Code Table of Contents
Title 17 - ZONING - Map
Chapters
17.04 General Provisions
17.08 Definitions
17.12 Zoning Districts Designated
17.16 Residential (R-1) Zone
17.20 Low Density (R-2) Residential Zone
17.24 Central Business Zone (CBZ)
17.28 General Commercial (C-1) Zone
17.32 Industrial (I) Zone
17.36 Public (P) Zone
17.40 Provisions Applicable to all Zones
17.44 Conditional Uses
17.48 Floodplain (FP) Overlay Zone
17.52 Variances
17.56 Site Plan Review
17.60 Amendments
17.64 Administration and Enforcement
index
CHAPTER 17.04 GENERAL PROVISIONS
Sections:
17.04.010 Short title.
17.04.020 Scope.
17.04.030 Minimum requirements for general welfare.
17.04.040 Building permits Occupancy permits.
17.04.050 Duty of enforcement.
17.04.060 Illegal occupancy.
17.04.070 Ownership.
17.04.010 Short title.
This title shall be known as the zoning ordinance of the city
of Elgin and the map provided for herein shall be known as the
zoning map of the city of Elgin. Said map and all explanatory
matter thereon are adopted as a part of this title. (Ord. 5-1983
par 1.01)
17.04.020 Scope.
No building or structure or land within the boundaries of the
city of Elgin shall hereafter be used and no building or part
thereof or any structure of part thereof shall be erected, moved or
altered unless in conformity with the regulations specified in this
title for the district or zone in which it is located, except as
otherwise provided herein. No permit for the construction or
alteration of any building or structure shall be issued unless the
plans, specifications and intended use of such building or
structure conform in all respects with the provisions of this
title. (Ord. 5-1983 par 1.02)
17.04.030 Minimum requirements for general welfare.
The provisions of this title shall be deemed the minimum
requirements for the preservation of the public safety, health,
convenience, comfort and general welfare of the people of the city
of Elgin, Oregon. (Ord. 5-1983 par 1.03)
17.04.040 Building permits Occupancy permits.
No building or structure hereafter erected shall be
constructed, occupied or used, nor shall the use of a building be
changed from a use limited to one district or zone to that of any
other district or zone as defined by this title until a building
permit has been issued by the city of Elgin or its designated
agent. (Ord. 5-1983 par 1.04)
17.04.050 Duty of enforcement.
It shall be the duty of the zoning officer, or committee who
shall be designated by the city council, to see that this title is
enforced. (Ord. 5-1983 par 1.05)
17.04.060 Illegal occupancy.
Any use of any land or any building which deviates from or
violates any of the provisions of this title shall be termed an
illegal use and the person or persons responsible therefor shall be
subject to the penalties herein provided. (Ord. 5-1983 par 1.06)
17.04.070 Ownership.
Any person or persons purchasing property under contract, for
the purposes of this title, shall be deemed to be the owner or
owners of the property covered by the contract. The city council
may require satisfactory evidence of such contract to purchase.
(Ord. 5-1983 par 1.07)
index
CHAPTER 17.08 DEFINITIONS
Sections:
17.08.010 Definitions.
17.08.010 Definitions.
The following words and phrases when used in this title shall
have the meanings attributed to them in this section, excepting in
those instances where the context clearly indicates a different
meaning.
Words used in the present tense include the future; the
singular number includes the plural, and the plural the singular;
the word lot includes the word plot and the word building includes
the word structure.
"Accessory building" means any subordinate building, the use
of which is incidental, appropriate and subordinate to that of the
main building.
"Accessory use" means any use incidental, appropriate and
subordinate to the main use of a lot or building.
"Area of special flood hazard" means the land in the
floodplain within a community subject to a one percent or greater
chance of flooding in any given year. Designation on maps always
includes the letters A or V.
"Base flood" means the flood having a one percent chance of
being equaled or exceeded in any given year. Also referred to as
the "one hundred (100) year flood." Designation on maps always
includes the letters A or V.
"Building site" means the ground area of a building or
buildings together with all open spaces required by this title, and
which site has its principal frontage upon a public or private
street.
"Comprehensive land use plan or land use plan" means maps and
written goals and policies related to land use, public facilities
and services, transportation, housing and urbanization, and adopted
by the city as plan for future development, and to promote the
public health, safety and general welfare.
Dwelling, Multiple-Family. "Multiple-family dwelling" means a
building used or arranged for use as the home or abode of three or
more families, living independently of each other and doing their
own cooking in said building and shall include flats and
apartments.
Dwelling, Single-Family. "Single-family dwelling" means a
detached building used or arranged for use as the home of one
family.
Dwelling, Two-Family. "Two-family dwelling" means a building
used or arranged for use as the home or abode of but two families,
living independently of each other, and in which not more than five
boarders or lodgers shall be accommodated by each family.
"Dwelling unit" means one or more rooms in a building designed
for occupancy by one family and not having more than one cooking
facility.
"Family" means an individual, or any number of persons related
or bearing a generic character of a family unit living together in
a dwelling unit, or a group of not more than five persons
(excluding servants) who need not be related by blood or marriage,
living together as a single nonprofit housekeeping unit.
Garage, Private. "Private garage" means a garage for not more
than three automobiles, for storage only, and intended for private
use, but in which space may be rented for storage of not more than
two noncommercial automobiles, by other than the occupants of the
buildings to which such garage is accessory.
Garage, Public. "Public garage" means a building other than a
private garage used for the care, repair, parking or storage of
automobiles.
"Grade (ground level)" means the average elevation of the
finished ground elevation at the centers of all walls of a
building, except that if a wall is parallel to and within five feet
of a sidewalk, the sidewalk elevation nearest the center of the
wall shall constitute the ground elevation.
"Height of building" means the vertical distance from the
grade to the highest point of the coping of a flat roof, to the
deck line of a mansard roof, or the center height between the
highest and lowest points on other types of roofs.
"Home occupation" means a lawful occupation carried on by a
resident of a dwelling, where the occupation is secondary to the
main use of the property as a residence.
"Livestock or farm animals" means domestic animals kept for
profit or hobby, including the feeding, breeding or fattening of
such animals, or dairying or poultry raising, excluding swine.
"Lot" means a parcel or tract of land.
"Low investment accessory structures" means a structure which
is incidental, appropriate or subordinate to the main use of the
property and which has a relatively low investment such as
haysheds, loafing barns or animal shelters.
"Lowest floor" means 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 nonelevation design requirements of this title found at
Section 17.48.050(A)(2).
"Manufactured home" means a single-family dwelling structure,
having at least one thousand (1,000) square feet of floor area,
built at a factory and transported to a home site for permanent
installation.
"Mobile home" means a portable structure or trailer
manufactured primarily for use as a single-family dwelling with
less than one thousand (1,000) square feet of floor space.
"Manufactured or mobilehome park or subdivision" means a
parcel (or contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale which are defined as
nonfarm dwellings.
"Nonconforming building or use" means a lawful building or use
existing at the time of adoption of the ordinance codified in this
title or any amendment thereto, and which does not conform with the
regulations of the zone in which it is located.
"Owner" means the party or parties having the fee interest in
land, except that where land is subject to a real estate sales
contract, "owner" means the contract vendee, and except where land
is being transferred through some other land sales instrument
"owner" shall be the purchaser that holds security interest.
Parking Area, Automobile. "Automobile parking area" means a
rectangle not less than twenty (20) feet long and 9.5 feet wide
together with maneuvering and access space within a public parking
area, or a building, exclusive of driveways, ramps, columns, office
and work areas, for the temporary parking or storage of one
automobile of standard size.
Parking Area, Public. "Public parking area" means privately or
publicly owned property, other than streets or alleys, used for the
parking of four or more automobiles and open for public use,
whether free, for accommodation of clients or customers, or for
hourly, daily or monthly rental fees.
