In order to achieve the intent and purpose in MCC 16.35.030, zoning classifications and overlay zones are hereby established for all unincorporated areas of Marion County located within urban growth boundaries as provided in Chapters 16.02 to 16.25 MCC. These classifications and overlay zones identify uses permitted subject to the development requirements in Chapter 16.24 MCC and Chapters 16.26 through 16.34 MCC. Conditional uses are subject to the development requirements in the applicable zone, in Chapters 16.26 through 16.34 MCC, and any requirements imposed as a condition of approval pursuant to MCC 16.40.030 and 16.40.040. Zone changes, other than legislative changes, are subject to the requirements of Chapters 16.26 through 16.34 MCC and any requirements imposed as a condition of approval pursuant to MCC 16.39.060 and 16.39.070. [Ord. 1480 § 4 (Exh. B), 2025; Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 1.10.]

As prescribed in MCC 16.01.010, Marion County is divided into use zones. The zones included in this title are as follows:

[Ord. 1480 § 4 (Exh. B), 2025; Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 1.20.]

Zone classifications implement the Comprehensive Plan designations. Because this title implements several city comprehensive plans and not all plan designations are identical for all cities, those in the Salem/Keizer Comprehensive Plan are used below. For cities other than Salem, the zoning administrator shall decide which of the following zones implement the applicable plan designation on the basis of the intent in the applicable comprehensive plan. The zone classifications below are listed in order of most restrictive to least restrictive under the appropriate plan designation. Following are the zones allowed in the Salem Area Comprehensive Plan designations:

[Ord. 1480 § 4 (Exh. B), 2025; Ord. 1454 § 4 (Exh. B), 2023; Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 1.30.]

This title includes official zoning maps. The maps, together with all explanatory matter thereon, identify the boundaries of the zones and overlay zones established in Chapters 16.02 to 16.25 MCC, and the application of land use regulations in this title to certain lands. The maps shall be filed in the office of the zoning administrator. The zoning administrator shall amend the maps when so directed by county ordinance. The maps shall be available for public review and copies of the maps shall be provided at reasonable cost. When requested the zoning administrator shall certify that a copy of all or a portion of any map “is the current zoning map contained in the Marion County Zoning Ordinance” on a specific date. [Ord. 1480 § 4 (Exh. B), 2025; Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 1.40.]

Notwithstanding any other provision in this code, a commercial battery energy storage system, which uses batteries to store electrical energy for use on the electrical grid, is not allowed in any zone. This prohibition does not apply to personal battery storage systems that do not primarily store power for public use or sale. [Ord. 1480 § 4 (Exh. B), 2025.]

The purpose of the RS (single-family residential) zone is to allow development of attached or detached residences on individual lots provided with urban services at low urban densities. Other uses provided in MCC 16.02.010 and 16.02.020 are also appropriate. These areas are designated as single-family residential or equivalent designation in the applicable urban area comprehensive plan. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 2.00.]

The following uses, when developed under the applicable development standards in this title, are permitted in the RS zone:

A. Detached single-family dwelling* on a lot.

B. Child care home* for 12 or fewer children.

C. Utility* substations.

D. The following uses subject to the special standards in Chapter 16.26 MCC:

1. Mobile home* on a lot in a mobile home subdivision or as a replacement for a legally nonconforming mobile home (see MCC 16.26.020).

2. Two-family shared housing (see MCC 16.26.040).

3. Duplex* on a corner lot (see MCC 16.26.060).

4. Zero side yard dwelling units* (see MCC 16.26.080).

5. Home occupations, limited* (see MCC 16.26.200).

6. Residential sales offices (see MCC 16.26.300).

7. Boat and RV storage area (see MCC 16.26.340).

8. Religious organizations* (see MCC 16.26.600).

9. Planned developments (see MCC 16.26.800).

10. Mobile home parks (see MCC 16.26.901).

11. Elementary and secondary schools, SIC 8211 (see MCC 16.26.620).

12. Manufactured home on a lot (see MCC 16.26.030).

E. Signs subject to Chapter 16.31 MCC.

F. The following accessory uses are permitted on a lot in conjunction with a permitted dwelling or mobile home:

1. Decks and patios (open, covered or enclosed);

2. Storage building for firewood, equipment used in conjunction with dwelling and yard maintenance, personal property (except vehicles) not in conjunction with any commercial or industrial business other than a home occupation;

3. Greenhouse;

4. Sauna;

5. Hobby shop;

6. Shelter for pets;

7. Fallout shelters;

8. Swimming pools and hot tubs;

9. Guest facility* subject to MCC 16.25.200(A)(9);

10. Rooming* or boarding* of up to two persons in a dwelling;

11. Pets*. Not more than 10 mammals over four months old are allowed as pets unless a conditional use permit is obtained;

12. One recreational vehicle space* subject to MCC 16.26.410;

13. One additional kitchen in a single-family dwelling, subject to the filing of a declaratory statement;

14. Offering for sale five or fewer vehicles* owned by the occupants of the dwelling in any calendar year;

15. Garages* and carports* for covered vehicle parking;

16. Child foster home*;

17. Sleeping quarters in the dwelling or mobile home for domestic employees of the resident of the dwelling or mobile home;

18. Fences subject to the requirements in Chapter 16.28 MCC;

19. Repealed by Ord. 1454;

20. Parking of vehicles* in a structure, or outdoors provided:

a. All of the vehicles are owned by the owner or lessee of the lot or their guests;

b. Vehicles may be parked outdoors:

i. Within the front yard in a driveway that meets the standards in MCC 16.30.150;

ii. In the lot area where accessory buildings are permitted, provided the parking area is screened by a six-foot-high sight-obscuring fence, wall or hedge from other lots in a residential use and has an all-weather surface drained to prevent standing water;

iii. Not more than three vehicles shall be parked on a lot within required yards abutting streets;

c. Parked vehicles shall be for the personal use of the occupants of the dwelling;

d. Two vehicles used in conjunction with a home occupation or other employment may be parked on a lot;

e. Any vehicle used in conjunction with a home occupation or other employment that is parked on a lot and is rated at more than one ton capacity must be parked in an enclosed structure.

G. Temporary uses permitted in MCC 16.25.300.

H. Transit and school bus stop shelters. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 964 § 4, 1994; Ord. 894 § 4, 1991; Ord. 882 § 4, 1990; Ord. 863 § 5, 1990. UZ Ord. § 2.01.]

The following uses may be permitted subject to obtaining a conditional use permit:

A. Public parks and playgrounds.

B. Public buildings and structures such as libraries, fire stations and public utilities*.

C. Individual and family social services as defined in SIC 8322.

D. Civic, social and fraternal organizations as defined in SIC 864.

E. Child care facility* (see MCC 16.26.220).

F. Residential facilities* (see MCC 16.26.240).

G. Membership recreation club, SIC 7997 (see MCC 16.26.320).

H. Public golf course, SIC 7992 (see MCC 16.26.320).

I. Duplex on a corner lot without the limits in MCC 16.02.010(D)(3).

J. Home occupation, conditional* subject to MCC 16.32.400. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 2.02.]

Within an RS zone no building, structure, vehicle or land shall be used, erected, structurally altered, or enlarged for any use not permitted under MCC 16.02.010 and 16.02.020. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 2.03.]

The standards and regulations in this chapter and the additional standards and regulations referenced in Chapter 16.24 MCC and Chapters 16.26 through 16.34 MCC apply to all lots, structures and uses unless indicated otherwise. No structure or use shall be approved until all requirements in this chapter have been satisfied.

The provisions of this chapter are complementary and supplementary to other provisions of this title. In the event of a conflict between a provision of this chapter and a more restrictive provision of this title applicable to a particular lot, structure or use, the more restrictive provision shall apply. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 2.10.]

Within an RS zone:

A. Structures shall not exceed 35 feet in height except as provided for in subsections (B) and (C) of this section.

B. Structures for public and semi-public* uses: 70 feet, provided required setbacks shall be increased one foot for every foot the structure height exceeds 35 feet.

C. Structures exempt from height requirements identified in MCC 16.27.160 and structures with specific height requirements identified in Chapter 16.28 MCC are not subject to subsections (A) and (B) of this section; however, required setbacks for structures identified in MCC 16.27.160 shall be increased one foot for every foot the structure exceeds 35 feet. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 2.11.]

Within an RS zone:

A. Lot Area. The minimum lot area for a single-family dwelling in a subdivision approved after the effective date of the ordinance codified in this title, is 4,000 square feet when located within the Salem/Keizer area urban growth boundary. In all other cases lots shall be a minimum of 6,000 square feet. (See Chapter 16.27 MCC for density limitations.)

B. Lot Dimensions. Except as provided in MCC 16.26.800 for planned developments, the width of a lot shall be at least 60 feet; provided, that within the Salem/Keizer urban growth boundary the width of a lot shall be at least 40 feet, and the depth of a lot shall be at least 70 feet. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 2.12.]

Within an RS zone:

A. Within the Salem/Keizer urban growth boundary, along the full extent of each front lot line, or lot line abutting a street right-of-way line, there shall be a required yard 12 feet in depth; provided, however, garages or carports having a vehicle entrance facing a street or roadway right-of-way line shall be set back at least 20 feet from the street right-of-way line. For other urban growth boundaries, the required yard shall be 20 feet.

B. Notwithstanding the provisions of subsection (A) of this section, there shall be a required yard of 20 feet from the right-of-way of a designated arterial or collector street or from the special setback established in MCC 16.27.210, whichever is greater.

C. Setbacks for accessory structures shall be as provided in Chapter 16.28 MCC.

D. Yards for planned developments and mobile home parks shall be as provided in Chapter 16.26 MCC. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 2.13.]

Within an RS zone the following side yards shall be provided:

A. A minimum of five feet; provided, inside the Salem/Keizer urban growth boundary, side yards of zero feet on one side and at least 10 feet on the other side are permitted for zero side yard dwellings (see MCC 16.26.080) when the lot abutting the zero setback is in the same ownership at the time the dwelling is constructed and the zero setback will not encroach on any easements.

B. Setbacks for accessory structures shall be as provided in Chapter 16.28 MCC.

C. Yards for planned developments and mobile home parks shall be as provided in Chapter 16.26 MCC. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 2.14.]

Within an RS zone the following rear yards shall be provided:

A. Within the Salem/Keizer urban growth boundary 14 feet for any single-family dwelling and for a primary building that does not exceed 15 feet in height. A primary building greater than 15 feet in height shall maintain a 20-foot rear yard.

B. Within other urban growth boundaries, 20 feet for a single-family dwelling and for any portion of a building other than a single-family dwelling.

C. Setbacks for accessory structures shall be as provided in Chapter 16.28 MCC.

D. Yards for planned developments and for mobile home parks shall be as provided in Chapter 16.26 MCC. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 2.15.]

Within an RS zone:

A. All portions of required yards lying between a street or roadway and the dwelling, or between the street or roadway and any sight-obscuring fence, wall or hedge located within the required yard, shall be landscaped.

B. All required landscaped areas shall be landscaped as provided in Chapter 16.29 MCC. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 2.20.]

Additional use and development standards may be found in the following chapters:

[Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 2.30.]

The RL (limited multiple-family residential) zone is intended to provide for detached and attached dwellings on a lot or multiple dwellings on a lot at an intermediate density. Other uses compatible with residential development are also appropriate. RL zones are located in areas designated multiple-family residential or an equivalent designation in the applicable urban area comprehensive plan and are provided with urban services. They should be located near the perimeter of lower density residential areas. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 3.00.]

The following uses, when developed under the applicable development standards in this title, are permitted in the RL zone:

A. Detached single-family dwelling* on a lot.

B. Child care home* for 12 or fewer children.

C. Child foster home*.

D. Duplex*, multiple-family dwelling*.

E. Combination of permitted attached or detached dwellings on a lot.

F. Utility* substation.

G. The following uses subject to the special standards in Chapter 16.26 MCC:

1. Two-family shared housing (see MCC 16.26.040).

2. Zero side yard dwelling units* (see MCC 16.26.080).

3. Home occupations, limited* (see MCC 16.26.200).

4. Residential facility* (see MCC 16.26.240).

5. Residential sales offices (see MCC 16.26.300).

6. Public golf course, SIC 7992 (see MCC 16.26.320).

7. Boat and RV storage area (see MCC 16.26.340).

8. Religious organizations* (see MCC 16.26.600).

9. Planned developments (see MCC 16.26.800).

10. Mobile home parks (see MCC 16.26.901).

11. Elementary and secondary schools, SIC 8211 (see MCC 16.26.620).

12. Recreational vehicle park within a mobile home park (see MCC 16.26.904).

13. Manufactured home on a lot in the Salem urban growth boundary (see MCC 16.26.030).

H. Signs subject to Chapter 16.31 MCC.

I. Accessory, secondary, and temporary uses permitted in MCC 16.25.200 and 16.25.300. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 894 § 4, 1991; Ord. 882 § 4, 1990; Ord. 863 § 5, 1990. UZ Ord. § 3.01.]

The following uses may be permitted subject to obtaining a conditional use permit:

A. Child care facility* (see MCC 16.26.220).

B. Rooming and boarding houses*.

C. Public parks and playgrounds.

D. Public buildings and structures such as libraries, fire stations and public utilities*.

E. Civic, social and fraternal organizations, SIC 864.

F. Nursing care facility* (see MCC 16.26.240).

G. Individual and family social services, SIC 8322.

H. Membership recreation club, SIC 7997 (see MCC 16.26.320).

I. Home occupations, conditional* subject to MCC 16.32.400. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 3.02.]

Within an RL zone no building, structure, vehicle or land shall be used, erected, structurally altered, or enlarged for any use not permitted under MCC 16.03.010 and 16.03.020. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 3.03.]

The standards and regulations in this chapter and the additional standards and regulations referenced in Chapter 16.24 MCC and Chapters 16.26 through 16.34 MCC apply to all lots, structures and uses unless indicated otherwise. No structure or use shall be approved until all requirements in this chapter have been satisfied.

The provisions of this chapter are complementary and supplementary to other provisions of this title. In the event of a conflict between a provision of this chapter and a more restrictive provision of this title applicable to a particular lot, structure or use, the more restrictive provision shall apply. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 3.10.]

Within an RL zone:

A. Structures shall not exceed 35 feet in height except as provided for in subsections (B) and (C) of this section.

B. Structures for public and semi-public* uses: 70 feet, provided required setbacks shall be increased one foot for every foot the structure height exceeds 35 feet.

C. Structures exempt from height requirements identified in MCC 16.27.160 and structures with specified height requirements identified in Chapter 16.28 MCC are not subject to subsections (A) and (B) of this section; however, required setbacks for structures identified in MCC 16.27.160 shall be increased one foot for every foot the structure height exceeds 35 feet. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 3.11.]

Within an RL zone:

A. Lot Area, Single-Family Dwellings, Mobile Homes or Duplexes. Except as provided in MCC 16.26.800 for planned developments, the lot area for an unattached single-family dwelling shall be at least 4,000 square feet. The lot area for a single-family dwelling attached on one side is 3,500 square feet, and for a single-family dwelling attached on both sides, the lot area shall be at least 3,000 square feet. Duplexes shall occupy lots of at least 6,000 square feet. (See Chapter 16.27 MCC for density limitations.)

B. Lot Area, Multiple-Family Dwellings. The minimum lot area for multiple-family dwellings shall be at least 6,000 square feet. (See Chapter 16.27 MCC for density limitations.)

C. Lot Area, Other Uses. At least 6,000 square feet.

D. Lot Dimensions. The width of a lot shall be at least 40 feet, and the depth of a lot shall be at least 70 feet except as provided in MCC 16.26.800 for planned developments. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 3.12.]

Within an RL zone:

A. Along the full extent of each front lot line, lot line abutting a street right-of-way line there shall be a required yard 12 feet in depth; provided, however, that garages or carports having a vehicle entrance facing a street right-of-way shall be set back at least 20 feet from the street right-of-way line.

B. Notwithstanding the provisions of subsection (A) of this section, there shall be a required yard of 20 feet from the right-of-way of a designated arterial or collector street.

C. Setbacks for accessory structures shall be as provided in Chapter 16.28 MCC.

D. Yards for planned developments and mobile home parks shall be as provided in Chapter 16.26 MCC.

E. Special setbacks, in addition to those in this section, are established in MCC 16.27.210. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 3.13.]

Within an RL zone the following side yards shall be provided:

A. Five feet, except 20 feet for any portion of a building greater than 15 feet in height, other than a single-family dwelling, when the side lot line abuts an RS zone. Side yards of zero feet on one side or both sides are permitted for zero side yard dwellings (see MCC 16.26.080) when the lot abutting the zero setback is in the same ownership at the time the dwelling is established and the dwelling does not encroach into any easements. Where a zero setback is provided the setback on the abutting lot shall be either zero feet or at least 10 feet.

B. Setbacks for accessory structures shall be as provided in Chapter 16.28 MCC.

C. Yards for planned developments and mobile home parks shall be as provided in Chapter 16.26 MCC. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 933 § 4, 1992; Ord. 863 § 5, 1990. UZ Ord. § 3.14.]

Within an RL zone the following rear yards shall be provided:

A. Five feet, except 20 feet for any portion of a building greater than 15 feet in height, other than a single-family dwelling, when the rear lot line abuts an RS zone.

B. Setbacks for accessory structures shall be as provided in Chapter 16.28 MCC.

C. Yards for planned developments and mobile home parks shall be as provided in Chapter 16.26 MCC. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 933 § 5, 1992; Ord. 863 § 5, 1990. UZ Ord. § 3.15.]

Within an RL zone:

A. All portions of required yards lying between a street and the dwelling or between the street and any sight-obscuring fence, wall or hedge located within the required yard shall be landscaped.

B. All required landscaped areas shall be landscaped as provided in Chapter 16.29 MCC.

C. In addition to landscaped areas required under subsection (A) of this section, playgrounds with play equipment or irrigated grass playfields, at least 400 square feet in area each, shall be provided whenever eight or more dwelling units with two or more bedrooms are located on a lot. Fifty square feet of playground or playfield shall be provided for each two or more bedroom dwelling unit. The average length of a playground or playfield shall not be more than twice the average width. At least one area shall be a playfield. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 3.20.]

Additional use and development standards may be found in the following chapters:

[Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 3.30.]

The RM (multiple-family residential) zone is primarily intended to provide for multiple-family dwellings on a lot, or attached dwellings on separate lots, at residential densities greater than permitted in the RL zone. Other uses compatible with residential development are also appropriate. RM zones are located in areas designated as multiple-family residential or an equivalent designation in the applicable urban area comprehensive plan and are provided with urban services. They are suited to locations near commercial office and retail zones and along collector and arterial streets. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 4.00.]

The following uses, when developed under the applicable development standards in this title, are permitted in the RM zone:

A. Duplex*, multiple-family dwelling*.

B. Combination of permitted attached or detached dwellings on a lot.

C. Utility* substation.

D. Child care home* for 12 or fewer children.

E. Child foster home*.

F. Residential facility*.

G. The following uses subject to the special standards in Chapter 16.26 MCC:

1. Two-family shared housing (see MCC 16.26.040).

2. Zero side yard dwelling units* (see MCC 16.26.080).

3. Home occupations, limited* (see MCC 16.26.200).

4. Child care facility* (see MCC 16.26.220).

5. Nursing care facility* (see MCC 16.26.240).

6. Bed and breakfast establishments (see MCC 16.26.260).

7. Residential sales offices (see MCC 16.26.300).

8. Public golf course, SIC 7992 (see MCC 16.26.320).

9. Boat and RV storage area (see MCC 16.26.340).

10. Mixed use buildings (see MCC 16.26.460).

11. Religious organizations* (see MCC 16.26.600).

12. Elementary and secondary schools, SIC 8211 (see MCC 16.26.620).

13. Planned developments (see MCC 16.26.800).

14. Mobile home parks (see MCC 16.26.901).

15. Recreational vehicle park within a mobile home park (see MCC 16.26.904).

H. Signs subject to Chapter 16.31 MCC.

I. Accessory, secondary, and temporary uses permitted in MCC 16.25.200 and 16.25.300. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 894 § 4, 1991; Ord. 882 § 4, 1990; Ord. 863 § 5, 1990. UZ Ord. § 4.01.]

The following uses may be permitted subject to obtaining a conditional use permit:

A. Rooming and boarding houses* or lodging rooms*.

B. Beauty shops, barber shops, parking lot, SIC 7521, when adjacent to a commercial zone.

C. Public parks and playgrounds.

D. Public buildings and structures such as libraries, fire stations and public utility facilities*.

E. Civic, social and fraternal organizations, SIC 864.

F. Individual and family social services, SIC 8322.

G. Membership recreation club, SIC 7997 (see MCC 16.26.320).

H. Home occupations, conditional* subject to MCC 16.32.400. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 4.02.]

Within an RM zone no building, structure, vehicle or land shall be used, erected, structurally altered, or enlarged for any use not permitted under MCC 16.04.010 and 16.04.020. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 4.03.]

The standards and regulations in this chapter and the additional standards and regulations referenced in Chapter 16.24 MCC and Chapters 16.26 through 16.34 MCC apply to all lots, structures and uses unless indicated otherwise. No structure or use shall be approved until all requirements in this chapter have been satisfied.

The provisions of this chapter are complementary and supplementary to other provisions of this title. In the event of a conflict between a provision of this chapter and a more restrictive provision of this title applicable to a particular lot, structure or use, the more restrictive provision shall apply. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 4.10.]

Within an RM zone:

A. Structures shall not exceed 35 feet in height except as provided for in subsections (B) and (C) of this section.

B. Structures for public and semi-public* uses: 70 feet, provided required setbacks shall be increased one foot for every foot the structure height exceeds 35 feet.

C. Structures exempt from height requirements identified in MCC 16.27.160 and structures with specified height requirements identified in Chapter 16.28 MCC are exempt from subsections (A) and (B) of this section; however, required setbacks for structures identified in MCC 16.27.160 shall be increased one foot for every foot the structure height exceeds 35 feet. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 4.11.]

Within an RM zone:

A. Lot Area, Multifamily Dwellings and Other Uses. At least 6,000 square feet. (See Chapter 16.27 MCC for density limitations.)

B. Lot Dimensions. The width of a lot shall be at least 40 feet, and the depth of a lot shall be at least 70 feet except as provided in MCC 16.26.800 for planned developments. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 4.12.]

Within an RM zone:

A. For dwellings, along the full extent of each front lot line, lot line abutting a street right-of-way line, there shall be a required yard 12 feet in depth; provided, however, that garages or carports having a vehicle entrance facing a street shall be set back at least 20 feet from the street right-of-way line.

B. For other uses, along the full extent of each front lot line, lot line abutting a street right-of-way line, there shall be a required yard one foot in depth for each one and one-half feet of building height, but in no event less than 12 nor more than 20 feet in depth.

C. Notwithstanding the provisions of subsections (A) and (B) of this section, there shall be a required yard of 20 feet from the right-of-way of a designated arterial or collector street.

D. Setbacks for accessory structures shall be as provided in Chapter 16.28 MCC.

E. Yards for planned developments and mobile home parks shall be as provided in Chapter 16.26 MCC.

F. Special setbacks, in addition to those in this section, are established in MCC 16.27.200. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 4.13.]

Within an RM zone the following side yards shall be provided:

A. Five feet, except 20 feet for any portion of a building greater than 15 feet in height, when the side lot line abuts an RS zone. Side yards of zero feet on one side or both sides are permitted for zero side yard dwellings (see MCC 16.26.080) when the lot abutting the zero setback is in the same ownership at the time the dwelling is established and the dwelling does not encroach into any easements. Where a zero setback is provided, the setback on the abutting lot shall be either zero feet or at least 10 feet.

B. Setbacks for accessory structures shall be as provided in Chapter 16.28 MCC.

C. Yards for planned developments and mobile home parks shall be as provided in Chapter 16.26 MCC. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 933 § 6, 1992; Ord. 863 § 5, 1990. UZ Ord. § 4.14.]

Within an RM zone the following rear yards shall be provided:

A. Five feet, except 20 feet for any portion of a building greater than 15 feet in height, when the rear lot line abuts an RS zone.

B. Yards for planned developments and mobile home parks shall be as provided in Chapter 16.26 MCC.

C. Setbacks for accessory structures shall be as provided in Chapter 16.28 MCC. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 933 § 7, 1992; Ord. 863 § 5, 1990. UZ Ord. § 4.15.]

Within an RM zone:

A. All portions of required yards lying between a street and the dwelling or between the street and any sight-obscuring fence, wall or hedge located within the required yard shall be landscaped.

B. All areas required to be landscaped under subsection (A) of this section shall be landscaped as provided in Chapter 16.29 MCC.

C. In addition to landscaped areas required under subsection (A) of this section, playgrounds with play equipment or irrigated grass playfields, at least 400 square feet in area each, shall be provided whenever eight or more dwelling units with two or more bedrooms are located on a lot. Fifty square feet of playground or playfield shall be provided for each two or more bedroom dwelling unit. The average length of a playground or playfield shall not be more than twice the average width. At least one area shall be a playfield. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 4.20.]

Within an RM zone open outdoor storage of materials or equipment shall be screened from view from the street and adjacent properties by a sight-obscuring fence, wall or hedge. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 4.25.]

Additional use and development standards may be found in the following chapters:

[Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 4.30.]

The purpose of the CO (commercial office) zone is to provide areas suitable for professional and general commercial offices, membership organizations, similar low intensity, nonretail commercial services and medium density residential accommodations. The commercial office zone is appropriate in those areas designated commercial in the applicable urban area comprehensive plan and as a transition between residential and more intensive commercial areas. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 5.00.]

A. The following uses, when developed under the applicable development standards in this title, are permitted in the CO zone:

1. One dwelling unit* or lodging room* in conjunction with a commercial use.

2. Duplex*, multiple-family dwellings*.

3. Travel agency, SIC 4724.

4. Telephone/telegraph communication and radio and television broadcasting, cable television services, SIC 481, 482, 483, 484 except transmission towers*.

5. News dealers and newsstands, SIC 5994.

6. Finance, insurance and real estate, SIC 60, 61, 62, 63, 64, 65, 66, 67.

7. Rooming and boarding houses*, SIC 702.

8. Organization hotels and lodging houses on membership basis, SIC 704.

9. Landscape counseling and planning, SIC 0781.

10. Photography studios, beauty and barber shops, SIC 722, 723, 724.

11. Consumer credit reporting agencies, mercantile reporting agencies and adjustment and collection agencies, SIC 732.

12. Direct mail advertising services, SIC 7331.

13. Photocopying and duplicating services, SIC 7334.

14. Secretarial and court reporting services, SIC 7338.

15. Personnel supply services, SIC 736.

16. Computer programming, data processing, and other computer-related services, SIC 737.

17. Miscellaneous business services, SIC 738 except SIC 7384, photo-finishing laboratories, and SIC 7389, business services not already classified.

18. Health services, SIC 80, except SIC 806, hospitals, and SIC 805, nursing and personal care facilities.

19. Legal services, SIC 81.

20. Elementary and secondary schools, SIC 8211.

21. Vocational schools, SIC 824.

22. Schools and educational services not elsewhere classified, SIC 829.

23. Individual and family services, SIC 832.

24. Social services not elsewhere classified, SIC 839.

25. Engineering, accounting, research management, and related services, SIC 87.

26. Executive offices, SIC 911.

27. Executive and legislative combined, SIC 913.

28. Legal counsel and prosecution, SIC 9222.

29. Finance, taxation, and monetary policy, SIC 93.

30. Administration of human resources programs, SIC 94.

31. Administration of environmental quality and housing programs, SIC 95.

32. Administration of economic programs, SIC 96.

33. National security and international affairs, SIC 97.

34. Public parks and playgrounds.

35. Public buildings and structures such as libraries, fire stations and public utilities*.

36. Residential facility*.

37. Child care home* or facility*.

38. Child foster home*.

39. The following uses subject to the special standards in Chapter 16.26 MCC:

a. Funeral service and crematories, SIC 726 (see MCC 16.26.440).

b. Zero side yard dwellings* (see MCC 16.26.080).

c. Public golf course, SIC 7992, and membership recreation clubs, SIC 7997 (see MCC 16.26.320).

d. Nursing care facility* (see MCC 16.26.240).

e. Bed and breakfast establishments (see MCC 16.26.260).

f. Veterinary services, SIC 074 (see MCC 16.26.420).

g. Mixed use buildings (see MCC 16.26.460).

h. Religious organizations* and membership organizations, SIC 86 (see MCC 16.26.600).

i. Eating places, SIC 5812, except mobile food vendors.

j. Automotive parking, SIC 7521 (see MCC 16.26.580).

k. Mobile food vendor* (see MCC 16.26.570).

40. Uses permitted in Chapter 16.25 MCC.

41. Signs subject to Chapter 16.31 MCC. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 882 § 4, 1990; Ord. 863 § 5, 1990. UZ Ord. § 5.01.]

Within a CO zone no building, structure, vehicle or land shall be used, erected, structurally altered, or enlarged for any use not permitted under MCC 16.05.010. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 5.03.]

The standards and regulations in this chapter and the additional standards and regulations referenced in Chapter 16.24 MCC and Chapters 16.26 through 16.34 MCC apply to all lots, structures and uses unless indicated otherwise. No structure or use shall be approved until all requirements in this chapter have been satisfied.

The provisions of this chapter are complementary and supplementary to other provisions of this title. In the event of a conflict between a provision of this chapter and a more restrictive provision of this title applicable to a particular lot, structure or use, the more restrictive provision shall apply. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 5.10.]

Within a CO zone:

A. Single-family and duplex structures shall not exceed 35 feet in height.

B. All buildings with three or more dwelling units or guest rooms shall not exceed 50 feet in height.

C. All other buildings and structures: 70 feet, provided required setbacks shall be increased one foot for every foot the structure height exceeds 35 feet.

D. Structures exempt from these height requirements are identified in MCC 16.27.160 and structures with specified height requirements are identified in Chapter 16.28 MCC. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 5.11.]

Within a CO zone:

A. Lot Area, Duplexes. Duplexes shall occupy lots of at least 6,000 square feet. (See Chapter 16.27 MCC for density limitations.)

B. Lot Area, Multifamily Dwellings. All multiple-family uses shall occupy lots of at least 6,000 square feet. One dwelling unit per 1,500 square feet of net lot area is allowed. (See Chapter 16.27 MCC for density limitations.)

C. Lot Area, Other Uses. All other uses shall occupy lots of at least 6,000 square feet.

D. Lot Dimensions. The lot width shall be at least 40 feet, and the lot depth shall be at least 70 feet. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 5.12.]

Within a CO zone:

A. Along the full extent of each front lot line, lot line abutting a street right-of-way, there shall be a required yard 12 feet in depth; provided, however, that garages or carports having a vehicle entrance facing a street shall be set back at least 20 feet from the street right-of-way line.

B. Notwithstanding the provisions of subsection (A) of this section, there shall be a required yard of 20 feet from the right-of-way of a designated arterial or collector street.

C. Setbacks for accessory structures shall be the same as for main buildings except for accessory structures serving dwellings which are subject to the requirements of Chapter 16.27 MCC.

D. Special setbacks, in addition to those in this section, are established in MCC 16.27.200. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 5.13.]

Within a CO zone the following yards shall be provided:

A. Five feet for any portion of a building not more than 15 feet in height.

B. Ten feet for any portion of a building over 15 feet in height.

C. For zero side yard dwellings see MCC 16.26.080.

D. Notwithstanding the provisions of subsections (A) and (B) of this section, where a rear lot line is the boundary of an alley, a building or structure may be built with walls on the property line.

E. Setbacks for accessory structures shall be the same as for primary buildings under this section, except that setbacks for accessory structures serving dwelling units shall be as provided in Chapter 16.27 MCC. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 5.14.]

Within a CO zone:

A. All portions of required yards lying between a street and the structure or between the street and any sight-obscuring fence, wall or hedge located within the required yard shall be landscaped.

B. Landscaping shall be provided in any yard abutting a residential zone and in any required interior or side yard.

C. A landscaped area at least five feet wide shall be provided between any parking or loading spaces or driveway, and a lot in a residential zone, or a street.

D. All required landscape areas shall be landscaped as provided in Chapter 16.29 MCC. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 5.20.]

Within a CO zone outdoor storage of materials and equipment is prohibited except in conjunction with residential uses where the storage shall be screened from view from the street and adjacent properties by a sight-obscuring fence, wall or hedge. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 5.25.]

Additional use and development standards may be found in the following chapters:

[Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 5.30.]

The purpose of the CR (commercial retail) zone is to provide areas suitable for professional and general commercial offices, retail sales within a building, eating and drinking places, commercial accommodations and commercial services. The commercial retail zone is appropriate in those areas designated commercial in the applicable urban area comprehensive plan and where the location has access to a collector or arterial street. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 6.00.]

A. The following uses, when developed under the applicable development standards in this title, are permitted in the CR zone:

1. Dwelling units* or lodging rooms* in conjunction with a commercial use.

2. Offices for any use listed in SIC Division C – Construction.

3. Commercial printing, SIC 275.

4. Post offices, SIC 43.

5. Travel agency, SIC 4724.

6. Communications, SIC 48, except transmission towers*.

7. Building materials, hardware, retail nurseries and garden supply, SIC 52, except SIC 527, mobile home dealers.

8. General merchandise stores, SIC 53.

9. Food stores, SIC 54.

10. Auto and home supply stores, SIC 553.

11. Apparel and accessory stores, SIC 56.

12. House furniture, furnishings and equipment stores, SIC 57.

13. Eating and drinking places except mobile food vendors, SIC 58.

14. Miscellaneous retail, SIC 59, except SIC 598, fuel dealers, provided all display is within a building.

15. Finance, insurance and real estate, SIC 60, 61, 63, 64, 65, 66 and 67.

16. Hotels, rooming houses*, and other lodging places, SIC 70 except campgrounds* and recreational vehicle parks*.

17. Public utility*.

18. Personal services, SIC 72, except SIC 7217, carpet and upholstery cleaning, and SIC 7218, industrial launderers.

19. Business services, SIC 73, except SIC 7342, disinfecting and pest control services, and SIC 7353, heavy construction equipment rental.

20. Signs subject to Chapter 16.31 MCC.

21. Watch, clock and jewelry repair, SIC 763.

22. Landscape counseling and planning, SIC 0781.

23. Motion picture distribution and allied services, SIC 782.

24. Motion picture theaters, SIC 783, except SIC 7838, drive-in.

25. Video tape rental, SIC 784.

26. Dance studios, schools, and halls, SIC 791.

27. Theatrical producers (except motion pictures), bands, orchestras and entertainers, SIC 792.

28. Bowling centers, SIC 793.

29. Miscellaneous amusement and recreation services, SIC 799, except SIC 7992, golf courses, and SIC 7996, amusement parks.

30. Health services, SIC 80, except SIC 806, hospitals.

31. Ambulance service.

32. Legal services, SIC 81.

33. Educational service, SIC 82.

34. Social services, SIC 83, including nursing care facility*.

35. Museums, art galleries, botanical and zoological gardens, SIC 84.

36. Membership organizations, SIC 86.

37. Engineering, accounting, research management, and related services, SIC 87.

38. Miscellaneous services, SIC 89.

39. Executive offices, SIC 911.

40. Executive and legislative combined, SIC 913.

41. Finance, taxation, and monetary policy, SIC 93.

42. Administration of human resources programs, SIC 94.

43. Administration of environmental quality and housing programs, SIC 95.

44. Administration of economic programs, SIC 96.

45. National security and international affairs, SIC 97.

46. Public buildings and structures such as fire stations and public utility facilities*.

47. Uses permitted in Chapter 16.25 MCC.

48. The following uses subject to the special standards in Chapter 16.26 MCC:

a. Gasoline service stations, SIC 554 (see MCC 16.26.520).

b. Used merchandise store (see MCC 16.26.480) provided all display is within a building.

c. Religious organizations* and membership organizations, SIC 86 (see MCC 16.26.600).

d. Veterinary services, SIC 074 (see MCC 16.26.420).

e. Recreational vehicle parks* (see MCC 16.26.400).

f. Bed and breakfast establishments (see MCC 16.26.260).

g. Mixed use buildings (see MCC 16.26.460).

h. Automobile dealers, SIC 55, except SIC 553, 554 (see MCC 16.26.580).

i. Automotive parking, SIC 7521 (see MCC 16.26.580).

j. Mobile food vendor* (see MCC 16.26.570).

49. In the city of Lyons urban growth boundary, on a lot or parcel that existed on January 23, 2019, a single-family residence. [Ord. 1397 § 4 (Exh. B), 2019; Ord. 1369 § 4 (Exh. B), 2016; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 6.01.]

A. The following uses may be permitted subject to obtaining a conditional use permit:

1. Manufacture of jewelry, silverware and plated ware, SIC 391.

2. Manufacture of costume jewelry, novelties, buttons, etc., SIC 396.

3. Local and suburban passenger transportation, SIC 411.

4. Intercity and rural highway passenger transportation within 2,000 feet from the center point of an I-5 interchange and having direct access onto a major arterial, SIC 413.

5. Transmission towers*.

6. Carpet and upholstery cleaning, SIC 7217.

7. Automotive rental and leasing, without drivers, SIC 751 (see MCC 16.26.580).

8. Automotive repair shops, SIC 753 (see MCC 16.26.580).

9. Automotive services, except repair, SIC 754 (see MCC 16.26.580).

10. Electrical repair shops, SIC 762.

11. Reupholstery and furniture repair, SIC 764.

12. Professional sports clubs and promoters, SIC 7941.

13. Utilities* – secondary truck parking and material storage yard.

14. Medical marijuana dispensary* subject to Chapter 16.32 MCC. [Ord. 1372 § 4 (Exh. A), 2016; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 6.02.]

Within a CR zone no building, structure, vehicle or land shall be used, erected, structurally altered, or enlarged for any use not permitted under MCC 16.06.010 and 16.06.020. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 6.03.]

The standards and regulations in this chapter and the additional standards and regulations referenced in Chapter 16.24 MCC and Chapters 16.26 through 16.34 MCC apply to all lots, structures and uses unless indicated otherwise. No structure or use shall be approved until all requirements in this chapter have been satisfied.

The provisions of this chapter are complementary and supplementary to other provisions of this title. In the event of a conflict between a provision of this chapter and a more restrictive provision of this title applicable to a particular lot, structure or use, the more restrictive provision shall apply. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 6.10.]

Within a CR zone buildings and structures erected, altered, or enlarged shall not exceed 50 feet in height; provided, the portion of any nonresidential structure within 20 feet of a side or rear lot line that abuts on a lot in a residential zone shall not project above a plane 12 feet high at the abutting lot line and increasing one foot for each foot of distance from the lot line. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 6.11.]

Within a CR zone there are no minimum lot area or dimension requirements. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 6.12.]

Within a CR zone:

A. Along the full extent of each lot line abutting a street there shall be a required yard five feet in depth.

B. Yards for accessory structures except fences shall be the same as for primary buildings. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 6.13.]

Within a CR zone the following yards shall be provided:

A. Adjacent to a side or rear lot line abutting a lot in any residential zone, there shall be a required side or rear yard three feet in depth along the full extent of the side or rear lot line.

B. Except as provided in subsection (A) of this section, no interior rear or side yards are required; but any space between a building and another structure, other than a fence, shall be not less than three feet in depth exclusive of any alley area.

C. Yard requirements for accessory buildings and structures except fences shall be the same as for main buildings. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 6.14.]

Within a CR zone:

A. Landscaping shall be provided in any yard abutting a residential zone and in any required front or side yard. Such yard shall be contained by a sight-obscuring fence, wall or hedge at least six feet high.

B. A landscaped area at least three feet wide shall be provided between any parking or loading spaces or driveway, and a lot in a residential zone or a street.

C. All outdoor areas used in conjunction with the development or use that are not landscaped shall be paved and drainage provided in accordance with Marion County department of public works standards.

D. All required landscape areas shall be landscaped as provided in Chapter 16.29 MCC. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 6.20.]

Any nonresidential development established after the adoption of this title abutting a residential, UD or UT zone shall meet the following requirements:

A. Outdoor storage facilities shall be screened by a sight-obscuring fence, wall or hedge from view of the public road and from adjacent residential property.

B. Exterior lighting shall be designed to illuminate the site and be directed away from public streets and residential properties.

C. Roof equipment shall be screened from view of nearby residential property.

D. Special setback and height standards in MCC 16.06.110 and 16.06.140(A). [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 6.25.]

Additional use and development standards may be found in the following chapters:

[Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 6.30.]

The purpose of the CG (commercial general) zone is to provide areas suitable for warehousing, wholesale commercial sales and services with related outdoor storage or retail sales. The commercial general zone is appropriate in those areas designated commercial in the applicable urban area comprehensive plan where the location has access to an arterial street or highway for transport of bulk materials and where impacts associated with permitted uses will not create significant adverse impacts on local streets or residential zones. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 7.00.]

A. The following uses, when developed under the applicable development standards in this title, are permitted in the CG zone:

1. One dwelling unit* or lodging room* in conjunction with a commercial use.

2. Landscape and horticultural, SIC 078.

3. Construction contractor’s offices and related outdoor storage, SIC 15, 16, 17.

4. Printing and SIC 27.

5. Transportation, communication, electric, gas and sanitary services, SIC 40, 41, 42, 43, 44, 45, 47.

6. Communication, SIC 48.

7. Wholesale trade, SIC 50 and 51, except scrap and waste materials* (SIC 5093), livestock (SIC 5154) and chemicals and allied products (SIC 516).

8. Building materials, hardware, retail nursery and garden supply and mobile home dealers, SIC 52.

9. General merchandise stores, SIC 53.

10. Food stores, SIC 54.

11. Auto and home supply stores, SIC 553.

12. Apparel and accessories stores, SIC 56.

13. Home furniture, furnishings and equipment stores, SIC 57.

14. Eating and drinking places, SIC 58, except mobile food vendors.

15. Miscellaneous retail, SIC 59.

16. Finance, insurance and real estate, SIC 60, 61, 62, 63, 64, 65, 66, 67.

17. Hotels and motels, SIC 701.

18. Personal services, SIC 72.

19. Business services, SIC 73.

20. Miscellaneous repair services, SIC 76.

21. Amusement and recreation service, SIC 79, except racing (SIC 7948).

22. Motion pictures, SIC 78.

23. Health services, SIC 80, including nursing care facilities, except hospitals (SIC 806).

24. Legal services, SIC 81.

25. Educational services, SIC 82.

26. Social services, SIC 83.

27. Museums, art galleries, botanical and zoological gardens, SIC 84.

28. Amusement and recreation services, SIC 79.

29. General government, not elsewhere classified, SIC 919.

30. Fire protection, SIC 9224.

31. Administration of economic programs, SIC 96.

32. National security and international affairs, SIC 97.

33. Public utilities* including truck parking and material storage yard.

34. Recycling depots*.

35. Pet* stores.

36. Auctions.

37. Uses permitted in Chapter 16.25 MCC.

38. Signs subject to Chapter 16.31 MCC.

39. Ambulance service.

40. The following uses subject to the special standards in Chapter 16.26 MCC:

a. Veterinary services, SIC 074 (see MCC 16.26.420).

b. Gasoline service station, SIC 554 (see MCC 16.26.520).

c. Automotive dealers, SIC 55, except gasoline service stations (SIC 554) (see MCC 16.26.580).

d. Automotive repair services and parking, SIC 75 (see MCC 16.26.580).

e. Used merchandise store (see MCC 16.26.480).

f. Religious organization* and membership organization, SIC 86 (see MCC 16.26.600).

g. Mobile food vendors* (see MCC 16.26.570). [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 7.01.]

A. The following use may be permitted subject to obtaining a conditional use permit:

1. Medical marijuana dispensary* subject to Chapter 16.32 MCC. [Ord. 1372 § 4 (Exh. A), 2016.]

Within a CG zone no building, structure, vehicle or land shall be used, erected, structurally altered, or enlarged for any use not permitted under MCC 16.07.010. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 7.03.]

The standards and regulations in this chapter and the additional standards and regulations referenced in Chapter 16.24 MCC and Chapters 16.26 through 16.34 MCC apply to all lots, structures and uses unless indicated otherwise. No structure or use shall be approved until all requirements in this chapter have been satisfied. The provisions of this chapter are complementary and supplementary to other provisions of this title. In the event of a conflict between a provision of this chapter and a more restrictive provision of this title applicable to a particular lot, structure or use, the more restrictive provision shall apply. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 7.10.]

Within a CG zone buildings and structures erected, altered, or enlarged shall not exceed 70 feet in height; provided, the portion of any nonresidential structure within 20 feet of a side or rear lot line that abuts on a lot in a residential zone shall not project above a plane 12 feet high at the abutting lot line and increasing one foot for each foot of distance from the lot line. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 7.11.]

Within a CG zone there are no minimum lot area or dimension requirements. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 7.12.]

Within a CG zone:

A. Along the full extent of each lot line abutting a street, there shall be a required yard five feet in depth.

B. Yards for accessory structures except fences shall be the same as for primary buildings. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 7.13.]

Within a CG zone the following yards shall be provided:

A. Contiguous to a side or rear lot line abutting a lot in any residential zone there shall be a required side or rear yard three feet in depth along the full extent of the side or rear lot line. Such yard shall be contained by a sight-obscuring fence, wall or hedge.

B. Except as provided in subsection (A) of this section, no interior rear or side yards are required; but any space between a building and another structure, other than a fence, shall be not less than three feet in depth exclusive of any alley area.

C. Setbacks for accessory buildings and structures except fences shall be the same as for primary buildings. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 7.14.]

Within a CG zone:

A. Landscaping shall be provided in any yard abutting a residential zone and in any required front or side yard.

B. A landscaped area at least three feet wide shall be provided between any parking or loading spaces or driveway, and a lot in a residential zone or a street.

C. All outdoor areas used in conjunction with the development or use that are not landscaped shall be paved and drainage provided in accordance with the Marion County department of public works standards.

D. All required landscape areas shall be landscaped as provided in Chapter 16.29 MCC. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 7.20.]

Any nonresidential development proposed within 100 feet of a residentially designated zone in the applicable city comprehensive plan, UD or UT zone shall meet the following requirements:

A. Outdoor storage facilities shall be screened from view of the public road and from adjacent residential property.

B. Exterior lighting shall be designed to illuminate the site and be directed away from public streets and residential properties.

C. Roof equipment shall be screened from view of nearby residential property.

D. Special setback and height standards in MCC 16.07.110 and 16.07.140(A). [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 7.25.]

Additional use and development standards may be found in the following chapters:

[Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 7.30.]

The purpose of the HC (highway commercial) zone is to provide areas suitable for services dependent on a location near a highway intersection or interchange and primarily serving residents of urban areas or the traveling public. The HC (highway commercial) zone is appropriate on lands designated commercial or similar designation in the applicable city comprehensive plan and near an intersection with a state highway or a freeway interchange where permitted uses will not create significant adverse impacts on local streets or residential zones. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 8.00.]

The following uses, when developed under the applicable development standards in this title, are permitted in the HC zone:

A. One dwelling unit* or lodging room* in conjunction with a commercial use.

B. Transit and highway passenger transportation, SIC 41.

C. Trucking, except local, SIC 4213.

D. Terminal facilities for motor freight transportation, SIC 4231.

E. United States Postal Service, SIC 43.

F. Radio, telephone communications, SIC 4812.

G. Eating and drinking places, SIC 58.

H. Novelty, souvenir shops, SIC 5947.

I. Automatic merchandising, machine operators, SIC 5962.

J. Hotels and motels, SIC 7011.

K. Utility trailer and recreational vehicle* rental, SIC 7519.

L. The following uses subject to the special standards in Chapter 16.26 MCC:

1. Automotive dealers, SIC 55, except SIC 553, 554 (see MCC 16.26.580).

2. Gasoline service station, SIC 554 (see MCC 16.26.520).

3. Recreational vehicle parks*, SIC 7033 (see MCC 16.26.400).

4. Religious organization* (see MCC 16.26.600).

5. Automotive parking, SIC 7521 (see MCC 16.26.580).

6. Automotive repair shops, except top, body, and upholstery repair and paint shops, SIC 7532 (see MCC 16.26.580).

7. Automotive services, except repair, SIC 754 (see MCC 16.26.580).

8. Mobile food vendors* (see MCC 16.26.570).

M. Food stores (SIC 54) in conjunction with a gasoline service station.

N. Signs subject to Chapter 16.31 MCC.

O. Uses permitted in Chapter 16.25 MCC. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 8.01.]

The following uses may be permitted subject to obtaining a conditional use permit:

A. Mobile home dealers, SIC 527.

B. Food stores, SIC 54. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 8.02.]

Within an HC zone no building, structure, vehicle or land shall be used, erected, structurally altered, or enlarged for any use not permitted under MCC 16.08.010 and 16.08.020. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 8.03.]

The standards and regulations in this chapter and the additional standards and regulations referenced in Chapter 16.24 MCC and Chapters 16.26 through 16.34 MCC apply to all lots, structures and uses unless indicated otherwise. No structure or use shall be approved until all requirements in this chapter have been satisfied.

The provisions of this chapter are complementary and supplementary to other provisions of this title. In the event of a conflict between a provision of this chapter and a more restrictive provision of this title applicable to a particular lot, structure or use, the more restrictive provision shall apply. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 8.10.]

Within an HC zone buildings and structures erected, altered, or enlarged shall not exceed 50 feet in height; provided, the portion of any nonresidential structure within 20 feet of a side or rear lot line that abuts on a lot in a residential zone shall not project above a plane 12 feet high at the abutting lot line and increasing one foot for each foot of distance from the lot line. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 8.11.]

Within an HC zone there are no minimum lot area or dimension requirements. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 8.12.]

Within an HC zone:

A. Along the full extent of each lot line abutting a street, there shall be a required yard five feet in depth.

B. Yards for accessory structures except fences shall be the same as for primary buildings. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 8.13.]

Within an HC zone the following yards shall be provided:

A. Contiguous to a side or rear lot line abutting a lot in any residential zone there shall be a required side or rear yard three feet in depth along the full extent of the side or rear lot line. Such yard shall be contained by a sight-obscuring fence, wall or hedge.

B. Except as provided in subsection (A) of this section, no interior rear or side yards are required; but any space between a building and another structure, other than a fence, shall be not less than three feet in depth exclusive of any alley area.

C. Setbacks for accessory buildings and structures except fences shall be the same as for primary buildings. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 8.14.]

Within an HC zone:

A. Landscaping shall be provided in any yard adjacent to a residential zone and in any required front or side yard.

B. A landscaped area at least three feet wide shall be provided between any parking or loading spaces or driveway, and a lot in a residential zone or a street.

C. All outdoor areas used in conjunction with the development or use that are not landscaped shall be paved and drainage provided in accordance with Marion County department of public works standards.

D. All required landscape areas shall be landscaped as provided in Chapter 16.29 MCC. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 8.20.]

Any nonresidential development proposed within 100 feet of a residentially designated zone in the applicable city comprehensive plan, UD, or UT zone shall meet the following requirements:

A. Outdoor storage facilities shall be screened by a sight-obscuring fence, wall or hedge from view of the public road and from adjacent residential property.

B. Exterior lighting shall be designed to illuminate the site and be directed away from public streets and residential properties.

C. Roof equipment shall be screened from view of nearby residential property.

D. Special setback and height standards in MCC 16.08.110 and 16.08.140(A). [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 8.25.]

Additional use and development standards may be found in the following chapters:

[Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 8.30.]

The purpose of the IC (industrial commercial) zone is to provide areas suitable for light industrial uses such as warehousing, wholesale commercial sales and services with related outdoor storage or retail sales. The industrial commercial zone is appropriate in those areas designated industrial in the applicable urban area comprehensive plan where the location has access to a collector, arterial street or highway and permitted uses will not create significant adverse impacts on local streets or residential zones. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 9.00.]

A. The following uses, when developed under the applicable development standards in this title, are permitted in the IC zone:

1. One dwelling unit* or lodging room* in conjunction with a commercial or industrial use.

2. Veterinary services, SIC 074.

3. Farm labor and management services, SIC 076.

4. Landscape and horticultural services, SIC 078.

5. Forestry service, SIC 085.

6. Construction contractor’s offices and related outdoor storage, SIC 15, 16, and 17.

7. Dairy products, SIC 202.

8. Canned and preserved fruits and vegetables, SIC 203.

9. Grain mill products, SIC 204.

10. Bakery products, SIC 205.

11. Candy and other confectionery products, SIC 2065.

12. Chocolate and cocoa products, SIC 2066.

13. Chewing gum, SIC 2067.

14. Beverages, SIC 208.

15. Miscellaneous food preparations and kindred products, SIC 209.

16. Tobacco products, SIC 21.

17. Textile mill products, SIC 22.

18. Apparel and other finished products made from fabrics and similar materials, SIC 23.

19. Wood kitchen cabinets, SIC 2434.

20. Paperboard containers and boxes, SIC 265.

21. Printing, publishing, and allied industries, SIC 27.

22. Leather and leather products, SIC 31, except leather tanning and finishing (SIC 311).

23. Metal cans and shipping containers, SIC 341.

24. Cutlery, hand tools and general hardware, SIC 342.

25. Plumbing and heating, except electric, SIC 343.

26. Computer and office equipment, SIC 357.

27. Electronic and other electrical equipment, and computers, SIC 36, except storage batteries (SIC 3691) and primary batteries, dry and wet (SIC 3692).

28. Motor vehicles and motor vehicle equipment, SIC 371.

29. Aircraft and parts, SIC 372.

30. Measuring, analyzing, and controlling instruments; medical and optical goods; watches and clocks, SIC 38, except photographic equipment and supplies (SIC 386).

