Planning Commission Meeting

Page 1 CITY OF CARLTON PLANNING COMMISSION AGENDA MONDAY, FEBRUARY 10, 2025, 2025, 6:00 P.M. VIA ZOOM AND 191 EAST MAIN STREET The Mission of the City of Carlton is to sustain and enhance the viability of the community by providing essential services with professionalism and integrity. 1. Call to Order – Roll Call Pages A) Changes to the Agenda 2. Minutes Approval - November 18, 2024 2 3. Citizen Comments (Topics not on Agenda) 4. Discussion topics A. Potential amendments to Chapter 17.96, Accessory Structures; 5 Carlton Development Code (CDC) 5. Adjournment Zoom Access Details To attend or participate in the meeting virtually, you can log in with a computer using the link below, or the phone option below. Public comment is available at specific times during the meeting. Thank you. https://us02web.zoom.us/j/82925102155?pwd=MoxrPTpjuf5hyvQAlMXXEgGZu4bqb3.1 Or you can call 1-253-215-8782, and enter the Meeting ID: 829 2510 2155 and Passcode: 516829 This facility is ADA accessible. If you need special accommodations, please contact City Recorder Aimee Amerson at 503.852.7575 or aamerson@ci.carlton.or.us at least 48 hours prior to this meeting.  Page 2 Planning Commission Regular Session Minutes Monday, November 18, 6:00 PM Via Zoom and at 191 East Main Street 1. CALL MEETING TO ORDER & ROLL CALL 6:02 PM Members Present: Jose Chavez Ashley Rhoads Jennifer Nordstrom Anthony Stuart Brian Rake Annette Fernandez-Madrid Members Absent: Noelle Amaya (excused) Staff Present: Scott Whyte, City Planner City Attorney Tyler Yeoman-Millette Aimee Amerson, City Recorder Shannon Beaucaire, City Manager Julie Brandao, Admin Team Lead Others: Raymond Junker Vicki Junker Alice Patridge 2. Oath of Office 6:04 PM Commission Chair Anthony Stuart advised this is an addition to the agenda. Newly appointed Commissioners Brian Rake and Ashley Rhodes read their oaths of office. 3. MINUTES APPROVAL- June 10, 2024 and August 18, 2024 6:04 PM Commissioner Nordstrom requested an edit to the June 10th minutes to reflect corrected motion party. MOTION: Madrid/Nordstrom: to approve the Planning Commission minutes from June 10 and August 18 with the mentioned correction. Motion carried. (4 Yes [Stuart, Madrid, Chavez, Nordstrom, Rake, Rhodes] / 0 No /1 Absent [Amaya] / 0 Abstain). 4. CITIZEN COMMENTS 6:06 PM Items not on Agenda: None Items on agenda: Vicki Junker at 860 E Garfield Street asked if Carlton has its own flood plan. - Chair Stuart advised we will get more information about her question during the meeting. 5. ACTION / DISCUSSION ITEMS A) Elect a Vice Chair 6:07 PM Commissioner Madrid stated her intent to serve as Vice Chair. MOTION: Rake/Nordstrom: to appoint Commissioner Madrid as the Planning Commission Vice Chair. Motion carried. (4 Yes [Stuart, Madrid, Chavez, Nordstrom, Rake, Rhodes]/0 No/1 Absent [Amaya]/0 Abstain). B) 2025 Meeting calendar – information only 6:10 PM Commissioners reviewed the meeting schedule for 2025. C) LA 2024-03; Chapter 17.56 Flood Plain Management code update 6:11 PM Commission Chair Stuart opened the Public Hearing at 6:12 PM, read the legislative public hearing and disclosure statement, and asked the Commissioners if they had any bias, abstentions, or ex-parte contact. City of Carlton – Planning Commission Regular Session Minutes – November 18, 2024 Page 1  Page 3 City Planner Scott Whyte presented the proposed updates to the Carlton Development Floodplain Management Code. Commissioners asked Whyte why city staff is recommending updating the code rather than addressing future applications one by one. Whyte advised that they are trying to look to the future and provide consistency for future applications and guideline maintenance. Public Testimony was opened by Chair Stuart at 6:55 PM Raymond Junker at 860 E Garfield asked if FEMA updates their standards, does the local city code also update? Why is the city duplicating existing law? Junker also expressed that local citizens feel confusion on what can be done on their property with these updates and restrictions. - Commissioners and Whyte advised this is to come into compliance and avoid litigation but agreed it can be frustrating for citizens. Alice Patridge at 687 N Coolidge Street asked if the city is updating the code to be the same or different than FEMA requirements as well as potential increases in insurance. - Commissioners and Whyte advised that the commission is working on getting the former version of code to be in compliance with current FEMA requirements but cannot speak to the subject of insurance increases. Public Testimony was closed by Chair Stuart at 7:18 PM Stuart closed the public hearing at 7:20 PM. MOTION: Madrid/Nordstrom: move to support a recommendation of approval for LA-20243 to the city council as show in exhibit one subject to the changes discussed that is the removal of the text specifying a threshold “greater than 50 lots or 5 acres” qualification so that any land or property within the floodplain would be subject without a size or lot limitation. Motion carried. (4 Yes [Stuart, Madrid, Chavez, Nordstrom, Rake, Rhodes] / 0 No/ 1 Absent [Amaya] / 0 Abstain). 6. Commissioner Comments 7:24 PM City Recorder Aimee Amerson reminded Commissioners of the December 12th Government Ethics training, required once per term requirement for Commissioners and Councilors. 7. Adjournment 7:26 PM The meeting adjourned at 7:26 PM. ATTEST: _____________________________________________ ________________________________________________ Julie Brandão, Administrative Team Lead Anthony Stuart, Planning Commissioner Chair City of Carlton – Planning Commission Regular Session Minutes – November 18, 2024 Page 2 Page 4  Page 5 To: Members of the Carlton Planning Commission From: Scott Whyte, Contract City Planner, MWVCOG Subject: Work Session for potential amendments to Chapter 17.96, Accessory Structures, Carlton Development Code (CDC) Date: February 3, 2025, for the February 10, 2025, Commission meeting Key / Summary Issue Existing code provisions in CDC Chapter 17.96 are burdensome and unclear. Two separate but similar definitions (Accessory Structures and Portable Accessory Structures) add complexity and hinder the ability to provide efficient and effective customer service. Staff receives frequent questions about accessory structures, from residents, business owners and others. Exhibits for Work Session discussion Attached are six exhibits. Exhibit 5 includes initial staff-recommended text changes based on observations explained in Exhibits 2, 3 and 4. These exhibits are summarized as follows: Exhibit 