This chapter establishes zoning districts, consistent with the City of Harrisburg comprehensive plan. Every unit of land (parcel, lot, tract, and right-of-way) within the City of Harrisburg is designated with a zoning district or “zone,” and may also be designated with one or more overlay zones (Chapter 18.55 HMC). The use of land is limited to the uses allowed by the applicable zone(s). [Ord. 987 § 1 (Exh. A), 2022.]

Zoning designations are as depicted on the City of Harrisburg zoning map. The City Administrator maintains official copies of the City zoning map and comprehensive plan. Where a conflict between documents arises, the comprehensive plan shall govern.

1. Residential Districts (R-1, R-2, R-3). Residential zoning districts are intended to accommodate a mix of residential uses at a variety of densities, consistent with the housing needs and goals of the City; promote the orderly development and improvement of neighborhoods; facilitate compatibility between dissimilar land uses; allow residences in proximity, and with direct connections to schools, parks, and community services; and to ensure efficient use of land and public facilities. The following summarizes the purpose of each residential district. See also Chapter 18.45 HMC, Zoning District Regulations, and Chapter 18.50 HMC, Special Use Standards.

a. The residential low density (R-1) district permits residential uses at densities between one and six dwelling units per net acre. Permitted residential uses consist primarily of detached single-family housing, or duplex/townhome housing subject to special use standards, and community service uses such as churches, schools, and parks.

b. The residential medium density (R-2) district permits residential uses at densities between two and 12 dwelling units per net acre. Permitted residential uses consist of detached (e.g., single-family and duplex) housing and attached (e.g., townhouse and multifamily) housing. The R-2 district also allows, subject to special use standards, parks, schools, places of worship, and certain community or public service uses.

c. The residential high density (R-3) district permits residential and mixed uses at densities between 12 and 18 dwelling units per net acre. Permitted residential uses consist of detached (e.g., single-family dwellings, vacation rentals, community gardens, and utility structures/City facilities). The R-3 district also allows certain commercial, public and institutional uses subject to specific special use or conditional use standards. The table in Chapter 18.45 HMC provides the actual list of allowed uses.

2. Commercial District (C-1). The commercial zoning district accommodates a mix of commercial services, retail, and civic uses, with existing residences permitted to continue, and new residential uses permitted in the upper stories of buildings. The commercial zoning district provides for the full range of commercial land uses within the City. The zoning district regulations are intended to promote the orderly development and improvement of walkable or short-trip auto commercial areas; facilitate compatibility between dissimilar land uses; provide employment opportunities in proximity to residential and industrial areas; and to ensure efficient use of land and public facilities. The commercial district allows many uses, except that different development and design standards may apply to specific types of development based on the physical context, traffic or pedestrian activity of each subarea of the C-1 zone. See Chapter 18.45 HMC, Zoning District Regulations, and Chapter 18.50 HMC, Special Use Standards.

3. Limited Industrial District (M-1). The M-1 zoning district accommodates a mix of less intensive uses engaged in manufacturing, processing, warehousing, distribution, and similar activities. The M-1 industrial zoning district provides for a limited range of planned industrial land uses within the City. The district is intended to provide for efficient use of land and public services, employment opportunities and a high-quality environment for business, offer a range of parcel sizes and locations for industrial site selection, avoid negative impacts on neighboring parcels, provide transportation options for employees and customers, and facilitate compatibility between dissimilar uses.

4. General Industrial District (M-2). The M-2 zoning district accommodates a mix of industrial, manufacturing, processing, and related activities, including intensive uses. The district is intended to provide for efficient use of land and public services, employment opportunities, a variety of parcel sizes and locations for industrial uses.

5. Public Use and Facilities, Parks and Open Space Districts (PUZ). See also Chapter 18.45 HMC, Zoning District Regulations, and Chapter 18.50 HMC, Special Use Standards.

a. The public use and facilities (PUZ) district provides a zoning option where public and semi-public uses, including, but not limited to, schools, government offices, fire stations, police stations, libraries, public works yards, reservoirs, parks, recreation areas or fields, open space, community/senior centers, and similar uses, are permitted outright.

6. Greenway Special Purpose Overlay Zone (GSP). The greenway special purpose overlay zone represents special requirements that apply to M-1, C-1, and residential zones adjacent to the Willamette River as further described in HMC 18.55.040. [Ord. 1002 § 1 (Exh. A), 2024; Ord. 987 § 1 (Exh. A), 2022.]

Due to the scale, lack of scale, lack of detail, or illegibility of the zoning map, or due to any other reason, where there is uncertainty, contradiction, or conflict as to the intended location of a zoning district boundary, the City Administrator or, upon referral, the Planning Commission, shall determine the boundary as follows:

1. Right-of-Way. Boundaries that approximately follow the centerlines of a street, highway, alley, bridge, railroad, or other right-of-way shall be construed to follow such centerlines. 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 areas. In cases where the right-of-way formerly served as a zoning district boundary, the vacated lands within the former right-of-way shall be allocated proportionately to the abutting zoning districts.

2. Parcel, Lot, Tract. Boundaries indicated as approximately following the boundaries of a parcel, lot, or tract shall be construed as following such boundaries.

3. Jurisdiction Boundary. Boundaries indicated as approximately following a City or County boundary, or the urban growth boundary, shall be construed as following said boundary.

4. Natural Feature. Boundaries indicated as approximately following a river, stream, topographic contour, or similar feature not corresponding to any feature listed in subsections (1) through (3) of this section shall be construed as following such feature. [Ord. 987 § 1 (Exh. A), 2022.]

This chapter regulates allowed land uses (“uses”) and sets forth lot and development standards, including minimum dimensions, area, density, coverage, structure height, and other provisions that control the intensity, scale, and location of development. The regulations of this chapter are intended to implement the City of Harrisburg comprehensive plan and the purposes of this title. [Ord. 987 § 1 (Exh. A), 2022.]

All real property in the City of Harrisburg is subject to the zoning regulations of this title and HMC Title 19. Certain types of land uses are also subject to the special use regulations in this title. In addition, some properties are subject to both the general (“base zone”) regulations and the overlay zone regulations of this title.

Property owners, realtors, project proponents, and others are advised to verify the regulations that apply to a particular property before beginning a new project, purchasing real estate, or marketing a property for sale. [Ord. 987 § 1 (Exh. A), 2022.]

1. Uses Allowed in Base Zones. Allowed uses include those that are permitted (P) outright, those that are permitted subject to meeting special use standards or requirements (S), and those that are allowed subject to approval of a conditional use permit (CU) as identified by Table 18.45.030. Allowed uses fall into four general categories: residential, public and institutional, commercial, and industrial. The examples listed in Table 18.45.030 are for informational purposes and are not exclusive. Where Table 18.45.030 does not list a specific use, and Chapter 19.55 HMC, Definitions, does not identify the use or include it as an example of an allowed use, the City will provide an interpretation if the proposed use is allowed, or is not allowed, pursuant to HMC 18.30.010. Uses not listed in Table 18.45.030 and not found to be similar to an allowed use are prohibited.

2. Permitted Uses and Uses Permitted Subject to Special Use Standards. Uses listed as “Permitted Use (P)” are allowed provided they conform to relevant lot and development standards. Uses listed as “Permitted With Special Use Standards (S)” are allowed, provided they conform to Chapter 18.50 HMC, Special Use Standards. Uses listed as “Not Allowed (N)” are prohibited. Uses not listed but similar to those allowed may be permitted following the code interpretations of this title.

3. Conditional Uses. Uses listed as “Conditional Use Permit Required (CU)” are allowed subject to the requirements of Chapter 19.25 HMC, Conditional Use Permits.

4. Uses Regulated by Overlay Zones. Notwithstanding the provisions of this chapter, additional standards may apply to uses within overlay zones. In addition, an overlay zone may allow exceptions to some standards of the underlying zone. See Chapter 18.55 HMC.

5. Master Planned Developments/Planned Unit Developments. Uses that are not otherwise allowed by the underlying zone may be permitted through the master planned development procedure under Chapter 19.45 HMC.

6. Accessory Uses. Uses identified as “Permitted (P)” are permitted as primary uses and as accessory uses. For information on other uses that are customarily allowed as accessory, please refer to the description of the use categories in Chapter 19.55 HMC, Definitions.

7. Mixed-Use. Uses allowed individually are also allowed in combination with one another, in the same structure, or on the same site, provided all applicable development standards are met.

8. Outdoor Uses. Any use of real property that occurs primarily outside (i.e., not within a permitted building) requires a conditional use permit under this chapter. Examples of outdoor uses and unenclosed activities include, but are not limited to, automotive services, vehicle and equipment repair, fueling, drive-in restaurants, drive-up windows and similar drive-through facilities, automatic teller machines, kiosks, outdoor assembly and theaters, outdoor markets, and similar uses. Outdoor uses of the public right-of-way, for example, cafe seating, may be permitted without a conditional use permit when an encroachment permit is approved by the applicable roadway authority.

9. Temporary Uses. Temporary uses may occur no more than four times in a calendar year and are seasonal in nature. Approval of a special event or use permit in accordance with Chapter 9.52 HMC is required. Uses may be permitted on a temporary basis, subject to review and approval under Chapter 19.15 HMC, Site Design Review.

10. Disclaimer. Property owners are responsible for verifying whether a specific use is allowed on a particular site. The City Administrator may require a special permit to allow an outdoor or temporary use(s) that is otherwise permitted in the zone.

[Ord. 1002 § 1 (Exh. A), 2024; Ord. 987 § 1 (Exh. A), 2022.]

1. Development Standards. This section provides the general lot and development standards for each of the City’s base zoning districts. The standards of this section are organized into two tables: Table 18.45.040.4 applies to residential and residential-commercial zones, and Table 18.45.040.5 applies to nonresidential zones.

2. Development Standards. City standards for access, circulation, site and building design, parking, landscaping, fences and screening, and public improvements, among others, are located in HMC Title 18. Notwithstanding the provisions of Tables 18.45.040.4 and 18.45.040.5 and other standards in HMC Title 18. Additional standards may apply in specific locations, such as at street intersections, within overlay zones, adjacent to natural features, and other areas as may be regulated by this code or subject to State or Federal requirements. For requirements applicable to the City’s overlay zones, please refer to Chapter 18.55 HMC.

3. Lot and Development Standards for Residential Districts. The development standards in Tables 18.45.040.4 and 18.45.040.5 apply to all new development as of the effective date of HMC Titles 18 and 19 in September 2022.

4. Table 18.45.040.4 – Lot and Development Standards for Residential Zones.

5. Lot and Development Standards for Nonresidential Districts. The development standards in Table 18.45.040.5 apply to all new development as of the date of adoption of this chapter in the City’s nonresidential zones, as follows:

[Ord. 1002 § 1 (Exh. A), 2024; Ord. 987 § 1 (Exh. A), 2022.]

1. Encroachments.

a. Except as otherwise restricted by applicable building codes, building elements such as eaves, chimneys, bay windows, overhangs, heating, cooling and ventilation systems, and similar incidental structures may extend into the required setback yards by no more than 24 inches; provided, that a setback of not less than 36 inches is maintained, all applicable building codes are met, and the clear vision standards in HMC 18.70.030 are met.

b. Porches, decks, patios, and similar features not exceeding 30 inches in height may encroach into setbacks, provided a minimum setback of not less than 36 inches is maintained and all applicable building codes are met.

c. Fences may be placed within setback yards, subject to the standards of Tables 18.45.040.4 and 18.45.040.5.

2. Flag Lots. The City Administrator or the Planning Commission may designate the front yard of a flag lot (to ensure compatibility with adjacent land uses, based on existing development patterns and location of adjacent driveways, utilities, and natural features), as either the:

a. Front yard parallel to the street providing automobile access; or

b. Front yard parallel to the flagpole from which driveway access is received; or

c. Other, as surrounding land uses or building construction needs may indicate.

The City shall review proposals for flag lots pursuant to the standards in HMC 19.20.040. [Ord. 987 § 1 (Exh. A), 2022.]

To ensure efficient use of buildable lands and to provide for a range of needed housing in conformance with the comprehensive plan, all new developments in the residential districts shall conform to the minimum and maximum densities prescribed in Table 18.45.040.4, except as provided in subsections (1) through (3) of this section:

1. Residential care homes and facilities, senior housing, including assisted living, accessory dwellings, and subdivisions, are exempt from the minimum density standard.

2. The density standards may be averaged over more than one development phase (i.e., as in a master planned development). Duplex lots used to comply with the density standard shall be so designated on the final subdivision plat.

3. Minimum and maximum housing densities are calculated by multiplying the total parcel or lot area by the applicable density standard.

4. Areas reserved for flag lot access (flag poles) are not counted as part of the total parcel or lot area for the purpose of calculating density. [Ord. 987 § 1 (Exh. A), 2022.]

1. Lot Coverage Calculation. The maximum allowable lot coverage, as provided in Table 18.45.040.4, is calculated as the percentage of a lot or parcel covered by buildings and structures (as defined by the foundation plan area) at 30 inches or greater above the finished grade. It does not include paved surface-level developments such as driveways, parking pads, and patios that do not meet the minimum elevation of 36 inches above grade.

2. Lot Coverage Bonus. The City Administrator or the Planning Commission, subject to review through a Type II procedure, may approve increases to the lot coverage standards in Table 18.45.040.4, as follows:

a. Lot coverage may increase by up to one-half square foot for every one square foot of proposed automobile parking area to be contained in a parking structure (either above or below leasable ground floor space, e.g., residential, commercial, or civic use), not to exceed a 20 percent increase in allowable coverage.

b. Lot coverage may increase by up to three-quarters (75 percent) of a square foot for every one square foot of proposed parking area paving that uses a City-approved porous or permeable paving material (i.e., allowing storm water infiltration).

c. Lot coverage may increase by up to three-quarters (75 percent) of a square foot for every one square foot of City-approved water quality treatment area (e.g., vegetative swale or biofiltration) to be provided on the subject site.

d. In approving increases in lot coverage under subsections (2)(a) through (c) of this section, the City may require additional landscape buffering or screening, above that which is required by other provisions of this code, and may impose reasonable conditions of approval to ensure the ongoing maintenance of parking areas and surface water management facilities.

e. Notwithstanding the lot coverage increases authorized by this section, all other development standards of this chapter, and other applicable provisions of this code, must be met. [Ord. 987 § 1 (Exh. A), 2022.]

1. Building Height Measurement. Building height is measured pursuant to the building code.

2. Exception From Maximum Building Height Standards. Except as required pursuant to FAA regulations, chimneys, bell towers, steeples, roof equipment, flag poles, and similar features not for human occupancy are exempt from the maximum building heights; provided, that all applicable fire and building codes are met.

3. Fence Height Increase. Where Tables 18.45.040.4 and 18.45.040.5 provide for a height increase, the proposal shall be subject to City review and approval pursuant to Chapter 19.25 HMC. [Ord. 987 § 1 (Exh. A), 2022.]

Special uses included in this chapter are uses which, due to their effect on surrounding properties, must be developed in accordance with special conditions and standards. These special use standards supplement the standards established for other uses in the same zoning district. [Ord. 987 § 1 (Exh. A), 2022.]

All uses designated as special (“S”) uses in Table 18.45.030, and uses the City determines to be similar to such uses, are subject to the standards of this chapter. When a dimensional standard for a special use differs from that of the underlying district, the standard for the special use shall apply. [Ord. 987 § 1 (Exh. A), 2022.]

The Type II administrative review process is used for permitting special uses in the C-1 and M-1 zones, except that the City Administrator may directly refer a special use application to the Planning Commission for a Type III process or require the applicant to use the site plan review process, as in accordance with Chapter 19.15 HMC. [Ord. 987 § 1 (Exh. A), 2022.]

1. Purpose. The following provisions are intended to encourage mixed-use development, including cottage industries and business incubators, by integrating small-scale manufacturing with commercial uses. For the purposes of this section, artisanal uses are those that blend manufacturing and retail uses such as brewpubs, winery tasting rooms, artist studios, cabinet makers, and similar uses, on the same site.

