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§ 155.034 RIPARIAN ZONE SETBACKS AND VEGETATION MAINTENANCE.
   In order to maintain the vegetative cover which furnishes riparian habitat along Catherine Creek and Little Creek, a setback for any new development such as structures or roads shall be required. The setback distance shall be equal to 1/2 the stream width, as measured at right angles to the annual high-water line. A minimum of 25 feet on either side of the streams will be recognized. Woody vegetation presently existing in the riparian zone shall be maintained; however, thinning or brushing may occur within the riparian zone as long as 75% of the existing shade over the stream is maintained.
(Ord. 369, passed 4-9-1984)
§ 155.035 STANDARDS FOR PLACEMENT OF A MANUFACTURED HOME ON AN INDIVIDUAL LOT.
   The manufactured home shall:
   (A)   Enclose a floor area of not less than 800 square feet;
   (B)   Be placed on an excavated and/or backfilled foundation and the open portion under the home enclosed with pressure treated wood, masonry, or concrete walls, so that the top of the perimeter wall is not more than 12 inches above the finished ground level, except on a sloping lot where the top of the perimeter wail shall be not more than 12 inches above the finished ground level at its highest point along the perimeter wall; complying with the minimum set-up standards of the adopted State Administrative Rules for Manufactured Dwellings, Chapter 918. When pressure treated wood is used for the perimeter wall, a covering similar in appearance to the manufactured home siding, or a finished concrete wall, will be used to cover the wall. A permanent concrete foundation existing at the time of this chapter’s adoption that exceeds 12 inches in height but otherwise complies with this chapter may continue to be used; and
   (C)   Have an integral roof with a nominal pitch of 2 1/2 feet in height for every 12 feet in width.
(Ord. 437, passed 1-11-1993)
§ 155.036 PROVISIONS REGULATING CONSTRUCTION UPON ADJOINING LOTS OR PARCELS UNDER THE SAME OWNERSHIP.
   (A)   In order to allow an owner of multiple adjoining discrete lots or parcels to construct upon the area of land under the same ownership and without regard to interior lot lines (treating the entirety of the land as a single lot or parcel by reference to the exterior perimeter lines only), the city recognizes three separate methods to permit such construction pursuant to § 155.190:
      (1)   Re-plat of the lots under the same ownership pursuant to O.R.S. 92.180 et seq. into one or more lots or parcels, and satisfying the criteria and provisions of Chapter 152;
      (2)   Lot/parcel line adjustment per O.R.S. 92.010(11) and 92.190, provided that each resulting lot or parcel meets the criteria for a new discrete lot or parcel pursuant to this chapter and Chapter 152;
      (3)   A deed restriction recorded against each lot or parcel proposed to be used for purposes of setback and other requirements or restrictions within this chapter and Chapter 152, which satisfies the following requirements:
         (a)   The deed restriction identifies the city as a third party beneficiary of the restriction;
         (b)   The deed restriction states that no lot or parcel identified within the document may be sold separately from any other lot or parcel within the restriction;
         (c)   That the intent of the deed restriction is to treat the combined land within the identified lost or parcels as a single lot or parcel for purposes of this chapter and Chapter 152; and
         (d)   That the deed restriction runs with the land.
   (B)   Procedure for removal of deed restriction. The procedure to be followed in applying for removal of the deed restriction established pursuant to division (A)(3) shall be the same as those provided in §§ 155.085 through 155.094.
   (C)   Criteria for review of request for removal of deed restriction. The Planning Commission may authorize removal of the deed restriction established pursuant to division (A)(3) if the following conditions are satisfied:
      (1)   Each discrete lot or parcel and any structures thereon meet all requirements of this chapter and Chapter 152 in effect at the time of the application, including, but not limited to, setbacks, street frontage, minimum parcel size for new lots, primary structures and/or uses, accessory structures and/or uses, and limitations on single dwellings per lot or parcel;
      (2)   All utility services and equipment remain on and within the lot or parcel on which the structure they serve is located; and
      (3)   In permitting the removal of the deed restriction, the Planning Commission may impose, in addition to those standards and requirements expressly specified by this chapter, additional conditions which it finds necessary to avoid a detrimental environmental impact and to otherwise protect the best interest of the surrounding area or the community as a whole.
(Ord. 514, passed 5-12-2008)
§ 155.037 GENERAL COMMERCIAL ZONE (C-1).
