Harrisburg City Zoning Code

Division 1. Division 1 describes the title, purpose, authority, organization, and general administration of the code. Division 1 also explains how City officials interpret and enforce code requirements.

Division 2. Division 2 contains the zoning regulations. Zones are designated by the City of Harrisburg zoning map, consistent with the City of Harrisburg comprehensive plan. The zoning regulations specify allowed land uses, and lot and development standards that are specific to particular land uses or zones. Before purchasing a piece of property or commencing a new use or development, changing an existing use or development, or applying for a building permit, the property owner should verify the City's zoning requirements.

Division 3. Division 3 contains public improvement requirements and building and site design standards for development.

HMC Title 19. HMC Title 19 contains application requirements and review procedures for land use and development decisions, including, but not limited to, procedures for land divisions, property line adjustments, conditional use permits, site design review, master planned developments, and variances.

Chapter 19.55 HMC contains definitions and other exhibits that the City uses to interpret and administer this code.

Compact development, which promotes the efficient provision of public services and infrastructure;

Mixed-use, which, to the extent feasible, places homes, jobs, stores, parks, and services within walking distance of one another;

Housing, which promotes a mix of housing and full range of residential opportunities for both ownership and renting;

Full utilization of urban services (e.g., water, sewer, storm drainage, parks, and transportation facilities), which maximizes the return on public investments in infrastructure;

Transportation efficiency, or development of an interconnected street system supporting multiple modes of transportation, which yields more direct routes (shorter distances) between local destinations, conserves energy, reduces emergency response times, and provides alternatives to the automobile for those who are unable or choose not to drive a car;

Human-scale design, or development in which people feel safe and comfortable walking from place to place because buildings, streetscapes, parking areas, landscaping, lighting, and other components of the built environment are designed foremost with pedestrians in mind;

Environmental health, which requires adequate light and air circulation, management of surface water runoff, and treatment and disposal of waste;

Employment opportunities, or development that brings employment opportunities and promotes access to the types of retail, professional and personal services that enhance quality of life;

Flexibility. A code that does not impose "one size fits all" type development but allows flexibility by encouraging unique or special design or uses consistent with a changing and evolving economy and built environment; and

Efficient administration of code requirements, consistent with the needs of the City of Harrisburg, a small city with limited administrative capacity.

Compliance With the Development Code. No structure or lot shall hereinafter be used, developed, or occupied, and no structure or part thereof shall be erected, moved, reconstructed, extended, enlarged, or otherwise altered except as permitted by this code. Furthermore, annexations and amendments to the zoning map, and amendments to the development code shall conform to applicable provisions of this code.

Obligation by Successor. The requirements of this code apply to the owner(s) of record, persons undertaking the development or the use of land, and to those persons' successors in interest.

Transfer of Development Standards Prohibited. Except as otherwise specifically authorized by this code, no lot area, yard, landscaping, or open space that is used to satisfy a requirement of this code for one use shall be used to satisfy the same requirement for another use.

Provisions of This Code Declared to Be Minimum Requirements. The provisions of this code, in their interpretation and application, are minimum requirements, adopted for the protection of the public health, safety, and general welfare.

Highest Standard or Most Contextually Relevant Requirement Applies. Whenever the requirement of this code varies from another provision of this code, or with other applicable regulations, the highest standard, or that standard or regulation most contextually relevant to the proposed land use, shall govern. The City Administrator or Planning Commission, as applicable, shall determine which code provision sets the highest standard, and/or is most relevant. Where the applicability of a code provision is unclear, the Planning Commission, or upon referral the City Council, may issue a formal interpretation pursuant to Chapter 18.30 HMC, Code Interpretations.

Tenses. Words used in the present tense include the future; the singular form includes the plural; and the plural includes the singular.

Requirements Versus Guidelines. The use of the word "shall," "must," "required," or similar directive terms, means the code provision is a requirement. The use of the word "should," "encouraged," "recommended," or similar terms, means the provision is a guideline, which may be imposed as a requirement but only where the applicable code criteria allow the (City decision-making body) to exercise such discretion.

Interpreting Illustrations. This code contains illustrations and photographs, code "graphics," which are intended to serve as examples of development design that either meet, or do not meet, particular code standards. Except where a graphic contains a specific numerical standard or uses the word "shall," "must," "required," or "prohibited," strict adherence to the graphic is not required.

Severability. The provisions of this code are severable. If any section, sentence, clause, or phrase is judged to be invalid by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portion of the code.

City of Harrisburg Comprehensive Plan. This title implements the City of Harrisburg comprehensive plan. Except as otherwise required by applicable State or Federal law, all provisions of this title shall be construed in conformity with the comprehensive plan, including any comprehensive plan elements or public facility master plans adopted pursuant to the comprehensive plan.

Compliance With Other Laws Required. In addition to the requirements of this title, all uses and development must comply with all other applicable City, State of Oregon, and Federal rules and regulations.

References to Other Regulations. All references to other City, State, and Federal rules and regulations are for informational purposes only and do not constitute a complete list of such requirements. The references do not imply any responsibility by the City for enforcement of State or Federal regulations. Where a proposal, permit, or approval is subject to both City of Harrisburg requirements and State or Federal requirements, the property owner is responsible for contacting the applicable agencies and complying with their rules and regulations.

Current Versions and Citations. All references to the regulations of other jurisdictions refer to the most current version and citation for those regulations, except where this title, City Council policy, or applicable law require otherwise. Where a referenced regulation has been amended or repealed, the City Planning Official, Planning Commission or, upon referral, the City Council, shall interpret and apply this title.

Zoning of Areas to Be Annexed. The comprehensive plan map shall guide the designation of zoning for annexed areas. Concurrent with annexation of land to the City of Harrisburg, the City Council shall enact an ordinance applying applicable zoning designation(s) to the territory being annexed.

