3.0.30.01   Residential Use Types.

Residential Use Types include the occupancy of living accommodations on a wholly or primarily non-transient basis. Also included is development that is Accessory to these Uses as specified in Chapter 4.3 - Accessory Development Regulations, and Home Business as defined in Chapter 1.6 - Definitions.

a.

Cottage Cluster - A type of household residential development that includes a minimum of three Cottages, with a footprint of less than 900 square feet each, and results in a density of four or more Cottages per acre, located on a single lot that includes a common courtyard. A Cottage Cluster comprised of manufactured dwellings is not a Manufactured Dwelling Facility.

b.

Day Care, Residential - Babysitting or care of 16 or fewer children, including resident family members, as Accessory to any Residential Use Type. Day Care, Residential is not subject to the definition of Home Business, as contained in Chapter 1.6 - Definitions. This Use Type is classified per ORS 329A.440 as a family child care home.

c.

Group Residential - A single unit with seven (7) or more rooms used for sleeping purposes that are offered for rent, but with rooms, individually or collectively, that do not constitute separate dwelling units. Typical uses include occupancy of boarding houses, cohousing, rooming houses, single room occupancies, fraternity and sorority houses, and cooperatives. A Group Residential use is limited to one unit per legal lot or parcel and is contained within a single Residential Building Type "Other" defined in Chapter 1.6 - Definitions.

d.

Home Business - A lawful activity commonly carried on for profit within a dwelling and that meets all provisions contained in the Home Business definition in Chapter 1.6 - Definitions.

e.

Household Residential - Residential occupancy of a dwelling unit. The dwelling unit is contained within one of the Residential or Mixed Use Building Types defined in Chapter 1.6 - Definitions. Household Residential excludes Group Residential uses.

f.

Manufactured Dwelling Facility - A type of residential development where four or more manufactured dwellings or mobile homes are located within 500 feet of one another on a lot. A Manufactured Dwelling Facility is not a Cottage Cluster. The primary purpose of the facility is to rent spaces for manufactured homes and/or mobile homes. The applicable Oregon Revised Statutes that pertain to Manufactured Dwellings and facilities are ORS 446.155 through ORS 446.285, and ORS 455.010. The Oregon Administrative Rule pertaining to Manufactured Dwellings is OAR Chapter 918, Division 500-520. The State of Oregon Manufactured Dwelling and Park Specialty Code, which is a min/max code, governs construction requirements for manufactured and mobile homes.

g.

Real Estate Services, Residential - Real estate sales office in a subdivision or residential development that contains more than 50 lots or dwelling units. Activities support the sale of lots or dwelling units within the development that remain available for sale to the public. The use is typically accessory to primary residential uses within the subdivision or development, but may occur within a building on its own lot. See ORS 197.312.

h.

Residential Care Facility - A facility licensed by the state that provides Residential Care in one or more buildings on contiguous properties for socially dependent individuals or individuals with physical disabilities, and to accommodate the resident staff persons engaged in their care. See ORS 443.400. A Residential Home, as defined in ORS 197.660, is not a Residential Care Facility.

3.0.30.02   Civic Use Types.

Civic Use Types include the performance of utility, educational, recreational, cultural, protective, governmental, and other Uses strongly vested with public or social importance. Also included is development that is Accessory to these Uses, as specified in Chapter 4.3 - Accessory Development Regulations.

a.

Administrative Services - Consulting, record keeping, clerical, or public contact services that deal directly with the public, together with incidental storage and maintenance of necessary vehicles. This Use Type excludes Professional and Administrative Services. Typical Uses are governmental offices.

b.

Community Recreation - Recreational, social, or multi-purpose Uses typically associated with parks, play fields, golf courses, interpretive centers associated with parks, or community recreation buildings.

c.

Cultural Exhibits and Libraries - Museum-like preservation and exhibition of objects in one or more of the arts and sciences, gallery exhibition of works of art, or library collection of books, manuscripts, etc., for study and reading.

d.

Essential Services - Services necessary to support development such as installation and/or maintenance of utilities, services involving only minor structures such as lines and poles, phone booths, fire hydrants, bus stops, benches, and mailboxes.

e.

Group Assembly - Meetings and activities primarily conducted for members of such groups. Excludes Group Residential and Lodging Services Use Types. Typical Uses include synagogues, temples, and churches; and meeting places for civic clubs, lodges, or fraternal or veteran organizations. Includes activities customarily associated with the practices of a religious activity outlined in ORS 227.500.

f.

Schools - Public and private educational facilities, excluding Vocational or Professional Training facilities as defined in 3.0.30.03.ee.

g.

Major Services and Utilities - Services and utilities that have substantial impacts. Such Uses may be permitted when the public interest supersedes the usual limitations placed on land use and the Uses transcend the usual restraints of the zone for reasons of necessary location and community-wide interest. Typical Uses include sanitary landfills, airports, hospitals, detention and correctional institutions, and mass transit waiting stations or turnarounds. Excludes the University Services and Facilities Use Type.

h.

Minor Utilities - Public utilities that have a local minor impact on surrounding properties. Typical Uses include electrical and gas distribution substations, wind generators, and radio facilities. Excludes Wireless Telecommunication Facilities Use Types.

i.

Parking Services - Public parking garages and lots.

j.

Postal Services - the following are Postal Services Use Types:

1.

Customer - Mailing services and processing as traditionally operated or leased by postal and parcel service companies, provided the facilities serve an immediate neighborhood and are pedestrian-accessible, and the services and processing are oriented toward customers who can do business on the premises.

2.

Community-Based - Mailing services and processing as traditionally operated or leased by postal and parcel service companies, but which may or may not include customer access on the premises. These facilities may be distribution centers and/or larger facilities that serve a broad part of the community, as opposed to an immediate neighborhood.

k.

Public Safety - Services that provide protection to a zone or entity according to Fire and Life Safety Code sections, together with the incidental storage and maintenance of necessary vehicles. Typical Uses include fire stations, police stations, and ambulance services.

l.

Social Service Facilities - Facilities operated in the interest of the physical and mental health and welfare of the community's population. Typical services include two or more of the following: individual counseling, family counseling, meal services, medical and/or dental services in structures less than 3,000 sq. ft. in size, short-term overnight accommodations, and office and administrative functions related to any or all of these services. Excludes the Medical Services Use Type.

m.

University Services and Facilities - Services and facilities customarily associated with a major university. Typical Uses include housing facilities, classrooms, Research Services as defined in Section 3.0.30.03.y, recreational amenities, parking facilities, and Commercial Uses that directly serve the student/faculty population or research/educational mission of the university.

n.

Wireless Telecommunication Facilities - the site, structures, equipment, and appurtenances used to send and receive radio frequency transmissions for wireless telecommunication services such as cellular telephone, personal communication services, enhanced/specialized mobile radio, and commercial paging services. Such facilities include antennas, poles, towers, cables, wires, conduits, ducts, pedestals, vaults, buildings, electronics, and switching equipment.

1.

Colocated/Attached Wireless Telecommunication Facility - A facility attached to an existing pole, tower, or other structure including, but not limited to, a structure that can accommodate the future installation of two or more antenna systems.

2.

Freestanding Wireless Telecommunication Facility - A new tower, monopole, or other unattached structure erected to support wireless communication antennas and connecting appurtenances.

3.0.30.03   Commercial Use Types.

Commercial Use Types include the distribution, sale, and/or rental of goods and the provision of services other than those classified as Civic Uses. Also included is development that is Accessory to these Uses, as specified in Chapter 4.3 - Accessory Development Regulations.

a.

Agricultural Sales

1.

On-site sale of feed, grain, fertilizers, pesticides and similar goods. Typical Uses include nurseries, hay, and feed and grain stores; and

2.

On-site retail sale of agricultural food products, provided all of the following are met:

a.

The associated structures are used for the sale of farm crops and livestock grown on the site or in the local agricultural area, and grown at least in part by the operator of the facility;

b.

As used in this subsection "2" the phrase "farm crops and livestock" includes both fresh and processed farm crops and livestock grown on the site or in the local agricultural area, but does not include the sale or auctioning of live animals;

c.