1 – Existing code in CDC 17.12 & 17.96 without staff observations / comments. Exhibit 2 – Existing code in CDC 17.96 with staff observations / comments. Exhibit 3 - Illustration of key issues specific to provisions in E and F of CDC 17.96.020. Exhibit 4 - Existing code illustrations specific to the code definition of Building Height. Exhibit 5 - Staff proposed changes to CDC 17.96 (initial thoughts). Exhibit 6 - Extraction from Building Code Division guide - When Building Permit is Required. Procedure Public hearings (two required for legislative amendments) have not been scheduled to date. According to CDC Section 17.212, the Planning Commission is to make a recommendation to the City Council on proposed code amendments through the public hearing process. Prior to the scheduling hearings (TBD) work sessions offer an opportunity to understand the problem and consider early potential solutions. Work sessions also offer the opportunity to freely ask questions of staff (i.e., unconstrained to procedural steps as described in ORS for hearings). Staff will address procedures / next steps in further detail on February 10. Exhibit 5 also includes options for the Commission to consider (i.e., other than the proposed amendment as shown). Commission feedback is welcomed and appreciated.  Page 6 Relevant code (existing without staff observations) Chap 17.96 - Accessory Structures Exhibit 1 Division I. GENERAL PROVISIONS ***** Existing Relevant Definitions: The following definitions (Chapter 17.12) are relevant in review of regulatory provisions in Chapter 17.96 (Accessory Structures). Existing definitions are not necessarily proposed change but should be taken into consideration when amending code. Certain code definitions were recently amended and introduced as part of the Code update in 2024 (via Ord. 2024-751). “*****” (where shown) indicates a skip (i.e., other existing code definitions in Chapter 17.12 are not shown as they are unrelated to the topic). Chapter 17.12 DEFINITIONS ***** 17.12.020 Definitions. The following words and phrases, when used in this title, shall have the meanings set forth in this section, except in those instances where the context clearly indicates a different meaning. ***** "Accessory structure" means a detached, subordinate building or portion of a main structure, the use of which is incidental to that of the main structure or to the use of the land. ***** "Building" means a structure having a roof and built for the support, shelter, or enclosure of persons, animals, or property of any kind. "Building height" means the vertical distance from a reference datum measured to the highest point of the coping of a flat roof or the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following; whichever yields a greater height of building: 1. The elevation of the highest adjoining sidewalk or ground surface within five-foot horizontal distance of exterior wall of building when such sidewalk or ground surface is not more than ten (10) feet above lowest grade. 2. An elevation ten (10) feet higher than the lowest grade when the sidewalk or ground surface described in subsection (1) of this section is more than ten (10) feet above lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building. [Note: See Exhibit 3 for “Building Height” graphics included with definition but not shown here.] ***** Building, Primary. "Primary building" means a building in which is conducted a principal or main use of the building site on which it is situated. Exhibit 1 – PC work session of 2-10-2025 - Chapter 17.96 of the Carlton Development Code – Accessory Structures Page 1 of 5  Page 7 Relevant code (existing without staff observations) Chap 17.96 - Accessory Structures Exhibit 1 "Building site" means a parcel, lot, or plot of land occupied or to be occupied by a principal use and accessory uses and/or building or group of buildings, which parcel, lot, or plot of land complies with all the requirements of this title relating to building sites. ***** "Carport" means a stationary structure consisting of a roof with its supports and not more than one wall or storage cabinet substituting for a wall and used for covering a vehicle parking space. ***** "Dwelling" means a structure or portion thereof that is used for human habitation including permanent provisions for living, sleeping, eating, cooking and sanitation. “Dwelling, Accessory” means an interior, attached, or detached residential structure that is used in connection with, or that is accessory to, a single-family dwelling and is located on the same lot. ***** "Dwelling unit" means a single unit of one or more habitable rooms providing complete independent facilities for occupants, including permanent provisions for living, sleeping, eating, cooking and sanitation. ***** "Floor area" means the gross horizontal area under a roof of all floors of a building, measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, but not including: 1. Attic space providing headroom of less than seven (7) feet; 2. Basement, if the floor above is less than six (6) feet above grade; 3. Uncovered steps or fire escapes; 4. Private garages, carports, or porches; 5. Accessory water towers or cooling towers; 6. Off-street parking or loading spaces. ***** Garage, Private. "Private garage" means an accessory building or portion of a main building used for the parking or temporary storage of automobiles in which no business, occupation, or service is provided. ***** "Grade" means the average elevation of the finished ground at the centers of all walls of a building, except that if a wall is parallel to and within five (5) feet of a sidewalk, the sidewalk elevation opposite the center of the wall shall constitute the ground elevation. ***** Exhibit 1 – PC work session of 2-10-2025 - Chapter 17.96 of the Carlton Development Code – Accessory Structures Page 2 of 5  Page 8 Relevant code (existing without staff observations) Chap 17.96 - Accessory Structures Exhibit 1 "Lot coverage" means the portion of a parcel covered or occupied by buildings, roofed structures, and impervious paved surfaces. ***** "Portable accessory structure" means a structure intended for the shelter or storage of self- propelled vehicles, which is comprised of a self-supporting assemblage of material and is not permanently attached to a footing and foundation in compliance with the Uniform Building Code. ***** "Setback" means the distance between a specified lot line and the foundation or exterior wall of a building or structure. ***** "Structure" means that which is built or constructed, an edifice