CHAPTER 8 DEVELOPMENT REGULATIONS

C. If the accessory dwelling unit is located above a garage, the ADU may not exceed the footprint of the garage.

2 An accessory dwelling unit must be able to function as a separate dwelling unit. This includes the following:

A. The accessory dwelling unit must be separately accessible from the exterior. An interior entrance to the primary residence may be approved, pursuant to review and acceptance by the Community Development Director, or designee;

B. The accessory dwelling unit must have separately accessible utilities, unless served by the primary residence.

C. The accessory dwelling unit shall contain a kitchen.

D. The accessory dwelling unit shall contain a bathroom.

E. The accessory dwelling unit shall not be a Recreational Vehicle (RV) or portion thereof.

3. The finished floor height of an accessory dwelling unit shall be entirely above the natural or finished grade, whichever is higher, on all sides of the structure.

4. An accessory dwelling unit shall be located within the dimensional requirements of the zone district in which the property is located and cannot be located in front of the forward-most façade of the primary dwelling.

5. If the entrance is accessed via stairs, a covered porch, or other sufficient means of preventing snow and ice from accumulating on the stairs shall be provided.

6. Accessory dwelling units shall be developed in accordance with the requirements of this title which apply to residential development in general. These include, but are not limited to, all applicable International Building and Fire Code requirements related to adequate natural light, ventilation, fire egress, fire suppression, and sound attenuation between living units. This standard may not be varied.

[Section 8.0325 amended by Ord. #2016-17 passed January 31, 2017]

[Section 8.0325 amended by Ord. #2020-15 passed November 10, 2020]

[Section 8.0325 amended by Ord. #2022-04 passed June 28, 2022]

[Section 8.0325 amended by Ord. #2022-09 passed December 13, 2022]

8.0330 Exterior Lighting.

1. Purpose. The purpose of this code section is to allow residents, businesses, and public entities to adequately illuminate the outdoor areas on their property without adversely impacting the use of adjacent property and minimizing the impact on Redmond’s dark skies.

2. Applicability. The provisions of this code section apply to all outdoor lighting, including security lighting in all zones, unless exempted under this code section. All outdoor lighting subject to this code section shall comply with these requirements. This includes, but is not limited to, new lighting, replacement or repair of existing nonconforming lighting, and any other lighting whether attached to structures, poles, the earth, or any other location that illuminates exterior areas of the property. It is the property owner’s responsibility to ensure compliance with this code section, including lighting installed by a third party or prior property owner.

3. Requirements for Lighting Regulated by this Code Section

A. All lighting shall be downcast and use a shielded fixture or other means to limit up lighting. The terms “downcast and shielded” mean that the fixture allows no light emission above a horizontal plane through the bottom of the fixture. See illustration A which illustrates downcast lighting and up lighting.

B. Lighting shall not shine into neighboring residences, or onto public streets.

C. Lighting in the canyon or within 25’ of the canyon rim shall be submitted to and reviewed by the Community Development Director or Planning Commission prior to installation for compliance with this code section.

4. The following shall be exempt from the provisions of this code section:

A City approved lighting within public right-of-way or easement for the principal purpose of illuminating streets, roads, and street signs.

B. Lighting for public facilities including but not limited to, City Hall, public monuments, public art, public parks, and public landscaping.

C. All lighting at the Redmond Municipal Airport.

D. All lighting at the Deschutes County Fairgrounds.

E. All lighting for public schools, except that sport field lighting shall be turned off within one hour of the end of the event or game.

F All lighting of buildings designated as historic by the City of Redmond.

G. Sign lighting that is otherwise regulated by the provisions of the City of Redmond Sign Code

H. Temporary lighting for theatrical, television, performance areas and construction sites as approved by the Community Development Department.

I. Underwater lighting in swimming pools and other water features.

J. Emergency lighting that is only used under emergency conditions and other lighting being used during police declared emergency.

K. Lights used for holiday decorations.

L. Motion detector lights that operate automatically for periods of less than ten minutes.

M. Lighting of flags for the United States, State of Oregon, POW, and City of Redmond

N. Lighting required by federal or state laws or regulations.

O. Outdoor lighting fixtures lawfully installed prior to and operable on the effective date of this code section, and which are in compliance with the prior version of RMC 8.0330 may continue to be used as a nonconforming light fixture. Any repair, replacement, or relocation of outdoor light fixtures as of the effective date of this code section shall be subject to the provisions of this code section.

