Residential (R) Districts (R-1, R-2, R-3, and R-5). Four residential zoning districts are intended to accommodate a mix of residential uses at planned densities, consistent with the housing needs of the City; promote the orderly development and improvement of neighborhoods; facilitate compatibility between dissimilar land uses; allow residences in proximity, and with direct connections, to schools, parks, and community services; and to ensure efficient use of land and public facilities. The following summarizes the purpose of each residential district. See also Chapter 17-2.2 Zoning District Regulations and Chapter 17-2.3 Special Use Standards.

Commercial Districts (C-1 and C-2). Commercial zoning districts accommodate a mix of commercial services, retail, and civic uses, with existing residences permitted to continue, and some new residential uses permitted. Two commercial zoning districts, one for the central commercial/traditional downtown area (C-1, Central Commercial) and one for the general commercial (C-2, General Commercial) area, provide for the full range of commercial land uses within the City. The zoning district regulations are intended to promote the orderly development and improvement of walkable commercial areas; facilitate compatibility between dissimilar land uses; provide employment opportunities in proximity, and with direct connections, to housing; and to ensure efficient use of land and public facilities.

Industrial Districts (M-1 and M-2). Industrial zoning districts accommodate a mix of intensive and less intensive uses engaged in manufacturing, processing, warehousing, distribution, and similar activities. Two industrial zoning districts, one for Light Industry (M-1, Light Industrial) and one for Heavy Industry (M-2, Heavy Industrial) provide for the full range of planned industrial land uses within the City. Both districts are intended to provide for efficient use of land and public services, provide a high quality environment for business, offer a range of parcel sizes and locations for industrial site selection, avoid encroachment by incompatible uses, provide transportation options for employees and customers, and facilitate compatibility between dissimilar uses. The Heavy Industrial district additionally provides suitable locations for intensive industrial uses, such as those with processing, manufacturing, assembly, packaging, distribution, or other activities.

Public Facilities, Semi-Public District (PSP). See also Chapter 17-2.2 Zoning District Regulations and Chapter 17-2.3 Special Use Standards. The Public Facilities, Semi-Public (PSP) district provides for public and semi-public uses, including, but not limited to, schools, government offices, fire stations, police stations, libraries, public works yards, reservoirs, and other public facilities, consistent with adopted public facility master plans.

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

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

Jurisdiction Boundary. Boundaries indicated as approximately following a City or County boundary, or the Urban Growth Boundary, shall be construed as following said boundary.

Natural Feature. Boundaries indicated as approximately following a river, stream, topographic contour, or similar feature not corresponding to any feature listed in subsections A through C, shall be construed as following such feature.

Uses Allowed in Base Zones. Allowed uses include those that are permitted, those that are permitted subject to special use standards, and those that are allowed subject to approval of a conditional use permit, as identified by Table 17-2.2.030. Allowed uses fall into four general categories: Residential, Public and Institutional, Commercial, and Other. If Table 17-2.2.030 does not list a specific use, and Division V Definitions does not identify the use or include it as an example of an allowed use, the City may find that use is allowed, or is not allowed, by following the procedures of Section 17-1.5.010 Code Interpretations. Uses not listed in Table 17-2.2.030 and not found to be similar to an allowed use are prohibited.

Permitted Uses and Uses Permitted Subject to Special Use Standards. Uses listed as "Permitted (P)" are allowed provided they conform to Section 17-2.2.040 Lot and Development Standards. Uses listed as "Permitted Subject to Special Use Standards (S)" are allowed, provided they conform to the Chapter 17-2.3 Special Use Standards and Section 17-2.2.040 Lot and Development Standards. Uses listed as "Not Allowed (N)" are prohibited. Uses not listed but similar to those allowed may be permitted pursuant to Section 17-1.5.010.

Conditional Uses. Uses listed as "Conditional Use Permit Required (CU)" are allowed subject to the requirements of Chapter 17-4.4 Conditional Use Permits.

Uses Regulated by Overlay Zones. Notwithstanding the provisions of Chapter 17-2.2, additional standards may apply to uses within overlay zones. In addition, an overlay zone may allow exceptions to some standards of the underlying zone. See Chapter 17-2.4.

Master Planned Developments. Uses that are not otherwise allowed by the underlying zone may be permitted through the Master Planned Development procedure under Chapter 17-4.8.

Accessory Uses. Uses identified as "Permitted (P)" are permitted as primary uses and as accessory uses. For information on other uses that are customarily allowed as accessory, please refer to the description of the Use Categories in Division V Definitions.

