Brownsville City Zoning Code

Title. This chapter shall be known as the Comprehensive Plan of the City of Brownsville.

Purpose. The purpose of this chapter is to:

Amendment. The Comprehensive Plan will serve as a flexible document which will be amended, updated and continually improved upon as an ongoing process which encourages adaptation to changing attitudes, technology and needs. The Comprehensive Plan will serve as the basis of all future Comprehensive Plans to be developed.

Purpose. The Comprehensive Plan of the City of Brownsville is established to safeguard the health, safety and welfare of the citizens of Brownsville while encouraging private use of the land. This amendment procedure is designed to allow changes to be made in the Comprehensive Plan because of changes in public policy, physical circumstances, and technological change.

Definitions.

Application. Application for amendment of the Comprehensive Plan may be initiated by:

Filing. Application for amendment of the Comprehensive Plan shall be filed on a form provided by the City Administrator, according to the provisions of this chapter.

Notice. Notice of a public hearing before the Planning Commission and the City Council on a proposed Comprehensive Plan amendment shall be posted on the property, published in a newspaper of local circulation, and mailed to property owners and renters affected by the Comprehensive Plan policy change, or within 500 feet of the proposed Comprehensive Plan map change.

Hearings.

Approval. To approve an application for amendment of the Comprehensive Plan, findings shall be made that:

Review. The City of Brownsville shall review the Comprehensive Plan and related ordinances every three years.

Validity. If a section or subsection of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter.

Except as provided in subsection (D) of this section, whenever an applicant requests more than one approval and more than one approval authority is required to decide the applications, the proceedings shall be consolidated so that one approval authority shall decide all applications in one proceeding.

In such cases provided by subsection (A) of this section, the hearings shall be held by the approval authority having original jurisdiction over one of the applications in the following order of preference: the Council, the Commission, or the City Administrator.

Plan map amendments are not subject to the 120-day decision-making period prescribed by state law and such amendments may involve complex issues; therefore, the City shall not be required to consolidate a plan map amendment and a zone change or other permit applications requested unless the applicant requests the proceedings to be consolidated and signs a waiver of the 120-day time limit prescribed by state law for zone change and permit applicants.

In the event of consolidations of proceedings:

The City shall take final action on an application for a development permit or a zone change, including the resolution of all appeals within 120 days after the application is deemed complete, except:

Members of the approval authority shall not:

No decision or action of the Planning Commission or Council shall be invalid due to an ex parte contact, or bias resulting from an ex parte contact, with a member of the decision-making body, if the member of the decision-making body receiving the contact:

This section shall not apply to the decisions made by the City Administrator.

A communication between the City staff and the Planning Commission or Council not relating to factual matters at issue in the hearing shall not be considered an ex parte contact.

No person shall violate any condition imposed when granting approval for any land use decision under this division.

In addition to the penalties and remedies provided in this division, the continued violation of any condition imposed when approval for a land use was granted under this division shall be grounds for revocation of such approval. No revocation shall occur until the owner, and when different from the owner, the occupant, of the property has been notified in writing of the nature of the violation and the intent to revoke the earlier approval and until the owner and occupant are given an opportunity to be heard. Such notification and hearing shall be as provided when abating a nuisance and may be held separate from or in connection with a nuisance abatement proceeding.

Any use which is established, operated, erected, moved, altered, enlarged, painted, or maintained contrary to the zoning code shall be and is hereby declared to be unlawful and a public nuisance.

If the City Administrator or the authorized representative of the City Administrator finds that a use is contrary to the zoning code, the administrator may post a notice on the premises and otherwise proceed to abate the use as a nuisance in accordance with the general nuisance provisions of this code.

The City Administrator or the authorized representative of the City Administrator may proceed to summarily abate any use which endangers human life, health or property. The cost of such abatement may be assessed as provided in the general nuisance provisions of this code.

Violation of any provision in the zoning code is punishable by a fine not to exceed $500.00 for each day that the violation exists.

Each violation of a provision of the zoning code shall constitute a separate offense.

Any penalty imposed pursuant to this section shall be in addition to any other remedy that the City may have pursuant to this code or in any other manner provided by law.