[Section 8.0330 amended by Ord. #2018-12 passed November 13, 2018]

8.0335 Development Standards Along the Perimeter of the Canyon.

1. The following rules apply to any development within 100 feet of the canyon rim:

A. Any dwelling or accessory structure shall be less than twenty-four (24) feet in height and setback at least twenty-five feet from the canyon rim;

B. No existing trees within 25 feet of the canyon rim, over 3" caliper measured 3 feet above ground level shall be removed from the site or, if removed, are replaced by an equal number of tree(s) that are at least 2" caliper measured 3' above ground level;

C. Development shall maintain the natural appearance of the canyon rim; no alteration of the rock formation portion of the canyon rim is permitted;

D. No fence is constructed within ten (10) feet of the canyon rim;

E. All lots fronting on the canyon rim shall be a minimum of 9,000 square feet;

F. No deck, patio or structure requiring a building permit may be constructed within ten (10) feet of the canyon rim;

G. Lighting shall be met subject to 8.0330, “Exterior Lighting”

2. A Conditional Use Permit is required for the following Development along Redmond Dry Canyon:

A. Any structure exceeding 24' height, or is located within 25’ of the canyon rim;

B. Any structure not governed by section (A)(1) located in a side or rear yard area adjacent to the canyon rim

C Decks or patios shall be setback from the canyon rim the same number of feet as the height of the deck or patio from the ground.

[Section 8.0335 amended by Ord. #2016-17 passed January 31, 2017]

[Section 8.0335 amended by Ord. #2022-04 passed June 28, 2022]

8.0340 Fences. All fences constructed shall comply with the following standards. For the purpose of these standards, fences refer to fences, lattice work, screens, or walls (other than a retaining wall). The intent of these standards is to ensure that fencing contributes positively to the appearance of the community and neighborhoods, and that the scale, location, and aesthetics of fencing does not adversely affect surrounding properties or public safety.

1. On all properties one (1) acre or less in size, in all Residential Zones (including residential uses in the C-2 Zone and in the Downtown Overlay District) and the Urban Holding Zone, all fences shall be developed to the following standards:

A. Fences abutting a local public street shall comply with the following:

1. Fences in front yards, and in that portion of side yards extending from the front property line to the front façade of the dwelling, shall be a maximum of 3½ feet tall.

2. On corner lots, only one front yard restriction is applied relative to the 3½ feet fence height restriction, in which case, the fence along the non-front yard designated side may be up to 6 feet tall from the front façade of the house back to the rear property line (see fence example in Figure 1).

3. Fences in that portion of side yards extending from the front façade of the dwelling to the rear property line, and all rear yards, shall be a maximum of 8 feet tall.

4 Fences located in side and rear yards shall incorporate architectural columns consisting of materials such as stone, brick, rock, wood, or other similar products, at each property corner along the fence that abuts the street. (See: Examples) The columns shall be a minimum of 12” x 12” in size.

5 Fences shall be constructed of wood, vinyl, or wrought iron. Chain link fences are not permitted. Other types of fence material, powder coating and construction may be approved by the Community Development Director, or designee, subject to conforming with the intent statement above.

6 Fences in side or rear yards which abut an alley shall be allowed to be 8 feet in height. (Note: the Oregon State Building Code – as defined in State Statute – indicates that fences in excess of 7 feet in height require a building permit and may need to be professionally engineered).

7. Fences which encroach into the public right-of-way shall be treated as a nuisance and shall be subject to enforcement pursuant to Section 8.0805 of the City of Redmond Development Code.

B Fences abutting a collector or arterial street shall comply with the following:

1. In addition to the requirements for fences abutting a local street, fences located in side and rear yards that abut a collector or arterial public street shall in addition incorporate a minimum 5” wide square column every eight (8) feet along the fence with a cap added to the top of each column that is a minimum of a ½” larger in each direction and a minimum of 1” in height.

C. Fences not abutting a public street shall comply with the following:

1. Fences located in the side or rear yards shall not exceed 8 feet in height. (Note: the Oregon State Building Code – as defined in State Statute – indicates that fences in excess of 7 feet in height require a building permit and may need to be professionally engineered).

D. No fence in any residential zone, except as exempted by Section 8.0340(5), shall be constructed with barbed wire, razor wire, or similar apparatus.

