§ 17.52.030. Standards governing conditional uses

In addition to the standards of the zone in which the conditional use is located the other standards of this title, and the city public works design standards as adopted by the city council, conditional uses shall meet the following standards.

A. Height. In any zone, a building which is classified as a conditional use may exceed the height restriction of the zone in which the property is located, provided the increase in building height does not interfere with or detract from nearby property and provided further that the building is set back from the property line an additional one foot for each two feet of building height.

B. Standards for a Manufactured Home Park. Each application for a manufactured home park as a conditional use shall meet the following requirements.

1. The application for a permit to construct a new manufactured home park or to expand an existing manufactured home park shall be accompanied by four copies of the plot plan of the proposed park. The plot plan shall be drawn to a scale the same as subdivision requirements. The drawing shall be placed on substantial tracing paper, and shall show the following information:

a. Name of the person who prepared the plan;

b. Name of the manufactured home park and address;

c. Scale and north point of the plan;

d. Boundaries and dimensions of the manufactured home space;

e. Locations and dimensions of each manufactured home space;

f. Location and dimensions of each existing or proposed building;

g. Location and width of access ways and walkways;

h. Location of each lighting fixture for lighting the manufactured home spaces and grounds;

i. Location of recreation areas and buildings, the area of recreation space in square feet;

j. Location of point where manufactured home park water and sewer system connects with the public system;

k. Location of available fire and irrigation hydrants;

l. Location of public telephone service for the park;

m. Enlarged plot plan of a typical manufactured home space, showing location of the stand, patio, storage space, parking, sidewalk, utility connections, and landscaping;

n. Location of all buried utility services;

o. A workable drainage plan;

p. Proof of arrangement to connect the manufactured homes to the city sewer system if the lot is served by the sewer, or to a state-approved septic tank system if the lot is not served by a sewer;

2. Arrangement of Manufactured Home Park.

a. Each manufactured home pad shall have two off-street parking spaces;

b. Off-street guest parking shall be provided at the ratio of one parking space for each four manufactured home pads. Clubhouse and community building parking may account for up to fifty (50) percent of these requirements;

c. Recreational vehicle parking will be supplied at the rate of one space (at least four hundred fifty (450) square feet in size) per ten (10) manufactured homes;

d. Buffering and screening between the park and adjacent properties or roadways is required. Buffers and screens will consist of existing or planted vegetation, sight-obscuring fences, hedges or walls, earth berms, or similar techniques.

i. The planning commission may require earth berms or walls where sound transmission or other environmental problems can be anticipated. Planted screens should be sufficient to obscure the proposed use within four years;

ii. The planning commission may require additional buffering within the development to protect sensitive natural features, such as streams or to safeguard cliffs and areas of steep slope;

iii. Buffering shall be no less than twenty-four (24) feet and screening shall be four to six feet high including the wall or earth berm;

iv. The park developer will provide landscaping around each manufactured home and in public recreation areas. Screens and planted buffers will also be landscaped.

e. No individual manufactured home shall have direct access onto a city street;

f. Adequate fire protection shall be provided to the manufactured home park;

g. Access to a public street. A manufactured home park shall not be established on any site that does not have access to any public street on which the potential paving width is less than thirty (30) feet;

h. Service buildings. Service buildings housing sanitation facilities shall comply with all applicable city and state ordinances and statutes regulating buildings, electrical installations and plumbing and sanitation systems;

i. Structures. Structures located in any manufactured home space shall be limited to a storage building, ramada or carport. The storage buildings, ramada or carport may be combined as one structure. No structural additions shall be built onto or become a part of any manufactured home, except for rain flashing and no manufactured home shall support any building in any manner. The words "structural additions" shall not be construed to exclude the construction of an awning, patio cover or cabana adjacent to the manufactured home;

j. Every manufactured home park shall have an office and a sign designating the same;

k. All manufactured home parks shall include a minimum of thirty (30) percent of the site for common, functional open space. The following areas shall not be considered as open space:

i. Surfaced widths or park roads;

ii. Recreational vehicle, guest and unit parking areas;

iii. Common open space may include community recreational areas and facilities such as playgrounds, swimming pools and club houses, provided that no more than fifty (50) percent of the required buffer strips are included in the community open space totals;