Uses Permitted Outright. In an LDR zone the following uses and their accessory uses are permitted outright:

Conditional Uses Permitted. In an LDR zone the following uses and their accessory uses may be permitted, subject to the provisions of Chapter 15.125 BMC:

Uses Permitted with Special Development Standards. The following uses are permitted in accordance with the provisions of Chapters 15.95 and 15.100 BMC:

Lot Size and Width. In the LDR zone the lot size shall be as follows:

Yard Requirements. In an LDR zone the yards shall be as follows:

Height of Buildings. In an LDR zone no principal building shall exceed a height of 35 feet. No accessory building shall exceed a height of 22 feet.

Lot Coverage. In an LDR zone buildings shall not occupy more than 30 percent of the lot area. Total impervious surface shall not exceed 40 percent of the lot area.

The supplementary use provisions as outlined in Chapters 15.85 and 15.115 BMC shall apply.

Uses Permitted Outright. In an MDR zone the following uses and their accessory uses are permitted outright:

Conditional Uses Permitted. In an MDR zone the following uses and their accessory uses may be permitted, subject to the provisions of Chapter 15.125 BMC:

Uses Permitted with Special Development Standards. The following uses are permitted in accordance with the provisions of Chapters 15.95 and 15.100 BMC:

Lot Size and Width. In the MDR zone the lot size shall be as follows:

Yard Requirements. In an MDR zone the yards shall be as follows:

Height of Buildings. In an MDR zone no principal building shall exceed a height of 35 feet. No accessory building shall exceed a height of 18 feet.

Lot Coverage. In a MDR zone buildings shall not occupy more than 40 percent of the lot area. Total impervious surface shall not exceed 55 percent of the lot area.

The supplementary use provisions as outlined in Chapter 15.85 and 15.115 BMC shall apply.

Uses Permitted Outright. In an HDR zone the following uses and their accessory uses are permitted outright:

Conditional Uses Permitted. In an HDR zone the following uses and their accessory uses may be permitted, subject to the provisions of Chapter 15.125 BMC:

Uses Permitted with Special Development Standards. The following uses are permitted in accordance with the provisions of Chapters 15.95 and 15.100 BMC:

Lot Size and Width. In the HDR zone the lot size shall be as follows:

Yard Requirements. In an HDR zone the yards shall be as follows:

Height of Buildings. In an HDR zone no principal building shall exceed a height of 35 feet. No accessory building shall exceed a height of 18 feet.

Lot Coverage. In an HDR zone buildings shall not occupy more than 50 percent of the lot area. Total impervious surface shall not exceed 80 percent of the lot area.

The supplementary use provisions as outlined in Chapter 15.85 and 15.115 BMC shall apply.

Intent and Purpose. The OTC zone is a special commercial area with an historic motif. The purpose of the zone is to preserve and enhance the historic character, encourage business vitality and allow for moderate expansion of the small town core. The City shall review and regulate development with respect to compliance with the historic motif.

Description. The small town core is a compact, approximately five-block area adjacent to City Hall, the recreation center and park. It contains the City library, senior center, post office and Linn County Museum in addition to the commercial activity. It is the functional, historic and geographic town center. The town core contains commercial and residential buildings built between 1860 and the present. Approximately a dozen of these structures have intrinsic historic significance; while others have been altered to blend with Brownsville's historic period: 1860 to 1920.

Permitted Uses. Because public parking in the OTC zone is limited to one City lot and the street, uses appropriate in this zone are those that provide walk-in services and retail goods for the local resident or visitor and are limited more by size or scale than by kind. Consideration will also be given to the impact of traffic, noise and late night activities on surrounding residential areas by any proposed uses. Therefore, the following uses are permitted outright:

Conditional Uses Permitted. In the OTC zone, the following uses and their accessory uses may be permitted, subject to the provisions of Chapter 15.125 BMC:

Administrative Review Procedures. All proposals for changes in use or exterior alterations in the OTC shall be submitted to the City Administrator for review and approval based on the following criteria:

Historic Review Board Review Procedures.

The supplementary use provisions as outlined in Chapter 15.85 and 15.115 BMC shall apply.

Intent. The intent of the VC zone is to provide a location for retail businesses which potentially generate a high volume of traffic.

Conditional Uses Permitted. In a VC zone the following uses and their accessory uses may be permitted subject to the provisions of Chapter 15.125 BMC:

Uses Permitted with Special Development Standards. The following uses are permitted in accordance with the provisions of Chapters 15.95 and 15.100 BMC:

Lot Size and Width. In the VC zone the lot size shall be as follows:

Yard Requirements. In a VC zone the yards shall be as follows:

Height of Buildings. In a VC zone no principal building shall exceed a height of 35 feet or two stories, whichever is greater. No accessory building shall exceed a height of one story or 22 feet, whichever is less.