31. Signs and advertising specialties, SIC 3993.

32. Transportation, communication, electric, gas and sanitary services, SIC 40, 41, 42, 43, 44, 45, 47, 48, and 49.

33. Wholesale trade, SIC 50, 51, except scrap and waste materials (SIC 5093), livestock (SIC 5154), and chemicals and allied products (SIC 516).

34. Building materials, hardware, garden supply and mobile home dealers, SIC 52.

35. General merchandise stores, SIC 53.

36. Food stores, SIC 54.

37. Automotive dealers, SIC 55.

38. Apparel and accessories stores, SIC 56.

39. Furniture, home furnishings, and equipment stores, SIC 57.

40. Eating and drinking places, SIC 58.

41. Miscellaneous retail, SIC 59.

42. Finance, insurance and real estate, SIC 60, 61, 62, 63, 64, 65, 66, 67.

43. Personal services, SIC 72.

44. Business services, SIC 73.

45. Automotive repair services and parking, SIC 75.

46. Miscellaneous repair services, SIC 76.

47. Motion pictures, SIC 78.

48. Amusement and recreation service, SIC 79, except racing (SIC 7948).

49. Health services, SIC 80, except nursing care facilities (SIC 805) and hospitals (SIC 806).

50. Legal services, SIC 81.

51. Educational services, SIC 82.

52. Social services, SIC 83, except residential care (SIC 836).

53. Museums, art galleries, botanical and zoological gardens, SIC 84.

54. Miscellaneous services, SIC 89.

55. General government, not elsewhere classified, SIC 919.

56. Fire protection, SIC 9224.

57. Administration of economic programs, SIC 96.

58. National security and international affairs, SIC 97.

59. Signs subject to Chapter 16.31 MCC.

60. Uses permitted in Chapter 16.25 MCC.

61. Auctions.

62. Public utilities* – secondary truck parking and material storage yard.

63. Ambulance service.

64. Mobile food vendors subject to MCC 16.26.570. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 9.01.]

A. The following uses may be permitted subject to obtaining a conditional use permit:

1. Animal specialty services, SIC 0752.

2. Crude petroleum and gas extraction, SIC 131.

3. Millwork, SIC 2431.

4. Structural wood members, not elsewhere classified, SIC 2439.

5. Wooden containers, SIC 244.

6. Miscellaneous wood products, SIC 249.

7. Furniture and fixtures, SIC 25.

8. Chemicals and allied products, SIC 28, except miscellaneous chemical products (SIC 289).

9. Rubber and plastics footwear, SIC 302.

10. Fabricated rubber products, not elsewhere classified, SIC 306.

11. Miscellaneous plastics products, SIC 308.

12. Leather tanning and finishing, SIC 311.

13. Enameled iron and metal sanitary ware, SIC 3431.

14. Plumbing fixture fittings and trim (brass goods), SIC 3432.

15. Screw machine products and bolts, nuts, screws, rivets, and washers, SIC 345.

16. Metal forgings and stampings, SIC 346.

17. Electroplating, plating, anodizing, and coloring, SIC 3471.

18. Miscellaneous fabricated metal products, SIC 349.

19. Metalworking machinery and equipment, SIC 354.

20. Woodworking machinery, SIC 3553.

21. Refrigeration and service industry machinery, SIC 358.

22. Ship and boat building and repairing, SIC 373.

23. Jewelry, silverware and plated ware, SIC 391.

24. Costume jewelry, costume novelties, buttons, and miscellaneous notions, except precious metals, SIC 396.

25. Solid waste transfer stations*.

26. Recreational vehicle park* (see MCC 16.26.400).

27. Medical marijuana processor* subject to Chapter 16.32 MCC.

28. Medical marijuana producer* subject to Chapter 16.32 MCC. [Ord. 1372 § 4 (Exh. A), 2016; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 9.02.]

Within an IC zone no building, structure, vehicle or land shall be used, erected, structurally altered, or enlarged for any use not permitted under MCC 16.09.010 and 16.09.020. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 9.03.]

The standards and regulations in this chapter and the additional standards and regulations referenced in Chapter 16.24 MCC and Chapters 16.26 through 16.34 MCC apply to all lots, structures and uses unless indicated otherwise. No structure or use shall be approved until all requirements in this chapter have been satisfied.

The provisions of this chapter are complementary and supplementary to other provisions of this title. In the event of a conflict between a provision of this chapter and a more restrictive provision of this title applicable to a particular lot, structure or use, the more restrictive provision shall apply. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 9.10.]

Within an IC zone buildings and structures erected, altered, or enlarged shall not exceed 70 feet in height; provided, any portion of a nonresidential structure within 20 feet of a side or rear lot line that abuts on a lot in a residential zone shall not project above a plane 12 feet high at the abutting lot line and increasing one foot for each foot of distance from the lot line. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 9.11.]

Within an IC zone there are no minimum lot area or dimension requirements. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 9.12.]

Within an IC zone:

A. Along the full extent of each lot line abutting a street, there shall be a required yard five feet in depth.

B. Yards for accessory structures except fences shall be the same as for primary buildings. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 9.13.]

Within an IC zone the following yards shall be provided:

A. Contiguous to a side or rear lot line abutting a lot in any residential zone a five-foot side or rear yard shall be required. This yard shall be contained by a sight-obscuring fence, wall or hedge.

B. Except as provided in subsection (A) of this section, no interior rear or side yards are required; but any space between a building and another structure, other than a fence, shall be not less than three feet in depth exclusive of any alley area.

C. Yards for accessory buildings and structures except fences shall be the same as for primary buildings. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 9.14.]

Within an IC zone:

A. Landscaping shall be provided in any yard adjacent to a residential zone and in any required front or side yard.

B. A landscaped area at least three feet wide shall be provided between any parking or loading spaces or driveway, and a lot in a residential zone, or a street.

C. All required landscape areas shall be landscaped as provided in Chapter 16.29 MCC. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 9.20.]

Any nonresidential development proposed within 100 feet of a residentially designated zone in the applicable city comprehensive plan, UD or UT zone shall meet the following requirements:

A. Outdoor storage facilities shall be screened from view of the public road and from adjacent residential property.

B. Exterior lighting shall be designed to illuminate the site and be directed away from public streets and residential properties.

C. Roof equipment shall be screened from view of nearby residential property.

D. Special setback and height standards in MCC 16.09.110 and 16.09.114(A). [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 9.25.]

Additional use and development standards may be found in the following chapters:

[Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 9.30.]

The purpose of the IP (industrial park) zone is to provide areas suitable for warehousing, secondary processing, packaging and fabricating of finished goods and equipment, and incidental sales, conducted entirely within a building. The IP zone is appropriate in those areas designated industrial in the applicable urban area comprehensive plan, where the location has public sewer and water service, access to a collector or arterial street, and where permitted industries would be appropriate. The intent is to use this zone on acreage where clustering a number of industries in a landscaped environment with limited access to public streets will make development more compatible with surrounding land uses. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 10.00.]

A. The following uses, when developed under the applicable development standards in this title, are permitted in the IP zone:

1. Plumbing, heating (except electric) and air conditioning, SIC 171.

2. Painting, paper hanging and decorating, SIC 172.

3. Electric work, SIC 173.

4. Roofing and sheet metal work, SIC 176.

5. Installation and erection of building equipment, not elsewhere classified, SIC 1796.

6. Dairy products, SIC 202.

7. Beverages, SIC 208.

8. Tobacco manufacturing, SIC 21.

9. Textile mill products, SIC 22, except miscellaneous textile goods (SIC 229).

10. Apparel and other finished products made from fabrics and similar materials, SIC 23.

11. Printing, publishing and allied industries, SIC 27.

12. Leather and leather goods, SIC 31, except leather tanning and finishing (SIC 311).

13. Products of purchased glass, SIC 323.

14. Cutlery, hand tools and general hardware, SIC 342.

15. Electrical and electronic equipment, machinery and supplies, SIC 36, except storage batteries (SIC 3691) and primary batteries, dry and wet (SIC 3692).

16. Guided missiles, space vehicles and parts, SIC 376.

17. Measuring, analyzing and controlling instruments; photographic, medical and optical goods; watches and clocks, SIC 38.

18. Sign and advertising display businesses, SIC 3993.

19. Fabricated structural metal products, SIC 344.

20. Local and suburban passenger transportation, SIC 411.

21. Public warehousing, SIC 422.

22. Automotive parts and supplies, SIC 5013.

23. Furniture and home furnishings, SIC 502.

24. Sporting, recreational, photographic and hobby goods, toys and supplies, SIC 504.

25. Electrical goods, SIC 506.

26. Hardware, and plumbing and heating equipment and supplies, SIC 507.

27. Commercial machines and equipment, SIC 5081.

28. Professional equipment and supplies, SIC 5086.

29. Service establishment equipment and supplies, SIC 5087.

30. Transportation equipment and supplies, except motor vehicles, SIC 5088.

31. Jewelry, watches, diamonds and other precious stones, SIC 5094.

32. Drugs, drug proprietaries and druggists’ sundries, SIC 512.

33. Apparel, piece goods and notions, SIC 513.

34. Groceries, general line, SIC 5141.

35. Frozen foods, SIC 5142.

36. Dairy products, SIC 5143.

37. Confectionery, SIC 5145.

38. Beer, wine and distilled alcoholic beverages, SIC 518.

39. Tobacco and tobacco products, SIC 5194.

40. Paints, varnishes and supplies, SIC 5198.

41. Nondurable goods, not elsewhere classified, SIC 5199, except baling of wood shavings for mulch, cordwood, animal and vegetable greases, nursery stock, animal and vegetable oils (except cooking), rennet, crude rubber and every other use which may be classifiable but is not specifically listed in the description or descriptive list for SIC 5199.

42. Power laundries, family and commercial, SIC 7211.

43. Dry cleaning plants, except rug cleaning, SIC 7216.

44. Dwelling unit* or lodging room* for a caretaker or watchman on the premises being cared for or guarded.

45. Recycling depots*.

46. Public utilities* – primary equipment and storage yard.

47. Carpet and upholstery cleaning, SIC 7217.

48. Industrial launderers, SIC 7218.

49. Laundry and garment services, not elsewhere classified, SIC 7219.

50. Business services, SIC 73.

51. Disinfecting and exterminating service, SIC 7342.

52. Cleaning and maintenance services to dwellings and other buildings, not elsewhere classified, SIC 7349.

53. Research and development, SIC 7391.

54. Crematories.

55. Photo finishing laboratories, SIC 7395.

56. Repair shops and related services, not elsewhere classified, SIC 7699.

57. Vocational schools; except vocational high schools, not elsewhere classified, SIC 8249.

58. Child day care services, SIC 835.

59. Miscellaneous services, SIC 89.

60. Fire protection, SIC 9224.

61. Uses permitted in Chapter 16.25 MCC.

62. Signs subject to Chapter 16.31 MCC.

63. Parcel delivery services.

64. Recreational facilities for employees.

65. The following uses subject to the special standards in Chapter 16.26 MCC:

a. Mobile food vendors* (see MCC 16.26.570). [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 10.01.]

A. The following uses may be permitted subject to obtaining a conditional use permit:

1. Crude petroleum and natural gas extraction, SIC 131.

2. Carpeting and flooring, SIC 175.

3. Food and kindred products, SIC 20.

4. Miscellaneous textile goods, SIC 229.

5. Lumber and wood products, except furniture, SIC 24.

6. Furniture and fixtures, SIC 25.

7. Paper and allied products, SIC 26.

8. Chemicals and allied products, SIC 28.

9. Rubber and miscellaneous plastics products, SIC 30, except tires and inner tubes (SIC 301) and reclaimed rubber (SIC 303).

10. Leather tanning and finishing, SIC 311.

11. Flat glass, SIC 321.

12. Glass and glassware, pressed or blown, SIC 322.

13. Pottery and related products, SIC 326.

14. Cut stone and stone products, SIC 328.

15. Miscellaneous nonmetallic mineral products, SIC 329.

16. Fabricated metal products, except machinery and transportation equipment, SIC 34.

17. Machinery, except electrical, SIC 35.

18. Storage batteries, SIC 3691.

19. Primary batteries, dry and wet, SIC 3692.

20. Transportation equipment, SIC 37.

21. Miscellaneous manufacturing industries, SIC 39, except signs and advertising displays (SIC 3993).

22. Electric services, SIC 491.

23. Gas production and distribution, SIC 492.

24. Wholesale durable goods, not elsewhere classified, SIC 5099.

25. Chemicals and allied products, SIC 516.

26. Petroleum and petroleum products, SIC 517.

27. Solid waste transfer station*.

28. Finance, insurance and real estate, SIC 60, 61, 62, 63, 64, 65, 66, 67.

29. Medical marijuana processor* subject to Chapter 16.32 MCC.

30. Medical marijuana producer* subject to Chapter 16.32 MCC. [Ord. 1372 § 4 (Exh. A), 2016; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 10.02.]

Within an IP zone no building, structure, vehicle or land shall be used, erected, structurally altered, or enlarged for any use not permitted under MCC 16.10.010 to 16.10.020. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 10.03.]

The standards and regulations in this chapter and the additional standards and regulations referenced in Chapter 16.24 MCC and Chapters 16.26 through 16.34 MCC apply to all lots, structures and uses unless indicated otherwise. No structure or use shall be approved until all requirements in this chapter have been satisfied.

The provisions of this chapter are complementary and supplementary to other provisions of this title. In the event of a conflict between a provision of this chapter and a more restrictive provision of this title applicable to a particular lot, structure or use, the more restrictive provision shall apply. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 10.10.]

Within an IP zone buildings and structures erected, altered, or enlarged shall not exceed 45 feet in height. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 10.11.]

Within an IP zone there are no minimum lot area or dimension requirements for lots less than 20 acres. At least one parcel with a minimum lot area of 20 acres shall be retained if the parcel is more than 20 acres at the time this title is adopted. It is the intent of the 20-acre minimum lot area to preserve large parcels for major planned industrial developments. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 10.12.]

Within an IP zone:

A. Along the full extent of each lot line abutting a street, there shall be a required yard 20 feet in depth.

B. Yards for accessory buildings and structures except fences shall be the same as for primary buildings.

C. No parking is allowed in required front yards, and yards adjacent to a street. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 10.13.]

Within an IP zone the following interior side and rear yards shall be provided:

A. Except as provided in subsection (B) of this section, abutting an interior side or rear lot line, a side or rear yard 10 feet in depth shall be required. This yard shall be contained by a sight-obscuring fence, wall or hedge if abutting a residential zone.

B. No side or rear yard is required abutting a railroad siding or spur track.

C. Yards for accessory buildings and structures except fences shall be the same as for primary buildings. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 10.14.]

Within an IP zone:

A. Landscaping shall be provided in any yard adjacent to a residential zone and in any required front or side yard.

B. A landscaped area at least 20 feet wide shall be provided between any parking or loading spaces or driveway, and a lot in a residential zone, or a street.

C. All required landscape areas shall be landscaped as provided in Chapter 16.29 MCC. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 10.20.]

Within an IP zone:

A. Open storage of materials used for the manufacture or assembly of goods and equipment is prohibited in required yards, but is otherwise permitted; provided, that such storage is enclosed with a sight-obscuring fence, wall or hedge, or a berm; any of which shall be located on the property at the required setback line in the same manner as if such berm, fence, wall or hedge were a building.

B. Materials and equipment stored as permitted in this section shall be no more than 14 feet in height above the elevation of the storage area.

C. Open storage over six feet in height above the elevation of the storage area shall be screened by landscaping. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 10.22.]

Any nonresidential development proposed within 100 feet of a residentially designated zone in the applicable city comprehensive plan, UD or UT zone shall meet the following requirements:

A. Exterior lighting shall be designed to illuminate the site and be directed away from public streets and residential properties.

B. Roof equipment shall be screened from view of nearby residential property. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 10.24.]

Additional use and development standards may be found in the following chapters:

[Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 10.30.]

The purpose of the IG (general industrial) zone is to provide areas suitable for warehousing, secondary processing and packaging and fabricating of finished goods and equipment with related outdoor storage and incidental sales. The general industrial zone is appropriate in those areas designated industrial in the applicable urban area comprehensive plan where the location has access to an arterial street or highway and where permitted uses will not create significant adverse impacts on local and collector streets and residential zones. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 11.00.]

A. The following uses, when developed under the applicable development standards in this title, are permitted in the IG zone:

1. Dwelling unit* or lodging room* for a caretaker or watchman on the premises being cared for or guarded.

2. Agricultural services, SIC 07.

3. Construction contractor’s offices and related outdoor storage, SIC 15, 16, 17.

4. Food and kindred products, SIC 20, except meat products (SIC 201).

5. Tobacco products, SIC 21.

6. Textile products and apparel, SIC 22, 23.

7. Millwork, SIC 2431.

8. Wood kitchen cabinets, SIC 2434.

9. Structural wood members, not elsewhere classified, SIC 2439.

10. Wood containers, SIC 244.

11. Wood buildings and mobile homes, SIC 245.

12. Wood products, not elsewhere classified, SIC 2499.

13. Furniture and fixtures, SIC 25.

14. Paper and allied products, SIC 26, except pulp, paper and paper board mills (SIC 261, 262, 263, 266).

15. Signs subject to Chapter 16.31 MCC.

16. Printing, publishing and allied industries, SIC 27.

17. Chemicals and allied products, SIC 28, except agricultural chemicals (SIC 287) and miscellaneous chemical products (SIC 289).

18. Rubber and miscellaneous plastics products, SIC 30.

19. Leather and leather products, SIC 31, except leather tanning and finishing (SIC 311).

20. Stone, clay, glass products except cement, SIC 324; structural clay products (SIC 325), concrete, gypsum and plaster products (SIC 327), and abrasive, asbestos and miscellaneous nonmetallic mineral products (SIC 329).

21. Fabricated metal products, SIC 34, except ordnance and accessories (SIC 348).

22. Machinery and equipment manufacturers, SIC 35.

23. Electrical and electronic machinery, equipment and supplies except storage batteries, SIC 3691, and primary batteries (SIC 3692).

24. Transportation equipment, SIC 37.

25. Instruments; photographic, medical and optical goods, SIC 38.

26. Miscellaneous manufacturing industries, SIC 39.

27. Transportation, communications, electric, gas and sanitary services, SIC 40, 41, 42, 43, 44, 45, 46, 47, 48, 49.

28. Wholesale trade, SIC 50 and 51, except scrap and waste materials establishments (SIC 5093) and livestock (SIC 5154).

29. Eating and drinking places, SIC 58.

30. Fuel and ice dealers, SIC 598.

31. Laundry, cleaning and garment services, SIC 721.

32. Outdoor advertising services, SIC 7312.

33. Mailing, reproduction, commercial art and photography, graphic services, SIC 733.

34. Disinfecting and exterminating services, SIC 7342.

35. Cleaning and maintenance services to dwellings and other buildings, not elsewhere classified, SIC 7349.

36. Research and development laboratories, SIC 7391.

37. Management, consulting and public relations services, SIC 7392.

38. Photo finishing laboratories, SIC 7395.

39. Commercial testing laboratories, SIC 7397.

40. Automotive repair, services, and garages, SIC 75.

41. Welding repair, SIC 7692.

42. Repair shops and related services not elsewhere classified, SIC 7699.

43. Biomass facility* subject to the special requirements in MCC 16.26.740.

44. Crematories.

45. Vocational school except vocational high schools, not elsewhere classified, SIC 8249.

46. Fire protection, SIC 9224.

47. Auctions.

48. Public utilities* – truck and equipment storage and parking, and material storage yard.

49. Recycling depots*.

50. Uses permitted in Chapter 16.25 MCC.

51. The following use subject to the special standards in Chapter 16.26 MCC:

a. Mobile food vendors* (see MCC 16.26.570). [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 11.01.]

The following uses may be permitted subject to obtaining a conditional use permit:

A. Scrap and waste materials* (see MCC 16.26.540).

B. Wrecking yards*.

C. Solid waste disposal site subject to Chapter 16.32 MCC.

D. Surface mining subject to Chapter 16.32 MCC.

E. Solid waste transfer station*.

F. Lumber and wood products, SIC 24.

G. Medical marijuana processor* subject to Chapter 16.32 MCC.

H. Medical marijuana producer* subject to Chapter 16.32 MCC. [Ord. 1372 § 4 (Exh. A), 2016; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 11.02.]

Within an IG zone no building, structure, vehicle or land shall be used, erected, structurally altered, or enlarged for any use not permitted under MCC 16.11.010 and 16.11.020. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 11.03.]

The standards and regulations in this chapter and the additional standards and regulations referenced in Chapter 16.24 MCC and Chapters 16.26 through 16.34 MCC apply to all lots, structures and uses unless indicated otherwise. No structure or use shall be approved until all requirements in this chapter have been satisfied.

The provisions of this chapter are complementary and supplementary to other provisions of this title. In the event of a conflict between a provision of this chapter and a more restrictive provision of this title applicable to a particular lot, structure or use, the more restrictive provision shall apply. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 11.10.]

Within an IG zone buildings and structures erected, altered, or enlarged shall not exceed 70 feet in height, provided any portion of a nonresidential structure within 30 feet of a side or rear lot line that abuts on a lot in a residential zone shall not project above a plane 12 feet high at the abutting lot line and increasing one foot for each foot of distance from the lot line. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 11.11.]

Within an IG zone there are no minimum lot area or dimension requirements. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 11.12.]

Within an IG zone:

A. Along the full extent of each lot line abutting a street, there shall be a required yard five feet in depth.

B. Yards for accessory buildings and structures except fences shall be the same as for primary buildings. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 11.13.]

Within an IG zone the following interior side and rear yards shall be provided:

A. Contiguous to a side lot line abutting a lot in any residential zone a five-foot side or rear yard will be required. This yard shall be contained by a sight-obscuring fence, wall or hedge.

B. Except as provided in subsection (A) of this section, no side or rear yard is required, but any space between a building and another structure, other than a fence, shall be not less than three feet in depth, exclusive of any alley areas.

C. No side or rear yard is required abutting a railroad siding or spur track.

D. Setbacks for accessory buildings and structures except fences shall be the same as for primary buildings. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 11.14.]

Within an IG zone:

A. Landscaping shall be provided in any yard adjacent to a residential zone and in any required front or side yard.

B. A landscaped area at least three feet wide shall be provided between any parking or loading spaces or driveway, and a lot in a residential zone or a street.

C. All required landscape areas shall be landscaped as provided in Chapter 16.29 MCC. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 11.20.]

Any nonresidential development proposed within 100 feet of a residentially designated zone in the applicable city comprehensive plan, UD or UT zone shall meet the following requirements:

A. Outdoor storage facilities shall be screened from view of the public road and from adjacent residential property.

B. Exterior lighting shall be designed to illuminate the site and be directed away from public streets and residential properties.

C. Roof equipment shall be screened from view of nearby residential property.

D. Special setback and height standards in MCC 16.11.110 and 16.11.140(A). [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 11.24.]

Additional use and development standards may be found in the following chapters:

[Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 11.30.]

The purpose of the IH (heavy industrial) zone is to provide areas suitable for primary and secondary processing, manufacturing and remanufacturing or reprocessing of all types, with any related outdoor storage and incidental sales. The heavy industrial zone is appropriate in those areas designated industrial in the applicable urban area comprehensive plan where the location has access to an arterial street or highway and where permitted uses will not create significant adverse impacts on local or collector streets and residential, commercial or other nonindustrial uses in the area. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 12.00.]

A. The following uses, when developed under the applicable development standards in this title, are permitted in the IH zone:

1. Dwelling unit* or lodging room* for a caretaker or watchman on the premises being cared for or guarded.

2. Oil and gas field services, SIC 138.

3. Food and kindred products, SIC 20.

4. Tobacco manufacturers, SIC 21.

5. Textile products and apparel, SIC 22, 23.

6. Lumber and wood products, SIC 24.

7. Furniture and fixtures, SIC 25.

8. Paper and allied products, SIC 26.

9. Chemicals and allied products, SIC 28.

10. Petroleum refining and related industries, SIC 29.

11. Rubber and miscellaneous plastic products, SIC 30.

12. Leather and leather products, SIC 31.

13. Stone, clay and glass products, SIC 32.

14. Primary metal industries, SIC 33.

15. Fabricated metal products, SIC 34.

16. Machinery and equipment, SIC 35.

17. Electric and electronic equipment, SIC 36.

18. Transportation equipment, SIC 37.

19. Instruments; photographic, medical, and optical goods, SIC 38.

20. Miscellaneous manufacturing, SIC 39.

21. Transportation, communication, electric, gas and sanitary services, SIC 40, 41, 42, 43, 44, 45, 46, 47, 48, 49.

22. Wholesale trade, SIC 50, 51.

23. Eating and drinking places, SIC 58, in conjunction with an industrial use, except mobile food vendors located within the Woodburn urban growth boundary and the Salem/Keizer urban growth boundary.

24. Fire protection, SIC 9224.

25. Recycling depots*.

26. Solid waste transfer station*.

27. Wrecking yards*.

28. Uses permitted in Chapter 16.25 MCC.

29. Signs subject to Chapter 16.31 MCC.

30. Scrap and waste materials establishment* subject to MCC 16.26.540.

31. Biomass facility* subject to MCC 16.26.740.

32. The following use subject to the special standards in Chapter 16.26 MCC:

a. Mobile food vendors* (see MCC 16.26.570). [Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 12.01.]

The following uses may be permitted subject to obtaining a conditional use permit:

A. Solid waste disposal site subject to Chapter 16.32 MCC.

B. Surface mining subject to Chapter 16.32 MCC.

C. Medical marijuana processor* subject to Chapter 16.32 MCC.

D. Medical marijuana producer* subject to Chapter 16.32 MCC. [Ord. 1372 § 4 (Exh. A), 2016; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 12.02.]

Within an IH zone no building, structure, vehicle or land shall be used, erected, structurally altered, or enlarged for any use not permitted under MCC 16.12.010 and 16.12.020. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 12.03.]

The standards and regulations in this chapter and the additional standards and regulations referenced in Chapter 16.24 MCC and Chapters 16.26 through 16.34 MCC apply to all lots, structures and uses unless indicated otherwise. No structure or use shall be approved until all requirements in this chapter have been satisfied.

The provisions of this chapter are complementary and supplementary to other provisions of this title. In the event of a conflict between a provision of this chapter and a more restrictive provision of this title applicable to a particular lot, structure or use, the more restrictive provision shall apply. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 12.10.]

Within an IH zone buildings and structures erected, altered, or enlarged shall not exceed 70 feet in height, provided any portion of a nonresidential structure within 30 feet of a side or rear lot line that abuts on a lot in a residential zone shall not project above a plane 12 feet high at the abutting lot line and increasing one foot for each foot of distance from the lot line. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 12.11.]

Within an IH zone there are no minimum lot area or dimension requirements. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 12.12.]

Within an IH zone:

A. Along the full extent of each lot line abutting a street, there shall be a required yard five feet in depth.

B. Yards for accessory buildings and structures except fences shall be the same as for primary buildings. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 12.13.]

Within an IH zone the following interior side and rear yards shall be provided:

A. Contiguous to a side lot line abutting a lot in any residential zone, a five-foot side or rear yard shall be required. This yard shall be contained by a sight-obscuring fence, wall or hedge.

B. Except as provided in subsection (A) of this section, no side or rear yard is required, but any space between a building and another structure, other than a fence, shall be not less than three feet in depth, exclusive of any alley areas.

C. No side or rear yard is required abutting to a railroad siding or spur track.

D. Yards for accessory buildings and structures except fences shall be the same as for primary buildings. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 12.14.]

Within an IH zone:

A. Landscaping shall be provided in any yard abutting a residential zone and in any required front or side yard.

B. A landscaped area at least three feet wide shall be provided between any parking or loading spaces or driveway, and a lot in a residential zone or a street.

C. All required landscape areas shall be landscaped as provided in Chapter 16.29 MCC. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 12.20.]

Any nonresidential development proposed within 100 feet of a residentially designated zone in the applicable city comprehensive plan, UD or UT zone shall meet the following requirements:

A. Outdoor storage facilities shall be screened from view of the public road and from adjacent residential property.

B. Exterior lighting shall be designed to illuminate the site and be directed away from public streets and residential properties.

C. Roof equipment shall be screened from view of nearby residential property.

D. Special setback and height standards in MCC 16.12.110 and 16.12.140(A). [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 12.25.]

Additional use and development standards may be found in the following chapters:

[Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 12.30.]

The UT (urban transition) zone is intended to retain and protect for future urban use properties which are undeveloped or underdeveloped and do not have available urban facilities such as sanitary sewer, water, drainage and streets. The zone allows the continuation of legally established uses and establishment of uses compatible with the plan designation. In areas planned for development relying on urban services, transitional uses may be allowed which will not interfere with the efficient, later use of the land for planned urban uses.

The zone is appropriate in areas designated in the applicable urban area comprehensive plan for future urban residential development, but may also be used to protect lands designated for future commercial, industrial or public uses. In areas designated for urban residential development, the residential density included in the zone is intended to be consistent with the average lot size of the immediate area. In areas planned for other uses, the zone is intended to retain lot sizes conducive to efficient development of planned uses and prevent conflicts associated with development of additional dwellings.

The zone is also intended to encourage the continued practice of commercial agriculture in areas planned for future urban development. The UT zone is intended to be a farm zone consistent with ORS 215.203. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 13.00.]

The following uses, when developed under the applicable development standards in this title, are permitted in the UT zone:

A. Lawful uses existing on a property at the time of the effective date of this zone. Expansion or replacement of nonresidential uses is regulated by MCC 16.13.020(A).

B. Farm use*.

C. The propagation, management or harvesting of forest products; provided, that harvesting of forest products which would otherwise be regulated under the Forest Practices Act if located in a forest zone shall comply with the requirements of the Forest Practices Act. Exceptions to Forest Practices Act requirements may be approved as a major adjustment under Chapter 16.41 MCC.

D. Child care home* for 12 or fewer children.

E. The following uses subject to the special standards in Chapter 16.26 MCC:

1. Home occupations, limited* (see MCC 16.26.200).

2. Wind energy conversion system (see MCC 16.26.730).

F. Uses permitted in Chapter 16.25 MCC.

G. A single-family dwelling or mobile home* subject to MCC 16.13.300.

H. Public utilities* providing services to the local area, such as utility substations, pump stations, reservoirs and low voltage (57 KV or less) electrical transmission lines.

I. Signs subject to Chapter 16.31 MCC.

J. Bed and breakfast establishments that do not include more than four lodging rooms and employ no more than one person in the conduct of the home occupation on the subject property (“person” includes volunteer, nonresident employee, partner or any other person). [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 882 § 4, 1990; Ord. 863 § 5, 1990. UZ Ord. § 13.01.]

The following uses may be permitted subject to obtaining a conditional use permit and compliance with MCC 16.13.300:

A. Expansion or replacement of a use permitted under MCC 16.13.010(A).

B. Commercial activities in conjunction with farm use* or forest use subject to MCC 16.13.030(E).

C. Exploration, mining, and processing of geothermal, or other subsurface resources not used exclusively in conjunction with farm or forest management (see MCC 16.26.750 and 16.26.760). Surface mining is included subject to Chapter 16.32 MCC. Includes processing of aggregate into asphalt or portland cement, provided the facility is located more than two miles from a planted vineyard.

D. Public or private power generation facilities (see MCC 16.26.730, 16.26.740, 16.26.750, and 16.26.760).

E. Kennels*.

F. Temporary homes for the infirm subject to Chapter 16.32 MCC.

G. Solid waste disposal sites subject to Chapter 16.32 MCC.

H. Transmission towers* and transmission facilities*.

I. Private or public parks and playgrounds serving the general public.

J. Religious organizations* (see MCC 16.26.600).

K. Public golf courses (SIC 7992) and golf-related recreation identified in SIC 7997 and 7999 (see MCC 16.26.320).

L. Elementary and secondary schools, SIC 8211 (see MCC 16.26.620).

M. Public buildings and structures such as libraries, fire stations and public utilities*.

N. Civic, social and fraternal organizations, SIC 864.

O. Child care facilities* (see MCC 16.26.220).

P. Farm stand subject to the standards in MCC 16.13.030(F).

Q. Uses allowed outright or conditionally in the most restrictive zone, other than a medical marijuana processor* or medical marijuana producer*, consistent with the land use designation.

R. Home occupations, conditional* subject to MCC 16.32.400.

S. Temporary facility for the primary processing of forest products as defined in ORS 215. [Ord. 1372 § 4 (Exh. A), 2016; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 1032 § 4, 1996; Ord. 863 § 5, 1990. UZ Ord. § 13.02.]

In order to grant approval for a conditional use listed in MCC 16.13.020 the criteria in this section must be found to be satisfied in addition to the criteria in MCC 16.40.020:

A. The use will not increase traffic beyond the capacity of existing roads.

B. If the use will remain after the area is urbanized it will be located in such a manner that any significant unused portion of the property has adequate development options.

C. The use and related structures and improvements meet the development standards of the most restrictive zone consistent with the applicable Comprehensive Plan designation; or the city concurs and, if the city requests, conditions are imposed that require the structures and improvements to be brought into conformance with city zoning regulations upon annexation.

D. The most restrictive zone used in the applicable Comprehensive Plan designation lists the proposed use as a permitted or conditional use; or the city concurs and, if the city requests, conditions are imposed which require that the use be brought into conformance with city zoning regulations upon annexation.

E. In order to qualify as a commercial activity in conjunction with farm or forest use, the use or activity must meet one of the following criteria in addition to the criteria in subsections (A) through (D) of this section:

1. The commercial activity must be primarily a customer or supplier of farm uses.

2. The commercial activity must enhance the farming enterprises of the local agricultural community to which the land hosting that commercial activity relates.

3. The agricultural and commercial activities must occur together in the local community.

4. The products and services provided must be essential to the practice of agriculture.

F. Farm stand subject to the following standards:

1. Structures shall be designed and used for the sale of farm crops and livestock grown on the farm operation, or grown on the farm operation and other farm operations in the local agricultural area.

a. As used in this section, “farm crops or livestock” includes both fresh and processed farm crops and livestock grown on the farm operation, or grown on the farm operation and other farm operations in the local agricultural area. As used in this subsection, “processed crops and livestock” includes jams, syrups, apple cider, animal products and other similar farm crops and livestock that have been processed and converted into another produce but not prepared food items.

b. As used in this section, “local agricultural area” is limited to the state of Oregon.

2. The sale of incidental retail items and fee-based activities to promote the sale of farm crops or livestock sold at the farm stand are permitted provided the annual sales of the incidental items and fees from promotional activity do not make up more than 25 percent of the total annual sales of the farm stand.

3. Farm stand shall not include structures designed for occupancy as a residence or for activities other than the sale of farm crops and livestock and does not include structures for banquets, public gatherings or public entertainment. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 13.03.]

Within a UT zone no building, structure, vehicle or land shall be used, erected, structurally altered, or enlarged for any use not permitted under MCC 16.13.010 through 16.13.030. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 13.04.]

The standards and regulations in this chapter and the additional standards and regulations referenced in Chapter 16.24 MCC and Chapters 16.26 through 16.34 MCC apply to all lots, structures and uses unless indicated otherwise. If city standards are adopted by the board, the city standards shall apply. No structure or use shall be approved until all requirements in this chapter have been satisfied.

The provisions of this chapter are complementary and supplementary to other provisions of this title. In the event of a conflict between a provision of this chapter and a more restrictive provision of this title applicable to a particular lot, structure or use, the more restrictive provision shall apply. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 13.10.]

Within a UT zone the maximum height limit is 35 feet for dwellings. Other buildings and structures shall not exceed 45 feet in height. Greater height may be allowed in conjunction with a conditional use. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 13.11.]

Within a UT zone the following front yards and yards abutting streets shall be provided:

A. Along the full extent of each front lot line and lot line abutting a street, there shall be a required yard 20 feet in depth.

B. Yards for accessory structures shall be subject to the requirements of Chapter 16.28 MCC. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 13.12.]

Within a UT zone the following side yards shall be provided:

A. Side yards shall be at least five feet or comply with the side yard requirement for the most restrictive zone used in the applicable Comprehensive Plan designation, whichever is greater.

B. Yards for accessory structures shall meet the requirements of Chapter 16.28 MCC except farm animals and related structures shall not be located closer than 100 feet from a side lot line abutting a residential zone. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 13.13.]

Within a UT zone the following rear yards shall be provided:

A. Fourteen feet for any single-family dwelling and for any portion of any other building not more than 15 feet in height; and 30 feet for any portion of a building greater than 15 feet in height other than a single-family dwelling.

B. Yards for accessory structures shall meet the requirements of Chapter 16.28 MCC except farm animals and related structures or animal waste storage shall not be located closer than 100 feet from a rear or side lot line abutting a residential zone. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 13.14.]

Within a UT zone:

A. All portions of required yards lying between a street and the primary building or between the street and any sight-obscuring fence, wall or hedge located within the required yard shall be landscaped.

B. All required landscape areas shall be landscaped as provided in Chapter 16.29 MCC. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 13.20.]

The Comprehensive Plan policies applicable to lands in the UT zone anticipate future city annexation and extension of public facilities and services to lands intended for residential, commercial or industrial use. To facilitate an orderly transition to efficient urban development, regulation of land divisions and development proposed prior to urban development is necessary. The development regulations and standards in MCC 16.13.310 and 16.13.320 shall apply to land in the UT zone.

Except as provided below, when land is added to an urban growth boundary, the county shall zone it as follows:

A. Residential exception areas shall be placed in a UT-5 zone.

B. Resource land shall be placed in a UT-20 zone.

The county may consider applying a different zone for specific properties upon request of the property owner or city. The purpose and intent of the proposed zone must be consistent with the applicable comprehensive plan designation. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 13.30.]

A. A series partition, subdivision, residential planned development or other residential development of a lot, as the lot existed upon application of the UT zone, that results in the division of land into four or more lots intended to be occupied by dwellings or mobile homes is not permitted in the UT zone.

B. The following regulations shall apply when property line adjustments and partitioning of land regulated by Chapter 16.33 MCC, Subdivision and Partition Requirements, are proposed:

1. Additional street right-of-way required by adopted county standards shall be dedicated along the street frontage of any lot 10 acres or less in area that is part of a partition or lot line adjustment. Street and drainage improvements within the dedicated right-of-way shall be deferred until otherwise required by the county, or by the city following annexation. A nonremonstrance agreement for future road or drainage improvements within the right-of-way abutting the lot may be required.

2. The location of lot lines shall not significantly reduce feasible options for the future location of urban streets or utility services, or preclude development options on the property or adjacent properties.

3. When a lot occupied by a residence is reduced, or a lot is created to accommodate a new residence allowed in MCC 16.13.320, the lot should be as small as possible and should not be larger than one acre. If a lot of one acre or less is not feasible, the lot should either contain all of the undeveloped land or be large enough that the urban development potential will be a significant incentive for the owner to develop to planned urban uses when the lot is annexed.

4. When a new or adjusted lot located in a residential plan designation is smaller than five acres and larger than one acre, a redevelopment plan shall be required demonstrating that the lot can accommodate future subdivision development at the median density proposed in the Comprehensive Plan. The zoning administrator shall review and approve the redevelopment plan.

The redevelopment plan is only for the purposes of identifying a feasible means to subdivide the property and to identify an appropriate location for residences, and does not limit consideration of other development options when urban services are available.

5. New lots shall have no dimension less than 80 feet.

6. When a lot located in a residential plan designation and occupied by a nonresidential use is created or altered, the lot should include as little undeveloped land suitable for residential uses as possible, unless evidence is presented that undeveloped land needs to be included in the lot to accommodate allowable expansion of the subject use.

7. The minimum lot size, in acres, for lots in nonresidential plan designations is the numerical suffix added to the UT zone (i.e., one acre, three acres, five acres, 10 acres or 20 acres), or if no suffix is added, five acres. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 13.31.]

A. Mobile Home Development. No new mobile homes are permitted unless the property is designated for residential development in the Comprehensive Plan and the most restrictive county zone used in the plan designation would permit a mobile home on a lot as an outright permitted use or a conditional use. Approval of a mobile home shall be subject to the standards in MCC 16.26.030.

B. Dwelling Development. No new dwellings are permitted unless the area is designated for residential development and the most restrictive county zone used in the plan designation would permit the dwelling as an outright permitted use or a conditional use.

C. Residential Density. On lots designated for residential development, no more than one dwelling unit or mobile home shall be allowed per five acres unless a numerical suffix is added to the zone altering the allowable density to no more than one dwelling unit or mobile home per one, three, 10 or 20 acres. The number of dwellings allowed shall be based on the size of the lot at the time the UT zone first applied to the property.

D. Siting of Dwellings. If a new dwelling is allowed on a lot of more than one acre and less than five acres, and the lot is designated for residential development, the dwelling shall be located in conformance with a redevelopment plan. The redevelopment plan shall demonstrate that the lot can accommodate future subdivision development at the median density proposed in the Comprehensive Plan. The zoning administrator shall review and approve the redevelopment plan.

E. On-Site Sewage Disposal. The following conditions shall be met prior to the approval of a use or residence relying on an on-site system for wastewater disposal:

1. The property shall not lie within the boundary of a sewer service district unless allowed in writing by the city.

2. The property must lie more than 300 feet in a straight line from any existing sewer line that can be extended to the property to provide gravity sewer service, unless the city agrees in writing to allow on-site sewage disposal.

3. The property shall not be served by a city or district water system.

4. Applicant shall have obtained from the county sanitarian a favorable site evaluation to install an on-site sewage disposal system or DEQ approval for another type of sewage disposal.

5. If the city requires, the applicant shall sign an agreement with the city agreeing to connect the subject development to the public sewer system when the system comes to within 300 feet of the property and can provide gravity service.

6. If the city requires, the property owner shall provide a signed nonremonstrance agreement with the city for future annexation and sewer or water service by the city.

F. Residences on Pre-Existing Lots. Notwithstanding subsection (C) of this section, a single-family dwelling or mobile home is permitted on a lot legally created prior to the date the city comprehensive plan was originally acknowledged by LCDC, or in the case of the Salem/Keizer urban growth area before August 1, 1981, provided the lot and development complies with all other requirements of this section. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 13.32.]

Additional use and development standards may be found in the following chapters:

[Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 13.40.]

The UD (urban development) zone is intended to provide for urban development consistent with the land use designation in the applicable city comprehensive plan where sanitary services are, or can be, made available. Because these areas may not have storm drainage or streets adequate to support development, planned residential uses and other compatible uses may only be established as part of a subdivision, planned development or conditional use permit to ensure that necessary public facilities are provided. If the Comprehensive Plan authorizes uses more intensive than allowed in the UD zone, a zone change is required to ensure development to adopted urban standards. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 15.00.]

The following uses, when developed under the applicable development standards in this title, are permitted in the UD zone:

A. Lawful uses existing on a lot when this zone is applied, except as provided in MCC 16.15.020(A) for expansion and replacement of nonresidential uses.

B. Public and semi-public facilities rendering direct service to local areas, such as fire stations, public utilities* and low voltage (57 KV or less) electrical transmission lines.

C. On lots designated single-family residential in the applicable comprehensive plan:

1. Detached single-family dwelling.*

2. Child care home* for 12 or fewer children.

D. Uses permitted in Chapter 16.25 MCC.

E. Signs subject to Chapter 16.31 MCC.

F. The following uses subject to the special standards in Chapter 16.26 MCC:

1. Home occupations, limited* (see MCC 16.26.200).

2. Boat and recreational vehicle storage (see MCC 16.26.340).

3. Planned developments on land designated single-family or multiple-family residential in the applicable comprehensive plan, subject to MCC 16.15.300 (see MCC 16.26.800).

4. Manufactured home on a lot in the Salem urban growth boundary on land designated single-family residential (see MCC 16.26.030). [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 1032 § 5, 1996; Ord. 894 § 4, 1991; Ord. 882 § 4, 1990; Ord. 863 § 5, 1990. UZ Ord. § 15.01.]

The following uses may be permitted subject to obtaining a conditional use permit:

A. Expansion or replacement of nonresidential uses permitted under MCC 16.15.010(A).

B. Public parks, playgrounds, public utilities* and other public and semi-public uses, and private parks and playgrounds serving the general public.

C. If located on property designated for commercial or residential uses in applicable comprehensive plan:

1. Religious organizations, SIC 866 (see MCC 16.26.600).

2. Elementary and secondary schools, SIC 8211 (see MCC 16.26.620).

3. Membership recreation club, SIC 7997 (see MCC 16.26.320).

4. Civic, social and fraternal organizations, SIC 864.

5. Child care facilities* (see MCC 16.26.220).

6. Home occupations, conditional* subject to MCC 16.32.400.

D. If located on property designated for residential uses in applicable comprehensive plan:

1. Two-family shared housing (see MCC 16.26.040).

2. Duplex* on a corner lot (see MCC 16.26.060).

3. Public golf course, SIC 7992 (see MCC 16.26.320).

4. Residential facility*.

5. Mobile home park* (see MCC 16.26.901). [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 1032 § 6, 1996; Ord. 863 § 5, 1990. UZ Ord. § 15.02.]

Before a conditional use permit may be approved, it must be found that the following criteria applicable to the proposed use will be satisfied in addition to the criteria in MCC 16.40.020:

A. The use and related buildings will be located in such a manner that any significant unused portion of the property has adequate development options.

B. For uses other than a single-family dwelling, the use independently or together with nearby uses will not require installation of urban facilities identified in MCC 16.40.030(J), or such facilities will be provided as prescribed in Chapter 16.40 MCC.

C. The use meets the development standards of the most restrictive zone used in the applicable Comprehensive Plan designation.

D. The use is a permitted or conditional use in the most restrictive zone used in the applicable Comprehensive Plan designation. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 15.03.]

Within a UD zone no building, structure, vehicle or land shall be used, erected, structurally altered, or enlarged for any use not permitted under MCC 16.15.010 through 16.15.030. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 15.04.]

The standards and regulations in this chapter and the additional standards and regulations referenced in Chapter 16.24 MCC and Chapters 16.26 through 16.34 MCC apply to all lots, structures and uses unless indicated otherwise. If city standards are adopted by the board the city standards shall apply. No structure or use shall be approved until all requirements in this chapter have been satisfied.

The provisions of this chapter are complementary and supplementary to other provisions of this title. In the event of a conflict between a provision of this chapter and a more restrictive provision of this title applicable to a particular lot, structure or use, the more restrictive provision shall apply. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 15.10.]

Within a UD zone the maximum height limit is 35 feet for dwellings. Other buildings and structures shall not exceed 45 feet in height. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 15.11.]

Within a UD zone the following front yards and yards abutting streets shall be provided:

A. Within the Salem/Keizer urban growth boundary, along the full extent of each front lot line or lot line abutting a street right-of-way line, there shall be a required yard 12 feet in depth; provided, however, garages or carports having a vehicle entrance facing a street right-of-way line shall be set back at least 20 feet from the street right-of-way line. For other urban growth boundaries the required yard shall be 20 feet.

B. Notwithstanding the provisions of subsection (A) of this section, there shall be a required yard of 20 feet from the right-of-way of a designated arterial or collector street or from the special setback established in MCC 16.27.210, whichever is greater.

C. Yards for accessory structures shall be subject to the requirements of Chapter 16.28 MCC.

D. Yards shall be as provided in the RS zone for lots in subdivisions and in MCC 16.26.800 for planned developments. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 15.12.]

Within a UD zone the following side yards shall be provided:

A. Except as provided in subsection (B) of this section side yards shall be at least five feet or the side yard requirement for the most restrictive zone allowed in the appropriate Comprehensive Plan designation, whichever is greater.

B. Side yards shall be as provided in the RS zone for lots in subdivisions and in MCC 16.26.800 for planned developments approved in the UD zone. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 15.13.]

Within a UD zone the following rear yards shall be provided:

A. Except as provided in subsections (B) and (C) of this section, 14 feet for any single-family dwelling, and 20 feet for any portion of a building other than a single-family dwelling.

B. Setbacks for accessory structures shall meet the requirements of Chapter 16.28 MCC.

C. Rear yards shall be as provided in the RS zone for lots in subdivisions and in MCC 16.26.800 for planned developments. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 15.14.]

Within a UD zone:

A. All portions of required yards lying between a street and the primary building or between the street and any sight-obscuring fence, wall or hedge located within the required yard shall be landscaped.

B. All required landscape areas shall be landscaped as provided in Chapter 16.29 MCC. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 15.20.]

A. A subdivision, residential planned development or other residential development involving the division of land into four or more lots intended to be occupied by dwellings or mobile homes may be considered on property in the UD zone if:

1. Public sewer and water will be available at the time of development;

2. The development complies with the requirements of the RS zone; and

3. The applicable Comprehensive Plan designation allows residential development of the type and density proposed.

B. The following regulations shall apply when property line adjustments and partitionings of land within the UD zone as regulated by Chapter 16.33 MCC:

1. Existing Lots with Dwellings. The dwelling and immediately surrounding area may be separated from the remaining property provided:

a. The location of lot lines shall not significantly reduce feasible options for the future location of urban roads or services, or preclude basic development options on the property or adjacent properties. If the applicable comprehensive plan designates the property for single-family residential uses, a development plan may be required which demonstrates that the proposed division will not preclude future subdivision achieving the median density proposed in the Comprehensive Plan.

b. Any additional street right-of-way required by adopted standards is dedicated along the lot’s street frontage.

c. If the dwelling is within 300 feet of a sewer line capable of serving the dwelling, the dwelling shall be connected to the sewer.

d. Street and drainage improvements applicable to any street abutting the dwelling lot shall be required at the time the remnant parcel is developed through an improvement agreement.

2. The minimum lot size for partitionings and property line adjustments shall be 6,000 square feet for the dwelling lot. If the dwelling lot is proposed to be larger than 15,000 square feet, a redevelopment plan shall be required demonstrating that the proposed dwelling lot meets subsection (B)(1)(a) of this section. The location of lot lines on the dwelling lot shall conform to the yard requirements of the RS zone. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 15.30.]

A. Residential uses not permitted in MCC 16.15.010(A), or as a conditional use in MCC 16.15.020, and any other use not allowed in the UD zone may only be considered as part of an application for a change to a zone that allows the proposed use.

B. Notwithstanding the zone change procedures in this title, upon approval and recordation of a subdivision or planned development or partition plat as prescribed in Chapter 16.33 MCC, the land included in the plat shall automatically be rezoned to the RS (single-family residential) zone and the official zoning map shall be amended accordingly, unless the decision approving the plat expressly provides for retention of the UD zone, or a change to another zone is approved as part of a concurrent zone change application.

C.    1. Notwithstanding the zone change procedures in this title, upon the effective date of a conditional use permit, the lot upon which the approved use is to be located shall automatically be rezoned as provided in subsection (C)(3) of this section and the official zoning map shall be amended accordingly; however, the decision approving the conditional use may expressly provide for retention of the UD zone, expressly limit the zone change to a described portion of the lot, or provide for a change to another zone if approved as part of a concurrent zone change application.

2. Notice of the decision granting a conditional use that includes automatic rezoning shall be provided in the manner required for a decision granting a zone change.

3. Conditional uses approved on property designated for residential uses in the applicable comprehensive plan shall be rezoned to RS (single-family residential).

Conditional uses approved on property designated for commercial uses shall be rezoned to CO (commercial office). Conditional uses approved on property designated for industrial uses shall be rezoned to IC (industrial commercial). [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 15.31.]

Additional use and development standards may be found in the following chapters:

[Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 15.40.]

The purpose of the P (public) zone is to provide areas appropriate for specific public and semi-public uses and to ensure their compatibility with adjacent uses. It is intended that this zone be applied to individual parcels shown to be an appropriate location for a certain public or semi-public use.

If the use existing at the time the P zone is applied is discontinued, or if a use proposed at the time the zone is applied is not established, it is the intent that the land be rezoned to conform to surrounding zoning or be devoted to permitted uses. It is not intended that a property zoned public for one type of use be allowed to change to another use without demonstrating through the conditional use process that the proposed use satisfies the conditional use criteria. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 16.00.]

The following uses, when developed under the applicable development standards in this title, are permitted in the P zone:

A. Farm use*.

B. Forest use.

C. Uses permitted in Chapter 16.25 MCC.

D. Utilities* except public power generation.

E. Signs subject to Chapter 16.31 MCC.

F. The following uses subject to the special standards in Chapter 16.26 MCC:

1. Home occupations, limited* (see MCC 16.26.200).

2. Elementary and secondary schools, SIC 8211 (see MCC 16.26.620).

3. Religious organizations* (see MCC 16.26.600).

4. Child care facilities (see MCC 16.26.220).

5. Senior citizens center, counseling center, and neighborhood center (see MCC 16.26.600).

G. Replacement or expansion of legally established uses included in MCC 16.16.020 provided:

1. The use was not established under a conditional use permit expressly requiring approval of expansion or replacement; and

2. The replacement or expansion does not involve lands added to the subject lot as it existed on May 30, 1990. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 16.01.]

A. The following uses may be permitted in a P zone subject to obtaining a conditional use permit:

1. Dwellings* (including mobile homes*) in conjunction with farm or forest use, or for a caretaker or watchman; or for the staff required for an approved conditional use.