As used in subsection "2.b" above, the phrase "processed crops and livestock" includes jams, syrups, apple cider, animal products and other similar farm crops and livestock that have been processed and converted into another product, but does not include food items prepared for immediate consumption;

d.

As used in this subsection "2" the phrase "local agricultural area" includes the Oregon counties of Benton, Linn, Lane, Marion, Polk, and Lincoln;

e.

The retail and associated structures do not include any dining areas and do not include any structures or outdoor areas for banquets, public gatherings or public entertainment; and

f.

The size of the space dedicated to the on-site retail sales of agricultural food products does not exceed 1,500 sq. ft. This space may be located in existing buildings, additions to existing buildings, and/or new buildings.

b.

Agricultural Services - Provision of agriculturally related services with incidental storage on off-site lots. Typical Uses include crop dusting and tree service firms.

c.

Animal Sales and Services - the following are Animal Sales and Services Use Types:

1.

Auctioning - Auctioning of livestock on a wholesale or retail basis with incidental storage of animals for a period not exceeding 72 hours. Typical Uses include animal auctions and livestock auction yards.

2.

Grooming - Grooming of dogs, cats, and similar small animals. Typical Uses include dog bathing, clipping salons, and pet grooming shops.

3.

Horse Stables - Boarding, breeding, or raising of horses not owned by the occupants of the premises, or riding of horses by other than the occupants of the premises or their nonpaying guests. Typical Uses include boarding stables and public stables.

4.

Kennels - Kennel services for dogs, cats, and similar small animals. Typical Uses include boarding kennels and dog training centers.

5.

Stockyards - Stockyard services involving temporary housing of livestock for slaughter, market or shipping. Typical Uses include stockyards and animal sales yards.

6.

Veterinary (Large Animals) - Veterinary services for large animals. Typical Uses include animal hospitals and veterinary hospitals for large animals.

7.

Veterinary (Small Animals) - Veterinary services for small animals. Typical Uses include pet clinics, dog and cat hospitals, and animal hospitals for small animals.

d.

Automotive and Equipment - Sales of motor vehicles or services related to motor vehicles, which do not fall into the description of Retail Sales. The following are Automotive and Equipment Use Types:

1.

Car Wash - Washing, polishing, or detailing of automobiles. Typical Uses include car washes. This Use Type does not include auto repair, auto equipment repair, or installation of auto parts, which is classified as Automotive and Equipment - Light Equipment Repairs.

2.

Fleet Storage - Storage of vehicles used regularly in business operation and not available for sale; or long-term storage of operating vehicles. Typical Uses include taxi fleets, mobile-catering truck storage, and auto storage garages.

3.

Parking Services - Temporary parking of motor vehicles within a privately owned off-street parking area. Typical Uses include commercial parking lots and garages.

4.

Heavy Equipment Repairs - Repair of trucks and other heavy equipment; sale, installation, or servicing of automotive equipment and parts; and body repairs, painting, and steam cleaning. Typical Uses include engine repair shops, auto body shops, and motor freight maintenance groups.

5.

Light Equipment Repairs - Repair of automobiles and the sale, installation, or servicing of automobile equipment and parts. Excludes auto body repairs and painting. Typical Uses include muffler shops, auto or motorcycle repair garages, and auto glass shops.

6.

Farm Equipment Sales/Rentals - Retail or wholesale sale and/or rental of farm equipment together with incidental maintenance. Typical Uses include farm equipment dealers.

7.

Heavy Equipment Sales/Rentals - Retail or wholesale sale and/or rental of heavy construction equipment, trucks, and/or aircraft, together with incidental maintenance. Typical Uses include aircraft dealers, heavy construction equipment dealers, tractor trailer dealers, motorhome and boat dealers, and recreational vehicles sales and rental agencies.

8.

Light Equipment Sales/Rentals - Retail or wholesale sale and/or rental of autos, noncommercial trucks, motorcycles, and/or trailers with less than 10,000 lbs. gross cargo weight, together with incidental maintenance, that is not entirely enclosed within a building. Typical Uses include automobile dealers and car rental agencies. Sales and/or rentals that are entirely enclosed within a building, with no exterior product storage or display, are considered Retail Sales.

9.

Storage of Nonoperating Vehicles - Storage of nonoperating motor vehicles. Typical Uses include storage of private parking towaways and impound yards.

10.

Storage of Recreational Vehicles and Boats - Storage of recreational vehicles and boats. Typical Uses include the collective storage of personal recreational vehicles and boats.

e.

Building Maintenance Services - Provision of maintenance and custodial services to commercial and industrial establishments. Typical Uses include janitorial, landscape maintenance, and window cleaning services.

f.

Business Equipment Sales and Services - Sale, rental, or repair of office, professional, and service equipment and supplies to firms rather than to individuals. Excludes Automotive and Equipment, Construction Sales and Services, and Farm Equipment Sales/Rentals Use Types. Typical Uses include office equipment and supply firms, small business machine repair shops, and hotel equipment and supply firms.

g.

Business Support Services - Provision of clerical, employment, protective, or minor processing services to firms rather than individuals. Storage of goods other than samples is prohibited. Typical Uses include secretarial services, telephone answering services, and blueprint services.

h.

Communications Service Establishments - Broadcasting and other information relay services accomplished through use of electronic and telephonic mechanisms. Excludes services classified as Major Services and Utilities and Minor Utilities. Typical Uses include television and radio studios, telecommunication service centers, and telegraph service offices.

i.

Construction Sales and Services - Construction activities and incidental storage on lots other than construction sites. Also includes the retail or wholesale sale, from the premises, of materials used in the construction, maintenance, and repair/remodel of buildings or other structures, provided that such retail or wholesale Uses include the sale of heavy construction material such as lumber, cement, fencing, and/or roofing materials. Excludes Use Types classified as Automotive and/or Heavy Equipment. Typical Uses include building materials stores, tool and equipment rental or sales, and building contracting/construction offices.

j.

Day Care, Commercial Facility - An institution, establishment, or place that commonly receives at one time more than 16 children not of common parentage, for a period not to exceed 12 hours per given day for the purposes of being given board, care, or training, apart from their parents or guardians, for compensation or reward in accordance to ORS 329A, as amended. This Use Type is classified per ORS 329A.440 as a child care center.

k.

Drive-through Facilities - Facilities that directly serve patrons in motor vehicles. Typically, this Use Type depends on a driveway or drive area that provides adequate room for vehicle stacking at a drive-up service window. See also Parking Lot Kiosk in "w" below.

l.

Eating and Drinking Establishments - Sale of prepared food and beverages for consumption on and/or off the premises. Typical uses include restaurants (sit-down or take-out), coffee shops, and bars.

m.

Explosive Storage - Storage of any quantity of explosives in accordance with ORS 480, as amended. Typical Uses include storage in the course of manufacturing selling, or transporting explosives or storage in the course of blasting operations.

n.

Financial, Insurance, and Real Estate Services - Financial, insurance, real estate or securities brokerage services. Typical Uses include banks, insurance agencies, and real estate firms.

o.

Funeral and Interment Services - Provision of services involving the care, preparation, or disposition of human dead. The following are Funeral and Interment Services Use Types:

1.

Cremating - Crematory services involving the purification and reduction of the human body by fire. Typical Uses include crematories and crematoriums.

2.

Interring - Interring services involving the storage of human bodies other than in cemeteries. Typical Uses include columbariums and mausoleums.

3.

Undertaking - Undertaking services involving preparing the dead for burial and arranging and managing funerals. Typical Uses include funeral homes and mortuaries.

4.

Cemeteries - A place for burying the dead; graveyard.

p.

Fuel Sales - Retail sale of petroleum products with incidental sale of tires, batteries, and replacement items, lubricating services, and minor repair services. Typical Uses include automobile service stations, filling stations and truck stops.

q.

Laundry Services - Laundering, dry cleaning, or dyeing services other than those classified as Convenience Sales and Personal Services. Typical Uses include laundry agencies, diaper services, and linen supply services.

r.