Lot Coverage. In a VC zone buildings shall not occupy more than 50 percent of the lot area. Total impervious surface will not exceed 90 percent of the lot area.

The supplementary use provisions as outlined in Chapters 15.85 and 15.115 BMC shall apply.

Clear-Vision Area. Development on the lot will be designed to provide a clear-vision area for vehicles exiting the lot. This clear-vision area will be formed by the intersection of the driveway center line, the street right-of-way line, and straight line joining said lines through points 20 feet from their intersection.

Uses Permitted Outright. In an LI zone the following manufacturing uses and their accessory uses, including rental and sales, are typical of those permitted outright:

Conditional Uses Permitted. In an LI zone the following uses and their accessory uses may be permitted subject to the provisions of Chapter 15.125 BMC:

Uses Permitted with Special Development Standards. The following uses are permitted in accordance with the provisions of Chapters 15.95 and 15.100 BMC:

Yard Requirements. In an LI zone the yards shall be as follows:

Height of Buildings. In an LI zone, no principal building shall exceed a height of 45 feet.

Lot Coverage. In an LI zone, the total impervious surface will not exceed 80 percent of the lot area.

The supplementary use provisions as outlined in Chapters 15.85 and 15.115 BMC shall apply.

Sewage. Prior to the time a newly established use begins operation, adequate provision shall be made for the disposal of sewage and waste materials in accordance with the requirements of the City of Brownsville, the Linn County Health Department and the State Department of Environmental Quality, and any other public agency having appropriate regulatory jurisdiction.

Heat, Glare and Light. Except for exterior lighting, operations producing heat or glare shall be conducted entirely within an enclosed building and shall not be discernible at or beyond the property line. Exterior lighting shall be directed away from and not reflect onto adjacent properties or streets.

Vehicle Access. Access points to property from a street shall be located to minimize traffic congestion, and maximum effort shall be made to avoid directing traffic into residential areas. Before a street, other than an arterial, which is a boundary between a residential district and an LI zone, or a street which is within a residential zone, is used for any vehicular access to an LI zone, such use of those streets must first have been approved by the City Administrator.

Environmental Quality Standards. All uses in an LI zone shall comply with standards adopted by the Department of Environmental Quality for air, land, water, and noise. Prior to approval of a conditional use application or building permit, evidence shall be submitted to the City indicating that the proposed use or activity has been approved by all appropriate regulatory agencies. Evidence shall be in the form of a letter or copy of a permit from the regulatory agency.

Open Storage Yards. All yard areas, exclusive of those required to be landscaped, may be used for materials and equipment storage yards or areas and may be used for the purposes permitted in the LI zone, provided such yard areas are enclosed with an ornamental sight-obscuring fence, wall or a hedge capable of attaining a height sufficient to screen the open area from any street or highway or from any residential area within two years.

Odors. The emission of odorous gases or matter in such quantities as to be readily detectable at any point beyond the property line of the use creating such odors is prohibited.

Health Hazards. All grounds shall be maintained in a manner which will not create a health hazard.

Uses Permitted Outright. In an HI zone the following uses and their accessory uses are typical of those permitted outright:

Conditional Uses Permitted. In an HI zone the following uses and their accessory uses may be permitted subject to the provisions of Chapter 15.125 BMC:

Uses Permitted with Special Development Standards. The following uses are permitted in accordance with the provisions of Chapters 15.95 and 15.100 BMC.

Yard Requirements. In an HI zone the yards shall be as follows:

Height of Buildings. In an HI zone no principal building shall exceed a height of 45 feet.

Lot Coverage. In an HI zone the total impervious surface will not exceed 85 percent of the lot area.

Access. Industrial lands shall have access to major highway and railroad facilities provided in a manner so that residential and commercial areas are not adversely affected by industrial traffic.

Outside Storage. In an HI zone outside storage abutting or facing a lot in a residential zone shall be enclosed by a sight-obscuring fence. The fence shall obstruct the storage from view on the sides of the property abutting or facing a lot in the residential zone. The fence shall be of a material and design that will not detract from adjacent residences and shall be built according to plans submitted by the owner or authorized agent and approved by the City Administrator.

