City of Roseburg, OR ZONING REGULATIONS

§ 12.04.010 Introductory and general provisions.

Purpose. To achieve the purposes outlined in Chapter 12.02 of this Code, and to ensure that use of land in the Roseburg Urban Area conforms to the Roseburg Urban Area Comprehensive Plan, Zoning Districts (also referred to as zones) have been established for all areas under the land use authority of the City of Roseburg. These Districts specify regulations for the use of land and property development standards, and are applied by boundaries indicated on the Roseburg Zoning Map.

Location of zones. The boundaries for the zones listed in this Code are indicated on the Roseburg Zoning Map which is hereby adopted by reference and incorporated herein.

Zoning map. The Roseburg Zoning Map shall be certified by the City Council as being the official zoning map adopted by reference. Certification of the official zoning map shall appear on the cover page.

Amendment of map. Whenever it is necessary to amend the zoning map to conform with an amendment to the text or maps of this Code, the Director shall so change the map and annotate the cover sheet to show the Code amendment or administrative action number and the date of the change. The Director shall certify that the official map has been changed in conformance with the Code amendment or administrative action.

Zoning districts. For the purpose of this Code, the Zoning Districts shown in Table 2-1 are hereby established to implement the Comprehensive Plan Land Use Designations:

TABLE 2-1. ZONING DISTRICTS
COMPREHENSIVE PLAN LAND USE DESIGNATION	ZONING CLASSIFICATION	MAP SYMBOL
Public, Semi-public	Public Reserve	PR
Public, Semi-public	Airport District	AP
Parks/Open Space and Hazard Areas	Public Reserve	PR
Residential Open Space	Residential Open Space	RO
Low Density Residential	Low Density Residential	R10
	Single-Family Residential	R7.5
	Single-Family Residential	R6
	Limited Commercial	C1
Medium Density Residential	Limited Multiple-Family Residential	MR14
	Medium Density Multiple-Family Residential	MR18
	Limited Commercial	C1
High Density Residential	Multiple-Family Residential	MR29
	High Density Multiple-Family Residential	MR40
	Limited Commercial	C1
Professional Office	Professional Office	PO
Commercial	Central Business District	CBD
	Limited Commercial	C1
	Community Commercial	C2
	General Commercial	C3
	Mixed Use	MU
Industrial	Light Industrial	M1
	Medium Industrial	M2
	Heavy Industrial	M3
	Mixed Use	MU

Interpretation of zone boundaries. Whenever an uncertainty exists as to the boundary of a zone as shown on the official zoning map, the following rules of interpretation shall apply:

Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.

Boundaries indicated as approximately following platted lines shall be construed to follow such plat lines.

Boundaries indicated as approximately following City limits shall be construed to follow such City limits.

Boundaries indicated as following railroad lines or public utility easements shall be construed to be midway between the main tracks or utility easement, whichever is applicable.

Boundaries indicated as following the centerlines of streams, rivers, canals, or other bodies of water shall be construed to follow said centerlines.

Boundaries indicated as following shorelines shall be construed to follow the mean high water line.

Boundaries indicated as parallel to or extension of features indicated in the above Subsections (1) through (6) of this Section shall be so construed.

Where physical features existing on the ground vary with those shown on the official zoning map, or in other circumstances not covered by the above Subsections (1) through (6) of this Section, the Director shall interpret the zone boundaries, and, if necessary, may refer the matter to the Planning Commission for its interpretation pursuant to Section 12.02.070.

Where a public street or alley is officially vacated, the zone requirements applicable to the property to which the vacated area becomes a part shall apply.

Overlay districts. Any portion of a zone district may be subject to additional consideration by the establishment of regulations that "overlay" the parent district. These "overlay districts" may be applied singularly, or in any combination thereof, through application for a zone change pursuant to Section 12.10.040, and are designed to ensure that the various considerations contained in the text of such overlay district are employed in using and developing land subject to an overlay district.

Airport Impact Overlay. The Airport Impact Overlay District is intended to protect the public health, safety, and welfare by assuring that development within areas impacted by airport operations is appropriately planned to mitigate the impact of such operations, and to prevent the establishment of air space obstructions in air approaches through height restrictions and other land use controls as specified in Section 12.04.080 of this Code.

Floodplain Overlay. A district shall be given a floodplain overlay designation when such district has been identified as subject to periodic inundations by the Federal Emergency Management Agency (FEMA). Since such inundation adversely affects the public health, safety, and general welfare, development in said district shall be in conformance to the provisions of Section 12.04.090 of this Code, in addition to the requirements of the underlying zone.

Hillside Development Overlay. A Hillside Development Overlay is particularly applicable to areas of active or potential mass movement (landslide areas) and to all areas identified on the City of Roseburg Slope Map adopted by reference herein and/or greater than 12% slope. Prior to development approval, assurance shall be made that the public health, safety and welfare is not jeopardized by land use or development being proposed. Such approval shall be pursuant to Section 12.04.110 of this Code.

Planned Unit Development (PUD). A Planned Unit Development (PUD) Overlay is established by a land developer through a process designed to provide a means of creating harmonious planned environments through the application of flexible and diversified land development standards, to encourage superior development arrangements, and to promote the efficient use of urban land. Development within a district subject to a PUD overlay shall be approved pursuant to Subsection 12.10.010(R) and Chapter 12.12 of this Code.

Historic Districts Overlay. The purpose of the Historic Districts Overlay is to preserve, protect, maintain, and enhance those historic resources which represent or reflect elements of the cultural, social, economic, political, and architectural history. Historic resources are the sites, buildings, structures, objects, natural features, or specific districts that relate to events or conditions of our past. Protected resources will provide educational value, enjoyment, and economic diversification as well as beautification of the City and enhancement of property values. Section 12.04.110 of this Code is intended to allow the City to review any changes including alterations, remodels, additions, demolitions, and/or new construction proposals at the time of site review to ensure that registered historic districts/resources are preserved.

West Avenue Residential Overlay. The West Avenue Residential Overlay District is intended to implement the strategies contained in the West Avenue Redevelopment Plan. This overlay district recognizes and provides for the continued use of long established dwellings of record. Residential uses shall be subject to Section 12.04.120 of this Code.

§ 12.04.020 Public reserve and residential open space districts.

Purpose. The Public Reserve (PR) and Residential Open Space (RO) Districts are intended to establish areas which have unique characteristics which require unique regulations. Within the Public Reserve District, a variety of public service activities may be conducted without interference from inappropriate levels of residential, commercial, or industrial activities. It is intended to be applied primarily, though not exclusively, to publicly owned lands. The Residential Open Space District is intended to be applied to areas which have been identified as having significant scenic, cultural, or economic value to the urban area, but which under controlled development conditions are also suitable for limited residential use. Planned Unit Development approval is required to ensure retention of the site's natural character and/or economic benefit to the community.

List and Map Symbols
DISTRICT NAME	MAP SYMBOL
Public Reserve	PR
Residential Open Space	RO

Allowed uses and standards.

Permitted Uses. Uses identified with a "P" in Table 2-2 are permitted as-of-right in the subject zoning district, subject to compliance with any use standards identified in the final column of the table and all other applicable standards of this Code.

Conditional Uses. Uses identified with a "C" in Table 2-2 may be allowed if reviewed and approved in accordance with the Conditional Use Permit procedures of Section 12.10.080 of this Code. Conditional uses are subject to compliance with any use standards identified in the final column of the table and all other applicable standards of this Code.

Prohibited Uses. Uses identified with a "-" are expressly prohibited. Uses not identified are also prohibited.

Use Standards. The "use standards" column of Table 2-2 identifies use-specific standards that apply to some uses. Unless otherwise expressly stated, compliance with such standards is required regardless of whether the use is permitted as-of-right or requires conditional use approval.

Development Standards. Development of land within these Districts must comply with the standards referenced in Table 2-3, as well as other applicable development standards contained within this Code. If standards for specific aspects of development are not provided, such as minimum lot size, other required standards will dictate unspecified standards (i.e., setbacks and coverage). Within the Public Reserve District, development abutting a residential zone or use shall be screened by a minimum six foot-high sight-obscuring fence or hedge along the abutting property lines subject to the standards set forth in Subsection 12.08.040(G).

TABLE 2-2: RO AND PR—ALLOWED USES
USE CATEGORY	RO	PR	STANDARDS
Specific Use	RO	PR	STANDARDS
RESIDENTIAL
1) Single-Family Dwelling	-	C^[1]	-
2) Family Day Care Home	P	-	-
3) Residential Home	P	-	-
4) Residential Facility	C	-	-
5) Day Care Facility	C	-	-
6) PUD	P	-	12.12.020
7) Severe Event Shelter	P^[2]	P^[2]	12.08.060
PUBLIC/CIVIC
8) Public/Semi-public Uses and Activities	C	P	-
9) Parks and Playgrounds	P	P	-
10) Schools	-	P	-
11) Botanical, Zoological and other types of Gardens	-	P	-
12) Cemeteries	-	P	-
13) Fairgrounds	-	P	-
14) Fire prevention/detection/suppression facilities	-	P	-
15) Fish and wildlife management	-	P	-
16) Golf Course	-	P	-
17) Hospital and nursing homes	-	P	-
18) Children's Group Home and charitable institutions	-	P	-
19) Campgrounds/boating facilities/lodges/camps and other such recreational facilities	-	P	-
20) Public airport/heliport/landing strips	-	C	-
21) Hydroelectric, solar wind, geothermal facilities, transmission lines or pipes, and substations	-	C	-
22) Religious Institutions	C	C	-
COMMERCIAL
23) Mini-Retail Business	-	P	12.08.040(M)
24) Private airport/heliport/landing strips	-	C	-
25) Solid waste transfer/disposal sites and recycling centers	-	C	-
26) Telecommunications Facilities	C	C	12.08.030
27) Mining operations	-	C	12.08.050

Notes:
^[1] A single family dwelling customarily provided in conjunction with a use permitted in this classification.
^[2] Severe event shelters provide short-term relief from severe events, such as extreme weather. 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 the severe event shelters and the surrounding land uses are mitigated through the special regulations set forth in this Section 12.08.060.

Notes:

^[1] A single family dwelling customarily provided in conjunction with a use permitted in this classification.

^[2] Severe event shelters provide short-term relief from severe events, such as extreme weather. 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 the severe event shelters and the surrounding land uses are mitigated through the special regulations set forth in this Section 12.08.060.

TABLE 2-3: RO AND PR PARCEL AND BUILDING STANDARDS
DISTRICTS	RO	PR
Minimum Lot Area (sq. ft.)
Planned Unit Development (PUD)	[1]	-
Residential Facility or Home	[2]	N/A
Coverage	20%	60%
Setbacks (feet)
Front	20	15
Rear	10	10
Side (interior)	5	5
Side (exterior)	20	10
Max Building Height (feet)	35	35^[3]

Notes:
^[1] In addition to PUD standards cited in this Code, a PUD in this zone is limited to one dwelling unit per three gross acres.
^[2] Two and one-half (2.5) beds per 1,100 square feet of lot area.
^[3] Hospitals, public buildings and Religious Institutions may have a height of 60 feet.

(Ord. 3545, § 2, 12-14-2020; Ord. 3566, § 2, 3-28-2022)

§ 12.04.030 Residential districts.

Purpose. Roseburg's Residential Zoning Districts are primarily intended to create, maintain and promote a variety of housing opportunities for individual households and to maintain and promote the desired physical character of existing and developing neighborhoods. While the districts primarily accommodate residential use types, some nonresidential uses are also allowed. District standards provide development flexibility, while at the same time helping to ensure that new development is compatible with the City's many neighborhoods. In addition, the regulations offer certainty for property owners, developers and neighbors about the limits of what is allowed.

List and Map Symbols
DISTRICT NAME	MAP SYMBOL
Low-Density Residential	R10
Single-Family Residential	R7.5
Single-Family Residential	R6
Limited Multiple-Family Residential	MR14
Medium-Density Multiple-Family Residential	MR18
Multiple-Family Residential	MR29
High-Density Multiple-Family Residential	MR40

Allowed uses and standards.

Permitted Uses. Uses identified with a "P" in Table 2-4 are permitted as-of-right in the subject zoning district, subject to compliance with any use standards identified in the final column of the table and all other applicable standards of this Code. Uses identified with "P, C" indicate that the use may be permitted based on specific standards, but is only conditionally allowed if those standards are not met.

Conditional Uses. Uses identified with a "C" in Table 2-4 may be allowed if reviewed and approved in accordance with the Conditional Use Permit procedures of Section 12.10.080 of this Code. Conditional uses are subject to compliance with any use standards identified in the final column of the table and all other applicable standards of this Code. Some uses may be identified with both a "P" and a "C," refer to the footnotes for explanations.

Prohibited Uses. Uses identified with a "-" are expressly prohibited. Uses not identified are also prohibited.

Use Standards. The "use standards" column of Table 2-4 identifies use-specific standards that apply to some uses. Unless otherwise expressly stated, compliance with such standards is required regardless of whether the use is permitted as-of-right or requires conditional use approval.

Development Standards. Development of land within these Districts must comply with the standards referenced in Table 2-5, as well as other applicable development standards contained within this Code, such as parking requirements. If standards for specific aspects of development are not provided, such as minimum lot size, other required standards will dictate unspecified standards (i.e., setbacks and coverage).

TABLE 2-4: RESIDENTIAL—ALLOWED USES
USE CATEGORY	R10	R7.5	R6	MR14	MR18	MR29	MR40	STANDARDS
Specific Use	R10	R7.5	R6	MR14	MR18	MR29	MR40	STANDARDS
RESIDENTIAL
1) Single-Family Dwelling	P	P	P	P	P	P	-	-
2) Duplex Dwelling^[1]	P	P	P	P	P	P	-	-
3) Townhouses	C	C	C	P	P	P	P	12.04.030(F)
4) Multifamily Dwelling	-	-	-	P	P	P	P	12.04.030(G)
5) Mobile Home Parks	-	-	-	P	P	-	-	12.10.120
6) Accessory Dwelling Unit^[2]	P	P	P	P	P	P	P	12.04.030(C)
7) Boarding and Rooming Houses	-	-	-	P	P	P	-	-
8) Family Day Care Home	P	P	P	P	P	P	P	-
9) Residential Home	P	P	P	P	P	P	P	-
10) Residential Facility	C	C	C	P	P	P	P	-
11) Severe Event Shelter	P^[6]	P^[6]	P^[6]	P^[6]	P^[6]	P^[6]	P^[6]	12.08.060
PUBLIC/CIVIC
12) Religious Institutions	P	P	P	C	C	C	C	-
13) Parks and Playgrounds	C	C	C	C	C	C	-	-
14) Public/Semi-public Buildings and Uses	C	C	C	C	C	C	-	-
15) Schools	-	-	-	C	C	C	-	-
COMMERCIAL
16) Ambulance Service	-	-	-	-	-	C	C	-
17) Bed and Breakfast Facilities	C	C	C	C	C	C	C	12.08.040(K)
18) Convenience Commercial Uses^[5]	-	-	-	-	-	-	C	-
19) Day Care Facility	C	C	C	C	C	C	C	-
20) Nursing Home	-	-	-	-	C	C	-	-
21) Privately-Operated Kindergarten	-	-	-	C	C	C	-	-
22) Telecommunications Facilities	C	C	C	C	C	C	C	12.08.030
23) Temporary Sales Office^[3]	P	P	P	P	P	P	P	-
24) Uses Permitted in PO Zone^[4]	-	-	-	C	C	C	C

Notes:
^[1]	Conversion of an existing legal non-conforming single-family dwelling to a duplex is allowed, provided that the conversion does not increase the non-conformity. In any case, the number of dwelling units on a lot or parcel may not exceed two, including any accessory dwelling units.
^[2]	Accessory dwelling units shall be accessory to a lawfully established single-family dwelling and is subject to the standards in Subsection 12.04.030(C).
^[3]	The use of a temporary sales office for a new development shall be exempt from the Administrative Approval process. However, such uses shall be limited to the exclusive use for the project on which it is located and shall be discontinued upon completion of the initial sales of all lots.
^[4]	In addition to Conditional Use Criteria, the site shall abut a PO, CBD, C1, C2 or C3 and have adequate area to meet the development standards of said use.
^[5]	Convenience Commercial Uses are limited to the following: barber/beauty shops, delicatessens, grocery stores less than 2,500 square feet, restaurants without a drive-thru, pharmacies, and professional offices. The commercial use is restricted to the first floor and must have residential dwelling units located in upper stories.
^[6]	Severe Event shelters provide short-term relief from severe events, such as extreme weather. 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 the severe event shelters and the surrounding land uses are mitigated through the special regulations set forth in this Section 12.08.060.

TABLE 2-5. RESIDENTIAL PARCEL AND BUILDING STANDARDS
DISTRICTS	R10	R7.5	R6	MR14	MR18	MR29	MR40
Minimum Lot Area (sq. ft.)
Single-Family and Duplex Dwelling	10,000	7,500	6,000	6,000	6,000	6,000	-
Townhouses^[1]	4,500	3,600	3,000	2,400	2,400	2,400	2,400
Multifamily Dwelling^[4] (Min. Lot Area/Lot Area per dwelling unit)	-	-	-	10,000/ 3,000^[2] ^[3]	10,000/ 2,350^[3]	10,000/ 1,500^[3] ^[4]	30,000/ 800^[3] ^[4]
Residential Facility or Home (Min. Lot Area/Lot Area per five beds)^[5]	10,000/ 4,700	10,000/ 4,700	10,000/ 4,700	10,000/ 4,700	10,000/ 4,700	10,000/ 3,000	10,000/ 2,200
Minimum Lot Width (feet)^[1]	60	60	60	60	60	60	-
Coverage	55%	55%	55%	70%	80%	80%	80%
Setbacks (feet)^[7]
Front	20	20	15	15	15	15	10
Rear	10	10	10	^[6]	^[6]	^[6]	^[6]
Side (interior)	5	5	5	^[6]	^[6]	^[6]	^[6]
Side (exterior)	10	10	10	10	10	10	10
Maximum Building Height (feet)	35	35	35	35	45	60	80

Notes:
^[1]	Townhouses have additional parcel and building development standards as shown in Subsection 12.04.030(E).
^[2]	No more than four dwelling units allowed per building.
^[3]	Multiple-dwelling buildings have additional parcel and building development standards as shown in Subsection 12.04.030(F).
^[4]	New multifamily development is eligible for density bonuses. See Paragraph 12.04.030(F)(3).
^[5]	Residential Facilities and Homes shall have no more than 20 beds per any one building.
^[6]	Side and Rear Yard requirements vary according to the number of stories within building as follows:
	•	One story: four feet
	•	Two stories: five feet
	•	Three stories: eight feet
	•	Four stories: 10 feet
	•	Five or more stories: 12 feet, plus two additional feet for each story over five, with a maximum required yard of 20 feet.
^[7]	Any side of a garage that has a door for an automobile shall be set back from the property line where vehicle access is provided by a minimum of 20 feet.

Accessory dwelling units. Accessory dwelling units shall conform to the following standards:

Accessory dwelling units are exempt from the housing density standards and minimum lot areas of residential zoning districts.

A maximum of one accessory dwelling unit is allowed per legal single-family dwelling. The unit may be a detached building, in a portion of a detached accessory building (e.g. above a garage or workshop), or a unit attached or interior to the primary dwelling (e.g., an addition or the conversion of an existing floor);

A detached accessory dwelling unit shall not exceed 1000 square feet in floor area, or 75% of the primary dwelling's floor area, whichever is smaller.

An attached or interior accessory dwelling unit shall not exceed 1000 square feet of floor area, or 75% of the primary dwelling's floor area, whichever is smaller. However, accessory dwelling units that result from the conversion of a level or floor (e.g., basement, attic, or second story) of the primary dwelling may occupy the entire level or floor, even if the floor area of the accessory dwelling unit would be more than 1000 square feet;

Accessory dwelling units shall meet all other development standards (e.g. height, setbacks, lot coverage, etc.) for buildings in the zoning district, except that:

Conversion of an existing legal non-conforming structure to an accessory dwelling unit is allowed, provided that the conversion does not increase the non-conformity.

Accessory dwelling units shall comply with the street improvement standards of Subsection 12.06.010(D)(1) and sidewalk improvement requirements of Subsection 12.06.020(E)(1), if applicable, except that street or sidewalk improvements are not required for interior accessory dwelling units in which no increase to the size of the total gross floor area on the property occurs.

Manufactured homes.

Individual manufactured homes placed as a single-family dwelling outside of a mobile home park or as a duplex dwelling shall comply with the following standards:

The manufactured home shall be multi-sectional and enclose a space of not less than 1,000 square feet.