2. Applicability. The following standards apply where manufacturing uses are allowed in commercial zones and where retail uses are allowed in industrial zones.

3. Standards.

a. Where a manufacturing use is allowed in a commercial zone, it shall be wholly enclosed in a building except as unenclosed operations may be authorized by a conditional use permit (Chapter 19.25 HMC).

b. A manufacturing use in the C-1 zone shall not exceed the lesser of 50 percent of any adjacent commercial use or 5,000 square feet.

c. Where a manufacturing use is allowed in the C-1 or M-1/M-2 zone and the subject site is located within 100 feet of a residential zone, the City may limit the hours of operation of the commercial or industrial uses to between 6:00 a.m. and 10:00 p.m. whenever noise generation exceeds actual ambient background noise levels by 60 dB for more than 15 minutes between the hours of 10:00 p.m. to 7:00 a.m. and 80 dB for more than 15 minutes between the hours of 7:00 a.m. to 10:00 p.m.

d. Manufacturing uses in commercial zones shall be limited to those uses that produce no additional air pollution or noxious odors.

e. Where a commercial use is allowed in an industrial zone, it shall be permitted only in conjunction with a primary industrial use and shall not exceed the lesser of 50 percent of the floor area of the primary industrial use or 5,000 square feet.

f. A commercial use in/on a vacant industrial zone parcel shall be permitted only if:

(1) It is under 5,000 square feet; and

(2) It meets all C-1 and development standards of Table 18.45.040.5.

(3) It meets all M-2 (Table 18.45.040.5) standards and the requirements of this subsection (3). [Ord. 987 § 1 (Exh. A), 2022.]

1. Purpose. The following provisions are intended to promote compatibility between duplex dwellings and single-family dwellings in the R-1, R-2 and R-3 zones.

2. Applicability. The following standards apply where a duplex is proposed on a lot abutting a lot containing a single-family dwelling. The standards are applied through a Type II review procedure, prior to submittal of building plans to the Building Official.

3. Standards. The duplex shall meet all of the following standards:

a. The duplex shall not exceed the height of the subject single-family dwelling by more than 10 percent.

b. The duplex shall have no blank wall oriented to a street. This standard is met if any elevation facing a public street is composed of not less than 20 percent windows and door surface area, exclusive of garage door.

c. The roof form on the duplex (e.g., gable, flat, or hipped) shall be the same as the roof form of any adjacent single-family dwellings.

d. The duplex shall not exceed the lesser gross floor area of:

(1) Fifteen percent larger than the combined size of the closest two single-family dwellings on abutting lots (or two times the size of the closest dwelling if there is only one abutting lot containing a single-family dwelling); or

(2) Four thousand five hundred square feet.

e. In R-1 zones, the duplex minimum lot size shall be 9,000 square feet.

f. In the R-2 zones, the duplex minimum lot size shall be 7,000 square feet.

g. In the R-3 zones, the duplex minimum lot size shall be 6,000 square feet. [Ord. 987 § 1 (Exh. A), 2022.]

1. Purpose. The following provisions are intended to promote a compatible building scale where attached single-family (townhome) dwellings are proposed, while minimizing the impact of garages along street fronts and creating a streetscape that is conducive to walking.

2. Applicability. The following standards apply to new attached single-family (townhome) dwellings in all residential zones. The standards are applied through the zoning checklist. Those not meeting these requirements must meet the review standards and criteria of a site plan review pursuant to Chapter 19.15 HMC, prior to issuance of building permits.

3. Standards. Where attached single-family (townhome) dwellings are proposed, the structure(s) shall meet all of the following standards:

a. Each building shall contain not more than four consecutively attached dwelling units and not exceed an overall length or width of 125 feet.

b. The primary entrance of each dwelling unit shall orient to a street or an interior courtyard that is not less than 24 feet in width. This standard is met when the primary entrance faces or is within 45 degrees of parallel to an abutting street or courtyard.

c. Where the subject site is served by an existing or planned alley, vehicle access shall be from the alley and all garage entrances shall orient to the alley. Planned alleys shall be at least 24 feet in width.

d. The development standards of Chapter 18.45 HMC and the building and site design standards of Chapters 18.60 through 18.75 HMC shall be met.

e. Every dwelling unit in a townhouse/attached single-family dwelling shall, on the primary entrance side, be composed of not less than 20 percent windows and door surface area, exclusive of the garage door(s).

f. The standards of this subsection (3) shall be met.

g. Attached single-family (townhome) dwellings that include an attached row of three or more dwelling units shall provide a total of five or more off-street parking locations, consistent with HMC 18.80.020(3)(a) and (b). [Ord. 1002 § 1 (Exh. A), 2024; Ord. 987 § 1 (Exh. A), 2022.]

1. Purpose. The following standards are intended to ensure that multifamily developments are planned with adequate open space and are designed to prevent conflicts between residential uses, and provide on-site recreation, and vehicle circulation and parking areas. The standards supplement the design standards of Chapters 18.60 through 18.90 HMC.

2. Applicability. This applies to new multifamily developments of three or more dwelling units in the R-2 and R-3 zones.

3. Standards.

a. Common Open Space and Landscaping. A minimum of 25 percent of the site area in the R-2 district and 20 percent of the site area in the R-3 district shall be designated and permanently reserved as common area, landscaped area, recreation area, or open space, in accordance with all of the following criteria:

(1) “Site area” for the purposes of this section is defined as the subject lot or lots after subtracting any required dedication of street right-of-way.

(2) The common area or open space shall contain one or more of the following: outdoor recreation area, tree grove (e.g., existing mature trees), turf play fields or playgrounds, sports courts, swimming pool, walking fitness course, natural area with picnic benches, or similar open space amenities as appropriate for the intended residents.

(3) In order to be counted as eligible toward the minimum open space area, such areas shall have dimensions of not less than 20 feet in every direction.

(4) Open space and common areas not otherwise developed with recreational facilities shall be landscaped; alternatively, the City Planning Commission or City Administrator may approve a tree preservation plan (retain mature tree groves) in lieu of landscaping.

(5) Up to one-half of the required common open space may be met by one or more structures offering recreational, meeting spaces, or cooking/eating facilities.

b. Private Open Space. Private open space areas shall be required for dwelling units based on the following criteria:

(1) A minimum of 80 percent of all ground-floor dwelling units shall have front or rear patios or decks containing at least 48 square feet of usable area. Ground floor housing means the housing unit entrance (front or rear) is within five feet of the finished ground elevation (i.e., after grading and landscaping).

(2) A minimum of 80 percent of all upper-floor housing units shall have balconies or porches containing at least 48 square feet of usable area. “Upper-floor housing” means housing units that are more than five feet above the finished grade.

(3) Affordable housing units with 50 percent or more of the site area designated and permanently reserved as landscaped common or recreational area shall be allowed to eliminate balconies or porches.

c. Access, Circulation, Landscaping, Parking, Public Facilities. The standards of Chapters 18.60 through 18.85 HMC shall be met.

d. Trash Storage. Trash receptacles, recycling, and storage facilities shall be oriented away from building entrances, set back at least 10 feet from any public right-of-way and adjacent residences and shall be screened with an evergreen hedge or solid fence or wall of not less than six feet in height. Receptacles/trash storage area must be accessible to trash trucks. [Ord. 987 § 1 (Exh. A), 2022.]

1. Purpose. This section provides standards for residential uses in the C-1, M-1, M-2, and PUZ zones.

2. Applicability. This section applies to dwellings in the C-1, M-1, M-2, and PUZ zones.

3. Standards. Residential uses in the C-1, M-1, and PUZ zones shall conform to all of the following standards:

a. New residential uses shall not be located in a ground building floor space within the historical district overlay zone.

b. New residential uses within the historical district overlay zone shall be permitted only above or below a ground-floor space approved for a permitted nonresidential use.

c. New residential uses in the C-1 zone are not allowed except as part of a mixed-use development requiring a site plan review or master planned development application.

d. Single-family dwellings lawfully existing as of the date of adoption of this chapter may continue as permitted uses; and in the event of involuntary damage or destruction due to fire or other event beyond the owner’s control, such single-family use may be rebuilt and reestablished pursuant to HMC 18.45.030 and applicable building codes.

e. New residential uses in the C-1, M-1, M-2, and PUZ zones shall consist of not more than two dwelling units per parcel, each dwelling unit not to exceed 2,500 square feet, and off-street parking provided for at least three vehicles, except for the historical district overlay.

f. New residential uses in the C-1, M-1, and M-2 zones shall not exceed a lot/parcel coverage ratio of 40 percent. [Ord. 987 § 1 (Exh. A), 2022.]

Family daycare uses are limited to on-site care for not more than 16 children and shall conform to the State licensing requirements and standards under ORS 657A.250 and 657A.440(4). Family daycare uses must also have a current City of Harrisburg business license. [Ord. 987 § 1 (Exh. A), 2022.]

Residential care homes, residential care facilities, and childcare facilities, where allowed, shall conform to all of the following standards and procedures. Residential care facilities are not the same as acute care facilities, which are classified as community service uses, and they are not the same as senior housing facilities that provide limited or no medical care, which are classified as multifamily housing.

1. Licensing and State Requirements. Residential care homes, residential care facilities, and childcare facilities shall be licensed by the State of Oregon and comply with State requirements.

2. Residential Care Homes. Residential care homes, permitted in all residential zones, may provide residential care alone, or in conjunction with treatment or training, for five or fewer individuals who need not be related. Staff required to meet State licensing requirements is not counted in the number of facility residents and need not be related to each other or the residents. The same development code standards that apply to single-family dwellings also apply to residential care homes, except where State law supersedes City standards.

3. Residential Care Facilities. Residential care facilities, permitted in all residential zones, may provide residential care alone, or in conjunction with treatment or training, for between six and 15 individuals who need not be related. Staff required to meet State licensing requirements is not counted in the number of facility residents and need not be related to each other or the residents. The same development code standards that apply to multiple-family dwellings also apply to residential care homes, except where State law supersedes City standards.

4. Childcare Facilities. Childcare facilities are permitted as “S” type review and standards as applicable to and consistent with the requirements of the R-3 zone as contained herein.

5. Access. The access and circulation standards of Chapter 18.70 HMC shall be met.

6. Parking. The parking standards of Chapter 18.80 HMC shall be met.

7. Landscaping. Residential care facilities are required to comply with the landscaping and screening standards of Chapter 18.75 HMC. The City may require the installation of a landscape hedge or fence on the property line separating a residential care facility from an abutting lot containing a single-family dwelling for the purposes of visual screening and privacy between uses.

8. Building Design Standards. Residential care facilities are required to comply with the building orientation and design standards for multifamily housing, pursuant to Chapter 18.60 HMC; except where a State requirement conflicts with a City standard, the State requirement, not the City standard, shall apply. The building design standards do not apply to residential care homes.

9. Review Procedure. Residential care homes, other than a childcare center, are subject to review and approval through a Type II review procedure under HMC 19.10.030 prior to issuance of building permits. Residential care facilities are subject to a Type III (public hearing) review and approval under HMC 19.10.040. [Ord. 987 § 1 (Exh. A), 2022.]

1. Purpose. The purpose of this section is to encourage those who are engaged in small commercial ventures that could not necessarily be sustained if it were necessary to lease commercial quarters, or which by the nature of the venture are appropriate in scale and impact to be operated within a residence.

2. Applicability. This section applies to home occupation uses in residential zones. A home-based business in a commercial or residential-commercial zone is considered a commercial use and is not subject to the standards of this section.

3. Home Occupation in Residential Zones. Home occupations are permitted, provided the owner completes a home occupation registration form and obtains a City of Harrisburg business license and meets the requirements of Chapters 5.05 and 5.07 HMC.

4. Home Occupation Standards. Home occupations shall conform to all of the standards of Chapter 5.07 HMC, except the City Administrator may require a conditional use permit in accordance with Chapter 19.25 HMC. All uses and structures on the subject property conform to applicable City regulations, including, but not limited to, building codes and nuisance regulations.

5. Enforcement. With cause, the City’s Code Enforcement Officer or other law enforcement official may visit a home occupation site to inspect the site and enforce the provisions of this code.

a. Any violations noted by the inspecting officer shall be corrected within 15 days;

b. Failure to correct a violation will result in the issuance of a citation and complaint, and resultant fine as per Chapter 1.10 HMC;

c. Failure to pay the fine levied in Municipal Court within the time period as determined by the Municipal Judge will further result in an indefinite suspension of the home occupation license until such time as the enforcement officer confirms that all violations have been corrected. [Ord. 987 § 1 (Exh. A), 2022.]

Manufactured homes are permitted on individual lots, subject to all of the following design standards. Manufactured dwellings relocated into the City of Harrisburg shall conform to City standards. The following standards do not apply to dwellings lawfully established and existing within the City prior to the effective date of this chapter. See also Chapter 18.45 HMC and HMC 18.50.130 and 18.50.140, respectively, regarding mobile home and manufactured home parks, and mobile homes and recreational vehicles used as dwellings.

1. Floor Plan. The manufactured home shall be multi-sectional and have an enclosed floor area of not less than 1,000 square feet and be at least 20 feet wide.

2. Roof. The manufactured home shall have a pitched roof with a slope not less than three 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 to the exterior siding and roof material used on nearby residences; horizontal wood or horizontal wood-appearance siding and composite roofing is also permitted.

4. Garages and Carports. A carport or garage sufficient to house two or more vehicles shall be constructed of materials and of similar appearance to those used on the home prior to manufactured home occupancy.

5. A manufactured home will be considered new construction and all City requirements for curbs, gutters, sidewalks and landscaping shall be complied with.

6. At time of placement, the manufactured dwelling shall be in good repair, free of damage or any internal or external material defects and built after June 15, 1976, and conform to the NHCSA Act of 1974, as amended, and fully prepared for human habitation.

7. Wheels, axles, and tongue shall be removed.

8. Thermal Envelope. The manufactured home shall be certified by the manufacturer to meet the thermal envelope requirements equivalent to those for a single-family dwelling constructed under the State Building Code. Evidence demonstrating that the manufactured home meets “Super Good Cents” energy efficiency standards, or an equivalent standard, is deemed to satisfy the exterior thermal envelope certification requirement.

9. Manufactured Dwelling Placement Permit. An approved permit is required prior to placement.

10. Placement. The manufactured home shall be placed on an excavated and continuous back-filled foundation and enclosed at the perimeter such that the manufactured home is located not more than 16 inches above grade and complies with the minimum set-up standards of the adopted State Administrative Rules for Manufactured Dwellings, OAR Chapter 918. Where the building site has a sloped grade, no more than 16 inches of the enclosing material shall be exposed on the uphill side of the home.

11. Floodplain. Manufactured homes shall comply with HMC 15.20.170 and 15.20.180 and the following standards:

a. The stand shall be a minimum of 12 inches above base flood elevation (BFE) unless the foundation wall is opened on one side or end so that floodwater cannot be trapped. (Manufactured Dwelling Specialty Code, 4-3.1(5))

b. The bottom of the longitudinal chassis frame beam in A zones, and the bottom of the lowest horizontal structural member supporting the dwelling in V zones shall be a minimum of 12 inches above BFE. See definition of “lowest floor”
in Manufactured Dwelling Specialty Code.

c. The manufactured dwelling shall be anchored to prevent flotation, collapse, or lateral movement during the base flood. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for anchoring techniques). (44 CFR 60.3(c)(6))

d. Electrical crossover connections shall be a minimum of 12 inches above BFE. (Manufactured Dwelling Specialty Code, 6-4.2(1))

12. Foundation Skirt. The foundation area of the manufactured home shall be fully skirted with concrete, horizontal wood or vinyl siding, or other materials, pursuant to applicable building codes and consistent with the rest of the manufactured dwelling. The foundation skirt shall be painted with a color and style consistent with the rest of the manufactured dwelling.

13. Prohibited. The manufactured home shall not be located in the City’s designated historic district (H-1) or next to any structure on the Harrisburg register of historic resources. [Ord. 987 § 1 (Exh. A), 2022.]