Lighting, Heat and Glare. Except for exterior lighting, operations producing heat and glare shall be conducted so as to have no negative effect on residential or commercial zones. Exterior lighting shall be directed away from adjacent zones or streets.

All grounds shall be maintained in a manner which will not create a health hazard.

Other Requirements. The use shall comply with Department of Environmental Quality regulations.

The supplementary use provisions as outlined in Chapters 15.85 and 15.115 BMC shall apply.

Intent. Within Brownsville, certain areas have been recognized for their unique physical setting and potential development qualities. All development shall meet standards intended to recognize and maintain the natural environment; to respect natural hazards, drainage problems and the unique setting of these areas, and to provide for access needs.

Application. An application for developing the special development zone shall include the following:

Review Procedure. Within the special development zone, a special review procedure is hereby established. Plans shall be submitted which address the requirements listed in this section. All developments shall be classified as either simple or complex.

Conditional Uses. In a P zone all public uses are permitted subject to the provisions in Chapter 15.125 BMC.

Yard Requirements. No specific yard standards shall be provided. Yard requirements may be determined on an individual basis and guided by the prevailing yard requirements in the immediate vicinity, as well as the need to minimize congestion and to provide light and air to the abutting property.

Height of Buildings. In a P zone no building shall exceed a height of 35 feet.

Lot Coverage. In a P zone buildings shall not occupy more than 50 percent of the lot area. Total impervious surface will not exceed 80 percent of the lot area.

The supplementary use provisions as outlined in Chapter 15.85 and 15.115 BMC shall apply.

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

If the primary dwelling on one abutting lot has a front yard of less 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 required front yard depth.

In a residential zone the minimum distance shall be 30 feet except at intersections that include an alley, 10 feet.

In all other zones the minimum distance shall be 15 feet except at intersections which include an alley, 10 feet, except that when the angle of intersection between streets other than an alley is less than 30 degrees, the distance shall be 25 feet.

Height of Buildings. See specific zone.

If the accessory structure is attached to the primary structure and is roofed and sided with the same material as the primary structure, then the height of the accessory structure may be increased to the height of the primary use.

Fences and hedges shall not conflict with requirements of a vision clearance area.

A greenhouse or hothouse may be maintained accessory to a dwelling.

Drainage plans shall show how the drainage system will relate to natural features, be designed to minimize existing and potential drainage and erosion problems related to the development, and how natural drainage channels shall be kept open by indicating:

Drainage plans shall be provided for the following types of development:

The City Administrator shall review any proposed land use action when any part of a lot or proposed lot adjoins the Calapooia River. The Administrator shall review the proposed request in relation to the following standards related to the protection of fish and wildlife habitats:

If the City Administrator finds that damaging effects described in subsections (A)(1) and (2) of this section could occur from the proposed request, then the Administrator could impose the following conditions to any land use application approval in order to maintain, enhance and protect existing fish and wildlife habitats along the river:

The following practices are exempt from the conditions described in subsections (B)(1) through (4) of this section:

Fences. Shall be permitted in public facilities and all zoning districts.

Chain Link Fences. Shall be permitted in all zoning districts.

Privacy Fences. Shall be permitted in all zoning districts in rear and side yards. Fences shall not exceed six feet in height above the natural grade unless a building permit is obtained.

Shrubbery or Hedges. Shall be permitted in public facilities and all zoning districts provided they do not encroach upon the abutting property. Responsible owner shall maintain shrubbery and grass on both sides of the vegetation.

Barbed Wire or Stockade Fences. Shall be permitted in the light and heavy industrial zones only in rear and side yards. Said fences may be to a height not exceeding six feet unless a building permit is obtained.

Deer Fencing.

General. Any and all fences shall comply with vision clearance distances as described herein. All fences must be constructed of wood, chain link, stone, rock, concrete block, masonry brick, brick, decorative wrought iron, or other material(s) which are similar in durability. Unacceptable fence materials include cast-off, secondhand, and other items not originally intended to be fencing (examples include plywood less than five-eighths-inch thick, low-grade plywood, particle board, paper, visqueen plastic, plastic tarp and similar materials, razor wire and other dangerous materials, sheet metal, roll metal, and corrugated metal).

Noncommercial flags or banners.

On-premises signs in the industrial and volume commercial zones on buildable lots which:

Signs placed by local, state or federal governments for purposes of traffic control or construction, maintenance, or identification of roads, streets, highways or facilities.

