TITLE 17 - Index (Chapters 16-24)

CHAPTER 17.16 SITE PLAN REVIEW

17.16.010 Applicability
17.16.020 Application Procedure
17.16.030 Submittal Requirements
17.16.040 Decision Criteria
17.16.050 Multi-Family and Group Residential Decision Criteria
17.16.053  Townhouse Project Decision Criteria
17.16.055 Large-Scale Light Industrial Uses
17.16.060 Effect of Approved Site Plan Review Permits
17.16.070 Expiration and Extension
17.16.080 Appeal

 

CHAPTER 17.17 LANDSCAPING AND DEVELOPMENT STANDARDS

17.17.010 Scope
17.17.020 Procedure
17.17.030 Contents of Landscaping Plan
17.17.040 General Landscaping Standards
17.017.050 City Entrances Landscaping and Development Standards
17.17.060 Violation

CHAPTER 17.18 VARIANCES

17.18.010 Purpose
17.18.020 Procedure
17.18.030 Criteria for Granting a Variance
17.18.040 Time Limits
17.18.050 Limitations of Re-application

CHAPTER 17.19 TOWNHOUSE PROJECTS

17.19.010 Applicable Zones
17.19.020 Standards
17.19.030 Townhouse Process

CHAPTER 17.20 TRANSPORTATION CIRCULATION AND ACCESS MANAGEMENT

17.20.010 Applicability
17.20.020 Definitions
17.20.030 Access Management Standards
17.20.040 Bicycle Parking
17.20.050 Standards for Transportation Improvements

17.20.060 Traffic Impact Analysis

CHAPTER 17.21 (THIS CHAPTER NUMBER INTENTIONALL LEFT BLANK)

CHAPTER 17.22 NATURAL RESOURCE OVERLAY

17.22.010 Requirements for Wetlands
17.22.020 Requirements for Riparian Corridors
17.22.030 Columbia River Infill Waterfront Area
17.22.040 Violations
17.22.050 Conflicts

CHAPTER 17.23 ACCESSORY DWELLING UNITS (ADU)

           17.23.010 General Requirements

CHAPTER 17.24 IN-LIEU PARKING FEE

17.24.010 Requirements for Wetlands
17.24.020 Requirements for Riparian Corridors

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CHAPTER 17.16 SITE PLAN REVIEW

Legislative History: Ord. 1774 (1999); Ord. 1816 (2001); Ord. 1994 (2011); Ord. 2002 (2011); Ord. 2036 (2017)

SECTIONS:
17.16.010 Applicability
17.16.020 Application Procedure
17.16.030 Submittal Requirements
17.16.040 Decision Criteria
17.16.050 Multi-Family and Group Residential Decision Criteria
17.16.053  Townhouse Project Decision Criteria
17.16.055 Large-Scale Light Industrial Uses
17.16.060 Effect of Approved Site Plan Review Permits
17.16.070 Expiration and Extension
17.16.080 Appeal

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17.16.010 Applicability.

A. A site plan review permit shall be required for the following circumstances:

1. New construction.
2. Expansion, remodel, or exterior alteration of any building or other structure.
3. Change of use.
4. Multi-family and group residential.
5. Removal or fill of over 5,000 cubic yards of land.
6. Townhouse projects for residential use with 4 or more townhouses in the R-2, R-3, and C-1 Zones.

B. Exemptions from site plan review are as follows;

1. Any activity that does not require a building permit and is not considered by the Director to be a change in use.
2. Any activity on the exterior of a building that does not exceed ten percent (10%) of the structure’s total cost, fair market value, or $75,000, whichever is less, as determined by the building official.
3. Interior work which does not alter the exterior of the structure or effect parking standards by increasing floor area.
4. Normal building maintenance including the repair or maintenance of structural members.
5. All residential development, except multi-family and group residential, as provided above.

17.16.020 Application Procedure.  The Planning Director shall review all site plan review applications.  However, if the Director determines that an application is unusually complicated or contentious due to site constraints or due to the complexity of the project, the Director may request the Planning Commission to review the application.

The City shall process a site plan review application in accordance with the following procedures:

A. Pre-Application Conference
1. An applicant for a site plan review permit shall meet with the City staff at a required pre-application conference to assist in the permit processing.
2. An applicant may submit an application for a site plan review permit at any time after completion of a required pre-application conference.  The applicant shall submit a complete application as specified in Submittal Requirements of this chapter, listed below.

B. Application Review.
1. Administrative Review
a. Upon receipt of a complete application, the Director may determine, based on the complexity of the proposal, that it is appropriate for City staff to review the application administratively and make a recommendation to the Director.  The final decision on an application is made by the Director based on the following:
(1) The recommendation of the City staff,
(2) Consideration of any public comments received; and
(3) The decision criteria in this chapter.
(a) Administrative site plan review will require an additional noticing requirement.  The Notice of Application shall be published in the local newspaper of record.
2. Quasi-Judicial Review
a. A site plan review application requiring Planning Commission review and decision shall be reviewed by City staff prior to the final decision by the Planning Commission in accordance with the following procedure:
b. The Director shall forward a completed application to City staff.
c. City staff shall consider the application and make recommendation to the Director.
d. The Director shall review the staff recommendation and determine the major issues and specific aspects of the project, which the Planning Commission should review.
e. The Planning Commission shall review the application in relationship to staff recommendations.  The Planning Commission shall consider the application at a public meeting.
f. The Planning Commission will make the final decision based on the following:
(1) The recommendation of City staff;
(2) Consideration of any public comments received;
(3) The decision criteria in this chapter.

17.16.030 Submittal Requirements.  The site plan shall be drawn to scale and indicate all of the following:

1. Dimensions and orientation of the parcel.
2. Locations and heights of buildings and structures, both existing and proposed.  Scaled elevation drawings and photographs shall be required.
3. Location and layout of parking and loading facilities, including bicycle parking as required pursuant to 17.20.040;
4. Location of points of entry and exit for pedestrians and motor vehicles, and internal circulation patterns in compliance with the requirements of Chapter 17.20.
5. Location of existing and proposed walls and fences and indication of their height and materials.
6. Proposed location and type of exterior lighting.
7. Proposed location and size of exterior signs.
8. Site specific landscape plan including percentage of total net area.
9. Location and species of trees greater than six (6) inches in diameter when measured four (4) feet above the ground and an indication of which trees are to be removed.
10. Contours mapped at two (2) foot intervals. (five [5] foot contours may be allowed on steep slopes).
11. Natural drainage.
12. Other significant natural features.
13. Legal description of the lot.
14. Percentage of the lot covered by any and all proposed and remaining structures to include asphalt concrete and Portland Cement Concrete.
15. Locations and dimensions of all easements and nature of the easements.
16. Service areas for uses such as loading and delivery.
17. Grading and drainage plan.
18. Other site elements that will assist in the evaluation of site development.
19. A statement of operations with a brief narrative on the nature of the activity, including
a. Number of employees;
b. Method of import and export;
c. Hours of operation including peak times; and
d. Plans for future expansion.

17.16.040 Decision Criteria.  These criteria apply to all site plan review except Multi-Family and Group Residential projects which are subject to HRMC 17.16.050, Townhouse projects with townhouse buildings of 4 or more townhouses in the R-3 and C-1 Zones or townhouse projects in C-2 Zone which are subject to HRMC 17.16.053, and Large Scale Light Industrial Uses which are subject to HRMC 17.16.055.

A. Natural Features:  Significant natural features shall be protected to the maximum extent feasible.  Where existing natural or topographic features are present, they shall be used to enhance the development.  The use of small streams in the landscaping design shall be encouraged rather than culvert and fill.  Existing trees and large woody plants shall be left standing except where necessary for building placement, sun exposure, safety, or other valid purpose.  Vegetative buffers should be left along major street or highways, or to separate adjacent uses. The use should have minimal adverse impacts on the land and water quality.  Possible impacts to consider may include pollution, soil contamination, siltation, and habitat degradation or loss.

B. Air Quality:  The use shall have minimal or no adverse impact on air quality. Possible impacts to consider include smoke, heat, odors, dust, and pollution.

C. Grading:  Any grading, contouring, on-site surface drainage, and/or construction of on-site surface water storage facilities shall take place so that there is no adverse effect on neighboring properties, public rights-of-way, or the public storm drainage system.  Graded areas shall be replanted as soon as possible after construction to prevent erosion.  A construction erosion control plan shall be required.

D. Public Facilities:  Adequate capacity of public facilities for water, sanitary sewers, storm drainage, fire protection, streets, and sidewalks shall be provided to the subject parcel.  Development of on-site and off-site public facilities necessary to serve the proposed use shall be consistent with the Comprehensive Plan and any adopted public facilities plan(s).  Underground utilities shall be required.  Connection to Oregon Department of Transportation (ODOT) stormwater facilities will require a permit from ODOT District 2C.  On-site detention or treatment of stormwater may be required by ODOT.

E. Traffic and Circulation:  The following traffic standards shall be applicable to all proposals:
1. Traffic Impact Analysis:  The applicant will be required to provide a Traffic Impact Analysis prepared by an Oregon licensed traffic engineer or a Transportation Assessment Letter pursuant to Section 17.20.060.


F. Storage:  All outdoor storage areas and garbage collection areas shall be screened through the use of vegetative materials or appropriate fencing.

G. Equipment Storage:  Design attention shall be given to the placement or storage of mechanical equipment so as to be screened from view and that an adequate sound buffer will be provided to meet, at a minimum, the requirements of the noise ordinance.
H. Compatibility:  The height, bulk, and scale of buildings shall be compatible with the site and buildings in the surrounding area.  Use of materials should promote harmony with surrounding structures and sites.

I. Design:  Variety of detail, form, and siting should be used to provide visual interest.  A single uninterrupted length of facade shall not exceed 100 feet. Buildings shall utilize at least three (3) of the following architectural elements to provide architectural variety:
1. Massing
2. Offsets
3. Materials
4. Windows
5. Canopies
6. Pitched or terraced roof forms
7. Other architectural elements 

J. Orientation:  Buildings shall have their orientation toward the street rather than the parking area, whenever physically possible.

