Chapter 2.15 Special Provisions

This Chapter supplements the standards contained in this ordinance. It also provides standards for certain land uses to ensure compatibility of those uses within all the zoning Districts.

2.15.200 Applicability

The regulations in this Section shall apply in all zoning districts. Where conflict between regulations occurs, the regulations in this Section shall apply.

2.15.300 Accessory Dwelling Unit (ADU)

Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district. In addition accessory dwellings shall comply with all of the following:

A. Oregon Structural Specialty Code. The ADU complies with the Oregon Structural Specialty Code.

B. Number of units. A maximum of one (1) ADU is allowed per lot.

C. Floor area. The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet.

D. The ADU may be a detached unit, a unit attached to a garage, or a converted portion of the primary dwelling unit.

E. Setbacks, Height and lot coverage. All ADUs shall meet the minimum setbacks, height requirements and lot coverage standards of the underlying land use district.

F. Parking. One additional parking space for the ADU shall be provided on-site, and shall meet all applicable parking standards.

G. Compatibility standards for ADUs. The exterior finish materials, roof pitch, trim, window proportion and orientation, and eaves for the accessory dwelling must be the same or visually match in type, size and placement, the exterior details of the primary dwelling on the lot.

H. Lighted Entrance. The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2.15.2400.

I. Addressing. Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street.

J. Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is adequate. If the size (diameter) of the existing water or sewer lateral line is determined by the developer’s Engineer to not be adequate for the proposed use, then it shall be the property owner’s responsibility to install an additional or larger service line from the city main line to the property line. [Ord. 497 § 2 (Exh. B), 2019; Ord. 478 § 1 (Exh. A), 2017].

2.15.400 Accessory Structures

All accessory structures shall comply with the following special use standards.

A. Primary use required. An accessory structure shall not be allowed without another primary structure on the lot.

B. Floor area. The maximum gross floor area of an accessory structure in the Residential Districts shall not exceed 1200 square feet.

C. Setbacks, Height and lot coverage. All accessory structures shall meet the minimum setbacks, height requirements and, lot coverage standards of the underlying land use district, unless specified otherwise in this Development Code.

D. Compatibility standards for accessory structures. Except for yurts, green houses, swimming pools, tree houses and structures under 200 square feet, the exterior finish materials, roof pitch, trim, window proportion and orientation, and eaves for the accessory structure must be the same or visually match in type, size and placement, the exterior details of the primary structure on the lot.

2.15.500 Bed and Breakfast Inn

A bed and breakfast inn shall comply with all of the following special use standards in addition to the standards of the underlying zone:

A. Accessory use. The bed and breakfast inn must be a use that is accessory to a household already occupying the structure as a residence.

B. Maximum size. The bed and breakfast inn is limited to a maximum of four (4) bedrooms for guests within the R District; and eight (8) bedrooms for guests within the RMF and Commercial Districts.

C. Food service. Food services may be provided only to overnight guests of the bed and breakfast inn.

D. Owner or operator-occupied. The bed and breakfast inn shall be owner or operator-occupied and shall maintain the exterior physical characteristics of a single-family dwelling. No separate structures shall be allowed (except for customary residential accessory buildings such as sheds, or detached garages).

E. Signs. See Signs, Chapter 3.4.

F. Parking. See Vehicle and Bicycle Parking, Chapter 3.3.

G. Spacing. Bed & breakfast inns must be spaced a minimum of 1320 feet from any other bed and breakfast inn within the residential districts.

H. All inns shall comply with the provisions of the City’s Transient Room Tax Ordinance, where applicable.

2.15.600 Zero Lot Line Dwellings

A zero lot-line detached single-family dwelling on an individual lot may deviate from the required side yard building setback by being located on one side property line. Such a dwelling shall be permitted only when conforming with the following requirements:

A. The adjoining lot abutting the zero side yard setback shall be, at the time of initial construction, under the same ownership; or the zero lot-line dwelling shall be within a land division specifically developed for zero lot-line dwellings, thereby ensuring that the zero setback will not adversely impact adjoining property owners.

B. A 10-foot no build easement including a 4-foot maintenance easement shall be recorded on the adjoining lot to the zero side yard setback if the adjoining lot will not be developed as a zero lot line dwelling unit.

C. Buffering. The building placement, landscaping, and/or design of windows shall provide a buffer for the occupants of abutting “zero lot line” lots. For example, this standard is met by placing ground-floor windows (along the zero setback) where views are directed into adjacent yards, or by directing views away from yards or by using frosted glass or other window covering that obscures any view to the interior but allows light into the interior. This standard does not apply to adjoining non-zero lot line lots.

D. A maintenance easement at least four feet in width shall be recorded on the adjoining lot abutting the zero side yard setback.

E. The side yard building setback from the lot-line located opposite of the zero lot-line shall be 10 feet. Zero lot-line dwellings shall conform with all other site development standards specified herein.

2.15.700 Home Occupations

A home occupation is a legal, nonresidential income-producing use or activity that is a secondary use of a residence. The purpose of this section is to allow professional and commercial ventures that are appropriate in terms of scale and impact to operate from a dwelling. Home occupations are subject to a Type I review and are subject to the development standards of the underlying land use district. A home occupation shall require continual compliance with the following:

A. All businesses conducted within the City limits and from a dwelling shall comply with the licensing requirements for businesses in the City.

B. Prior to receipt of a business license to conduct a business in and from a dwelling, a Home Occupation Permit shall be obtained from the Community Development Department.

C. Application for a Home Occupation Permit shall be submitted to the Community Development Department and include a Filing Fee as established by the City Council.

D. The Community Development Department shall review the Home Occupation Permit application and determine whether or not the proposed home occupation complies with to the regulations of this Section. The applicant may appeal any decision of the Department as provided in Chapter 4.

E. If the Community Development Director certifies that the proposed home occupation complies with the standards and criteria listed herein, the Home Occupation Permit shall be issued subject to the following requirements:

1. The person conducting the business shall reside on the premises on a regular full-time basis and the business shall be clearly incidental and secondary to the residential use.

2. The residential appearance of the premises shall not be altered through remodeling or new construction so as to give the appearance of other than normal residential premises or to call attention to the premises.

3. There shall be no more than three commercial vehicle deliveries to or from the home occupation site daily. Commercial vehicle deliveries are allowed during the hours of 8 a.m. to 5 p.m. weekdays, excluding holidays.

4. Other than family members residing within the dwelling located on the home occupation site, there shall be no more than one full time equivalent employee at the home occupation site at any given time. As used in this section, the term “home occupation site” means the lot on which the home occupation is conducted.

5. There shall be no more than two client or customer vehicles at any one time and no more than eight per day at the home occupation site or in the right-of-way abutting the site.

6. Business Hours – There shall be no restriction on business hours, except that clients or customers are permitted at the home occupation site only from 8 a.m. to 7 p.m. daily.

7. The business shall be conducted entirely within buildings designed and built for normal residential use; not more than twenty-five (25) percent of all buildings on the property shall be devoted to the home occupation; and there shall be no outside activity, storage or display.

8. Required Off-Street Parking shall be maintained for vehicle parking purposes and shall not be converted for Home Occupation use.

9. No trucks or construction equipment shall be parked or stored on or near the premises.

10. One non-illuminated wall or window home occupation sign not exceeding two (2) square feet in area, and indicating only the name and occupation of the resident. Sign shall be located on the first floor.

11. The conduct of the home occupation business shall not create a disturbance or nuisance by reason of noise, odor, fumes, dust, vibration, smoke, electrical interference or other causes which are not commonly associated with typical residential activities. The conduct of the home occupation shall comply with the City of Sisters Noise Element in the Municipal Code.

12. Vehicle painting, repair and/or body and fender work shall be prohibited.

13. By affixing a signature to the Home Occupation Permit, the applicant acknowledges the Home Occupation Permit requirements, certifies compliance to those requirements, and expresses the understanding that the Home Occupation Permit may be revoked for non-compliance with any of the requirements.

F. Enforcement – The Community Development Director or designee, with reasonable notice and during normal business hours, may periodically visit and inspect the site of the home occupation in accordance with this section to ensure compliance with all applicable regulations. Code violations shall be processed in accordance with Chapter 1.4 – Enforcement.

2.15.800 Affordable Housing

A. Purpose. The purpose of this Section is to encourage the development of housing units affordable to households earning between 30% and 150% of area median income by providing a density bonus, as defined in this section.

B. Applicability. Except where explicitly stated otherwise in this Section, housing must comply with the standards of this Code as they apply to all other residential development.

C. Requirements.

1. The bonus provisions of this Section are exclusively available for development that meets the following criteria:

a. Repealed by Ord. 526.

a. The developer agrees to enter into a covenant with the city, that must be reviewed by the City Attorney and approved by the City Community Development Director. The covenant shall include the following:

1. State the percentage of the housing units that will be rented or sold at a rate that is affordable to residents in the income ranges prescribed in SDC 2.15.800(E).

2. Produce an annual report that enables the City to easily monitor the specified percentage of units is in the fact rented affordably to low-income residents, who qualify under Section 8 HUD guidelines.

3. Guarantee that the developer or any successor will maintain rent/payments and income controls for a period of at least 30 years and up to 60 years.

4. Stipulates that if the developer or any successors do not charge affordable rents as provided for in the covenant or do not make a good faith effort to monitor the income level of residents to ensure that they meet the affordability requirements at the start of their occupancy, the City is entitled to significant recompense. The amount of recompense shall be specifically stated in the covenant and determined jointly by the developer and the City.

D. Density Bonus. Housing developments that meet the requirements of this section may receive bonuses as provided in subsections (D)(1) through (3) of this section. This density bonus may be translated into the creation of new lots that are no smaller on average than 70% of the permissible lot size in any residential zone as calculated for the entire development.

1. Housing units affordable to households earning between 80% and 150% of area median income (moderate-income households). One-half bonus unit for each moderate-income housing unit provided.

2. Housing units affordable to households earning between 60% and 80% of area median income (low-income households). One bonus unit for each low-income housing unit provided.

3. Housing units affordable to households earning between 30% and 60% of area median income (very low-income households). Two bonus units for each very low-income housing unit provided. [Ord. 526 § 3 (Exh. B), 2022].

2.15.900 Manufactured Dwellings on Individual Lots

Manufactured dwellings are permitted on individual lots, subject to all of the following special use standards, and consistent with ORS 197.307(5). However, the following standards do not apply to manufactured dwellings placed on individual lots within the City prior to the effective date of this Code.

A. The manufactured home shall be multisectional and enclose a space of not less than 1,000 square feet.

B. The manufactured home shall be placed on an excavated and back-filled foundation and enclosed at the perimeter such that the manufactured home is located not more than 12 inches above grade.

C. The manufactured home shall have a pitched roof, except that no standard shall require a slope of greater than a nominal three feet in height for each 12 feet in width.

D. The manufactured home shall have exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the local permit approval authority.

E. The manufactured home shall be certified by the manufacturer to have an exterior thermal envelope meeting performance standards which reduce levels equivalent to the performance standards required of single-family dwellings constructed under the state building code as defined in ORS 455.010.

F. The manufactured home shall have a garage or carport constructed of like materials. An attached or detached garage in lieu of a carport shall be required where such is consistent with the predominant construction of immediately surrounding dwellings

2.15.1000 Manufactured Dwelling Parks

A manufactured dwelling park shall be developed to state standards in effect at the time of construction and the following special use standards:

A. Evidence of certificate of sanitation. The applicant shall provide evidence that the manufactured dwelling park will be eligible for a certificate of sanitation as required by state law.