Lodging Services - Provision of temporary overnight accommodations with incidental food, drink, and other sales and services intended for the convenience of guests. The following are Lodging Services Use Types:

1.

Campground - Areas for travelers in recreational vehicles or tents. Typical Uses include recreational vehicle parks.

2.

Hotels/Motels - Provision of room or room and board in hotels or motels.

3.

Bed and Breakfast Facilities - Provision of room or room and board in bed and breakfast inns that do not comply with the Home Business definition in Chapter 1.6 - Definitions.

s.

Medical Services - Personal health services including prevention, diagnosis, treatment, and rehabilitation services provided by physicians, dentists, nurses, and other health personnel; and medical testing and analysis services. Typical Uses include hospitals, medical offices, dental laboratories, and health maintenance organizations. Excludes Civic and Group Residential/Group Care Use Types.

t.

Parking Lot Kiosk - A Commercial Use in a structure that is less than 120 sq. ft. in size and located within the parking lot of a development site. Parking Lot Kiosks typically contain Eating and/or Drinking Establishments, Food and/or Beverage Sales, Retail Sales, and/or Personal Services. Parking Lot Kiosks are allowed either when a zone identifies Drive-through Uses as Permitted Uses or when Parking Lot Kiosk is listed as a Permitted Use.

u.

Participant Sports and Recreation - Provision of sports or recreation primarily by and for participants. Spectators are incidental and present on a nonrecurring basis. The following are Participant Sports and Recreation Use Types for either general or personal use:

1.

Indoor - Conducted in an enclosed building. Typical Uses include bowling alleys, billiard parlors, swimming pools, and physical fitness centers.

2.

Outdoor - Conducted in open facilities. Typical Uses include driving ranges, miniature golf courses, golf courses, and swimming pools.

v.

Personal Services - Provision of personal services. Typical Uses include laundromats/dry cleaners, barbershops, and beauty salons.

w.

Professional and Administrative Services - Professional, executive, management or administrative offices of private firms or organizations. Typical Uses include administrative offices, legal offices, and architectural firms.

x.

Repair Services, Consumer - Provision of repair services to individuals and households, but not to firms. Excludes Automotive and Equipment Use Types. Typical Uses include appliance repair shops, apparel repair firms, and musical instrument repair firms.

y.

Research Services - Research of an industrial or scientific nature generally provided as a service or conducted by a public agency or private firm. Typical Uses include electronics research laboratories, environ-mental research and development firms, agricultural and forestry research labs, and pharmaceutical research labs.

z.

Retail Sales - Sale or rental of commonly used goods and merchandise for personal or household use. Excludes Agricultural Sales, Animal Sales and Services, Automotive and Equipment, Business Equipment Sales and Services, Construction Sales and Services, and Fuel Sales. Typical Uses include department stores, grocery stores, gift shops, bookstores, flea markets, liquor stores, and furniture stores. Also includes retail or wholesale sale and/or rental of autos, noncommercial trucks, motorcycles, and/or trailers with less than 10,000 lbs. gross cargo weight, that is entirely enclosed within a building and does not include exterior product display or storage.

aa.

Scrap Operations - Storage, sale, dismantling, or other processing of used, source-separated, or waste materials not intended for reuse in their original form. Typical Uses include automotive wrecking yards, junk yards, paper salvage yards and recycling facilities.

bb.

Spectator Sports and Entertainment - Provision of cultural, entertainment, athletic, and other events to spectators. Also includes events involving social or fraternal gatherings. The following are Spectator Sports and Entertainment Use Types:

1.

Limited - Uses conducted on a development site and in an enclosed indoor area that generate an attendance of 299 or fewer people. Typical Uses include small theaters and meeting halls.

2.

Other - Uses conducted on a development site in an open outdoor area and/or Uses conducted on a development site that generate an attendance of 300 or more people. Typical Uses include multi-plex theaters, large theaters, large exhibition halls, and sports stadiums.

cc.

Technology and Support Services - A center or facility where employees receive and make contact with the public to promote products and/or services, or provide technical support with regard to specific manufactured items. This use type also applies to facilities used to store and operate computer systems and associated components. Typical uses include call centers, customer support centers, data centers, technical support centers, and telemarketing centers.

dd.

Temporary Outdoor Markets - Retail sales, personal services, or food and beverage sales that are conducted wholly or partially in an outdoor setting oriented to pedestrian activity and public gathering, and temporary in nature. Temporary Outdoor Markets must not persist more than 45 days per calendar year per property. Permanent structures are not a part of these Uses. Typical Uses include farmers' markets, community festivals, and seasonal sales of produce and Christmas trees.

ee.

Vocational or Professional Training - Private businesses providing vocational or technical training services for adult learning that are not part of public or private K-12 educational uses, and are not part of an accredited institution of higher education.

ff.

Wholesale, Storage, and Distribution - Wholesaling, storage, distribution, and handling of materials and equipment other than live animals and plants. The following are Wholesaling, Storage, and Distribution Use Types:

1.

Mini-Warehouses - Storage or warehousing service within a building for individuals to store personal effects and for businesses to store materials for operation of an industrial or commercial enterprise elsewhere. Incidental Uses in a mini-warehouse may include the repair and maintenance of stored materials by the tenant, but in no case may storage spaces in a mini-warehouse facility function as an independent retail, wholesale, business, or service Use. Spaces may not be used for workshops, hobby shops, manufacturing, or similar Uses. Human occupancy is limited to that required to transport, arrange and maintain stored materials.

2.

Light - Wholesaling, storage, and warehousing services within enclosed structures. Typical Uses include wholesale distributors, storage warehouses and moving and storage firms.

3.

Heavy - Open-air storage, distribution, and handling of materials and equipment. Typical Uses include monument or stone yards and grain elevators.

3.0.30.04   Industrial Use Types.

Industrial Use Types include the on-site production of goods by methods not Commercial, Agricultural, or Extractive in nature. Also included is development that is Accessory to these Uses as specified in Chapter 4.3 - Accessory Development Regulations.

a.

Limited Manufacturing - Establishments that employ 20 or fewer persons per shift unless otherwise specified by the applicable zone, do not involve outside storage of materials, do not require state or federal air quality discharge permits (except for parking), are compatible with nearby Residential Uses because there are few or no offensive external effects, and are primarily engaged in one of the following:

1.

On-site production of hand-manufactured goods involving use of hand tools or light mechanical equipment. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for customers or firms. Goods are generally not displayed or sold on site, but if so, this activity(ies) is a subordinate part of total sales. Typical Uses include instruction studios, ceramic studios, woodworking and cabinet shops, custom jewelry manufacturing, and similar types of arts and crafts or small-scale manufacturing;

2.

Manufacturing or assembling of electronic components, medical and dental supplies, computers, or other manufacturing establishments with similar characteristics. Goods generally are not displayed or sold on site, but if so, this activity(ies) is a subordinate part of total sales; or

3.

On-site production or processing of food products. Food products may be finished or semi-finished and are generally made for the wholesale market, transfer to other businesses, or direct retail sales off-site. On-site retail sale of goods must be a subordinate part of total sales. Limited Manufacturing excludes the activities of slaughtering animals, and canning, rendering, tanning, and reduction of meat.

b.

Technological Production - Research and development, production, processing, assembling, or packaging of products that rely upon research and technological innovation. Typical Uses include manufacturing research instruments, electronic products, and surgical and medical instruments. Excludes Uses that require state or federal air quality discharge permits (except for parking).

c.

General Industrial

1.

Uses -

a)

Production, processing, assembling, packaging, or treatment of food and non-food products; or

b)

Manufacturing and/or assembly of electronic instruments and equipment and electrical devices.

2.

Attributes - General Industrial Uses may require state or federal air quality discharge permits, but do not have nuisance conditions that are detectable from the boundaries of the subject property. Nuisance conditions can result from any of the following:

a)

Continuous, frequent, or repetitive noises or vibrations;

b)

Noxious or toxic fumes, odors, or emissions;

c)

Electrical disturbances; or

d)

Night illumination into residential areas.

