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North Plains, OR Code of Ordinance
NORTH PLAINS, OREGON CODE OF ORDINANCES
CHARTER
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
CHAPTER 150: FIRE CODES
CHAPTER 151: FENCES
CHAPTER 152: TRAILER HOUSES AND TRAILER CAMPS
CHAPTER 153: SIDEWALKS AND OTHER PUBLIC WAYS
CHAPTER 154: GENERAL PLANNING
CHAPTER 155: ZONING AND DEVELOPMENT
GENERAL PROVISIONS
APPLICATION REQUIREMENTS AND REVIEW PROCEDURES
DESIGN REVIEW
CONDITIONAL USE PERMITS
TEMPORARY PERMITS
VARIANCES
COMPREHENSIVE PLAN AND ZONING AMENDMENTS
ZONING DISTRICTS
R-7.5 ZONING DISTRICT
R-5 ZONING DISTRICT
R-2.5 ZONING DISTRICT
C-1 COMMUNITY COMMERCIAL DISTRICT
C-2 GENERAL COMMERCIAL DISTRICT
NC NEIGHBORHOOD COMMUNITY ZONE
M-1 LIGHT INDUSTRIAL DISTRICT
M-2 GENERAL INDUSTRIAL DISTRICT
IPU INSTITUTIONAL AND PUBLIC USE
FP FLOODPLAIN OVERLAY DISTRICT
HISTORIC OVERLAY DISTRICT (HO)
SNR SIGNIFICANT NATURAL RESOURCES OVERLAY DISTRICT
SIGN STANDARDS
HOME OCCUPATIONS
AUTOMOBILE -RELATED SERVICES; WRECKING YARDS AND JUNK YARDS
HERITAGE TREES
TOWNHOUSES
ACCESSORY USES, STRUCTURES AND DWELLINGS
MANUFACTURED HOMES
LOT, BUILDING AND YARD EXCEPTIONS
LOT REGULATIONS AND STANDARDS
LAND PARTITIONING
SUBDIVISIONS
PLANNED UNIT DEVELOPMENT
PUBLIC FACILITY AND SERVICE REQUIREMENTS
STREET STANDARDS
OFF-STREET PARKING AND LOADING
SIMILAR USES
NON-CONFORMING USES
ANNEXATIONS
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 155.315 PURPOSE.
   The IPU Zoning District serves the need for the designation of areas for necessary institutional uses, such as schools and churches, and public and semipublic uses, such as parks, a local government center and other governmental and public service uses. This district may be located at any place throughout the city, based on a determination by the city that such areas are required.
(Prior Code, § 16.060.000) (Ord. 450, passed 12-18-2017)
§ 155.316 PERMITTED USES.
   Permitted uses are subject to the requirements of §§ 155.045 through 155.057 of this chapter, if applicable. Refer to § 155.143 of this chapter:
   (A)   Churches, synagogues, temples, cathedrals or places of worship;
   (B)   Public or private schools;
   (C)   Public or private non-profit social service, community or recreational facilities;
   (D)   Governmental structures such as city offices, fire station, library, post office, military, sanitary sewer and storm water management facilities, road building maintenance facilities or water district facilities;
   (E)   Public or private parks, open spaces or trails;
   (F)   Public utilities including wells, water storage tanks or sanitary sewer pump stations;
   (G)   Private utilities including electric power substations; telephone exchanges; television, radio or microwave transmission facilities; and
   (H)   Other similar uses deemed appropriate by Planning Commission.
(Prior Code, § 16.060.005) (Ord. 450, passed 12-18-2017)
§ 155.317 CONDITIONAL USES.
   (A)   Subject to the requirements of §§ 155.045 through 155.057 of this chapter, if applicable, and the development standards herein.
   (B)   The following uses and their accessory structures may be permitted in the IPU District when authorized by the Planning Commission pursuant to conditional use permit:
      (1)   Commercial day care facilities;
      (2)   Cemeteries, mortuaries and funeral homes; and
      (3)   Broadcast towers or other antennas.
(Prior Code, § 16.060.010) (Ord. 450, passed 12-18-2017)
§ 155.318 DIMENSIONAL STANDARDS.
   The following dimensional standards are the minimum requirements for all development in the IPU District, except for modifications permitted under §§ 155.500 through 155.502 and §§ 155.610 through 155.614 of this chapter.
   (A)   Lot/parcel size. No minimum lot or parcel size.
   (B)   Lot/parcel depth and width. No minimum lot width or depth.
   (C)   Setback requirements. Principle structures and accessory structures with a floor area greater than 200 square feet shall maintain the following minimum yard setbacks:
      (1)   Front yard: same as most restrictive adjacent residential front yard setback standard;
      (2)   Rear yard: ten feet;
      (3)   Interior side yard: ten feet for primary structures, five feet for accessory structures; and
      (4)   Street side yard: ten feet, plus additional space necessary to comply with the standards of § 155.656 of this chapter.
   (D)   Flag lots approved. Flag lots are subject to §§ 155.545 through 155.552 of this chapter.
   (E)   Height. Height of buildings: 35 feet.
   (F)   Lot/parcel coverage. None; provided that, all setbacks and parking requirements are met.
