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Canby Overview
Canby, OR Code of Ordinances
CANBY, OREGON CODE OF ORDINANCES
ADOPTING ORDINANCE
CHARTER OF THE CITY OF CANBY
TITLE 1: GENERAL PROVISIONS
TITLE 2: ADMINISTRATION AND PERSONNEL
TITLE 3: REVENUE AND FINANCE
TITLE 4: LOCAL IMPROVEMENTS
TITLE 5: BUSINESS LICENSES AND REGULATIONS
TITLE 6: ANIMALS
TITLE 7 (RESERVED)
TITLE 8: HEALTH AND SAFETY
TITLE 9: PUBLIC PEACE, MORALS AND WELFARE
TITLE 10: VEHICLES AND TRAFFIC
TITLE 11 (RESERVED)
TITLE 12: STREETS, SIDEWALKS AND PUBLIC PLACES
TITLE 13: PUBLIC SERVICES
TITLE 14 (RESERVED)
TITLE 15: BUILDINGS AND CONSTRUCTION
TITLE 16 PLANNING AND ZONING
Division I. - GENERAL PROVISIONS
Division II. - PLANNING COMMISSION
Division III. - ZONING
Chapter 16.08 GENERAL PROVISIONS
Chapter 16.10 OFF-STREET PARKING AND LOADING
Chapter 16.12 CLASSIFICATION OF ZONES
Chapter 16.13 PLAN DISTRICTS
Chapter 16.14 RESERVED
Chapter 16.16 R-1 LOW DENSITY RESIDENTIAL ZONE
Chapter 16.18 R-1.5 MEDIUM DENSITY RESIDENTIAL ZONE
Chapter 16.20 R-2 HIGH DENSITY RESIDENTIAL ZONE
Chapter 16.21 RESIDENTIAL DESIGN STANDARDS
Chapter 16.22 C-1 DOWNTOWN COMMERCIAL ZONE
Chapter 16.24 C-R RESIDENTIAL/COMMERCIAL ZONE
Chapter 16.26 RESERVED
Chapter 16.28 C-2 HIGHWAY COMMERCIAL ZONE
Chapter 16.30 C-M HEAVY COMMERCIAL MANUFACTURING ZONE
Chapter 16.32 M-1 LIGHT INDUSTRIAL ZONE
Chapter 16.34 M-2 HEAVY INDUSTRIAL ZONE
Chapter 16.35 CANBY INDUSTRIAL AREA OVERLAY (I-O) ZONE
Chapter 16.36 PLANNED UNIT DEVELOPMENT OVERLAY ZONE (PUD)
Chapter 16.37 RIPARIAN OVERLAY ZONE (RO)
Chapter 16.38 HISTORICAL PROTECTION OVERLAY ZONE (A)
Chapter 16.39 WETLAND OVERLAY ZONE (WO)
Chapter 16.40 HAZARD OVERLAY ZONE (H)
Chapter 16.41 DOWNTOWN CANBY OVERLAY (DCO) ZONE
Chapter 16.42 SIGNS
Chapter 16.43 OUTDOOR LIGHTING STANDARDS
Chapter 16.44 MANUFACTURED (MOBILE) HOME PARKS AND RV AND MANUFACTURED HOMES USES OUTSIDE OF PARKS
Chapter 16.45 Food Cart Pods
Chapter 16.46 ACCESS LIMITATIONS ON PROJECT DENSITY
Chapter 16.48 SITE PLAN REVIEW
Chapter 16.49 SITE AND DESIGN REVIEW
Chapter 16.50 CONDITIONAL USES
Chapter 16.52 NONCONFORMING USES AND STRUCTURES
Chapter 16.53 VARIANCES
Chapter 16.54 AMENDMENTS TO ZONING MAP
Chapter 16.55 Telecommunications Facilities
Division IV. - LAND DIVISION REGULATION
Division V. - PLANNED UNIT DEVELOPMENT AND CONDOMINIUM REGULATIONS
Division VI. - ANNEXATIONS
Division VII. - STREET ALIGNMENTS
Division VIII. - GENERAL STANDARDS
Division X. - HISTORIC PRESERVATION
Division XI. - PARKS, OPEN SPACE AND RECREATION LAND
Division XII. - RIPARIAN PRESERVATION
Division XIII. - WETLANDS
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
Chapter 16.10
OFF-STREET PARKING AND LOADING
Sections
   16.10.010   Off-street parking required – exceptions.
   16.10.020   Definitions.
   16.10.030   General requirements.
   16.10.040   Prohibited near intersections.
   16.10.050   Parking standards designated.
   16.10.060   Off-street loading facilities.
   16.10.070   Parking lots and access.
   16.10.080   Street Tree Plan
   16.10.090   Drive-up uses.
   16.10.100   Bicycle parking.
16.10.010   Off-street parking required – exceptions.
   A.   At the time of establishment of a new structure or use, change in use, or change in use of an existing structure, within any planning district of the city, off-street parking spaces and off-street loading berths shall be as provided in this and following sections, unless greater requirements are otherwise established by the conditional use permit or the site and design review process, based upon clear and objective findings that a greater number of spaces are necessary at that location for protection of public health, safety and welfare. A lesser number of spaces may be permitted by the Planning Commission based on clear and objective findings that a lesser number of parking spaces will be sufficient to carry out the objective of this section.
