The purpose of this chapter is to establish a framework for the classification of land uses based upon common functional, product, or physical characteristics, and to provide the basis for assignment of land uses to zones and overlay zones.

(Prior Code, § 400.001; Ord. No. 31-13)

The organizational framework for the classification of uses under this chapter is described in Table 400-1.

(Prior Code, § 400.005; Ord. No. 31-13; Ord. No. 1-20, § 2(Exh. B), 2-24-2020)

Each use described within this chapter includes identified characteristics and examples, and may also include exceptions. The purpose of characteristics, examples, and exceptions is as follows:

(a)

Characteristics. The "characteristics" define and describe the necessary qualities and attributes, essential features, nature of operation, and impacts generally associated with a specific use.

(b)

Examples. The "examples" provide a list of activities that fall within a specific use. The list of examples is not exhaustive and is intended to illustrate typical activities that possess the characteristics of the use.

(c)

Exceptions. The "exceptions" identify specific activities that possess some of the characteristics of one use but more appropriately fall within another use. The list of exceptions is exhaustive and is not intended to illustrate typical activities.

(Prior Code, § 400.010; Ord. No. 31-13)

(a)

Use. The principal activity, or principal activities, that occur upon a property establish the use. A principal activity falls within a specific use when the principal activity possesses the characteristics of the use, and the broader use category the use falls within.

(b)

Accessory uses. Accessory activities that are clearly incidental, subordinate to, dependent upon, and conducted in support of one or more principal activities on a property are accessory uses. Accessory uses must be located on the same lot, and must be operated under the same ownership, as the principle activity. To determine whether an activity is clearly incidental, subordinate to, dependent upon, and conducted in support of another activity, the following factors shall be considered:

(1)

The location and arrangement of the activity on the site, and/or its arrangement within a building, in comparison to other activities on the property;

(2)

The relative amount of site or floor space and equipment devoted to the activity in comparison to other activities on the site and/or in the building;

(3)

The relative amounts of sales from the activity in comparison to other activities on the property;

(4)

The relative number of employees for the activity in comparison to other activities on the property;

(5)

Whether the activity would likely be found independent of the other activities on the property;

(6)

Whether the activity aids or contributes to other activities on the property or carries on the function of other activities on the property;

(7)

The relative number of vehicle trips generated by the activity in comparison to other activities on the property;

(8)

Whether the activity will have its own signage;

(9)

How the activity advertises itself in comparison to other activities on the property; and

(10)

The hours of operation of the activity in comparison to other activities on the property.

(c)

Application of regulations. When there are multiple uses on a property, each use must comply with the regulations that are specific to that use. Unless otherwise provided under the UDC, accessory uses are considered part of the use and are subject to the same regulations as the use.

(d)

Activities within public right-of-way. Unless otherwise provided in this chapter, activities allowed within the public right-of-way are not considered a "use" for purposes of classification under this chapter.

(Prior Code, § 400.015; Ord. No. 31-13; Ord. No. 13-21, § 1(Exh. A), 2-14-2022)

(a)

Purpose. The purpose of a similar use determination is to provide a formal interpretation process to classify an activity as falling within a particular use when that activity cannot otherwise be readily classified as falling within a particular use set forth in this chapter, or when that activity possesses characteristics or two or more uses.

(b)

Procedure. In-lieu of the procedures set forth in SRC chapter 300, similar use determinations shall follow the procedures set forth in this section.

(c)

Review Authority. The Planning Administrator is authorized to issue similar use determinations.

(d)

Submittal requirements. Requests for similar use determinations shall be submitted on a form provided by the Planning Administrator and shall be accompanied by the following:

(1)

A written statement:

(A)

Identifying the proposed activity for which the similar use determination is being requested;

(B)

Describing the nature and characteristics of the proposed activity; and

(C)

Identifying the use under this chapter which the applicant feels is most similar in function and characteristics to the activity proposed;

(2)

Any additional supporting information the applicant deems necessary to provide evidence in support of the activity falling within a particular use;

(3)

For similar use determinations specific to a particular property that is subject to an active and duly incorporated Homeowner's Association (HOA) registered with the Oregon Secretary of State which includes an identified registered agent, the HOA name and mailing address for the registered agent; and

(4)

Payment of the applicable application fee pursuant to SRC 110.090.