2. Local and suburban passenger transportation, SIC 411.

3. School buses, SIC 415.

4. Terminal and service facilities for motor vehicle passenger transportation, SIC 417.

5. U.S. Postal Service, SIC 43.

6. Marinas, SIC 4493.

7. Transportation by air, SIC 45, and related commercial and industrial use.

8. Communication, SIC 48, including related transmission towers.

9. Electric, gas and sanitary services, SIC 49.

10. Cemeteries, crematoriums and mausoleums, SIC 6553 and 726 (see MCC 16.26.440).

11. Commercial sports, SIC 794.

12. Public golf courses, SIC 7992 (see MCC 16.26.320).

13. Amusement parks, SIC 7996.

14. Amusement and recreation services not elsewhere classified, SIC 7999.

15. Health services, SIC 80.

16. Educational services, SIC 82, and associated industrial uses providing vocational training.

17. Social services, SIC 83.

18. Museums, art galleries, botanical and zoological gardens, SIC 84.

19. Membership organizations, SIC 86.

20. Physical fitness facilities, SIC 7991.

21. Membership sports and recreation clubs, SIC 7997.

22. Engineering, architectural, and surveying services, SIC 871.

23. Accounting, auditing, and bookkeeping services, SIC 872.

24. Commercial economic, sociological, and educational research, SIC 8732.

25. Management and public relations services, SIC 874.

26. Executive, legislative and general government, SIC 91.

27. Justice, public order and safety, SIC 92, including correctional facilities.

28. Public finance, taxation and monetary policy, SIC 93.

29. Administration of government program, SIC 94, 95, 96.

30. National security, SIC 971.

31. Parks, playgrounds, parkways, public or private open space.

32. Solid waste disposal site subject to Chapter 16.32 MCC.

33. Surface mining subject to Chapter 16.32 MCC.

34. Hazardous waste disposal facility as defined by State Department of Environmental Quality laws and subject to local land use compatibility criteria in DEQ rules.

35. Transmission facilities.* [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 16.02.]

Within a P zone no building, structure, vehicle or land shall be used, erected, structurally altered, or enlarged for any use not permitted under MCC 16.16.010 and 16.16.020. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 16.03.]

The standards and regulations in this chapter and the additional standards and regulations referenced in Chapter 16.24 MCC and Chapters 16.26 through 16.34 MCC apply to all lots, structures and uses unless indicated otherwise. No structure or use shall be approved until all requirements in this chapter have been satisfied.

The provisions of this chapter are complementary and supplementary to other provisions of this title. In the event of a conflict between a provision of this chapter and a more restrictive provision of this title applicable to a particular lot, structure or use, the more restrictive provision shall apply. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 16.10.]

Within a P zone:

A. Residential buildings shall not exceed 35 feet in height.

B. A lot having a width less than 50 feet or an area less than 10,000 square feet shall have no building or structure in excess of 35 feet high.

C. All other buildings and structures shall not exceed 70 feet.

D. Structures exempt from height requirements are listed in Chapter 16.27 MCC and structures with special height requirements in Chapter 16.28 MCC. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 16.11.]

Within a P zone the minimum lot area for uses served by public sewer and water services is 10,000 square feet; 20,000 square feet if served by either sewer or water; and one acre if the use relies on on-site wastewater disposal. Otherwise there is no minimum lot size. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 16.12.]

Within a P zone:

A. Along the full extent of each front lot line and lot line abutting a street, there shall be a required yard 20 feet in depth.

B. Yards for accessory structures shall be as provided in Chapter 16.28 MCC. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 16.13.]

Within a P zone no interior side and rear yards are required except when a side or rear lot line abuts on a residential zone in which case the following setbacks apply to the abutting lot line:

A. Five feet for any portion of a building not more than 35 feet in height.

B. For buildings or structures exceeding 35 feet in height the minimum yard width shall be five feet plus one foot for every foot the structure exceeds 35 feet.

C. Setbacks for accessory buildings and structures shall be as provided in Chapter 16.28 MCC. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 16.14.]

Within a P zone open outdoor storage of materials or equipment shall be screened from view from the street and adjacent properties by a sight-obscuring fence, wall or hedge. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 16.15.]

Within a P zone all required yards shall be landscaped as provided in Chapter 16.29 MCC. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 16.20.]

Additional use and development standards may be found in the following chapters:

[Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 16.30.]

The flood hazard areas of Marion County 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. 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.

A. 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. The purpose of the floodplain overlay zone therefore is 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:

1. Protect human life and health;

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

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

4. Minimize prolonged business interruptions;

5. 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;

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

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

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

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

B. In order to accomplish its purpose, this chapter includes methods and provisions for:

1. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities.

2. Minimizing expenditure of public money for flood control projects, rescue and relief efforts in areas subject to flooding.

3. Minimizing flood damage to new construction by elevating or floodproofing all structures.

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

5. Controlling filling, grading, dredging and other development which may be subject to or increase flood damage.

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

7. Complying with the requirements of the Federal Insurance Administration to qualify Marion County for participation in the National Flood Insurance Program.

8. Minimizing flood insurance premiums paid by the citizens of Marion County by reducing potential hazards due to flood damage.

9. Implementing the floodplain policies in the Marion County Comprehensive Plan. [Ord. 1405 § 4 (Exh. B), 2019; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1094 § 6, 1998; Ord. 863 § 5, 1990. UZ Ord. § 19.00.]

For purposes of this overlay zone the following terms shall mean:

A. “Accessory” means a building, structure, vehicle, or use which is incidental and subordinate to and dependent upon the primary use on the lot.

B. “Area of shallow flooding” means a designated AO or AH Zone 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.

C. “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 (V, VO, V1-30, VE). “Special flood hazard area” is synonymous in meaning and definition with the phrase “area of special flood hazard.”

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

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

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

G. “Below-grade crawlspace” 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 crawlspace to the top of the crawlspace foundation, does not exceed four feet at any point.

H. “Critical facility” means any buildings or locations vital to the emergency response effort (e.g., emergency operations centers, 911 centers, police and fire stations, municipal water distribution and storage systems, hospitals, road departments and select roads and bridges, radio and TV stations and towers), and buildings or locations that, if damaged, would create secondary disasters (e.g., hazardous materials facilities, water and wastewater distribution and treatment facilities, schools, nursing homes, natural gas and petroleum pipelines, and prison or jail facilities).

I. “Conveyance” means the carrying capacity of all or a part of the floodplain. It reflects the quantity and velocity of floodwaters. Conveyance is measured in cubic feet per second (CFS). If the flow is 30,000 CFS at a cross-section, this means that 30,000 cubic feet of water pass through the cross-section each second.

J. “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.

K. “Encroachment” means any obstruction in the floodplain which affects flood flows.

L. “Flood” or “flooding” means:

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

a. The overflow of inland or tidal waters.

b. The unusual and rapid accumulation of runoff of surface waters from any source.

c. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (L)(1)(b) of this section 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.

2. 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 (L)(1)(a) of this section.

M. “Flood boundary floodway map (FBFM)” means the map portion of the Flood Insurance Study (FIS) issued by the Federal Insurance Agency on which is delineated the floodplain, floodway (and floodway fringe) and cross-sections (referenced in the text portion of the FIS).

N. “Floodway fringe” means the area of the floodplain lying outside of the floodway as delineated on the FBFM or FIRM where encroachment by development will not increase the flood elevation more than one foot during the occurrence of the base flood discharge.

O. “Floodplain” means lands within the county that are subject to a one percent or greater chance of flooding in any given year and other areas as identified on the official zoning maps of Marion County. “Floodplain” includes the “areas of special flood hazard” identified within Marion County by the Federal Insurance Administrator.

P. “Flood elevation study” 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.

Q. “Flood Insurance Rate Map (FIRM)” means the official map of a community on which the Federal Insurance Administrator has delineated both the areas of special flood hazards (floodplain) 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).

R. Flood Insurance Study (FIS). See “Flood elevation study.”

S. “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.

T. “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.”

U. “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.

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

W. “Highway ready recreation vehicle” means a fully licensed recreational vehicle that is on wheels or a jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

X. “Historic structure” means any structure that is:

1. 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;

2. 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;

3. 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

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

a. By an approved state program as determined by the Secretary of the Interior; or

b. Directly by the Secretary of the Interior in states without approved programs.

Y. “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 title.

Z. “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.”

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

BB. “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.

CC. “Mobile home” means a vehicle or structure, transportable in one or more sections, which is eight feet or more in width, is 32 feet or more in length, is built on a permanent chassis to which running gear is or has been attached, and is designed to be used as a residential structure with or without permanent foundation when connected to the required utilities. Such definition does not include any recreational vehicle as defined by subsection (GG) of this section.

DD. “New construction” means, for floodplain management purposes, structure(s) for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by Marion County and includes any subsequent improvements to such structures.

EE. “Obstruction” means any physical object which hinders the passage of water.

FF. “Permanent foundation” means a natural or manufactured support system to which a structure is anchored or attached. A permanent foundation is capable of resisting flood forces and may include posts, piles, poured concrete or reinforced block walls, properly compacted fill, or other systems of comparable flood resistivity and strength.

GG. “Recreational vehicle” means a vehicle which is:

1. Built on a single chassis;

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

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

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

HH. Reinforced Pier. At a minimum, a “reinforced pier” must have a footing adequate to support the weight of the manufactured dwelling under saturated soil conditions. Concrete blocks may be used if vertical steel reinforcing rods are placed in the hollows of the blocks and the hollows are filled with concrete or high strength mortar. Dry stacked concrete blocks do not constitute reinforced piers. When piers exceed 36 inches under “I” beams or 48 inches under floor systems, they are required to be designed by an engineer licensed in Oregon.

II. Special Flood Hazard Area (SFHA). See “Areas of special flood hazard” for this definition.

JJ. “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 of the permit date. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs 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 residential 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.

KK. “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.

LL. “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.

MM. “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 either:

1. 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

2. Any alteration of a “historic structure”; provided, that the alteration will not preclude the structure’s continued designation as a “historic structure.”

NN. “Watercourse” means a natural or artificial channel in which a flow of water occurs either continually or intermittently in identified floodplains.

OO. “Wet floodproofing” means a method of construction using building materials capable of withstanding direct and prolonged (72 hours) contact with floodwaters without sustaining significant damage (any damage requiring more than low-cost cosmetic repair, such as painting), consistent with FEMA Technical Bulletin 7-93.

PP. “Variance” means a grant of relief by Marion County from the terms of a floodplain management regulation.

QQ. “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 chapter is presumed to be in violation until such time as that documentation is provided.

RR. “Zoning administrator” shall be the planning director or designee. [Ord. 1405 § 4 (Exh. B), 2019; Ord. 1346 § 4 (Exh. B), 2014; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1094 § 6, 1998; Ord. 951 § 5, 1993; Ord. 863 § 5, 1990. UZ Ord. § 19.01.]

The following regulations apply to all unincorporated lands in identified floodplains as shown graphically on the zoning maps. The floodplain comprises those areas of special flood hazard identified by the Federal Insurance Administrator in a scientific and engineering report entitled the “Flood Insurance Study for Marion County, Oregon and Unincorporated Areas” dated October 18, 2019, with accompanying Flood Insurance Rate Maps (FIRMs) and subsequent FEMA issued letter of map amendments and letter of map revisions related to these adopted studies and maps, which are hereby adopted by reference and declared to be a part of this chapter. When base flood elevation data have not been provided, the zoning administrator shall have the authority to determine the location of the boundaries of the floodplain where there appears to be a conflict between a mapped boundary and the actual field conditions, provided a record is maintained of any such determination.

A. Coordination with the State of Oregon Specialty Codes. Pursuant to the requirement established in ORS 455 that Marion County administers and enforces the State of Oregon Specialty Codes, Marion County 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 chapter is intended to be administered in conjunction with the Oregon Specialty Codes.

B. Compliance and Penalties for Noncompliance. All development within the floodplain (including areas of special flood hazard), is subject to the terms of this chapter and required to comply with its provisions and all other applicable regulations.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall be enforced pursuant to MCC 16.35.270 and Chapter 1.25 MCC. Nothing contained herein shall prevent Marion County from taking such other lawful action as is necessary to prevent or remedy any violation.

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

D. Severability. This chapter and the various parts thereof are hereby declared to be severable. If any section, clause, sentence, or phrase of this chapter 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 chapter.

E. Interpretation. In the interpretation and application of this chapter, 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.

F. Designation of the Floodplain Administrator. The county zoning administrator is hereby appointed as the floodplain administrator to administer, implement, and enforce this chapter by granting or denying development permits in accordance with its provisions. The floodplain administrator may delegate authority to implement these provisions.

G. Duties of the floodplain administrator, or their designee, shall include, but not be limited to:

1. Review all development permits to determine that the permit requirements of this title have been satisfied.

2. Review all development permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required.

3. Review building permits where elevation data is not available either through the FIS or from another authoritative source, to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available.

4. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of MCC 16.19.140(J) are met.

5. Provide to building officials the base flood elevation (BFE) and any required freeboard applicable to any building requiring a development permit.

6. Review all development permit applications to determine if the proposed development qualifies as a substantial improvement.

7. 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 relevant provisions of this chapter.

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

H. Information to Be Obtained and Maintained.

1. 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 this section.

2. 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 MCC 16.19.140 are adhered to.

3. 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).

4. 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.

5. Maintain all elevation certificates (EC) submitted to Marion County.

6. 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 chapter and where base flood elevation (BFE) data is provided through the FIS, FIRM, or obtained in accordance with MCC 16.19.140.

7. Maintain all floodproofing certificates required under this chapter.

8. Record and maintain all variance actions, including justification for their issuance.

9. Obtain and maintain all hydrologic and hydraulic analyses performed as required under MCC 16.19.140(J).

10. Record and maintain all substantial improvement and substantial damage calculations and determinations as required under subsection (J) of this section.

11. Maintain for public inspection all records pertaining to the provisions of this chapter.

I. Requirement to Notify Other Entities and Submit New Technical Data.

1. 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.

2. 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:

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

b. 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 (I) of this section.

3. 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 Section 44 of the Code of Federal Regulations (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:

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

b. 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).

J. Substantial Improvement and Substantial Damage Assessments and Determinations. Conduct substantial improvement (SI) (as defined in MCC 16.19.010) reviews for all structural development proposal applications and maintain a record of SI calculations within permit files in accordance with subsection (G) of this section. Conduct substantial damage (SD) (as defined in MCC 16.19.010) 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 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. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1405 § 4 (Exh. B), 2019; Ord. 1397 § 4 (Exh. B), 2019; Ord. 1369 § 4 (Exh. B), 2016; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1167 § 5, 2002; Ord. 1121 § 5, 1999; Ord. 1094 § 6, 1998; Ord. 1061 § 5, 1997; Ord. 1030 § 5, 1995; Ord. 951 § 5, 1993; Ord. 863 § 5, 1990. UZ Ord. § 19.10.]

Within an FP (floodplain) overlay zone no uses, structures, recreational vehicles and premises shall be used or established except as provided in the applicable underlying zone and the provisions of this overlay zone. Except as provided herein all uses and floodplain development shall be subject to issuance of a conditional use permit (floodplain development permit) as provided in MCC 16.19.130.

A. The following uses are exempt from the regulations of this overlay zone:

1. Signs, markers, aids, etc., placed by a public agency to serve the public.

2. Streets, driveways, parking lots and other open space use areas where no alteration of topography will occur.

3. Minor repairs or alterations to existing structures provided the alterations do not increase the size or intensify the use of the structure, and do not constitute “substantial improvement” as defined in MCC 16.19.010(MM).

4. Customary dredging associated with channel maintenance consistent with applicable state or federal law. This exemption does not apply to the dredged materials placed within a floodplain.

5. Placement of utility facilities necessary to serve established and permitted uses within floodplain areas, such as telephone poles. This exemption does not apply to buildings, substations, or other types of utility facilities development in the floodplain.

6. Flagpoles.

7. Except in a floodway, open wire fencing (no more than one horizontal strand per foot of height) and open rail fencing (rails occupy less than 10 percent of the fence area and posts are spaced no closer than eight feet apart).

8. Repealed by Ord. 1405.

9. A highway-ready recreational vehicle may be located on a lot or parcel without a residential structure in a floodplain or floodway, subject to the requirements in MCC 16.26.410, and shall:

a. Be placed on site for fewer than 120 consecutive days only during the nonflood season, June 1st through September 30th.

b. 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.

B. Prior to obtaining a building permit for any residential, commercial or industrial structure within an area identified by FEMA or Marion County as being within a 500-year floodplain, the applicant shall comply with the requirement in MCC 16.19.130(C).

C. New residential structures and manufactured dwellings, and replacement residential structures that are not being replaced in the same location as the original residential structure, are prohibited in the floodplain if there is an area on the subject property that is located outside of the floodplain where the residential structure can be placed. An exception to this prohibition may be granted if a floodplain development permit, and variance meeting the criteria in MCC 16.19.170, are obtained.

D. Repealed by Ord. 1369.

E. Siting of new critical facilities is prohibited within the floodway and 100- and 500-year floodplains. For a critical facility needed within a hazard area in order to provide essential emergency response services in a timely manner, an exception to this prohibition may be granted for development in the 500-year floodplain if a floodplain development permit, and variance meeting the criteria in MCC 16.19.170, are obtained. This prohibition does not apply to functionally dependent uses.

F. In coordination with the State of Oregon Specialty Codes, when a structure is located in multiple flood zones on the Marion County Flood Insurance Rate Maps (FIRMs) the provisions for the more restrictive flood zone shall apply. When a structure is partially located in an area of special flood hazard, the entire structure shall meet the requirements for new construction and substantial improvements. [Ord. 1405 § 4 (Exh. B), 2019; Ord. 1397 § 4 (Exh. B), 2019; Ord. 1369 § 4 (Exh. B), 2016; Ord. 1346 § 4 (Exh. B), 2014; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1094 § 6, 1998; Ord. 863 § 5, 1990. UZ Ord. § 19.11.]

A. Except as provided in MCC 16.19.110, a conditional use permit (floodplain development permit) shall be obtained before construction or development begins within any area horizontally within the floodplain overlay zone (which includes the area of special flood hazard). The floodplain development permit shall be required for all structures, including manufactured dwellings, and for all other development, as defined in MCC 16.19.010. The conditional use permit shall include conditions ensuring that the flood protection standards in MCC 16.19.140 are met.

B. When base flood elevation data and floodway data have not been provided in accordance with MCC 16.19.100, the applicant, with the assistance of the floodplain administrator, shall obtain and reasonably utilize any base flood elevation data or evidence available from a federal, state or other source in order to determine compliance with the flood protection standards. If data are insufficient, the floodplain administrator may require that the applicant provide data derived by standard engineering methods.

C. Prior to obtaining a building permit the owner shall be required to sign and record in the deed records for the county a declaratory statement binding the landowner, and the landowner’s successors in interest, acknowledging that the property and the approved development are located in a floodplain.

D. Prior to obtaining a building permit, commencing development or placing fill in the floodplain, the applicant shall submit a certification from a registered civil engineer demonstrating that a development or fill will not result in an increase in floodplain area on other properties and will not result in an increase in erosive velocity of the stream that may cause channel scouring or reduce slope stability downstream of the development or fill.

E. The applicant shall provide an elevation certificate signed by a licensed surveyor or civil engineer certifying that the actual elevations (in relation to mean sea level) of the lowest floor (including basement) and all attendant utilities of all new or substantially improved residential structures including manufactured dwellings meet the requirements of MCC 16.19.140(A), (B) and (C) where applicable, as follows:

1. Prior to construction (based on construction drawings); and

2. Once the floor elevation can be determined (based on the building under construction); and

3. Prior to occupancy (based on finished construction).

Elevation certificates shall not be required for the following uses:

1. Functionally dependent uses, such as boat ramps, docks, wells and well covers.

2. Improvements resulting from cut or fill operations, such as berms, bank improvements, ponds and dams.

3. Repealed by Ord. 1405.

4. Grading, such as for roadways, even where alteration of topography occurs.

F. Repealed by Ord. 1397.

G. In addition to other information required in a conditional use application, the application shall include:

1. Land elevation in mean sea level data at development site and topographic characteristics of the site.

2. Base flood level expressed in mean sea level data on the site, if available.

3. Plot plan showing property location, floodplain and floodway boundaries where applicable, boundaries and the location and floor elevations of existing and proposed development, or the location of grading or filling where ground surface modifications are to be undertaken.

4. Any additional statements and maps providing information demonstrating existing or historical flooding conditions or characteristics which may aid in determining compliance with the flood protection standards of this overlay zone.

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

6. 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 this chapter.

7. A description of the extent to which any watercourse will be altered or relocated.

8. Base flood elevation data for any subdivision proposals or other development when required per MCC 16.19.140(G).

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

10. The amount and location of any fill or excavation activities proposed. [Ord. 1405 § 4 (Exh. B), 2019; Ord. 1397 § 4 (Exh. B), 2019; Ord. 1346 § 4 (Exh. B), 2014; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1167 § 5, 2002; Ord. 1094 § 6, 1998; Ord. 863 § 5, 1990. UZ Ord. § 19.13.]

In all areas of identified floodplain (which include all areas of special flood hazard), the following requirements apply:

A. Residential Structures, Including Manufactured Dwellings and Related Structures. New residential construction, substantial improvement of any residential structures, location of a manufactured dwelling on a lot or in a manufactured dwelling park or park expansion approved after adoption of this title shall:

1. Residential structures shall have the top of the lowest floor, including basement, elevated on a permanent foundation to two feet above base flood elevation and the bottom of the lowest floor constructed a minimum of one foot above the base flood elevation. Where the base flood elevation is not available, the top of the lowest floor, including basement, shall be elevated on a permanent foundation to two feet above the highest adjacent natural grade (within five feet) of the building site and the bottom of the lowest floor elevated to one foot above the highest adjacent natural grade (within five feet) of the building site.

2. Manufactured dwellings shall have the bottom of the longitudinal chassis frame beam, including basement, elevated on a permanent foundation to two feet above base flood elevation. Where the base flood elevation is not available, the finished floor, including basement, shall be elevated on a permanent foundation to two feet above the highest adjacent natural grade (within five feet) of the building site.

3. Manufactured dwellings shall be anchored in accordance with subsection (D) of this section and all electrical crossover connections shall be a minimum of one foot above the base flood elevation.

4. No new residential structures, including manufactured dwellings, shall be placed in a floodway. An exception to this prohibition may be granted if a floodplain development permit, and variance consistent with MCC 16.19.160, are obtained.

5. 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 crawlspaces, 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 to meet or exceed all of the following minimum criteria:

i. A minimum of two openings,

ii. The total net area of non-engineered 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 enclosed walls,

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

iv. Openings may be equipped with screens, louvers, 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.

6. Construction where the crawlspace is below grade on all sides may be used. Designs for meeting these requirements must either be certified by a registered professional engineer or architect, or must meet the following standards, consistent with FEMA Technical Bulletin 11-01 for crawlspace construction:

a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;

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

c. Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters;

d. Interior grade of the crawlspace shall not exceed two feet below the lowest adjacent exterior grade;

e. The height of the crawlspace when measured from the interior grade of the crawlspace (at any point on grade) to the bottom of the lowest horizontal structural member of the lowest floor shall not exceed four feet;

f. An adequate drainage system that removes floodwaters from the interior area of the crawlspace shall be provided;

g. The velocity of floodwaters at the site shall not exceed five feet per second for any crawlspace. For velocities in excess of five feet per second, other foundation types shall be used; and

h. Below-grade crawlspace construction in accordance with the requirements listed above will not be considered basements for flood insurance purposes. However, below-grade crawlspace construction in the special flood hazard area is not the recommended construction method because of the increased likelihood of problems with foundation damage, water accumulation, moisture damage, and drainage. Applicants shall be advised that buildings constructed with below-grade crawlspaces will have higher flood insurance premiums than buildings that have the preferred crawlspace construction (the interior grade of the crawlspace is at or above the adjacent exterior grade).

7. A garage attached to a residential structure, constructed with the garage floor slab below the base flood elevation or a fully enclosed space beneath a residential structure that does not constitute a basement may be constructed to wet floodproofing standards; provided, that:

a. The garage or enclosed space shall be constructed with unfinished materials, acceptable for wet floodproofing to two feet above the base flood elevation or, where no BFE has been established, to two feet above the highest adjacent grade;

b. The garage or enclosed space shall be designed and constructed with flood openings to automatically equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwaters, in full compliance with the standards in subsection (A)(5) of this section;

c. Electrical, heating, ventilation, plumbing, and air conditioning equipment shall be elevated to one foot above the level of the base flood elevation. Where the base flood elevation is not available, the electrical, heating, ventilation, plumbing and air conditioning equipment shall be elevated to one foot above the highest adjacent natural grade (within five feet) of the building site;

d. The garage or enclosed space shall only be used for parking, storage, and building access, and for storage of items having low damage potential when submerged by water (no workshops, offices, recreation rooms, etc.);

e. The garage or enclosed space shall not be used for human habitation;

f. A declaratory statement is recorded requiring compliance with the standards in subsections (A)(7)(a) through (e) of this section;

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

h. The garage or enclosed space must be constructed in compliance with subsections (D), (E), and (H) of this section.

8. A detached residential accessory structure may be constructed to wet floodproofing standards with relief from elevation or floodproofing requirements for residential and nonresidential structures in riverine (noncoastal) flood zones; provided, that the following requirements are met:

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

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

c. 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;

d. The portions of the appurtenant structure located below two feet above the base flood elevation, or where no BFE has been established, below two feet above the highest adjacent grade shall be built using flood resistant materials;

e. 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;

f. 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 (A) of this section;

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

h. 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 (L) of this section;

i. Electrical, heating, ventilation, plumbing, and air conditioning equipment shall be elevated to one foot above the level of the base flood elevation. Where the base flood elevation is not available, the electrical, heating, ventilation, plumbing and air conditioning equipment shall be elevated to one foot above the highest adjacent natural grade (within five feet) of the building site or 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;

j. A declaratory statement is recorded requiring compliance with the standards in subsections (A)(8)(b) through (i) of this section.

B. Reserved.

C. Nonresidential Development.

1. New construction and substantial improvement of any commercial, industrial or other nonresidential structures shall either have the lowest floor, including basement, elevated to two feet above the level of the base flood elevation, and where the base flood elevation is not available, the lowest floor, including basement, shall be elevated to two feet above the highest adjacent natural grade (within five feet) of the building site; or together with attendant utility and sanitary facilities, shall:

a. Be floodproofed to an elevation of two feet above base flood elevation or, where base flood elevation has not been established, two feet above the highest adjacent grade, so that the structure is watertight with walls substantially impermeable to the passage of water.

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

c. 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 subsection based on their development and/or review of the structural design, specifications, and plans. This certificate shall include the specific elevation (in relation to mean sea level) to which such structures are floodproofed and shall be provided to the floodplain administrator.

Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (A)(5) of this section.

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

2. New construction of any commercial, industrial or other nonresidential structures is prohibited in the floodway. An exception to this prohibition may be granted if a floodplain development permit, and variance consistent with MCC 16.19.160, are obtained. This prohibition does not apply to functionally dependent uses.

3. An agricultural structure may be constructed to wet floodproofing standards; provided, that:

a. The structure shall meet the criteria for a variance in MCC 16.19.170;

b. The structure shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;

c. The structure shall be constructed with unfinished materials, acceptable for wet floodproofing to two feet above the base flood elevation or, where no BFE has been established, to two feet above the highest adjacent grade;

d. The structure shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must comply with the following standards:

i. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;

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

iii. Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters;

e. Electrical, heating, ventilation, plumbing, and air conditioning equipment shall be elevated to one foot above the level of the base flood elevation. Where the base flood elevation is not available, the electrical, heating, ventilation, plumbing and air conditioning equipment shall be elevated to one foot above the highest adjacent natural grade (within five feet) of the building site;

f. The structure shall be used solely for agricultural purposes, for which the use is exclusively in conjunction with the production, harvesting, storage, drying, or raising of agricultural commodities, the raising of livestock, and the storage of farm machinery and equipment;

g. The structure shall not be used for human habitation;

h. A declaratory statement shall be recorded requiring compliance with the standards in subsections (C)(3)(c) through (g) of this section.

D. Anchoring.

1. 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.

2. All manufactured dwellings must likewise be anchored to prevent flotation, collapse or lateral movements, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors. Anchoring methods shall be consistent with the standards contained in the Oregon Manufactured Dwelling Installation Specialty Code.

E. Construction Materials and Methods.

1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage, and the design and methods of construction are in accord with accepted standards of practice based on an engineer’s or architect’s review of the plans and specifications.

2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damages.

F. Utilities.

1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system as approved by the State Health Division.

2. 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.

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

4. Electrical, heating, ventilation, plumbing, duct systems, air conditioning, and other equipment and service facilities not installed so as to prevent water from entering or accumulating within the components during conditions of the base flood shall be elevated to one foot above the level of the base flood elevation. Where the base flood elevation is not available, the electrical, heating, ventilation, plumbing and air conditioning equipment shall be elevated to one foot above the highest adjacent natural grade (within five feet) of the building site. If replaced as part of a substantial improvement the utility equipment and service facilities shall meet all the requirements of this subsection.

G. Developments, Generally. Residential developments involving more than one single-family residential structure, including subdivisions, manufactured dwelling parks, multiple-family residential structures, planned developments, and other proposed developments including development regulated under subsections (A) and (C) of this section, shall meet the following requirements:

1. Be designed to minimize flood damage.

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

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

4. Base flood elevation data shall be provided by the developer. In cases where no base flood elevation is available, analysis by standard engineering methods will be required to develop base flood elevation data.

H. Storage of Materials and Equipment. Materials that are buoyant, flammable, obnoxious, toxic or otherwise injurious to persons or property, if transported by floodwaters, are prohibited. Storage of materials and equipment not having these characteristics is permissible only if the materials and equipment have low damage potential and are anchored or are readily removable from the area within the time available after forecasting and warning.

I. Alteration of Watercourses. When considering a conditional use permit to allow alteration or modification of a watercourse, the following shall apply:

1. Adjacent communities, the Oregon Division of State Lands and the Department of Land Conservation and Development, and other affected state and federal agencies shall be notified prior to any alteration or relocation of a watercourse and evidence of such notification shall be submitted 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:

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

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

2. Maintenance shall be provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

3. The applicant shall be required to submit a conditional letter of map revision (CLOMR) when required under MCC 16.19.100(I).

J. Floodways. Located within areas of floodplain established in MCC 16.19.100 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply in addition to the requirements in subsection (I) of this section:

1. Prohibit encroachments, including fill, new construction, substantial improvements and other development, within the adopted regulatory floodway unless 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.

2. If subsection (J)(1) of this section is satisfied, all new construction, substantial improvements, and other development shall comply with all applicable flood hazard reduction provisions of this section.

3. The area below the lowest floor shall remain open and unenclosed to allow the unrestricted flow of floodwaters beneath the structure.

K. Standards for Shallow Flooding Areas (AO Zones). Shallow flooding areas appear on FIRMs as AO zones with depth designations. The base flood depths in these zones range from one to three feet 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. In these areas, the following provisions apply:

1. New construction and substantial improvements of residential structures and manufactured dwellings within AO zones shall have the lowest floor (including basement) elevated above the highest adjacent grade (within five feet) of the building site, to two feet above the depth number specified on the FIRM or three feet if no depth number is specified.

2. New construction and substantial improvements of nonresidential structures within AO zones shall either:

a. Have the lowest floor (including basement) elevated above the highest adjacent grade (within five feet) of the building site, to two feet above the depth number specified on the FIRM or three feet if no depth number is specified; or

b. Together with attendant utility and sanitary facilities, be completely floodproofed to or above two feet above the depth number specified on the FIRM or three feet 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 effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as in subsection (E) of this section.

3. Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

4. In AO zones, new and substantially improved accessory structures must comply with the standards in subsection (A)(7) or (8) of this section.

5. In AO zones, enclosed areas beneath elevated structures shall comply with the requirements in subsection (A)(5) of this section.

L. Tanks.

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

2. Above-ground tanks shall be installed to one foot above the base flood level or shall be anchored to prevent flotation, collapse, and lateral movement under conditions of the base flood.

3. Tanks 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. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1405 § 4 (Exh. B), 2019; Ord. 1397 § 4 (Exh. B), 2019; Ord. 1369 § 4 (Exh. B), 2016; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1167 § 5, 2002; Ord. 1094 § 6, 1998; Ord. 951 § 5, 1993; Ord. 863 § 5, 1990. UZ Ord. § 19.14.]

Where elevation data is generalized, such as the unnumbered A zones on the FIRM, conditional use permits shall include a review and determination that proposed construction will be reasonably safe from flooding and meet the flood protection standards. In determining whether the proposed floodplain development is reasonably safe, applicable criteria shall include, among other things, the use of historical data, high water marks, photographs of past flooding; or data (e.g., an engineering study or soil and landscape analysis) may be submitted by qualified professionals that demonstrate the site is not in a floodplain. In such cases, a letter of map amendment may be required by the zoning administrator. [Ord. 1405 § 4 (Exh. B), 2019; Ord. 1405 § 4 (Exh. B), 2019; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1094 § 6, 1998; Ord. 863 § 5, 1990. UZ Ord. § 19.15.]

A. A variance may be issued as part of the conditional use process 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 criteria in MCC 16.19.170.

B. Marion County shall notify the applicant in writing over the signature of the zoning administrator that:

1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance coverage; and

2. Such construction below the base flood level increases risk to life and property.

Such notification shall be maintained with a record of all variance actions as required in subsection (C) of this section.

C. Marion County shall maintain a record of all variance actions, including justification for their issuance. [Ord. 1405 § 4 (Exh. B), 2019; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1094 § 6, 1998; Ord. 863 § 5, 1990. UZ Ord. § 19.16.]

The following criteria shall be used to review variance applications:

A. Variances shall only be issued upon a showing that:

1. There is a good and sufficient cause;

2. Failure to grant the variance would result in exceptional hardship to the applicant;

3. 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 local laws;

4. The variance is the minimum necessary, considering the flood hazard, to afford relief;

5. The variance will be consistent with the intent and purpose of the provision being varied;

6. There has not been a previous land use action approved on the basis that variances would not be allowed;

7. The new construction or substantial improvement is not within any designated regulatory floodway, or if located in a floodway, no increase in base flood discharge will result; and

8. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use; provided, that the criteria of this subsection are met, and the structure or other development is protected by methods that will minimize flood damages during the base flood and create no additional threats to public safety. [Ord. 1405 § 4 (Exh. B), 2019; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1094 § 6, 1998; Ord. 863 § 5, 1990. UZ Ord. § 19.17.]

The degree of flood protection required by this overlay zone is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on occasion. Flood heights may be increased by manmade or natural causes. This zone 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. This zone will not create liability on the part of Marion County, any officer or employee thereof, or the Federal Insurance Administrator for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. [Ord. 1405 § 4 (Exh. B), 2019; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1094 § 6, 1998; Ord. 863 § 5, 1990. UZ Ord. § 19.18.]

The purpose of the GM (greenway management overlay) zone is to protect the natural, scenic and recreation qualities of lands along the Willamette River in Marion County; to preserve and allow the restoration of historical sites, structures and facilities along the Willamette River; to implement the goals and policies of the state of Oregon’s Willamette River Greenway Program; to implement goals and policies of Marion County’s Comprehensive Plan; and to establish standards and requirements for the use of lands within the Willamette River Greenway. [Ord. 863 § 5, 1990. UZ Ord. § 20.01.]

The provisions of this overlay zone shall apply to all lands within the Willamette River Greenway Boundary of Marion County as shown on the official zoning map. The boundary is shown in detail on aerial photo maps on file with the Marion County planning division and the county clerk. Interpretation of the exact location of the boundary shall be made by the zoning administrator from these photo maps. [Ord. 863 § 5, 1990. UZ Ord. § 20.02.]

Within the GM (greenway management overlay) zone a conditional use permit shall be required for all change or intensification of a use, establishment of structures and site alteration on land or water otherwise permitted in the underlying zone except for the following activities which are not subject to review in this overlay zone:

A. Customary dredging and channel maintenance conducted under permits from the state of Oregon.

B. Seasonal increases in gravel operations as provided under permit from the state of Oregon.

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

D. Activities to protect, conserve, enhance and maintain public recreational, scenic, historical and natural uses of public lands, as provided in MCC 16.35.100.

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

F. Farm uses.

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

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

I. Landscaping, propagation of timber, construction of driveways, and the construction or placement of accessory structures other than guest facilities; provided, that such activities are conducted in conjunction with uses already existing on the same property, are accomplished in a manner compatible with the purpose of this zone, and are located at least 30 feet upland from ordinary high water.

J. The partial harvesting of timber in accordance with a plan approval under the Forest Practices Act on lands upland beyond the vegetative fringe.

K. Water intakes and utilities in conjunction with an agricultural use and single-family residences.

L. Private docks and wharfs provided they are:

1. Not more than two feet above water level;

2. Do not include any plumbing or electrical services;

3. Are not more than 75 square feet in area for a facility serving one ownership, excluding boat wells; and

4. No more than 300 square feet in area for a facility serving two or more property ownerships, excluding boat wells. [Ord. 863 § 5, 1990. UZ Ord. § 20.03.]

Information contained in the application and supplied by the applicant shall include but not be limited to:

A. Plot plan showing the following:

1. The proximity of the activity to the Willamette River at low and high water level and the location of the top of the terrace bank.

2. The location of any existing vegetative fringe along the river bank or other significant vegetation.

B. Statements, drawings, or photos of the proposed external appearance of proposed activity as viewed from the river.

C. Statements demonstrating compliance with the provisions of this zone.

D. Any additional information determined by the zoning administrator to be necessary to demonstrate compliance with this zone. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 20.04.]

In reviewing an application for a greenway development conditional use permit, compliance with the following considerations and criteria shall apply:

A. Significant fish and wildlife habitats shall be protected.

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

C. Areas of ecological, scientific, historical or archeological 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 management 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 practical in order to assure scenic quality, protection of wildlife, protection from erosion and screening of uses from the river.

G. Only partial harvesting of timber shall be allowed. It shall be conducted in a manner consistent with the requirements under the Forest Practices Act. Wildlife habitat and the natural scenic qualities of the greenway shall be maintained or be restored. The extent or type of harvest shall be limited as necessary to satisfy the appropriate standards and criteria in this subsection. Harvesting shall only occur beyond the vegetative fringe.

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

I. Areas considered for development, change 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 management zone.

J. 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.

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

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

M. Except for water-related and water-dependent buildings and structures, buildings and structures shall be located 30 feet or more upland from the ordinary high water line, unless it can be shown that the parcel size makes meeting this requirement impossible, or significant natural features would be lost if the standard is met.

N. Public access to and along the river shall be considered 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 affects on adjoining property.

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

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

Q. Private docks and wharfs shall be limited to 300 square feet of area, excluding boat wells. The dock or wharf may be roofed provided the height does not exceed eight feet above water level and the support structure is not sight-obscuring. There shall not be more than one dock or wharf per lot. Walkways to the dock or wharf shall be not more than five feet wide.

R. Houseboats and houseboat moorages shall not be allowed in the greenway management overlay zone. [Ord. 863 § 5, 1990. UZ Ord. § 20.05.]

In addition to the request for comments provided in MCC 16.36.090(C) and notice required in Chapter 16.37 MCC, notice of decision approving conditional uses or adjustments in the greenway management overlay zone shall be sent to the Oregon Parks and Recreation Department in the same manner as required in Chapter 16.44 MCC for a person requesting notice of a decision in writing. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 20.06.]

The following definitions shall be used in administering this overlay zone:

A. “Change of use” means making a different use of the land 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. It 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. The sale of property is not in itself considered to be a change of use. An existing open storage area shall be considered to be the same as a building. 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.

B. “Intensification” means any additions which increase or expand the area or amount of an existing use, or the level of activity. Remodeling of the exterior of a structure not excluded below is an intensification when it will substantially alter the appearance of the structure. Maintenance and repair usual and necessary for the continuance of an existing use is not an intensification of use. Reasonable emergency procedures necessary for the safety or the protection of property are not an intensification of use. 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 an intensification for the purpose of this goal. Seasonal increases in gravel operations shall not be considered an intensification of use.

C. “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.

D. “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 quality in the goods or services offered. 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 trailer parks are not generally considered dependent on or related to water location needs.

E. “Vegetative fringe” means a line generally parallel with the water line at least 30 feet upland from the ordinary high water mark, including riparian and other vegetation, screening upland development or activity areas from visibility from the water surface in the summer months.

F. “Partial harvesting of timber” means a timber harvest that leaves at least 25 percent of the trees at least six inches DBH standing beyond the vegetative fringe. [Ord. 863 § 5, 1990. UZ Ord. § 20.07.]

The airport overlay zone is intended to minimize potential dangers from, and conflicts with, the use of aircraft at public use airports based on the adopted master plans or airport layout plans for each airport. This chapter is intended to comply with Federal Aviation Regulation (FAR) Part 77 and all other applicable federal and state laws regulating hazards to air navigation. [Ord. 863 § 5, 1990. UZ Ord. § 21.01.]

The following definitions shall apply in administering the airport overlay zone:

A. “Airport” means a public use airport which is open to the general public with or without a prior request to use the airport. Surfaces described in an approved airport master plan, or airport imaginary surfaces drawing, for a public use airport shall be included as a part of this definition.

B. “Airport elevation” means the highest point of an airport’s usable landing area measured in feet from mean sea level. This elevation above mean sea level shall be shown on the official zoning map.

C. “Airport hazard” means any structure, tree or use of land which exceeds height limits established by the airport imaginary surfaces.

D. “Airport imaginary surfaces” are established with relation to the airport and to each runway. The size of each such imaginary surface is based on the category of each runway according to the type of approach available or planned for that runway. The slope and dimensions of the approach surface applied to each end of a runway are determined by the most precise approach existing or planned for that runway end and shall be delineated on the official zoning map.

1. “Primary surface” means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; but when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of the primary surface of a runway will be that width prescribed in this section for the most precise approach existing or planned for either end of the runway. The width of a primary surface is:

a. Two hundred fifty feet for utility runways having only visual approaches.

b. Five hundred feet for utility runways having nonprecision approaches.

c. For other than utility runways the width is:

i. Five hundred feet for visual runways having only visual approaches.

ii. Five hundred feet for nonprecision instrument runways having visibility minimums greater than three-fourths of a statute mile.

iii. One thousand feet for a nonprecision instrument runway having a nonprecision instrument approach with visibility minimum as low as three-fourths of a statute mile, and for precision instrument runways.

2. “Approach surface” means a surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of each runway based upon the type of approach available or planned for that runway end.

a. The inner edge of the approach surface is the same width as the primary surface and it expands uniformly to a width of:

i. One thousand two hundred fifty feet for that end of a utility runway with only visual approaches.

ii. One thousand five hundred feet for that end of a runway other than a utility runway with only visual approaches.

iii. Two thousand feet for that end of a utility runway with a nonprecision instrument approach.

iv. Three thousand five hundred feet for that end of a nonprecision instrument runway other than utility, having visibility minimums greater than three-fourths of a statute mile.

v. Four thousand feet for that end of a nonprecision instrument runway, other than utility, having a nonprecision instrument approach with visibility minimums as low as three-fourths of a statute mile.

vi. Sixteen thousand feet for precision instrument runways.

b. The approach surface extends for a horizontal distance of:

i. Five thousand feet at a slope of 20 to one for all utility and visual runways.

ii. Ten thousand feet at a slope of 34 to one for all nonprecision instrument runways other than utility.

iii. Ten thousand feet at a slope of 50 to one with an additional 40,000 feet at a slope of 40 to one for all precision instrument runways.

c. The outer width of an approach surface to an end of a runway will be that width prescribed in this subsection for the most precise approach existing or planned for that runway end.

3. “Horizontal surface” means a horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is:

a. Five thousand feet for all runways designated as utility or visual.

b. Ten thousand feet for all other runways.

c. The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest determined for either end of the runway. When a 5,000-foot arc is encompassed by tangents connecting two adjacent 10,000-foot arcs, the 5,000-foot arc shall be disregarded on the construction of the perimeter of the horizontal surface.

4. “Transitional surface” means those surfaces which extend upward and outward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to the point of intersection with the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at a 90-degree angle to the extended runway centerline.

5. “Conical surface” means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet.

E. Clear Zone. The “clear zone” extends from the primary surface to a point where the approach surface is 50 feet above the runway end elevation.

F. Heliport Surfaces.

1. Heliport Primary Surface. The area of the primary surface coincides in size and shape with the designated takeoff and landing area of a heliport. This surface is a horizontal plane at the elevation of the established heliport elevation.

2. Heliport Approach Surface. The approach surface begins at each end of the heliport primary surface which has the same width as the primary surface, and extends outward and upward for a horizontal distance of 4,000 feet where its width is 500 feet. The slope of the approach surface is eight to one for civil heliports and 10 to one for military heliports.

3. Heliport Transitional Surfaces. These surfaces extend outward and upward from the lateral boundaries of the heliport primary surface and from the approach surfaces at a slope of two to one for a distance of 250 feet measured horizontally from the centerline of the primary and approach surface.

4. Heliport Instrument Procedure Surfaces. In addition to the surface prescribed above, heliports having an approved instrument procedure shall conform to the criteria for heliports set forth in the United States Standard for Terminal Instrument Procedures. Surfaces prescribed in an approved airport master plan shall be combined into the airport overlay zone.

G. “Hazard to air navigation” means an obstruction determined by the Federal Aviation Administration, or under OAR 836.300(2), to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

H. “Height” means the highest point of any structure as further defined in MCC 16.49.134.

I. “Larger than utility runway” means a runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds maximum gross weight and by jet-powered aircraft.

J. “Nonprecision instrument runway” means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.

K. “Obstruction” means any structure, tree or other object, including a mobile object, which extends, or which in the future may extend, above the imaginary airport surfaces as defined herein.

L. “Place of public assembly” means a structure or place which the public may enter for such purposes as deliberation, education, worship, shopping, entertainment, amusement, waiting transportation or similar activity.

M. “Precision instrument runway” means a runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport master plan.

N. “Runway” means a defined area on the airport prepared for landing and takeoff of aircraft along its length.

O. “Tree” means any natural vegetation.

P. “Utility runway” means a runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight and less.

Q. “Visual runway” means a runway intended solely for the operation of aircraft using visual approach procedures. [Ord. 863 § 5, 1990. UZ Ord. § 21.02.]

In order to carry out the provisions of this airport overlay zone, three airport development districts are provided within the airport overlay zone. The outside boundary of these districts is shown on the official zoning map. The airport master plan shall be used to identify the height limits applicable in each district and the boundaries between the districts.

A. Airport Development District. This district consists of those lands, waters and airspace above or below the primary, transitional and approach surfaces described in MCC 16.21.020.

1. Use Limitations. Any use, accessory use, building or structure otherwise allowed in the underlying zone shall be permitted provided the following requirements are satisfied:

a. Except as provided in subsection (D) of this section, no obstruction or object shall be permitted if it extends above the transitional and approach surfaces as defined in MCC 16.21.020.

b. Roadways, parking areas and storage areas associated with uses other than a single-family residence shall be located in such a manner that vehicle lights, illuminated signs, street lights or area illumination will not result in glare in the eyes of the pilots, or in any other way impair visibility in the vicinity of the runway approach.

c. Sanitary landfills, sewage lagoons or sewage sludge disposal shall not be permitted closer than 10,000 feet to the airport runway.

d. No game preserve or game reservation shall be permitted if the animals or birds have the potential to become a hazard to air navigation.

e. No place of public assembly shall be allowed except by a conditional use permit.

B. Horizontal Surface District. This district consists of the land, water and airspace above or below the horizontal surface as described in MCC 16.21.020.

1. Use Limitations. Any use, accessory use, building or structure allowed in the underlying zone shall be permitted provided the following requirements are satisfied:

a. Except as provided in subsection (D) of this section, no obstruction or object shall penetrate the horizontal surface as defined in MCC 16.21.020.

b. Sanitary landfills, sewage lagoons or sewage sludge disposal shall not be permitted closer than 10,000 feet to the airport runway.

C. Conical Surface District. This district consists of the land, water and airspace above or below the conical surface as described in MCC 16.21.020.

1. Use Limitations. Any use, accessory use, building or structure allowed in the underlying zone shall be permitted, provided the following requirements are satisfied:

a. Except as provided in subsection (D) of this section no obstruction or object shall penetrate the conical surface as defined in MCC 16.21.020.

D. Nothing in this overlay zone shall prohibit the construction or maintenance of any structure or growth of any tree to a height of 35 feet above the land. [Ord. 863 § 5, 1990. UZ Ord. § 21.03.]

A. An applicant seeking approval for any use or structure regulated by the airport overlay zone shall provide the following information:

1. A copy of the latest transfer document identifying the property boundaries.

2. Location and height of existing and proposed buildings, structures, utility lines and roads on the subject property.

B. Building permits may be issued only after the applicant has notified the Federal Aviation Administration in accordance with Federal Aviation Administration Regulation 77.13 on an FAA Form 7460-1, and the zoning administrator determines that the building or structure complies with MCC 16.21.030.

C. A conditional use permit shall be required for any use, or buildings and structures associated therewith, specifically identified in MCC 16.21.030; provided, that a conditional use permit is not required for specifically identified uses and associated buildings and structures subject only to defined standards.

D. Where a zone change, conditional use permit or adjustment is required, the Oregon Department of Aviation, and in the case of the Salem airport the airport superintendent, shall be notified of the proposal and be given an opportunity to comment, and be notified of any public hearing and the decision.

E. As a condition of approval for a zone change, conditional use or adjustment, an applicant proposing a structure or tree within the districts established by this airport overlay zone may be required to install, operate and maintain, at the owner’s expense, such markings and lights as may be required by the Oregon Department of Aviation to indicate to the operators of an aircraft the presence of the structure or tree. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 21.04.]

A. The regulations prescribed by the airport overlay zone shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of the ordinance codified in this title, or otherwise interfere with the continuance of the nonconforming use except as provided in subsection (C) of this section.

B. Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, otherwise permitted, the construction or alteration of which was begun prior to the effective date of the ordinance codified in this title.

C. The owner of an existing nonconforming structure or tree may be responsible to provide or permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Oregon Department of Aviation to indicate to the operators of aircraft the presence of such airport obstructions. Such markers and lights shall be installed, operated and maintained at the expense of the party determined to be responsible by the Oregon Department of Aviation under the provision of OAR 738-70-0100. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 21.05.]

The provisions of this overlay zone may be varied subject to the procedures and criteria for considering adjustments set forth in Chapters 16.37 and 16.41 MCC. An application for an adjustment shall be accompanied by a determination from the Federal Aviation Administration and Oregon Department of Aviation of the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Adjustments may be allowed where it is found that the proposal will not create a hazard to air navigation and will be in accordance with the purpose and intent of this overlay zone. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 21.06.]

The purpose of the limited use overlay zone is to reduce the list of permitted or conditional uses in a zone to those that are suitable for a particular location. Zones permit a number of uses without notification or opportunity for a hearing, because the uses are considered generally acceptable, although type and intensity of activity may vary. Zones also include conditional uses that may be permitted if certain criteria are met. However, on a particular property certain of these uses may conflict with adjacent land uses or may not be considered suitable for a particular site. Rather than deny a zone change because the proposed zone would allow an objectionable permitted or conditional use, the limited use overlay can be used to identify the appropriate uses and either require a conditional use permit for other uses normally permitted in the zone or delete objectionable permitted or conditional uses from the zone or to limit, modify or restrict a specific permitted or conditional use. It is the intent that the maximum number of acceptable uses be permitted so that the use of the property is not unnecessarily limited. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 22.01.]

When the limited use overlay zone is applied, the uses identified in the underlying zone shall be limited to those permitted or conditional uses specifically referenced in the ordinance adopting the limited use overlay zone. Until the overlay zone has been removed or amended, the only uses permitted on the property shall be those specifically referenced in the adopting ordinance. Uses that would otherwise be permitted, or permitted subject to a conditional use permit, may only be allowed if the list of permitted or conditional uses in the limited use overlay zone is amended or the limited use overlay zone is removed from the property. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 22.02.]

The limited use overlay zone is applied at the time the underlying zone is being changed or by legislative action by the Marion County board of commissioners. It shall not be necessary to mention in the hearing notice of a rezoning application that this overlay zone may be applied. The ordinance adopting the overlay zone shall include findings showing that:

A. No zone has a list of permitted and conditional uses where all uses would be appropriate;

B. The proposed zone is the best suited to accommodate the desired uses;

C. It is necessary to limit the permitted or conditional uses in the proposed zone; and

D. The maximum number of acceptable uses in the zone have been retained as permitted or conditional uses. The ordinance adopting the overlay zone shall by section reference, or by name, identify those permitted uses in the zone that become conditional uses and those permitted or conditional uses that are deleted from the underlying zone. A use description may be segmented to delete or require a conditional use for any aspect of a use that may not be compatible. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 22.03.]

The official zoning map shall be amended to show an LU suffix where the limited use overlay zone has been applied. [Ord. 863 § 5, 1990. UZ Ord. § 22.04.]

In addition to limiting the uses in the zone, the county may require approval of the location of buildings, access and parking, screening and other site planning considerations in order to ensure the compatibility of the permitted uses with the area. This requirement shall be added by specific reference in the adopting ordinance. The ordinance shall indicate any special concerns or locational requirements that must be addressed in the site plan and approved by the zoning administrator. [Ord. 863 § 5, 1990. UZ Ord. § 22.05.]

The purpose of the environmental hazards overlay zone is to protect the public health, safety, and environment by regulating future land development and uses of land on or adjacent to potentially hazardous disposal sites. [Ord. 863 § 5, 1990. UZ Ord. § 23.01.]