K. Parking:  Parking areas shall be located behind buildings or on one or both sides, whenever physically possible.

17.16.050 Multi-Family and Group Residential Decision Criteria.

A. Natural Features:  Significant natural features shall be protected to the maximum extent feasible.  Where existing natural or topographic features are present, they shall be used to enhance the development.  The use of small streams in the landscaping design shall be encouraged rather than culvert and fill.  Existing trees and large woody plants shall be left standing except where necessary for building placement, sun exposure, safety, or other valid purpose.  Vegetative buffers should be left along major street or highways, or to separate adjacent uses. The use should have minimal adverse impacts on the land and water quality.  Possible impacts to consider may include pollution, soil contamination, siltation, and habitat degradation or loss.

B. Grading:  Any grading, contouring, on-site surface drainage, and/or construction of on-site surface water storage facilities shall take place so that there is no adverse effect on neighboring properties, public rights-of-way, or the public storm drainage system.  Graded areas shall be replanted as soon as possible after construction to prevent erosion.  A construction erosion control plan shall be required.

C. Public Facilities:  Adequate capacity of public facilities for water, sanitary sewers, storm drainage, fire protection, streets, and sidewalks shall be provided to the subject parcel.  Development of on-site and off-site public facilities necessary to serve the proposed use shall be consistent with the Comprehensive Plan and any adopted public facilities plan(s).  Underground utilities shall be required.  Connection to Oregon Department of Transportation (ODOT) stormwater facilities will require a permit from ODOT District 2C.  On-site detention or treatment of stormwater may be required by ODOT.

D. Traffic and Circulation:  The following traffic standards shall be applicable to all proposals:
1. Traffic Impact Analysis:  The applicant will be required to provide a traffic impact analysis prepared by an Oregon licensed traffic engineer or a Transportation Assessment Letter pursuant to Section 17.20.060 unless waives by the City Engineer.     

E. Storage:  All outdoor storage areas and garbage collection areas shall be screened through the use of vegetative materials or appropriate fencing.

F. Equipment Storage:  Design attention shall be given to the placement or storage of mechanical equipment so as to be screened from view and provide a sound buffer that meets the minimum requirements of the noise ordinance.

G. Design:  Variety of detail, form, and siting should be used to provide visual interest.  A single uninterrupted length of facade shall not exceed 100 feet. Buildings shall utilize at least three (3) of the following architectural elements to provide architectural variety:
1. Massing
2. Offsets
3. Materials
4. Windows
5. Canopies
6. Pitched or terraced roof forms
7. Other architectural elements 

H. Orientation:  Buildings shall have their orientation toward the street rather than the parking area, whenever physically possible.

I. Parking:  Parking areas shall be located behind buildings or on one or both sides, whenever physically possible.

17.16.053 Townhouse Project Decision Criteria
Decision Criteria for townhouse projects for residential use with 4 or more townhouses in the R-2, R-3, and C-1 Zones:

A.  Compliance with Townhouse Standards:  The proposed townhouse project complies with the townhouse standards in HRMC 17.19, the requirements of the applicable zone and other applicable requirements of this Title.

B.  Grading:  Any grading, contouring, on-site surface drainage, and/or construction of on-site surface water storage facilities shall be in accordance with Section 4.3 Grading and Erosion Control of the City’s adopted Engineering Standards. Graded areas shall be replanted as soon as possible after construction to prevent erosion.

C.  Transportation Circulation and Access Management:  The application is in compliance with the applicable requirements of Chapter 17.20 including provision of a Traffic Impact Analysis or a Transportation Assessment Letter pursuant to Section 17.20.060 unless waived by the City Engineer.

 D. Storage:  All outdoor storage areas and garbage collection areas shall be screened through the use of vegetative materials or appropriate fencing.

17.16.055 Large-Scale Light Industrial Uses

A.  PURPOSE
The following design standards apply to buildings for industrial office uses of more than 25,000 square feet of gross floor area.  These standards are applied to enhance and take into account the visual character of the surrounding area; provide permanence; contribute to a safe, high quality pedestrian-oriented streetscape; and encourage high quality architectural design for large light industrial buildings.

B.   BUILDING DESIGN STANDARDS
1. Use high quality and long-lasting building materials (e.g. brick, tilt-up concrete, masonry, etc).  Metal roofs and metal as an accent exterior finish material may be used.
2. Highlight main entrances with architectural features (e.g. windows, recesses, canopies, etc) and provide protection from natural elements.
3. Use ground floor windows or product display niches on elevations that border public streets.
4. Vary roof lines on building elevations facing streets with differing materials and/or varied parapet heights.
5. Provide architectural interest and variety on building elevations adjacent to public streets through the use of scoring, changes in materials, and the use of a variety of finishes such as wood, brick and concrete block.

C.  SITE DESIGN STANDARDS
1. Provide a safe, all-weather, efficient, and aesthetic pedestrian circulation system serving the site, including connecting parking areas with building entries and public sidewalks. Materials shall include but not be limited to: scored concrete, pavers (asphalt or otherwise), or similar materials.
2. Screen service and loading areas from streets, pedestrian circulation areas, open space areas, and adjacent parcels.
3. Minimize the visual impact of all exterior components of communications, plumbing, power, processing, heating, cooling and ventilating systems from adjoining streets, parcels, buildings, and open space areas. These components shall be screened to minimize visibility from the sidewalk or edge of pavement on the other side of the street.

17.16.060 Effect of Approved Site Plan Review Permit.  No building or development of any sort shall occur to the approved site plan review permit except as follows:

1. Minor adjustments to an approved site plan review permit may be made after review and approval by the Director.  Minor adjustments are those that entail minor changes in dimensions or siting of structures and location of public amenities, but do not entail changes to the intensity or character of the use.
2. Major adjustments to an approved site plan review permit require a new or amended application, as determined by the Director.  Major adjustments are those that change the basic design, intensity, density, use, and the like.

17.16.070 Expiration and Extension

A. The site plan review permit is valid for a period of two (2) years from the written Notice of Decision, or the decision on an appeal, whichever is later.
 
B. A single one (1) year extension may be granted by the Director prior to the expiration date if the applicant can demonstrate that circumstance or conditions not known, or foreseeable, at the time of original application warrant an extension of the permit.  The extension request must be received by the department no later than thirty (30) days prior to the expiration of the permit.

17.16.080 Appeal.  Final decisions on site plan review may be appealed in accordance with the provisions of Appeal Procedures (Chapter 17.09).


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CHAPTER 17.17 LANDSCAPING AND DEVELOPMENT STANDARDS

SECTIONS:
17.17.010 Scope
17.17.020 Procedure
17.17.030 Contents of Landscaping Plan
17.17.040 General Landscaping Standards
17.17.050 City Entrance Landscaping and Development Standards
17.17.060 Violation

 

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17.17.010 Scope

A. Landscaping standards apply to all new multifamily, commercial, industrial uses, change of use, parking lots of four (4) spaces or more, public facilities and conditional uses.

B. For sites that do not conform to these requirements, an equal percentage of the site must be made to comply with these standards as the percentage of building or parking lot expands, e.g. if the building or parking lot area is to expand by twenty-five percent (25%), then twenty-five percent (25%) of the site must be brought up to the standards required by this ordinance.

17.17.020 Procedure 

A. A preliminary or conceptual landscaping plan shall be submitted to the planning Director at the time of application.  The Planning Director shall review all landscaping plans for compliance with the provisions of this ordinance and notify the property owner of deficiencies in a submitted plan.

B. A building permit shall not be issued until a final landscaping plan has been approved by the Planning Director.

C. The required landscaping shall be in place prior to issuance of a certificate of occupancy.

D. A property owner shall be responsible for the establishment and maintenance of landscaping.  All required landscaped areas shall be maintained according to the approved landscaping plan. 

17.17.030 Contents of Landscaping Plan.  A landscaping plan submitted to the Planning Director as required by this ordinance shall identify the placement and type of plant materials to provide an effective means for evaluating whether the chosen plant materials will:

1. Survive in the climate and soils of the proposed site; and
2. Satisfy the functional objectives of landscaping as detailed in this ordinance, including erosion control, screening, and shade, within a reasonable time. 


17.17.040 General Landscaping Standards.  The following landscaping standards shall apply:

1. The property owner shall be responsible for any future damage to a street, curb, or sidewalk caused by landscaping.
2. Landscaping shall be selected and located to deter sound, filter air contaminants, curtail erosion, contribute to living privacy, reduce the visual impacts of large buildings and paved areas, screen, and emphasize or separate outdoor spaces of different uses or character.
3. Landscaping in parking areas shall be planted in combination along the perimeter and in the interior of the lot and shall be designed to guide traffic movement and lessen the visual dominance of the lot.
4. Plants that minimize upkeep and maintenance shall be selected. 
5. Plants shall complement or supplement surrounding natural vegetation and fit the climate.
6. Plants chosen shall be in scale with building development.
7. Minimum landscaping as a percent of gross site area shall be as follows:

 

ZONE/USE
PERCENT
1 Central Business District (excluding parking lots)
5%
Commercial
15%
Conditional Use – Residential Zone
20%
Conditional Use – All other zones
15%
2 The Heights Business District (excluding parking lots)
5%
Industrial
10%
Multifamily
20%
Public Facilities
15%
Parking lots Requirement of base zone or use, as listed above
1,2 The Central Business District and The Heights Business District as defined in Section 17.01.060 - Definitions

 