"Public uses" means uses which are pursued by or affect all of
the people or community.
"Semipublic uses" means uses which are pursued by or affect a
specific group or organization which are open to the public.
"Start of construction" includes substantial improvement, and
means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, placement or other
improvement was within one hundred eighty (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 foundation 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.
"Street line" means the right-of-way line separating a private
or public area from the lot areas.
"Travel trailer" means a trailer house not more than ten (10)
feet in body width or more than sixty (60) feet in body length,
designed primarily for temporary occupancy and for travel,
recreational and vacation uses.
"Travel trailer or mobile home park (or campground)" means a
parcel of land used for the accommodation of two or more travel
trailers or similar recreation vehicles occupied as living or
sleeping quarters, or two or more camping spaces.
"Use" means the purpose for which a structure is designed,
arranged or intended or for which land is maintained or occupied.
Yard, Front. "Front yard" means an open, unoccupied space on
the same lot with a building, measured between the nearest front
line of the building and the street line of the lot. In the
instance of a corner lot, the front yard shall be on the narrowest
street frontage, and the street side yard on the widest street
frontage.
Yard, Rear. "Rear yard" means an open, unoccupied space on the
same lot with a building, measured between the nearest rear line of
the building and the rear line of the lot, unobstructed upward.
Yard, Side. "Side yard" means an unoccupied space on the same
lot with a building, between the front and rear yard measured
horizontally at right angles from the side lot line to the nearest
point on a building. (Ord. 122 par 2, 1997; Ord. 6-1987 par 1
(part); Ord. 5-1983 par 2.00)
index
CHAPTER 17.12 ZONING DISTRICTS DESIGNATED
Sections:
17.12.010 Zoning districts designated.
17.12.010 Zoning districts designated.
A. For the purpose of this title, the city of Elgin is
divided into the following zones:
Zone Name Abbreviation
Residential R-1
Low density residential R-2
Central business CBZ
General commercial C-I
Industrial I
Public P
B. The boundaries of these zones are shown on the official
zoning map of the city of Elgin, Oregon, which is adopted as part
of this title and is on file in the office of the city recorder.
C. Unless otherwise shown on the zoning map of the city,
boundaries of the zones are lot lines, centerlines of streets and
alleys, and railroad right-of- way lines as they exist at the time
of the enactment of the ordinance codified in this title. (Ord.
5-1983 Art. 3.00)
index
CHAPTER 17.16 RESIDENTIAL (R-1) ZONE
Sections:
17.16.010 Uses permitted outright.
17.16.020 Conditional uses permitted.
17.16.030 Dimension and area requirements.
17.16.010 Uses permitted outright.
In a residential (R-1) zone, the following uses and their
accessory uses are permitted outright:
A. One- and two-family dwellings.
B. Manufactured homes meeting the following requirements:
1. The home shall have a minimum width of fourteen (14)
feet and enclose a floor area of at least one thousand (1,000)
square feet, as originally manufactured.
2. The home must have wheels removed and be placed
permanently on an excavated and/or back-filled foundation per the
requirements of the state of Oregon Manufactured Dwelling Standards
and the construction permit issued by the Union County/La Grande
building department.
3. The foundation perimeter wall shall be constructed to
completely enclose the area under the home. The wall shall be
constructed of pressure- treated wood products or masonry products.
The foundation wall shall be no higher than twenty-four (24) inches
from ground level to bottom edge of the home siding, except that on
a sloping lot the foundation wall may exceed twenty- four (24)
inches provided the wall is no higher than twenty-four (24) inches
at the point of highest elevation of the ground level on the
foundation perimeter.
4. The home shall be manufactured to meet or exceed the HUD
National Manufactured Housing Construction and Safety Standards set
in 1976.
5. The home shall have a pitched roof with a minimum pitch
of two and one-half (2-1/2) rise to twelve (12) run.
6. The home shall meet the requirements of the city of
Elgin subdivision and zoning ordinances for a single-family
dwelling.
7. The home must be serviced by water and sewer utilities
separate from other residential units.
8. The above requirements shall be met before city water
service is activated.
C. Uses accessory to dwellings:
1. Private garages as separate buildings, garages attached
to or within dwellings;
2. The renting of rooms including boarding for the
accommodation of not to exceed five persons in a single-family
dwelling. (Ord. 122 par 3, 1997; Ord. 5- 1983 par 4.01)
17.16.020 Conditional uses permitted.
In the residential (R-1) zone, the following uses and their
accessory uses are permitted by conditional use approval in
accordance with Chapter 17.44:
A. Multiple-family dwelling.
B. Hospitals.
C. Churches.
D. Home occupation.
E. Parks and playgrounds.
F. Libraries, museums and art galleries.
G. Public buildings such as fire stations, pump stations,
schools and community centers.
H. Neighborhood grocery stores.
I. Livestock or farm animals, subject to Section
17.16.030(C). (Ord. 5- 1983 par 4.02)
17.16.030 Dimension and area requirements.
In the residential (R-1) zone, the following dimension and
area requirements shall be followed:
A. Yard Requirements.
1. Front Yard. Twenty (20) feet deep from lot line to any
structure.
2. Rear Yard. Five feet deep from lot line to any dwelling.
3. Side Yard. There shall be a side yard of not less than
five feet in width on each side of any building or structure,
except that a street side yard shall be fifteen (15) feet.
B. Minimum Lot Size.
1. Single-Family Dwelling Units. Five thousand (5,000)
square feet.
2. Two-Family Dwelling Units. Six thousand (6,000) square
feet.
3. Three or More Dwelling Units. Seven thousand five
hundred (7,500) square feet plus one thousand (1,000) square feet
per additional unit over two.
C. Livestock Requirements.
1. Under no circumstances shall cows, burros, goats, sheep,
swine, llamas, emus or the like be kept in the residential (R-1)
zone.
2. The number of chickens, fowl or rabbits which are
housed, penned or held, over the age of six months, shall not
exceed one for each five hundred (500) square feet of land open for
the use of the animals.
3. Adequate fences, pens or corrals shall be required to
keep animals off from adjacent lands.
4. Barns, corrals, pens, sheds and other structures holding
and/or sheltering animals shall be located a minimum of twenty (20)
feet from a side or rear property line and fifty (50) feet from the
front property line.
D. Horses. After a conditional use hearing and an
affirmative approval of the city council, horses may be kept in the
residential zone (R-1) as follows:
1. Horses shall not be kept on lots having a total area of
less than twenty thousand (20,000) square feet. The total number of
such animals, over the age of six months, allowed on a lot shall be
limited to the area of the lot, available to the animals in square
feet, divided by ten thousand (10,000) square feet.
2. Adequate fences, pens or corrals shall be required to
keep horses off of adjacent lands. Barns, corrals, pens, fences,
sheds, and other structures holding and/or sheltering horses are to
be located a minimum of thirty-five (35) feet from a side or rear
property line and fifty (50) feet from the front property line. In
consideration of the specific circumstances of the site, the
council may add to or reduce these set backs.
3. Any such conditional use granted by the council shall be
extended only to the applicant who is the current property owner or
agent of the current property owner.
4. The city council may revoke the conditional use permit,
add to the conditions of the permit or modify the permit if, after
a hearing, the council finds one or more of the following:
(a) the intensity of use has been increased;
(b) the conditions set out in the permit have been violated;
(c) the use is found to interfere with the peace and welfare
of the residential uses of neighboring property owners;
(d) the use is found to be a nuisance per the provisions of
Chapter 8.08.020 through 8.08.050 of the Elgin Municipal Code.