2 In all Commercial Zones (except for the C-2, Central Business District Zone, and the Mixed-Use Zones), the PF-Public Facility Zone, the Park Zone, and in any Industrial Zone, all fences shall be developed to the following standards:

A. The maximum height of a fence shall not exceed 8 feet. (Note: The International Building Code indicates that fences in excess of 7 feet in height require a building permit and may need to be professionally engineered).

3. For any development undergoing land use review, any wood or vinyl fence bordering a street shall incorporate architectural elements in accordance with Section 8.0340(1)(A)(4) and/or (1)(B)(1) herein.

4. All fences, regardless of zone or location, shall comply with the following requirements:

A. Fences fronting public streets shall provide one gate, opening, or other site access for emergency services use. For corner lots, only one opening along either the front or side yard frontage is required.

B. Fences shall not block the clear vision area and shall comply with the standards in RDC Section 8.0305.

C. Fences shall be constructed on private property and shall not be located in public rights-of-way.

D. Fences shall be comprised of wood, vinyl, metal, or other sturdy material that is able to be painted and/or maintained in structurally sound condition. All fences shall be free from exposed nails, screws, loose members, decaying materials, or other similar conditions that can pose a hazard.

5. The following fences shall be exempt from the standards set forth herein, except for the requirement to comply with the clear vision standards in the RDC Section 8.0305, as listed in Section 8.0340(4)(B) above:

A. Any security fencing around a public or quasi-public utility or entity including the Airport perimeter.

B. Fences related to a park or school use including (but not necessarily limited to) tennis courts, driving ranges and ball fields.

C Fences necessary for compliance with any documented Federal or State mandated requirements (i.e., Homeland Security requirements)

D. Any fence exempted under (5)(A and B) herein that is in excess of 20 feet in height shall require conditional use permit review and approval, and a public hearing.

Examples:

E. In the C-2 and DOD zoning districts, fences shall comply with the following standards:

Track 1. Fences along street frontages and/or in front of a building shall be no taller than 4 ft. Fences shall be made of wood, wrought iron, powder coated chain-link, and shall be at least 75% transparent in composition Proposals that do not fit the Track 1 provision shall be processed as a Track 2 application.

Track 2. As an alternative to the Track 1 standards, fencing proposals must utilize alternative designs if they reflect the architectural theme of the buildng and site. They must also show how the public is separated from the on-site activities in an aesthetic and practical manner. In no case shall fences be taller than 6 feet in height.

[Section 8.0340 amended by Ord. #2013-04 passed May 14, 2013]

[Section 8.0340 amended by Ord. #2014-14 passed July 22, 2104]

[Section 8.0340 amended by Ord. #2016-17 passed January 31, 2017]

[Section 8.0340 amended by Ord. #2018-09 passed September 11, 2018]

[Section 8.0340 amended by Ord. #2020-15 passed November 10, 2020]

[Section 8.0340 amended by Ord. #2022-04 passed June 28, 2022]

[Section 8.0340 amended by Ord. #2022-09 passed December 13, 2022]

8.0345 Home Occupation. The purpose of a home occupation is to allow residents the opportunity to engage in a home-based business. Home occupations shall have characteristics that are indistinguishable from the residential use of a dwelling, or property, and do not infringe upon the rights of nearby residents. Meeting the criteria below shall be considered and permitted as uses accessory to the residential use of a dwelling

1. The home occupation is to be secondary to the main use of the property as a residence

The home occupation can occur in the primary dwelling or in an accessory structure on the same property.

2. No structural alterations shall be allowed to accommodate the home occupation except when otherwise required by law, and then only after the plans for such alterations have been reviewed and approved by the City. Such structural alterations shall not detract from the outward appearance of the building as a residence.

3. The home occupation must be conducted wholly within lawfully built enclosed structures and in such a manner as not to give an onward appearance of a business.

4. Outdoor storage, including but not limited to, inventory, supplies, or equipment, must be completely screened behind a sigh-obscuring fence or within an enclosed structure; stored products; equipment, or materials shall not be visible from the public right-of-way or adjacent properties or common area.

5. A home occupation is prohibited which is inconsistent with the residential use of the property or creates adverse impacts such as: noise, vibration, smoke, dust, odor, generation or addition traffic, or other factors.