(e)

Decision. Subsequent to the application being deemed complete, the Planning Administrator shall review the request and make a determination classifying the proposed activity within the use set forth in this chapter that the proposed activity is most similar to. The determination shall:

(1)

Be based on the facts contained within the record and a comparison of the functional characteristics of the proposed activity to the relevant functional characteristics, examples, and exceptions associated with the uses set forth in this chapter; and

(2)

Be in the form of a written order containing findings stating the facts relied upon in rendering the determination and explaining the justification for the decision.

(f)

Notice of decision. Notice of the decision for a similar use determination shall be mailed. An affidavit of mailing shall be prepared and made part of the file.

(1)

The notice of decision shall be mailed to:

(A)

The applicant(s) and/or authorized representative(s);

(B)

All City-recognized neighborhood associations;

(C)

Anyone who has submitted a written request to receive notification of formal interpretations; and

(D)

The following, when the similar use determination is specific to a particular property:

(i)

The owner of record of the subject property;

(ii)

The address of the subject property, based on the City's current addressing records;

(iii)

Property owners of record, as shown on the most recent property tax assessment roll, of properties located within 250 feet of the subject property;

(iv)

Addresses, based on the City's current addressing records, within 250 feet of the subject property; and

(v)

Any active and duly incorporated Homeowner's Association (HOA) involving the subject property that is registered with the Oregon Secretary of State and which includes an identified registered agent. For purposes of this subsection, the HOA shall be the HOA as identified by the applicant. Notice requirements to the HOA shall be deemed to have been met when notice is provided to the registered agent of the HOA utilizing the contact information provided by the applicant.

(2)

The notice of decision shall include:

(A)

A brief description of the application;

(B)

A brief summary of the decision;

(C)

A statement of the facts relied upon;

(D)

The date the Review Authority's decision becomes effective, unless appealed;

(E)

The date, time, and place by which an appeal must be filed, a brief statement explaining how to file an appeal, and where further information may be obtained concerning the appeal process;

(F)

A statement that only those persons with standing may appeal the decision; and

(G)

A statement that the complete case file is available for review. The notice shall state where the case file is available and the name and telephone number of the staff case manager to contact about reviewing the case file.

(g)

Appeal.

(1)

Generally. Unless appealed, the decision of the Review Authority on a similar use determination shall be the final decision of the City.

(2)

Standing to appeal. Only the applicant and anyone entitled to notice of the decision have standing to appeal the decision on a similar use determination.

(3)

Procedure. Except as otherwise provided in this section, appeals of similar use determinations shall be subject to the procedures set forth under SRC 300.1010 through SRC 300.1045.

(4)

Review Authority. The Review Authority for an appeal of a similar use determination shall be the Hearings Officer.

(5)

Public notice. Public notice for an appeal shall be provided as set forth under SRC 300.1040(b) except that posted notice is only required for an appeal of a similar use determination that is specific to a particular property.

(6)

Decision. The appeal body may endorse or refute the decision. If the appeal body refutes the decision, it shall identify which use under this chapter the proposed activity is more appropriately classified within. The decision of the appeal body shall be in the form of a written order containing findings stating the facts relied upon in rendering the determination and explaining the justification for the decision. The written order shall be mailed to:

(A)

The appellant;

(B)

The applicant(s) and/or authorized representative(s), if other than the appellant;

(C)

The owner of record of the subject property, when the similar use determination is specific to a particular property;

(D)

All City-recognized neighborhood associations;

(E)

Anyone who appeared either orally or in writing before the close of the public record on the appeal; and

(F)

Anyone who requested to receive notice of the decision.

(7)

The decision of the Review Authority on appeal shall be the final decision of the City. Appeal of the City's final decision is to the Oregon Land Use Board of Appeals.

(h)

Effect of similar use determination. Similar use determinations which have become final shall control future application and enforcement of the UDC, unless superseded by subsequent similar use determinations. When a similar use determination has been made in reference to a specific particular property, the determination shall apply generally throughout the City and not just to that property.

(i)

Record of similar use determinations. The Planning Administrator shall keep a registry of all similar use determinations. The registry shall be available to the public and shall set forth:

(1)

A description of the decision made;

(2)

The date of the decision; and

(3)

The street address or other easily understood geographic reference to the property subject to the similar use determination, when the similar use determination request is specific to a particular property.