Mobile home and manufactured dwelling parks (not including recreational vehicles) are permitted on parcels of one acre to two and one-half acres, subject to compliance with subsections (1) through (6) of this section:

1. Permitted Uses. Single-family residences, manufactured home park manager’s office, home occupations, and accessory structures that are necessary for the operation and maintenance of the manufactured dwelling park (e.g., landscape maintenance).

2. Development Standards. Development of manufactured and mobile home parks, including placement of manufactured and mobile homes with a park, shall comply with applicable building codes and State requirements for mobile home and manufactured dwelling parks in ORS Chapter 446.

3. Perimeter Landscaping. When manufactured dwellings are oriented with their back or side yards facing a public right-of-way, the City may require installation of fencing and planting of a landscape buffer of five to 10 feet in width between the right-of-way and a manufactured home park for the privacy and security of park residents or for privacy of adjacent residences.

4. Manufactured Dwelling Design. In manufactured dwelling parks, manufactured homes shall meet the following standards:

a. The manufactured home shall have a pitched roof with a slope not less than three feet in height for each 12 feet in width (14 degrees).

b. The manufactured home shall have exterior siding and roofing which in color, material, and appearance are similar to the exterior siding and roof material used on nearby residences; horizontal wood or horizontal wood-appearance siding and composite roofing is also permitted.

c. The maximum park density shall be one manufactured dwelling per 4,500 square feet of area within the park boundary.

d. Each structure on/in the park shall meet all setback standards of the R-3 zone except that minimum distance (setback) between manufactured dwelling units shall be 12 feet.

e. All manufactured dwelling parks shall provide separate recreational areas of the greater of 3,500 square feet or 250 square feet per dwelling space. Landscaped areas can serve as a credit toward meeting this requirement, but not to exceed 1,000 square feet. Structures such as clubhouses, playgrounds, fitness facilities, sport courts, etc., can meet the requirement.

f. A separate storage area of 750 square feet for every 10 (or portion thereof) dwelling spaces shall be provided.

g. Fencing, landscaping, internal circulations/streets, etc., shall meet the standards of Tables 18.45.040.4 and 18.45.040.5, and the minimum landscape area for the C-1 zone.

h. All standards of this section and Chapters 18.70 through 18.90 HMC shall be met.

5. City Administrator shall determine submission requirements for applications complying with this section.

6. All applications not consistent with these standards and requirements shall be required to make application under Chapter 19.15 HMC, Site Design Review. [Ord. 987 § 1 (Exh. A), 2022.]

1. Temporary Uses. Temporary uses are characterized by their short term, occurring no more than four times in a calendar year, and for not longer than eight days cumulatively in any calendar year, as well as by the fact that permanent improvements are not made to the site. Temporary uses include, but are not limited to, construction trailers, leasing offices, parking lot sales, retail warehouse sales. This section contains permit procedures for three types of temporary uses, temporary sales offices and model homes, and temporary buildings, trailers, kiosks, RVs as dwellings, and other structures, as follows:

a. Temporary Sales Office or Model House. Through a Type II procedure, pursuant to HMC 19.10.030, the City shall approve, approve with conditions, or deny a temporary use application for a temporary sales office or model home, based on the following criteria:

(1) Temporary Sales Office. The use of any real property within the City as a temporary sales office or model home, for the purpose of facilitating the sale of real property, shall meet all of the following criteria:

(a) The mobile temporary sales office shall be located within the boundaries of the subdivision or tract of land in which the real property is to be sold.

(b) A mobile temporary sales office shall not be permanently improved for that purpose and shall be removed when home sales cease.

(c) A permanent model home or sales office shall meet these requirements, as well as all zoning and building codes.

(d) Public health, safety, and welfare shall be protected through conditions imposed by the City regarding temporary or permanent utility connections.

b. Temporary Buildings, Trailers, Kiosks, and Other Structures. Through a Type II procedure, pursuant to HMC 19.10.030, the City shall approve, approve with conditions, or deny an application for the placement and use of a temporary building, trailer, food truck, kiosk, or other structure, based on the following criteria:

(1) The use is permitted in the underlying zone.

(2) The applicant, if different than the property owner, has proof of the owner’s permission.

(3) Ingress and egress are adequate and do not raise safety concerns when the proposed use is combined with the other uses of the site, pursuant to Chapter 18.70 HMC, Access and Circulation.

(4) There is sufficient parking to accommodate the temporary use and other uses existing on the site, pursuant to Chapter 18.80 HMC, Parking and Loading.

(5) The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibrations, glare, or lights that affect an adjoining use in a manner in which other uses allowed outright in the district do not affect the adjoining use.

(6) The use is adequately served by sewer or septic system and water, as applicable, as needed.

(7) The structure does not violate any applicable building codes or requirements of Linn County Environmental Health.

(8) Except where specifically authorized by the City Administrator, the length of time that the temporary structure may remain on a site shall not exceed six consecutive months or a total of 10 months in any one calendar year.

(9) The applicant has obtained and will maintain all required licenses and permits.

(10) Public health, safety, and welfare are protected through the installation of a water meter, if necessary, and other improvements, as necessary.

c. Emergency Housing. Upon declaration of an emergency by Linn County or the State of Oregon that includes the City of Harrisburg, the City Administrator may approve the use of RVs or trailers as temporary housing for up to 12 months upon the issuance of a permit and approval of all relevant property owners. [Ord. 987 § 1 (Exh. A), 2022.]

1. Type I or II Procedures.

a. If an accessory structure is located in a residential zone, then a Type I procedure will apply.

b. If an accessory structure is located in a commercial or industrial zone, then a Type II procedure will apply.

2. Number of Structures. A maximum of three accessory structures is allowed per legal lot except for:

a. Structures 200 square feet or less that are not more than 15 feet in height;

b. Structures in the C-1, M-1, M-2, and PUZ zones.

3. Floor Area. An accessory structure cannot exceed the lesser of 50 percent of the floor area of the primary structure or 1,000 square feet, and its height cannot exceed the primary dwelling.

4. Structure Design. Accessory structures include freestanding, metal-framed, canvas-covered, wood, metal, concrete, or glass sheds, garages, greenhouses, etc.

5. Screening and Buffering. The City may require landscaping or a fence to be installed to screen a new accessory building from abutting property uses.

6. Setbacks. Accessory structure walls must be set back at least three feet from the nearest property line. Roof overhangs and similar may encroach not more than one foot into the three-foot setback.

7. Permits. All accessory structures, except those of 200 square feet or less, require a building permit. Those structures with electrical, HVAC, or plumbing require those respective permits.

8. Prohibited Accessory Structures in Residential Zones. Nonallowed structures such as trailers, cargo/freight containers/boxes, or any structure consisting of easily damaged materials or construction, including dilapidated or dangerous structures.

9. Lot Coverage. The total lot coverage percentage of the primary structure, and all accessory structures shall not exceed the allowances of Table 18.45.040.4, except as may be adjusted. [Ord. 998 § 1 (Exh. A), 2023; Ord. 987 § 1 (Exh. A), 2022.]

Accessory dwellings, where allowed, are subject to review and approval through a Type II procedure, pursuant to HMC 19.10.030, and shall conform to all of the following standards:

1. One Unit. A maximum of one accessory dwelling unit is allowed per legal lot.

2. Floor Area. An accessory dwelling unit shall not exceed 1,000 square feet of floor area, or 60 percent of the primary dwelling unit’s floor area, whichever is smaller. The unit may be a detached cottage, a unit attached to a dwelling, or in a portion of an existing dwelling. The floor area of any garage associated with the primary dwelling is not included in the calculation of maximum floor area.

3. Lot Size. The minimum lot size for a lot with an accessory dwelling in the R-1 zone is 6,000 square feet. Total lot coverage of the primary and accessory dwelling cannot exceed the standards of Table 18.45.040.4, except as may be adjusted.

4. Building Design. The accessory dwelling shall comply with all applicable Oregon Structural Specialty Code requirements.

5. Building Types. Mobile or manufactured homes, cargo containers, and dwellings on wheels are prohibited as accessory dwellings or materials for accessory dwellings.

6. Building Height. The height of an accessory dwelling shall not exceed the height of the primary dwelling.

7. Screening and Buffering. The City may require a landscape hedge or fence be installed on the property line separating a detached accessory dwelling from an abutting lot containing a single-family dwelling for the purposes of visual screening and privacy between uses. Screening and buffering shall conform to the standards of Chapter 18.75 HMC.

8. Setbacks. All building and other setbacks required by Table 18.45.040.4 are applicable to accessory dwellings.

9. Utilities. The City’s Public Works Director shall determine whether a proposed accessory dwelling requires separate or additional water, sewer, or storm drainage services or connections to City utilities infrastructure. If one or more separate connections are required, systems development charges and land use fees shall be imposed as required by the City.

10. All accessory dwelling structures are required to obtain a building permit regardless of size.

11. Conversion of an accessory structure to accessory dwelling shall require a change of use building permit, regardless of size. [Ord. 987 § 1 (Exh. A), 2022.]

Bed and breakfast (B&B) inns in the R-1, R-2, and R-3 zones, where allowed, are subject to review and approval through a Type II procedure, pursuant to HMC 19.10.030, and shall conform to all of the following standards:

1. Accessory Use. The use must be accessory to a permitted residential use and conform to HMC 18.50.180.

2. Maximum Size. A maximum of five bedrooms for guests, and a maximum of 10 guests are permitted per night. New construction for bed and breakfast inns shall not exceed 3,500 square feet.

3. Length of Stay. The maximum length of stay is 28 days per guest(s) reservation of stay. Any longer stays are classified as a hotel or commercial lodging use.

4. Employees. The inn shall have not more than three nonresident employees on site at any one time. There is no limit on resident employees.

5. Food Service. Food service must be provided only to overnight guests of the B&B. A restaurant use in conjunction with a B&B is allowed only in the C-1 zone.

6. Signs. Signs shall not exceed a total of eight square feet of surface area on each side of one or two faces. Sign regulations in Chapter 18.90 HMC shall be met.

7. Screening and Buffering. The City shall require a landscape hedge or fence, or both, to be installed on the property line separating a detached accessory dwelling unit from an abutting single-family dwelling for the purposes of visual screening and privacy between uses. Screening, fencing and buffering shall conform to the standards of Chapter 18.75 HMC. [Ord. 987 § 1 (Exh. A), 2022.]

1. Accessory Uses. The use must be accessory to any use permitted outright in each zone and meet the requirements of this section and HMC 18.50.150 through 18.50.170.

2. Maximum Size. Structures shall not exceed 3,000 square feet, may not include development of more than 50 percent (parking included) of the parcel or parcels proposed for development.

3. Approved Uses. At least 50 percent of any structure shall be accessible to the public, with or without fee, as well as 75 percent of all landscaped areas suitable for human use (trails, bike paths, parking, picnic areas, sports fields, etc.)

4. Screening and Buffering. The City shall require special landscaping and/or fencing to screen structures and uses from nearby residential uses for the purposes of privacy, reducing noise, etc., as required by Table 18.45.040.5 and HMC 18.75.030(1).

5. Churches, Religious Institutions. Churches and religious institutions are permitted in R-2, R-3, C-1, and PUZ zones if they conform to all of the following special standards:

a. Parcel size must be a minimum of 10,000 square feet.

b. Off-street parking is provided conforming to Table 18.80.030(5) and HMC 18.80.030.

c. The primary church structure shall not exceed 3,000 square feet. [Ord. 987 § 1 (Exh. A), 2022.]

1. Purpose. The following provisions are intended to encourage a variety of residential uses and compatible uses in the residential zones. Compatible uses within walking distances of residential zones include uses such as small professional offices, personal services providers, transitory rentals, religious and community organizations and facilities and many others typically found in Harrisburg and similar small communities.

2. Applicability. The standards in this section are applicable to “S” rated uses, as per Table 18.45.030.

3. Standards.

a. Traffic. The traffic generated by the proposed use shall not exceed the greater of an estimated two times that of a single-family dwelling or two times the use generated per MFD.

b. All other City development and building standards as per Table 18.45.040.4 must be met.

c. Parking. “S” rated uses in the residential zones must provide adequate off-street parking to demonstrate compatibility with existing uses. Parking needs in excess of two times that of an SFD must be provided on site.

d. RV parks in the R-3 zone may not exceed three acres.

e. Commercial uses in the R-3 zone may not exceed a gross area of one acre nor structure(s) exceeding 3,000 square feet. [Ord. 1002 § 1 (Exh. A), 2024; Ord. 987 § 1 (Exh. A), 2022.]

1. Purpose. The following provisions are intended to provide a variety of uses in the C-1 zone that promote business-related development that helps assure the long-term economic vitality of the zone and is compatible with small-scale retail and professional uses typical of the Harrisburg C-1 zone.

2. Applicability. These standards are required to be met by all “S” rated uses for the C-1 zone.

3. Standards.

a. Traffic. The traffic generated by the proposed use shall not exceed the greater of twice that of a 1,500-square-foot convenience store or equal to a 1,000-square-foot fast food restaurant.

b. All other City development and building standards as per HMC 18.45.040(5) must be met.

c. Parking. “S” rated uses in the commercial zones must provide adequate off-street parking to demonstrate compatibility with existing uses. Parking in excess of two times that of a 1,000-square-foot convenience store must be provided on site.

d. Total site area, including structures, parking and landscaping, cannot exceed two acres.

e. Uses may not begin prior to 6:00 a.m. nor continue after 10:00 p.m.

f. Noise generation may not exceed a measured average of 75 dB. [Ord. 987 § 1 (Exh. A), 2022.]

1. All uses must be open and available to the general public with or without fees.

2. All uses must meet all parking, setback, landscaping and related requirements of this code.

3. The site total area cannot exceed two acres including landscaping, building and parking, except for recreational uses that cannot exceed 10 acres.

4. Those uses that offer “drive-through” products or services to the public must provide a dedicated and paved automobile stacking area of at least 150 feet. [Ord. 987 § 1 (Exh. A), 2022.]

1. All uses must be open and available to the public without fee (except fees for personal or professional services or club or fraternal uses that impose a standard membership fee).

2. Buildings or structures may not exceed 5,000 square feet.

3. On-site parking must equal or exceed the standards of an equivalent sized convenience store as described in the most recent version of the UTM.

4. Total site area may not exceed 20 acres. [Ord. 987 § 1 (Exh. A), 2022.]

Overlay zones contain supplemental land use requirements for specific areas of the City. These standards may modify the development standards established for certain uses in the same zoning district. [Ord. 987 § 1 (Exh. A), 2022.]

The standards of this chapter supplement the other requirements of this code. In addition, this part of the code specifically addresses various regulatory requirements. When standards and provisions for an overlay zone differ from that of the underlying district, the standard for overlay zone shall apply. [Ord. 987 § 1 (Exh. A), 2022.]

1. Purpose. The purpose of this section is to encourage the preservation of Harrisburg’s historic resources through the establishment of procedures to review and act upon applications for permits to alter or demolish those resources.

2. Harrisburg Register of Historic Resources. The provisions of this section apply to all resources which are listed as follows:

a. I.O.O.F. Hall, 190 Smith Street;

b. May and Sender Store – three-bay arcaded facade/rectangular (original portion);

d. 125 Smith Street;

d. Lasell House, 730 South 2nd Street;

e. E.F. Wyatt House, 353 Smith Street;

f. Enoch Hoult House, 895 South 6th Street;

g. Katherine Upmeyer House, 290 North 7th Street;

h. May and Senders Warehouse, 200 North 5th Street (two oldest buildings);

i. Hardware Store, 180 Smith Street;

j. Harrisburg Ferry Landing, riverbank between Kesling and Schooling Streets;

k. George McCart House, 395 South 2nd Street;

l. Moody Building, 206 – 222 South 3rd Street;

m. Hubbell Building, 146 South 3rd Street, 286 – 294 Smith Street;

n. Farmers and Merchants Bank, 203 Smith Street;

o. Ling-Hall House, 290 Fountain Street;

p. Abner Water/J.P. Schooling House, 205 South 4th Street and outbuilding;

q. Alfred Humphrey House, 265 North 7th Street;

r. W.L. Tyler House, 185 North 4th Street;

s. Thomas Sommerville House, 196 South 4th Street;

t. H.M. Roberts House, 130 North 7th Street;

u. Marshall Canter House, 305 South 4th Street;

v. Stephen Church House, 225 North 2nd Street.