Exceptions: Noise and vibrations from temporary construction; noise from vehicles or trains entering or leaving the site; noise and vibrations occurring fewer than 15 minutes per day; an odor detected for fewer than 15 minutes per day; or noise detectable only as part of a composite of sounds from various off-site sources.

d.

Intensive Industrial - Manufacturing, processing, or assembling of materials in a manner that would create any of the commonly recognized nuisance conditions or characteristics described above in the General Industrial Use Type classification.

3.0.30.05   Agricultural Use Types.

Agricultural Use Types include the on-site production of plant and animal products by agricultural methods. Also included is development that is Accessory to these Uses, as specified in Chapter 4.3 - Accessory Development Regulations.

a.

Animal Husbandry - Raising and breeding of livestock.

b.

Animal Waste Processing - Processing of animal waste and by-products, including animal manure, animal bedding waste, and similar by-products of animal husbandry operations, for use as a commercial fertilizer, soil amendment or compost.

c.

Aquaculture - the cultivation of aquatic animals and plants, especially fish, shellfish, and seaweed, in natural or controlled marine or freshwater environments, typically for research or commercial purposes.

d.

Horticulture - Horticultural and flora cultural specialties such as flowers, shrubs, and trees intended for ornamental or landscaping purposes, or for the production of food producing plants, shrubs, or trees. The following are Horticulture Use Types:

1.

Cultivation - Cultivation of plants.

2.

Storage - Storage of plants, primarily in containers.

e.

Packing and Processing - Packing or processing of agricultural crops, animals, and their by-products that entails more than picking, cutting, sorting, and boxing or crating. Excludes the activities of canning, rendering, tanning, or reduction of meat. The following are Packing and Processing Use Types:

1.

Limited - Packing or processing of crops grown on the premises.

2.

General - Packing or processing of crops, animals, or their by-products regardless of where they were grown.

f.

Row and Field Crops - Cultivation of agricultural products grown in regular or scattered patterns. Crops include vines, field, forage, and other plant crops intended to provide food or fibers.

g.

Tree Crops - Cultivation of tree-grown agricultural products such as orchards for apples and cherries.

h.

Garden - A plot of ground, or other area such as on a rooftop, balcony, fence, wall, or window sill, that is used to grow food-producing or ornamental plants, shrubs, or trees. Gardens are intended for personal use or consumption, or for off-site sales. On-site sales of garden products are prohibited.

i.

Market Garden - Commercial production and processing of fruit, vegetables, flowers, and other plants, animal products, and honey. Market Gardens are only accessory uses to Residential Use Types, except in the OSU zone. The residential character of the associated dwelling must be maintained and the activity conducted in such a manner as not to give an outward appearance nor manifest any characteristics of a business in the ordinary meaning of the term. The activity also does not infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their homes.

j.

Community Garden - A plot of ground, or other area such as on a rooftop, located on public or private land, and managed collectively by a group for the purpose of growing food-producing or ornamental plants. Community Gardens are only accessory uses to Civic Use Types, except in the OSU zone or as required in the RS-12 and RS-20 zones. Examples of community gardens include, but are not limited to, neighborhood gardens, school gardens, therapeutic gardens, demonstration gardens, and gardens operated on public lands. End products are typically consumed by those tending the garden, but may also be donated, or sold on or off-site.

3.0.30.06   Extractive Use Types.

Extractive Use Types include the on-site production of mineral products by extractive methods. Also included is development that is Accessory to these Uses as specified in Chapter 4.3 - Accessory Development Regulations.

Mining and Processing - Surface or subsurface mining of metallic and nonmetallic minerals, oil, or gas, together with essential on-site processing and production of only nonmetallic mineral products. Typical Uses are borrow pits, oil and gas drilling rigs, and concrete batch plants.

(Ord. No. 2023-01, eff. 2-8-2023; Ord. No. 2022-12, eff. 6-1-2022; Ord. No. 2022-06, eff. 3-17-2022; Ord. No. 2012-16, eff. 12-13-2012; Ord. No. 2012-19, eff. 12-13-2012; and Ord. No. 2012-18, eff. 12-13-2012; Ord. No. 2025-03, § 7(Exh. A), eff. 3-27-2025; Ord. No. 2025-25, § 6(Exh. A), eff. 6-12-2025)

3.2.80.01   Eligibility.

a.

Structures must be 4,000 sq. ft. or more and built before December 31, 2006; or

b.

The lot must have frontage on or near an Arterial Highway, Arterial, Collector, or Neighborhood Collector Street.

3.2.80.02   Burden of Proof.

The applicant must prove that:

a.

The structure cannot feasibly be used for the uses permitted outright in Section 3.2.40 without creating undue financial hardship for both tenants and owners. This may be proved by meeting both of the following:

1.

Providing factual data and information on the potential costs of using the structure for residential use compared to estimated potential rent or purchase prices for tenants or owners. Factual data and information on the potential costs of using the structure for residential use must pertain to items such as heating and cooling bills, costs of renovation and repair, continued maintenance, costs for acquisition of additional land, construction for parking, etc.; and

2.

Demonstrating that an earnest effort has been made to retain the structure for residential use through established marketing procedures such as advertising, brochures, telephone contact, contact with real estate and marketing professionals, etc.

OR

b.

It is in the best interest of the community to convert the structure to the Professional and Administrative Services Use Type. This may be proved by meeting either of the following:

1.

Showing that the structure is included on the Corvallis Register of Historic Landmarks and Districts; and, demonstrating that substantial alterations would be necessary to retain the structure for residential use and that alterations would result in the loss or reduction of Historical Significance or architectural significance.

OR

2.

Showing that the structures, or portions of structures, proposed to be converted meet the Eligibility criteria from 3.2.80.01; and demonstrating that the proposed conversion is consistent with the Zone Change Review Criteria in LDC Section 2.2.40.05. If all applicable criteria are met, a proposed conversion would be considered to be consistent with Comprehensive Plan Policies 8.10.5 and 8.12.4; however, proposed conversions in the North 9 ^th Street area will not be allowed, consistent with the direction of Comprehensive Plan Policy 8.12.1.

3.2.80.03   Development Site Design.

To ensure that the character of the structure and site will be preserved after conversion, the applicant must submit plans, in addition to the site plan required in Chapter 2.3 - Conditional Development, that indicate the following:

a.

Proposed exterior facade treatment;

b.

Interior remodeling with respect to major structural changes;

c.

Landscaping;

d.

Proposed signage;

e.

Changes resulting from the conversion that will upgrade the structure and site and aid in the retention of Historically Significant or architecturally significant elements; and

f.

Any other structural or site changes that would affect the structure's character.

3.2.80.04   Reserved.

Editor's note— Ord. No. 2023-19, § 2(Exh. B), effective June 30, 2023, repealed § 3.2.80.04. Former § 3.2.80.04 pertained to required off-street parking and derived from Ord. No. 2023-01, effective February 8, 2023.

3.3.70.01   Green Area.

a.

A minimum of 30 percent of the gross lot area and a minimum of 20 percent for Townhouses on interior lots, must be retained and improved or maintained as permanent Green Area, as defined in Chapter 1.6 - Definitions.

b.

A minimum of 10 percent of the gross lot area must consist of vegetation consisting of landscaping or naturally preserved vegetation. Landscaping within the required Green Area must be permanently maintained in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, and Lighting. Landscaping must primarily consist of ground cover, ferns, trees, shrubs, or other living plants and with sufficient irrigation to properly maintain all vegetation. Drought-tolerant plant materials are encouraged. Design elements such as internal sidewalks, pedestrian seating areas, fountains, pools, sculptures, planters, and similar amenities may also be placed within the permanent Green Areas.

c.

Cottage Cluster development is exempt from Section 3.3.70.

3.3.70.02   Private and Common Outdoor Space Standards for Multi-Dwellings.

a.

A minimum 48 sq. ft. per dwelling unit of Private and/or Common Outdoor Space is required.

b.

Additional Private Outdoor Space standards:

1.

The required minimum area for each Private Outdoor Space is 48 sq. ft., with a minimum dimension of 5-ft. diameter.

2.

Private Outdoor Space must be directly accessible by door from the interior of the individual dwelling unit served by the space.

c.