(Ord. No. 13-21, § 1(Exh. A), 2-14-2022)

(a)

A change of use occurs when a proposed activity is in a different use than the current activity on the property. Examples of change of use through change of activity are provided in Table 400-2.

(b)

A change of use, or a change from one activity to another activity within a use, may result in the use or activity being required to comply with different development standards. Examples of different development standards changing as a result of a change of use or activity are provided in Table 400-3.

(Prior Code, § 400.020; Ord. No. 31-13; Ord. No. 7-23, § 1(Exh. A), 11-27-2023)

Within the UDC, uses are designated as follows:

(a)

Permitted use. A permitted use (P) is a use that is allowed outright in the zone, subject to all generally applicable provisions of the UDC.

(b)

Special use. A special use (S) is a use that is allowed outright in the zone, but is subject to additional special requirements, exceptions, or restrictions particular to that use under SRC chapter 700.

(c)

Conditional use. A conditional use (C) is a use that is not allowed outright in the zone, but which may be allowed through discretionary approval of a conditional use permit made pursuant to SRC chapter 240. A conditional use is subject to all generally applicable provisions of the UDC, and to any conditions imposed as part of the discretionary approval of the conditional use permit by the Review Authority.

(d)

Prohibited use. A prohibited use (N) is a use that is not allowed in the zone under any circumstances, unless the use has non-conforming status under SRC chapter 270.

(Prior Code, § 400.025; Ord. No. 31-13)

Household living consists of the residential occupancy of an owner-occupied or rented dwelling unit on a wholly or primarily non-transient, long-term basis, typically 30 days or more, by a family.

(a)

Single family.

(1)

Characteristics. Residential occupancy of a single dwelling unit on an individual lot or space by a family. Single family dwelling units can be detached, attached at the common side lot line, or built contiguous with one side lot line.

(2)

Examples. Single family detached dwelling; zero side yard dwelling; townhouse; manufactured dwelling; manufactured dwelling park; residential home, as defined under ORS 197.660; secondary dwelling.

(b)

Two family.

(1)

Characteristics. Residential occupancy of two dwelling units on an individual lot by two families.

(2)

Examples. Duplex; two family shared dwelling; two dwellings units on one lot.

(3)

Exceptions. An accessory dwelling unit on the same lot as a single-family detached dwelling unit, manufactured home, or zero side yard dwelling. An accessory dwelling unit is an accessory use to a single-family detached dwelling, manufactured home, or zero side yard dwelling.

(c)

Three family.

(1)

Characteristics. Residential occupancy of three dwelling units on an individual lot by three families.

(2)

Examples. Triplex; three dwellings units on one lot.

(d)

Four family.

(1)

Characteristics. Residential occupancy of four dwelling units on an individual lot by four families.

(2)

Examples. Quadplex; four dwellings units on one lot.

(e)

Multiple family.

(1)

Characteristics. Residential occupancy of five or more dwelling units on an individual lot by five or more families.

(2)

Examples. Apartments; court apartments; five or more dwelling units on one lot.

(Prior Code, § 400.030; Ord. No. 31-13; Ord. No. 5-17, § 22(400.030), 6-12-2017; Ord. No. 10-17, § 4, 7-10-2017; Ord. No. 1-20, § 2(Exh. B), 2-24-2020)

Group living consists of the residential occupancy of a structure on a wholly or primarily non-transient, long-term basis, typically 30 days or more, by a group of people not meeting the characteristics of household living, either because the structure does not provide self-contained dwelling units or because the structure is occupied by a group of people who do not meet the definition of family, or both. Group living facilities generally include common facilities that are shared by residents, including, but not limited to, facilities for dining, social and recreational activities, and laundry.

(a)

Room and board.

(1)

Characteristics. Room and board is characterized by group living facilities where no personal care, training, and/or treatment requiring a license from the State is provided.

(2)

Examples. Boarding houses; communes; dormitories; fraternities and sororities; monasteries and convents; single-room occupancy.

(3)

Exceptions. Lodging where tenancy is typically arranged for less than 28 days is included in lodging.

(b)

Residential care.