B. Water, electrical and sewerage connections. Each space within the manufactured dwelling park shall be provided with piped potable water, electrical and sewerage connections.

C. Density. The maximum number of manufactured dwellings allowed within a manufactured dwelling park shall not exceed 12 units per acre of the total acres within the manufactured dwelling park. The hearings body may authorize density bonuses for the following amenities:

1. If dedicated open space equals 50% or more of the total area of the manufactured dwelling park, a 10% density bonus may be granted.

2. If playground equipment such as swings, slides, etc. is provided in the required recreational area (see I below), a 5% density bonus may be granted.

3. If an approved recreation/community building is provided, a 10% density bonus may be granted.

The maximum total density bonus available is 25%, or a maximum of 15 manufactured dwellings per acre.

D. Setbacks. Placement of manufactured dwellings on individual spaces shall maintain the following setbacks:

1. No manufactured dwelling pad or other building or structure shall be located within 10 feet of a public street property boundary or 10 feet of another property boundary. No garage shall be located within 20 feet from the public street property boundary or of another property boundary.

2. No manufactured dwelling pad in the park shall be located closer than 15 feet from another manufactured dwelling pad or from a general use building in the park.

3. No manufactured dwelling accessory building shall be closer than 10 feet from a manufactured dwelling accessory building on another manufactured dwelling space.

E. Storage. Facilities shall be provided to assure that there will be no outdoor storage of furniture, tools, equipment, building materials or other supplies belonging to the manufactured dwelling owners or management of the park.

F. Screening. The manufactured dwelling park shall be surrounded, except at entry and exit points, by a sight-obscuring fence or hedge not less than six feet in height.

G. Street signs. If the manufactured dwelling park provides spaces for 50 or more units, each vehicular way in the park shall be named and marked with signs that 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.

H. Fire hydrants. The manufactured dwelling park shall have water supply mains designed to serve fire hydrants and shall meet Public Works standards.

I. Recreational area. A minimum of at least 2,500 square feet plus 100 square feet per manufactured dwelling space shall be provided for recreational play area, group or community activities. The hearings body may require that this area be protected from streets and parking areas by a fence at least 30 inches in height. Recreation areas shall be improved with grass, plantings, surfacing or buildings suitable for recreational use. No recreation facility created within a manufactured dwelling park to satisfy the requirements of this section shall be open to the general public.

J. Parking. Two parking spaces shall be provided for each manufactured dwelling space on the site. Additional guest parking spaces shall be provided in every manufactured dwelling park within 200 feet of the spaces served, at a ratio of one guest parking space for each four manufactured dwelling spaces. Parking spaces shall have durable surfaces adequately maintained for all-weather use and shall be properly drained.

K. Access. All manufactured dwelling parks shall have access to a public street. Secondary access to the manufactured dwelling park shall connect to the public street system at least 150 feet from the primary access.

L. Internal streets. Roadways within the manufactured dwelling park shall conform to City of Sisters Public Works pavement standards. The minimum surfaced width of internal manufactured dwelling park streets shall be 20 feet if there is no parking allowed and 30 feet if parking is allowed on both sides.

M. Traffic safety. In instances where a manufactured dwelling park is sited on a parcel larger than 10 acres, access via a collector street may be required, and additional requirements for traffic safety may be imposed. These elements will be addressed during Site Plan Review or Development Review.

N. Improvement standards. The improvement of driveways, walkways, streets, drainage and other utilities shall conform to adopted State standards for such or shall conform to the City’s standards specifications manual, whichever is more restrictive. [Ord. 533 § 3 (Exh. I), 2023].

2.15.1100 Residential Care Homes and Facilities

Residential care homes and facilities as defined shall comply with the following special use standards, consistent with ORS.

A. Licensing. All residential care homes and facilities shall be duly licensed by the State of Oregon.

B. Site Plan Review. Site Plan Review shall be required for new structures or conversion of existing structures to be used for residential care facilities, to ensure compliance with the licensing, parking and other requirements of this Code. Residential care homes are exempt from this requirement. [Ord. 533 § 3 (Exh. I), 2023].

2.15.1200 Residential Uses in Commercial Districts

Except as may be modified by Master Plan, all non stand-alone residential uses in commercial districts (DC and HC) shall comply with the standards listed below, in addition to the development and design standards in the base land use district. The Western Frontier Architectural Design Theme standards are applicable to residential dwellings in mixed-use development and to stand-alone residential uses located in the Downtown Commercial District.

A. Mixed-use development standards. Both vertical mixed use (dwellings above the ground floor), and horizontal mixed use (dwellings on the ground floor) developments are allowed, subject to the following limitations:

1. Limitation on street-level dwellings on mixed use buildings.

a. One-hundred (100) percent of the first floor street frontage shall be commercial.

b. A minimum of 50 percent of the ground floor shall be commercial uses.

c. Ground floor entrances or breezeways are permitted for dwellings located above or behind a non-residential storefront use.

2. Density. There is no minimum or maximum residential density standard.

3. Parking, Garages and Driveways. All off-street vehicle parking, including surface lots and garages, shall be oriented to alleys, placed underground, placed in structures above the ground floor, or located in parking areas behind or to the side of the building; except that side yards facing a street (i.e., corner yards) shall not be used for surface parking. All garage entrances facing a street (e.g., underground or structured parking) shall be recessed behind the front building elevation by a minimum of 4 feet. On corner lots, garage entrances shall be oriented to a side street (i.e., away from the main street) when access cannot be provided from an alley.

4. Common areas. All common areas shall be maintained through a legally enforceable maintenance agreement approved by the Community Development Director.

2.15.1300 Attached Dwelling (Townhome)

Single-family attached dwellings (townhome units on individual lots) shall comply with the standards listed below.

A. Building mass supplemental standard. Within the Residential District (R), the number of consecutively attached townhomes (i.e., with attached walls at the property line) shall not exceed 2 units. In the Residential Multi-Family District (RMF), the number of consecutively attached townhome units shall not exceed 4 units.

B. Alley access. Townhome dwellings shall receive vehicle access from a rear alley where an alley is available or can be extended. Alleys should be created at the time of land division approval.

C. Street access. Where alley access is not feasible or practical because of existing development patterns or topography, townhomes receiving access directly from the street shall comply with the following standards in order to minimize interruption of adjacent sidewalks by driveway entrances, slow traffic, improve appearance of the streets, and minimize paved surfaces for improved stormwater management.

1. When garages access the street, they shall comply with the following standards.

a. Garages shall be recessed behind the front building elevation (enclosed habitable area) by a minimum of 10 feet when the dwelling is built to the minimum front yard setback of the underlying zone district.

b. Garages may be built flush with or recessed behind the front building elevation when the dwelling is setback a minimum of 20 feet.

2. The maximum combined garage width per unit is 50 percent of the total building width.

3. Two adjacent townhomes may share one driveway with a maximum width of 20 feet when individual driveways would otherwise be separated by less than 20 feet. When a driveway serves more than one lot, the developer shall record an access and maintenance easement/agreement to benefit each lot, prior to building permit issuance.

D. Common areas. Where applicable common areas shall be maintained by a homeowners association or other legal entity.

2.15.1400 Adult Business/Adult Entertainment

The purpose of this section is to establish parameters by which an adult business/adult entertainment use may locate within the City of Sisters. An adult business/adult entertainment use is permitted in the Commercial Districts in the City of Sisters, subject to compliance with the following special use standards.

A. Spacing. A use defined as an adult business/adult entertainment use must be at least the minimum distance away from all of the following pre-existing uses (as measured in a straight line):

1. 1,500 feet from a public or private school;

2. 1,500 feet from a church, synagogue or other place of worship;

3. 1,500 feet from a public park, library or recreational facility;

4. 1,500 feet from an Residential District; and

5. 1,500 feet from an established adult business/adult entertainment use.

B. Permit required. A permit shall be required from the Bureau of Licenses for any proposed adult business prior to the establishment of the use or business. It shall be a violation of this Code for any person or persons to engage in, conduct or carry on or to permit to be engaged in or upon any premises within the City of Sisters the operation of any adult business or use unless a permit has first been obtained from the Bureau of Licenses. At no time shall a person or persons be employed by such a use prior to permit issuance by the Bureau of Licenses.

C. Application requirements. An applicant for an adult business or use shall provide the following:

1. Written proof that the applicant is at least 18 years of age.

2. Business occupation or employment information for the 3 years immediately preceding the date of the application.

3. Business license and permit history of the person operating a business identical to or similar to those regulated by this Code section.

4. Whether such person previously operating such business in this or any other city or state under any license or permit, has had such license or permit revoked or suspended. Reasons for any permit suspension or revocation shall be provided, and the business activity or occupation of the person subsequent to such action or suspension or revocation shall be provided.

5. The name, address, telephone number, birth date, and principal occupation of the applicant and managing agent.

6. The name, address, telephone number of the proposed business or use, and a written description of the exact nature of the business to be operated.

7. The names, addresses, telephone number, birth dates of all partners in the business or use. Included shall be the principal occupation of each of the partners, whether general, limited or silent, and the respective share of the business held by each partner. If a corporation, the corporate name, a copy of the Articles of Incorporation, and the names, addresses, birth dates, telephone numbers and principal occupations of every officer, director and shareholder (having more than 5% of the outstanding shares) and the number of shares held by each.

8. Any criminal convictions or arrests relating to theft, controlled substances, gambling, prostitution, obscenity, racketeering, fraud, or tax evasion as defined in Chapter 166 of Oregon Revised Statutes, of each applicant and natural person enumerated in section 1-7 herein.

9. All residence addresses of all persons described in section 1-7 herein within the last 3 years.

10. A personal financial statement of each natural person enumerated in section 1-7 herein, including the location of all bank accounts, the amounts respectively deposited therein, and a complete listing of all outstanding debts and loans.

11. Each applicant and person described within section 1-7 shall appear in person before the Deschutes County Sheriff, or his designee, for fingerprinting and the taking of photographs.

D. Confidentiality. The application form required pursuant to this section, which contains personal and business information, shall remain confidential to the maximum extent permitted by law.

2.15.1500 Service Stations

The following special use standards shall apply to vehicle service stations.

A. Minimum lot size. The minimum lot size for a service station shall be 12,000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot.

B. Required front yard setback. A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required. Landscaping shall be a minimum of three (3) feet in height within the 10-foot setback area. Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback.

C. Service Stations in the Downtown Commercial (DC) zone.

1. Concentration Limits

a. A service station cannot be approved on a property in the DC Zone that is within 1,000 feet of another property zoned DC that contains an existing service station.

b. “Within 1,000 feet” means a straight-line measurement in a radius extending for 1,000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property.

2. Accessory Uses. The following accessory uses for service stations located in the DC zone are prohibited: Drive-through facilities, motorized vehicle repair uses and sales, and outdoor storage.

3. Maximum Setbacks and Parking. Service stations are exempt from maximum setback standards and the requirements of SDC 2.4.300(D)(2).

D. Lighting. Lighting fixtures and associated bulbs/lighting elements installed within a fueling island canopy shall not extend below the canopy ceiling.

E. Other provisions.

1. No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures.

2. Landscape planters shall be used when practical as fuel island bollards to protect gas pumps.

3. Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required.

4. Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2.15.1600, unless specifically exempted. [Ord. 497 § 2 (Exh. B), 2019].