8. Deciduous trees shall have straight trunks, be fully branched, have a minimum caliper of one and one-half (1½) inches and be adequately staked for planting.
9. Evergreen trees shall be a minimum of three (3) feet in height, fully branched and adequately staked for planting.
10. Shrubs shall be a minimum eighteen (18) inches in height and spaced not more than four (4) feet apart for planting.
11. Ground cover, defined as living material and not including bark chips or other mulch, shall be planted on a maximum eighteen (18) inches on center between plants and rows.
12. Watering systems shall be installed to assure landscaping success.  If plantings fail to survive, it is the responsibility of the property owner to replace them.
13. Trees shall not be planted closer than twenty-five (25) feet from the curb line of intersections of streets or alleys, and not closer than ten (10) feet from private driveways (measured at the back edge of the sidewalk), fire hydrants, or utility poles.
14. Street trees shall not be planted closer than twenty (20) feet to light standards.  Except for public safety, no new light standard location should be positioned closer than ten (10) feet to any existing street tree, and preferably, such locations will be at least twenty (20) feet distant.
15. Trees shall not be planted closer than two and one-half (2½) feet from the face of the curb except at intersections, where it should be five (5) feet from the curb in a curb return area.
16. Where there are overhead power lines, tree species that will not interfere with those lines shall be chosen.
17. Trees shall not be planted within two (2) feet of any permanent hard surface paving or walkway.  Sidewalk cuts in concrete for trees shall be at least four (4) feet by four (4) feet; however, larger cuts are encouraged because they allow additional air and water into the root system and add to the health of the tree.  Space between the tree and such hard surface may be covered by permeable non-permanent hard surfaces such as grates, bricks on sand, paver blocks, cobblestones, or ground cover.
18. Trees, as they grow, shall be pruned to their natural form to provide at least eight (8) feet of clearance above sidewalks and twelve (12) feet above street roadway surfaces.
19. Existing trees may be used as street trees if there will be no damage from the development which will kill or weaken the tree.  Sidewalks of variable width and elevation may be utilized to save existing street trees, subject to approval by the City Engineer.
20. Vision clearance hazards shall be avoided.  Refer to Diagram “A” – Vision Clearance, Section 17.09.040.
21. City or State right-of-way(s) can not be used to satisfy the required landscaping requirement.
22. Landscaping in the Central Business district and the Heights Business District can include street amenities such as park benches and planter boxes.

17.17.050 City Entrances Landscaping and Development Standards.  The following standards will be required for new commercial, multi-family, industrial uses, including change of use, and parking lots of four (4) spaces or more on properties within the designated entrances to the City of Hood River.

For sites which do not conform to these requirements, an equal percentage of the site must be made to comply with these standards as the percentage of building or parking lot expansion, e.g., if building or parking lot area is to expand by twenty-five percent (25%), then twenty-five percent (25%) of the site must be brought up to the standards required by this ordinance.

A. Entrances.
1. West:  Parcels fronting along Highway 30 between and including the intersection of 13th Street and Highway 30 to the intersection of Country Club Road and Highway 30.
2. South: Parcels fronting 12th Street from the northern intersection of Brookside Drive/Eliot Road and 12th Street to the southern intersection of Belmont Drive and 12th Street.
3. East:  Parcels including the northern intersection of the Old Columbia River Highway and Highway 35 to and including the intersection of Front Street and State Avenue, excluding lands within the Urban Renewal District which have been addressed in this streetscape plan.
4. North:  Parcels including the intersection of Oak Avenue and Second Street and along the 2nd Street extension to and including its intersection with Portway Avenue excluding lands within the Urban Renewal District which have been addressed in its streetscape plan. 

B. Standards.
1. An average ten (10) foot wide landscaped area, at minimum, shall be planted along the perimeter of the parcel fronting the street right-of-way as part of the landscape requirement.
2. Street trees shall be placed at the rate of one tree for every thirty (30) feet of street frontage.  Trees shall be evenly spaced with variations to the spacing permitted for specific site limitations such as driveway approaches.

17.17.060 Violation.  Failure to comply with the standards subsequent to issuance of the building permit for new construction shall constitute a violation of these regulations and be subject to the penalty and abatement proceedings in the Severability – Penalties chapter (Chapter 17.10).

 

CHAPTER 17.18 VARIANCES

SECTIONS:
17.18.010 Purpose
17.18.020 Procedure
17.18.030 Criteria for Granting a Variance
17.18.040 Time Limits
17.18.050 Limitations of Reapplication

 

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17.18.010 Purpose.  Where physical difficulties, unnecessary hardship, and results inconsistent with the general purpose of this Title may result from the strict applications of certain provisions thereof, a variance may be granted as provided in this Chapter.  This Chapter may not be used to allow a use that is not in conformity with the uses specified by this Title for the zone in which the land is located.  In granting a variance, the City may impose conditions similar to those provided for conditional uses to protect the best interests of the surrounding property and property owners, the neighborhood, or the City as a whole.

17.18.020 Procedure.  The procedure for taking action in a variance application shall be as follows:

1. The property owner may initiate a request for a variance by filing an application with the Planning Director.  The applicant shall submit a complete application as specified in the Application and Plan Requirements (Section 17.06.020).
2. The application shall include a statement and evidence showing that all of the criteria in Section 17.18.030 are met.
3. Before the Planning Commission may act on a variance application, it shall hold a public hearing following procedures established in Review Procedures: Quasi-Judicial Actions (Section 17.09.040).

17.18.030 Criteria for Granting a Variance.  A variance may be granted if it meets all of the following criteria:

1. There are unique or unusual circumstances which apply to the site which do not typically apply elsewhere.
2. The proposal’s benefits will be greater than any negative impacts on the development of the adjacent lawful uses; and will further the purpose and intent of this title and the Comprehensive Plan of the City.
3. The circumstances or conditions have not been willfully or purposely self-imposed.
4. The variance requested is the minimum variance which would alleviate the hardship.

17.18.040 Time Limits.  A variance is valid for a period of two (2) years from the written Notice of Decision, or the decision on an appeal, whichever is later. 

A single one (1) year extension may be granted by the Director prior to the expiration date if the applicant can demonstrate that circumstance or conditions, not known or foreseeable at the time of original application, warrant an extension of the permit.  The extension request must be received by the department no later than thirty (30) days prior to the expiration of the permit.

17.18.050 Limitations of Re-application.  No reapplication of a property owner for a variance shall be considered by the Planning Commission within a six (6) months period immediately following a previous denial of such request.

 

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 CHAPTER 17.19 TOWNHOUSE PROJECTS


Legislative History:   Ord. 1774 (1999); Ord. 1806 (2001); Ord. 1903 (2006); Ord. 2036 (2017)

SECTIONS:
17.19.010 Applicable Zones
17.19.020 Standards
17.19.030 Townhouse Process

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17.19.010 Applicable Zones

A.  Townhouse Projects are permitted in the following zones:
1.  R-2 with no more than 2 townhouses
2.  R-3 with 3 or fewer townhouses
3.  C-1 with 3 or fewer townhouses

B.   Townhouse Projects with 4 or more townhouses are subject to site plan review in the R-2, R-3 and C-1 Zones.

C.  Townhouse Projects are subject to conditional use review in the C-2 Zone.


17.19.020 Standards.  The standards of the applicable zoning district apply except where superseded by the standards of this section.

A. Site Development Standards. The following site development standards apply to all townhouse projects.  

1.  Townhouse projects require a minimum lot or parcel size of 5,000 square feet. 
2.  Each townhouse building shall contain:
a.  No more than two (2) attached townhouses in the R-2 zone;
b.  No more than four (4) attached townhouses in the R-3 and C-1. 

3.  Maximum residential density is calculated as follows:
a.  In the R-2 zone, a minimum of 5,000 square feet per townhouse building.
b.  In the R-3 and C-1  Zones, a minimum of 5000 square feet for the first two (2) townhouses and a minimum 1500 square feet for each additional townhouse.

4.  The minimum lot size permitted per townhouse:
a.  In the R-2 zone, no townhouse lot may be less than 2,100 square feet.
b.  In the R-3, C-1, and C-2 zones, there is no minimum townhouse lot size.

5.  Minimum lot frontage:  The minimum lot frontage standard of the applicable zoning district is not applicable for townhouse lots.

6.  Lot Coverage: Subject to HRMC 17.04.120.

7.   As a part of an application for a townhouse project, an applicant may request an exception to the standards in HRMC 17.04.020, Access for townhouse projects which have alley access. The City may approve the exception when all of the following standards are met:
a.  The proposed access plan is approved by the City Fire and Engineering Departments;
b.  The alley has been dedicated to the City for public access;
c.  The alley has a minimum hard surface width of 10 feet;
d.  The applicant provides a Traffic Impact Analysis or Traffic Assessment Letter demonstrating that the alley has adequate capacity for the proposed use; and,
e.  A hard-surfaced path with a minimum width of 6 feet is provided between the public street and any townhouse unit that obtains vehicular access from the alley. 
In addition, address signage meeting City standards shall provide directions from the public street to any alley-accessed townhouse.  And, any on site fencing adjacent to the path shall not exceed four-feet tall.  The path and signage ensure safe access for emergency service providers.

B.  Setbacks. The setback requirements of the applicable zone shall be applied to the townhouse building(s) except that the setback for the common wall on a townhouse is reduced to zero (0).

C.  Maximum Building Height.  The maximum building height requirements of the applicable zone shall be applied to the townhouse building(s).

D.  Parking Regulations.  The parking requirements of the applicable zone shall be applied to the townhouse building(s). 

E.  Additional Standards.
1.  If a townhouse building is destroyed in any manner, it shall be replaced with the same or less number of units or the parcels shall be legally combined to create a parcel(s) meeting the minimum lot size of the underlying zone.
 
2.   In addition to obtaining a building permit for a townhouse building, the owner shall obtain approval for a partition or subdivision pursuant to Title 16 – Land Divisions.

17.19.030 Townhouse Process.  A townhouse shall be processed as a partition, pursuant to the provisions of Title 16 – Land Divisions.

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CHAPTER 17.20 TRANSPORTATION CIRCULATION AND ACCESS MANAGEMENT

SECTIONS:
17.20.010 Applicability
17.20.020 Definitions
17.20.030 Access Management Standards
17.20.040 Bicycle Parking
17.20.050 Standards for Transportation Improvements

17.20.060 Traffic Impact Analysis  

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17.20.010 Applicability.  This chapter implements the City’s adopted Transportation System Plan and the requirements of the Transportation Planning Rule (OAR 660-12).  The standards of this chapter are applicable to all proposed improvements to the public transportation system and to all development on the public transportation system.