3. Alteration and Demolition Permits Required. A permit is required for alteration or demolition of any resource listed on the Harrisburg register of historic resources.

a. “Alteration,” as governed by this section, means any addition to, removal of, or change in the exterior part of a historic resource but shall not include paint color.

b. Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature that does not involve a change in design, material, or external appearance. Nor does this section prevent the construction, reconstruction, alteration, rehabilitation, restoration, demolition, or removal of any such feature when the City Planner determines that such emergency action is required for the public safety due to an unsafe or dangerous condition.

c. Exception. A permit is not required under this section for the alteration of a historic resource when the review of the proposed alteration is required by an agency of the State or Federal government.

4. Review Procedures. The review process before the Planning Commission shall be as follows:

a. A property owner or his authorized agent may initiate a request for alteration or demolition of a historic resource by filing an application with the City and paying the filing fee, in accordance with the provisions of HMC 19.10.040(1).

b. A public hearing shall be held in accordance with the notice provisions of HMC 19.10.040.

c. Notice shall also be mailed to the owner(s) of the affected property, the State Historic Preservation Office, and any person requesting notice of demolition or alteration of a historic resource.

d. The hearing shall be held no later than 55 days after the application is filed.

e. The Planning Commission may recess a hearing on a request for an alteration or demolition in order to obtain additional information, or to serve notice on other property owners or persons who it decides may be interested in the request. Upon recessing for this purpose, the Planning Commission shall announce a time, date, and place for resumption of the hearing.

f. Notification of the Planning Commission decision shall be in accordance with HMC 19.10.040.

g. The decision of the Planning Commission shall be based on the criteria established in subsections (7)(a) through (g) of this section.

5. Criteria for Demolition – Criteria for Review of Demolition Application. In reviewing an application for demolition, the Planning Commission shall consider:

a. The state of repair of the building and the economic feasibility of rehabilitation.

b. Hardship of the applicant.

c. The quantity and quality of other historic resources in the City comparable in terms of type and style.

6. Decision Action for Demolition Review.

a. The Planning Commission shall either:

(1) Allow immediate issuance of the demolition permit; or

(2) Require a delay in the issuance of the permit for up to 120 days. During this period, the City shall attempt to determine if public or private acquisition and preservation are feasible, or if other alternatives exist which could prevent the demolition of the resource.

b. In the case of approval of the permit, the Planning Commission shall recommend to the property owner that the City be allowed to take several photographs of the resource prior to demolition. Any photographs shall be kept on file at the City Recorder’s office.

7. Review Criteria for an Alteration Application. In reviewing an application to alter a historic building and to preserve the historical and architectural integrity of historical resources, and to provide for public safety, Planning Commission decisions shall be based on applicable State and local codes and ordinances related to building, fire and life safety, and the following criteria:

a. The removal or alteration of any historical marker or distinctive architectural features shall be avoided when possible.

b. Alterations that include materials or a design not in keeping with the historic appearance of the building or structure shall be discouraged.

c. Alterations that have taken place over the course of time are part of the history and development of the building or structure. These alterations may be significant in their own right and shall be preserved if possible and appropriate.

d. Distinctive stylistic features or examples of skilled craftsmanship should be treated carefully and retained whenever possible.

e. Deteriorated architectural features shall be repaired, rather than replaced, whenever possible.

f. If it is necessary to replace deteriorated architectural features, new materials should match, as closely as possible, in terms of composition, design, color and texture.

g. Repair or replacement of missing architectural features shall be based on accurate duplications of features substantiated by historic, physical or pictorial evidence rather than on availability or architectural elements from other buildings or structures. The design shall be compatible with the size, scale, and material of the historic building or structure and shall be compatible with the character of the neighborhood.

8. Decision Action for Alteration Review. The Planning Commission shall take one of the following actions:

a. Approve the request as submitted; or

b. Approve the request with modifications, conditions, or recommendations; or

c. Deny the request. [Ord. 987 § 1 (Exh. A), 2022.]

1. Purpose. The purpose of the GW district is to provide development controls to protect, conserve, enhance, and maintain the natural, scenic, historical, agricultural, economic and recreational qualities of land along the Willamette River, known as the Willamette River Greenway.

2. Area of the GW District. All lands lying within the State Department of Transportation greenway boundaries shall be included in the GW district.

3. Definitions. Unless specifically defined below, words or phrases used in this district shall be interpreted to give them the same meaning as they have in this chapter, so as to give this document its most reasonable application:

“Change of use” means making a different use of the land or water than that which existed on December 6, 1975. It includes a change which requires construction, alterations of the land, water, or other areas outside of existing buildings or structures, and which substantially alters or affects the land or water.

a. Change of use does not include a change of use of a building or other structure which does not substantially alter or affect the land or water upon which it is situated. An existing open storage area shall be considered to be the same as a building.

b. The sale of property is not in itself considered to be a change of use.

c. Landscaping, construction of driveways, modifications of existing structures, or the construction or placement of such subsidiary structures or facilities as are usual and necessary to the use and enjoyment of existing improvements shall not be considered a change of use for the purposes of the GW zone.

“Intensification” means any additions which increase or expand the area or amount of an existing use, or the level of activity.

a. Remodeling of the exterior of a structure not excluded below is intensification when it will substantially alter the appearance of the structure.

b. Maintenance and repair usual and necessary for the continuance of an existing use is not an intensification of use.

c. Reasonable emergency procedures necessary for the safety or the protection of property are not an intensification of use.

d. Residential use of lands within the greenway includes the practices and activities customarily related to the use and enjoyment of one’s home. Landscaping, construction of driveways, modification of existing structures or construction or placement of such subsidiary structures or facilities adjacent to the residence as are usual and necessary to such use and enjoyment shall not be considered intensification for the purposes of this zone.

e. Seasonal increases in gravel operations shall not be considered an intensification of use.

“Water-dependent” means a use or activity which can be carried out only on, in, or adjacent to water areas because the use requires access to the water body for waterborne transportation, recreation, energy, production, or source of water.

“Water-related” means uses which are not directly dependent upon access to a water body, but which provide goods or services that are directly associated with water-dependent land or waterway use and which, if not located adjacent to water, would result in a public loss of the quality of goods or services offered.

4. Uses Permitted Outright. In the GW district, the following uses and their accessory uses are permitted outright:

a. Gravel removal from the bed of the Willamette River conducted under permit from the State of Oregon.

b. Customary dredging and channel maintenance conducted under permit from the State of Oregon.

c. Seasonal increases in gravel operations as provided under permit from the State of Oregon.

d. The placing by a public agency of signs, markers, aids, etc., to serve the public.

e. Activities to protect, conserve, enhance and maintain public recreational, scenic, historical and natural uses on public lands, except that new or substantial increases in level of development of existing public recreational, scenic, historical or natural uses on public lands shall require review as provided by this chapter.

f. Erosion control operations not requiring a permit from the Division of State Lands.

g. Agriculture, as defined in ORS 215.203(2).

h. Reasonable emergency procedures necessary for the safety or protection of property.

i. Maintenance and repair usual and necessary for the continuance of an existing use.

j. In conjunction with existing use of related adjacent land, landscaping, construction of driveways, modifications of existing structures or the construction or replacement of such subsidiary structures or facilities, except residences or guest houses, which are usual and necessary to the use and enjoyment of existing improvements, and which are accomplished in a manner compatible with this chapter.

k. The propagation of timber or the cutting of timber for public safety or personal noncommercial use, not requiring a permit in accordance with the Forest Practices Act.

l. Uses legally existing on the effective date of the ordinance codified in this chapter; provided, however, that any change or intensification of such use shall require review as provided by ordinance.

m. Except as necessary for water-dependent or water-related uses or facilities, residences, parking lots, spoil and dump sites, roads and highways, restaurants, businesses, factories, and RV parks are not generally considered dependent on or related to water location needs.

5. Conditional Uses Permitted. In the GW district, all uses provided for in the underlying zones which are not provided for as permitted uses in the GW district are permitted when authorized in accordance with this section and Chapter 18.45 HMC.

6. Use Management Considerations and Criteria. In reviewing an application for a greenway conditional use permit, compliance with the following considerations and criteria shall be determined:

a. Agricultural lands shall be preserved and maintained for farm use.

b. Significant fish and wildlife habitats shall be protected.

c. Areas of ecological, scientific, historical or archaeological significance shall be protected, preserved, restored, or enhanced to the maximum extent possible.

d. The quality of the air, water and land resources in and adjacent to the greenway shall be preserved in the development, change of use, or intensification of use of land within the greenway zone.

e. Areas of annual flooding, floodplains and wetlands shall be preserved in their natural state to the maximum possible extent to protect water retention, overflow, and other natural functions.

f. The natural vegetative fringe along the river shall be maintained to the maximum extent that is practicable in order to assure scenic quality, protection of wildlife, protection from erosion and screening of uses from the river.

g. The proposed development, change of use or intensification of use is compatible with existing uses on the site and the surrounding area.

h. Areas considered for development, change of use or intensification of use, which have erosion potential, shall be protected from loss by appropriate means which are compatible with the provisions of the greenway zone.

i. Extraction of aggregate deposits shall be conducted in a manner designed to minimize adverse effects on water quality, fish and wildlife, vegetation, bank stabilization, stream flow, visual quality, noise and safety and to guarantee necessary reclamation.

j. Any public recreational use or facility shall not substantially interfere with the established uses on adjoining property.

k. Maintenance of public safety and protection of public and private property, especially from vandalism and trespass, shall be provided to the maximum extent practicable.

l. A minimum building setback line from the ordinary high water line of the Willamette River will be specified that will minimize adverse impacts upon the scenic qualities of lands along the river, except for buildings and structures in conjunction with a water-related or water-dependent use.

m. Public access to and along the river shall be provided in conjunction with subdivision, commercial and industrial development, and public lands acquisition where appropriate. This access should be located and designed to minimize trespass and other adverse effects on adjoining property.

n. The development shall be directed away from the river to the greatest possible extent.

o. The development, change of use, or intensification of use shall provide the maximum possible landscaped area, open space, or vegetation between the activity and the river.

p. Significant natural and scenic areas, viewpoints, and vistas shall be preserved.

7. Notification. Notice requirements to be mailed to the Oregon Department of Parks and Recreation:

a. Notice requirements of Chapter 19.25 HMC for a conditional use in the GW district.

b. A copy of the permit application.

c. Notice of the decision.

8. Review Process. A public hearing shall be held for any application proposing intensification, change of use, or development along the river within the greenway. Notice of the public hearing shall be provided to adjoining property owners and any individual or group that has requested to be notified of such action. [Ord. 987 § 1 (Exh. A), 2022.]

1. Purpose. The purpose of this zone is to protect and restore water bodies and their associated riparian areas, thereby protecting and restoring the hydrologic, ecological and land conservation functions these areas provide. Specifically, this zone is intended to protect habitat for fish and other aquatic life, protect habitat for wildlife, protect water quality for human uses and for aquatic life, control erosion and limit sedimentation, and reduce the effects of flooding.

This zone attempts to meet these goals by excluding structures from buffer areas around fish-bearing lakes, streams and associated wetlands, and by prohibiting vegetation removal or other alteration in those buffers.

For cases of hardship, this chapter provides a procedure to reduce the riparian buffer. Alteration of the riparian area in such cases shall be offset by appropriate restoration or mitigation, as stipulated in this zone.

2. Definitions.

“Building envelope” means the land area, outside of all required setbacks, which is available for construction of a primary structure on a particular property.

“Fish use” means inhabited at any time of the year by anadromous or game fish species or fish that are listed as threatened or endangered species under the Federal or State Endangered Species Act. Fish use is determined from Oregon Department of Forestry stream classification maps.

“Impervious surface” means any material which reduces and prevents absorption of storm water into previously undeveloped land.

“Lawn” means grass or similar materials maintained as a ground cover of less than six inches in height. For purposes of this definition, lawn is not considered native vegetation regardless of the species used.

“Mitigation” means taking one or more of the following actions listed in order of priority:

a. Avoiding the impact altogether by not taking a certain development action or parts of that action;

b. Minimizing impacts by limiting the degree or magnitude of the development action and its implementation;

c. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;

d. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the development action by monitoring and taking appropriate corrective measures; or

e. Compensating for the impact by replacing or providing comparable substitute resources or environments.

“Net loss” means a permanent loss of habitat units or habitat value resulting from a development action despite mitigation measures having been taken.

“Nonconforming” means a structure or use that does not conform to the standards of this zone but has been in continuous existence from prior to the date of adoption of the ordinance codified in this chapter up to the present. Nonconforming uses are not considered violations and are generally allowed to continue, though expansion, reconstruction, or substantial improvement may be regulated.

“Off-site mitigation” means habitat mitigation measures undertaken in areas distant from a development action, and which are intended to benefit fish and wildlife populations other than those directly affected by that action.

“On-site mitigation” means habitat mitigation measures undertaken within or in proximity to areas affected by a development action, and which are intended to benefit fish and wildlife populations directly affected by that action.

“Riparian area” means the area adjacent to a river, lake, or stream, consisting of the area of transition from an aquatic ecosystem to a terrestrial ecosystem.

“Stream” means a channel such as a river or creek that carries flowing surface water, including perennial streams and intermittent streams with defined channels, and excluding manmade irrigation and drainage channels.

“Structure” means a building or other major improvement that is built, constructed or installed, not including minor improvements such as fences, utility poles, flagpoles, or irrigation system components that are not customarily regulated through zoning ordinances.

“Substantial improvement” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

a. Before the improvement or repair is started; or

b. If the structure has been damaged and is being restored, before the damage occurred.

For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

a. Any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

b. Any alteration of a structure listed on the National Register of Historic Places or a State inventory of historic places.

“Top of bank” means the stage or elevation at which water overflows the natural banks of streams or other waters of the State and begins to inundate upland areas. In the absence of physical evidence, the two-year recurrence interval flood elevation may be used to approximate the bank full stage or delineate the top of bank.

3. Riparian Corridors. The inventory of riparian areas contained in the comprehensive plan specifies which streams and lakes are fish-bearing, and the stream size category. Based on the classification contained in this inventory, the following riparian corridors shall be established:

Along all fish-bearing lakes, and fish-bearing streams with average annual stream flow less than 1,000 cubic feet per second, the riparian corridor boundary shall be 50 feet from the top of bank, except as identified below:

a. Along all streams with average annual stream flow greater than 1,000 cubic feet per second, the riparian corridor boundary shall be 75 feet upland from the top of each bank.

b. Where the riparian corridor includes all or portions of a significant wetland as identified in the Goal 5 or Goal 17 elements of the comprehensive plan, the standard distance to the riparian corridor boundary shall be measured from and include the upland edge of the wetland.

c. Except as provided for in subsection (3)(b) of this section, the measurement of distance to the riparian corridor boundary shall be from the top of bank. The measurement shall be a slope distance.

(1) In areas where the top of each bank is not clearly defined, the riparian corridor boundary shall be measured from the ordinary high water level, or the line of nonaquatic vegetation, whichever is most landward.

(2) In areas where the predominant terrain consists of steep cliffs, the distance to the corridor boundary shall be measured as a horizontal distance until the top of the cliff is reached, and as a slope distance on from that point.

4. Activities Within the Riparian Area.

a. The permanent alteration of the riparian area by grading or by the placement of structures or impervious surfaces is prohibited, except for the following uses, provided they are designed to minimize intrusion into the riparian area and no other options or locations are feasible:

(1) Streets, roads, and paths;

(2) Drainage facilities, utilities, and irrigation pumps;

(3) Water-related and water-dependent use;

(4) Replacement of existing structures with structures in the same location that do not disturb additional riparian surface area. Structures or other nonconforming alterations existing fully or partially within the riparian area may be expanded provided the expansion does not occur within the riparian area;

(5) Substantial improvement of a nonconforming structure in the riparian area shall require compliance with the standards of this zone;

(6) Existing lawn within the riparian area may be maintained but not expanded within the riparian area. Development activities on the property shall not justify replacement of riparian area with lawn;

(7) Existing shoreline stabilization and flood control structures may be maintained.