2.15.1600 Drive-Through Facilities

It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city. Many events are held within the City of Sisters that are predominately pedestrian based. It is the City’s intent to support these events, future events, the 1880’s theme, and resident use of the city by promoting pedestrian safety. To that end, the standards for drive-through facilities are intended to:

• Promote safer and more efficient on-site vehicular and pedestrian circulation

• Reduce conflicts between vehicles and pedestrians on adjacent streets.

• Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

• Reduce noise, lighting, vehicular traffic and visual impacts on abutting uses.

A. Vehicular access. All driveway entrances, including stacking lane entrances, must meet vehicular access and circulation standards in Chapter 3.1, the Transportation System Plan, and the Public Works Standards, as applicable.

B. Stacking lane standards. The stacking lane is the space occupied by vehicles queuing for the service to be provided.

1. A minimum of four (4) stacking spaces for one lane, two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space). A stacking lane is measured from the back of the sidewalk to the service area.

2. Stacking lanes must be designed to not interfere with on-site pedestrian, parking and vehicle circulation.

3. Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s).

4. All stacking lanes must be clearly identified, through the use of striping, landscaping, directional signs, or similar means.

5. Drive-through elements (e.g., stacking lanes, queuing lanes, order windows, pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot except that drive-throughs on a corner lot may be oriented toward the street with the lower street classification. This standard is not applicable to service stations.

C. Setbacks and landscaping. All drive-through facilities must provide the setbacks and landscaping stated below.

1. Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts. The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity); and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity); with the balance of the buffer area devoted to ground cover. Additionally, a minimum 6-foot masonry sound wall shall be placed along the property line.

2. Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts. The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet, with the balance of the buffer area devoted to ground cover. A wall or fence may also be required as a condition of Site Plan Review for screening or noise protection.

3. Service areas and stacking lanes must be set back a minimum of 20 feet and buffered from adjacent right-of-ways. Drive-Through Facilities in the Highway Commercial District which abut a state highway shall refer to Table 2.5.2 for buffer setbacks. Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 2.4.1.

4. A minimum 10-foot wide landscape area shall be provided along all street frontages.

D. Compliance with design standards required. Drive-through facilities must comply with all of the development and design standards of the base zone. At a minimum, the following design elements are required:

1. A main entry to the drive-through building, if provided, must be oriented to the public street, with a direct pedestrian connection from the public street sidewalk to the main entry. The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes. This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (e.g., car washes, lube services, etc.).

2. Building massing and roofs shall be designed with multiple features that break down the box, with a primary emphasis on windows, colors, textures, and broken roof lines. Windows shall be provided on all sides of the building that are visible from a public street or sidewalk. Building areas that are not conducive to windows can be fitted with “false windows.” There shall be a minimum of one dormer or roof offset for every 40 feet of ridgeline when a pitched roof style is chosen. This standard is not applicable to service stations. [Ord. 533 § 3 (Exh. I), 2023; Ord. 497 § 2 (Exh. B), 2019].

2.15.1700 Recreational Vehicle (RV) Parks/Campgrounds

A recreational vehicle (RV) park shall conform to state standards in effect at the time of construction and the following special use standards:

A. RV pad surface. The space provided for an RV shall be covered with crushed gravel or paved with asphalt, concrete, or similar material and be designed to provide for the control of runoff or surface water. The part of the space which is not occupied by the recreational vehicle and not intended as an access way to the recreational vehicle or part of an outdoor patio need not be paved or covered with gravel, provided the area is landscaped or otherwise treated to prevent dust or mud.

B. Roadways. Internal RV park roadways shall be not less than 30 feet in width if parking is permitted on the margin of the roadway, or not less than 20 feet in width if parking is not permitted on the edge of the roadway. Roadways shall be paved with asphalt, concrete or similar impervious surface and designed to permit easy access to each recreational vehicle space.

C. Entrance driveways. Entrance driveways to an RV park shall be located no closer than 150 feet from the intersection of public streets.

D. Trash receptacles. Trash receptacles for the disposal of solid waste materials shall be provided in convenient locations for the use of guests of the park, screened with solid, durable and attractive walls/fences, a minimum of six (6) feet in height, with solid doors, and located in such number and of such capacity that there is no uncovered accumulation of trash at any time.

E. Parking. The total number of parking spaces in the park, except for the parking provided for the exclusive use of the manager or employees of the park, shall be equal to one space per recreational vehicle space. Parking spaces shall be covered with crushed gravel or paved with asphalt, concrete or similar material.

F. Restrooms. The park shall provide toilets, lavatories and showers for each sex as required by the State Building Agency Administrative Rules, Chapter 918. Such facilities shall be lighted at all times of night and day, shall be ventilated, and shall be provided with adequate floor drains to permit easy cleaning.

G. Screening. The recreational vehicle park shall be enclosed by a fence, wall, landscape screening, berms, or by other designs approved by the Hearings Body which will complement the landscape and assure compatibility with the adjacent environment.

H. Perimeter strip. The recreational vehicle park shall set aside along the perimeter of the park a minimum ten foot strip which shall be sight obscuring landscaping and used for no other purpose. Additional area for landscaping may be required through the Site Plan Review process.

I. Accessory uses. Management headquarters, recreational facilities, toilets, dumping stations, showers, coin-operated laundry facilities, and other uses and structures customarily incidental to operation of a RV park and campground are permitted as accessory uses to the park. [Ord. 533 § 3 (Exh. I), 2023].

2.15.1800 Communication Facilities

A. Purpose. This chapter is intended to accommodate the provision of wireless and broadcast communication services and provide a uniform and comprehensive set of standards for the development, siting, and installation of wireless and broadcast communication facilities. In accordance with the guidelines and intent of Federal law and the Telecommunications Act of 1996, these regulations are intended to: (1) protect and promote the public health, safety, and welfare of the residents of Bend; (2) preserve neighborhood character and protect aesthetic quality; (3) encourage siting in preferred locations; and (4) minimize adverse visual impacts through careful design, configuration, screening, and innovative stealth and camouflaging techniques.

B. Applicability.

1. This chapter applies to the development, siting, and installation of wireless and broadcast communication facilities, including but not limited to cellular telephone facilities, broadband internet facilities, and radio and TV broadcasting facilities. This chapter in no way prohibits, restricts, or impairs the installation, maintenance, or use of video antennas (including direct-to-home satellite dishes, TV antennas, and wireless cable antennas) used by viewers to receive video programming signals from direct broadcast facilities, broadband radio service providers, and TV broadcast stations.

2. This chapter also applies to an eligible facility request for a modification of an existing tower or base station that does not substantially change the physical dimension of such tower or base station.

C. Applications. Applicants for small wireless facilities must submit an application demonstrating compliance with subsection (E) of this section. Applicants for eligible facilities requests for modification must submit an application in compliance with subsection (F) of this section. All other applications for a wireless or broadcast communication facility must provide the following reports, documents or documentation:

1. Geographic Service Area. The applicant must submit a map showing all the applicant’s existing sites in the City. Prior to the issuance of any building permits, applicants for AM, FM, HDFM, TV, and DTV projects must provide a copy of the corresponding FCC construction permit or license for the facility being built or relocated.

2. Visual Impact and Alternative Site Analysis. The applicant must provide a visual impact analysis showing the maximum silhouette, viewshed analysis, color and finish palette, and proposed screening for all components of the facility. The analysis must include photo simulations and other information as necessary to determine visual impact of the facility as seen from multiple directions. The applicant must include a map showing where the photos were taken. Except for Type I applications, the applicant must include an analysis of alternative sites for the facility within and outside of the City that are capable of meeting the same service objectives as the preferred site with an equivalent or lesser visual impact. If a new tower is proposed, the applicant must demonstrate the need for a new tower and why alternative locations or co-location cannot be used to meet the identified service objectives.

3. Narrative. The application must include a written narrative that describes in detail all of the equipment and components to be included in the facility, e.g., antenna(s) and arrays, equipment cabinet(s), back-up generator(s), air-conditioning unit(s), lighting, fencing, etc. The following information must also be provided:

a. Height. Provide an engineer’s diagram showing the height of the facility and all of its visible components. Carriers must provide evidence that establishes that the proposed facilities are designed to the minimum height required from a technological standpoint for the proposed site to meet the carrier’s coverage objectives. If the tower height will exceed the base height restrictions of the applicable zone, this narrative must include a discussion of the physical constraints (topographical features, etc.) making the additional height necessary. The narrative must include consideration of the possibility for design alternatives, including the use of multiple sites or microcell technology that would avoid the need for the new facility or the requested height.

b. Construction. Describe the anticipated construction techniques and time frame for construction or installation of the facilities. This narrative must include all temporary staging and the type of vehicles and equipment to be used.

c. Maintenance. Describe the anticipated maintenance and monitoring program for the antennas, back-up equipment, and landscaping.

d. Noise/Acoustical Information. Provide manufacturer’s specifications for all noise-generating equipment such as air-conditioning units and back-up generators, and a depiction of the equipment location in relation to adjoining properties.

e. Landscape Plan. Provide a plan showing all proposed landscaping, screening and proposed irrigation with a discussion of how the chosen materials at maturity will screen the site.

f. Parking. Provide a site plan showing the designated parking area for maintenance vehicles and equipment.

g. Co-location. In the case of new multi-user towers or similar support structures, the applicant must submit engineering feasibility data and a letter stating the applicant’s willingness to allow other carriers to co-locate on the proposed facilities wherever technically and economically feasible and aesthetically desirable.

h. Lease. The site plan must show the lease area of the proposed facility.

i. FCC License. Provide a copy of the applicant’s FCC license and/or construction permit, if an FCC license and/or construction permit is required for the proposed facility, including documentation showing that the applicant is in compliance with all FCC RF emissions safety standards.

j. Lighting and Marking. Any proposed lighting and marking of the facility, including any required by the FAA.

4. The applicable notice area radius for a wireless or broadcast communication facility, other than a eligible facilities requests for modification, shall increase by 25 feet for each 5 feet that the wireless and broadcast communication facility exceeds 30 feet in height.

D. General Regulations. All applications for wireless and broadcast communication facilities are subject to the following requirements and regulations:

1. Maximum Number of High Visibility Facilities per Lot or Parcel. No more than one high visibility facility is allowed on any one lot or parcel. The Planning Commission may approve exceeding the maximum number of high visibility facilities per lot or parcel if one of the following findings is made through a Type III review process: (a) adding additional high visibility facilities is consistent with neighborhood character, (b) the provider has shown that denial of an application for additional high visibility facilities would have the effect of prohibiting service because the facility would fill a significant gap in coverage and no alternative locations are available and technologically feasible, or (c) the provider has shown that denial of an application for additional high visibility facilities would unreasonably discriminate among providers of functionally equivalent services. In such cases, the Planning Commission is the review authority for all related applications.

2. Towers Adjacent to Residentially Designated Property. In order to ensure public safety, all wireless and broadcast communication towers located adjacent to any property in the Residential District (R), Multi-Family Residential District (MFR), Sun Ranch Residential District (SRR), or Open Space District (OS) on the City’s Zoning Map must be set back from all residential property lines by a distance at least equal to the height of the facility, including any antennas or other appurtenances. The setback is measured from that part of the tower that is closest to the neighboring residentially designated property.

3. High visibility facilities require a Conditional Use Permit unless located on Property within the Light Industrial District (LI) that does not abut any property in the Residential District (R), Multi-Family Residential District (MFR), Sun Ranch Residential District (SRR), or Open Space District (OS) on the City’s Zoning Map.