The manufactured home shall be placed on an excavated and back-filled foundation and enclosed at the perimeter such that the manufactured home is located not more than 16 inches above grade.

The manufactured home shall have a pitched roof, with a slope of at least a nominal three feet in height for each 12 feet in width.

The manufactured home shall have exterior siding and roofing which in color, material, and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the Community Development Director.

The manufactured home shall be certified by the manufacturer to have an exterior thermal envelope meeting performance standards which reduce levels equivalent to the performance standards required of the single-family dwellings constructed under the state building code as defined in ORS 455.010.

The manufactured home shall have a garage or carport constructed of like materials. The Director may require an attached or detached garage in lieu of a carport where such is consistent with the predominant construction of immediately surrounding dwellings.

Unless inconsistent with the above, the manufactured home and the lot upon which it is sited shall also be subject to all other development standards applicable to the single-family or duplex dwelling.

Individual manufactured homes placed as an accessory dwelling unit shall comply with Subsection 12.04.030(D)(1)(b), (c), (d) and (e). The manufactured home shall comply with all other applicable standards for accessory dwelling units.

Individual manufactured homes are not permitted in any area designated in the Comprehensive Plan or in Section 12.04.110 as an historic district, or to any residential land immediately adjacent to an historic landmark.

Screening. All nonresidential development abutting a residential zone or use shall be screened by a minimum six feet-high sight-obscuring fence or hedge along the abutting property lines. Fences shall be subject to the standards set forth in Subsection 12.08.040(G). Nonresidential development to which this applies includes, but is not limited to:

Religious Institutions;

Day Care Facility;

Residential Facility/Home.

Townhouses.

Number of Dwelling Units. In zoning districts that allow three+-unit townhouses, buildings may not contain more than eight attached dwelling units.

Parcel Standards.

TABLE 2-6: TOWNHOUSE PARCEL STANDARDS
DISTRICTS	R10	R7.5	R6	MR14	MR18	MR29	MR40
Coverage	60%	65%	65%	75%	80%	80%	80%
Lot Width (feet)	35	35	30	25	25	25	20
Front Setback	20	15	10	10	10	10	5

Side and rear yard setbacks of the zoning district apply.

Front yard setback for any portion of the facade adjacent to automobile access must be at least 20 feet in order to accommodate off-street parking.

Parking and Access.

Access to parking spaces and garages must be from an alley for all parcels abutting an alley.

For parcels without alley access, driveways, parking and other vehicular use areas shall not be located between the porch (or covered building entrance) and the street (see Figure 2-1: Townhouse Parking Standards).

FIGURE 2-1: TOWNHOUSE PARKING STANDARDS

When parking is provided in a garage or carport that faces a street, the following standards must be met:

The garage or carport width may not exceed 50% of the street facing facade of each attached dwelling unit or 13 feet, whichever is greater (see Figure 2-2: Townhouse Garages).

ii.

A townhouse structure may have no more than two individual garage doors or carport entrances in succession on a street-facing facade.

iii.

Garages and carports must be set back at least 20 feet from all property lines that abut a street. Garages and carports must be recessed at least two feet from the street facing facade of the building.

iv.

When garages or carports are paired (abutting), driveways must be combined and centered on the property line between dwelling units providing access to the garages or carports. There must be a minimum of 33 feet distance between single or paired driveways, measured along the front property line, unless otherwise approved by the City engineer (see Figure 2-3: Townhouse Driveway Spacing).

Driveway widths must meet the standards contained within this Code, except that driveway setbacks from interior property lines of adjoining townhouse units are not necessary.

FIGURE 2-2: TOWNHOUSE GARAGES

FIGURE 2-3: TOWNHOUSE DRIVEWAY SPACING

Building Design.

Entryway.

Each dwelling unit must have a separate ground-floor entrance that is clearly defined and highly visible on the building facade that faces a public street or a right-of-way other than an alley. The front door must be within eight feet of the building's front facade (see Figure 2-4: Townhouse Entryways). The door may be at any angle to the street as long as the other entrance standards are met.

ii.

Each front entrance must include a porch or covered entry. A pedestrian walkway must connect each front entrance to the street. A door that leads directly into a garage does not qualify as a front entrance.

FIGURE 2-4: TOWNHOUSE ENTRYWAYS

Glazing. Each townhouse dwelling unit must provide windows or glazed area equal to at least 15% of the building facade that faces a public street or a right-of-way other than an alley. Glazing in (vehicle) garage doors may not be counted towards meeting glazing requirements.

Building Modulation. Architectural features applied to building facades that provide depth and visual relief from large expanses of blank walls and reduce the apparent scale and bulk of the building.

Building facade modulation must be provided on the front facade of all townhouse buildings containing three or more dwelling units when such buildings directly face a public street (other than an alley), as follows:

Exterior walls may not exceed 32 feet in (horizontal) length without modulation.

Along the vertical face of all building stories, such elements shall occur at a minimum interval of 30 feet and each floor shall contain at least two elements listed below.

All modulations must have a depth of at least two feet and a horizontal length of at least four feet.

ii.

Modulation may be achieved through such techniques and features as:

Recessed or projecting wall offsets;

Recess areas (e.g., deck, patio, courtyard, entrance or similar feature).

Entryways, balconies, bay windows;

Porch or canopy structures including columns or piers;

Dormers with peaked roofs and windows or offsets or breaks in roof elevation of 2 feet or greater in height; or

Other prominent architectural features that serve to provide dimension and break up large expanses of wall area.

Landscaping. Each lot developed as a townhouse shall provide a landscaped area in the front yard equal to at least 20 percent of the total front yard but no less than 50 square feet in area.

Each 25 square feet of required area landscaping shall contain one tree at least six feet high. At least two one-gallon or one five-gallon shrubs shall be placed for every 10 square feet of lot landscaping. The remaining planter area shall be treated with ground cover.

ii.

Specifications for Trees and Plant Materials.

Deciduous Trees. Deciduous shade or ornamental trees shall be a minimum one and one-half (1½) inch caliper measured six inches above ground, and a minimum of six feet in height at time of planting.

Conifer or Evergreen Trees. Coniferous or evergreen trees shall be a minimum of six feet in height above ground.

Evergreen and Deciduous Shrubs. Evergreen and deciduous shrubs shall be at least one to five gallon size.

Living ground covers. Living ground covers shall be drought-tolerant, fully rooted and shall be well branched or leafed.

Other ground covers. Other ground covers shall consist of a decorative treatment of bark, rock, or other attractive ground cover.

Lawns. Lawns shall consist of grasses. Lawns shall provide 100% coverage and be weed-free.

Multiple-family dwellings. The provisions of this Section are intended to ensure that multifamily dwellings are well-designed and provide amenities that improve the quality of development.

Minimum Distance between Buildings. Where multifamily dwelling buildings are grouped as one project on one tract of land, the minimum distances between buildings at any given point shall not be less than the sum of the required side yards computed separately for each building.

Pedestrian Access. Multifamily developments must provide a system of walkways connecting each multifamily building to the following: adjacent public sidewalks, onsite parking lots or parking structures, other onsite multifamily buildings, garages, disposal and recycling containers, mail boxes, recreation areas and bicycle storage areas.

Improved Open Space. Lots or sites with multifamily dwellings shall provide improved open space meeting the following standards:

At least 100 square feet shall be provided per dwelling unit, but no less than 800 square feet for the entire site. Open space not containing amenities specified below shall be covered by weed-free, drought-tolerant landscaping.

All dimensions shall be at least 20 feet, and shall have a ratio no greater than 3:1 so that no one side is more than three times the length of the other. No more than 20% of open space shall be on land with a slope greater than 12% (sports courts/fields shall have a slope no greater than 3%).

Unless the total improved open space required for the development is provided with private outdoor areas, at least 50% of the open space shall include one or more of the following types of amenities:

Fixed Features. Amenities such as benches, grills, playground equipment, sheltered areas, or other permanent features approved by the Director.

ii.

Garden Areas. Garden areas shall include fencing that prevents deer intrusion, is accessible to all residents and a compacted topsoil layer at least 4 inches in depth.

iii.

Developed Recreation Areas. Examples include swimming pools and adjoining patios or decks, sports courts/fields that are developed and equipped to industry standards. These areas shall contribute to the 50% requirement at a 4:1 ratio (i.e., 200 square feet of a developed recreation area shall constitute 800 square feet of required improved open space).

Private Outdoor Areas. Areas for individual dwelling units shall be adjoining and for the exclusive use of the dwelling unit they serve, subject to the following specifications:

Ground-story dwellings shall provide at least 100 square feet (lawns, patios or decks), and upper-story dwellings shall provide at least 80 square feet (balconies or decks).

ii.

No horizontal dimension shall be less than eight feet.

iii.

Ground-story areas may be fenced (excluding chain-linked fence). If fenced, a lockable door shall be provided to grant access to public right-of-way or other improved open space. Upper-story areas shall be partitioned from the areas of adjoining units by a solid wall.

Exceptions. The following exceptions shall apply to this Subsection:

Multifamily dwellings located above commercial structures, or structures within the Central Business District (CBD).

ii.

Remodel or conversion projects that do not change the building footprint by more than 20% or increase the number of dwelling units by more than two. Projects that modify existing multifamily dwellings and cannot comply with the standards of this Subsection must utilize any available land by installing improvements listed in Subparagraph 12.04.030(F)(3)(c) of this Code or by providing Private Outdoor Areas for each dwelling unit.

Density Bonus. The approving authority shall authorize a 10% increase in residential density for each amenity package provided in a new multifamily development in the MR29 and MR40 Districts; provided, however, that increased density shall not be granted for more than three amenity packages (maximum 30% density increase).

The requirements of each amenity package shall not be subject to the provisions of Section 12.10.050 (Variances).

Amenity Package No. 1—Crime Prevention. Allow a 10% increase in density if all of the following are provided:

One window (minimum six square feet) must be provided in each unit, which overlooks the circulation space leading to the unit;

ii.

All exterior doors shall be solid core or metal, and shall have dead bolts and security viewers;

iii.

All sliding glass doors and windows will have the sliding section on an inside track;

iv.

Any lobby space provided shall be provided with windows such that the entire interior of such lobby is visible from outside the lobby;

All exterior stairs used as the principal access to a dwelling shall be entirely visible from at least 20 feet away from the stair landing;

vi.

A single stair, corridor, or courtyard may not be used as the principal entrance to more than eight units;

vii.

Hallways or corridors shall have emergency exits at 30 feet intervals;

viii.

Any outdoor space provided for recreation shall be visible from at least 1/3 of the units it is intended to serve;

ix.

From any stair or elevator landing, all apartment principal entrances served by that landing shall be visible.

Amenity Package No. 2—Energy Conservation. Allow a 10% increase in density if all of the following provisions are met:

All windows and glass sliding doors must have insulated frames.

ii.

All units with individual room heating shall provide a wall thermostat in every room so heated; such thermostat shall be located between three and five feet above the floor and within 18 inches of the principal entrance to the room.

iii.

In dwelling units where a circulation space connects sleeping rooms with the living/dining/kitchen area, a door shall be provided in that circulation space.

iv.

All windows and glass doors shall be double glazed.

All top level unit ceilings shall be insulated to a minimum of "R-38."

vi.

All thermostats within a project shall have night setback capabilities.

vii.

At least one of the following shall be provided:

A.	Passive solar heating for at least 2/3 of all units in the project;
B.	Active solar space heating;
C.	Solar hot water heating.

Amenity Package No. 3—Transitional Spaces. Allow a 10% increase in density if all of the following provisions are met:

No auto parking or maneuvering area may be within five feet of the principal entry to any unit, or a corridor or stair that is the main access to such an entry.

ii.

Provide every unit with a private porch, patio, deck, or balcony that has at least 48 square feet with no dimension of less than six feet.

iii.

Provide a hallway or corridor within the unit between bedroom areas and living areas, and provide a doorway within this hallway or corridor, separating living from sleeping areas.

iv.

Increase all required building setbacks by 50%.

Amenity Package No. 4—Larger Units. Allow a 10% increase in density if all of the following provisions are met:

All units will have the following minimum gross square footage of interior space:

•	Studio 500 square feet
•	One Bedroom 675 square feet
•	Two Bedrooms 800 square feet
•	Three Bedrooms 950 square feet

ii.

Kitchens shall be at least 64 square feet in area, exclusive of eating space, and shall have a minimum dimension of eight feet; a kitchen window shall be provided over the kitchen sink; kitchen storage shall be provided as follows:

•	20 square feet of drawer space;
•	40 square feet of shelf space; and
•	20 square feet of counter space.

iii.

All units will be provided with storage space according to the following:

•	Bedroom Closet—10 sq. ft. floor area each;
•	Linen Closet—20 sq. ft. shelf area;
•	Guest Hall or Coat Closet—10 sq. ft. floor area;
•	Private Storage Locker—100 cu. ft.

iv.

At least 30%-of all units must have two, and at least 10% of all units must have three bedrooms.

Amenity Package No. 5—Neighborhood Compatibility. Allow a 10% density bonus if all of the following provisions are met:

All required yards and buffers shall be planted in grass or other low, living ground cover.

ii.

Siding shall be sawn lumber, premium grade or better rough sawn or textured plywood, clay brick; or, similar high quality material.

iii.

Exterior walls of the project that face onto the right-of-way shall be varied to meet one of the following criteria:

A.	The exterior wall shall vary in its distance from the facing right-of-way by at least 18 inches every 40 feet; or
B.	Balconies or porches shall be provided facing onto the right-of-way for every dwelling with an exterior wall that faces a right-of-way; such balcony or porch shall extend at least four feet beyond the exterior wall of the unit.

Amenity Package No. 6—Children's Play Space. Allow a 10% increase in density for projects that incorporate all of the following features into their design:

Provide 50 square feet of play area for every unit in the project; however, no play area may be smaller than 1,000 square feet or less than 25 feet on any side.

ii.

Each play area must have at least 400 square feet of grass.

iii.

No unit in the project shall be more than 200 feet from a play area.

iv.

Every unit shall be connected to a play area by a pedestrian walk which is not crossed at any point by motor vehicle parking or maneuvering areas or access drives.

Every play area used to meet the requirements of this Section shall be provided with two trees and two benches with backs. Such benches shall be at least five feet long.

vi.

Play areas shall be provided with a swing set (permanent, four swings minimum) and at least one of the following features for each five units the play area is intended to serve. These may not be repeated until at least three different features are provided:

A.	Slide (permanent);
B.	Sand Box, at least 64 square feet in area;
C.	Basketball Half Court (permanent);
D.	Play structure covering a minimum area of 100 square feet (permanent);
E.	Two additional trees, subject to the requirements listed in Subparagraph (e) of this Section.

Where a play area serves 30 or more units, (A) through (E) above will be repeated to continue the ratio of one feature for every five units.

(Ord. 3561, § 2, 6-28-2021; Ord. 3545, § 3, 12-14-2020; Ord. 3520, §§ 2, 3, 3-11-2019)

§ 12.04.040 Commercial Districts.

Purpose. Roseburg's commercial districts are primarily intended to provide economic opportunity for business owners and a suitable market of goods and services for the public by establishing zones and standards appropriate for certain types of business respective of surrounding Zoning Districts, uses and infrastructure.

The Professional Office District is intended to provide areas for low intensity office uses, which utilize harmonious exterior design and landscaping to serve as a transition or buffer between residential and more intensively developed properties. It is intended that the administrative, professional, and limited business office uses permitted in the PO District will provide for more compatible land uses in close proximity to residential areas than would otherwise be permitted by other commercial districts.

The Limited Commercial classification is provided for a desirable mixing of the residential land uses with limited commercial land uses. The C1 Zone is intended to serve local neighborhood needs rather than an entire community. The limited commercial uses allowed in this district are selected for their compatibility with residential uses and their ability to meet the needs of the neighborhood. Normally, the district is to be applied as a small compact area conveniently located in or near residential areas, and may be applied to areas designated as "Residential" or "Commercial" by the Comprehensive Plan.

The Community Commercial classification is intended to provide areas for community shopping facilities. It is intended to preserve and enhance areas with a wide range of retail sales and service establishments serving both long and short term needs on a community-wide basis.

The General Commercial classification is intended to provide areas within which a variety of retail and wholesale business occurs. These areas serve general community-wide and regional commercial needs.

List and Map Symbols
DISTRICT NAME	MAP SYMBOL
Professional Office	PO
Limited Commercial	C1
Community Commercial	C2
General Commercial	C3

Allowed uses and standards.

Permitted Uses. Uses identified with a "P" in Table 2-7 are permitted as-of-right in the subject zoning district, subject to compliance with any use standards identified in the final column of the table and all other applicable standards of this Code. Uses not specifically listed but similar to other permitted uses may be approved by the Director.

Conditional Uses. Uses identified with a "C" in Table 2-7 may be allowed if reviewed and approved in accordance with the Conditional Use Permit procedures of Section 12.10.080 of this Code. Conditional uses are subject to compliance with any use standards identified in the final column of the table and all other applicable standards of this Code. Uses not specifically listed but similar to other conditional uses may be applied for through the Conditional Use Permitting process.

Prohibited Uses. Uses identified with a "-" are expressly prohibited. Uses not identified are also prohibited.

Use Standards. The "use standards" column of Table 2-7 identifies use-specific standards that apply to some uses. Unless otherwise expressly stated, compliance with such standards is required regardless of whether the use is permitted as-of-right or requires conditional use approval.

Development Standards. Development of land within these Districts must comply with the standards referenced in Table 2-8, as well as other applicable development standards contained within this Code. If standards for specific aspects of development are not provided, such as minimum lot size, other required standards will dictate unspecified standards (i.e., setbacks and coverage).

