Accessory buildings are allowed as authorized in this section and are subject to the following provisions.

A.

Use. Accessory buildings may be used as garages, workshops, storerooms, utility rooms, playhouses and other similar uses that are in conjunction with the principal use of the property.

B.

Building Location. An accessory building to a residential use of property or to a use permitted in the R-1 or R-2 zone may not be located within a required front, rear, or side yard.

C.

Height and Setback Requirements for Buildings Which Are Accessory to Residential Uses of Property and to Uses Permitted in the R-1 or R-2 Zone. An accessory building to a residential use of property or to a use permitted in the R-1 or R-2 zone shall not exceed a height of twenty (20) feet. An accessory building that is twelve (12) feet or less in height may be located within five feet of a rear or side lot line. An accessory building that is between twelve (12) feet and sixteen (16) feet in height may be located no closer than seven and one-half feet from a side or rear property line. An accessory building that is between sixteen (16) and twenty (20) feet in height may be located no closer than ten (10) feet from a side or rear property line.

D.

Accessory Buildings and Home Occupations. Accessory buildings may be used for home occupation purposes subject to the provisions in Section 17.44.130.

E.

Building Permits for Accessory Uses. A building permit for an accessory use to a residential use of property may be issued only:

1.

After there is a residential use already on the property, or

2.

At the same time or after a building permit for a residential use of property is issued.

F.

Exterior Appearance and Color of the Accessory Building. For accessory buildings which require a building permit, the siding of the accessory building shall match the exterior appearance and color of the siding of the main building or dwelling on the property.

G.

Garage or Carport.

1.

Each new single-family residential dwelling and manufactured home on an individual lot shall have either a garage or carport located on the same lot with the single-family dwelling or manufactured home as required in Section 17.12.020 and Section 17.16.020.

2.

The garage or carport shall be completed prior to occupancy of the single-family dwelling or manufactured home, except that one time period, not to exceed ninety (90) days, may be granted by the planning commission, upon submittal of a request by the owner of the single-family dwelling or manufactured home.

(Ord. 320 § 4, 2004: Ord. 283 § 3, 2001: Ord. 273 § 5.010, 1998)

An accessory use shall comply with all requirements for a principal use except where specifically modified by this chapter.

A.

Garage sales are permitted, provided:

1.

The maximum length of a sale shall be four days;

2.

The maximum number of sales permitted in a calendar year for each family is four;

3.

There shall be a minimum of thirty (30) days between each sale at any single property;

4.

All signs advertising a sale or directing the public to a sale shall be removed within forty-eight (48) hours of the completion of the sale.

B.

A guest house may be maintained accessory to a dwelling provided there are no cooking facilities in the guest house.

C.

Parking or Storage of Motor Vehicles and Recreational Vehicles.

1.

A motor vehicle, boat, trailer, camper, motorized dwelling and similar recreational equipment may be parked or stored on a lot as an accessory to a dwelling in a driveway, designated paved or gravel parking area, rear yard or side yard.

2.

A motor vehicle, boat, trailer, camper, motorized dwelling and similar recreational equipment may not be parked or stored in a front yard or street side yard, unless placed in a driveway or designated paved or gravel parking area.

3.

No person shall store or permit to be stored on a street or other public property any motor vehicle, boat, trailer, camper, motorized dwelling, similar recreational vehicle or personal property, without permission of the council, for a period in excess of twenty-four (24) hours as specified in Section 10.16.070 of the Mill City Municipal Code.

4.

A vehicle stored on a private property shall not violate the city's nuisance code, Chapter 8.04 of the Mill City Municipal Code which prohibits the storage of junk, vehicle parts, and/or an inoperable or unregistered motor vehicle.

D.

Use of Tractor Trailers, Trailer Boxes or Storage Containers Prohibited. The use of tractor trailer boxes (with or without wheels) and or shipping containers is prohibited in all zones, except as follows:

1.

The temporary use of not more than one storage container, with a maximum size of two hundred (200) square feet, during construction of a permanent building, subject to the following conditions:

a.

The storage container shall be placed in the driveway, side or rear yard.

b.

The storage container must be removed from the property not later than one year from the date of the issuance of the building permit for the permanent building by the Linn County building department.

c.

If the storage container is not removed by the property owner in a residential zone, then the city may proceed with removal of the storage unit under the city's summary abatement procedures in Chapter 8.04 of this code;

2.

The temporary use of a garbage or recycling container provided by the city's garbage franchise holder; and/or

3.

The on-going use of a recycling container provided by the city's garbage franchise holder to a public or not for profit entity within a public, commercial or industrial zone, subject to approval by the city council.

E.

RV Use as a Temporary Residence. The use of a recreation vehicle as a temporary residence is permitted provided that:

1.

The use of a self-contained recreational vehicle as a residence does not exceed thirty (30) days in a calendar year;

2.