   (A)   Uses permitted outright in a General Commercial Zone (C-1). General walk-in commercial uses and operations that are predominately retail or service establishments dealing with ultimate consumers. Single-family residential use of commercial structures within the C-1 Zone shall be permitted only in conjunction with an operational commercial use provided that such residential use is secondary in nature to the main use of the structure for its commercial activities, and the occupying residents are the owners and/or operators of the commercial activities. The residential use shall not be visible from, and shall not deter or obstruct the street front use of, the building for commercial activities. Residential uses of commercial structures shall cease within six months of discontinuance of commercial activity, until such time as a new commercial activity is begun.
   (B)   Conditional uses permitted:
      (1)   Churches;
      (2)   Church parsonages;
      (3)   Community clubs;
      (4)   Government structures and land uses:
      (5)   Convalescent homes;
      (6)   Clinics;
      (7)   Libraries;
      (8)   Museums;
      (9)   Public parks;
      (10)   Public utility structures and lines;
      (11)   Radio and television transmitters and lines;
      (12)   Railroad rights-of-way;
      (13)   Schools;
      (14)   Light industrial operations;
      (15)   Passenger terminals;
      (16)   One and two-family dwellings;
      (17)   Multi-family dwellings; and
      (18)   Overnight recreational vehicle accommodations in conjunction with hotel/motel operations.
   (C)   Prohibited uses:
      (1)   Wrecking yard;
      (2)   Travel trailer park;
      (3)   Mobile home park;
      (4)   Wholesale establishments and warehouses;
      (5)   Heavy industrial use;
      (6)   Building and related contractor uses;
      (7)   Excavating contractor use;
      (8)   Heavy retail sales such as, but not limited to:
         (a)   Automotive sales;
         (b)   Tire sales and services;
         (c)   Trailer sales and services; and
         (d)   Pleasure craft sales and rental;
      (9)   Drive-in theaters; and
      (10)   Race tracks.
   (D)   Lot size requirements. Lots shall have size and dimensional standards as necessary for traffic circulation, off-street parking, loading and unloading, and similar activities, as approved by the Planning Commission and City Council from detailed plans presented.
   (E)   Setback requirements.
      (1)   Setback requirements for lots adjacent to residential areas shall be the same as the standards in the residential area.
      (2)   There shall be no setback requirement for lots along Main Street.
      (3)   Lots other than along Main Street shall have setbacks established for suitable parking and traffic patterns as approved by the Planning Commission and City Council from detailed plans presented.
(Ord. 337, passed 6-11-1979; Ord. 451, passed 7-8-1996; Ord. 512, passed 2-11-2008)
§ 155.038 HEAVY COMMERCIAL ZONE (C-2).
   (A)   Uses permitted outright in a Heavy Commercial Zone (C-2). All general commercial uses. Single-family residential use of commercial structures within the C-2 Zone shall be permitted only in conjunction with an operational commercial use provided that such residential use is secondary in nature to the main use of the structure for its commercial activities, and the occupying residents are the owners and/or operators of the commercial activities. The residential use shall not be visible from, and shall not deter or obstruct the street front use of the building for commercial activities. Residential uses of commercial structures shall cease within six months of discontinuance of commercial activity, until such time as new commercial activity is begun.
   (B)   Conditional uses:
      (1)   Churches;
      (2)   Church parsonages;
      (3)   Convalescent homes;
      (4)   Clinics;
      (5)   Schools;
      (6)   Light industrial uses;
      (7)   Public structures and land uses;
      (8)   Wrecking yards;
      (9)   Travel trailer parks;
      (10)   Large wholesale establishments and warehouses;
      (11)   Public utility structures and lines;
      (12)   One and two-family dwellings; and
      (13)   Multi-family dwellings.
   (C)   Prohibited uses:
      (1)   Mobile home parks; and
      (2)   Any use declared a nuisance by statute, by action of the City Council, or by a court of competent jurisdiction is prohibited in the C-2 Zone.
   (D)   Lot size requirements. Lots for proposed commercial expansion or new construction shall have size and dimensional standards as necessary for traffic circulation, off-street parking, loading and unloading, and similar activities as approved by the Planning Commission and the City Council. Lot size for other uses shall conform to requirements set forth in other use sections of this chapter.
   (E)   Setback requirements. Setback requirements for lots adjacent to existing residential areas shall be the same as standards in the residential area. All other lots shall have setbacks established for suitable parking and traffic patterns, as approved by the Planning Commission and City Council from detailed plans presented.
(Ord. 337, passed 6-11-1979; Ord. 437, passed 1-11-1993; Ord. 512, passed 2-11-2008)
§ 155.039 COMMERCIAL AMUSEMENT ZONE (C-3).
   (A)   Uses permitted outright in a Commercial Amusement Zone (C-3): all public or private non-profit amusement, cultural, or recreational uses.
