Code Enforcement Officer

D. Garage or carport face: 20 feet from any property line. The front wall of a garage, and any portion of a carport, shall not be permitted less than twenty (20) feet from a property line for primary and accessory structures.

E. The required front yard depths may be reduced in any residential zone as follows:

1. If there are dwellings on both abutting lots with front yards of depths less than the required depth for the zone, the depth of the front yard for the intervening lot need not exceed the average depth of the front yards of the abutting lots;

2. If there is a dwelling on one abutting lot with a front yard of less depth than the required depth for the zone, the front yard for the lot need not exceed a depth one-half way between the depth of the abutting lot and the required front yard depth:

3. In determining the depth of a front yard, the required depth shall be measured at right angles to the nearest street right-of-way, except as provided in subsection (F) below.

F. No building shall be erected on a lot which fronts upon a street having only a portion of its required width dedicated (as set forth in the Comprehensive Plan), unless the yards provided and maintained in connection with such building have a width and/or depth needed to complete the street right-of-way width plus the width and/or depth of the yards required on the lot by this Ordinance.

G. Only under adverse topographical circumstances will a variance be granted for a front yard setback less than ten (10') feet.

H. Projecting Building Features: The following building features may project into the required front yard no more than five (5') feet, and into the required interior yards no more than two (2) feet, provided that such projections are no closer than three (3) feet to any interior lot line:

1. Architectural features such as gutters, flues, eaves, cornices, belt courses, sills, awnings, buttresses, or similar features;

2. Chimneys and fireplaces.

Burning and Air Quality

City Ordinance 3848 section 9(G), Nuisances Affecting Public Health, provides: The following are nuisances affecting public health: G. Burning Rubbish: Burning of rubbish, rags, leaves or any type of refuse on public or private property so as to disturb other person(s) by offensive odors or smoke.

City Ordinance 3766 section 5, Open/Outdoor Burning, provides: A. The use of burn barrels, incinerators or other burning containers for burning trash, paper and other household materials is prohibited within the City limits of the City of Pendleton. B. Open burning within the City of Pendleton shall be automatically prohibited on the following days, 1. From June 15^th through September 30^th of each year. 2. Days on which the City Fire Marshall or the Fir Marshall’s designee has prohibited burning based on general fire safety conditions. 3. Days when current or predicted local wind conditions involve high wind speeds that would potentially pose an unreasonable fire safety threat. 4. Air stagnation days designated by the National Weather Service. 5. The following holidays and special event days: New Year’s Day, Memorial Day weekend (Saturday-Monday), 4^th of July, Labor Day weekend (Saturday-Monday), Pendleton Round-Up, from the Saturday following Labor Day and the succeeding 9 days, Thanksgiving Day, and Christmas Day. C. There shall be no open burning of prohibited materials or of materials which emit dense or toxic smoke or noxious odors. D. All open burning is prohibited during Red or Yellow Forecast Days. E. Open burning of construction, demolition and commercial waste within the City of Pendleton requires an open burn letter from the Oregon Department of Environmental Quality (ODEQ) and the Pendleton Fire Department (PFD). Once domestic waste is removed from the property of its origin, it becomes commercial waste and permits from ODEQ and PFD are required. F. Tree stumps may not be open burned unless they have first been removed from the ground and let dry, so they will burn without creating a dense smoke and without smoldering for an extended period of time. G. All unconfined burning piles shall be located so as to provide a safety area around any fire. H. All unconfined burning piles shall be constantly supervised. Safety equipment shall be readily available during burning for use in extinguishing the fire. I. Open burning shall only be conducted by a Responsible Person. J. The Responsible Person in charge of conducting open burning shall be held liable for all damage resulting from the burning and will be subject to any penalties for violation of this Ordinance or the regulations of the State of Oregon. K. Open burning fires are not to be started before 8:30 a.m. and must be completely out by sunset, unless pre-approved by the Pendleton Fire Department.