4. Historical Buildings and Structures. No facility is allowed on any building or structure, or in any district, that is listed on any Federal, State or local historical register unless the facility will have no adverse effect on the appearance of the building, structure, or district. No change in architecture and no high visibility facilities are permitted on any such building, any such site, or in any such district.

5. Equipment Location. No tower or equipment can be located in a front, rear, or side yard setback in any zone, and no portion of any antenna array can extend beyond the property lines. For guyed towers, all guy anchors must be located at least 50 feet from all abutting properties.

6. Tower Heights. Towers may exceed the height limits otherwise provided for in the Development Code. However, and notwithstanding anything to the contrary, all wireless and broadcast communication facilities that exceed the height limit of the underlying zone require a Conditional Use Permit application (Type II process).

7. Accessory Building Size. All accessory buildings and structures built to contain equipment accessory to a wireless or broadcast communication facility may not exceed 12 feet in height unless a greater height is necessary and required by a condition of approval to maximize architectural integration. The total square footage for accessory building and structure is limited to 200 square feet, unless approved through a Conditional Use Permit.

8. Visual Impact. All wireless or broadcast communication facilities must be designed to minimize the visual impact to the greatest extent practicable by means of placement, screening, landscaping, and camouflage. All wireless or broadcast communication facilities must also be designed to be compatible with existing architectural elements, building materials, and other site characteristics. The applicant must use the least visible support structures and antennas reasonably available to accomplish the coverage objectives. All high visibility facilities must be sited in such a manner as to cause the least detriment to the viewshed of adjoining properties, neighboring properties, and distant properties.

9. Colors and materials for facilities must be nonreflective and chosen to minimize visibility. Wireless or broadcast communication facilities, including support structures, equipment and buildings, must be painted, colored or textured using colors to match or blend with the primary background, unless required by any other applicable law.

10. All camouflaged wireless or broadcast communication facilities must be designed to visually and operationally blend into the surrounding area in a manner consistent with existing development on adjacent properties. The wireless or broadcast communication facility must also be appropriate for the specific site. In other words, it should not “stand out” from its surrounding environment.

11. Facade-mounted antennas must be architecturally integrated into the building design and otherwise made as unobtrusive as possible. If possible, antennas should be located entirely within an existing or newly created architectural feature so as to be completely screened from view. Facade-mounted antennas must not extend more than two feet out from the building face.

12. Roof-mounted antennas must be constructed at the minimum height possible to serve the operator’s service area and be set back as far from the building edge as possible or otherwise screened to minimize visibility from the public right-of-way and adjacent properties.

13. As a condition of approval and prior to final inspection of the facility, the applicant must submit evidence, such as photos, to the satisfaction of the City sufficient to prove that the facility is in substantial conformance with photo simulations provided with the application. Nonconformance requires modification to compliance within 90 days or the structure must be removed.

14. Noise from any equipment supporting the facility must meet the requirements of SMC Chapter 8.16.

15. No signs, striping, graphics, or other attention-getting devices are permitted on any wireless or broadcast communication facility except for warning and safety signage with a surface area of no more than three square feet. Signs must be affixed to a fence or ancillary facility and limited to no more than two signs unless more are required by law.

16. Maintenance vehicles servicing facilities located in the public or private right-of-way cannot park on the traveled way or in a manner that obstructs traffic.

17. No net loss in required parking spaces can occur as a result of the installation of any wireless or broadcast communication facility.

18. Cabinets and other equipment must not impair pedestrian use of sidewalks or other pedestrian paths or bikeways on public or private land and must be screened from view.

19. Wireless or broadcast communication facilities cannot include any beacon lights or strobe lights, unless required by the Federal Aviation Administration (FAA) or other applicable authority. If beacon lights or strobe lights are required, the applicant must use the design with the least visual impact. All other site lighting for security and maintenance purposes must be shielded and directed downward, and must comply with the outdoor lighting standards in SDC 2.15.2400, unless otherwise required under Federal law.

20. Speculation. No application can be accepted or approved for a speculation tower, i.e., from an applicant that simply constructs towers and leases tower space to service providers, but is not a service provider, unless the applicant submits a binding written commitment or executed lease from a service provider to utilize or lease space on the tower.

E. Review Process.

1. Type I Process. The following facilities are allowed with the approval of a Wireless or Broadcast Communication Facility Site Plan pursuant to a Type I process under SDC Chapter 4.1:

a. Stealth and Low Visibility Facilities.

b. Small Wireless Facilities.

i. Small wireless facilities proposed in the public right-of-way or a public utility easement, so long as they meet all of the following:

A. The facilities:

(i) Are mounted on existing or replacement structures 30 feet or less in height including their antennas; or

(ii) Are mounted on existing or replacement structures no more than 10 percent taller than other adjacent structures; or

(iii) Do not extend existing structures on which they are located to a height of more than 35 feet or by more than 10 percent, whichever is greater.

B. Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume in an alley or local street and no more than six cubic feet on an arterial or collector street.

C. All other wireless equipment associated with the facility, including the wireless equipment associated with the antenna and any preexisting associated equipment on the facility, is no more than 28 cubic feet in volume.

D. The small wireless facilities do not result in human exposure to radio frequency radiation in excess of the applicable FCC safety standards.

E. The small wireless facility must comply with applicable public works standards and specifications.

c. Facade-mounted antennas, roof-mounted antennas, or low-powered networked telecommunications facilities, such as those employing microcell antennas, integrated into the architecture of an existing building in such a manner that no change to the architecture is apparent, the antennas comply with the height limits of the underlying zone, and no part of the wireless or broadcast communications facility is visible to public view.

d. Antennas or arrays that are hidden from public view through the use of architectural treatments, e.g., within a cupola, steeple, or parapet that complies with the height limits of the underlying zone.

e. New antennas or arrays that are attached to an existing broadcast communication facility located in any zone; provided, that they do not exceed the following “safe harbor” parameters:

i. The antennas are mounted to the side of the broadcast communication facility and of similar colors and materials as the existing broadcast communication facility.

ii. No more than three antennas can be placed on the top of any one broadcast communication facility without a Type II review provided they do not exceed the height of the broadcast communication facility by five feet or 10%, whichever is less.

f. To minimize adverse visual impacts associated with the proliferation and clustering of towers, co-location of antennas or arrays on existing towers takes precedence over the construction of new towers, provided such co-location is accomplished in a manner consistent with the following:

i. An existing tower may be modified or rebuilt to a taller height to accommodate the co-location of additional antennas or arrays, as long as the modified or rebuilt tower will not exceed the height limit of the applicable zoning district. The height change may only occur one time per tower.

ii. An existing tower that is modified or reconstructed to accommodate the co-location of additional antennas or arrays must be of the same tower type and reconstructed in the exact same location as the existing tower.

2. Type II Process. The following facilities are allowed with the approval of a Wireless or Broadcast Communication Facility Site Plan pursuant to a Type II process under SDC 4.1:

a. High visibility facilities located on any property within the Commercial Highway District (CH), Light Industrial District (LI), or Public Facility and Institutional District (PFI), on the City’s Zoning Map and at least 500 feet from any property within the Residential District (R), Multi-Family Residential District (MFR), Sun Ranch Residential District (SRR), or Open Space District (OS) on the City’s Zoning Map that do not exceed the height limit of the applicable zone.

b. Moderate visibility facilities that do not exceed the height limit of the applicable zone.

c. New antennas or arrays that are attached to an existing broadcast communication facility located in any zone which do not fall within the “safe harbor” parameters of subsection (E)(1)(e) of this section.

d. Small wireless facilities that exceed the thresholds in subsection (E)(1) of this section.

3. Conditional Use Permit Requirements. In addition to meeting all other requirements of this Chapter, applications for wireless or broadcast communication facilities in all other locations and situations including moderate or high visibility facilities that exceed the height limit of the applicable zone also require conditional use approval, which will be processed under a Type III review.

4. Approval Criteria. The City may approve wireless or broadcast communication facility subject to a Type II or III process upon a determination that the following criteria are met:

a. The height of the proposed wireless or broadcast communication facility does not exceed the height limit of the underlying zoning district, or does not increase the height of an existing facility unless approved as a conditional use. If conditional use approval is sought, the applicant must demonstrate that the requested height is the minimum necessary to meet service objectives.

b. The location is the least visible of other possible locations and technological design options that achieve approximately the same signal coverage objectives.

c. The location, size, design, and operating characteristics of the proposed facility will be compatible with adjacent uses, residences, buildings, and structures, with consideration given to:

i. Scale, bulk, coverage and density;

ii. The harmful effect, if any, upon neighboring properties;

iii. The suitability of the site for the type and intensity of the proposed facility; and

iv. Any other relevant impact of the proposed use in the setting where it is proposed.

d. All required public facilities have adequate capacity, as determined by the City, to serve the proposed wireless or broadcast communication facility.

e. The proposed wireless or broadcast communication facility complies with all of the general regulations contained in subsection (D) of this section.

f. Small wireless facilities must comply with applicable public works standards and specifications if located within a right-of-way or public utility easement.

5. Conditions of Approval. The City may impose any other reasonable condition(s) deemed necessary to achieve compliance with the approval standards, including designation of an alternate location, or if compliance with all of the applicable approval criteria cannot be achieved through the imposition of reasonable conditions, the application must be denied.

6. Time Frame for Review. Within the time limits imposed by State or Federal law, less any time period that may be excluded by State or Federal law, the applicable reviewer must approve the application unless the applicable reviewer determines that the application is not covered by this chapter or does not comply with applicable standards.

F. Eligible Facilities Request for a Modification of an Existing Tower or Base Station.

1. Applicability. An applicant may submit an eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimension of such tower or base station that involves:

a. Collocation of new transmission equipment;

b. Removal of transmission equipment; or

c. Replacement of transmission equipment.

For purposes of this subsection, “collocation” means (a) mounting or installing an antenna facility on a preexisting structure, and/or (b) modifying a structure for the purpose of mounting or installing an antenna facility on that structure; provided, that, for purposes of eligible facilities requests, “collocation” means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

2. Type I Process. An eligible facilities request for a modification of an existing tower or base station that does not substantially change the physical dimension of such tower or base station is reviewed pursuant to a Type I process under SDC Chapter 4.1.

3. The applicant must provide documentation or information to verify whether the request is not a substantial change. A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following:

a. For towers other than towers in public rights-of-way, it increases the height of the tower by more than 10 percent or by the height of one additional antenna array with separation from the nearest existing antenna, not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10 percent or more than 10 feet, whichever is greater;

i. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings’ rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act;

b. For towers other than towers in public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

c. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinets associated with the structure;

d. It entails any excavation or deployment outside the current site;

e. It would defeat the concealment elements of the eligible support structure; or

f. It does not comply with the conditions of approval associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in subsections (F)(3)(a) through (d) of this section.

4. Approval Criteria. The City may approve an eligible facilities request for a modification of an existing wireless tower or base station upon a determination that the following criterion is met:

a. The eligible facilities request for a modification of an existing tower or base station does not substantially change the physical dimension of such tower or base station.

5. Conditions of Approval. The City may impose any other reasonable condition(s) deemed necessary to achieve compliance with the approval standards, or if compliance with the applicable approval criteria cannot be achieved through the imposition of reasonable conditions, the application must be denied.

G. Exemptions. The following are exempt structures or activities under this chapter:

1. Whip or other similar antennas no taller than six feet with a maximum diameter of two inches.

2. Antennas (including direct-to-home satellite dishes, TV antennas, and wireless cable antennas) used by viewers to receive video programming signals from direct broadcast facilities, broadband radio service providers, and TV broadcast stations regardless of zone category.