5. In granting a conditional use, the council may require
additional conditions they determine to be necessary to minimize
any adverse effects to neighboring properties attributed to the
use. (Ord. 123 par 1, 1997; Ord. 5-1983 par 4.03)
index
CHAPTER 17.20 LOW DENSITY (R-2) RESIDENTIAL ZONE
Sections:
17.20.010 Purpose.
17.20.020 Uses permitted outright.
17.20.030 Conditional uses permitted.
17.20.040 Dimension and area requirements.
17.20.010 Purpose.
The low density residential (R-2) zone is intended to provide
areas for large lot residential development in those areas which
are subject to periodic flooding of lowlands. (Ord. 5-1983 par
5.01)
17.20.020 Uses permitted outright.
In a low density residential zone (R-2), any use permitted
outright in the R-1 zone is allowed outright. (Ord. 5-1983 par
5.02)
17.20.030 Conditional uses permitted.
In the low density residential (R-2) zone, the following uses
and their accessory uses are permitted by conditional use approval
in accordance with Chapter 17.44:
A. Churches.
B. Home occupation.
C. Parks and playgrounds.
D. Livestock or farm animals, subject to Section
17.20.040(C). (Ord. 5- 1983 par 5.03)
17.20.040 Dimension and area requirements.
In the low density residential (R-2) zone, the following
dimension and area requirements shall be followed:
A. Yard Requirements.
1. Front Yard. Twenty (20) feet deep from lot line to any
structure.
2. Rear Yard. Five feet deep from lot line to any
structure.
3. Side Yard. Five feet in width on each side of any
structure, except that a street side yard shall be fifteen (15)
feet.
B. Minimum Lot Size Requirements.
1. Single-Family Dwelling Unit. One acre.
2. Two-Family Dwelling Unit. 1.5 acres.
C. Livestock Requirements.
1. Cows, horses, mules, burros, goats or sheep shall not
be kept on lots having an area less than twenty thousand (20,000)
square feet. The total number of all such animals over the age of
six months allowed on a lot shall be limited to the square footage
of the lot divided by the minimum area required for each animal as
listed below:
Horse, mule, burro 10,000 sq. ft. of area
Cow 10,000 sq. ft. of area
Goat 5,000 sq. ft. of area
Sheep 5,000 sq. ft. of area
2. The number of chickens, fowl or rabbits over the age of
six months shall not exceed one for each five hundred (500) square
feet of land.
3. Adequate fences and corrals shall be required to keep
animals off from adjacent lands.
4. Barns, corrals, pens, sheds, and other structures
sheltering animals shall be located a minimum of thirty-five (35)
feet from a side or rear property line and fifty (50) feet from the
front property line. (Ord. 5-1983 par 5.04)
index
CHAPTER 17.24 CENTRAL BUSINESS ZONE (CBZ)
Sections:
17.24.010 Purpose.
17.24.020 Uses permitted outright.
17.24.030 Conditional uses permitted.
17.24.040 Dimension and area requirements.
17.24.010 Purpose.
The central business zone (CBZ) is intended to provide areas
for the development of intensive services and retail commercial
activities which can be accessed by pedestrian traffic. (Ord.
5-1983 par 6.01)
17.24.020 Uses permitted outright.
In a central business zone (CBZ), the following uses and their
accessory uses are permitted outright:
A. Retail selling of primarily shelf goods, i.e., food
store, drugstore, hardware store, etc.
B. Professional office.
C. Eating or drinking establishment.
D. Commercial recreation facility.
E. Banks and other financial institutions.
F. Furniture and household furnishing sales and service.
G. Beauty shop, barbershop or related personal service.
H. Repair of items sold by a use permitted outright. (Ord.
5-1983 par 6.02)
17.24.030 Conditional uses permitted.
In a central business zone (CBZ), the following uses and their
accessory uses are permitted by conditional use approval in
accordance with Chapter 17.44:
A. Public use.
B. Semipublic use.
C. Apartments and multifamily dwellings.
D. Hotels and accessory uses.
E. Bus depot.
F. Indoor theater.
G. Taxi service.
H. Other uses similar to those enumerated which can meet
the following criteria to the satisfaction of the city council:
1. The use is compatible with outright and conditional
uses listed.
2. The use would not interfere seriously with established
and accepted practices on adjacent lands.
3. The use would not materially alter the stability of
the overall land use pattern of the area.
4. The proposed use can comply with the standards of this
zone.
5. The use can comply with such other conditions as the
city council or its designate considers necessary. (Ord. 5-1983 par
6.03)
17.24.040 Dimension and area requirements.
In the central business zone (CBZ), the following dimension
and area requirements shall be followed:
A. Yard Requirements. There shall be no required yard
setbacks in the CBZ except where required for clear vision around
intersections (Section 17.40.090).
B. Minimum Lot Size Requirements.
1. There shall be no required lot area for commercial
uses.
2. The lot size for residential units shall comply with
standards required in the R-I zone, except occupancy of existing
structures within the CBZ may be allowed if the occupancy complies
with State Building Code. Off-street parking shall be provided at
a basis of one space per unit.
C. Site Development Standards. All sales displays and
storage shall be conducted within an enclosed building. (Ord.
5-1983 par 6.04)
index
CHAPTER 17.28 GENERAL COMMERCIAL (C-1) ZONE
Sections:
17.28.010 Purpose.
17.28.020 Uses permitted outright.
17.28.030 Conditional uses permitted.
17.28.040 Dimension and area requirements.
17.28.010 Purpose.
The general commercial (C-1) zone is intended to provide areas
for retail sales and service which normally require a large space
area for the building and parking and which are normally vehicular
accessed. (Ord. 5-1983 par 7.01)
17.28.020 Uses permitted outright.
In a general commercial (C-1) zone, the following uses and
their accessory uses are permitted outright:
A. Any use permitted outright in the R-1 zone.
B. Any use permitted outright in the CBZ.
C. Automobile, boat and RV sales, new and used, with repair
and service incidental to the sales thereof. Sales area permitted
outside the building.
D. Frozen food lockers.
E. Retail store.
F. Service station.
G. Self-service and automatic car wash.
H. Laundry and dry cleaning.
I. Taxidermist.
J. Mortuary and funeral home.
K. Motels and hotels.
L. Commercial storage garages.
M. Veterinary clinic.
N. Repair facilities.
O. Equipment rental.
P. Printing and publishing. (Ord. 5-1983 par 7.02)
17.28.030 Conditional uses permitted.
In the general commercial (C-1) zone, the following uses and
their accessory uses are permitted by conditional use approval in
accordance with Chapter 17.44:
A. Any conditional use permitted in the CBZ.
B. Billboards subject to site plan approval.
C. Auditorium.
D. Automobile and truck repair garages.
E. Museum.
F. Rest home.
G. Drive-in theaters.
H. Mobilehome parks.
I. Animal hospital.
J. Caretaker's residence.
K. Other uses similar to those enumerated which can meet
the following criteria to the satisfaction of the city council:
1. The use is compatible with outright and conditional
uses listed.
2. The use would not interfere seriously with established
and accepted practices on adjacent lands.
3. The use would not materially alter the stability of
the overall land use pattern of the area.
4. The proposed use can comply with the standards of this
zone.
5. The use can comply with such other conditions as the
city council or its designate considers necessary. (Ord. 5-1983 par
7.03)
17.28.040 Dimension and area requirements.
A. Yard Requirements.
1. There shall be no required yard setbacks in the
general commercial (C-1) zone, except as may be required through
site plan approval.
2. The yard setback requirements for residential units
shall comply with the standards required in the R-1 zone.
B. Minimum Lot Size Requirements.
1. There shall be no required lot area for commercial
uses.
2. The lot size for residential units shall comply with
the standards required in the R-1 zone.
C. Off-Street Parking and Loading. Off-street parking and
loading shall be required as provided in Section 17.40.080.