or building of any kind, or a piece of work artificially built up or composed of parts joined together in some definite manner. ***** "Yard" means an open space on a lot that is unobstructed from the ground upward except as otherwise provided in this title. ***** Yard, Rear. "Rear yard" means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and a line parallel thereto at the nearest point of the foundation of the main structure. Yard, Side. "Side yard" means a yard, between the main structure and the side lot line, extending from the front yard, or front lot line where no front yard is required, to the rear yard or the rear lot line if no rear yard is required; the width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the foundation of the main structure. "Zero side yard" means no required set back from the adjacent property line. Exhibit 1 – PC work session of 2-10-2025 - Chapter 17.96 of the Carlton Development Code – Accessory Structures Page 3 of 5  Page 9 Relevant code (existing without staff observations) Chap 17.96 - Accessory Structures Exhibit 1 Division III. GENERAL DEVELOPMENT STANDARDS ***** Existing Text: Below is Chapter 17.96 (Accessory Structures) without staff comments / observations. As part of the 2024 code update, the consultant team did not focus attention to accessory structures (not part of contract work scope). The code update of 2024 proposed minor changes to Chapter 17.96, specific to subsection 17.96.030 (adding the “R-2” and “PF” zoning districts). Chapter 17.96 ACCESSORY STRUCTURES 17.96.010 Generally. Accessory structures shall comply with the requirements of this chapter. 17.96.020 R-1 district. A. Location and Number. Except as provided in Section 17.96.040, accessory structures shall not be located within a front or street side yard. A maximum of one accessory structure providing enclosed or partially enclosed space (e.g., garage, carport, shed, workshop, or similar structure) is permitted for every three thousand seven hundred fifty (3,750) square feet of lot area. B. Height. The maximum allowable height is twenty (20) feet, except that no accessory structure shall exceed the height of the primary building. C. Property Setbacks. For structures ten (10) feet or less in height there shall be a minimum five-foot setback from the nearest property line. For buildings greater than ten (10) feet in height there shall be a setback of five (5) feet along each side property line and ten (10) feet along the rear property line. D. Building Separation. Accessory structure shall be separated from the primary buildings by a minimum of six (6) feet. E. Building Size. The accessory structure(s) shall be limited to the greater of the following: on a lot that is less than one-quarter (0.25) acre, twenty (20) percent of the floor area (excluding any attached garage) of the primary building or four hundred eighty (480) square feet, whichever is greater; and on a lot that is one-quarter (0.25) acre in size or larger, forty (40) percent of the floor area (excluding any attached garage) of the primary building or nine hundred sixty (960) square feet, whichever is greater. F. Rear Yard Limitation. In no case shall the accessory structure(s) occupy more than twenty (20) percent of the rear yard. The building size limitation shall be considered the maximum allowable area permitted for all accessory structures. G. Exterior Finish. The accessory structure shall have an exterior finish that is similar in appearance to the primary structure. 17.96.030 AH, MH, R-2, R-3, CB, D, CI, PF and GI districts. A. Location and Number. Except as provided in Section 17.96.040, accessory structures may be located anywhere the primary structure may be placed. There is no limit to the number of permitted accessory structures. Exhibit 1 – PC work session of 2-10-2025 - Chapter 17.96 of the Carlton Development Code – Accessory Structures Page 4 of 5  Page 10 Relevant code (existing without staff observations) Chap 17.96 - Accessory Structures Exhibit 1 B. Height. Accessory structures shall comply with the height provisions in the underlying zone for the primary structure. C. Setbacks. Accessory structures shall comply with the setback provisions in the underlying zone for the primary structure. D. Building Size. There is no limitation. E. Design Standards. Design standards may apply, subject to Chapter 17.156 Site Design Review and provisions of the underlying zone. 17.96.040 Portable accessory structures. A. Portable accessory structures, as defined by this title, shall be structurally sound and shall be anchored. Such structures shall be maintained in good condition using only original manufacturer's coverings. No plastic sheeting, tarpaulins, or other materials shall be used as a covering. Such structures shall meet all applicable Uniform Building Code requirements. B. In residential zones, one portable accessory structure, used as a private garage, as defined by this title, may be located within the side portion of a front yard, but must maintain the required front and side yard setbacks, including clear vision setbacks for corner lots. C. If located within a rear yard the following setbacks apply: for structures ten (10) feet or less in height there shall be a minimum five-foot setback along the side and rear property lines. For structures greater than ten (10) feet in height there shall be a setback of five (5) feet along each side property line and ten (10) feet along the rear property line. D. In commercial and industrial zones, portable accessory structures may be located on any portion of the lot or parcel, subject to applicable setback and Building Code requirements. _______________________________________________________________________________ Exhibit 1 – PC work session of 2-10-2025 - Chapter 17.96 of the Carlton Development Code – Accessory Structures Page 5 of 5  Page 11 Existing code & staff observations in response to Chap 17.96 - Accessory Structures Exhibit 2 Division III. GENERAL DEVELOPMENT STANDARDS ***** Staff observations / Recommendations: Below is Chapter 17.96 once again. Exhibit 2 includes certain staff observations and recommendations for legislative amendment potential. Not shown below are definitions (as shown in Exhibit 1). As explained below, staff recommends removing the definition of Portable accessory structures. Most definitions in Chapter 17.12 (relevant to accessory structures) are not recommended for change or removal. Chapter 17.96 ACCESSORY STRUCTURES 17.96.010 Generally. Accessory structures shall comply with the requirements of this chapter. 