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Halsey City Zoning Code

CHAPTER 2

0 Zoning Districts

§ 2.1.100 Classification of Zoning Districts.

Chapter 2.1 establishes zoning districts consistent with the City of Halsey Comprehensive Plan. Every unit of land (parcel, lot, tract and right-of-way) is designated with a zoning district or “zone”.

§ 2.1.110 Zoning Map.

Zoning districts are depicted on the City of Halsey Zoning Map.
A. 
Adoption of the Halsey Zoning Map. The boundaries of each zoning district are shown on the City of Halsey Zoning Map, dated July 1, 2019, is hereby adopted by reference as a part of this Code. A certified print of the adopted zoning map, and any amendments, shall be maintained by the City.
B. 
Applicability of Zoning Requirements. Each parcel of land or portion thereof within the zoning district boundaries, as designated on the zoning map, is classified, zoned and limited to the uses as specified in this Code.
C. 
Zoning Map Amendments. All amendments to the City zoning map shall be made in accordance with the provisions of Chapter 4.7.
1. 
Copies of all map amendments shall be dated with the effective date of the ordinance adopting the map amendment, and shall be maintained without change, together with the adopting documents, on file at the City; and
2. 
The City shall make available for public inspection an up-to-date copy of the revised zoning map, so that it accurately portrays changes of zone boundaries or classification, as applicable.[1]
[1]
The Linn County, Oregon Geographic Information System (Linn GIS) website has up-to-date information on zoning, tax lots, aerial photography, flood plain boundaries, and other spatial information on all properties in the City of Halsey. Click link to go to Linn County GIS website: Linn County, Oregon GIS
3. 
Upon adoption of a zoning map amendment, the City Administrator shall provide a copy of the adopted ordinance to the Linn County Assessor and the Linn County Geographic Information Services office.

§ 2.1.120 Determination of Zoning District Boundaries.

Where due to the scale, lack of detail or illegibility of the Zoning Map, or due to any other reason there is uncertainty as to the intended location of a zoning district boundary line, the City Planner, or upon referral, the Planning Commission, shall determine the boundary in accordance with the following guidelines:
A. 
Boundaries indicated as approximately following the center lines of streets, highways, railroad tracks or alleys shall be construed to follow such center lines;
B. 
Boundaries indicated as approximately following the boundaries of a parcel or lot shall be construed as following such boundaries;
C. 
Boundaries indicated as approximately following a City boundary, or the Urban Growth Boundary, shall be construed as following said boundary;
D. 
Boundaries indicated as approximately following drainage channels or basins shall be construed as following drainage channels or basins; and
E. 
Whenever any public right-of-way is lawfully vacated, the lands formerly within the vacated right-of-way shall automatically be subject to the same zoning district designation that is applicable to lands abutting the vacated area. In cases where the right-of-way formerly served as a zoning district boundary, the lands formerly within the vacated right-of-way shall be allocated proportionately between the subject zoning districts.

§ 2.2.100 Purpose.

The Residential District is intended to promote the livability, stability and improvement of the City’s neighborhoods. This chapter provides standards for the orderly expansion and improvement of neighbor-hoods based on the following principles:
•
Make efficient use of land and public services and implement the Comprehensive Plan by providing minimum and maximum density standards for housing.
•
Accommodate a range of housing needs, including owner-occupied and rental housing.
•
Provide for compatible building and site design at an appropriate neighborhood scale.
•
Provide safe facilities and crossings for walking and bicycling.
•
Provide direct and convenient access to schools, parks and neighborhood services.
•
Maintain and enhance the City’s historic architecture.

§ 2.2.110 Permitted Land Uses.

A. 
Permitted Uses. The land uses listed in Table 2.2.110 are permitted in the Residential District, subject to the provisions of this chapter. Only land uses which are specifically listed in Table 2.2.110, and land uses which are approved as “similar” to those in Table 2.2.110, may be permitted. The land uses identified with a “CU” in Table 2.2.110 require Conditional Use Permit approval prior to development or a change in use, in accordance with Chapter 4.5.
B. 
Determination of Similar Land Use. Similar use determinations shall be made in conformance with the procedures in Chapter 4.8 – Code Interpretations.
Table 2.2.110
Land Uses and Building Types Permitted in the Residential District
1.
Residential
 
Single-family
 
a.
Single-family detached housing
 
b.
Accessory dwellings*
 
c.
Manufactured homes - individual lots*
 
d.
Manufactured Home Park* (CU)
 
e.
Single-family attached town home*
 
Two- and Three-Family
 
f.
Two- and three-family housing (duplex and triplex)*
 
Multi-family
 
g.
Multi-family housing*
 
Residential care
 
h.
Residential Care Homes and Residential Care Facilities*
 
i.
Family daycare
 
Tiny Home Developments
 
j.
Cluster of tiny homes on 1+ acre parcels* (CU)
2.
Home occupations*
3.
Agriculture, Horticulture*
4.
Public and Institutional* (CU):
 
a.
Churches and places of worship
 
b.
Government offices and facilities
 
c.
Libraries, museums, community centers, and similar uses
 
d.
Private utilities
 
e.
Public parks, open space and recreational facilities, community garden
 
f.
Schools (public and private)
 
g.
Child Care Center (care for more than 12 children)
 
h.
Telecommunications equipment (including wireless)
 
i.
Uses similar to those listed above
5.
Accessory Uses and Structures*
6.
Bed & Breakfast Inns* (CU)
(*) subject to the standards in Chapter 2, Section 2.2.200, “Special Standards for Certain Uses.” (CU) subject to Conditional Use Permit requirements in Chapter 4.5.
Home occupations and temporary uses are subject to standards in Chapter 4.9.
All uses are subject to the Architectural Standards in Chapter 2, Section 2.2.190. Figure 2.2.120 – Building Setbacks
Figure 2.2.120 – Building Setbacks

§ 2.2.120 Building Setbacks.

A. 
Purpose. Building setbacks provide space for private yards, and building separation for fire protection, building maintenance, solar access and air circulation. This section promotes human-scale design and traffic calming by downplaying the visual presence of garages along the street. The standards encourage placement of residences close to the street for public safety and neighborhood security.
1. 
Measurement of Setbacks. Building setbacks are measured from the edge of the foundation to the respective property line. Setbacks for decks and porches are measured from the edge of the deck or porch to the property line.
2. 
Applicability. The setback standards, as listed on the following page and illustrated above, apply to primary structures as well as accessory structures.
3. 
Variances to Setback Requirements. A variance is required in accordance with Chapter 5.2 to modify any setback standard.
4. 
Building Orientation. All new buildings shall also comply with the building orientation standards in Section 2.2.180 and the Architectural Design standards in Section 2.2.190.
B. 
Setbacks. All buildings, including accessory structures, shall comply with the following minimum setback requirements in the Residential District.
1. 
Front Yard
a. 
Building. 15’ minimum.
b. 
Garage.[1] The front of the garage shall be set back a minimum of 25’ from the front property line.
[1]
Garages are encouraged to be recessed behind the front building elevation (i.e., street facing) by a minimum of five (5) feet, built flush with the front building elevation, or, when possible, shall be accessed from the rear.
2. 
Street-Side Yard (Corner Lots).
a. 
Building. 10’ minimum from the street-side property line.
b. 
Garage. The front of the garage shall be set back a minimum of 25’ from the street-side property line.
3. 
Side Yards (Interior Property Line)
a. 
Interior Property Line. 5’ from an interior property line.
b. 
Common Wall/Zero Lot-Line Dwelling. 0’ from common wall/zero-lot line and 10’ from the other side property line.
4. 
Rear Yard. 10’ minimum from a rear property line.
5. 
Special Setbacks for Accessory Buildings. See Special Setbacks for Accessory Buildings in Section 2.2.120.F below.
Table 2.2.120 – Building Setback Requirements
Yard
From Property Line
Setback Requirement
Front Yard
To building
15’
Front Yard or Street Side Yard to Garage/Carport
To face of garage
25’
Street Side Yard on corner lots
To building
10’
Side Yard
To building
5’
Side Yards (Zero-Lot Line Homes)
To building from interior lot lines
0’ on one interior lot line 10’ on 2nd interior lot line
Rear Yard
To building
10’
Special Setbacks to Accessory Structures that exceed 12’ in height.
To building
See Section 2.2.120.F
C. 
Setback Exceptions. The following architectural features are allowed to encroach into the required setback area as long as all applicable building codes are met:
1. 
Eaves, chimneys, bay windows, overhangs, and similar architectural features may encroach into front and rear yard setback by no more than 3 feet.
2. 
Porches, decks and similar structures not exceeding 36 inches in height may encroach into the rear yard setback by no more than 5 feet but may not encroach into the minimum 5’ side setback.
3. 
Walls and fences may be placed on property lines, subject to the standards in Chapter 3.3 - Landscaping and Fences and Walls. Walls and fences within front yards shall comply with the vision clearance standards in Section 3.2.120.M.
D. 
Special Yards - Distance between Buildings on the Same Lot. To provide usable yard area and allow air circulation and light, the minimum distance between buildings on the same lot shall be 5 feet.
E. 
Special Setback for Planned Street Improvements: New structures or structure additions on lots abutting an existing public street that does not meet the minimum standards of Chapter 3.5 as shown on Table 3.5.110.H for right-of-way width shall provide setbacks sufficient to allow for the future widening of the right-of-way, plus the minimum required yard setback. Building permits shall not be issued for new structures or additions that do not meet this standard.
F. 
Special Setbacks for Accessory Buildings. Accessory buildings shall comply with the setback standards in Table 2.2.120.F
Table 2.2.120.F – Special Setbacks for Accessory Buildings
Accessory Building Height
Minimum Rear or Side Yard Setback
Up to 12’
5’
12’-1” to 16’
7.5’
16’–1” to 20’
10’

§ 2.2.130 Lot Area and Dimensions.