D. Site Development Standards.
1. All sales, displays and storage in a C-1 zone shall be
conducted within an enclosed building, unless open sales, displays
and storage are specifically approved on the site plan.
2. Site plans in accordance with Chapter 17.56 of this
title shall be submitted and approved by the city council prior to
issuance of a building permit. (Ord. 5-1983 par 7.04)
index
CHAPTER 17.32 INDUSTRIAL (I) ZONE
Sections:
17.32.010 Purpose.
17.32.020 Uses permitted outright.
17.32.030 Conditional uses permitted.
17.32.040 Prohibited uses.
17.32.050 Dimension and area requirements.
17.32.010 Purpose.
The industrial (I) zone is intended to provide areas where
manufacturing, processing, warehousing and other industrial uses
can effectively operate. (Ord. 5-1983 par 8.01)
17.32.020 Uses permitted outright.
In an industrial (I) zone, the following uses and their
accessory uses are permitted outright:
A. Any manufacturing, fabricating, processing, repairing,
packing or storage except a use specifically listed as a
conditional use or specifically prohibited in this zone.
B. Wholesaling or warehousing.
C. Commercial or industrial storage.
D. Freight terminal.
E. Commercial uses customarily incidental, compatible or
directly related to an industrial use, i.e., cafe, office, etc.
(Ord. 5-1983 par 8.02)
17.32.030 Conditional uses permitted.
In an industrial (I) zone, the following uses and their
accessory uses are permitted by conditional use approval in
accordance with Chapter 17.44:
A. Public uses.
B. Semipublic uses.
C. Animal kennels and hospitals.
D. Bulk storage of oil, gasoline or other petroleum
products.
E. Solid waste disposal or transfer site.
F. Wrecking yard or junkyard.
G. Livestock or farm animals subject to Section
17.20.040(C).
H. Other uses similar to those enumerated which can meet
the following criteria to the satisfaction of the city council:
1. The use is compatible with outright and conditional
uses listed.
2. The use would not interfere seriously with established
and accepted practices on adjacent lands.
3. The use would not materially alter the stability of
the overall land use pattern of the area.
4. The proposed use can comply with the standards of this
zone.
5. The use can comply with such other conditions as the
city council or its designate considers necessary. (Ord. 5-1983 par
8.03)
17.32.040 Prohibited uses.
In an industrial (I) zone, the following uses are absolutely
prohibited:
Slaughterhouse.
Acid manufacturers.
Cement, lime, gypsum or plaster of paris manufacturers.
Distillation of bones.
Explosives, manufacture or storage.
Fat rendering.
Fertilizer manufacture.
Animal reduction.
Gas manufacture.
Glue manufacture.
Petroleum refining.
Smelting of tin, copper, zinc or iron ores.
Stockyards and/or feedlots.
Tannery.
Other uses the city council identifies by ordinance as a
nuisance. (Ord. 5- 1983 par 8.04)
17.32.050 Dimension and area requirements.
A. Yard Requirements.
1. There shall be no required setbacks for structures or
storage bordering other industrial properties except as may be
required in the site plan approval process.
2. Structures and storage areas shall comply with the
residential zone setbacks when adjacent to a residential zone or a
greater setback may be required in the site plan approval process.
B. Minimum Lot Size Requirements. There shall be no
required lot area for commercial or industrial uses.
C. Off-Street Parking and Loading. Off-street parking and
loading shall be required as provided in Section 17.40.080.
D. Site Development Standards.
1. If a use abuts a commercial or residential zone such
use shall be reviewed by the city council for approval. Screening,
landscaping or other conditions necessary to preserve the character
of the adjacent zone may be required.
2. Site plans in accordance with Chapter 17.56 of this
title shall be submitted and approved by the city council prior to
issuance of a building permit. (Ord. 5-1983 par 8.05)
index
CHAPTER 17.36 PUBLIC (P) ZONE
Sections:
17.36.010 Purpose.
17.36.020 Uses permitted outright.
17.36.030 Conditional uses permitted.
17.36.040 Dimension and area requirements.
17.36.010 Purpose.
The public (P) zone is intended to regulate activities in
those areas where public uses exist and are planned for expansion
or development. (Ord. 5-1983 par 9.01)
17.36.020 Uses permitted outright.
In a public (P) zone, the following uses and their accessory
uses are permitted outright:
A. Public and private schools.
B. Church.
C. Public and private parks, playgrounds and campgrounds.
D. Cemetery. (Ord. 5-1983 par 9.02)
17.36.030 Conditional uses permitted.
In a public (P) zone, the following uses and their accessory
uses are permitted by a conditional use approval when authorized in
accordance with Chapter 17.44:
A. Government office buildings.
B. Public institutional facilities.
C. Livestock or farm animals, subject to Section
17.36.040(E).
D. Other uses similar to those enumerated which can meet
the following criteria to the satisfaction of the city council:
1. The use is compatible with outright and conditional
uses listed.
2. The use would not interfere seriously with established
and accepted practices on adjacent lands.
3. The use would not materially alter the stability of
the overall land use pattern of the area.
4. The proposed use can comply with the standards of this
zone.
5. The use can comply with such other conditions as the
city council or its designate considers necessary. (Ord. 5-1983 par
9.03)
17.36.040 Dimension and area requirements.
A. Yard Requirements.
1. Front Yard. Twenty (20) feet deep from lot line to any
structure.
2. Rear Yard. Five feet deep from lot line to any
structure.
3. Side Yard. There shall be a side yard of not less than
five feet in width on each side of any building or structure,
except that a street side yard shall be fifteen (15) feet.
B. Minimum Lot Size Requirements.
1. Lots adjacent to residential development shall have
the same yard requirements as in the residential zone (R-1).
2. Lots for public purposes other than residential shall
have lot size and dimensions as necessary for traffic circulation,
off-street parking, loading and unloading and similar activities
per Chapter 17.40.
C. Off-street Parking and Loading. Off-street parking and
loading shall be required as provided in Section 17.40.080.
D. Site Development Standards.
1. If a use abuts a commercial or residential zone such
use shall be reviewed by the city council for approval. Screening,
landscaping or other conditions necessary to preserve the character
of the adjacent zone may be required.
2. Site plans in accordance with Chapter 17.56 of this
title, shall be submitted and approved by the city council prior to
issuance of a building permit.
E. Livestock Requirements.
1. Cows, horses, mules, burros, goats or sheep shall not
be kept on lots having an area less than twenty thousand (20,000)
square feet. The total number of all such animals over the age of
six months allowed on a lot shall be limited to the square footage
of the lot divided by the minimum area required for each animal as
listed below:
Horse, mule, burro 10,000 sq. ft. of area
Cow 10,000 sq. ft. of area
Goat 5,000 sq. ft. of area
Sheep 5,000 sq. ft. of area
2. The number of chickens, fowl or rabbits over the age of
six months shall not exceed one for each five hundred (500) square
feet of land.
3. Adequate fences and corrals shall be required to keep
animals off from adjacent lands.
4. Barns, corrals, pens, sheds, and other structures
sheltering animals shall be located a minimum of thirty-five (35)
feet from a side or rear property line and fifty (50) feet from the
front property line. (Ord. 5-1983 par 9.04)
index
CHAPTER 17.40 PROVISIONS APPLICABLE TO ALL ZONES
Sections:
17.40.010 Reduction in area of lots.
17.40.020 Only one principal building on any lot.
17.40.030 Yard spaces shall not overlap.
17.40.040 Lot of record exemption.
17.40.050 Front yards.
17.40.060 Existing buildings and nonconforming uses.
17.40.070 Completion of buildings.
17.40.080 Off-street parking.
17.40.090 Clear vision area.
17.40.100 Accessory uses.
17.40.110 Temporary use.
17.40.010 Reduction in area of lots.
No lot or contiguous lots under the same ownership shall be
reduced below the minimum area and lot dimensions required by this
title. (Ord. 5-1983 par 10.01)
17.40.020 Only one principal building on any lot.
No dwelling shall be erected on a lot which does not abut at
least one street for a minimum distance of twenty (20) feet. No
building in the rear of a principal building on the same lot may be
used for residential purposes, except for employment of the
occupants of the principal building and their immediate families.