17.96.020 R-1 district. A. Location and Number. Except as provided in Section 17.96.040, accessory structures shall not be located within a front or street side yard. A maximum of one accessory structure providing enclosed or partially enclosed space (e.g., garage, carport, shed, workshop, or similar structure) is permitted for every three thousand seven hundred fifty (3,750) square feet of lot area. Staff Observation: First sentence (above) is generally clear but starts with “Except as provided in 17.96.040…” which is the subsection on “Portable Accessory Structures.” First sentence implies certain exceptions to regulations on placement (in front or street side yards) if a structure meets the portable definition. Staff observe how current code provides two separate definitions (and standards) for Accessory Structures and Portable Accessory Structures. The key difference between the two is the method of attachment (to the ground). While Accessory Structure is silent to method of attachment, the definition of Portable Accessory Structure calls attention to “self-supporting assemblage of material…” and “…is not permanently attached to a footing and foundation in compliance with the Uniform Building Code.” Staff observe how there are many types of accessory structures (available on the market today) that do not require in-ground excavation for concrete footings / foundation. For number allowed (under 17.96.020 above) staff observe the ratio shown (at one per 3,750 sq. ft.) aligned with the current R-1 zone lot size standard (i.e., 3,750 sq. ft. is 1/2 the current lot minimum of 7,500 sq. ft). Accordingly, any lot zoned R-1 that meets current minimum lot size is also allowed two accessory structures. Staff also observe how the same provision would exclude three small structures (e.g., three at 6’ by 6’ or so) which would be under the maximum building size (cumulative for all structures, as E describes under 17.96.020) but prohibited under A above. Staff Recommendation: Options are available to explore and one is shown to Exhibit 5. Staff first recommends that subsection 17.96.040 (Portable Accessory Structures) be removed and that the reference to it shown (in A above) be removed. Staff also recommends simplifying the ratio shown. Staff also recommends adding all other R zones. See Exhibit 5 for possible changes. Exhibit 2 – PC work session of 2-10-2025 - Chapter 17.96 of the Carlton Development Code – Accessory Structures Page 1 of 6  Page 12 Existing code & staff observations in response to Chap 17.96 - Accessory Structures Exhibit 2 B. Height. The maximum allowable height is twenty (20) feet, except that no accessory structure shall exceed the height of the primary building. Staff Observation: This provision first sets a max height limit of 20 ft. and follows with exception. Accordingly, height of existing primary building is relevant for comparison with the proposed accessory structure (e.g., if dwelling is 18 feet, a proposed accessory structure is therefore limited to 18 feet). Staff also observe how the R zones allow a maximum structure height of 35-feet, and how the code definition of “building height” provides an explanation of how to measure the highest point, being: “…the average height of the highest gable of a pitched or hipped roof” with graphic to show (see Exhibit 4). Staff also observe how the provision in B does not prohibit two-story structures. Staff also observe 15-feet to be the current threshold for obtaining a Building Permit. Staff Recommendation: Replace for simplicity / clarity. See Exhibit 5 for a proposal. Staff recommends height reduction (to 15’) for match to current threshold for a building permit. Also, see graphic for building height shown in Exhibit 4. If height of accessory structure is to be measured in a different way, additional text in B is necessary. C. Property Setbacks. For structures ten (10) feet or less in height there shall be a minimum five-foot setback from the nearest property line. For buildings greater than ten (10) feet in height there shall be a setback of five (5) feet along each side property line and ten (10) feet along the rear property line. Staff Observation: Compare C (above) with existing code provisions in “A” (above) that clearly states how structures shall not be in front or a street side yard. Second sentence in “C” describes “each side” which raises certain questions about how the provision in “A” (prohibiting placement in street- street side) is applied. Also, staff observe the R-1 zone side yard (interior) for primary structure to be five feet (minimum) and R-1 rear yard for primary structure to be 15-feet (minimum) Staff Recommendation: Consider a new title for “C” focused to the rear yard setback. See Exhibit 5 for option. D. Building Separation. Accessory structure shall be separated from the primary buildings by a minimum of six (6) feet. Staff Observation: Provision is clear but not necessarily connected to existing fire / life safety provisions found in Oregon Specialty Codes. This standard might derive from a past building code or a model code, or code from another city (as similar standard is shown to other city codes). Staff Recommendation: Could keep or change to indicate how separation between structures shall be consistent with Oregon Specialty Codes, where applicable. Staff observe Carlton Muni Code (in Title 15, Building and Construction, Chap. 15.04) to acknowledge State of Oregon Specialty Codes (structural, mechanical, plumbing, electrical and fire). See Exhibit 5 (option for change). Exhibit 2 – PC work session of 2-10-2025 - Chapter 17.96 of the Carlton Development Code – Accessory Structures Page 2 of 6  Page 13 Existing code & staff observations in response to Chap 17.96 - Accessory Structures Exhibit 2 E. Building Size. The accessory structure(s) shall be limited to the greater of the following: on a lot that is less than one-quarter (0.25) acre, twenty (20) percent of the floor area (excluding any attached garage) of the primary building or four hundred eighty (480) square feet, whichever is greater; and on a lot that is one-quarter (0.25) acre in size or larger, forty (40) percent of the floor area (excluding any attached garage) of the primary building or nine hundred sixty (960) square feet, whichever is greater. Staff Observation: Confusing. Requires person to first convert square feet to acres (in this case one quarter acre = 10,890 sq. ft.) and then determine if subject property is higher or lower in size. Next step is to calculate existing floor area of primary building (excluding garage) which includes