Figure 2.2.130 – Lot Area and Dimensions
Table 2.2.130 – Lot Area and Dimensions
Land Use
Lot Area
Lot Width/Depth
Related Standards
Detached Single Family Housing; Manufactured Homes on Lots
Minimum:
6,000 square feet.
Minimum Width:
60 feet at front property line, except for flag lots and lots served by private lanes (See Section 2.2.140) Maximum Depth:
Three (3) times the lot width; except as may be required by this Code (e.g., to protect sensitive lands, etc.)
The average lot area and residential floor area in new developments shall conform to the standards in Section 2.2.150 - Residential Density and Building Size.
Two- and Three-Family Housing (duplex and triplex)
Minimum area for two-family:
8,000 square feet. Minimum area for three-family: 10,000 square feet.
Minimum Width:
60 feet at front property line, except for flag lots and lots served by private lanes (See Section 2.2.140) Maximum Depth:
Three (3) times the lot width; except as may be required to protect sensitive lands, etc.
The average lot area and residential floor area in new developments shall conform to the standards in Section 2.2.150 - Residential Density and Building Size.
Single Family Attached Town Home
Minimum area: 3,500 square feet.
Minimum Width:
30 feet at front property line, except for flag lots and lots served by private lanes (See Section 2.2.140) Maximum Depth:
Three (3) times the lot width; except as may be required to protect sensitive lands, etc.
The average lot area and residential floor area in new developments shall conform to the standards in Section 2.2.150 - Residential Density and Building Size.
Multi-family Housing (more than 3 units)
Minimum area: 10,000 square feet or 3,500 square feet per dwelling unit Maximum area: None. (see related standards)
Minimum Width:
50 feet at front property line. Maximum Depth: None.
The maximum lot/parcel area is controlled by the Block Area standards in Chapter 3.2 - Access and Circulation.
Manufactured Home Parks
See Section 2.2.200 for Manufactured Home Park standards.
Public and Institutional Uses
Minimum area: None.
Maximum area: None. (see related standards)
Minimum Width:
50 feet at front property line. Maximum Depth: None.
The maximum lot/parcel area is controlled by the Block Area standards in Chapter 3.2 - Access and Circulation.

§ 2.2.140 Flag Lots.

A. 
Flag lots. Flag lots may be created only when a street cannot be extended to serve future development. A flag lot driveway may serve no more than two (2) dwelling units (single-family only), including accessory dwellings and dwellings on individual lots. A driveway serving more than one lot shall have a reciprocal access and maintenance easement recorded in the Linn County Deed Records for all lots. No fence, structure or other obstacle shall be placed within the drive area.
Figure 2.2.140 – Flag Lot (Typical)
B. 
Flag Lot Driveway width. The minimum width of a flag lot driveway and all shared drives and lanes shall be 20 feet; the maximum width is 30 feet, except as required by the Uniform Fire Code.
C. 
Shared Driveway: When a flag lot driveway serves more than one property, the property owner(s) shall provide a minimum 20-foot wide access easement, either the full width from one parcel or one-half of the width of the easement from each parcel sharing a drive. The driveway easement shall be shown on the subdivision or partition plat and an access maintenance agreement shall be recorded in the Linn County Deed Records.
D. 
Maximum drive lane length. The maximum driveway length is subject to requirements of the Uniform Fire Code but shall not exceed 150 feet for a shared driveway.
E. 
Future street plans. Building placement and alignment of a shared driveway shall be designed so that future street connections can be made as surrounding properties develop.
F. 
Dedication of flag lot driveway for street right-of-way. If the flag lot driveway is planned for a future street right-of-way, the property owner may be required to dedicate all or a portion of the right-of-way to the City. Dedication shall be roughly proportional to the impact of the development.
G. 
Access Management and Construction Requirements. The flag lot driveway shall comply with the access control, location, design and construction requirements in Chapter 3.2 – Access and Circulation.

§ 2.2.150 Residential Density.

A. 
Residential Density Standard. The following density standards apply to all new residential land divisions and developments. The standards are intended to ensure efficient use of buildable lands and provide for a range of needed housing, in conformance with the Comprehensive Plan.
Table 2.2.150 – Residential Density Standards
Type of Residential Development
Housing Type
Minimum Density (units / net acre)
Maximum Density (units / net acre)
Single Family Land Division
Detached SFR Homes or MH on individual lots
4
 
Single Family Development
Attached Townhouses
4
12
Two Family Dwelling Three-Family Dwelling
Duplex or Tri-plex
6
12
Manufactured Home Park
 
6
12
Multi-Family
Apartments/Complexes, Residential Care Facilities or similar housing
6
12
Multi-Family
Senior Housing / Residential Care Facilities Assisted Living Center
None
12
Bed & Breakfast
In conjunction with SFR
None
None
1. 
Minimum and maximum housing densities are calculated by multiplying the net parcel or lot area by the applicable density standard.[1] Exact lot sizes and lot configurations will vary based on the proposed building type and the lot area standards in Section 2.2.130.
[1]
Minimum Density Example: If a 5-acre development site has a minimum allowable density of 4 dwelling units per acre, then a minimum of 20 units are required [5-acres x 4 units/acre = 20 dwelling unit]. The minimum allowable density was established to ensure efficient use of urban land inside the City of Halsey Urban Growth Boundary.
Maximum Density Example: The maximum # of units allowed on a 5-acre parcel is 30 dwelling units [5-acres x 6 units/acre = 30 dwelling units]. See the Halsey Comprehensive Plan for the City’s Maximum Density standard.
2. 
Areas reserved for flag lot access (flag pole driveways) shall be considered not buildable and are not used to calculate density. See Figure 2.2.140.
3. 
Density standards may be averaged over more than one development phase (i.e., as in a master planned development). Duplex and triplex lots used to comply with the density standard shall be so designated on the final subdivision plat.
4. 
The following types of housing are exempt from the density standards: Residential Care homes/facilities, Assisted Living Centers and Bed and Breakfast Inns.
5. 
Partitions and construction of single-family homes on lots exceeding 23,500 square feet shall be located and constructed so that future division of such lots can occur and planned public facilities can be extended based on the minimum lot size and other applicable City standards.

§ 2.2.160 Maximum Lot Coverage.

A. 
Maximum Lot Coverage. The maximum lot coverage standards in Table 2.2.160 shall apply within the Residential District.
Table 2.2.160 – Maximum Lot Coverage in the Residential District
Type of Residential Development
Housing Type
Maximum Lot Coverage
Single Family
Detached SFR Homes or MH on individual lots
40%
Single Family Development
Attached Townhouses
60%
Two Family Dwelling Three-Family Dwelling
Duplex or Triplex
60%
Manufactured Home Park
 
60%
Multi-Family
Apartments/Complexes, Residential Care Facilities, Assisted Living or similar housing
60%
Public / Institutional Uses
 
80%
B. 
Lot Coverage Defined. “Lot Coverage” means all areas of a lot or parcel covered by buildings (as defined by foundation perimeters) and other structures with surfaces greater than 36 inches above the finished grade.
C. 
Limitations. Compliance with other sections of this Code, such as parking, landscaping and storm water management, may preclude development of the maximum lot coverage for some land uses.

§ 2.2.170 - Building Height.

The following building height standards are intended to promote land use compatibility and support the principle of neighborhood-scale design:
A. 
Building Height Standard. Buildings within the Residential District shall be no more than 35 feet or 3 stories in height, whichever is greater. Building height may be restricted to less than these maximums when necessary to comply with the Building Height Transition standard in “C” below.
Figure 2.2.170.A – Building Height Measurements
B. 
Exception from Maximum Building Height Standards. Chimneys, bell towers, steeples, roof equipment, flag poles, antennas and similar features not for human occupancy are exempt from the maximum building heights, provided that all applicable fire and building codes are met.
C. 
Method of Measurement. “Building height” is measured as the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof (See above examples). The reference datum shall be selected by either of the following, whichever yields a greater height of building:
1. 
The elevation of the highest adjoining sidewalk or street;
2. 
The height of a stepped or terraced building is the maximum height of any segment of the building. Not included in the maximum height are: chimneys, bell towers, steeples, roof equipment, flag poles, and similar features which are not for human occupancy.
Figure 2.2.170.B – Building Height Transition
D. 
Building Height Transition. To provide compatible building scale and privacy between developments, taller buildings shall “step-down” to create a building height transition to adjacent singlestory building(s).
1. 
This standard applies to new and vertically expanded buildings within 25 feet (as measured horizontally) of an existing single-story building with a height of 20 feet or less, as shown above.
2. 
The building height transition standard is met when the height of the taller building (“x”) does not exceed one (1) foot of height for every one (1) foot separating the two buildings (“y”), as shown above.
Figure 2.2.180 – Typical Building Orientation For Single Family Attached Town Homes, Multi-Family Housing or Similar Projects

§ 2.2.180 Building Orientation.

A. 
Purpose. The following standards are intended to orient buildings close to streets to promote human-scale development, slow traffic down, and improve the aesthetic character of neighborhoods. Placing residences and other buildings close to the street also encourages security and safety by having more “eyes-on-the-street.”
B. 
Applicability. This section applies to:
1. 
Single-family detached homes and manufactured homes on individual lots.
2. 
Single family attached town homes.
3. 
Duplex and Tri-plex.
4. 
Multi-family housing; including senior housing complexes, residential care facilities and assisted living facilities.
5. 
Public and institutional buildings.
The standard shall not apply to buildings which do not receive the public (buildings used solely for warehousing, storage or for housing mechanical equipment; and similar uses.)
C. 
Building Orientation Standards. All buildings which are subject to this section shall comply with all of the following standards. The building orientation standard is met when all of the following criteria are met:
1. 
Compliance with the setback standards in Section 2.2.120.
2. 
All buildings shall have the architectural front of the building and a primary entrance oriented to the street.
3. 
Additional Building Orientation Standards apply to Single-Family Attached Homes and Multi-Family Dwellings:
a. 
Single Family Attached Town Homes and Multi-Family Housing shall not have off-street parking, drives or other vehicle areas placed between the building and the street.
b. 
Multi-family housing may include multiple entrances (i.e. to individual units, lobby entrances, or breezeway/courtyard entrances or a cluster of units).
c. 
Multi-family housing may have the primary entrance oriented to a side yard, parking lot, entry drive or private street when a direct pedestrian walkway is provided between the building entrance and the street.
d. 
Driveways to parking lots shall take access from the lowest classification street.

§ 2.2.190 Architectural Standards.

