Skip to main content
Loading…
This section is included in your selections.

Certain conditional uses shall meet the following standards:

A. Daycares and Preschools.

1. At least 75 square feet of outdoor play and socializing area per child or adult shall be provided, but in no case shall the total area be less than 500 square feet.

2. If planned for children, the outdoor plan shall be adequately fenced in order to provide for their safety.

3. If the daycare facility is not a residential use as provided in ORS 657A.440, the daycare facility shall not be located in a single-family residence.

4. The facility shall be readily accessible for fire and other emergency vehicles.

5. The facility shall meet all applicable state licensing requirements. Proof that these requirements are met shall be provided.

6. Adequate space must be provided on site to allow for drop-off of the children or adults, preferably a circular drive. L-shaped drives and alley drop-offs may also be approved.

7. Parking areas and ingress-egress points are designed so as to facilitate traffic, bicycle, and pedestrian safety; to avoid congestion; and to minimize curb cuts on arterial and collector streets.

B. Temporary Medical Hardship.

1. The mobile home will be occupied by an infirm person, or by one or more individuals engaged in caring for the infirm person, whose infirmity renders that person incapable of maintaining a residence on separate property.

2. The infirmity must be due to physical or mental impairment verified by a written statement from a medical doctor or other responsible individual or agency, which clearly indicates that the infirm person is not capable of maintaining a residence on separate property. Financial hardship, childcare and other convenience arrangements not relating to physical or mental impairment are not considered infirm conditions for which a permit can be issued.

3. The mobile home shall not be occupied until it is connected to the public sewer system.

4. The location of the mobile home will not violate the minimum yard setbacks required in the zone in which it will be located.

5. The applicant has agreed to vacate the mobile home within 45 days after the unit has ceased to be used for the purpose for which the permit was issued, and to remove the mobile home within 90 days after the unit has ceased to be used for such purpose. In any event, the mobile home shall be removed from the premises by the day of the expiration of the permit unless the permit has been renewed in conformance with subsection (B)(6) of this section.

6. A conditional use permit for a temporary mobile home will be valid for one year from the date of issuance and must be renewed on an annual basis, unless a shorter time limit is placed upon the permit by the planning commission. The applicant shall be responsible for applying to the planning commission for renewal at least 30 days before the expiration date of the permit.

C. Neighborhood Commercial.

1. Located on a lot of not more than 12,000 square feet in area and where the exterior appearance has a residential appearance similar to the residences on adjacent properties.

2. Permitted Uses. Uses shall be limited to small-scale establishments that serve the neighborhood or the community that do not exceed 2,000 square feet of floor area and are located at the intersection of a designated arterial and/or collector street. Allowable uses include those allowed in the commercial zoning districts.

3. Outdoor Activities Prohibited. All business operations except off-street parking and temporary activities associated with an established business shall be conducted entirely within an enclosed building.

4. Automobile-Oriented Uses Prohibited. Prohibited automobile-oriented uses include:

a. Businesses that repair, sell, rent, store, or service automobiles, trucks, motorcycles, buses, recreational vehicles, boats, construction equipment, and similar vehicles and equipment.

b. Drive-up, drive-in, and drive-through facilities.

5. Maximum Size. The maximum commercial floor area shall not exceed 2,000 square feet per neighborhood commercial site. There may be up to four neighborhood commercial sites at one intersection (one on each corner).

6. Signs. One sign for each facing street per business or use conducted within the building, not to exceed 20 square feet in area. Signs attached flat against the building shall not project more than 12 inches from the wall nor project above the roof or parapet wall. Freestanding signs shall be located on the property and shall not project beyond the property line.

7. Additional Standards. The planning commission may limit the type, extent, and hours of operation of a proposed use and may require additional standards to protect adjacent property owners based upon evidence submitted at the public hearing.

D. Buildings over Two and One-Half Stories or 30 Feet in Height, Whichever Is the Lesser. Subject to the provisions of TMC 18.90.050(B).

E. The Having, Keeping or Maintaining of Any Apiary (Beehives) of More than Two Colonies.

1. The number of colonies is limited to two colonies per legal lot with a minimum of 8,000 square feet of lot area, plus one additional colony per each additional 8,000 square feet of lot area, up to a maximum of four colonies regardless of lot size.

2. Colonies shall be located in the side or rear yard, and set back no less than 10 feet from the nearest property line.

3. Hives shall be placed on property so the general flight pattern of bees does not unduly impact neighboring properties or their inhabitants. If any portion of a hive is located within 30 feet of a public or private property line, a flyaway barrier at least six feet in height shall be established and maintained around the hive. The flyaway barrier shall be located along the property boundary or parallel to the property line, and shall consist of a solid wall, solid fencing material, dense vegetation or combination thereof extending at least 10 feet beyond the colony in each direction, so that all honey bees are forced to fly at an elevation of at least six feet above ground level over the property lines in the vicinity of the colony.