The use of the recreational vehicle as a residence has been approved to be occupied by a park host as a dwelling accessory to a permitted use in the public "P" zone and is covered by the provisions of subsection E of this section;

3.

The use of the recreational vehicle as a temporary residence has been approved to be occupied by the owner of the property for a period of up to one year during construction of a new home in accordance with subsection F of this section; or

4.

A conditional use permit is approved granting the use of the recreational vehicle as a temporary secondary residence due to a medical hardship in accordance with subsection G of this section and Chapter 17.52 of this title.

5.

The use of a self-contained recreational vehicle is for emergency/transitional housing, in response to the Beachie Creek and Lionshead wildfires. The RV use as a temporary residence is permitted as follows:

a.

In the R-1, R-2, and CH zones one recreational vehicle is permitted as an accessory use to a single-family dwelling or duplex, subject to the standards in Section 17.44.020(I) of this chapter.

b.

In any zone, one or more recreational vehicle(s) are permitted on property owned or leased by the City of Mill City, a county, state or federal agency, subject to the standards in Section 17.44.020.I of this chapter.

F.

RV Use for a Park Host. Standards for a recreation vehicle to be occupied by a park host or caretaker as a dwelling accessory to a use permitted in the public "P" zone are as follows:

1.

An application to place a recreation vehicle as a park host in the public "P" zone shall be submitted to the planning commission for review and approval. The application shall include:

a.

A completed application to use a recreational vehicle as a "park host" RV site;

b.

A completed "park host agreement" form;

c.

A site plan showing the proposed location of all buildings, including the temporary residence, proposed screening, fencing or landscaping and how water supply, sewage disposal and electrical connections shall be accomplished in a safe and approved manner;

d.

A filing fee in accordance with Section 17.64.070 of this title;

2.

The planning commission shall consider the application at a regular meeting. However, no public hearing is required;

3.

The permit may be approved by the planning commission upon affirmative findings that:

a.

The "park host" use will be a benefit to the public,

b.

The placement of the temporary residence will comply with all other standards of this section,

c.

The value, use and enjoyment of neighboring properties will not be adversely affected;

4.

The recreational vehicle shall be connected to the city water system and may be connected to the city sewer system, upon approval of the city. All water, sewer, plumbing and electrical installations shall comply with applicable city ordinance, building codes, state statutes and administrative rules;

5.

The recreation vehicle shall have a floor area of at least one hundred twenty (120) square feet;

6.

There shall not be more than two adult occupants and not more than four total occupants residing in the recreation vehicle;

7.

The recreation vehicle shall be separated from all other buildings on the property or on adjacent properties by at least ten (10) feet, except that the setback from residential structures shall be at least fifteen (15) feet;

8.

The recreation vehicle shall be effectively screened from view from all residentially used or zoned properties which are within one hundred (100) feet from the location where the recreation vehicle is to be sited. The screening shall consist of a continuous fence or wall supplemented with landscaping and which is a minimum of five feet in height. The screening shall be maintained in good repair;

9.

If the recreation vehicle is to be replaced on the property by another recreation vehicle, the replacement recreation vehicle may be reviewed and approved for placement by the zoning official if it is placed in the same location and complies with all of the requirements of Section 17.44.020 of this title and the city council has approved a new park host agreement;

10.

Payment of systems development charges is not required at the time of connection to the system;

11.

The planning commission may vary the strict application of these rules or may establish additional conditions for the placement of the recreational vehicle on the property at the time of approval of the "park host" or "caretaker" permit;

12.

Upon approval of the permit to locate a recreational vehicle for a "park host," the council will review and may approve or deny a "park host" agreement for each use of the park host RV site. The planning commission will not review the "park host" agreement for each new park host. However, the terms of the park host RV site permit shall be attached to each "park host" agreement signed by the each park host.

G.

RV Use During Construction. Standards for a recreation vehicle to be occupied as a temporary residence during construction of a new home in the R-1, R-2, CC and CH zones and construction of a commercial, industrial or public building in any zone are as follows:

1.

An application for a permit to use a recreational vehicle during construction shall be submitted to the city. The application shall include:

a.

A completed application form;

b.

A site plan showing the proposed location of all buildings, including the location for recreational vehicle, proposed screening, fencing or landscaping (if any) and how water supply, sewage disposal and electrical connections shall be accomplished in a safe and approved manner;

c.

A filing fee in accordance with Section 17.64.070 of this title;

d.

A statement from the applicant certifying that the applicant will comply with subsections (G)(3) through (G)(9) of this section.

2.

The zoning official shall be the decision authority.

3.

The recreational vehicle must be occupied by the owner of the lot on which the recreational vehicle is located (if a new home is being constructed) or by a contractor or subcontractor (if a public, commercial or industrial structure is being constructed).

4.

The recreational vehicle may not be occupied until after the building permit has been issued by the city.

5.