A. 
Purpose. The architectural standards are intended to provide detailed, human-scale design, while affording flexibility to use a variety of building styles.
B. 
Applicability. This section applies to the following types of buildings in the Residential District, and shall be applied during the review process:
1. 
Single-family detached homes.
2. 
Manufactured homes on individual lots.
3. 
Single family attached town homes
4. 
Accessory dwellings
5. 
Duplexes and triplexes
6. 
Multi-family housing
7. 
Senior Housing, Residential Care Facilities and Assisted Living Facilities
8. 
Public and institutional buildings
C. 
Standards. All buildings which are subject to this section shall comply with all of the following standards. The graphics provided with each standard are intended to show examples of how to comply. Other building styles and designs can be used to comply, so long as they are consistent with the text of this section. An architectural feature may be used to comply with more than one standard.
1. 
Building Form. The continuous horizontal distance, as measured from end-wall to end-wall of individual buildings shall not exceed 100 feet. All buildings shall incorporate design features such as offsets, balconies, projections, window reveals, or similar elements to preclude large expanses of uninterrupted building surfaces, as shown in the above Figure. Each vertical floor shall contain at least two of the following features:
a. 
Recess (i.e. deck, patio, courtyard, entrance or similar feature) that has a minimum depth of 5 feet;
b. 
Extension (i.e., floor area, deck, patio, entrance, or similar feature) that projects a minimum of 2 feet and runs horizontally for a minimum length of 4 feet; and/or
c. 
Offsets or breaks in roof elevation of 2 feet or greater in height.
Figure 2.2.190.C.1 – Building Form (Multi Housing)
2. 
Eyes on the Street.
a. 
The front elevations visible from a street right-of-way shall provide doors, porches, balconies, terraces, decks with railings, windows, and/or detailed design features which create a visual street appeal for the front of the building. (See subsection 3. Below).
b. 
A side elevation facing a street right-of-way shall provide a combination of windows, porches, balconies and/or detailed design features which create a visual street appeal for the side of the building facing the street.
c. 
For one-story single-family dwellings a minimum of 50 percent of the street-facing front elevations, and a minimum of 30 percent of a street-facing side elevation shall meet this standard.
d. 
For multi-family and multi- story single-family dwellings a minimum of 60% of the street-facing front elevation shall meet this standard.
e. 
“Percent of elevation” is measured as the horizontal plane (lineal feet) containing doors, porches, balconies, terraces, decks with railings, and/or windows.[1]
Figure 2.2.190.C.2 – Example of Eyes on the Street Standards and Architectural Details (SFR Dwellings)
[1]
Example of Eyes on the Street Standard: A single family home with a 50’ wide front elevation must have at least 25’ lineal feet (50% of the front elevation width) of doors, windows, porches or decks with railings facing the street in front of the house.
3. 
Detailed Design. All buildings shall provide detailed design along front and street-side elevations. Detailed design shall be provided by using at least four (4) of the following architectural features on the front elevation and two (2) on the street-side elevations, as appropriate for the proposed building type and style:
a. 
Dormers or gables
b. 
Recessed front entry. The entry shall be recessed at least four feet from the front wall.
c. 
Recessed garage. The garage shall be recessed at least four feet from the front wall.
d. 
Covered front porch with pillars or posts.
e. 
Front porch (at least 200 square feet)
f. 
Cupolas or towers
g. 
Eaves (min. 16-inch projection)
h. 
Off-sets in building face or roof (minimum 16 inches)
i. 
Window trim (minimum six-inches wide) or shutters
j. 
Bay or bow windows
k. 
Balconies
l. 
Exterior brickwork, stone or masonry (minimum 48 square feet)
m. 
Decorative patterns on exterior finish (e.g., scales/shingles, wainscoting, ornamentation, and similar architectural design features)
n. 
Decorative cornices and roof lines (e.g., for flat roofs)
o. 
An alternative feature providing visual relief, similar to the above.
4. 
Garages and Carports. An enclosed garage or carport is required for each new detached single-family dwelling, manufactured home on an individual lot, single-family attached home (town home) and each dwelling unit in a duplex.
a. 
The garage or carport may be attached or detached from the building. The garage or carport shall have exterior siding and roofing which in color, material and appearance is similar to or superior to the materials used on the dwelling.
b. 
Temporary carports and garages shall not be used to fulfill this requirement.
Figure 2.1.190.C.3 – Examples of Architectural Details (SFR Townhouses and Multifamily Housing)

§ 2.2.200 Special Standards for Certain Uses.