Additional Common Outdoor Space standards:

1.

Each Common Outdoor Space must have minimum dimensions of 20 ft. by 20 ft.

2.

Common Outdoor Space must not be located within any required landscape buffer or minimum setback area abutting a street.

3.3.70.03   Outdoor Space Exception.

When a Development Site is Adjacent to a City park or within the Downtown Residential Neighborhood (as defined in Chapter 1.6 - Definitions), the total required Private/Common Outdoor Space area is reduced by 25 percent.

(Ord. No. 2025-03, § 10(Exh. B), 3-27-2025)

3.3.80.01   Eligibility.

a.

Structures must be 4,000 sq. ft. or more and built before December 31, 2006; or,

b.

The lot must have frontage on or near an Arterial Highway, Arterial, Collector, or Neighborhood Collector Street.

3.3.80.02   Burden of Proof.

The applicant must prove that:

a.

The structure cannot feasibly be used for the Uses permitted outright in Section 3.3.40 without creating undue financial hardship for both tenants and owners. This may be proved by meeting both of the following:

1.

Providing factual data and information on the potential costs of using the structure for Residential Use compared to estimated potential rent or purchase prices for tenants or owners. Factual data and information on the potential costs of using the structure for Residential Use must pertain to items such as heating and cooling bills, costs of renovation and repair, continued maintenance, costs for acquisition of additional land, construction for parking, etc.; and

2.

Demonstrating that an earnest effort has been made to retain the structure for Residential Use through established marketing procedures such as advertising, brochures, telephone contact, contact with real estate and marketing professionals, etc.

OR

b.

It is in the best interest of the community to convert the structure to the Professional and Administrative Services Use Type. This may be proved by meeting either of the following:

1.

Showing that the structure is included on the Corvallis Register of Historic Landmarks and Districts; and demonstrating that substantial alterations would be necessary to retain the structure for Residential Use and that alterations would result in the loss or reduction of Historical Significance or architectural significance;

OR

2.

Showing that the structures, or portions of structures, proposed to be converted meet the Eligibility criteria from 3.3.80.01; and demonstrating that the proposed conversion is consistent with the Zone Change Review Criteria in LDC Section 2.2.40.05. If all applicable criteria are met, a proposed conversion would be considered to be consistent with Comprehensive Plan Policies 8.10.5 and 8.12.4; however, proposed conversions in the North 9 ^th Street area will not be allowed, consistent with the direction of Comprehensive Plan Policy 8.12.1.

3.3.80.03   Development Site Design.

To ensure that the character of the structure and site will be preserved after conversion, the applicant is required to submit plans in addition to the site plan required in Chapter 2.3 - Conditional Development that indicate the following:

a.

Proposed exterior facade treatment;

b.

Interior remodeling pertaining to major structural changes;

c.

Landscaping;

d.

Proposed signage;

e.

Changes resulting from the conversion that will upgrade the structure and site and aid in the retention of Historically Significant or architecturally significant elements; and

f.

Any other structural or site changes that would affect the structure's character.

3.3.80.04   Reserved.

Editor's note— Ord. No. 2023-19, § 2(Exh. B), effective June 30, 2023, repealed § 3.3.80.04. Former § 3.3.80.04 pertained to required off-street parking and derived from Ord. No. 2023-01, effective February 8, 2023.

3.4.50.01   RS-20 Development Standards

(Ord. No. 2023-19, § 11(Exh. B), eff. 6-30-2023; Ord. No. 2025-03, § 11(Exh. B), 3-27-2025)

3.4.50.02   Structure Height and Building Mass.

a.

Where a property in the RS-20 Zone abuts a property in the RS-9 Zone, the height of structures in the RS-20 Zone is limited to a maximum of 35 ft. within a distance of 20 ft. from the Medium Density Residential property. Where a street separates the land zoned RS-20 from the land zoned RS-9, this height restriction must be in accordance with "c", below. See Figure 3.4-1—Required Height Transition Area When a Development is Zoned RS-20 and is Next to Land Zoned RS-9.

Figure 3.4-1—Required Height Transition Area When a Development is Zoned RS-20 and is Next to Land Zoned RS-9

b.

Where a property in the RS-20 Zone abuts a property within the RS-6 Zone, the height of structures in the RS-20 Zone is limited to a maximum of 35 ft. and two stories in height within the first 50 ft.; and a maximum of 45 ft. in height within a distance of 50—100 ft. from the Low Density Residential property. Where a street separates the land zoned RS-20 from the land zoned RS-6, this height restriction must be in accordance with "c," below. See Figure 3.4-2—Required Height Transition Area When a Development is Zoned RS-20 and is Next to Land Zoned RS-6.

Figure 3.4-2—Required Height Transition Area When Development is Zoned RS-20 and is Next to Land Zoned RS-6.

c.

Where the RS-20 Zone is separated from the Low or Medium Density Residential zone by an existing or planned street, the measurements outlined in "a," and "b," above, must be taken from the RS-20 side of the street, and the street must not be counted to satisfy the distance needed for the step-down in height. In cases where the RS-20 zoning boundary immediately abuts the Low or Medium Density Residential zoning boundary, and an existing or planned street is located within the RS-20 Zone and also abutting the Low or Medium Density Residential zoning boundary, the street must not be counted to satisfy the distance needed for the step-down in height. See Figure 3.4-1—Required Height Transition Area When a Development is Zoned RS-20 and is Next to Land Zoned RS-9 and Figure 3.4-2—Required Height Transition Area When a Development is Zoned RS-20 and is Next to Land Zoned RS-6.

d.

Where a property in the RS-20 Zone abuts a property in the RS-6 Zone, buildings on the perimeter of the RS-20 site and closest to the Low Density Residential Zone must be limited to 150 ft. in length.

e.

Exceptions:

Cottage Cluster development is subject to the maximum structure height provisions of Section 4.10.55—Standards for Cottage Clusters.

Architectural projections attached to a structure and not used for human occupancy, such as chimneys, spires, domes, elevator shaft housings, and towers must not exceed a height of 75 feet.

Flagpoles are subject to the maximum structure height provisions of Section 4.7.70.b of this Code.

(Ord. No. 2025-03, § 11(Exh. B), 3-27-2025)

3.4.70.01   Green Area.

a.

A minimum of 25 percent of the gross lot area and a minimum of 15 percent for Townhouses on interior lots, must be retained and improved or maintained as permanent Green Area, as defined in Chapter 1.6 - Definitions.

b.

A minimum of 10 percent of the gross lot area must consist of vegetation consisting of landscaping or naturally preserved vegetation. Landscaping within the required Green Area must be permanently maintained in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, and Lighting. Landscaping must primarily consist of ground cover, ferns, trees, shrubs, or other living plants and with sufficient irrigation to properly maintain all vegetation. Drought-tolerant plant materials are encouraged. Design elements such as internal sidewalks, pedestrian seating areas, fountains, pools, sculptures, planters, and similar amenities may also be placed within the permanent Green Areas.

c.

Cottage Cluster development is exempt from Section 3.4.50.01.

3.4.70.02   Private and Common Outdoor Space Standards for Multi-Dwellings.

a.

A minimum 48 sq. ft. per dwelling unit of Private and/or Common Outdoor Space is required.

b.

Additional Private Outdoor Space standards:

1.

The required minimum area for each Private Outdoor Space is 48 sq. ft., with a minimum dimension of 5-ft. diameter.

2.

Private Outdoor Space must be directly accessible by door from the interior of the individual dwelling unit served by the space.

c.

Additional Common Outdoor Space standards:

1.

Each Common Outdoor Space must have minimum dimensions of 20 ft. by 20 ft.

2.

Common Outdoor Space must not be located within any required landscape buffer or minimum setback area abutting a street.

3.4.70.03   Outdoor Space Exceptions.

When a Development Site is Adjacent to a City park or within the Downtown Residential Neighborhood (as defined in Chapter 1.6 - Definitions), the total required Private/Common Outdoor Space area is reduced by 25 percent.

(Ord. No. 2025-03, § 11(Exh. B), 3-27-2025)

3.4.80.01   Eligibility.

a.