6. No materials or commodities shall be delivered to or from the property which are of such bulk or quantity as to require delivery by a commercial vehicle or a trailer or the parking of customer's vehicles in a manner or frequency as to cause disturbance or inconvenience to nearby residents or so as to necessitate off-street parking.

7 Exterior signs shall be limited to those permitted in the zone in which the home occupation is located. There shall be no other exterior indication of the home occupation.

8. Allows on-site one (1) business related vehicle or truck not exceeding 15,000 pounds gross vehicle weight and one (1) other non-motorized wheeled trailer, which shall not exceed 10,000 pounds gross vehicle weight. No commercial vehicle as defined in ORS 801.208, as amended, is permitted as part of a home occupation.

9. There shall be no retail sales from the premises.

10 Home occupation licenses are subject to City Cody Section 5.335 et seq governing nuisances and noise

[Section 8.0345 amended by Ord. #2020-15 passed November 10, 2020]

[Section 8.0345 amended by Ord. #2022-04 passed June 28, 2022]

8.0350 Design Standards for all Residential Structures and Sites fronting both public or private streets and alleys

1 The front doors and front facade of all primary dwelling units shall face a public or private street

2. At least one yard facing a public or private street shall provide a gate, opening, or other access for emergency service use.

3 For all residential lots served by alleys and fronting a public or private street, addresses shall be clearly visible from the street rather than from the alley.

8.0360 Placement of a Temporary Residence. A temporary residence may be placed on a site in conjunction with the issuance of a building permit for a period of six months following the date of issuance. A property owner may apply for a permit allowing such placement by filing an application with the Community Development Director on a form provided by the Planning Department. The Community Development Director shall issue said permit but may attach conditions deemed necessary to minimize the impact of the placements on the adjacent properties. The Community Development Director may also grant an additional six months for the permit if the applicant can establish the extension is necessary.

8.0362 Placement of Temporary Residences for Medical Hardship. A temporary residence shall be allowed as an additional dwelling due to a medical hardship under the following restrictions:

1. The temporary residence shall be placed within 100 feet of the main dwelling.

2. The temporary residence shall be connected to the same sewage facility as the main residence where applicable.

3. The applicant shall renew the permit on an annual basis and the Community Development Director shall review permits issued at any time and may revoke the permits when they are found to not be needed for the original purpose.

4. The applicant shall provide a letter from a physician documenting the need for the temporary residence.

5. The temporary residence must be removed within 90 days after termination of the permit.

6. The temporary residence must meet all the required setbacks.

7. If the temporary residence is visible from any adjacent property, site obscuring, screening shall be required.

8.0364 Beekeeping. The purpose of this section is to regulate the keeping of bees on residential lots within the City of Redmond. This activity is considered to be an accessory use subject to the following standards:

1. Location, Density, and Maintenance of Colonies.

A. The number of colonies is limited to one (1) colony per legal lot of up to 5,000 sq. ft. of lot area, plus one (1) additional colony per each additional 5,000 sq. ft. of lot area, up to a maximum of eight (8) colonies regardless of lot size.

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

C. Hives shall be placed on property, so the general flight pattern of bees does not unduly impact neighboring properties or their inhabitants. If any portion of a hive is located within thirty (30) feet of a public or private property line, a flyaway barrier at least six (6) feet in height shall be established and maintained around the hive. The flyaway barrier shall be located along the property boundary or parallel to the property line, and shall consist of a solid wall, solid fencing material, dense vegetation or combination thereof extending at least ten (10) feet beyond the colony in each direction, so that all honeybees are forced to fly at an elevation of at least six (6) feet above ground level over the property lines in the vicinity of the colony.

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

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

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

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

[Section 8.0364 added by Ord. #2010-10 passed October 26, 2010]

8.0365 Keeping of Livestock. The keeping of livestock in any residential zone that permits the keeping of livestock shall be subject to the following limitations:

1. The required area for horses shall be a usable area of 10,000 square feet for one horse, 20,000 square feet for two horses, and 5,000 square feet for each additional horse.

2. Cows, goats, and sheep shall have a fenced corral or pasture with a usable area of at least 10,000 square feet per animal.

3. The number of chickens, fowl, and/or rabbits shall not exceed one for each 500 square feet of property.

4. Animal runs or barns, chicken or fowl pens shall be located on the rear half of the property not closer than 50 feet from any residence abutting the subject property.