This section supplements the standards contained Sections 2.2.100 through 2.2.190. It provides standards for the following land uses in order to control the scale and compatibility of those uses within the Residential District:
A. 
Accessory Dwelling. An accessory dwelling is a small, secondary housing unit on a single-family lot. The accessory dwelling unit can be a detached cottage, a unit attached to a garage, or in a portion of an existing house. The following standards are intended to control the size and number of accessory dwellings on individual lots, so as to promote compatibility with adjacent land uses.
Accessory dwellings shall comply with all of the following standards.
1. 
Oregon Structural Specialty Code. The structure complies with the Oregon Structural Specialty Code;
2. 
Owner-Occupied. The primary residence or accessory dwelling shall be owner-occupied. Alternatively, the owner may appoint a family member as a resident care-taker of the principal house and manager of the accessory dwelling;
3. 
One Unit. A maximum of one accessory dwelling unit is allowed per lot, on which there is an existing single-family dwelling;
4. 
Floor Area. The maximum floor area of the accessory dwelling shall not exceed 900 square feet.
5. 
Where Accessory Dwelling Is Not Permitted. An accessory dwelling may not be created by the conversion of a second-story or upper-story of an existing single-family dwelling.
6. 
Building Height. The building height of a detached accessory dwelling shall not exceed 20 feet, as measured in accordance with Section 2.2.170; and
7. 
Buffering. A minimum 5-foot hedge or fence may be required to buffer a detached accessory dwelling from dwellings on adjacent lots when buffering is necessary for the privacy and enjoyment of yard areas by either the occupants or adjacent residents.
8. 
Off-street parking. No additional off-street parking is required for an accessory dwelling.
B. 
Manufactured Homes on Individual Lots. Manufactured homes are permitted on individual lots, subject to all of the following design standards, consistent with ORS 197.307(8) and the architectural design standards in Section 2.2.190.
1. 
Floor Plan. The manufactured home shall be multi-sectional and have an enclosed floor area of not less than 1,000 sq. ft.
2. 
Roof. The manufactured home shall have a pitched roof with a slope not less than 3 feet in height for each 12 feet in width (14 degrees);
3. 
Residential Building Materials. The manufactured home shall have exterior siding and roofing which in color, material and appearance are similar or superior to the exterior siding and roof material used on nearby residences. Horizontal wood or wood-appearance siding is considered “superior” to metal siding and roofing;
4. 
Garages and Carports. The manufactured home shall have a garage or carport, with exterior siding and roofing which in color, material and appearance is similar to or superior to the materials used on the manufactured home.
5. 
Thermal Envelope. The manufactured home shall be certified by the manufacturer to meet the thermal envelope requirements equivalent to the performance standards required for a single-family dwelling constructed under the State Building Code.
6. 
Placement. The manufactured home shall be placed on an excavated and back-filled foundation and enclosed at the perimeter such that the manufactured home is located not more than 12 inches above-grade and complies with the minimum set-up standards of the adopted state Administrative Rules for Manufactured Dwellings, Chapter 918.
7. 
Foundation Skirt. The foundation area of the manufactured home shall be fully skirted with a concrete or masonry product; and
8. 
Porches. Each exterior door shall have a minimum 4’ by 8’ porch attached to it.
C. 
Manufactured Home Park. Manufactured home parks are permitted on parcels of five (5) acres or larger, subject to compliance with ORS 446.003 to ORS 446.150 and subsections 1-5, below:
1. 
Permitted Uses: Single family residences, manufactured home park manager’s office, home occupations, and accessory structures which are necessary for the operation and maintenance of the manufactured home park (i.e., landscape maintenance). Home occupations shall comply with Chapter 4.9, Section 4.9.110 - Home Occupations.
2. 
Space. The minimum size pad or space for each home is 3,600 square feet, provided that the overall density of the park does not exceed 12 units per acre.
3. 
Setbacks and Building Separation. The minimum setback between park structures and abutting properties is 5 feet. The minimum setback between park structures and public street right-of-way is 15 feet. At least a 10-foot separation shall be provided between all dwellings. Park structures shall be placed no closer than 5 feet to a park street or sidewalk/pathway.
4. 
Perimeter Landscaping. When manufactured homes are oriented with their back or side yards facing a public right-of-way, a commercial district or an industrial district, the City may require installation of fencing and planting of a 10-foot wide landscape buffer for the privacy and security of residents or aesthetics of the streetscape.
5. 
Architectural Design Features.
a. 
The front elevation of each manufactured home placed in a manufactured home park shall comply with the architectural design standards requirement in Section 2.2.190.C.3.
b. 
If the side elevation of a manufactured home faces a private street or drive inside the manufacture home park, the side elevation facing the roadway shall comply with the street-side yard architectural design standards requirement in Section 2.2.190.C.3.
D. 
Single-Family Attached (Town Homes), Duplexes and Triplexes. Single-family attached housing (town home units on individual lots), duplex and triplex developments shall comply with the standards in subsections 1-4, below. The standards are intended to control development scale; avoid or minimize impacts associated with traffic, parking, and design compatibility; and ensure management and maintenance of common areas.
1. 
Duplex. A duplex located on a corner lot shall be located so the architectural front of each unit faces a different street and the driveway access for each unit is taken from a different street. The City Administrator may grant an exception to this requirement if any of the following conditions exist:
a. 
ODOT or Linn County will not grant access to a street; or
b. 
A driveway will encroach into sensitive lands (e.g. wetlands or flood plain), or
c. 
The street right-of-way is not improved and the City has no plans to open the street in the next five years, or
d. 
The City finds a safety or traffic hazard will be created.
2. 
Rear Alley or Side Street Access to Parking Required. Single-family attached home (town homes), duplex, tri-plex or multi-family housing developments (4+ dwelling units) shall provide driveway access to the garage/carport or parking lot from a side street or rear alley, whenever practical.[1] See Figure 2.2.200.D.2.
[1]
The rear alley or side-street access requirement applies to projects with 4 or more housing units, [e.g. 4 town homes, 2 duplexes, 2 tri-plexes or an apartment complex with 4 or more units].
3. 
Attached Single-Family Attached Dwelling (Town Home) Building Mass Standard. Within the Residential District, the maximum number and width of consecutively attached town homes (i.e., with attached walls at property line) shall not exceed four (4) dwelling units or 120 feet (from end-wall to end-wall), whichever is less. See Figure 2.2.200.D.2.
Figure 2.2.200.D.2
Townhomes and Multiplex Housing with Alley or Rear Parking Lot Access
Figure 2.2.200.D.3
Townhomes and Multiplex Housing with Street Access
4. 
Street Access Developments. Town homes, duplexes and triplexes with driveway access to a public or private street from the front of the building shall comply with all of the following standards in order to minimize interruption of adjacent sidewalks by driveway entrances, slow traffic, improve appearance of the streets, and minimize paved surfaces for better storm water management. See Figure 2.2.200.D.3 above.
a. 
When garages face the street, they shall be recessed behind the front elevation (i.e., living area or covered front porch) by a minimum of 5 feet. The face of the garage shall have a minimum setback of 25’ from the front property line.
b. 
The maximum allowable driveway width facing the street is 16 feet per dwelling unit. The maximum garage width per unit is 50 percent of the total building width. For example, a 30-foot wide unit may have one 15-foot wide recessed garage facing the street.
c. 
Two adjacent garages shall share one driveway when individual driveways would otherwise be separated by less than 20 feet. When a driveway serves more than one lot, the developer shall record an access and maintenance easement/agreement to benefit each lot. A copy of the recorded access and maintenance easement/agreement shall be provided to the city prior to the issuance of a building permit.
5. 
Common Areas. Common areas, including landscaping in private tracts, shared driveways, private alleys, and similar uses, shall be maintained by a homeowner’s association, property management group or other legal entity. This entity may also be responsible for exterior building maintenance. A copy of any applicable covenants, restrictions and conditions shall be recorded and provided to the city prior to the issuance of any building permit(s).
E. 
Multi-family Housing.
1. 
Multi-family housing is allowed within the Residential District. Multi-family housing means housing that provides four or more dwellings on an individual lot (i.e., multi-plexes, apartments or condominiums). New multi-family developments shall comply with the standards in this section.
2. 
Common open space standard. In multiple family developments a minimum of 15 percent of the site area shall be designated and permanently reserved as usable common open space, in accordance with all of the following criteria:
a. 
The common area or open space shall contain one or more of the following:
(1) 
Outdoor recreation area,
(2) 
Tree grove (e.g., existing mature trees w/6” diameter or larger trunks),
(3) 
Turf play fields or playgrounds,
(4) 
Sports courts, swim pool, or walking fitness course,
(5) 
Natural area with picnic tables and benches, or
(6) 
Similar open space amenities as appropriate for the intended residents.
b. 
Open space and common areas not otherwise developed with recreational facilities shall be landscaped.
3. 
Private open space standard. Private open space areas shall be required for ground-floor and upper-floor housing units based on all of the following standards:
a. 
A minimum of 40 percent of all ground-floor housing units shall have front or rear patios or decks measuring at least 64 square feet. Ground-floor housing means the housing unit entrance (front or rear) is within 5 feet of the finished ground elevation (i.e., after grading and landscaping);
b. 
A minimum of 40 percent of all upper-floor housing units shall have balconies or porches measuring at least 48 square feet. Upper-floor housing means housing units which are more than 5 feet above the finished grade; and
c. 
Private open space areas shall be oriented toward common open space areas and away from adjacent single-family residences, trash receptacles, parking and drives to the greatest extent practicable.
Figure 2.2.200.E – Multi-Family Housing (example)
4. 
Exemptions. Exemptions to the common open space standard may be granted for multi-unit developments of up to 12 units. Exemptions may be granted when these developments are within one-quarter mile (measured walking distance) of a City park or public elementary school; and there is a direct, ADA compliant, lighted, and maintained access way between the site and the park or school.
5. 
Trash receptacles. Trash receptacles shall be oriented away from adjacent residences and shall be screened with an evergreen hedge or solid fence or wall of not less than 6 feet in height.
6. 
Access, Circulation, Landscaping, Parking and Public Facilities. The standards in Chapter 3 apply to a multi-family housing project.
F. 
Residential Care Homes and Residential Facilities.
Residential care homes are residential treatment or training homes or adult foster homes licensed by the State of Oregon. They may provide residential care alone, or in conjunction with treatment and/or training, for 5 or fewer individuals (“homes) or 6 to 15 individuals (“facilities”.) Individuals who reside in the home or facility need not be related. Staff persons required to meet State licensing requirements shall not be counted in the number of facility residents and need not be related to each other or the residents. Residential care homes and facilities shall comply with the following standards, consistent with ORS 197.660 through ORS 197.670:
1. 
Licensing. All residential care homes shall be duly licensed by the State of Oregon.
2. 
Parking. A minimum of one parking space shall be provided for each employee and typical number of visitors, in accordance with the requirements in Chapter 3.4 – Vehicle and Bicycle Parking.
3. 
Development Review. A Type II development review shall be required for new structures to be used as residential care homes or facilities, and for conversion of an existing residence to be used as a residential care home, to ensure compliance with the licensing, parking, and other requirements of this Code.
4. 
Access, Circulation, Landscaping, Parking and Public Facilities. The standards in Chapter 3 apply to the construction of a residential care home or residential facility and shall be met.
5. 
Conflicts between City Requirements and State Standards. Where a state requirement conflicts with a City standard, the state requirement, not the City standard, shall apply.
G. 
Tiny House Development (Reserved for Future Expansion)
H. 
Agriculture, Horticulture.
The City allows for agriculture and horticulture uses, subject to the standards established in the Halsey Municipal Code.
I. 
Public and Institutional Land Uses.
Public and institutional uses (as listed in Table 2.2.110) are allowed in the Residential District subject to the following land use standards, which are intended to control the scale of these developments and their compatibility with nearby residences:
1. 
Development Site Area. The maximum development site area shall be 5 acres, except that this standard shall not apply to parks and open space uses. Larger developments may be approved as a Conditional Use, in accordance with Chapter 4.5 - Conditional Use Permits.
2. 
Telecommunications Facilities. Telecommunications equipment and facilities (i.e., cell towers and antennae) shall comply with the standards of Chapter 3.6, Section 3.6.110.
3. 
Vehicle Areas and Trash Receptacles. All vehicle areas such as parking, drives, storage and trash receptacles shall be oriented away from adjacent residences to the greatest extent practicable and shall be screened from adjacent residential uses with a minimum five (5) foot wide landscape buffer with an evergreen hedge, solid fence or wall of not less than 6 feet in height.
J. 
Accessory Uses and Structures. Accessory uses and structures are of a nature customarily incidental and subordinate to the principal use or structure on the same lot. Typical accessory structures in the Residential District include detached garages, sheds, workshops, green houses and similar structures. (For standards applicable to Accessory Dwellings, see Section 2.2.200.A.) All accessory structures shall comply with all of following standards:
1. 
Primary use required. An accessory structure shall not be allowed without another permitted use as listed in Table 2.2.110.
2. 
Restrictions. A structure shall not be placed over an easement that prohibits such placement. No structure shall encroach into the public right-of-way.
3. 
Compliance with land division standards. The owner may be required to remove an accessory structure as a condition of land division approval when removal of the structure is necessary to comply with setback standards.
4. 
Compliance with Maximum Lot Coverage Standards as listed in Table 2.2.160.
5. 
Building Height. The building height of detached accessory structure shall not exceed 20 feet, as measured in accordance with Section 2.2.170; and
6. 
Special Setbacks. Accessory buildings shall comply with setback standards in Table 2.2.200.J.
Table 2.2.200.J – Special Setbacks for Accessory Buildings
Accessory Building Height
Minimum Front Yard Setback
Minimum Street-side Yard Setback
Minimum Side and Rear Setback
Up to 12’
25’
15’
5’
12’-1” to 16’
25’
15’
7.5’
16’–1” to 20’
30’
15’
10’
K. 
Bed and Breakfast Facility.
A bed and breakfast facility shall comply with the following standards:
1. 
A bed and breakfast inn shall not contain more than four guest rooms when located in the Residential District.
2. 
In the Residential District, the owner or operator shall be a resident of the dwelling.
3. 
Provide parking for guests as follows:
a. 
Provide at least two off-street parking spaces for the residence and one additional off-street parking space for every two rental rooms. Parking may be on-site or off-site.
b. 
Guest parking spaces may be located in an existing driveway;
c. 
Guest parking facilities may not be located in the front setback area (other than the driveway) or within 10 feet of any interior residential lot line.
d. 
On-street parking along the frontage of the property line(s) may count toward the off-street parking requirements. To count towards this standard, each on-street space must be at least 25 feet long.
4. 
Provide weekly solid waste disposal service while the dwelling is occupied for bed and breakfast use. The owner/operator shall provide for regular garbage removal from the premises. Trash receptacles shall be stored or screened out of plain view of the street.
6. 
Comply with bed and breakfast regulatory requirements as provided in ORS 624 and OAR 333.
7. 
Continuously comply with noise regulations of the City of Halsey.
8. 
Emergency Information. The property owner shall provide information within the dwelling unit to inform and assist renters in the event of a natural disaster, power outage or another emergency. Required information includes but is not limited to phone numbers and addresses for the City of Halsey, emergency responders and utility providers.

§ 2.3.100 Purpose.

A city goal is to revitalize and improve Halsey’s central business district as the heart of the community. The City of Halsey Commercial District covers both sides of Highway 99E (West 2nd Street), the east side of West 3rd Street, and the west side of West 1st Street. Special development standards apply to the Main Street Commercial Subdistrict, a special subdistrict within the Commercial District, located along Highway 99E and West First Streets between West “D” Street and West “J” Street.
Map 2.3.100 – Main Street Commercial Subdistrict W. 1st to W. 3rd between W. “D” Street and W. “J” Street
This “Main Street” subdistrict area is where most of Halsey’s historic storefronts are located. The Commercial District as a whole is intended to support new and existing businesses, encouraging revitalization through elements of design and appropriate mixed-use development. This chapter provides standards for the orderly improvement of the Commercial District based on the following objectives:
•
Use land and urban services efficiently;
•
Increase activity downtown by allowing pedestrian-oriented mixed-uses, housing options, and business opportunities;
•
Provide both formal and informal community gathering places;
•
Fill gaps in the historical storefront character;
•
Encourage strong connections to neighborhoods;
•
Provide visitor accommodations and amenities;
•
Utilize design standards to maintain and enhance the City’s historic architecture.

§ 2.3.110 Permitted Land Uses.