3. Minimum area requirements for manufactured home parks or the expansion of current manufactured home parks:

a. The total space occupied by all manufactured homes and structures (within the manufactured home park) shall not exceed forty (40) percent. Total paved surface shall not exceed eighty (80) percent;

b. Occupied manufactured homes shall be parked only on stands provided and shall be set back a minimum of five feet from the edge of all access ways;

c. Each manufactured home space shall be provided with a patio or a raised deck having a minimum area of one hundred twenty (120) square feet. The patio or raised deck shall have a minimum length of ten (10) feet;

d. One permanent storage building containing a minimum of twenty-four (24) square feet of floor space area shall be provided for each manufactured home space. The building height shall not be less than seven feet nor more than nine feet;

e. Minimum space requirements between manufactured homes:

i. Ten (10) feet end to end, fifteen (15) feet side to side, and ten (10) feet from any building (including carports, cabanas, ramadas, and storage buildings);

ii. No unit shall be closer than five feet to any buffer or screening;

f. The minimum size of a manufactured home park shall be one acre;

g. The minimum area per manufactured dwelling in a manufactured home park shall be eight thousand (8,000) square feet for the first two manufactured homes plus three thousand (3,000) square feet for each additional manufactured home;

4. Improvement requirements for a new manufactured home park or the expansion of an existing park are as follows:

a. Manufactured homes will be situated on a concrete slab, constructed in conformance with state requirements, that exceeds the outside dimensions of the manufactured home by twelve (12) inches;

b. Access ways and sidewalks shall be hard-surfaced with asphalt or concrete;

c. All access ways and walkways within the park shall be lighted at night. Lighting shall be hooded to focus lights onto access ways and walkways;

d. Public telephone services shall be made available for the manufactured home park residents;

e. All drainage plans will show:

i. Existing drainage ways and how the development will use or affect them;

ii. Location of all proposed storm drain openings, catch basins, and/or dry wells;

iii. Size and location of all storm drains;

iv. Location of all outflows;

v. Existing manufactured home parks may be expanded or altered after an expansion or alteration permit is issued by the planning commission. The application, filed by the owner or other real partner in interest, will be filed and processed in the same manner as an application for a new manufactured home park;

vi. The manufactured home park owner is responsible to maintain the park and all landscaping in a clean and neat manner and to minimize all health and safety hazards;

vii. All manufactured home parks will conform with state, county, and all city laws, regulations and statutes. In a case of differing standards, the more restrictive shall apply.

C. Standards for Nursery Schools, Pre-schools, Kindergartens or Similar Facilities.

1. Pre-schools, nursery schools, and kindergartens shall provide and maintain at least one hundred (100) square feet of outdoor play area per child. A sight obscuring fence of four to six feet shall separate the play area from the abutting lots;

2. A structure other than a private residence shall be used if more than fifteen (15) children are to be enrolled or cared for at the facility;

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

D. Standards for Parking Lots in a Residential Zone Intended to Serve Uses in a Commercial Zone.

1. The parking lot shall be consistent with the standards in Section 17.44.060 of this title;

2. The parking lot shall have an asphalt, concrete, or other all weather dust free surfacing;

3. Screening shall be provided on each side of the parking lot which abuts a residential use in a residential zone. The screening shall consist of a continuous fence or wall a minimum of three feet in height, supplemented with landscape planting, so as to effectively screen the parking lot from the residential zone.