Signs shall be of rigid material, except for noncommercial flags or banners or single event signs.

Sign graphics, including borders, must be carved, molded, applied, cast, painted or stained.

All signs in residential zones, if lighted, must be by direct illumination.

Projecting signs shall give a minimum vertical clearance from the ground or sidewalk of eight feet.

All signs will be securely anchored and maintained to ensure public safety.

Signs shall be maintained in a neat, clean manner.

All lighted signs must be in a manner as to not disturb neighboring property or create safety or traffic hazards.

All internally lit, molded plastic signs must conform to the style of the era 1880 to 1912.

Except for noncommercial flags or banners or single event signs, paper, fabric or flexible plastic signs, outside any building.

Rotating or otherwise movable signs.

Flashing signs.

Freestanding signs more than six feet in height, measured from the established ground elevation of the placement site.

Signs with a total sign area (total square footage of all sides) greater than one and one-half times the total lineal footage of the property line the sign is fronting.

Signs placed on, affixed to, or painted on any motor vehicle, trailer or other mobile structure not registered, licensed and insured for use on public highways.

Signs located, drawn, or placed upon a tree, rock, or other natural feature.

Signs which obstruct the vision clearance area (as defined in the Brownsville zoning code) of a street or driveway intersection. Also, signs which obstruct the ingress or egress through any door, window, fire escape, standpipe, or like facility required or designated for safety or emergency use.

Signs or sign structures which are determined by the Building Official to constitute a hazard to the public safety or health by reason of poor structural design or construction, inadequate maintenance, lack of repair, or dilapidation.

Off-Premises Signs. Off-premises signs are allowed in all zones, subject to the following regulations, in addition to the other provisions of this division:

On-Premises Signs. On-premises signs are allowed, upon issuance of a sign permit, in all zones, subject to the following regulations, in addition to the other provisions of this division:

No nonconforming sign shall be changed, expanded or altered in any manner which would increase the degree of its nonconformity; nor be structurally altered to prolong its useful life; nor be moved in whole or in part to any other location where it would remain nonconforming.

Termination of Nonconforming Signs.

No person shall place on, apply to the surface of any building, erect, construct, place or install any permanent sign in the areas defined in BMC § 15.90.010, unless an authorized sign permit has been issued by the City for such sign. Application for a sign permit shall be made by the permittee in accordance with BMC § 15.90.100.

No person having a permit to erect a sign shall construct or erect same in any manner, except in the manner set forth in his approved application permit.

All authorized sign permits shall expire after six months unless the sign is constructed and installed according to this division.

Application for an authorized sign permit shall be filed with the City Recorder.

The applicant shall submit two copies of:

Any sign except internally lit, plastic molded signs, meeting all of the requirements of this division, will be issued an authorized sign permit by the City Recorder within five working days of submittal.

All internally lit, plastic molded signs will be reviewed by a sign review committee consisting of three members of the Historic Review Board and two members of the Chamber of Commerce, and if found to meet all of the requirements of this division, will be issued an authorized sign permit by the City Recorder within 14 days of submittal.

No application fee is required under this section.

An application fee for an appeal shall be filed by the applicant in an amount established by resolution of the Brownsville City Council.

The failure of any person responsible to abate a sign as directed by the City Recorder to do so shall constitute a violation. If any person responsible has appealed the City Recorder's determination that the sign is a nuisance to the Council, he/she may not be cited under this section until the City Council has ruled on the appeal and the person responsible has failed to comply with the Council's ruling.

Violation of this division is punishable by a fine not to exceed $500.00. Each day in which any violation shall continue shall be a separate offense.

The remedies provided in this division are cumulative and not exclusive and shall be in addition to any and all other remedies available to the City.

Public Hearing. The Planning Commission shall hold a public hearing prior to authorizing any mining or drilling activity within the City limits. The hearing shall be held within 45 days after the Department of Geology and Mineral Industries or the Division of State Lands review comments are received.

Notice. Prior to a public hearing the City Administrator shall notify all parties that might be affected by the resource extraction. Notice shall be published in a newspaper having general circulation within the City of Brownsville at least once not less than five days and not more than 15 days prior to the hearing. Notice shall also be posted at City Hall, the City library and the post office. All abutting property owners shall be mailed notice. The cost of notification shall be borne by the applicant.