   B.   No off-street parking shall be required for any use permitted outright within the C-1 zone in the rectangular area bounded by N. Ivy Street on the east, NW First Avenue on the south, N. Elm Street on the west, and NW Third Avenue on the north.
   C.   At the time of enlargement of an existing structure or use, the provisions of this section shall apply to the enlarged structure or use only. (Ord. 1597, 2023; Ord. 1570, 2022; Ord. 1304, 2009; Ord. 1237, 2007; Ord. 890 section 9, 1993; Ord. 872, 1992; Ord. 854 section 2, 1991; Ord. 848, Part V, section 1, 16.10.010(A)(B), 1990)
16.10.020   Definitions.
   A.   Floor Area. Except where otherwise specified, the floor area measured shall be the gross floor area of the building primary to the function of the particular use of the property other than space devoted to off-street parking or loading.
   B.   Employees. Where employees are specified, the term shall apply to all persons, including proprietors, working on the premises during the peak shift. (Ord. 854 section 2, 1991; Ord. 848, Part V, section 1, 16.10.020(A)(B), 1990)
16.10.030   General requirements.
   A.   Should the owner or occupant of a structure change the use to which the building is put, thereby increasing parking or loading requirements, the increased parking/loading area shall be provided prior to commencement of the new use.
   B.   Parking and loading requirements for structures not specifically listed herein shall be determined by the City Planner, based upon requirements of comparable uses listed.
   C.   In the event several uses occupy a single structure, the total requirements for off-street parking shall be the sum of the requirements of the several uses computed separately. If the applicant can demonstrate that the uses do not have overlapping parking needs (based on days and hours of operation) and can share parking, the total requirement for combined uses may be reduced by up to 60 percent.
   D.   Off-street parking spaces for dwellings shall be located on the same lot, or adjacent lot, with the dwelling. Parking spaces located within an on-site garage shall count toward the minimum parking requirement for residential uses. Other required parking spaces may be located on a separate parcel, provided the parcel is not greater than five hundred (500) feet from the entrance to the building to be served, measured along the shortest pedestrian route to the building. The applicant must prove that the parking located on another parcel is functionally located and that there is safe vehicular and pedestrian access to and from the site.
   E.   Required parking spaces shall be available for the parking of operable passenger automobiles of residents, customers, patrons and employees and shall not be used for storage of vehicles or materials or for the parking of trucks used in conducting the business.
   F.   Institution of on-street parking shall not be allowed for off-street parking, where none is previously provided, and shall not be done solely for the purpose of relieving crowded parking lots in commercial or industrial planning districts.
   G.   Parking facilities may be shared by users on adjacent parcels if all of the following standards are met, or the Planning Commission determines a lesser combination meets the intent of the ordinance:
      1.   One of the parcels has excess parking spaces, considering the present use of the property; and the other parcel lacks sufficient area for required parking spaces. Excess parking spaces can be determined by considering when the uses need the parking spaces, such as time of day or day of week.
      2.   The total number of parking spaces meets the standards for the sum of the number of spaces that would be separately required for each use. If the applicant can demonstrate that the uses do not have overlapping parking needs (based on days and hours of operation) and can share parking, the total requirement for combined uses may be reduced by up to 60 percent.
      3.   Legal documentation, to the satisfaction of the City Attorney, shall be submitted verifying present use of the excess parking area on one lot by patrons of the uses deficient in required parking areas.
      4.   Physical access between adjoining lots shall be such that functional and reasonable access is provided to uses on the parcel deficient in parking spaces.
      5.   Adequate directional signs shall be installed specifying the joint parking arrangement.
   H.   The number of vehicular spaces required in Table 16.10.050 may be reduced by up to 10% if one of the following is demonstrated to the satisfaction of the Planning Director or Planning Commission:
      1.   Residential densities greater than nine units per gross acre (limit parking to no less than one space per unit for multi-family structures); or
      2.   The proposed development is pedestrian-oriented by virtue of a location which is within convenient walking distance of existing or planned neighborhood activities (such as schools, parks, shopping, etc.) and the development provides additional pedestrian amenities not required by the code which, when taken together, significantly contribute to making walking convenient (e.g., wider sidewalks, pedestrian plazas, pedestrian scale lighting, benches, etc.). (Ord. 890 section 10, 1993; Ord. 854 section 2 [part], 1991; Ord. 848, Part V, section 16.10.030, 1990; Ord. 1043 section 3, 2000; Ord. 1338, 2010)
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