5. Animals, chickens, and/or fowl shall be properly caged or housed, and proper sanitation shall be maintained at all times. All animal or poultry food shall be stored in metal or other rodent-proof containers.

6. No enclosure for horses, cows, goats, sheep, or other livestock shall be located closer than 50 feet to a dwelling abutting the subject property.

7. Fences used for enclosing livestock shall be kept in good repair and be at least four feet in height

[Section 8.0365 amended by Ord. #2010-10 passed October 26, 2010]

[Section 8.0365 amended by Ord. #2018-09 passed September 11, 2018]

8.0366 Trans America Bike Route No land use action or permit shall be allowed on adjacent lands to the Trans America Bike Route that will adversely affect the function of the bike route.

8.0367 OSPR / “R” Zone Density Transfer Provisions.

1 All property within the North Redmond US 97 Interchange Area Management Plan (IAMP) area, and annexed to the City, shall be subject to a condition of development approval that stipulates the property shall:

A. Have immediate direct access to a local public street other than a state highway,

B. Comply with the IAMP Local Street Connectivity Plan (Comprehensive Plan Addendum Chapter 9 Transportation Element figure 1); and

C. Relinquish all direct access rights to a state highway when a legal alternative access exists (Amended by City Ordinance 2007-9, June 9, 2007)

[Section 8.0367 amended by Ord. #2015-01 passed February 24, 2015]

[Section 8.0367 amended by Ord. #2016-17 passed January 31, 2017]

8.0370 Building Setbacks for the Protection of Solar Access.

[Section 8.0370 amended by Ord. #2012-04 passed April 24, 2012]

[Section 8.0370 amended by Ord. #2020-15 passed November 10, 2020]

[Section 8.0370 deleted by Ord. #2022-04 passed June 28, 2022]

8.0375 Manufactured Home Park Standards. Manufactured Home Park. A manufactured home park shall be built to site standards in effect at the time of construction and shall comply with the following additional provisions.

1. Evidence shall be provided that the park will be connected to City sewer and water services.

2. The space provided for each manufactured home shall be provided with City water, electrical, and sewerage connections.

3. The number of manufactured homes shall not exceed the maximum density permitted in the underlying zone.

4. A manufactured home shall not occupy more than 40 percent of the contiguous space provided for the exclusive use of the occupants of the manufactured homes and exclusive of space provided for the common use of tenants, such a roadway, general use structures, parking spaces, walkways, and areas for recreation and landscaping.

5. No manufactured home in the park shall be located closer than 15 feet from another manufactured home or from a general use building in the park. No manufactured home accessory building shall be closer than 10 feet from a manufactured home space or other building or structure. No manufactured home or other building or structure shall be within 25 feet of a public street property boundary or 10 feet of another property boundary.

6. A manufactured home permitted in the park shall meet the following standards as determined by an inspection by the Building Official:

A. It shall have a State insignia indicating compliance with Oregon State Manufactured Home Construction Standards in effect at the time of the manufacture and including compliance for reconstruction or equipment installation made after manufacture.

B. Notwithstanding deterioration which may have occurred due to misuse, neglect, accident, or other cause, the manufactured home shall meet the State standards for manufactured home construction evidenced by the insigne.

C. It shall not contain less than 225 square feet of space as determined by measurement of the unit exclusive of any trailer hitch device.

D. It shall contain a water closet, lavatory, shower or tub, and a sink in a kitchen or other food preparation space.

E. A manufactured home permitted in the park shall be provided with a continuous skirting.

7. There shall be no outdoor storage of furniture, tools, equipment, building materials or supplies belonging to the occupants or management of the park.

8. The land which is used for park purposes shall be surrounded, except at entry and exit places, by a sight obscuring fence or hedge not less than six feet in height. The fence or hedge shall be maintained in a neat appearance.

9. If the park provides space for 50 or more manufactured home units, each vehicular way in the park shall be named and marked with signs which are similar in appearance to those used to identify public streets. A map of the named vehicular ways shall be provided to the fire department.

10. If a manufactured home space or permanent structure in a park is more than 500 feet from a public fire hydrant, the park shall have water supply mains designed to serve fire hydrants and hydrants shall be provided within 500 feet of such space or structure. Each hydrant within the park shall be located on vehicular way and shall conform in design and capacity to the public hydrants in the City.