17.20.020 Definitions.  This section incorporated into Section 17.01.060 – Definitions.

17.20.030 Access Management Standards.  This section shall apply to all development on arterials and collectors within the City and UGA and to all properties that abut these roadways as part of site plan review process (Chapter 17.16).  Within the Interchange Area Management Plan Overlay Zone’s “Access Management Blocks,” this section also applies to local streets and roads and abutting properties.

A. Site Plan Review Procedures.  All site plans are required to be submitted for review pursuant to the provisions of this title and shall show:
1. Location of existing and proposed access point(s) on both sides of the road where applicable;
2. Distances to neighboring constructed access points, median openings (where applicable), traffic signals (where applicable), intersections, and other transportation features on both sides of the property;
3. Number and direction of lanes to be constructed on the driveway plus striping plans;
4. All planned transportation features (such as sidewalks, bikeways, auxiliary lanes, signals, etc.);
5. Parking and internal circulation plans including walkways and bikeways; and
6. A detailed description of any requested variance and the reason the variance is requested.


B. Criteria.  All site plans shall comply with the following access criteria:
1. All proposed roads shall follow the natural topography and preserve natural features of the site as much as possible.  Alignments shall be planned to minimize grading.
2. Access shall be properly placed in relation to sight distance, driveway spacing, and other related considerations, including opportunities for joint and cross access.
3. The road system shall provide adequate access to buildings for residents, visitors, deliveries, emergency vehicles, and garbage collection.
4. An internal pedestrian system of sidewalks or paths shall provide connections to parking areas; entrances to the development; and open space, recreational, and other community facilities associated with the development.  Streets shall have sidewalks on both sides.  Pedestrian linkages shall also be provided to the peripheral street system.
5. The access shall be consistent with the access management standards adopted in the Transportation System Plan.
6. Any application that involves access to the State Highway System shall be reviewed by the Oregon Department of Transportation for conformance with state access management standards.

C. Standards.
1. Access Spacing:  Driveway accesses shall be separated from other driveways and street intersections in accordance with the standards and procedures of Chapter 13.28.
2. Joint and Cross Access:
a. Adjacent commercial or office properties classified as major traffic generators (e.g. shopping plazas, office parks), shall provide a cross access drive and pedestrian access to allow circulation between sites.
b. A system of joint use driveways and cross access easements shall be established wherever feasible and shall incorporate the following:
(1) A continuous service drive or cross access corridor extending the entire length of each block served to provide for driveway separation consistent with the access management classification system and standards.
(2) A design speed of ten (10) mph and a maximum width of twenty (20) feet to accommodate two-way travel aisles designated to accommodate automobiles, service vehicles, and loading vehicles;
(3) Stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross-access via a service drive; and
(4) A unified access and circulation system plan for coordinated or shared parking areas is encouraged.
c. Shared parking areas shall be permitted a reduction in required parking spaces if peak demands do not occur at the same time periods.
d. Pursuant to this section, property owners shall
(1) Record an easement allowing cross access to and from other properties served by the joint use driveways and cross access or service drive;
(2) Record an agreement that remaining access rights along the roadway will be dedicated to the City and pre-existing driveways will be closed and eliminated after construction of the joint-use driveway;
(3) Record a joint maintenance agreement defining maintenance responsibilities of property owners.
e. The City may reduce required separation distance of access points where they prove impractical, provided all of the following requirements are met:
(1) Joint access driveways and cross access easements are provided in accordance with this section.
(2) The site plan incorporates a unified access and circulation system in accordance with this section.
(3) The property owner enters into a written agreement with the city, which shall be recorded with respect to the subject property, agreeing that pre-existing connections on the site will be closed and eliminated after construction of each side of the joint use driveway; and
(4) The City Engineer may modify or waive the requirements of this section where the characteristics or layout of abutting properties would make a development of a unified or shared access and circulation system impractical.
3. Driveway Design:  Driveways shall be designed pursuant to the requirements of Chapter 13.28.
4. Requirements for Phased Development Plans:
a. In the interest of promoting unified access and circulation systems, development sites under the same ownership or consolidated for the purposes of development and comprised of more than one (1) building site shall be reviewed as single properties in relation to the access standards of this ordinance.  The number of access points permitted shall be the minimum number necessary to provide reasonable access to these properties, not the maximum available for that frontage.  All necessary easements, agreements, and stipulations shall be met.  This shall also apply to phased development plans.  The owner and all lessees within the affected area are responsible for compliance with the requirements of this ordinance and both may be cited for any violation.
b. All access must be internalized using the shared circulation system of the principal development or retail center.  Driveways shall be designed to avoid queuing across surrounding parking and driving aisles.
5. Nonconforming Access Features:  Legal access connections in place as of November 2001 that do not conform with the standards herein are considered nonconforming features and shall be brought into compliance with applicable standards pursuant to the requirements of 13.28.
6. Reverse Frontage:  Lots that front on more than one (1) street shall be required to locate motor vehicle accesses on the street with the lower functional classification.

D. Access within Interchange Area Management Plan (IAMP) Overlay Zone.  In addition to the standards and requirements of the Transportation Circulation and Access Management section of this ordinance (Section 16.12 and Section 17.20), parcels wholly or partially within an adopted IAMP Overlay Zone are subject to the Access Management Plan in the applicable IAMP (Exit 62 or Exit 63/64). The following applies to land use and development applications for parcels within an adopted IAMP Overlay Zone that are subject to Chapter 17.16 Site Plan Review or Title 16 Subdivisions and, that are shown as part of an “Access Management Block” subject to the recommendations of the Access Management Plan (see Figure 9, Access Management Blocks, in the Exit 62 IAMP and Figures 10 and 11, Access Management Blocks, in the Exit 63 and 64 IAMP).

1. Access Approval.
a. Access to streets and roads within the IAMP Overlay Zone shall be subject to joint review by the City and the Oregon Department of Transportation (ODOT) and, where applicable, by Hood River County.  Coordination of this review will occur pursuant to Section 17.03.120.D. and consistent with requirements of Title 16.12, when applicable.
b. Approval of an access permit is an Administrative Action and is based on the standards contained in this Section, the provisions of Sections 17.20.030. B. and C., and the Access Management Plan in the applicable IAMP.  Where the recommendations of the Access Management Plan conflict with other access management and spacing requirements in Section 17.20.030 of the Zoning Ordinance, the applicable IAMP Access Management Plan shall govern.  

2. Cross Access Agreement.
a. Prior to approving access for tax lots that are identified in the Access Management Plan of the applicable IAMP, the City shall require that:
(1) The applicant demonstrate how cross access can be accomplished for sites contiguous to the subject property or properties, consistent with the circulation and planned local street network shown in the IAMP;
(2) If access across an adjacent parcel or parcels is necessary for the development of the subject site, a signed cross access agreement is submitted with the application; and,
(3). For applications reviewed as part of a subdivision approval process, necessary cross access easements are shown and recorded on the final plat. Access widths shall be consistent with City Public Works standards unless based on a Transportation Impact Study, developed pursuant to Section 17.20.060.C.2 and approved by the City Engineer or his/her designee.

3. Frontage Improvements to Public Streets.  Development application approval will require public street frontage improvements pursuant to the Access Management Plan in the applicable IAMP and City requirements for constructing public improvements, including those in Subdivision Ordinance Section 16.12.060, Public Facilities Standards.

17.20.040 Bicycle Parking.  All uses that are subject to Site Design Review shall provide bicycle parking, in conformance with the standards in Table 17.20-40-A, and subsections A-H, below.

A. Minimum Required Bicycle Parking Spaces. Uses shall provide long- and short-term bicycle parking spaces, as designated in Table 17.20.40-A. Where two options are provided (e.g., 2 spaces, or 1 per 8 bedrooms), the option resulting in more bicycle parking shall be used.

Table 17.20.40-A Minimum Requirements for Bicycle Parking Spaces

Use Categories

Specific Uses

Long-term Spaces

(Covered or Enclosed)

Short-term Spaces

(Near Building Entry)

Residential Categories

 

 

 

Household Living

Multifamily

1 per 4 units

2, or 1 per 20 units

Group Living

 

2, or 1 per 20 bedrooms

None

 

Dormitory

1 per 8 bedrooms

 

Commercial Categories

 

 

 

Retail Sales and Services

 

2, or 1 per 12,000 sq. ft. of floor area

2, or 1 per 5,000 sq. ft. of floor area

 

Lodging

2, or 1 per rentable rooms

2, or 1 per 20 rentable rooms

Office

 

2, or 1 per 10,000 sq. ft. of floor area

2, or 1 per 40,000 sq. ft. of floor area

Commercial Outdoor Recreation

 

8, or 1 per 20 motor vehicle spaces

None

Major Event Entertainment

 

8, or 1 per 40 seats or per CU Review

None

Industrial Categories

 

 

 

Manufacturing and Production

 

2, or 1 per 15,000 sq. ft. of floor area

None

Warehouse and Freight Movement

 

2, or 1 per 40,000 sq. ft. of floor area

 

Institutional Categories

 

 

 

Basic Utilities

Transit center

8

None

Community Service

 

2, or 1 per 10,000 sq. ft. of floor area

2, or 1 per 10,000 sq. ft. of floor area

 

Park and ride

8, or 5 per acre

None

Parks (active recreation areas only)

 

None

8, or per CU Review

Schools

Grades 2-5

1 per classroom, or per CU Review

1 per classroom, or per CU Review

 

Grades 6-12

2 per classroom, or per CU Review

4 per school, or per CU Review

Colleges

Excluding dormitories (see Group Living, above)

2, or 1 per 20,000 sq. ft. of net building area, or per CU Review

2, or 1 per 10,000 sq. ft. of net building area, or per CU Review

Medical Centers

 

2, or 1 per 70,000 sq. ft. of net building area, or per CU Review

2, or 1 per 40,000 sq. ft. of net building area

Religious Institutions and Places of Worship

 

2, or 1 per 4,000 sq. ft. of net building area

2, or 1 per 2,000 sq. ft. of net building area

Daycare

 

2, or 1 per 10,000 sq. ft. of net building area

None

Other Categories

 

 

 

Other uses

Determined through Land Use Review, Site Design Review, or Conditional Use (CU) Review, as applicable

B. Exemptions. Section 17.20.040 does not apply to single-family and two-family housing (attached, detached, or manufactured housing) or home occupations.