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

Outdoor Uses and Unenclosed Activities. Notwithstanding the provisions of Table 17-2.2.030, any use, except for an allowed accessory use, that occurs primarily outside (i.e., not within a permitted building) requires a Conditional Use Permit under Chapter 17-4.4. Examples of outdoor uses and unenclosed activities that may or may not be considered accessory uses, depending on their location and size relative to other uses on the same property, include, but are not limited to, automotive services, vehicle and equipment repair, fueling, drive-in restaurants, drive-up windows and similar drive-through facilities, automatic teller machines, kiosks, outdoor assembly and theaters, outdoor markets, and similar uses.

Temporary Uses. Temporary uses occur for not longer than 45 days, in any calendar year. Uses may be permitted on a temporary basis, subject to review and approval under Chapter 17-4.2 Site Design Review. Special Use Standards listed in Chapter 17.2.3 may also apply to temporary uses.

Disclaimer. Property owners are responsible for verifying whether a specific use is allowed on a particular site. Submittal of a Zoning Checklist for review and approval by the Planning Official shall be required in order to determine whether a use is allowed on a given site, and whether further land use review is required.

Development Standards. Section 17-2.2.040 provides the general lot and development standards for each of the City's base zoning districts. The standards of Section 17-2.2.040 are organized into two tables: Table 17-2.2.040.D applies to residential zones, and Table 17-2.2.040.E applies to non-residential zones.

Design Standards. City standards for Access, Circulation, Site and Building Design, Parking, Landscaping, Fences and Screening, and Public Improvements, among others, are located in Division III. Notwithstanding the provisions of Section 17-2.2.040 and Division III, different standards may apply in specific locations, such as at street intersections, within overlay zones, adjacent to natural features, and other areas as may be regulated by this Code or subject to state or federal requirements. For requirements applicable to the City's overlay zones, please refer to Chapter 17-2.4.

Disclaimer. Property owners are responsible for verifying whether a proposed development meets the applicable standards of this Code. Submittal of a Zoning Checklist for review and approval by the Planning Official may be required in order to determine whether use is allowed on a given site, and whether further land use review is required.

Lot and Development Standards for Residential Districts. The development standards in Table 17-2.2.040.D apply to all new development as of November 10, 2017 in residential zones.

Lot and Development Standards for Non-Residential Districts. The development standards in Table 17-2.2.040.E apply to all new development as of November 10, 2017 in the City's non-residential zones, as follows.

Encroachments.

Reverse Frontage Lots. Buildings on reverse-frontage lots (through lots) are required to meet the build-to line standard on only one street. Reverse frontage lots are subject to the fence height and setback requirements of Sections 17-2.2.040 and 17-2.2.050, and the design standards (e.g., materials and landscape buffer requirements) of Section 17-3.4.040.

Flag Lots. Where a flag lot is proposed, the Planning Official shall designate the front yard of a flag lot to ensure compatibility with adjacent land uses, based on existing development patterns and location of adjacent driveways, utilities, and natural features, as either:

Residential care homes and facilities, senior housing, accessory dwellings, and subdivisions where the average slope exceeds 15 percent are exempt from the minimum density standard.

The density standards may be averaged over more than one development phase (i.e., as in a master planned development). Duplex lots used to comply with the density standard shall be so designated on the final subdivision plat. Density standards shall be listed in conditions of approval to ensure proposed density is met.

Partitions and construction of single-family homes on lots exceeding 20,000 square feet shall be located and constructed so that future division of such lots can occur and planned public facilities can be extended based on the minimum lot size and other applicable City standards.

Minimum and maximum housing densities are calculated by multiplying the total net buildable area by the applicable density standard. Net buildable area is defined as the area of a site for residential or non-residential development, excluding street rights-of-way and other publicly dedicated improvements such as parks, open space, and stormwater detention and retention facilities. "Net buildable area" is expressed either in acres or square feet.

Areas reserved for flag lot access (flag poles) are not counted for the purpose of calculating density.

Building Height Measurement. Building height is measured pursuant to the State of Oregon Structural Specialty Code.

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

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

Applicability. The following standards apply where manufacturing uses are allowed in commercial zones and where retail uses are allowed in industrial zones. The standards are applied through Site Design Review or Conditional Use Permit review, as applicable.

Standards.

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

Applicability. The following standards apply where a duplex is proposed adjacent to a single-family dwelling where the duplex lot and single-family lot share a common property line. The standards are applied through a Type I Zoning Checklist review procedure, prior to submittal of building plans to the Building Official.

Standards. Where new duplex construction is proposed the duplex shall meet all of the following standards:

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

Applicability. The following standards apply to new attached single-family dwellings. The standards are applied through Zoning Checklist review, pursuant to Section 17-4.1.020, prior to issuance of building permits.