11. Open Space. A minimum of at least 2,500 square feet plus 150 square feet per manufactured home space shall be provided for a recreational play area, group, or community activity. The Hearings Body may require this area to be physically separated from streets, or parking area, by a fence or the equivalent, that conforms to fence regulations, but at least 30 inches in height where allowed by fence standards. Unless otherwise approved, no required open space area shall contain less than 2,500 square feet. Recreation areas shall be improved with grass, plantings, surfacing, or buildings suitable for recreational use. No recreation facility created within a manufactured home park wholly to satisfy the requirements of this section shall be open to, or offered in itself, to the general public.

12. Parking Space Requirement. Two parking spaces shall be provided for each manufactured home space on the site. In addition, guest parking spaces shall also be provided in every manufactured home park within 200 feet of the manufactured home spaces served and at a ratio of one parking space for each two manufactured home spaces. Parking spaces shall have durable and dustless surfaces adequately maintained for all-weather use and shall be properly drained.

13. All manufactured home parks over 10 acres in size shall be located to have access on a street designated as a collector street unless otherwise approved by the Community Development Director, or designee.

14. All manufactured home parks containing a total site area of 20 acres or more shall provide a secondary access to the mobile home park. Such secondary access shall enter the public street system at least 150 feet from the primary access.

15. Lighting shall be installed along the access ways of the manufactured home park and the recreation area with lights of 100 watts or better or not over 100 feet apart. Wires for service to light poles and trailer spaces shall be underground.

16. Roadways within the park shall be paved and shall not be less than 30 feet in width if parking is permitted on the margin of the roadway, or less than 24 feet in width if parking is not permitted on the edge of the roadway and an adequate designated area is provided and improved for guest parking and tenant recreational vehicles (such area shall be designed and improved to provide not less than one parking space per each two unit spaces in the park).

17. No manufactured home park shall be created on a site of less than one acre

18. Sidewalks or other approved surfaced pedestrian walkways shall be provided.

[Section 8.0375 amended by Ord #2020-15 passed November 10, 2020]

[Section 8.0375 amended by Ord. #2022-04 passed June 28, 2022]

8.0380 Temporary Use Permit (TUP).

1. Purpose. The purpose of this section is to establish regulations for uses that are temporary in nature.

2. Intent. The intent of this section is to ensure that the temporary uses do not adversely impact the long-term uses of the same or neighboring sites or impact the general health, safety, and welfare of persons residing within the community.

3. Applicability. Temporary uses are characterized by their short-term or seasonal nature and by the fact that permanent changes are not made to the site. These provisions place restrictions on the duration of the temporary use, its location, and other development standards.

4. Approval. Approval may be granted for structures or uses which are temporary or seasonal in nature, such as: temporary real estate offices, construction trailers and construction offices, provided such uses comply with other provisions of this Code, or other required City, County or State permits.

5. Application and Fee. An application for a temporary use shall be filed with the City and accompanied by the fee as specified in the City fee schedule.

6. Permit Approval. A TUP may be authorized by the Community Development Director, or designee, provided that the applicant submits a narrative and detailed site plan that demonstrates that the proposed use:

A. Generally conforms to the standards of the zone in which it is located.

B The proposed use will not adversely affect adjacent structures and uses of the surrounding neighborhood.

C. The proposed use will not adversely affect the circulation and flow of vehicular and pedestrian traffic in the immediate area.

D. The proposed use will not create a demand for additional parking which cannot be met safely and efficiently in existing parking areas.

E. The proposed use will not conflict with the terms or intent of any other use permit, of any type, currently in effect on the property.

F. The proposed use will comply with applicable noise, odor, nuisance, fire code and other provisions of this Code and not be detrimental to the public welfare of the community.

G. Meets all applicable Building Code requirements.

7. Time Limits. Temporary uses may be issued a permit for up to one year to accommodate the duration of the proposed use. The temporary use or structure shall be removed upon expiration of the TUP.

8. Conditions. Reasonable, clear, and objective conditions may be imposed in connection with the TUP as necessary to meet the purposes and intent of this section. Guarantees and evidence may be required that such conditions will be or are being complied with. Such conditions may include, but are not limited to:

A. Special setbacks and spaces.

B. Fences and walls.

C Control of points of vehicular ingress and egress.

D. Special provisions for signs.

E Maintenance of landscaping, weeds, litter, debris, and dust.