Pendleton Burn Line: 541-966-0327

Debris and Litter on Private Property

City Ordinance 3848 section 21, Solid Waste, provides: No person may throw, dump or deposit, nor shall an owner or person in charge of property, permit upon public or private property injurious or offensive substances or any type of solid waste, which mars the appearance, creates a stench or detracts from the cleanliness or safety of such property or upon the parking strip or sidewalk area abutting the property, or is likely to impede or injure an animal, vehicle or person traveling upon a public way.  Solid Waste is defined as: All useless and discarded putrescible and non-putrescible waste, including, but not limited to, garbage, rubbish, refuse, ashes and swill; grass clippings; compost; residential, commercial, industrial, demolition and construction wastes; discarded residential, commercial and industrial appliances, equipment and furniture; discarded, inoperable or abandoned vehicles or vehicle parts and vehicle tires; manure, vegetable or animal solid or semisolid waste, dead animal and all other wastes.

Garage Sales & Signs

City Ordinance 3848 Section 15, Attractive Nuisances provides: No owner or person in charge of property may permit: 1. Machinery, equipment or other devices on his property, which are, dangerous and accessible to unauthorized persons. 2. Lumber, logs or piling to be placed or stored on his property in such a manner as to be, dangerous and accessible to unauthorized persons. 3. Vacant or abandoned buildings on his property, which are open and accessible, including but not limited to; buildings, which have open doors, windows or other entrances. 4. Signage that violates the city Sign Code, or is applied to property of another for the purpose of advertising activities, including, but not limited to garage, estate, rummage sales, car washes, other special events, without express written consent from the property owner. 5. Vehicles, which are inoperable, unsecured or unused that are stored outside of garages, driveways or like areas designed and/or zoned for parking.

City Ordinance 3848 section 25, Garage Sale and Yard Sale, provides: A. “Garage sale,”, or “estate sale” means the offering for sale to the public of used personal items from a place of residence or accessory structure or any portion of property, the primary use of which is residential. Offering for sale includes display, storage or sale of goods. Permitted Neighborhood Commercial Uses and Home Occupations with current business licenses are exempt. B. No person may conduct a garage sale, yard sale, or estate sale on more than six days in any one calendar year.

Home Occupations and Business Licenses

City Ordinance 3471 Section 4, Business License Required provides:  No person shall engage in an activity or operate a device regulated under this Ordinance without first obtaining a license from the City or without complying with conditions imposed by a license obtained under those Sections.

City Ordinance 3845 section 11.2 Home Occupations in Residential Zones:

11.02.2 Classification.

(1). A business conducted within a dwelling unit shall be classified as a Home Occupation if it:

1. Employs persons other than residents of the dwelling; or
2. Anticipates more than two (2) clients or customers per day will visit the home; or
3. Includes a sign announcing the business.
4. Activities not constituting a Home occupation:

(2) Businesses conducted in dwelling units that generate less neighborhood impact than Home Occupations shall be considered a dwelling unit for zoning purposes, provided that such activity complies with the criteria of the most current Home Certification Form.

General Requirements and Criteria. All Home Occupations require a permit, and must comply with the following additional criteria and standards:

1. Home Occupations shall not occupy more than twenty-five (25%) percent of the total floor area of all structures on the lot, or five hundred (500) square feet, whichever is less.
2. Employment of more than two (2) persons who are not bona fide residents of the premises is prohibited.
3. The site shall not be used as a headquarters for the assembly of employees for instructions or other purposes or for the dispatch of employees for work at the other locations.
4. Clients, employees or customers may visit the site only between the hours of 7:00 a.m. and 8:00 p.m. (including deliveries).
5. There shall be no change in the Building Code occupancy classification of the dwelling unit or any portion of the dwelling unit or accessory structure(s).
6. Any activity which may produce waste products of a quality or quantity not normally associated with residential use shall not qualify as a home occupation.
7. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any electrical equipment, radio or television receivers off the premises or causes fluctuations in the line voltages off the premises. On-site repair or assembly of vehicles or equipment with internal combustion engines (such as autos, chain saws, boat engines) or of large equipment (such as home appliances) is prohibited.
8. Home occupation signs shall be flush-mounted on the main residential structure, be unlit, and shall not exceed two (2) square feet in area. Such signs shall be made of nonflashing, nonreflective materials. Colors shall be consistent with residential character.
9. Exterior structural alterations or additions or the use of accessory buildings for home occupations shall be designed and built as to maintain or preserve the residential character of the premises. In no event shall such structural alterations or additions exceed the development standards permitted for structures in the zoning district in which the premises are located.
10. No materials or commodities shall be delivered to or from the property which are of bulk or quantity to require delivery by a commercial vehicle containing more than two (2) axles or a trailer.
11. Parking of customer, employee, or client vehicles shall create no hazard or unusual congestion.
12. Off-street parking spaces shall not be reduced in size or number, below the minimum required in the district, nor used for any purpose other than parking. Parking of vehicles having three (3) axles or more or pieces of heavy equipment such as construction equipment on the premises or in the public right-of-way in the conduct of the home occupation is prohibited.
13. Storage of merchandise, materials, or equipment shall be entirely within the residential structure or in an accessory building, and shall not be visible from the exterior of the premises
14. Storage or use of explosive, flammable, radioactive, toxic or other hazardous materials that are not normally found in the home or beyond amounts normally associated with a residence is prohibited. Specific limitations and requirements for the storage of hazardous materials in a residence are regulated by the Uniform Fire Code.
15. Home occupations shall comply with all other local, state, or federal regulations pertinent to the activity pursued, and the requirements or permission granted or implied by this Section shall not be construed as an exemption from such regulations. Such regulations include building and fire codes enacted to protect the applicant and surrounding property owners from hazardous conditions. State or local officials may inspect home occupations to ensure fire and life safety codes are met.

Applicants should be aware of any deed restrictions or covenants in effect on a property. It shall be the sole responsibility of the applicant to research said deed restrictions or covenants and determine if they prohibit or regulate home occupations.

Noise

City Ordinance 3848 section 23, Unnecessary Noise, provides:

