The ordinance codified in this title shall be known as the Mill City Zoning Ordinance of 1998.

(Ord. 273 § 1.010, 1998)

The purpose of this title is to promote the public health, safety and general welfare, to assist in carrying out the city comprehensive plan, and to assist in implementing statewide planning goals as adopted by the State of Oregon Land Conservation and Development Commission.

(Ord. 273 § 1.020, 1998)

Words used in the present tense include the future, words in the singular number include the plural and words in the plural number include the singular; the word "shall" is mandatory and not directory. As used in this title, the following words and phrases mean:

"Abut" means contiguous to or immediately join. For example, two lots with a common property line are considered to be abutting.

"Access" means the way or means by which pedestrians and vehicles enter and leave property.

"Accessory building" means a detached subordinate building or a portion of the main building, the use of which is incidental to that of the main building or the premises. Where a substantial part of the wall of an accessory building is a part of the wall of the main building, or where an accessory building is attached to the main building in a substantial manner by a roof, such accessory building shall be regarded as part of the main building.

"Accessory use" means a use incidental, appropriate and subordinate to the main use of a lot or building.

"Access way" means an unobstructed way of specified width containing a drive or roadway which provides vehicular access within a manufactured dwelling park and connects to a public street.

"Alley" means a public right-of-way not more than twenty (20) feet nor less than ten (10) feet in width, which intersects with a public street.

"Alteration" means any change, addition or modification in construction or occupancy.

Apartment House. See Dwelling, Multiple-Family.

"Automobile and/or trailer sales area" means uncovered premises used for display, sale or rental of new or used automobiles, trucks or trailers.

"Awning" means any stationary structure used in conjunction with a manufactured dwelling, other than a window awning, for the purpose of providing shelter from the sun and rain which has a roof with supports and not more than one wall or storage cabinet substituting for a wall.

"Bed and breakfast" means any establishment located in a structure designed for a single-family residence and structures appurtenant thereto, regardless of whether the owner or operator resides in any of the structures, that:

(a)

Has more than two rooms for rent on a daily basis to the public;

(b)

Offers meal service as provided in ORS 624.046 (Bed and breakfast facility regulation) as part of the cost of the room.

[Note: See ORS 624.010 and OAR 333.170 for additional regulatory requirements from the Oregon Health Authority, Public Health Division.]

"Buffer" means an area of natural or planted vegetation which is dense enough to block substantially all sight and to lower noise and air pollution levels.

"Building" means any structure having a roof supported by columns or walls for the housing, shelter or enclosure of persons, animals or property; when separated by dividing walls without openings, each portion of such building so separated shall be deemed a separate building.

Building, Height of. "Height of building" means the vertical distance measured from the grade to the highest point of the roof surface of a flat roof, to the deck line of a mansard roof, and to the mean height level between the eaves and ridge for a gable, hip or gambrel roof.

"Cabana" means a stationary light-weight structure which may be prefabricated or demountable, with two or more walls, used adjacent to and in conjunction with the manufactured dwelling.

"Carport" means a stationary structure consisting of a roof with its supports and not more than one wall, and used for sheltering a motor vehicle.

"Church" means a building, together with its accessory buildings and uses, where persons regularly assemble for worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

"City" means the city of Mill City, Oregon.

"Clear vision area" means a triangular area on a lot at the intersection of two streets or a street and a railroad, the sides of which are lines measured from the corner intersection of the right-of-way lines. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lines at the intersections have rounded corners, the right-of-way lines will be extended in a straight line to the point of intersection.

"Club" means any organization, group or association supported by members thereof, the purpose of which is to render a service customarily rendered for members and their guests, but shall not include any organization, group or association the chief activity of which is to render a service customarily carried on as a business.

"Comprehensive plan" means the Mill City comprehensive plan which has been formally adopted by the city council of Mill City; which is an expression of public policy in the form of policy statements, generalized plan maps, and standards and guidelines; which is the basis for more specific rules and land use regulations which implement the plan policies; and which is intended to assure that public actions are consistent and coordinated with the policies expressed through the comprehensive plan.

"Day care facility" means a facility that provides day care to children, including a day nursery, nursery school group or similar unit operating under any name, but not including: (1) A facility providing care that is primarily educational, unless provided to a preschool child for more than four hours a day; (2) A facility providing care that is primarily supervised training in a specific subject, including but not limited to dancing, drama, music or religion; (3) A facility providing care that is primarily an incident of group athletic or social activities sponsored by or under the supervision of an organized club or hobby group; (4) A facility operated by a school district, political subdivision of this state or a governmental agency; or (5) A residential facility licensed under ORS 443.400 to 443.455.

"Dwelling" means any building, or portion thereof, which is designed for or used for residential purposes, including manufactured dwellings.

Dwelling, Multiple-Family. "Multiple-family dwelling" means a building or portion thereof, designed for occupancy by three or more families living independently of each other.