a second floor (if existing). “Floor area” is defined by code and is not to be confused with “building footprint” (which is not defined but could be). See Graphic in “Exhibit 3” for identification of other issues encountered. Staff Recommendation: Replace for simplicity / clarity. Add definition for “Building Footprint” to Chapter 17.12. To E (above) consider new title / text: Building Size and Lot Coverage (Exhibit 5 includes one idea). If Commission desires to ensure accessory structures are “subordinate” and “incidental” to the primary structure (as the definition describes) consider adding: The footprint of any one accessory structure shall be no greater than half the footprint size of the primary dwelling. F. Rear Yard Limitation. In no case shall the accessory structure(s) occupy more than twenty (20) percent of the rear yard. The building size limitation shall be considered the maximum allowable area permitted for all accessory structures. Staff Observation: According to current code definition “Rear Yard” means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and a line parallel thereto at the nearest point of the foundation of the main structure. Provision in F can be confused with the rear setback which the code definiens and is a minimum of 15 feet (in the R-1 zone). See graphic in Exhibit 3 for visual comparison (Rear Yard vs. Rear Setback). Staff Recommendation: A graphic / illustration (to the code) could be helpful for explaining how the Rear Yard Limitation (in F above) works. The graphic might be shown in concert with cumulative max size limit for accessory structures (in E above). See Exhibit 5 for option. G. Exterior Finish. The accessory structure shall have an exterior finish that is similar in appearance to the primary structure. Staff Observation: Not clear and objective. Administration / enforcement of this provision is difficult. Q: If exterior material of primary structure is mostly hardi-plank horizontal siding, would the provision in G (above) exclude use of vertical board & batten as exterior finish? What is “…similar in appearance?” Also, when accessory structures fall below a size of 200 sq. ft., there is no requirement for building permit. Accordingly, the city is not provided opportunity to review plans. Staff Recommendation: Remove G entirely, or if Commission is concerned about the use of certain exterior materials (e.g., rusted galvanized steel) provision in G should list-out specific types. Exhibit 2 – PC work session of 2-10-2025 - Chapter 17.96 of the Carlton Development Code – Accessory Structures Page 3 of 6  Page 14 Existing code & staff observations in response to Chap 17.96 - Accessory Structures Exhibit 2 Staff Observation: No existing code provision that prohibits accessory structures in public easements (for utilities and access) and no provision that requires a primary structure exist first (i.e., primary structure is there ahead of the accessory structure). Staff Recommendation: See Exhibit 5 for possible new provisions (for add). 17.96.030 AH, MH, R-2, R-3, CB, D, CI, PF and GI districts. A. Location and Number. Except as provided in Section 17.96.040, accessory structures may be located anywhere the primary structure may be placed. There is no limit to the number of permitted accessory structures. Staff Observation: For the reasons explained, staff recommend removing the provisions specific to “portable accessory structures” (in 17.96.040 reference above). Staff Recommendation: See Exhibit 5 that proposes moving R-2 and R-3 zones (above) to the R-1 Residential standards of 17.96.020. Agriculture, Commercial and Industrial zones (above) would stay. Commission may also consider amendment to first sentence in A (regarding location). B. Height. Accessory structures shall comply with the height provisions in the underlying zone for the primary structure. Staff Observation: Generous. Existing provision in B would allow accessory structures to be over one story in height. Also, in the R-2 and R-3 zones, 45-feet is the maximum height identified for the primary structure. Accordingly, staff recommend moving R-2 and R-3 (shown to title above) over to 17.96.020 (current R-1 standards). Staff Recommendation: For structures in agricultural, industrial, and commercial zones, can keep as-is if no concerns (or minimal concerns) about accessory structure height. Staff observe several existing design standards in the DD (downtown) zone that restrict height or influence material / design choice. C. Setbacks. Accessory structures shall comply with the setback provisions in the underlying zone for the primary structure. Staff Observation: Generally, when properties are zoned agricultural, industrial, or commercial and shown to abut a residential zone, the code requires extra distance (with a landscape buffer). Also, properties in non-residential zones are generally larger (comparatively to properties in residential zones) and thereby provide more space availability for accessory structures. Accordingly, there is no apparent need to recognize setback exceptions for accessory structures in non-residential zones. Staff Recommendation: No recommended change is shown for consideration in Exhibit 5. Exhibit 2 – PC work session of 2-10-2025 - Chapter 17.96 of the Carlton Development Code – Accessory Structures Page 4 of 6  Page 15 Existing code & staff observations in response to Chap 17.96 - Accessory Structures Exhibit 2 D. Building Size. There is no limitation. Staff Observation: No maximum lot coverage standards are shown to AH, CI, DD zones but there are setbacks and other standards that can effectively limit size. Staff Recommendation: No recommended change is shown for consideration in Exhibit 5. However, Commission might consider adding something like: …except where development standards of the zone describe. E. Design Standards. Design standards may apply, subject to Chapter 17.156 Site Design Review and provisions of the underlying zone. Staff Observation: Good forewarning of a potential land use application (Site Design Review). Minor Site Design Review application is necessary for a 25% increase in total square footage (floor area) for existing non-residential development. Accessory structures are not shown to the list of exemptions in 17.156.040 (Site Design Review applicability). Staff Recommendation: No recommended change is shown for consideration in Exhibit 5. 