C. Location and Design. Bicycle parking should be no farther from the main building entrance than the distance to the closest vehicle space, or 50 feet, whichever is less. Long-term (i.e., sheltered) bicycle parking should be incorporated whenever possible into building design. Short-term bicycle parking, when allowed within a public right-of-way, should be coordinated with the design of street furniture, as applicable. Racks shall allow frames and wheels to be locked. Shared facilities will be allowed.

D. Visibility and Security. Bicycle parking for customers and visitors of a use shall be visible from street sidewalks or building entrances, so that it provides sufficient security from theft and damage.

E. Options for Storage. Long-term bicycle parking requirements for multiple family uses and employee parking can be met by providing a bicycle storage room, bicycle lockers, racks, or other secure storage space inside or outside of the building, including beneath roof overhangs and awnings.

F. Lighting. For security, bicycle parking shall be at least as well lit as vehicle parking.

G. Reserved Areas. Areas set aside for bicycle parking shall be clearly marked and reserved for bicycle parking only.

H. Hazards. Bicycle parking shall not impede or create a hazard to pedestrians. Parking areas shall be located so as to not conflict with vision clearance areas (see Diagram “A” – 17.04.090).

17.20.050 Standards for Transportation Improvements

A. Permitted Uses.  Except where otherwise specifically regulated by this ordinance, the following improvements are permitted outright:
1. Normal operation, maintenance, repair, and preservation activities of existing transportation facilities.
2. Installation of culverts, pathways, medians, fencing, guardrails, lighting, and similar types of improvements within the existing right-of-way.
3. Projects specifically identified in the Transportation System Plan as not requiring further land use regulation.
4. Landscaping as part of a transportation facility.
5. Emergency measures necessary for the safety and protection of property
6. Acquisition of right-of-way for public roads, highways, and other transportation improvements designated in the Transportation System Plan except for those that are located in exclusive farm use or forest zones.
7. Construction of a street or road as part of an approved subdivision or land partition approved consistent with the applicable land division ordinance.

B. Uses Subject to Site Plan Review.
1. Construction, reconstruction, or widening of highways, roads, bridges or other transportation projects that are
a. Not improvements designated in the Transportation System Plan; or
b. Not designed and constructed as part of a subdivision or planned development subject to site plan and/or conditional use review.
2. An application for site plan review is subject to review under Site Plan Review (Chapter 17.16); however, the decision criteria do not apply.  In order to be approved, the site plan permit shall comply with the Transportation System Plan and applicable standards of this title, and shall address the criteria below.  For State projects that require an Environmental Impact Statement (EIS) or EA (Environmental Assessment), the draft EIS or EA shall be reviewed and used as the basis for findings to comply with the following criteria:
a. The project is designed to be compatible with existing land use and social patterns, including noise generation, safety, and zoning.
b. The project is designed to minimize avoidable environmental impacts to identified wetlands, wildlife habitat, air and water quality, cultural resources, and scenic qualities.
c. The project preserves or improves the safety and function of the facility through access management, traffic calming, or other design features.
d. Project includes provision for bicycle and pedestrian circulation as consistent with the Comprehensive Plan and other requirements of this ordinance.
3. Street and interchange improvements (defined as parking removal, access modifications in IAMP blocks, new lanes, new streets, signalization modifications).  The site plan review shall include findings and solutions addressing safety, mobility, and the effect of traffic beyond the immediate vicinity, pedestrian system, bike system, parking and economic enterprise will be protected and/or enhanced by the proposed.  The following facility(ies) shall be considered in the study area for all traffic analysis unless modified by the City Engineer:  All access points and intersections signalized and un-signalized adjacent to the proposed site, if the proposed site fronts an arterial collector street the analysis shall address all intersection and driveways along the site frontage and within the access facing distances extending out from the boundary from the site frontage roads through and adjacent to the site.  All intersections that receive site generated trips that comprise at least 10% or more of the total intersection volume.  All intersections needed for signal progression analysis.  In addition to these requirements the City Engineer may determine any additional intersections or roadway links that may be adversely affected as the result of the proposed development.”

17.20.060_Traffic Impact Analysis

A. Purpose. The purpose of this section of the code is to implement Section 660-012-0045(2)(e) of the State Transportation Planning Rule that requires the city to adopt a process to apply conditions to development proposals in order to protect and minimize adverse impacts to transportation facilities. This section establishes the standards for when a proposal must be reviewed for potential traffic impacts; when a Traffic Impact Analysis (TIA) must be submitted with an application in order to determine whether conditions are needed to minimize impacts to and protect transportation facilities; what must be in a TIA; and who is qualified to prepare the analysis.

B.  Typical Average Daily Trips and Peak Hour Trips. The latest edition of the Trip Generation manual, published by the Institute of Transportation Engineers (ITE) shall be used as standards by which to gauge average daily and peak hour (weekday and/or weekend) vehicle trips, unless a specific trip generation study that is approved by the City Engineer indicates an alternative trip generation rate is appropriate.  A trip generation study may be used to determine trip generation for a specific land use which is not well represented in the ITE Trip Generation Manual and for which a similar facility is available to count.

C.  Applicability and Consultation. A Traffic Impact Analysis shall be required to be submitted to the city with a land use application when (1) a change in zoning or plan amendment is proposed or (2) a proposed development shall cause one or more of the following effects, which can be determined by field counts, site observation, traffic impact analysis, field measurements, crash history, Institute of Transportation Engineers Trip Generation; and information and studies provided by the local reviewing jurisdiction and/or ODOT:
a. The proposed action is estimated to generate 250 Average Daily Trips (ADT) or more, or 25 or more weekday AM or PM peak hour trips (or as required by the City Engineer); 
b. An increase in use of adjacent streets by vehicles exceeding the 20,000 pound gross vehicle weights by 10 vehicles or more per day
c. The location of the access driveway does not meet minimum intersection sight distance requirements, or is located where vehicles entering or leaving the property are restricted, or such vehicles queue or hesitate, creating a safety hazard; or
d. The location of the access driveway does not meet the access spacing standard of the roadway on which the driveway is located; or
e. A change in internal traffic patterns that may cause safety problems, such as back up onto public streets or traffic crashes in the approach area.

The applicant shall consult with the City Engineer or his/her designee at the time of a pre-application conference (see Section 17.09.120 Pre-Application Conferences) about whether a TIA is required and, if required, the details of what must be included in the TIA.

 

D. Traffic Assessment Letter. If a TIA is not required as determined by Section 17.20.060.C, the applicant shall submit a Transportation Assessment Letter (TAL) to the City indicating that TIA requirements do not apply to the proposed action.  This letter shall present the trip generation estimates and distribution assumptions for the proposed action and verify that driveways and roadways accessing the site meet the sight distance, spacing, and roadway design standards of the agency with jurisdiction of those roadways. Other information or analysis may be required as determined by the City Engineer.  The TAL shall be prepared by an Oregon Registered Professional Engineer who is qualified to perform traffic engineering analysis.

The requirement for a TAL may be waived if the City Engineer determines that the proposed action will not have a significant impact on existing traffic conditions.

 

E. Traffic Impact Analysis Requirements.
1. Preparation. A Traffic Impact Analysis shall be prepared by an Oregon Registered Professional Engineer who is qualified to perform traffic engineering analysis and will be paid for by the applicant.
2. Transportation Planning Rule Compliance. See Chapter 17.08.050 Transportation Planning Rule Compliance. 
3. Pre-application Conference. The applicant will meet with the City Engineer prior to submitting an application that requires a Traffic Impact Analysis. The City has the discretion to determine the required elements of the TIA and the level of analysis expected.

F. Study Area. The following facilities shall be included in the study area for all Traffic Impact Analyses (unless modified by the City Engineer):
1. All site-access points and intersections (signalized and unsignalized) adjacent to the proposed site. If the proposed site fronts an arterial or collector street, the analysis shall address all intersections and driveways along the site frontage and within the access spacing distances extending out from the boundary of the site frontage.
2. Roads through and adjacent to the site.
3. All intersections that receive site-generated trips that comprise at least 10% or more of the total intersection volume.
4. All intersections needed for signal progression analysis.
5. In addition to these requirements, the City Engineer may determine any additional intersections or roadway links that may be adversely affected as a result of the proposed development.
6. Those identified in the IAMP Overlay Zone (see Subsection I).

G. When a Traffic Impact Analysis (TIA) is required, the TIA shall address the following minimum requirements:
1. The TIA was prepared by an Oregon Registered Professional Engineer; and
2. If the proposed development shall cause one or more of the effects in Section 17.20.060(C), above, or other traffic hazard or negative impact to a transportation facility, the TIA shall include mitigation measures that are attributable and are proportional to those impacts, meet the City’s adopted Level-of-Service standards, and are satisfactory to the City Engineer and ODOT, when applicable; and
3. The proposed site design and traffic and circulation design and facilities, for all transportation modes, including any mitigation measures, are designed to:
a. Minimize the negative impacts on all applicable transportation facilities; and
b. Accommodate and encourage non-motor vehicular modes of transportation to the extent practicable; and
c. Make the most efficient use of land and public facilities as practicable; and
d. Provide the most direct, safe and convenient routes practicable between on-site destinations, and between on-site and off-site destinations; and
e. Otherwise comply with applicable requirements of the Hood River Municipal Code.
4. If the proposed development will increase through traffic volumes on a residential local street by 20 or more vehicles during the weekday p.m. peak hour or 200 or more vehicles per day, the impacts on neighborhood livability shall be assessed and mitigation for negative impacts shall be identified. A negative impact to neighborhood livability will occur where:
a. Residential local street volumes increase above 1,200 average daily trips; or
b. The existing 85th percentile speed on residential local streets exceed 28 miles per hour.