(1)

Characteristics. Residential care is characterized by group living facilities where any combination of personal care, training, or treatment is provided to children, the elderly, or individuals with disabilities or limits on their ability for self-care, but where medical care is not a major element.

(2)

Examples. Assisted living facilities; group foster homes for six or more individuals; homes for the deaf or blind; orphanages; residential facilities, as defined under ORS 197.660; permanent supportive housing facilities where self-contained dwelling units are not provided.

(3)

Exceptions.

(A)

Residential homes, as defined under ORS 197.660, are included in household living: single family.

(B)

Homeless shelters are included in lodging: nonprofit shelters.

(C)

Facilities for people who are under judicial detainment with 24-hour supervision and are included in public safety: detention facilities.

(D)

In-patient rehabilitation and recuperative care provided in a hospital setting is included in health services: medical centers/hospitals.

(c)

Nursing care.

(1)

Characteristics. Nursing care is characterized by group living facilities that are licensed by the state to provide nursing and rehabilitative care to individuals. Patients in these facilities require varying degrees of nursing, rehabilitative, and personal care, including, but not limited to, the administration of medications and treatments or the supervision of self-administered medications in accordance with a physician's orders.

(2)

Examples. Convalescent homes; hospice care; in-patient rehabilitation and recuperative care; nursing homes; rest homes.

(3)

Exception.

(A)

Residential facilities, as defined under ORS 197.660, are included in group living: residential care.

(B)

In-patient rehabilitation and recuperative care provided in a hospital setting is included in health services: medical centers/hospitals.

(Prior Code, § 400.035; Ord. No. 31-13; Ord. No. 5-17, § 23(400.035), 6-12-2017; Ord. No. 7-23, § 1(Exh. A), 11-27-2023)

Lodging consists of the occupancy of living or sleeping accommodations on a temporary basis.

(a)

Short-term commercial lodging.

(1)

Characteristics. Short-term commercial lodging is characterized by lodging establishments that provide overnight accommodations to guests for compensation for periods typically less than 30 days.

(2)

Examples. Hostels; hotels; inns; motels; short-term rentals.

(3)

Exceptions.

(A)

Accessory short-term rentals are considered accessory to household living.

(b)

Long-term commercial lodging.

(1)

Characteristics. Long-term commercial lodging is characterized by lodging establishments that provide living accommodations to guests for compensation for periods typically 30 days or more, but are not intended to be permanent places of abode.

(2)

Examples. Residential hotel; studio hotel.

(c)

Nonprofit shelters.

(1)

Characteristics. Nonprofit shelters are characterized by lodging establishments operated by nonprofit organizations that provide overnight accommodations and temporary shelter for the homeless and other vulnerable populations. Individual bath and cooking facilities may or may not be provided.

(2)

Examples. Homeless shelters; congregate shelters.

(3)

Exceptions.

(A)

Facilities for people who are under judicial detainment with 24-hour supervision are included in public safety: detention facilities.

(Prior Code, § 400.040; Ord. No. 31-13; Ord. No. 5-17, § 24(400.040), 6-12-2017

Retail sales and service consists of the sale, lease, or rental of products or services to the general public for personal or household use. Customers typically come to the site to obtain goods or services. Some delivery or shipping may also be included.

(a)

Eating and drinking establishments.

(1)

Characteristics. Eating and drinking establishments are characterized by the preparation and sale of food and/or non-alcoholic beverages for consumption on the premises and/or take-away/delivery service, and/or the sale of alcoholic beverages for on-site consumption.

(2)

Examples. Brew pubs; cafes; coffee shops; delicatessens; mobile food units; restaurants; drive-up or drive-through fast food restaurants; taverns and bars.

(3)

Exceptions.

(A)

Breweries, wineries, distilleries, and cider houses where on-site food and/or beverage consumption is not the primary activity are included in manufacturing: general manufacturing.

(B)

Night clubs are included in recreation, entertainment, and cultural services and facilities: commercial entertainment—indoor.

(C)

Commercial or industrial catering kitchens where food is prepared and delivered off-site are included in manufacturing: general manufacturing.

(D)

Bars and restaurants owned and operated by civic, social, or fraternal organizations for use by their members are included in recreation, entertainment, and cultural services and facilities: nonprofit membership assembly.