1. No person may make, continue, or cause to be made or continued any loud, unnecessary or unusual noise nor any noise, which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, within or over the limits of the City. Sounds caused by emergency or public vehicles or equipment are exempted from this prohibition. Upon application to the City Manager, a permit may be granted to responsible persons or organizations for use of public address systems or amplification of sound for programs of music, news, speeches, or general entertainment.
2. The following acts or conditions are examples of loud, disturbing and unnecessary noises in violation of this Ordinance. This enumeration below is not exclusive:
   1. Horns, signaling devices. The sounding of a horn or signaling device on an automobile, motorcycle, or other vehicle on a street or public place of the City except as a danger warning; the creation by means of a signaling device of an unreasonably loud, harsh or for unnecessary or unreasonable period of time.      
   2. Radios, phonographs, etc. The use, operation, or the permission to play, use or operate a radio, media device, musical instrument, phonograph, or other device for the production or reproduction of sound in such manner as to cause inconvenience or disturb the peace, quiet and comfort of nearby person(s). The operation of such a sound producing device between the hours of 11 p.m. and 7 a.m., so that it is plainly audible at a distance of 50 feet from the building, structure, vehicle, or place in which it is located is prima facie evidence of a violation of this section.
   3. Loud-speakers, amplifiers for advertising. The use of any device for the production or reproduction of sound, which is cast upon the public streets or over the City for the purpose of commercial advertising or attracting the attention of the public to any building or structure, without consent of the City Manager.
   4. Yelling, shouting, etc. Yelling, shouting, hooting, whistling, or singing on the public streets, particularly between 11 p.m. and 7 a.m., so as to annoy or disturb the quiet, comfort, or repose of persons in an office, dwelling, hotel or other persons in the vicinity.
   5. Animals, birds, etc. The keeping of an animal or bird, which causes frequent or long-continued noise and disturbs the comfort or repose of persons in the vicinity.
   6. Whistles and horns. The blowing of a whistle or horn, except to give notice of a warning of fire or danger, or upon request of proper City authorities. The blowing of a locomotive steam whistle or electric horn within the City at any private or public roadway crossing with installed and operating flashing light signals and gate arms or equivalent warning devices, which are automatically activated by the approach of railroad trains or equipment on the tracks, except to prevent accident.
   7. Exhausts. The discharge into the open air of the exhaust from a steam engine, stationary internal combustion engine, motor boat or other vehicle except through a muffler or other device which will effectively prevent loud or explosive noises.
   8. Defect in vehicle or load. The use of an automobile, motorcycle or vehicle so out of repair or loaded in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
   9. Loading, unloading, opening boxes. The creation of loud and excessive noise in connection with loading or unloading a vehicle or the opening and destruction of bales, boxes, crates and containers.
   10. Construction or repairing of buildings. The erection, excavation, demolition, alteration or repair of a building, property or operation of a pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or other appliance the use of which is attended by loud or unusual noise, other than between 7 a.m. and 6 p.m. Excepted are, cases of urgent necessity in the interest of public health and safety, and then only with a permit from the City. The permit may be granted for a period of three days or less while the emergency continues. The permit may be renewed for periods of three days or less while the emergency continues. If the City determines that public health and safety are not impaired by the erection, demolition, alteration, or repair of any building or the operation of an appliance described in this subsection between 6 p.m. and 7 a.m., and that loss or inconvenience would result to any party in interest, work between 6 p.m. and 7 a.m., upon application said permit may be granted.
   11. Schools, courts, churches, hospitals. The creation of excessive noise on a street adjacent to a school, institution of learning, church, court while in use or adjacent to a hospital, which unreasonably interferes with the operation of such institutions or disturbs patients in the hospital.
   12. Hawkers, peddlers. The shouting or sounds of peddlers, hawkers, buskers and vendors that disturbs the peace and quiet of the neighborhood.
   13. Drums. The use of a drum, other instrument or device to attract attention to a performance, show or sale.
   14. Metal rails, pillars and columns, transportation thereof. The transportation of rails, pillars, or columns of iron, steel or other material, over and along streets and public places upon a vehicle so loaded as to cause loud noises and to disturb peace and quiet.
   15. Blowers. The operation of a noise-creating blower, fan or an engine, the operation of which causes noise, unless muffled.

A sound level in excess of limitations defined in Oregon Administrative Rules, Chapter 340, Division 35, shall be prima facie evidence of a violation of the prohibitions of this section.

Street and Sidewalk Obstructions

City Ordinance 3245 section 2, Property Owner Duties in Reference to Sidewalks provides: It is hereby made the legal duty of all owner(s) and occupiers of land adjoining any street or public place within the City limits of the City of Pendleton to construct, reconstruct, repair, and maintain in good condition the sidewalks, curbs, and stairways, and curbs in front of, alongside, or abutting in any manner said lands. This duty includes the duty to remove any and all obstructions from the adjacent sidewalk or stairway, including leaves, grass, snow, ice, and any other debris which may accumulate on the sidewalk, stairway, curb, or any area within the public right of way with the exception to any asphalt roadway open for public travel. The owner(s) occupier of land adjoining any street, sidewalk or stairway shall be responsible for, and primarily liable to any person(s) or legal entity injured because of any damages resulting from, arising from, defects in, or want of repairs and maintenance to, the sidewalks, or curbs in front of, along, or abutting upon the land of such owner(s) or occupier.

City Ordinance 3409 section 14, Obstruction of Public Ways provides:  Public Way, for the purposes of this subsection, shall mean and include any sidewalk, bridge, pathway or street. A.) No owner or person in charge of property shall permit a cellar door or grate located in or upon a sidewalk or public pathway to remain open except when such entrance is being used, and, when being used, there are adequate safeguards for pedestrians using the sidewalk. B.) Unless otherwise authorized by permit or license issued by a government agency, no person shall stand, sit, congregate, or place any obstructing item upon any public way in a manner that obstructs the travel or free passage over the same by pedestrian or vehicular traffic.  C.) No person or group of three or more persons participating together, shall cause public inconvenience, annoyance, alarm, hazardous or physically offensive condition, or risk thereof, upon or within any public way.