A. 
Permitted Uses. The land uses listed in Table 2.3.110 are permitted in the Commercial District, subject to the provisions of this chapter. Only land uses which are specifically listed in Table 2.3.110, and land uses which are approved as “similar” to those in Table 2.3.110, may be permitted. The land uses identified with a “CU” in Table 2.3.110 require Conditional Use Permit approval prior to development or a change in use, in accordance with Chapter 4.5.
B. 
Determination of Similar Land Use. Similar use determinations shall be made in conformance with the procedures in Chapter 4.8 – Code Interpretations.
Table 2.3.110
Land Uses and Building Types Permitted in the Commercial District 1. Residential*:
1.
Residential*:
 
a.
Single-family housing
(restricted to the east side of West Third Street)
 
b.
Single-family attached town home (CU) (restricted to the east side of West Third Street)
 
c.
Two- and three-family housing (CU) (restricted to the east side of West Third Street)
 
d.
Upper-story housing and/or the rear portion of a mixed-use building
 
e.
Multi-family housing
 
f.
Residential care homes and facilities
 
g.
Family daycare (12 or fewer children)
 
h.
All single-family residential dwellings built on commercially zoned property before June 30, 2004 are permitted outright in accordance with the Nonconforming Use provisions of HDC 5.2.1. Expansions, accessory buildings, and other residential uses are allowed in accordance with the standards of the Residential District.
 
i.
Any legally permitted single family residential dwellings converted to a permitted commercial, office or industrial use after June 30, 2004 may revert to residential use with an approved Conditional Use Permit in accordance with the Nonconforming Use provisions of HDC 5.2.1.
2.
Home occupations
3.
Bed & breakfast Inns w/ residential use
4.
Public and Institutional*:
 
a.
Churches and places of worship
 
b.
Clubs, lodges, union halls, similar uses
 
c.
Governmental offices and facilities
 
d.
Libraries, museums, community centers, and similar uses.
 
e.
Public parking lots and garages (not allowed in Main Street Subdistrict)
 
f.
Private Utilities Public parks and recreation facilities
 
g.
Schools (public and private)
 
h.
Special district facilities (fire, etc.)
 
i.
Telecommunications facilities (see Chapter 3.6.110) (not allowed in Main Street Subdistrict)
 
j.
Uses similar to those listed above subject to CU requirements, as applicable
5.
Accessory Uses and Structures*
6.
Commercial:
 
a.
Auto-oriented uses, Auto Sales, Auto Service and Repair and similar facilities* (Not allowed in Main Street Subdistrict)
 
b.
Automobile rental services* (CU)
 
c.
Car washes* (not allowed in Main Street Subdistrict)
 
d.
Amusement, Entertainment and Dining
 
e.
Lodging: Hotels, motels, Bed & Breakfast
 
f.
Health Service Facilities
 
g.
Mixed-use development (housing & other permitted use)*
 
h.
Personal and professional services
 
i.
Professional Offices
 
j.
Repair services (must be enclosed within building)
 
k.
Retail trade, sales and services
 
l.
Recreational Vehicle Park (CU)*
 
m.
Storage/Mini-storage (Not in Main Street Subdistrict)
 
n.
Veterinary offices (Boarding of healthy animals not permitted)
 
o.
Uses similar to those listed above (subject to CU requirements and Section 2.2.180, as applicable)
 
p.
Industrial/Light Manufacturing* (when in conjunction with a retail sales business).
(*) subject to the standards in Section 2.3.180, “Special Standards for Certain Uses.”
(CU) subject to Conditional Use Permit requirements in Chapter 4.5
Home occupations and temporary uses are subject to standards in Chapter 4.9.

§ 2.3.120 Building Setbacks.

In the Commercial District, buildings are placed close to the street where possible (especially in the Main Street Subdistrict) to create a vibrant pedestrian environment, slow traffic, and provide a storefront character to the street. The setback standards are flexible to encourage public spaces between sidewalks and building entrances (e.g., extra-wide sidewalks, plazas, squares, outdoor dining areas, and pocket parks). The standards also encourage the formation of solid blocks of commercial and mixed-use buildings for a walkable commercial district.
Building setbacks are measured from the edge of the foundation to the respective property line. Setbacks for porches are measured from the edge of the deck or porch to the property line. The setback standards apply to primary structures and accessory structures. The standards may be modified only by approval of a Variance, in accordance with Chapter 5.2.
Table 2.3.120 Required Setbacks in Commercial District
Yard
Main Street Subdistrict
All Other Areas in the Commercial District
Minimum Setback
Maximum Setback
Minimum Setback
Maximum Setback
Front Yard
0’
10’
0’
None
Front or Street-Side Yard To the face of a garage
NA
NA
25’
None
Street Side Yard
0’
10’
0’
None
Side Yard
0’
---
0’
None
Side Yard
NA
NA
10’
None
Lot abuts Residential District
 
 
 
 
Rear Yard
0’
---
0’
None
Rear Yard
NA
NA
20’
None
Lot abuts Residential District
 
 
 
 
A. 
Front Yard Setbacks.
1. 
Minimum Setback. There is no minimum front yard setback required, except single-family dwellings shall comply with the minimum setback requirements in the Residential District.
2. 
Maximum Setback. The maximum allowable front yard setback is 10 feet in the Main Street Subdistrict. It is intended to keep the front of a commercial building close to the street and public sidewalk.
At least 50 percent of the front building elevation must comply with the maximum setback standard. On parcels with more than one building, this standard applies to the largest building. The setback standard may be increased when a usable public space with pedestrian amenities (i.e., extra-wide sidewalk, plaza, pocket park, outdoor dining area or town square with seating) is provided between the building and front property line.
B. 
Rear Yard and Side Yard Setbacks
1. 
Minimum Rear Setback. The minimum rear yard setback is 20 feet where the parcel abuts the Residential District. There is no minimum rear setback where the rear yard of the parcel abuts a right-of-way, the Commercial District or the Industrial District.
2. 
Through-Lots. For buildings on through-lots (lots with front and rear frontage onto a street), the minimum and maximum front yard setbacks apply to one street and street-side yard setbacks apply on the other street(s).
3. 
Side Yard Setbacks. There is a minimum 5’ side yard setback where the parcel abuts the Residential District. There is no minimum side yard setback where the side yard abuts a right-of-way, the Commercial District or the Industrial District.
4. 
Setback Exceptions. Eaves, chimneys, bay windows, overhangs, cornices, awnings, canopies, porches, decks, pergolas, and similar architectural features may encroach into setbacks.
5. 
Clear Vision Area. All buildings shall conform to the vision clearance standards in Chapter 3.2, Section 3.2.120.M and the applicable fire and building codes for attached structures, fire walls, and related requirements.

§ 2.3.130 Lot Coverage.

There is no maximum lot coverage requirement in the Commercial District.

§ 2.3.140 Block Layout and Building Orientation.

This section is intended to promote the walkable, storefront character of the Commercial District by forming short blocks and orienting buildings close to street. Placing buildings close to the street also slows traffic down and provides more “eyes on the street,” increasing the safety of public spaces. The standards, as listed on the following page and illustrated above, compliment the front yard setback standards in Section 2.3.120.
A. 
Applicability. This section applies to all types of development subject to Site Design Review. Compliance with all of the provisions of subsections B through D, below, shall be required.
B. 
Block Layout Standard.
1. 
Commercial District (Hwy 228 south to “J” Street) including the Main Street Subdistrict. Halsey’s commercial district, located between W. 1st Street and W. 3rd Street, is comprised of 200’ x 200’ blocks. Most businesses are located along either W. 1st Street or W. 2nd Street (Hwy 99E) and the architectural front of most buildings face these two streets. The City anticipates redevelopment in the existing commercial area will not change the existing block layout.
The City anticipates the Commercial District will be a mixed-use area with residential housing and commercial buildings located close together. New development or redevelopment shall be configured to create a cohesive district. The architectural front of buildings and primary entrances will be oriented to the street.
Driveway access onto W. 2nd Street (Hwy 99E) will be limited. Driveway access will come from the side streets - “A” Street to “J” Street. Parking will be provided on-street and in off-street parking areas located on the side or in the rear of buildings.
New buildings and redevelopment on lots that front on W. 2nd Street shall comply with the following standards:
a. 
Driveway access shall be taken from the lowest classification street.
b. 
Pedestrian pathways shall be provided from the parking areas to both the street right-of-way and building entrances. Pathways will be designed to ensure safe, direct access to building entrances, public sidewalks and off-street parking areas.
2. 
All Other Areas in the Commercial District. When new commercial blocks are platted, they shall have a length not exceeding 400’ and a depth not exceeding 200 feet. New blocks exceeding 200’ by 200’ may be required to include alleys or to allow for rear parking areas as shown in Figure 2.3.140.B.
Figure 2.3.140.B Block Layout Standard
C. 
Building Orientation Standard. A commercial development subject to Site Design Review shall be oriented to a street. The building orientation standard is met when all of the following criteria are met:
1. 
Main Street Subdistrict: New buildings in the Main Street Commercial Subdistrict shall meet the following standards:
a. 
The minimum and maximum setback standards in Section 2.3.120 are met;
b. 
The architectural front of the building faces the street. The City may require the architectural front of the building to face a north-south street (e.g. W. 1st, W. 2nd or W. 3rd) to create a more walkable main street district with multiple building fronts in a block and connected parking areas in the rear.
Figure 2.3.140.C – Building Orientation (example)
c. 
Buildings shall have a primary entrance oriented toward the street.
(1) 
On corner lots, the city encourages the location of buildings entrances oriented to the street corner. See Figure 2.3.140.B above.
(2) 
Building entrances may include entrances to individual units, lobby entrances, entrances oriented to pedestrian plazas, or breezeway/courtyard entrances (i.e., to a cluster of units or commercial spaces).
(3) 
A building may have a secondary entrance facing a side yard or parking area on the side of the building when a direct pedestrian walkway not exceeding 30 feet in length is provided between the secondary entrance and the street right-of-way.
d. 
Trash storage facilities, ground-level utilities (e.g. utility vaults) and similar obstructions shall not be placed between a building and the street. [See Figure 2.3.140.B and Figure 2.3.140.C]
e. 
Off-street parking, driveways and other vehicle areas shall be located on the side or the rear of the building.
2. 
All Other Commercial Areas: New buildings shall meet the following standards:
a. 
The minimum setback standards are met.
b. 
The architectural front of the building faces the street.
c. 
Parking lot access is taken from the lowest classification street.
d. 
Trash storage facilities, and ground-level utilities (e.g., utility vaults), and similar obstructions shall not be placed between building entrances and the street(s) to which they are oriented.
e. 
Off-street parking may be allowed between the building entrance & street. To the extent practicable, off-street parking is encouraged to be oriented internally to the block and accessed by alleys or driveways.
3. 
In all Commercial districts the development will comply with the Access and Circulation, Landscaping, Public Facility and Parking requirements in Chapter 3.
D. 
Variances. The standards of this section may be varied to address topographic or other physical constraints, in accordance with the provisions for Class B or Class C variances in Chapter 5.2.

§ 2.3.150 Building Height.

All buildings in the Commercial District shall comply with the following building height standards. The standards are intended to allow for development of appropriately-scaled buildings with a storefront character:
A. 
Maximum Height. Buildings shall be no more than 3 stories or 35 feet in height, whichever is greater. The maximum height may be increased by 10 feet when housing is provided above the ground floor (“vertical mixed-use”), as shown above.
B. 
Exception from Maximum Building Height Standards. Chimneys, bell towers, steeples, roof equipment, flag poles, antennas and similar features not for human occupancy are exempt from the maximum building heights, provided that all applicable fire and building codes are met.
Figure 2.3.150 – Commercial / Mixed-use Building Height

§ 2.3.160 Architectural Guidelines and Standards.