Land Use Consistent With Development Code. Land and structures in the City of Harrisburg may be used or developed only in accordance with this code, including all amendments thereto. A lawful use of land ("use") is one that is permitted in accordance with this code, or is allowed as a legal nonconforming use, provided State or Federal law does not prohibit the use.

Development Code and Zoning Map. The City's official zoning map ("zoning map"), which may be published, amended, and filed separately from this code, is part of this code. The zoning districts depicted on the zoning map correspond to the zoning districts in this code. In addition, this code may contain zoning regulations for special areas (i.e., overlay zones), and for certain uses or structures that do not appear on the zoning map.

Interpreting the Zoning Map. Except as otherwise specified by this code, the City's zoning boundaries are as designated on the official zoning map, which is kept on file at City Hall. The City may adopt and publish supplemental zoning maps. In addition, the City may require field verification and mapping (e.g., survey) of a regulated feature as part of a development application.

Boundary Lines. Zoning district boundaries are determined pursuant to Chapter 18.40 HMC.

Changes to Official Zoning Map. Proposed changes to the official zoning map are subject to review and approval under Chapter 19.35 HMC, Amendments to Zoning Map or Code.

Official Action. The City of Harrisburg City Administrator, Planning Commission, and City Council are all vested with authority to issue permits and grant approvals in conformance with this code, pursuant to HMC Title 19, Application Review Procedures and Approval Criteria.

Void Future Actions. Any permit or approval issued or granted in conflict with the provisions of this code shall be void, unless the City modifies it in conformance with the code. The City Administrator shall determine when an approval is void and, as applicable, he or she shall refer it back to the decision body for modification to ensure code compliance.

Referral to Planning Commission. In addition to those actions that require Planning Commission approval, the City Administrator may refer any question or permit request to the Planning Commission, who then shall take action on the request pursuant to the applicable provisions of this code. See also Chapter 18.30 HMC, Code Interpretations and HMC Title 19, Application Review Procedures and Approval Criteria.

Notices, Filing, and Validity of Actions. The failure of any person to receive mailed notice or failure to post or file a notice, staff report, or form shall not invalidate any actions pursuant to this code, provided a good faith effort was made to notify all parties entitled to such notice report, or form. See Chapter 19.10 HMC, General Review Procedures.

The plot of land was lawfully created through a subdivision or partition plat in Linn County prior to annexation to the City of Harrisburg.

The plot of land was created through a deed or land sales contract recorded with Linn County.

Expansion of Nonconforming Use Limited. Any expansion of a nonconforming use exceeding 10 percent of the subject site or building, or for more than 2,000 square feet of building area that existed as of the construction of the now nonconforming use(s), requires approval of a conditional use permit under Chapter 19.25 HMC.

Location of Nonconforming Use. A nonconforming use shall not be moved in whole or in part from one lot to another lot, except as to bring the use into closer conformance with this code.

Discontinuation or Abandonment of Nonconforming Use. A nonconforming use that is discontinued for any reason (other than fire or other catastrophe or destruction beyond the owner's control) for a period of more than 18 months, except six months for signs, shall be deemed abandoned and shall no longer be an allowed use. For purposes of calculating the 18-month period, a use is discontinued when the most recent of one or more of the following events has occurred:

Application of Code Criteria and Standards to Nonconforming Use. Once the City deems a use abandoned pursuant to this chapter, any subsequent use of the subject lot shall conform to the current standards and criteria of this code.

Extension of Nonconforming Status for Discontinued Use. Notwithstanding the provisions of this chapter, a nonconforming use that is discontinued shall not be considered abandoned where, through a Type III procedure, the Planning Commission approves an extension for maintenance or repair, including ongoing, active renovation and efforts to lease the subject property. The owner must request the extension within the 18-month period of initial discontinuance.

Authorization of Similar Uses. Where a proposed use is not specifically identified by this code, or the code is unclear as to whether the use is allowed in a particular zone, the City Administrator may objectively find the use is similar to another use that is permitted, allowed conditionally, or prohibited in the subject zone and apply the code accordingly. However, uses and activities that this code specifically prohibits in the subject zone, and uses and activities that the City Administrator objectively finds are similar to those that are prohibited, are not allowed. Where these similar use rulings require the exercise of discretion, they shall be processed following the formal interpretation procedure, below. The City Administrator may also refer a request for a similar use determination to the Planning Commission for its review and decision following this procedure.

Code Interpretation Procedure. Requests for code interpretations, including, but not limited to, similar use determinations, shall be made in writing to the City Administrator and shall be processed pursuant to the Type II procedure in HMC § 19.10.030, and as follows:

Written Interpretation. Following the close of the public comment period on an application for a code interpretation, the City Administrator shall mail or deliver the City's decision in writing to the person requesting it, to any other person who specifically requested a copy of the decision, and to those who provided comment on the application. The decision shall become effective when the appeal period for the decision expires.

Referral to City Council. Where a code interpretation may have significant Citywide policy implications, the City Administrator may bypass the usual procedure and refer the request to the Planning Commission or City Council for legislative review in a public hearing. Such public hearings shall be conducted following Type IV procedure of this code.

Interpretations on File. The City shall keep on file a record of its code interpretations.

Violations. Violations will be identified by the City Administrator under the requirements of HMC § 1.10.040 and § 1.10.050.

Penalties. Code violations may be subject to criminal, civil, or other sanctions authorized under Chapter 1.10 HMC.

Stop Work Order. The City may issue a stop work order.

Public Nuisance. The City may find a violation of this code is a public nuisance and take enforcement action pursuant to Chapters 8.05 and 8.10 HMC.

Mediation. The City and property owner may mutually agree to engage in a mediation process.