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

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

Applicability. This section applies to new multifamily developments.

Standards.

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

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

Standards. Residential uses in the C-1, C-2 and M-1, M-2 zones shall conform to all of the following standards:

Licensing and State Requirements. Residential care homes and residential care facilities shall be licensed by the State of Oregon and comply with state requirements, pursuant to ORS 197.660 through 197.670.

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

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

Access. The access and circulation standards of Chapter 17-3.3 shall be met.

Parking. The parking standards of Chapter 17-3.5 shall be met.

Landscaping. Residential care facilities are required to comply with the landscaping and screening standards of Chapter 17-3.4. The City may require the installation of a landscape hedge or fence on the property line separating a residential care facility from an abutting lot containing a single-family dwelling for the purposes of visual screening and privacy between uses. The landscaping standards do not apply to building permits for individual residential care homes.

Building Design Standards. Residential care facilities are required to comply with the building orientation and design standards for multifamily housing, pursuant to Chapter 17-3.2; except where a state requirement conflicts with a City standard, the state requirement, not the City standard, shall apply. The building design standards do not apply to residential care homes.

Review Procedure. Residential care homes are subject to review and approval through a Type I Zoning Checklist review procedure under Section 17-4.1.020 prior to issuance of building permits. Residential care facilities are subject to a Type III (public hearing) review and approval under Section 17-4.1.040.

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

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

Home Occupation in Residential Zones. Home occupations of less than 1,000 square feet of lot area are permitted, provided the owner completes a Zoning Checklist and obtains a City of Molalla business license. Home occupations greater than 1,000 square feet of lot area are allowed, subject to approval of a Conditional Use Permit. For the purpose of this section, "lot area" includes building floor area, areas within accessory structures, and all other portions of a lot.

Home Occupation Standards. Home occupations shall conform to all of the standards below, except the City may approve adjustments to the standards through the Conditional Use Permit approval, provided all uses and structures on the subject property conform to applicable City regulations, including, but not limited to, building codes and nuisance regulations.

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

Garages and Carports. If the manufactured home has a garage or carport, the garage or carport shall be constructed of materials like those used on the home.

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.

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 16 inches above grade, and complies with the minimum set-up standards of the adopted state Administrative Rules for Manufactured Dwellings, OAR Chapter 918. Where the building site has a sloped grade, no more than 16 inches of the enclosing material shall be exposed on the uphill side of the home.

Floodplain. Manufactured homes shall comply following standards:

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.

Prohibited. The manufactured home shall not be located in a designated historic district, except where the historic district regulations specifically provide for manufactured homes.

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

Development Standards. Development of manufactured dwelling parks, including placement of manufactured dwellings within a park, shall comply with applicable building codes and state requirements for manufactured dwelling parks in ORS Chapter 446.

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

Seasonal and Special Events. Through a Type II procedure, pursuant to Section 17-4.1.030, the City shall approve, approve with conditions, or deny a temporary use application for a Seasonal or Special Event, based on the following criteria:

Temporary Sales Office or Model Home. Through a Type II procedure, pursuant to Section 17-4.1.030, the City shall approve, approve with conditions, or deny a temporary use application for a Temporary Sales Office or Model Home, based on the following criteria:

Temporary Buildings, Trailers, Kiosks, and Other Structures. Through a Type II procedure, pursuant to Section 17-4.1.030, the City shall approve, approve with conditions, or deny an application for a placement and use of a temporary building, trailer, kiosk, or other structure, based on following criteria:

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

Floor Area. An accessory dwelling unit shall not exceed 800 square feet of floor area, or 40% of the primary dwelling unit's floor area, whichever is smaller. The unit may be a detached cottage, a unit attached to a dwelling, or in a portion of an existing dwelling. The floor area of any garage associated with the primary dwelling is not included in the calculation of maximum floor area.

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

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

Accessory Use. The use must be accessory to a permitted residential use.

Maximum Size. A maximum of six bedrooms for guests, and a maximum of 12 guests are permitted per night.

Length of Stay. The maximum length of stay is 28 days per guest; any stay longer is classified as a hotel or commercial lodging use.

Employees. The inn shall have not more than two non-resident employees on-site at any one time. There is no limit on residential employees.

Food Service. Food service shall be provided only to overnight guests of the business, except where a restaurant use is also an allowed use.

Screening and Buffering. The City may require a landscape hedge or fence be installed on the property line separating a detached accessory dwelling from an abutting single-family dwelling for the purposes of visual screening and privacy between uses. Screening and buffering shall conform to the standards of Chapter 17-3.4.

Development Standards. The following development standards apply to telecommunication facilities:

Informing the City. All service providers with facilities within the City shall be required to report in writing to the Planning Official any changes in the status of their operation.