Structures must be 4,000 sq. ft. or more and built before December 31, 2006; or

b.

The lot must have frontage on or near an Arterial Highway, Arterial, Collector, or Neighborhood Collector Street.

3.4.80.02   Burden of Proof.

The developer must prove that:

a.

The structure cannot feasibly be used for the uses permitted in Section 3.4.40 without creating undue financial hardship for both tenants and owners. This may be proved by meeting both of the following:

1.

Providing factual data and information on the potential costs of using the structure for Residential Use compared to estimated potential rent or purchase prices for tenants or owners. Factual data and information on the potential costs of using the structure for Residential Use must pertain to items such as heating and cooling bills, costs of renovation and repair, continued maintenance, costs for acquisition of additional land, construction for parking, etc.; and

2.

Demonstrating that an earnest effort has been made to retain the structure for Residential Use through established marketing procedures such as advertising, brochures, telephone contact, contact with real estate and marketing professionals, etc.; or

b.

It is in the best interest of the community to convert the structure to the Professional and Administrative Services Use Type. This may be proved by meeting either of the following:

1.

Showing that the structure is included on the Corvallis Register of Historic Landmarks and Districts; and demonstrating that substantial alterations would be necessary to retain the structure for Residential Use and that alterations would result in the loss or reduction of Historical Significance or architectural significance; or

2.

Showing that the structures, or portions of structures, proposed to be converted meet the locational criteria from 3.4.50.01.b; and demonstrating that the proposed conversion is consistent with the Zone Change Review Criteria in LDC Section 2.2.40.05. If all applicable criteria are met, a proposed conversion would be considered to be consistent with Comprehensive Plan Policies 8.10.5 and 8.12.4; however, proposed conversions in the North 9 ^th Street area will not be allowed, consistent with the direction of Comprehensive Plan Policy 8.12.1.

3.4.80.03   Development Site Design.

To ensure that the character of the structure and site will be preserved after conversion, the applicant must submit plans in addition to the site plan required in Chapter 2.3—Conditional Development, that indicate the following:

a.

Proposed exterior façade treatment;

b.

Interior remodeling pertaining to major structural changes;

c.

Landscaping;

d.

Proposed signage;

e.

Changes resulting from the conversion that will upgrade the structure and site and aid in the retention of Historically Significant or architecturally significant elements; and

f.

Any other structural or site changes that would affect the structure's character.

3.4.80.04   Reserved.

Editor's note— Ord. No. 2023-19, § 2(Exh. B), effective June 30, 2023, repealed § 3.4.80.04. Former § 3.4.80.04 pertained to required off-street parking.

(Ord. No. 2025-03, § 11(Exh. B), 3-27-2025)

3.6.50.01   Minimum/Maximum Residential Densities.

a.

Minimum residential densities for strictly residential development within an MUR Zone must be 20 units per acre.

b.

Minimum residential densities for developments that include mixed uses within an MUR Zone must be 12 units per acre. For these mixed use developments, if less than 20 units per acre are provided, the development must include a minimum of 10 percent of the total gross floor area in nonresidential uses.

c.

Maximum Density - none.

3.6.50.02   Nonresidential Uses.

a.

Nonresidential uses in the MUR Zone must not exceed a size of 3,000 sq. ft. of gross floor area per Tenant Space and, cumulatively, must be limited to a maximum of 20 percent of the total gross floor area in the development site.

b.

Nonresidential uses must be developed as part of a Mixed Use Building Type (with the exception of Civic Uses) and must be developed to maintain a minimum density of 12 dwelling units per acre. When a development site is composed of two or more phases, each phase must also meet this standard.

3.6.50.03   MUR Development Standards.

3.6.50.04   Structure Height and Building Mass.

a.

Where a property in the MUR Zone abuts a property in the RS-9 Zone, the height of structures in the MUR Zone is limited to a maximum of 35 ft. within a distance of 20 ft. from the Medium Density Residential property. Where a street separates the land zoned MUR from the land zoned RS-9, this height restriction must be in accordance with "d" below. See Figure 3.6-1 - Required Height Transition Area When a Development is Zoned MUR and is Next to Land Zoned RS-9.

Figure 3.6-1 - Required Height Transition Area When a Development is Zoned MUR and is Next to Land Zoned RS-9

b.

Where a property in the MUR Zone abuts a property in the RS-6 Zone, the height of structures in the MUR Zone is limited to a maximum of 35 ft. or two stories in height within the first 50 ft.; and a maximum of 45 ft. in height within a distance of 50 - 100 ft. from the Low Density Residential property. Where a street separates the land zoned MUR from the land zoned RS-6, this height restriction must be in accordance with "d" below. See Figure 3.6-2 - Required Height Transition Area When a Development is Zoned MUR and is Next to Land Zoned RS-6.

Figure 3.6-2 - Required Height Transition Area When a Development is Zoned MUR and is Next to Land Zoned RS-6

c.

Where the MUR Zone is separated from the Low or Medium Density Residential zone by an existing or planned street, the measurements outlined in "b," and "c," above, must be taken from the MUR side of the street, and the street must not be counted to satisfy the distance needed for the step-down in height. In cases where the MUR zoning boundary immediately abuts the Low or Medium Density Residential zoning boundary, and an existing or planned street is located within the MUR Zone and also abutting the Low or Medium Density Residential zoning boundary, the street must not be counted to satisfy the distance needed for the step-down in height. See Figure 3.6-1 - Required Height Transition Area When a Development is Zoned MUR and is Next to Land Zoned RS-9 and Figure 3.6-2 - Required Height Transition Area When a Development is Zoned MUR and is Next to Land Zoned RS-6.

d.

Where a property in the MUR Zone abuts a property in the RS-6 Zone, buildings on the perimeter of the MUR site and closest to the Low Density Residential zone must be limited to 150 ft. in length.

e.

Exceptions:

Cottage Cluster development is subject to the maximum structure height provisions of Section 4.10.55 - Standards for Cottage Clusters

Architectural projections attached to a structure and not used for human occupancy, such as chimneys, spires, domes, elevator shaft housings, and towers must not exceed a height of 75 feet.

Flagpoles are subject to the maximum structure height provisions of Section 4.7.70.b of this Code.

(Ord. No. 2023-19, § 13(Exh. B), eff. 6-30-2023; Ord. No. 2025-03, § 13(Exh. B), 3-27-2025)

3.6.70.01   Green Area.

a.

A minimum of 20 percent of the gross lot area and a minimum of 10 percent for Townhouses on interior lots, must be retained and improved or maintained as permanent Green Area, as defined in Chapter 1.6 - Definitions.

b.

A minimum of 10 percent of the gross lot area must consist of vegetation consisting of landscaping or naturally preserved vegetation. Landscaping within the required Green Area must be permanently maintained in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, and Lighting. Landscaping must primarily consist of ground cover, ferns, trees, shrubs, or other living plants and with sufficient irrigation to properly maintain all vegetation. Drought-tolerant plant materials are encouraged. Design elements such as internal sidewalks, pedestrian seating areas, fountains, pools, sculptures, planters, and similar amenities may also be placed within the permanent Green Areas.

c.

Cottage Cluster development is exempt from Section 3.6.70.01.

3.6.70.02   Private and Common Outdoor Space Standards for Multi-Dwellings.

a.

A minimum 48 sq. ft. per dwelling unit of Private and/or Common Outdoor Space is required.

b.

Additional Private Outdoor Space standards:

1)

The required minimum area for each Private Outdoor Space is 48 sq. ft., with a minimum dimension of 5-ft. diameter.

2)

Private Outdoor Space must be directly accessible by door from the interior of the individual dwelling unit served by the space.

c.

Additional Common Outdoor Space standards:

1)

Each Common Outdoor Space must have minimum dimensions of 20 ft. by 20 ft.

2)

Common Outdoor Space must not be located within any required landscape buffer or minimum setback area abutting a street.

d.

Exceptions: When a Development Site is Adjacent to a City park or within the Downtown Residential Neighborhood (as defined in Chapter 1.6 - Definitions), the total required Private/Common Outdoor Space area is reduced by 25 percent.