Permit Issuance. The City Administrator shall issue a development permit after a public hearing if, in the Planning Commission's judgement, the developer has met the requirements of this division and the development is not a threat to the public health, safety or welfare. The developer and the City Administrator shall then jointly sign the agreement.

Appeal. Any aggrieved party may appeal the decision of the Planning Commission to the City Council. The City Council shall review the appeal under the conditional use procedure. If no appeal is filed within 15 days of the Planning Commission's decision, the decision shall be final.

A decision by the Planning Commission on an application for a resource development permit shall be based on the following criteria:

The agreement as specified in BMC § 15.95.020 shall continue to control the development during its operation and after operations have ceased. The following shall apply:

The planned unit development is an effective and unified treatment of the development possibilities on the project site while remaining consistent with the Comprehensive Plan and making provision for the preservation of natural features such as drainage channels, river banks, wooded cover and rough terrain.

The planned unit development shall be compatible with the area surrounding the project site considering the location, arrangement, height and bulk of buildings; location and design of open space; the nature and location of transportation and parking facilities, and the proposed use of buildings and land.

Financing is available to the applicant sufficient to assure completion of the planned unit development.

The planned unit development is in conformance with all applicable policies of the Comprehensive Plan.

The streets are adequate to support the anticipated traffic and the development will not overload the streets outside the planned area.

The proposed utility and drainage facilities are adequate for the population densities and type of development proposed, and will not create a drainage or pollution problem outside the planned area.

Dimensional and Bulk Standards.

Size of the Planned Unit Development.

Common Open Space.

Accessory Uses in a Planned Unit Development. In addition to the accessory uses typical of the primary uses authorized, accessory uses approved as a part of a planned unit development may include the following uses:

A map showing street systems, lot or partition lines and other divisions of land for management, use or allocation purposes.

Areas proposed to be conveyed, dedicated or reserved for public streets, parks, parkways, playgrounds, school sites, public buildings and similar public and semi-public uses.

A plot plan showing the approximate location of buildings, structures, and parking areas, sidewalks, roads, open space areas, other transportation facilities, and other improvements.

Elevation and perspective drawings of the proposed structure.

A development schedule indicating:

Agreements, provisions or covenants which govern the use, maintenance and continued protection of the planned unit development and any of its common open space area.

The following plans and diagrams, if the reviewing body finds that the planned unit development creates special problems:

Information showing the relationship of the planned unit development to adjacent uses, both existing and proposed.

A financial program which provides satisfactory evidence that the thoroughfare, parking area, sidewalks and other public facilities and utilities shall be completed as approved by the City.

Within six months following the approval of the preliminary development plan, the applicant shall file with the Planning Commission a final development plan containing in final form the information required in the preliminary plan. The Planning Commission may extend for six months the period for the filing of the final development plan.

If the Planning Commission finds evidence of a material deviation from the preliminary development plan, the Planning Commission shall advise the applicant to submit an application for amendment of the planned unit development. An amendment shall be considered in the same manner as an original application.

Manufactured homes are permitted outright in the LDR, MDR and HDR zones, subject to the following conditions:

Manufactured home parks are permitted outright in the LDR and MDR zones, subject to approval of a development permit. Each application for a manufactured home park development permit shall be accompanied by a development plan containing a plot plan, site details as related to topography, public utilities, parking, streets and landscaping, beginning and completion dates and any other reasonably related information. The development plans shall comply with the following minimum standards:

Permits and Approvals.

Existing Manufactured Dwelling Parks. Manufactured dwelling parks existing at the time of adoption of the ordinance codified in this chapter shall be permitted to remain provided no additions, alterations or plot plan changes are made. A permit is required for additions, alterations or plot plan changes to an existing manufactured dwelling park constructed after adoption of the ordinance codified in this division.

Definition. The terms "trailer house" and "recreational vehicle" as used in this section shall include a trailer house, trailer coach, motor home, recreational vehicles (RV), auto home, camp car, camp trailer, boat trailer or camperette, and any unit used for living or sleeping purposes which is equipped with wheels or similar devices for the purposes of transporting said unit from place to place, by motor power or other means.

Maximum Time Periods.

Wheel Removal. The removal of the wheels for the setting of a trailer coach on posts or footings shall not be considered as removing said trailer coach from the regulations affecting trailer coaches.