(Ord. 5-1983 par 10.02)
17.40.030 Yard spaces shall not overlap.
No part of a yard or other open space required around any
building for the purpose of complying with the provisions of this
title shall be included as part of a yard or other open space
required under this title for another building. (Ord. 5-1983 par
10.03)
17.40.040 Lot of record exemption.
Where the owner of a lot or lots of official record at the
time of the enactment of the ordinance codified in this title does
not own sufficient space in said lot or lots to enable him to
conform to the yard and other requirements of this title, such lot
or lots may be used as a building site; provided, that the yard
space and other requirements shall conform as closely as possible
in the opinion of the citycouncil to the requirements for the
district in which the property is located. (Ord. 5-1983 par 10.04)
17.40.050 Front yards.
The front yard requirements of this title shall not apply
where the average depth of the existing front yard on developed
lots, located within one hundred (100) feet on each side of the lot
and within the same block and zone, and fronting on the same street
as such lot, is less than the minimum required front yard depth. In
such cases the depth of the front yard on such lots shall not be
less than the average existing front yard depth on the developed
lots. (Ord. 5- 1983 par 10.05)
17.40.060 Existing buildings and nonconforming uses.
A. When a property or an existing building at the time of
the passage of the ordinance codified in this title has a use which
was legal prior to the passage of said ordinance, such may
continue, even though it is not in conformity with these zoning
regulations. Except as below, if the use of the building or
premises is changed, it shall be changed to a use conforming to the
zoning regulations and after such change, it will not be
permissible to change back again to the original nonconforming use.
B. A nonconforming use shall not be extended; however, the
extension of a nonconforming use to any portion of a building which
was arranged or designed for such nonconforming use at the time of
the passage of the ordinance codified in this title shall not be
deemed the extension of a nonconforming use.
C. If a nonconforming use is discontinued for a period of
ninety (90) days, the same cannot be again continued. If a building
is unoccupied on the effective day of the ordinance codified in
this title, then the last use shall be considered to be the use of
record and the ninety (90) day period of discontinuance shall
commence on the effective date of said ordinance.
D. When a building having a nonconforming use is damaged by
fire or other natural causes, and is not reconstructed within two
years, then such building shall not be rebuilt unless in its
construction and uses, it conforms fully to the requirements of
this title and other ordinances of the city. Any reconstruction
must be kept within the old foundation.
E. No building or structure shall be moved from one lot or
premises to another unless such building or structure conforms to
all the provisions of the applicable zone. (Ord. 5-1983 par 10.06)
17.40.070 Completion of buildings.
Nothing in this title shall require any change in the plans,
construction, alteration or designated use of a building upon which
construction was actually begun previous to the passage of the
ordinance codified in this title. However, such entire building
must be completed in accordance with the original plans within one
year from the date of commencing construction. (Ord. 5-1983 par
10.07)
17.40.080 Off-street parking.
The following off-street parking requirements shall be
provided at the time a building or structure is constructed or
substantially altered, or there is a change in use of an existing
structure:
A. Residences or Other Dwelling Units.
1. Two spaces per single-family, duplex or mobilehome
residence.
2. One and one-half spaces each, for more than two
dwelling units.
3. Off-street parking spaces for dwellings shall be
located on the same lot with the dwelling.
B. Other Uses.
1. Assembly-Type Use. One space per one hundred (100)
square feet of assembly area.
2. Motel or Resort. One space per unit.
3. Office or Retail. One space per three hundred (300)
feet of area.
4. Restaurant or Tavern. One space per two hundred (200)
square feet of seating area.
5. Warehouse. One space per two thousand (2,000) square
feet of warehouse area.
6. Other Uses. As determined by the council. (Ord. 5-1983
par 10.08)
17.40.090 Clear vision area.
Clear vision areas shall be provided with the following
dimensions:
A. A clear vision area shall be a triangular area on a lot
at the intersection of two streets, two sides of which are lot
lines measured a distance of thirty (30) feet from the corner
intersection of the lot lines. The third side of the triangle is a
line across the corner of the lot joining the ends of the other two
sides. Where the lot lines at intersections have rounded corners,
the lot lines will be extended in a straight line to the point of
intersection.
B. The clear vision area shall contain no plantings, walls,
fences, structures or other temporary or permanent obstructions
exceeding three feet in height measured from the grade of the
street centerline, except that trees exceeding this height may be
located in this area, provided all branches and foliage are removed
to a height of eight feet above the grade. (Ord. 5-1983 par 10.09)
17.40.100 Accessory uses.
An accessory use shall comply with all requirements for a
principal use, except as this title specifically allows to the
contrary, and shall comply with the following limitations:
A. An accessory structure or use shall only be approved
provided the principal use has been established.
B. An accessory structure not used for human habitation and
separated from the main building may be located in the required
rear and side yard, except in the required street side yard of a
corner lot, provided it is not closer than five feet to a property
line. (Ord. 5-1983 par 10.10)
17.40.110 Temporary use.
The city council may issue a temporary use permit to allow the
short-term use of a site by a mobile or temporary structure or
activity. Such structures or activities may not be ordinarily
allowed in the particular zone, but are necessary for some useful
purpose, and, because of the temporary nature, will not adversely
impact the neighborhood or city. The city council may require that
certain measures be taken to protect neighboring uses or the city
as a whole. Temporary use permits will be processed in the same
manner as development permits and may be granted for any period of
time up to one year, subject to renewal if necessary. (Ord. 5-1983
par 10.11)
index
CHAPTER 17.44 CONDITIONAL USES
Chapters:
17.44.010 Authorization.
17.44.020 Application for conditional uses.
17.44.030 Notice of hearing on conditional use.
17.44.040 Council action.
17.44.050 Recess of hearing.
17.44.060 Notification of action.
17.44.070 Time limit on a conditional use.
17.44.080 Revocation of a conditional use permit.
17.44.010 Authorization.
Uses designated in this title as permitted conditional uses
may be permitted or enlarged or altered upon approval by the city
council in accordance with the standards and procedures specified
in this chapter. Changes in use, expansion or contraction of site,
or alterations of structures or uses classified as conditional
shall conform to all regulations pertaining to conditional use.
(Ord. 5- 1983 par 11.01)
17.44.020 Application for conditional uses.
A request for a conditional use or modification of an existing
conditional use may be initiated by a property owner or his
authorized agent by filing an application with the city council.
The application shall be accompanied by a site plan, drawn to
scale, showing the dimensions and arrangement of the proposed
development, and the names of record and addresses thereof for all
landowners within three hundred (300) feet of the parcel in
question. The council may request other drawings or material
essential to an understanding of the proposed use and its
relationship to the surrounding properties. (Ord. 5-1983 par 11.02)
17.44.030 Notice of hearing on conditional use.
Before a conditional use or modification of an existing
conditional use is allowed, it shall he considered at a public
hearing by the city council. The public hearing before the city
council shall be held within forty days after the application is
filed. The city council shall give notice of the hearing in the
following manner:
A. By posting a notice of the public hearing in three
locations within the city or publishing in a newspaper of general
circulation ten (10) days preceding the hearing; and
B. By sending a copy of the notice to all landowners within
three hundred (300) feet of the parcel in question. Such notice to
be sent not less than ten (10) days prior to the hearing. (Ord.