The recreational vehicle may be occupied for a period of up to one year and only during a period in which satisfactory progress is being made toward the completion of the structure on the same site.

6.

Not more than thirty (30) days after final inspection and approval of the permanent structure (housing unit, public, commercial or industrial building) by the building official or upon expiration of the building permit, whichever comes first, the property owner shall remove the recreational vehicle from the lot or store it in accordance with subsection (B) of this section.

7.

Upon written request, the zoning official may grant not more than two six-month extensions while the structure is under construction.

8.

Evidence shall be presented showing that arrangements have been made for electric, water and sewer utility service to the recreational vehicle. [Note: The city may require the applicant to retain septage in a holding tank and dispose of at a RV sewage dumping station rather than connecting to the city sewer or place a temporary on-site portable restroom on site.]

9.

The recreation vehicle shall be separated from all other buildings on the property or on adjacent properties by at least ten (10) feet.

H.

RV or Manufactured Home Use for a Medical Hardship. Standards for a recreation vehicle or manufactured home to be occupied as a temporary residence due to a medical hardship in the R-1, R-2, CC and CH zones are as follows:

1.

An application for a permit shall be filed with the city using forms furnished by the city. The application shall include:

a.

A completed conditional use permit application, including written authorization from the property owners;

b.

A site plan showing the proposed location of all buildings, including the temporary residence, proposed screening, fencing or landscaping and how water supply, sewage disposal and electrical connections shall be accomplished in a safe and approved manner;

c.

A completed building permit application, if a manufactured home is proposed as a temporary residence;

d.

A filing fee in accordance with Section 17.64.070 of this title;

e.

A written statement from the applicant describing the medical hardship, the individuals to be cared for and why no other alternative method of alleviating the hardship is readily available to the family;

f.

A written statement from a medical physician licensed to practice in the state of Oregon. The physician's statement shall clearly state that the afflicted person needs daily supervision, care and/or assistance and the medical reasons for the need. The burden of proof showing medical need is required; financial hardship or a mere preference or unwarranted desire is insufficient justification for the application;

g.

A statement from the applicant certifying that the applicant will comply with subsections (H)(4) through (H)(9) of this section.

2.

The planning commission shall consider the application in accordance with the conditional use permit requirements in Chapter 17.52 of this title.

3.

The permit may be approved by the planning commission upon affirmative findings that:

a.

There is a medical hardship and the granting of the permit will alleviate substantial personal hardship by providing a temporary residence where care or assistance will be provided to a dependent family member.

b.

The temporary residence will be occupied by members of the immediate family who will either provide assisted living services and/or medical care to residents of the existing home or will receive assisted living services or medical care from residents of the existing home.

c.

The placement of the temporary residence will comply with all other standards of this section.

d.

The value, use and enjoyment of neighboring properties will not be adversely affected.

4.

The temporary residence may not be occupied until after the permit has been issued by the city.

5.

The permit will expire after one year, unless annual extensions are granted by the planning commission.

6.

Annual Renewal. Each conditional use permit granted under this section shall be reviewed annually by the planning commission. The permit will expire unless an extension is granted by the planning commission. Upon written request from the applicant, the planning commission may grant an annual extension of the permit if it finds the hardship situation has not changed substantially.

7.

The temporary residence will be served with electric, water and sewer utility service in compliance with building code requirements or city ordinances. No permanent electrical or sewer connections to a recreational vehicle will be permitted. All set-up and connections for a manufactured home must comply with applicable sections of the state of Oregon Manufactured Dwelling Code, state statutes and administrative rules and city ordinances.

8.

The temporary residence shall be separated from all other buildings on the property or on adjacent properties by at least ten (10) feet and shall be screened with fencing or landscaping from adjacent properties.

9.

Upon the expiration of the permit, the applicant and property owner shall agree in writing to remove the temporary residence from the lot within sixty (60) days or the owner will store the recreational vehicle in accordance with Section 17.44.020(B) of this title.

I.

RV Use as Transitional Housing. Standards for a recreation vehicle to be occupied as a temporary residence as emergency/transitional housing, in response to Beachie Creek and Lionshead wildfires, in the R-1, R-2 and CH zones are as follows:

1.

An application for a transitional housing permit to use a recreational vehicle as emergency housing shall be submitted to the city. The application shall include:

a.

A completed application form;

b.

A site plan showing the proposed location of the recreational vehicle on the site, including all permanent buildings, the location of the recreational vehicle, the RV space number, proposed screening, fencing or landscaping (if any) and how water supply, sewage disposal and electrical connections shall be accomplished in a safe and approved manner;

c.

A filing fee in accordance with Section 17.64.070 of this title;

d.

A statement from the applicant certifying that the applicant will comply with subsections (I)(3) through (I)(10) of this section.

e.

A transitional housing lease agreement, if the RV is located on property owned, leased or managed by the City of Mill City, county, state or federal agency.

2.

The city recorder shall be the decision authority.