A. 
Purpose and Applicability. The architectural guidelines standards are intended to provide detailed, human-scale design, while affording flexibility to use a variety of building styles. This section applies to all buildings in the Commercial District.
B. 
Guidelines and Standards. Each of the following standards shall be met. An architectural feature used to comply with one standard may be used to comply with another standard.
1. 
Detailed Storefront Design in the Main Street Subdistrict. Within the Main Street Subdistrict, the storefront design shall contribute to the character and visual relatedness of Commercial buildings. This criterion is met by providing all of the architectural features listed in a-c, below, along the front and street-side building elevation (i.e., each side of the building facing the street), as applicable. The example shown above is meant to illustrate required building design elements and should not be interpreted as a required architectural style.
a. 
Regularly spaced and similar-shaped windows with window hoods or trim (all building stories).
b. 
Large display windows on the ground-floor (non-residential uses only). Display windows shall be framed by bulkheads, piers and a storefront cornice (e.g., separates ground-floor from second story, shown above). No glazing is allowed on ground floor windows.
c. 
Decorative cornice at top of building (flat roof); or eaves provided with pitched roof.
Figure 2.3.160.B.1 – Commercial Building Design Elements
2. 
Design of Large-Scale Buildings and Developments in all Commercial Districts. The following standards apply to:
a. 
Buildings with greater than 20,000 square feet of enclosed ground-floor space (i.e., “large-scale”). Multi-tenant buildings shall be counted as the sum of all tenant spaces within the same building shell; and
b. 
Multiple-building developments with a combined ground-floor space (enclosed) greater than 40,000 square feet (e.g., shopping centers, public/institutional campuses, and similar developments).
c. 
Large-scale buildings and developments, as defined above, shall provide human-scale design by conforming to all of the following criteria:
(1) 
Incorporate changes in building direction, and divide large masses into varying heights and sizes, as shown above. Such changes may include building offsets; projections; changes in elevation or horizontal direction; sheltering roofs; terraces; a distinct pattern of divisions in surface materials; and use of windows, screening trees; small-scale lighting (e.g., wall-mounted lighting, or up-lighting); and similar features. The example shown above is meant to illustrate examples of these building design elements and should not be interpreted as a required architectural style.
(2) 
Every building elevation adjacent to a street with a horizontal dimension of more than 100 feet, as measured from end-wall to end-wall, shall have a building entrance; except that building elevations that are unable to provide an entrance due to the internal function of the building space (i.e.., mechanical equipment, or areas where the public or employees are not received) may not be required to meet this standard. Pathways shall connect all entrances to the street right-of-way, in conformance with Chapter 3.2 – Access and Circulation.
Figure 2.3.160.B.2 – Design of Large-Scale Buildings and Developments

§ 2.3.170 Pedestrian Amenities.

A. 
Purpose and Applicability. This section is intended to complement the building orientation standards in Section 2.3.140, and the street standards in Chapter 3 by providing comfortable and inviting pedestrian spaces in the central business district. Pedestrian amenities serve as informal gathering places for socializing, resting, and enjoyment of the City’s central business district, and contribute to the visual identity of the district.
B. 
Guidelines and Standards.
1. 
Main Street Commercial Subdistrict: Within the Main Street Commercial Subdistrict every development shall provide two or more of the “pedestrian amenities” listed in a. to h., below, and illustrated above. The figure illustrates examples of pedestrian amenities. Other types of amenities and designs may be used. Pedestrian amenities may be provided within a public right-of-way when approved by the applicable roadway jurisdiction.
a. 
An extra-wide sidewalk along the entire frontage of the building (minimum width 10 feet).
b. 
Sitting space (i.e., dining area, benches or ledges between the building entrance and sidewalk (minimum of 16 inches in height and 30 inches in width);
c. 
Building canopy, awning, pergola, or similar weather protection (minimum projection of 4 feet over a sidewalk or other pedestrian space).
d. 
A plaza, courtyard, square next to the building entrance (minimum width of 20 feet);
e. 
Decorative street lighting.
f. 
Street furniture or furnishing (benches, lighting, bicycle racks, drinking fountains, trash receptacles, kiosks or similar features for public use)
g. 
Public art, (e.g., fountain, sculpture, etc.)
h. 
Another streetscape element approved by the Planning Commission.
Figure 2.3.170 – Pedestrian Amenities
2. 
All Other Commercial Areas: Any commercial project located outside of the Main Street Commercial Subdistrict will provide at least two of the following pedestrian scale amenities:
a. 
An extra-wide sidewalk along the entire lot frontage (minimum 8’ wide).
b. 
Street trees along the entire lot frontage.
c. 
Decorative street lighting.
d. 
Additional site landscaping (5% additional landscaping beyond the minimum % landscape area requirement) located in the front yard area between the street right-of-way and the main building(s).
e. 
Additional landscaping in the public right-of-way between the property line and the edge of the street pavement.
f. 
Sitting space and trash receptacles (same as above).
g. 
Another streetscape element approved by the Planning Commission.

§ 2.3.180 Special Standards for Certain Uses.