(Prior Code, § 16.060.015) (Ord. 450, passed 12-18-2017)
§ 155.319 PARKING REQUIREMENTS.
   Parking requirements are specified in §§ 155.670 through 155.676 of this chapter.
(Prior Code, § 16.060.020) (Ord. 450, passed 12-18-2017)
FP FLOODPLAIN OVERLAY DISTRICT
§ 155.330 PURPOSE.
   The purpose of the Floodplain Overlay District (FP) is to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:
   (A)   To protect human life and health;
   (B)   To minimize expenditure of public money and costly flood-control projects;
   (C)   To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
   (D)   To minimize prolonged business interruptions;
   (E)   To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
   (F)   To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
   (G)   To ensure that potential buyers are notified that property is in an area of special flood hazard; and
   (H)   To ensure that those who occupy the areas of special flood hazards assume responsibility for their actions.
(Prior Code, § 16.065.000) (Ord. 432, passed 10-17-2016; Ord. 445, passed 5-15-2017; Ord. 454, passed 10-1-2018)
§ 155.331 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACTIVE FLOODPLAIN. The identified area of special flood hazard, but excluding the watercourse or channel of any river, creek or tributary to the bank full stage.
   APPEAL. A request for a review of the Planning Commission’s interpretation of any provision of this subchapter or a request for a variance.
   AREA OF SHALLOW FLOODING. Area designated AO or AH on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding.
   AREA OF SPECIAL FLOOD HAZARD. The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. The area may be designated as Zone A on the FHBM. After detailed ratemaking has been completed in preparation for publication of the flood insurance rate map, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, A, VO or V1-30, VE or V. For purposes of these regulations, the term SPECIAL FLOOD HAZARD AREA is synonymous in meaning with the phrase AREA OF SPECIAL FLOOD HAZARD.
   BANK FULL STAGE. The point at which the flow in the creek channel reaches the maximum height of the watercourse channel, just before flooding into the active floodplain.
   BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
   BASEMENT. Any area of the building having its floor subgrade (below ground level) on all sides.
   CRITICAL FACILITY. A facility for which even a slight chance of flooding might be too great. CRITICAL FACILITIES include, but are not limited to schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste.
   DEVELOPMENT. Any human-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, fencing, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located on a property with area within the area of special flood hazard.
   ELEVATED BUILDING. For insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings or columns.
   EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park subdivision for which the construction of facilities for servicing the lots on the site which existed before the effective date of the adopted floodplain management regulations.
   EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads).
   FLOOD or FLOODING.
      (1)   A general and temporary condition of partial or complete inundation of normally dry land areas from:
         (a)   The overflow of inland or tidal waters;
         (b)   The unusual and rapid accumulation or runoff of surface waters from any source; and
         (c)   Mudslides (such as, mudflows) which are proximately caused by flooding as defined in division (1)(b) above and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
      (2)   The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in division (1)(a) above.
   FLOOD HAZARD BOUNDARY MAP (FHBM). Initial flood hazard identification generally used for emergency program communities.
   FLOOD INSURANCE RATE MAP (FIRM). The official map of a community on which the Flood Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).
   FLOOD INSURANCE STUDY. The official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map and the water surface elevation of the base flood.
   FLOODPLAIN ADMINISTRATOR. The Public Works Director or his or her designee is the city’s Floodplain Administrator.
   FLOODPLAIN REVIEW AUTHORITY. The Planning Commission of the city shall be the city’s Floodplain Review Authority.
   FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
   LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s LOWEST FLOOR; provided that, such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of § 155.346 of this chapter.
   MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term MANUFACTURED HOME does not include a “recreational vehicle”.
   MANUFACTURED HOME PARK OR SUBDIVISION. A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.
   NEW CONSTRUCTION. Structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the city and includes any subsequent improvements to such structures.
   NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations.
   RECREATIONAL VEHICLE. A vehicle which is:
      (1)   Built on a single chassis;
      (2)   Four hundred square feet or less when measured at the largest horizontal projection;
      (3)   Designed to be self-propelled or permanently towable by a light duty truck; and
      (4)   Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use.
   START OF CONSTRUCTION. Includes substantial improvement, and means the date the building permit was issued; provided, the actual start of construction, repair, reconstruction, rehabilitation, addition placement or other improvement was within 180 days of the permit date. The actual START means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual START OF CONSTRUCTION means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
   STRUCTURE. A walled and roofed building including a gas or liquid storage tank that is principally above ground, a modular or temporary building.
   SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
   SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition or other improvements of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include either:
      (1)   Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
      (2)   Any alteration of a “historic structure”; provided that, the alteration will not preclude the structure’s continued designation as a “historic structure”.
   VARIANCE. A grant of relief from the requirements of this subchapter which permits construction in a manner that would otherwise be prohibited by the section.
   WATERCOURSE. The channel and banks of an identifiable river, stream or tributary, and not the adjoining floodplain areas. The flood-carrying capacity of a watercourse refers to the flood-carrying capacity of the channel (except in the case of alluvial fans, where a channel is not typically defined).
(Prior Code, § 16.065.005) (Ord. 432, passed 10-17-2016; Ord. 445, passed 5-15-2017; Ord. 454, passed 10-1-2018)
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