F. Control of noise, vibration, and odors.

G. Limitation of operational hours for certain activities.

H. A time period within which the proposed use shall be developed.

I. A time limit on total duration of temporary use.

9. Revocation. Any departure from approved plans not authorized shall be cause for revocation. Furthermore, if in the Community Development Director’s, or designee, determination, a condition, or conditions, of TUP approval are not or cannot be satisfied, the TUP approval, or building and occupancy permits, shall be revoked.

10. Extension. Not less than ten days before expiration, a request for a one-time extension of a temporary use for an additional period may be considered.

[Section 8.0380 added by Ord. #2022-04 passed June 28, 2022]

[Section 8.0380 amended by Ord. #2022-09 passed December 13, 2022]

8.0385

Neighborhood Meeting.

1. Purpose and Intent. The purpose of the neighborhood meeting is to provide a forum for the applicant, surrounding neighbors, and interested members of the community to meet and consider a proposed land use application, and to discuss issues/concerns regarding the proposal prior to application submittal. Neighborhood meetings encourage citizen participation early in the development process, and an opportunity to revise the land use application to address the issues prior to application submittal.

2. Applicability. Neighborhood meetings are encouraged prior to submitting any land use application. The following application types or development proposals shall be subject to the neighborhood meeting requirements:

A. Master Development Plans.

B. Residential or mixed use development proposals that generate 200 or more daily trip ends, or 20 or more p.m. peak hour trip ends, where a Transportation Impact Analysis (TIA) is required.

C. Wireless and Broadcast Communications Facilities.

3. Requirements and Procedures. The neighborhood meeting must be held after a predevelopment meeting with City Staff, but before submittal of a land use application. The applicant shall be required to hold only one meeting prior to submitting an application for a specific site but may hold more if desired. If the development proposal is revised after the neighborhood meeting, and a major modification is requested, a second neighborhood meeting with a new notice shall be required before the revised application is submitted.

A. Location and Time. Neighborhood meetings shall be held in person at a location in reasonable proximity to the subject site. The meeting shall be held at a location open to the public., City Staff, and at a facility that is ADA accessible. The meeting shall be held on a weekday evening, or weekends at any reasonable time. Applicants may provide a virtual component for participants to join in the meeting. The virtual component shall not be done in lieu of the inperson requirements. ADA accommodations when requested by attendee must be provided.

B. Notice – Mail. Mailed notice of the meeting shall be provided by the applicant to the neighboring property owners (within 750 feet outside city limits and 250 feet within city limits) and the Community Development Department between ten and 30 calendar days prior to the meeting. Notices must be sent first class and shall include the date, time, and location of the meeting, as well as a brief description of the development proposal and property location. The description shall take into consideration information provided by City staff at the pre-development meeting, include project contact information, a copy of the tax map or a GIS map that clearly identifies the location of the proposed development, and a conceptual site plan

C. Notice – Signage. The applicant shall also post notice of the neighborhood meeting on the subject site or on an access easement to the site within clear view of a public street at least seven days in advance of the meeting. The sign must display the meeting date, time, and address as well as project contact information

D. Meeting Requirements. The developer must provide a sign-in sheet for attendees to provide their name, address, telephone number, and email address. At the meeting, the applicant shall provide a conceptual site plan and describe the major elements of the proposal. Depending on the type and scale of the particular application, the applicant should be prepared to discuss proposed land uses and densities; traffic impacts; proposed building size and height; proposed access and parking; and proposed landscaping, buffering and/or protection of natural resources as applicable. Attendees will have an opportunity to speak at the meeting and may identify any issues that they believe should be addressed. If no one arrives within 30 minutes of the scheduled start time for the meeting, the applicant may close the meeting and this requirement will be considered met upon the applicant’s submittal of the documentation to that effect.

E. Materials Submitted with Application. The neighborhood meeting notes that identify the major points discussed about the development, list of parties notified, signed affidavits of mailing and posting notices, copies of all materials provided by the applicant, and a signature sheet of attendees shall be included with the development application upon submittal.

F. Validity Period. The land use application shall be submitted to the City within 180 days of the neighborhood meeting. If an application is not submitted in this timeframe, the applicant shall be required to hold a new neighborhood meeting.

G. Denial. Failure of the applicant to hold a neighborhood meeting in accordance with these provisions prior to submittal of a land use application shall result in an incomplete application and the application may be rejected.

[Section 8.0385 added by Ord. #2022-09 passed December 13, 2022]