17.96.040 Portable accessory structures. A. Portable accessory structures, as defined by this title, shall be structurally sound and shall be anchored. Such structures shall be maintained in good condition using only original manufacturer's coverings. No plastic sheeting, tarpaulins, or other materials shall be used as a covering. Such structures shall meet all applicable Uniform Building Code requirements. Staff Observation / Recommendation: As explained in earlier comments / observations, staff recommends removal of the definition and regulations specific to portable accessory structures (A through D). Alternatively, the Commission could re-define “Potable Accessory Structures” (further distinguishing them from “Accessory Structures”) or portable structures could become something entirely different. For example, the City of Portland code acknowledges certain front, rear and side yard exceptions for “Detached Uncovered Vertical Structure” (e.g., small roofless structures like a trellis or arbor) that residents might introduce as part of landscape element. Provisions for “Detached Uncovered Vertical Structures” would need to be added here if desired. B. In residential zones, one portable accessory structure, used as a private garage, as defined by this title, may be located within the side portion of a front yard, but must maintain the required front and side yard setbacks, including clear vision setbacks for corner lots. Staff Observation / Recommendation: As explained earlier, staff recommends removing. Provisions in B conflict with other similar standards in 17.96.020. Exhibit 2 – PC work session of 2-10-2025 - Chapter 17.96 of the Carlton Development Code – Accessory Structures Page 5 of 6  Page 16 Existing code & staff observations in response to Chap 17.96 - Accessory Structures Exhibit 2 C. If located within a rear yard the following setbacks apply: for structures ten (10) feet or less in height there shall be a minimum five-foot setback along the side and rear property lines. For structures greater than ten (10) feet in height there shall be a setback of five (5) feet along each side property line and ten (10) feet along the rear property line. Staff Observation / Recommendation: As explained earlier, staff recommends removing. Provision in C conflict with other similar standards in 17.96.020 D. In commercial and industrial zones, portable accessory structures may be located on any portion of the lot or parcel, subject to applicable setback and Building Code requirements. Staff Observation / Recommendation: As explained earlier, staff recommends removing. Provision in D appears to be covered in 17.96.030 (applicable to commercial & industrial zones). Also, general reference to building code requirements in D is unnecessary. Exhibit 2 – PC work session of 2-10-2025 - Chapter 17.96 of the Carlton Development Code – Accessory Structures Page 6 of 6  Page 17 Staff Illustration – Accessory Structure Regulations in R1 Zone – Maximum Size & Location - Exhibit 3 The current code standard in “E” of 17.96.020 (cited below) limits cumulative accessory structure size to a ratio that includes existing “floor area” of the dwelling (applicable for properties zoned R-1). E reads: E. Building Size. The accessory structure(s) shall be limited to the greater of the following: on a lot that is less than one-quarter (0.25) acre, twenty (20) percent of the floor area (excluding any attached garage) of the primary building or four hundred eighty (480) square feet, whichever is greater; and on a lot that is one- quarter (0.25) acre in size or larger, forty (40) percent of the floor area (excluding any attached garage) of the primary building or nine hundred sixty (960) square feet, whichever is greater. The current provision in E generally allows more accessory building size to properties that contain larger dwellings. To illustrate, below are two lots (Left and Right) of equal size and dimension. Both lots are also shown at the minimum R-1 lot size standard of 7,500 sq. ft. Applying existing code in E above: Lot to the Left: 20% of floor area (excluding garage) is 400 sq. ft., and 480 sq. ft. (# shown in E) is greater. Accordingly, the maximum size (for all structures combined) is 480 sq. ft. Lot to the Right: 20% of floor area (excluding garage) is 800 sq. ft. which is greater than 480 sq. ft. However, as the graphic shows, maximum size (again for all accessory structures combined) is 600 sq. ft. This is because another code provision (“F” cited below) further limits cumulative structure size to no more than 20% of the rear yard. F. Rear Yard Limitation. In no case shall the accessory structure(s) occupy more than twenty (20) percent of the rear yard. The building size limitation shall be considered the maximum allowable area permitted for all accessory structures. Below, the rear yard area (40’ x 75’ x. 0.2 = 600 sq. ft.) is the same for both lots. However, for one lot (right) the provision in F is more restrictive, and for other lot (left) the provision in E is more restrictive. Lot to Left Lot to Right STREET  Page 18 Code Illustration - Existing Code Definition for Building Height in Development Code - Exhibit 4 Below is the current code definition for Building Height found in CDC Section 17.12.020. The full code definition includes four 3-D building images (shown below). _____________________________________________________________________________________ "Building height" means the vertical distance from a reference datum measured to the highest point of the coping of a flat roof or the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following; whichever yields a greater height of building: 1. The elevation of the highest adjoining sidewalk or ground surface within five-foot horizontal distance of exterior wall of building when such sidewalk or ground surface is not more than ten (10) feet above lowest grade. 2. An elevation ten (10) feet higher than the lowest grade when the sidewalk or ground surface described in subsection (1) of this section is more than ten (10) feet above lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building. ___________________________________________________________________________________________________________________ Staff Observation: While there are several types of roof designs, a gable / pitched roof is most common for accessory structures. For pitched and hipped roofs, the above graphic shows how height (top) is measured from the midpoint of the highest gable to the height of eave. The above definition applies to accessory structures as there is not a separate codified definition (or exception) specific to such. If a different definition for accessory structure height is desired, provisions in Chapter 17.96 need to clarify.  