4. Colonies shall be maintained in movable-frame hives with adequate space and management techniques to prevent overcrowding.

5. Every beekeeper shall maintain a supply of water for the bees located within 10 feet of each hive. The water shall be in a location that minimizes any nuisance created by bees seeking water on neighboring property.

6. Hives shall be actively maintained. Hives not under human management and maintenance shall be dismantled or removed.

7. In any instance in which a colony exhibits unusually aggressive characteristics or a disposition toward swarming, it shall be the duty of the beekeeper to promptly requeen the colony with another queen, or the colony will be destroyed.

F. Standards for High Impact Transportation and Recreation Facilities Such as Community Centers, Fraternal or Lodge Buildings, Sports Complexes, Bowling Alleys, Pool Halls, Stadiums, Equestrian Arenas, Golf Courses, Swimming Pools, Heliports, Helistops, and Bus or Train Terminals.

1. Major noise generators shall be located a minimum of 30 feet from residential property lines and shall be screened by a noise attenuating barrier.

2. Transportation facilities must be consistent with or incorporated into the transportation system plan (TSP).

3. Major public recreation facilities must be consistent with or incorporated into the parks, recreation, and open space plan.

4. A traffic impact study may be required in accordance with Chapter 18.185 TMC, Traffic Impact Study. A parking study may be required in accordance with the Talent comprehensive plan. The development project must include mitigation for any decrease in level of service exceeding city standards or the operational safety of the transportation system.

G. Standards for Automobile Service Stations, Automobile Wrecking Yards and Contractor Offices and Storage Yards.

1. All activities associated with automotive repair and service, with the exception of maintenance activities such as pumping gas or changing tires, shall take place within a building constructed to ensure that noise or odors do not disturb the normal operation or livability of neighboring uses.

2. Storage of vehicles to be repaired shall be screened by a sight-obscuring fence, wall, or hedge.

3. There shall be a minimum of a 10-foot front yard setback that is landscaped.

4. There shall be a physical barrier between the driving surfaces and pedestrian areas.

5. All areas of the site where vehicles, vehicle parts or equipment will be stored, repaired, or displayed must be paved.

6. The areas around fuel pumps and over underground storage tanks must be paved with concrete.

7. Public restroom facilities must be available within the building.

8. All storm water runoff must be pretreated with pollution control devices before entering into the public storm water system.

H. Drive-In, Drive-Up and Drive-Through Facilities.

1. Drive-up uses may be approved in areas identified as CBH, CH and CI zoning districts only and only in these zoning districts along Valley View Road and east of a line drawn perpendicular to South Pacific Highway and west of Bear Creek (refer to the drive-up overlay map attached to the ordinance codified in this title).

2. Drive-up uses in existence at the time of the adoption of the ordinance codified in this title or amendments thereof and not within the area identified on the drive-up overlay map are considered legal-conforming uses except for the following circumstances:

a. If such uses are abandoned or the drive-up window function of the business is abandoned for a period of six months, the drive-up window function would not be permitted to reopen.

b. If such uses are substantially altered (40 percent of the building’s exterior walls are modified, added on to, etc.), at least three of the design standards identified in subsection (H)(5) of this section shall be incorporated into the final site or building design.

3. Drive-up lines, including menu speaker, service window and stacking area, shall be to the side or rear of the building with the intent to minimize the visibility of these elements from the public street and adjacent residential dwellings. Infill of existing parking lots along a street’s frontage is encouraged.

4. Drive-up menu speakers and service windows shall be at least 200 feet from the nearest residentially zoned property line. Menu speakers shall not have a noise decibel reading greater than 55 decibels at the property line and shall otherwise comply with Chapter 8.10 TMC relating to unnecessary noises.

5. Drive-up buildings shall have their primary orientation toward the public street rather than the parking area. Building entrances shall be oriented toward the street and shall be accessed from a public sidewalk. Where buildings are located on a corner, the building entrance shall be oriented toward the higher order street or to the lot corner at the intersection of the streets. Buildings shall be located as close to the intersection corner as practicable. Exceptions may be granted for topographic constraints, lot configuration, designs where a greater setback results in an improved access or for sites with multiple building spaces such as shopping centers where this standard is met by other building storefronts.

6. In addition to the parking area improvements required as part of TMC 18.110.130, parking areas shall be designed to incorporate five of the eight following design elements for visual, aesthetic and environmental relief:

a. One shade tree per seven parking spaces;

b. Bioswale plant and filtration system;

c. Storm water oil separators;

d. Decorative landscape walls, maximum 24 inches in height;

e. Porous concrete in “plaza” areas (sidewalks, plaza space, outdoor dining space, etc.);

f. Mounded earth landscaping;

g. Fifteen-foot landscape or hardscape buffer between sidewalk and parking area;

h. Use light colored paving materials with a high solar reflectance index (SRI) of at least 0.29 to reduce heat absorption for a minimum of 50 percent of the parking surface area.