This section supplements the standards contained in Sections 2.3.100 through 2.3.170. It provides standards for the following land uses in order to control the scale and compatibility of those uses within the Commercial District:
•
Residential Uses
•
Public and Institutional Uses
•
Accessory Uses and Structures
•
Auction Sales
•
Automobile-Oriented Uses and Facilities
•
Espresso / Drive-Thru Coffee Stands
•
Recreational Vehicle Parks
•
Sidewalk Displays
•
Light Manufacture
•
Food Trucks
A. 
Residential Uses.
Higher density residential uses, such as multi-family buildings and attached town homes, are permitted to encourage variety in types of housing, proximity to employment, shopping and services, and activity downtown. The standards below are intended to encourage mixed-use development; conserve the community’s supply of commercial land for commercial uses; provide for designs which are compatible with a storefront character; avoid or minimize impacts associated with traffic and parking; and ensure proper management and maintenance of common areas.
All residential developments in the Commercial District shall comply with the standards in subsections 1 through subsection 6, below, except those exempted in subsection 7 below:
1. 
Mixed-use Development Required. Residential uses shall be permitted only when part of a mixed-use development (residential with commercial or public/institutional use). Both “vertical” mixed-use (housing above the ground floor), and “horizontal” mixed-use (housing on the ground floor) developments are allowed, subject to the standards in subsection 2 through subsection 6 below.
Figure 2.3.180 – Mixed-use in the Commercial District
2. 
Limitation on street-level housing. No more than 50 percent of a single ground floor main street frontage may be occupied by residential uses. This standard is intended to reserve storefront space for commercial uses and public/institutional uses; it does not limit residential uses above the street level on upper stories, or behind street-level storefronts.
3. 
Density. There is no minimum or maximum residential density standard. Density shall be controlled by the applicable lot coverage and building height standards.
4. 
Parking, Garages, and Driveways. All off-street vehicle parking shall be located in parking areas behind or to the side of the building.
5. 
Creation of Alleys. When a subdivision (four or more town home lots) is proposed, a public or private alley shall be created for the purpose of vehicle access. Alleys are not required when existing development patterns or topography makes construction of an alley impracticable. As part of a subdivision, the City may require dedication of right-of-way or easements, and construction of pathways between town home lots (e.g., between building breaks) to provide pedestrian connections through a development site, in conformance with Chapter 3.2 - Access and Circulation.
6. 
Common Areas. All common areas (e.g., walkways, drives, courtyards, private alleys, parking courts, etc.) and building exteriors shall be maintained by a homeowner’s association or other legal entity. Copies of any applicable covenants, restrictions and conditions shall be recorded and provided to the city prior to building permit approval.
7. 
Exemptions. The following residential uses are exempt from this section:
a. 
Residential uses which existed on July 1, 2019 are exempt from this section.
b. 
New residential uses permitted outright or as a conditional use on the east side of West Third Street are exempt from this section and shall comply with the standards in the Residential District.
B. 
Public and Institutional Uses.
Public and institutional uses (as listed in Table 2.3.110) are allowed in the Commercial District, except that automobile-oriented uses shall comply with the standards in Section 2.180.E. Typical automobile- oriented uses in this category include public works yards, equipment storage and repair, school bus companies, and similar facilities that store, repair or service automobiles, trucks, buses, heavy equipment and construction materials.
C. 
Accessory Uses and Structures.
Accessory uses and structures are of a nature customarily incidental and subordinate to the principal use or structure on the same lot. Typical accessory structures in the Commercial District include small workshops, greenhouses, studios, storage sheds, and similar structures. Accessory uses and structures are allowed for all permitted land uses within the Commercial District. Accessory structures shall comply with the following standards:
1. 
Primary use required. An accessory structure shall not be allowed before or without a primary use, as identified in Table 2.3.110.
2. 
Setback standards. Accessory structures shall comply with the setback standards in Section 2.3.120, except that the maximum setback provisions shall not apply.
3. 
Design guidelines. Accessory structures shall comply with the architectural design guidelines, as provided in Section 2.3.160.
4. 
Restrictions. A structure shall not be placed over an easement that prohibits such placement. No structure shall encroach into the public right-of-way.
5. 
Compliance with subdivision standards. The owner may be required to remove an accessory structure as a condition of land division approval when removal of the structure is necessary to comply with setback standards.
D. 
Auction Sales.
Auction sales uses shall conform to all of the following standards and limitations in the Commercial District.
1. 
Limited Time of Display. Items made available for sale at auction shall not be visible from any abutting or adjacent residential zone or public right-of-way prior to 14 days before the auction event. Remaining unsold items shall not be visible from any abutting or adjacent residential zone or public right-of-way seven (7) days after completion of an auction event.
2. 
Landscape Buffering and Screening – Buffering and screening are required under the following conditions:
a. 
Display Areas Abutting or Adjacent to Public Rights-of-Way. Areas abutting and/or adjacent to public rights-of-way that are used to display items for sale at auction shall be buffered consistent with the standards contained in Chapter 3.3 – Landscaping.
b. 
Display Areas Abutting Residential Zones. Areas abutting residential zones that are used to display items for sale at auction shall be screened using one or more of the following: decorative wall (i.e., masonry or similar quality material), evergreen hedge, non-see through fence, or a similar feature that provides a non-see through barrier to a height of at least six feet when measured from grade. Walls, fences, and hedges shall comply with the vision clearance requirements and provide for pedestrian circulation, in accordance with Chapter 3.2 - Access and Circulation. (See Chapter 3.3 – Landscaping, Section 3.3.130 and Section 3.3.150 for standards related to fences and walls.)
E. 
Automobile-Oriented Uses and Facilities.
Automobile-oriented uses and facilities, as defined below, shall conform to all of the following standards in the Commercial District. Automobile-oriented uses and facilities are not permitted in the Main Street Commercial subdistrict. The standards are intended to provide a vibrant storefront character, slow traffic, and encourage walking.
1. 
Parking and Driveways. All off-street parking shall comply with Section 2.3.140, Chapter 3.2 – Access and Circulation and Chapter 3.4 – Vehicular and Bicycle Parking. Driveway access will be provided from the lowest classification street, whenever possible.
2. 
Automobile-Oriented Uses. “Automobile-oriented use” means automobiles and/or other motor vehicles are an integral part of the use. These uses are restricted because, when unrestricted, they detract from the pedestrian-friendly, storefront character of the district and can consume large amounts of land relative to other permitted uses. Automobile-oriented uses shall comply with the following standards:
a. 
Vehicle repair, sales, rental, storage, service. Businesses that repair, sell, rent, store, or service automobiles, trucks, motorcycles, buses, recreational vehicles/boats, construction equipment, and similar vehicles and equipment are permitted subject to the landscape and screening standards in Chapter 3.3 - Landscaping.
b. 
Drive-up, drive-in, and drive-through facilities. Drive-up, drive-in, and drive-through facilities (e.g., associated with restaurants, banks, car washes, and similar uses) are permitted only when accessory to a primary commercial “walk-in” use (except for Espresso Stands as allowed per 2.3.180.F), and shall conform to all of the following standards:
(1) 
The facility receives access from the lowest classification street. Alley or driveway access is preferred if possible.
(2) 
All of the drive-up, drive-in or drive-through facilities (e.g., driveway queuing areas, windows, teller machines, service windows, drop-boxes, and similar facilities) that are located within 20 feet of a street must comply with access and visibility standards of Chapter 3.3 and must provide safe adjacent facilities for pedestrians.
(3) 
In connection with drive-through establishments, there shall be a specially designed area for vehicle queuing located on private property between the public right-of-way and the pick-up window or service area. The vehicle queuing area will provide adequate vehicle waiting/stacking for the expected demand. The City Engineer or Planner shall determine if the proposed vehicle queuing area is adequate. This area shall not interfere with safe and efficient circulation on the development site or abutting public right-of-way.
F. 
Espresso Stand or Similar Food Service Establishments
Espresso Stands or similar drive-through food service stands are a permitted use in compliance with the applicable drive-through facilities standards for an auto-oriented business in Section 2.3.180.E above except that a primary use is not required.
The Espresso Stand must provide toilet facilities and placement may not impede safe and efficient access to a primary use, adjacent properties, or public right-of-way. If a unit does not have its own toilet facilities displayed on the site plan, then a letter of agreement with the property owner must be filed establishing the use of such facilities for employees during business hours that are either located in the building or in a building adjacent thereto on the same property. The agreement must contain terms requiring that the restrooms be available for use by employees during all hours in which the vendor unit is in business.
G. 
Recreational Vehicle Parks.
Recreational Vehicle (RV) Parks are allowed in the Commercial District as a Conditional Use, subject to the following standards. In addition, they must comply with Oregon Administrative Rules Chapter 918, Division 650, and all other applicable state building or specialty codes.
1. 
The minimum size for an RV Park is two acres.
2. 
Each space provided for each RV must be a minimum of 700 square feet exclusive of any space used for common areas, such as roadways, general use structures, walkways, parking spaces for vehicles other than RV and landscaped areas.
3. 
Roadways must be a minimum of 30 feet in width if parking is permitted on the margin of the roadway, or 24 feet in width if parking is not permitted on the edge of the roadway. Roadways must be paved with asphalt, concrete or similar impervious surface and designed to permit easy access to each RV space.
4. 
A space provided for an RV must be paved with asphalt, concrete or similar material and be designed to provide runoff of surface water in compliance with the standards in Chapter 3.4. – Vehicle and Bicycle Parking. Fifteen per cent (15%) of each RV space shall consist of land-scaped area. Trees shall be planted at a minimum ratio of one per two spaces, to be planted within the interior of the park.
5. 
All RV spaces must be provided with public water and electrical service. Electrical generator use is prohibited except in instances of power outages.
6. 
Provision of a dump station in the RV Park to receive wastewater from RV holding tanks. The dump station shall be built to DEQ/Health Department standards. Sewage from the RV Park dump station shall be disposed of at a DEQ approved wastewater treatment facility. Note: The City of Halsey wastewater treatment facilities do not accept RV dump station or RV holding tank waste.
7. 
Trash receptacles for the disposal of solid waste materials must be provided in ~ convenient locations for the use of guests of the park and be of sufficient quantity and capacity so that there is no uncovered accumulation of trash at any time.
8. 
Up to 25% of the RV spaces available in the park may be designated for long-term occupancy leases of up to 12 months. No other RV may remain in the park for more than 45 days in each calendar quarter. The City Administrator or designee shall be afforded the right to drive through the property and review all registration documents.
9. 
An on-site manager must occupy one space within the park.
10. 
The total number of parking spaces in the park, exclusive of parking specifically provided for the use of the manager or employees of the park, must be equal to one space per RV space. Parking spaces must be paved with asphalt, concrete or similar materials.
11. 
When required by the State, the park must provide toilets, lavatories, and showers for each sex in the following ratios: for each 20 recreational vehicle spaces or any fraction thereof; one toilet, one urinal, one lavatory, and one shower for men; and one toilet, one lavatory, and one shower for women. The showers must afford privacy and the showers must be provided with private dressing rooms. Facilities for each sex must be located in separate buildings, or if in the same building, must be separated by a soundproof wall.
12. 
Building spaces required by subsection (10) of this section must be lighted at all times; ventilated; provided with heating facilities which maintain a room temperature of no lower than 65 degrees F and provided with adequate floor drains to permit easy cleaning. The facilities must have a floor of waterproof material, and sanitary ceiling, floor and wall surfaces.
13. 
All perimeters of the park shall be fenced or screened as determined by the planning commission. All street frontages shall provide a suitable fence three and one-half to four feet in height to restrict the passage of children or animals. Fences adjacent to streets shall be setback ten (10) feet from the property line and the intervening area between the property line or sidewalk shall be landscaped. Such landscaping shall provide a solid understory of flowers, shrubs, and ground cover and at least one tree each 50 lineal feet, which will provide a canopy of at least three hundred square feet upon maturity.
14. 
The applicant shall submit a landscaping plan for approval by the City.
15. 
The park must be maintained in a neat appearance at all times. Except for vehicles, there shall be no outside storage of materials or equipment belonging to the park or to any guest of the park.
H. 
Sidewalk Displays
Sidewalk display of merchandise and vendors is allowed, but shall not include such large items as automobiles, trucks, motorcycles, buses, recreational vehicles/boats, construction equipment, building materials, and similar vehicles and equipment. A minimum 5’-wide pedestrian walkway travel area shall be maintained at all times.
Merchandise shall be stored inside the building at night and shall be merchandised on easily moveable displays. Displays on the public right of way must comply with standards of the Halsey Municipal Code and must not obstruct access to public or private utilities. At no time shall merchandise or displays obstruct the sidewalk or the roadway.
I. 
Light Manufacture
Light manufacture uses are allowed in the Commercial District. “Light manufacture” means production or manufacturing of small-scale goods, such as crafts, electronic equipment, bakery products, printing and binderies, furniture, and similar goods. Light manufacture uses shall conform to all of the following standards which are intended to protect the pedestrian-friendly, storefront character of the Commercial District:
1. 
Retail or Service Use Required. Light manufacture is allowed only when it is in conjunction with a permitted retail or service use.
2. 
Location. The light manufacture use shall be enclosed within a building or shall be located within a rear yard not adjacent to a street.
J. 
Food Trucks.
A food truck is an allowed use in the Commercial District. Food trucks must be licensed with the Linn County Environmental Health Department and shall comply with Oregon Health Authority requirements for the operation of a mobile food unit.[1] A food truck shall also comply with the following City requirements:
1. 
Shall not be located within 25 feet of an active driveway entrance.
2. 
Shall be located at least 3 feet from the right of way or back of sidewalk, whichever provides the greater distance from the right of way.
3. 
Shall not occupy pedestrian walkways or required landscape areas.
4. 
Shall comply with the following health and sanitation standards at all times:
a. 
Food truck operators shall provide wastewater/graywater disposal documentation that indicates how the outputs will be stored (if applicable) and what wastewater/graywater disposal method will be used. The documentation shall indicate a proper disposal method that ensures fats, oils and grease do not enter the City’s wastewater infrastructure.
b. 
Non-stormwater discharges to the City’s stormwater system are prohibited.
c. 
Stands shall ensure the availability of a restroom with hand washing facilities for employees. Stands that serve food to walk-up customers shall ensure the availability of a restroom with hand washing facilities for customers. The restrooms must be within one-quarter mile or within 5 minutes walking distance and be available during the stands’ hours of operation. Applicants shall provide the City with documentation that restrooms are available.
d. 
Trash receptacles shall be located on site for the convenience of the customer. Trash receptacles shall be emptied regularly and kept in a clean and sanitary condition.
[1]
See the Oregon Health Authority “Mobile Food Unit Operations Guide”. www.oregon.gov/oha/ph/healthyenvironments/foodsafety/documents/muguide.pdf

§ 2.4.100 Purpose.

The Industrial District accommodates a range of light and heavy industrial land uses. It is intended to segregate incompatible developments from other districts, while providing a high-quality environment for businesses and employees. This chapter guides the orderly development of industrial areas based on the following principles:
•
Provide for efficient use of land and public services
•
Locate business services close to employment
•
Ensure compatibility between industrial uses and commercial and residential areas
•
Provide appropriate design standards to accommodate a range of industrial users, in conformance with the Comprehensive Plan.

§ 2.4.110 Permitted Land Uses.