3. Low-powered networked telecommunications facilities such as microcell radio transceivers located on existing utility poles and light standards within a public right-of-way or public utility easement. Low-powered networked telecommunications facilities must comply with this chapter.

4. All military, Federal, State, and local government communication facilities except for towers.

5. Cells on Wheels (COW), which are permitted as temporary uses in nonresidential zones for a period not to exceed 180 days, in residential zones for a period not to exceed 14 days, or during a period of emergency as declared by the City, County, or State.

6. Replacement antennas or equipment, provided the replacement antennas and/or equipment (a) have a function similar to the replaced antenna and/or equipment and do not exceed the overall size of the original antenna and/or equipment or (b) the replacement equipment will be located in an existing cabinet or base station.

H. Maintenance. The following maintenance requirements apply to all wireless and broadcast communication facilities:

1. All landscaping must be maintained at all times and be promptly replaced if not successful.

2. If a flag pole is used for camouflaging a facility, flags must be flown and must be properly maintained at all times.

3. All wireless and broadcast communication sites must be kept clean and free of litter.

4. All wireless and broadcast communication sites must maintain compliance with current RF emission standards of the FCC, the National Electric Safety Code, and all State and local regulations.

5. All equipment cabinets must display a legible operator’s contact number for reporting maintenance problems.

6. All measures to conceal the wireless or broadcast communication facility must be maintained in a condition that achieves the objective of the concealment measures.

I. Inspections.

1. The City or its agents have authority to enter onto the property upon which a wireless or broadcast communication facility is located to inspect the facility for the purpose of determining whether it complies with applicable building codes and all other construction standards provided by the City and Federal and State law.

2. The City reserves the right to conduct such inspections at any time, upon reasonable notice to the wireless or broadcast communication facility/property owner. In the event such inspection results in a determination that violation of applicable construction and maintenance standards set forth by the City has occurred, remedy of the violation may include cost recovery for all costs incurred in confirming and processing the violation.

J. Preexisting Towers. Towers that lawfully existed prior to the adoption of this chapter are allowed to continue their use as they presently exist. This code does not make lawful any towers that are not lawfully approved on the date the ordinance codified in this code is adopted. Routine maintenance is permitted on such lawful preexisting towers.

Lawfully existing towers may be replaced as long as the replacement is located on the same property, no closer to the nearest property line than the existing tower, no taller than the existing tower, has a width no more than 10 percent larger than the existing tower and has identical lighting and painting. The tower being replaced must be removed within 30 days of completion of the replacement tower. Any other changes or modifications to a replacement tower must be treated as new construction, and must comply with the requirements of this chapter.

K. Abandonment. The following requirements apply to the abandonment and/or discontinuation of use for all facilities:

1. All facilities located on a utility pole must be promptly removed at the operator’s expense at any time a utility is scheduled to be placed underground or otherwise moved.

2. All operators who intend to abandon or discontinue the use of any wireless or broadcast communication facility must notify the City of such intentions no less than 60 days prior to the final day of use.

3. Wireless or broadcast communication facilities are considered abandoned 90 days following the final day of use or operation.

4. All abandoned facilities must be physically removed by the facility owner no more than 90 days following the final day of use or of determination that the facility has been abandoned, whichever occurs first.

5. The City reserves the right to remove any facilities that are abandoned for more than 90 days at the expense of the facility owner.

6. Any abandoned site must be restored to its natural or former condition. Grading and landscaping in good condition may remain. [Ord. 528 § 4 (Exh. I), 2023; Ord. 505 § 2 (Exh. C), 2020].

2.15.1900 Temporary Uses

A. Purpose

Approval may be granted for structures or uses which are temporary in nature provided such uses are consistent with the intent of the underlying zoning district and comply with all provisions of this Code.

B. Application and Fee

The applicant shall pay the required fee as established by the City Council. The applicant is responsible for submitting a complete application which addresses all review criteria. Temporary use permits, except reviews for Temporary Sales Office, Model Home or Construction Building and Trailers, and seasonal sales as defined herein, shall be subject to a TYPE II review process.

C. Permit Approval

1. Approval Criteria

A temporary use permit (TUP) may be authorized by the Community Development Director or his/her designee; provided, that the applicant demonstrates that the proposed use:

a. Meets all applicable City and County health and sanitation requirements.

b. Meets all applicable Building Code requirements and zoning setbacks and will obtain permits for any proposed construction, electrical service or plumbing required to serve the temporary use.

c. Is not being located in the public right-of-way or impeding the safety or movement of pedestrians.

d. Is located in such a manner that they will not impede the normal use of driveways or circulation aisles, nor be located in a manner that encourages customers to stop in the street, driveway or circulation aisle to obtain vendor service.

e. Is restricted to the immediate confines of the temporary stand or structure, or area approved as part of the permit.

f. Temporary uses are prohibited from locating and/or operating:

i. In, on, about, and/or within 126 feet of Cascade Avenue (or any portion thereof) between Pine Street and Locust Street.

For purposes of this subsection, “within 126 feet” means a straight-line measurement in a radius extending for 126 feet or less in every direction as measured from any point on the boundaries of the portion of the East U.S. Highway 20/OR-126/Cascade Avenue right-of-way commencing at the centerline of South Locust Street (at the intersection with East U.S. Highway 20/OR-126) and continuing along East U.S. Highway 20/OR-126, East Cascade Avenue, and West Cascade Avenue and ending at the centerline of Pine Street; “within 15 feet” means a straight-line measurement in a radius extending for 15 feet or less in every direction as measured from any point of the stream bank of Whychus Creek in city.

2. Time Limits

Time Limits. Unless otherwise noted, the temporary use shall cease and any approved structure removed upon expiration of the temporary use permit, unless renewed by the Community Development Director or his/her designee. In no case shall a temporary use permit be issued for a period exceeding 180 days in any 365 day period.

3. Additional Conditions

In issuing a temporary use permit, the Community Development Director or his/her designee may impose reasonable conditions as necessary to preserve the basic purpose and intent of the underlying zoning district. These conditions may include, but are not limited to the following: increased yard dimensions; fencing, screening or landscaping to protect adjacent or nearby property; limiting the number, size, location or lighting of signs; restricting certain activities to specific times of day; refuse containers; and providing sanitary lavatory facilities or have a written agreement for use of lavatory facilities by operators and patrons within 200 feet of the vehicle’s location.

4. Revocation

Any departure from approved plans not authorized by the Community Development Director or his/her designee shall be cause for revocation of applicable building and occupancy permits. Furthermore if, in the City’s 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.

D. Signs. All signs shall comply with Chapter 3.4.

E. Seasonal sales. The applicant shall pay the required fee as established by the City Council. The applicant is responsible for submitting a complete application which addresses all review criteria. Seasonal sales shall be subject to a Type I review procedure unless otherwise noted herein. The following standards shall apply to seasonal sales which are limited to:

1. Fireworks Sales

Fireworks sales shall be consistent with the Municipal Code.

2. Christmas Tree Sales

a. The annual season for Christmas tree sales shall commence no sooner than the day after Thanksgiving and shall continue no longer than December 27.

b. A business license shall be required pursuant to the Municipal Code.

3. Pumpkin Patch Sales

A. The annual season for pumpkin sales shall commence no sooner than September 25 and continue no longer than November 5.

B. A business license shall be required pursuant to the Municipal Code.

4. Signs. All signs for seasonal sales shall comply with Chapter 3.4 and shall be removed no later than the day after the holiday.

5. Non-profit fundraiser sales. Temporary non-profit seasonal sales are permitted up to 30 consecutive days per calendar year and are not subject to City review. However, temporary non-profit seasonal sales that operate for more than 30 consecutive days per calendar year shall pay the required fee and shall undergo the Type I review process established in Chapter 4.1. Verification of the non-profit status shall be required prior to waiving the City review.

F. Temporary Sales Office, Model Home or Construction Building and Trailers.

1. Temporary sales office and Model Homes. The use of any real property within the City as a temporary sales office, offices for the purpose of facilitating the sale of real property, or model home in any subdivision or tract of land within the City, but for no other purpose, shall require a Type I review. The City may approve, approve with conditions or deny an application for a temporary sales office or model home, based on the following criteria:

a. The temporary sales office shall be located within the boundaries of the subdivision or tract of land in which the real property is to be sold; and

b. The property to be used for a temporary sales office shall not be permanently improved for that purpose.

c. Use of an off-street enclosed parking space (i.e., garage) as a temporary office shall be terminated upon occupancy of the residence and the garage returned to its original use for vehicle parking.

d. The temporary sales office shall be removed at the end of construction, or once all lots and/or dwelling units are sold, rented, or leased

2. Temporary construction buildings or trailers at a building site are permitted and shall be removed at the end of construction or once all lots and/or dwelling units are sold, rented, or leased. [Ord. 533 § 3 (Exh. I), 2023; Ord. 522 § 3 (Exh. B), 2022].

2.15.2000 Major Retail Development Standards

A. A Major Retail Development shall require a Master Plan.

B. Major Retail Development Standards. The following development standards apply to all Major Retail Development. The goal of these development standards is to affirm the City’s objective that Major Retail Development create or impart a sense of place and/or streetscape at a scale appropriate to the character of Sisters with its small town atmosphere, its exceptional unique architectural characteristics and rural western community heritage, as well as preserving the diversity and vitality of Sisters’ commercial districts and the quality of life of Sisters residents. It is generally noted that the typical or classic “big box” type of commercial building and development pattern does not meet these community development objectives. In addition to the development standards prescribed elsewhere in this Chapter and the Development Code, all Major Retail Development shall comply with the following development standards:

1. All development shall comply with the 1880’s Western Frontier Design Theme.

2. Incorporate changes in building direction (i.e., articulation), and divide large masses into varying heights and sizes. Such changes may include building offsets; projections; changes in elevation or horizontal direction; sheltering roofs; terraces; a distinct pattern of divisions in surface materials; and use of windows, screening trees; 1880s theme wall lighting; and similar features.

3. The design of service areas, including outdoor storage, trash collection, loading, etc., shall be incorporated into the primary building design and shall be of materials of comparable quality and appearance as that of the primary building.

4. When the service areas (loading docks, refuse storage and enclosures, etc.) are adjacent to or across the street from residential neighborhoods, all delivery trucks, garbage trucks, and other large vehicles servicing the commercial development shall access the service areas via internal driveways and not from the residential street.

5. Any equipment, whether on the roof, side of building, or ground, shall be screened. The method of screening should be architecturally integrated with the building design in terms of materials, color, shape and size. Screening shall be applicable to all fire codes and height requirements.

6. Parking and security lights shall not be taller than the buildings within the development, or a maximum of twenty (20) feet above grade, whichever is less and shall comply with the Dark Skies Standards in Special Provisions.

7. All ground mounted and monuments signs permitted by the Sign Ordinance for the applicable zoning district shall be located in a landscaped area that is equal in size or larger than the total sign area for that freestanding sign.

8. Maximum size of interior shall not exceed 50,000 square feet.

C. Major Retail Development – Abandoned Building Surety Bond. As may be required by the City, all Major Retail Development as defined herein, shall obtain, provide evidence to the City, and carry in full force and effect throughout the duration of the life of the building, or time period as may be stipulated by a development agreement, a performance/surety bond providing for demolition of the primary building or buildings as identified by the City. Said performance/surety bond shall be an amount 120 % of an estimate of the funds to cover the cost of complete building demolition and maintenance of the vacant building site if the primary building is ever vacated or abandoned, and remains vacant or abandoned for a period of more than 24 consecutive months following primary business closure. The cost estimate must be submitted to and accepted by the City prior to bonding.

