Pilot Rock, Oregon

11.10 Exceptions

11.11 Projections from Buildings.

Cornices, eaves, canopies, sun­shades, gutters, chimneys, flues and other architectural features may project not more than two (2) feet into a required yard of open space as established by this Ordinance.

11.12 Height Exceptions.

The following types of structures or structural parts are not subject to the building height limitations of this ordinance: chimneys, church spires, belfries, radio and television antennae, flagpoles, smoke stacks and other similar projections.

11.13 Lot Size Requirements.

If a property ownership, whether it be a lot or more than one contiguous lot held in a single ownership at the time of passage of this Ordinance, has an area or dimension which does not meet the lot size requirements of the zone in which the property is located, the holdings may be occupied by a use permitted in the zone subject to the other requirements of the zone, provided that, if there is an area deficiency, residential use shall be limited to a single-family dwelling or to the number of dwelling units consistent with the density requirements of the zone. The record of ownership as recorded in the office of the County Clerk at the time of passage of this Ordinance shall be the basis for application of this exception unless the owner submits proof that a different owner­ship existed at the time the provisions of this ordinance became applicable to the land concerned.

11.20 Accessory Uses and Facilities.

Accessory uses and facilities are allowable in any district when incidental to and associated with a permitted use or facility, or when incidental to and associated with an allowable and authorized conditional use therein, subject to the provisions of this section.

11.21 Requirements.

Accessory uses and facilities shall meet the following requirements:

1. Shall be subordinate to the primary activity of the principal use or the principal facility, respectively.
2. Shall contribute to the comfort, convenience, efficiency, or necessity of the occupants or the activities of a principal use, or the function of a principal structure.
3. Shall be located on the same site as the principal use or structure served.
4. Shall not violate setback requirements or maximum lot coverage standards provided for in Article 3.
5. Shall obtain approval from the City Recorder or Zoning Administrator for permitted use and from the Planning Commission for other uses.

11.22 Classifications of Accessory

Uses include, but are not limited to, the following types:

1. Permitted Accessory Uses, subject to approval by the City Recorder or Zoning Administrator.
   1. Parking lots;
   2. Private swimming pools for homes, motels, apartments, etc.;
   3. Storage sheds;
   4. Garages and carports;
   5. Workshops;
   6. Patios, decks, covered porches, gazebos;
   7. Personal use (non-commercial) greenhouses;
   8. Accessory structures, uses, or facilities adjudged by the City Recorder or Zoning Administrator to be similar to the above;
   9. Street or highway overlays, reconstruction or improvements;
   10. Sewer or waterline installation or replacement;
   11. Bridge construction or replacement outside designated flood hazard areas;
   12. Minor utility line used for electricity, telephone or cable TV;
   13. Personal use dish antennae.
2. Accessory Uses allowed as a Minor Conditional Use, subject to the requirements of Article 5, et seq. and:
   1. Home occupations;
   2. Accessory dwellings (one only) for the owner or operator of a permitted commercial use;
   3. Accessory uses, structures, or facilities not listed herein that have the potential of creating negative impacts on neighboring properties as adjudged by the City Recorder and Zoning Administrator;
   4. Bridge construction or reconstruction in a Flood Hazard Area.

11.23 Continuation of Allowable Accessory Use.

No use or facility permitted as an accessory use or facility pursuant to this section shall be construed to be permitted as a principal use or facility unless specifically authorized as a permitted or conditional use in the district in which it shall be located. Operation, occupancy, and continuance of allowable accessory uses and facilities shall be conditional upon the continued occupancy or use of the principal use or facility being served.

11.24 Home Occupations.

Home occupations are allowable as an accessory use of a dwelling and accessory structures commonly provided in con­junction with a dwelling subject to the following standards:

1. Only inhabitants of the dwelling are employed.
2. The residential character of the dwelling and property are maintained.
3. The occupation is lawful.
4. The occupation is conducted in such manner that storage or display of merchandise is not visible from off the property.
5. The occupation may not infringe upon the right of neighboring residents.

11.25 ACCESS MANAGEMENT AND STREET CONNECTIVITY.

1. Intent and Purpose. The intent of this ordinance is to manage access to land development while preserving the flow of traffic in terms of safety, capacity, functional classification, and level of service. Major roadways, including highways, arterials, and collectors serve as the primary network for moving people and goods. These transportation corridors also provide access to businesses and homes and have served as the focus for commercial and residential development. If access points are not properly designed, these roadways will be unable to accommodate the needs of development and retain their primary transportation function. This ordinance balances the right of reasonable access to private property with the right of the citizens of the City and the State of Oregon to safe and efficient travel. To achieve this policy intent, state and local roadways have been categorized the Transportation System Plan by function and classified for access purposes based upon their level of importance and function. Regulations have been applied to these roadways for the purpose of reducing traffic accidents, personal injury, and property damage attributable to poorly designed access systems, and to thereby improve the safety and operation of the roadway network. This will protect the substantial public investment in the existing transportation system and reduce the need for expensive remedial measures. These regulations also further the orderly layout and use of land, protect community character, and conserve natural resources by promoting well-designed road and access systems and discouraging the unplanned subdivision of land.
2. Applicability. This ordinance shall apply to all arterials an collectors within the city and to all properties that abut these roadways.
3. Conformance with Plans, Regulations and Statutes. This ordinance is adopted to implement the access management policies of the city as set forth in the Transportation System Plan.
4. Joint Use Driveways and Cross Access.
   1. Adjacent commercial or office properties identified as major traffic generators (generating more than 400 daily trips as defined by the Institute of Transportation Engineers Trip Generation Manual), shall provide a cross access drive and pedestrian access to allow circulation between sites.
   2. 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 10 mph and a maximum width of 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.
      4. A unified access and circulation system plan for coordinated or shared parking areas is encouraged.
   3. Shared parking areas shall be permitted a reduction in required parking spaces if peak demands do not occur at the same time periods.
   4. Pursuant to this section, property owners shall:
      1. Record an easement with the deed allowing cross access to and from other properties served by the joint use driveways and cross access or service drive;
      2. Record an agreement with the deed that remaining access rights along the roadway will be dedicated to the City of Pilot Rock and pre-existing driveways will be closed and eliminated after construction of the joint-use driveway;
      3. Record a joint maintenance agreement with the deed defining maintenance responsibilities of property owners.
   5. 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, recorded with the deed, that pre-existing connections on the site will be closed and eliminated after construction of each side of the joint use driveway
   6. The City of Pilot Rock may modify or waive the requirements of this section where the characteristics or layout of abutting properties would make the development of a unified or shared access and circulation system impractical.
5. Access Connection and Driveway Design.
   1. Driveway approaches must be designed and located to provide an exiting vehicle with an unobstructed view. Construction of driveways along acceleration or deceleration lanes and tapers shall be avoided due to the potential for vehicular weaving conflicts.
   2. The length of driveways shall be designed in accordance with the anticipated storage length for entering and exiting vehicles to prevent vehicles from backing into the flow of traffic on the public street or causing unsafe conflicts with on-site circulation.
6. Nonconforming Access Features.
   1. Legal access connections in place as of (date of adoption) that do not conform with the standards herein are considered nonconforming features and shall be brought into compliance with applicable standards under the following conditions:
      1. When new access permits are requested;
      2. Change in use, enlargements, or improvements that will increase trip generation.
7. Requirements for Phased Development Plans
   1. 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 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 shall be cited for any violation.
   2. 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.