Exemptions. The following are exempt from the requirements of this chapter:

Removal of Discontinued Service. Any telecommunications facility that has not provided service for six months may, at the Planning Official's discretion, be deemed a nuisance and shall be subject to removal under the nuisance abatement provisions of this Code.

Fees. Notwithstanding any other provisions of this Code, the Planning Official may require, as part of the application fees for land use permits, an amount sufficient to recover all of the City's costs in retaining consultants to verify statements made in conjunction with the permit application, to the extent that verification requires telecommunication experts.

Primary Use. The primary use on-site is winery, brewery, or distillery.

Floor Area for Retail Sales, Eating, and Drinking. The floor area devoted to retail sales, eating and drinking, and similar customer uses is at least 20 percent of the total floor area.

Floor Area for Production and Storage. The floor area devoted to production, storage, and related uses does not exceed 5,000 square feet.

Applicability. The following standards apply where medical and recreational marijuana dispensaries are allowed in commercial zones. In addition to the standards below; Section 17-4.1 General Review Procedures apply.

Standards.

Applicability. The following standards apply where medical marijuana producers, marijuana producers, marijuana processors and marijuana wholesalers are allowed in industrial zones. In addition to the standards below; Section 17-4.1 General Review Procedures apply.

Standards.

Applicability. No mobile food unit may operate within the city limits of Molalla except as permitted in this chapter, or as authorized by an event permit issued by the City of Molalla.

General Requirements. The following standards apply to all mobile food units operating within the City of Molalla, except as authorized by an event permit issued by the City of Molalla.

Design and Operation Standards.

Process.

Fees. Fees will be set by resolution of the City Council from time to time.

Enforcement and Penalties. Violations of this section are subject to the enforcement and penalty provisions of MMC Title 17.

Severability. In the event any provisions of this section shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision.

Definition. An automobile fueling station is a retail commercial business that primarily provides fueling services for motor vehicles.

Standards.

Purpose. The purpose of the Support Commercial (SC) Overlay District allows support commercial uses in designated transitional industrial areas. This zone is applied over the base M-2 Industrial District in those areas where small parcels are unlikely to be used for heavy industrial purposes.

Use and Dimensional Standards. The list of permitted and conditional uses, as well as the lot size and dimensional standards of the M-2 District shall apply to land within the SC Overlay District. This zone should allow for support type commercial uses which serve the industrial zone.

Minimum Lot Sizes. No lot shall be reduced to less than one-half acre in size.

Purpose. The purpose of the Public/Semi-Public District is to accommodate the sighting of public or semi-public facilities. This chapter ensures that these facilities are properly located and that they are compatible with surrounding neighborhoods.

Principle Uses Permitted Outright.

Accessory Uses Permitted Outright.

Conditional Uses Permitted.

Purpose. The Water Resources (WR) Overlay District is intended to protect and enhance significant wetlands, stream corridors and floodplains identified on the Molalla Natural Features Inventory by:

Boundaries and Setbacks. The general location of the WR Overlay District is shown on the Molalla Comprehensive Plan Map (for areas within the UGB) and the Molalla Zoning Map (for areas within the City limits) and includes:

The Department of State Lands Notification. The Oregon Department of State Lands (DSL) shall be notified in writing of all applications to the City of Molalla for development activities, including applications for plan authorizations, development permits, or building permits, and of development proposals within the Molalla UGB, that may affect any wetlands, creeks or waterways identified in the Local Wetlands Inventory or Natural Features Inventory.

Site Plan Required. When a use or activity that requires the issuance of a building permit or approval of a land use application is proposed on a parcel within, or partially within the WR Overlay District, the property owner shall submit a scaled site plan to the City that shows the precise location of:

Modification of Boundaries. The boundaries of the WR Overlay District may be modified under the following circumstances:

Permitted Uses. The following uses are permitted within the WR Overlay District:

Development Regulations. In addition to the requirements of the underlying zone, the following restrictions and exceptions shall apply within the WR Overlay District:

Designation Procedure. The purpose of this section is to designate and preserve sites or structures in the City of Molalla that have historical significance. The Planning Commission together with the Molalla Historical Society will identify and designate sites or structures in the City, that are significant due to their historical, architectural or social character. The Planning Commission and Historical Society shall make recommendations to the City Council concerning possible historic designations. At a regularly scheduled Council meeting, the City Council shall consider the recommendations and make findings justifying its decision. Type II notice shall be given and include the following information:

Land Use Adjacent to Sites. To prevent conflicts between designated historic sites and other land uses, the following shall be considered when land use actions are proposed adjacent to such sites.