(Ord. No. 2023-01, eff. 2-8-2023; Ord. No. 2025-03, § 13(Exh. B), 3-27-2025)

3.21.40.01   Lot Area.

Lots shall be adequate to fulfill applicable Code requirements and standards of this Zone.

3.21.40.02   Setbacks.

a.

Boundary Area -

1.

A setback of not less than 25 ft. shall be provided along each property line abutting any Residential, Agriculture-Open Space, or Special Zone. Off-street parking and loading shall be permitted in this area except for 15 ft. nearest the zone boundary line, which shall not be used for any Permitted Use, activity, or structure other than fences or walls, and shall be improved and maintained in accordance with Section 3.21.40.03 below.

2.

Exemptions from These Requirements -

a)

Those portions of property lines where driveways, accessways, and walkways are provided; and

b)

Lands along the Southern Pacific Railroad line south from Avery Avenue to the City limits.

b.

Along Streets - 20 ft. minimum

Where a yard abuts both a street and a zone boundary line, the 10 ft. nearest the zone boundary line shall not be used for any Permitted Use, activity, or structure other than fences or walls and shall be improved and maintained in accordance with Section 3.21.40.03 below. The boundary area in "a," above, may be counted in the calculation of required setbacks along streets.

c.

Except for those required by this Section and the Building Code, no additional yards/setbacks are required.

3.21.40.03   Landscaping, Lighting, Buffering, and Screening.

a.

Landscaping, lighting, buffering and screening must be provided in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, and Lighting.

b.

The Boundary Area setback required in Section 3.21.40.02 above shall be vegetated with a combination of ground cover, shrubbery, and trees, to serve as a buffer area between the site and abutting zones. In addition, when a site abuts a Residential zone, a minimum 6-ft. tall fence, wall or landscape screen consistent with Section 4.2.50 must be provided along the common property line.

3.21.40.04   Height of Structures.

a.

No structure shall exceed 45 ft. in height.

b.

Projections such as chimneys, spires, domes, and towers not used for human occupancy and exceeding 75 ft. in height, in accordance with Section 4.9.50 of Chapter 4.9 - Additional Provisions, unless adjacent to an RS-6, RS-9 Zone, where the threshold is 20 ft. above the height of the structure or 55 ft. in height, whichever is less, require review in accordance with Section 2.13 - Plan Compatibility Review. Note: Flagpoles subject to height requirements in Section 4.7.70.b of Chapter 4.7 - Sign Regulations.

3.21.40.05   Performance Standards.

Each Use, activity, or operation within this Zone shall comply with applicable local, state, and federal standards, and shall not create a nuisance because of odor, noise, vibration, dust, smoke or gas.

3.21.30.06   Off-Street Parking Facilities.

Off-street parking must meet the requirements of Chapter 4.1 - Parking, Loading, and Access Requirements.

(Ord. No. 2025-03, § 15(Exh. B), eff. 3-27-2025)

3.22.30.01   Lot Area.

Lots shall be adequate to fulfill applicable Code requirements and minimum standards of this Zone.

3.22.30.02   Setbacks.

a.

Boundary Area -

1.

A setback of not less than 100 ft. shall be provided along each property line abutting any Residential or Agriculture-Open Space Zone, or Willamette River Greenway. Off-street parking and loading shall be permitted in this setback area, except for the 35 ft. nearest the Residential, Agriculture-Open Space, or Willamette River Greenway property line, which shall not be used for any Permitted Use, activity, or structure other than fences or walls, and shall be maintained and improved in accordance with 3.22.30.03 below.

2.

Exemptions from These Requirements -

a)

Those portions of property lines where driveways, accessways, and walkways are provided; and

b)

Lands along the Southern Pacific Railroad line south from Avery Avenue to the City limits.

b.

Along Streets - the following minimum setback for any structure shall apply:

1.

Arterial Streets - 50 ft.

2.

Collector Streets - 40 ft.

3.

All other streets - 25 ft.

Where a yard abuts both a street and a zone boundary line, the 35 ft. nearest the zone boundary shall not be used for any Permitted Use, activity, or structure other than fences or walls, and shall be maintained and improved in accordance with Section 3.22.30.03 below. The boundary area as required in "a" above, may be counted in the calculation of required setbacks along streets.

c.

Except for those required in this Section and the Building Code, no additional yards/setbacks are required.

3.22.30.03   Landscaping, Lighting, Buffering, and Screening.

a.

Landscaping, lighting, buffering, and screening must be provided in accordance with Chapter 4.2 - Landscaping Buffering, Screening, and Lighting.

b.

The Boundary Area setback required in Section 3.22.30.02 above shall be vegetated with a combination of ground cover, shrubbery, and trees, to serve as a buffer area between the site and abutting zones. In addition, when a site abuts a Residential zone, a minimum 6-ft. tall fence, wall or landscape screen consistent with Section 4.2.50 must be provided along the common property line.

3.22.30.04   Height of Structure.

a.

No structure shall exceed 75 ft. in height.

b.

Projections such as chimneys, spires, domes, and towers not used for human occupancy and exceeding 75 ft. in height, in accordance with Section 4.9.50 of Chapter 4.9 - Additional Provisions, require review in accordance with Section 2.13 - Plan Compatibility Review. Note: Flagpoles subject to height requirements in Section 4.7.70.b of Chapter 4.7 - Sign Regulations.

3.22.30.05   Performance Standards.

Each Use, activity, or operation within this Zone shall comply with applicable local, state, and federal standards and shall not create a nuisance because of odor, vibration, noise, dust, smoke, or gas.

3.22.30.06   Off-Street Parking Facilities.

If provided, off-street parking must meet the requirements of Chapter 4.1 - Parking, Loading, and Access Requirements.

3.22.30.07   Special Provisions for Automotive and Equipment - Sales/Rentals, Light Equipment.

The purpose of reviewing the Automotive and Equipment-Sales/Rentals, Light Equipment Use Type as a Conditional Use is to determine appropriateness of the Use at a specific site based on the following criteria:

a.

The proposed site is needed due to a shortage of alternative sites that can accommodate this Use.

b.

Permitting the Use will not significantly reduce the overall supply and diversity of industrial land or negatively affect the developability of the balance of adjacent industrial land. Approval shall not be granted if the property was part of a larger parcel within the last 12 months.

c.

The site is a minimum of two acres and has frontage on an Arterial Street.

(Ord. No. 2025-03, § 16(Exh. B), eff. 3-27-2025)

3.23.30.01   Lot Area.

Lots shall be adequate to fulfill applicable Code requirements and standards of this zone.

3.23.30.02   Setbacks.

a.

Boundary Area -

1.

A setback of not less than 100 ft. shall be provided along each II Zone boundary line abutting any residential, Agriculture - Open Space, or Willamette River Greenway Zone. Off-street parking and loading shall be permitted in this area except for the 35 ft. nearest the zone boundary line, which shall not be used for any Permitted Use, activity, or structure other than fences or walls, and shall be maintained and improved in accordance with Section 3.23.30.03 below.

2.

Exemptions from These Requirements

a)

Those portions of property lines where driveways, accessways, or walkways are provided; and

b)

Lands along the Southern Pacific Railroad line south from Avery Avenue to the City limits.

b.

Along Streets - the following minimum setback for any structure shall apply:

1.

Arterial Streets - 75 ft.

2.

Collector Streets - 40 ft.

3.

All other streets - 25 ft.

Where a yard abuts both a street and a zone boundary line, the 35 ft. nearest the zone boundary shall not be used for any Permitted Use, activity, or structure other than fences or walls, and shall be maintained and improved in accordance with Section 3.23.30.03 below. The boundary area as required in "a" above may be counted in the calculation of required setbacks along streets.

c.

Except for those required in this Section and the Building Code, no additional yards/setbacks are required.

3.23.30.03   Landscaping, Lighting, Buffering, and Screening.

a.

Landscaping, lighting, buffering, and screening must be provided in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, and Lighting.

b.