3.

One recreational vehicle may be used for emergency housing on each lot, except as permitted by Section 17.44.020.E.5.b.

4.

The recreational vehicle may not be occupied until after the application has been approved by the city recorder and required building, plumbing and/or electrical permit(s) have been issued by the city.

5.

The recreational vehicle may be occupied by not more than four persons, unless otherwise approved by the city.

6.

The recreational vehicle may be occupied for a period of up to 12 months or for the time period listed in the transitional housing lease agreement with the City of Mill City.

7.

Upon written request, the city recorder may grant not more than two six-month extensions.

8.

Evidence shall be presented showing that arrangements have been made for electric, water and sewer utility service to the recreational vehicle. [Note: The city may require the applicant to retain septage in a holding tank and dispose of the septage at a RV sewage dumping station rather than connecting to the city sewer or place a temporary on-site portable restroom on site.]

9.

The recreation vehicle shall be separated from all other buildings on the property or on adjacent properties by at least five feet.

10.

Upon the expiration of the transitional housing permit, the applicant and property owner shall agree in writing to remove the recreational vehicle from the lot within 30 days.

(Ord. 339 § 5, 2006: Ord. 333 § 2, 2005; Ord. 320 § 5, 2004: Ord. 273 § 5.020, 1998)

(Ord. No. 358, § 9, 7-13-2010; Ord. No. 363, § 4, 4-24-2012; Ord. No. 369, § 6, 8-13-2013; Ord. No. 403, §§ 1, 2, 10-27-2020)

The requirements of the zones set forth in this title shall be subject to the following exceptions:

A.

Lot Size and Width.

1.

In an R-1 zone, a lot of less than seventy (70) feet in average width and less than seven thousand (7,000) square feet in area may be occupied by a use permitted within the zone, provided that the lot was held under separate ownership at the time this title became effective and provided all other requirements of the zone are met;

2.

In an R-2 zone, a lot of less than fifty (50) feet in average width and less than five thousand (5,000) square feet in area may be occupied by a use permitted within the zone, provided that the lot was held under separate ownership at the time this title became effective and provided all other requirements of the zone are met;

3.

Lot size and dimension standards shall be increased above the minimums established by this title, when it is determined by the Department of Environmental Quality or its authorized county agent for on-site sewage disposal that additional area or dimension is needed to accommodate a subsurface sewage disposal system.

B.

Setback Requirements.

1.

Through lots shall have a minimum yard of fifteen (15) feet facing each street;

2.

Where a side or rear yard opens onto an alley one-half of the width of the alley may be included toward meeting the yard requirement;

3.

Front, side and rear yard requirements shall be waived for dwellings, hotels, and rooming houses erected above the ground floor of a building provided the ground floor is designed and utilized for commercial or industrial purposes;

4.

For the purpose of yard regulations buildings with a common wall shall be considered as one building;

5.

The distance between any two principal buildings sited on one lot shall be a minimum of ten (10) feet.

C.

Obstruction. Every part of a required yard shall be open from the ground to the sky unobstructed except for the following:

1.

Accessory building, subject to other requirements in this title;

2.

Fence, wall or similar feature designed to delineate property boundaries;

3.

Playground equipment;

4.

Above or below ground swimming pool, spa or hot tub;

5.

Flagpole or antenna;

6.

Building projection such as a cornice, eave, sill or similar architectural feature not to project more than twenty-four (24) inches into any yard;

7.

Chimney projection when not obstructing light, air or access;

8.

Other structures similar to the above listed structures. The zoning official shall determine whether a specific structure is acceptable. The zoning official shall either approve or deny the structure, or, refer it to the planning commission for a decision. A decision of either the zoning official or planning commission may be appealed to the city council as provided by Section 17.64.050 of this title;

9.

The placement of any structure shall be consistent with the vision clearance requirements set forth in Section 17.44.050 of this chapter.

(Ord. 339 § 6, 2006: Ord. 273 § 5.030, 1998)

Sign requirements are located in Chapter 17.68 of this title. Sign regulations for temporary transient sales businesses are located in Section 17.44.080 of this chapter and sign regulations for home occupations are in Section 17.44.130(B)(3)(i) of this chapter.

(Ord. 278 § 2, 1999: Ord. 273 § 5.040, 1998)

All zones shall comply with the following vision clearance requirements:

A.

Clear vision areas shall be maintained at each access to a public street and on each corner of property at the intersection of two streets or a street and a railroad.

B.

No fence, wall, hedge, sign, or other planting or structure that would impede visibility between two feet and eight feet shall be established in the clear vision area. Measurement shall be made from the top of curb or, where no curb exists, from the street centerline grade.

C.

For single use residential driveways, the clear vision area shall consist of a triangular area, two sides of which are the curb line and the edge of the driveway. Where no curbs exist, the future location of the curb based on full street improvements shall be used.

D.

The following measurements shall establish the clear vision areas.