Public Sewer Connection. It shall be unlawful for any person occupying or using any trailer coach or trailer house within the City of Brownsville to use any toilet, sink, lavatory or similar equipment therein, unless and except the same be connected with the public sewer or an approved septic tank, in accordance with the ordinances of the City of Brownsville relating thereto.

Trailer Parks to Comply. There shall be no trailer park or camp established or operated within the City of Brownsville, unless the same shall have fully complied with all of the laws and regulations of the state of Oregon and ordinances of the City of Brownsville pertaining to the establishment and operation of trailer parks and camps.

Penalty. Any person convicted of a violation of this section shall be fined not more than $200.00. Each day of violation shall constitute a separate offense.

The maximum size of any secondary residence shall be no greater than 800 square feet of interior floor space.

A single-family dwelling may have no more than one secondary residence and only one secondary residence shall be allowed per tax lot. If the secondary residence is a separate structure, the secondary residence shall be separated from the primary residence by a minimum of six feet.

Any structure serving as a secondary residence must satisfy all setback and other requirements for the zone in which it is located, and must meet all relevant building code and fire safety requirements.

Two parking places shall be provided for the secondary residence. These spaces may be in tandem.

Notwithstanding any other height limitations elsewhere in this division, for the secondary residence the ridge of pitched roofs with a minimum slope of 6:12 may extend up to 28 feet. The ridge of pitched roofs with a minimum slope of 4:12 may extend up to 23 feet. All parts of the roof above 18 feet shall be pitched.

The maximum lot coverage for the principal residence and all accessory structures, including the secondary residence, shall not exceed 30 percent.

The structure serving as a secondary residence shall be constructed in a substantially similar style as the primary residence, and exterior materials such as siding shall be similar to those used on the primary residence.

Structures serving as secondary residences shall comply with all building code requirements for residential use.

The secondary residence may utilize the water and sewer connections for the main residence in most cases. However, if the layout and size of the property is such that there is a reasonable possibility of the secondary residence being partitioned onto a separate tax lot in the future, separate connections may be required, and such connections shall be laid out to allow for such partitioning. When a secondary residence is connected through the water and sewer connections of the primary residence the property shall be billed in the same manner as for a duplex with a single water meter.

Variances from the requirements applicable to the zoning district will not be granted by the Planning Commission for the construction of a secondary residence.

Prior to using any structure as a secondary residence, the owner shall apply to the City Administrator for a permit authorizing such use. The application shall contain such information as the City may require to determine whether the application satisfies all relevant criteria. The City Council may set a fee for this permit adequate to cover the cost of processing and issuing the permit. For new structures, no building permit may be issued until such permit authorizing a secondary residence has been issued. For existing structures being converted to residential use, the applicant shall obtain a special inspection from the Building Department certifying that the structure satisfies all residential standards before a permit may be issued. In the case that the City Administrator denies an application for a secondary residence permit, the decision may be appealed to the City Council. An appeal shall be filed within 14 days of the City Administrator's final action, and in such form as the City may require. The City Council may set a fee for appeals.

After a permit authorizing a secondary residence has been issued, the owner shall record as a deed restriction in the Linn County Recorder's Office a certification by the owner under oath in a form proved by the City that one of the dwelling units is occupied by the owner(s) of the property as the owner(s) principal and permanent residence. When ownership of a single-family residence with an approved secondary residence changes, the new owner(s) shall either record a new owner occupancy certification or remove the secondary residence. Failure to record a new certificate or remove the secondary residence within 60 days of transfer of ownership, falsely certifying owner occupancy, or failure to comply with the terms of owner occupancy certification shall be considered violations of the zoning code, and subject to the penalties listed herein.

Remove the kitchen and all food preparation and storage areas, including all cooking appliances, refrigerators, dishwashers and any special wiring or gas plumbing for them, and the kitchen sink and cabinets; or

Remove either the toilet or the bathtub/shower from the bathroom, including the plumbing serving them; and

Arrange for an inspection of the structure by a representative of the City to document that the work has been completed;

After a secondary residence has been removed, it may not be reoccupied until it has been inspected by the Linn County Building Department to certify that it complies with residential occupancy standards.

The following marijuana uses are permitted as conditional uses in the following zones, subject to the provisions of Chapter 15.125 BMC. Marijuana uses not listed as conditionally permitted in this section are prohibited.