A. “DEQ” means the Oregon Department of Environmental Quality.

B. “Environmental hazard notice” means a document prepared by the DEQ and issued by the Environmental Quality Commission containing:

1. The legal description of the lot where the potentially hazardous site is located.

2. A specific description of the site, if different than the legal description of subsection (B)(1) of this section, for which the notice applies.

3. A general map of the area where the site is located.

4. A description of the types of waste and levels of contamination identified or known to be present at the site.

5. The DEQ-recommended use restrictions that apply to the site.

6. Findings which support the decision to issue an environmental hazard notice for the site.

C. “Potentially hazardous disposal site” means a site where an alteration could create a condition which is hazardous to the health, safety or welfare of the public.

D. “Site” means a land disposal site, a hazardous waste disposal site, a disposal site containing radioactive waste, or an area where a hazardous substance has been released. [Ord. 863 § 5, 1990. UZ Ord. § 23.02.]

A. The environmental hazards overlay zone shall be applied, or amended to increase or decrease the area of the zone, in accordance with the zone change procedures provided in Chapters 16.38 and 16.39 MCC. In lieu of the criteria for zone changes in MCC 16.38.050 and 16.39.050, the criteria for applying the environmental hazards overlay zone to a specific lot, or portion thereof, shall be as follows:

1. The county has received a new or modified environmental hazard notice from the DEQ, or the county finds that the lot includes a potentially hazardous disposal site.

2. The area of the proposed environmental hazards overlay zone is the minimum necessary to protect the public health, safety, and environment but is not smaller than the site identified in the environmental hazard notice.

3. The zone will minimize development activities and regulate existing or proposed uses which could otherwise increase public or environmental exposure to the potential environmental hazard.

B. In lieu of the criteria for zone changes in Chapter 16.38 or 16.39 MCC, removal of a site or a portion thereof from the environmental hazards overlay zone shall be based on a finding that a notification sent to the county by the DEQ indicates that the environmental hazard notice for the subject site or portion thereof has been withdrawn, or where no environmental hazard notice has been provided to the county, the criterion in subsection (A)(1) of this section no longer applies.

C. Notification shall be provided to the Director of the DEQ not less than 21 days before the final date for submission of information regarding the proposed adoption, amendment or removal of the environmental hazards overlay zone. If no DEQ comments are received before the final action is taken, the DEQ shall be deemed to have no comment on this action.

D. The ordinance applying the environmental hazards overlay zone to a site, or a conditional use issued concurrently with the zone change, shall include conditions or limitations pursuant to MCC 16.23.070 necessary to ensure that existing uses are consistent with the criteria in MCC 16.23.060. [Ord. 863 § 5, 1990. UZ Ord. § 23.03.]

A. Notwithstanding the nonconforming use provisions in Chapter 16.48 MCC, any new use or activity or modification to an existing use or activity in the environmental hazards overlay zone shall require a conditional use permit unless the zoning administrator determines in writing that the use is consistent with the use restrictions in the environmental hazard notice or any other conditions or limitations imposed by the county in applying the environmental hazards overlay zone. Conditions shall be imposed pursuant to MCC 16.23.070 in approving a conditional use permit.

B. A conditional use permit may be issued to cover more than one use or activity.

C. In addition to information generally required for conditional use permit applications, the applicant shall include any special studies needed to address the applicable review criteria.

D. The Director of DEQ shall be notified by certified mail of the receipt of a permit application in the environmental hazards overlay zone not less than 21 days before the final date for submission of information. This notification to the DEQ shall include a description of the use, the proposed location of the use, and the name of the local government contact person. If no DEQ comments are received before final action is taken, the DEQ shall be deemed to have no comment on the application.

E. The planning division shall provide written notification to all owners/occupants of property within the notification area and to all other persons requesting such notice in writing, as provided for conditional use permits. If the zoning administrator determines that other properties may be affected, notice to owners of these properties may also be provided.

F. In addition to the above procedures, applications shall be processed in accordance with the procedures in Chapters 16.35 through 16.47 MCC. [Ord. 863 § 5, 1990. UZ Ord. § 23.04.]

All uses and activities allowed in the environmental hazards overlay zone shall be the same as those allowed in the underlying zones except as otherwise limited or prohibited by this chapter. Where the provisions of an underlying zone conflict with those of the environmental hazards overlay zone, the more restrictive provisions shall apply. [Ord. 863 § 5, 1990. UZ Ord. § 23.05.]

In lieu of the criteria in Chapter 16.40 MCC for conditional uses, the following review criteria shall be satisfied. Approval of a conditional use permit required by the environmental hazards overlay zone:

A. Will not cause or create any conditions which, if not controlled, would likely result in the failure of the final cover, liners or any other components of the site’s containment and monitoring system; and

B. Will not significantly increase the potential hazard to human health, safety, or the environment, or is necessary to reduce the overall threat to human health or the environment; and

C. The use has been modified to the extent necessary to address any concerns raised by the DEQ pursuant to the notice provided to the DEQ under MCC 16.23.040; and

D. The use is consistent with the restrictions in the DEQ environmental hazard notice. [Ord. 863 § 5, 1990. UZ Ord. § 23.06.]

In applying the environmental hazards overlay zone or approving a conditional use permit in the environmental hazards overlay zone, conditions shall be imposed requiring compliance with the use restrictions in the DEQ environmental hazard notice. Additional conditions may be imposed if deemed reasonable and appropriate for protecting public health, safety, and the environment. These conditions may be based upon, but are not limited to:

A. The findings or recommendations of any special studies pertaining to the property.

B. Comments or recommendations provided by the DEQ under MCC 16.23.040.

C. Comments or recommendations submitted by the public or other governmental agencies.

D. The review criteria contained in MCC 16.23.060. [Ord. 863 § 5, 1990. UZ Ord. § 23.07.]

The degree of protection required by this chapter is considered reasonable for land use purposes. Risks to public health, safety, and the environment may result due to unanticipated human-caused or natural events which may disturb or affect the integrity of the site. Marion County does not regulate the maintenance or operation of hazardous activities or sites.

This chapter does not imply that uses or activities allowed on property in the environmental hazards overlay zone will be free from risk or hazard. Similarly, this chapter does not imply that there are no other potentially hazardous sites outside the area covered by the environmental hazards overlay zone.

No person shall rely on the environmental hazards overlay zone or any other decision lawfully made thereunder by the county or its employees to determine any use or activity allowed on the property is safe or free from risk or hazard. [Ord. 863 § 5, 1990. UZ Ord. § 23.08.]

The purpose of this chapter is to implement the development limitations goals and policies of the rural development section of the Marion County Comprehensive Land Use Plan, and Statewide Land Use Planning Goal 7 – Areas Subject to Natural Disasters and Hazards. This chapter implements the strategy for reviewing development applications for properties within identified slide hazard and excessive slope areas to address the risk that a proposed land use activity may adversely affect the stability and landslide susceptibility of an area. The provisions of this chapter are intended to manage the risk of a landslide within identified slide hazard and excessive slope areas by requiring geological and/or geotechnical reports, but not act as a guarantee that the landslide hazard risk will be eliminated.

Landslide hazard and excessive slope areas constitute geologically hazardous areas of special concern to residents of the county. The intent of this chapter is to protect these hazard areas of the county by requiring professional evaluation and establishing requirements for development of sites which are identified in hazard areas, and thus promote the public health, safety, and welfare. [Ord. 1128 § 5, 2001. UZ Ord. § 24.01.]

The following definitions apply to this chapter only, and have no applicability to the same terms used in other chapters of this title, unless specifically stated.

A. “Certified engineering geologist” is any registered geologist who is certified in the specialty of engineering geology under provisions of ORS 672.505 through 672.705.

B. “Clearing” is the cutting, moving on the site, or removal of standing or fallen timber, the removal or moving on site of stumps; or the cutting and removal of brush, grass, ground cover, or other vegetative matter from a site in a way which exposes the earth’s surface of the site. In addition to the above, clearing is an activity which does not require reforestation per an approved forest practices application and/or notification issued by the Department of Forestry.

C. “Development area” is the total area of alteration of the naturally occurring ground surface resulting from construction activities whether permanent or temporary.

D. “Engineering geology report” is a report prepared by a certified engineering geologist. An engineering geology report must provide a detailed description of the geology of the site, professional conclusions and recommendations regarding the effect of geological conditions on the proposed development, and opinions and recommendations covering the adequacy of the site to be developed. An engineering geology report must be prepared in accordance with the “Guidelines for Preparing Engineering Geology Reports in Oregon” adopted by the Oregon State Board of Geologist Examiners. The engineering geology report may be incorporated into or included as an appendix to the geotechnical report.

E. “Erosion” is the wearing away of the earth’s surface as a result of the movement of wind, water, or ice.

F. “Excavation” is any act by which earth, sand, gravel, rock or any similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated, or bulldozed, including the conditions resulting therefrom.

G. “Excessive slope areas” are areas with mapped slopes greater than 20 percent.

H. “Fill” or “backfill” is a deposit of earth or other natural or manmade material placed by artificial means. “Filling” means the act of placing fill on any geologically hazardous area including temporary stockpiling of fill.

I. “Geological assessment” is an assessment prepared and stamped by a certified engineering geologist detailing the surface and subsurface conditions of a site, delineating areas of a property that may be subject to specific geologic hazards, and furnishing professional analysis of information to assess the suitability of the site for development. Geological assessment must be prepared in accordance with the report requirements identified in this chapter. The geological assessment may be incorporated into or included as an appendix to the geotechnical report.

J. “Geologically hazardous areas” are areas identified on the county zoning maps that, because of their susceptibility to landslide, erosion or other geological events, may have inherent geologic constraints relevant to the siting of commercial, industrial, or residential development consistent with public health or safety concerns. These concerns may be mitigated by special considerations in siting, design, or construction.

K. “Geotechnical engineer” is a professional engineer registered in the state of Oregon as provided by ORS 672.002 through 672.325, who by training, education, and experience, is qualified in the practice of geotechnical or soils engineering practices.

L. “Geotechnical report” is a report prepared and stamped by a geotechnical engineer evaluating the site conditions and recommending design measures necessary to reduce the risks associated with development and to facilitate a safe and stable development. A geotechnical report must be prepared in accordance with the report requirements identified in this chapter. A geological assessment or engineering geology report may be incorporated into or included as an appendix to the geotechnical report.

M. “Grading” is the act of excavating and filling of the earth’s surface.

N. “Landslide” is the downslope movement of soil, rocks, or other surface matter on a site. Landslides may include, but are not limited to, slumps, mudflows, earthflows, debris flows, and rockfalls.

O. “Landslide hazard areas” are areas identified on county zoning maps that are susceptible to ground movement due to a combination of geologic, topographic, and hydrologic factors.

P. “Mitigation” is action designed to reduce risk posed by geologic hazards through specific design, siting or avoidance.

Q. “Registered geologist” is a person who is registered as a geologist under the provisions of ORS 672.505 through 672.705.

R. “Regulated activities” are activities occurring in a geologically hazardous area that are subject to the provisions of this chapter. Regulated activities generally include but are not limited to any filling, dredging, dumping or stockpiling, draining, excavation, flooding, and construction or reconstruction.

S. “Slope” is an inclined earth surface, the inclination of which is expressed as the ratio of horizontal (H) distance to vertical (V) distance. In these regulations, slopes are expressed as a percentage, with percentage of slope referring to a given rise in elevation over a given run in distance, multiplied by 100. A 40 percent slope, for example, refers to a 40-foot rise in elevation over a distance of 100 feet (V/H x 100). A 100 percent slope equals a 45-degree angle. Slopes are measured across a horizontal rise and run calculation within any horizontal 25-foot distance. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1128 § 5, 2001. UZ Ord. § 24.02.]

The provisions of this chapter shall apply to all phases of development altering the physical landscape of lands within the landslide hazard and excessive slope areas as shown on the official county zoning maps and as designated or identified as landslide hazard areas by the county where information provided by a licensed geologist, geological report, hazard inventory, or landslide hazard studies indicate an elevated hazard risk exists.

The presence of landslide hazard and excessive slope areas and the applicability of the provisions of this chapter are determined by the classification criteria and categories established for these hazard areas as detailed on the maps adopted as part of this chapter. The maps indicate the location of areas susceptible to landslides, areas of known landslide hazards, and excessive slope areas. These maps are based on the best available information and may be amended based upon receipt of corrected, updated or refined data, or upon the revision of studies upon which the maps were initially based.

In the event of any conflict between the location, designation, or classification of a landslide hazard area shown on the county maps and the classification categories of this chapter, the categories and the determination of the geological assessment or report shall prevail. The county shall make the final decision as to whether a lot or parcel is within or outside the mapped hazard areas. A lot or parcel that is both in and out of the hazard area shall be subject to the provisions of this chapter only if the proposed development on the lot or parcel is within the mapped hazard area. Within the mapped hazard areas, an applicant may demonstrate through submittal of a geological assessment that the proposed development will not occur within an identified landslide hazard or excessive slope area, and then the requirements of this chapter may be waived. [Ord. 1128 § 5, 2001. UZ Ord. § 24.03.]

A. Regulated Activities and Uses. The county shall grant approval to alter the condition of any land, water or vegetation, or to construct or alter any structure or improvement including, but not limited to, the following regulated activities within identified landslide hazard and excessive slope areas and as permitted in the underlying zone and applicable overlay zones, after receipt of an approved site assessment, engineering geology report, or geotechnical report as required by this chapter that concludes development does not pose an elevated hazard risk to property.

1. Building permits: buildings customarily provided in conjunction with farm use, residential, commercial, or industrial uses;

2. Excavation;

3. Filling;

4. Subdivisions, partitions, planned unit developments (PUDs), mobile home parks, and recreational vehicle (RV) parks;

5. Construction, reconstruction, or alteration of the size of any structure of public infrastructure;

6. Location, construction, reconstruction, and maintenance of on-site sewage disposal systems including drainage, where there is a need to review and investigate test pits;

7. Construction of any new public or private road or driveway;

8. Construction or enlargement of ponds;

9. Grading activities for all phases of development pursuant to provisions of the International Building Code – the Oregon Structural Specialty Code adopted and applied by the county.

B. Exemptions. The following activities and uses are exempt from provisions of this chapter:

1. Activities and uses conducted pursuant to the Oregon State Forest Practices Act and its rules and regulations, where state law specifically limits local authority, except with regard to development and conversions requiring local approval when the county is the lead agency for environmental review and permits;

2. Existing and ongoing agricultural activities and uses;

3. Maintenance, operation, reconstruction of existing public and private roads, streets, driveways, utility lines, and existing structures; provided, that reconstruction of any such facilities does not extend outside the previously disturbed area;

4. Installation, construction or replacement of utility lines in improved county rights-of-way, not including electric substations;

5. Maintenance of ground cover or other vegetation in a landslide hazard area that was disturbed prior to the adoption of this chapter; provided, that no further disturbance is created outside the previously disturbed area;

6. Site investigative work required by a city, county, state or federal agency, or any other applicant such as surveys, test borings, percolation tests, and other related activities provided disturbed areas are restored to the pre-existing conditions promptly after tests are concluded;

7. Passive recreational uses, hunting, scientific or educational review, or similar minimum impact, nondevelopment activities;

8. Emergency actions which must be undertaken immediately or for which there is insufficient time for full compliance with this chapter when it is necessary to:

a. Prevent an imminent threat to public health or safety; or

b. Prevent imminent danger to public or private property; or

c. Prevent an imminent threat of serious environmental degradation;

9. A residential building permit for a lot or parcel which was subject to previous reports and assessments as required under the ordinance provisions in effect at the time;

10. Existing development, activities and uses involving permit or land use approvals prior to the adoption of the provisions of this chapter. [Ord. 1128 § 5, 2001. UZ Ord. § 24.04.]

The level of geological review and procedural requirements for regulated development activities and uses are related to geologic and physiographic conditions and the type of development activity for a property. Development activities and uses having the greatest potential for impacting public safety and property, and that are located on lands with an elevated landslide hazard, have the strictest review and development requirements.

The Graduated Response Table 16.24-1 (Parts I through VI) shall be used to determine the level of site investigation for various types of regulated activity on property, any portion of which is shown on the landslide hazard and excessive slope area maps. Using a rating system, slope and physiographic conditions at the site are evaluated in relationship to a proposed activity. If a rating meets or exceeds quantified thresholds provided in the table, a geological assessment, engineering geology report, or geotechnical report or a combination thereof shall be provided by the applicant and actions specified in the report(s) undertaken and ensured before any regulated activity may be permitted or approved. Where any portion of the property on which regulated activities are proposed is identified under two slope conditions or two or more physiographic and geologic categories, the highest condition or category will apply.

The Graduated Response Table (Part VI) provides the following landslide risk assessment, investigation, and review requirements for identified hazard areas and regulated activities:

A. For low landslide risk assessments (Category A), all regulated activities may proceed without further investigation, permitting, or approval requirements of this chapter.

B. For moderate landslide risk assessments (Category B), a geological assessment shall be submitted. If the geological assessment indicates landslide hazards pose an elevated risk on the site or where mitigation measures are necessary to safely undertake a regulated activity, the high landslide risk assessment (Category C) requirements shall be met. If the geological assessment indicates that no mitigation measures are necessary to safely undertake the regulated activity, the activity may proceed without further requirements of this chapter.

C. For high landslide risk assessments (Category C), an engineering geology report and/or a geotechnical report shall be submitted for all regulated activity. The geological assessment or engineering geology report may be incorporated into or included as an appendix to the geotechnical report.

Table 16.24-1 – Graduated Response Table

Directions:

Step 1. Select one assigned point value from PART I and proceed to PART II.

Step 2. Select one assigned point value from PART II and proceed to PART III.

Step 3. Select one assigned point value from PART III and proceed to PART IV.

Step 4. Select one assigned point value from PART IV and Proceed to PART V.

Step 5. Add subtotals from PARTS I, II, III, and IV. Proceed to PART V.

Step 6. Determine Landslide Hazard Risk.

[Ord. 1128 § 5, 2001. UZ Ord. § 24.05.]

Development permits for regulated activities and uses within identified landslide hazard and excessive slope areas shall be reviewed for compliance with this chapter. Applications for regulated activity permits or approvals required by the zoning code shall be deemed complete upon the submittal and approval of a geological assessment, engineering geology report or geotechnical report as required by this chapter.

In order for the county to accept a geological assessment, engineering geology report, or a geotechnical report from an applicant pursuant to this chapter, the assessment or report shall be prepared and stamped by a licensed professional with the necessary expertise to prepare a report meeting the requirements of this chapter.

The required geological assessment, engineering geology report or geotechnical report for regulated activities and uses within risk assessment Categories B and C of the Graduated Response Table shall be reviewed and accepted through the peer review process before any regulated activity will be allowed. The review will be conducted by a professional or professional firm of the county’s choice, that meets the qualifications listed in this chapter. The review will be at the applicant’s expense.

The board will establish a fee for the review of geological and geotechnical reports for regulated activities and uses.

Review of report submittals shall include examination to ensure that the following criteria are met:

A. Required elements are completed;

B. Geologic report procedures and assumptions are accepted;

C. All conclusions and recommendations are supported and reasonable.

Conclusions and recommendations stated in an approved assessment or report shall then be directly incorporated as permit conditions or provide the basis for conditions of approval for the regulated activity or use.

Where an approved assessment or report as defined and required by this chapter has been prepared within the last five years for a specific site, and where the proposed land use activity and surrounding site conditions are unchanged, that report may be utilized and a new report is not required. Should environmental conditions associated with the site or surrounding the site change, or if the proposed land use activity or development has materially changed, the applicant shall submit an amendment to the required assessment or report, which shall be reviewed and approved through the peer review process. [Ord. 1128 § 5, 2001. UZ Ord. § 24.06.]

A geological assessment, engineering geology report, or geotechnical report under the provisions of this chapter is a privately funded report created at the request of a property owner to meet a development requirement, and is not a land use action. As such, the assessment or report has no appeal process associated with its publication or acceptance by the county. [Ord. 1128 § 5, 2001. UZ Ord. § 24.07.]

Before a building permit is issued for property in a landslide hazard or excessive slope area as identified and regulated in this chapter, the property owner shall record a declaratory statement with the county clerk that the property and the approved development lies within a landslide hazard or excessive slope area as defined by this chapter. The statement shall indicate that restrictions on use or the alteration of the site may exist due to natural conditions of the site and resulting regulation, and that all approved assessments or reports for such property are on file with the county. [Ord. 1128 § 5, 2001. UZ Ord. § 24.08.]

No regulated activity or use requiring an engineering geology report or geotechnical report shall receive final approval and/or occupancy until the county receives a written statement from the professional preparing the report that all performance, mitigation, or monitoring measures contained in the approved report are completed, in place, and operable. [Ord. 1128 § 5, 2001. UZ Ord. § 24.09.]

The county is authorized to make site inspections and take such actions as necessary to enforce the provisions of this chapter. A county representative may enter onto private property with the consent of the owner or occupant or pursuant to warrant. The county shall have the authority to order restoration, rehabilitation or replacement measures to compensate for the destruction or degradation of identified landslide hazard and excessive slope area lands at the property owner’s expense. Any development carried out contrary to the provisions of this chapter shall constitute a public nuisance and pose a risk to the public health, safety and welfare. [Ord. 1128 § 5, 2001. UZ Ord. § 24.10.]

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this regulation or the application of the provision to other persons or circumstances shall not be affected. [Ord. 1128 § 5, 2001. UZ Ord. § 24.11.]

The following uses, facilities and activities, whether primary, accessory, secondary or temporary, are permitted in all zones subject to compliance with the requirements in Chapter 16.24 MCC and Chapters 16.26 through 16.34 MCC, except when specifically prohibited or when a conditional use is required in the applicable primary or overlay zones:

A. Public rights-of-way and easements existing at the time of adoption of this title, including public streets, roads, utilities and road signs installed by a public agency located therein.

B. Expansion and realignment of existing right-of-way and easements, including improvement and construction of streets, roads and utilities in conformance with the applicable comprehensive plan and the standards of the department of public works. Street right-of-way shall not be expanded to a greater width than twice the special setback in MCC 16.27.210 unless the expansion is necessary to include cut and fill slopes. Realignment shall not create any new parcels.

C. Establishment of new public right-of-way and easements, including construction of streets, roads and utilities in conformance with the applicable comprehensive plan, the standards of the department of public works, and the provisions of Chapter 16.33 MCC. Street right-of-way shall not be greater in width than twice the special setback in MCC 16.27.210 unless the greater width is necessary to include cut and fill slopes.

D. Railroad tracks and related structures and facilities located within rights-of-way controlled by railroad companies.

E. Use of nongeothermal groundwater, natural or manmade waterways and impoundments, and related structures and facilities for supply associated with permitted uses.

F. Creation, restoration, or enhancement of wetlands as defined in ORS 197.015(17).

G. Condominium* buildings. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 25.10.]

The following secondary and accessory uses and structures shall be permitted on a lot with a primary use and are subject to the limitations and requirements in Chapters 16.24, 16.25, 16.26, 16.27, and 16.28 MCC, and the requirements in any applicable overlay zone:

A. The following accessory structures and uses are permitted on a lot in any zone in conjunction with a permitted dwelling or mobile home:

1. Decks and patios (open, covered, or enclosed);

2. Storage building for firewood, equipment used in conjunction with dwelling and yard maintenance, personal property (except vehicles) not in conjunction with any commercial or industrial business other than a home occupation;

3. Vegetable gardens, orchards and crop cultivation for personal use, including greenhouses. No sale of produce is permitted;

4. Sauna;

5. Hobby shop;

6. Shelter for pets;

7. Fallout shelters;

8. Swimming pools and hot tubs;

9. Guest facility*:

a. Only one guest facility is allowed per contiguous property ownership; and

b. Total combined maximum floor area shall not exceed 600 square feet, including all levels and basement floor areas; and

c. No stove top, range, or conventional oven is allowed; and

d. All water, sewer, electricity and natural gas services for the guest facility shall be extended from the primary dwelling services; no separate meters for the guest facility shall be allowed; and

e. The guest facility shall be located within 100 feet of the primary use dwelling on the same property measured from the closest portion of each structure; and

f. The guest facility shall use the same septic system as the primary use dwelling, except when a separate system is required by the building inspection division due to site constraints, or failure of the existing system, or where the size or condition of the existing system precludes its use, additional drain lines may be added to an existing system, when appropriate; and

g. The guest facility shall not be occupied as a dwelling unit; and

h. The guest facility shall not have an address;

i. Declaratory statement shall be recorded requiring compliance with the standards in this subsection;

10. Rooming* or boarding* of up to two persons in a dwelling;

11. Pets*, provided a conditional use permit is required if there are more than 10 mammals over four months old. No birds or furbearing animals, other than pets, and no livestock, or poultry, other than hens as outlined in Chapter 6.15 MCC, are permitted in residential zones;

12. Beekeeping as outlined in MCC Title 6 (Animals);

13. One recreational vehicle space* (see MCC 16.26.410);

14. One additional kitchen in a single-family dwelling, subject to the filing of a declaratory statement;

15. Offering to sell five or less vehicles* owned by the occupants of the dwelling in any calendar year;

16. Garages* and carports* for covered vehicle parking;

17. Child foster home*;

18. Sleeping quarters for domestic employees of the resident of the dwelling or mobile home.

B. Fences are a permitted accessory or secondary use in all zones subject to the requirements in Chapter 16.28 MCC.

C. Transit stop shelters and school bus stop shelters are a permitted secondary use in all zones. Shelters shall not be located within a required vision clearance area and shall not be located more than 10 feet from a street right-of-way.

D. Parking of vehicles in a structure or outdoors is a permitted accessory use in conjunction with a dwelling in any zone provided:

1. The vehicles are owned by the occupant of the lot or domestic employees of the occupant; and

2. Vehicles parked outdoors in a residential zone may be parked in a space within the front yard meeting the requirements for required parking in MCC 16.30.140; or they may be parked elsewhere on the lot where accessory buildings are permitted provided the parking area is screened by a six-foot-high sight-obscuring fence, wall or hedge from other lots in a residential zone. On a lot in the RS zone, not more than three vehicles shall be parked within required yards adjacent to streets; and

3. Vehicles parked on a lot in a residential zone shall be for the personal use of the occupants of the dwelling or the personal use of an employee of an approved conditional use home occupation. One vehicle used in conjunction with other employment may be parked on the lot; provided, that in the RS, RL, and RM zones the vehicle shall be parked in an enclosed structure if it is rated at more than one ton capacity.

E. One manager’s office of 200 square feet or less for rental of dwellings is a permitted accessory use in the RL and RM zones.

F. Mobile classrooms and dormitories* for students are a permitted accessory use in conjunction with public or private elementary and secondary schools (SIC 8211).

G. Parsonage in conjunction with a religious organization*.

H. Subject to the requirements in subsection (H)(2) of this section, uses permitted outright in certain zones are permitted as an accessory use in a more restrictive zone as follows:

1. Uses permitted in MCC 16.05.010 of the CO zone are allowed as an accessory use in the RM zone when the lot is contiguous to a commercial zone. Uses permitted in MCC 16.06.010 of the CR zone, other than a medical marijuana dispensary*, are an accessory use in the CO zone. Uses permitted in MCC 16.07.010 of the CG zone are allowed as an accessory use in the CR zone. Uses permitted in MCC 16.11.010 of the IG zone are permitted as accessory uses in the IP zone.

2. Requirements.

a. The area occupied by accessory uses permitted in subsection (H)(1) of this section shall not exceed 40 percent of the area occupied by uses permitted outright or conditionally in the primary or overlay zones.

b. Any development requirements in Chapters 16.24 and 16.26 through 16.34 MCC shall be met for the accessory use as if it was a primary use.

c. The accessory use shall be located on the same lot as the primary use and any structures associated with the accessory use shall be owned or leased by the owner of the primary business.

d. The allowance of accessory uses in a more restrictive zone shall not be considered a basis for a zone change to a less restrictive zone.

I. Parking of vehicles in a structure or outdoors is a permitted accessory or secondary use in the CR, CG, HC, IC, IP, P, and UT zones provided:

1. The vehicles are owned by the occupant of the lot or employees of the occupant;

2. If vehicles are stored outdoors, the parking area is enclosed by a six-foot-high sight-obscuring fence, wall, hedge or berm; surfaced as required in MCC 16.30.210; and lighting complies with MCC 16.30.220; and

3. If vehicles are parked outdoors, the vehicles shall be operational, used in conjunction with the primary use of the lot, and if more than one vehicle is parked, the area is screened by a six-foot-high sight-obscuring fence, wall or hedge from lots in residential zones and from streets.

J. Drop stations* are permitted in CR, CG and HC zones.

K. One manager’s office for rental of space in an industrial zone provided the office is within a development with at least 10 separately rentable buildings.

L. Retail sales or offices in a building in conjunction with a use in an industrial zone provided:

1. The floor area of the retail sales or offices shall not be more than 30 percent of the floor area of the industrial use;

2. The development requirements in Chapters 16.24 and 16.26 through 16.34 MCC are met for the accessory use as if it was a primary use; and

3. The accessory use shall be located on the same lot as the primary use and the building shall be owned or leased by the industrial business owner.

M. Accessory and secondary uses not otherwise permitted may be allowed as a conditional use provided the use is consistent with the definition of accessory or secondary and is compatible with the purpose of the zone and land uses on adjacent lots.

N. A solar photovoltaic energy system or solar thermal energy system is permitted on residential and commercial structures, provided:

1. The installation of the system will not increase the footprint of the structure or peak height of the portion of the roof on which the system is installed; and

2. The system will be mounted so that the plane of the system is parallel to the slope of the roof; and

3. Installations on historic buildings or landmarks, on buildings in a historic district, on conversation landmarks, or on buildings located in an area designated as a significant scenic resource shall be constructed of material designated as either anti-reflective or less than 11 percent reflective.

O. One accessory dwelling unit provided as follows:

1. In a single-family residential or urban development zone, an interior, attached or detached accessory dwelling unit subject to the standards in MCC 16.26.100;

2. In an urban transition zone, an interior or attached accessory dwelling unit subject to the standards in MCC 16.26.100;

3. The area of the parcel containing an ADU cannot be divided from the area of the parcel containing the main dwelling;

4. A property owner constructing an ADU shall record a deed restriction acknowledging the use and development standards in this subsection and MCC 16.26.100;

5. A recreational vehicle is not permitted to be used as an ADU;

6. ADUs are exempted from the density standards in MCC 16.27.050;

7. An existing, nonconforming ADU may be determined to be conforming through the adjustment process provided for in Chapter 16.41 MCC; and

8. As used in this subsection, interior means construction inside a dwelling or attached garage; attached means an addition to a dwelling or attached garage or a new structure constructed within five feet of a dwelling or attached garage; detached means an existing or new structure, including manufactured dwelling, located more than five feet from a dwelling or attached garage. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1408 § 4 (Exh. A), 2019; Ord. 1397 § 4 (Exh. B), 2019; Ord. 1382 § 4 (Exh. B), 2017; Ord. 1372 § 4 (Exh. A), 2016; Ord. 1369 § 4 (Exh. B), 2016; Ord. 1360 § 4 (Exh. A), 2015; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 25.20.]

The following temporary uses shall be permitted subject to the following limitations and requirements and the requirements in applicable overlay zones:

A. Outdoor amusements, Christmas trees or fireworks sales, specialty sales and services from a vehicle or temporary structure, outdoor display and sale of flowers or other specialty items, are permitted as secondary uses in CR, CG and HC zones provided each activity is located on the same lot for no more than 60 days in any calendar year, does not reduce required parking for primary uses on the same lot to less than required in MCC 16.30.170, or create traffic congestion at driveway entrances or in parking aisles.

B. Mobile offices and temporary structures to house personnel and store equipment during construction provided the office is not used as a dwelling.

C. Temporary roadside stands in conjunction with a farm use provided:

1. Sales are limited to produce grown in Marion County;

2. At least 51 percent of the produce is grown on the premises;

3. One off-street parking space is provided for each 100 square feet of floor area; and

4. The roadside stand is operated for no more than six months in any calendar year and only between official sunrise and sunset.

D. Outdoor activities in the P and UT zones where entertainment, food or recreation or overnight camping will be made available to not more than 250 people for less than 24 hours. If more than two events are held on the same property during a calendar year, a conditional use shall be required as provided in subsection (G) of this section.

E. Storage of mobile home* on a lot for not more than one year where the mobile home is or has been a permitted use and the mobile home is offered for sale; provided, the mobile home is not used for sleeping, eating or restroom purposes.

F. Garage sales and yard sales in any residential zone, and auctions in commercial and industrial zones, provided there are not more than three sales in a calendar year with each sale not to exceed three consecutive days. All display of merchandise to remain on private property.

G. Temporary uses that do not meet the limitations identified in this section and other temporary uses not addressed herein may be approved as a conditional use as provided in Chapter 16.40 MCC subject to meeting the following criteria:

1. The temporary use is compatible with the purpose of the zone and adjacent land uses.

2. The temporary use will have adequate public services to maintain the public health and safety.

3. The operator of the temporary use has signed an agreement with the department of community development regarding termination of the use consistent with the time limitations established in the conditions of approval.

4. Temporary outdoor activities where entertainment, food, recreation or overnight camping are available to the general public shall only be allowed in the P and UT zones. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 25.30.]

Certain uses are subject to specific standards in addition to those applicable to permitted uses in a particular zone. The standards can be clearly defined so that a conditional use permit review process is unnecessary for uses that can meet the standards. The standards set forth in this chapter apply where the particular use is identified as a permitted use in a particular zone and the applicable section in this chapter is referenced. If the special standards are referenced for a conditional use the standards are intended as guidelines and can be modified or eliminated if the evidence shows that the proposed use, as conditioned, will meet the applicable criteria for approval.

The standards in this chapter are in addition to the use and development standards generally applicable in the zone unless specifically exempted by the provisions of this chapter. Where the use and development standards herein impose a standard higher than the other applicable standards, the higher standard shall be applied. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.01.]

A single-family mobile home on a lot in a subdivision designated by the developer for mobile home use shall meet the following use and development standards:

A. In zones other than the RS zone the mobile home shall be:

1. Manufactured after June 15, 1976, and exhibit the Oregon Department of Commerce “Insignia of Compliance” that indicates conformance with Federal Housing and Urban Development Standards; or

2. Manufactured after January 1, 1962, and prior to June 15, 1976, and meet the construction requirements of Oregon Mobile Home Laws in effect at the time of manufacture; and

3. Repealed by Ord. 1454;

4. Located on a lot in a subdivision platted and designated for mobile home use after the effective date of the ordinance codified in this title.

B. In the RS zone the mobile home shall be:

1. Manufactured after June 15, 1976, and exhibit the Oregon Department of Commerce “Insignia of Compliance” that indicates conformance with Federal Housing and Urban Development (HUD) standards; and

2. Repealed by Ord. 1454;

3. Repealed by Ord. 1454;

4. Repealed by Ord. 1454;

5. Located on a lot in a subdivision platted and designated for mobile home use after the effective date of the ordinance codified in this title. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.02.]

A single-family manufactured home on a lot shall meet the following use and development standards:

A. Be manufactured after June 15, 1976, and exhibit the U.S. Housing and Urban Development (HUD) certification label pursuant to OAR 918-500-450(2); and

B. Repealed by Ord. 1454;

C. Repealed by Ord. 1454;

D. Repealed by Ord. 1454;

E. Repealed by Ord. 1454;

F. Have an exterior thermal envelope meeting performance standards that reduce heat loss to levels equivalent to the performance standards required of single-family dwellings constructed under the State Building Code as defined in ORS 455.010. Evidence demonstrating that the manufactured home meets “Super Good Cents” energy efficiency standards is deemed to satisfy the exterior thermal envelope requirement. Additional evidence shall not be required. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 964 § 5, 1994; Ord. 894 § 4, 1991; Ord. 863 § 5, 1990. UZ Ord. § 26.03.]

Two-family shared housing shall meet the following use and development standards:

A. The building to be converted for two-family shared housing must have been constructed as a single-family dwelling, and have been occupied as such by an owner for any continuous six-month period between the date of its first occupancy and the date of its conversion to a two-family dwelling.

B. The building must contain not more than two dwelling units after conversion, and there must be not more than two dwelling units per lot.

C. One dwelling unit must contain at least 300 square feet of floor area and the other must contain at least 600 square feet of floor area.

D. Not more than 60 square feet of floor area shall be added to the building; provided, however, that conversion of unfinished areas to habitable space or bathrooms shall not count toward the 60-square-foot limitation.

E. Only one of the two dwelling units may be occupied by a family that does not include an owner-occupant of the building.

F. Two-family shared housing under this section shall not be separated in ownership under the provisions of ORS Chapter 94 or any other law or ordinance allowing unit ownership of a portion of a building or space therein. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.04.]

A duplex on a corner lot shall meet the following additional use and development standards:

A. The corner lot shall contain at least 7,000 square feet.

B. Each dwelling unit shall derive its pedestrian and vehicular access from a different street unless one of the streets is a collector or arterial street or as approved by Marion County public works department.

C. The lot must have been created after the adoption of this title. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.06.]

Zero side yard dwelling units shall meet the following use and development standards:

A. Permitted Development.

1. Unattached dwellings, with one dwelling unit per lot, may be built contiguous with one but not both of the side lot lines.

2. In RS zones, attached dwellings, with one dwelling unit per lot, may be built contiguous with both side lot lines provided not more than three dwelling units are attached.

3. In other zones, attached dwellings, with one dwelling unit per lot, may be built contiguous with both side lot lines provided not more than six dwelling units are attached.

B. Yards Abutting a Street. The requirements in the applicable zone for yards abutting a street are not relieved by this section, and shall be met.

C. Interior Side Yard. Any exterior wall or portion thereof which faces but is not contiguous to a side lot line shall meet all applicable interior side yard requirements under this title; otherwise, the interior side yard requirements of this title shall not apply.

D. Building Separation. Buildings on abutting lots but not attached to each other shall be separated by a distance of at least 10 feet.

E. Maintenance Easement. As a condition of issuance of a building permit for a dwelling having a wall contiguous to a lot line, the applicant shall furnish an easement from the owner of the lot abutting the wall providing for reasonable ingress, egress and use of the adjacent lot for the purpose of maintaining, repairing and replacing the premises. Such easement shall be appurtenant to the lot on which the dwelling is located as the dominant tenement, and shall be recorded with the county recorder prior to the issuance of the permit.

F. Adjustment of Property Line. Notwithstanding any provision of Chapter 16.33 MCC to the contrary, the owner or owners of abutting lots either of which has thereon a zero side yard dwelling unit, may, by appropriate instrument, adjust the common side lot line by no more than 18 inches to make the wall intended to be contiguous with the common lot line actually contiguous. This adjustment shall move the line as a whole; and may, without the necessity of an adjustment and without making the premises nonconforming, reduce the required area or frontage of the lot, increase the allowable lot coverage, or any combination thereof necessary to make the side lot line and building contiguous within the limits of this subsection. The instrument accomplishing this revision, and a replat by a registered land surveyor evidencing the need for any description of such revision, shall be reviewed and approved by the zoning administrator prior to recording the instrument, otherwise the exemption granted by this subsection shall not apply.

G. Accessory Buildings. The provisions of this section apply to accessory as well as main buildings. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.08.]

An accessory dwelling unit (ADU) shall meet the following additional use and development standards:

A. An ADU shall be a maximum of 900 square feet in floor area or 75 percent of the size of the footprint of the main dwelling, whichever is less;

B. If interior or attached:

1. An ADU shall meet the same height requirements as the primary dwelling on the property.

2. An ADU shall meet the same setbacks as the primary dwelling on the property;

C. If detached:

1. An ADU shall not exceed 25 feet in height.

2. An ADU shall be located in side or rear yard only.

3. In the urban area of Salem, an ADU shall maintain setbacks of three feet from property lines where located in a side yard and five feet from property lines where located in a rear yard.

4. In urban growth boundaries other than the urban area of Salem, an ADU shall meet the setbacks for accessory structures in Chapter 16.28 MCC;

D. No additional curb cuts are permitted. Existing curb cuts may be expanded with an approved access permit up to the maximum width allowed;

E. An ADU, if rented, shall be rented for a minimum duration of 30 days;

F. If a manufactured dwelling is used as an ADU, then it shall be Energy Star certified and exhibit the U.S. Housing and Urban Development (HUD) certification label pursuant to OAR 918-500-0450; and

G. As used in this section, interior means construction inside a dwelling or attached garage; attached means an addition to a dwelling or attached garage or a new structure constructed within five feet of a dwelling or attached garage; detached means an existing or new structure, including manufactured dwelling, located more than five feet from a dwelling or attached garage. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1382 § 4 (Exh. B), 2017.]

A home occupation, limited shall meet the following use and development standards:

A. The home occupation shall be carried on by the resident or residents of a dwelling on the subject property as a secondary use and may employ no more than one person (“person” includes volunteer, nonresident employee, partner or any other person).

B. The home occupation shall be continuously conducted in such a manner as not to create any public or private nuisance, including, but not limited to, offensive noise, odors, vibration, fumes, smoke, fire hazard, or electronic, electrical, or electromagnetic interference. In a residential zone noise associated with the home occupation of more than 55 dba at the lot line is prohibited.

C. No sign shall be displayed on the premises except such signs as are allowed in Chapter 16.31 MCC for the zone in which the home occupation is located.

D. The home occupation shall be conducted entirely within the dwelling or any attached garage or in an unattached accessory building.

E. The total floor area of buildings on the premises, including accessory buildings, devoted to a home occupation shall not exceed 500 square feet in a residential zone and 1,500 square feet in other zones.

F. No structural alterations shall be made to the dwelling that would be inconsistent with future use of the building exclusively as a dwelling.

G. No alteration to or use of the premises shall be made such as to reduce the number of required on-site parking spaces.

H. All visits by suppliers or customers shall occur between the hours of 8:00 a.m. and 8:00 p.m.

I. There shall be no outside storage or display of materials, equipment, or merchandise used in, or produced in connection with, the home occupation, except as provided in subsection (J) of this section.

J. Repair of vehicles or a construction business shall be allowed as a home occupation only in the UT zone. Vehicles shall be screened by a sight-obscuring fence or be parked in a building. All repair shall be conducted within a building. There shall not be more than three vehicles associated with the home occupation parked on the premises at one time.

K. Deliveries to or from the dwelling shall not involve a vehicle rated at more than one ton.

L. Where a home occupation involves deliveries, one off-street loading space shall be provided. If visits by customers occur, two additional off-street parking spaces shall be provided if the street along the lot frontage does not provide paved area for at least two parallel parking spaces. During normal loading/unloading or customer parking periods, the off-street loading and parking spaces shall be reserved exclusively for that use.

M. The dwelling or other buildings shall not be used for assembly or dispatch of employees to other locations.

N. Retail and wholesale sales that do not involve customers coming to the property, such as Internet, telephone or mail order off-site sales, and incidental sales related to the home occupation services being provided are allowed. No other sales are permitted as, or in conjunction with, a home occupation. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.20.]

Child care facility providing care for more than 12 children, including children of the provider, shall meet the following use and development standards:

A. Lot Size. Minimum of 6,000 square feet.

B. Screening. Outdoor play areas shall be fenced and the fence shall be sight-obscuring except in the required yard abutting a street or roadway. Loading areas not located in a required yard abutting a street or roadway shall be screened by a sight-obscuring fence, wall or hedge.

C. Off-Street Loading. At least one off-street loading space shall be provided for every six children served based on the maximum number served at any given time during the day. Up to two loading spaces may be provided in the required front yard. During normal hours of loading and unloading, the off-street loading spaces shall be reserved exclusively for that use.

D. The provider of the day care services shall be the owner and occupant of the residence if the day care service is located in a residential zone and there is a residence on the lot. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.22.]

Nursing care facilities shall meet the following use and development standards:

A. Yards. Front yards, 20-foot minimum or front yard required in applicable zone, whichever is greater. Side and rear yards, 20-foot minimum, or side and rear yard of applicable zone, whichever is greater.

B. Off-Street Parking. No off-street parking or loading area shall be permitted within five feet of the side and rear lot lines.

C. Landscaping. All lot area not lawfully developed for building, structures, parking, loading or driveways, shall be landscaped as provided in Chapter 16.29 MCC.

D. Screening. Parking areas shall be screened from adjacent uses by a six-foot-high sight-obscuring fence, wall or hedge, except for the front yard. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.24.]

Bed and breakfast establishments shall meet the following use and development standards:

A. In RS and RL zones the establishment shall be operated by the resident property owner and not include more than four lodging rooms (including any allowable accessory rooming and boarding); and

B. The establishment shall be located within a dwelling abutting a designated arterial or collector street, or within a dwelling designated as a historical site in the Comprehensive Plan; and

C. A single sign, which may be lighted but not flashing, shall be permitted within 10 feet of the front lot line provided the sign does not exceed 10 square feet in area and does not block vision clearance areas; and

D. Off-street parking for the guests shall be screened from the street and adjacent property by a six-foot-high sight-obscuring fence or hedge. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.26.]

Residential sales offices shall meet the following use and development standards:

A. The office shall be located on a lot within a subdivision, planned development, or on a space within a mobile home park containing at least 25 lots or spaces at least five of which are undeveloped or unoccupied.

B. The principal use of the office shall be the sale of lots or renting of spaces or the sale of dwellings or mobile homes on lots or spaces within the development.

C. The office shall have a finished exterior and the site be landscaped and kept clean and neat.

D. There shall only be one sign not to exceed 24 square feet.

E. The maximum hours of operation shall be from 8:00 a.m. to 8:00 p.m. each day. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.30.]

Public golf courses (SIC 7992) and membership sports and recreation clubs (SIC 7997) with golf courses shall meet the following use and development standards:

A. Setbacks. No occupied building accessory to a golf course shall be located within 100 feet of any property line. Golf fairways, tennis courts, and similar sports courts or fields shall be set back 25 feet from all abutting residential or commercial zones and uses. Swimming pools shall be set back 50 feet from all abutting residential and commercial zones and uses.

B. Parking. No off-street parking or loading area shall be permitted within five feet of the side and rear lot lines.

C. Screening. All parking shall be screened from adjacent uses by a six-foot-high sight-obscuring fence, wall or hedge.

D. Lighting. Outdoor lighting shall be directed away from residential property and streets. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.32.]

Areas where boats or recreational vehicles are stored shall meet the following use and development standards:

A. Screening. Outdoor storage areas shall be screened from all adjacent properties and from all but one abutting street by a sight-obscuring fence, wall or hedge.

B. Landscaping. All unpaved areas not occupied by buildings or structures shall be landscaped as provided in Chapter 16.29 MCC.

C. Surfacing. All driveways, outdoor storage space, and other outdoor vehicle parking, loading and maneuvering areas shall be improved with an all-weather surface. The surfacing shall be set back from lot lines, except those abutting a street, by at least five feet.

D. Lighting. Outdoor lighting shall be directed away from residential property and public streets.

E. The storage area must be owned and operated by a nonprofit neighborhood homeowners’ association or be provided by the park owner exclusively for the tenants of a mobile home park.

F. Storage shall be limited to members’/residents’ boats or recreational vehicles, utility trailers and horse trailers, none of which are kept or used in connection with a business or commercial activity. Storage buildings for the personal belongings of members or residents may also be provided in conjunction with outdoor storage areas provided for the buildings. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.34.]

Recreational vehicle parks shall meet the following use and development standards:

A. Recreational vehicle parks shall not be occupied by mobile homes except for one mobile home for a caretaker/operator.

B. Access roads shall be paved and shall have direct connection to a paved street.

C. One-way access roads shall have an improved width of 10 feet. Two-way access roads shall have an improved width of at least 20 feet. If parallel parking is to be allowed, an additional 10 feet of improved width is required along the side where parking is allowed.

D. In commercial zones the perimeter of the recreational vehicle park shall be surrounded by a six-foot-high sight-obscuring fence or hedge.

E. Camping supplies and convenience foods may be sold within a building.

F. The entrance shall be designed with an adequate parking area for those registering, checking out, or stopping at the convenience store without blocking access to the designated recreational vehicle spaces and without causing congestion on adjacent streets.

G. No outdoor recreation facilities shall be used between 10:00 p.m. and 8:00 a.m. unless approved as part of the conditional use permit.

H. All outdoor lighting shall be directed away from adjacent residential properties and streets.

I. A dump station for discharging wastewater holding tanks shall be provided unless each space is equipped with a sewer connection.

J. Spaces shall meet the use and development standards in MCC 16.26.410. Spaces to be occupied for more than 120 days in any calendar year shall provide on-site electrical, sewer and water hookups.

K. Only motor homes and travel trailers containing 150 square feet of floor area or more shall be allowed to be occupied in a park for more than 120 days in any calendar year.

L. When an RV is allowed to be occupied in the park for more than 120 days in a calendar year, and residents of these vehicles include children, a playground or playfield shall be provided. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.40.]

Recreational vehicle spaces shall meet the following use and development standards. The term “recreational vehicle space” means the portion of a lot where a single recreational vehicle is parked and occupied or intended to be parked and occupied. Long-term storage of a recreational vehicle must comply with the requirements for accessory uses and structures.

A. The space shall have an all-weather surface and be drained to prevent standing water.

B. A space shall not be located closer than 10 feet to any other spaces, any building, dwelling, mobile home, street or roadway boundary and not closer than five feet to any property line.

C. If the space is occupied by an occupied recreational vehicle for more than 120 days in any calendar year, the space shall be located in a recreational vehicle park.

D. The space shall not be located in any required off-street parking space or required yard areas.

E. Unless located in a recreational vehicle park no permanent electrical, water or sewer connections are permitted, nor shall the space be rented or leased for consideration. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.41.]

Veterinary services for animal specialties (SIC 0742) shall meet the following use and development standards:

A. Except as provided in subsection (B) of this section, all services shall be provided within completely enclosed and soundproof buildings.

B. Outside runs for dogs and other animals are not permitted on a lot abutting a residential zone. Outside runs shall be operated only between the hours of 8:00 a.m. and 8:00 p.m., with an attendant present on the premises. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.42.]

Funeral service and crematories (SIC 726) and cemetery subdividers and developers (SIC 6553) shall met the following use and development standards:

A. Screening. The property shall be screened from all adjacent properties by a sight-obscuring fence, wall or hedge.

B. Lot Area. The minimum lot area is 10 acres for a cemetery except for pet cemeteries where the minimum lot area is three acres. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.44.]

A building or complex of buildings on the same lot having more than 25 dwelling units or lodging rooms may include office, retail and service uses meeting the following use and development standards:

A. Permitted Uses. In addition to the residential and lodging uses permitted in the underlying zone, the following additional uses shall be permitted:

1. Communication (SIC 48) but excluding communication services, not elsewhere classified (SIC 489).

2. Variety stores (SIC 533).

3. Food stores (SIC 54).

4. Apparel and accessory stores (SIC 56).

5. Home furnishing stores, miscellaneous (SIC 5719).

6. Eating and drinking places (SIC 58).

7. Retail, miscellaneous (SIC 59) except nonstore retailers (SIC 596) and fuel and ice dealers (SIC 598).

8. Commercial and stock savings banks (SIC 602).

9. Mutual savings banks (SIC 603).

10. Savings and loan associations (SIC 612).

11. Personal credit institutions (SIC 614).

12. Insurance agents, brokers, and service (SIC 641).

13. Real estate (SIC 65).

14. Personal services (SIC 72) except:

a. Power laundries, family and commercial (SIC 7211);

b. Linen supply (SIC 7213);

c. Dry cleaning plants, except rug cleaning (SIC 7216);

d. Carpet and upholstery cleaning (SIC 7217); and

e. Industrial launderers (SIC 7218).

15. Management, consulting and public relations services (SIC 7392).

16. Amusement and recreation services, except motion pictures (SIC 79) except commercial sports (SIC 794).

17. Offices of physicians (SIC 801).

18. Offices of dentists (SIC 802).

19. Offices of osteopathic physicians (SIC 803).

20. Offices of other health practitioners (SIC 804).

21. Legal services (SIC 81).

22. Miscellaneous services (SIC 89).

23. Travel agency (SIC 4724).

B. Use Restrictions. No use permitted under subsection (A) of this section shall in any way involve any of the following:

1. The keeping of live animals.

2. The rendering, processing, or cleaning of animals, fish, seafoods, fowl, poultry, fruits, vegetables, or dairy products except for consumption on the premises.

3. The packaging of products, except packaging of individual retail items at the time of purchase.

4. Any outdoor display or storage of merchandise or materials.

C. Location in the Building. All retail showrooms where goods are offered for sale on the premises, or where customers may view samples or catalogues on the premises and place orders for future delivery shall be confined to the first floor of any building.

D. Nonresidential Floor Area. At least 50 percent of the floor area of each building housing any use permitted in subsection (A) of this section shall be devoted to dwelling units or guest rooms; except that an eating establishment may be housed in a separate building if all uses permitted in subsection (A) of this section, including the eating establishment, total less than 50 percent of the total floor area of the complex of buildings on the same lot, and all other buildings in the complex of buildings comply with this subsection. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.46.]

Used merchandise stores (SIC 593) shall meet the following use and development standards:

A. In a CR zone, all retail sales and storage of merchandise shall be conducted entirely within a building.

B. In a CG zone, all operations shall be conducted entirely within a building or within a yard fully enclosed by a sight-obscuring fence, wall or hedge, and materials shall not be stored higher than such fence, wall or hedge. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.48.]

Gasoline service stations (SIC 554) shall meet the following use and development standards:

A. Lot Area and Dimensions. Minimum lot size, 10,000 square feet; minimum of 100 feet of street frontage for an interior lot, 120 feet of frontage on each street abutting a corner lot.