2.15.2100 Portable Carports

The following regulations shall apply to all portable carports:

A building permit may be required prior to the installation of any portable carport to be consistent with Fire and Building Codes, including proper placement and anchoring.

Portable carports shall not be located within twenty (20) feet of the front property line in a Residential Districts, and in no case shall these carports be permitted to encroach beyond the front elevation of the residence.

Portable carports shall meet the minimum setback standards of the underlying land use district except as stated in 2.15.2100.

2.15.2200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters’ western heritage, culture, recreation, natural surroundings, wildlife, history and educational opportunities. These themes can be interpreted by a wide range of artistic styles, ranging from traditional to contemporary. [Ord. 497 § 2 (Exh. B), 2019].

2.15.2300 Vision Clearance

Vision clearance is defined by a triangle created as follows: starting at the intersection of the projections along the edge of the pavement or along curb lines into the intersection of two vehicular ways, measure out from this point along each way for the specified distance to create two legs of a triangle and connect these two legs across the corner of the intersection (as shown in Figure 2.15.2300 A.). The clear vision space is defined by this triangle between 3' and 8' in height from the ground; within this space, the line of sight must remain unobstructed.

The legs of the triangles shall be determined as follows:

1. At the intersection of a street (public or private) and a driveway, alley, lane, or other vehicle way that is not a street, the minimum distance along each vehicular way as defined above shall be 15'.

2. At an intersection of two streets (public or private) having 90 degree angles at the intersection, the minimum distance along each vehicular way as defined above shall be 30 feet.

3. At traffic circles, acute or obtuse angles, and other non-conventional intersections of two streets, the vision clearance area may be determined by the Public Works Director. However, the every attempt shall be made to ensure that the minimum distance measured along each vehicular way as defined above is 30 feet.

Except as exempted below, no signs, structures or vegetation in excess of three feet in height shall be placed in “vision clearance areas,” as shown in Figure 2.15.2300 A. This standard applies to the following types of roadways: streets, alleyways and railways. The minimum vision clearance area may be increased by the City Engineer upon finding that more sight distance is required (i.e., due to traffic speeds, roadway alignment, etc.).

The clear vision area provisions do not apply to the following;

1. Any sign, post, pole or similar structure installed and maintained by a public entity; or,

2. Any private post or pole eight inches or less in diameter (width or length).

Figure 2.15.2300 A – Vision Clearance Area

2.15.2400 Dark Skies Standards

A. Purpose. The purpose of the Dark Skies Standards is to utilize responsible lighting practices to:

1. Protect the valuable resource of dark night skies.

2. Preserve opportunities for viewing stars, planets, and other astronomical features.

3. Promote human health and limit negative impacts from light at night.

4. Provide safely and responsibly lit areas for citizens and visitors.

5. Protect ecological wellness and support wildlife needs for darkness.

6. Reduce energy consumption, emissions, and costs.

7. Increase opportunities for tourism, such as astrotourism.

B. Guiding Principles. The Dark Skies Standards are based on the following guiding principles and are not intended to be mandatory approval criteria:

1. Useful. Light should only be used if needed. All light should have a clear purpose, with consideration about how light will impact neighbors, wildlife, and their habitats.

2. Targeted. Light fixtures should be directed so light falls only where it is needed. Shielding and careful aiming of the light beam to target its direction downward should be employed to prevent spill beyond where lighting is needed.

3. Low Level. Lights should be no brighter than necessary, using the lowest light level possible. Attention should be given to reflective surfaces that will amplify lights and direct light into the sky or neighboring properties.

4. Controlled. Lighting should only occur when it is needed. Controls such as timers or motion detectors should be employed to ensure that light is available when it is needed, dimmed when possible and turned off when not needed.

5. Color. Warmer color lights should be used where possible.

C. Definitions.

1. ANSI: American National Standards Institute.

2. Correlated Color Temperature (CCT): A specification of the color appearance of the light emitted by a lamp, relating its color to the color of light from a reference source when heated to a particular temperature, measured in kelvins (K).

3. Dark Skies Standards: The provisions of this Section SDC 2.15.2400.

4. Downcast: Lighting that is installed such that its light is directed only down toward the ground and in which the fixture shield is parallel with the level ground (see Figure 1).

5. Effective Date: February 10, 2024.

6. Foot-candle: A measurement of light intensity. One foot-candle is defined as enough light to saturate a surface having an area of one square foot with one lumen of light.

7. Fully shielded: A light fixture that allows no direct emission of light above a horizontal plane passing through the lowest light-emitting part of the light fixture (see Figure 1).

Figure 1.

8. Glare: The sensation produced by luminances within the visual field that are sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance or visibility.

9. IES: Illuminating Engineering Society.

10. Illuminance: Describes the amount of light falling onto or illuminating a given surface.

11. Kelvin: A measurement unit (abbreviated “K”) used to describe the correlated color temperature of a light source. This is the specification that gives a description of the “warmth” or “coolness” of a light source.

12. Lamp: The specific component of a light fixture that emits light.

13. Laser Source: Any lamp employing light amplification by stimulated emission of radiation to produce highly monochromatic and coherent light.

14. Light Trespass: A condition in which light emitted directly by a light fixture shines beyond the property lines of the property where the fixture is installed. This means that a person standing on any other property sees the light-emitting source directly. Light trespass does not include indirect reflection or scattering of light from mounting hardware or any other surfaces.

15. Light Fixture: A device that includes the lamp, the ballast or driver, internal wiring, reflectors, lens and any additional components required to deliver light. It does not include the pole or other mounting surface.

16. Low Lumen: Describes a light fixture whose total light output does not exceed 300 lumens.

17. Lumen: The International System of Units (SI) measure of luminous flux equal to the amount of light emitted per second into a unit solid angle of one steradian from a uniform source of one candela.

18. Luminance: The amount of light that passes through, is emitted, or reflected, from a particular area, and that falls within a given solid angle.

19. Net acre: The portion of any property that is developed, consisting of structures and/or hardscape. The net acreage of a property is the gross acreage of that parcel less any acres that are considered undeveloped.

20. Searchlight: A light fixture generating a very intense beam of light consisting of parallel rays that can be oriented in any particular direction often used to draw the attention of the public to a place or event.

21. String Lights: Electric lights on a wire, string, or cable used as decoration or for outdoor lighting.

22. Warm Color: A white light source with a correlated color temperature less than or equal to 3,000 Kelvins.

23. Uplighting: Any lighting that is directed in such a manner as to shine light above the horizontal plane.

D. Applicability. Except as otherwise exempted by the SDC, the Dark Skies Standards are generally applicable to all new lighting installed on or after the Effective Date and therefore apply even if proposed lighting does not require the filing of an application or the issuance of a permit of approval (or even if no development occurs, see, e.g., subsection (E)(4) of this section). The Dark Skies Standards are in addition to applicable provisions of the Building Code and Electrical Code, and other provisions of the SDC including, without limitation, Chapter 3.4 SDC (Signs).

E. Requirements. All non-exempt outdoor lighting fixtures shall meet the following requirements:

1. Downcast. Lighting shall be downcast. Uplighting is prohibited.

2. Fully Shielded. Unless subject to an exception, all light fixtures shall be fully shielded and otherwise designed and installed to prevent light trespass and glare.

3. Maximum Brightness. To prevent over-lighting, lighting shall not exceed the following maximum lamp brightness:

a. Single Family Residential. No individual light fixture may exceed 850 lumens and the entire property may not exceed 4,000 lumens in total or 6,000 lumens in total if the property contains an accessory dwelling.

b. Duplex and Triplex. No individual lighting fixture may exceed 850 lumens and the entire property shall not exceed 6,000 lumens in total for a duplex or 8,000 lumens for a triplex.

c. Multi-Family Residential. No individual light fixture may exceed 850 lumens and the entire property may not exceed 20,000 lumens per net acre.

d. Mixed Use and Non-Residential. No individual light fixture may exceed 1,500 lumens and the entire property may not exceed 25,000 lumens for the initial net acre plus 2,000 lumens for each additional net acre.

e. Publicly Owned Lighting. Public street lighting shall adhere to the standards contained in the current edition of IES Recommended Practice 8 (“Design of Roadway Facility Lighting”).

4. Parking Lot Lighting. Parking lot lighting shall be downcast, fully shielded and meet the maximum brightness in accordance with recommended minimum value of the IES Standard RP-20-1 “Lighting for Parking Facilities” and shall not exceed a threshold of allowable light trespass of 0.1 foot-candle at the property line.

5. Curfew. In all non-residential zones, all exterior lighting shall be extinguished either by 11 P.M.; or within one (1) hour of the close of normal business hours; or at the conclusion of usual operations, whichever occurs later. The use of such lighting may resume one (1) hour before sunrise (or opening of business for the property, whichever is earlier) of the following day. Businesses whose normal operating hours are twenty-four (24) hours per day are exempt from this provision. Security lighting in accordance with the current edition of IES Guide 1 (“Guide for Security Lighting for People, Property and Critical Infrastructure”) is permitted during curfew.

6. Color. The Correlated Color Temperature (CCT) shall not exceed 3,000 Kelvins.

7. Publicly Owned Lighting. Publicly owned lighting (including streetlights located in the public right-of-way) shall be fully shielded, comply with the color limits in subsection (E)(6) of this section and meet the brightness limits in subsection (E)(3)(e) of this section. They are encouraged, but not required, to comply with the light trespass requirement. Notwithstanding the foregoing, all outdoor light fixtures on property (other than public right-of-way) or buildings that are owned and operated by the City of Sisters must be fully shielded unless exempt under subsection (H) of this section and adaptive controls and curfews must be employed.

F. Signage. Notwithstanding anything in Chapter 3.4 SDC to the contrary, lighting of signage must meet the following requirements:

1. Except for businesses whose normal operating hours are twenty-four (24) hours per day, sign illumination must be extinguished completely one (1) hour after sunset (or at close of business for the property, whichever is later), and remain off until one (1) hour before sunrise (or opening of business for the property, whichever is earlier);

2. The illuminated surface area of an individual sign cannot exceed 200 square feet; and

3. Lighting must be downcast and fully shielded.

G. Prohibitions.

1. Laser Source Light. The use of laser source light or any similar high intensity light is prohibited if it projects beyond the property lines of the property on which it is located.

2. Searchlights. The operation of searchlights for purposes other than public safety or emergencies is prohibited.

3. Upward-pointing light fixtures. All light fixtures must be downcast including illumination of signs, landscaping, flags (except the U.S. and state flag, if flown on the same flagpole), and other items.

H. Exemptions. Notwithstanding anything herein to the contrary, the following forms of lighting are exempt from the Dark Skies Standards.

1. Non-conforming lighting subject to subsection (I) of this section.

2. Airport operations lighting and aircraft navigational beacons required by the Federal or State Law are exempt from these provisions. All other airport outdoor lighting must conform with this ordinance.