(a) Any expansion of existing structures or development of new structures shall be evaluated by the City Engineer.

(b) Such alteration of the riparian area shall be approved only if less invasive or nonstructural methods will not adequately meet the stabilization or flood control needs; and

(8) Parks and related recreational activities.

b. Removal of riparian vegetation is prohibited, except for:

(1) Removal of nonnative vegetation and replacement with native plant species. The replacement vegetation shall cover, at a minimum, the area from which vegetation was removed, and shall maintain or exceed the density of the removed vegetation.

(2) Removal of vegetation necessary for the development of approved water-related or water-dependent uses. Vegetation removal shall be kept to the minimum necessary to allow the water-dependent or water-related use.

(3) Trees in danger of falling and thereby posing a hazard to life or property may be removed, following consultation and approval from the City. If no hazard will be created, the City may require these trees, once felled, to be left in place in the riparian area. Exceptions: The following activities are not required to meet the standard of this section:

(a) Commercial forest practices regulated by the Oregon Forest Practices Act;

(b) Normal and accepted practices regulated by the Oregon Forest Practices Act.

5. Alteration Requiring Mitigation.

a. Permanent alteration of the riparian area by placement of structures or impervious surfaces is allowed if a variance to the riparian setback is approved through the procedures of Chapter 19.40 HMC.

b. On streams having average annual stream flow exceeding 1,000 cubic feet per second and having a 75-foot riparian buffer established under this chapter, the riparian setback may be reduced as allowed under subsection (6) of this section.

(1) For purposes of implementing Goal 5, the goal is no net loss of protected resources.

(2) Correspondingly, for purposes of designing appropriate mitigation, sites should be considered at least in Habitat Category 2 (OAR 635-415-025), which strives for no net loss of habitat values.

c. On streams having average annual stream flow exceeding 1,000 cubic feet per second and having a 75-foot riparian buffer established under this zone, structures and impervious surfaces may be placed within the riparian setback under the following conditions:

(1) The removal of vegetation shall be limited to the minimum amount necessary to accommodate the use. Any vegetation removed in excess of this standard shall be nonnative species, and the proposal shall specify replacement of that vegetation with native species.

(2) The applicant shall provide sufficient information regarding the proposed development and potential impacts to riparian resources to allow the staff, in consultation with the ODFW, to determine whether the proposal will provide equal or better protection of riparian resources. This information includes, but is not necessarily limited to:

(a) A plot plan showing the top of the stream or water body bank;

(b) The extent of development within the riparian setback;

(c) Uses that will occur within the riparian setback and potential impacts (for example: chemical runoff, noise, etc.);

(d) The extent of vegetation removal proposed;

(e) Characteristics of the existing vegetation (types, density);

(f) Any proposed alterations of topography or drainage patterns;

(g) Existing uses on the property; and

(h) Any potential impacts they could have on riparian resources.

(3) In no case shall alterations occupy more than 50 percent of the width of the riparian area measured from the upland edge of the corridor.

(4) Approval of development activities within the riparian area shall be conditional, requiring compliance with the mitigation recommendations of the Oregon Department of Fish and Wildlife (ODFW), as per OAR 635-415, Fish and Wildlife Habitat Mitigation Policy.

6. Variance. A property owner may request a variance to the riparian setback in accordance with Chapter 19.40 HMC. In any decision concerning granting of a variance, the following criteria shall be considered:

a. The proposed development requires deviation from the riparian standards because of exceptional physical characteristics over which the owner has no control;

b. Strict adherence to the riparian setback and other applicable standards would effectively preclude a use of the parcel that could be reasonably expected to occur in the zone;

c. That the property owner would be precluded a substantial property right enjoyed by the majority of landowners in the vicinity;

d. The granting of the variance would not confer any special privilege upon the applicant; and

e. The variance would not violate a provision of law. [Ord. 987 § 1 (Exh. A), 2022.]

1. Local Wetland Protection and Wetland Notification.

a. This section is applicable to all wetlands within the City of Harrisburg, whether on the Local Wetlands Inventory (LWI) map or not.

b. Wetland review, as defined by this code, is applicable to development on parcels containing any wetland protection area.

c. Unless otherwise stated, the City shall apply the provisions of this section in conjunction and concurrently with the requirements of any other development permit being sought by an applicant. If no other permit is being sought, the City Planner shall serve as the approving authority.

2. Wetland Protection Area – Purpose. The purposes of applying a wetland protection area to locally significant wetlands identified on the City’s Local Wetlands Inventory are:

a. To implement the goals and policies of the City of Harrisburg comprehensive plan;

b. To protect the City’s wetland areas, thereby protecting the hydrologic and ecologic functions these areas provide for the community;

c. To protect water quality and natural hydrology, to control erosion and sedimentation, and to reduce the adverse effects of flooding;

d. To protect fish and wildlife habitats;

e. To protect the amenity values and educational opportunities of the City’s wetlands as community assets; and

f. To improve and promote coordination among local, State, and Federal agencies regarding development activities in and near wetlands.

3. Wetland Notification – Purpose. The City is required by State law to provide notice to the Department of State Lands when a development activity may impact any wetland identified on the Local Wetlands Inventory. The purpose of this State requirement is to achieve better implementation of State law and to inform property owners when State and Federal wetland laws apply to their property.

4. Wetland Protection Area Definitions. The following definitions shall apply in this chapter:

“City Planner” refers to the person in charge of land use activities and applications for the City, including that person’s designee, and may refer to the City Planning Commission where multiple permits are being sought as stated in subsection (1)(c) of this section.

“Delineation” means a determination of wetland presence that includes marking the wetland boundaries on the ground and/or on a detailed map prepared by professional land survey or similar accurate methods. A delineation is a precise map and documentation of actual wetland boundaries on a parcel, whereas wetland boundaries identified on a Local Wetlands Inventory boundary are approximated with an accuracy target of five meters (approximately 16.5 feet). (See OAR 141-90-005 et seq. for specifications for wetland delineation reports.)

“Determination” means a decision of the presence or absence of wetlands. A determination made in the office using existing available information including maps and aerial photography is an “off-site” determination and is considered advisory only. An “on-site” determination involves site-specific data collection consistent with the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual and Regional Supplements.

“Local Wetlands Inventory” or “LWI” means the map and report attached to the ordinance codified in this chapter and incorporated by reference as City of Harrisburg Local Wetlands Inventory, and any subsequent revisions as approved by the Oregon Department of State Lands, which identify the location of wetlands and probable wetlands. The LWI is a comprehensive survey and assessment of all wetlands over one-half acre in size within the urbanizing area. This includes both locally significant wetlands and wetlands that are not identified as locally significant. This also includes “probable wetlands,” which are areas noted during the course of the LWI field work that appear to meet, or do meet, wetland criteria but are small or of undetermined size, and are mapped as a point rather than a polygon on the LWI map.

Locally Significant Wetland. Wetlands are determined to be “locally significant wetlands” based on Oregon Administrative Rules for Identifying Significant Wetlands (OAR 141-86-300 through 141-86-350). If the assessed wetland unit provides “diverse” wildlife habitat, “intact” fish habitat, “intact” water quality function, or “intact” hydrologic control function, then the wetland is locally significant. Locally significant wetlands are identified on the City’s Local Wetlands Inventory as such. Locally significant wetlands also constitute the wetland protection area (unless otherwise indicated in this section).

“Oregon freshwater wetland assessment methodology” or “OFWAM” means a wetland function and quality assessment methodology developed by the Oregon Department of State Lands (DSL) to assess water quality, hydrologic control, fish habitat, and wildlife habitat.

“Wetland” means an area inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions.

“Wetland professional” means a professional with a background in wetland science and knowledgeable of the process for conducting wetland delineations and determinations.

“Wetland protection area” means an area subject to the provisions of this chapter that consists of wetlands determined to be locally significant as shown on the LWI map, plus 20 feet around the boundary of the significant wetland. The locally significant wetland areas identified on the LWI map (dated November 11, 2010) are referred to as HA-2, HA-19, and HA-24.

“Wetlands not subject to Goal 5 protection” includes all State jurisdictional wetlands, mapped or not, that are subject to the State Removal-Fill Law administered by DSL. All wetlands are “potentially jurisdictional wetlands.” Wetlands on the LWI map which are not identified as locally significant are considered “other potentially jurisdictional wetlands.” These wetlands are not subject to wetland protection area standards in the City of Harrisburg, but, like all wetland areas, are subject to DSL notice/review and potentially subject to DSL and the U.S. Army Corps of Engineers permitting.

5. Prohibited Activities Within Wetland Protection Areas. Except as exempted or allowed in this code, the following activities are prohibited within a wetland protection area:

a. Placement of new structures or impervious surfaces.

b. Excavation, grading, fill, or removal of vegetation.

c. Expansion of areas of landscaping with nonnative species, such as a lawn or garden, into the wetland protection area.

d. Disposal or temporary storage of refuse, yard debris, or other material.

e. Any use not specifically allowed or exempted, or granted a variance, under this chapter.

6. Exempted Activities Within Wetland Protection Areas.

a. The following activities, and continuation and/or maintenance thereof, are exempted from all wetland protection area regulations; provided, that any applicable State or Federal permits are secured:

(1) Any use, except those identified as allowed uses under subsection (7) of this section, that was lawfully existing on the date of adoption of the ordinance codified in this chapter, August 23, 2022, may continue within a wetland protection area. Such use or development may continue at a similar level and manner as existed on the date of adoption of the ordinance codified in this chapter as per the standards for nonconforming uses and structures as stated in Chapter 18.25 HMC.

(2) The maintenance and alteration of preexisting ornamental landscaping so long as no additional native vegetation is disturbed. The provisions of this section shall not be affected by any change in ownership of properties containing a wetland protection area.

(3) Restoration and enhancement of native vegetation.

(4) Cutting and removal of trees which pose a hazard to life or property due to threat of falling.

(5) Cutting and removal of trees to establish and maintain defensible space for fire protection.

(6) Removal of nonnative vegetation.

(7) Maintenance and repair of existing utilities.

(8) Normal farm practices such as grazing, plowing, planting, cultivating, harvesting, and other practices under the review authority of Oregon Department of Agriculture.

b. The following activities are also exempted from wetland protection area regulations, but are subject to State or Federal permits:

(1) Maintenance of existing drainage ways, ditches, or other structures, to maintain flow at original design capacity and mitigate upstream flooding; provided, that management practices avoid sedimentation and impact to native vegetation, any spoils are placed in uplands, and any applicable State permits are obtained.

(2) Emergency stream bank stabilization to remedy immediate threats to life or property.

(3) Wetland restoration and enhancement activities.

7. Allowed Activities Within Wetland Protection Areas. The following activities and maintenance thereof are allowed within a wetland protection area upon City review and approval and provided any applicable State or Federal permits are secured:

a. Replacement of a permanent, legal, nonconforming structure in existence on the date of adoption of the ordinance codified in this chapter, August 23, 2022, with a structure on or within the prior building footprint, or expansion of the original building footprint if it does not further encroach into a wetland area and is in accordance with the provisions of subsection (9) of this section.

b. Installation of interpretive or educational displays and/or public pedestrian paths, as long as these do not present an obstruction that would increase flood velocity or intensity.

c. New fencing may be permitted by the City Planner where the applicant demonstrates that the following criteria are satisfied:

(1) The fencing does not affect the hydrology of the site;

(2) The fencing does not present an obstruction that would increase flood velocity or intensity;

(3) Fish habitat is not adversely affected by the fencing; and

(4) Applications for new fencing within a wetland protection area shall contain a scale drawing that clearly depicts the wetland area boundary on the wetland resource.

8. Submittal Requirements for Wetland Review.

a. Where wetland review is applicable, applicants shall submit the following materials (unless otherwise indicated):

(1) A scale drawing that clearly depicts any Local Wetlands Inventory (LWI) map wetland boundary within the subject parcel, all surface water sources, existing trees and vegetation, property boundaries, and proposed site alterations including proposed excavation, fill, structures, and paved areas.

(2) Written statement of compliance with approval criteria for any proposed allowed activities. Activities listed as “allowed” under subsection (7) of this section and which are acknowledged to occur within a wetland protection area require a written statement of compliance but do not require any “demonstration of avoidance.”

(3) Demonstration of Wetland Protection Area Avoidance. The placement of structures or impervious surfaces, vegetation removal or grading within the vicinity of any wetland protection area shall require demonstration that all impact to the wetland shall be avoided. Avoidance can be demonstrated by any one of the following:

(a) Keeping all development activity including vegetation removal and grading back 20 feet from the edge of the wetland boundary shown on the LWI map; or

(b) Submitting an off-site determination, conducted by DSL, that concludes the proposed activities will occur outside the wetland; or

(c) Submitting an on-site determination, conducted by a qualified wetland professional, that concludes the proposed activities will occur outside the wetland protection area; or

(d) Submitting a current wetland delineation (completed within the last five years), certified by the Department of State Lands (DSL), that shows the proposed activities will occur outside the wetland protection area.

b. Activities listed as “allowed,” above, and which are acknowledged to occur within a wetland protection area do not require any “demonstration of avoidance.”

9. Approval Criteria. In approving allowed activities under subsection (7) of this section, and/or ensuring compliance with subsection (5) of this section (prohibited activities), the City Planner shall base its decision on the following criteria in addition to the required criteria for any other permit or approval that is being sought:

a. Demonstration of avoidance of impacts to wetland protection area as outlined under subsection (8) of this section; or

b. The proposed project will not result in excavation or filling of a wetland or reduction of wetland area that has been identified as part of a wetland protection area, except as allowed in criteria outlined specifically under subsection (7) of this section.

10. Decision Process – Appeals.

a. The City Planner shall review the application and make findings of fact.

b. If the applicant is not satisfied with the decision of the City Planner, the applicant may file a written notice of appeal with the City Recorder within 10 days following the decision. The appeal will be to the Planning Commission unless the Planning Commission was the deciding authority, in which case the appeal will be to the City Council. There shall be an appeal fee as set by the City Council.

11. Variances.

a. The Planning Commission shall be the approving authority for applications for variances to the wetland protection area provisions. The procedures of Chapter 19.40 HMC shall be followed for approval of a variance except that the variance criteria of this section shall also apply.

b. Mapping Error Variances and Corrections. The City Planner may correct the location of the wetland protection overlay zone when the applicant has shown that a mapping error has occurred, and the error has been verified by the Department of State Lands (DSL). Delineations verified by DSL shall be used to automatically update and replace Local Wetlands Inventory (LWI) mapping. No formal variance application or plan amendment is needed for map corrections where approved delineations are provided.

c. Hardship Variances. The Planning Commission may grant a variance to the provisions of this section only when the variance criteria are met, and the following conditions exist:

(1) Through application of this section, the property has been rendered not buildable;

(2) The applicant has exhausted all other options available under this section to relieve the hardship;

(3) The variance is the minimum necessary to afford relief;

(4) All State and Federal permits required for authorization of wetland impacts are obtained;

(5) No permitted type of land use for the property with less impact on the wetland is feasible and reasonable;

(6) There is no feasible on-site alternative to the proposed activities, including but not necessarily limited to reduction in size, density or intensity, phasing of project implementation, change in timing of activities, revision of road and lot layout, and/or related site planning considerations, that would allow a reasonable economic use with less adverse impacts;

(7) The proposal utilizes to the maximum extent possible innovative construction, design, and development techniques, including pervious surfaces, which minimize to the greatest extent possible net loss of wetland functions and values; and

(8) The area of disturbance is limited to the area that has the least practical impact on the wetland functions and values.

d. Alternative Hardship Review. The following scenarios provide an exemption from the standards outlined in subsections (5) and (7) of this section:

(1) The subject property contains less than 3,000 square feet of contiguous area outside of the wetland protection area; or

(2) The subject property contains 30,000 square feet or more, and proposed site disturbance is no more than 10 percent of the total lot area; and

(3) The amount of allowable disturbance shall be that which will have the least practicable impact on the wetland area given the characteristics and context of the subject property and wetland area.