H. Conditions of Approval. The city may deny, approve, or approve a development proposal with appropriate conditions needed to meet transportation operations and safety standards and provide the necessary right-of-way and improvements to develop the future planned transportation system.  Factors that should be evaluated as part of land division and site development reviews, and which may result in conditions of approval, include:
1. Crossover or reciprocal easement agreements for all adjoining parcels to facilitate future access between parcels.
2. Access for new developments that have proposed access points that do not meet the designated access spacing policy and/or have the ability to align with opposing access driveways.
3. Right-of-way dedications for planned roadway improvements.
4. Street improvements along site frontages that do not have improvements to current standards in place at the time of development.
5. Construction or proportionate contribution toward roadway improvements necessary to address site generated traffic impacts, i.e. construction or modification of turns lanes or traffic signals.


I. Traffic analysis within an IAMP Overlay Zone.  All development applications located within an IAMP Overlay Zone that are subject to the provisions of Chapter 17.16 (Site Plan Review) or Chapter 16.08 (Land Divisions) may be required to prepare a Traffic Impact Analysis.  City of Hood River Transportation System Plan policies call for the City, in coordination with Hood River County and ODOT, to monitor and evaluate vehicle trip generation impacts at Hood River interchanges and on street systems in interchange areas from development. This requirement will not preclude Oregon Department of Transportation, City of Hood River, or Hood River County from requiring analysis of IAMP study intersections under other conditions.  Development approved under this article shall be subject to the following additional requirements.
1. The Traffic Impact Analysis must include an account of weekday p.m. peak hour site generated trips through IAMP study intersections.  Intersections impacted by 25 or more weekday p.m. peak hour site generated trips, or weekend peak hour site generated trips, shall be analyzed for level of service and volume to capacity ratio during day of opening conditions.
2. The City shall provide written notification to ODOT and Hood River County when an application concerning property in the IAMP Overlay Zone and subject to Site Plan Review or Title 16 is received.  This notice shall include an invitation to ODOT and the County to participate in the City’s pre-application conference with the applicant, pursuant to Section 17.09.120.
3. The City shall not deem the land use application complete unless it includes a Traffic Impact Analysis prepared in accordance with the applicable requirements of Section 17.20.060.
4. Pursuant to Section 17.09.030.F, ODOT shall have 14 calendar days from the date a completion notice is mailed to provide written comments to the City. If ODOT does not provide written comments during this 14-day period, the City staff report may be issued without consideration of ODOT comments.
5. Monitoring Responsibilities.  The details of monitoring responsibilities will be outlined in the adopted IAMP.

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CHAPTER 17.21 (THIS CHAPTER NUMBER INTENTIONALL LEFT BLANK)

CHAPTER 17.22 NATURAL RESOURCE OVERLAY

Legislative History:  Ord. 1938 (2007); Ord. 1938 (2008)

SECTIONS:
17.22.010 Requirements for Wetlands
17.22.020 Requirements for Riparian Corridors
17.22.030 Columbia River Infill Waterfront Area
17.22.040 Violations
17.22.050 Conflicts

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17.22.010  Requirements for Wetlands

A. Purpose and Intent.  The purpose of this section is to protect and restore wetlands and the multiple social and environmental functions and benefits these areas provide individual property owners, the community, and the watershed. This requirement is based on the “safe harbor” approach as defined in Oregon Administrative Rules 660-23-0100(4)(b).  Specifically, the purpose and intended is to;
1. Protect habitat for fish and other aquatic life,
2. Protect habitat for wildlife,
3. Protect water quality for human uses and aquatic life,
4. Control erosion and limit sedimentation,
5. Reduce the effects of flooding,
6. Provide a stream “right of way” to accommodate lateral migration of the channel and protect the stream and adjacent properties,
7. Provide opportunities for recreation and education,
8. Protect open space, and
9. Minimize the economic impact to affected property owners. 

The intent of this section is to meet these goals by modifying the location, but not the intensity of development, where possible.  The requirements for wetlands restricts filling, grading, excavation and vegetation removal in significant wetlands for their protection and limits new structures in significant wetlands in Hood River.  This section provides procedures for correcting map errors and for granting a variance for parcels that have no buildable site through application of this section.

B. Definitions.  The following words and phrases, unless the context otherwise requires, shall have the meanings given them in this section.

FUNCTIONS AND VALUES.   Functions means the environmental roles served by wetlands and buffer areas including, but not limited to, water quality protection and enhancement, fish and wildlife habitat and flood storage. Values means the qualities ascribed to a wetland such as educational and recreational opportunities, open space, and visual aesthetic qualities.

RESTORATION means to rehabilitate a previously drained or degraded wetland area by providing wetland hydrology, removing fill material, restoring native vegetation or other means of reestablishing wetland features.

WETLAND means an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

WETLAND DELINEATION means a determination of wetland presence by a qualified professional that includes marking the wetland boundaries on the ground and/or on a detailed map prepared by professional land survey or similar accurate methods.

C. Requirements for All Wetlands.
1. Compliance with State and Federal Regulations. All activities wholly or partially within wetlands are subject to Division of State Lands permit requirements under the Removal-Fill Law and U.S. Army Corps of Engineers permit requirements under Section 404 of the Clean Water Act. Where there is a difference between local, state or federal regulations, the more restrictive regulations shall apply.
2. Division of State Lands Notification Required.
a. The City shall provide notice to the Division of State Lands, the applicant and the owner of record, within five (5) working days of the acceptance of any complete application for the following activities that are wholly or partially within areas identified as wetlands on the Local Wetlands Inventory or within twenty-five (25) feet of such areas:
(1) Subdivisions;
(2) Building permits for new structures;
(3) Other development permits and approvals that allow physical alteration of the land involving excavation and grading, including permits for removal or fill, or both, or development in floodplains and floodways;
(4) Conditional use permits and variances that involve physical alterations to the land or construction of new structures; and
(5) Planned unit development approvals.
b. This section does not apply if a permit from the Division of State Lands has been issued for the proposed activity.
c. City approval of any activity described in this section shall include one of the following notice statements:
(1) Issuance of a permit under ORS 196.600 to 196.905 by the Division of State Lands required for the project before any physical alteration takes place within the wetlands;
(2) Notice from the Division of State Lands that no permit is required; or
(3) Notice from the Division of State Lands that no permit is required until specific proposals to remove, fill or alter the wetlands are submitted.
d. If the division of State Lands fails to respond to any notice provided under this section within thirty (30) days of notice, the City approval may be issued with written notice to the applicant and the owner of record that the proposed action may require state or federal permits
e. The City may issue local approval for parcels identified as or including wetlands on the Local Wetlands Inventory upon providing to the applicant and the owner of record of the affected parcel a written notice of the possible presence of wetlands and the potential need for state and federal permits and providing the Division of State Lands with a copy of the notification of comprehensive plan map or zoning map amendments for specific properties.

D. Procedures for Identifying Significant Wetlands.  The regulations of this section apply to wetlands identified and mapped as significant in the Hood River Local Wetlands Inventory located in the City and the Urban Growth Area. Significance determinations are based on criteria contained in Oregon Administrative Rules 141-86-0300 through 0350 as adopted by the Division of State Lands (DSL). This section applies to wetlands inside the Hood River city limits and to wetlands outside the city limits and inside the urban growth boundary upon annexation of such land.

Wetlands identified in the Hood River Local Wetlands Inventory are shown on maps that may not have site-specific accuracy. 
1. The Division of State Lands is the final arbiter of wetland presence and boundaries.
2. Precise wetland boundaries may vary from those shown on the Hood River Local Wetland Inventory map. For any proposed development impacting a significant wetland or within twenty-five (25) feet of a significant wetland, the applicant shall conduct a wetland delineation and submit it to the Division of State Lands for review and approval. The more precise boundary obtained through a DSL-approved wetland delineation shall be used for review and development, and can be identified, mapped, and used for review and development without a change in the Hood River Local Wetland Inventory mapping.
3. Property owners who believe wetlands have been incorrectly mapped on their properties can request corrections to the map by submitting written verification from the Division of State Lands that confirms that there are no wetlands on the property or contains the correct location of the wetlands.

E. Land Use and Permit Requirements for Significant Wetlands.
1. Permitted Uses. The following uses are permitted within significant wetlands. Applicable state and/or federal permits shall be obtained.
a. Passive recreation and land management activities that require no structures, such as bird watching, canoeing, nature walks, land survey, wetland delineation or wetland monitoring.
b. Fishing or hunting consistent with state, local and federal law.
c. Educational uses or research.
d. Construction of permeable trails, boardwalks and viewing platforms, information kiosks, and trail signs. 
e. Wetland and waterway restoration. 
f. Removal of non-native vegetation. 
g. Removal of trees that are a hazard to life or structures.
h.  Mowing grass to comply with local or state fire prevention requirements. 
i. Planting or replanting with native plant species. 
j. Channel maintenance to maintain storm water conveyance and flood control capacity, as required by local policies, state and federal regulations, or intergovernmental agreements.  
k. Emergency repairs by the City or other public agencies to protect life and property. 
l. Compensatory mitigation required by state or federal permit.  Removal of fill material or any refuse that is in violation of local, state or federal regulations. 
m. Maintenance of existing structures within the existing footprint of the structure. 
n. Construction of discharge outlets for treated stormwater or wastewater.
2. Prohibited Uses. Within locally significant wetlands the following practices are prohibited unless specifically authorized by a variance:
a. New development or expansion of existing development.
b. Placement of fill material, grading, or excavation.
c. Road construction.
d. Construction of stormwater or wastewater management or treatment facilities.
e. Construction of new septic drainfields.
f. Channelizing or straightening natural drainageways.
g. Storage or use of hazardous or toxic materials.
h. Clearing of trees and brush with motorized equipment including, but not limited to, chain saws and bulldozers.

E. Procedure.  Any decision by the City on a land use application concerning the wetland protection requirements herein may be appealed to the Planning Commission and City Council pursuant to Title 17.

F. Variances.
1. In cases where a property owner believes the application of this ordinance imposes a hardship or renders an existing lot or parcel unbuildable, a property owner may request a variance. Granting of a variance requires findings that satisfy all of the following criteria:
a. The proposed development requires deviation from the Riparian Corridor requirements; and
b. The application of the requirements of this ordinance without a variance would prevent any reasonable economic use of the property.
c. The variance requested is the minimum variance which would alleviate the hardship.
2. Applications for variances shall be processed as an Administrative Action under section 17.09.030.
3. A variance granted under this section is for a variance from strict application of the provisions of this section only.