TABLE 2-7: COMMERCIAL—ALLOWED USES
USE CATEGORY		PO	C1	C2	C3	STANDARDS
Specific Use		PO	C1	C2	C3	STANDARDS
RESIDENTIAL
1)	Dwellings Units subject to MR14	P^[1], C	P^[1]	-	-	12.04.030(B)
2)	Dwellings Units subject to MR29	-	C	P^[1], C	C	12.04.0030(B)
3)	Dwelling units above commercial structures (one dwelling unit per 800 sq. ft. of lot area)	C	C	P	P	-
4)	Boarding/Rooming Houses, Homeless Shelters	C	-	-	C	-
5)	Mobile Home Parks	-	-	-	P	12.10.120
6)	Residential Facility	-	P	P	P	-
7)	Residential Home	C	C	C	C	-
8)	Nursing Home	-	-	-	P	-
9)	Severe Event Shelter	P^[7]	P^[7]	P^[7]	P^[7]	12.08.060
PUBLIC/CIVIC
10)	Library, Museums and Galleries	C	-	P	P	-
11)	Parking Lots or Structures	C	-	P	P	12.06.020
12)	Parks and Playgrounds	P	-	-	-	-
13)	Police, fire and rescue services	-	C	P	P	-
14)	Public and semi-public buildings and uses	-	-	C	P	-
15)	Religious Institutions	C	C	C	P	-
16)	Schools	-	-	P	P	-
17)	Social Services (e.g., job training centers, individual/family services)	C	-	-	-	-
18)	Youth/senior/community centers	P	P		-	-
COMMERCIAL
19)	Adult entertainment or adult bookstore	-	-	-	C	-
20)	Agricultural supplies/machinery sales rooms	-	-	-	P	-
21)	Ambulance Service	C	C	P	P	-
22)	Art, music, dance school/studio/gallery/supplies	P	-	P	P	-
23)	Athletic/Health clubs (including racquet sports and spas) (indoors only)	-	-	-	P	-
24)	Automobile body shop in conjunction with an auto sales agency	-	-	-	C	-
25)	Automobile service station	-	C	P	P	-
26)	Automobile, truck, and motorcycle dealers/garages/service stations/washes/detailers	-	-	-	P	-
27)	Auto parts/tools supply stores	-	-	-	P	-
28)	Bank, credit/insurance agency, brokerage house, etc.	-	-	P	P	-
29)	Bed and Breakfast Facility	-	P	P	P	12.08.040(K)
30)	Brewery, Macro-	-	-	-	C	-
31)	Brewery, Micro-	-	-	-	P	-
32)	Builders supplies (including retail sale of lumber)	-	-	-	P	-
33)	Business services or offices (e.g., corporate offices, radio/TV stations, answering or dispatch services, insurance offices, etc.)	P	-	P	P	-
34)	Commercial storage units	-	-	-	P	-
35)	Crematory or mausoleum	-	-	-	C	-
36)	Day Care Facility	C	P	P	P	-
37)	Delivery services	-	-	P	P	-
38)	Department store	-	-	-	P	-
39)	Drive-up window service for permitted use	-	-	C	P	-
40)	Liquor store	-	-	P	P	-
41)	Dry cleaning facility	-	-	-	P	-
42)	Dry goods/notions store or meat market	-	-	P^[4]	P^[4]	-
43)	Family Day Care Home	P	P	P	-	-
44)	Food services within an office complex	C	-	-	-	-
45)	Funeral Home (no crematories)	-	-	P	P	-
46)	Grocery, hardware, garden supply, cafe, deli, bakery, florist, gift, video, variety store/shop, etc.	-	P^[3]	P	P	-
47)	Laundromat	-	P^[2]	P	P	-
48)	Manufacturing of handicraft goods for sale on premises only, such as wood, pottery, tile, archery, and shell	-	-	P	P	-
49)	Marijuana Dispensary, Medical	-	-	P^[6]	P^[6]	-
50)	Marijuana Retailer	-	-	P^[6]	P^[6]	-
51)	Membership associations or clubs	P	-	-	-	-
52)	Mini-Retail Business	P	P	P	P	12.08.040(M)
53)	Mobile home and recreational vehicle sales	-	-	-	P	-
54)	Motel/Hotel	-	-	P	P	-
55)	Motion picture production/distribution/services	-	-	-	P	-
56)	Outdoor recreational facilities (e.g., golf/country/swimming/tennis clubs, skateboard parks, etc.)	-	-	-	C	-
57)	Personal Service providers (e.g., barbershop, beauty/tanning salon, massage parlor, tailor shop)	P	-	P	P	-
58)	Pharmacy	-	P^[2]	P^[2]	P	-
59)	Places of amusement (e.g., billiard parlors, bowling alleys, drive-in theaters, dance halls, video arcades, miniature golf, etc.)	-	-	-	P	-
60)	Plant nursery/greenhouse	-	-	C	P	-
61)	Plumbing/heating/electrical/sheet metal shop	-	-	-	P	-
62)	Printing and publishing	-	-	P	P	-
63)	Professional offices	P	P^[2]	P	P	-
64)	Recycling Center	C	P^[2]	P^[5]	P^[5]	-
65)	Restaurant, Cafe, Tavern, Confectionery, Catering	-	-	P	P	-
66)	Retail Stores: sporting goods, clothing/hats, jewelry, books/stationary, antiques/curios, furniture, household/office supplies, surgical supplies/equipment, etc.	-	-	P	P	-
67)	Secondhand store	-	-	P	P	-
68)	Sidewalk Cafes	-	-	C	C	12.08.040(I)
69)	Stadium/coliseum	-	-	-	C	-
70)	Store (retail and wholesale) and business uses similar to other permitted uses and typically found in commercial districts, provided that:	-	-	-	P	-
	a) Where there is manufacturing, compounding, processing or treatment of products for whole-sale, a minimum of 25 percent of the total floor area shall be used for retail sales.
	b) Use is not objectionable due to odor, dust, smoke, noise, vibration or appearance.
71)	Telecommunications Facilities	C	C	C	C	12.08.030
72)	Telephone/telegraph exchanges	-	-	P	P	-
73)	Theaters (indoor)	-	-	P	P	-
74)	Veterinarian clinic (no outside animal runs/pens)	-	C	P	P	-

Notes:
^[1] Dwelling unit above or behind a permitted use.
^[2] Limited to 1,500 square feet in area.
^[3] Limited to 2,500 square feet in area.
^[4] Limited to 25,000 square feet in area.
^[5] Limited to 5,000 square feet in area.
^[6] Location shall not be within 1,000 feet of a school or pre-school; 500 feet from any property zoned Public Reserve or 200 feet from any property zoned Residential except when an arterial street lies between a dispensary and Residential or Public Reserve zoned property. A marijuana retailer (non-medical) shall not be within 1,000 feet of another marijuana retailer; a medical marijuana dispensary shall not be within 1,000 feet of another medical marijuana dispensary. In addition, any and all Medical Marijuana Dispensaries must be registered with the Oregon Health Authority under ORS 475B.858 and comply with all OHA rules. In addition, any and all Marijuana Retailers must be licensed by OLCC and comply with all OLCC rules.
^[7] Severe event shelters provide short-term relief from severe events, such as extreme weather. 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 the severe event shelters and the surrounding land uses are mitigated through the special regulations set forth in this Section 12.08.060.

TABLE 2-8: COMMERCIAL PARCEL AND BUILDING STANDARDS
Minimum Lot Area (sq. ft.)	DISTRICTS
Minimum Lot Area (sq. ft.)	PO	C1	C2	C3
Any use not specified below	-	7,500	-	-
Residential Facility or Home (Min. Lot Area/Lot Area per five beds)^[1]	-	10,000/4,700	10,000/4,700	10,000/4,700
Coverage	80%	60%	100%^[4]	100%^[4]
Setbacks (feet)^[2]
Front	10	20	0	0
Rear	0^[6]	0^[6]	^[4]	^[4]
Side (interior)	5^[5]	5	0^[4]	0^[4]
Side (exterior)	10	10	0^[4]	0^[4]
Maximum Building Height (feet)	35	35	45	80^[6]

Notes:
^[1]	Residential Facility/Home buildings shall contain more than 20 beds.
^[2]	Alleys contiguous to or within the property being used may be included in the required setback.
^[3]	A Residential Facility or Home shall have maximum coverage equal to that allowed in the MR18 district.
^[4]	When abutting a district other than commercial or industrial, the side and rear setbacks shall be the same as those established for the abutting zone. A separation of parcels by an alley shall not exclude the application of this provision.
^[5]	Minimum Distance between Buildings. Where office buildings are grouped as one project on one tract of land, the minimum distances between any two buildings at any given point shall not be less than the sum of the required side yards computed separately for each building.
^[6]	For parcels within the C3 district that abut residentially zoned properties with a maximum allowed building height of 35 feet, the maximum building height at the property line is 35 feet. Height may be increased above 35 feet by increasing the setback and/or by incorporating step-backs into the design of the building, the ratio for each shall be one foot vertical for each six inches horizontal. A separation of parcels by an alley shall not exclude the application of this provision.

Screening. All nonresidential development abutting a residential zone or use shall be screened by a minimum six feet-high sight-obscuring fence or hedge along the abutting property lines. Fences shall be subject to the standards set forth in Subsection 12.08.040(G) of this Code. Nonresidential development to which this applies includes, but is not limited to:

Religious Institutions

Day Care Centers

(Ord. 3545, § 4, 12-14-2020; Ord. 3538, § 2, 3-23-2020; Ord. 3514, § 2, 11-26-2018)

§ 12.04.050 Central business district (CBD).

Purpose. The CBD (Central Business District) classification is intended to provide for general retail, residential, professional office/service, and mixed use activities serving a regional/community-wide need under design standards that ensure compatibility and harmony with adjoining land uses and that encourage the highest quality design and development. The CBD Zone is intended to promote a strong pedestrian orientation through its mix of permitted uses and specific development standards. See Figure 2-5: CBD Boundaries.

Allowed uses and standards.

Permitted Uses. Uses identified with a "P" in Table 2-9 are permitted as-of-right in the subject zoning district, subject to compliance with any use standards identified in the final column of the table and all other applicable standards of this Code. Uses not specifically listed but similar to other permitted uses may be approved by the Director.

Conditional Uses. Uses identified with a "C" in Table 2-9 may be allowed if reviewed and approved in accordance with the Conditional Use Permit procedures of Section 12.10.080 of this Code. Conditional uses are subject to compliance with any use standards identified in the final column of the table and all other applicable standards of this Code. Uses not specifically listed but similar to other conditional uses may be applied for through the Conditional Use Permitting process.

Prohibited Uses. Uses identified with a "-" are expressly prohibited. Uses not identified are also prohibited.

Use Standards. The "use standards" column of Table 2-9 identifies use-specific standards that apply to some uses. Unless otherwise expressly stated, compliance with such standards is required regardless of whether the use is permitted as-of-right or requires conditional use approval.

Development Standards. Development of land within these Districts must comply with the standards referenced in Table 2-10, as well as other applicable development standards contained within this Code. If standards for specific aspects of development are not provided, such as minimum lot size, other required standards will dictate unspecified standards (i.e., setbacks and coverage).

TABLE 2-9: CBD—ALLOWED USES
USE CATEGORY		CBD	STANDARDS
Specific Use		CBD	STANDARDS
RESIDENTIAL
1)	Dwellings units not part of a commercial development subject to MR29	C	12.04.030(B)
2)	Dwelling units or Single Room Occupancy Housing above commercial structures	P	12.08.040(N)
3)	Severe Event Shelter	P^[3]	12.08.060
PUBLIC/CIVIC
4)	Parking lots and garages	P	12.06.020
5)	Public and semi-public buildings and uses	P	-
COMMERCIAL
6)	Accessory uses customarily incidental to any permitted uses are permitted when located on the same lot, except that no more than three game machines shall be considered as an accessory use in each hotel, eating establishment, or restaurant.^[2]	P	-
7)	Any use over 10,000 square feet of gross floor area	C	-
8)	Athletic/Health clubs (including racquet sports and spas) (indoors only)	C	-
9)	Banks, Savings/Loan Associations and Credit Unions	P	-
10)	Bed and Breakfast Facility	P	12.08.040(K)
11)	Brewery, Micro-^[2]	P	-
12)	Professional Offices	P	-
13)	Businesses existing prior to the adoption of this regulation	P	-
14)	Business services or offices (establishments primarily engaged in rendering services to business establishments such as printing, photocopying, advertising, and mailing; employment services; management and consulting services; protective services; equipment rental and leasing; photo finishing; and personal supply services)	P	-
15)	Day Care Facility (above the ground floor only)	C	-
16)	Drive-In facilities for Financial Institutions	C	-
17)	Education/Tutoring Centers (above the ground floor only)	C	-
18)	Employment Agencies (above the ground floor only)	C	-
19)	Liquor Store for off-premises consumption	C	-
20)	Mini-Retail Business	P	12.08.040(M)
21)	Professional offices	P	12.04.050(D)
22)	Restaurants, Eating Establishments, Coffee Houses, Juice Bars, Delicatessen, Taverns, and similar uses with outdoor seating for more than 12 persons.	C	-
23)	Retail Establishments under 10,000 square feet of gross floor area for the following uses:	P	-
	a) Antique stores selling only merchandise of which at least 50% (by quantity and value) is more than 75 years old.
	b) Appliance Stores
	c) Art Galleries
	d) Bakeries, Ice Cream Stores, or Confectionery Stores
	e) Barber, Beauty, Nail Shops
	f) Bicycle Shops
	g) Book or Stationary Stores
	h) Clothing or Wearing Apparel Shops selling only new merchandise, or Consignment Clothing Stores
	i) Department and Sporting Goods Stores
	j) Pharmacy
	k) Florist Shops
	l) Furniture Sales or Rental Stores
	m) Hardware Sales or Rental Stores, Kitchen and Bath Cabinets/Fixtures, Lighting Fixture Stores, Paint and Wallpaper Stores, Interior Decorating Stores, Floor Covering/Drapery Stores
	n) Jewelry Stores
	o) Locksmith Shops
	p) Music Stores, Instrument Sales, rentals, and lessons
	q) Onsite and offsite sales limited to beer and/or wine exclusively.
	r) Pet Shops
	s) Photography Stores and Studios including Camera Sales
	t) Radio and Television Stores, and incidental repair services
	u) Records, Audio, and Video Tape, and other similar products including sales, rentals, and incidental repair services
	v) Restaurants, Eating Establishments, Delicatessens, and Taverns, but without drive-thru facilities. May include outdoor seating for up to 12 persons;
	w) Shoe Repair, Tailor, Dressmaking Shops
	x) Toy Shops
	y) Typewriter and Computer Products sales, rentals, and incidental services
24)	Telecommunication Facilities	C	12.08.030
25)	Theaters	C	-

Notes:
^[1]	Dwellings in this zone shall be exempt from off-street parking standards of Subsection 12.060.20(A).
^[2]	Limited to 10,000 square feet of gross floor area.
^[3]	Severe event shelters provide short-term relief from severe events, such as extreme weather. 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 the severe event shelters and the surrounding land uses are mitigated through the special regulations set forth in this Section 12.08.060.

TABLE 2-10: CBD PARCEL AND BUILDING STANDARDS
DISTRICTS	CBD
Minimum Lot Area (sq. ft.)	N/A
Coverage	100%
Setbacks (feet)	See Section 12.04.050(C)
Maximum Building Height (feet)	75

Additional development standards.

Setbacks—Front Yard. No front yard setbacks are required. The maximum setback permitted shall be 10 feet, which may be used for landscaping, pedestrian circulation, entry court, outdoor dining and similar uses related to a downtown pedestrian environment.

Rear Yard. No rear yard setbacks shall be required except as follows:

Where the rear property line abuts residential zoned property a minimum rear yard setback of 20 feet shall be maintained, except that no portion of any structure shall encroach through a plane projected from an angle of 45 degrees as measured at the ground level along the rear property line.

ii.

Where the rear property line abuts a dedicated alley which separates such rear property line from abutting residential zoned property, the rear yard shall have a minimum depth of 20 feet which shall be measured from the center line of said alley and the 45 degree angle of the aforementioned plane may be measured at the ground level along the centerline of said alley.

Side Yard. No side yard setbacks shall be required, except as follows:

Where the side property line abuts residential zoned property, no setback shall be required for the ground floor portion of the structure or first 15 feet of structure height, whichever is less. Portions of the structure above the ground floor or 15 feet in height shall be set back a minimum of 10 feet from the side property line.

ii.

Where the side property line abuts a dedicated alley which separates such side property line from abutting residential zoned property, the side yard shall have a minimum depth of 10 feet, which shall be measured from the center line of said alley and the 45 degree angle of the aforementioned plane may be measured at the ground level along the centerline of said alley.

Width. For purposes of regulating the division of existing storefronts, no storefront shall be less than 25 feet wide. For the purpose of this Section, a storefront is the primary (front facade) and secondary (rear/side facade) building entrance where access is taken from a public street, alley, public, or private parking lot, or pedestrian mall/arcade or passage.

Off-Street Parking. Unless otherwise indicated in Section 12.06.030, all development shall meet off-street parking requirements of Section 12.06.010 of this Code.

Landscaping. All setbacks, parkways, open areas, plazas, paseos, and non-work areas that are visible from a public street/alley or from a parking lot available to the general public shall be landscaped.

Roof-Mounted Equipment. No roof-mounted equipment, vents, ducts, or dish antennas shall be visible from ground level from any adjacent parcel, or any public street or right-of-way. This shall be accomplished through the extension of the main structure or roof, or screened in a manner that is architecturally integrated with the main structure, such as a parapet wall.

Business Address Required. Each business or structure (as appropriate) shall provide its address in numbers a minimum of six inches in height. The address shall be placed on the building, awning valance, or canopy in a manner to be clearly visible from the adjacent street, alley, and sidewalk. The preferred locations are above the main pedestrian entrance and at rear or side entrances.

Professional office. Professional office along Jackson Street shall provide ground floor windows for a minimum of 75% of the length of the building. In addition, ground floor design shall utilize recesses, reveals and shall not incorporate the following exterior wall material:

Plywood

Unfinished concrete or concrete block

Reflective mirrored windows

Corrugated metal or fiberglass

FIGURE 2-5: CBD BOUNDARIES

(Ord. 3514, § 3, 11-26-2018; Ord. 3520, § 4, 3-11-2019; Ord. 3527, § 1, 8-12-2019; Ord. 3538, § 4, 3-23-2020; Ord. 3545, § 5, 12-14-2020)

§ 12.04.060 Airport district (AP).

Purpose. The Airport District classification is intended to protect airport facilities and operations from incompatible uses; to provide for future airport expansion; and to preserve airport lands for future commercial and industrial uses, which will be directly dependent on air transportation.

Allowed uses and standards.

Permitted Uses. Uses identified with a "P" in Table 2-11 are permitted as-of-right in the subject zoning district, subject to compliance with any use standards identified in the final column of the table and all other applicable standards of this Code. Additionally, land within and surrounding the Airport District is subject to the Airport Impact Overlay Section 12.04.080 as specified within this Code.

Conditional Uses. Uses identified with a "C" in Table 2-11 may be allowed if reviewed and approved in accordance with the Conditional Use Permit procedures of Section 12.10.080 of this Code. Conditional uses are subject to compliance with any use standards identified in the final column of the table and all other applicable standards of this Code. Uses not specifically listed but where the ongoing operation and use is directly dependent upon and directly associated with airport activities may be approved in accordance with the Conditional Use Permit procedures.

Prohibited Uses. Uses identified with a "-" are expressly prohibited. Uses not identified are also prohibited.

Use Standards. The "use standards" column of Table 2-11 identifies use-specific standards that apply to some uses. Unless otherwise expressly stated, compliance with such standards is required regardless of whether the use is permitted as-of-right or requires conditional use approval.

Development Standards. Development of land within this District must comply with the standards referenced in Table 2-12, as well as other applicable development standards contained within this Code. If standards for specific aspects of development are not provided, such as minimum lot size, other required standards will dictate unspecified standards (i.e., setbacks and coverage). In addition to the standards specified in Table 2-12, the following development standards apply:

Utilities. All utility wires shall be underground

Lighting. Unless required for safe and convenient air travel, sign lighting and exterior lighting shall not blink, flash, shimmer, oscillate, rotate or project directly into the runway, taxiway or approach zone.

Glare and Electro-Magnetic Interference. Building materials shall not produce glare which may conflict with any present or planned operations of the airport, nor shall any use produce electromagnetic interference which may conflict with any present or planned operation of the airport.

TABLE 2-11: AP—ALLOWED USES
USE CATEGORY		AP	STANDARDS
Specific Use		AP	STANDARDS
COMMERCIAL
1)	Aircraft sales, rental, repair, service, storage and schools relating to aircraft operations and facilities essential for the operation of the airport, such as fuel storage, hangar use and air and ground traffic control facilities	P	-
2)	Air cargo terminals	P	-
3)	Air passenger terminals	P	-
4)	Offices (uses that do not conflict with the Airport Master Plan)	C	-
5)	Restaurants and taverns, but without drive-thru facilities	P	-
6)	Telecommunication Facilities	C	12.08.030
PUBLIC/CIVIC
7)	Public and semi-public buildings and uses essential for the operation of the airport	P	-

TABLE 2-12: AP PARCEL AND BUILDING STANDARDS
DISTRICT		AP
Minimum Lot Area (sq. ft.)		N/A
Coverage		N/A
Setbacks (feet)^[1]
	Front	5
	Rear	5
	Side (interior)	5
	Side (exterior)	5
Max Building Height (feet)^[2]		35

Notes:
^[1]	Front, side and rear yards will not be required, but if side or rear yards are created they shall be a minimum of five feet. When abutting other than a commercial or industrial zone, setbacks on the abutting side and rear yard shall be the same as those established for the abutting zone; provided, however, alleys contiguous to or within the property being used may be included in the required setback.
^[2]	Maximum height for all structures, including chimneys, towers, antennas, utility poles, trees, etc., shall be 35 feet, except control towers and aircraft navigation devices.

Notes:

^[1]

Front, side and rear yards will not be required, but if side or rear yards are created they shall be a minimum of five feet. When abutting other than a commercial or industrial zone, setbacks on the abutting side and rear yard shall be the same as those established for the abutting zone; provided, however, alleys contiguous to or within the property being used may be included in the required setback.

^[2]

Maximum height for all structures, including chimneys, towers, antennas, utility poles, trees, etc., shall be 35 feet, except control towers and aircraft navigation devices.

§ 12.04.070 Industrial districts.

Purpose. Roseburg's Mixed Use and Industrial Districts are intended to provide for the full range of industrial activity as specified within this Code and the Comprehensive Plan.

The Mixed Use classification is intended to provide areas within which a variety of activity occurs. These areas serve community-wide and regional needs. Because of the potential for high-density uses, care is needed to ensure that uses are compatible with and do not adversely affect adjacent uses or the carrying capacity of public facilities. The proximity of other uses shall not be a reason for permitted uses to deviate from the standards established in other zones.

The Light Industrial classification is intended to create, preserve and enhance areas containing secondary manufacturing and related establishments and intense commercial uses with limited external impact.

The Medium Industrial classification is intended to create, preserve, and enhance areas containing a wide range of manufacturing and related establishments, and is typically appropriate to areas providing a wide variety of sites with good rail or highway access.