12. Notification and Coordination with State Agencies.

a. The City shall notify the Oregon Department of State Lands (DSL) in writing of all applications to the City for development activities, including development applications, building permits, and other development proposals, that occur in any wetland identified on the Local Wetlands Inventory (LWI) map.

b. When conducting a wetland review under this section, the City Planner shall consider advisory recommendations from the Oregon Department of Fish and Wildlife, when appropriate, regarding OAR 635-415, Fish and Wildlife Habitat Mitigation Policy.

13. Unauthorized Alterations and Enforcement. When a wetland has been altered in violation of this section, the penalty provisions of Chapter 18.35 HMC shall apply and be in addition to any State ordinances or regulations. [Ord. 987 § 1 (Exh. A), 2022.]

1. Statutory Authorization. The State of Oregon has in ORS 197.175 delegated the responsibility to local governmental units to adopt floodplain management regulations designed to promote the public health, safety, and general welfare of its citizenry.

Therefore, the City of Harrisburg does ordain as follows:

2. Findings of Fact.

a. The flood hazard areas of the City of Harrisburg preserve the natural and beneficial values served by floodplains but are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

b. These flood losses may be caused by the cumulative effect of obstructions in special flood hazard areas which increase flood heights and velocities, and, when inadequately anchored, cause damage in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to flood loss.

3. Statement of Purpose. It is the purpose of this section to promote public health, safety, and general welfare, and to minimize public and private losses due to flooding in flood hazard areas by provisions designed to:

a. Protect human life and health;

b. Minimize expenditure of public money for costly flood control projects;

c. Preserve natural and beneficial floodplain functions;

d. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

e. Minimize prolonged business interruptions;

f. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in special flood hazard areas;

g. Help maintain a stable tax base by providing for the sound use and development of flood hazard areas so as to minimize blight areas caused by flooding;

h. Notify potential buyers that the property is in a special flood hazard area;

i. Notify those who occupy special flood hazard areas that they assume responsibility for their actions;

j. Participate in and maintain eligibility for flood insurance and disaster relief.

4. Methods of Reducing Flood Losses. In order to accomplish its purposes, this section includes methods and provisions for:

a. Restricting or prohibiting development which is dangerous to health, safety, and property due to water or erosion hazards, or which results in damaging increases in erosion or in flood heights or velocities;

b. Requiring that development vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

c. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

d. Controlling filling, grading, dredging, and other development which may increase flood damage;

e. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or may increase flood hazards in other areas.

f. Employing a standard of “no net loss” of natural and beneficial floodplain functions.

5. Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage.

“Ancillary features” means features of a development that are not directly related to the primary purpose of the development.

“Appeal” means a request for a review of the interpretation of any provision of this section or a request for a variance.

“Area of shallow flooding” means a designated Zone AO, AH, AR/AO or AR/AH on a community’s flood insurance rate map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

“Area of special flood hazard” means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. It is shown on the flood insurance rate map (FIRM) as Zone A, AO, AH, A1-30, AE, A99, AR. “Special flood hazard area” is synonymous in meaning and definition with the phrase “area of special flood hazard.”

“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year.

“Base flood elevation (BFE)” means the elevation to which floodwater is anticipated to rise during the base flood.

“Basement” means any area of the building having its floor subgrade (below ground level) on all sides.

“Below-grade crawl space” means an enclosed area below the base flood elevation in which the interior grade is not more than two feet below the lowest adjacent exterior grade and the height, measured from the interior grade of the crawl space to the top of the crawl space foundation, does not exceed four feet at any point.

Building. See “Structure.”

“Critical facility” means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use, or store hazardous materials or hazardous waste.

“Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

“Elevated building” means, for insurance purposes, a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

“Fill” means placement of any materials such as soil, gravel, crushed stone, or other materials that change the elevation of the floodplain. The placement of fill is considered “development.”

“Fish accessible space” means the volumetric space available to an adult or juvenile individual of the identified 16 ESA-listed fish to access.

“Fish egressable space” means the volumetric space available to an adult or juvenile individual of the identified 16 ESA-listed fish to exit or leave from.

Flood or Flooding.

a. A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters.

(2) The unusual and rapid accumulation or runoff of surface waters from any source.

(3) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (a)(2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

b. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (a)(1) of this definition.

Flood Elevation Study. See “Flood insurance study.”

“Flood insurance rate map (FIRM)” means the official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).

“Flood insurance study (FIS)” means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

“Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.

“Floodplain” or “flood prone area” means any land area susceptible to being inundated by water from any source. See “Flood or Flooding.”

“Floodplain storage capacity” means the volume of floodwater that an area of floodplain can hold during the one-percent annual chance flood.

“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Also referred to as “regulatory floodway.”

“Footprint” means the existing measurements of the structure related to the three floodplain functions and their proxies. The footprint related to floodplain storage refers to the volumetric amount of developed space measured from the existing ground level to the BFE, and the footprint related to water quality refers to the area of impervious surface that the structure creates.

“Functionally dependent use” means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

“Green infrastructure” means use of natural or human-made hydrologic features to manage water and provide environmental and community benefits. Green infrastructure uses management approaches and technologies that use, enhance, and/or mimic the natural hydrologic cycle processes of infiltration, evapotranspiration, and reuse. At a large scale, it is an interconnected network of green space that conserves natural systems and provides assorted benefits to human populations. At a local scale, it manages stormwater by infiltrating it into the ground where it is generated using vegetation or porous surfaces, or by capturing it for later reuse. Green infrastructure practices can be used to achieve no net loss of pervious surface by creating infiltration of stormwater in an amount equal to or greater than the infiltration lost by the placement of new impervious surface.

“Habitat restoration activities” means activities with the sole purpose of restoring habitats that have only temporary impacts and long-term benefits to habitat. Such projects cannot include ancillary structures such as a storage shed for maintenance equipment, must demonstrate that no rise in the BFE would occur as a result of the project and obtain a CLOMR and LOMR, and have obtained any other required permits (e.g., CWA Section 404 permit).

“Hazard trees” means standing dead, dying, or diseased trees or ones with a structural defect that makes it likely to fail in whole or in part and that present a potential hazard to a structure or as defined by the community.

Hazardous Material. The Oregon Department of Environmental Quality defines hazardous materials to include any of the following:

a. Hazardous waste as defined in ORS 466.005;

b. Radioactive waste as defined in ORS 469.300, radioactive material identified by the Energy Facility Siting Council under ORS 469.605 and radioactive substances defined in ORS 453.005;

c. Communicable disease agents as regulated by the Health Division under ORS Chapter 431 and ORS 433.010 to 433.045 and 433.106 to 433.990;

d. Hazardous substances designated by the United States Environmental Protection Agency (EPA) under Section 311 of the Federal Water Pollution Control Act, P.L. 92-500, as amended;

e. Substances listed by the United States EPA in Section 40 of the Code of Federal Regulations, Part 302, Table 302.4 (list of hazardous substances and reportable quantities) and amendments;

f. Material regulated as a chemical agent under ORS 465.550;

g. Material used as a weapon of mass destruction, or biological weapon;

h. Pesticide residue;

i. Dry cleaning solvent as defined by ORS 465.200(9).

“Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

“Historic structure” means any structure that is:

a. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

c. Individually listed on a State inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

d. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(1) By an approved State program as determined by the Secretary of the Interior; or

(2) Directly by the Secretary of the Interior in states without approved programs.

“Hydraulically equivalent elevation” means a location (e.g., a site where no net loss standards are implemented) that is approximately equivalent to another (e.g., the impacted site) relative to the same 100-year water surface elevation contour or base flood elevation. This may be estimated based on a point that is along the same approximate line perpendicular to the direction of flow.

“Hydrologically connected” means the interconnection of groundwater and surface water such that they constitute one water supply and use of either results in an impact to both.

“Impervious surface” means a surface that cannot be penetrated by water and thereby prevents infiltration and increases the amount and rate of surface water runoff, leading to erosion of stream banks, degradation of habitat, and increased sediment loads in streams. Such surfaces can accumulate large amounts of pollutants that are then “flushed” into local water bodies during storms and can also interfere with recharge of groundwater and the base flows to water bodies.

“Letter of map change (LOMC)” means an official FEMA determination, by letter, to amend or revise effective flood insurance rate maps and flood insurance studies. The following are categories of LOMCs:

a. Conditional Letter of Map Amendment (CLOMA). A CLOMA is FEMA’s comment on a proposed structure or group of structures that would, upon construction, be located on existing natural ground above the base (one percent annual chance) flood elevation on a portion of a legally defined parcel of land that is partially inundated by the base flood.

b. Conditional Letter of Map Revision (CLOMR). A CLOMR is FEMA’s comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations, or the special flood hazard area.

c. Conditional Letter of Map Revision Based on Fill (CLOMR-F). A CLOMR-F is FEMA’s comment on a proposed project that would, upon construction, result in a modification of the special flood hazard area through the placement of fill outside the existing regulatory floodway.

d. Letter of Map Amendment (LOMA). An official amendment, by letter, to the flood insurance rate maps (FIRMs) based on technical data showing that an existing structure, parcel of land or portion of a parcel of land that is naturally high ground, (i.e., has not been elevated by fill) above the base flood, that was inadvertently included in the special flood hazard area.

e. Letter of Map Revision (LOMR). A LOMR is FEMA’s modification to an effective flood insurance rate map (FIRM), or flood boundary and floodway map (FBFM), or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations, or the SFHA. The LMOR officially revises the FIRM or FBFM, and sometimes the flood insurance study (FIS) report, and, when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM, FBFM, or FIS report.

f. Letter of Map Revision Based on Fill (LOMR-F). A LOMR-F is FEMA’s modification of the special flood hazard area shown on the flood insurance rate map (FIRM) based on the placement of fill outside the existing regulatory floodway.

g. PMR. A PMR is FEMA’s physical revision and republication of an effective flood insurance rate map (FIRM) or flood insurance study (FIS) report. PMRs are generally based on physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations, or the special flood hazard area.

“Low-impact development” means an approach to land development (or redevelopment) that works with nature to manage stormwater as close to its source as possible. It employs principles such as preserving and recreating natural landscape features and minimizing effective imperviousness to create functional and appealing site drainage that treats stormwater as a resource rather than a waste product. “Low-impact development” refers to designing and implementing practices that can be employed at the site level to control stormwater and help replicate the predevelopment hydrology of the site. Low-impact development helps achieve no net loss of pervious surface by infiltrating stormwater in an amount equal to or greater than the infiltration lost by the placement of new impervious surface. LID is a subset of green infrastructure.

“Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this section.

“Manufactured dwelling” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured dwelling” does not include a “recreational vehicle” and is synonymous with “manufactured home.”

“Manufactured dwelling park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured dwelling lots for rent or sale.

“Mean higher-high water” (MHHW) means the average of the higher-high water height of each tidal day observed over the National Tidal Datum Epoch.

“Mean sea level” means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s flood insurance rate map are referenced.

“New construction” means, for floodplain management purposes, structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by the City of Harrisburg and includes any subsequent improvements to such structures.

“No net loss” means a standard where adverse impacts must be avoided or offset through adherence to certain requirements so that there is no net change in the function from the existing condition when a development application is submitted to the state, tribal, or local jurisdiction. The floodplain functions of floodplain storage, water quality, and vegetation must be maintained.

“Off site” means mitigation occurring outside of the project area.

“On site” means mitigation occurring within the project area.

“Ordinary high water mark” means the line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank; shelving; changes in the character of soil; destruction of terrestrial vegetation; the presence of litter and debris; or other appropriate means that consider the characteristics of the surrounding areas.

“Pervious surface” means surfaces that allow rain and snowmelt to seep into the soil and gravel below. Pervious surface may also be referred to as permeable surface.

“Qualified professional” means appropriate subject matter expert that is defined by the community.

“Reach” means a section of a stream or river along which similar hydrologic conditions exist, such as discharge, depth, area, and slope. It can also be the length of a stream or river (with varying conditions) between major tributaries or two stream gages, or a length of river for which the characteristics are well described by readings at a single stream gage.

“Recreational vehicle” means a vehicle which is:

a. Built on a single chassis;

b. Four hundred square feet or less when measured at the largest horizontal projection;

c. Designed to be self-propelled or permanently towable by a light duty truck; and

d. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

“Riparian” means of, adjacent to, or living on, the bank of a river, lake, pond, or other water body.

“Riparian buffer zone (RBZ)” means the outer boundary of the riparian buffer zone is measured from the ordinary high-water line of a fresh waterbody (lake; pond; ephemeral, intermittent, or perennial stream) or mean higher-high water line of a marine shoreline or tidally influenced river reach to 170 feet horizontally on each side of the stream or 170 feet inland from the MHHW. The riparian buffer zone includes the area between these outer boundaries on each side of the stream, including the stream channel. Where the RBZ is larger than the special flood hazard area, the no net loss standards shall only apply to the area within the special flood hazard area.

“Riparian buffer zone fringe” means the area outside of the RBZ and floodway but still within the SFHA.

“Silviculture” means the art and science of controlling the establishment, growth, composition, health, and quality of forests and woodlands.

Special Flood Hazard Area. See “Area of special flood hazard.”

“Start of construction” includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured dwelling on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the “actual start of construction” means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

“Structure” means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured dwelling.

“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

“Substantial improvement” means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or any alteration of a structure listed on the National Register of Historic Places or a State inventory of historic places.

“Undeveloped space” means the volume of flood capacity and fish-accessible/egressable habitat from the existing ground to the base flood elevation that has not been reduced due to activity that meets FEMA’s definition of development. Examples of development that impede undeveloped space includes, but is not limited to, the addition of fill, structures, concrete structures (vaults or tanks), pilings, levees and dikes, or any other development that reduces flood storage volume and fish accessible/egressable habitat.

“Variance” means a grant of relief by the City of Harrisburg from the terms of a floodplain management regulation.

“Violation” means the failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this section is presumed to be in violation until such time as that documentation is provided.

“Water dependent” means a structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations.

“Water surface elevation” means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

6. General Provisions.

a. Lands to Which This Section Applies. This section shall apply to all special flood hazard areas within the jurisdiction of the City of Harrisburg.

b. Basis for Establishing the Special Flood Hazard Areas. The special flood hazard areas identified by the Federal Insurance Administrator in a scientific and engineering report entitled “The Flood Insurance Study (FIS) for Linn County, Oregon and Incorporated Areas,” dated July 31, 2019, with accompanying flood insurance rate maps (FIRMs) 40143C1116G, 40143C1118G, and 41043C1119G, are hereby adopted by reference and declared to be a part of this section. The FIS and FIRM panels are on file at City Hall, located at 120 Smith St.

c. Coordination with State of Oregon Specialty Codes. Pursuant to the requirement established in ORS Chapter 455 that the City of Harrisburg administers and enforces the State of Oregon Specialty Codes, the City of Harrisburg does hereby acknowledge that the Oregon specialty codes contain certain provisions that apply to the design and construction of buildings and structures located in special flood hazard areas. Therefore, this section is intended to be administered and enforced in conjunction with the Oregon specialty codes.

d. Compliance and Penalties for Noncompliance.

(1) Compliance. All development within special flood hazard areas is subject to the terms of this section and required to comply with its provisions and all other applicable regulations.

(2) Penalties for Noncompliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violations of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a violation of the Harrisburg Municipal Code, punishable by a fine not to exceed $500.00 per offense. Continuing violations are assessed for each day during which the violation occurs after notice of violation has been served upon the violator. Nothing contained herein shall prevent the City of Harrisburg from taking such other lawful action as is necessary to prevent or remedy any violation.

e. Abrogation and Severability.

(1) Abrogation. This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(2) Severability. This section and the various parts thereof are hereby declared to be severable. If any subsection, clause, sentence, or phrase of this section is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this section.

f. Interpretation. In the interpretation and application of this section, all provisions shall be:

(1) Considered as minimum requirements;

(2) Liberally construed in favor of the governing body; and

(3) Deemed neither to limit nor repeal any other powers granted under State statutes.

g. Warning and Disclaimer of Liability.