17.22.020  Requirements for Riparian Corridors

A. Purpose and Intent.  The purpose of this section is to protect and restore water bodies and their associated riparian areas, in order to protect and restore the multiple social and environmental functions and benefits these areas provide individual property owners, communities, and the watershed.  The requirements for riparian corridors is based on the “safe harbor” approach as defined in Oregon Administrative Rules 660-23-0090(5) and (8).  Specifically, this section is intended to;
1. Protect habitat for fish and other aquatic life,
2. Protect habitat for wildlife,
3. Protect water quality for human uses and aquatic life,
4. Protect associated wetlands,
5. Control erosion and limit sedimentation,
6. Promote recharge of shallow aquifers,
7. Provide a stream “right of way” to accommodate lateral migration of the channel and protect the stream and adjacent properties,
8. Reduce the effects of flooding,
9. Protect open space;
10. Reserve space for storm water management facilities, other utilities, and linear parks, and
11. Minimize the economic impact to affected property owners. 

The intent is to meet these goals by modifying the location, but not the intensity of development, where possible.  The requirements excludes new structures from buffer areas established around rivers, streams and other water bodies in Hood River and also prohibits vegetation removal or other alteration in these buffers and establishes a preference for native vegetation in the buffers.  For cases where buffer establishment creates a hardship for individual property owners, this section provides a procedure to apply for a variance. In limited circumstances, changes to the buffer width shall be allowed provided the changes are offset by appropriate restoration or mitigation, as stipulated in this section.

The Columbia River Infill Area that is addressed under the ESEE analysis and is shown on the Columbia River Infill Waterfront map is exempt from the Riparian Corridors section of this chapter.  

B. Definitions.  The following words and phrases, unless the context otherwise requires, shall have the meanings given them in this section.

BANKFULL STAGE means the elevation at which water overflows the natural banks of streams or other waters and begins to inundate upland areas. Physical characteristics that indicate the elevation include a clear, natural line impressed on the shore, a change from upland vegetation (e.g. oak, Douglas fir) to bare soil or substrate, a change in vegetation from upland (e.g. oak, fir) to aquatic (e.g. willows, rushes), a textural change of depositional sediment or changes in the character of the soil (e.g. from upland soils  to sand, sand and cobble, cobble and gravel), absence of fine debris (needles, leaves, cones, seeds), the presence of water-borne litter or debris, water-stained leaves, or water lines on tree trunks. In the absence of physical evidence, the two-year recurrence interval flood elevation may be used to approximate the bankfull stage.

FISH HABITAT OR FISH BEARING means those areas upon which fish depend in order to meet their requirements for spawning, rearing, food supply, and migration.

IMPERVIOUS SURFACE means any material which reduces and prevents absorption of storm water into previously undeveloped land.

INTERMITTENT STREAM means any stream that flows during a portion of every year and which provides spawning, rearing or food-producing areas for food and game fish (OAR 141-085-0010)

LAWN means grass or similar materials maintained as a ground cover of less than 6 inches in height.  For purposes of this ordinance, lawn is not considered native vegetation regardless of the species used.

MAINTENANCE means periodic repair or upkeep of a structure in order to maintain its original function. Maintenance does not include any modification that changes the character or scope, or increases the adverse impact to the riparian corridor. Maintenance does not include reconstruction.

MITIGATION means taking one (1) or more of the following actions listed in order of priority:
1. Avoiding the impact altogether by not taking a certain development action or parts of that action;
2. Minimizing impacts by limiting the degree or magnitude of the development action and its implementation;
3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the development action by monitoring and taking appropriate corrective measures;
5. Compensating for the impact by replacing or providing comparable substitute resources or environments.

NATIVE VEGETATION means plant species indigenous to Hood River. A list of native plant species is in the Appendix.

NET LOSS means a permanent loss of riparian corridor area or function resulting from a development action despite mitigation measures having been taken.

NON-CONFORMING means a structure or use that does not conform to the standards of this ordinance but has been in continuous existence from prior to the date of adoption of this ordinance up to the present.  Non-conforming uses are not considered violations and are generally allowed to continue, though expansion, re-construction, or substantial improvement may be regulated

RIPARIAN AREA means the area adjacent to a river, stream, lake, or pond consisting of the area of transition from an aquatic ecosystem to a terrestrial ecosystem.

RIPARIAN CORRIDOR means the water areas, fish habitat, adjacent riparian areas, and wetlands within the riparian corridor boundary.

STREAM means a channel that carries flowing surface water and was created naturally by geological and hydrological processes, including channels that would be natural but for human-caused disturbances (e.g., channelized, rerouted or culverted streams, or impounded waters), including perennial streams and intermittent streams with defined channels, and excluding irrigation and drainage channels that are human-created.

STREAM OR POND EDGE means bankfull stage elevation.

STRUCTURE: A building or other major improvement that is built, constructed, or installed, not including minor improvements, such as fences, utility poles, flagpoles, or irrigation system components, which are not customarily regulated through zoning ordinances.

TOP OF BANK means the break in slope between the bank and the surrounding terrain (Division of State Lands Water definitions).  Where top of bank is not clear defer to bankfull stage.

WATER AREA means the area between the banks of a lake, pond, river, or perennial or fish-bearing intermittent stream, excluding man-made farm ponds.

WETLAND means an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

C. Procedures for Identifying Significant Riparian Corridors.  The inventory of riparian corridors contained in the Comprehensive Plan includes maps of riparian corridors and specifies which water areas are fish-bearing.  Inventory information on fish presence and use of waters may become outdated over time or new information may become available.  In all cases the most current available information on fish presence and use from the Oregon Department of Fish and Wildlife shall be used to identify riparian corridors subject to the requirements of this section. Based on the classification contained in this inventory, the following significant riparian corridors shall be established:
1. Along all fish-bearing rivers, streams and other waters with an average annual stream flow greater than 1,000 cubic feet per second (cfs) the riparian corridor boundary shall be seventy-five (75) feet from the top of bank; i.e. Columbia River and Hood River.
2. Along all lakes, and fish-bearing streams with average annual stream flow less than 1,000 cfs, the riparian corridor boundary shall be 50 feet from the top of bank; i.e. Indian Creek and Phelps Creek.
3. Wells Island in its entirety.
4. At any location specified in a conditional use permit as mitigation for permitted development in a significant riparian corridor.
5. For the safe harbor area only the measurement of distance to the riparian corridor boundary along the Columbia River shall be from the full pool elevation of seventy-seven (77) feet. For all other waters the measurement of distance to the riparian corridor boundary shall be from the stream or pond edge, except that Wells Island is included in its entirety within the riparian corridor boundary.  The measurement in all cases shall be a horizontal distance. 
6. Significant riparian corridors identified in the Comprehensive Plan are shown on maps that may not have site-specific accuracy.  Property owners who believe the maps are in error or that their properties lie outside the depicted significant riparian corridor can request a site review by City planning staff. City staff can correct the map or request that the property owner submit a survey, performed by a qualified surveyor (Public Land Surveyor), showing the correct significant riparian corridor boundaries.  The survey must show the stream or pond edge and the applicable significant riparian corridor boundaries on a scaled parcel base map.

D. Land Use Requirements.
1. The permanent alteration of significant riparian corridors by grading or by the placement of structures or impervious surfaces is prohibited, except for the following uses provided they are designed to avoid and minimize intrusion into the riparian corridor, no other options or locations are feasible, and any applicable state and/or federal permits are obtained:
a. Streets, roads and bridges, excluding parking or storage areas.
b. Construction of permeable trails, boardwalks and viewing platforms, information kiosks and trail signs.
c. Drainage facilities, utilities, and irrigation pumps.
d. Stormwater treatment facilities when they are located in severely degraded parts of significant riparian corridors and designed so as to enhance overall function of the riparian resource (for example a grassy swale or constructed wetland with a buffer of native vegetation and that is located within previously farmed or cleared area).
e. Water-related and water-dependent uses (for example boat launch, fishing dock).
f. Replacement of existing structures with structures in the same location that do no disturb additional riparian corridor surface area.
g. Structures or other non-conforming alterations existing fully or partially within significant riparian corridors may be expanded provided the expansion does not occur within the significant riparian corridor. 
h. Existing garden, lawn and non-native plantings within significant riparian corridors may be maintained, but not expanded within the significant riparian corridor.  Development activities on the property shall not justify replacement of the riparian area with lawn.
i. Existing shoreline stabilization and flood control structures may be maintained.  Any expansion of existing structures or development of new structures shall be evaluated by the local government and appropriate natural resource agency staff, for example Oregon Department of Fish and Wildlife, Division of State Lands, Department of Environmental Quality, Water Resources Department.  Such alteration of the significant riparian corridor shall be approved only if less-invasive or nonstructural methods will not adequately meet the stabilization or flood control needs.
2. Removal of riparian vegetation in significant riparian corridors is prohibited, except for
a. Removal of non-native vegetation and subsequent replacement with native plant species. The City of Hood River shall maintain a list of native and non-native plant species. The replacement vegetation shall cover, at a minimum, the area from which vegetation was removed, and shall maintain or exceed the density of the removed vegetation.
b. Removal of vegetation necessary for the development of approved water-related or water dependent uses.  Vegetation removal shall be kept to the minimum necessary to allow the water-dependent or water-related use.
c. Removal of poisonous or noxious vegetation.
d. Trees in danger of falling and thereby posing a hazard to life or property may be removed.  If no hazard will be created, property owners are encourage to leave trees, once felled, in place in the riparian corridor. 
e. Incidental removal of vegetation associated with recreational, educational, scientific research and land survey activities.
3. Exceptions: The following activities are not required to meet the standards of this section if applicable:
a. Normal and accepted farming and ranching practices other than buildings or structures, occurring on land zoned for exclusive farm use and existing in the protected riparian corridor since prior to the date of adoption of this ordinance.
b. Commercial forest practices regulated by the Oregon Forest Practices Act.