   (B)   Conditional uses:
      (1)   Residential buildings accessory to a commercial use such as caretaker residences;
      (2)   Travel trailer parks; and
      (3)   Grandstands over 35 feet in height.
   (C)   Prohibited uses. Any use declared a nuisance by statute, ordinance, action of the City Council, or by a court of competent jurisdiction, or which may be objectionable by reason of emission of odor, dust, smoke, gas, or noise; provided that the City Council shall have the power, upon recommendation of the Planning Commission, to grant conditional and revocable permits for any such use within the zone after public hearing and examination of the location, and upon due proof to the satisfaction of the Council, that the maintenance of such use will not be unduly detrimental to adjacent and surrounding properties.
   (D)   Setback requirements. Setbacks shall be established for suitable parking and traffic patterns and shall be compatible with surrounding zones and uses and approved by the Planning Commission and City Council from detailed plans submitted.
(Ord. 337, passed 6-11-1979)
§ 155.040 INDUSTRIAL ZONE (I).
   (A)   Uses permitted outright in an Industrial Zone (I):
      (1)   All industrial uses except as indicated in divisions (B) and (C);
      (2)   Commercial uses associated with manufacturing, processing, or storage of materials;
      (3)   Large wholesale establishments and warehouses; and
      (4)   Farm use.
   (B)   Conditional uses:
      (1)   Governmental use or activity;
      (2)   Utility facilities necessary for public service, including, but not limited to, substations, power generating facilities for public and private use, and/or other related structural uses;
      (3)   Wrecking yards; and
      (4)   Storage of waste materials or junk.
   (C)   Prohibited uses. Those uses which have been declared nuisances by statutes or ordinances, by any court of competent jurisdiction, or by the Council, or which may be obnoxious or offensive by reason of emission of odor, dust, smoke, gas, noise, sawdust, soot, or vibrations; provided that the City Council shall have the power, upon recommendation by the Planning Commission to grant conditional and revocable permits for any such use within the Industrial Zone after public hearings and examination of the location and upon due proof to the satisfaction of the Council that the maintenance of such use will not be unduly detrimental to adjacent and surrounding properties, except the following which are declared to be absolutely prohibited:
      (1)   Acid manufacture;
      (2)   Cement, lime, gypsum, or plaster of paris manufacture;
      (3)   Distillation of bones;
      (4)   Explosives; manufacture or storage;
      (5)   Fat rendering;
      (6)   Fertilizer manufacture;
      (7)   Garbage, offal, or animal reduction or dumping;
      (8)   Gas manufacture;
      (9)   Glue manufacture;
      (10)   Petroleum refining;
      (11)   Slaughter house, stockyards, or feedlots;
      (12)   Smelting of tin, copper, zinc, or iron ores;
      (13)   Tannery; and
      (14)   All types of residential dwellings.
   (D)   Lot size requirements. Lots shall have size and dimensional standards as necessary for traffic circulation, off-street parking, loading and unloading, and similar activities as approved by the Planning Commission and City Council from detailed plans presented.
   (E)   Setback requirements. Setback requirements for lots adjacent to existing residential areas shall be the same as standards in the residential area. All other setbacks shall be sufficient to allow parking, loading, and related traffic circulation as needed by the user.
(Ord. 337, passed 6-11-1979; Ord. 369, passed 4-9-1984)
§ 155.041 RESIDENTIAL ZONE (R).
   (A)   Uses permitted outright in a Residential Zone (R):
      (1)   One and two-family dwellings;
      (2)   Manufactured homes meeting the requirements set forth in § 155.035, provided that the manufactured home and the lot on which it is situated are in the same ownership;
      (3)   Truck gardening;
      (4)   The keeping of cattle, horses, fowl, rabbits, sheep, or goats provided such animals are not allowed to run at large and a minimum of 10,000 square feet of open ground per animal unit is provided exclusive of dwelling and accessory building area; and
      (5)   The keeping of common household pets.
   (B)   Conditional uses:
      (1)   Cemeteries;
      (2)   Churches;
      (3)   Community centers;
      (4)   Day cares or nursery schools;
      (5)   Dog kennels for boarding or breeding;
      (6)   Governmental and public structures and uses;
      (7)   Home occupations;
      (8)   Hospitals and clinics;
      (9)   Libraries, museums, and art galleries;
      (10)   Livestock, or animals other than those listed in division (A)(4);
      (11)   Manufactured dwellings not meeting minimum dimensions for uses permitted outright but meeting all other requirements for mobile homes;
      (12)   Multi-family dwellings;
      (13)   Private or public parks;
      (14)   Schools;
      (15)   Room and board to more than five non-family members;
      (16)   Public utility structures and lines;
      (17)   Manufactured dwelling parks;
      (18)   Neighborhood light commercial uses; and
      (19)   Manufactured dwellings placed in accordance with § 155.090.