B. Screening. The property shall be screened from every abutting residential zone or use by a sight-obscuring fence, wall or hedge.

C. Lighting. Outdoor lighting shall be directed away from residential property.

D. Use and Operation Restrictions.

1. No vehicle repairs or disassembling of vehicles other than routine maintenance such as changing lubricants and coolant, replacement of small parts, or changing tires shall be conducted outside a building.

2. No merchandise shall be stored or displayed outside a building or underground structure except for lubricants and small accessories in retail packing or display rack.

3. No inoperative vehicles or used vehicle parts shall be stored outside a building for any period longer than 72 hours.

4. No rental recreational vehicles or moving trucks shall be parked or stored except on side or rear yards, and then no closer than 20 feet to any right-of-way.

5. The lot shall be paved with a concrete or asphalt hard surface. Pavement shall be graded so that all storm water is collected on the site and carried by pipes to a public storm drainage facility. Storm water shall not run across sidewalks or down driveways into streets. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.52.]

Scrap and waste materials establishments (SIC 5093) shall meet the following use and development standards:

A. Screening. All outdoor operations shall be screened from adjacent streets and uses by a sight-obscuring fence, wall or hedge or by a landscaped berm the top of which is at least eight feet above the highest grade on either side thereof.

B. Heavy Operations. If conducted out of doors, the following operations shall be conducted more than 300 feet away from any residential zone:

1. Shredding or baling of tires.

2. Compression, cutting or baling of scrap metal.

3. Cutting or baling of used lumber.

4. Breaking up of concrete or masonry other than the removal of mortar for the salvage of stone or brick masonry products. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.54.]

Eating places (SIC 5812) shall meet the following use and development standards:

A. The gross square footage of the area devoted to the use shall not exceed 20 percent of the gross square footage of the first floor of the building.

B. The eating place shall be designed to serve primarily the occupants of the buildings and their clients and shall not have direct access to a public street or parking area, except as may be required by fire, life and safety codes.

C. There shall be no sign advertising the eating place visible from outside the building. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.56.]

Mobile food vendors shall meet the following use and development standards:

A. Mobile food units may only operate subject to standards in the CO, CR, CG, HC, IC, IP, IG and IH zones. Mobile food units may not operate in residential zones.

B. Mobile food units may not operate in a public street or right-of-way.

C. Mobile foods units may only operate in an approved parking lot, or other hard surface area, where the off-street parking requirements for all users served by the off-street parking area are met.

D. Mobile food unit operators shall not obstruct pedestrian pathways, driveways or drive aisles and shall not create a traffic or safety hazard.

E. Mobile food units parked in a stationary location for a period of 24 hours or longer shall provide screening of all storage areas, tanks and conduit by site obscuring fencing or temporary landscaping.

F. Mobile food unit operators are responsible for picking up any litter which is deposited by any person within 20 feet of the mobile food unit when conducting business.

G. Mobile food units are not permanent structures and must remain capable of being moved. The wheels must remain on the unit and no permanent connections to any utility service are permitted.

H. Mobile food units are not permitted to have decks, carports, covered shelters or similar structures placed adjacent to or attached to them.

I. Mobile food units shall obtain all necessary licenses from Marion County Environmental Health prior to operating. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1204 § 4, 2004. UZ Ord. § 26.57.]

Automotive dealers (SIC 55) and automotive repair, service, and parking (SIC 75) shall meet the following use and development standards:

A. The lot shall be paved with a concrete or asphalt hard surface.

B. A sight-obscuring fence, wall or hedge shall be provided along lot lines abutting residential zones.

C. Repair of vehicles and any storage of merchandise or supplies not in retail packaging or display racks shall occur entirely within an enclosed building. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.58.]

Religious and membership organizations shall meet the following use and development standards:

A. Side and Rear Yards. Minimum of 25 feet in or abutting every residential zone or use.

B. Landscaping. All required yard areas adjacent to streets or property in a residential zone not lawfully developed for buildings, structures, parking, loading or driveways shall be landscaped as provided in Chapter 16.29 MCC.

C. Off-Street Parking. No off-street parking or landing area shall be permitted within 10 feet of a residential zone or use.

D. Screening of Off-Street Parking. Where any portion of an off-street parking area other than a garage is within 15 feet of a lot zoned or used for residential purposes, the perimeter of the parking area facing such residential zone or use shall be screened by a sight-obscuring fence, wall or hedge.

E. Street Access. Unless permitted by the county, only one vehicle access driveway per street frontage shall be permitted in a residential zone, or on a local street in any other zone abutting a residential zone. Where a parking area is on property having frontage on a collector or arterial street, access shall be limited to such collector or arterial unless alternate access is required by the county.

F. Other Related Uses. Schools, child day care services, kindergartens, meeting facilities for clubs and organizations, and other similar uses which are not operated primarily for the purpose of religious instruction, worship, government of the church, or the fellowship of its congregation shall be permitted only to the extent the activity is otherwise permitted in the zone. Storage of buses used to transport the congregation is permitted if buses are not parked closer than 20 feet to a lot in a residential zone. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.60.]

Public and private elementary and secondary schools (SIC 8211) shall meet the following use and development standards:

A. Lot Size. Minimum of 1,000 square feet per student at maximum occupancy, or three acres, whichever is less.

B. Setbacks. Buildings shall be set back from every lot line one foot for each foot of height to a maximum setback of 35 feet.

C. Off-Street Parking. No off-street parking or loading area shall be permitted within 10 feet of any residential use or zone.

D. Other Related Uses. Child day care services; kindergarten; meeting facilities for clubs and organizations; other uses which are not operated primarily for the purpose of secular education, or school administration; secondary use of school facilities for nonprofit events shall be permitted in the zone. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.62.]

Wind energy conversion systems (WECS) shall meet the following use and development standards:

A. The WECS or wind measurement device shall be not more than 70 feet in height.

B. The WECS shall comply with MCC 16.26.760.

C. No more than two WECS shall be located on the same lot.

D. The WECS shall be set back from lot lines five rotor diameters (horizontal axis) or the total WECS height (vertical axis), whichever is greater; or the applicant shall obtain easements on adjacent properties that comply with ORS 105.900 through 105.915 for the positive area located on adjacent properties.

E. The WECS or wind measurement device (including guy wires) shall not encroach into required setbacks for primary structures in the zone or be closer than 12 feet to any major structure or right-of-way for aboveground telephone or electrical transmission and distribution lines.

F. Public access shall be restricted. Vertical access WECS shall be surrounded by a minimum eight-foot-high security fence.

G. A structural engineer certifies that the WECS is sited so that the rotor is above damaging turbulence caused by upwind obstructions. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.73.]

Biomass facilities shall meet the following additional use and development standards:

A. The biomass facility shall be accessory to an industrial or farm use that provides at least 50 percent of the biomass fuels.

B. The biomass facility shall not use municipal solid waste as a fuel.

C. If the biomass facility involves direct combustion it shall be located:

1. At least five miles from land with an elevation higher than the elevation at which the facility discharges airborne wastes; and

2. At least five miles from a Class I Prevention of Significant Deterioration Area. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.74.]

Geothermal facilities shall meet the following use and development standards:

A. The geothermal facility shall be a prospect well, a producing geothermal well providing energy to on-site uses or a producing well providing energy through off-site transmission pipes or transmission facilities to off-site development.

B. Any structures and outdoor storage areas for the facility shall be at least 100 feet from abutting property.

C. Public access to the facility site shall be restricted by providing protective fencing around well sites and temporary fencing pits, sumps and recently vegetated areas.

D. Off-site transmission pipes and transmission facilities shall be placed within a surveyed right-of-way or easement. Existing rights-of-way or easements shall be used whenever practicable. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.75.]

Energy facilities, including hydroelectric facilities, transmission facilities, wind facilities, biomass facilities and geothermal facilities, shall meet the following additional use and development standards:

A. An energy facility shall not be located in the areas listed in subsections (A)(1) and (2) of this section unless a facility complies with subsection (A)(3) of this section:

1. National wildlife refuges, BLM Outstanding Natural Areas, BLM Areas of Critical Environmental Concern, Federal Research Natural Areas, wilderness areas under the Federal Wilderness Act and areas recommended for designation as wilderness areas pursuant to Section 603 of the Federal Land Policy Management Act of 1976, federally designated wild and scenic rivers or any rivers recommended for designation by the National Park Service.

2. State of Oregon parks, waysides, refuges, wildlife management areas, and natural areas preserves, scenic waterways and adjacent lands designated pursuant to ORS 390.845, wild fish streams designated by the Oregon Department of Fish and Wildlife, and experimental areas established by the Rangeland Resources Program, School of Agriculture, OSU.

3. An energy facility may be permitted as a conditional use in an area listed in subsections (A)(1) and (2) of this section if:

a. It is compatible with adjacent uses and resources;

b. It is accessory to a permitted use;

c. The application is authorized or the use is approved by the public agency responsible for designation or management of the protected area in which an energy facility is proposed; and

d. An applicant provides resources equal or better in quantity and quality to those adversely affected by a facility. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.76.]

Article II. Planned Developments

Planned developments shall meet the use and development standards in MCC 16.26.801 through 16.26.815. Planned developments shall meet all use and development standards and requirements in Chapter 16.33 MCC. Where the standards and requirements herein conflict with the standards and requirements of Chapter 16.33 MCC, the provisions of this article shall apply. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002. UZ Ord. § 26.800.]

It is the purpose of this article to provide a means whereby larger parcels of ground may be subdivided into residential lots with more latitude as regards site development, common areas, private streets and walkways, and open space than is possible through traditional subdivision regulations while maintaining residential densities consistent with the applicable zone; to establish standards and controls necessary to assure the community of a functional and compatible development; and to provide within residential zones the development of residential areas with increased amenities. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002. UZ Ord. § 26.802.]

The following terms are defined for the purposes of this article and do not apply otherwise to this title:

A. “Planned development” means a subdivision of land, incorporated common open spaces with each dwelling or mobile home placed on its own lot.

B. “Homeowners’ association” is an organization formed for the maintenance and operation of the open space and common areas of the planned development. The membership in the association must be automatic with the purchase of a lot or other property in the planned development. The association shall collect an assessment levied against each lot or other property which assessment shall be the principal source of funds to maintain open space and common areas, roadways, utilities and facilities. Assessments shall be enforceable as a lien against the private lots and open space.

C. “Open space” means a common area designated on the final plans of the planned development, permanently set aside for the common use of the members of the homeowners’ association, which open area may be landscaped and/or left with a natural tree cover, and in which area no roadways, streets, or parking areas are located.

D. “Open space lot” is a lot which abuts upon an open space for a distance of 10 feet or more.

E. “Public sidewalk” is a pedestrian walkway for the general public through the planned development open space and common areas and replaces a sidewalk which would have been located adjacent to a street.

F. “Roadway” is any vehicular way to property in the planned development that is located on lands owned by the homeowners’ association and does not exit the development at another location. Roadways are to serve specific property in the planned development only, not through traffic, and need to be constructed only wide enough to adequately perform this function. Roadways include “T” turn-arounds, cul-de-sacs, circles, loops and other roadways not functioning as a through roadway.

G. “Streets” means roads permitting traffic to move in one side of the development and out of another dedicated as a public street and developed to the applicable county street standard.

H. “Walkway” shall mean a pedestrian pathway within a planned development for residents and guests. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002. UZ Ord. § 26.803.]

In addition to the information required in a detailed subdivision plan the request for detailed plan approval shall include:

A. The location of all streets, roadways, sidewalks and walkways, their widths and the nature of their improvement.

B. The location, layout, and the surfacing of all off-street parking areas.

C. The individual lot lines of each parcel that is to be created for separate ownership.

D. The location of easements for the water lines, fire hydrants, sewer and storm lines, and the location of the electric, gas, and telephone lines, television cable, and the lighting plans.

E. The landscaping plan with a notation indicating the existing trees and shrubs which are to be retained.

F. The common areas and open spaces and the particular uses which were intended for them.

G. The areas proposed to be conveyed, dedicated, reserved, or used for parks, scenic ways, playgrounds, schools, public buildings, and similarly public and semi-public uses and whether such areas are to be public or private.

H. The location of each existing or proposed structure, its intended use, and the number of dwelling units in each residential building, except single-family detached dwellings and mobile homes.

I. A statement from the city and the utility companies indicating that the plans to extend facilities are feasible as to the basic route and size of the facility considering the needs of the development and the area.

J. The phases in which the project will be built, the approximate date when construction of each phase will begin, and the type and location of common areas, facilities and open space that will be provided at each phase. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002. UZ Ord. § 26.804.]

The procedure for review of a planned development subdivision in Chapter 16.33 MCC shall govern the consideration of a planned development under these regulations. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002. UZ Ord. § 26.805.]

As a condition to granting approval for the final plat satisfactory evidence shall be submitted that the roadways, parking areas and sidewalk improvements, and improvements in common areas will be placed. For the purpose of this section, the criteria for satisfactory evidence set forth in Chapter 16.33 MCC shall apply. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002. UZ Ord. § 26.806.]

Retail service areas may be located within a planned development to provide commercial facilities for the residents of a planned development. Retail service facilities may be developed when they are part of a development application, and the inclusion of retail service facilities is noted in any public hearing or decision notice, without the need for a zone change.

A. Convenience Services. A planned development containing more than 100 dwelling units may have a convenience service area, which may include not more than one each of the following: newsstand, barbershop, beauty parlor, delicatessen, dining room, coffee shop, and tea room, activity room, meeting room. No drive-in service shall be permitted.

B. Limited Retail Service.

1. Planned developments containing 250 or more dwelling units may have limited retail services as a part of the development without obtaining a zone change in addition to one or more of each of the convenience services allowed in subsection (A) of this section. The following retail services are permitted in a planned development when developed under the conditions set forth in subsections (C), (D) and (E) of this section:

a. Banking facilities.

b. Craft and hobby shops.

c. Drugstores.

d. Grocery stores.

e. Laundry and dry cleaning pick-up service, also coin-operated dry cleaning establishments.

f. Post office station.

g. Restaurants, but no drive-in service.

h. Variety stores.

C. The amount of limited retail service area allowed shall be directly proportionate to the number of dwelling units within the site. The following formula establishes the maximum allowable gross square feet of building area and minimum parking required for a limited retail service area for planned developments which have 250 or more dwelling units:

1. The maximum allowable gross square feet of building area shall be 40 square feet per dwelling unit.

2. The minimum parking shall be two square feet of parking for every one square foot of gross building area.

D. Limited retail services shall not be provided until at least 250 dwelling units have been completed. The gross floor area to be constructed at any time shall not exceed the gross floor area formula set forth above, based on the number of dwelling units constructed at that time.

E. No single business shall occupy more than 50 percent of the maximum floor area permitted at the time of the completion of the planned development.

F. Convenience service and limited retail services shall comply with the following additional requirements:

1. All on-site activities of commercial firms shall be conducted wholly within an enclosed building.

2. All on-site utilities are to be placed underground.

3. A landscaped perimeter yard outside of the street right-of-way, at least 20 feet in depth, except driveways, shall surround every retail service.

4. All signs shall be located flat against a building wall, not above the eaves of the roof. The sign may be illuminated, but the lighting on it shall not flash, or have moving or animated parts. Each business may have only one exterior sign. The sign shall pertain to that use conducted within the building and may have the following area:

a. Convenience service area: four square feet per business.

b. Limited retail services: 50 square feet per business.

All other applicable sign regulations in this title shall apply.

5. Maintenance and housekeeping of all exterior areas shall be provided by the owners. All garbage and refuse shall be kept entirely within a building or area screened by a sight-obscuring fence. No refuse shall be incinerated on the premises.

6. When considering conceptual approval, the location of convenience and limited retail services within the planned development shall be reviewed with regard to ensuring the adequacy and suitability of the location of vehicle access and off-street parking and loading areas. Access directly to a street shall be approved by the department of public works. Buffering from nearby residences provided by open spaces and landscaping shall also be adequate to maintain privacy and freedom from excessive noise. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002. UZ Ord. § 26.807.]

The minimum acreage for a planned development is three acres. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002. UZ Ord. § 26.810.]

The density of the planned development shall not exceed the density of the zone in which it is to be located. The density shall be computed by dividing the total acreage by the number of dwelling units. The total acreage shall be that area contained in the ownership at the time of the filing of the planned development application. When such computation ends with more than one-half of a dwelling unit, the figure may be rounded to add one more dwelling unit permitted on the site. When such computation is one-half or less than one-half of a dwelling unit, the remainder will be dropped. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002. UZ Ord. § 26.811.]

The number of dwelling units in a building is not limited. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002. UZ Ord. § 26.812.]

A. The perpetual maintenance of roadways, walkways, utilities, and common areas shall be provided by a county service district unless use of a homeowners’ association is approved as a conditional use.

B. If a homeowners’ association is allowed, the property owners within the planned development shall automatically be members of the association. The articles of such association shall be approved by legal counsel prior to final approval of the development. No change shall be made in the articles unless approved by the zoning administrator. Such articles shall provide a means to ensure maintenance of open space, common areas and facilities satisfactory to the county. The articles shall also prescribe the permitted uses of the open space. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002. UZ Ord. § 26.813.]

Any street bordering or within a planned development shall have public right-of-way and improvements consistent with adopted Marion County department of public works standards and upon approval of the board be accepted into the county road system. Plans for all streets shall be submitted for review and approval by the department of public works. Along streets the vision clearance requirements of MCC 16.27.200, including intersections with roadways, shall apply. Roadways shall be improved to the following standards:

A. Roadways shall be a minimum of 20 feet in width, curb to curb; provided, that if parking is to be allowed on either side of the street, the minimum width shall be increased by seven feet for each side of the street on which parking is to be allowed. Parking shall be parallel.

B. Roadways shall be paved with portland cement concrete or asphalt concrete and designed and constructed to adequately support traffic loads and provide adequate drainage.

C. Dead-end roadways over 300 feet in length shall have a cul-de-sac bulb with 38-foot curb radius. Shorter dead-end streets shall have a turnaround area. No dead-end roadway shall exceed 500 feet in length.

D. Concrete curbs shall be provided.

E. The roadway system shall have direct connection to a paved street. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002. UZ Ord. § 26.814.]

A. Street Names and Addresses. Each street and roadway shall be named and each dwelling and other buildings shall be numbered as provided in Chapter 11.55 MCC, Naming and Addressing Roads/Property.

B. Accessory Structure Setbacks. An accessory structure shall not be located closer than five feet from any dwelling or other accessory buildings on an adjacent lot, except that a double carport or garage may be built that serves two adjacent dwellings. Accessory buildings shall be set back at least 10 feet from the boundary of the planned development.

C. Dwelling Setbacks from Roadways. Dwellings shall be set back a minimum distance of eight feet from any adjacent roadway, and five feet from any adjacent sidewalk; provided, that a vision clearance shall be maintained as provided in MCC 16.27.200.

D. Dwelling Setbacks from Streets. A dwelling and any structure in the development other than a sign or fence shall be at least 12 feet from a street right-of-way; provided, that garages facing a street shall have a minimum 20-foot setback.

E. Storm Drainage. All lots shall be provided with adequate storm drainage and connected to the storm drainage system if such system is available. Such facilities shall be sufficient to safely transport through the development all volumes of water generated upstream and on the site. Where streets and associated public drainage facilities will be constructed or where connections will be made to existing public drainage facilities, all design and construction shall conform to department of public works standards. On-site detention facilities may be required.

F. Recreation Vehicles. Planned developments may accommodate only mobile homes and dwellings. Recreational vehicles are not allowed except for storage in a designated storage area. A recreational vehicle shall not remain overnight in a planned development unless it is parked in a designated recreational vehicle storage area.

G. Building Height, Location, and Lot Coverage. Except as modified by this section, all structures within a planned development shall comply with all provisions of the zone in which the development is located as to height, location, and lot coverage.

H. Lighting. Roadways and walkways designed for the general use of the residents shall be lighted during the hours of darkness. Such lighting shall not be under control of the dwelling occupant. Lighting shall be designed to a minimum of 0.35 candlepower per square foot and a maximum of 0.1 watts per square foot energy use.

I. Driveways. Each lot within the development shall have direct access to a roadway or to a public street which the development abuts on both sides. The driveway shall be unobstructed area, not less than 10 feet in width, and shall be paved and well drained.

J. Fire Hydrants. Fire hydrants shall be provided within the roadway and on public streets in the development in conformance with the design and capacity requirements of the fire district.

K. On-Site Storage. Furniture, tools, equipment, building materials, or supplies belonging to the management of the development stored outdoors shall be screened. Screening shall be sight-obscuring and shall blend with the development environment.

L. Walkways. Provisions shall be made for hard-surfaced, well-drained walkways, not less than 30 inches in width, from each dwelling to open space, common areas, retail services, and to a street or roadway. If the walkway is adjacent to the street or roadway the curb may be included in meeting the width requirements. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002. UZ Ord. § 26.815.]

Article III. Mobile Home Parks

Mobile home parks shall meet the use and development standards in MCC 16.26.901 through 16.26.905. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.901.]

As used in MCC 16.26.901 through 16.26.904, except where the context otherwise clearly requires:

A. “Building” means any permanent structure within a mobile home park such as washrooms, office buildings, recreation buildings, and similar structures, owned by the park for the common use of all the tenants. Exception: Mobile home accessory buildings, awnings, cabanas, carports, and ramadas as defined in ORS 446.003(1), (4), (5), (7) and (26) are not included in this definition.

B. “Park roadway” means a private way which affords principal means of access to abutting individual mobile home spaces and permanent park structures.

C. “Space” means any area or portion of a mobile home park which is designated or used for occupancy by one mobile home. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.902.]

Mobile home parks in RS zones established after the effective date of the ordinance codified in this title are subject to the minimum standards and conditions set forth in this section and in MCC 16.26.905.

A. Type of Mobile Home Permitted. Mobile homes shall meet the following standards:

1. Be manufactured after June 15, 1976, and exhibit the Oregon Department of Commerce “Insignia of Compliance” that indicates conformance with Housing and Urban Development (HUD) standards; and

B. Minimum Area. No mobile home space shall contain less than 3,000 square feet, except that a space, any portion of which is within 15 feet of the boundary of the mobile home park property, shall be not less than 4,000 square feet. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.903.]

Mobile home parks in RL and RM zones established after the effective date of the ordinance codified in this title shall meet all requirements of MCC 16.26.905 and the following minimum requirements:

A. Repealed by Ord. 1454.

B. Minimum and Average Area. No mobile home space shall contain less than 2,000 square feet and the average area of all spaces within a mobile home park shall be not less than 3,000 square feet.

C. Play Areas. A separate play area shall be provided in mobile home parks that accommodate persons under 55 years of age unless each space has a minimum size of 4,000 square feet. Such play area shall be not less than 2,500 square feet of area with at least 100 square feet of play area provided for each mobile home space. Suitable fences or other safeguards shall be provided if the play area abuts a railroad, street, a sharp declivity, or other hazard. The play area shall be located so that no space is farther from the play area than two-thirds of the distance between the two most distant points on the park boundary.

D. Recreational Vehicle Park. Except as provided in subsection (D)(8) of this section, a single area within a mobile home park may be a recreational vehicle park provided the following requirements are met:

1. Recreational vehicles located within the recreational vehicle park are limited to motor homes and travel trailers with a minimum of 150 square feet of floor area.

2. The recreational vehicle park shall be located within a mobile home park that has direct access to a collector or arterial street.

3. Each recreational vehicle shall be parked within a recreational vehicle space for a minimum of 60 days in any calendar year.

4. The use and development standards in subsection (C) of this section and MCC 16.26.905(O) do not apply to designated recreational vehicle spaces. For the purposes of MCC 16.26.905 the term “mobile home space” includes a recreational vehicle space described in subsection (D)(1) of this section.

5. The development standards in MCC 16.26.400 and 16.26.410 do not apply within the area designated as a recreational vehicle park except that MCC 16.26.400(I) and MCC 16.26.410(A) shall apply.

6. Recreational vehicle spaces shall include electrical, sewer and water hookups.

7. The number of recreational vehicle spaces shall not be more than 20 percent of the number of mobile home spaces.

8. Recreational vehicle parks may be located within a mobile home park established prior to the application of this subsection subject only to the requirements in subsections (D)(1), (2), (3), (6) and (7) of this section, and the requirements of MCC 16.26.410(A), (B), and (D). [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.904.]

A. Density. The number of mobile home spaces shall not exceed the following:

1. One mobile home space per 4,000 square feet of lot area in RS zones.

2. One mobile home space per 3,000 square feet of lot area in RL zones.

3. One mobile home space per 2,000 square feet of lot area in RM zones. Computation of density shall be as provided in MCC 16.27.050.

B. On-Site Storage. Furniture, tools, equipment, building materials, or supplies belonging to the management of the park stored outdoors shall be screened. Screening shall be sight-obscuring and shall blend with the park environment.

C. Street Names and Addresses. Each park street shall be named and each mobile home space shall be numbered as approved by the zoning administrator.

D. Fire Hydrants. Fire hydrants shall be provided within the park on park streets or on a public street in conformance with the design and capacity requirements of the fire district.

E. Roadway Standards. Park roadways shall be located on park property and shall be maintained by the park owner. Roadways shall conform to the following requirements:

1. Park roadways shall be a minimum of 20 feet in width, curb to curb; provided, that if parking is to be allowed on either side of the street on which parking is to be allowed, parking shall be parallel.

2. Streets shall be paved with portland cement, concrete or asphalt concrete, and designed and constructed to adequately support traffic loads and provide adequate drainage.

3. Dead-end roadways over 300 feet in length shall have a cul-de-sac bulb with 38-foot curb radius. Shorter dead-end streets shall have a turnaround area. No dead-end street shall exceed 500 feet in length.

4. Concrete curbs shall be provided.

5. The park roadway system shall have direct connection to a street.

F. Parking. There shall be two automobile parking spaces for each mobile home space in an RS zone and 1.33 spaces in RL and RM zones. Parking spaces may be designed end-to-end, side-to-side, or provided in off-street parking areas as approved by the zoning administrator.

G. Walks. Provisions shall be made for hard-surfaced, well-drained walks, not less than 30 inches in width, from each mobile home space to the park buildings and to a public street or park roadway. If the walk is adjacent to the roadway the curb may be included in meeting the width requirements.

H. Lighting. Roadways and walkways designed for the general use of the park residents shall be lighted during the hours of darkness. Such lighting shall not be under control of the mobile home occupant. Lighting shall be designed to a minimum of 0.35 candlepower per square foot and a maximum of 0.1 watts per square foot energy use.

I. Driveway. Each mobile home space within the park shall have direct access to a park roadway or to a public street which the park abuts on both sides. The driveway shall be an unobstructed area, not less than 10 feet in width, and shall be constructed of hard surface materials and well drained.

J. Door Landings. Each mobile home space shall be provided with a landing area and any needed steps adjacent to each mobile home door. They shall be constructed of concrete, asphalt, flag stone, wood, or other equivalent surface material. The landing area shall be at least three feet by four feet.

K. Separations and Setbacks. Building separations and setbacks from the park boundary for mobile homes, accessory structures, and buildings shall conform to the following:

1. Except as provided in subsections (K)(2) through (4) of this section, a mobile home of the type identified in MCC 16.26.903(A)(1) shall not be located closer than 10 feet to any other mobile home of the same type, or closer than 10 feet to a building or mobile home park boundary if the mobile home is parallel thereto. If not parallel the mobile home shall not come closer than eight feet and have an average setback of 15 feet from any other mobile home, building, or the mobile home park boundary line. A mobile home, regardless of type, shall not be located closer than 15 feet to any mobile home that does not qualify under MCC 16.26.903(A)(1). Setbacks required between mobile homes in this subsection shall be measured from the perimeter of the mobile home and not from attached awnings, cabanas, carports and ramadas or similar attached mobile home accessory structures.

2. An accessory structure shall not be located closer than five feet from any mobile home or other accessory buildings on an abutting space, except that a double carport or garage may be built that serves two abutting mobile homes. Accessory buildings shall be set back at least 10 feet from the park boundary.

3. Mobile homes shall be set back a minimum distance of five feet from the edge of the surface of any abutting park roadway and 30 inches from any sidewalk except that in RS zones there shall be an eight-foot setback for roadways and five feet for sidewalks. A vision clearance area shall be maintained as provided in MCC 16.27.200.

4. A mobile home and any structure in the park other than a sign or fence shall be at least 12 feet from a public street right-of-way; provided, that carports or garages facing a public street shall have a minimum 20-foot setback.

L. Water Supply. All spaces shall be served by a public water system unless a private service is allowed by the applicable city.

M. Sewage Disposal. All spaces shall be served by a public sewer system unless a private system is allowed by the applicable city.

N. Storm Drainage. All spaces shall be provided with adequate storm drainage and connected to the storm drainage system if such system is available. Such facilities shall be sufficient to safely transport through the park all volumes of water generated upstream and on the site. Where a connection will be made to a public storm drainage facility, it shall be approved by the county. An on-site storm water detention system may be required.

O. Foundation. Mobile home and accessory building foundations shall be of sufficient strength to support the loads imposed by the mobile home, based on accepted engineering design standards as approved by the building official. Foundations, tie-downs, or other supports shall be provided to withstand the specific horizontal, up-lift, and overturning wind forces on a mobile home and any attached or supported structures based on accepted engineering design standards, as approved by the building official.

P. Recreational Vehicles. Except as provided in MCC 16.26.904(D) a recreational vehicle shall not remain overnight in a mobile home park unless it is parked in a designated recreational vehicle storage area.

Q. Building Height, Location, and Lot Coverage. Except as modified by this section, all structures within a mobile home park shall comply with all provisions of the zone and any overlay zone in which the park is located.

R. Screening. A fence or wall, at least six feet high, shall be provided along the boundary of the mobile home park except the fence or wall shall not be located in required yards abutting streets or vision clearance areas. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.905.]

The standards and regulations in this chapter apply to all lots, structures and uses unless indicated otherwise. No structure or use shall be approved until all requirements in this chapter pertaining to the subject lot, structure or use have been satisfied. The regulations in this chapter apply to all zones unless otherwise specified. In certain cases regulations are applied to certain groups of zones.

The provisions of this chapter are complementary and supplementary to other provisions of this title. In the event of a conflict between a provision of this chapter and a more restrictive provision of this title applicable to a particular lot, structure or use, the more restrictive provision shall apply. [Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 27.00.]

All structures and uses shall be entirely situated on a single lot except as allowed under the unit ownership law (ORS 91.400 et seq.). Where a structure is placed on two or more separate lots under single ownership so that the structure overlaps the common boundary or encroaches on required yards along the common lot line, the separate lots shall be considered a single lot for the purpose of this title except that buildings which are attached at a common property line, but which meet all requirements of the building code as separate buildings, shall be considered separate and shall not have the effect of combining the affected lots. [Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 27.01.]

In addition to any requirement in Chapter 16.33 MCC, Subdivision and Partition Requirements, no lot held under separate ownership shall be divided or altered so that it does not meet the requirements in this title. If a lot does not meet such requirements at the time this title is adopted it shall not be divided or altered in such a manner that the lot is less in conformity with these regulations in any respect, except as otherwise provided in this title. [Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 27.02.]

Specific standards for lot size or area, for lot dimensions, and for lot coverage are set forth in the applicable zone. Where a standard for lot coverage is expressed as a percentage, such standard means the percentage of total lot area covered by buildings and by roofed but unenclosed structures, whether or not attached to buildings. Covered structures less than five feet in height and having less than 20 square feet of gross floor area (such as pet shelters, play houses, etc.) shall not be included in calculating lot coverage. [Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 27.03.]

The number of dwelling units allowed for the purpose of dividing land into lots, determining the number of dwellings in a planned development, or locating several dwellings on mobile homes on the same lot (including mobile home parks) shall conform to the following density limitations. The minimum lot area shall be used to determine allowable density in partitioning. When the number of dwellings allowed includes a fraction of one-half or more the density shall be increased one dwelling unit.

A. UD and RS Zone. One dwelling unit per lot unless provided otherwise in this title; and one dwelling unit per 4,000 square feet of area devoted to residential use (i.e., excluding public streets, and areas in conjunction with nonresidential uses).

B. RL Zone. One dwelling unit per 3,000 square feet of lot area.

C. RM Zone. One dwelling unit per 1,500 square feet of lot area, except 2,000 square feet of lot area for each mobile home in a mobile home park.

D. CO Zone. One dwelling unit per 1,500 square feet of lot area.

E. Other Zones. One dwelling unit per lot, if dwellings allowed. [Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 27.05.]

A. Except as provided in subsection (C) of this section, no portion of a lot necessary to provide the required area per dwelling unit shall be separated in ownership from the portion of the lot on which the building containing the dwelling units is located.

B. Except as provided in subsection (C) of this section, no required yard or other open space around an existing building shall be separated in ownership from the lot upon which the building is located.

C. Except as provided in subsection (D) of this section, no lot shall be so reduced or diminished that the required yards or other open space shall be smaller than prescribed by this title.

D. In a planned development, an open space lot or common area owned by the homeowners’ association may include the setbacks, yard areas, and other areas, or portions thereof, required by this title around dwellings and other buildings. Any portion of the planned development that is not a designated open space lot or common area may be included in a lot not owned by the homeowners’ association provided the lot owner is a member of the homeowners’ association. [Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 27.06.]

A “required yard” is the minimum required setback area between a structure or mobile home and a lot line, whether or not additional open space is actually provided between the structure and the lot line. Every required yard or setback area shall be open and unobstructed by buildings, vehicles, or structures from the ground to the sky except for those exceptions permitted in this chapter. [Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 27.07.]

No required yard, setback area, or driveway provided around or for any building or structure shall be considered as providing a yard or setback area space for any other building or structure, nor shall any yard, setback area, driveway, or other open space on an adjoining lot be considered as providing a yard or setback area on the lot whereon the building is to be erected. [Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 27.08.]

A. No parking, loading or storage areas for motor vehicles, utility trailers, recreational vehicles, boats, aircraft, or other similar vehicles shall be allowed within vision clearance areas, or within a required yard adjacent to a street except as provided in subsection (B) of this section.

B. Parking, loading or temporary storage of vehicles described in subsection (A) of this section is permitted on driveways crossing from the street lot line to a permitted parking, loading, or storage area within required yards adjacent to streets except as limited in MCC 16.30.130(A). [Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 27.10.]

The following projections are exempt from all front yard or street setback provisions of this title:

A. Planter boxes, window bays, greenhouse windows, chimneys and flues, steps, cornices, eaves, gutters, belt courses, leaders, sills, pilasters, lintels, solar collectors, and ornamental features provided they do not project more than 24 inches into the required yard.

B. Covered but unenclosed porches and uncovered porches, neither of which extend more than 10 feet beyond the front walls of the building nor have any floor area more than four feet above grade. In no case shall any such projection come closer than 10 feet from the property line.

C. Uncovered decks attached to residential buildings; provided, that:

1. At least a four-foot landscaped yard is maintained between the front lot line and the deck.

2. The height of the floor of the deck above grade at its point of connection to the building does not exceed 30 inches.

3. The height of the floor of the deck above grade at its furthest extremity from the building does not exceed three feet.

4. The height of any guardrail or perimeter seat does not exceed 44 inches above the floor of the deck at any point.

D. Transit or school bus stop shelters provided they are not located more than five feet from a street right-of-way line and are not located in a vision clearance area. [Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 27.11.]

A. Cornices, eaves, gutters, steps and fire escapes when not prohibited by any other ordinance, may project into a required side yard not more than one-third of the width of the required side yard, nor more than three feet in any case.

B. Planter boxes, window bays, greenhouse windows, chimneys, flues, belt courses, leaders, sills, pilasters, lintels, solar collectors, and ornamental features may project not more than 24 inches into a required side yard.

C. Uncovered decks and patios attached to the main building when not elsewhere prohibited and heat pumps may extend to the side lot line when they are three feet or less above grade. [Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 27.12.]

A. Planter boxes, window boxes, greenhouse windows, steps, chimneys, flues, belt courses, leaders, sills, pilasters, lintels, cornices, eaves, gutters, solar collectors, and ornamental features may project not more than 24 inches into a required rear yard.

B. A fire escape, balcony, outside stairway, cornice, heat pump, or other unenclosed, unroofed projection may project not more than five feet into a required rear yard; provided, that no portion thereof is within six feet of any lot line.

C. Uncovered porches, covered but unenclosed porches or patios with roofs having no floor area more than four feet above grade and which shall not come closer than eight feet from the rear lot line are exempt from this section.

D. No permitted projection into a required rear yard shall extend within 10 feet of the centerline of an alley, or within six feet of an accessory building.

E. Uncovered decks and patios attached to the main building when not elsewhere prohibited may be extended to the rear lot line provided they are four feet or less above grade measured directly beneath the outside edge of the deck or patio. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 27.13.]

Wherever in this title there is expressed a standard for “building height” or a “height limitation” or similar expression, such standards shall apply as well to structures which are not buildings unless such structures are expressly excluded from their application. The highest point of a structure which is attached to a building shall be included in the height of the building unless exempt under MCC 16.27.160 or other specific provision of this title. All heights specified in this title are to be measured from grade as provided in the definition of “height of building” in Chapter 16.49 MCC unless a different method of measure is specified. [Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 27.15.]

A. Transmission towers*, steeples, chimneys, antennas, wind-driven electrical generating equipment and monuments are exempt from the height limitation in the applicable zone provided they do not contain any habitable space. Flag poles equipped to raise and lower the flag are also exempt. These structures are not exempt from use-specific height limitations or the height limitations in an applicable airport overlay zone. (The height limitations in residential zones include special setbacks for structures identified in this subsection.)

B. Mechanical penthouses, equipment, and appurtenances necessary to the operation or maintenance of the building or structure itself, including ventilators, plumbing and vent stacks, cooling towers, water tanks, panels or collectors for solar energy, and window washing equipment, together with enclosures for any such features, are exempt from all height restrictions, except airport overlay zone height limitations, provided:

1. They do not contain any offices, rest-rooms, storage rooms, or habitable space;

2. That the sum of the horizontal section of all such projections at the height limit applicable to the building or structure on which they are located does not exceed 60 percent of the horizontal area of the roof of the building on which they are situated; and

3. No such device or enclosure shall project more than 15 feet above the roof, measured vertically from any point on the device or enclosure. [Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 27.16.]

The following regulations shall apply to lots at all intersections of streets, alleys, roadways and driveways in order to provide safe visibility for vehicular and pedestrian traffic:

A. Local street intersections shall have vision clearance areas defined by a minimum of 30-foot legs along each street. Where there is stop control at the intersection of local streets, the vision clearance area shall have a minimum of a 10-foot leg on the minor street and a 30-foot leg on the major street.

B. Local streets intersecting streets designated as collectors or arterials in the Comprehensive Plan shall have vision clearance areas defined by a minimum of a 10-foot leg along the local street and an 80-foot leg along the collector or arterial street.

C. Private roadways, driveways and public alleys intersecting local streets shall have vision clearance areas defined by a minimum of a 10-foot leg along the driveway and a 30-foot leg along the street.

D. Private roadways, driveways, and public alleys intersecting streets designated as collectors or arterials in the Comprehensive Plan shall have vision clearance areas defined by a minimum of a 10-foot leg along the driveway and a 50-foot leg along the collector or arterial street.

E. The director of public works may prescribe special dimensions and conditions for the vision clearance area at intersections of driveways, roadways and streets with a public street according to recognized traffic engineering standards, where, due to grade, road alignment and geometry, irregular lot shape, substandard right-of-way width, or vehicle speeds, the vision clearance areas provided in subsections (A), (B), (C), and (D) of this section do not provide for adequate intersection visibility.

F. The “vision clearance area” shall be defined as the area contained by a diagonal line across the corner between points on: a public right-of-way or public easement line; a boundary of a private roadway easement or 10 feet from the centerline thereof, whichever is greater; a line parallel to and 10 feet from the centerline of a driveway. The points are measured from the intersection of the right-of-way lines or the boundary of a roadway or driveway. If no point exists it shall be measured from the point of intersection of the projection of these lines.

G. Except as provided in subsections (G)(1) and (2) of this section and in MCC 16.27.110, the vision clearance area required by this section shall not contain any planting, fences, walls, structures, or temporary or permanent obstructions to vision, including parked vehicles, exceeding 30 inches in height above the curb level, or street centerline when there is no curb.

1. Not more than two supporting posts or pillars are permitted within a vision clearance area. Posts and pillars shall not be greater than 12 inches in diameter or 12 inches on the diagonal if rectangular.

2. Vision clearance shall be required to a minimum height of seven feet above the curb level or street centerline where there is no curb. Where public buses, trucks, and other service vehicles travel on the minor leg of the intersection, vision clearance shall be required up to a height of 10 feet above the curb level or street centerline where there is no curb.

H. The street classification (local, collector or arterial) shall be as established in the Marion County Comprehensive Plan or applicable city comprehensive plan adopted by Marion County.

I. The vision clearance provisions of this section shall not be construed as waiving or altering any yard, landscaping or setback requirements that may be required by this title or any other ordinance. [Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 27.20.]

A. The special setbacks in this section are based upon the functional classification of streets as described in the applicable comprehensive plan, including streets outside, but abutting, an urban growth boundary. The purpose of these special setbacks is to permit the eventual expansion or improvement of streets and roads in order to safely accommodate vehicular or pedestrian traffic. The special setback shall be measured from the centerline of the street right-of-way.

B. Except as provided herein structures and paved surfaces shall not be located within the special setbacks specified in subsection (E) of this section. Any portion of a structure lawfully established within a special street setback prior to adoption of this title shall be considered a nonconforming structure. Other yards and setbacks specified adjacent to streets shall be in addition to the special setbacks required by this section. These setback distances shall be measured at right angles to the centerline of the established right-of-way.

C. The zoning administrator may approve placement of signs or light standards, and temporary structures, or paved surfaces upon determination that the county department of public works or Division of State Highways, if applicable, has no objections and provided the property owner signs a written agreement that the owner or his heirs or assigns will, within 45 days after being notified by the county, remove all portions of the structure or signs, light standards, parking or temporary structures within the special setback. The agreement shall provide that if the owner fails to remove the listed items the county or state may do so at the expense of the owner and the expense shall be a lien against the land and may be collected or foreclosed in the same manner as liens entered in the county lien docket. The agreement shall be recorded by the owner in the applicable deed records. Notice requiring removal shall not be given until the responsible public agency proceeds to widen the street in front of the owner’s property or the department of public works determines that the structure is a threat to the public health, safety or welfare. The agreement shall also provide that the owners shall not be entitled to any damages or compensation for the removing of any structure or loss of parking spaces approved under this provision but this stipulation shall not deny the owner the right to compensation for any land or any structures existing prior to the adoption of this title, taken for the widening of the street.

D. The zoning administrator may also approve temporary structures within the street yard required in the applicable zone, exclusive of the vision clearance area, subject to the requirements in subsection (C) of this section.

E. Special Setback Requirements.

[Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 27.21.]

Proposed land uses shall not significantly increase the adverse impacts on water resources. Development relying on groundwater as a water supply shall not have significant adverse affect on the groundwater resource. If there is evidence of groundwater limitation in the immediate area evidence shall be required that adequate water can be provided. [Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 27.22.]

Dwellings and places of public assembly shall not be located in a noise impact area, if, according to the Department of Environmental Quality, the noise impacts will be significant and adequate mitigation cannot be provided. [Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 27.23.]

The following procedures and standards apply to historic sites and structures:

A. Historic sites and structures regulated by this section shall be those sites and structures identified in the applicable city comprehensive plan, the Marion County comprehensive plan, or on the National Register of Historic Places. National Register of Historic Places properties are not subject to alteration review unless they are also listed in the Marion County comprehensive plan or the applicable city comprehensive plan.

B. For the purposes of this section the following definitions apply:

1. “Demolition” means any act that destroys, removes, or relocates, in whole or part, a significant historic resource such that its historic, cultural, or architectural character and significance is lost.

2. “Owner”

a. Means the owner of fee title to the property as shown in the deed records of the county where the property is located; or

b. Means the purchaser under a land sale contract, if there is a recorded land sale contract in force for the property; or

c. Means, if the property is owned by the trustee of a revocable trust, the settlor of a revocable trust, except that when the trust becomes irrevocable only the trustee is the owner; and

d. Does not include individuals, partnerships, corporations, or public agencies holding easements or less than fee interests (including leaseholds) of any nature; or

e. Means, for a locally significant historic resource with multiple owners, including a district, a simple majority of owners as defined in subsections (B)(2)(a) through (d) of this section.

C. Alteration of any structure, or any change of use of land or structure, designated as a historic site or structure shall be a conditional use. The criteria for approval of a conditional use are:

1. Any use of the building or property should be compatible with the historical nature of the property.

2. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any acquisition, protection, stabilization, preservation, rehabilitation, restoration or reconstruction project.

3. The alteration to the designated historic building, structure or site and its environment shall be only the minimum necessary to achieve the intended use.

4. The distinguishing original qualities or character of a designated building, structure or site and its environment should not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided or done pursuant to a plan approved by the city.

5. All designated buildings, structures and sites shall be recognized as products of their own time. Alterations which have no historical basis and which seek to create an earlier appearance should be discouraged.

6. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment.

These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

7. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.

8. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities to the extent possible. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

9. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historical building materials shall not be undertaken.

D. Demolition or removal of any structure designated as an historic site or structure is subject to the following procedures and criteria:

1. Demolition or removal of a structure designated as an historic site or structure shall require a conditional use permit.

2. No building, alteration, demolition or removal permits for any improvement, building, or structure shall be issued while the public hearing or any appeal is pending or prior to a final decision.

3. The county shall consider condition, historic integrity, age, historic significance, value to the community, economic consequences, design or construction rarity, and consistency with and consideration of other policy objectives in the acknowledged comprehensive plan. The county may approve, approve with conditions, or deny the request for demolition based on consideration of all review factors.

4. Approval of demolition is not final until all opportunities for appeal have passed, including appeals to LUBA or the Oregon Court of Appeals.

5. A demolition request for a property listed on the National Register of Historic Resources must be reviewed by the hearings officer after a public hearing is held. A demolition request for a property not listed on the National Register of Historic Resources is reviewed by Marion County planning staff unless otherwise requested. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 27.30.]

To prevent encroachment of potential hazards in the floodplain of natural waterways, particularly those not having a designated floodplain, there shall be a special setback from open waterways for all structures, fill, and outdoor storage as provided herein.

A. Outdoor storage, fill, and structures, with the exception of bank stabilization structures, dams, weirs, cable crossings, power poles, docks, bridges, culverts, and ramps and streets leading thereto, are prohibited within the following setback areas:

1. Thirty feet from natural lakes of one acre or more, reservoirs of one acre or more, and from the following natural waterways more than 15 feet wide: Willamette River, Santiam River, North Fork of the Santiam, Butte Creek, and the Pudding River. (See Chapter 16.20 MCC, Greenway Management Overlay Zone.)

2. Twenty feet from all other perennial rivers and streams, and any portion of the rivers and streams in subsection (A)(1) of this section that are less than 15 feet in width.

B. All measurements are horizontal and perpendicular from the line of nonaquatic vegetation, or the ordinary high waterline, whichever is furthest from the waterway.

C. Where the combination of setbacks required in the applicable zone and the stream setback result in a buildable lot depth of less than 50 feet, an adjustment to the stream setback or the setback requirements of the applicable zone may be granted provided the adjustment is the minimum necessary to accommodate the proposed structure. [Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 27.40.]

All uses shall be located on a lot having access to a public street. Access to a public street is defined as a minimum of 20 feet of frontage on one of the following:

A. A public street with a right-of-way not less than 20 feet wide throughout that has been graveled or paved and is open for public use to the subject lot.

B. A roadway not less than 20 feet wide graveled or paved and open for use to the subject lot prior to the effective date of the ordinance codified in this title and connecting with a public street qualifying under subsection (A) of this section.

C. A roadway not less than 20 feet wide with an all-weather surface connecting with a public street qualifying under subsection (A) of this section. Where the subject easement provides access to two or more dwellings or primary uses it must be paved to a width of 12 feet from the subject property to a public street.

D. A lot in a planned development owned by the homeowners’ association wherein a roadway is provided connecting a dwelling to a public street, and the roadway is improved as required in the approval of the planned development. [Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 27.50.]

No new dwelling or primary use, other than farm or forest use, dependent solely on a roadway for access to a street shall be allowed unless:

A. The roadway qualifies as access pursuant to MCC 16.27.500; and

B. The lot upon which the dwelling or use is located was established in accordance with:

1. County approval of a subdivision, partition or planned development prior to May 1, 1977, or in compliance with state law and county zoning regulations prior to the land division being regulated by the county; or

2. County approval of a planned development, or a variance to MCC 17.110.800, after May 1, 1977, and prior to the effective date of the ordinance codified in this title; or

3. County approval of a planned development after the effective date of the ordinance codified in this title; and

4. There are four or less dwellings or independent primary uses (other than farm or forest use without a dwelling) depending solely on the roadway for access to a street. [Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 27.51.]

The provisions in Chapter 8.05 MCC, Solid Waste Management, shall apply to all new development. [Ord. 1301 § 4 (Exh. A), 2010. UZ Ord. § 27.53]

A. The regulations set forth in this chapter shall apply to all structures accessory or secondary to a permitted or conditional use on a lot in any zone. Except as specifically noted herein, the provisions of this section supplement and do not supersede other development standards set forth in this title.

B. The provisions of this chapter shall not be deemed to waive or modify any requirement of this title for vision clearance areas, notwithstanding subsection (A) of this section.

C. Accessory or secondary structures which are attached to a structure occupied by a primary use shall be considered as a portion of the primary structure and shall observe the same requirements as the primary structure. Accessory or secondary buildings shall be considered as being attached to a dwelling or mobile home on the same lot when located within five feet thereof, except for accessory structures in mobile home parks. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 28.01.]

A. Structures accessory or secondary to a use allowed on property in a residential designation may be located in a side or rear yard provided:

1. The lot coverage by all accessory or secondary structures located in the required rear yard, except fences or retaining walls, shall total no more than 25 percent of the required rear yard; and

2. The accessory or secondary structure shall be set back at least one foot from any alley, or roadway adjacent to the rear lot line.

B. Structures accessory or secondary to a use allowed on property in a residential designation may not be located in the required front yard. Structures located in the non-required front or side yard shall meet the setbacks for the primary structure.

C. Structures accessory or secondary to a use allowed on property in a commercial, industrial or public designation, exclusive of fences and retaining walls, shall comply with required yards and setbacks for primary structures and shall be set back at least one foot from any alley or roadway. Accessory or secondary structures for a farm use in the UT zone shall not be located closer than 100 feet to a lot line adjacent to a residential zone. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1397 § 4 (Exh. B), 2019; Ord. 1369 § 4 (Exh. B), 2016; Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 28.02.]

The following height limitations shall apply to accessory and secondary structures:

A. Structures in a rear yard in residential zones or the UD and UT zones shall not project above the following height limits: nine feet at the lot line, increasing one foot for each one foot of distance from the lot line to a maximum height of 20 feet. Roof drainage shall be accommodated within the confines of the property.

B. The maximum height of any structure in commercial, industrial and P zones shall be the height limits for structures accommodating primary uses in the applicable zone; provided, that where the side or rear lot line of a lot in these zones is adjacent to a lot in a residential zone the height limits in subsection (A) of this section shall apply to any structure within 20 feet of a residential, UD and UT zone. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 28.03.]

The following provisions provide requirements and standards for the location, height and density of fences, walls and hedges in all zones for the purpose of providing light, air, privacy and safety:

A. Swimming pools shall be entirely enclosed by fences or walls not less than four feet in height before water is run into the pool.

B. Exclusive of vision clearance areas and special setback areas, in residential zones and the UT and UD zones a fence or screen wall not more than eight feet high may be located within the buildable area of a lot and within any street, front, side or rear yard. When fences, screen walls or hedges are located within 10 feet of a property line abutting a street, that portion of the fence, wall or hedge above two feet in height must be less than 25 percent opaque when viewed from any angle at a point 25 feet from the fence, wall or hedge.

C. Exclusive of vision clearance areas and special setback areas, a fence or wall not more than 12 feet in height may be located within the buildable area or the street, front, side or rear yard in any zone except as provided in subsection (B) of this section. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 28.10.]

All fences, walls and hedges along a street shall be measured from and along the sidewalk, or if no sidewalk exists, from and along the curb, or if no curb exists, from and along the finished shoulder grade of the street. All other fences, walls or hedges will be measured from and along the finished grade upon which the fence, wall or hedge is located. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 28.11.]

Fences and walls shall not be constructed of or contain any material which will do bodily harm, such as electric or barbed wire, broken glass, spikes, or any other hazardous or dangerous material, except as follows:

A. Barbed wire or electrified fences enclosing livestock are permitted in any zone permitting farm use. Electrified fences shall be posted or flagged at not less than 25-foot intervals with clearly visible warnings of the hazard when adjacent to developed areas.

B. Barbed wire is permitted more than eight feet above grade in commercial, industrial, P and UT zones; provided, that barbed wire shall not extend over a street, alley or roadway. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 28.12.]

Wherever a sight-obscuring fence, wall or hedge is required under the provisions of this title, it shall conform to the provisions of this section:

A. Opacity. Fences and walls, to be “sight-obscuring,” shall be at least 75 percent opaque when viewed from a 90-degree angle from the fence or wall. Hedges shall be of an evergreen species which will meet and maintain year-round the same standard within three years after planting.

B. Height. Except where otherwise limited, fences and walls shall be not less than six feet in height. Hedges shall be of a species capable of attaining a height of at least six feet within three years after planting. If at least 75 percent of the hedge plants do not achieve a six-foot height after three growing seasons, any plants less than five feet high shall be replaced with plants six feet high.