5-1983 par 11.03)
17.44.040 Council action.
In addition to the general requirements of this title, in
granting a conditional use, the city council may attach conditions
which it finds are necessary to carry out the purposes of this
title.
A. City council action on a conditional use request shall
recognize, but not be limited to the following:
1. Land use plan provisions for the area;
2. Surrounding area development and owner viewpoints;
3. Ability to meet utility needs;
4. Maintaining the stability of community social and
environmental characteristics.
B. In considering a conditional use, the city council may
set time limits or require other conditions as they determine
desirable to minimize any adverse effects which might be attributed
to the use. Such conditions may include but are not limited to the
following:
1. Increasing the required lot size or yard dimensions;
2. Limiting the height of buildings;
3. Controlling the location and number of vehicle access
points;
4. Increasing the street width;
5. Increasing the number of required off-street parking
spaces;
6. Limiting the number, size, location and lighting of
signs;
7. Requiring fencing, screening, landscaping, diking or
other facilities to protect adjacent or nearby property;
8. Designating sites for open space;
9. Setting a time limit for which the conditional use is
approved;
10. Site reclamation upon discontinuance of use.
C. In addition to any of the above conditions required, the
following standards shall apply to home occupations and mobilehome
parks.
1. Home Occupations.
a. The home occupation shall be secondary to the main
use of the property as a residence.
b. The home occupation shall be limited to either an
accessory structure or to not over twenty-five (25) percent of the
floor area of the main floor of a dwelling. If located within an
accessory structure, the home occupation shall not utilize over six
hundred (600) square feet of floor area.
c. Structural alterations shall be minimized and shall
not detract from the outward appearance of the property as a
residential use.
d. Not more than one person other than the immediate
family residing in the dwelling is to be engaged in the home
occupation.
e. No materials or mechanical equipment shall be used
which are detrimental to the residential use of the dwelling or
adjoining dwellings because of vibration, noise, dust, smoke, odor,
interference with radio or television reception, or other factors.
f. No parking of customer's vehicles in a manner or
frequency so as to cause disturbance or inconvenience to residents
or so as to necessitate off- street parking shall be allowed.
g. No materials or commodities shall be delivered to
or from the residence which are of such bulk or quantity as to
create undesirable traffic or congestion.
2. Mobilehome Parks.
a. At least two acres shall be included in the park.
b. Setbacks shall be ten feet front yard and five feet
all other yards.
c. Minimum area for each space shall be three thousand
(3,000) square feet.
d. Minimum street surface width shall be twenty-four
(24) feet. Streets shall be paved or surfaced with oil mat. Street
design shall be approved by city council prior to initiating
construction.
e. At least one improved, off-street parking space per
unit shall be provided.
f. Sight-obscuring fencing and/or landscaping may be
required by city council on every side of the park. (Ord. 5-1983
par 11.04)
17.44.050 Recess of hearing.
The city council may recess a hearing on a conditional use
request in order to obtain additional information or to notify
additional property owners who it believes may be interested in the
proposed conditional use. Upon recessing the city council shall
announce the time and date when the hearing will be resumed. (Ord.
5-1983 par 11.05)
17.44.060 Notification of action.
The city council shall notify the applicant in writing of the
action of the city council within five days after the decision has
been rendered. (Ord. 5-1983 par 11.06)
17.44.070 Time limit on a conditional use.
Authorization of a conditional use shall be void after one
year unless substantial construction pursuant thereto has taken
place. However, a one-year time extension may be granted by the
city council if the applicable circumstances are unchanged. (Ord.
5-1983 par 11.07)
17.44.080 Revocation of a conditional use permit.
Any permit granted hereunder shall be subject to denial or
revocation by the city council if it is ascertained that the
application includes or included any false information, or if the
conditions of approval have not been complied with or are not
satisfied.
A. In order to consider revocation of a conditional use
permit the city council shall hold a public hearing as prescribed
under this section in order for the permit holder to show cause why
such permit should not be revoked.
B. If the city council finds that the conditions of permit
approval have not been complied with or are not satisfied, a
reasonable time shall be given for rectification, and if
corrections are not made within that time, revocation of the permit
shall become effective ten (10) days after the time specified.
C. Reapplication for a conditional use permit cannot be
made within one year after revocation except that the city council
may allow a new application if in its opinion new evidence or a
change in circumstances warrant it. (Ord. 5-1983 par 11.08)
index
CHAPTER 17.48 FLOODPLAIN (FP) OVERLAY ZONE
Sections:
17.48.010 Purpose.
17.48.020 Areas of special flood hazard.
17.48.030 Limitations.
17.48.040 General standards.
17.48.050 Specific standards.
17.48.060 Warning and disclaimer of liability.
17.48.010 Purpose.
The floodplain (FP) overlay zone is a superimposed zone
applied in combination with existing identified zones for the
purpose of promoting the public health, safety and general welfare
and to minimize public and private losses due to flood conditions
in specified areas. (Ord. 5-1983 par 12.01)
17.48.020 Areas of special flood hazard.
A. The boundaries of areas recognized as floodplains (FP)
shall be the boundaries of special flood hazard areas which are
areas subject to a one percent or greater chance of flooding in any
given year, identified by the Federal Emergency Management Agency
(FEMA) in a scientific and engineering report entitled "Flood
Insurance Rate Map, City of Elgin, Oregon, Union County, November
15, 1978" (to be updated by a revised map due for adoption on
September 30, 1987).
B. The floodplain overlay zone is identified as a
superimposed zone over the existing Elgin plan/zoning map. In
addition, where base flood elevation data has been provided by FEMA
the Federal Flood Insurance and Floodway Maps are adopted by
reference and declared to be a supplemental part of this title.
C. Where base flood elevation data has not been provided by
FEMA, the building inspector shall obtain, review and reasonably
utilize any base flood elevation and floodway data from federal,
state or other sources, in order to administer residential and
nonresidential construction within potential special flood hazard
areas. When no base data exists, either through the Flood Insurance
Study or from another authorized source, the zoning and building
permit applications shall be reviewed to assure that proposed
construction will be reasonably safe from flooding. The test of
reasonableness shall be made, where available, through the use of
historical data, high water marks, photographs of past flooding,
etc. Failure to elevate at least two feet above grade in these
zones may result in higher insurance rates. (Ord. 5-1983 par 12.02)
17.48.030 Limitations.
The areas within the FP overlay zone shall be regulated by the
following general and specific standards in combination with the
applicable underlying zone, e.g., FP/R. The outright and
conditional uses permitted in accordance with the provisions of the
underlying zones shall be permitted only where the FP general and
specific standards can be complied with. Where prior approval is
required, all necessary permits should first be obtained from
applicable federal, state or local governmental agencies. (Ord.
5-1983 par 12.03(part))
17.48.040 General standards.
In all areas of special flood hazards, the following standards
are required:
A. Filing of a development permit or building permit, where
applicable, shall be obtained before construction or development
begins within any area of special flood hazard. Development permits
are required for all structures including manufactured homes and
for all other development including fill, except low investment
structures; building permits shall be for all structures.
Application for a development and building permit shall be made to
and maintained by the building inspector and findings submitted to
the city clerk. The city clerk will record and maintain actual
elevation of the lowest habitable floor (including basement) of all
new or substantially improved structures and record and maintain
the actual elevation of floodproofing certification for
floodproofed structures. Specifically, the following information is
required for development permits:
1. Elevation in relation to mean sea level, of the lowest
floor, including basement, of all structures;
2. Elevation in relation to mean sea level to which any
structure has been floodproofed;
3. Certification by a registered professional engineer or
architect that the floodproofing methods for any nonresidential
structure meet the floodproofing criteria in Section 17.48.050(B);
4. Description of the extent to which any watercourse
will be altered or relocated as a result of proposed development;
and
5. If the building inspector determines an alteration to
a watercourse could have an effect on a neighboring community, such
community shall be involved in the review of the development
permit.