The Heavy Industrial classification is intended to provide, protect, and recognize areas well suited for medium and heavy industrial development and uses free from conflict with commercial, residential, and other incompatible land uses. This district is intended to be applied generally to those areas which have available excellent highway, rail, or other transportation.

List and Map Symbols
DISTRICT NAME	MAP SYMBOL
Mixed Use	MU
Light Industrial	M1
Medium Industrial	M2
Heavy Industrial	M3

Allowed uses and standards.

Permitted Uses. Uses identified with a "P" in Table 2-13 are permitted as-of-right in the subject zoning district, subject to compliance with any use standards identified in the final column of the table and all other applicable standards of this Code. Uses not specifically listed but similar to other permitted uses may be approved by the Director.

Conditional Uses. Uses identified with a "C" in Table 2-13 may be allowed if reviewed and approved in accordance with the Conditional Use Permit procedures of Section 12.10.080 of this Code. Conditional Uses are subject to compliance with any use standards identified in the final column of the table and all other applicable standards of this Code. Uses not specifically listed, but similar to other conditional uses, may be applied for through the Conditional Use Permitting process.

Prohibited Uses. Uses identified with a "-" are expressly prohibited. Uses not identified are also prohibited.

Use Standards. The "use standards" column of Table 2-13 identifies use-specific standards that apply to some uses. Unless otherwise expressly stated, compliance with such standards is required regardless of whether the use is permitted as-of-right or requires conditional use approval.

Development Standards. Development of land within these Districts must comply with the standards referenced in Table 2-14, as well as other applicable development standards contained within this Code. If standards for specific aspects of development are not provided, such as minimum lot size, other required standards will dictate unspecified standards (i.e., setbacks and coverage).

TABLE 2-13: INDUSTRIAL—ALLOWED USES
USE CATEGORY		MU	M1	M2	M3	STANDARDS
Specific Use		MU	M1	M2	M3	STANDARDS
RESIDENTIAL
1)	Multifamily Dwellings subject to MR18	C^[1]	-	-	-	12.04.030(B)
2)	Dwelling units above commercial structures (one dwelling unit per 800 sq. ft. of lot area)	P	C	-	-	-
3)	Dwellings on the ground floor in conjunction with commercial structures. The area for dwellings on the ground floor shall be limited to 20% of the ground floor area of the building	P	P	-	-	-
4)	Mobile Home Parks	P	-	-	-	12.10.120
5)	Watchman's Quarters	C	C	C	C	12.04.070(D)
6)	Severe Event Shelter	P^[5]	P^[5]	P^[5]	P^[5]	12.08.060
PUBLIC/CIVIC
7)	Ambulance, police, fire and rescue services	P	P	P	-	-
8)	Parking lots (auto and equipment) not incidental or accessory to another use on the premises	P	-	-	-	12.06.020
9)	Public and semi-public buildings and uses	P	-	-	-	-
10)	Schools	-	C	-	-	-
COMMERCIAL
11)	Agricultural supplies/machinery sales rooms	P	-	-	-	-
12)	Ambulance service	P	P	P	P	-
13)	Athletic/Health clubs (including racquet sports and spas) (indoors only)	P	-	-	-	-
14)	Automobile/truck/motorcycle sales, dealers, garages, service stations, washes, detailers and body shops	P	P	P	-	-
15)	Automobile wrecking yard and salvage yard, subject to the provisions of ORS 822.100 to 822.150	-	-	-	C	-
16)	Auto parts/tools supply stores	P	-	-	-	-
17)	Bottling works	-	-	P	P	-
18)	Brewery, Macro-	C	P	P	P	-
19)	Brewery, Micro-	P	P	P	C	-
20)	Builders supplies (including retail sale of lumber)	P	-	-	-	-
21)	Builders supply store and machinery sales	P	P	P	-	-
22)	Bulk fuel storage facility	-	-	-	P	-
23)	Commercial laundry, cleaning (including dry cleaning) and dying works	P	P	P	-	-
24)	Commercial storage units	P	-	-	-	-
25)	Concrete batching plants and the manufacture and sale of concrete products	-	-	P	P	-
26)	Contractor's equipment storage yard	-	-	P	P	-
27)	Data Center	P	P	C	C	-
28)	Department store	P	-	-	-	-
29)	Disposal or reduction of waste materials, garbage, offal, or dead animals (not to be visible from an arterial roadway)	-	-	-	C	-
30)	Electrical and electronic equipment (e.g., manufacturing supplies for generation, storage, transmission, transformation and utilization of electrical energy)	P	P	P	-	-
31)	Fabricating metal products (e.g., ferrous and nonferrous metal including metal cans, tin ware, hand tools, cutlery, general hardware, non-electric heating apparatuses, metal forgings, stamping, etc.)	-	-	-	P	-
32)	Food and related products (e.g., establishments, manufacturing, compounding, packaging, processing, or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, soap, cleaners, toiletries, soft drinks, and food, except fish, meat products, sauerkraut, vinegar, yeast, and the rendering or refining of fats and oils)	P	P	P	-	-
33)	Freight and truck yards or terminals	-	-	P	P	-
34)	General retail sales of previously prepared products	P	-	-	-	-
35)	Industrial and Commercial business park	P	-	-	-	-
36)	Kennels	-	C	C	C	-
37)	Laboratories	P	P	P	-	-
38)	Lumber yards or retail sales with minimal millwork	-	-	P	P	-
39)	Lumber and wood products involving cutting, production or manufacturing	-	-	-	P	-
40)	Manufacture and storage of chemicals and explosives	-	-	-	C	-
41)	Manufacturing, compounding, or assembling of merchandise from the following prepared materials: bone, cellophane, canvas, cloth, cork, feather, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, metals, precious or semi-precious stones, shell, textiles, tobacco, wood, yarns, and paint; none of the foregoing employing a foundry process	-	-	P	-	-
42)	Manufacturing of household and/or office furniture	-	-	P	P	-
43)	Manufacturing of instruments and related products (e.g., medical instruments/supplies, photographic equipment/supplies, watches/clocks, measuring and controlling devices, engineering and scientific instruments, toys, jewelry, silverware, blown glass, pottery, musical instruments, etc.)	P	P	P	-	-
44)	Manufacturing of manufactured or prefabricated homes or wood buildings	-	C	P	P	-
45)	Manufacturing, repairing, fabricating, processing, parking or storage use not listed in any other Chapter of this Code or under conditional uses	-	-	-	P	-
46)	Manufacturing or storage of ice	P	P	P	-	-
47)	Manufacturing of miscellaneous wood products	-	C	P	P	-
48)	Manufacturing of paper and allied products (e.g., paper, paper board, bags, boxes, and envelopes)	-	-	P	P	-
49)	Meat processing plant (not including slaughtering), fish, sauerkraut, vinegar, yeast, or refining of oils and fats	-	-	P	P	-
50)	Marijuana, Medical Dispensary	P^[2]	-	-	-	-
51)	Marijuana Processor - Medical	C	C	C	-	Indoor use only
52)	Marijuana Processor - Recreational	C	C	C	-	Indoor use only
53)	Marijuana Producer	C	C	C	-	Indoor use only
54)	Marijuana Retailer	P^[2]	-	-	-
55)	Marijuana Wholesaler	C	C	C	-	Indoor use only
56)	Metal industries (e.g., smelting and processing of ferrous and nonferrous metals from ore, pig or scrap)	-	-	-	P	-
57)	Mini-Retail Business	P	P	P	P	12.08.040(M)
58)	Mobile home, recreational vehicle, boat, and aircraft sales and/or garages	P	P	P	-	-
59)	Motel/Hotel	P	-	-	-	-
60)	Motion picture production/distribution/services	P	P	P	-	-
61)	Open storage area for commercial storage of personal property such as boats and recreational vehicles	P	P	P	-	-
62)	Operations conducted for the exploration, mining, and processing of aggregate and mineral resources or other subsurface resources	-	C	C	C	-
63)	Operations conducted partially or wholly outside of enclosed buildings (including storage)	-	-	-	P	-
64)	Places of amusement (e.g., billiard parlors, bowling alleys, drive-in theaters, dance halls, video arcades, miniature golf, etc.)	P	-	-	-	-
65)	Plumbing/heating/electrical/sheet metal shop	P	-	-	-	-
66)	Printing, publishing or engraving shop	P	P	P	-	-
67)	Production and/or distribution of chemicals and allied products, basic chemicals (e.g., acids, alkalis, salts, and organic chemical products to be used in further manufacturing of products such as synthetic fibers, plastics, dry colors, and pigments, paints)	-	-	P	P	-
68)	Production/fabrication of apparel and other textile products (e.g., fabrics, leather (no tanning or finishing), rubberized fabrics, plastics, furs, etc.)	P	P	P	-	-
69)	Professional offices	P^[3]	-	-	-	-
70)	Recycling Center (less than 5,000 sq. ft. of lot area)	P	-	-	-	-
71)	Restaurants, Eating Establishments and Taverns	P	C	C	C	-
72)	Slaughter house and tanneries	-	-	-	C	-
73)	Special trade contractors (e.g., plumbers, painters, electricians, masons, carpenters, metal workers, drillers, etc.)	P	P	P	-	-
74)	Stadium/coliseum	C	-	-	-	-
75)	Telecommunications Facilities	C	C	C	C	12.08.030
76)	Textile mill products (e.g., weaving/knitting of fabric)	P	P	P	-	-
77)	Truck and heavy equipment repair and maintenance	-	-	P	P	-
78)	Trucking and warehousing	P	P	P	-	-
79)	Upholstery shop and furniture repair	P	P	P	-	-
80)	Uses similar to those permitted in the subject district and not specifically listed in the succeeding (more intense) manufacturing districts provided that:	C^[4]	C	C	-	-
	a. The use is not objectionable due to odor, dust, smoke, noise, vibration or appearance
	b. The items manufactured, processed, or produced in this zone shall be primarily for wholesale
81)	Warehouses including buildings for commercial storage of personal property	P	P	P	P	-
82)	Welding and machine shop	-	-	P	P	-
83)	Wholesale business and salesrooms	P	P	P	P	-

Notes:
^[1]	Minimum lot size of 10,000 square feet.
^[2]	Location shall not be within 1,000 feet of a school or pre-school; 500 feet from any property zoned Public Reserve or 200 feet from any property zoned Residential except when an arterial street lies between a dispensary and Residential or Public Reserve zoned property. A marijuana retailer (non-medical) shall not be within 1,000 feet of another marijuana retailer; a medical marijuana dispensary shall not be within 1,000 feet of another medical marijuana dispensary. In addition, any and all Medical Marijuana Dispensaries must be registered with the Oregon Health Authority under ORS 475B.858 and comply with all OHA rules. In addition, any and all Marijuana Retailers must be licensed by OLCC and comply with all OLCC rules.
^[3]	A Professional Office may be located within a multiple-use structure but it shall not exceed 33% of the total floor area of the structure.
^[4]	Uses permitted in the M1 and M2 districts may be considered providing the development standards referenced in Table 2-14 and any other applicable standards are met.
^[5]	Severe event shelters provide short-term relief from severe events, such as extreme weather. 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 the severe event shelters and the surrounding land uses are mitigated through the special regulations set forth in this Section 12.08.060.

TABLE 2-14 INDUSTRIAL PARCEL AND BUILDING STANDARDS
DISTRICTS	MU	M1	M2	M3
Minimum Lot Area (sq. ft.)
Industrial and Commercial business parks	2 acres	N/A	N/A	N/A
Multi-family Housing	10,000	N/A	N/A	N/A
Coverage	100%	100%	100%	100%
Industrial and Commercial business parks, and multi-family housing	80%	N/A	N/A	N/A
Setbacks (feet)^[1]
Front	-	-	-	-
Rear	-	-	-	-
Side (interior)	-	-	-	-
Side (exterior)	-	-	-	-
Maximum Building Height (feet)^[2]	80	45	50	50

Notes:
^[1]	Alleys contiguous to or within the property being used may be included in the required setback. When abutting a district other than commercial or industrial, the side and rear setbacks shall be the same as those established for the abutting zone. A separation of parcels by an alley shall not exclude the application of this provision.
^[2]	For industrial parcels that abut residentially zoned properties with a maximum allowed building height of 35 feet, the maximum building height at the property line is 35 feet. Height may be increased above 35 feet by increasing the setback and/or by incorporating step-backs into the design of the building, the ratio for each shall be one foot vertical for each six inches horizontal. A separation of parcels by an alley shall not exclude the application of this provision.

Notes:

^[1]

Alleys contiguous to or within the property being used may be included in the required setback. When abutting a district other than commercial or industrial, the side and rear setbacks shall be the same as those established for the abutting zone. A separation of parcels by an alley shall not exclude the application of this provision.

^[2]

For industrial parcels that abut residentially zoned properties with a maximum allowed building height of 35 feet, the maximum building height at the property line is 35 feet. Height may be increased above 35 feet by increasing the setback and/or by incorporating step-backs into the design of the building, the ratio for each shall be one foot vertical for each six inches horizontal. A separation of parcels by an alley shall not exclude the application of this provision.

Screening. All nonresidential development abutting a residential zone or use shall be screened by a minimum six feet high sight-obscuring fence or hedge along the abutting property lines. Fences shall be subject to the standards set forth in Subsection 12.08.040(G). Nonresidential development to which this applies includes, but is not limited to:

Buildings with both commercial uses and dwelling units

Religious Institutions

Watchman's Quarters. A "watchman's quarters" is an accessory single-family dwelling unit located within a principal commercial or industrial non-residential structure, or on the same parcel of land as the principal commercial or industrial non-residential structure, for occupancy by the owner, operator, or an employee of the principal use acting as caretaker, custodian or security personnel, together with his or her immediate family, if applicable. Such use shall be subject to the following:

The quarters shall be accessory to the main use;

The quarters may be included within the main structure(s);

There shall be no payment of rent by the occupant of the quarters;

The quarters are limited to one family;

The quarters may be reviewed every two years for compliance with this Code by the Director, and, if no longer necessary or not in compliance, the quarters will be removed or corrected. The quarters may be required to be removed at any time if not in compliance with any conditions of the approval; and,

Additional conditions of approval may be required by the Director to ensure compatibility with adjacent uses.

(Ord. 3545, § 6, 12-14-2020; Ord. 3538, § 3, 3-23-2020; Ord. 3514, § 4, 11-26-2018)

§ 12.04.080 Airport impact overlay.

Purpose. The purpose of the Airport Impact Overlay District is to protect the public health, safety, and welfare by assuring the development within areas impacted by airport operations is appropriately planned to mitigate the impact of such operations. Furthermore, this overlay district is intended to prevent the establishment of air space obstructions in air approaches through height restrictions and other land use controls, as deemed essential to protect the public health, safety, and welfare consistent with Federal Aviation Regulations (FAR) Part 77. The Airport Approach and Runway Protection Zones are shown on Sheets 2 thru 5 in Chapter 5 of the Airport Layout Plan.

Definitions. For the purpose of this Section only, the following definitions are established:

"Airport approach surface"

means a surface longitudinally centered on the extended runway centerline, extending horizontally and vertically from the end of the Primary Surface at a 20:1 slope for a horizontal distance of 5,000 feet along the extended runway centerline. The beginning width of the Approach Surface coincides with the 500 foot width of the primary surface expanding to a width of the primary surface expanding to a width of 1,500 feet at a distance of 5,000 feet.

"Airport approach zone"

means the area underneath the Airport Approach Surface.

"Runway protection zone"

means the Runway Protection Zone coincides with the Airport Approach Zone for a horizontal distance of 1,000 feet from the end of the primary surface (or 1,200 feet from the end of the runway).

"Airport transitional surface"

means a surface extending upward at a 7:1 slope from the sides of the Primary and Approach Surfaces and intersecting with the Airport Horizontal Surface as specified herein and shown in Figure 2-4 of the Airport Master Plan.

"Airport transitional zone"

means the area underneath the Airport Transitional Surface.

"Airport horizontal surface"

means the Airport Horizontal Surface is established by constructing horizontally-oriented arcs of 5,000 feet radii from the center of each end of the Primary Surface and connecting the arcs with tangent lines drawn parallel to the runway centerline at an elevation of 675 feet above mean sea level. The Airport Horizontal Surface does not include the Approach and Transitional Surfaces.

"Airport horizontal zone"

means the area underneath the Airport Horizontal Surface, not including the Airport Approach and Transitional Zones.

"Airport conical surface"

means the Airport Conical Surface extends horizontally and vertically from the Airport Horizontal Surface at a slope of 20:1 for a horizontal distance of 4,000 feet, terminating at an elevation of 875 mean sea level.

"Airport conical zone"

means the area underneath the Airport Conical Surface.

"Airport primary surface"

means a surface longitudinally centered on the runway extending 200 feet beyond each end of the runway. The width of the Primary Surface is 500 feet. The elevation of any point on the Primary Surface is the same as the elevation of the nearest point on the runway centerline.

"Height."

For the purpose of determining the height limits in all Zones set forth in this Section the datum shall be mean sea level elevation unless otherwise specified.

"Nonconforming use"

means any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this Section or an amendment thereto.

"Obstruction"

means any structure, growth, or other object, including a mobile object which penetrates any surface specified in this Section.

"Place of public assembly"

means a structure which is designed to accommodate more than 25 persons at one time for such purposes as deliberation, education, worship, shopping, entertainment, or amusement.

"Slope"

means an angle determined by a ratio of a horizontal and vertical measurements written as X:Y respectively.

"Structure"

means an object, including a mobile object, constructed or installed by persons, including but not limited to buildings, towers, cranes, smokestacks, poles, earth formations, and overhead transmission lines.

Allowed Uses and Standards.

Permitted Uses.

Uses and activities permitted by the underlying zoning district shall be allowed unless specifically prohibited or contradicted by this Section.

Within the Runway Protection Zone, the following uses and activities are permitted:

Farm use, excluding any permanent structures or objects.

ii.

Roadways, parking areas, and open storage areas which do not include any permanent structures or objects, and which are located in such a manner that vehicle lights will not make it difficult for pilots to distinguish between landing lights and vehicle lights or result in glare, or in any other way impair visibility in the vicinity of the land approach.

iii.

Underground utilities.

iv.

Exceptions for structures and uses other than above may be permitted subject to review and approval by the Federal Aviation Administration.

Use and Height Limits.

Within the Airport Impact Overlay, no use shall be allowed if such use is likely to attract a quantity of birds hazardous to aircraft operations.

Within the Runway Protection Zone, and within the Airport Approach Zone for a distance of 2,500 feet extending from the end of the runway, sign lighting and exterior lighting shall not blink, flash, shimmer, oscillate, rotate, nor shall the beam of light project into the Approach Surface in such a manner as to result in confusion or distraction to pilots.

Within the Runway Protection Zone, no place of public assembly, as defined in this Section, shall be permitted. Any existing place of public assembly shall be allowed to continue, including building modifications, but shall not increase its occupant load.

When the use of a building as a public assembly has been discontinued for a period in excess of one year, the structure or property shall not thereafter be used as a public assembly.

Any place of public assembly which is damaged or destroyed may be restored to a public assembly, provided the restoration is commenced within a period of one year, and is diligently prosecuted to completion. The restoration or reconstruction shall not increase the floor area or occupant load to a level greater than that which existed at the time of damage or destruction.

Within the Airport Approach Zone for a distance of 3,500 feet extending from the end of the runway, no Multi-Family dwelling shall be permitted.

Notwithstanding any other provisions of this Code, no use may be made of land or water within any Zone established by this Section in such a manner as to create electrical interference with navigational signals of radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

Except as otherwise provided in this Section, no structure shall be erected, altered, or maintained, and no natural or manmade object or structure shall be allowed to grow in any Zone created by this Section so that it penetrates any Airport Surface, as defined in Subsection 12.04.080(B). No specific height limit applies because the ground level is irregular and therefore the distance between the ground and the Primary, Approach, Transitional, Horizontal and Conical Imaginary Surfaces varies.

Marking and Lighting. Notwithstanding the preceding provision of this Section, the owner of any existing obstruction or nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Airport Owner to indicate to the operators of aircraft in the vicinity of the airport and presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the Airport Owner.

Permits. Except as specifically provided in "a" and "b" hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any Zone hereby created until site development plans have been approved by the Director as specified in Chapter 12.06. Site development plan approval for a use inconsistent with the provisions of this Section shall not be granted unless a variance has been approved in accordance with the below Paragraph 12.04.080(C)(5).

In the area lying within the limits of the Horizontal Zone and Conical Zone, no site development plan review shall be required for any tree with a maximum potential height of less than 75 feet of vertical height above the ground, which conforms to the restrictions of Subsection 12.04.080(C).