E. Variances.  In cases where a property owner believes the application of this section imposes a hardship or renders an existing lot or parcel unbuildable, a property owner may request a variance. Granting of a variance requires findings that satisfy all three (3) of the following criteria:
1. The proposed development requires deviation from the Riparian Corridor requirements; and
2. Strict adherence to the requirements of this section and other applicable standards would effectively preclude a use of the parcel that could be reasonably expected to occur in the zone, and
3. The property owner would be precluded a substantial property right enjoyed by the majority of landowners in the vicinity.

F.  Compliance with State and Federal Requirements.  All activities wholly or partially within riparian corridors are subject to applicable Division of State Lands permit requirements under the Removal-Fill Law and U.S. Army Corps of Engineers permit requirements under Section 404 of the Clean Water Act. Where there is a difference between local, state or federal regulations, the more restrictive regulations shall apply.

17.22.030 Columbia River Infill Waterfront Area

A. Purpose.  The Columbia River Infill waterfront Area and portions, identified on the Columbia River Infill Waterfront map, within the City of Hood River are valuable economic, recreational, scenic and natural resources for the community.  The Columbia River Waterfront Infill Area is intended to conserve and enhance the natural resource values of areas along the Columbia River and a portion of the Hood River within the city by;
1. Conserving and restoring habitat for wildlife, fish and other aquatic life;
2. Protecting and enhancing water quality for human use and aquatic life;
3. Controlling erosion;
4. Improving coordination between the city and agencies regarding development activities near waterways;
5. Promoting development that is compatible with the purpose of the Columbia River Infill waterfront Area;
6. Promoting the preservation and restoration of native riparian vegetation;
7. Conserving and protecting property values; and
8. Encouraging development, preservation and enhancement of reasonable public access to major waterways for recreational use and visual enjoyment.

9.  Protecting the Columbia River and its users from stormwater contaminants that pose a threat to the health and safety of the users.

B. Applicability.  Provisions of this section apply to all property within the boundaries of the Columbia River Infill waterfront Area within the City of Hood River, as identified on the Columbia River Infill Waterfront Map.  Many parcels within the Columbia River Infill waterfront Area are affected by more than one sub-zone.  Where this is the case, applicable development standards for each sub-zone shall apply within that sub-zone’s boundaries.  Standards of this section shall apply in addition to applicable standards of the underlying zone.  Where there are conflicts between sub-zone standards, the more restrictive standard shall apply. 

C. Permitted Uses.  The following uses are permitted outright in the Columbia River Infill waterfront Area:
1. Resource enhancement and restoration activities.
2. Land divisions, subject to requirements in Title 16.
3. Removal of non-native or invasive vegetative species.
4.   Maintenance of existing roads.
5. Temporary emergency procedures necessary for the protection of property.
6. Actions taken by the City to correct or abate a nuisance.
7. Approved storm water discharge.
8. Existing lawn within the riparian area may be maintained, but not expanded into the resource area.
9. Existing utility lines.
10. Existing legal non-conforming structures.  Replacement of non-conforming structures shall comply with this title.

D. Ministerial and Administrative Review Approval.  The following uses are permitted in the Columbia River Infill Waterfront Area, subject to Ministerial or Administrative Review approval as may be applicable under the circumstances, including compliance with other natural resource agencies:
1. Repair, maintenance and replacement of existing utility lines.
2. Fencing.
3. Removal of a hazardous tree.
4. Maintenance of streambank stabilization and flood control structures.
5. ESEE Analysis Findings and Conclusion – The ESEE Analysis Findings and Conclusions identified in the Hood River Waterfront Goal 5 ESEE Analysis provide site specific exceptions to protection measures based on conflicting uses and mitigating consequences of implementation.  The sites are specific to the Hood River Waterfront Goal 5 ESEE Inventory and Map.

E.  Conditional Uses shall be pursuant to the zoning designation of the subject parcel.

F. Prohibited Uses.
1. New development on significant natural resource sites and property, except as permitted in the Hood River Waterfront Goal 5 ESEE.
2. Removal of native vegetation from resource areas identified in the Hood River Waterfront Goal 5 ESEE.

17.22.040  Violations.  Any activities within a significant wetland, riparian corridor, and Columbia River Waterfront not authorized under this ordinance are a violation.  Violators shall be subject to the enforcement procedures pursuant to this title.  A violation of this ordinance shall be considered a separate offense for each day the violation continues.

17.22.050  Conflicts.  To best protect important functions and values of wetland, riparian corridor, and Columbia River Waterfront in the event that the requirements of this section conflict with other ordinance requirements, the City shall apply the requirements that best provide for the protection of the resource.


APPENDIX. NATIVE PLANT LIST
Portland Plant List (City of Portland 1998) added by reference.
http://www.portlandonline.com/planning/?&c=decfb&a=fjadj

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CHAPTER 17.23 ACCESSORY DWELLING UNITS (ADU)

Legislative History:   Ord. 1912 (2006); Ord 2026 (2016)

17.23.010 General Requirements

A. An ADU may be created within, or detached from, any single-family dwelling, whether existing or new, as a subordinate use, where permitted by this chapter in the R-1, R-2, R-3, C-1 and C-2 Zones.

B. Only one ADU may be created per parcel or ownership accessory to a single-family dwelling (no townhouse or duplex).

C. An application for an ADU shall be processed as a ministerial decision.

D. Only the property owner, which includes title holders and contract purchasers, may apply for an ADU.  The property owner must occupy the primary dwelling or the ADU as their principal residence for at least six months out of the year (case by case basis for exceptions). A primary residence shall be the residence where the owner is registered to vote, used as the primary residence for tax purposes or other proof that the residence is primary.  The owner shall sign an affidavit before a notary affirming that the owner occupies either the main dwelling or the ADU and shall show proof of a 12 month lease for the ADU occupant.

E. The ADU occupant shall provide proof that at least one occupant is locally employed (Gorge – Hood River, Wasco, Skamania, and Klickitat counties), a relative or on a local assistance program for the rent.

F. One off-street parking space shall be provided in addition to the off-street parking that is required for the primary dwelling pursuant to this Title. If the existing dwelling does not currently have the two required spaces, only the one for the ADU will be required.  In no case shall the residential parking requirement be diminished to provide the ADU parking.

G. ADU’s shall contain 800 square feet or less. 

H. All other applicable standards including, but not limited to, setbacks must be met.

I. Upon sale of the property, a new owner shall be required to reregister the ADU, paying a reauthorization fee set by resolution of City Council.

J. If a garage or detached building does not currently meet setbacks, it may not be converted to an ADU.

K. All applicable standards in the City’s building, plumbing, electrical, fire and other applicable codes for dwelling units must be met.

L. The owner of the property shall accept full responsibility for sewer and water bills.

M. An ADU may not be used as a hosted homeshare or vacation home rental.

N. The application and permit fee for an ADU shall be 1% of the building permit fee plus an amount to be set by resolution of the City Council.

O. Beginning January 1st of each year the City will undertake an annual review of ADU permits to ensure compliance.

 

 

CHAPTER 17.24 IN-LIEU PARKING FEE

SECTIONS
17.24.010
17.24.020

17.24.010 In-Lieu Parking Fee.  This chapter establishes the In-Lieu Parking Fee.  The In-Lieu Parking Fee is paid to the City in lieu of providing required off-street parking when permitted in this title.

A. Amount of Fee.  The amount of the In-Lieu Parking Fee is set by resolution of the City Council and the Council shall review the amount on at least an annual basis.  The In Lieu-Fee may otherwise be adjusted by the Council as it deems necessary based on factors such as inflation, the cost of providing new parking spaces, and the market value of parking spaces.  The amount of the In-Lieu Fee shall take into account the current costs of land acquisition, financing and construction.

B. Use of Fees.  In-Lieu Parking Fees shall be deposited in a dedicated fund for the development and provision of public parking facilities.  The collected Fees may be applied only to development and provision of public parking that serves the Central Business District, Heights Business District or Waterfront, or the development of City owned parking lots located in non-residential zones.  Development and provision of parking to which the Fees are applied must be consistent with the City’s adopted Parking Management Plan.  Development and provision of parking includes, but is not limited to, paving, striping, sidewalks, acquisition of real property, payment of administrative costs, and construction.

17.24.020 Payment of Fee

  
A. Parking Requirement for Calculation of Fee.  The In-Lieu Fee shall be based on 1.2 parking stalls or spaces per 1,000 square feet of development multiplied by the amount set by Council resolution in section 17.23.010.

B. Condition of Approval.  Payment of the In-Lieu Fee will be included as a condition of approval of any approved development application that is subject to the fee.

C. Payment of Fee.  The In-Lieu Fee shall be paid in full prior to the issuance of a building permit.

 

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B. Typical Average Daily Trips and Peak Hour Trips. The latest edition of the Trip Generation manual, published by the Institute of Transportation Engineers (ITE) shall be used as standards by which to gauge average daily and peak hour (weekday and/or weekend) vehicle trips, unless a specific trip generation study that is approved by the City Engineer indicates an alternative trip generation rate is appropriate.  A trip generation study may be used to determine trip generation for a specific land use which is not well represented in the ITE Trip Generation Manual and for which a similar facility is available to count.


C. Applicability and Consultation. A Traffic Impact Analysis shall be required to be submitted to the city with a land use application when (1) a change in zoning or plan amendment is proposed or (2) a proposed development shall cause one or more of the following effects, which can be determined by field counts, site observation, traffic impact analysis, field measurements, crash history, Institute of Transportation Engineers Trip Generation; and information and studies provided by the local reviewing jurisdiction and/or ODOT:
a. The proposed action is estimated to generate 250 Average Daily Trips (ADT) or more, or 25 or more weekday AM or PM peak hour trips (or as required by the City Engineer); 
b. An increase in use of adjacent streets by vehicles exceeding the 20,000 pound gross vehicle weights by 10 vehicles or more per day
c. The location of the access driveway does not meet minimum intersection sight distance requirements, or is located where vehicles entering or leaving the property are restricted, or such vehicles queue or hesitate, creating a safety hazard; or
d. The location of the access driveway does not meet the access spacing standard of the roadway on which the driveway is located; or
e. A change in internal traffic patterns that may cause safety problems, such as back up onto public streets or traffic crashes in the approach area.