   (C)   Prohibited uses. Any use declared a nuisance or non-conforming to the neighborhood or zone by statute, by action of the City Council, or by a court of competent jurisdiction. All uses prohibited in the Commercial Zone (C-1). No dwelling shall be built or moved onto a lot not abutting a street.
   (D)   Minimum lot size requirements.
      (1)   The minimum lot size for new lots and parcels in the R-1 Zone shall be 7,500 square feet.
      (2)   In areas not served by city sewer, the minimum lot size shall be 20,000 square feet per single-family or two-family dwelling.
      (3)   For multi-family dwellings, the minimum lot size shall be 10,000 square feet for the first two family units and 2,500 square feet for each additional attached family unit.
      (4)   Minimum lot frontage shall be 60 feet, except that cul-de-sac lots may have 30 feet of frontage.
      (5)   There shall not be more than one dwelling and its accessory buildings constructed on one lot.
   (E)   Setback requirements. Minimum requirements shall be 20 feet front yard line, ten feet side yard line, and ten feet rear yard line. Both street frontages of corner lots shall be considered front yards. Accessory structure minimum setback requirements shall be five feet from side yard or rear lot lines. On all streets and street easements of less than 40 feet, building setbacks shall be calculated so that if the street right-of-way were widened to 60 feet the above minimum setbacks would result. No building permit shall be issued for construction of a building without such setback adjustments unless a variance is granted.
(Ord. 337, passed 6-11-1979; Ord. 351, passed 9-9-1980; Ord. 429, passed 2-11-1991; Ord. 437, passed 1-11-1993; Ord. 496, passed 6-12-2006; Ord. 558, passed 8-12-2019)
§ 155.042 RURAL RESIDENTIAL ZONE (R-2).
   (A)   Uses permitted outright in a Rural Residential Zone (R-2):
      (1)   Single-family dwelling on a parcel meeting minimum lot size requirements; and
      (2)   All other uses permitted outright in an A-1 Zone.
   (B)   Conditional uses:
      (1)   Private schools, parks, or playgrounds;
      (2)   Golf courses;
      (3)   Geothermal exploration and development;
      (4)   Aggregate and mineral exploration, mining, and processing;
      (5)   Utility facilities;
      (6)   Public schools;
      (7)   Other public buildings or facilities;
      (8)   Radio or television transmitters or towers;
      (9)   Home occupations;
      (10)   Churches;
      (11)   Commercial activities undertaken in conjunction with farm use; and
      (12)   Manufactured dwellings placed in accordance with § 155.090.
   (C)   Prohibited uses: feedlots, stockyards, and slaughterhouses.
   (D)   Minimum lot size. The minimum lot size for new lots and parcels in the R-2 Zone shall be 20,000 square feet when public access and public water supply or public sewer are provided; otherwise a one acre minimum shall be required where Oregon Department of Environmental Quality subsurface sewage disposal approval can be obtained.
   (E)   Development standards.
      (1)   Setbacks shall be the same as in the R Zone.
      (2)   The standards for keeping animals shall be the same as those set forth in § 155.041(A)(4).
      (3)   Standards for signs shall be the same as those in the A-1 Zone.
(Ord. 337, passed 6-11-1979; Ord. 369, passed 4-9-1984; Ord. 496, passed 6-12-2006)
§ 155.043 FARM RESIDENTIAL ZONE (R-3).
   (A)   Uses permitted outright in a Farm Residential Zone (R-3): permitted uses shall be the same as in the R-2 Zone.
   (B)   Conditional uses:
      (1)   Schools, parks, or playgrounds;
      (2)   Utility facilities;
      (3)   Home occupations;
      (4)   Commercial activities undertaken in conjunction with farm use;
      (5)   Geothermal exploration or development;
      (6)   Aggregate and mineral exploration, mining, and processing; and
      (7)   Manufactured dwellings placed in accordance with § 155.090.
   (C)   Prohibited uses: feedlots, stockyards, and slaughterhouses.
   (D)   Minimum lot size. The minimum lot size for new lots or parcels in the R-3 Zone shall be ten acres.
   (E)   Development standards. Development standards shall be the same as those in the R-2 Zone.
(Ord. 369, passed 4-9-1984; Ord. 496, passed 6-12-2006)
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