(1) Warning. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages.

(2) Disclaimer of Liability. This section shall not create liability on the part of the City of Harrisburg, any officer or employee thereof, or the Federal Insurance Administrator for any flood damages that result from reliance on this section or any administrative decision lawfully made hereunder.

7. Administration.

a. Designation of the Floodplain Administrator. The City Administrator, and his/her designee, is hereby appointed to administer, implement, and enforce this section by granting or denying development permits in accordance with its provisions. The Floodplain Administrator may delegate authority to implement these provisions.

b. Duties and Responsibilities of the Floodplain Administrator. Duties of the Floodplain Administrator, or their designee, shall include, but not be limited to:

(1) Permit Review. Review all development permits to determine that:

(a) The permit requirements of this section have been satisfied;

(b) All other required local, State, and Federal permits have been obtained and approved;

(c) Review all development permits to determine if the proposed development is located in a floodway. If located in the floodway, assure that the floodway provisions of this section in subsection (8)(b) of this section are met; and

(d) Review all development permits to determine if the proposed development is located in an area where base flood elevation (BFE) data is available either through the flood insurance study (FIS) or from another authoritative source. If BFE data is not available, then ensure compliance with the provisions of subsection (8)(a)(7) of this section;

(e) Provide to building officials the base flood elevation (BFE) applicable to any building requiring a development permit;

(f) Review all development permit applications to determine if the proposed development qualifies as a substantial improvement as defined in subsection (5) of this section;

(g) Review all development permits to determine if the proposed development activity is a watercourse alteration. If a watercourse alteration is proposed, ensure compliance with the provisions in subsection (8)(a)(1) of this section; and

(h) Review all development permits to determine if the proposed development activity includes the placement of fill or excavation.

(i) Determine whether the proposed development activity complies with the no net loss standards in subsection (8)(b)(6) of this section.

(2) Information to Be Obtained and Maintained. The following information shall be obtained and maintained and shall be made available for public inspection as needed:

(a) Obtain, record, and maintain the actual elevation (in relation to mean sea level) of the lowest floor (including basements) and all attendant utilities of all new or substantially improved structures where base flood elevation (BFE) data is provided through the flood insurance study (FIS), flood insurance rate map (FIRM), or obtained in accordance with subsection (8)(a)(7) of this section.

(b) Obtain and record the elevation (in relation to mean sea level) of the natural grade of the building site for a structure prior to the start of construction and the placement of any fill and ensure that the requirements of subsections (7)(b)(1)(b) and (8)(b)(4) of this section are adhered to.

(c) Upon placement of the lowest floor of a structure (including basement) but prior to further vertical construction, obtain documentation, prepared and sealed by a professional licensed surveyor or engineer, certifying the elevation (in relation to mean sea level) of the lowest floor (including basement).

(d) Where base flood elevation data are utilized, obtain as-built certification of the elevation (in relation to mean sea level) of the lowest floor (including basement) prepared and sealed by a professional licensed surveyor or engineer, prior to the final inspection.

(e) Maintain all elevation certificates (EC) submitted to the community.

(f) Obtain, record, and maintain the elevation (in relation to mean sea level) to which the structure and all attendant utilities were floodproofed for all new or substantially improved floodproofed structures where allowed under this section and where base flood elevation (BFE) data is provided through the FIS, FIRM, or obtained in accordance with subsection (8)(a)(7) of this section.

(g) Maintain all floodproofing certificates required under this section.

(h) Record and maintain all variance actions, including justification for their issuance.

(i) Obtain and maintain all hydrologic and hydraulic analyses performed as required under subsection (8)(b)(4) of this section.

(j) Record and maintain all substantial improvement and substantial damage calculations and determinations as required under subsection (7)(b)(4) of this section.

(k) Documentation of how no net loss standards have been met (see subsection (8)(b)(6) of this section).

(l) Maintain for public inspection all records pertaining to the provisions of this section.

(3) Requirement to Notify Other Entities and Submit New Technical Data.

(a) Community Boundary Alterations. The Floodplain Administrator shall notify the Federal Insurance Administrator in writing whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed authority or no longer has authority to adopt and enforce floodplain management regulations for a particular area to ensure that all flood hazard boundary maps (FHBM) and flood insurance rate maps (FIRM) accurately represent the community’s boundaries. Include within such notification a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority.

(b) Watercourse Alterations. Notify adjacent communities, the Department of Land Conservation and Development, and other appropriate State and Federal agencies, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. This notification shall be provided by the applicant to the Federal Insurance Administration as a Letter of Map Revision (LOMR) along with either:

i. A proposed maintenance plan to assure the flood-carrying capacity within the altered or relocated portion of the watercourse is maintained; or

ii. Certification by a registered professional engineer that the project has been designed to retain its flood-carrying capacity without periodic maintenance.

The applicant shall be required to submit a conditional letter of map revision (CLOMR) when required under subsection (7)(b)(3)(c) of this section. Ensure compliance with all applicable requirements in subsections (7)(b)(3)(c) and (8)(a)(1) of this section.

(c) Requirement to Submit New Technical Data. A community’s base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with Title 44 CFR, Section 65.3. The community may require the applicant to submit such data and review fees required for compliance with this section through the applicable FEMA letter of map change (LOMC) process.

The Floodplain Administrator shall require a conditional letter of map revision prior to the issuance of a floodplain development permit for:

i. Proposed floodway encroachments that increase the base flood elevation; and

ii. Proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway.

An applicant shall notify FEMA within six months of project completion when an applicant has obtained a conditional letter of map revision (CLOMR) from FEMA. This notification to FEMA shall be provided as a letter of map revision (LOMR).

The applicant shall be responsible for preparing all technical data to support CLOMR/LOMR applications and paying any processing or application fees associated with the CLOMR/LOMR.

The Floodplain Administrator shall be under no obligation to sign the community acknowledgment form, which is part of the CLOMR/LOMR application, until the applicant demonstrates that the project will or has met the requirements of this code and all applicable State and Federal permits.

(4) Substantial Improvement and Substantial Damage Assessments and Determinations. Conduct substantial improvement (SI) (as defined in subsection (5) of this section) reviews for all structural development proposal applications and maintain a record of SI calculations within permit files in accordance with subsection (7)(b)(2) of this section. Conduct substantial damage (SD) (as defined in subsection (5) of this section) assessments when structures are damaged due to a natural hazard event or other causes. Make SD determinations whenever structures within the special flood hazard area (as established in subsection (6)(b) of this section) are damaged to the extent that the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

c. Establishment of Development Permit.

(1) Floodplain Development Permit Required. A development permit shall be obtained before construction or development begins within any area horizontally within the special flood hazard area established in subsection (6)(b) of this section. The development permit shall be required for all structures, including manufactured dwellings, and for all other development, as defined in subsection (5) of this section, including fill and other development activities.

(2) Application for Development Permit. Application for a development permit may be made on forms furnished by the Floodplain Administrator and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:

(a) In riverine flood zones, the proposed elevation (in relation to mean sea level), of the lowest floor (including basement) and all attendant utilities of all new and substantially improved structures, in accordance with the requirements of subsection (7)(b)(2) of this section.

(b) Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed.

(c) Certification by a registered professional engineer or architect licensed in the State of Oregon that the floodproofing methods proposed for any nonresidential structure meet the floodproofing criteria for nonresidential structures in subsection (8)(b)(3)(c) of this section.

(d) Description of the extent to which any watercourse will be altered or relocated.

(e) Base flood elevation data for subdivision proposals or other development when required per subsections (7)(b)(1) and (8)(a)(6) of this section.

(f) Substantial improvement calculation for any improvement, addition, reconstruction, renovation, or rehabilitation of an existing structure.

(g) The amount and location of any fill or excavation activities proposed.

d. Variance Procedure. The issuance of a variance is for floodplain management purposes only. Flood insurance premium rates are determined by Federal statute according to actuarial risk and will not be modified by the granting of a variance.

(1) Conditions for Variances.

(a) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the provisions of subsections (7)(d)(1)(b) through (7)(d)(1)(e) of this section. As the lot size increases beyond one-half acre, the technical justification required for issuing a variance increases.

(b) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(c) Variances shall not be issued within any floodway if any increase in flood levels during the base flood discharge would result.

(d) Variances shall only be issued upon:

i. A showing of good and sufficient cause;

ii. A determination that failure to grant the variance would result in exceptional hardship to the applicant;

iii. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing laws or ordinances.

(e) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation of historic structures will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(f) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use; provided, that the criteria of subsections (7)(d)(1)(b) through (7)(d)(1)(e) of this section are met, and the structure or other development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.

(g) Variances shall not be issued unless it is demonstrated that the development will not result in net loss of the following proxies for the three floodplain functions in the SFHA: undeveloped space; pervious surface; or trees six inches dbh or greater (see subsection (8)(b)(6) of this section and associated options in Table 1).

(2) Variance Notification. Any applicant to whom a variance is granted shall be given written notice that the issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance and that such construction below the base flood elevation increases risk to life and property. Such notification and a record of all variance actions, including justification for their issuance, shall be maintained in accordance with subsection (7)(b)(2) of this section.

8. Provisions for Flood Hazard Reduction.

a. General Standards. In all special flood hazard areas, the no net loss standards (see subsection (8)(b)(6) of this section) and the following standards shall be adhered to:

(1) Alteration of Watercourses. Require that the flood-carrying capacity within the altered or relocated portion of said watercourse is maintained. Require that maintenance is provided within the altered or relocated portion of said watercourse to ensure that the flood-carrying capacity is not diminished. Require compliance with subsections (7)(b)(3)(b) and (8)(b)(3)(d) of this section.

(2) Anchoring.

(a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(b) All manufactured dwellings shall be anchored per subsection (8)(b)(3)(d) of this section.

(3) Construction Materials and Methods.

(a) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(b) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(4) Utilities and Equipment.

(a) Water Supply, Sanitary Sewer, and On-Site Waste Disposal Systems.

i. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

ii. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.

iii. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding consistent with the Oregon Department of Environmental Quality.

(b) Electrical, Mechanical, Plumbing, and Other Equipment. Electrical, heating, ventilating, air conditioning, plumbing, duct systems, and other equipment and service facilities shall be elevated at or above the base flood level or shall be designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during conditions of flooding. In addition, electrical, heating, ventilating, air conditioning, plumbing, duct systems, and other equipment and service facilities shall, if replaced as part of a substantial improvement, meet all the requirements of this section.

(5) Tanks.

(a) Underground tanks shall be anchored to prevent flotation, collapse and lateral movement under conditions of the base flood.

(b) Aboveground tanks shall be installed at or above the base flood level or shall be anchored to prevent flotation, collapse, and lateral movement under conditions of the base flood.

(6) Subdivision Proposals and Other Proposed Developments.

(a) All new subdivision proposals and other proposed new developments (including proposals for manufactured dwelling parks and subdivisions) greater than 50 lots or five acres, whichever is the lesser, shall include within such proposals, base flood elevation data.

(b) All new subdivision proposals and other proposed new developments (including proposals for manufactured dwelling parks and subdivisions) shall:

i. Be consistent with the need to minimize flood damage.

ii. Have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage.

iii. Have adequate drainage provided to reduce exposure to flood hazards.

iv. Comply with no net loss standards in subsection (8)(b)(6) of this section.

(7) Use of Other Base Flood Elevation Data. When base flood elevation data has not been provided in accordance with subsection (6)(b) of this section, the local floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation data available from a Federal, State, or other source, in order to administer subsection (6)(c) of this section. All new subdivision proposals and other proposed new developments (including proposals for manufactured dwelling parks and subdivisions) must meet the requirements of subsection (8)(a)(6) of this section.

Base flood elevations shall be determined for development proposals that are five acres or more in size or are 50 lots or more, whichever is lesser, in any A zone that does not have an established base flood elevation. Development proposals located within a riverine unnumbered A zone shall be reasonably safe from flooding; the test of reasonableness includes use of historical data, high water marks, FEMA-provided base level engineering data, and photographs of past flooding, etc., wherever available. All residential structures and nonresidential structures that are not dry floodproofed need to be a minimum of two feet above the highest adjacent grade.

Failure to elevate at least two feet above grade in these zones may result in higher insurance rates.

(8) Structures Located in Multiple or Partial Flood Zones. In coordination with the State of Oregon specialty codes:

(a) When a structure is located in multiple flood zones on the community’s flood insurance rate maps (FIRM), the provisions for the more restrictive flood zone shall apply.

(b) When a structure is partially located in a special flood hazard area, the entire structure shall meet the requirements for new construction and substantial improvements.

(9) Critical Facilities Located in Multiple or Partial Flood Zones. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area. Construction of new critical facilities shall be permissible within the SFHA only if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above the base flood elevation (BFE) or to the height of the 500-year flood, whichever is higher. Access to and from the critical facility shall also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters.

b. Specific Standards for Riverine (Including All Noncoastal) Flood Zones. These specific standards shall apply to all new construction and substantial improvements in addition to the general standards contained in subsection (8)(a)(1) of this section and the no net loss standards (see subsection (8)(b)(6) of this section).

(1) Flood Openings. All new construction and substantial improvements with fully enclosed areas below the lowest floor (excluding basements) are subject to the following requirements. Enclosed areas below the base flood elevation, including crawl spaces, shall:

(a) Be designed to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters;

(b) Be used solely for parking, storage, or building access;

(c) Be certified by a registered professional engineer or architect or meet or exceed all of the following minimum criteria:

i. A minimum of two openings;

ii. The total net area of nonengineered openings shall be not less than one square inch for each square foot of enclosed area, where the enclosed area is measured on the exterior of the enclosure walls;

iii. The bottom of all openings shall be no higher than one foot above grade;

iv. Openings may be equipped with screens, louvers, valves, or other coverings or devices; provided, that they shall allow the automatic flow of floodwater into and out of the enclosed areas and shall be accounted for in the determination of the net open area;

v. All additional higher standards for flood openings in the State of Oregon Residential Specialty Code Section R322.2.2 shall be complied with when applicable.

(2) Garages.

(a) Attached garages may be constructed with the garage floor slab below the base flood elevation (BFE) in riverine flood zones, if the following requirements are met:

i. If located within a floodway, the proposed garage must comply with the requirements of subsection (8)(b)(4) of this section;

ii. The floors are at or above grade on not less than one side;

iii. The garage is used solely for parking, building access, and/or storage;

iv. The garage is constructed with flood openings in compliance with subsection (8)(b)(1) of this section to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater;

v. The portions of the garage constructed below the BFE are constructed with materials resistant to flood damage;

vi. The garage is constructed in compliance with the standards in subsection (8)(a) of this section; and

vii. The garage is constructed with electrical and other service facilities located and installed so as to prevent water from entering or accumulating within the components during conditions of the base flood.

(b) Detached garages must be constructed in compliance with the standards for appurtenant structures in subsection (8)(b)(3)(f) of this section or nonresidential structures in subsection (8)(b)(3)(c) of this section depending on the square footage of the garage.

(3) For Riverine (Noncoastal) Special Flood Hazard Areas With Base Flood Elevations. In addition to the general standards listed in subsection (8)(a) of this section, the following specific standards shall apply in riverine (noncoastal) special flood hazard areas with base flood elevations (BFE): Zones A1-30, AH, and AE.

(a) Before Regulatory Floodway. In areas where a regulatory floodway has not been designated, no new construction, substantial improvement, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community’s flood insurance rate map (FIRM), unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community and will not result in the net loss of flood storage volume. When determined that structural elevation is not possible and where the placement of fill cannot meet the above standard, impacts to undeveloped space must adhere to the no net loss standards in subsection (8)(b)(6)(a)(iii) of this section.

(b) Residential Construction.

i. New construction, conversion to, and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at least one foot above the base flood elevation (BFE).

ii. Enclosed areas below the lowest floor shall comply with the flood opening requirements in subsection (8)(b)(1) of this section.