Dwelling, Single-Family. "Single-family dwelling" means a building designed and occupied exclusively by one related family. The building may have only one kitchen.

Dwelling, Two-Family. "Two-family dwelling" means a building designed for occupancy by two families living independently of each other.

"Dwelling unit" means three or more rooms including a sleeping room, bathroom, and kitchen designed for the permanent occupancy of one family.

"Expansion of an existing manufactured home park" means the construction of manufactured home slab(s) or site(s) or the siting of manufactured homes of a number in excess of the number of sites, slabs, or manufactured homes in existence: (1) when the ordinance codified in this title came into effect; (2) when the manufactured home park was first constructed; or (3) after the date of the most recent expansion, whichever event occurred most recently.

"Family" means an individual or two or more persons related by blood, marriage, legal adoption or legal guardianship living together in one dwelling unit using one kitchen and providing meals or lodging to not more than three additional persons, excluding servants; or a group of not more than five unrelated persons living together in one dwelling unit using one kitchen.

"Family day care provider" means a day care provider who regularly provides day care in the family living quarters of the providers home to fewer than thirteen (13) children, including children of the provider, regardless of full-time or part-time status.

Garage, Private. "Private garage" means an accessory building designed or used for the parking or storage of not more than four automobiles owned by occupants living in the main building to which it is accessory.

"Grade (ground level)" means the average elevation of the finished ground level at the centers of all walls of a building, except that if a wall is parallel to and within five feet of a sidewalk, the sidewalk elevation nearest the center of the wall shall constitute the ground level.

"Guest house" or "servants quarters" means an accessory building without kitchen or cooking facilities and occupied solely by nonpaying guests or by servants employed on the premises.

"Home occupation" means an occupation carried on by an occupant of the dwelling which is incidental or secondary to residential use, provided it does not change the character of the dwelling.

"Loading space" means an off-street space in a building or on the same lot with a building for the temporary parking of a commercial vehicle or truck while loading or unloading merchandise or materials and which has direct access to a street or alley, and which has a paved surface wherever required.

"Lot" means a parcel of land occupied or intended to be occupied by a main building and its accessory building, together with the yards and other open spaces required by this title, and having its principal frontage upon a street or officially approved place.

"Lot area" means the total horizontal area within the lot lines of a lot exclusive of public and private streets.

Lot, Corner. "Corner lot" means a lot abutting on two or more streets, other than an alley, at their intersection.

"Lot depth" means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line.

Lot, Interior. "Interior lot" means a lot other than a corner lot.

"Lot line" means the property line bounding a lot.

Lot Line, Front. "Front lot line" means the lot line separating the lot from a street other than an alley, and in the case of a corner lot, the shortest lot line along a street other than an alley.

Lot Line, Rear. "Rear lot line" means the lot line which is opposite and most distant from the front lot line. In the case of an irregular, triangular or other shaped lot, a line ten (10) feet in length within the lot, parallel to and at a maximum distance from the front lot line.

Lot Line, Side. "Side lot line" means any lot line not a front or rear lot line.

"Lot of record" means a lot which has been recorded as required by the laws of the state, in the office of the county clerk of Marion or Linn County.

Lot, Through. "Through lot" means a lot having frontage on two parallel or nearly parallel streets.

"Lot width" means the average horizontal distance between the side lot lines.

"Manufactured dwelling" means a manufactured dwelling is either a mobile home or a manufactured home.

"Manufactured home" means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed in accordance with federal manufactured housing construction and safety standards regulations in effect at the time of construction. A "manufactured home" is a home built on or after June 15, 1976 to the standards and requirements of the National Home Construction and Safety Standards Act of 1974 as those standards are or may be amended. "Manufactured home" does not mean any building or structure subject to the structural specialty code adopted pursuant to ORS 455.100 to 455.450 or any unit identified as a recreation vehicle by the manufacturer.

"Manufactured home park" means a lot upon which four or more manufactured homes occupied for living or sleeping purposes are located, regardless of whether a charge is made for such accommodation.

"Mobile home" means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed between January 1,1962 and June 15, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction.

"Motel, hotel or rooming house" means a building or group of buildings used for transient residential purposes, containing units for rent.

"Nonconforming structure or lot" means a lawful existing structure or lot at the time this title or any amendment thereto becomes effective which does not conform to the dimensional or similar standards of the zone in which it is located.

"Nonconforming use" means a use which lawfully occupied a building or land at the time this title became effective, and which does not conform with the use regulations of the zone in which it is located.

Parking Area, Public. "Public parking area" means an open area, other than a street, used for the temporary parking of more than four automobiles and available for public use, whether free, or compensated, or as an accommodation for clients or customers.