In addition to complying with the provisions of Chapter 15.125 BMC, marijuana uses must also comply with the following conditions:

For purposes of this chapter the following definitions apply:

Residential type of development and number of parking spaces:

Commercial type of development and number of parking spaces:

Institutional, public and quasi-public type of development and number of parking spaces:

Industrial type of development and number of parking spaces:

Requirements for a building or development not specifically listed herein shall be determined by the City Administrator based upon the requirements of comparable uses listed. The decision of the City Administrator may be appealed to the Planning Commission.

Parking spaces in a public street, alley or parking lot shall not be eligible to fulfill any part of the parking requirements, except that they may be considered in the OTC zone.

Except for residential uses, required parking facilities may be located on an adjacent parcel of land or separated only by an alley, provided the adjacent parcel is maintained in the same ownership as the use it is required to serve. In a residential zone, required parking shall not be located in a required front or side yard setback area abutting a public street.

In the event that several uses occupy a single structure or parcel of land, the total requirements for off-street parking shall be the sum of the requirements for the several uses computed separately.

Required parking facilities of two or more uses, structures or parcels of land may be satisfied by the same parking facilities used jointly, to the extent that it can be shown by the owners or operators that the need for the facilities does not materially overlap (e.g., uses primarily of a daytime versus a nighttime use) and provided that such right of joint use is evidenced by a deed, lease, contract or similar written instrument establishing such joint use.

Required parking shall be available for parking of operable passenger vehicles of residents, customers and employees only, and shall not be used for the storage or display of vehicles or materials.

Delineation of individual parking spaces.

Circulation area necessary to serve spaces.

Access to streets, alleys and properties to be served.

Curb cuts.

Dimensions, continuity and substance of screening.

Grading, drainage, surfacing and subgrading details.

Delineations of all structures or other obstacles to parking and circulation on the site.

Specifications as to signs and bumper guards.

A driveway for a single-family or two-family dwelling shall have a minimum width of 10 feet.

Except for a single-family or two-family dwelling, groups of more than three parking spaces shall be provided with adequate aisles or turn-around areas so that all vehicles may enter the street in a forward manner.

Except for a single-family or two-family dwelling, more than three parking spaces shall be served by a driveway designed and constructed to facilitate the flow of traffic on and off the site, with due regard to pedestrian and vehicle safety, and shall be clearly and permanently marked and defined. In no case shall two-way and one-way driveways be less than 20 feet and 12 feet in width, respectively.

Driveways, aisles, turn-around areas and ramps shall have a minimum vertical clearance of 12 feet for their entire length and width but such clearance may be reduced in parking structures.

Service drives to public streets shall have a minimum vision clearance area formed by the intersection of the driveway center line, the street right-of-way line, and a straight line joining said lines through points 20 feet from their intersection. No obstruction over 24 inches in height that has a cross section over 12 inches shall be permitted in such an area.

The following off-street parking development and maintenance shall apply in all cases, except single-family and two-family dwellings.

The minimum area required for commercial and industrial loading spaces is as follows:

The required loading area shall not be less than 10 feet in width by 25 feet in length and shall have an unobstructed height of 14 feet.

Required loading facilities shall be installed prior to final building inspection and shall be permanently maintained as a condition of use.

A driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading children shall be located on the site of a school having a capacity greater than 25 students.

All loading spaces shall be situated so as to minimize backing onto public rights-of-way.

Except for single-family dwellings, if a nonconforming use involving a structure is discontinued from active use for a period of one year, further use of the property shall be for conforming use. Nonconforming single-family dwellings may return to residential use after being used for commercial, public, or other nonresidential use.

A single-family dwelling that existed on or prior to the effective date of the ordinance codified in this division shall be allowed to be altered, remodeled, expanded, or enlarged in compliance with the applicable sections of this division. Single-family dwellings may be reconstructed if unintentionally destroyed, if reconstruction commences within one year from the date of destruction.

If a nonconforming use not involving a structure is discontinued for a period of one year, further use of the property shall be a conforming use.

All applicable provisions of the conditional use procedure (See Chapter 15.125 BMC) shall apply in addition to the following criteria for any request considered under BMC § 15.120.040 and this section:

Prior to filing a request for modification of a nonconforming use, building, or lot, a pre-application conference shall be held with the City Planner where the applicant shall be advised of the information required and the procedures to be followed. The filing procedure, as found in Chapter 15.125 BMC, Conditional Uses, shall be followed for the public review required by this section.