Clear Vision Area Measurements

E.

The provisions of this section shall not apply to the following:

1.

A public utility pole;

2.

A tree trimmed (to the trunk) to a line at least eight feet above the level of the intersection;

3.

An official warning sign or signal;

4.

A place where the natural contour of the ground is such that there can be no cross visibility at the intersection.

(Ord. 283 § 5, 2001: Ord. 273 § 5.050, 1998)

At the time a building is constructed or enlarged, off-street parking spaces shall be provided as set forth in this chapter. Square foot measurements shall include ground floor area less space within a building for off-street parking and loading. Number of employees shall be defined as those working on the premises, including the proprietor, during the largest shift at peak season.

(Ord. 283 § 6, 2001: Ord. 273 § 5.060, 1998; Ord. No. 392, § 15, 2-14-2017)

Commercial and industrial buildings hereafter erected or enlarged and having a floor area of three thousand (3,000) square feet or greater shall provide and maintain a permanent off-street loading facility subject to the following requirements.

A.

The loading space shall be a minimum of twenty-five (25) feet in length, ten (10) feet in width, and fourteen (14) feet in height.

B.

The space must be accessible from an alley or street which abuts the lot.

C.

Buildings greater than ten thousand (10,000) square feet shall provide two loading spaces. One additional space shall be required for each thirty-six thousand (36,000) square feet by which the building exceeds ten thousand (10,000) square feet.

D.

Off-street parking areas used to fulfill this requirement shall not be used for loading or unloading operations.

(Ord. 273 § 5.070, 1998)

A temporary sale by a transient business is permitted subject to the following provisions.

A.

The transient business shall be conducted in either the CC or CH zone.

B.

The sale shall be limited to a maximum of thirty (30) days. After this time a permit extension of thirty (30) days may be requested and will be either approved or denied by the zoning official.

C.

No more than two signs may be permitted on the premises where the business is situated. Each sign shall not exceed eight square feet in area. Business or advertising signs for the transient business shall not be permitted off the premises where the business is situated.

D.

The business shall be maintained so that the premises are free of litter and debris at all stages of the operation.

E.

Prior to opening of the business, the person operating the business shall obtain approval of the location and proposal for the conduct of the business from the zoning official.

(Ord. 273 § 5.080, 1998)

Exterior lighting for uses in commercial and industrial zones shall be located in such a manner so as not to face directly, shine or reflect glare onto an adjacent street or property.

(Ord. 273 § 5.090, 1998)

The following regulations shall apply to manufactured homes and mobile homes situated outside of manufactured dwelling parks.

A.

Mobile homes shall not be located outside of manufactured dwelling parks except as specified in subsection H of Section 17.44.020 or subsection B of this section.

B.

Manufactured Homes Outside of Manufactured Dwelling Parks. Manufactured homes are permitted outright in the R-1, R-2, CC, and CH zones, subject to the following conditions:

1.

The manufactured home shall comply with the lot size and width, height, design standards and yard requirements which apply to single-family dwellings for the zone in which it is located.

2.

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

3.

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

4.

Residential Building Materials. The manufactured home shall have exterior siding and roofing which in color, material and appearance are similar to the exterior siding and roofing material used on nearby residences; horizontal wood, wood-appearance siding and composite roofing are permitted.

5.

Garages. The garage or carport shall be constructed of materials similar to those used on the manufactured home and shall be constructed prior to occupancy. The siding on the garage or carport shall match the exterior appearance and color of the siding on the manufactured home.

6.

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

7.

Placement. The manufactured home shall be placed on an excavated and back-filled foundation and enclosed at the perimeter such that the manufactured home is located not more than 12 inches above grade and complies with the minimum set-up standards of the adopted state administrative rules for manufactured dwellings, OAR Chapter 918, Division 500 and the Oregon Manufactured Dwelling Installation Specialty Code. Where the building site has a sloped grade, no more than 12 inches of the enclosing material shall be exposed on the uphill side of the home.

8.

Foundation Skirt. The foundation area of the manufactured home shall be fully skirted with concrete, horizontal wood or vinyl siding, or other materials, pursuant to applicable building codes.

9.

Gutters and Downspouts. The manufactured home shall be provided with gutters and down spouts to direct storm water away from the placement site.

10.

Decks. A front and rear landing or deck composed of wood, wood substitute or equivalent, or concrete shall be placed at the front and rear entries to the manufactured home. Each landing or deck shall have dimensions of at least four feet by eight feet.

11.

The maximum height and special setbacks for any carport, garage or accessory building shall comply with the requirements of Section 17.44.010.

12.

Prior to the issuance of a placement permit for a manufactured home on a lot, the owner shall certify that the manufactured home and its location conform to this title and to all other applicable state and local laws or administrative rules. An application for a building permit shall be accompanied by:

a.