C. Maintenance. Fences and walls shall be structurally maintained in safe condition and be maintained opaque as required in subsection (A) of this section. Plants forming hedges shall be replaced within six months after dying with plants equal in height to healthy plants. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 28.13.]

The provisions of this chapter apply to all landscaping required under this title. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 29.00.]

Where the construction of, or addition to, a structure or parking area increases the total area of the lot covered by structures, paving, or both by more than 50 percent, the entire lot shall meet the landscaping requirements of this title; otherwise, only landscaping associated with the expansion shall be provided. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 29.01.]

Existing vegetation which is retained as part of the development may be included as part of the landscaping requirement unless prohibited under MCC 16.29.030. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 29.02.]

No area required to be landscaped under any provision of this title shall include any artificial trees, plants, or turf, impervious surfacing or any carpeting designed as a visual substitute for lawn or other ground cover. Neither areas devoted to the cultivation of farm crops nor any area used for pasture shall be considered as landscaped for purposes of fulfilling any landscaping requirement under this title. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 29.03.]

Repealed by Ord. 1301. [Ord. 863 § 5, 1990. UZ Ord. § 29.04.]

Repealed by Ord. 1301. [Ord. 863 § 5, 1990. UZ Ord. § 29.05.]

Where more than 20 uncovered parking spaces are provided, an area equal to not less than five percent of the area devoted to driveways and required parking spaces shall be landscaped. The landscaping required in this section shall be within or abutting the area devoted to parking spaces and shall not include, but shall be in addition to, any required yard. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 29.06.]

Required yards and planting areas near buildings shall be landscaped as provided herein:

A. In residential zones all portions of required yards lying between a street or roadway and the dwelling or between the street or roadway and any sight-obscuring fence or hedge located within the required yard shall be landscaped.

B. In commercial, industrial, P, UD and UT zones landscaping shall be provided in any required yard adjacent to a residential zone and in any required front or street yard, except area used for a driveway. The zoning administrator may also require use of shrubs and trees to reduce visual impact of building walls more than eight feet high and longer than 50 feet in commercial and industrial developments.

C. A landscaped area at least three feet wide shall be provided between any parking or loading spaces or driveway thereto, and a street or a lot in a residential zone unless a sight-obscuring fence or wall is provided along the lot line. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 29.07.]

A. Installation of required landscaping shall be a condition of issuance of a determination. Required landscaping shall be planted and installed prior to occupancy of any structure or establishment of a use except a single-family dwelling. Landscaping required on a lot occupied by a single-family dwelling shall be provided within two years of occupancy of the dwelling.

B. Plantings within landscaped areas shall be spaced so that the plants will achieve, within five growing seasons, ground coverage of at least 75 percent of the landscaped area. Landscaped areas not occupied by water shall be covered by organic or rock material.

C. Except in vision clearance areas and special setback areas, areas required to be landscaped in commercial and industrial zones between public streets and parking spaces and driveways shall be landscaped with berms and/or planting that will screen the parking area from view from the public. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 29.08.]

A landscape plan may be required as a condition of land use approval, and is required for all landscaping required under MCC 16.29.080(C). The zoning administrator shall determine if the plan meets the requirements of this title before issuing a determination of conformance. A landscape plan shall be drawn to workable scale showing all plantings by common names together with their size at time of planting or expected coverage within five growing seasons, the location and type of ground cover, the size and configuration of other landscaping features, and show the areas to be watered by an irrigation system. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 29.09.]

A. Off-street parking areas and off-street loading areas meeting the applicable requirements of this chapter shall be provided and maintained:

1. For each separate use in any building or structure erected after the adoption of this title.

2. For additional seating capacity, floor area, lodging rooms, or dwelling units added to any existing structure or lot.

3. When the use of the structure or a portion thereof is changed if the new use would require additional parking areas and off-street loading areas under the provisions of this title.

B. Except as provided in subsection (C) of this section where a structure is added to, or a portion thereof changed in use such that additional parking or loading is required, only so many additional spaces as would be required under MCC 16.30.170 for the area added or changed in use need be provided.

C. When a lot or structure as used prior to a structural addition or change of use did not have the number of parking and loading spaces, or the spaces were not improved as required under the applicable regulations and the deficiency is not lawfully nonconforming, parking and loading facilities meeting the requirements of this title shall be required to eliminate the deficiency. [Ord. 863 § 5, 1990. UZ Ord. § 30.00.]

Off-street parking and loading areas which existed on May 30, 1990, or which are provided as required by this chapter shall be maintained, or equivalent parking and loading areas provided; except that:

A. If this title reduces the number of required off-street parking or loading spaces, an affected use may diminish its parking and loading area to the new requirements.

B. When adjacent to transit service, the number of minimum required parking spaces may be reduced by up to 10 percent to redevelop the existing parking area for transit related uses including transit stops, pullouts and shelters, park and ride lots, transit-oriented developments and similar facilities where appropriate. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 30.01.]

A. Off-street parking and loading areas required by this title shall be provided on the same lot with the use except that:

1. In any residential zone, automobile parking spaces for dwellings and other uses permitted in a residential zone may be located on another lot if the lot is within 200 feet of the lot with the primary use.

2. In nonresidential zones the required parking area may be located off the site of the primary use or structure if it is within 500 feet of such site.

B. Off-street parking is incidental to the use which it serves. As such, it shall be located in a zone appropriate to that use, or where a public parking area is a specific permitted use. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 30.02.]

When calculations for determining the number of required off-street parking or loading spaces result in a requirement of fractional space, any fraction of a space less than one-half shall be disregarded, and a fraction of one-half or greater shall be counted as one full space. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 30.03.]

Except as provided for joint use parking in MCC 16.30.070, the land to be provided for off-street parking and loading areas, including driveways, aisles, and maneuvering areas, shall be owned in fee title by the owner of the property served by the parking; or in commercial and industrial zones the parking may be provided by a permanent and irrevocable easement appurtenant to the property served by the parking; or be leased for a minimum term of five years; provided, that upon expiration or termination of the lease, the parking requirements of this title shall otherwise be fully met within 30 days or the use discontinued until such requirements are met. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 30.04.]

A. Except as otherwise specifically provided in this title, off-street parking spaces shall be provided in amounts not less than those set forth in MCC 16.30.170.

B. For any proposed use not listed in MCC 16.30.170, the zoning administrator shall determine the parking space requirement for the most nearly similar use listed in MCC 16.30.170 with regard to traffic generation. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 30.05.]

In the Salem/Keizer urban growth boundary, bicycle parking shall be provided for all new multiple-family residential developments (four units or more), commercial, industrial and institutional uses, in the following manner:

A. The minimum number of required bicycle parking spaces are listed in MCC 16.30.170.

B. Bicycle parking spaces shall be a minimum of six feet long and two feet wide and provide a minimum four-foot access aisle unless spaces are provided to store the bicycle in a hanging position. Bicycle racks shall be provided as outlined in sub-section (C) of this section.

C. Bicycle racks must allow the use of the bicyclist’s own locking device.

D. Bicycle parking shall be provided within a convenient distance of, and clearly visible from the primary building entrance. This parking shall not be further than 50 feet from the public entrance to the building.

E. Direct access to the public right-of-way, with access ramps if necessary, and pedestrian access from the bicycle parking to the building entrance must be provided.

F. The following uses are exempted from the bicycle parking requirements:

1. Seasonal uses, such as fireworks stands and Christmas tree sales;

2. Drive-in theaters;

3. Self-storage facilities. [Ord. 1301 § 4 (Exh. A), 2010. UZ Ord. § 30.06.]

The zoning administrator may authorize the joint use of parking areas by the following uses or activities as a conditional use in every zone under the following conditions:

A. Up to 50 percent of the off-street parking spaces required by this title for a church, auditorium in a school, theater, bowling alley, dance hall, eating or drinking establishment may be satisfied by the off-street parking spaces provided by uses occupied only during the daytime on weekdays.

B. Up to 50 percent of the off-street parking spaces required by this title for any daytime use may be satisfied by the parking spaces provided for nighttime or Sunday uses pursuant to MCC 16.30.080.

C. All jointly used spaces shall be located with relation to all uses relying on such spaces within the applicable distance set forth in MCC 16.30.020.

D. The zoning administrator must find that there is no substantial conflict in the principal operating hours of the buildings or uses for which joint use of off-street parking facilities is proposed.

E. A properly drawn legal instrument executed by the parties concerned for joint use of off-street parking facilities shall be filed with the zoning administrator and recorded. Joint use parking privilege shall continue in effect only so long as such an instrument, binding on all parties, remains in force. If such instrument becomes legally ineffective, then parking shall be provided as otherwise required in this title within 60 days. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 30.07. Formerly 16.30.060.]

A. The following uses are considered as daytime uses for purposes of MCC 16.30.070: banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing or shoe repair or service shops, manufacturing or wholesale buildings, and other similar primarily daytime uses as determined by the zoning administrator.

B. The following uses are considered nighttime or Sunday uses for purposes of MCC 16.30.070: auditoriums incidental to a public or private school, churches, bowling alleys, dance halls, theaters, drinking and eating establishments, and other similar primarily nighttime uses as determined by the zoning administrator. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 30.08. Formerly 16.30.070.]

Prior to the construction of any vehicle parking facility for the use of 250 or more motor vehicles, or a parking facility that consists of two or more levels, notification shall be made by the developer to the State of Oregon Department of Environmental Quality. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 30.09. Formerly 16.30.080.]

Notwithstanding any other provision of this code, off-street parking requirements for nonresidential uses may be satisfied by implementation of a plan whereby the owner or any lessee will provide for or will increase the use of alternate modes of transportation and thereby decrease the need for off-street parking. Such a plan shall be first approved by the zoning administrator as a conditional use. Final approval shall be conditioned upon full, operational implementation of the plan, including any required payments, within such period as may be prescribed. [Ord. 1301 § 4 (Exh. A), 2010. UZ Ord § 30.10.]

A. Within the Salem/Keizer urban growth boundary:

1. Small car parking spaces may satisfy up to 75 percent of the spaces required by MCC 16.30.170.

2. A small car parking and loading space and maneuvering area size shall be as provided in MCC 16.30.190.

3. Each small car space shall be striped on all four sides by a four-inch painted line, except those sides which are adjacent to the edge of the paved area, or are adjacent to a wall or curb.

4. Small car parking areas shall be signed as “Small Car Parking Only.” Signs shall be prominently displayed within or immediately adjacent to each small car parking space or clearly indicated area of two or more such spaces, and shall be composed of letters not less than four inches in height.

5. Aisles serving small car spaces only shall have a minimum width of 22 feet. Aisles serving both small and standard car spaces shall have a minimum width of 24 feet.

B. Within other urban growth boundaries:

1. Small car parking spaces may satisfy up to 30 percent of the spaces required by MCC 16.30.170.

2. A small car parking and loading space and maneuvering area size shall be as provided in MCC 16.30.190.

3. Small car parking spaces in excess of the requirements of this chapter may be provided as long as all such spaces are marked “Compact Only.” [Ord. 1301 § 4 (Exh. A), 2010. UZ Ord. § 30.11.]

Within Salem/Keizer urban growth boundary, new nonresidential developments with 60 or more required parking spaces shall designate at least five percent of the total parking spaces for car pool or van pool parking. These designated car pool and van pool parking spaces shall be preferential in that they shall be the closest employee parking spaces to the building entrance normally used by employees, except for any handicapped parking provided. The car pool/van pool spaces shall be clearly marked “Reserved – Car Pool/Van Pool Only” with hours of use. [Ord. 1301 § 4 (Exh. A), 2010. UZ Ord. § 30.12.]

A. Except as otherwise specifically provided in this title, off-street loading shall be provided in amounts not less than those set forth in MCC 16.30.180.

B. An off-street parking area meeting the requirements of this chapter may also be used for loading when the use does not require a delivery vehicle which exceeds a combined vehicle and load rating of 8,000 pounds, and when the parking area is within 25 feet of the building or use which it serves. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 30.13. Formerly 16.30.100.]

All parking and loading areas required under this title, except those for a single-family dwelling on a lot, shall be developed and maintained as follows:

A. Location on Site. Required yards abutting a street shall not be used for such areas unless otherwise specifically permitted in this title (see MCC 16.25.200(D)). Side and rear yards that do not abut a street may be used for such areas when developed and maintained as required in this title.

B. Surfacing. Except as provided in MCC 16.30.160 or as an approved conditional use, all parking and loading areas and driveways thereto shall be paved to provide an all-weather surface with asphalt concrete, portland cement concrete, clay bricks or concrete blocks. The type of surfacing shall be approved by the Marion County department of public works. Parking and loading areas shall be adequately designed, graded, and drained. Drainage connections to a public storm drain system shall be approved by the Marion County department of public works. A storm water detention system conforming to the Marion County department of public works’ standards may be required.

C. Bumper Guards or Wheel Barriers. Bumper guards or wheel barriers shall be so installed that no portion of a vehicle will project into a public right-of-way or over adjoining property. The area beyond the wheel barriers or bumper guards shall be surfaced as required in subsection (B) of this section or landscaped.

D. Size of Parking Spaces and Maneuvering Areas. The parking area, each parking space and all maneuvering areas shall be of sufficient size and all curves and corners of sufficient radius as determined by the zoning administrator to permit the safe operation of a standard size automobile subject to the following additional minimum requirements:

1. Parking and loading space and maneuvering area size shall be as provided in MCC 16.30.190 and 16.30.200.

2. Maximum 10 percent grade for parking spaces and 15 percent for aisles.

3. Directional signs and pavement marking shall be used to control vehicle movement in parking area.

E. Access. All parking or loading areas shall be served with either separate ingress and egress driveways, or with an adequate turnaround area that is always available and usable. A current driveway permit from the Marion County department of public works is required for all access driveway installation or changes in use.

F. Lighting. Parking or loading areas that will be used at nighttime shall be lighted. Outdoor lighting shall be directed away from any adjacent residential zoned or used property, and shall not cast a glare onto moving vehicles on any public street.

G. Landscaping. Landscaping shall be provided as required in MCC 16.29.060.

H. Underground Parking. Notwithstanding any other provision of this title, parking areas in all zones other than the UT zone may be located underground beneath required yards provided no portion of the structure enclosing the parking area projects into the required yard, and all required yards beneath which parking is located are landscaped as provided in MCC 16.29.070.

I. Plans for all parking and loading areas required under this chapter at a workable scale shall be submitted to the zoning administrator for approval prior to issuance of a determination of conformance; or, if no building permit is required, at the time of application for a driveway permit; or, if no such permit is required, prior to commencing any paving or use of the parking or loading area. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 30.14. Formerly 16.30.110.]

All driveways providing access to parking spaces and loading areas required under this title, including those for a single-family dwelling on a lot, shall conform to the following development standards:

A. Grade. The maximum difference between the curbline and finished floor level of the garage or carport for driveways serving individual lots shall not exceed 15 percent, provided the director of public works may permit a difference in elevation not exceeding a 20 percent slope; provided, that there is no slope exceeding 25 percent between any two points in the driveway, and that adequate vertical curves or ramps are used in the driveway to assure usability by a standard size automobile.

B. Surfacing. The surface of driveways shall be pavement; provided, that driveways to a single-family dwelling shall be paved if the street is curbed.

C. Drainage. All driveways shall be adequately drained and the provisions for drainage shall be approved by the director of public works.

D. Street Access. The entries and exits of driveways on a public street shall conform to the provisions of the driveway permit required by the Marion County department of public works as well as the specific provisions of this title.

E. Turnarounds. If a driveway serving more than two parking or loading spaces serving a use other than a single-family dwelling has only one point of access to a public street, or does not loop to a single street access, a turnaround area approved by the director of public works shall be provided.

F. Width of Driveways. Driveway width shall be as specified by the director of public works through the driveway permit process.

G. “No Parking” Signs. Where a driveway is an integral part of a parking, loading or vehicle storage area and not simply a means of access to such area, one “no parking” sign for every 60 feet of length of the driveway shall be erected, but in no event shall less than two signs be erected. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 30.15. Formerly 16.30.130.]

A. As used in this section, “seasonal” means limited to a period of no more than six months in any 12-month period, but related to a unique or an annually occurring event or condition; and “temporary” means limited to a fixed maximum term not to exceed five years, and related to a condition or need which is expected to cease within that fixed term.

B. The zoning administrator may grant an adjustment for the use of a gravel-surfaced parking or loading area in a zone on either a seasonal or temporary basis upon being satisfied that the seasonal or temporary need cannot be otherwise reasonably and economically met; the use will be, in fact, seasonal or temporary; and each of the following conditions is or will be met by the applicant:

1. A seasonal permit for parking shall be granted for only that period, not to exceed six months in any 12-month period, as is necessary to meet a genuine need for gravel parking and may be renewed annually upon a new adjustment application.

2. At the conclusion of the seasonal period, the gravel area used for seasonal parking shall be closed to vehicle access by a physical barrier.

3. A temporary permit for parking shall be granted for a period not to exceed one year and annually renewable for no more than four additional years, which is necessary to meet a genuine need for gravel parking.

4. The seasonal or temporary permit may be renewed annually, up to a total period of five years. The applicant shall be required to submit written findings that the facts upon which the approval was originally based have not changed to an extent sufficient to warrant an entirely new conditional use application. If the administrator finds a substantial change in the circumstances upon which approval was originally granted, he or she may require a new adjustment application for the renewal.

5. Gravel parking and loading areas shall be improved with a minimum of four inches of base rock covered by a minimum of two inches of three-quarter inch or smaller crushed rock as a leveling course, except that gravel parking and loading areas used exclusively by passenger cars need only be improved with a minimum of three inches of base rock.

6. No gravel parking or loading area shall be permitted within 500 feet of any residential zone.

7. Gravel parking and loading areas shall be screened from all adjacent uses by a sight-obscuring fence, wall or hedge.

8. Wheel barriers shall be provided to designate and protect each parking space.

9. Parking lot signing approved by the county shall be provided.

10. No gravel parking area shall exceed 15,000 square feet; provided, that any more restrictive area requirement established by state or federal law or administrative regulation as applicable shall be met.

11. A landscaped area at least five feet in depth, which may include the required screening, shall be provided along the perimeter of each gravel parking area.

All of the above to match city code. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 30.16. Formerly 16.30.140.]

[Ord. 1372 § 4 (Exh. A), 2016; Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 30.17. Formerly 16.30.150.]

[Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 30.18. Formerly 16.30.160.]

A. Parking spaces required by this title shall conform to the design standards herein. No portion of a parking space shall be located in a required landscaped yard.

B. Width and Length of Parking Spaces. Parking spaces shall be nine feet wide and 17 feet long except as follows:

1. Small car parking spaces shall be eight feet wide and 15 feet long.

2. Where a landscaped area, fence or wall is alongside a parking space, the space shall be 10 feet wide, except a small car space shall be 8.5 feet wide. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 30.19. Formerly 16.30.170.]

Driveways providing access to parking spaces shall conform to the design standards herein.

A. Standards for Driveways Providing Access to Parking Spaces for Dwellings.

B. Standard for driveways providing access to parking spaces for all other uses:

C. One-way driveways shall be clearly marked or signed.

D. Curves and corners where a driveway does not have adjacent parking spaces shall have a minimum inside radius of 25 feet at the curb or pavement edge. Curves and corners where there are adjacent parking spaces shall have a minimum inside radius of 35 feet at the curb or pavement edge.

E. The widths and radii herein apply only to driveways on private property. For driveways accessing public streets, the widths and radii of driveways within the limits of the public street right-of-way shall conform to department of public works standards. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 30.20. Formerly 16.30.180.]

A. Where commercial, industrial, or P zones permit storage of vehicles, boats, aircraft, equipment, containers or merchandise of any type outside of a building, or if such storage is permitted as part of a conditional use in any zone, such storage areas and any access driveway shall be paved unless a conditional use is granted.

B. Drainage from paved or gravelled outdoor storage areas shall be contained on site unless plans for off-site drainage have been approved by the Marion County department of public works. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 30.21. Formerly 16.30.200.]

Lighting of outdoor storage or parking areas shall be directed away from adjacent residential properties and public streets. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 30.22. Formerly 16.30.210.]

The sign regulations in this chapter are intended to provide minimum standards to safeguard property and public welfare, to preserve locally recognized values of community appearance, and to reduce hazards to motorists and pedestrians traveling on public streets. A sign is considered a use of property under the provisions of this code. [Ord. 1296 § 4(2) (Exh. B), 2009; Ord. 1204 § 4, 2004; Ord. 966 § 4, 1994. UZ Ord. § 31.00.]

For the purpose of this chapter the following definitions shall apply:

A. “Alteration” means any change in the size, shape, method of illumination, position, location, material, construction, or supporting structure of a sign.

B. “Awning” means a temporary or removable shelter supported entirely from the exterior of a building and composed of nonrigid materials except for support framework.

C. “Awning sign” means a sign painted on or affixed to an awning.

D. “Building face or wall” means all window and wall area of a building on one plane or architectural elevation.

E. “Building frontage” means the portion of a building facing a street right-of-way or on-site parking lot.

F. “Change of sign face” means where an existing sign is altered by a change of message or design on the sign face, without any change to the size or shape of the sign framework or structure, excluding marquee, electronic message boards, menu boards, and changeable face signs.

G. “Display” means any identifiable visual form or character, which may be comprised solely or be comprised of a combination of words, symbols, images, and graphic elements.

H. “Electronic display sign” means a sign including, or comprised solely or partially of, an electronic display that can be changed by automatic means, including, but not limited to, the operation of computer software, is internally illuminated, is permanently fixed to a foundation and shall not include TPCMS (temporary portable changeable message signs).

I. “Effect” means sequential, flashing, or simultaneous illumination by electrical means other than by an electronic display. As used in this chapter, effects include, but are not limited to:

1. Animated effect: illumination that depicts a moving object, thing, person, animal, or happening or depicts an ongoing series of images.

2. Chaser effect: illumination that is intended to lead the eye by producing lineal or circular movement.

3. Scintillating effect: illumination that provides a random twinkling of lights, including illumination that forms images, words or sentences at the end of the sequence of twinkling lights.

4. Speller effect: illumination that spells a word, one letter, sentence, number, or character at a time, including flashing a complete word or words or sentence.

J. “Electronic time and temperature sign” means a sign, or portion thereof, that announces time, temperature and/or date.

K. “Electronic display” means a display created by light emitting diodes, liquid crystal displays, plasma display panels, pixel or sub-pixel technology, or other similar technology. As used in this chapter, electronic displays include, but are not limited to:

1. Dissolve: the changing of an electronic display by means of varying light intensity or pattern, where one display gradually appears to dissipate or lose legibility simultaneously with the gradual appearance and legibility of a subsequent display.

2. Fade: the changing of an electronic display by means of varying light intensity, where one display gradually reduces intensity to the point of being illegible or imperceptible and the subsequent display gradually increases intensity to the point of being legible or capable of being perceived.

3. Scrolling: the changing of an electronic display by the apparent vertical movement of the visual image, such that a new visual image appears to ascend and descend, or appear and disappear from the margins of the sign in a continuous or unfurling movement.

4. Static display: an electronic display that does not change.

5. Travel: the changing of an electronic display by the apparent horizontal movement of the visual image.

6. Video display: providing an electronic display in horizontal or vertical formats to create continuously moving images.

L. “Fabric sign” means any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, fabric or other light material, with or without frames, which is not permanently affixed to a supporting structure.

M. “Flashing” means sudden or intermittent electrical illumination.

N. “Freestanding sign” means a sign supported by one or more upright poles or braces placed in or upon the ground and wholly detached from any building. Also known as a ground sign.

O. “Indirect illumination” means a source of illumination directed toward a sign so that the beam of light falls upon the exterior surface of the sign.

P. “Integrated business center” means a group of two or more businesses which have been developed as a unit and which have common parking facilities.

Q. “Internal illumination” means a source of illumination from within a sign, including neon signs, but not including electronic display signs and temporary portable changeable message signs.

R. “Marquee” means a permanent roofed, but not an enclosed, structure, attached to or supported by a building for the purpose of providing shelter to patrons entering a building or to patrons in automobiles.

S. “Nit” means a measurement of luminance, where one nit is equal to one candela per square meter (1cd/m2). A “candela” means a unit of measurement of the intensity of light, where one candela is the monochromatic radiation of 540THz with a radiant intensity of 1/683 watt per steradian in the same direction. By way of example, an ordinary wax candle generates approximately one candela.

T. “Nonconforming sign” means an existing sign, lawful at the time of the enactment of this chapter, which does not conform to the requirements of this code.

U. “Portable sign” means any sign not permanently attached to the ground, a building, or other structure, not including TPCMS (temporary portable changeable message signs).

V. “Projecting sign” means signs other than wall signs, which are attached to and project from a structure or building face more than 18 inches.

W. “Roof sign” means a sign supported by, and located on or over, the roof of a building.

X. “Sign” means any medium, including its structure and component parts, which is used or intended to be used to attract attention to the subject matter for advertising or identifying purposes. “Sign” does not include any cloth attached to a single pole equipped to raise and lower the cloth from the ground.

Y. Sign Area.

1. Except as provided in subsection (Y)(2) of this section, the area of a sign shall be calculated by adding the outer dimensions of all the faces presenting a sign message. Pole covers and columns shall not be included in the area of the measurement if they do not include advertising or information. Double-faced signs will be calculated as one sign only when placed back-to-back and separated by no more than 24 inches.

2. The area of a wall sign without a border shall be computed by enclosing the entire sign within sets of parallel lines touching the outer limits of the sign message.

Z. “Sign height” means the distance measured from the average elevation of the ground adjacent to the structure that the sign is mounted on, or the elevation of a public sidewalk or street curb within 10 feet of the sign structure, to the greatest height of the sign face.

AA. “Sign structure” means the supports, uprights, braces, framework and other structural components of the sign.

BB. “Street frontage” means the portion of a property which abuts a street right-of-way.

CC. “Temporary portable changeable message signs (TPCMS)” means any sign that is visible for only 60 days twice per year capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means with a dwell time of six seconds, is internally illuminated, not permanently affixed to the ground, a building, or other structure, serves a temporary purpose, is freestanding without a permanent foundation, and contains a surface area of no more than 32 square feet and a height of no more than eight feet.

DD. “Temporary sign” means any sign that is visible for only 60 days twice per year, is without illumination, not permanently affixed to the ground, a building, or other structure, serves a temporary purpose, is freestanding without a permanent foundation, including lawn signs, vehicle signs, fabric signs and balloon signs but not including TPCMS (temporary portable changeable message signs).

EE. “Under marquee sign” means a sign which is erected or maintained under and is supported by a marquee.

FF. “Wall sign” means any sign placed or painted directly against a building wall, with the exposed face of the sign in a plane approximately parallel to the plane of the wall and projects outward from the wall not more than 18 inches including marquee and under marquee signs.

GG. “Window sign” means any sign that is erected or placed within a building or structure but is visible from the exterior of said building or structure. [Ord. 1296 § 4(2) (Exh. B), 2009; Ord. 1204 § 4, 2004; Ord. 966 § 4, 1994. UZ Ord. § 31.01.]

All signs shall be designed, constructed, altered, and maintained according to the following standards:

A. All signs shall comply with the applicable provisions of the Oregon Structural Specialty Code and all other applicable county structural, electrical and other regulations.

B. Except for banners, flags, temporary signs and window signs conforming in all respects with the requirements of these regulations, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or other structure.

C. All signs shall be maintained in good structural condition.

D. The owner of the property on which the sign is located shall be responsible for its erection and maintenance and its compliance with the provisions of these regulations or other laws or ordinances regulating signs. [Ord. 1296 § 4(2) (Exh. B), 2009; Ord. 1204 § 4, 2004; Ord. 966 § 4, 1994. UZ Ord. § 31.02.]

The zoning administrator may determine a sign to be unlawful or abandoned and require its removal or alteration to conform with this chapter and other applicable county law if it endangers public safety or violates the provisions of this chapter. [Ord. 1296 § 4(2) (Exh. B), 2009; Ord. 1204 § 4, 2004; Ord. 966 § 4, 1994. UZ Ord. § 31.03.]

Subject to the limitations in MCC 16.31.050, 16.31.060, 16.31.065, 16.31.070, 16.31.080 and 16.31.090, the following signs and sign work are permitted in all zones. Except for signs described in subsection (A) of this section, the following signs shall not be included when determining compliance with total allowed area:

A. Change of Sign Face. Altering the message or design on the sign face without any change to size or shape of the sign framework or structure.

B. Traffic Control Devices, Roadway Signs, Required Public Notices. Traffic signs and all other signs erected or maintained by a municipal or governmental body or agency, including danger signs, railroad crossing signs, city entrance signs, and signs of a noncommercial nature required by public laws, ordinances or statutes. Notices and signs erected by public officers performing official duties including those erected pursuant to law, administrative order, or court order.

C. Other Warning Signs. Signs placed on private property to warn the public of a danger or prohibition located on the private property, including, but not limited to, “No Trespassing” or “No Dumping” signs, provided such sign does not exceed four square feet in area and six feet in height.

D. Building Identification. Permanent building plaques, corner stones, name plates and similar building identifications not more than four square feet in area per building.

E. Historical Signs. Markers erected or maintained by a recognized historical society or organization identifying sites, buildings, or structures.

F. Interior Signs. Signs located in the interior of any building or within an enclosed lobby or court of any group of buildings that are designed and located to be viewed by patrons.

G. Real Estate Signs. While a lot, building, or portion of a building is for rent, sale or lease, one unlighted sign visible from each street frontage is permitted. Each sign shall not exceed 12 square feet in a RS zone.

H. Preexisting Nonconforming Signs. Permanent signs that existed and were legal prior to the date of adoption of this code that do not conform to the provisions of this chapter with respect to number, surface area, location, or illumination. Preexisting nonconforming signs may be repaired but not replaced unless they were approved by a previous land use decision. Replacement of signs approved by a previous land use decision may only be replaced to the same extent as was allowed in that previous decision. [Ord. 1296 § 4(2) (Exh. B), 2009; Ord. 1204 § 4, 2004; Ord. 966 § 4, 1994. UZ Ord. § 31.04.]

The following signs are prohibited in all zones:

A. Vehicle Signs. Signs which are placed on or affixed to a bus, car, boat, trailer or other motorized vehicle and parked on public or private property with the primary purpose of providing a sign not otherwise permitted by this chapter. This provision is not intended to prohibit signs painted upon or applied directly to a vehicle that is actively used in the daily function of a business.

B. Hazardous Signs. No sign shall be permitted at or near the intersection of a street or driveway in such a manner as to obstruct free and clear vision of motor vehicle operators or at any location where by reason of its position, shape, or color it may interfere with or be confused with an authorized traffic sign, signal, or device, or which makes use of a word, symbol or phrase, shape or color in such a manner as to interfere with, mislead, or confuse traffic.

Illustration of hazardous signs:

C. Animated Signs. Any sign using an effect not otherwise permitted by this chapter.

D. Balloons or similar types of anchored objects not otherwise allowed in this chapter.

E. Portable, fabric, or temporary signs not otherwise allowed in this chapter.

F. Signs that emit audible sound, odor, or visible matter. This does not include signs integral to an intercom system serving customers remaining in their vehicles.

G. Signs that use or employ side guy lines of any type.

H. Signs that obstruct any fire escape, required exit, window or door opening used as a means of egress.

I. Signs closer than 10 feet horizontally or vertically from any overhead power line or electrical conductors.

J. Signs that project into or over driveways, roadways and street rights-of-way, except under marquee signs that project over a public sidewalk. Such under marquee signs shall not be less than seven feet six inches above the sidewalk and shall not exceed a maximum of six square feet.

K. Signs in a street right-of-way not otherwise allowed in this chapter whether attached to a pole, post, utility pole or placed on its own stake and placed into the ground. [Ord. 1296 § 4(2) (Exh. B), 2009; Ord. 1204 § 4, 2004; Ord. 966 § 4, 1994. UZ Ord. § 31.05.]

Except as provided in MCC 16.31.040, no sign shall be erected or maintained in residential, UD and UT zones except as set forth in this section:

A. Maximum Square Footage.

1. RS Zone.

a. For single-family, duplex, or home occupation, one unlighted wall or window sign not exceeding four square feet.

b. For uses other than those in subsection (A)(1)(a) of this section, one freestanding internally illuminated or electronic display sign not exceeding 32 square feet with a dwell time of one hour, except changes to correct hour-and-minute or temperature information, which may change no more often than once every three seconds.

c. One unlighted temporary sign not exceeding six square feet and 30 inches above grade visible for 60 days twice per year.

d. A temporary sign up to 32 square feet may be approved as an adjustment as provided in MCC 16.31.130.

2. RL, RM, UD, and UT Zones.

a. For single-family, duplex, or home occupation, one unlighted wall or window sign not exceeding four square feet.

b. For uses other than those in subsection (A)(2)(a) of this section, one internally or indirectly illuminated freestanding sign or one electronic display sign not exceeding 32 square feet with a dwell time of one hour, except changes to correct hour-and-minute or temperature information, which may change no more often than once every three seconds.

c. One unlighted temporary sign not exceeding six square feet and 30 inches above grade visible for 60 days twice per year.

d. A temporary sign up to 32 square feet may be approved as an adjustment as provided in MCC 16.31.130.

e. For apartments and retirement homes, only one temporary banner sign not exceeding 50 square feet per street frontage, located on that frontage and visible for 30 days four times per year.

B. Height.

1. Freestanding sign: six feet.

2. Wall and window signs: eight feet.

C. Setbacks. Signs shall be located at least three feet from a lot line abutting a street. All signs shall comply with requirements for vision clearance areas and special street setbacks. Freestanding signs may be erected in special setback areas established in MCC 16.27.210(C).

D. Illumination.

1. Indirect illumination shall be directed away from and not be reflected upon adjacent premises, streets or roadways. Illumination shall be subject to the standards in MCC 16.31.100(A).

2. The light source for an internally illuminated sign may be comprised of light emitting diodes, so long as the light emitting diodes are used for illumination only, do not create an electronic display or effect, and conform to the brightness limitations set forth in MCC 16.31.100(B). [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1296 § 4(2) (Exh. B), 2009; Ord. 1204 § 4, 2004; Ord. 966 § 4, 1994. UZ Ord. § 31.06.]

Except as provided in MCC 16.31.040, no sign shall be erected or maintained in a P zone except as set forth in this section:

A. Maximum Square Footage.

1. One internally or indirectly illuminated freestanding sign per street frontage with driveway access not exceeding 32 square feet or one electronic display sign not exceeding 32 square feet with a dwell time of eight seconds, except changes to correct hour-and-minute or temperature information, which may change no more often than once every three seconds.

2. One temporary sign not exceeding six square feet and 30 inches above grade visible for 60 days twice per year.

3. A temporary sign up to 32 square feet may be approved as an adjustment as provided in MCC 16.31.130.

4. One temporary banner sign not exceeding 50 square feet per street frontage, located on that frontage, and visible for 30 days four times per year.

B. Height.

1. Freestanding sign: six feet.

2. Wall and window signs: eight feet.

3. For signs allowed in subsection (A)(1) of this section: 15 feet.

C. Setbacks. Signs shall be located at least three feet from a lot line abutting a street. However, all signs shall comply with requirements for vision clearance areas and special street setbacks. Freestanding signs may be erected in special setback areas established in MCC 16.27.210(C).

D. Illumination.

1. Indirect sign illumination shall be directed away from, and not be reflected upon, adjacent premises and streets or roadways. Illumination shall be subject to the standards in MCC 16.31.100(A).

2. The light source for an internally illuminated sign may be comprised of light emitting diodes, so long as the light emitting diodes are used for illumination only, do not create an electronic display or effect, and conform to the brightness limitations set forth in MCC 16.31.100(B).

E. Signs no larger than 800 square feet shall be permitted within stadiums, athletic fields, and other outdoor assembly facilities, where they are intended primarily for viewing by persons within the facility, are oriented toward the interior of the facility and viewing stands, and are only used during events where the public attends as spectators. Notwithstanding any other provision of this chapter, signs allowed by this subsection may employ any effect and shall not be subject to the limitation imposed in MCC 16.31.110(A). [Ord. 1296 § 4(2) (Exh. B), 2009.]

Except as provided in MCC 16.31.040, no sign shall be erected or maintained in a CO zone except as set forth in this section:

A. Maximum Square Footage. The total area of all signs shall not exceed one square foot for each linear foot of building frontage.

1. Freestanding sign: one sign per street frontage with driveway entrance limited to a maximum 24 square feet each.

2. One wall sign for each wall facing a street or parking lot, limited to 32 square feet.

3. One temporary sign not exceeding six square feet and 30 inches above grade visible for 60 days twice per year.

4. A temporary sign up to 32 square feet may be approved as an adjustment as provided in MCC 16.31.130.

5. One temporary banner sign not exceeding 50 square feet per street frontage, located on that frontage, and visible for 30 days four times per year.

6. Roof signs: not permitted.

7. Subject to the standards above, one electronic display sign not exceeding 32 square feet with a dwell time of one hour, except changes to correct hour-and-minute or temperature information, which may change no more often than once every three seconds.

B. Maximum Height.

1. Freestanding sign: 15 feet.

2. Wall sign: Signs shall not project above the parapet or roof eaves.

C. Minimum Setback. Signs shall be located at least three feet from a lot line abutting a street. However, all signs shall comply with requirements for vision clearance areas and special street setbacks. Freestanding signs may be erected in special setback areas established in MCC 16.27.210(C).

D. Illumination.

1. Indirect sign illumination shall be directed away from, and not be reflected upon, adjacent premises and streets or roadways. Illumination shall be subject to the standards in MCC 16.31.100(A).

2. The light source for an internally illuminated sign may be comprised of light emitting diodes, so long as the light emitting diodes are used for illumination only, do not create an electronic display or effect, and conform to the brightness limitations set forth in MCC 16.31.100(B).

E. Parking Lot Signs. Two permanent signs to identify each motor vehicle entrance into or exiting from the premises. Each sign shall be limited to eight square feet in area and a height of 30 inches above the sidewalk or 36 inches above the street elevation where there is no sidewalk. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1296 § 4(2) (Exh. B), 2009; Ord. 1204 § 4, 2004; Ord. 966 § 4, 1994. UZ Ord. § 31.07.]

Except as provided in MCC 16.31.040 and 16.31.090, no sign shall be erected or maintained in any other zones except as set forth in this section:

A. Maximum Square Footage. The aggregate area of all signs shall not exceed one and one-half square feet for each linear foot of building frontage. A sign shall not exceed 150 square feet.

1. Freestanding sign: One sign per street frontage with entrance access.

2. Roof sign: One.

B. Maximum Height.

1. Freestanding sign: 25 feet.

2. Wall sign: Signs shall not project above the parapet or roof eaves.

3. Roof sign: Not higher than the peak of the roof.

C. Minimum Setback. No sign shall project into the public right-of-way. All signs shall comply with requirements for vision clearance areas and special street setbacks. Freestanding signs may be erected in special setback areas established in MCC 16.27.210(C).

D. Illumination.

1. Indirect sign illumination shall be directed away from and not be reflected upon adjacent premises and streets or roadways. Illumination shall be subject to the standards in MCC 16.31.100(A).

2. The light source for an internally illuminated sign may be comprised of light emitting diodes, so long as the light emitting diodes are used for illumination only, do not create an electronic display or effect, and conform to the brightness limitations set forth in MCC 16.31.100(B).

E. Subject to the standards above, one electronic display sign with a dwell time of eight seconds, except changes to correct hour-and-minute or temperature information, which may change no more often than once every three seconds.

F. Parking Lot Signs. Two permanent signs to identify each motor vehicle entrance onto or exit from the premises. Each sign shall be limited to eight square feet in area and a height of 30 inches above the sidewalk or 36 inches above the street elevation where there is no sidewalk.

G. One temporary sign not exceeding six square feet and 30 inches above grade visible for 60 days twice per year or one balloon sign up to 35 feet above the roof visible for only 14 days in any six-month period.

H. One temporary banner sign not exceeding 50 square feet per street frontage, located on that frontage, and visible for 30 days four times per year.

I. One temporary portable changeable message sign for 60 days twice per year. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1296 § 4(2) (Exh. B), 2009; Ord. 1204 § 4, 2004; Ord. 966 § 4, 1994. UZ Ord. § 31.08.]

Except as provided in MCC 16.31.040, only signs permitted in this section are allowed in an integrated business center in CR and CG zones:

A. Integrated Business Center Sign. One freestanding structure per street frontage with driveway entrance access.

1. Maximum height: 25 feet.

2. Maximum Square Footage. Total sign area attached to the structure shall not exceed 300 square feet. One sign on the structure may be up to 150 square feet. Other attached signs shall not exceed 75 square feet.

3. Minimum Setback. Signs shall not project into the public right-of-way. Signs shall comply with requirements for vision clearance areas and special street setbacks. Freestanding signs may be placed in special setbacks (see MCC 16.27.210(C)).

4. Subject to the standards above, one electronic display sign with a dwell time of eight seconds, except changes to correct hour-and-minute or temperature information, which may change no more often than once every three seconds.

B. Signs for Individual Businesses in Integrated Business Centers. Wall, awning and window signs are permitted subject to the following requirements:

1. Maximum Square Footage. The total sign area is based upon street frontage (arterial and collector streets only) and frontage on common parking areas. The aggregate sign area shall not exceed one and one-half square feet for each linear foot of building frontage for a maximum of two building frontages. A sign shall not exceed 150 square feet.

2. Maximum Height. Signs shall not project above the parapet or roof eaves.

3. Illumination. Wall signs shall be internally illuminated.

4. Business Identification Sign. Freestanding individual businesses may have one monument sign not to exceed 32 square feet in area or six feet in height. This sign is in lieu of advertising on the freestanding business center sign and is deducted from the total sign area allowed for the business.

C. One temporary sign not exceeding six square feet and 30 inches above grade visible for 60 days twice per year or one balloon sign up to 35 feet above the roof visible for only 14 days in any six-month period or one banner sign not exceeding 50 square feet visible for 30 days in any 365-day period.

D. Illumination.

1. Indirect sign illumination shall be directed away from and not be reflected upon adjacent premises and streets or roadways. Illumination shall be subject to the standards in MCC 16.31.100(A).

2. The light source for an internally illuminated sign may be comprised of light emitting diodes, so long as the light emitting diodes are used for illumination only, do not create an electronic display or effect, and conform to the brightness limitations set forth in MCC 16.31.100(B).

E. One temporary portable changeable message sign for 60 days twice per year.

F. Parking Lot Signs. Two permanent signs to identify each motor vehicle entrance into or exit from the premises. Each sign shall be limited to eight square feet in area and a height of 30 inches above the sidewalk or 36 inches above the street elevation where there is no sidewalk. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1296 § 4(2) (Exh. B), 2009; Ord. 1204 § 4, 2004; Ord. 966 § 4, 1994. UZ Ord. § 31.09.]

All illuminated signs are subject to the following standards:

A. Indirect illuminated signs shall be so located and designed that the light source, viewed by an observer five feet from above grounds at the boundary of the property, shall be either completely shielded from direct view or no greater than one-half foot candle.

B. Brightness. All electronic display signs must be constructed, operated, or otherwise function in such a way as to not exceed the provisions of this subsection:

1. At the time of installation, electronic display signs may be illuminated to a degree of brightness that is no greater than 7,500 nits between sunrise and sunset and that is no greater than 1,000 nits between sunset and sunrise; provided, that an electronic display sign comprised solely of one color shall not exceed the following levels:

a. For a display comprised of red only, 3,150 nits between sunrise and sunset, and 450 between sunset and sunrise;

b. For a display comprised of green only, 6,300 nits between sunrise and sunset, and 900 nits between sunset and sunrise;

c. For a display comprised of amber only, 4,690 nits between sunrise and sunset, and 670 nits between sunset and sunrise.

2. All electronic display signs must be maintained and operated to meet the following brightness standards:

a. No sign shall be brighter than is necessary for clear and adequate visibility.

b. No sign shall be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver’s operation of a motor vehicle.

c. No sign shall be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal.

3. The person owning or controlling an electronic display sign must adjust the sign to meet the brightness standards in accordance with these standards. The adjustment must be made immediately upon notice of noncompliance from the director.

4. All electronic display signs must be equipped with a mechanism that automatically adjusts the brightness in response to ambient conditions and equipped with a means to immediately turn off the display if it malfunctions, and the sign owner or operator must immediately turn off the sign or lighting when notified by the director that it is not complying with the standards in this section. [Ord. 1296 § 4(2) (Exh. B), 2009.]

In addition to all other standards in this chapter relating to electronic display, signs shall meet the following standards:

A. The actual change of display for an electronic display sign shall be completed in two seconds or less. Displays may change by dissolve, fade, or by instantaneous change from one static display to another, but shall remain as a static display after completing the change, and, once changed, shall remain static until the next change. Except as authorized in MCC 16.31.065(E), scrolling, travel, and video display are prohibited.

B. Notwithstanding any other provision in this chapter, a municipal corporation providing transit services may erect one electronic display sign in each of the corporation’s transit stops, which shall be limited to two square feet in area, screened from adjacent residential properties, and used only for the transmission of public information by the corporation. [Ord. 1296 § 4(2) (Exh. B), 2009.]

Adjustments to standards contained in this chapter may be allowed subject to the following criteria:

A. The proposed development will not have a significant adverse impact upon adjacent existing or planned uses and development; and

B. The adjustment will not have a significant adverse effect upon the health or safety of persons working or residing in the vicinity; and

C. The adjustment is the minimum necessary to achieve the purpose of the adjustment and is the minimum necessary to permit development of the property for the proposed use; and

D. The intent and purpose of the specific provision to be adjusted is clearly inapplicable under the circumstances; or the proposed development maintains the intent and purpose of the provision to be adjusted. [Ord. 1296 § 4(2) (Exh. B), 2009.]

The uses set forth in this section shall meet the applicable criteria and conditions in this section whenever such uses are listed as conditional uses in a particular zone. The minimum standards and conditions set forth in this section are in addition to general criteria and conditions for conditional uses, provided in Chapter 16.40 MCC. [Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 32.01.]

Solid waste disposal sites as defined in subsection (A)(3) of this section are specific conditional uses, and shall be developed and operated in compliance with this section, and any conditions imposed in the conditional use approval.

A. Definitions. As used herein:

1. “Dispose” or “disposal” means the accumulation, storage, collection or transportation of solid waste to a transfer facility, disposal site, sanitary landfill, or resource recovery facility. The term does not include recycling depots and drop stations for source-separated reusable materials.

2. “Solid waste” means all putrescible and nonputrescible wastes, including but not limited to garbage, rubbish, refuse, ashes, waste paper and cardboard, sewage sludge, septic tank and cesspool pumpings or other sludge; commercial, industrial, demolition and construction wastes, discarded or abandoned vehicles or parts thereof, discarded home and industrial appliances; manure, vegetable or animal solid or semi-solid wastes, dead animals and other wastes.

The term does not include hazardous wastes as defined by ORS Chapter 459 or regulations adopted by the Department of Environmental

Quality or Environmental Quality Commission, and liquids or solids that the Department of Environmental Quality does not consider solid waste under its rules and regulations and which are salvageable or are disposed of by irrigation or placement on land in a public zone or on lands outside of an urban growth boundary.

3. “Solid waste disposal site” means land used for the disposal or handling of waste or solid wastes, including, but not limited to, dumps, landfills, sludge lagoons, sludge treatment facilities, disposal sites for septic tank pumping or cesspool cleaning service, composting plants, salvage sites, incinerators for solid waste delivered by the public or by a franchised collector or franchised transporter of solid waste. The term does not include a hazardous waste facility subject to the permit requirements of ORS Chapter 459; or a landfill site which is used by the owner or person in control of the premises to dispose of soil, rock, concrete or other similar nondecomposable materials, unless the site is used by the public, either directly or indirectly, or a solid waste transfer station as defined in MCC 16.49.242, or a recycling depot as defined in MCC 16.49.222, or a drop station as defined in MCC 16.49.084.

B. Criteria. In addition to the criteria in Chapter 16.40 MCC, the following criteria shall be satisfied as part of a conditional use permit approval for a solid waste disposal site:

1. Screening. Sites shall be screened from view from adjoining developed properties and public streets.

2. Vehicular Access and Unloading. The primary access to the disposal area and unloading areas shall have an all-weather surface adequate for delivery vehicles.

3. Drainage. Surface water drainage shall be adequate to prevent flooding, health hazards or pollution of surface or ground waters.

4. Impacts. Operations that may create noise, litter, lighting, or odors adversely affecting nearby property shall be managed to minimize these impacts.

5. Trespassing. If unauthorized access poses a hazard, the site shall be fenced or other control provided.

6. Redevelopment Plan. A plan for the reclamation or redevelopment of the site shall be required if the life expectancy of the site is less than 10 years. The conditional use permit shall provide for implementation of the plan within three years of discontinuance. As a condition of approval a bond or security deposit may be required in a form approved by county legal counsel, conditioned upon the faithful performance of the approved plan, and in an amount at least equal to the estimated cost of implementation. [Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 32.10.]

Surface mining sites shall be developed and operated in compliance with this section. The purpose of this section is to implement the legislative policy expressed in ORS 517.760 and the goals and policies relating to mineral resource extraction expressed in the Comprehensive Plan; and to provide for regulations on the operation and reclamation of mined lands.

A. Definitions.

1. As used herein, the words and phrases defined in ORS 517.750 and OAR 632-30-010 shall have the meanings set forth therein.

2. “Surface mining” means mining of 50 cubic yards or more of sand, gravel and rock, stockpiling, rock crushing, washing, sizing, processing as defined in ORS 517.750, and all structures, apparatus and appurtenances necessary for these uses. Surface mining may also include a residence for a caretaker.

3. “Mining” includes all or any part of the process of mining by the removal of overburden and the extraction of natural mineral deposits thereby exposed by any method including open-pit mining operations, auger mining operations, processing, surface impacts of underground mining, production of surface mining refuse and the construction of adjacent or off-site borrow pits. “Mining” does not include excavations of sand, gravel, clay, rock or other similar materials conducted by a landowner or tenant on the landowner or tenant’s property for the primary purpose of reconstruction or maintenance of access roads and excavation or grading operations conducted in the process of farming or cemetery operations, on-site road construction or other on-site construction, or nonsurface impacts of underground mines.

B. Reclamation Plan Required – Other Conditions. As a plan for reclamation of the surface mining site which, at a minimum, satisfies the requirements of OAR 632-30-025 (except that the word “hearings officer” shall replace the word “department” as used therein) shall be submitted with an application for conditional use approval for a surface mining operation. In addition to conditions relating to the reclamation of the site, conditions as to conduct of the surface mining operation otherwise permitted under Chapter 16.40 MCC may be imposed. Compliance with an approved reclamation plan shall be a condition of approval.

C. Bond or Security Deposit Required. As a condition of approval, the applicant shall file with the county a bond or security deposit in a form approved by county legal counsel conditioned upon fulfilling any conditions of approval and requirements of this section. The bond may be in addition to or the same bond as required by the Oregon Department of Geology and Mineral Resources.

D. Failure to Maintain Compliance.

1. The operator of a surface mining operation under conditional use approval shall continuously operate and maintain the site within the terms and conditions set forth in this section and the conditional use approval.

2. In the event any of the conditions prescribed pursuant to this section or described in ORS 517.860(2)(a) through (d) (the period of time mentioned in paragraph (a) of such subsection being the compliance period specified in a written notice from the zoning administrator to correct deficiencies), the county may cause the required work to be done and the cost thereof, if not paid by the owner, operator, or surety, to be assessed as a lien against the property. [Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 32.20.]

A temporary home for the care of the infirm may be approved as a conditional use subject to meeting the following criteria:

A. A doctor of medicine or licensed psychologist shall sign a statement indicating the physical or mental condition that prevents the person(s) with the infirmity from providing the basic self care needed to live on a separate lot. The statement shall also attest that the physician or licensed psychologist is convinced the person(s) with the infirmity must be provided the care so frequently or in such a manner that the caretaker must reside on the same premises.

B. The residence occupied by those having the infirmity shall not be occupied by others capable of providing the needed assistance.

C. Those providing the needed assistance shall be related by blood, marriage or legal guardianship and reside in another residence on the lot. If evidence is presented that there is no family member able to provide the needed care, the caretaker may be someone else.

D. Those providing the care must show that they will be available and have the skills to provide the primary care required by the doctor or psychologist.

E. The existing residences on the property either cannot be modified or expanded to accommodate those needing care, or there is some reason the caretaker and those with the infirmity need to live in separate residences.

F. Either the residence occupied by the person(s) with the infirmity or those providing the care shall be a mobile home or a dwelling that will be removed at such time as the person(s) with the infirmity no longer reside on the lot. An agreement to remove one of the residences within 60 days of the date the person(s) with the infirmity no longer resides on the lot shall be signed by the property owner and those providing the care.

G. The temporary residence shall, to the extent permitted by the nature of the property and existing development:

1. Be located as near as possible to other residences on the property;

2. Not require development of a new driveway access to the street;

3. Be connected to the existing wastewater disposal system if feasible.

H. The use shall be subject to review every year and shall meet the above criteria in order to qualify for renewal. [Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 32.30.]

A home occupation that employs no more than one person (“person” includes volunteer, nonresident employee, partner, or other person) in the conduct of the home occupation may be approved as a conditional use subject to meeting the following criteria:

A. The premises upon which the home occupation is conducted shall be the residence of the person conducting the home occupation.