In areas lying within the limits of the Airport Approach Zones, but at a horizontal distance of 4,200 or more feet from each end of the runway, no site development review shall be required for any tree with a maximum potential height of 75 feet of vertical height above the ground, which conforms to the restrictions of Subsection 12.04.080(C).

Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this Section, may apply for a Variance from such regulations using the procedure of Subsection 12.10.010(T).

The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effects of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. In addition to the criteria for granting a variance as specified in Section 12.10.050, such variance must be found not to create a hazard to air navigation, and to be in accordance with the intent of this Section.

As further conditions for granting a variance the approving authority may require an overflight and aviation hold harmless agreement, and may further require an agreement from the applicant agreeing to remove the structure, tree, or use for which the variance is granted at the applicant's expense if the City so requires as some future time. The approving authority may require that such agreement(s) be recorded against the property.

§ 12.04.090 Floodplain overlay.

Statutory Authorization. The Legislature of the State of Oregon has in Article IV, Section 2, and Article XI, Section 2, of the Constitution of the State of Oregon, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. The City Council has adopted this Section in accordance with such authority.

Impact on Public Health and Safety.

Flood hazard areas within City of Roseburg are subject to periodic inundation which results in loss of life and property; health and safety hazards; disruption of commerce and governmental services; extraordinary public expenditures for flood protection; and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood-proofed, elevated, or otherwise protected from flood damages also contribute to the flood loss.

This Section seeks to avoid, to the extent possible, the long- and short-term adverse impacts associated with the occupancy and modification of floodplains and to avoid the direct or indirect support of floodplain development whenever there is a practicable alternative. The preferred method for satisfying this requirement is to avoid sites in the base floodplain. If a structure must be located in the base floodplain, this Section requires that potential harm to people and property and to natural and beneficial floodplain values is minimized.

Purpose. It is the purpose of this Section to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

Protect human life and health;

Minimize expenditure of public money and costly flood control projects;

Minimize the need for rescue and relief efforts associated with flooding generally undertaken at the expense of the general public;

Minimize prolonged business interruptions;

Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, streets, and bridges located in areas of special flood hazard;

Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

Ensure that potential buyers are notified that property is in an area of special flood hazard; and

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

Methods of Reducing Flood Losses. In order to accomplish its purposes, this Section includes methods and provisions for:

Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities;

Requiring that uses vulnerable to floods, including facilities which serve uses, be protected against flood damage at the time of initial construction;

Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

Controlling filling, grading, dredging and other development which may increase flood damage; and

Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas;

Coordinating and supplementing the provisions of the state building code with local land use and development ordinances.

Definitions. Unless specifically defined below, words or phrases used in this Section shall be interpreted so as to give them the meaning they have in common usage and to give this Section the most reasonable application. For purposes of this Section, the following are defined as follows:

"0.2-percent-annual-chance flood"

means a flood which has a 0.2-percent chance of being equaled or exceeded in any given year (also known as the "500-year" flood).

"0.2-percent-annual-chance flood elevation"

means a computed elevation to which floodwater is anticipated to rise during the 0.2-percent-annual-chance flood (also known as the "500-year" flood elevation).

"0.2-percent-annual-chance floodplain"

means an area subject to flooding by the 0.2-percent-annual-chance flood (also known as the "500-year" floodplain).

"1-percent-annual-chance flood"

means a flood having a one chance in 100 of being equaled or exceeded in any one-year period (also known as the "100-year" flood or "base flood").

"1-percent-annual-chance flood elevation"

means a computed elevation to which floodwater is anticipated to rise during the 1-percent-annual-chance flood (also known as the "100-year flood" elevation or the "base" flood elevation).

"1-percent-annual-chance floodplain"

means an area subject to flooding by the 1-percent-annual- chance flood (also known as the "100-year" floodplain or "base" floodplain).

"500-year elevation approach"

means an area subject to a 0.2-percent-annual-chance flood.

"Appeal"

means a request for a review of the Community Development Director's interpretation of any provision of this Code or a request for a variance.

"Area of shallow flooding"

means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding.

"Area of special flood hazard"

means land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.

"Base flood"

means a flood having a one percent chance of being equaled or exceeded in any given year.

"Base flood elevation"

means a computed elevation to which floodwater is anticipated to rise during the base flood.

"Basement"

means any area of the building having its floor subgrade (below-ground level) on all sides.

"Below-grade crawlspace"

means an enclosed area below the base flood elevation in which the interior grade is not more than two feet below the lowest adjacent grade and the height, measured from the interior grade of the crawlspace to the top of the crawlspace foundation, does not exceed four feet at any point.

BFE.

See "Base flood elevation."

"Compensatory storage"

means the volume of the loss of floodwater storage due to filling in the special flood hazard area shall be offset by providing a volume of flood storage by excavation or other compensatory measures at or adjacent to the development site.

"Critical facility"

means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste.

"Development"

means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.

"Elevated building"

means for insurance purposes, a non-basement building which has had its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns.

"Existing manufactured home park or subdivision"

means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

"Flood insurance rate map (FIRM)"

means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

"Flood insurance study"

means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary Floodway Map, and the water surface elevation of the base flood.

"Flood" or "flooding"

means a general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waters and/or unusual and rapid accumulation of surface runoff waters from any source.

"Floodway"

means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

"Hydraulically equivalent site"

means a compensation area designed to drain freely and openly to a channel and located opposite or adjacent to a fill area. A site shall be designed by a registered civil engineer using a nationally accepted hydrologic model.

"Lowest floor"

means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking vehicles, building access or storage, in an area other than a basement area, is considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of Subsection 12.04.090D) of this Code.

"Manufactured home"

means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles.

"Manufactured home park or subdivision"

means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

"NAVD 88"

means North American Vertical Datum of 1988.

"New construction"

means structures for which the "start of construction" commenced on or after the effective date of this Section.

"New manufactured home subdivision"

means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either the final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations.

"Recreational vehicle"

means a vehicle which is:

Built on a single chassis;

400 square feet or less when measured at the largest horizontal projection;

Designed to be self-propelled or permanently towable by a light duty truck; and

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.

"Regulatory flood."

See "1-percent-annual-chance floodplain."

"Special flood hazard area."

See "1-percent-annual-chance floodplain," also abbreviated as "SFHA."

"Start of construction"

means the first placement of permanent construction including substantial improvement of a structure (other than a mobile home) on a site such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for basement, footings, piers, or foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed.

"State Building Code"

means the combined specialty codes.

"Structure"

means a walled and roofed building including a gas or liquid storage that is principally above ground.

"Substantial damage"

means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 30 percent of the market value of the structure before the damage occurred.

"Substantial improvement"

means any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure taking place during a 15-year period, the cost of which equals or exceeds 30 percent of the market value of the structure before the work is started. Before the damage occurred, this term includes structures that have incurred substantial damage, regardless of the actual repair work performed. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or

Any alteration of a structure listed on the National Register of Historic Places or the City Inventory of Historic Places.

"Technical evaluation"

means the application of special knowledge of the mathematical, physical, and engineering sciences regarding investigation, evaluation, planning, and design for the purpose of assuring compliance with applicable standards (i.e., photo interpretation, surveys, land forms, data sources, hydrological analysis, etc.).

"Variance"

means a grant of relief from the requirements of this Section which permits construction in a manner that would otherwise be prohibited by this Section.

Lands to Which this Code Applies. This Code shall apply to all areas of special flood hazards within the jurisdiction of the City of Roseburg.

Basis for Establishing Areas of Special Flood Hazard. Areas of flood hazard for the Roseburg urban area are areas designated as special flood hazard areas (A zones) or areas within a floodway.

Special flood hazard areas and floodways are identified by the Federal Insurance Administration in scientific and engineering reports entitled "The Flood Insurance Study for Douglas County, Oregon and Incorporated Areas," effective date February 17, 2010, with accompanying Digital Flood Insurance Rate Maps (DFIRM) and Flood Hazard Boundary Maps and future revisions as adopted.

All of the above referenced publications, maps and orthophotos are hereby adopted by reference and declared to be part of this Code as are future revisions as adopted. These publications, maps, and orthophotos shall be kept on file with the Community Development Department.

These publications shall be used as the basis for determining which flood district applies to property. The best available information for flood hazard identification as outlined in Subsection N shall be the basis for regulation until a new FIRM is issued which incorporates the data utilized under Subsection N of this Section. Where these publications fail to provide data sufficient to determine the applicable flood district, the applicable flood district and base flood elevation shall be determined on the basis of the best available information.

Areas of flood hazard shall also include any land area susceptible to inundation water from any source where the above referenced maps have not identified any special flood areas.

Penalties for Noncompliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Code and other applicable regulations. Violation of the provisions of this Code by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this Code or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $5,000 or imprisoned for not more than 30 days, or both, for each violation and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the City of Roseburg from taking such other lawful action as is necessary to prevent or remedy any violation.

Abrogation and Greater Restrictions. This Code is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Section and another ordinance, state building code, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restriction shall prevail.

Interpretation. In the interpretation and application of this Code, all provisions shall be:

Considered as minimum requirements;

Liberally constructed in favor of the City Council; and,

Deemed neither to limit nor repeal any other powers granted under State statutes and rules including the State building codes.

Warning and Disclaimer of Liability. The degree of flood protection required by this Code is considered reasonable for regulatory purposes and is based on technical evaluations as defined in Subsection E of this Section. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Code does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Code shall not create liability on the part of the City, any Department or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this Code or any administrative decision lawfully made thereunder. Building in areas where flooding can occur is at the owner's sole risk.

Site Plan Review. A site plan review shall be obtained before construction or development begins within any area of special flood hazard established in Subsection FF of this Section. The Community Development Director is appointed to administer and implement this Code by granting or denying site plan review applications in accordance with its provisions. The review shall be for all structures including mobile homes, as set forth in Subsection E, Definitions, and for other development including fill and other activities, also as set forth in the Subsection E, Definitions. Application for a site plan review shall be made on forms furnished by the Community Development Director and may include but be limited to; plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:

Elevation in relation to mean sea level NAVD 88, of the bottom of the lowest floor (including basement) of all structures;

Elevation in relation to mean sea level NAVD 88 to which any structure has been flood-proofed;

Certification by a registered professional engineer or architect that the flood-proofing methods for any nonresidential structure meet the flood-proofing criteria specified in Subsection BB of this Section; and

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

Where elevation data is not available through the Flood Insurance Study or from another authoritative source (Subsection N of this Section), applications for site plan review shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates.

Duties and Responsibilities of the Director. Duties of the Community Development Director shall include, but not be limited to:

Review all development applications to determine that the requirements and conditions of this Code have been satisfied.

Review all development permits to determine that all necessary permits have been obtained from those Federal, State, or local governmental agencies from which prior approval is required.

Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Subsection EE of this Section are met.

Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Subsection 12.04.090(G) of this Code: Basis for Establishing the Areas of Special Flood Hazard, the Community Development Director shall obtain, review, and reasonably utilize any base flood elevation data available from a Federal, State, or other source, in order to administer Subsection Z of this Section: Residential Construction, and Subsection AA of this Section: Non-Residential Construction.

Information to Be Obtained and Maintained.

Where base flood elevations data is provided through the Flood Insurance Study or required as Subsection 12.04.090(N) of this Code obtain and record the actual elevation (in relation to NAVD 88) of the bottom of the lowest floor (including basements and below-grade crawlspace) of all new or substantially improved structures, and whether or not the structure contains a basement.

For all new or substantially improved flood-proofed structures:

Verify and record the actual elevation (in relation to NAVD 88), and,

Maintain the flood-proofing certifications required in Subsection 0(L)(3) of this Section.

Maintain for public inspection all records pertaining to the provisions of this Code.

Alteration of Watercourses.

Notify adjacent communities and the State coordinating agency prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.

Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity of the watercourse is not diminished.

Interpretation of Firm Boundaries. Make interpretation where needed as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Subsection R of this Section.

Variance Procedure.

The Planning Commission shall hear and decide variances from the requirements of this Section as provided for in Subsection 12.10.010(T) of this Code.

The Planning Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Community Development Director in the enforcement or administration of this Section as provided for in Subsection 12.10.010(Q) of this Code.

Those aggrieved by the decision of the Planning Commission, or any taxpayer, may appeal such decision to the City Council, as provided in Subsection 12.10.010(Y) of this Code.

In passing upon such applications, the Planning Commission shall consider all technical valuations, all relevant factors, standards specified in other Sections of this Code, and:

Danger that materials may be swept onto other lands to the injury of others;

Danger to life and property due to flooding or erosion damage;

Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

Importance of the services provided by the proposed facility to the community;

Necessity to the facility of a waterfront location, where applicable;

Availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage;

Compatibility of the proposed use with existing anticipated development;

Relationship of the proposed use to the Comprehensive Plan and Floodplain Management Program for that area;

Safety of access to the property in times of flood for ordinary and emergency vehicles;

Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and,

Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and street and bridges,

Effects of flood damage on individual property owners.

Generally, the only condition under which a variance may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing Subsection (R)(4) of this Section have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

The Planning Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Code.

The Community Development Director shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

Conditions for Variances.

Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this Section.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

Variances shall only be issued upon:

Showing of good and sufficient cause;

Determination that the granting of a variance will not result in increased flood heights or additional threats to public safety, extraordinary public expense, create nuisances, cause fraud, or victimization of the public as identified in Subsections L through R of this Section, or conflict with existing local laws or ordinances.

Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece or property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. As such, variances from the flood elevations should be quite rare.

Variances may be issued for nonresidential buildings and structures in very limited circumstances to allow a lesser degree of flood-proofing than watertight or dry-flood-proofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except Subsection (R)(5) and otherwise complies with Subsections (U)(1) and (U)(2)(a)-(b) of this Section.

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

General Standards. In areas of flood hazards, the provisions of Subsections 12.04.090(U) through 12.04.090B) of this Code shall apply.

Anchoring.

New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.

Manufactured homes shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that:

All manufactured homes must likewise be anchored to resist flotation, collapse, and lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to the use of over-the-top or frame ties to ground anchors (Reference FEMA's guidebook FEMA-85 "Manufactured Home Installation in Flood Hazard Areas" for additional techniques).

Additions to the mobile home shall be similarly anchored.

Alternative methods of anchoring may involve a system designed to withstand a wind force of 90 miles per hour or greater. Certification must be provided to the Community Development Director that this standard has been met.

Construction Materials and Methods.

New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

New construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be elevated to a minimum of one foot above base flood elevation or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

Utilities.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,

On site waste disposal systems shall be located to avoid impairment to them to contamination from them during flooding consistent with Oregon Department of Environmental Quality Regulations.

Roseburg Urban Sanitary Authority shall be notified when development requiring an onsite waste disposal system is proposed in an area of flood hazard.

Roseburg Urban Sanitary Authority shall be responsible for carrying out the purposes of enforcing this provision.

Subdivision and Partitioning Proposals.

Subdivision and partitioning proposals shall be consistent with the need to minimize flood damage;

Subdivision and partitioning proposals shall have public utilities and facilities such as sanitary and storm sewer, gas, electrical, and water systems located and constructed and maintained to minimize flood damage;

Subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage, including returning water;

Partitions and subdivisions for nonresidential uses shall have the explanation "Not for residential use" printed on the face of the final survey map or plat. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision and partition proposals and other proposed development which contain at least 50 lots or five acres (whichever is less);

No portion of any street or road surface in any subdivision shall be at an elevation less than one foot below the regional flood height. The road surface is that portion of a street or way available for vehicular traffic or where curbs are laid; the portion between curbs;

100-year flood elevation data shall be provided and shown on final partition and subdivision plats. Applicant must show the boundaries of the 100-year flood and floodway on the final subdivision plat;

A permanent monument shall be established and maintained on land partitioned or subdivided, showing the elevation in feet above mean sea level, NAVD 88. The location of such monument shall be shown on the final partition map or subdivision plat.

Specific Standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in Subsection G: Basis for Establishing Areas of Special Flood Hazard, or Subsection N: Use of Other Base Flood Data, the following provisions for residential and nonresidential construction, Subsections Z and AA of this Section and manufactured home placement, Subsection BB of this Section, are required.

Residential Construction.

New construction and substantial improvement of any residential structure shall have the bottom of the lowest floor, including basement, elevated to a minimum of one foot above base flood elevation.

Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

The bottom of all openings shall be no higher than one foot above grade.

Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

AA.

Non-Residential Construction. New Construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated to a minimum of one foot above base flood elevation; or, together with attendant utility and sanitary facilities, shall:

Be flood-proofed so that below one foot above the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this Section based on their development and/or review of the structural design, specifications and plans. Such certification shall be provided to the official as set forth in Subsection (O)(2) of this Section;

Non-residential structures that are elevated, not flood-proofed, must meet the same standards for space below the lowest floor as described in Subsection (Z)(2);

Applicants flood-proofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the flood-proof level (e.g., a building constructed to the base flood level will be rated as one foot below that level).

BB.

Manufactured Homes. All manufactured homes to be placed or substantially improved within Zone AE shall be elevated on a permanent foundation conforming to Subsection F such that the lowest longitudinal chassis beam of the manufactured home is a minimum of 18 inches above the base flood elevation and be securely anchored with a foundation system in accordance with the provisions of Subsection (U)(2). Electrical and HVAC cross-over ducts shall be elevated to a minimum of one foot above base flood elevation.

CC.

Recreational Vehicles. Recreational vehicles placed on sites are required to either:

Be on the site for fewer than 180 consecutive days,

Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

Meet the requirements of Subsection 2.04.090(BB) above and the elevation and anchoring requirements for manufactured homes.

DD.

Below-Grade Crawlspaces. Below-grade crawlspaces are allowed subject to the following standards as found in FEMA Technical Bulletin 11-01, Crawlspace Construction for Buildings Located in Special Flood Hazard Areas, and depicted in Figure 2-6, Figure 2-7 and Figure 2-8, below.

The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Hydrostatic loads and the effects of buoyancy can usually be addressed by the required openings stated in Subsection (DD)(2) below. Because of hydrodynamic loads crawlspace construction is not allowed in areas with flood velocities greater than five feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer. Other types of foundations are recommended for these areas.

The crawlspace is an enclosed area below the base flood elevation (BFE) and, as such, must have openings that equalize hydrostatic pressures by allowing the automatic entry and exit of floodwaters. The bottom of each flood vent opening can be no more than one foot above the lowest adjacent exterior grade.

Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawlspace used to elevate the building, but also any joists, insulation, or other materials that extend below the BFE. The recommended construction is to elevate the bottom of joists and all insulation one foot above BFE.

Any building utility systems within the crawlspace must be elevated a minimum of one foot above BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions. Ductwork, in particular, must either be placed a minimum of one foot above the BFE or sealed from floodwaters.

The interior grade of a crawlspace below the BFE must not be more than two feet below the lowest adjacent exterior grade.

The height of the below-grade crawlspace, measured from the interior grade of the crawlspace to the top of the crawlspace foundation wall must not exceed four feet at any point. The height limitation is the maximum allowable unsupported wall height according to the engineering analyses and building code requirements for flood hazard areas.

There must be an adequate drainage system that removes floodwaters from the interior area of the crawlspace. The enclosed area should be drained within a reasonable time after a flood event. The type of drainage system will vary because of the site gradient and other drainage characteristics, such as soil types. Possible options include natural drainage through porous, well-drained soils and drainage systems such as perforated pipes, drainage tiles or gravel or crushed stone drainage by gravity or mechanical means.

The velocity of floodwaters at the site should not exceed five feet per second for any crawlspace. For velocities in excess of five feet per second, other foundation types should be used.

There is a charge added to the basic policy premium for a below-grade crawlspace.

FIGURE 2-6: PREFERRED CRAWLSPACE CONSTRUCTION

FIGURE 2-7: BELOW-GRADE CRAWLSPACE CONSTRUCTION

FIGURE 2-8: REQUIREMENTS OF BELOW-GRADE CRAWLSPACE CONSTRUCTION

EE.

Floodways. Located within areas of special flood hazard established in Subsection 12.04.090(G) are areas designed as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional civil engineer is provided demonstrating through hydrologic and hydraulic analyses performed using current nationally accepted hydrologic models meeting the minimum requirement of National Flood Insurance Program that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

If Subsection (EE)(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Subsections T through EE.

Compensatory Storage Required. Each cubic foot of fill placed within special flood hazard area (SFHA) requires developer to remove one and one-half cubic feet of fill from a hydraulically equivalent site.

FF.