A plot plan, drawn to scale, showing the proposed location of the manufactured home and accessory structures on the lot and including the exterior dimensions of the manufactured home and setbacks from all property lines;

b.

Information indicating the exterior length and width dimensions of the manufactured home; the materials, design and necessary dimensions of the roof, foundation support system, and perimeter crawl space enclosure; and the type of materials and appearance of the siding;

c.

An agreement signed by the owner of the manufactured home, or the owner's authorized agent, pledging full compliance with this title;

d.

An application for a building permit for a garage or carport.

13.

The manufactured home shall not be occupied until: (1) the zoning official certifies that all provisions of this title and other city ordinances have been met; and (2) the building official certifies that the Oregon Manufactured Dwelling Installation Specialty Code and all other state manufactured housing rules, building and related code requirements have been met.

14.

If the city finds the structure has been occupied without full compliance with the city's zoning and building regulations, the city may proceed with enforcement actions authorized in this code and/or as an alternative remedy terminate utility service to the home until such time as the owner fully complies with the city's code requirements. Utility service shall not be terminated unless the city has provided the owner with seven days' written notice by regular mail and by posting the property 72 hours prior to the shut-off of water service.

15.

Building Orientation and Architectural Design Standards.

a.

In an R-1 zone, the architectural front of the manufactured home must face the street.

b.

In an R-2 zone, the architectural front of the house may have the side of the manufactured home face the street.

c.

The manufactured home must comply with the design standards in Section 17.12.080(C) or Section 17.16.080(C).

(Ord. 320 § 6, 2004: Ord. 273 § 5.100, 1998)

(Ord. No. 358, § 1, 7-13-2010; Ord. No. 405, § 1, 4-13-2021)

A.

Plan and Application. The owner or owners of any tract of land comprising an area of not less than one acre may submit to the planning commission a plan for the use and development of all of the tract for residential purposes, or for the repair and alteration of any existing housing development of an area comprising one acre or more. The plans shall be accompanied by an application for a residential community plan which is in accordance with the provisions of Section 17.64.060 of this title. A filing fee in accordance with the provisions of Section 17.64.070 of this title shall be submitted with the application.

B.

Hearing and Action on a Residential Community Plan. Before the planning commission may act on an application for a residential community plan, it shall hold a public hearing thereon in accordance with the provisions of Sections 17.64.080 and 17.64.090 of this title. After the public hearing is closed, the planning commission shall either recommend approval, denial, or approval with conditions or modifications to the city council. After the planning commission recommendation has been received, the city council shall hold a public hearing thereon and shall make a final decision on the application. The city council shall follow the same notice and procedural standards for the hearing as required by the planning commission. Both the planning commission and city council shall base their decision on the following criteria:

1.

The property adjacent to the area of the proposed community development will not be adversely affected by the proposal;

2.

The property is adequately buffered or screened from abutting residential property;

3.

The buildings shall be used only for single-family, two-family and multiple-family dwellings, and necessary accessory uses to the proposed development, such as recreation facilities, administrative offices, community halls, and chapels;

4.

Sufficient area is reserved for open space or outdoor recreation;

5.

There is adequate on-site parking available at a location which will not interfere with the residential use of abutting or nearby property;

6.

Vehicular access is designed to minimize traffic congestion.

C.

Approval. If the planning commission approves the community development plan, building permits and certificates of occupancy may be issued even though the use of the land, the locations of the buildings to be erected in the area, and the yards do not conform in all respects to the regulations of the zone in which the community development is located.

D.

Conditions. The planning commission, in granting approval, reserves the right to place additional conditions that are consistent with the intent and purpose of this title. These may include, but are not limited to, buffers or screening, additional parking, number of access points, street dimensions or landscaping.

E.

Standards. Properties which are to be developed under the provisions for a residential community plan shall comply with the standards for residential site-plan review as outlined in Sections 17.16.070(C) of this title.

F.

Time Limit on an Approved Residential Community Plan. Authorization of a residential community plan shall be void one year after the date of approval of the plan unless the necessary building permits have been issued and substantial construction pursuant thereto has taken place. However, upon written request, the planning commission has the authority to grant an additional period, not to exceed one year, to complete the project.

(Ord. 273 § 5.110, 1998)

Existing or proposed lots that adjoin the North Santiam River shall comply with the following requirements.

A.

Land Use Changes. Any land use change involving a current lot or proposed lot that adjoins the North Santiam River shall be submitted to the planning commission for review.

1.

Land use changes include, but are not limited to:

a.

New building construction, enlargement of a building on the riverfront side of the building; or

b.

The removal of trees or other vegetation in the area between the stream channel and the topographical break at the top of the stream bank; or

c.

The creation of a lot or parcel by the subdividing or partitioning of land; or

d.

Landscaping that requires the addition or removal of fifty (50) cubic yards of soil within seventy-five (75) feet above the topographical break at the top of the stream bank as outlined in subsection (D) of this section; or

e.