B. The home occupation shall be continuously conducted in such a manner as not to create any nuisance, public or private, known law or equity, including but not limited to: noise, odors, vibration, fumes, smoke, fire hazard, or electronic, electrical, or electromagnetic interference.

C. No sign shall be displayed on the premises except those as permitted in MCC 16.31.060(A).

D. No structural alterations shall be made to the dwelling that would be inconsistent with future use of the building as a dwelling.

E. No alteration to or use of the premises shall be made that would reduce the number of on-site parking spaces required for dwellings as outlined in MCC 16.30.170.

F. Parking of customers’ or clients’ vehicles shall create no hazard or unusual congestion. If the home occupation requires any parking for an employee or customer, a site plan meeting the requirements for off-street parking in Chapter 16.30 MCC shall be submitted and approved by the planning manager.

G. Delivery and pick-up of materials or commodities in conjunction with the home occupation to and from the premises shall be made by private vehicles or by commercial vehicles not exceeding two axles in size.

H. There shall be no outside storage or display of materials, equipment, or merchandise used in or produced in connection with the home occupation.

I. Retail and wholesale sales that do not involve customers coming to the property, such as Internet, telephone or mail order off-site sales, and incidental sales related to the home occupation services being provided are allowed. No other sales are permitted as, or in conjunction with, a home occupation.

J. The dwelling or other buildings shall not be used for assembly or dispatch of employees to other locations. [Ord. 1204 § 4, 2004; Ord. 863 § 5, 1990. UZ Ord. § 32.40.]

Medical marijuana businesses shall be operated in compliance with this section.

A. Medical Marijuana Producer *and/or Medical Marijuana Processor*.

1. Shall be conducted entirely indoors.

2. Emit no light visible to adjacent neighboring property owners or the public.

3. Ensure odors are not detectable on adjacent neighboring properties.

4. Comply with the alarm system control ordinance, Chapter 8.25 MCC.

5. Owners, employees and volunteers shall submit to a criminal background check by the sheriff pursuant to ORS 181.533 and OAR 257-010-0025(1)(a). It shall be a violation of this section if an owner, employee or volunteer has been convicted of the manufacture or delivery of a controlled substance in Schedule I or Schedule II within five years of the date of the criminal background check; has been convicted more than once of the manufacture or delivery of a controlled substance in Schedule I or Schedule II at any time; or has been convicted of any of the following crimes at any time: criminal mistreatment based upon the unlawful manufacture of a controlled substance, child neglect I, racketeering, use of minor in controlled substance offense, manufacture or delivery of hydrocodone within 1,000 feet of a school, manufacture or delivery of a controlled substance within 1,000 feet of a school, causing another to ingest a controlled substance, application of a controlled substance to the body of another person, or felony driving under the influence of intoxicants.

6. The person or entity shall keep all real and personal property tax accounts current for the business for which it is the taxpayer.

7. No minors are allowed on the business premises.

8. No consumption of medical marijuana is allowed on the business premises unless otherwise as allowed for employees in OAR 333-008-1200. The business must comply with the Oregon Indoor Clean Air Act that prohibits indoor tobacco smoking. The business may not be co-located with a tobacco smoking lounge, or any kind of marijuana social club where marijuana is consumed.

B. Medical Marijuana Dispensary*.

1. The property on which the facility is located may not be located within 1,000 feet of a property containing a pre-kindergarten, Head Start program, community learning center, certified child care facility regulated pursuant to ORS Chapters 329, 329A, and 657A, a relief nursery regulated pursuant to ORS Chapter 417, a public park, public or private elementary, secondary, or career school primarily attended by minors.

2. Comply with the alarm system control ordinance, Chapter 8.25 MCC.

3. May not be open any day before 7:00 a.m. or after 10:00 p.m.

4. Owners, employees and volunteers shall submit to a criminal background check by the sheriff pursuant to ORS 181.533 and OAR 257-010-0025(1)(a). It shall be a violation of this section if an owner, employee or volunteer has been convicted of the manufacture or delivery of a controlled substance in Schedule I or Schedule II within five years of the date of the criminal background check; has been convicted more than once of the manufacture or delivery of a controlled substance in Schedule I or Schedule II at any time; or has been convicted of any of the following crimes at any time: criminal mistreatment based upon the unlawful manufacture of a controlled substance, child neglect I, racketeering, use of minor in controlled substance offense, manufacture or delivery of hydrocodone within 1,000 feet of a school, manufacture or delivery of a controlled substance within 1,000 feet of a school, causing another to ingest a controlled substance, application of a controlled substance to the body of another person, or felony driving under the influence of intoxicants.

5. The person or entity shall keep all real and personal property tax accounts current for the business for which it is the taxpayer.

6. No minors are allowed on the business premises unless the minor is an Oregon Medical Marijuana Program (OMMP) cardholder and is accompanied by a parent or guardian and not in areas prohibited by OAR 333-008-1200.

7. No consumption of medical marijuana is allowed on the business premises unless otherwise as allowed for employees in OAR 333-008-1200. The business must comply with the Oregon Indoor Clean Air Act that prohibits indoor tobacco smoking. The business may not be co-located with a tobacco smoking lounge, or any kind of marijuana social club where marijuana is consumed. [Ord. 1372 § 4 (Exh. A), 2016.]

In the interpretation and application of this chapter, the provisions hereof shall be held to be the minimum requirements adopted for the public health, safety, and welfare. To protect the people, among other purposes, such provisions are intended to provide for permanently wholesome community environment, adequate public services and safe streets for accomplishing, among other things, the following objectives:

A. Better living conditions within new subdivisions.

B. Orderly and economic development of urbanizable land.

C. Simplification and definiteness of land descriptions.

D. Establishment and development of streets, utilities, drainage systems and public areas.

E. Stabilization of property values in the subdivision and adjacent areas.

F. Provide standards and regulations which will inform the public and aid in uniform enforcement.

G. To regulate the subdividing and partitioning of land within urban growth boundaries in Marion County in accord with applicable state statutes and the state planning goals. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002. UZ Ord. § 33.01.]

For the purpose of this chapter, words used in the present tense include the future, the singular number includes the plural, and the term “this chapter” shall be deemed to include all subsequent amendments.

“Block” means the properties abutting on one side of a street between either:

1. Two cross streets; or

2. Between the city limits and the nearest cross streets; or

3. When there is only one cross street:

a. Between a cross street and the dead end of a street;

b. Between a cross street and a line projected from the centerline of an intersecting street, such as a “T” intersection;

c. Between a cross street and a point 400 feet from the particular property under consideration when there is no other cross street or intersecting street within 400 feet; or

4. When there are no cross streets, then the block shall be between the points 400 feet from each side of the property under consideration and along the street.

“Building lines” means the lines indicated, or otherwise described, limiting the area upon which structures may be placed.

“Centerline” means the legally described survey lines on which the right-of-way was initially established or to which the right-of-way was subsequently relocated.

“Director” means the planning director or designee.

“Division” means the Marion County planning division.

“Easement” means the right to use or cross a parcel of land.

“Flag lot” means a lot, the major portion of which has access to a street by means of a narrow strip of land not less than 20 feet in width.

“Manufactured home” means a vehicle or structure constructed for movement on public highways, that has sleeping, cooking, and plumbing facilities, is intended for human occupancy, and is being used for residential purposes.

“Partition” means either an act of partitioning land or an area or tract of land partitioned as defined in this chapter.

“Partition land” means to divide land to create not more than three parcels of land within a calendar year.

“Person” means a natural person, heirs, executors, administrators, or assigns and also includes a firm, partnership or corporation, its or their successors, or assigns, or the agent of any of the aforesaid, and the state or any political subdivision, agency, board or bureau of the state.

“Planned development” means a subdivision of land incorporating common open space with each dwelling being placed on its own lot. See MCC 16.26.800.

“Plat” includes a final map, diagram, drawing, replat, or other writing containing all descriptions, locations, specifications, dedications, provisions and information concerning a subdivision or partitioning and complying with the provisions of ORS 92 and 209.

“Property line adjustment” means the relocation or elimination of a common property line between abutting properties that does not create an additional parcel.

“Shall” means mandatory.

“Street” or “road” means a public or private way that is or has been created to provide ingress or egress for persons to one or more lots, parcels, areas, or tracts of land, excluding a private way that is created to provide ingress or egress to such land in conjunction with the use of such land for forestry, mining, or agricultural purposes. The term “street” shall include thoroughfare as defined herein.

1. Arterial.

a. Principal Arterial.

i. Continuous segments with trip length and travel density indicative of statewide or interstate travel; and

ii. Serve all of the large urban areas and most of the moderate-sized cities.

b. Arterial.

i. Link cities, larger towns, and other major traffic generators; and provide interstate and inter-county service; and

ii. Spaced such that all developed areas of the region are within reasonable distance of an arterial; and

iii. Serve a higher travel density, trip length, and overall travel speed than collector and local systems.

2. Collector.

a. Major Collector.

i. Provide service to larger towns not directly served by higher classed roads and to other traffic generators of equivalent intra-county importance (including parks, tourist attractions, significant resource areas, etc.); and

ii. Link these places with nearby towns and cities, or routes of higher classification; and

iii. Serve the more important intra-county travel corridors.

b. Minor Collector.

i. Spaced at intervals to collect traffic from local roads and bring all developed areas within a reasonable distance of a collector road; and

ii. Provide service to any remaining smaller communities and traffic generators; and

iii. Link locally important traffic generators with their local constituents.

3. “Cul-de-sac” means a dead-end road or street with vehicular turnaround at or near the dead end.

4. “Dead-end street” means the same as cul-de-sac with no turnaround at the dead end.

5. “Half street” means a portion of the ultimate width of a road or street where the remaining portion of the road or street shall be provided at a future date.

6. Local.

a. Primarily provide access to adjacent lands; and

b. Provide relatively short travel distances compared to higher classed facilities.

“Subdivide land” means to divide land to create four or more lots within a calendar year.

“Subdivider” means any person who undertakes the subdivision of land.

“Subdivision” means either an act of subdividing land or an area or tract of land subdivided as defined in this section. The term “subdivision” shall include planned developments as defined herein.

“Thoroughfare” means any vehicular way through the planned development or any vehicular way within the planned development.

1. Minor thoroughfares are to serve specific property only, not the general traffic circulation in the area, and need to be constructed only wide enough to adequately perform this function. Minor thoroughfares include “T” turnarounds, cul-de-sacs, circles, loops, and those “L” shaped streets not functioning as a through thoroughfare.

2. Major thoroughfares are publicly owned streets permitting traffic to move in one side of the planned development and out of another.

“Utility facilities overhead” means all utility poles, overhead wires, and associated overhead facilities with the exception of:

1. Antennas, associated equipment, and supporting structures used by a utility for furnishing communication services.

2. Equipment appurtenant to underground facilities such as surface-mounted transformers and switchgear, pedestal-mounted terminal boxes, meter cabinets, concealed ducts, and municipal fire alarms, street lights, traffic control signals and poles used exclusively for such services as are served from an underground source of supply.

3. Temporary poles, overhead wires, and associated overhead facilities used in conjunction with construction projects.

4. High-capacity electric and communication feeder lines and utility transmission lines operating at 50,000 volts or more. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002. UZ Ord. § 33.02.]

Article I. General Regulations

When considering a subdivision or partitioning plan, the commission, director, hearings officer or board, when it exercises its authority pursuant to Chapter 16.37 MCC, shall consider whether or not it is in accordance with the adopted ordinances, comprehensive plans, and land development policies of Marion County. In reviewing an application, the commission, director, hearings officer or board may prescribe conditions or make changes or modifications to the subdivision or partitioning plan to bring them into compliance with any applicable ordinances or regulations. [Ord. 1170 § 4, 2002. UZ Ord. § 33.04.]

No person shall create a street or road for the purpose of partitioning an area or tract of land without the approval of the commission, director, hearings officer, or board. [Ord. 1170 § 4, 2002. UZ Ord. § 33.06.]

A. No person shall negotiate to sell any lot in any subdivision until a tentative plan of the subdivision has been approved.

B. No person shall dispose of, transfer, sell, or agree, offer or negotiate to sell any lot in any subdivision by reference to or exhibition or other use of a plat of such subdivision that has been so recorded. [Ord. 1170 § 4, 2002. UZ Ord. § 33.08.]

The following requirements shall apply to all property line adjustments:

A. Regardless of the size of the adjustment, when a property line to be adjusted is part of a division of land previously approved by the Marion County planning director, planning commission, hearings officer, or board of commissioners it must be reviewed by the planning director.

B. Except as provided in subsection (A) of this section, no approval is necessary for property line adjustments in the RL (limited multiple-family residential), RM (multiple-family residential), CO (commercial office), CR (commercial retail), CG (commercial general), HC (highway commercial), IC (industrial commercial), IP (industrial park), IG (general industrial) or IH (heavy industrial) zones.

C. Except as provided in subsections (A) and (B) of this section, all property line adjustments shall require approval under the partitioning procedure if the adjustment exceeds 10 percent of the total land area of the smallest affected parcel.

D. Any adjustment or removal of a property line or public easement involving a parcel in a recorded partition plat or lot line in a recorded subdivision shall be performed by means of the replat process specified in ORS 92.180 through 92.190.

E. Property line adjustment deeds shall be recorded with the Marion County clerk’s office prior to submitting the property line adjustment survey, if a survey is required. Deed recording reference numbers shall be noted on the required survey. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1170 § 4, 2002. UZ Ord. § 33.14.]

Article II. Roads, Streets and Easements

Engineering standards and requirements, including but not limited to streets, drainage, access, easements, and thoroughfare improvements, shall be those currently approved by the Marion County department of public works. [Ord. 1170 § 4, 2002. UZ Ord. § 33.16.]

No person shall dedicate for public use, or deed to Marion County, a parcel of land which is used or proposed to be used as access without first obtaining the approval of the board or its designee and delivering the deed to the board for its endorsement. No dedication is effective unless the property is accepted by the board or its designee and recorded with the Marion County clerk’s office. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002. UZ Ord. § 33.18.]

Applicants submitting preliminary development plans shall provide for local streets oriented to or connecting with existing or planned streets, existing or planned schools, parks, shopping areas, transit stops, and employment centers located within one-half mile of the development. Applicants shall also provide for extension of local streets to adjoining major undeveloped properties and eventual connection with the existing street system. Connections to existing or planned streets and undeveloped properties along the border of the parcel shall be provided at no greater than 600-foot intervals, unless the planning director, or designee, determines that one or more of the following conditions exist:

A. Physical or topographic conditions make a street or accessway connection impractical. Such conditions include, but are not limited to, freeways, railroads, steep slopes, wetlands or other bodies of water where a connection could not reasonably be provided; or

B. Buildings or other existing development on adjacent lands physically preclude a connection now or in the future considering the potential for redevelopment. [Ord. 1170 § 4, 2002. UZ Ord. § 33.19.]

When it appears necessary to continue streets to an adjacent acreage, the streets shall be platted to the boundary or property line of the proposed subdivision without a turnaround. In all other cases, dead-end streets shall have a turnaround with a configuration approved by the Marion County department of public works. [Ord. 1170 § 4, 2002. UZ Ord. § 33.20.]

The property line radius at street intersections shall be to Marion County department of public works’ standards. [Ord. 1170 § 4, 2002. UZ Ord. § 33.22.]

No street grade shall be in excess of 12 percent unless the commission or hearings officer finds that, because of topographic conditions, a steeper grade is necessary. The commission or hearings officer shall require a written statement from the director of public works indicating approval of any street grade that exceeds 12 percent. [Ord. 1170 § 4, 2002. UZ Ord. § 33.24.]

If land to be subdivided or partitioned will cause the termination of a right-of-way of less than standard width, the applicant shall dedicate sufficient land to provide for a cul-de-sac or to increase the half (or halves) of right-of-way bordering the subject parcel to one-half of the standard width. Unless otherwise specified for an individual street in this title, standard right-of-way widths are subject to the standards of the Marion County department of public works. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002. UZ Ord. § 33.26.]

Where topographical requirements necessitate either cuts or fills for the proper grading of the streets, additional right-of-way or slope easement may be required to accommodate the cut and fill. [Ord. 1170 § 4, 2002. UZ Ord. § 33.28.]

Whenever adequate assurances of performance are required as a condition of approval of any subdivision under this title, the applicant shall provide one of the following:

A. A surety bond executed by a surety company authorized to transact business in the state of Oregon, in an amount equal to 100 percent of the construction cost of the required improvements, as verified by the county.

B. A verified deposit with a responsible escrow agent or trust company of cash or negotiable bonds in an amount equal to 100 percent of the construction costs of the required improvements, together with an agreement that the deposit may be disbursed only upon county approval. The agreement shall include a provision that the county shall allow release of the deposit in such amounts and at such times as a corresponding proportion of the required improvements are completed to the satisfaction of the county engineer following an inspection by the county engineer or the engineer’s authorized representative.

C. An irrevocable letter of credit from one or more financial or lending institutions pledging that funds equal to 100 percent of the construction cost of all required improvements are available to the applicant and are guaranteed for payment for the improvements.

Regardless of the option chosen above, no building permits for any structures within the subdivision will be issued until all improvements have been completed by the applicant. Or, in the event the applicant fails to complete all improvements, the county may estimate the cost of completing any required improvement, call on the bond or deposit for the funds necessary to complete the improvement, and complete the improvement to the extent of the funds obtained upon call of the bond or deposit. If the amount obtained from the bond or deposit is insufficient to complete the improvement, the county may either hold the collected funds until additional funds are authorized for the improvement or expend the collected funds on a revised improvement or on a portion of the improvement as determined reasonable by the director of public works. Following final inspection, if the improvement is complete and the amount of the bond or deposit exceeds the actual cost to the county of completing the improvement, the remainder shall be released.

D. Maintenance Bonds. The applicant shall provide a maintenance bond in a form approved by the office of county legal counsel equal to 40 percent of the construction cost of all required improvements. The applicant shall provide the bond within 30 days after final review of the required improvements. The bond shall remain in effect for one year after the completion of construction of all required improvements. The purpose of the bond is to guarantee applicant’s obligation to maintain all required improvements for a period of one year after completion of construction of all required improvements. After the expiration of the one-year period, any remaining balance on the bond shall be released. The bond shall include a provision stating that, in the event the county must take legal action to recover on this bond, and it prevails at trial or on appeal, the county shall be entitled to recover its reasonable attorneys’ fees and its costs and disbursements. Nonpayment of the bond will not invalidate applicant’s obligations under the bond. [Ord. 1170 § 4, 2002. UZ Ord. § 33.29.]

Utility easements meeting the approval to the standards of the affected utilities shall be provided to all newly created lots. [Ord. 1170 § 4, 2002. UZ Ord. § 33.30.]

All street or road improvements including pavement, curbs, sidewalks, signage, and surface drainage shall be in accordance with the specifications and standards prescribed by the director of public works. Subdivision plats shall not have final approval until such time as the director of public works, or his/her designee, is satisfied that the street improvements will be completed in accordance with the specifications and standards set forth by the Marion County department of public works.

No building permits within a subdivision or partition shall be issued until the director of public works, or his/her designee, approves that the improvements have been completed or sufficient improvement agreements and financial guarantees have been recorded. [Ord. 1170 § 4, 2002. UZ Ord. § 33.32.]

In the event the subdivider or developer elects to provide private streets or thoroughfares, they shall be maintained by the homeowners’ association and a maintenance agreement shall be submitted to Marion County for review and approval prior to recording the final plat. [Ord. 1170 § 4, 2002. UZ Ord. § 33.34.]

Article III. Blocks and Lots

Block lengths and widths shall be determined after considering the following factors:

A. The distance and alignment of existing blocks and streets adjacent to or in the general vicinity of a proposed subdivision;

B. Topography;

C. Lot size; and

D. Need for and direction of the flow of through and local traffic. Blocks shall not exceed 600 feet between street or road right-of-way lines unless the adjacent layout or special conditions justify greater length. Except where topographical or other physical features require otherwise, block widths shall not be less than 120 feet or greater than 400 feet. [Ord. 1170 § 4, 2002. UZ Ord. § 33.36.]

Where topographic or other conditions make necessary a block of unusual length, the commission may require midblock pedestrian walks with a right-of-way at least 10 feet in width which shall be hard surfaced through the block, and extending from street curb to street curb. [Ord. 1170 § 4, 2002. UZ Ord. § 33.38.]

All lots approved under this chapter shall have sufficient area to be consistent with the intent of the Comprehensive Plan and to provide adequate area for the intended structures and uses, all setbacks, access and spacing required for water supply and waste water disposal. Lots to be served by public or privately owned sewage collection and disposal system must meet the requirements and have approval of the Oregon State Department of Environmental Quality before being recorded or sold. State regulations, soil types, drainage, terrain, and location may be included as part of the criteria used by the state or county in determining appropriate lot sizes for lots using subsurface disposal of sewage. Lot size and dimensions shall be as prescribed in the corresponding zone. [Ord. 1170 § 4, 2002. UZ Ord. § 33.40.]

When front lot lines are on a curve or arc, the front line distance shall be indicated on the final plat by bearing and chord distance. [Ord. 1170 § 4, 2002. UZ Ord. § 33.42.]

Side lot lines shall be as close to right angles to the front street line as practicable. Unless otherwise approved, rear lot lines shall be not less than one-half the width of the front lot lines. [Ord. 1170 § 4, 2002. UZ Ord. § 33.44.]

Article IV. Sewage, Water and Utilities

All lots or parcels shall be served by an authorized sewage disposal system. Subsurface sewage disposal for individual parcels shall meet the requirements of the Department of Environmental Quality (DEQ) and the Marion County building inspection division. Those subsurface sewage systems that are used by a community, sanitary district, industry, or incorporated area must be authorized by the Department of Environmental Quality (DEQ) via the Marion County building inspection division. Installation and maintenance shall be in accordance with the Department of Environmental Quality’s regulations and requirements. The commission, director, or hearings officer may require connection to an existing sewage collection and treatment system regardless of lot suitability for subsurface disposal if the commission, director or hearings officer deems it necessary and provided the connection is available. [Ord. 1170 § 4, 2002. UZ Ord. § 33.46.]

All lots or parcels shall be served by an authorized public or private water supply system.

A. Public or Private Systems. Public or private systems shall meet the requirements of the Oregon State Health Division with reference to chemical and bacteriological quality. In addition, such systems must meet the quantity, storage, and distribution system requirements of the State Health Division and the operator of the water system. [Ord. 1170 § 4, 2002. UZ Ord. § 33.48.]

All proposed subdivisions within established or proposed urbanizing areas of municipalities, service districts and other incorporated communities, where, upon concurrence from the municipality, district, or incorporated community that public sewer and water services are imminent, shall be developed with water and sewer lines that meet the specifications of the director of the Marion County department of public works. [Ord. 1170 § 4, 2002. UZ Ord. § 33.50.]

All permanent utility service to lots in a subdivision within an established urban growth boundary shall be provided from underground facilities and no overhead utility service to a subdivision shall be permitted. The subdivider shall be responsible for complying with the requirements of this section and shall:

A. Obtain a permit from the director of public works for the placement of all underground utilities.

B. Make all necessary arrangements with utility companies and other persons or corporations affected by the installation of such underground lines and facilities in accordance with the rules and regulations of the public utility commissioner of the state of Oregon. [Ord. 1170 § 4, 2002. UZ Ord. § 33.52.]

Underground easements for utilities and overhead utility facilities shall be provided by the subdivider and set forth on the final plat. Each easement shall be a minimum of 10 feet in width except on the perimeter of the subdivision where the minimum width shall be five feet and, when possible, such easement shall be centered on or bordering a lot line. The subdivider shall provide five-foot utility easements on both sides of all road or street rights-of-way of 60 feet or less. [Ord. 1170 § 4, 2002. UZ Ord. § 33.54.]

Proposed subdivisions located within established street lighting district boundaries shall submit street lighting plans from the appropriate power company to the director of public works for approval. All provisions for wiring for underground installation shall be completed before the final street improvement is made. [Ord. 1170 § 4, 2002. UZ Ord. § 33.56.]

Article V. Partitionings

Prior to the actual filing of a partitioning application it is recommended that the applicant contact the staff for a pre-application conference. The meeting will enable the staff to review the proposal and determine if the partition is consistent with the intent of this title and the Comprehensive Plan and whether public services are required and available. [Ord. 1170 § 4, 2002. UZ Ord. § 33.58.]

When an area or tract of land is to be partitioned an application shall be filed with the planning division; provided, that this section shall not apply to partitioning where all lots maintain a minimum of 20 feet of frontage on a public street in the RL, RM, CO, CR, CG, IC, IP, HC, IG, or IH zones. This administrative decision shall be final unless an appeal is taken as provided in MCC 16.33.720. When a partitioning application is to be considered concurrently with an additional land use application, the initial decision may be made by the director or hearings officer. The director shall determine if annexation to a sewer or water district or a city is required for any partition proposed inside an urban growth boundary. If the director determines that annexation is required, annexation or a nonremonstrance agreement must be filed with the appropriate agency. [Ord. 1170 § 4, 2002. UZ Ord. § 33.60.]

The following application information is required:

A. The application form filled out completely in ink.

B. Copy of the officially recorded title transfer instrument (deed, warranty deed, or contract) that shows the legal description for the parent parcel.

C. Plot Plan. The plot plan should be on a separate sheet of paper eight and one-half inches by 11 inches and must be drawn in ink, showing the location of the proposed property lines and adjustments, and distances to structures, property lines, roads, drainage, access, and other features. The plot plan must be reviewed and initialed as accepted by a plans examiner from the building inspection division.

D. If the property is within the geologically hazardous overlay zone, any study required by Chapter 16.24 MCC shall accompany the application. If the chapter requires peer review of the study, this must also be submitted with the partition application.

E. A written statement which explains your reasons for dividing the land and how the division conforms to Marion County land use policies and regulations of the applicable zone.

F. If the partitioning includes the creation of a private roadway the applicant must include four proposed road names in the order of preference.

G. Filing fee. [Ord. 1170 § 4, 2002. UZ Ord. § 33.62.]

Upon receipt, a copy of the application shall be distributed to the Marion County department of public works, county assessor, county surveyor, building inspection division, and other affected agencies with a request for comments or suggestions regarding those features that come within the scope of their activities. [Ord. 1170 § 4, 2002. UZ Ord. § 33.64.]

Unless an adjustment is granted as provided herein, partitions shall conform to applicable regulations contained in MCC 16.33.180 through 16.33.660. [Ord. 1170 § 4, 2002. UZ Ord. § 33.66.]

All lots must have a minimum 20 feet of frontage on a public right-of-way or, when an access easement is proposed to serve one or more lots in any partitioning, the location and improvement of the roadway access shall conform to the following standards which are necessary for adequate access for emergency vehicles. Evidence that the access has been improved to these standards and a driveway permit has been obtained shall be provided prior to the issuance of building permits on the parcels served by the access easement. The easement shall meet the following standards:

A. Have a minimum easement width of 25 feet;

B. Have a maximum grade of 12 percent;

C. Be improved with a paved surface with a minimum width of 20 feet;

D. Provide adequate sight distance at intersections with public roadways;

E. Be provided with a road name sign at the public roadway as an identification for emergency vehicles in accordance with Chapter 11.55 MCC, Naming and Addressing Roads/Property. [Ord. 1170 § 4, 2002. UZ Ord. § 33.68.]

Notice of the decision, including any adjustments, and information on the appeal process shall be sent to the applicant, mortgagees, department of public works, affected county agencies, and all landowners within the notification area. [Ord. 1170 § 4, 2002. UZ Ord. § 33.70.]

Upon final action on the partitioning by the director, interested persons may appeal the decision through the process outlined in MCC 16.37.080. [Ord. 1170 § 4, 2002. UZ Ord. § 33.72.]

If the director’s decision is appealed, the hearings officer or board shall conduct a public hearing in accordance with Chapter 16.44 and/or 16.45 MCC. [Ord. 1170 § 4, 2002. UZ Ord. § 33.74.]

The hearings officer or board shall render a decision on the appeal in accordance with the provisions of this chapter, after the conclusion of the hearing. Notice of the decision shall be provided to the applicants, appellant, and others requesting notice in writing.

The decision of the hearings officer may be appealed to the board no later than 15 days after the decision is rendered. The board may sustain the decision or decide the appeal with or without a further public hearing. If a public hearing is held it shall conform with Chapter 16.45 MCC. If the board exercises its authority pursuant to MCC 16.45.020, its decision is final and appealable only to the Oregon Land Use Board of Appeals. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002. UZ Ord. § 33.76.]

Within two years of approval of the partitioning application, the applicant shall submit to the Marion County surveyor’s office, with a copy forwarded to the Marion County planning director, a partitioning plat in the appropriate form that shall reflect the final decision. When so approved, the plat shall be recorded with the Marion County clerk. Until the plat is so approved and recorded, no building permits for any of the divided parcels shall be issued. Should the applicant fail to record a partitioning map within two years, the approval shall be deemed null and void. An extension may be approved by the director upon submittal of written justification prior to the expiration of the two-year time limit. [Ord. 1170 § 4, 2002. UZ Ord. § 33.78.]

Article VI. Subdivisions

Prior to the actual filing of a subdivision application, the subdivider shall contact staff and schedule a pre-application conference. Materials, maps, etc., required for the pre-application conference shall be submitted at least seven days prior to the date of the conference. The meeting will enable the staff to review the proposal and determine if the subdivision is consistent with the intent of this title and the Comprehensive Plan and whether public services are required and available. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002. UZ Ord. § 33.80.]

When an area or tract of land is to be subdivided an application shall be filed with the planning division. The applicant shall specify on the application whether the request is for conceptual or detailed approval or both. Conceptual approval indicates that the subdivision or PUD, in the general manner and density proposed, is deemed consistent with the Comprehensive Plan but conceptual approval shall not be binding on the planning commission or hearings officer with regard to specific design or engineering. In granting conceptual approval the commission or hearings officer shall identify any elements of the proposal that need further evaluation or refinement. [Ord. 1170 § 4, 2002. UZ Ord. § 33.82.]

The following application information is required:

A. The application form and any supplementary information filled out completely in ink.

B. Copy of the officially recorded title transfer instrument (deed, warranty deed, or contract) that shows the legal description for the parent parcel. Title reports are not acceptable.

C. Twenty-seven copies of a scale drawing of the proposed subdivision with the following details shown:

1. Structures, streets, driveway access points (existing and proposed), and easements (existing and proposed).

2. Topography and drainage ditches on the subject and adjoining parcels.

3. A layout of the proposed subdivision with proposed lot lines to scale, north arrow, and name and address of applicant.

D. If the property is within the geologically hazardous overlay zone, any study required by Chapter 16.24 MCC shall accompany the application. If the chapter requires peer review of the study, this must also be submitted with the partition application.

E. Filing fee. [Ord. 1170 § 4, 2002. UZ Ord. § 33.84.]

Upon receipt, a copy of the application shall be distributed to the Marion County building inspection division, department of public works, county assessor, county surveyor, and other affected agencies with a request for comments or suggestions regarding those features that come within the scope of their activities. [Ord. 1170 § 4, 2002. UZ Ord. § 33.86.]

Unless an adjustment is granted as provided herein, the subdivision shall conform to applicable regulations contained in MCC 16.33.180 through 16.33.660 and planned developments shall, in addition, conform to the regulations in MCC 16.26.800. [Ord. 1170 § 4, 2002. UZ Ord. § 33.88.]

Upon receipt of responses from other departments and agencies, the commission, hearings officer or board shall hold a public hearing on the conceptual and/or detailed application. The hearing notice shall include a description of any proposed adjustments. The purpose of the public hearing shall be to elicit responses from interested persons concerning the appropriateness and feasibility of the proposed subdivision plan. [Ord. 1170 § 4, 2002. UZ Ord. § 33.90.]

Notice of decision including any adjustments granted, and information on the appeal process shall be sent to the applicant, those within the notification area, and any interested person, who, in writing, requests notification. [Ord. 1170 § 4, 2002. UZ Ord. § 33.92.]

The decision of the commission or hearings officer may be appealed to the board no later than 12 days after the decision is rendered. The board may sustain the decision or decide the appeal with or without a further public hearing. If a public hearing is held, it shall conform with Chapter 16.45 MCC. If the board exercises its authority pursuant to Chapter 16.45 MCC, its decision is final and appealable only to the Oregon Land Use Board of Appeals. [Ord. 1170 § 4, 2002. UZ Ord. § 33.94.]

Within two years of approval of a conceptual or detailed subdivision design, the subdivider shall submit a final plat to the Marion County surveyor. The final plat must be in conformance with any conditions imposed at the time of approval and shall comply with survey standards. [Ord. 1170 § 4, 2002. UZ Ord. § 33.96.]

After receiving detailed approval, a subdivider shall submit a final plat for approval. A subdivision plat, when ready for final approval prior to recording, shall be substantially in accordance with the approved detailed plan. The final plat shall be tied into the geodetic coordinate system used in the county. After the final plat has been filed with the Marion County surveyor and a copy forwarded to the planning director, the director shall review the final plat and compare it with the approved detailed plan to ascertain whether the final plat substantially conforms to the approved detailed plan and the conditions of approval.

Before submitting the final plat to the board of commissioners for approval, the final plat shall be approved and signed by all persons set out in the dedication, the mortgagees, if any, the director, county surveyor, county on-site wastewater specialist, county engineer, county assessor, and the signature and seal of the registered land surveyor responsible for the laying out of the subdivision. All the conditions of detailed approval shall be fulfilled before submitting the final plat to the planning director for approval and signature. If the director finds that there has not been substantial conformance with the approved detailed plan, the director shall advise the subdivider of the changes that must be made and afford the subdivider an opportunity to make those changes.

When the final plat has been reviewed by the director and is found to be in substantial conformity to the approved detailed plan, and the subdivider has fully complied with ORS 92.090(4) and (5), the director or authorized representative shall sign the final plat. The director may elect to submit the final plat to the commission or hearings officer for further review.

All signatures on the final plat shall be in archival quality black ink. Where the subdivider has expressed, in writing, his/her intent to develop the subdivision in phases, or stages, the final plat may contain all or only a portion of the approved detailed plan. [Ord. 1170 § 4, 2002. UZ Ord. § 33.100.]

When the subdivider has expressed intent to develop a subdivision in phases or stages, the first phase of the final plat, or, if not to be developed in phases or stages, the completed final plat must be filed with the director by the first day of the twenty-fourth month following the date of detailed approval or the said detailed approval shall be deemed null and void. The final plat shall be approved by public officials as required by law and recorded within 180 days following the date the plat is submitted to the director. Extensions to either time deadline may be approved by the director upon submittal of written justification prior to the expiration of the time limit. [Ord. 1170 § 4, 2002. UZ Ord. § 33.102.]

Article VII. Adjustments, Violations and Appeals

A. Authorization. The director, commission, hearings officer or board may authorize an adjustment of any requirements set forth in MCC 16.33.040 through 16.33.780. The director may authorize such adjustments for lot line adjustments, partitions, PUDs, or subdivisions with the written concurrence of the affected county department. Adjustments pertaining to other regulations contained in this chapter or MCC 16.26.800 shall be authorized as provided in this title.

B. Basic Consideration of an Adjustment. Adjustments to MCC 16.33.040 through 16.33.780 may be granted only upon a sufficient showing as determined by the director, commission, hearings officer or board that the criteria listed in MCC 16.41.030 or 16.41.040 have been met.

C. Application for Adjustment. Any person wishing to obtain an adjustment from these regulations shall submit to the division a written statement giving complete details of conditions and reasons why a specific adjustment should be granted. [Ord. 1170 § 4, 2002. UZ Ord. § 33.106.]

Any person may appeal the granting or denial of an adjustment of this chapter by filing a written appeal within the appeal period provided for the property line adjustment, partitioning or subdivision. The procedure for considering appeals to adjustments shall be the same as that provided in Chapters 16.44 and/or 16.45 MCC. [Ord. 1170 § 4, 2002. UZ Ord. § 33.108.]

Any lot, parcel, street or road created in violation of the provisions of this chapter shall be deemed null and void. When such a lot or parcel of land is created in violation of the provisions of this chapter or has failed to receive approval of the county as required by ORS 92.040, the Marion County building official shall stop the construction of any structure in process on that property. No permit for the use of land or structures or for the alteration or construction of any structure shall be issued and no land use approval shall be granted if the land for which the permit or approval is sought is being used in violation of any condition of approval of any land use action, or is being used or has been divided in violation of the provisions of this chapter or this title, unless issuance of the permit would correct the violation. [Ord. 1170 § 4, 2002. UZ Ord. § 33.110.]

This title and any amendments thereto shall be known and may be cited as the Marion County urban zoning ordinance. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 35.01.]

This title is enacted pursuant to the authority granted to Marion County in ORS Chapters 197, 203 and 215. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 35.02.]

It is the intent and purpose of this title:

A. To provide land use regulations that implement and conform to the comprehensive plans of cities, adopted by the county, as they apply to unincorporated areas within the cities’ urban growth boundaries; and

B. To promote and protect the public health, safety, and general welfare. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 35.03.]

This title shall be administered by Marion County and its designated zoning administrator.

The zoning administrator or designee shall handle all matters pertaining to Comprehensive Plan amendments, adjustments, administrative reviews, property line adjustments, partitions, subdivisions, zone changes, and conditional uses, and other administrative matters as prescribed by this title; and such other matters as directed by the planning commission, hearings officer, or board.

Any provision in any plat requiring that the board or the planning commission approve any future land uses or divisions shall be satisfied if the proposed land use or division is reviewed and approved by the hearings officer, zoning administrator or designee in accordance with the other provisions of this title. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 35.04.]

The regulations set forth in this title are intended and shall be construed as minimum regulations, and shall apply uniformly to each class or kind of use, structure or land unless varied or otherwise conditioned as provided in this title. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 35.05.]

The zoning administrator or designee shall, prior to issuing any permit pertaining to the use of land or structures, or the erection or alteration of any structure, ascertain that the proposed use or construction shall in all ways conform to the requirements set forth in this title.

No permit for the use of land or structures or for the alteration or construction of any structure shall be issued and no land use approval shall be granted if the land for which the permit or approval is sought is being used in violation of any condition of approval of any land use action, is in violation of local, state or federal law, except federal laws related to marijuana, or is being used or has been divided in violation of the provisions of this title unless issuance of the permit or land use approval would correct the violation.

All land uses shall be conducted in full compliance with any other county ordinance, code and requirement of state and federal laws. Failure to conform to other applicable laws may be grounds for revocation of any permits and enforcement action including, but not limited to, a citation in accordance with Chapter 1.25 MCC. [Ord. 1372 § 4 (Exh. A), 2016; Ord. 1336 § 4 (Exh. A), 2014; Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 35.06.]

The zoning administrator or the hearings officer may deny any land use application if it is determined that the application includes any false or misleading information. Before a decision granting an application becomes final, any land use permit granted pursuant to the Marion County urban zoning ordinance may be reconsidered by the zoning administrator or hearings officer and may be denied if it is determined that the application included any false or misleading information.

Any land use permit granted pursuant to Marion County urban zoning ordinance shall be subject to revocation by the zoning administrator if the zoning administrator determines that the application for the permit included any false or misleading information, if the conditions of approval have not been complied with or are not being maintained, or if the land use is not being conducted in full compliance with the requirements of local, state and federal laws.

The zoning administrator’s decision revoking a land use permit may be appealed to the hearings officer, who shall hold a public hearing in order for the permit holder to show cause why the permit should not be revoked. No hearing may be held without a minimum 15 days’ notice to the permit holder.

If the hearings officer finds that the conditions of permit approval have not been complied with or are not being maintained, or that the land use is not being conducted in compliance with applicable laws, the hearings officer may grant a reasonable time for compliance. If corrections are not made within that time, the permit shall be revoked effective immediately upon expiration of the time specified. The hearings officer’s decision may be appealed to the board as provided in MCC 16.44.300. [Ord. 1301 § 4 (Exh. A), 2010. UZ Ord. § 35.07.]

In interpreting and applying this title, the provisions herein shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, and general welfare and shall apply uniformly to each class or kind of structure or land. [Ord. 1301 § 4 (Exh. A), 2010. UZ Ord. § 35.08.]

It is not intended by this title to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law or ordinance, previously adopted, relating to the use of buildings or premises, or relating to the erection, construction, establishment, alteration, or enlargement of any buildings or improvements; nor is it intended by this title to interfere with or abrogate or annul any easement, covenant, or other agreement between parties; provided, however, that where this title imposes a greater restriction upon the erection, construction, establishment, alteration, or enlargement of buildings, structures, or improvements, or the use of any such structures or premises in said several zones or districts, or any of them, than is imposed or required by such existing provisions of this title shall control, except that the precedence of this title shall not apply to valid and unexpired permits previously granted under the terms and provisions of any ordinance. [Ord. 1301 § 4 (Exh. A), 2010. UZ Ord. § 35.09.]

The requirements of this title apply to all publicly owned lands. The following special provisions apply to lands owned or leased by the state of Oregon or Marion County dedicated to park or airport use:

A. Park or airport maintenance including rehabilitation, replacements, minor improvements, repair, and similar maintenance activities are not subject to the zoning approval requirements of this title.

B. Major improvements and development of new facilities specifically identified in state of Oregon park or airport master plans or in county park or airport master plans are not subject to zoning approval unless a floodplain or greenway development permit is required, provided the major improvement or new facility is consistent with the facility location, type and size identified in the park or airport master plan. To qualify under this provision, the master plan must be approved as a conditional use, or have been approved by board order prior to the effective date of the ordinance codified in this title. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 35.10.]

The zoning administrator is authorized to interpret the meaning and applicability of the provisions of this title on the basis of the text, maps and written interpretations by legal counsel. The board or zoning administrator may request interpretations by legal counsel. Interpretations shall be in writing and the zoning administrator shall maintain a file of interpretations issued by the zoning administrator and legal counsel. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 35.20.]

Where uncertainty exists as to the boundaries of zones as shown on the official zoning map or plan designations shown on the Comprehensive Plan map, the following rules shall apply:

A. Boundaries indicated as approximately following the centerline or the right-of-way boundary of streets, highways, or alleys shall be construed to follow such centerline or outside boundary.

B. Boundaries indicated as approximately following lot or property lines shall be construed as following such lot lines.

C. Boundaries indicated as within the right-of-way of a railroad shall be construed to be the centerline of the right-of-way.

D. Boundaries indicated as approximately following the centerline of streams, rivers, canals, lakes or other bodies of water shall be construed to follow the centerline of the main channel.

E. Boundaries indicated as parallel to or extensions of features indicated in subsections (A) through (D) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined with reference to the scale of the map.

F. In all cases where a plan map designation or zoning action was made with reference to a specific property description, that description shall establish the boundary; and where two or more property descriptions would apparently establish conflicting boundaries, the most recent action shall control.

G. Where features existing on the ground are at variance with those shown on the official plan or zoning map, or in other circumstances not covered by subsections (A) through (E) of this section, the zoning administrator shall refer the matter to legal counsel for interpretation. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 35.21.]

The following rules shall apply in interpreting use classifications and descriptions:

A. Within each zone, uses are classified as “permitted” or “conditional.” Further, uses are functionally classified by description of the particular activity (such as “single-family residence”), or by reference to a category in the “Standard Industrial Classification Manual, 1987 (SIC).” The SIC is an aid to interpretation. Where the term used to describe a permitted or conditional use is defined in Chapter 16.49 MCC, the definition takes precedence over any SIC classification.

B. When uses have a functional SIC classification, the applicable SIC index number assigned in the manual is referenced as an aid to interpretation.

C. Where a use is not described with reference to the SIC manual or defined in Chapter 16.49 MCC, the words describing such use are to be given their ordinarily accepted meaning. The descriptions and lists of included activities in the SIC classifications may be used to interpret which use classification is appropriate for a particular use not specifically identified in this title.

D. A use defined in Chapter 16.49 MCC is also included within an SIC category, and it is the intent that the use defined in Chapter 16.49 MCC be allowed in a zone where the SIC category including the defined use is referenced even though the use is not specifically referenced in the zone.

E. Use descriptions in the UT zone are intended to be consistent with use descriptions in ORS 215.283 unless the terms require a more limited interpretation. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 35.22.]

It shall be unlawful for any person to violate any provision of this title, to permit or maintain any such violation, to refuse to obey any provision hereof, or to fail or refuse to comply with any such provision except as variation may be allowed under this title. Proof of an unlawful act or failure to act shall be deemed prima facie evidence that the act is that of the owner. Prosecution or lack thereof of either the owner or the occupant shall not be deemed to relieve the other. [Ord. 1301 § 4 (Exh. A), 2010. UZ Ord. § 35.25.]

Violations of this title may be prosecuted and penalties assessed pursuant to Chapter 1.25 MCC, Enforcement. [Ord. 1301 § 4 (Exh. A), 2010. UZ Ord. § 35.27.]

This title may be amended by ordinance subject to the requirements in Chapter 16.38 MCC. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 35.30.]

The zoning classifications of unincorporated lands within urban growth boundaries are hereby changed as identified in Exhibit A, which is made a part of this title by this reference and represents the official zoning map as provided in MCC 16.01.040. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 35.40.]

The provisions in this chapter apply to applications for Comprehensive Plan map amendments and zone changes that are not legislative amendments and applications for conditional uses, property line adjustments, administrative reviews and adjustments. It does not apply to determinations pursuant to Chapter 16.42 MCC or interpretations pursuant to MCC 16.35.200. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 36.00.]

The zoning administrator shall prepare and provide application forms. Application forms shall require the information specified in this chapter and any other information which the zoning administrator may require to analyze the proposed land use on its merits. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 36.01.]

All applications shall be filed with the planning division on forms prescribed under this section, and shall be complete as to all factual information required to be stated on, or furnished with, the application. The application fee shall be paid at the time of the filing of the application. The fees for applications and appeals shall be as prescribed by board order. A public agency or utility, or an entity authorized by a public agency or utility, may file an application if the public agency or utility holds an easement or other right that entitles the applicant to conduct the proposed use on the subject property without the approval of the property owner. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 36.02.]

The zoning administrator shall reject any incomplete application or an application not authorized by this title within 30 days of receipt. If the application is rejected, the applicant shall be notified in writing of the cause for rejection. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 36.03.]

Repealed by Ord. 1301. [Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 36.04.]

When an application involves more than one type of application, the applications shall be consolidated, unless the applicant requests otherwise or the zoning administrator concludes that consolidation will create procedural difficulties. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 36.05.]

Repealed by Ord. 1301. [Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 36.06.]

Applications shall include the following signatures:

A. Signatures of all owners of the subject property; or

B. The signatures of the purchasers of the property under a duly executed, recorded, written contract of sale; or

C. The signatures of lessee in possession of the property with the written consent of all the owners; or

D. The signatures of the agent of those identified in subsection (A), (B) or (C) of this section when authorized in writing by those with the interests described in subsection (B) or (C) of this section, and all the owners of the property; or

E. For an application filed by an entity authorized by a public agency or utility pursuant to MCC 16.36.020, the signature of an authorized agent of a public agency or utility holding an easement or other right that entitles the applicant to conduct the proposed use on the subject property without the approval of the property owners; and

F. The signature of the applicant and the applicant’s address and phone number. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 36.07.]

A complete application shall include the following:

A. The signatures required in MCC 16.36.070.

B. The names and addresses of mortgagees or contract sellers of the subject property.

C. The address of the subject property.

D. A copy of the latest transfer document.

E. The application fee.

F. A plot plan, drawn to scale, that shows the boundaries of the property, location and general configuration of existing and proposed structures and other improvements proposed as part of the application.

G. A written explanation of the proposal and how it conforms to the applicable criteria.

H. Such other information deemed necessary by the zoning administrator and requested on the application form. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 36.08.]

When the application is submitted, the zoning administrator shall:

A. Establish a file and assign a case number.

B. Review the application and decide if it is complete pursuant to MCC 16.36.080.

C. Request comments from affected agencies. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 36.09.]

The applicant has the burden of persuasion by a preponderance of the evidence. To meet this burden, the applicant must, in addition to filing a complete application, provide evidence that the application satisfies the applicable criteria. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 36.12.]

Except as provided in MCC 16.37.010, the zoning administrator is authorized to make the initial decision on applications for conditional use permits, partitions, property line adjustments, determinations, administrative reviews and adjustments. The zoning administrator is authorized to forward any application to the hearings officer for the initial decision, at the zoning administrator’s discretion. The hearings officer is authorized to make the initial decision on zone change applications (Chapter 16.39 MCC), and applications for nonlegislative amendment to the Comprehensive Plan (Chapter 16.43 MCC). The requirements in this chapter shall govern the review of these applications. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 37.00.]

The governing body may at any time, on its own motion, call up any application and make the decision. In those cases where the board exercises its authority to make the decision on any application, that decision is final and appealable only as provided by Oregon law as an appeal from the final decision of the governing body. The board has sole authority to decide legislative amendments to this title (MCC 16.38.000) and legislative amendments to the Comprehensive Plan (MCC 16.43.000(B)). [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 37.01.]

A. If the hearings officer makes the initial decision, the zoning administrator shall set the matter for public hearing, provide notice as required in Chapter 16.44 MCC, and submit a written report.

B. If the application is called up by the board, or if the board chooses to hear an appeal, the board shall schedule the hearing and the zoning administrator shall provide notice as required in Chapter 16.44 MCC. In the instance of a board call-up, a written report shall be prepared.

C. The initial staff report on an application being heard by the hearings officer or the board shall be available to the public at least seven days prior to the hearing date.

D. If the application was first decided by the zoning administrator, the decision, including written findings, shall be considered the initial staff report. The zoning administrator may submit supplemental reports prior to or at a hearing before the hearings officer or board. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 37.02.]

When the initial decision is made by the zoning administrator, the zoning administrator shall:

A. Prepare a written decision based on the information in the file, including the findings and conclusions in support of the decision.

B. Provide notice of the decision approving or denying the application to the applicant, the owners, contract sellers and mortgage holders of the subject property identified in the application, agencies indicating substantial concerns in comments and requesting a copy, and anyone entitled to notice by state law except as provided in subsection (C) of this section.

C. Provide notice to those on the notification list. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 37.03.]

A. The applicant may file a request for reconsideration of a decision made pursuant to MCC 16.37.030 with the planning division within 15 days of the date the notice of decision is mailed. The request must be in writing and must explain wherein the decision is:

1. Factually or legally incorrect; or

2. State new facts material to the decision that were not available to the zoning administrator; or

3. Propose modifications that will better conform the proposal to the requirements of the ordinance.

B. The request for reconsideration shall include a signed extension of the 120-day time limit in ORS 215.427.

C. The zoning administrator may withdraw a decision during the appeal period and issue a new or modified decision provided notice of the withdrawal and subsequent decision is mailed to those who received notice of the original decision. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 37.04.]

The zoning administrator shall provide written notice of the decision on requests for reconsideration, or for decisions issued after the zoning administrator withdrew a previous decision, and mail notice as provided in MCC 16.37.030. [Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 37.05.]

Applicants shall be limited to one request for reconsideration per application. [Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 37.06.]

A decision on an application made by the zoning administrator pursuant to this chapter becomes a final decision when the period for appeals or requests for reconsideration expire. [Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 37.07.]

An appeal may be filed with the planning division within 15 days of the date the notice of decision is mailed or within 15 days of the date the zoning administrator mails a notice of decision in a reconsideration. The appeal must be in writing. Legal counsel may appeal the zoning administrator’s decision. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 37.08.]

When a request for reconsideration and an appeal are received within the 15-day appeal period, the appeal shall take precedence and the zoning administrator shall schedule a public hearing as provided in MCC 16.37.100. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 37.09.]

At the end of the appeal period and upon receipt of one or more timely filed appeals, the zoning administrator shall, with the concurrence of the hearings officer, schedule the application for public hearing before the hearings officer; provided, the zoning administrator may present the appeal to the board to determine if the board wishes to assume jurisdiction. The zoning administrator shall provide notice of the hearing as prescribed in Chapter 16.44 MCC. [Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 37.10.]

Any amendment of this title which deletes, supplements, or changes the text hereof, or involves six or more lots in separate ownership, is a legislative amendment. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 38.00.]

Legislative amendments may be initiated by the board or planning commission by resolution. An interested party may request that the planning commission or board initiate a legislative amendment. Legislative amendments shall only be initiated by the board or planning commission when the proposed change is in the public interest and will be of general public benefit. If the board initiates the amendments, the resolution shall prescribe whether the hearings officer, planning commission or board shall conduct the hearing. If the planning commission initiates the amendments, the resolution shall prescribe whether the hearings officer or planning commission shall conduct the hearing.

Whenever an amendment is initiated by the board the resolution may be referred to the director, planning commission or hearings officer for its recommendation without holding a hearing on the matter, unless directed by the board to hold a hearing. On these matters, the planning commission may choose to hold a hearing at its discretion.

In every case of a proposed amendment, the director shall fix a date for a public hearing before the board, planning commission or hearings officer and shall cause notice to be given as provided in this chapter. After the public hearing, the director, planning commission or hearings officer may refer its recommendations to the board. [Ord. 1397 § 4 (Exh. B), 2019; Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 38.01.]

Upon adoption of a resolution initiating a legislative amendment, the zoning administrator shall schedule a public hearing before the designated body and provide notice as required by law. The zoning administrator shall submit a report on the proposal at the hearing. Prior to approval of any amendment that deletes, supplements or changes the text of this title, the board shall hold a hearing in addition to any hearing held by the hearings officer or planning commission. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 38.02.]