Page 19 Staff Proposed Changes to Chap 17.96 Accessory Structures – PC work session 2-10-2025 - Exhibit 5 From the staff observations / recommendations explained in Exhibits 2 and 3, staff proposes certain changes below. “*****” (where shown) indicates a skip (i.e., existing code between that is not shown and not proposed for change). Yellow highlighted indicates proposed for new and blue strike-through indicates proposed strike. [Text shown bracketed / highlighted in grey] indicates some options to consider. Division I. GENERAL PROVISIONS ***** Chapter 17.12 DEFINITIONS ***** 17.12.020 Definitions. The following words and phrases, when used in this title, shall have the meanings set forth in this section, except in those instances where the context clearly indicates a different meaning. ***** "Accessory structure" means a detached, subordinate building or portion of a main primary structure, the use of which is incidental to that of the main primary structure or to the use of the land. ***** “Building Footprint” means the plan view of a building or structure, measured from the outside edge of all exterior walls and supporting columns. The building footprint does not include patios; areas of porch, deck, and balcony less than 30 inches from finished grade; cantilevered covers, porches or projections; or ramps and stairways required for access. The footprint of each detached building or structure on a site is calculated separately. ***** "Portable accessory structure" means a structure intended for the shelter or storage of self- propelled vehicles, which is comprised of a self-supporting assemblage of material and is not permanently attached to a footing and foundation in compliance with the Uniform Building Code. ***** Division III. GENERAL DEVELOPMENT STANDARDS ***** Chapter 17.96 ACCESSORY STRUCTURES 17.96.010 Generally. Accessory structures shall comply with the requirements of this chapter. Exhibit 5 – PC work session of 2-10-2025 – Possible changes based on staff observation / recommendations Page 1 of 3  Page 20 Staff Proposed Changes to Chap 17.96 Accessory Structures – PC work session 2-10-2025 - Exhibit 5 17.96.020 Standards applicable to all properties in the R-1, R-2, R-3 and R-X districts. A. Location and Number. Except as provided in Section 17.96.040, a Accessory structures shall not be located within a setback as described by the zone for a front or street side yard. A maximum of one accessory structure providing enclosed or partially enclosed space (e.g., garage, carport, shed, workshop, or similar structure) is permitted for every three thousand seven hundred fifty (3,750000) square feet of lot area. [Option - can strike second sentence if not to limit #.] B. Height. The maximum allowable height is twenty (20) fifteen (15) feet, except that no accessory structure shall exceed the height of the primary building. measured according to building height as defined and is limited to one story. [Option - keep 20’. 15’ is threshold for a building permit] C. Property Setbacks. For structures ten (10) feet or less in height there shall be a minimum five-foot setback from the nearest property line. For buildings greater than ten (10) feet in height there shall be a setback of five (5) feet along each side property line and ten (10) feet along the rear property line. Reduced Rear Yard Setback. Accessory structures may occupy a portion of the minimum rear yard setback of the applicable zone if shown to meet all specifications as follows: a. The structure footprint is 480 square feet or less, measured from the outside of exterior walls or support posts / columns. [or ref. to the def. of “Building Footprint” if introduced] b. The structure does not exceed one-story in height and is no higher than 10 feet, according to the definition of building height. c. The outer edges of any roof eave are located at least three feet from the nearest property line. d. The structure footprint does not occupy more than twenty (20) percent of the minimum rear yard setback of the zone. [Relocated from F (below). Can also introduce a graphic here.] D. Building Separation. Accessory structure shall be separated from the primary buildings by a minimum of six (6) feet. distances as described in State of Oregon Specialty Codes for compliance with structural, mechanical, plumbing, electrical and fire standards. E. Building Size. The accessory structure(s) shall be limited to the greater of the following: on a lot that is less than one-quarter (0.25) acre, twenty (20) percent of the floor area (excluding any attached garage) of the primary building or four hundred eighty (480) square feet, whichever is greater; and on a lot that is one-quarter (0.25) acre in size or larger, forty (40) percent of the floor area (excluding any attached garage) of the primary building or nine hundred sixty (960) square feet, whichever is greater. Building Size and Lot Coverage. The combine footprints of primary and accessory structures on any lot shall not exceed the maximum lot coverage standard of the applicable zone. [See max lot coverages of the R zones. Also, if accessory structure is “subordinate” and “incidental” to the primary structure (as the definition describes). Option to consider, add: The footprint of any one accessory structure shall be no greater than half the footprint size of the primary dwelling.] F. Rear Yard Limitation. In no case shall the accessory structure(s) occupy more than twenty (20) percent of the rear yard. The building size limitation shall be considered the maximum allowable area permitted for all accessory structures. [Recommend relocating under standard in C, above] Exhibit 5 – PC work session of 2-10-2025 – Possible changes based on staff observation / recommendations Page 2 of 3  Page 21 Staff Proposed Changes to Chap 17.96 Accessory Structures – PC work session 2-10-2025 - Exhibit 5 G.F Exterior Finish. The accessory structure shall have an exterior finish that is similar in appearance to the primary structure. Exterior finish materials shall be made from wood, composite boards, vinyl, or aluminum. [Option - can also identify certain prohibited exterior finish materials] G. Accessory structures shall not be constructed prior to construction of a primary structure on the same property and shall not be constructed over public utility and access easements. 