Water dependent uses such as boat docks or boat launching and/or mooring facilities.

2.

Exceptions. The following land use changes are exempt from planning commission review:

a.

Removal of a tree that could become a threat to life or structure if done in such a way that stream bank stability is maintained;

b.

Removal of tansy ragwort, Canadian thistle, and other noxious weeds if followed by replanting of the area with riparian species appropriate to Western Oregon;

c.

Construction of an accessory structure such as a pump house or storage shed, not to exceed one hundred twenty (120) square feet in area and ten (10) feet in height.

B.

Review Criteria. The planning commission shall use the following criteria in approval or denial of an application:

1.

The removal of any existing trees or other forms of existing natural vegetation such as shrubs, brush, plants or grasses between the stream channel and the topographical break at the top of the stream bank shall not be harmful to existing fish and wildlife habitat, including such items as stream bank erosion/stabilization and water quality degradation. When the removal of trees is considered to be commercial harvesting, the Oregon Department of Forestry shall have jurisdiction to manage the removal of trees;

2.

A use or activity expressed in the proposed request shall not have a potentially damaging impact on existing fish or wildlife habitat along the river.

C.

Application. An application for a land use change involving the North Santiam River shall be submitted to the planning commission in accordance with the provisions of Section 17.64.060. A filing fee in accordance with the provisions of Section 17.64.070 shall be submitted with the application.

D.

Hearing and Action on Land Use Change Application Involving the North Santiam River. Before the planning commission may act on an application for a land use change involving the North Santiam River, it shall hold a public hearing in accordance with the provisions of Sections 17.64.080 and 17.64.090. Hearing notice shall also be provided to the Oregon Department of Fish and Wildlife and to the Oregon Department of Forestry. After the public hearing is closed, the planning commission shall either approve or deny the application. In approving the application, the planning commission may impose conditions as outlined in subsection (E) of this section. The placement of fill or the removal of soil below the top of the bank may also require state or federal permits.

E.

Time Limit on Approved Land Use Change Involving the North Santiam River.

1.

Authorization of land use change involving the North Santiam River that involves the construction or expansion of a building shall be void two years after the date of approval unless a building permit has been issued and the building permit is either still active or the building is complete and fully approved by the permit review authority. However, upon written request, the planning commission has the authority to grant an additional period, not to exceed two years, to complete the project.

2.

In the case of an activity or use on the land that does not involve construction or expansion of a building, the authorization shall remain in effect for a period of five years as long as the lot or parcel remains vacant and as long as the circumstances pertaining to removal of vegetation have not changed. After the five year period, if the property remains vacant or if the use or activity is expected to continue, a new application shall be submitted for review by the city.

3.

In the case of a lot or parcel created by the subdividing or partitioning of land that has been reviewed and approved under the provisions of this section on a lot-by-lot basis, the authorization shall remain in effect for a period of five years from the date the plat for the subdivision or partition is filed as long as the lot or parcel remains vacant and as long as the circumstances pertaining to removal of vegetation have not changed. After the five-year period, if the property remains vacant, a new application shall be submitted for review by the city. If a subdivision or partition has been filed during the five-year period commencing prior to the date this title goes into effect, the five-year period shall begin the date this title goes into effect.

F.

Conditions and Basis for Denial of Application. If the planning commission finds that damaging effects set forth in this section could occur from the proposed request, the Commission may impose conditions to any land use application approval in order to maintain, enhance and protect existing fish and wildlife habitat along the river. An application may be denied if it cannot be conditioned to mitigate its adverse impacts. Conditions that may be imposed include, but are not limited to, the following:

1.

Replanting of any existing trees or any other forms of existing natural vegetation which are removed. Replanting shall be with native vegetation using riparian species appropriate to western Oregon;

2.

Requirement of additional or special setbacks from the water's edge or at the topographical break at the top of the stream bank;

3.

Installation of fencing.

G.

Section 17.44.120 does not apply to property owned by the City of Mill City or another public agency. Publicly-owned property adjacent to the North Santiam River and its tributaries shall comply with Chapter 17.80 "Riparian Corridors."

(Ord. 313 § 1, 2003: Ord. 273 § 5.120, 1998)

(Ord. No. 404, § 2, 4-13-2021)

A.

Circumstances Under Which Home Occupation is Permitted Outright. A home occupation which meets the following standards shall be permitted outright and is not subject to the review by the zoning official.

1.

The home occupation shall be fully contained and conducted within a completely enclosed building and shall have no impact on the use or enjoyment of surrounding or nearby properties. There shall be no exterior storage of materials related to the home occupation on the property;

2.

The home occupation shall not result in the need for additional on-street or off-street parking to accommodate the use beyond the requirement for residential use on the property, except for parking on an occasional need;

3.

There shall be no structural accommodation to handle the home occupation;

4.

There shall be no employees except for residents of the dwelling where the home occupation is situated;

5.