3. String Lights, subject to the following standards:

a. String lights may be installed in either residential or non-residential zones.

b. String lights shall not be used to solely illuminate or decorate landscaping features.

c. All installations of string lighting shall employ lamps that do not flash or flicker and whose individual output does not exceed fifty (50) lumens.

d. String lights shall consist only of white light sources with a CCT not to exceed three thousand (3,000) Kelvin.

e. String lights are exempt from the downcast and full shielding requirements of subsection (E) of this section; it should be noted, however, the installation and operation of string lights in accordance with these provisions may still result in civil nuisance claims.

f. In non-residential zones, string lights may be installed in outdoor dining and entertainment areas only and shall not be used to delineate or outline the edges of a building or for any other purpose. String lighting must be completely extinguished by the end of normal business hours. Permanent string lighting installations shall be subject to inclusion in the total lumen allowance calculation.

g. In residential zones, string lighting may be used to delineate or outline the edges of patios, porches, decks and similar structures. String lighting must be completely extinguished by 11 P.M.

h. The aforementioned limitations do not apply to holiday lighting.

4. Decorative Lighting.

a. Holiday lighting shall be allowed for no more than the period between November 1 and February 15.

b. Decorative low lumen lights are permitted only in residential districts.

c. Low lumen landscape lighting is permitted, but such lighting shall be shielded in such a way as to prevent glare and light trespass. Light fixtures shall be mounted no more than three (3) feet above grade and used solely for landscape delineation rather than area lighting.

5. Special events that require the use of temporary outdoor light fixtures are exempt if the exemption does not exceed five (5) days for a particular property in any calendar year; however, permanent installations special event venues must conform to the Dark Skies Standards.

6. Lighting for U.S. flags properly displayed (consistent with the U.S. Flag Code).

7. Temporary construction lighting necessary for an allowed use.

8. Lighting under the jurisdiction of the Oregon Department of Transportation.

9. Athletic field lighting meeting the following conditions:

a. Current Illuminating Engineering Society (IES) lighting guidelines are followed according to the appropriate class of play.

b. Field lighting is provided exclusively for illumination of the surface of play and viewing stands and not for any other applications.

c. Illuminance levels must be adjustable based on the task (e.g., active play vs. field maintenance).

d. Off-site impacts of the lighting will be limited to the greatest practical extent possible.

e. Lights must be extinguished by 10:00 pm local time or one hour after the end of play, whichever is later.

f. Timers must be installed to prevent lights being left on accidentally overnight.

I. Non-Conforming Lighting. Outdoor light fixtures lawfully installed and operable prior to the Effective Date are exempt from all such requirements, except as follows:

1. All publicly owned lighting must be brought into conformance within five (5) years after the Effective Date.

2. All privately owned lighting must be brought into conformance within five (5) years after the Effective Date.

3. Notwithstanding anything herein to the contrary, any replacement or modification to nonconforming outdoor lighting must comply with the Dark Skies Standards.

4. Notwithstanding anything herein to the contrary, all non-conforming outdoor lighting must be brought into compliance as a condition of land use approval involving a Conditional Use or a Site Plan Review.

J. Lighting Plan Required. All applications for Site Plan Review and/or building permits must include lighting plans showing location, type, height, color temperature, lumen output and amount of all proposed and existing light fixtures, along with light fixture cut sheets from the manufacturer. The applicant must provide enough information to demonstrate compliance with the Dark Skies Standards. The Community Development Director may request any additional information necessary or appropriate to evaluate compliance with the Dark Skies Standards. [Ord. 536 § 3 (Exh. B), 2024].

2.15.2500 Solar Access Standards

Building Setbacks for the Protection of Solar Access.

A. Purpose. The purpose of this Section is to provide as much solar access as feasible during the winter solar heating hours to existing or potential buildings by requiring all new structures to be constructed as far south on their lots as is necessary and feasible.

B. Standards.

1. All new structure or addition to existing residential structures shall meet the following standards except those mentioned in (C) (2) below:

a. South Wall Protection Standard. The south wall protection standard is established in Figure 2.15.2500.A, and all new structures or additions shall meet this standard if feasible. If it is not feasible due to physical constraints of the lot, including but not limited to rock outcroppings, septic systems, existing legal restrictions, or lot dimensions as determined by the Community Development Director, then the structure or addition must be located as far to the south on the lot as feasible and must meet the standards set forth in (b) below.

b. South Roof Protection Standard. All new structures or additions to existing structures shall meet the standard for south roof protection set forth in Figure 2.15.2500.B.

c. Exceptions. The south roof protection standard shall not apply only if the applicant establishes:

1. that the structure cannot be located on the lot without violating the requirements contained in Figure 2.15.2500.B; and

2. that the structure is built with its highest point as far to the south as feasible; and

3. that the structure is a single family residence with its highest point less than or equal to 16 feet in heights; or, if not a single family residence;

4. that it is a permitted use for the lot.

d. Exemptions:

1. Property which is zoned commercial or industrial shall be exempt from meeting the solar setback. That portion of residential property abutting commercial or industrial property shall be exempt from meeting the solar setback requirements.

2. All new residential lots, when approved through the subdivision, Master Plan or partition process, shall be exempt except when along the northern property line of the fully phased master plan.

3. The governing body may exempt from the provisions of this Section any area in which it determines that solar uses are not feasible because the area is already substantially shaded due to heavy vegetation, steep north facing slopes, and any area or zone in which taller buildings are planned.

4. The Community Development Director shall exempt a structure from the provisions of this Section if the structure will shade only a protected area in which solar uses are not feasible because the protected area is already substantially shaded at the time a request for exemption is made and approved by the Community Development Director. Notice of the proposed exemption shall be sent to the affected property owner(s). Any exemption may be appealed by the affected property owner(s) in accordance with Chapter 4.1

Figure A

Figure B

2.15.2600 Western Frontier Architectural Design Theme

A. Purpose. The purpose of the 1880’s Western Frontier architectural design theme is to improve the City’s image and visual appearance. It has also been developed with the desire to establish City identity and interest and to attract visitors and tourists in support of a significant community economy.

B. Applicability. The Western Frontier Architectural Design Theme applies to all new, reconstructed or remodeled uses in all Commercial Districts, except for the Sun Ranch Tourist Commercial District (see 2.12.110). Each proposed development is required to complete land use review process subject to the following standards. All designs must comply with all applicable Building and Fire Codes.

1. Architectural Compatibility. Architectural styles may vary from building to building, or from block to block. This variety helps to generate architectural interest in the commercial districts. At the same time it is important to recognize that the existing architectural styles are an influence to new designs.

Applications for development subject to the Western Design Theme shall indicate how the proposed building will relate to existing architecture on the block or within the area if no buildings are present on the block.

Rhythm of spacing of buildings on streets. Moving past a series of buildings generates a rhythm of recurrent building masses. An irregular and disjointed spacing can detract from the streetscape. Spacing within a block or a building group shall be organized to create a vertically harmonious transition of building facades; this may be achieved by ‘stepping up’ the heights of the horizontal center portions of taller buildings that abut shorter / single storied buildings.

Proportion of buildings’ front facades. The relationship between the width to height of the front elevation of a building must be in proportion to those of the immediately adjacent neighboring buildings where feasible.

2. Architectural Design Themes. The 1880’s were a lively and diverse architectural period. The Comprehensive Plan lists 4 buildings that are on the Inventory of Historic Sites. These buildings include:

▪ Leithauser Store, Commercial, 120 E. Cascade (“The Sisters Bakery”)

▪ Aitken Drugstore, Commercial, 158 W. Cascade (“The Palace”)

▪ Hotel Sisters, Commercial, 105 W. Cascade (“Bronco Billy’s Ranch Grill & Saloon”)

▪ Hardy Allen House, Commercial, 310 E. Main (“Nettie’s”)

In addition to the four buildings listed on the Inventory of Historic Sites, there are other examples of architectural themes for structures that are consistent with the 1880’s Western Design Theme. At the discretion of the City, architectural themes of buildings seen in photos constructed east of the Cascades within the Pacific Northwest may be mimicked.

The following photos depict historic themes that are acceptable within the City of Sisters.

Hotel Sisters / Bronco Billy’s – 105 W. Cascade Avenue

The Sisters Hotel (Bronco Billy’s) is characterized by horizontal lap siding, flat roof, wood-clad windows that are approximately twice as tall as they are wide; an awning over the storefront windows, and white trim. Note the false second floor balcony used to enhance the separation between floors.

Aitken Drug Store/The Palace building – 158 W. Cascade Avenue

The Aitken Drug Store (Palace) is an historic building whose appearance is characterized by horizontal lap siding and upper-floor windows that are roughly twice as tall as they are wide. This building has a false front facade with corbels on the top / front of the false facade, a pitched roof, and covered pedestrian walkway.

South Valley Bank building – 610 N. Arrowleaf Trail

This style is represented by round arches over narrow windows and/or entryways; thick, cavernous entryways and window openings; thick masonry walls. This style may incorporate facades that are asymmetrical, variable stone and brick facades, and may incorporate wrought-iron trim and details.

First American Title building – 392 E. Main Avenue

Popular features of this style of building included lower floor masonry arches over windows and doors and masonry belt courses. The upper floor windows are tall and narrow, and all windows and doors use wood cladding and trim. This building also used false facades on the sides of the building. This style was quite popular for courthouses and university campuses in the late nineteenth and early twentieth century.

Antique Mall Building – 261 W. Cascade Avenue

This architectural style is characterized by the use of board and batten siding; wood-clad windows, false facade, and muted earth-tone colors. Covered pedestrian overhangs are commonly found with this architectural style.

Sisters Coffee Company – 273 W. Hood Street

The Sisters Coffee Company building is characterized by treated natural board and batten wood siding, a covered pedestrian walkway with wood supports, wood-clad windows, and a false facade. The height of the building generally matches the width to give a sense of balance to the building.

Three Creek Professional Building – 220 SW Ash Street

Log structures are found throughout Sisters and replicate a style of construction found east of the Cascades in the 1880’s. It represents a simple log structure style, incorporating horizontal log usage on the lower floor, vertical logs on the upper floor, a moderate to steeply-pitched roof, a small covered pedestrian area, wood-clad windows, and an exterior stairway leading to the upper floor.

3. Guidelines for building designs. The following construction materials are recommended for use in the 1880’s Western Design Theme construction. Durable synthetic or manufactured building materials that simulate wood, stone or masonry are permitted. Certain siding is prohibited as stated below.

a. Roofs. Coverings shall be non-reflective metal, tile, asphalt, and other appropriate materials. All roofing shall meet all applicable Fire and Building Codes.

b. Exterior Finishes. Typical materials are varieties of actual or simulated horizontal wood siding, vertical board and batten (rough sawn or surfaced four sides) and cedar shingles, with the latter particularly applicable to ornamental patterns on residential structures. Brick or stone masonry provides additional choices of material. Any T-111 (grooved) plywood siding is prohibited. Smooth plywood shall not be used as an exterior finish material. Logs or rough-sawn plywood may be used as exterior finish material. Board and batten applications with battens shall have no less than nominal 1 x 2 dimension, placed on centers not exceeding 12 inches when plywood is used, and all vertical plywood joints and seams shall be covered by battens, and no plywood edges shall be left exposed.

During the period, there was a lack of high gloss finishes, therefore color applications were generally flat in nature. To duplicate this character, flat or low gloss products currently on the market should be utilized. Where the exterior is not painted the exterior is to be oiled and/or stained to protect the surface materials. This is practical with the use of cedar or redwood which both contain natural oils that protect the wood. As a practical matter for extended protection of any board and batten surface, the use of sealer or oil base of solid color stain is warranted. The same is true of vertical surfaces finished with cedar shingles.