Before Regulatory Floodway Designation. In areas where a regulatory floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-A30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. Compensatory Storage Required. Each cubic foot of fill placed within SFHA requires developer to remove 1½ cubic feet of fill from a hydraulically equivalent site.

GG.

Critical Facility. Construction of new critical facilities shall be located outside the limits of the Special Flood Hazard Area (SFHA), Zone AE (100-year floodplain) and Zone X (500-year floodplain). Construction of new critical facilities shall be permissible within these zones only through the variance process. Access to and from the critical facility shall be protected to the height of the base flood. Flood-proofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the base flood elevation shall be provided to all critical facilities to the extent possible.

(Ord. 3514, § 5, 11-26-2018)

§ 12.04.100 Hillside Development Overlay.

Purpose and intent. The intent of this Section is to provide regulations for development in hillsides that relates to topography, geology, hydrology, and fire risks. These regulations relate to the steepness of slopes and geologic conditions. The specific purpose of this Section is to ensure that Hillside Development occurs in a manner that:

Ensures public health, safety, and general welfare.

Provides for appropriate Hillside Development consistent with the allowed density provided by the zoning classifications.

Addresses potential risks that can result from steeply sloped sites and geologic hazard areas.

Minimizes potential hazards from fire, water, and unstable soils.

Helps ensure stability of steep slopes and protection of environmental resources.

Reduces potential risks associated with hillside erosion, sedimentation on lower slopes, and damage from landslides while providing flexible development standards.

Definitions. For the purpose of this Section, the following terms and phrases apply. If the general definitions in Section 12.02.100 of this Code conflict, the following definitions take precedence:

FIGURE 2-9: PERCENT/SLOPE CALCULATION

Applicability. The Hillside Development Overlay applies to areas within and identified on the City of Roseburg Slope Map, which is hereby adopted by reference and incorporated herein, or on lands having slopes greater than 12%.

Authority. The Director shall have the authority to review Hillside Development pursuant to Subsection 12.06.010(C).

Application and Submittal Requirements. No lands within the Hillside Development Overlay shall hereafter be developed or physically altered until plans have been approved that meet the minimum requirements of this Section.

Site Analysis: The following information shall be submitted by a Geotechnical Engineer or Engineering Geologist registered in the State of Oregon as provided by ORS 672.002 to 672.325, who by training, education, and experience is qualified in the practice of geotechnical or soils engineering practices. All Geotechnical reports or plans shall be stamped by the appropriate registered professional.

Site Development Submittal Requirements

A slopes analysis map with contour intervals of two feet or less and a scale no less than 1 in. = 20 ft. indicating the location and amount of land with slopes greater than 12%. If the project is subject to a Density Transfer all categories shown below must be represented:

•	12% or less;
•	12.01—25%;
•	25.01—35%; or
•	Greater than 35%.

Proposed finished contours map with contour intervals of two feet or less and a scale no less than 1 in. = 20 ft.;

Surface and subsurface hydrological conditions including natural drainage courses, streams, floodplains, wetlands and ponding areas;

On areas having a slope of greater than 12%, prior to removal of any vegetation, plans shall show the location, species, and size of vegetation to be removed, along with data that identifies slope stability with and without such planting. Trees that measure 24 inches or more in diameter at breast height (DBH), and multi-stemmed trees with one stem of at least 8 inches in DBH shall be identified and preserved to the extent possible. During construction, trees identified for preservation shall be protected with fencing around the drip line;

Plan showing location, species, size, and proposed re-vegetation;

Stormwater Plan consistent with requirements of the City of Roseburg's Storm Water Management Design Standards;

Proposed building envelopes, driveways and their grades, and other vehicular and pedestrian circulation routes;

Erosion and Sediment Control Plan shall be consistent with requirements in the DEQ Construction Storm Water Permit Guidance 1200-C NPDES General Permit and as specified for Hillside/Geologic Review Areas.

ii.

Geotechnical Report Requirements

The purpose and scope of the investigation;

A description of the geological characteristics of the site;

A determination of the nature, distribution, and strength of the existing soils and geologic characteristics of the site relative to their adequacy for the proposed development;

A determination of geological hazards that present a risk to life and property or adversely affect the use or stability of a public facility or utility;

A determination of appropriate grading techniques (ground preparation, clearing, unsuitable material removal, scarification, fill materials, compaction levels, etc.), and an assessment of the stability of proposed cut and filled slopes;

Designs of retaining walls and structures, as well as drainage systems;

Appropriate foundation designs and setbacks from toes/crests of slopes relative to the soil characteristics of the specific site;

Detailed reports of field investigations that provide: date of work done, investigative methods, sampling methods, locations and logs of borings/test pits, elevations of borings/test pits for reference of materials,

Conclusions and mitigation measures, if necessary.

Type of Approval: Depending on the type of approval sought, the following information is required in addition to that required by Paragraph 12.04.010(C)(2)(a):

Land Division: If a division of land is proposed in accordance with Chapter 12.12 of this Code prior to recording the plat a written certification shall be submitted from a registered Geotechnical Engineer or Engineering Geologist verifying the recommendations of the Report were carried-out during the grading and/or construction infrastructure, or that needed changes in design were made based on the recommendation of and in conformance with the required Report.

ii.

Site Plan Approval:

If site plan approval is applied for with the purpose of obtaining a building permit, prior to a final building inspection and/or the issuance of a Certificate of Occupancy a written certification shall be submitted from a registered Geotechnical Engineer or Engineering Geologist verifying the recommendations of the Report were carried-out during the construction, or that needed changes in design were made based on the recommendation of and in conformance with the required Report.

Dimensions of all buildings and components (height, width, roof height, overhang, etc.).

Profile drawings and proposed finished grade of all sides of the building.

Location, type and dimensions of all existing and proposed easements (e.g. water, sewer, access, etc.) and utilities

If previously submitted Geotechnical Reports were prepared for the site, a Geotechnical Engineer or Engineering Geologist may utilize said reports as supplemental information if said expert determines that the conditions of the site have not changed in such a way to make the report invalid. Referenced reports shall be supplied to the Director by the applicant.

Final Plans/As-Builts. Prior to final building inspection, as-builts shall be provided to the Director. As-builts shall provide the dimensions and grades of all required driveways and maneuvering/parking areas, the dimensions and location(s) of any retaining walls, the grades of all slopes exceeding 12% as well as the toe and crest of such slopes, and the location of all property lines and foundations of all structures, in addition to any other elements required upon Site Plan Review. As-builts shall be drawn at 1 in. = 20 ft. or larger scale with elevation contours at intervals of no more than two feet.

Exceptions. If an applicant can meet any or all of the criteria listed below, the Director may waive applicable requirements of this Section.

Submit evidence that slopes in excess of 12% do not exist on the subject property or a written and stamped statement from a Geotechnical Engineer or Engineering Geologist that the area of the property impacted by the proposed work will be sufficiently set back from any slopes exceeding 12% and therefore no geologic hazards are increased.

Demonstrate that the proposed work will comply with a Geotechnical Report that was previously prepared for the site and that all conditions noted in the Report are still present.

Construction proposed is on land that has a grade less than 12% and is set back 10 or more feet from slopes that do not exceed a 2:1 slope.

Construction is proposed that does not require a building or grading permit.

Development criteria and standards. When a proposal is submitted for land division, Planned Unit Development and/or Site Plan Review, said development shall comply with the following criteria and standards:

Density Transfers: The permitted density established by the underlying zoning may be increased for lands in the Hillside Development Overlay by transferring the rights to develop an area of land with qualifying slopes to another location contiguous to said areas. The area to be developed does not need to be within the Overlay. In addition to increasing the density of one portion of land by not developing another portion, the density may be further increased based on the total area of the undeveloped land and the "Level" for which the grade of the slopes qualify (see below). The total acreage of undeveloped slopes may be combined to determine the number of additional dwelling units, however, the number of additional dwelling units shall be based on whole numbers and not portions thereof. For example, if 1.95 acres of Level 2 and 0.5 acre of Level 3 are undeveloped, the total number of dwelling units that may be added to the density transfer is five based on the following calculation: (1.95ac X 2 du) + (0.5ac X 4du) = 5.9 dwelling units.

Level 1 - the density increase for sites with slopes greater than 12% and up to 25% shall be increased by one unit per acre of the qualifying sloped area.

Level 2 - the density increase for sites with slopes greater than 25% and up to 35% shall be increased by two units per acre of the qualifying sloped area.

Level 3 - the density increase for sites with slopes greater than 35% shall be increased by four units per acre of the qualifying sloped area.

For the purposes of calculating density for this section, duplexes shall count as one unit.

In order to verify allowed increases in densities, calculations shall be provided with the application and documented with a topographic map that delineates the land area of each Level that shall be prepared and stamped by a licensed Professional Land Surveyor. As a condition of density transfer, a deed restriction that ensures permanent retention of the undisturbed land area as open space shall be recorded with the Douglas County Clerk within 30 days of the site review approval and delineated as an easement on the recorded plat if a partition, subdivision or PUD is approved as part of the density transfer.

Location/Features.

Cluster, zero-lot-line, and other similar development is permitted in the Hillside Development Overlay and is encouraged as a means of preserving the natural hillside, reducing ground disturbances, and limiting vegetation removal. Under this concept, buildings should be grouped to leave steeper slopes undisturbed.

Development plans are to indicate slope percentages by shading. If density increases are requested, plans are to include calculations to indicate the amount of area and available density to be applied elsewhere within the development.

Building Height Measurement.

The maximum allowable building height shall comply with the underlying zoning standards.

Building height shall be measured as the vertical distance from the average plane of the exposed foundation to the highest point of the roof exclusive of chimneys, antennas, skylights, and similar features. The average plane of the exposed foundation shall be calculated as follows: assign a numeric value of zero to the lowest corner of the exposed foundation; measure the elevation of all other exposed foundation corners relative to the lowest corner; calculate the average elevation of all exposed foundation corners. For split-level construction, each foundation shall be measured separately (refer to Figure 2-10: Building Height Measurement). Multi-level structures are encouraged to provide step-backs as a way of reducing the mass and bulk of such structures. No more than eight feet of a buildings foundation shall be exposed. For the purposes of this Section, exposed shall be interpreted as not being covered by earth.

FIGURE 2-10: BUILDING HEIGHT MEASUREMENT

Lot Size. Minimum lot sizes and dimensions in the Hillside Development Overlay shall be established upon approval of a land division or Planned Unit Development based on the following minimum standards:

Minimum lot area may deviate from the standards of this Code based on the adjusted density granted by a Density Transfer, but no lot shall be less than 3,000 square feet for a single-family dwelling or duplex.

Lot width and depth may be less than required by Subsection 12.12.010(M) of this Code, but no lot shall have a depth of more than two and one-half (2½) times the average width between the side lines.

Except as otherwise permitted for townhouses, each lot shall have frontage of not less than 35 feet upon a street.

Adjusted lot sizes shall conform to mitigation measures identified in the Geotechnical Report.

Yard Setbacks. Lots shall provide yard setbacks consistent with the underlying zoning, those allowed by an approved PUD or those recommended in an approved Geotechnical Report.

Pads. Split pad or stepped footings shall be used when possible to allow the structure to more closely follow the slope.

Foundations.

Foundations shall be in conformance with the requirements of Geotechnical Report and if required designed by a Professional Engineer as provided by ORS 672.002 to 672.325.

Split-level foundations are encouraged when appropriate for the site contours.

When appropriate, based on recommendations included in the Geotechnical Report, multi-level building footprint shall be used to reduce scarring.

Access Standards

Streets shall meet the standards included in the latest adopted City of Roseburg Transportation System Plan and as adopted by the Department of Public Works construction standards that are in effect at the time of the proposed development.

Alternative street standards depicted herein may be used in Hillside Developments as shown in Figure 2-11: Hillside Street Alternatives, unless otherwise required by the Public Works Director and justified by the Geotechnical Report. Dead-end streets shall have an approved turn-around area; however, dead-end streets are discouraged.

Streets are to follow the natural terrain wherever feasible. Travel-ways, walkways, and parking areas are to be designed to parallel the natural contours of the site.

Driveways used to access onsite parking shall comply with Subsection 12.06.030(J) and the following criteria:

The inside turning radius and outside turning radius shall not be less than 28 feet and 48 feet respectively, measured from the center point to provide for emergency apparatus access.

With the approval of the Fire Chief, driveways that are greater than 100 feet in length may have intermittent sections of grades up to a maximum of 20% provided that:

The 100-foot distance back from the structure maintains the 15% grade described herein.

ii.

Travel widths, turnouts, and level pad areas are provided as determined necessary for fire protection and emergency access purposes.

iii.

An approved fire apparatus turnaround area having a grade no greater than 10% is provided.

Driveways shall conform to the width requirements of Subsection 12.06.030(J); however, the Public Works Director and the Fire Chief may require additional width in order to meet the purpose and intent of this Code.

Parking shall meet the requirements of Subsection 12.06.020(A); in addition, when driveways serving commercial, industrial or multi-family development exceed 150 feet in length, one additional onsite paved parking area shall be provided for each additional 50 feet up to a maximum of five spaces.

FIGURE 2-11: HILLSIDE STREET ALTERNATIVES

STREET DESIGNATION	ROW WIDTH "B"*	PAVING WIDTH "A"			SIDEWALKS**
STREET DESIGNATION	ROW WIDTH "B"*	NO PARKING	PARKING ONE SIDE	PARKING TWO SIDES	SIDEWALKS**
Local hillside residential streets	40 ft.	24 ft.	-	-	1 @ 5 ft.
	40 ft.	-	28 ft.	-	1 @ 5 ft.
	45 ft.	-	-	34 ft.	1 @ 5 ft.
	45 ft.	24 ft.	-	-	2 @ 5 ft.
	45 ft.	-	28 ft.	-	2 @ 5 ft.
	50 ft.	-	-	34 ft.	2 @ 5 ft.
Collector hillside residential streets with shared bike route permitted in place of standard collector subject to the provision below***	40 ft.	28 ft.	-	-	1 @ 5 ft.
	50 ft.	-	36 ft.	-	1 @ 5 ft.
	55 ft.	-	-	42 ft.	1 @ 5 ft.
	45 ft.	28 ft.	-	-	2 @ 5 ft.
	55 ft.	-	36 ft.	-	2 @ 5 ft.
	60 ft.	-	-	42 ft.	2 @ 5 ft.

Notes:
*	Slope easement or additional ROW may be required for cut and fill slopes. Cut and fill slopes necessary for street constructions are not allowed on private property unless a slope easement is obtained. No retaining walls or armoring rock allowed within ROW.
**	Sidewalks required on both sides of street unless the natural cross slope exceeds 15 percent or approved by Public Works Director.
***	Allowed where a demonstrated projection of a lack of bike use or where the cost of bike lane improvements would be excessively disproportionate to the need or probable use.

Lanes may have an offset centerline to allow wider uphill lanes to accommodate bicycles.

General requirements. The following requirements are generally the minimums that apply to lands shown on the City of Roseburg Slope Map or having a slope of greater than 12%; however, based on information provided by an accepted and approved Geotechnical Report verifying that the intent and purpose of this Code are being carried out and appropriate mitigations are identified and in place, the Director is authorized to allow for the recommendations contained in said report that may differ from the strict application of the following:

Development Time Periods. Grading, drainage improvements, or other ground disturbances on slopes of greater than 12% shall occur from April 15 to October 15; however, nothing in this Code shall preclude immediate action to be taken in cases of emergency.

Grading Requirements. Preliminary grading plans shall be consistent with the latest version of the International Building Code (IBC) and shall comply with the provisions of this Chapter.

Excavation Requirements. Excavation requirements shall be consistent with the latest version of the IBC.

Cut Requirements. The slope of cut surfaces shall be no steeper than is safe for intended use and shall be no steeper than 2:1 as shown on Figure 2-9: Percent/Slope Calculations, unless approved by a Geotechnical Report.

Fill Requirements. Ground surfaces shall be prepared to receive fill by removing vegetation, topsoil, and other unstable materials, and scarifying the ground to provide a bond with the fill material.

Where existing grade is at a slope steeper than 5:1 (20%) and the depth of the fill exceeds five feet, benching shall be provided in accordance with Figure 2-13: Benching Details.

ii.

Fill material shall not include organic, frozen, or other deleterious material. No rock or similar irreducible material greater than 12 inches in any dimension shall be included in fills.

iii.

All fill materials shall be compacted to a minimum of 95% of maximum density per ASTM D-698 Standard Proctor Test.

iv.

The slope of fill surfaces shall be no steeper than is safe for the intended use and shall be no steeper than 2:1 (50%), unless approved by a Geotechnical Report.

FIGURE 2-13: BENCHING DETAILS SOURCE IBC 2003

Slope Setbacks Requirements for Cut/Fill Slopes. Slope Setback requirements shall be consistent with the latest version of the IBC.

Cut and fill slopes shall be set back from property lines in accordance with this Chapter. Slope setback distances shall be measured perpendicular to the property line and shall be as shown in Figure 2-14: Drainage Dimensions.

The slope setback at the top of a cut slope shall be as shown in Figure 2-14, or what is required to accommodate any required interceptor drains.

FIGURE 2-14: DRAINAGE DIMENSIONS SOURCE IBC 2003

Where required to protect against adjacent properties at the toe of a slope from adverse effects of the grading, additional protection shall be included. Such protection may include but shall not be limited to:

Setbacks greater than those required by Figure 2-14: Drainage Dimensions.

ii.

Provisions for retaining walls or similar construction.

iii.

Erosion protection of the cut and fill slopes.

iv.

Provision for the control of surface water.

Erosion Control Requirements. Erosion control measures shall meet the latest adopted DEQ Erosion and Sediment Control Manual for erosion control requirements, including but not limited to:

Construction of any building that disturbs one acre or more of land through clearing, grading, excavating, or stockpiling of fill material requires a DEQ 1200-C NPDES General Permit. This permit requires an Erosion and Sediment Control Plan and Best Management Practices (BMP) to be incorporated into land-disturbing construction work. BMPs are used on the project site to prevent erosion and control sediment runoff from the project site. Erosion control BMPs can be found in DEQ Construction Storm Water Permit Guidance 1200-C NPDES General Permit (2006).

For construction on land of less than one acre, the minimum BMPs to consider include:

•	A responsible agent shall be designated during project construction.
•	Scheduling to avoid earth-disturbing activities during wet weather.
•	Perimeter sediment controls.
•	Storm-drain inlet protection.
•	Site entrance and exit controls.
•	Non-storm Water pollution controls, such as materials use and waste management BMPs.
•	Covering or otherwise protecting stockpiles.
•	Projects that include slopes susceptible to erosion, including runoff and erosion prevention measures (see DEQ Erosion and Sediment Control Manual Sections 4 and 5 respectively).
•	The designated project agent or engineer should inspect BMPs regularly to identify areas in need of maintenance or improvement to minimize pollutant discharges.
•	Provide and maintain check dams in area where a concentration of water runoff may transport sediment.

All man-made slopes four feet or higher are to be planted with plantings suited to hillsides that will aid in erosion control and slope stability. Such plantings are to be appropriately irrigated until established and are self-sufficient.

Storm Water Drainage Requirements. Storm Water drainage shall meet the City's current storm water design requirements in the latest version of City of Roseburg Storm Water Management Design Standards.

Construction Standards shall meet the requirements in the latest adopted City of Roseburg Public Work's Construction Specifications and Standards Drawings.

Encroachment in the public right-of-way shall not be permitted, unless an encroachment permit is granted by the Public Works Department.

Terraces and Retaining Structures.

Steep cut or fill slopes greater than 2:1 shall be retained with engineered retaining structures, such as stacked rock, retaining walls, rock buttresses or a functional equivalent engineered structure to control erosion and stabilize slope.

Cut and fill faces on terraced sections shall not exceed a maximum height of 15 feet.

Terrace widths shall be a minimum of three feet for vegetation.

Total cut slopes are not to exceed a maximum vertical height of 40 feet, provided that there is terracing at least every 15 feet in height to discourage massive slopes and encourage terraced landscape slopes.

Retaining structures four feet or greater in height, as measured from the bottom of the footing to the highest point, are required to be engineered. Retaining structures at the toe of a slope or within six feet of a foundation shall be engineered regardless of height.

Retaining structures shall follow the natural contours of the slope where feasible, and all materials used to construct retaining structures shall consist of native stone, poured-in-place concrete, pre-cast concrete block, or other approved material determined to be similar to and consistent with the those materials listed herein.

Vegetation requirements.

When a Geotechnical Report is required, it shall inventory all existing vegetation that contributes to the stability of the slope. The Report shall also provide a site map that accurately documents the type, characteristics and location of vegetation that is recommended to remain for slope stability.