E. Standards for a Wireless Telecommunications Tower (WCF).

1. Application Requirements. In addition to all standard required application materials, an applicant for a new WCF shall submit the following information:

a. A visual study containing, at a minimum, a vicinity map depicting where, within a half-mile radius, any portion of the proposed tower could be visible, and a graphic simulation showing the appearance of the proposed tower and accessory structures from two separate points within the impacted vicinity, accompanied by an assessment of potential mitigation measures. Such points are to be mutually agreed upon by the applicant and the zoning official.

b. Documentation of the actions that will be taken to minimize the visual impact of the proposed facility.

c. A landscape plan, drawn to scale, that is consistent with the need for screening at the site. Existing vegetation that is to be removed must be clearly indicated and provisions for mitigation included where appropriate.

d. A feasibility study for the collocation of telecommunication facilities as an alternative to new structures. The feasibility study shall include:

i. An inventory, including the location, ownership, height and design of existing WCFs within one mile of the proposed location of a new WCF.

ii. Documentation of the efforts that have been made to collocate on existing or previously approved towers. Each applicant shall make a good faith effort to contact the owner(s) of all existing or approved towers and shall provide a list of all owners contacted in the area.

iii. Documentation as to why collocation on existing or proposed towers or location on an existing tall structure within one mile of the proposed site is not practical or feasible. Collocation shall not be precluded simply because a reasonable fee for shared use is charged or because of reasonable costs necessary to adapt the existing and proposed uses to a shared tower. The city may consider expert testimony to determine whether the fee and costs are reasonable. Collocation costs exceeding new tower development are presumed to be unreasonable.

e. A report containing the following information:

i. A description of the proposed tower height and design, including technical, engineering, and other pertinent factors governing selection of the proposed design. A cross section of the proposed tower structure shall be included. If the proposed tower is intended to accommodate future collocation, the applicant shall document that the design is sufficient for the purpose. If the proposed tower is not intended to allow for future collocation, the applicant shall provide an explanation of why it is not so intended.

ii. The total anticipated capacity of the tower in terms of the number and types of antennae which can be accommodated. The applicant shall also describe any limitations on the ability of the tower to accommodate collocation. The applicant shall describe the technical options available to overcome those limitations and reasons why the technical options considered were not used.

iii. Documentation that the proposed tower will have sufficient structural integrity for the proposed uses at the proposed location, in conformance with the minimum safety requirements of the state Structural Specialty Code, latest adopted edition at the time of the application.

iv. A description of mitigation methods which will be employed to avoid ice hazards, including increased setbacks, and/or de-icing equipment.

v. Documentation demonstrating compliance with non-ionizing electromagnetic radiation emissions standards as set forth by the Federal Communications Commission.

vi. Evidence that the proposed tower will comply with the applicable requirements of Federal Aviation Administration, the Aeronautics Section of the Oregon Department of Transportation, and the Federal Communications Commission.

f. A description of anticipated maintenance needs, including frequency of service, personnel needs, equipment needs and potential safety impacts of such maintenance.

g. The planning commission may request any other information deemed necessary to fully evaluate and review the application and potential impact of a proposed WCF.

2. Collocation. In order to encourage shared use of towers, all new WCFs shall comply with the following collection standards:

a. To encourage shared use of towers, no conditional use permit shall be required for the addition of antennae to an existing tower, nor shall a conditional use permit be required for accompanying accessory uses.

b. All collocation facilities shall meet all requirements of the state of Oregon Structural Specialty Code, latest adopted edition. A building permit shall be required for such additions. Documentation from a licensed professional engineer may be required by the planning commission or building official in order to verify that changes or additions to the tower structure will not adversely affect the structural integrity of the tower.

c. All collocated facilities shall be designed in such a way as to be visually compatible with the tower structures on which they are placed.

3. Development Standards. All new WCFs shall comply with the following standards:

a. Visual Impact.

i. Tower Height. Freestanding WCFs shall be exempted from the height limitations of the zone in which they are located, but shall comply with setback requirements in subsection A of this section. The height and mass of the transmission tower shall be the minimum which is necessary for its intended use, as demonstrated in a report prepared by a licensed professional engineer. A WCF which is attached to an alternative tower structure may not exceed the height of the alternative tower structure, unless findings are made by the planning commission that such an increase will have a deminis impact on the appearance of the structure.

ii. Paint and Finish.

(A) Towers, antennae and associated equipment shall use, and continuously maintain, a galvanized steel finish or be painted a nonreflective, neutral color, as approved by the planning commission. Attached communications facilities shall be painted so as to be identical to or compatible with the existing structure.