Horizontal wood drop siding was normally finished with paint, however, in many instances no finish was applied. Here a sealer or stain would be appropriate in lieu of a painted surface.

c. Windows. Wood sash windows are typical, to include double hung, casement, horizontal sliding and fixed sash. Simulated wood is acceptable in commercial construction provided that it replicates the appearance of wood. This is particularly true for large expanses of glass which are permitted in commercial storefronts and will undoubtedly require special foundation.

d. Doors. Combination glass and wood panel doors are typical and are available in certain standard types, in single and divided glass lights. Synthetic or simulated wood is acceptable as it provides durability, but must have the appearance of authentic 1880’s western design.

e. Colors. Rough sawn or milled boards and batten, particularly cedar and redwood, may be may be left unfinished and which may ultimately weather to silver gray in color.

Applied surface colors were predominately flat white for most buildings. Large area surface colors other than white were primarily flat earthy ochres, yellows, browns and reds. Trim was found at the cornices, vertical corner trim of a building, windows and doors, porch and balustrade.

Color samples are available at the Sisters City Hall.

C. Benches.

Benches should be provided in both buildable and private pedestrian areas and walkways.

D. Trash Enclosures.

Trash enclosures shall be carefully located and treated to integrate with the appearance of the site/building design. Trash enclosures shall incorporate construction materials which are consistent with the western frontier theme and the style of the adjacent buildings. All trash enclosures shall meet all applicable Fire and Building codes for placement and materials used. Placement of the enclosures shall be combined with neighboring properties where reasonably possible.

E. Lighting.

Lighting shall be low intensity, shaded or shielded and subject to review and shall be compatible with the western frontier theme. Exterior lighting shall comply with Section 2.15.2400, Dark Skies Standards.

F. Building Entrances.

Entrances to the building shall be receded from the sidewalk to provide for an entryway not in conflict with the pedestrian circulation on the sidewalk.

G. Roof, mechanical equipment and satellite dishes.

Such equipment shall be screened in a method consistent and integral with the overall architectural appearance of the structure.

H. Architectural details.

Attention to detail is of significant importance. Lighting fixtures, gates, exterior window treatments, use of material and color must be considered relative to the western frontier period for authenticity and detail.

I. Awnings, canopies, porches.

Awnings, porches, canopies or other additions to a structure shall be reviewed and approved by the city, and shall be compatible with the western frontier theme. Such additions on corner buildings shall be continuous around the corner.

J. Fences and Gates.

Fences and gates shall be constructed of wood and may contain ornamental iron details. Fence designs shall be consistent with the overall architectural style of the development, and shall meet all applicable clear vision, Fire and Building Code requirements. [Ord. 533 § 3 (Exh. I), 2023].

2.15.2700 Short-Term Rentals

A. Purpose; Applicability. The purpose of this section is to protect the character of the City’s residential neighborhoods by limiting and regulating short-term rental of dwelling units. The provisions contained in this Section 2.15.2700 apply to all lawfully established short-term rentals within the City. No person shall establish, maintain, advertise, offer, rent, occupy, use, operate or manage, nor offer or negotiate to use, lease, or rent, a dwelling unit for short-term rental occupancy without first applying for and obtaining a short-term rental permit in accordance with this Section 2.15.2700 or satisfying the legal non-conforming use requirements under subsection (J) of this section. A separate land use approval is required for each dwelling unit proposed for use as a short-term rental.

B. Application Submittal Requirements. The following information shall be submitted to the City along with a form approved by the City in order to apply for a short-term rental permit.

1. The name(s), address(es), email address(es), and telephone number(s) of the owner(s) of the short-term rental for which the permit is to be issued, and the same for the authorized representative if different than the owner(s). An application may be submitted by an owner with the buyer as the applicant and upon written request, the approval will be granted to the buyer.

2. Acknowledgment by signature that the owner and authorized representative have read all the regulations relating to the operation of a short-term rental under SMC Chapter 5.50, Short-Term Rental Operating License.

3. Verification that the applicant has registered as a hotel operator under SMC Chapter 3.15.

4 Certification of the accuracy of the information submitted and agreement to comply with the conditions of the permit.

5. Consent to City’s inspection of the subject property and dwelling unit to ensure compliance with this section.

C. Review Type. Applications for short-term rentals are subject to the following review processes:

1. Short-term rentals within Commercial Zoning Districts (DC and HC) shall be:

a. Processed as a Type I application; and

b. Exempt from the concentration limits in subsection (E) of this section.

2. Short-term rentals within Residential Zoning Districts (R, MFR, SRR), the Urban Area Reserve Districts (UAR), and the North Sisters Business Park (NSBP) shall be:

a. Processed as a Type I application; and

b. Subject to the concentration limits in subsection (E) of this section.

3. Short-term rentals in existence prior to February 1, 2013 are reviewed in accordance with subsection (J)(2) below.

D. Prohibited Uses. No recreational vehicle, travel trailer or other temporary shelter shall be inhabited as or used in conjunction with a short-term rental.

E. Concentration Limits.

1. A short-term rental cannot be approved on a property within 250 feet of another property zoned R, MFR, SRR, UAR, and NSBP that has a valid short-term rental approval or is a legal non-conforming use approved under subsection (J) of this section.

2. Where a property in the R, MFR, SRR, UAR, or NSBP has multiple dwelling units (i.e. ADUs, duplexes, apartments, etc.), only one dwelling unit on the property may be used as a short-term rental.

3. Notwithstanding anything herein to the contrary, dwelling units within a condominium are not subject to any concentration limits and are not considered when applying subsection (E)(1), whether as a property with an existing short-term rental or as a property proposed for a short-term rental.

4. “Within 250 feet” means a straight-line measurement in a radius extending for 250 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property as determined by the Community Development Director.

F. Limits on Permit Transfer. Notwithstanding anything contained in the Development Code to the contrary, any short-term rental application submitted after December 28, 2018 is specific to the owner of the property or owner-authorized buyer. This means that the short-term rental approval shall not run with the land, but shall terminate and be void, with no further proceedings, upon transfer of the real property subject to the short-term rental approval. For purposes of this section, “transfer” means any change of ownership of a property lawfully allowed to operate as a short-term rental, whether or not there is consideration; provided, however, “transfer” does not include the following: (a) upon the death of the owner, a change in ownership where title is held in survivorship with a spouse or domestic partner; (b) upon the death of the owner, a transfer to a trust which benefits only the decedent’s spouse, child(ren), or registered domestic partner for the lifetime of the spouse, child(ren), or registered domestic partner; (c) the transfer of ownership of the real property to or between the members of a limited liability company or partnership when the transfer involves the same owner(s); and/or (d) the transfer to a trustee, a corporation, a partnership, a limited partnership, a limited liability partnership, or other similar entity, if at least one owner is living at the time of transfer and retains at least a twenty-five percent (25%) interest in the entity.

G. Short-Term Rental Operating License; Timing.

1. License Required. In addition to obtaining applicable land use approvals for a short-term rental under this section, persons operating short-term rentals must obtain, and maintain at all times, a short-term rental operating license under SMC Chapter 5.50. All short-term rentals, regardless of the date the use was initiated, are subject to SMC Chapter 5.50.

2. Timing. Subject to the provisions of this section, an owner and/or authorized agent must apply for a short-term rental operating license in accordance with SMC 5.50.040(3).

H. Abandonment of Use.

1. Notwithstanding SDC Chapter 5.2, Non-Conforming Uses and Structures, and except as provided in a temporary hardship exemption issued pursuant to subsection (H)(3) of this section, authorization to operate a short-term rental will be deemed void with no further proceedings or action required by the City (a) if short-term rental use ceases for any period of 365 consecutive days, and/or (b) the operating license is otherwise revoked.

a. For short-term rentals lawfully established prior to December 31, 2018, the period of use shall initially be measured from the 365 days prior to the due date for obtaining the initial operating license. Thereafter, the period of use for such short-term rental shall be measured as any 365-day period.

2. The following will be considered prima facie evidence of abandonment of use: (a) failure to pay Transient Room Tax in accordance with SMC Chapter 3.15 within any 365-day period; and/or failure to obtain and/or maintain an operating license in accordance with SMC Chapter 5.50.

3. Temporary Hardship Exemption.

a. A temporary hardship exemption from this section may be granted by the Community Development Director, in the Community Development Director’s sole discretion. To apply for a hardship, the applicant must complete the form prescribed by City and submit proof, acceptable to City, that:

i. A medical condition of the owner, spouse, domestic partner or immediate family member that jeopardizes the ability of the owner to operate the short-term rental;

ii. The death of a spouse, domestic partner or immediate family member that jeopardizes the ability of the owner to operate the short-term rental; or

iii. The structural integrity of the short-term rental renders it uninhabitable for tenants and the owner is taking reasonable measures to repair or replace the short-term rental.

iv. The operator cannot reasonably operate the short-term rental due to disease, war, riot, epidemic, act of God, and/or other natural disaster, including, without limitation, wildfire.

b. The Community Development Director shall establish the duration of the temporary hardship exemption, but such duration shall not exceed 180 days. A one-time extension of the temporary hardship exemption, not to exceed 180 days, may be approved upon request if one of the conditions of subsection (H)(3)(a) of this section continues to apply.

I. Expiration of Approval and Initiation of Use. If the owner does not initiate the use by renting the short-term rental at least one night within 180 days of the date of the short-term rental approval, the short-term rental approval shall be void with no further proceedings.

J. Prior Existing Use.

1. Existing Type I Permits. Any short-term rental approved and legally permitted under the former 2013 SDC 2.15.2700 may continue as a legal non-conforming use provided:

a. That the use is not abandoned under subsection (H) of this section; and

b. That the owner obtains and maintains the operating license in accordance with SMC Chapter 5.50.

c. The owner has the burden of establishing a valid prior approval and continuous operation when applying for an operating license or operating license renewal.

2. Legal Non-Conforming Uses. Any short-term rental that was lawfully established prior to February 1, 2013, when the initial short-term rental regulations were adopted, and has been lawfully and continually operating since that time, may continue as a legal non-conforming use provided:

a. The non-conforming use is verified through a declaratory ruling in accordance with SDC Chapter 4.9.

b. That the use is not abandoned under subsection (H) of this section; and

c. The owner obtains and maintains an operating license in accordance with SMC Chapter 5.50.

K. Inspection.

1. Commencing on December 31, 2018, prior to issuance of an operating license, the Community Development Director may require any dwelling unit authorized as a short-term rental to be inspected to verify that the dwelling unit is in compliance with all applicable Building Codes.

2. The Community Development Director may visit and inspect the site of a short-term rental, and reinspect on a schedule prescribed by the Community Development Director, to ensure compliance with all applicable regulations. Such inspections shall occur during normal business hours, with reasonable notice, and pursuant to such other procedural requirements adopted by the Community Development Director. Code violations shall be processed in accordance with SDC Chapter 1.4, Enforcement.

L. Revocation.

1. If three or more code violations related to the use of the short-term rental, verified by the Community Development Director, have occurred on the property containing the short-term rental within a period of 365 consecutive days, the City may revoke any authorization to operate a short-term rental.

2. Complaints to the City regarding code violations related to the use of the short-term rental shall be filed in accordance with SDC Chapter 1.4.400, Complaints Regarding Violations, and/or SMC Chapter 5.50.

Violations shall be processed in accordance with SDC Chapter 1.4 and SMC Chapter 8.15, Nuisances. [Ord. 533 § 3 (Exh. I), 2023; Ord. 509 § 3 (Exh. B), 2020; Ord. 489 § 2 (Exh. B), 2018].