7. Drive-up buildings shall incorporate one square foot of “plaza space” for every 10 square feet of gross floor area. The plaza space must incorporate three of the six following design elements:

a. Seating. One seat for each 500 square feet of building area;

b. Shelter or windbreaks for inclement weather;

c. Trees. One tree per 500 square feet of plaza space;

d. A mixture of areas that provide both sunlight and shade;

e. Water feature or art (may include decorative surface art);

f. Outdoor eating areas.

8. Drive-up buildings shall have a minimum first floor area ratio of 35 percent (building footprint area to lot size area). Plaza space may be considered as part of first floor area, but not greater than 30 percent of the required floor area ratio.

9. Drive-up buildings shall incorporate transparent window glazing and shall be encouraged to use window awnings in order to reduce heat gain.

10. Drive-up lanes shall either be flat or downhill to minimize excessive fuel consumption and exhaust during the wait in line.

11. Drive-up lanes shall be designed to provide as much natural ventilation as possible to eliminate the buildup of exhaust gases.

12. Drive-up lanes shall provide sufficient stacking to ensure that public rights-of-way, including sidewalks, are not obstructed.

13. Drive-up buildings shall be fixed buildings with standard foundations. No temporary structure such as a vending cart, mobile or trailer is permissible.

14. Areas along the street without building frontage, between the street and the parking area or drive-through lane, shall be landscaped in order to minimize visibility of vehicles and asphalt.

15. Trash and recycle areas shall be screened from the public right-of-way.

I. Retail Sales of Medical and Recreational Marijuana.

1. Establishments vending medical or recreational marijuana shall be located at least 100 feet from a residential zone, 100 feet from a mixed-use building with a residential unit, at least 750 feet from a public or private park and at least 1,000 feet from an existing public or private elementary, secondary or career school primarily attended by minors. For purposes of determining the distance between the establishment and the aforementioned areas, “within the specified distance” means a straight line measurement in a radius extending for specified distance or less in every direction from any point on the boundary line of a residential zone, public or private park or from an existing public or private elementary, secondary or career school primarily attended by minors.

2. No extracts, oils, resins or similar products from marijuana shall be produced on site and the use of open flames for the preparation of any products is prohibited.

3. Marijuana and tobacco shall not be used on property where a sale occurs.

4. Establishment shall have air filtering and ventilation systems that confine odors to the premises.

5. Minors are not allowed on the premises unless they are a medical marijuana cardholder and accompanied by a parent or guardian.

6. Owners, operators and employees who have been convicted of manufacturing or delivering drugs once in the past five years or twice in their lifetime may not operate or own a medical or recreational marijuana retail establishment.

7. Prior to operation, background checks for all owners, operators and employees shall be provided to the city. Not providing required background checks for all owners, operators and employees at any time is grounds for revocation of the conditional use permit.

8. Establishments shall keep financial records that are subject to audit (if tax is implemented).

9. Establishment shall not have security bars and shall not operate a drive-through facility.

J. Overnight Recreation Vehicle Parks.

1. The park shall consist of a minimum of one acre.

2. There shall be a minimum of a 20-foot landscaped buffer on all property lines.

3. The public transportation system must be able to support large trucks and trailers.

K. Caretaker or Watch Person Dwelling on the Premises of a Nonresidential Use.

1. Only one dwelling may be situated upon a particular piece of property unless approved by the planning commission.

2. The dwelling shall be separated by at least 10 feet from all other buildings on the property.

3. Setbacks of the dwelling from all property lines shall be the same as for the zone in which the dwelling is located or 10 feet, whichever is greater.

4. If the home is a manufactured dwelling, it shall be constructed to the State of Oregon Manufactured Dwelling Standards enacted on June 15, 1976, or any subsequent amendments thereto and have the Oregon Insignia of Compliance. It shall be a minimum of 12 feet in width and 40 feet in length. It shall be provided with a kitchen having a sink with hot and cold running water and at least one bathroom equipped with a water closet, lavatory and bathtub and/or shower. A building permit must be submitted and approved by the building inspector to ensure that the manufactured dwelling has been properly placed on and securely anchored to state approved foundation and stabilizing devices.

5. All plumbing fixtures shall be connected to a public water supply system and to a public sewerage disposal system and be equipped with running water. All water and sewer lines connecting the dwelling with public water and sewer lines shall comply with the standards of the city and Rogue Valley Sewer.