Whenever a legislative amendment is initiated by the board, the resolution may be referred to the planning commission. If the planning commission is not designated to hold the required public hearing it may forward a recommendation or report of its deliberations to the hearing body before the close of the public hearing. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 38.03.]

A. Except as provided in subsection (B) of this section, written notice shall be provided in accordance with the requirements of Chapter 16.44 MCC. Mailed notice shall not be required for subsequent hearings on the same proposal. Notice of the initial hearing shall be provided to the State Department of Land Conservation and Development, to the Chairman of the Area Advisory Committees, recognized neighborhood associations, and to any person who requests, in writing, notice of the initial hearing.

B. If more than 50 ownerships are involved, the zoning administrator may substitute posted and published notice for mailed notice. The notice shall be posted along the nearest public road at the boundaries of the affected area. The notice shall be visible from the public road, indicate “notice of public hearing on proposed land use change” and provide a phone number where information on the proposal can be obtained.

C. Notice of legislative text amendments shall be consistent with the requirement of Measure 56, if applicable.

D. Notice shall be published in a newspaper of general circulation in the affected area once at least 10 days prior to the date of the hearing. The notice shall provide information prescribed for mailed notice in Chapter 16.44 MCC.

E. A signed certification of notice describing the types of notice, the date notice was provided, a copy of any mailing list, and other information that demonstrates that the notification requirements have been met, shall be placed in the record of the initial hearing. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 38.04.]

The criteria in MCC 16.39.050 shall be used to decide legislative zone changes. The following criteria shall be used to review and decide legislative amendments to the text of this title:

A. Compliance with the statewide land use goals and related administrative rules is demonstrated.

B. Conformance with the Comprehensive Plan goals, policies, and intent is demonstrated.

C. The proposed change is in the public interest and will be of general public benefit. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 38.05.]

When the hearings officer or planning commission holds a hearing, the hearings officer or planning commission shall prepare a report setting forth findings of fact, conclusions and a recommendation. The written report shall be presented to the board, and mailed to those testifying at the hearing and those requesting notice. The hearings officer’s or planning commission’s recommendation shall be scheduled for consideration at a regular board meeting occurring more than 10 days after the date the board receives the recommendation. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 38.06.]

A request that the board hold a hearing before taking action on the hearings officer’s or planning commission’s recommendation shall be submitted within 15 days of notice of recommendation. The request shall explain why the record established at the previous hearings is not an adequate basis for making the decision, or why the recommendation does not conform to the applicable criteria. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 38.07.]

A. If the board accepts the recommendation of the hearings officer or planning commission, the board may indicate its acceptance and take the recommended action.

B. If the board is of the opinion that the case warrants further review, the matter shall be set for hearing before the board. The hearing shall be de novo. Notice of the hearing shall be provided as prescribed in MCC 16.38.040. The board, following its hearing, shall issue a decision.

C. The board decision shall be final subject to such appeals as are provided in state law. A decision to deny shall be made by order. A decision to approve shall be made by ordinance. Notice of the decision shall be mailed to those appearing at the hearing and those who request notice prior to the close of the final hearing. Notice shall also be sent to the Department of Land Conservation and Development as required by law. [Ord. 863 § 5, 1990. UZ Ord. § 38.08.]

Approval of a zoning ordinance legislative amendment shall include findings showing that the amendment meets the applicable criteria. [Ord. 863 § 5, 1990. UZ Ord. § 38.09.]

A. Any amendment of the official zoning map involving five or less different ownerships, and which does not include any amendment to the text of the ordinance, is a zone change application. A zone change may be initiated in the manner provided for applications in Chapter 16.36 MCC.

B. Zone changes may also be initiated by resolution of the board or planning commission when the change is for some governmental purpose or in order to bring the zoning ordinance and zoning map into compliance with the Comprehensive Plan or state law. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 39.00.]

Except as provided in MCC 16.39.020, the hearings officer is authorized to make the initial decision on zone change applications. The requirements in this chapter shall govern the review of these applications. [Ord. 863 § 5, 1990. UZ Ord. § 39.01.]

The governing body may at any time, on its own motion, call up any zone change application or resolution and make the decision on said application or resolution. In those cases where the board exercises its authority to make the decision on the zone change proposal, that decision is final and appealable only as provided by Oregon law as an appeal from the final decision of the governing body. [Ord. 863 § 5, 1990. UZ Ord. § 39.02.]

The zoning administrator shall set the matter for public hearing before the hearings officer and provide hearing notice as prescribed in Chapter 16.44 MCC. Review by the hearings officer shall be as prescribed in Chapter 16.44 MCC. Review by the board shall be as prescribed in Chapter 16.45 MCC. The zoning administrator shall prepare a written report to be included in the hearing record. A zone change may be modified to apply to only a portion of the subject property. A change to a zone more restrictive than requested may be approved provided the possible consideration of a more restrictive zone is indicated in the hearing notice. [Ord. 863 § 5, 1990. UZ Ord. § 39.03.]

A hearings officer’s decision on a zone change may be appealed to the board as provided in MCC 16.44.300. A hearings officer’s decision to approve a zone change does not become final until the board adopts an ordinance implementing the decision. A hearings officer’s decision to deny a zone change is final when the appeal period has expired unless the board calls up the application as provided in MCC 16.39.020 or a board hearing is required by state law. [Ord. 863 § 5, 1990. UZ Ord. § 39.04.]

Approval of a zone change shall include findings that the change meets the following criteria:

A. The proposed zone is appropriate for the Comprehensive Plan land use designation on the property and is consistent with the description and policies for the applicable Comprehensive Plan land use classification.

B. Adequate public facilities, services, and transportation networks are in place, or are planned to be provided concurrently with the development of the property.

C. The request shall be consistent with the purpose statement for the proposed zone.

D. If the proposed zone allows uses more intensive than uses in other zones appropriate for the land use designation, the proposed zone will not allow uses that would significantly adversely affect allowed uses on adjacent properties zoned for less intensive uses. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 39.05.]

A. Authority. The board or hearings officer shall have authority to include conditions in the decision on a zone change. Conditions shall be limited to those matters identified in subsection (B) of this section found to be necessary and in the public interest.

B. Matters that may be conditioned:

1. Size, height, and location of buildings and accessory structures;

2. Landscaping when necessary to provide screening from incompatible adjacent uses or from public right-of-way;

3. Retention of existing trees and vegetation for buffering purposes;

4. Size, location, screening, drainage, and surfacing of driveways, parking and loading areas, and street access;

5. Size, height, location and illumination of signs;

6. Size, height, location, and materials for the construction of fences to screen the subject property from incompatible adjacent uses or from public right-of-way;

7. Location and intensity of outdoor lighting;

8. Hours of operation or conduct of particular activities;

9. Abatement, mitigation, or prevention of nuisances;

10. Availability and improvement of urban services, including street improvements, dedication of street right-of-way, traffic signs and signals, sewer, storm drainage, water, and turn-outs and shelters for mass transportation; provided the condition applies only to the subject property or public right-of-way or easements abutting the subject property;

11. Funds for provision, or improvement, of traffic signs, signals and turn lanes at the first intersection(s) of the street(s) abutting the subject property with a collector or arterial street. The amount of funds shall be based on a current estimate of costs of the needed improvements and the share of traffic to be added to the intersection by the uses in the proposed zone that generates the greatest traffic impact;

12. Conditions may require that all or part of the development or use be deferred until the happening of certain events such as the availability to the subject property of a certain level of service;

13. Conditions may require that requirements imposed under this section be filed in the deed records of Marion County. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 39.06.]

The following limits and requirements apply to conditions imposed pursuant to MCC 16.39.060:

A. Conditions shall be stated with specificity; shall be reasonably related to the public health, safety, and welfare; and shall be designed to reasonably effectuate their intended purpose.

B. Conditions which would have the effect of limiting use of the subject property to one particular owner, tenant, or business shall not be imposed. Conditions shall not be so restrictive that they may not reasonably be complied with by other occupants who might devote the property to the same or a substantially similar use.

C. The provisions of Chapter 16.47 MCC shall apply to conditions imposed on a zone change.

D. If the dedication of street right-of-way or street improvements are required as provided in MCC 16.39.060(B)(10) and (11), provision of dedication, improvements or funding shall be deferred until a building permit or certificate of occupancy is required or prior to the use being established. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 39.07.]

The zone change decision may expressly authorize an adjustment from the applicable development requirements of this title, regardless of whether an application was filed for such adjustment, provided each of the following conditions is met:

A. The granting of the adjustment meets the criteria set forth in Chapter 16.41 MCC, except that the applicant shall bear no burden of proof as to such criteria;

B. The adjustment is required to accomplish a condition imposed as a part of the conditional zone change; and

C. The need for the adjustment was identified during the public hearing on the zone change. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 39.08.]

A conditional use is an activity generally similar to other uses permitted in a zone but because of the manner in which land and buildings could be developed to accommodate such use a review of the specific proposed use, and the imposition of special conditions, are often needed to ensure compatibility with land uses in the vicinity. [Ord. 863 § 5, 1990. UZ Ord. § 40.00.]

Uses listed as conditional uses in a zone classification or otherwise identified as a conditional use in this title may be approved if the procedures in Chapters 16.36 and 16.37 MCC are followed and if findings can be made that the criteria in MCC 16.40.020 and the zone have been satisfied. Conditional uses shall be established and maintained in accordance with the applicable development standards in the zone and in Chapters 16.23 through 16.33 MCC, and any conditions imposed as part of the approval. [Ord. 863 § 5, 1990. UZ Ord. § 40.01.]

The following criteria, in addition to other applicable criteria in this title, shall be used to review and decide conditional use permit applications:

A. The use is listed as a conditional use in the zone, or is otherwise identified as a conditional use and is consistent with the intent and purpose of the zone and the provisions that authorized consideration as a conditional use.

B. The parcel is suitable for the proposed use considering such factors as size, shape, location, topography, soils, slope stability, drainage and natural features.

C. The proposed use, as conditioned, will not substantially limit, impair, or preclude the use of surrounding properties for the uses permitted in the applicable zone.

D. The proposed use, as conditioned, will not have a significant adverse effect on air or water quality.

E. Adequate public and utility facilities and services to serve the use are available or will be made available prior to establishment of the use. [Ord. 863 § 5, 1990. UZ Ord. § 40.02.]

When deemed necessary to ensure the use meets the criteria for approval, conditions addressing the following matters may be imposed:

A. Size, height, and location of buildings and accessory structures;

B. Landscaping when necessary to provide screening from incompatible adjacent uses or from public right-of-way;

C. Retention of existing trees and vegetation for buffering purposes;

D. Size, location, screening, drainage, and surfacing of driveways, parking and loading areas, and street access;

E. Size, height, location and illumination of signs;

F. Size, height, location, and materials for the construction of fences to screen the subject property from incompatible adjacent uses or from public right-of-way;

G. Location and intensity of outdoor lighting;

H. Hours of operation or conduct of particular activities;

I. Abatement, mitigation, or prevention of nuisances;

J. Availability and improvement of urban services, including street improvements, dedication of street right-of-way, traffic signs and signals, sewer, storm drainage, water, and turn-outs and shelters for mass transportation; provided the condition applies only to the subject property or public right-of-way or easements abutting the subject property;

K. Turn-lane improvements at street intersections may be required when: (1) an unsafe condition would be created by the development without the improvements, or (2) the projected increase in traffic generated by the new or expanded use will lower the level of service to level “D” or below, as determined by the 1985 Edition of the Highway Capacity Manual, published by the Institute of Transportation Engineers. As an alternative, the determination may be based on an estimate of traffic increase prepared by a licensed traffic engineer;

L. Conditions may require that all or part of the development or use be deferred until the happening of certain events such as the availability to the subject property of a certain level of service;

M. Conditions may require that requirements imposed under this section be filed in the deed records of Marion County. [Ord. 863 § 5, 1990. UZ Ord. § 40.03.]

The following limits and requirements apply to conditions imposed pursuant to MCC 16.40.030:

A. Conditions shall be clear and objective; shall be reasonably related to the public health, safety, and welfare; and shall be designed to reasonably effectuate their intended purpose.

B. The provisions of Chapter 16.47 MCC shall apply to conditions imposed in a conditional use permit.

C. If the dedication of street right-of-way or street improvements is required as provided in MCC 16.40.030(J) or (K), provision of the dedication, improvements or funding shall be deferred until a building permit or certificate of occupancy is required or prior to the use being established. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 40.04.]

Unless otherwise provided in the final decision granting the conditional use, any conditional use granted pursuant to this chapter shall run with the land, and shall automatically transfer to any new owner or occupant subject to all conditions of approval. [Ord. 863 § 5, 1990. UZ Ord. § 40.05.]

Approval of a conditional use shall generally be limited to allowing those structures and improvements identified in the application or as limited in the decision. However, without a new conditional use being required, a structure or improvement identified in the approved application may subsequently be expanded by not more than 20 percent of the area of the subject structure or improvement, unless expressly limited in the conditional use permit. Uses and structures accessory and incidental to the approved conditional use may also be allowed unless expressly limited. All applicable development standards must be met for the expansion or addition. [Ord. 863 § 5, 1990. UZ Ord. § 40.06.]

An adjustment is intended to provide flexibility, adaptability, and reasonableness in the application and administration of development standards where special circumstances related to the land or buildings exist. Deviation from quantifiable standards is provided for in MCC 16.41.030. Any deviation must be carefully reviewed to ensure that criteria justifying the deviation are met, and to ensure that the extent and impact of deviation will be that minimum degree which is reasonably necessary to meet the special circumstances. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 41.01.]

A. An adjustment shall only be allowed to the development standards in the applicable zone or the requirements in Chapter 16.24 MCC and Chapters 16.26 through 16.34 MCC.

B. An adjustment may be approved if the procedures in Chapters 16.36 and 16.37 MCC are followed and it is found that the criteria in MCC 16.41.030 are met.

C. No adjustment authorizing a use not otherwise permitted for the subject property shall be granted. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 41.02.]

The development standards in the applicable zone and the development requirements in Chapter 16.24 MCC and Chapters 16.26 through 16.34 MCC protect the public health, safety and welfare by establishing standard setbacks, maximum building heights and other development standards that apply to various uses. For lands or uses with unique characteristics, the intent and purpose of the development standards may be maintained while allowing for minimal adjustments to quantifiable requirements. The following criteria shall be used to review and decide applications for adjustments:

A. The proposed development will not have a significant adverse impact upon adjacent existing or planned uses and development; and

B. The adjustment will not have a significant adverse effect upon the health or safety of persons working or residing in the vicinity; and

C. The adjustment is the minimum necessary to achieve the purpose of the adjustment and is the minimum necessary to permit development of the property for the proposed use; and

D. The intent and purpose of the specific provision to be adjusted is clearly inapplicable under the circumstances; or the proposed development maintains the intent and purpose of the provision to be adjusted. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 41.03.]

Such conditions as are deemed appropriate so that the criteria specified in MCC 16.41.030 will be most effectively met may be imposed, and such conditions may be considered in making findings as to those criteria. The effective date or duration of an adjustment may be limited. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 41.04. Formerly 16.41.050.]

Unless otherwise provided in the final decision granting the adjustment, any adjustment granted pursuant to this chapter shall automatically transfer to any new owner or occupant subject to all conditions of approval. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 41.05. Formerly 16.41.060.]

The zoning administrator is authorized to issue determinations or administrative reviews regarding conformance of existing or proposed uses on a particular lot or parcel with the requirements of this title, including determinations or administrative reviews relating to nonconforming uses as provided in Chapter 16.48 MCC, subject to the requirements of this chapter. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 42.01.]

A determination includes, but is not limited to, written information provided by the zoning administrator regarding the application of this title to a specific lot or parcel such as an indication of conformance with applicable provisions of this title in official correspondence or on a state agency permit, building permit, mobile home siting permit, occupancy permit, or similar document. (See Chapter 16.35 MCC for procedures for clarifying the applicability of this title under general circumstances.) Oral information is not a determination and cannot be considered the basis for any act in violation of this title.

An administrative review is a written determination that requires an interpretation or the exercise of factual, policy, or legal judgment and is considered a land use decision and is issued as a land use permit. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 42.02.]

The following procedures shall apply to requests for written determinations not associated with a building permit, mobile home siting permit, occupancy permit or similar action:

A. Any interested person may request a written determination.

B. The request shall identify the name, address and phone number of the applicant, and the owner and address of the property.

C. Requests shall include a copy of the latest property transfer document.

D. The request shall also include a written explanation of the specific issues to be determined. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 42.03.]

A. The zoning administrator shall review requests for determinations. For requests submitted under MCC 16.42.030 written findings shall be prepared indicating whether or not the use meets the criteria in MCC 16.42.050. The written determination shall identify the expiration date and procedure for obtaining an extension as provided in MCC 16.42.090.

B. The written determination shall be provided to the applicant and to any persons who request a copy.

C. The zoning administrator may charge a fee set by order of the board for a written determination. The zoning administrator shall keep a file of all written determinations.

D. The zoning administrator shall not be responsible for verifying the accuracy or completeness of information provided by the requestor. The validity and effectiveness of determinations is limited to the facts presented by the requestor. No liability is assumed for erroneous or incomplete information in the request. [Ord. 863 § 5, 1990. UZ Ord. § 42.04.]

A determination of conformance with this title shall be made if the zoning administrator finds compliance with the requirements of the applicable zone or overlay zone, the regulations pertaining to nonconforming uses in Chapter 16.48 MCC, the general development regulations in Chapter 16.24 MCC and Chapters 16.26 through 16.34 MCC, and the definitional limits in Chapter 16.49 MCC. In addition, the zoning administrator shall not make a determination of conformance with this title unless the provisions of this chapter have been met. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 42.05.]

A. For requests submitted pursuant to MCC 16.42.030 or 16.42.110, the zoning administrator shall determine from available records whether the subject lot or parcel and existing uses were established in conformance with applicable county regulations, or shall clearly indicate the limited scope of the determination or administrative review.

B. If a determination cannot be made without interpretation or the exercise of factual, policy or legal judgment, the zoning administrator shall deny the request. Where a determination with regard to a proposed use, structure or the legality of a parcel cannot be made without interpretation or the exercise of factual, policy or legal judgment, the proposed use, structure, or the legality of a parcel may be reviewed as an administrative review subject to submittal of an application as provided in MCC 16.42.110. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 42.06.]

A. If under previous ordinances, conditions were imposed as part of a zone change or a resolution of intent to rezone that have not been met, or require continuing compliance, any determination or administrative review for the subject property shall identify the conditions and note that they remain in effect.

B. If a conditional use permit was granted under previous ordinances and the conditions imposed have not been met, or require continuing compliance, a determination or administrative review for the subject property shall identify the conditions and note that they remain in effect. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 42.07.]

Written determinations or administrative reviews may be modified or withdrawn prior to establishment of a use or occupancy of a structure if new information is received that demonstrates that the determination or administrative review was in error. Those provided with a copy of the original determination or administrative review shall be provided a copy of the modified determination, or administrative review or notice of the withdrawal. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 42.08.]

A determination remains effective for one year; provided, that determinations made as part of a permit issuance shall remain effective as long as the permit remains effective. The zoning administrator may grant one-year extensions of the determination when requested in writing prior to the expiration date. An administrative review runs with the land, unless a specific expiration date is identified in the decision or the decision is revoked. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 42.09.]

Where a structure or use has been modified or established in reliance on a written determination or administrative review, and the applicable land use regulations change, the structure or use shall be subject to the provisions of Chapter 16.48 MMC, Nonconforming Use and Development. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 42.10.]

Where a determination about a proposed use, structure or the legality of a parcel cannot be made without interpretation or the exercise of factual, policy or legal judgment, the proposed use, structure, or the legality of a lot or parcel may be reviewed as an administrative review subject to submittal of an application as provided in Chapter 16.36 MCC. The administrative review procedures, as provided below, shall be followed in making these decisions.

A. The decision shall be made on the basis of the applicable city comprehensive plan and applicable standards and criteria in the Marion County urban zoning ordinance. The zoning administrator or designee may attach any conditions of approval deemed necessary to ensure conformance of the use, structure, lot or parcel or to the standards or criteria. Administrative review applications may be filed and shall be signed as required in Chapter 16.36 MCC. Notwithstanding any other provisions of this title, the zoning administrator or designee may forward any land use permit or application to the planning commission or hearings officer for a public hearing and initial decision.

B. Notice of a decision shall be sent to the applicant, the owner(s) of the subject property, the co-tenants if the subject property is owned by tenants in common, and all property owners within the notification area prescribed by MCC 16.49.182 or as required by state law or administrative rule.

C. The applicant or any persons aggrieved or affected by the decision may file a request for a hearing to the county planning division within 15 days of the date the decision was rendered. The request must be in writing and should explain wherein the decision is factually or legally incorrect, or state new facts material to the decision that were not available to the zoning administrator or designee.

D. The applicant may file a request for reconsideration without a hearing to the planning division within 15 days of the date the decision was rendered. The request must be in writing and received in the planning division office prior to the decision being final, and should explain wherein the decision is factually or legally incorrect, or state new facts material to the decision that were not available to the zoning administrator, or propose modifications that will better conform the proposal to the requirements of this title. The request for reconsideration shall include a signed 30-day waiver of the 150-day time limit in ORS 215.427.

Applicants shall be limited to one request for reconsideration per application. The zoning administrator shall reconsider the matter and provide notice to the person requesting reconsideration and as required in subsection (B) of this section.

The board may call up any action of the zoning administrator, planning commission or hearings officer in granting or denying administrative reviews. This action of the board shall be taken at the meeting where notice of the decision is presented. When the board takes such action, the zoning administrator’s, planning commission’s or hearings officer’s records pertaining to the administrative review in question shall be submitted to the board by the zoning administrator or hearings officer. The call-up shall stay all proceedings in the same manner as the filing of a notice of appeal.

E. When reconsideration has been requested, the decision is stayed until final action is taken.

F. On request for a hearing, the hearings officer shall hold a hearing on the matter in accordance with Chapter 16.44 MCC.

G. MCC 16.44.300 and Chapter 16.45 MCC shall apply to any appeals from the decision of the hearings officer. [Ord. 1301 § 4 (Exh. A), 2010. UZ Ord. § 42.10.]

A Comprehensive Plan amendment is any amendment to the Marion County Comprehensive Plan, and any city comprehensive plan applied outside of the respective city limits, which deletes, supplements, or changes the text, land use map designations, or urban growth boundaries or takes an exception to a statewide land use goal.

A. A nonlegislative Comprehensive Plan amendment is a Comprehensive Plan amendment that only involves a change to the land use designation of five or fewer different ownerships.

B. A legislative Comprehensive Plan amendment is all Comprehensive Plan amendments other than nonlegislative amendments. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 43.00.]

Procedures and criteria for legislative plan amendments shall be as provided in Chapter 16.38 MCC for legislative zone amendments. In addition, applicable procedural requirements in an intergovernmental agreement regarding land use coordination between Marion County and the city which adopted the applicable comprehensive plan shall apply. All proposals to amend the Comprehensive Plan shall be forwarded to the Director of the Department of Land Conservation and Development prior to the first evidentiary hearing. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 43.01.]

Procedures for nonlegislative plan amendments shall be as provided in Chapter 16.39 MCC for zone changes. All proposals to amend the Comprehensive Plan shall be forwarded to the Director of the Department of Land Conservation and Development prior to the first evidentiary hearing. The criteria for nonlegislative plan amendments are:

A. Conformance with the Comprehensive Plan goals, policies and intent, and any plan map amendment criteria in the plan, or intergovernmental planning coordination agreement, pertaining to unincorporated lands.

B. The addition of the subject property to the inventory of lands in the proposed map designation and the corresponding inventory reduction in the current designation are consistent with projected needs for such lands in the Comprehensive Plan.

C. Uses allowed in the proposed designation will not significantly adversely affect planned uses on adjacent lands.

D. Public facilities and services necessary to support uses allowed in the proposed designation are available or are likely to be available in the near future. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 43.02.]

When a public hearing is required pursuant to MCC 16.37.020 and 16.37.080, the procedures and notification requirements in this chapter and state law shall apply. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 44.01.]

Except as provided in MCC 16.37.010, the zoning administrator shall schedule a hearing before the hearings officer. If the applicant requests a different hearing date, the zoning administrator may reschedule the hearing. If the hearings officer requests a change in the hearing date, the zoning administrator shall reschedule the hearing accordingly. If the applicant has requested the change, and the hearing date is later than would otherwise have been scheduled, the zoning administrator may make the rescheduling contingent on the applicant granting an extension of any time limit for reaching a decision in state law. If, as a result of the applicant’s request for a different hearing date, renotification is required, the applicant shall pay a renotification fee. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 44.02.]

A. Notice of a hearing shall be mailed by the zoning administrator to the applicant, owners, contract sellers and mortgage holders of the subject property identified in the application, those on the notification list, and to anyone entitled to notice under state law at least 20 days prior to the date of the first evidentiary hearing and 10 days prior to the date of any subsequent hearings. Failure of anyone to receive mailed notice shall not affect the validity of the proceedings.

B. The notice shall include:

1. The date, time and location of the hearing;

2. The nature of the application, and the proposed uses that could be authorized;

3. The address or other easily understood geographical reference to the subject property;

4. A list of the topical headings and numbers of the criteria from the applicable city comprehensive plan and this title that apply;

5. A statement that failure of an issue to be raised in a hearing, in person or by letter, or failure to provide sufficient specificity to afford the hearings officer an opportunity to respond to the issue, precludes appeal to the Land Use Board of Appeals on that issue;

6. The name of the zoning administrator’s staff to contact, and the telephone number where additional information may be obtained;

7. A statement that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and a copy will be provided at reasonable cost upon request;

8. A statement that a copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and copies will be provided at reasonable cost upon request;

9. A general explanation of the requirements for submission of testimony and the procedure for conduct of hearings;

10. All documents or evidence relied upon by the applicant shall be submitted to the zoning administrator and be available to the public at the time notice of the hearing is provided. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 44.03.]

A. The board shall adopt procedures for the conduct of hearings before the hearings officer consistent with the requirements of this title and state law.

B. At the commencement of a hearing, a statement shall be made to those in attendance that:

1. Identifies the applicable substantive criteria;

2. Testimony and evidence must be directed toward the identified criteria or other criteria in the plan or this title which the person believes to apply to the decision; and

3. Failure to raise an issue precludes appeal to the Land Use Board of Appeals based on those criteria.

C. The hearings officer may continue the hearing to a certain date, may close the hearing and keep the hearing record open to a certain date to allow submittal of written testimony, and may reopen the hearing record to admit new evidence or testimony.

D. If documents or evidence in support of the application are submitted after notice is provided, any party may be entitled to a continuance of the hearing.

E. If the hearings officer has not granted a continuance, the record shall remain open for at least seven days for submittal of written testimony upon request of a participant before the close of the hearing.

F. If the hearings officer reopens the hearing record to admit new evidence or testimony, any person may raise new issues which relate to the new evidence, testimony or criteria for decision-making that apply to the matter at issue. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 44.10.]

A. Following the close of the hearing, the hearings officer shall issue a written order or recommendation. The order shall be transmitted to the board’s office. The file and a copy of the order shall be transmitted to the zoning administrator.

B. Notice of the decision shall be mailed to the applicant, the applicant’s representative, the owners of the subject property identified in the application, and those who testified at the hearing or requested notice in writing.

C. A decision by the hearings officer shall be effective 15 days from the date the order is mailed, unless appealed, called up by the board, or further action is required pursuant to MCC 16.39.040. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 44.20.]

A. An appeal shall be in writing and shall request that the board hold a hearing on the application. The appeal must:

1. Explain wherein the decision is factually or legally incorrect; or

2. Present new facts material to the decision; or

3. Propose modifications that will better conform the proposal to the requirements of this title.

B. The appeal shall be filed with the county clerk within 15 days of the mailing of the hearings officer’s decision.

C. If an appeal of a hearings officer’s decision is timely filed, the decision shall not become effective and the appeal shall be scheduled for consideration by the board.

D. The zoning administrator may appeal the decision of the hearings officer to the board. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 44.30.]

When the clerk does not receive notice of appeal pursuant to MCC 16.44.300 prior to the expiration of the appeal period, the decision becomes final and the zoning administrator shall provide notice of the effective date of the hearings officer’s decision to the applicant, owner of the property included in the application, and those requesting notice; provided, in the case of a hearings officer’s decision approving a plan amendment or zone change where a board hearing is not required, an ordinance shall be prepared for board adoption. Upon adoption of the ordinance, the zoning administrator shall provide the notice required in MCC 16.45.040. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 44.40.]

A. When the clerk receives a notice of appeal pursuant to MCC 16.33.940 or 16.44.300, the appeal may be placed on the agenda of a regular board meeting following the expiration of the appeal period.

B. When an appeal is filed, it shall stay all proceedings by all parties in connection with the matter upon which the appeal is taken until the board makes a decision on the appeal. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 45.01.]

The board shall review appeals and the action of the hearings officer, and:

A. The board may refer the matter back to the hearings officer for reconsideration on the hearing record or for rehearing; or

B. The board may summarily, after considering the application and appeal and finding that the facts therein do not warrant further hearing, affirm the action of the hearings officer and deny the appeal; or

C. If the board is of the opinion that the facts in the case warrant further consideration, the board shall accept the appeal and set a hearing. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 45.02.]

A. When the board has set a hearing pursuant to MCC 16.37.010 or 16.45.020(C) or when a hearing is required by state law, the zoning administrator shall provide notice as required in MCC 16.44.030(A) and (B). Failure of anyone to receive mailed notice shall not affect the validity of the proceedings.

B. In the case of hearings set pursuant to MCC 16.45.020, the board may limit the scope of the hearing to those aspects of the application that warrant review.

C. The board’s consideration of applications and appeals for which a board hearing is scheduled shall be de novo. All hearings shall be conducted in accordance with procedures adopted by the board and the requirements of this title and state law.

D. The board shall have the same authority as the hearings officer. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 45.03.]

A. After holding a hearing, the board may reverse, affirm, or modify a hearings officer’s decision. After holding a hearing, the board may deny, approve, or modify applications called up pursuant to MCC 16.37.010 or matters where a public hearing is required by state law.

B. The board’s decision shall be adopted by order in the case of a conditional use, partition, property line adjustment, subdivision, administrative review, adjustment, or a denial of a plan map amendment or zone change application. Approval of a plan map amendment or zone change shall be by ordinance.

C. Notice of the board’s decision shall be mailed to the applicant, the owners of the subject property identified in the application, those who request notice prior to the close of the final public hearing, those testifying at the board hearing, and others entitled to notice by law. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 45.04.]

A board decision is final and may be appealed in such a manner and within such time as provided in state law. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 45.05.]

If a Comprehensive Plan land use designation amendment, zone change, conditional use, partition, property line adjustment, administrative review or adjustment application is denied on the merits, this denial shall be a bar to refiling the same or substantially similar application for a period of 12 months from the date of the final decision. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 46.01.]

Decisions approving or denying applications shall become final at the close of business on the last day an appeal or a request for reconsideration can be filed. The zoning administrator shall not authorize building permits or other permits requiring conformance with this title before the decision becomes effective. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 46.02.]

The following provisions apply to all decisions except those enacted by ordinance:

A. Rights granted by a decision approving an application must be substantially exercised within two years unless a lesser period is specified in the conditions of approval, or unless the effective period is extended as provided in MCC 16.46.040. If the rights granted are not substantially exercised during the effective period as provided in subsection (B), (C), or (D) of this section, the rights shall expire.

B. Where the exercise of rights under an approved application involves work for which a building permit is required, the rights granted shall expire if a building permit has not been issued prior to the expiration of the effective period. Where the approval refers to phased development, the rights granted shall expire if building permits for the first phase are not issued prior to the expiration of the effective period.

C. If a building permit integral to the exercise of the rights granted has been issued, the rights granted shall be considered exercised. If the building permit expires, the rights granted shall be considered expired if less than 50 percent of the value of the authorized construction has been completed.

D. For the purpose of this section, if the rights granted do not involve work for which a building permit is required, the rights granted shall be considered exercised when a substantial portion of the use benefited by the rights granted has been established. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 46.03.]

A. The effective period of an approved application may be extended by the final decision maker or the zoning administrator for additional one-year periods if:

1. There have been no changes in land use law or plan policy that would apply to the application if reapplication was required; and

2. A written request for an extension is filed by the applicant or applicant’s successor prior to the expiration of the approval; and

3. The decision, if rendered after the adoption of this title, included reference to the possibility of an extension, and the extension is consistent with any limits on extensions imposed in the original decision.

B. There shall be no limit on the number of extensions that may be requested and approved.

C. Approval of an extension granted under this section is not a land use decision described in ORS 197.015 and is not subject to appeal as a land use decision. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 46.04.]

Excepting conditions adopted by ordinance, conditions imposed as part of approved applications may be amended as provided in this section if the rights have not expired or terminated:

A. An application for amendment shall be submitted on the form supplied for new applications;

B. The request shall include the fee for amendments;

C. A new notification list shall be provided if the request is submitted more than 60 days after the original notification list was prepared;

D. A new file need not be established;

E. The amendment request shall be considered by the maker of the first decision;

F. Except as modified herein, the procedures in this title for review of the original application shall apply. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 46.05.]

Conditions authorized by this title for zone changes, partitions, subdivisions, property line adjustments, administrative reviews, adjustments, and conditional uses are either conditions that must be satisfied before the exercise of the rights granted or are conditions that apply continuously during the exercise of the granted rights. Unless specified otherwise, the provisions of this chapter apply in administering conditions of approval. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 47.01.]

Except as provided in MCC 16.47.030 and 16.47.050, conditions of approval shall be satisfied prior to establishment of the use. [Ord. 863 § 5, 1990. UZ Ord. § 47.02.]

Where the zoning administrator determines that a condition cannot practically be accomplished prior to inception of the use, the applicant and property owner shall sign a performance agreement allowing one year following commencement of the use to comply with the condition. The agreement may provide for a performance bond or other reasonable security for performance including but not limited to a trust deed. The amount of the bond or security shall be based on 100 percent of the estimated cost of improvements within public rights-of-way and 50 percent of estimated improvement costs on the subject property. The Marion County department of public works shall estimate the cost of improvements within public rights-of-way and the building official shall estimate costs of on-site improvements. The amount of the bond or security shall not be reduced or the bond or security terminated without county approval. [Ord. 863 § 5, 1990. UZ Ord. § 47.03.]

Performance agreements shall not be used to defer improvements such as, but not limited to, off-street parking, that are necessary to immediately protect the public health, safety, and welfare. [Ord. 863 § 5, 1990. UZ Ord. § 47.04.]

If the conditions covered in the performance agreement are not met within one year, the county may cause the conditions to be satisfied and recover the cost, plus a 10 percent administrative charge from the bond, the security, or the applicant. [Ord. 863 § 5, 1990. UZ Ord. § 47.05.]

When conditions require that improvements or certain conditions be maintained or continued over a period of time, the decision may require a performance bond or other security in support of a performance agreement. If the agreement includes a performance bond or other security, it shall provide that within 30 days of notice to the property owner the county may cause unmet conditions to be satisfied and recover the cost, plus a 10 percent administrative charge from the bond, the security, or the property owner. When the agreement is for maintenance, the bond or security value shall be 25 percent of estimated installation cost or $2,500, whichever is greater. Conditions not related to improvements shall not require a bond or security unless the requirement and amount are established in the land use decision. [Ord. 863 § 5, 1990. UZ Ord. § 47.06.]

The zoning administrator may grant one-year extensions for a performance agreement if in the opinion of the zoning administrator the extended performance agreement meets the requirements of this chapter and the one-year delay will not adversely affect the public health, safety, and welfare. If the original decision was not made by the zoning administrator, the concurrence of the original decision maker is required. Concurrence by the department of public works is also required if the extension relates to improvements administered by the department of public works. [Ord. 863 § 5, 1990. UZ Ord. § 47.07.]

Where this title imposes a greater restriction on a use, structure, or development established prior to the adoption of this title, the provision of this title controls except that this title shall not take precedence over the zoning requirements applied to land use applications granted under preceding zoning ordinances. The provisions of this chapter relate exclusively to the use and development conditions and regulations imposed directly and not by reference or implication in this title. Nothing in this chapter shall be deemed a waiver, relaxation or abrogation of any provision of any other applicable law, ordinance, or regulation controlling the use or development of buildings, structures or land. [Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 48.01.]

A. The nonconforming use of a building, structure, vehicle or land shall be deemed to have terminated if the building, structure, vehicle or land ceased to be occupied for that use, for any reason, for a continuous period of one year.

B. Any nonconforming use dependent upon a building or structure which is substantially damaged or becomes deteriorated to the extent that it has been declared a “dangerous building” and ordered demolished pursuant to the International Building Code shall be deemed terminated upon such destruction or declaration and order.

C. Any nonconforming use or development dependent upon a building, structure or vehicle located on the premises which is substantially damaged or destroyed by any cause shall be deemed terminated upon the date of such damage or destruction. For the purpose of this subsection, a building, structure, or vehicle is substantially damaged if the cost of repair or restoration of the building, structure or vehicle would exceed 60 percent of its replacement cost using new materials and conforming to current building codes. Reestablishment of a nonconforming use or development dependent on a substantially damaged building, structure, or vehicle shall require a conditional use permit. Application for replacement or reestablishment shall occur within 12 months of termination. Findings on the cost of repair or restoration, replacement cost, and dependency of the use on the damaged building or structure shall be included in the decision.

D. No nonconforming use or development which has terminated as provided in this section shall thereafter be reestablished, except as provided in subsection (C) of this section. [Ord. 1170 § 4, 2002; Ord. 1032 § 7, 1996; Ord. 863 § 5, 1990. UZ Ord. § 48.10.]

Except as provided in MCC 16.48.140 and 16.48.180, any lawfully established nonconforming use, structure or development may be continued as a lawful use, structure or development unless and until terminated as provided in MCC 16.48.100, subject to the following restrictions as to expansion, alteration, change, and replacement of the use, structures, or development:

A. A legal nonconforming use of a portion of a conforming or nonconforming building may be expanded into other portions of that building existing prior to this title as provided in subsection (C) of this section.

B. A conforming or nonconforming building, structure, or vehicle occupied by a legal nonconforming use may be altered, enlarged or replaced for the benefit of such use as provided in subsection (C) of this section; provided, that the alteration, enlargement or replacement is otherwise lawful under the development standards of this title and the provisions of all other applicable laws, ordinances, and regulations.

C. The nonconforming uses specified in this chapter are treated as conditional uses in the applicable zone. However, unlike conditional uses, they are not deemed permitted uses. Nonconforming uses may be expanded or changed to a use of the same or more restricted nature where such use is granted a conditional use permit. The procedures and criteria set forth in Chapters 16.37 and 16.40 MCC shall apply. In addition, the applicant shall have the burden of showing that the alteration of the use or structure is necessary to comply with a lawful requirement or will not result in a greater adverse impact on the neighborhood. Granting of a conditional use allowing the alteration does not remove the nonconforming status of the use or structure.

D. An applicant may not be required to prove the existence, continuity, nature and extent of the use for a period exceeding 20 years immediately preceding the date of the application. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 48.12.]

A. Notwithstanding the provisions of MCC 16.48.120, any legally established nonconforming residential use in any commercial or industrial zone may be continued unless and until terminated. Such uses may be expanded and their buildings structurally altered provided such expansion or structural alteration complies with all applicable development standards in this title, and with all applicable provisions of other laws, ordinances and regulations. Changes of use from a nonconforming residential use to a nonconforming nonresidential use or another nonconforming residential use shall be allowed as provided in MCC 16.48.120(B) and (C).

B. Notwithstanding the provisions of this title, any legally established nonconforming single-family dwelling or mobile home in any commercial or industrial zone which is substantially damaged or destroyed by fire or other casualty or natural disaster may be restored or replaced if it is determined: (1) the dwelling or mobile home meets the setback and height standards of the CO (commercial office) zone, or is no more nonconforming than the existing dwelling or mobile home; (2) there is only one dwelling or mobile home on the lot or parcel; (3) in the case of replacement, the dwelling or mobile home, if not placed on the same footprint, shall be located in such a manner that any significant unused portion of the property has adequate development options, and development options on adjacent properties are not significantly restricted. Consideration shall be given to the planned location of public facilities and services in siting a replacement dwelling or mobile home. A mobile home may be replaced only with a mobile home and the replacement mobile home meets the requirements in MCC 16.26.020(A)(1) or (2) and (3).

Application for restoration or replacement shall be commenced within 12 months of the occurrence of fire, casualty or natural disaster. After the 12-month period, restoration or replacement may occur only if consistent with the provisions of the Marion County urban zoning ordinance. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 1032 § 8, 1996; Ord. 863 § 5, 1990. UZ Ord. § 48.14.]

Any legally established use existing prior to this title which is listed in this title as a permitted or conditional use in the applicable zone shall be a conforming use even though it does not conform to the requirements for such uses in this title provided:

A. A conditional use permit shall be required for any use other than a single-family dwelling or mobile home if the use is expanded or if primary structures or buildings occupied by the use are expanded.

B. Pre-existing uses and related structures and buildings conform to any condition imposed at the time the use was approved unless modified as part of a conditional use permit approved pursuant to the requirements of this title.

C. Replacement of a mobile home in the UT, UD, and RS zones shall be with a mobile home that meets the requirements in MCC 16.26.903(A). Replacement of a mobile home in any other zone shall be with a mobile home that meets the requirements in MCC 16.26.903(A).

D. Legally established structures accessory to a dwelling, mobile home, farm or forest use existing when the UT zone in this title is applied shall be considered in conformance with the UT zone and may be repaired, altered, enlarged or replaced provided the alteration, enlargement, or replacement does not encroach into any vision clearance area or special street setbacks. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 48.18.]

Except as provided under MCC 16.48.120 through 16.48.180 for expansion, change, alteration, or replacement of nonconforming uses and development, every use and premises which is nonconforming shall maintain compliance with all applicable regulations, including conditions on land use actions, by which it was governed at the time it became nonconforming. [Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 48.20.]

Except as otherwise provided in this chapter, nonconforming structures and developments, and premises occupied by nonconforming uses, may be repaired and maintained without restriction. [Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 48.22.]

Any lot, parcel, use or structure existing prior to this title which was established in violation of prior zoning ordinances or the subdivision and partition ordinance then in effect, and which is unlawful under this title, shall not be classified as a nonconforming lot, parcel, use or structure by virtue of the repeal of any such prior ordinances, and such lot, parcel, use or structure shall constitute a violation of this title. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 48.30.]

Lots or parcels lawfully established prior to this title may be used and developed as provided in this title even though such lot or parcel does not conform to the requirements of this title provided all other development standards are met. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 48.32.]

Wherever the zoning on any lot or parcel or portion thereof is changed, the provisions in this chapter shall apply to any use, structure or development made nonconforming by the zone change. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 48.40.]

A. The meanings given terms in this chapter may, in certain contexts in which they are used, be clearly inapplicable. In such cases the context in which a term is used will indicate its intended meaning, and that intent shall control.

B. Where a term used in this title is already defined in another county ordinance, the term is not redefined herein unless it has a different meaning in this title, or is so frequently used herein that the same definition is reproduced in this chapter for the reader’s convenience. If a term elsewhere defined in a county ordinance is not defined herein, it is intended that such terms have the same meaning in this title as the definitions elsewhere adopted unless the context otherwise clearly requires.

C. Terms not defined in this title shall have their ordinary accepted meanings within the context in which they are used. Webster’s Third New International Dictionary of the English Language, Unabridged (Ed. 2002), shall be considered a standard reference to ordinary accepted meanings.

D. For the purpose of this title, words used in the present tense include the future, the singular number includes the plural, the word “shall” is mandatory and not directory, and the word “building” includes structure.

E. Terms defined in other chapters of this title apply only within the chapter where the term is defined. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.001.]

See “Contiguous” (MCC 16.49.066). [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.004.]

“Accessory” means a building, structure, vehicle, or use which is incidental and subordinate to and dependent upon the primary use on the lot. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.006.]

“Accessory dwelling unit” means an interior, attached or detached residential structure that is used in connection with, or that is accessory to, a single-family dwelling as permitted in Chapter 16.25 MCC and meeting the standards for development in Chapter 16.26 MCC. [Ord. 1397 § 4 (Exh. B), 2019.]

“Adjacent” means near or close, but not necessarily abutting or contiguous with. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.008.]

See “Contiguous” (MCC 16.49.066). [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.010.]

“Administrative action” means a determination or an interpretation made by the zoning administrator in the administration of this title. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.012.]

“Administrator, zoning” means the person designated by the Marion County board of commissioners to administer this title, or the administrator’s designee. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.014.]

“Alley” means a public right-of-way not more than 25 feet and not less than 10 feet in width, providing a secondary means of vehicular access. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.016.]

“Appeal period” means the number of days specified for the particular type of land use action for filing an appeal. The appeal period begins the day the notice of decision is mailed and ends at the close of business on the last day of the period. Business days, holidays and weekends are included. If the appeal period would otherwise end on a Saturday, Sunday or a holiday when county offices are closed, the appeal period ends at the close of business on the first following business day. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.018.]

“Applicant” means any property owner, buyer, lessee or an agent for the owner, buyer or lessee who makes application to the zoning administrator for approval of an administrative action or hearings action as provided in Chapters 16.35 through 16.43 MCC. For an agent to be the applicant, appropriate written evidence must be provided that the agent is authorized to sign the application on behalf of the owner, lessee or buyer. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.020.]

“Approved” means approved by the zoning administrator, hearings officer, planning commission or board having jurisdiction to grant such approval. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.022.]

“Berm” means a linear mound of soil. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.026.]

“Biomass facility” means an electricity generating facility that burns wood, agricultural products, and other plant or animal waste as fuels to produce steam which is converted to electricity, or a gasification, methane fermentation, or alcohol fuel production facility. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.028.]

“Board” means the Marion County board of commissioners. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.030.]

“Boarding” means providing meals and lodging for pay or compensation of any kind to persons other than members of the family occupying the dwelling. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.032.]

“Building” means a structure used or intended for supporting or sheltering any use or occupancy exclusive of mobile homes. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.034.]

“Building official” means the building official for Marion County duly appointed by the board pursuant to the International Building Code. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.036.]

“Campground” means a premises under one ownership where designated sites are provided for persons to cook and sleep temporarily outdoors or in portable shelters other than mobile homes where not more than 20 percent of the designated sites are occupied by recreational vehicles at any time. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.038.]

“Carport” means a permanent structure which is not enclosed on two or more sides, and which is used or intended for the parking of motor vehicles. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.040.]

“Cemetery” means land used or intended to be used for the burial of the dead, including pets, and dedicated for cemetery purposes, including a columbarium, crematory, mausoleum, or mortuary, then operated in conjunction with and within the boundary of such cemetery. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.042.]

“Child care facility” means any facility that provides child care to children, including a child care center, certified family child care home, and registered family child care home. It includes those known under a descriptive name, such as nursery school, preschool, kindergarten, child play school, before and after school care, or child development center, except those excluded under ORS 657A.250. This term applies to the total child care operation. It includes the physical setting, equipment, staff, provider, program, and care of children. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.044.]

Repealed by Ord. 1301. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.046.]

“Child care home” means:

A. A child care facility located in a building constructed as a single-family dwelling that has certification to care for a maximum of 12 children at any one time; or

B. A group child care home as used in OAR Chapter 657A. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.048.]

“Child foster home” refers to a home certified by State Department of Human Services that is maintained and lived in by the person named on the foster home certification. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.050.]

See MCC 16.01.010. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.052.]

“Condominium” means a building or group of buildings, broken into separate units with each unit being separately owned, while the parcel on which the building(s) is located is held in a single ownership. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.054.]

“Commission” means the Marion County planning commission or the Marion County hearings officer. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.056.]

“Comprehensive Plan” means the officially adopted generalized, coordinated land use map and policy statement of the board that interrelates all functional and natural systems and activities relating to the use of land. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.058.]

“Conditional use” means any use which is permitted in a particular zone only after review and approval as a conditional use and includes, where not excepted, conditional uses established under previous zoning ordinances. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.060.]

“Conditional zone change” means a land use action under MCC 16.39.060. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.062.]

“Corner lot” means a lot having two or more intersecting lot lines, which are also street or roadway right-of-way lines, in which the interior angle formed by the extensions of the street or roadway lot lines in the direction which they take at their intersection with the side or rear lot lines forms an angle of 135 degrees or less. In the event the street or roadway lot line is a curve at the point of intersection with a side or rear lot line, the tangent to the curve at that point shall be considered the direction of the lot line. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.064.]

“Contiguous” means touching along a boundary at more than one point. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.066.]

“Decision” means the written order or ordinance by which the zoning administrator, hearings officer, planning commission or board makes its disposition of a land use action. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.068.]

“Designated arterial or collector street” means a street designated as an arterial or collector or equivalent designation in the Comprehensive Plan or as defined by the Marion County department of public works. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.070.]

“Develop” means:

A. To construct or structurally alter a structure.

B. To make alterations or improvements to land for the purpose of enhancing its economic value or productivity. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.072.]

“Development” means the act, process or result of developing. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.074.]

“Development standards” means any standard or condition imposed in the applicable zone and in Chapter 16.24 MCC and Chapters 16.26 through 16.34 MCC and any conditions imposed as a condition of application approval. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.076.]

“Dormitory” means a building with one or more lodging rooms where each room is intended to be occupied by more than two employees or lodgers. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.078.]

“Duplex” means a dwelling on a single lot containing two independent dwelling units. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.080.]

“Driveway strip” means a strip of land used for vehicular access not more than 60 feet wide which is part of a lot and connects the portion of the lot wider than 60 feet with a roadway easement or street. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.082.]

“Drop station” means vehicles or structures of less than 400 square feet maintained on a lot solely to provide shelter for no more than three types of source-separated recyclable material (such as paper, tin cans, plastics and bottles) deposited by members of the public and collected at regular intervals for further transfer or processing elsewhere. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.084.]

“Dwelling” means any portion of a building or mobile home which contains one or more dwelling units intended, or designed to be occupied, or which are occupied for living purposes. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.086.]

“Dwelling unit” means an independent area in a building or mobile home including permanent provisions for living, sleeping, eating, cooking and sanitation occupied by a family as defined in MCC 17.110.220. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 882 § 4, 1990; Ord. 863 § 5, 1990. UZ Ord. § 49.088.]

“Dwelling, single-family” means a detached building on a lot, or portion of a building on a separate lot, containing only one dwelling unit, exclusive of a mobile home, but including a manufactured dwelling or a modular or prefabricated dwelling meeting building code requirements in effect at its time of construction. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.090.]

See “Duplex” (MCC 16.49.080). [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.092.]

“Dwelling, multiple-family” means a building or portion thereof containing three or more dwelling units. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.094.]

“Excavated and backfilled” means that the manufactured dwelling shall be placed in such a fashion that the bottom of the floor joist shall not be more than 12 inches above grade. Grade shall have the same meaning as “Grade, finished.” [Ord. 1301 § 4 (Exh. A), 2010. UZ Ord § 49.096.]

“Family” means adults or adults and children related by blood, marriage, or legal guardianship living together in a dwelling unit; or persons who are not related by blood, marriage, or legal guardianships, living together in a dwelling unit; or residents of a residential home as defined in MCC 16.49.228. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 882 § 4, 1990; Ord. 863 § 5, 1990. UZ Ord. § 49.100.]

“Farm use” means the current employment of land for the primary purpose of obtaining a profit in money by raising, harvesting and selling crops or the feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals or honeybees or for dairying and the sale of dairy products or any other agricultural or horticultural use or animal husbandry or any combination thereof. Farm use includes the preparation, storage and disposal by marketing or otherwise of the products or by-products raised on such land for human or animal use. Farm use also includes the current employment of land for the primary purpose of obtaining a profit in money by stabling or training equines including but not limited to providing riding lessons, training clinics and schooling shows. Farm use also includes the propagation, cultivation, maintenance and harvesting of aquatic species and bird and animal species to the extent allowed by the rules adopted by the State Fish and Wildlife Commission. Farm use includes the on-site construction and maintenance of equipment and facilities used for the activities described in this section. Farm use does not include the use of land subject to the provisions of ORS Chapter 321, except land used exclusively for growing cultured Christmas trees as defined in ORS 215.203(3) or land described in ORS 321.267(1)(e) or 321.415(5). In the UT zone, “farm use” means current employment of land for the primary purpose of obtaining a profit in money from farm use as defined in ORS 215.203(2). Preparation of products or by-products includes but is not limited to the cleaning, treatment, sorting, or packaging of the products or by-products. “Products or by-products raised on such land” means that those products or by-products are raised on the farm operation where the preparation occurs or on other farm land, provided the preparation is occurring only on land being used for the primary purpose of obtaining a profit in money from the farm use of the land. Farm use does not include a medical marijuana processor* or medical marijuana producer*. [Ord. 1372 § 4 (Exh. A), 2016; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.102.]

“Fence” means an unroofed structure used as an enclosure, barrier, or restriction to light, sight, air or passage. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.104.]

“Flag lot” means a lot, the major portion of which has access to a street by means of a narrow strip of land not less than 20 feet in width. [Ord. 1301 § 4 (Exh. A), 2010. UZ Ord § 49.105.]

“Floor area” means the area included within the surrounding exterior walls of a building or portion thereof, exclusive of unroofed areas. The floor area of a structure or portion thereof not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.106.]

“Frontage” means that portion of a lot which abuts a street, whether or not access to the property is accorded thereby, and whether or not a building or structure faces the street frontage. In context, coupled with the term “alley” or “roadway,” “frontage” has the same meaning with respect to an abutting alley or roadway. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.108.]