(B) All ancillary facilities shall be colored and surfaced so as to blend into the surrounding natural and built environment.

iii. Storage. Unenclosed storage of materials is prohibited.

b. Site Size and Location.

i. The site on which a transmission tower is located shall be of a sufficient shape and size to provide adequate setbacks as specified below. Towers may be located on sites containing other principal uses in the same buildable area as long as all of the other general requirements of subsection D of this section are met.

ii. Wherever possible, tower sites shall be large enough and structurally sufficient to allow for additional collocated and ancillary facilities, unless a finding is made by the planning commission that the tower will not accommodate future collocation. This standard shall not apply to antennae attached to existing structures.

c. Separation and Setbacks.

i. Freestanding WCFs shall be set back from any other property line as required under subsection A of this section. The planning commission may require a larger setback for purposes of mitigating visual impacts or improving compatibility with other uses on the property, but the setback may not be greater than the tower height.

ii. Freestanding WCFs shall be located on sites containing other principal uses must maintain a minimum distance between the tower and other principal uses by at least twenty-five (25) feet, unless this requirement is specifically waived by the planning commission.

iii. A guyed wire tower located on sites containing other principal uses must maintain a minimum distance between the tower and other principal uses of the greater of one hundred (100) percent breakpoint or twenty-five (25) feet, unless this requirement is specifically waived by the planning commission.

iv. Towers and antennas mounted on rooftops or alternative tower structures shall be exempted from these minimum separation requirements. However, WCFs and related equipment may be required to be set back from the edge of the roof line in order to minimize their visual impact on surrounding properties.

d. Lighting. No lighting shall be permitted on transmission towers except (1) lighting that required by the Oregon State Aeronautics Division or the Federal Aviation Administration, (2) security lighting for the site placed not higher than thirty (30) feet above ground level, and/or, (3) if the tower is located adjacent to an athletic field, field lighting for the athletic field.

e. Signs. All signs are prohibited on WCFs, except for one non-illuminated sign, not to exceed twelve (12) square feet, which shall be provided at the main entrance to the facility stating the owner's name and address, including a contact name and phone number for emergency purposes.

f. Security. WCFs shall be enclosed by decay resistant security fencing not less than six feet in height and shall be equipped with an appropriate anti-climbing device. Fencing shall be compatible with other nearby fencing. Such requirements may be waived for attached WCFs.

g. Landscaping. Landscaping shall be placed around the outside perimeter of the security fencing and shall consist of vegetation that can reach a minimum height of six feet and will form a continuous hedge. Trees and shrubs in the vicinity of guy wires shall be of a kind that will not exceed twenty (20) feet in height and will not affect the stability of the guy wires. Landscaping shall be compatible with other nearby landscaping.

4. Deed Covenants. If a new tower is approved, the owner shall be required, as a condition of approval, to:

a. Record the conditions of approval specified by the city in the deed records office in the county clerks office of the county in which the tower site is located. Such conditions shall run with the land and be binding on subsequent purchasers of the tower site;

b. Respond in a timely, comprehensive manner to a request for information from a potential shared use applicant; and

c. Negotiate in good faith for shared use by third parties.

5. Abandoned Facilities.

a. In the event that an owner discontinues use of a transmission facility for more than six consecutive months, the city may declare the facility abandoned and require the property owner to remove it. An abandoned facility may be declared a nuisance subject to abatement procedures in Mill City Code Chapter 8. Delay by the city in taking action shall not in any way waive the city's right to take action. Upon written application prior to the expiration of the six-month period, the planning commission may grant a six-month extension for reuse of the facility. Additional extensions beyond the first six-month extension may be granted by the planning commission subject to any conditions required to bring the project into compliance with current law(s) and make compatible with surrounding developments.

b. The applicant for a new WCF shall provide an affidavit, signed by the property owner, indicating that the owner has read, and understands subsection (E)(4)(a) of this section.

(Ord. 326 § 2, 2004; Ord. 283 § 7, 2001: Ord. 280 § 3, 2000: Ord. 273 § 7.030, 1998)

(Ord. No. 369, § 7, 8-13-2013)