The removal of any vegetation from slopes greater than 12%, including trees, shall only be done when the required Geotechnical Report determines specific vegetation is not necessary to maintain the stability of the slopes.

Notwithstanding the provision listed above; generally, thinning is preferred over removal of native and specimen trees.

Ground disturbances outside the established building pad are to be done in such a manner so that the maximum number of trees can be preserved with care taken to preserve specimen trees. Trees that are determined to be essential for slope stability shall be flagged and fencing shall be erected at the edge of each drip line. Any vegetation cited as being essential to slope stability shall be replaced with similar vegetation if said vegetation is damaged or removed.

Blasting. Blasting methods shall be consistent with Section 00335 - Blasting Methods and Protection of Excavation Backslopes in ODOT/APWA Oregon Standards Specifications Part 00300 - Roadwork (2002), and be in conformance with the requirements of this Code.

Enforcement. The City's enactment and enforcement of this Code shall not be construed for the benefit of any individual person or group of persons other than the general public. As provided herein, the Community Development Director is given the authority to interpret, apply, and enforce this Code to accomplish the stated purpose. The City may withhold, condition, or deny development permits or activity approvals to ensure that the proposed action is consistent with this Code.

The City is authorized to make site inspections and take such actions as necessary to enforce the provisions of this Code. A City representative may enter onto private property with the consent of the owner, occupant, or pursuant to warrant. When a designated hillside area has been altered in violation of this Code, all ongoing development work shall stop and the area shall be restored. The City shall have the authority to issue a stop work order to cease all ongoing development work, and order restoration, rehabilitation, or replacement measures at the owner's or other responsible party's expense to compensate for violation of provisions of this Code. Any development carried out contrary to the provisions in this Code shall constitute a public nuisance and pose a risk to the public health, safety, and welfare.

(Ord. 3561, § 3, 6-28-2021)

§ 12.04.110 Historic Districts Overlay.

Site review for registered historic resources. The purpose of historic preservation is to preserve, protect, maintain, and enhance those historic resources which represent or reflect elements of the cultural, social, economic, political, and architectural history. Historic resources are the sites, buildings, structures, objects, natural features, or specific districts that relate to events or conditions of our past. Protected resources will provide educational value, enjoyment, and economic diversification as well as beautification of the City and enhancement of property values. This Section is intended to allow the City to review any changes including alterations, remodel, additions, demolitions, and/or new construction proposals at the time of site review to ensure that registered historic resources are preserved.

Historic resources. For the purposes of this Section, historic resources which are defined as sites, buildings, properties, or features within the Roseburg City limits that have been inventoried and/or are located within a designated historic district or otherwise listed on the City of Roseburg Historic Resource Register, the Douglas County Historic Resource Register and/or the National Register of Historic Places. Designated historic districts are shown on the following page in Figure 16: Historic Districts Overlay.

FIGURE 2-16: HISTORIC DISTRICTS OVERLAY

Exterior remodeling/alteration procedure. Upon receipt by the Community Development Department of all site plan review requests for exterior alteration of a historic resource, the Community Development Director shall within 15 working days, review the permit application for completeness and refer the request to the Historic Resource Review Commission to review the permit request within 30 working days of the date the complete application was submitted. The Historic Resource Review Commission shall review the permit request and shall:

Notify the applicant of the time and place of the review and be encouraged to be present. A failure to initiate review within 30 working days of completeness shall be considered as an approval of the application.

Direct the Community Development Director to submit to the Building Department a statement of development approval if the Historic Resource Review Commission finds the proposed alterations to be in compliance with Subsection 12.04.110(G).

Initiate one of the following if the Commission finds the proposed alterations to be in noncompliance with Subsection 12.04.110(G):

Approve the application subject to compliance with conditions which will bring the application into conformance with Subsection 12.04.110(G), or

Place up to a 60-day delay from the date of the hearing action on issuance of a building permit for the proposed alteration to provide additional time for gathering information, to further evaluate the proposal or to identify alternatives for the owners, or

Provide the applicant with information concerning local, state, and federal preservation programs so that the applicant may gain knowledge of alternatives available to them.

Additions to historic resources. Upon receipt by the Community Development Department of a request for construction of an addition on a designated historic property, the Community Development Director shall, within 15 working days, review the application for completeness and refer the request to the Historic Resource Review Commission to review the request within 30 working days of the date the completed permit application was submitted. A failure to initiate review within 30 working days shall be considered as an approval of the application. The Historic Resource Review Commission shall review the request and shall:

Notify the applicant of the time and place of the review and be encouraged to be present.

Direct the Community Development Director to submit to the Building Department a statement of development approval if the Commission finds the proposed addition to be in compliance with Subsection 12.04.110(G) or 12.04.110(H) as applicable.

Initiate one of the following if the Commission finds the proposed construction or addition to a historic resource inventoried as significant, primary, contributing, eligible-contributing, eligible-significant and/or similarly classified to be in noncompliance with Subsection 12.04.110(G) or a historic resource inventoried as non-historic/non-contributing, secondary, non-eligible and/or similarly classified to be in noncompliance with Subsection 12.04.110(H).

Approve the application subject to compliance with conditions which will bring the application into conformance with Subsection 12.04.110(G) or 12.04.110(H) as applicable, or

Place up to a 60-day delay from the date of the hearing action on issuance of a building permit for the proposed addition to provide additional time for gathering information, to further evaluate the proposal or to identify alternatives for the owners, or

Provide the applicant with information concerning local, state, and federal preservation programs so the applicant may gain knowledge of alternatives available to them.

New construction on inventoried property. Upon receipt by the Community Development Department of a request for new construction on a property or in a district inventoried or otherwise designated a historic resource, the Community Development Director shall, within 15 working days, review the application for completeness and refer the request to the Historic Resource Review Commission to review the request within 30 working days of the date the completed permit application was submitted. A failure to initiate review within 30 working days shall be considered as an approval of the application. The Commission shall review the request and shall:

Notify the applicant of the time and place of the review and be encouraged to be present.

Initiate one of the following if the Commission finds the proposed alterations to be in noncompliance with Subsection 12.04.110(H):

Approve the application subject to compliance with conditions which will bring the application into conformance with Subsection 12.04.110(H), or

Place up to a 60-day delay from the date of the hearing action on issuance of a building permit for the proposed construction to provide additional time for gathering information, to further evaluate the proposal or to identify alternatives for the owners, or

Provide the applicant with information concerning local, state, and federal preservation programs so the applicant may gain knowledge of alternatives available to them.

Demolition of historic resources. Upon receipt of the Community Development Department for a request for demolition of a historic resource, the Community Development Director shall schedule a hearing before the Historic Resource Review Commission to review the request. However, if the structure for which the demolition permit request has been filed has been damaged in excess of 70% of its assessed value due to fire, flood, wind, or other action of God, a demolition permit may be approved by the Director after ratification by the Historic Resource Review Commission. If the Commission does not ratify a demolition permit, damage does not exceed 70% or there is no documented requirement for demolition, then the Director shall schedule a hearing before the Historic Resource Review Commission to review the demolition request. A failure to initiate review within 30 working days shall be considered as an approval of the application.

Reasonable efforts shall be made by the Commission to provide the owner of the structure with possible alternatives for demolition, including information concerning local, state, and federal preservation programs;

Reasonable effort shall be made by the Commission to maintain the historic structure by an acquisition, protection, stabilization, preservation, rehabilitation, restoration, or reconstruction project. A demonstrated lack of private and public funding for the above is sufficient cause to allow demolition;

Consideration shall be given to the Guidelines listed in Subsection 12.04.110(G); and,

The Commission may request the Director and/or applicant to seek assistance through referrals from the appropriate agencies and organizations, which may include: The State Historic Preservation Office, the Douglas County Museum, and the Douglas County Historic Resource Review Committee.

Exterior alterations/additions to historic resources. This Section applies to all contributing, significant, primary, historic, eligible or similarly classified historic resources. Affirmative findings shall be documented addressing the following guidelines based upon their relative importance.

Retention of original construction. All original exterior materials and details shall be preserved to the maximum extent possible.

Height. Additional stories may be added to historic building and zoning codes.

The added height complies with requirements of the building and zoning codes.

The added height does not exceed that which was traditional for the style of the building.

The added height does not alter the traditional scale and proportions of the building style.

The added height is visually compatible with adjacent historic resources.

Bulk. Horizontal additions may be added to historic buildings provided that:

The bulk of the additions do not exceed that which was traditional for the building style.

The addition maintains the traditional scale and proportion of the building style.

The addition is visually compatible with adjacent historic resources.

Visual Integrity of Structure. The lines of columns, piers, spandrels, and other primary structural elements shall be maintained so far as is practicable.

Scale and Proportion. The scale and proportion of altered or added building elements, the relationship of voids to solids (window to wall) shall be visually compatible with traditional architectural character of the historic building.

Materials and Texture. In-kind materials and textures shall be used in the alteration or addition of historic resources. Exterior alteration or addition shall follow the requirements of the Secretary of Interior's Standards for Historic Preservation Projects and the Historic Preservation League of Oregon's Rehab Oregon Right manual.

Signs, lighting, and other appurtenances. Signs, exterior lighting, and other appurtenances, such as walls, fences, awnings, and landscaping shall be visually compatible with the traditional architectural character of the historic resource.

New construction/additions to non-historic resources. This Section applies to all non-historic, noncontributing, secondary, ineligible or similarly classified property within Roseburg's Historic Districts. New construction on a vacant lot within a historic district or on a property, lot, parcel or site designated as a nonhistoric, non-contributing, compatible, secondary and/or not-eligible historic resource can enhance the existing character if the proposed design reflects an understanding of, and is compatible with, the distinctive character of the setting and associated resources. Affirmative findings shall be documented addressing the following guidelines based upon their relative importance:

Siting New and Relocated Buildings. New, added or relocated buildings are sited according to features of the surrounding neighborhood and the overall character of the historic area in terms of orientation, distance to adjacent buildings, traditional setback, and retention of important site features per the requirements of the Secretary of Interior's Standards of Historic Preservation Project and the Historic Preservation League of Oregon's Rehab Oregon Right manual and as follows:

Orientation. The new or relocated building is oriented in a manner to maintain the traditional pattern of the block.

Distance. The distance between the new or relocated building and the adjacent historic resource is compatible with the spacing between existing resources on the same street.

Setback. The setback of the new or relocated building is consistent with the setback of adjacent historic resources on the street.

Design. The overall character of the new construction or relocated building is compatible with existing site features (landscaping, garages and driveways, if applicable) and the traditional character of the surrounding area.

Height. The proportion of the new or relocated building is compatible with the average height of the traditional character of the surroundings.

Bulk and Scale. The bulk and/or proportions (size, mass, and/or volume) of any new or relocated building are compatible with the traditional character of the surrounding. Examine the massing of nearby buildings (whether symmetrical or asymmetrical, central block or L-shape), and design the new building with similar bulk.

Materials. The materials are consistent with the predominant materials and finishes found on other resources in the surrounding area. Examine the color, texture, pattern, composition, and scale of neighboring historic resources.

Width. The proportion of the new or relocated buildings is compatible with the average width and massing of the neighboring buildings. If a building is wider than other buildings on the block, the facade should be broken up into narrower bays that reflect the common historic widths.

Specific Design Elements. Design elements need to be compatible with the existing character of the surroundings with consideration for, but not limited to:

Roof Form. Visually, the roof form is the most important element in the overall building form. Keep roof forms consistent with the shapes traditionally used.

Windows and Doors. Keep the proportions and pattern of window and door opening similar to neighboring historic buildings. Keep the rhythm of solids (walls) and voids (windows and doors) consistent with the dominant pattern set in the area.

Exterior Siding. Select siding material that is compatible with the historic materials used in the neighborhood. Only use substitute siding materials if similar in style to those used historically.

Architectural Details. Architectural features are to complement the details and style of the neighboring historic buildings. Architectural elements such as eave details, window trim, water tables, and cornices help new buildings blend in with surrounding resources.

Minor project review and approval by the Community Development Director. The Community Development Director may approve projects listed within this Subsection that comply with adopted Design Guidelines cited in this Section. The Director retains the option to refer Minor Projects to the Historic Resource Review Commission for approval.

Minor Projects review by the Director shall be limited to:

Fences, new or replacement

Roof repair and replacement, including gutters and downspouts

Foundation repair and replacement

Window and/or door repair and replacement

Restoration projects to reintroduce original features and/or materials

Porch rail repair and replacement

Awnings

Signs

Minor Project consideration by the Director shall require the submittal of the following plans and materials:

Material

Color

Style

Features/Details

Size

Mass/bulk

Ornamentation

A Minor Project Evaluation Checklist shall be completed by the Director for each project and a copy of the checklist along with a copy of the plans shall be provided to the Historic Resource Review Commission as an informational item.

§ 12.04.120 West Avenue Residential Overlay.

Purpose. The purpose of the West Avenue Overlay District is to implement the strategies of the West Avenue Redevelopment Plan and recognize and provide for existing dwellings of record located in an area described as south of and adjacent to NE Chestnut Avenue, north of and adjacent to NE West Avenue, east of and adjacent to NE College Street and west of and adjacent to NE Alder Street, as well as the properties at the southeast corner of NE West Avenue and NE Walnut Street. The area is further defined and shown on Exhibit 5 of the West Avenue Redevelopment Plan adopted by the City Council per Ordinance No. 3318 on October 12, 2009.

Definitions. The definitions provided in Section 12.02.110 of this Code shall apply except, for the purpose of this Section only, the following definitions are established:

Permitted Use. Within the West Avenue Redevelopment Overlay District, Existing Dwellings of Record established as of the date this Code was adopted shall be Permitted Uses, subject to the general provisions and exceptions set forth by this Section.

Development Standards. Existing Dwellings of Record may be continued, replaced, repaired or converted to a duplex dwelling within the existing footprint. Any proposed alterations, expansion or additions shall be subject to the following:

Coverage. Not over 80% of the lot shall be covered by buildings and/or other impervious surface.

Setbacks.

Front Yard. No building addition or expansion shall be located closer than 15 feet from the front property line.

Side Yard.

No building addition or expansion shall be located closer than four feet from side property lines for interior lots.

ii.

For exterior side property lines for corner lots the side setback shall be no less than 10 feet for any building addition or expansion.

Rear Yard. No building addition or expansion shall be located closer than five feet from rear property lines.

Height. Maximum height for any structure shall be 35 feet.

Off-Street Parking. Paved parking to meet minimum off-street parking standards of Section 12.06.020 of this Code shall be provided.

When an Existing Dwelling of Record has been converted to a use permitted by the underlying Mixed Use (MU) Zone or the Existing Dwelling of Record has been demolished and replacement has not commenced and been diligently pursued to completion within 12 consecutive months of the removal, the provisions of the West Avenue Overlay Zone shall no longer apply.

(Ord. 3561, § 4, 6-28-2021)

§ 12.04.130 Riparian Habitat Protection Overlay.

Purpose. The intent of this Section is to provide riparian habitat protection to lands adjacent to the South and North Umpqua Rivers, Newton Creek and Deer Creek. All are major waterways that are scenic, recreational, and are a natural resource of the community. They are to be protected, preserved, and maintained for their primary function as drainage courses first. Any measures taken to sustain their primary function shall minimize adverse impacts on scenic, recreational, and natural values.

Applicability. Mature ground cover and trees, wildlife habitats, and the natural contours of identified significant stream banks shall be preserved as noted herein. For the distances noted in Table 3-2: Riparian Habitat Setbacks, measured from the top of the stream bank, there shall be a setback of structures, impervious surfaces, retaining walls, channel alterations, etc. from the top of the stream bank. For the purposes of this Section, the top of the stream bank shall be as determined by the Community Development Director acting with the advice of the Department of Fish and Wildlife.

TABLE 2-15: RIPARIAN HABITAT SETBACKS
SETBACKS
Water Body	All Residential zones, except Public Reserve and Residential Open Space	All Commercial and Industrial zones and Public Reserve and Residential Open Space
South Umpqua River	50 feet	50 feet
Newton Creek	25 feet	50 feet
Deer Creek	25 feet	50 feet

Exceptions. Findings shall be made by the Community Development Director, after consulting with the Department of Fish and Wildlife pursuant to Subsection 12.10.010(L) of this Code, that a proposed reduction in setback:

Will not have a significant adverse impact on stream bank erosion, water temperature and quality, or wildlife, or

Is required for flood control, and actions are taken to mitigate such impacts as much as is possible; or

Is not required for flood control and will include all actions as are necessary to prevent or sufficiently mitigate any significant stream bank erosion, adverse impact on water temperature and quality, or wildlife, and such mitigation measures are specified; and

Is not in conflict with any adopted drainage ordinance or plans. The setback variance criteria of this Subsection are not required to meet the variance criteria contained in Section 12.10.050 of this Code.

§ 12.04.140 Pine Street Waterfront Overlay.

Purpose. The Pine Street Waterfront Overlay (PSWO) promotes a unique riverfront commercial district along a shared multi-use path. The Overlay is intended to enhance the character of the district by improving multi-modal transportation through pedestrian-friendly and traffic-calming design standards. It will maintain compatibility with existing historic structures while promoting a mix of uses to encourage new small- and medium-scale development. Permitted uses are oriented toward maintaining and promoting the pedestrian character of the area and include residential dwellings with commercial uses, restaurants, sidewalk cafes, retail sales and professional offices, bed and breakfast facilities, and parks and playgrounds. The segment of Pine Street located within the Overlay connects to bike and walking trails around the city, and the Transportation System Plan identifies this area as a multi-use path rather than a street; this means that pedestrians and cyclists take priority.

Applicability. As illustrated in Figure 2-17 Pine Street Waterfront Overlay, the regulations of the PSWO apply to the area bounded by:

•	To the north, the edge of Deer Creek;
•	To the east, the edge of the railroad right-of-way;
•	To the south, the edge of SE Douglas Avenue; and
•	To the west, the edge of the S. Umpqua River

Figure 2-17: Pine Street Waterfront Overlay

Pine Street Overlay Definitions. For the purpose of this Section only, the following definitions are established:

Uses.

Permitted Uses. Uses identified with a "P" in Table 2-16 are permitted as-of-right in the PSWO District, subject to compliance with any other use standards identified in this section and all other applicable standards of this Code. Uses not specifically listed, but similar to other permitted uses, may be approved by the Director.

Conditional Uses. Uses identified with a "C" in Table 2-16 may be allowed if reviewed and approved in accordance with the Conditional Uses Permit procedures of Section 12.10.080 of this Code. Conditional Uses are subject to compliance with any use standards identified in this section and all other applicable standards of this Code. Uses not specifically listed but similar to other conditional uses may be applied for through the Conditional Uses Permitting process as determined by the Director.

Table 2-16: Uses
Pine Street Waterfront Overlay
USE CATEGORY	P - Permitted C - Conditional	Limitations and Qualifications
Specific Use	P - Permitted C - Conditional	Limitations and Qualifications
RESIDENTIAL
Dwelling units above commercial structures	P	(1) One dwelling unit per 800 square feet of lot area. (2) Prohibited in Area B of Figure 2-18 Section Diagram.
Dwelling units subject to Multiple-Family Residential (MR29)	C	(1) Prohibited in Area B of Figure 2-18 Section Diagram.
Boarding/Rooming Houses	C	(1) Prohibited in Area B of Figure 2-18 Section Diagram.
PUBLIC/CIVIC
Library, museums, and galleries	P
Parking lots or structures	C
Parks and playgrounds	P
COMMERCIAL
Art, music, dance school/studio/gallery/supplies	P
Bed and breakfast facility	P
Business services or offices; professional offices	P
Retail sales and service	P
Restaurants, eating establishments, coffee houses, juice bars, delicatessens, taverns, and similar uses	P
Sidewalk cafes	P
Theaters, motion picture production/distribution/services	P

Prohibited and Similar Uses. Uses not identified are prohibited.

The following uses and their similar uses are prohibited:

Activities entailing movement of heavy equipment on and off the site except during construction

ii.

Agricultural supplies/machinery sales rooms

iii.

Ambulance service

iv.

Automobile body shop in conjunction with an auto sales agency; Automobile service station; Automobile, truck, and motorcycle dealers/garages/services stations/washes/detailers; Auto parts/tools supply stores; Mobile home and recreational vehicle sales

Auto or truck storage as a primary use (auto or truck storage is limited by the Standards of Table 2-19 Private Property Standards, items y and z)

vi.

Builders supplies (including retail sale of lumber)

vii.

Commercial storage units

viii.