The Boundary Area setback required in Section 3.23.30.02 above shall be vegetated with a combination of ground cover, shrubbery, and trees, to serve as a buffer area between the site and abutting zones. In addition, when a site abuts a Residential zone, a minimum 6-ft. tall fence, wall or landscape screen consistent with Section 4.2.50 must be provided along the common property line.

3.23.30.04   Height of Structure.

a.

No structure shall exceed 75 ft. in height.

b.

Projections such as chimneys, spires, domes, and towers not used for human occupancy and exceeding 75 ft. in height, in accordance with Section 4.9.50 of Chapter 4.9 - Additional Provisions, require review in accordance with Section 2.13 - Plan Compatibility Review. Note: Flagpoles subject to height requirements in Section 4.7.70.b of Chapter 4.7 - Sign Regulations.

3.23.30.05   Off-Street Parking Facilities.

Off-street parking must meet the requirements of Chapter 4.1 - Parking, Loading, and Access Requirements.

3.23.30.06   Changes to an Established Intensive Industrial Use.

Changes to an established Intensive Industrial Use must be reviewed in accordance with Chapter 2.3 - Conditional Development when either of the following occurs:

a.

A change in operation or increase in production creates the need to secure approval from an environmental permitting agency to increase air, water, or noise emissions unless such emission levels were approved by the City through a previous land use process; or

b.

Specific limits or conditions related to operations, physical expansion, etc. established by a previous land use approval are exceeded.

(Ord. No. 2025-03, § 17(Exh. B), eff. 3-27-2025)

3.24.20.01   Establishment of the RTC Zone.

This Zone may be requested by an owner of property identified on the Comprehensive Plan Map as Limited Industrial, Limited Industrial-Office, General Industrial, General Industrial-Office, and Mixed Use Transitional areas. Establishment of this Zone requires a public hearing by the Planning Commission in conjunction with a Planned Development Overlay and a Conceptual Development Plan consistent with Chapter 2.5 - Planned Development.

The applicant has three years from date of approval of the Conceptual Development Plan to complete a Plan Compatibility Review and be issued a Building Permit for a Primary Use. If no Building Permit has been issued prior to the expiration date, the Conceptual Development Plan shall expire and a new Conceptual Development Plan approval shall be required prior to the issuance of Building Permits.

3.24.20.02   Time Extension of Conceptual Development Plan Approval.

Applications for additional one-year extensions may be filed in accordance with the following procedures:

a.

An owner of property with an RTC Conceptual Development Plan may apply to have the Conceptual Development Plan approval extended beyond the three-year limit, provided that an application, on forms provided by the Director, is properly filed before the expiration of the Conceptual Development Plan.

b.

The Director shall process the request and mail notice to owners and occupants of all properties within 300 ft. of the subject property in accordance with Chapter 2.16 - Request for Interpretation. The Director shall grant a one-year extension of the expiration date upon finding that:

1.

Unforeseen circumstances or conditions have caused the delay;

2.

The applicant has demonstrated reasonable diligence in attempting to meet the time limits imposed; and

3.

Facts upon which the approval was based have not changed to an extent sufficient to warrant re-filing.

(Ord. No. 2025-03, § 18(Exh. B), eff. 3-27-2025)

3.24.40.01   Lot Area.

Minimum lot area for a development site shall be 50 acres. Individual lot sizes shall be adequate to fulfill applicable Code requirements and minimum standards of this Zone.

3.24.40.02   Setbacks.

a.

Boundary Area - the setback for the perimeter of a development site shall average 50 ft. along the building face for structures 30 ft. or less in building height. The minimum setback shall not be less than 30 ft. For a structure over 30 ft. in height, an additional setback of 2.5 ft. for every foot of height over 30 ft. shall be added to the average 50-ft. setback.

b.

Streets - Setbacks from streets along the perimeter of the development site shall average 60 ft. with a minimum setback of 40 ft.

c.

Interior Lot Lines - There are no requirements for separation between buildings or setbacks from any created interior lot lines other than those specified in the Building Code.

3.24.40.03   Height of Structure.

a.

No structure shall exceed 75 ft. in height.

b.

Projections such as chimneys, spires, domes, and towers not used for human occupancy and exceeding 75 ft. in height, in accordance with Section 4.9.50 of Chapter 4.9 - Additional Provisions, unless adjacent to an RS-6, RS-9 Zone, where the threshold is 20 ft. above the height of the structure or 85 ft. in height, whichever is less, require review in accordance with Section 2.13 - Plan Compatibility Review. Note: Flagpoles subject to height requirements in Section 4.7.70.b of Chapter 4.7 - Sign Regulations.

3.24.40.04   Site Coverage.

Building coverage shall not exceed 40 percent; total impervious surface excluding Green Area elements shall not exceed 60 percent of the entire development site. A minimum of 15 percent of the required Green Area shall be landscaping or preserved vegetation.

3.24.40.05   Performance Standards.

a.

Each Use, activity, or operation within this Zone shall comply with applicable state and federal standards and shall not create a nuisance because of odor, vibration, noise, dust, smoke, or gas.

b.

Mechanical equipment, outdoor storage areas, trash receptacles, and parking lots shall be screened from view from public places and neighboring properties, to the extent practicable, through use of features such as berms, fences, facades, and dense landscaping in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, and Lighting.

c.

There shall be a 30 ft.-wide landscaped area in the boundary area containing trees and shrubs with a fence or a berm. Within the street setback area, a 40 ft.-wide landscaped area shall be provided.

d.

Landscaping shall be in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, and Lighting. Landscaped areas shall be irrigated with permanent facilities sufficient to maintain the plant materials and shall be covered by living plant material capable of attaining 90 percent ground coverage within three years.

e.

Street trees and landscaping provisions not addressed differently in this Chapter are required in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, and Lighting.

f.

Long expanses of fences or walls along public streets shall be designed to prevent visual monotony through the use of off-sets, landscaping, and change in materials.

g.

Earth sculpting and other techniques shall be used to reduce building scale along the development site perimeter.

h.

Where structures are set back less than 60 ft. along a perimeter street, the building arrangement shall provide for open space linkages such that the required open space extends from the street into the interior of the site.

i.

Parking, loading, and access requirements shall be in accordance with Chapter 4.1 - Parking, Loading, and Access Requirements.

j.

Access shall be designed to minimize interference with traffic movement on abutting streets. Where the Director determines it is necessary, additional right-of-way shall be dedicated to maintain adequate traffic circulation.

k.

Metal siding and roof surfaces shall be covered and maintained with nonreflective paint.

l.

Artificial lighting shall be arranged and constructed not to produce direct glare on adjacent residential properties and shall be consistent with Chapter 4.2 - Landscaping, Buffering, Screening, and Lighting.

m.

Signage shall be designed and oriented to primarily serve those within the RTC development. Structures or portions of structures used for commercial purposes shall be designed to serve primarily those within the RTC development.

n.

The requirements in Chapter 4.10 - Pedestrian Oriented Design Standards shall apply to the following types of development in the RTC Zone, except as modified by "o" below, in which case "o" below, shall apply:

1.

All new buildings or structures for which a valid permit application has been submitted after December 31, 2006;

2.

Developments subject to Conditional Development and/or Planned Development approval, as required by a Condition(s) of Approval(s); and

3.

Independent or cumulative expansion of a commercial or civic structure in existence and in compliance with the Code on December 31, 2006, or constructed after December 31, 2006 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2006, shall comply with the pedestrian requirements of Chapter 4.10 - Pedestrian Oriented Design Standards as outlined in Section 4.10.70.01.

o.

Section 3.27.50 - Design Guidelines and Standards of Chapter 3.27 - Mixed Use Employment (MUE) Zone shall apply to industrial development within an RTC site.

(Ord. No. 2025-03, § 18(Exh. B), eff. 3-27-2025)

3.25.20.01   Establishment of the MUT Zone.

The MUT Zone may be applied to properties with an MUT designation on the Comprehensive Plan Map.

3.25.20.02   Zone Size and Dimensions.

The size of the MUT Zone shall be established through an area Refinement Plan. Public street rights-of-way shall not count toward the total area of the Zone.

(Ord. No. 2025-03, § 19(Exh. B), eff. 3-27-2025)