B. Anchoring.
1. All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or lateral
movement of the structure.
2. All manufactured homes must likewise be anchored to
prevent flotation, collapse or lateral movement, and shall be
installed using methods and practices that minimize flood damage.
Anchoring methods may include, but are not limited to, use of
over-the-top or frame ties to ground anchors (reference FEMAS's
"Manufactured Home Installation in Flood Hazard Areas" guidebook
for additional techniques).
C. Construction, Materials and Methods.
1. All new construction and substantial improvements
shall be constructed with materials and utility equipment resistant
to flood damage.
2. All new construction and substantial improvements
shall be constructed using methods and practices that minimize
flood damage.
3. Electrical, heating, ventilation, plumbing, and
air-conditioning equipment and other service facilities shall be
designed and/or otherwise elevated or located so as to prevent
water from entering or accumulating within the components during
conditions of flooding.
D. Utilities.
1. All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of floodwaters into
the system.
2. New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of floodwaters into
the systems and discharge from the systems into floodwaters.
3. On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during
flooding.
E. Subdivision Proposals.
1. All subdivision proposals shall be consistent with the
need to minimize flood damage.
2. All subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical, and water systems
located and constructed to minimize flood damage.
3. All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage.
4. Where base flood elevation data has not been provided
or is not available for another authoritative source it shall be
generated for subdivision proposals and other proposed developments
which contain at least fifty (50) lots of five acres, whichever is
less.
F. Alteration to Watercourses.
1. No development activity shall alter a watercourse
which will reduce its carrying capacity.
2. Notify adjacent communities and the Department of Land
Conservation and Development prior to any alteration or relocation
of a watercourse, and submit evidence of such notification to the
Federal Insurance Administration.
G. Low Investment Accessory Structures.
1. Obtain a building permit prior to construction.
2. Be anchored in compliance with subsection (B)(1) of
this section. (Ord. 5-1983 par 12.03(part))
17.48.050 Specific standards.
In all areas of special flood hazards where base flood
elevation data has been provided the following provisions are
required:
A. Residential Construction.
1. New construction and substantial improvement of any
residential structure shall have the lowest floor, including the
basement, elevated to or above base flood elevation.
2. Fully enclosed areas below the lowest floor that are
subject to flooding are prohibited, or shall be designed to
automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of floodwaters. Designs for
meeting this requirement must either be certified by a registered
professional engineer or architect or must meet or exceed the
following minimum criteria:
a. A minimum of two openings having a total net area
of not less than one square inch for every square foot of enclosed
area subject to flooding shall be provided.
b. The bottom of all openings shall be no higher than
one foot above grade.
c. Openings may be equipped with screens, louvers, or
other coverings or devices; provided, that they permit the
automatic entry and exit of floodwaters.
B. Nonresidential Construction.
1. New construction and substantial improvement of any
commercial, industrial or nonresidential structure other than low
investment accessory structures shall either have the lowest floor,
including the basement, elevated to the level of the base flood
elevation, or together with the attendant utility and sanitary
facilities, shall:
a. Be floodproofed so that below the base flood level
the structure is watertight with walls substantially impermeable to
the passage of water;
b. Have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy;
c. Be certified by a registered professional engineer
or architect that the design and methods of construction are in
accordance with accepted standards of practice for meeting
provisions of this subsection based on their development and/or
review of the structural design, specifications and plans. Such
certifications shall be provided to the county building inspector.
2. Nonresidential structures that are elevated, not
floodproofed, must meet the same standards for space below the
lowest floor.
3. Applicants floodproofing nonresidential buildings
shall be notified that flood insurance premiums will be based on
rates that are one foot below the floodproofed level (e.g., a
building constructed to the base flood level will be rated as one
foot below that level).
C. Manufactured Homes. All manufactured homes to be placed
or substantially improved within Zones A1-30, AH and AE shall be
elevated on a permanent foundation such that the lowest floor of
the manufactured home is at or above the base flood elevation and
be securely anchored to an adequately anchored foundation system in
accordance with the provisions of Section 17.48.040(B).
D. Floodways. Since the floodway is an extremely hazardous
area due to the velocity of floodwaters which carry debris,
potential projectiles, and have erosion potential, the following
provisions apply:
1. Encroachments are prohibited, including fill, new
construction, substantial improvements, and other development
unless certification by a registered professional engineer
orarchitect is provided demonstrating that encroachments shall not
result in any increase in flood levels during the occurrence of the
base flood discharge.
2. If subsection (D)(1) of this section is satisfied, all
new construction and substantial improvements shall comply with all
applicable flood hazard reduction provisions of Sections 17.48.040
and 17.48.050 limitations.
3. Prohibit the placement of any manufactured homes,
except in an existing manufactured home park or existing
manufactured home subdivision. (Ord. 5-1983 par 12.03(part))
17.48.060 Warning and disclaimer of liability.
The degree of flood protection required by this chapter is
considered reasonable for regulatory purposes and is based on
scientific and engineering considerations. Larger floods can and
will occur on rare occasions. Flood heights may be increased by
man-made or natural causes. This chapter does not imply that land
outside the areas of special flood hazards or uses permitted within
such areas will be free from flooding or flood damages. This
chapter shall not create liability on the part of the city of
Elgin, or the Federal Emergency Management Agency for any flood
damages that result from reliance on this chapter or any
administrative decision lawfully made thereafter. (Ord. 5-1983 par
12.04)
index
CHAPTER 17.52 VARIANCES
Sections:
17.52.010 Authorization to grant or deny variances.
17.52.020 Conditions for granting of variance.
17.52.030 Variance procedure.
17.52.010 Authorization to grant or deny variances.
The city council may authorize variances from the requirements
of this title where it can be shown that, owing to special and
unusual circumstances related to a specific piece of property, the
literal interpretation of this title would cause undue or
unnecessary hardship, except that no variance shall be granted to
allow the use of property for purposes not authorized within the
zone in which the proposed use would be located. In granting a
variance the city council may attach conditions which it finds
necessary to protect the best interests of the surrounding property
or neighborhood and to otherwise achieve the purposes of this
title. (Ord. 5-1983 par 13.01)
17.52.020 Conditions for granting of variance.
No variance shall be granted by the city council unless it can
be shown that all of the following conditions exist:
A. Exceptional or extraordinary conditions applying to the
property that do not apply generally to other properties in the
same zone or vicinity, which conditions are a result of lot size or
shape, topography, or other circumstances over which the applicant
has no control.
B. The variance is necessary for the preservation of a
property right of the applicant substantially the same as is
possessed by owners of other property in the same zone or vicinity.
C. The authorization of the variance shall not be
materially detrimental to the purposes of this title, be injurious
to the property in the zone or vicinity in which the property is
located, or be otherwise detrimental to the objectives of any
municipal development plan or policy.