There shall be no exterior visual evidence of the home occupation except for a sign attached to the building which complies with the sign requirements of subsection (B)(3)(i) of this section;

6.

The home occupation shall be limited to either a pre-existing garage or accessory structure, or to not more than twenty-five (25) percent of the floor area of the main floor of the dwelling. If located within an accessory structure or garage, the home occupation shall not utilize over five hundred (500) square feet of floor area;

7.

There shall be no noise level related to the home occupation which extends beyond the exterior boundaries of the property where the home occupation is located;

8.

No materials or mechanical equipment shall be used which are detrimental to the residential use of the dwelling or any adjacent or nearby dwellings because of vibration, noise, dust, smoke, odor, interference with radio or television reception, or other factors.

B.

Special Home Occupation Review Procedure. If a home occupation does not meet the standards specified in subsection A of this section, either at the time it is to be established, or upon subsequent investigation of the operation of an existing home occupation, the zoning official shall review and take action on the home occupation under the special home occupation review procedures as outlined in this subsection.

1.

Application. An application for a special home occupation review shall be submitted to the zoning official in accordance with provisions of Section 17.64.060 of this title. A filing fee in accordance with the provisions of Section 17.64.070 of this title shall be submitted with the application;

2.

Hearing and Action on Special Home Occupation Review. Before the zoning official may act on an application for a special home occupation review, notice of the zoning official's pending action shall be mailed to owners of abutting property in accordance with the provisions of Section 17.64.080 of this title;

3.

Standards for Review of a Special Home Occupation Review. The decision to approve or deny a special home occupation review shall be based on the following standards:

a.

The home occupation shall be secondary to the main use of the dwelling as a residence;

b.

All aspects of the home occupation shall be fully contained and conducted within a completely enclosed building. Materials associated with the home occupation shall not be stored outside of an enclosed building;

c.

The home occupation shall be limited to either a pre-existing garage or accessory structure, or not over one-third of the floor area of the main floor of a dwelling. If located within an accessory structure or garage, the home occupation shall not utilize over seven hundred fifty (750) square feet of floor area;

d.

Any structural alteration to accommodate the home occupation shall not detract from the outward appearance of the property as a residential use;

e.

No person other than members of the immediate family residing within the dwelling where the home occupation is situated and one additional employee shall be engaged in the home occupation;

f.

No window display and no sample commodities displayed outside the dwelling shall be allowed;

g.

No materials or mechanical equipment shall be used which are detrimental to the residential use of the dwelling or any adjacent or nearby dwellings because of vibration, noise, dust, smoke, odor, interference with radio or television reception, or other factors;

h.

No parking of customer vehicles in a manner or frequency so as to cause disturbance of inconvenience to nearby residents or so as to necessitate the provisions of additional off-street parking shall be allowed. A maximum of two vehicles in addition to vehicles belonging to the residents shall be permitted at one time;

i.

Signs for advertising the home occupation shall be prohibited. Signs to identify the home occupation shall be limited to one non-illuminated sign, attached to the exterior of the building, which identifies only the name and type of business or profession. Signs shall be no more than three square feet in size;

4.

Conditions of Approval for a Special Home Occupation. In approving a special home occupation review request, the zoning official may impose in addition to those standards and requirements expressly specified by this title, additional conditions which the zoning official considers necessary to protect the adjacent properties and the surrounding neighborhood. These conditions may include, but are not limited to, the following:

a.

Controlling the location and number of vehicle access points and the location and number of off-street parking spaces;

b.

Requiring fencing, screening, or other facilities to protect adjacent or nearby property;

c.

Limiting the manner in which the use is conducted including restricting the hours of operation and imposing restraints to minimize environmental effects such as noise, vibration, air pollution, glare, and odor;

d.

Setting a time limit for subsequent review of the home occupation;

e.

Other conditions necessary to protect the adjacent properties and the surrounding area;

5.

Notice of the Zoning Official Decision. After the zoning official has made a decision, notice of that decision and any conditions of approval shall be forwarded to the applicant and to all parties receiving notice of the pending special home occupation review decision. The notice of decision shall give all parties receiving notice the right to appeal the decision to the planning commission. If a decision is appealed to the planning commission, that body shall hold a public hearing on the appeal. Those standards and conditions of approval that apply to the zoning official decision shall also apply to the planning commission decision;

6.

Time Limit on Approval Special Home Occupation Review Application. Authorization of a special home occupation review shall be void one year after the date of approval if the home occupation has not been established. However, upon written request, the zoning official has the authority to grant an additional period, not to exceed one year, to begin the home occupation.

C.

Application of Home Occupation Standards to Prior Approved Home Occupations. Effective January 1, 2002, all home occupations approved under the home occupation provisions of this title in effect at the date of approval, shall meet the standards in effect on January 1, 2002.

(Ord. 280 § 2, 2000: Ord. 273 § 5.130, 1998)