Crematory or mausoleum; Funeral home

ix.

Drive-up window service for permitted use

Plumbing/heating/electrical/sheet metal shop

xi.

Police, fire, and rescue services

xii.

Printing and publishing

xiii.

Recreational vehicle parks

xiv.

Recycling or Waste Disposal center

xv.

Stadiums or coliseums

xvi.

Telecommunications facilities

xvii.

Homeless shelters; Residential homes; Nursing homes

Development Zone.

Site and Building Standards. The Development Zone is illustrated in Figure 2-20 Pine Street Plan.

Figure 2-20: Pine Street Plan shows the developable area within the PSWO. It is bounded by the Riparian Setback (along the South Umpqua River) and the eastern edge of Pine Street. Within this area there are separate development requirements for:

•	Pine Street Multi-Use Path (including the Flex Zones)
•	Pine Street private properties. (private buildable zone Figure 2-19 Plan Diagram)

Pine Street Multi-Use Path Intent Statement. The Pine Street Multi-Use Path has an overall width of 29 feet. The Through Zone provides a consistent 20-foot clear width, which is required for emergency vehicle access. Along both sides of the Through Zone are designated 9-foot wide Flex Zones. Vertical features such as bollards, planters, or poles are required in the Flex Zone, in an alternating pattern of bulbouts, creating a chicane path for motor vehicles. The staggered or offset pattern of bulbouts creates a visual narrowing of the Through Zone while preserving a consistent 20-foot width.

Upon redevelopment or a change in use, each property owner dedicates land for both the Flex Zones and the overall path width. The location and design of the bulbouts is determined by the width of the lot. Bulbout uses vary, and may include landscaping, parking, food carts, or outdoor dining at the discretion of each property owner. See Flex Zone Bulbouts on pages 20-23 of the Pattern Book and Vertical Features on pages 32-35 of the Pattern Book .

Private Properties Intent Statement. Buildings within the PSWO are small-scale with house-like forms that meet the edge of the Pine Street Multi-Use Path. Buildings may sit along the Pine Street Edge or be set back, allowing for semi-public activities in the Front Yard. Porches and plaza-like spaces in the Front Yard enhance the pedestrian experience.

The Development and Design Standards are listed in Table 2-17 Pine Street Multi-Use Path Standards and Table 2-18 Vertical Features and Landscaping Standards.

Table 2-17: Pine Street Multi—Use Path Standards
Requirement	Standard	Limitations & Qualifications
Pine Street
a) Minimum required width	29 feet	(1) Width is measured from the existing railroad fence on the east edge of Pine Street.
b) Access dedication width	Varies based on property distance from railroad edge	(1) Required for each Pine Street-facing property. (2) To provide the required width of 27 feet, a dedication shall be required from each property. (3) Exempt from this standard are properties facing SE Douglas Avenue.
Through Zone
c) Width, minimum	20 feet	(1) 28-foot inside radius required, per Oregon Fire Code. (2) Item (e) in Figure 2-21 Multi-Use Path Plan Diagram.
d) Clear height, minimum	13 feet, 6 inches	(1) For overhead banners or lighting, and vegetation (tree branches).
e) Surface materials		(1) Constructed of an asphalt, concrete or other approved driving surface capable of supporting the imposed load of apparatus weighing at least 60,000 pounds, per the Oregon Fire Code.
Flex Zone, General Bulbout See Pages 20-23 of The Pattern Book
f) Permitted		(1) Parallel vehicle parking, bicycle parking, landscaping, outdoor tables and seating, permanent and temporary signage, lighting, and temporary/or daytime-only retail displays. (2) Fire hydrants may be installed in bulbouts where required by the Fire Marshal.
g) Surface materials		(1) Permitted materials include pavers, brick, flagstone, scored concrete, compacted crushed rock, wood deck, wood boardwalk. (2) An Accessible route with paving materials meeting current ADA standards shall be provided.
Flex Zone, Property-Adjacent Bulbout
h) Width	9 feet	(1) Width is measured perpendicular to Pine Street Edge. See Figure 2-21 Multi-Use Path Plan Diagram.
i) Length, minimum	5 feet	(1) Length is measured parallel to Pine Street Edge. (2) Item (f) in Figure 2-21 Multi-Use Path Plan Diagram.
j) Clear height, minimum	13 feet, 6 inches	(1) For overhead banners or lighting, and vegetation (tree branches).
k) Location	Required for each parcel, adjacent to each side lot line	(1) Flag lots are exempt. (2) Shall abut the Front Lot Line. (3) The side boundary of the Flex Zone shall be an extension of the side lot line, perpendicular to the front lot line. (4) Property-adjacent Flex Zones are not permitted in front of buildings.
l) Additional standards		(1) Per Table 2-18 Vertical Features and Landscaping Standards.
Flex Zone, Railroad-Adjacent Bulbout
m) Width	9 feet	(1) Width is measured perpendicular to Pine Street Edge. See Figure 2-21 Multi-Use Path Plan Diagram.
n) Length, minimum	6 feet	(1) Length is measured parallel to Pine Street Edge. Item (b) in Figure 2-21 Multi-Use Path Plan Diagram.
o) Length, maximum		(1) Maximum length is determined by the overall width of the property that is adjacent to the multi-use path. See Figure 2-21 Multi-Use Path Plan Diagram. (2) Shall comply with Through Zone Width, minimum in Table 2-17 Pine Street Multi-Use Path Standards.
p) Clear height, minimum	13 feet, 6 inches	(1) For overhead banners or lighting, and vegetation (tree branches).
q) Location, minimum	37 feet from each side lot line	(1) Railroad-adjacent Flex Zones shall be located 37 feet from the edge of each side lot line, perpendicular to the front lot line. Item (d) in Figure 2-21 Multi-Use Path Plan Diagram. (2) Lots less than 80 feet wide are exempt from railroad-adjacent Flex Zone. Lots 80 feet or greater are required to have a railroad-adjacent Flex Zone.
r) Additional standards		(1) Per Table 2-18 Vertical Features and Landscaping Standards.

Table 2-18: Vertical Features and Landscaping Standards
Requirement	Standard	Limitations & Qualifications
Universal Standards See Pages 32-35 of The Pattern Book
a) Applicability		(1) Applies to Front Yards and Flex Zone Bulbouts.
b) Required vertical features		(1) Shall include furnishings, vertical landscaping, trees, or a low freestanding wall or fence that provide visual and physical separation of the Flex Zone and Front Yard from the Through Zone.
c) Height, minimum	24 inches
d) Height, maximum		(1) Vertical features (including trees and vegetation) must not encroach on the Through Zone below 13'-6" height.
e) Location		(1) A minimum of one vertical feature is required at each corner of the Flex Zone, set back no more than one foot from the edge of the Flex Zone. (2) Except where a bulbout abuts the Front Yard Zone, the Pine Street Edge of the Front Yard must be defined by vertical features that are set back no more than 1 foot from the edge of the Through Zone.
f) Placement		(1) Vertical features may include a continuous edge or a series of at least two individual elements. (2) Gaps between the vertical features must not exceed 20 linear feet.
g) Furnishings		(1) Furnishings include, but are not limited to: ornamental bollards, bike racks (with required clear spaces), benches or other fixed seating, fixed tables, planters, ornamental boulders (e.g., basalt columns), sculptures, permanent signage, pergolas, banner poles, trellises, or light poles. (2) Movable tables and chairs and overhead string lights are permitted but do not fulfill the vertical feature requirement. (3) A projecting porch can count as a vertical feature to fulfill this requirement if it is within 5 feet of the Pine Street Edge.
h) Vertical landscaping		(1) Vertical landscaping includes, but is not limited to: trees, woody shrubs at least 24 inches tall, plants or trees in a pot or planter, or trellised vines. (2) Planted pots or planters must be at least 24 inches tall. (3) Trellised vines must be on a trellis at least 4 feet tall. (4) Pergolas and trellises must not exceed 8 feet in height. (5) Planters and potted plants can count toward minimum landscape areas.
i) Walls and fences		(1) Acceptable materials for free-standing walls and fences include, but are not limited to: wood, stone, brick, ornamental CMU masonry, or metal picket. (2) Chain link fences are not allowed. (3) All free-standing walls or fences must not exceed 3 feet in height.
j) Trees		(1) Trees are required in the Flex Zone Bulbouts or in the Front Yard within 10 feet of the Pine Street Edge. One tree is required for every 50 linear feet (or fraction thereof) of frontage on Pine Street. Example: for 60 linear feet of frontage, two street trees would be required. Existing trees within 10 feet of the Pine Street Edge may count toward the Vertical features requirement. Trees may be clustered. (2) Trees shall be a minimum of 6 feet in height. (3) Prohibited trees: Refer to Table 3.8 Prohibited Street Trees in Section 12.06.020(T).
k) Lighting		(1) No light trespass is allowed across the Side Lot Lines or the Riparian Setback Line.
l) Bicycle parking		(1) The required clear space for any bike parking provided shall be protected on the sides facing motorized vehicle parking stalls by: vertical features, minimum 4 feet width of landscaping, or concrete wheelstops. (2) Additional clearance and maneuvering space requirements per section 12.06.030(I)1 may apply.
m) Vehicular Parking		(1) Minimum length: 22 feet long, full width of bulbout. (2) Where a concrete wheelstop is required, the minimum length is measured to the face of the wheelstop. (3) Provide minimum 3 feet clearance between bike racks and vertical features or landscaping, or minimum 5 feet clearance to wheelstops. (4) Vehicle parking is not permitted in the Front Yard. (5) No more than 2 adjoining parking spaces are permitted without being separated by a minimum 9 feet by 4 feet landscaped area.
n) Construction and Maintenance		(1) Property owners are responsible for construction and on-going maintenance of Front Yards and Flex Zone Bulbouts associated with their property.

Table 2-19: Private Property Standards
Requirement	Standard	Limitations & Qualifications
Applicability
a) Existing buildings		(1) Unless stated otherwise, existing buildings are exempt from these standards.
b) Alterations to existing buildings		(1) Unless stated otherwise, these standards apply to alterations that exceed 30% of the square footage of the existing building.
Setbacks See Pages 24-27 of The Pattern Book
c) From Pine Street Edge, minimum	0 feet	(1) New buildings or additions may encroach into the Front Yard only when they are fronted by a porch.
d) From Pine Street Edge, maximum	15 feet	(1) New buildings or additions may not exceed maximum setback.
e) From Riparian Rear Lot Line	0 feet
f) Side	5 feet
g) Existing buildings		(1) Existing buildings are permitted to encroach into the Front Yard or exceed the maximum setback.
h) Minimum distance between buildings	10 feet
Buildable Area See Pages 24-27 of The Pattern Book
i) Maximum percentage	70%	(1) Maximum buildable area applies to the lot area after the area for the Front Yard, Side Yards, and the Riparian Setback are deducted and, if required, Through Connection links rear buildings to Pine Street.
j) Multiple buildings		(1) When multiple buildings occupy a lot, a Through Connection is required to connect them to Pine Street. (2) The Through Connection must meet standards for accessible route(s) with appropriate paving materials meeting current ADA standards.
k) Maximum building footprint	3,600 square feet	(1) Maximum footprint for a single building.
Building Height
l) Maximum height	30 feet	(1) Measured to the highest roof surface. (2) The highest roof surface shall be determined by measurement to the eave of a pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater. (3) Additional height shall be negotiated with Fire Marshall and Fire Chief.
m) Maximum number of stories	3	(1) Per 12.02.090 Definitions, a Story is defined as "that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling above."
n) Maximum height of a story	15 feet
o) Roof pitch		(1) Buildings shall have a pitched roof, with a slope of at least a nominal 8 feet in height for each 12 feet in width. (2) Porches are exempt from this standard.
Front Yard See Pages 28-31 of The Pattern Book
p) Minimum depth	15 feet	(1) 5 feet minimum Front Yard depth where a building faces a Through Connection.
q) Required width	Width of lot
r) Clear height, minimum	10 feet	(1) For overhead banners, lighting, and vegetation.
s) Paved area, minimum	25%
t) Landscaped area, minimum	25%	(1) Required landscaping shall comply with standards in Table 2-18 Vertical Features and Landscaping Standards. (2) The minimum landscaped area shall be a minimum of 90% covered by shrubs (including ornamental grasses) or groundcover plants within 3 years. (3) Lawn and open areas of bark mulch are not allowed in required landscaped areas.
u) Permitted		(1) Bicycle parking, landscaping, outdoor tables and seating, permanent and temporary signage, light, and temporary / or day-time-only retail displays. (2) Driveways permitted in Front Yard. (3) Fire hydrants may be installed in Front Yards where required by the Fire Marshal.
v) Surface materials		(1) Permitted materials include pavers, brick, flagstone, scored concrete, compacted crushed rock, wood deck, wood boardwalk. (2) A porch may count toward the minimum paved area. The porch may be recessed or projecting. (3) Accessible route(s) with appropriate paving materials meeting current ADA standards shall be provided.
w) Vertical features	Required for each Front Yard	Required vertical features shall comply with spacing and other standards in Table 2-18, Vertical Features and Landscaping Standards and additional standards below.
Ground Floor Standards
x) Height of floor level, maximum	3 feet	(1) Maximum number of feet above Base Flood Elevation (BFE).
Parking Required
y) Required motorized vehicle parking, minimum	none
z) Residential vehicular parking, maximum	2 per lot
aa) Commercial vehicular parking, maximum	3 per lot
bb) Required bicycle parking	Residential	(1) 2 per unit.
	Public/Civic	(1) No requirement.
	Commercial	(1) 1 per 300 square feet (2) Bed and Breakfast: 2 plus 1 space per guest room.
Bicycle Parking Standards See page 23 of The Pattern Book
cc) Facility design		(1) Refer to section 12.06.030(I)1.
dd) Locational standards		(1) Refer to section 12.06.030(I)2.
Vehicular Parking Location
ee) Setback from Pine Street Edge	25 feet	(1) Refer to section 12.06.030(J) for accessible parking standards.
ff) Setback from Rear Lot Line	25 feet	(1) Per definitions, the Rear Lot Line shall be defined by the riparian setback.
gg) Setback from Side Lot Line	10 feet
Lighting See pages 46-49 of The Pattern Book
hh) Flex Zone	Optional	(1) Lighting may be provided overhead or low-height. (2) Low-height lighting may count toward the vertical features requirement.
ii) Front Yard	Required	(1) May be either overhead lighting, building-mounted lighting, low-height lighting, or a combination. (2) Minimum of two lights are required in the Front Yard of each property. (3) String lights count as one light. (4) Lighting may be incorporated into a porch. (5) Low-height lighting may count toward the vertical features requirement. (6) Exempt from this standard are properties facing SE Douglas Avenue and flag lots.
jj) Overhead lighting	Optional	(1) May be strung between poles or mounted on buildings, or both. (2) Light poles may count toward the vertical features requirement.
kk) Light cutoff	Required	(1) All lighting shall comply with Section 12.06.030(E) Lighting.

Architectural Standards. The purpose of this section is to ensure that alterations to historic structures and new development are consistent with the vision for Pine Street. New buildings and historic building alterations should retain the character of the Pine Street Waterfront Overlay and promote small-scale, pedestrian-oriented development. The Overlay, combined with The Pattern Book, addresses detailed building design standards for new construction and design guidelines for historic structures.

Table 2-20: Architectural Standards, New Buildings and Alterations
Requirement	Standard		Limitations & Qualifications
Requirement	Pine Street Edge or SE Douglas Avenue	Required Through Connection and Riparian Edge	Limitations & Qualifications
Applicability
a) Existing buildings	Unless stated otherwise, existing buildings are exempt from these standards.
b) Alterations to existing buildings	Unless stated otherwise, these standards apply to alterations and change in use.
Front Porch See pages 42-45 of The Pattern Book
c) Front Porch	Required	-	(1) Exempt from this standard are properties facing SE Douglas Avenue.
c) Minimum width	15 feet	-	(2) An attached porch may count toward the minimum paved area. See Table 2-18 Vertical Features and Landscaping Standards. (3) The porch may be recessed or projecting.
d) Minimum depth	8 feet	-
Ground Floor See pages 42-45 of The Pattern Book
e) Ground floor windows	60%	50%	(1) Applies to linear feet of façade
f) Primary building entrance	Required	Required	(1) Required for each building façade facing Pine Street. (2) Shall be located on the Pine Street façade or facing a required Through Connection. (3) Shall be directly connected to Pine Street.
g) Weather protection	Required	-	(1) Required at primary building entrance. (2) Building shall provide awning or canopy 40 square feet minimum, 4 feet minimum depth from face of façade. (3) A covered porch at the primary entrance can count towards this standard.

Table 2-21: Historic Building Options
Action	Requirement	Limitations and Qualifications
Rehabilitate, Remodel or Alter a Historic Building See pages 36-41 of The Pattern Book
• Alter or remodel a historic structure so that it complies with Chapter 12-040.090 Flood Plain Overlay. • Move a historic structure to another location on the same site so that it complies with Chapter 12-040.090. • Move a historic structure to another site within the PSWO so that it complies with Chapter 12-040.090. • Add a substructure to lift the historic building out of the flood plain.	Alterations and new construction shall comply with architectural design guidelines of The Pattern Book, which address: • Building shape and projections (massing and composition) • Roof shape • Details, including eaves, windows and doors, and porches • Materials	(1) Permitted without Historic Resource Review Commission (HRRC) approval as long as alterations or new construction meet standards set out in Pattern Book. (2) Minor projects, as defined in the HRRC Minor Project Review Standards, shall be reviewed by staff.
• Relocate a historic structure to a site not within the PSWO.	-	Requires Historic Resource Review Commission (HRRC) approval.
• Demolish a historic structure	-
New Construction
• Build a new structure on a vacant site.	New construction shall comply with Table 2-21 from Design Standards of this Chapter.	Permitted without HRRC approval.
• Add a new structure to a site occupied by a historic structure. • Attach a new structure to a historic building.	New construction shall comply with Table 2-21 from Design Standards of this Chapter.	(1) Requires HRRC approval. (2) Minor projects, as defined in the HRRC Minor Project Review Standards, shall be reviewed by staff.

Signage. The following language addresses signage within the PSWO.

Pine Street Edge Signage. While SE Douglas Avenue is the front door of the district, the Pine Street Edge is intended to have a uniquely different character. Controlling the size and appearance of signs will contribute to the small-scale, pedestrian-oriented character of Pine Street. Signs shall be scaled primarily for bike and pedestrian traffic and shall be visible from a distance of 100 feet.

Riparian Setback Signage. Signage along the riparian setback should be scaled for pedestrians, with a focus on double-sided signs.

Through Connection Signage. Signage along pedestrian paths serving multiple buildings on deep lots should be scaled for pedestrians, with a focus on double-sided signs.

Standards and Criteria.

The standards of Section 12.08.020 Signs apply, except as modified below.

Logos. Logos are allowed in addition to the permitted wall signs listed above, provided that 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 linear 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.

Illumination from Signs. External illumination shall be shielded so that the light source elements are not directly visible from residential uses within the Pine Street district.

Exempt Signs. Refer to section 12.08.020(C).

Prohibited Signs. Refer to section 12.08.020(D).

Permit Procedures. Refer to section 12.08.020(E).

Table 2-22: Sign Standards by Type See Pages 52-53 of The Pattern Book
Sign Type	Freestanding, Projecting or Attached Signs	Wall (including window signs) (1)
Where Permitted	Pine Street Edge (2) Douglas Street Through Connections (3) Riparian setback	Pine Street Edge Douglas Street Through Connections (3)
Maximum Width	3 feet	(1)
Maximum Height	12 feet	(1)
Maximum Sign Area per Face of Sign	5 square feet	15 square feet for Wall Sign (1)
Maximum Total Sign Area	30 square feet (4) (5)	50 square feet (4) and (5)

Notes
(1)	In the PSWO, Wall Signs refers to a sign painted on or attached to a building wall. Any hanging sign attached to a building eave, overhang or awning is limited to the same maximum width and maximum area as Freestanding or Projecting Signs.
(2)	Permitted in Front Yards facing the Pine Street Edge, and on buildings or in front setbacks facing Douglas Street.
(3)	Signs facing Through Connections shall not encroach into path width necessary for ADA access.
(4)	First Story Businesses facing Pine Street Edge, Douglas Street, or a Through Connection shall be permitted signage of 3 square feet per linear foot of building wall.
(5)	Second Story Businesses facing Pine Street Edge, Douglas Street, or a Through Connection shall be permitted signage of one and one-half square feet per linear foot of building wall.

(Ord. 3525, § 1, 6-24-2019)