D. The variance request is the minimum variance from the
provisions and standards of this title which will alleviate the
hardship. (Ord. 5-1983 par 13.02)
17.52.030 Variance procedure.
The procedure to be followed in applying for and acting on a
variance shall be substantially the same as provisions for a
conditional use, except that notice of the public hearing need only
be mailed to property owners within three hundred (300) feet of the
applicant's property. (Ord. 5-1983 par 13.03)
index
CHAPTER 17.56 SITE PLAN REVIEW
Sections:
17.56.010 Purpose and intent.
17.56.020 Site plan contents.
17.56.030 Complete information.
17.56.040 Review criteria.
17.56.050 Performance agreement.
17.56.010 Purpose and intent.
The purpose of this chapter is to explain the type of
information which must be included on all site plans as well as
explain the site plan review process. Compliance with this chapter
is necessary, where required by this title, prior to a building
permit being issued. (Ord. 5-1983 par 14.01)
17.56.020 Site plan contents.
All site plans shall include the following information as well
as any additional information which may be required by the city
council:
A. Lot dimensions;
B. Existing and proposed structures: location, dimensions,
height, size and type;
C. Existing and proposed fences and signs: height, size and
type;
D. Off-street parking: location, number and size of spaces,
traffic flow;
E. Access points, including loading and unloading areas;
F. Existing and proposed lighting;
G. Landscaping, type of irrigation;
H. All existing and proposed utility lines and size;
I. Any elevation lines at five-foot intervals. (Ord. 5-1983
par 14.02)
17.56.030 Complete information.
Site plans shall be submitted to and reviewed by the city
council unless otherwise specified under the individual zones or
title provision. Said site plan shall be accepted only if all the
necessary information is provided in diagram form or written
explanation and accompanied by any necessary filing fee. The site
plan will be either approved, conditionally approved pending
modification or denied. (Ord. 5-1983 par 14.03)
17.56.040 Review criteria.
All site plans shall be reviewed to determine their compliance
with the purpose and intent of the applicable portion of this title
where they are to be constructed. If the proposed site plan would
substantially depreciate property values in the vicinity or would
unreasonably interfere with the use or enjoyment of the property in
the vicinity by the occupants or endanger the public peace, health,
safety or general welfare, such site plan shall be denied. (Ord.
5-1983 par 14.04)
17.56.050 Performance agreement.
A. A signed performance agreement shall be required and a
bond, cash deposit, or other mutually agreeable means of insuring
compliance may be required in order to insure completion of the
approved site plan.
B. No deviation from the approved site plan will be
permissible without approval of the city council. (Ord. 5-1983 par
14.05)
index
CHAPTER 17.60 AMENDMENTS
Sections:
17.60.010 Initiation.
17.60.020 Notice.
17.60.030 Petitions.
17.60.040 Public hearing.
17.60.050 Notice of final action.
17.60.010 Initiation.
The council may on its own motion, or upon property owner
petition, after public notice and hearing, amend the text of the
Elgin land use plan and the zoning or partition and subdivision
ordinance and change plan and zone boundaries. (Ord. 5-1983 par
15.01)
17.60.020 Notice.
A. A plan or zoning map change may be made only after
notice to the owners of record of the properties within the area
proposed for change, and to those other property owners of record
within the area determined by the council to be that which is
logical for inclusion in the change, and to those property owners
within two hundred (200) feet of such areas. Width of streets and
of alleys shall be excepted in the measurement of areas mentioned
above.
B. A proposal to amend the land use plan or zoning or
partition and subdivision ordinance to adopt a new land use
regulation shall be submitted to the Director of the Oregon
Department of Land Conservation and Development at least forty-five
(45) days before the final city council hearing on adoption. The
proposal submitted shall contain four copies of the text and any
supplemental information the city believes is necessary to inform
the Director of DLCD as to the effect of the proposal and shall
indicate the date of the final hearing on adoption by the city
council. (Ord. 5-1983 par 15.02)
17.60.030 Petitions.
A. All changes except those initiated by the city council
shall be made upon petition bearing the signatures of fifty (50) or
more percent of the owners of record of the property within the
area proposed for amendment, and within two hundred (200) feet from
the boundaries of such area. Width of streets and alleys excepted.
Such petition shall properly identify the property proposed for
amendment and shall contain the correct addresses of those owners
of record concerned in the area proposed for amendment and within
all surrounding areas as set forth above.
B. The petition shall set forth the proposed change and the
reason for the change in question. Prior to any hearing, the city
council shall review the petition and determine if additional area
should be included for amendment consideration.
C. The costs to consider any amendment not initiated by the
city council shall be paid by the petitioners prior to the hearing.
(Ord. 5-1983 par 15.03)
17.60.040 Public hearing.
A. The city council shall afford all interested persons an
opportunity to be heard on the amendment proposal, at a public
hearing. The time and place of same to be stated in notices mailed
to the last known addresses of all property owners of record within
the area proposed for amendment and in the contiguous area, as set
forth above.
B. Notice of said public hearing shall be published in
accord with state law, and in no case shall be published less than
once within the week in which the meeting is to be held and shall
state the facts pertinent to the hearing. If a petition is
presented protesting against said amendment proposal, duly signed
by fifty-one (51) or more percent of the owners of record, of the
area proposed for amendment and the area within two hundred (200)
feet of such as defined above, then the proposed amendment shall
not be allowed. (Ord. 5-1983 par 15.04)
17.60.050 Notice of final action.
Notice of city council final action shall be given in the
following:
A. The signed copy of each amendment to the land use plan
or a land use regulation shall be maintained on file in the office
of the city clerk. Additional copies shall be made available to the
public.
B. Four copies of the ordinance amending the land use plan
or land use regulation, or new land use regulations and findings to
support the adoption shall be mailed or otherwise submitted to the
Director of the Oregon DLCD within five days after the final
decision by the city council. (Ord. 5-1983 par 15.05)
index
CHAPTER 17.64 ADMINISTRATION AND ENFORCEMENT
Sections:
17.64.010 Appeals from rulings on permits.
17.64.020 Violation Penalty.
17.64.030 Final action by city Notice of incomplete
application.
17.64.010 Appeals from rulings on permits.
Any interested citizen of the city may appeal to the city
council any ruling pertaining to the granting or denial of any
permit applied for under this title when such ruling is adverse to
his interests, by filing with the city recorder within ten (10)
days from such ruling a written notice stating with reasonable
accuracy the particular ruling from which appeal is made, and state
the grounds therefor. Thereupon, the recorder shall forthwith
obtain all papers constituting the record upon which the action
appealed from is based, and refer the same to the city council. The
city council may request any additional evidence as either deems
relevant to the issues involved, and within thirty (30) days and
after a public hearing thereon, the city council shall have the
power to affirm, overrule or alter any such ruling. (Ord. 5-1983
par 16.01)
17.64.020 Violation Penalty.
The owner or owners of any building or premises, or part
thereof, where anything in violation of this title shall be placed,
or shall exist, or be maintained, and any architect, builder or
contractor who shall assist in the commission of any such
violation, and all persons or corporations who shall violate or
maintain any violation of any of the provisions of this title or
who shall fail to comply therewith, or who shall build in violation
of any detailed statement of plan submitted and approved
thereunder, shall for each and every violation or noncompliance be
deemed guilty of a misdemeanor and, upon conviction, shall be fined
not more than five hundred dollars ($500.00). Each day that a
violation of this title continues shall be considered a separate
offense. (Ord. 2-1984; Ord. 5- 1983 par 16.02)
17.64.030 Final action by city Notice of incomplete application.
A. In accordance with ORS 227.178, except as provided in
subsection C of this section, the city shall take final action upon
an application for a permit or zone change, including all appeals
to the council as provided by this title, within one hundred twenty
(120) days after the application is deemed complete.
B. In accordance with ORS 227.178, if an application for a
permit or a zone change is incomplete the city zoning officer or
committee appointed by the council shall notify the applicant of
exactly what information is missing within thirty (30) days of the
receipt of the application and shall allow the applicant a
reasonable opportunity to submit the missing information.
C. In accordance with ORS 227.178, the one hundred twenty
(120) day period specified in subsection A of this section may be
extended for a reasonable period of time at the request of the
applicant. Subsection A shall not apply to decisions not wholly
within the authority and control of the council, nor to an
amendment to the comprehensive plan or a land use regulation which
has been acknowledged or to the adoption of a new land use
regulation that was forwarded to the Director of the Department of
Land Conservation and Development under ORS 197.610(1). (Ord.
1-1989: Ord. 5-1983 par 16.06)