6. If a manufactured dwelling is used, the wheels and tongue or hitch shall be removed within 60 days unless a temporary use permit provides for an extended date.

7. Unless placed upon a continuous permanent foundation, the manufactured dwelling shall be completely enclosed with a continuous concrete wall or skirting which shall consist of nondecaying, noncorroding material extending to the ground or to an impervious surface.

8. Skirting and foundation enclosing walls shall have provisions for ventilation and access to the space under the units as follows:

a. The walls or skirting shall have a net ventilation area of not less than one and one-half square feet for each 25 linear feet of exterior wall.

b. Openings shall be arranged to provide cross ventilation on opposing sides and shall be protected with corrosion-resistant wire mesh.

c. All foundation areas shall be provided with a 16-by-24-inch accessway and shall be secured against entry.

9. No additional or accessory buildings shall be permitted in conjunction with a dwelling except as follows:

a. One carport or garage not to exceed 500 square feet in area.

b. One covered or uncovered patio not to exceed 300 square feet in area.

c. One storage building not to exceed 100 square feet in area and which shall be attached to and made a part of a carport or garage and which shall be included as a part of the maximum area provided for the carport or garage.

10. A caretaker residence may be accessory to an existing commercial or industrial use that is in need of protection. The duration of the conditional use may be for the life of the commercial or industrial use and temporary vacancy periods for up to two years. If, at the end of the conditional use, the manufactured dwelling is removed from its permanent foundation, the owner of the property shall sign and record a development agreement approved by the city attorney to remove the foundation and all additions to the manufactured dwelling and permanently disconnect and secure all utilities. The development agreement authorizes the city to perform the work and place a lien against the property for the cost within 30 days from the date on which the manufactured dwelling is moved from its foundation. This condition shall not apply in the event that another approved manufactured dwelling is placed within 30 days of the original unit’s removal.

11. Two off-street parking spaces for the dwelling shall be provided.

L. Wireless Communication Towers.

1. The following items shall be provided:

a. A photo of a similar installation, including the tower, its major components, and a photo montage based on a perception of the surrounding area.

b. A set of manufacturer’s specifications of the support structure, antennas, and accessory buildings with a listing of materials being proposed including colors of the exterior materials.

c. A map indicating all structures, land uses and zoning designations within 250 feet of the site boundaries, or 300 feet if the height of the structure is greater than 50 feet.

d. A collocation feasibility study conducted by a third party shall adequately indicate collocation efforts were made and state the reasons collocation can or cannot occur. This study shall include a map showing all existing wireless communication facilities and providers within a five-mile radius of the proposed location.

2. Site Design for Wireless Communication Towers.

a. The wireless communication tower (including antenna) shall not exceed 75 feet. A submittal verifying the proposed height and mass shall be prepared by a licensed engineer.

b. Signage for wireless communication facilities shall consist of a maximum of two nonilluminated signs, with a maximum of two square feet each stating the name of the facility operator and a contact phone number.

c. The proposed tower shall be constructed and/or treated in a manner that shall camouflage the structure and reduce its visual impact on the surrounding area. Examples of camouflage design include: camouflage as flag pole, monument, steeple, evergreen, or the integration of rooftop towers onto existing buildings, water towers, etc. Rooftop towers must use materials similar to or that blend in with the structure to which they are attached. Other camouflaged tower structures must be of similar height and appearance as other similar structures allowed in the zone, e.g., towers camouflaged as light poles or utility poles must be of similar height and appearance as other such poles. The purpose of this criterion is to reduce the visual impact of the tower.

d. The proposed tower shall be set back from any residential zoning district at least a distance equal to 200 percent of the height of the tower. In all other scenarios, the setback shall be the same as for other structures in the district, except for front yards which shall be a minimum of 20 feet in all zones.

e. Any equipment associated with the tower facility shall be enclosed in a shed or building, which shall be adequately screened from view of the public right-of-way and any adjacent residential or commercial property.

f. The proposed tower shall not utilize a back-up generator as a principal power source. Back-up generators may only be used in the event of a power outage.

g. Facilities shall be designed to accommodate at least three providers, on the condition that this additional capacity does not prevent the applicant from adequately screening or camouflaging the use.

h. The perimeter of the wireless communication facility shall be enclosed with a security fence or wall. Such barriers shall be landscaped in a manner that provides a natural sight-obscuring screen around the barrier to a minimum height of six feet.

i. The outer perimeter of the wireless communication facility shall have a 10-foot landscaped buffer zone and shall be maintained by the property owner to ensure proper growth and health of the surrounding vegetation.

j. The location of the tower and equipment shall comply with all natural resource protection including those for floodplain, wetlands and steep slopes. [Ord. 911 § 2 (Exh. A), 2016; Ord. 817 § 8-3L.246, 2006.]