A. 
Permitted Uses. The land uses listed in Table 2.4.110 are permitted in the Industrial District, subject to the provisions of this chapter. Only land uses which are specifically listed in Table 2.4.110, and land uses which are approved as “similar” to those in Table 2.4.110, may be permitted. The land uses identified with a “CU” in Table 2.4.110 require Conditional Use Permit approval prior to development or a change in use, in accordance with Chapter 4.5.
B. 
Determination of Similar Land Use. Similar use determinations shall be made in conformance with the procedures in Chapter 4.8 - Code Interpretations.
C. 
Land Uses Prohibited in the Industrial District. Only uses specifically listed in Table 2.4.110, and uses similar to those in Table 2.4.110, are permitted in this district. New housing (other than one caretaker’s dwelling), churches, and similar facilities are expressly prohibited.
Table 2.4.110
Land Uses Permitted in the Industrial District
1.
Industrial
 
a.
Light manufacture (electronics, printing, bindery, furniture, and similar)
 
b.
Warehousing, storage and distribution
 
c.
Research facilities
 
d.
Commercial uses integral to a primary industrial use (administrative offices, wholesale of goods produced on location, and similar).
 
e.
Heavy manufacturing, assembly, and processing of raw materials* (CU)
 
f.
Junk yard, motor vehicle wrecking yards, and similar uses*(CU)
2.
Residential
 
a.
One caretaker unit shall be permitted for each development, subject to the standards in Section 2.4.160. Other residential uses are not permitted.
 
b.
All single-family residential dwellings built on industrially zoned property before June 30, 2004 are permitted outright in accordance with the Nonconforming Use provisions of HDC 5.2.1. Expansions, accessory buildings, and other residential uses are allowed according to the standards of the Residential District.
 
c.
Any legally permitted single family residential dwellings converted to a permitted commercial, office or industrial use after June 30, 2004 may revert to residential use with an approved Conditional Use Permit in accordance with the Nonconforming Use provisions of HDC 5.2.1.
3.
Commercial
 
a.
Automobile-oriented uses (vehicle repair, sales, rental, storage, service)
 
b.
Automobile-oriented use with drive-up or drive-through facilities (e.g. car wash, quick-lube, etc.)
 
c.
Construction offices, including outdoor equipment and materials storage* (CU)
 
d.
Hotels and motels
 
e.
Outdoor commercial uses (e.g., outdoor storage and sales) (CU)
 
f.
Personal and professional services (e.g., child care, food services, restaurants, or similar uses) when ancillary to the primary Industrial Use.
 
g.
Repair services (CU)
 
h.
Retail trade and services when ancillary to the primary Industrial Use
 
i.
Mini-storage or similar uses
 
j.
Veterinary offices and boarding facilities
 
k.
Wholesale trade and services
4.
Public and institutional uses
 
a.
Government facilities (e.g., public safety, utilities, school district bus facilities, public works yards, transit and transportation, and similar facilities where the public is generally not received);
 
b.
Private utilities (e.g., natural gas, electricity, telephone, cable, and similar facilities);
 
c.
Vocational or private schools co-located with parent industry or sponsoring organization;
5.
Wireless Telecommunications Equipment, subject to the standards in Chapter 3.6.110.
6.
Accessory Land Uses and Structures
(CU) Land uses with a CU require a Conditional Use Permit (CUP) subject to the procedure and standards in Chapter 4.5. Other uses may require a Conditional Use Permit if they generate significant noise, light/glare, dust and vibration impacts, or traffic. The standards for determining “significant” are provided in Section 2.4.160.A (Special Standards).
* Land uses with an asterisk (*) shall not be permitted north of H Street and South of Hwy 228.

§ 2.4.120 Development Setbacks.

Development setbacks provide separation between industrial and non-industrial uses for fire protection, security, building maintenance, sunlight and air circulation, noise buffering, and visual separation.
A. 
Front Yard Setbacks.
1. 
W. 1st Street Industrial Area. No front yard setback is required.
2. 
All Other Areas within the Industrial District. The minimum front yard setback shall be 20 feet. The setback standard shall increase by one foot for every one foot of building height in excess of 40 feet.
B. 
Side and Rear Yard Setbacks.
1. 
There are no required side or rear yard setback in the Industrial District, except as noted below.
2. 
Setback Exceptions.
a. 
All industrial development including buildings, parking, outdoor storage and industrial activities shall be set back from Residential districts by a minimum of 40 feet.
b. 
All industrial development including buildings, parking, outdoor storage and industrial activities shall be set back from other non-industrial districts by a minimum of 20 feet.
c. 
Any required side and/or rear setback shall increase by one foot for every one foot of building height in excess of 40 feet.
C. 
Other Yard Requirements.
1. 
Buffering. The City may require landscaping, walls or other buffering in setback yards to mitigate adverse noise, light, glare, and aesthetic impacts to adjacent properties.
2. 
Neighborhood Access. Construction of pathway(s) within setback yards may be required to provide pedestrian connections to adjacent neighborhoods or other districts, in accordance with Chapter 3.2 - Access and Circulation Standards.
3. 
Building and Fire Codes. All developments shall meet applicable fire and building code standards, which may require setbacks different from those listed above.

§ 2.4.130 Lot Coverage.

The maximum allowable lot coverage in the Industrial District is 80 percent. The maximum allowable lot coverage is computed by calculating the total area covered by buildings and impervious (paved) surfaces, including accessory structures. Compliance with other sections of this Code may preclude development of the maximum lot coverage for some land uses.

§ 2.4.140 Development Orientation.

Industrial developments shall be oriented on the site to minimize adverse impacts such as noise, glare, smoke, dust, exhaust, vibration, and similar, and to protect the privacy of adjacent uses to the extent possible.
Figure 2.4.140 Industrial Development Orientation
The following standards shall apply to all development in the Industrial District:
A. 
Minimal Impact. Mechanical equipment, lights, emissions, shipping/receiving areas, and other components of an industrial use that are outside enclosed buildings, shall be located away from residential areas, schools, parks and other non-industrial areas to the maximum extent practicable; and
B. 
Buffering. The City may require a landscape buffer, or other visual or sound barrier (fence, wall, landscaping, or combination thereof) to mitigate adverse impacts that cannot be avoided through building orientation standards alone.

§ 2.4.150 Building Orientation.

All of the following standards shall apply to new development within the Industrial District in order to contribute to the aesthetics of the streetscape and the community as a whole.
A. 
Building Entrances. All buildings shall have a primary entrance oriented to a street. “Oriented to a street” means that the building entrance faces the street or is connected to the street by a direct and convenient pathway. Streets used to comply with this standard may be public streets, or private streets/internal drive that contain pedestrian paths/sidewalks and street trees, in accordance with the design standards in Chapter 3.
B. 
Pathway Connections. Pathways shall be placed through yard setbacks as necessary to provide direct and convenient pedestrian circulation between developments and neighborhoods. Pathways shall conform to the standards in Chapter 3.
C. 
Arterial Streets. When the only street abutting a development is an arterial street (Hwy 228 or Hwy 99E), the building’s entrance(s) may be oriented to an internal drive. The internal drive shall provide a pedestrian pathway or sidewalk connecting the building entrances to the street right-of-way. The pathway shall conform to the standards in Chapter 3.
D. 
Buffers. The City may require a widened landscape buffer between development in the Industrial District and an adjacent Residential District to reduce light, glare, noise, and aesthetic impacts.
E. 
Commercial Developments. Commercial buildings and uses shall additionally conform to the block layout and building orientation standards for the Commercial District, as contained in Chapter 2.3, Section 2.3.140.
Figure 2.4.160 Industrial Architectural Features (Typical)

§ 2.4.160 Architectural Guidelines and Standards.

All developments in the Industrial District shall be evaluated during Site Design Review for conformance with the criteria in this section. The example shown below is meant to illustrate typical building design elements and should not be interpreted as a required architectural style.
Industrial buildings shall comply with the following architectural design standards:
A. 
Building Mass. Where building elevations are oriented to the street in conformance with Section 2.4.150, architectural features such as windows, pedestrian entrances, building off-sets, projections, detailing, change in materials or similar features, shall be used to break up and articulate large building surfaces and volumes.
B. 
Pedestrian-Scale Building Entrances. Where building entrances are visible from the street, recessed entries, canopies, and/or similar features shall be used at the entries to buildings in order to create a pedestrian-scale.

§ 2.4.170 Building Height.

The following building height standards are intended to promote land use compatibility and flexibility for industrial development at an appropriate community scale:
A. 
Base Requirement. Buildings shall be no more than 4 stories or 60 feet in height, whichever is greater, and shall comply with the building setback/height standards in Section 2.4.120.
B. 
Performance Option. The allowable building height may be increased to 80 feet, when approved as part of a Conditional Use Permit. The development approval may require additional setbacks, stepping-down of building elevations, visual buffering, screening, and/or other appropriate measures to provide a height transition between industrial development and adjacent non- industrial development. Smoke stacks, cranes, roof equipment, and other similar features which are necessary to the industrial operation may not exceed 20 feet in height above the roof without approval of a Conditional Use Permit.
C. 
Method of Measurement. “Building height” is measured as the vertical distance above average ground level measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof (See Figure 2.2.170.A and Figure 2.2.170.B for examples of measurement).

§ 2.4.180 Special Standards for Certain Uses.

A. 
Conditional Use Permit Required for Uses with Potential Adverse Impacts on Adjacent Uses or Neighborhoods. Industrial uses with potential for adverse impacts on adjacent uses or neighborhoods shall be required to obtain a Conditional Use Permit, in addition to Site Design Review approval:
1. 
Adverse Impacts (e.g. Significant Noise, Light/Glare, Dust and/or Vibration Impacts). Uses which are likely to create significant adverse impacts beyond the Industrial District boundaries in one or more of the following areas: noise, light/glare, dust, or vibration, shall require conditional use approval, in conformance with Chapter 4.5. The following criteria shall be used in determining the adverse impacts of a use are likely to be “significant”:
a. 
Light/Glare. Lighting and/or reflected light from the development exceeds ordinary ambient light and glare levels typical of the surrounding area. Lighting will be shielded to direct light down and/or away from adjacent uses. Lighting shall be designed to meet “Dark Sky” standards.
b. 
Dust and/or Exhaust. Dust and/or exhaust emissions from the development exceeds ambient dust or exhaust levels, or levels that existed prior to development.
c. 
Vibration. Vibration (i.e., from mechanical equipment) is sustained and exceeds ambient vibration levels from adjacent roadways and existing land uses in the surrounding area.
2. 
Traffic. Uses that are likely to generate unusually high levels of vehicle traffic due to shipping and receiving. “Unusually high levels of traffic” means that the average number of daily trips on any existing street would increase by 20 percent or more as a result of the development. The city may require a traffic impact analysis prepared by a qualified traffic engineering professional prior to deeming a land use application complete and determining whether the proposed use requires conditional use approval. Applicants may be required to provide a traffic analysis for review by Linn County for developments that increase traffic on County roads or by ODOT for developments that increase traffic on state highways.
B. 
Residential Caretakers. One residential caretaker unit shall be permitted for each primary industrial use, subject to the following conditions:
1. 
The unit shall be served with public water and sanitary sewerage disposal, in conformance with city engineering requirements.
2. 
Caretaker units shall be required to meet applicable fire safety and building code requirements, in addition to the applicable setback standards of this chapter.
C. 
Wireless Communications Facilities. Wireless communications facilities include radio, cellular, television and similar types of transmission and receiving facilities. The requirements for wireless communications facilities are provided in Chapter 3.6.110. Wireless communications facilities shall also comply with required setbacks, lot coverage and other applicable standards of the Industrial District.