17.96.030 Standards applicable to all properties in the AH, MH, R-2, R-3, CB, DD, CI, PF and GI districts. A. Location and Number. Except as provided in Section 17.96.040, a Accessory structures may be located anywhere the primary structure may be placed. There is no limit to the number of permitted accessory structures. B. Height. Accessory structures shall comply with the height provisions in the underlying zone for the primary structure. C. Setbacks. Accessory structures shall comply with the setback provisions in the underlying zone for the primary structure. D. Building Size. There is no limitation. [Option – can also refer to standards of the zone here] E. Design Standards. Design standards may apply, subject to Chapter 17.156 Site Design Review and provisions of the underlying zone. F. Accessory structures shall not be constructed prior to construction of a primary structure on the same property and shall not be constructed over public utility and access easements. 17.96.040 Portable accessory structures. A. Portable accessory structures, as defined by this title, shall be structurally sound and shall be anchored. Such structures shall be maintained in good condition using only original manufacturer's coverings. No plastic sheeting, tarpaulins, or other materials shall be used as a covering. Such structures shall meet all applicable Uniform Building Code requirements. B. In residential zones, one portable accessory structure, used as a private garage, as defined by this title, may be located within the side portion of a front yard, but must maintain the required front and side yard setbacks, including clear vision setbacks for corner lots. C. If located within a rear yard the following setbacks apply: for structures ten (10) feet or less in height there shall be a minimum five-foot setback along the side and rear property lines. For structures greater than ten (10) feet in height there shall be a setback of five (5) feet along each side property line and ten (10) feet along the rear property line. D. In commercial and industrial zones, portable accessory structures may be located on any portion of the lot or parcel, subject to applicable setback and Building Code requirements. [Option – can replace subsection with “Detached Uncovered Vertical Structures” allowing small roofless structures (e.g., a trellis). Would also need to introduce definition / description]. ________________________________________________________________ Exhibit 5 – PC work session of 2-10-2025 – Possible changes based on staff observation / recommendations Page 3 of 3  Page 22 Guide produced by State of Oregon Building Code Division – When Permit is Required Exhibit 6 Below is an excerpt from a Building Permit guide produced by the State of Oregon Building Code Division. The same division is responsible for administering uniform standards for construction of residential and commercial buildings identified in Oregon Specialty Codes. Carlton Municipal Code (under Title 15) identifies and requires compliance. Currently, a building permit is not required for detached non-habitable accessory structures that are less than 200 square feet in size (floor area) and less than 15 feet in height. This information (& other building permit information) can be found: https://www.oregon.gov/BCD/Pages/about-us.aspx Permits required A building permit is required to construct, enlarge, alter, repair, or move a residential building or structure. Structural improvements and repairs requiring a local building permit include but are not limited to: • Adding a room. • Building or moving a carport, garage or shed of more than 200 square feet. • Adding, moving, or removing walls. • Finishing an attic, garage, or basement to make additional living space. • Cutting a new window or door opening or changing the dimensions of existing openings. • Applying roofing when all of the old roofing is removed, and all new roof sheathing is installed. • Building, installing or altering: o A stairway to the primary door or to porches and decks more than 30 inches above grade. o A deck more than 30 inches above grade. o A fence serving as a barrier around swimming pool, hot tub, or spas. Permits not required The following residential improvements do not require a building permit: • Building an accessory structure, such as a shed or garage, that is nonhabitable, detached, one-story, less than 200 square feet or less than 15 feet measured from the floor to the average height of the roof. • Building a patio, porch or deck cover not more than 200 square feet in area or 12 feet in average roof height, and not closer than three feet to any property line. • Building a porch or deck where the floor or deck is not more than 30 inches above the adjacent grade at any point. • Installing a fence made of wood, wire mesh, or chain link less than seven feet in height. • Creating a private concrete sidewalk, slab, or driveway not more than 30 inches above adjacent grade and not over any basement or story below. • Applying paint, paper, tile or other similar finish work on walls, floors, and ceiling, as well as carpet, cabinets, countertops or similar finish work. • Installing a prefabricated swimming pool where the pool walls are entirely above the adjacent grade. Barriers around prefab-pools are not exempt from building permits.  Page 23 Guide produced by State of Oregon Building Code Division – When Permit is Required Exhibit 6 • Installing window awnings supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support. • Erecting interior walls that are nonbearing, except when creating habitable rooms that are used for living, sleeping, eating, or cooking, or when creating new toilet rooms or bathrooms. • Repairing or replacing siding not required to be fire resistant. • Retrofitting or installing insulation. • Repairing masonry. • Installing gutters and downspouts. • Replacing doors and windows with no structural changes. • Replacing roofing where the weight of the replacement or repair does not exceed 30 percent of the roof's required live load design capacity and is not required to be fire resistant. • Building or replacing membrane-covered frame structures, that are nonhabitable accessory buildings not more than 500 square feet in area, one story in height and not closer than three feet to the property line. • Repairs using like materials or materials meeting new construction requirements that do not include any of the following: o Cutting away of any wall. o Removing or cutting of any structural beam or load-bearing support. o Removing or cutting of any required means of egress/exiting. o Rearranging any parts of a structure affecting the egress/exiting requirements. Please contact your local building department if you are in doubt of whether or not a particular home alteration or repair needs a permit.