"Parking space" means a clear area for the temporary parking or storage of one automobile, having an all-weather surface, of a width of not less than eight feet and a length of not less than eighteen (18) feet, and having not less than seven and one-half feet in height when within a building or structure, further provided that such automobile parking space shall have easy access to a street or alley by a driveway having an all-weather surface.

"Person" means every natural person, firm, partnership, association or corporation.

"Planning commission" means the planning commission of the city of Mill City, Oregon. The term "commission" is used interchangeably with "planning commission" in this title.

"Ramada" means a stationary structure having a roof extending over a manufactured dwelling which may also extend over a patio or parking space for motor vehicles, and is used principally for protection from sun and rain.

"Recreational vehicle" means a vacation trailer or other vehicular or portable unit which is either self-propelled or towed or is carried by a motor vehicle and which is intended for temporary human occupancy and is designed for vacation or recreational purposes but not residential use.

"Residential facility" means a facility licensed under ORS 443.400 through 443.455 for eleven (11) or fewer unrelated physically or mentally handicapped persons or elderly persons and not to exceed two staff persons who need not be related to each other or to any other facility resident.

"Residential home" means a residence for five or fewer unrelated physically or mentally handicapped persons and for staff persons who need not be related to each other or to any other home resident.

"Right-of-way" means the area between the boundary lines of a street, road or other easement.

Service Station, Automobile. "Automobile service station" means a place or station designed and used primarily for the supplying of motor fuel, oil, lubrication and accessories to motor vehicles, but excluding major repair and overhauling.

"Shipping container" means a premanufactured metal container or other similar container used for overseas shipping, interstate commerce or storage. A shipping container does not include a tractor trailer box, with or without wheels.

"Story" means that portion of a building included between the surface of any floor and the surface of the next floor above it, or, if there be no floor above it, then the space between such floor and the next above it. Fourteen (14) feet from one floor surface to the next floor surface above shall be considered as one story in height measurements.

Story, Half. "Half story" means a story next under a sleeping roof in which the ceiling surface is within two feet of the floor surface in two opposite walls.

"Street" means a public or private way that is created primarily to provide vehicular ingress and egress for persons to one or more lots, parcels, areas or tracts of land and including the terms "road", "street", "highway", "lane", "boulevard", "avenue", or similar designations.

"Structure" means anything constructed or erected which requires location on the ground or attachment to something having a location on the ground. Driveways and walks not more than six inches above the ground on which the rest shall not be considered structures.

"Structural alterations" means any change in the supporting members of a building, such as foundation, bearing walls, columns, beams or girders.

"Temporary storage cover or building" means a storage cover or building constructed of a plastic or metal pole frame and covered with a canvas, vinyl, metal sides and/or roof which is not attached to a permanent foundation and is normally intended for storage of vehicles, recreation vehicles or equipment. A temporary storage cover or temporary storage building is an accessory use to the main structure.

"Use" means the purpose land or a building now serves or for which it is arranged, designed or intended.

"Yard" means an open space on a lot which is unobstructed from the ground upward, except as otherwise provided in this title.

Yard, Front. "Front yard" means a yard between side lot lines and measured horizontally at right angles to the front lot line from the front lot line to the nearest point of a building. Any yard meeting this definition and abutting on a street other than an alley shall be considered a front yard.

Yard, Rear. "Rear yard" means a yard between side lot lines and measured horizontally at right angles to the rear lot line from the rear lot line to the nearest point of a main building.

Yard, Side. "Side yard" means a yard between the front and rear yard measured horizontally, at right angles from the side lot line to the nearest point of a main building.

Yard, Street Side. "Street side yard" means a yard adjacent to a street between the front yard and rear lot line measured horizontally at right angles from the side lot line to the nearest point of a building.

"Zoning official" means the City Recorder and Planning Consultant for the City of Mill City who have been designated by the City Council of Mill City with the duties and authority to enforce the provisions of this title and Title 16 of this code.

(Ord. 339 § 1, 2006; Ord. 277 § 1, 1999; Ord. 283 § 4, 2001; Ord. 273 § 1.030, 1998)

(Ord. No. 358, § 3, 7-13-2010; Ord. No. 392, § 1, 2-14-2017)

A.

No building shall be erected, enlarged or structurally altered, nor shall any land or building be used for any purpose other than is permitted in the zone in which said building or land is located.

B.

No lot shall be so reduced or diminished so that the yards or other open spaces shall be smaller than prescribed by this title nor shall the density of population be increased in a manner except in conformity with the area regulations herein established.

C.

No yard or other open space provided about any building in compliance with this title shall be considered as any part of a yard or open space for any other building, nor shall any yard or open space of adjacent property be considered as providing a yard or open space required for a building.

D.

Activities and developments that do not require a land use application are nevertheless subject to the provisions of this title, including, but not limited to setbacks, lot coverage, building height, design standards, parking, public works standards, on-site development and environmental standards.

(Ord. 273 § 1.040, 1998)

(Ord. No. 392, § 18, 2-14-2017)