(c) Nonresidential Construction.

i. New construction, conversion to, and substantial improvement of any commercial, industrial, or other nonresidential structure shall:

(i) Have the lowest floor, including basement, elevated at one foot or more above the base flood elevation (BFE);

(ii) Or, together with attendant utility and sanitary facilities:

1. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

3. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this section based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the Floodplain Administrator as set forth in subsection (7)(b)(2) of this section.

(iii) Nonresidential structures that are elevated, not floodproofed, shall comply with the standards for enclosed areas below the lowest floor in subsection (8)(b)(1) of this section.

(iv) Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building floodproofed to the base flood level will be rated as one foot below).

(d) Manufactured Dwellings.

i. Manufactured dwellings to be placed (new or replacement) or substantially improved that are supported on solid foundation walls shall be constructed with flood openings that comply with subsection (8)(b)(1) of this section;

ii. The bottom of the longitudinal chassis frame beam shall be at or above base flood elevation;

iii. Manufactured dwellings to be placed (new or replacement) or substantially improved shall be anchored to prevent flotation, collapse, and lateral movement during the base flood. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques); and

iv. Electrical crossover connections shall be a minimum of 12 inches above base flood elevation (BFE).

(e) Recreational Vehicles. Recreational vehicles placed on sites are required to:

i. Be on the site for fewer than 180 consecutive days; and

ii. Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

iii. Meet the requirements of subsection (8)(b)(3)(d) of this section, including the anchoring and elevation requirements for manufactured dwellings.

(f) Appurtenant (Accessory) Structures. Relief from elevation or floodproofing requirements for residential and nonresidential structures in riverine (noncoastal) flood zones may be granted for appurtenant structures that meet the following requirements:

i. Appurtenant structures located partially or entirely within the floodway must comply with requirements for development within a floodway found in subsection (8)(b)(4) of this section;

ii. Appurtenant structures must only be used for parking, access, and/or storage and shall not be used for human habitation;

iii. In compliance with State of Oregon specialty codes, appurtenant structures on properties that are zoned residential are limited to one-story structures less than 200 square feet, or 400 square feet if the property is greater than two acres in area and the proposed appurtenant structure will be located a minimum of 20 feet from all property lines. Appurtenant structures on properties that are zoned as nonresidential are limited in size to 120 square feet;

iv. The portions of the appurtenant structure located below the base flood elevation must be built using flood-resistant materials;

v. The appurtenant structure must be adequately anchored to prevent flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood;

vi. The appurtenant structure must be designed and constructed to equalize hydrostatic flood forces on exterior walls and comply with the requirements for flood openings in subsection (8)(b)(1) of this section;

vii. Appurtenant structures shall be located and constructed to have low damage potential;

viii. Appurtenant structures shall not be used to store toxic material, oil, or gasoline, or any priority persistent pollutant identified by the Oregon Department of Environmental Quality unless confined in a tank installed in compliance with subsection (8)(a)(5) of this section;

ix. Appurtenant structures shall be constructed with electrical, mechanical, and other service facilities located and installed so as to prevent water from entering or accumulating within the components during conditions of the base flood.

(g) Below-Grade Crawl Spaces. Below-grade crawl spaces are common in Oregon but are highly discouraged for any flood hazard areas in the City of Harrisburg. For below-grade crawl spaces to be allowed, the following guidelines are required:

i. The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Hydrostatic loads and the effects of buoyancy can usually be addressed through the required flood openings stated in subsection (8)(b)(1) of this section. Because of hydrodynamic loads, crawl space construction is not allowed in areas with flood velocities greater than five feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer. Other types of foundations are recommended for these areas.

ii. The crawl space is an enclosed area below the base flood elevation (BFE) and, as such, must have openings that equalize hydrostatic pressures by allowing the automatic entry and exit of floodwaters. The bottom of each flood vent opening can be no more than one foot above the lowest adjacent exterior grade.

iii. Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawl space used to elevate the building, but also any joists, insulation, or other materials that extend below the BFE. The recommended construction practice is to elevate the bottom of joists and all insulation above BFE.

iv. Any building utility systems within the crawl space must be elevated above BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions. Ductwork, in particular, must either be placed above the BFE or sealed from floodwaters.

v. The interior grade of a crawl space below the BFE must not be more than two feet below the lowest adjacent exterior grade.

vi. The height of the below-grade crawl space, measured from the interior grade of the crawl space to the top of the crawl space foundation wall, must not exceed four feet at any point. The height limitation is the maximum allowable unsupported wall height according to the engineering analyses and building code requirements for flood hazard areas.

vii. There must be an adequate drainage system that removes floodwaters from the interior area of the crawl space. The enclosed area should be drained within a reasonable time after a flood event. The type of drainage system will vary because of the site gradient and other drainage characteristics, such as soil types. Possible options include natural drainage through porous, well-drained soils and drainage systems such as perforated pipes, drainage tiles or gravel or crushed stone drainage by gravity or mechanical means.

viii. The velocity of floodwaters at the site shall not exceed five feet per second for any crawl space. For velocities in excess of five feet per second, other foundation types should be used.

(4) Floodways. Located within the special flood hazard areas established in subsection (6)(b) of this section are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of the floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

(a) Prohibit encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless:

i. Certification by a registered professional civil engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment shall not result in any increase in flood levels within the community during the occurrence of the base flood discharge; or

ii. A community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations; provided, that conditional approval has been obtained by the Federal Insurance Administrator through the conditional letter of map revision (CLOMR) application process; all requirements established under 44 CFR Section 65.12 are fulfilled and the encroachment(s) comply with the no net loss standards in subsection (8)(b)(6) of this section.

(b) If the requirements of subsection (8)(b)(4)(a) of this section are satisfied, all new construction, substantial improvements, and other development shall comply with all other applicable flood hazard reduction provisions of subsection (8) of this section.

(5) Standards for Shallow Flooding Areas. Shallow flooding areas appear on FIRMs as AO zones with depth designations or as AH zones with base flood elevations. For AO zones the base flood depths range from one to three feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. For both AO and AH zones, adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures.

(a) Standards for AH Zones. Development within AH zones must comply with the standards in subsections (8)(a) and (8)(b)(5) of this section.

(b) Standards for AO Zones. In AO zones, the following provisions apply in addition to the requirements in subsections (8)(a) and (8)(b)(5) of this section:

i. New construction, conversion to, and substantial improvement of residential structures and manufactured dwellings within AO zones shall have the lowest floor, including basement, elevated above the highest grade adjacent to the building, at minimum to or above the depth number specified on the flood insurance rate maps (FIRM) (at least two feet if no depth number is specified). For manufactured dwellings the lowest floor is considered to be the bottom of the longitudinal chassis frame beam.

ii. New construction, conversion to, and substantial improvements of nonresidential structures within AO zones shall either:

(i) Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, at minimum to or above the depth number specified on the flood insurance rate maps (FIRMS) (at least two feet if no depth number is specified); or

(ii) Together with attendant utility and sanitary facilities, be completely floodproofed to or above the depth number specified on the FIRM or a minimum of two feet above the highest adjacent grade if no depth number is specified, so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as stated in subsection (8)(b)(3)(c)(i)(ii)(3) of this section.

(iii) Recreational vehicles placed on sites within AO zones on the community’s flood insurance rate maps (FIRM) shall either:

1. Be on the site for fewer than 180 consecutive days; and

2. Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

3. Meet the elevation requirements of subsection (8)(b)(5)(b) of this section and the anchoring and other requirements for manufactured dwellings of subsection (8)(b)(3)(d) of this section.

(iv) In AO zones, new and substantially improved appurtenant structures must comply with the standards in subsection (8)(b)(3)(f) of this section.

(v) In AO zones, enclosed areas beneath elevated structures shall comply with the requirements in subsection (8)(a) of this section.

(6) Standards for Protections of SFHA Floodplain Functions. Adherent to the NMFS 2016 Biological Opinion, mitigation is necessary to ensure no net loss in floodplain functions. FEMA’s 2024 Draft Oregon Implementation Plan identifies proxies that provide measurable actions that can prevent the no net loss of the parent floodplain functions. These proxies include undeveloped space, pervious surfaces, and trees to account for a no net loss in respective floodplain functions of floodplain storage, water quality, and vegetation. Mitigation of these proxies must be completed to ensure compliance with no net loss standards. No net loss applies to the net change in floodplain functions as compared to existing conditions at the time of proposed development and mitigation must be addressed to the floodplain function that is receiving the detrimental impact. The standards described below apply to all special flood hazard areas as defined in subsection (5) of this section.

(a) No Net Loss Standards.

i. No net loss of the proxies for the floodplain functions mentioned in subsection (3)(d)(1) of this section is required for development in the special flood hazard area that would reduce undeveloped space, increase impervious surface, or result in a loss of trees that are six inches dbh or greater. No net loss can be achieved by first avoiding negative effects to floodplain functions to the degree possible, then minimizing remaining effects, then replacing and/or otherwise compensating for, offsetting, or rectifying the residual adverse effects to the three floodplain functions.

ii. Compliance with no net loss for undeveloped space or impervious surface is preferred to occur prior to the loss of habitat function but, at a minimum, shall occur concurrently with the loss.

iii. No net loss must be provided within, in order of preference: (i) the lot or parcel that floodplain functions were removed from, (ii) the same reach of the waterbody where the development is proposed, or (iii) the special flood hazard area within the same hydrologically connected area as the proposed development. Table 1 presents the no net loss ratios, which increase based on the preferences listed above.

(b) Undeveloped Space.

i. Development proposals shall not reduce the fish-accessible and egressable habitat and flood storage volume created by undeveloped space within the special flood hazard area. A development proposal with an activity that would impact undeveloped space shall achieve no net loss of fish-accessible and egressable space and flood storage volume.

(i) Lost undeveloped space must be replaced with fish-accessible and egressable compensatory volume based on the ratio in Table 1.

(ii) Hydrologically connected to the waterbody that is the flooding source;

(iii) Designed so that there is no increase in velocity.

(c) Impervious Surfaces. Impervious surface mitigation shall be mitigated through any of the following options:

i. Development proposals shall not result in a net increase in impervious surface area within the SFHA through the use of ratios prescribed in Table 1, or

ii. Use low impact development or green infrastructure to infiltrate and treat stormwater produced by the new impervious surface, as documented by a qualified professional, or

iii. If prior methods are not feasible and documented by a qualified professional stormwater retention is required to ensure no increase in peak volume or flow and to maximize infiltration, and treatment is required to minimize pollutant loading. See subsection (8)(b)(6)(e)(iii) of this section for stormwater retention specifications.

(d) Trees.

i. Development proposals shall result in no net loss of trees six inches dbh or greater within the special flood hazard area.

(i) Trees of or exceeding 6-inches dbh that are removed from the RBZ, Floodway, or RBZ-fringe must be replaced at the ratios in Table 1 and planted within the special flood hazard area.

(ii) Replacement trees must be native species that would occur naturally in the Level III ecoregion of the impact area.

(e) Stormwater Management. Any development proposal that cannot mitigate as specified in subsections (8)(b)(6)(c)(i) and (8)(b)(6)(c)(ii) of this section must include the following:

i. Water quality (pollution reduction) treatment for post-construction stormwater runoff from any net increase in impervious area; and

ii. Water quantity treatment (retention or detention facilities) unless the outfall discharges into the ocean.

iii. Retention and detention facilities must:

(i) Limit discharge to match the predevelopment peak discharge rate (i.e., the discharge rate of the site based on its natural groundcover and grade before any development occurred) for the 10-year peak flow using a continuous simulation for flows between 50 percent of the two-year event and the 10-year flow event (annual series).

(ii) Treat stormwater to remove sediment and pollutants from impervious surfaces such that at least 80 percent of the suspended solids are removed from the stormwater prior to discharging to the receiving water body.

(iiii) Be designed to not entrap fish.

(iv) Be certified by a qualified professional.

iv. Detention facilities must:

(i) Drain to the source of flooding.

(ii) Be designed by a qualified professional.

v. Stormwater treatment practices for multiparcel facilities, including subdivisions, shall have an enforceable operation and maintenance agreement to ensure the system functions as designed. This agreement will include:

(i) Access to stormwater treatment facilities at the site by the City of Harrisburg for the purpose of inspection and repair.

(ii) A legally binding document specifying the parties responsible for the proper maintenance of the stormwater treatment facilities. The agreement will be recorded and bind subsequent purchasers and sellers even if they were not party to the original agreement.

(iii) For stormwater controls that include vegetation and/or soil permeability, the operation and maintenance manual must include maintenance of these elements to maintain the functionality of the feature.

(iv) The responsible party for the operation and maintenance of the stormwater facility shall have the operation and maintenance manual on site and available at all times. Records of the maintenance and repairs shall be retained and made available for inspection by the City of Harrisburg for five years.

(f) Activities Exempt From No Net Loss Standards. The following activities are not subject to the no net loss standards in subsection (8)(b)(6)(a) of this section; however, they may not be exempt from floodplain development permit requirements.

i. Normal maintenance of structures, such as reroofing and replacing siding, provided there is no change in the footprint or expansion of the roof of the structure;

ii. Normal street, sidewalk, and road maintenance, including filling potholes, repaving, and installing signs and traffic signals, that does not alter contours, use, or alter culverts and is less than six inches above grade. Activities exempt do not include expansion of paved areas;

iii. Routine maintenance of landscaping that does not involve grading, excavation, or filling;

iv. Routine agricultural practices such as tilling, plowing, harvesting, soil amendments, and ditch cleaning that does not alter the ditch configuration provided the spoils are removed from special flood hazard area or tilled into fields as a soil amendment;

v. Routine silviculture practices (harvesting of trees), including hazardous fuels reduction and hazard tree removal as long as root balls are left in place;

vi. Removal of noxious weeds and hazard trees, and replacement of nonnative vegetation with native vegetation;

vii. Normal maintenance of above ground utilities and facilities, such as replacing downed power lines and utility poles provided there is no net change in footprint;

viii. Normal maintenance of a levee or other flood control facility prescribed in the operations and maintenance plan for the levee or flood control facility. Normal maintenance does not include repair from flood damage, expansion of the prism, expansion of the face or toe or addition of protection on the face or toe with rock armor.

ix. Habitat restoration activities.

x. Preemptive removal of documented susceptible trees to manage the spread of invasive species.

xi. Projects that are covered under separate consultations under Section 4(d), 7, or 10 of the Endangered Species Act (ESA).

(g) Riparian Buffer Zone (RBZ).

i. The riparian buffer zone is measured from the ordinary high-water line of a fresh waterbody (lake; pond; ephemeral, intermittent, or perennial stream) or mean higher-high water of a marine shoreline or tidally influenced river reach to 170 feet horizontally on each side of the stream or inland of the MHHW. The riparian buffer zone includes the area between these outer boundaries on each side of the stream, including the stream channel.

ii. Habitat restoration activities in the RBZ are considered self-mitigating and are not subject to the no net loss standards described above.

iii. Functionally dependent uses are only subject to the no net loss standards in subsection (8)(b)(6)(a) of this section for development in the RBZ. Ancillary features that are associated with but do not directly impact the functionally dependent use in the RBZ (including manufacturing support facilities and restrooms) are subject to the beneficial gain standard in addition to no net loss standards.

iv. Any other use of the RBZ requires a greater offset to achieve no net loss of floodplain functions, on top of the no net loss standards described above, through the beneficial gain standard.

v. Under FEMA’s beneficial gain standard, an area within the same reach of the project and equivalent to five percent of the total project area within the RBZ shall be planted with native herbaceous, shrub and tree vegetation.

Notes:

1. Mitigation multipliers of 100 percent result in the required mitigation occurring at the same value described by the ratios above, while multipliers of 200 percent result in the required mitigation being doubled.

a. For example, if a development would create 1,000 square feet of new impervious surface, then 1,000 square feet of new pervious surface would need to be created. However, if only 500 square feet can be created within the same reach, the remaining 500 square feet created with a different reach would need to be double the required amount because of the 200 percent multiplier. In other words, another 1,000 square feet of pervious surface would need to be created at the location in the different reach, in addition to the 500 square feet created within the same reach.

[Ord. 1008 § 1 (Exh. A), 2025; Ord. 987 § 1 (Exh. A), 2022.]