(b)

Retail sales.

(1)

Characteristics. Retail sales is characterized by the sale, lease, or rental of products directly to final consumers, but may include the sale, lease, or rental of products to contractors. Visits by customers are generally not scheduled. Stores are typically open to the general public.

(2)

Examples. Appliance stores; auto supply stores; bicycle shops; book stores; candy stores; catering establishments; clothing, footwear, and apparel stores; commercial art galleries; consignment shops; convenience stores; copy shops; costume or formal wear rental; department stores; drug stores; electronics stores; fruit and vegetable markets; furniture, lighting, and home furnishing stores; furniture rental; grocery stores; hardware stores; health and beauty stores; lawn and garden supply stores; liquor stores; lumber and building materials stores; meat and seafood markets; paint stores; pawn shops; pet stores and pet supply stores; retail bakeries; retail nurseries; photocopying and blueprinting; sporting goods stores; tobacco stores; video rental.

(3)

Exceptions.

(A)

Gasoline stations are included in motor vehicle, trailer, and manufactured dwelling sales and services: motor vehicle services.

(B)

Truck stops are included in motor vehicle, trailer, and manufactured dwelling sales and services: heavy vehicle and trailer service and storage.

(C)

Sales, leasing, and rental of new and used vehicles, including, but not limited to, automobiles, trucks, motorcycles, boats, and recreational vehicles, are included in motor vehicle, trailer, and manufactured dwelling sales and services: motor vehicle and manufactured dwelling and trailers sales.

(D)

Lumber yards and other building material businesses that sell only to contractors are included in wholesale sales, storage, and distribution.

(E)

Sales, rental, and leasing of heavy trucks and trailers are included in motor vehicle, trailer, and manufactured dwelling sales and services: heavy vehicle and trailer sales.

(c)

Personal services.

(1)

Characteristics. Personal services are characterized by establishments that provide non-medical services to individuals involving the intellectual or manual personal labor of the server, rather than a saleable product of the server's skill. Services may be performed on a customer's person or personal items. Services may include repair, maintenance, or cleaning of clothing and/or accessories and/or non-medical aesthetic or personal care treatments to individuals. These services typically are provided directly to consumers.

(2)

Examples. Barber shops; beauty salons; garment alteration; jewelry and watch repair; laundromats; laundry and dry cleaning establishments where customers typically bring items to the site for cleaning; photograph portrait studios; shoe repair; spas; tailors and seamstresses; tattoo/piercing parlors.

(3)

Exceptions.

(A)

Industrial laundries and dry cleaning plants where customers do not typically come to the site, and linen and diaper services where items are generally delivered to the customer off-site, are included in construction contracting, repair, maintenance, and industrial services: cleaning plants.

(B)

Repair of personal and household items other than clothing and accessories is included in construction contracting, repair, maintenance, and industrial services: general repair services.

(C)

Establishments providing day time supervision for persons of any age are included in education services: day care.

(D)

Pet grooming and other animal care services are included in farming, forestry, and animal services: animal services.

(d)

Postal services and retail financial services.

(1)

Characteristics. Postal and retail financial services are characterized by establishments that provide postal or financial services directly to clients or customers on the site. Services may also be provided remotely, without direct face-to-face customer interaction. Physical products are generally not sold on the site, except for incidental sale of supplies directly related to postal or financial services.

(2)

Examples. Banks; credit agencies engaging in lending transactions with consumers; credit unions; customer-oriented post offices; customer-oriented private mail or package delivery service locations; money transfer and check cashing.

(3)

Exceptions.

(A)

Bank headquarters and corporate offices of financial services companies where customers do not typically come to the site are included in business and professional services: office.

(B)

Postal distribution centers are included in wholesale sales, storage, and distribution: warehousing and distribution.

(C)

Pawn shops and consignment stores are included in retail sales and service: retail sales.

(Prior Code, § 400.045; Ord. No. 31-13; Ord. No. 11-14)

Business and professional services consists of establishments that generally provide professional services or produce intellectual property, rather than physical goods. While intellectual property produced may be recorded onto physical media such as paper or electronic storage, the production of the content is the primary activity, rather than the transfer of the content onto the physical media. Business and professional services uses generally do not sell, rent, lease, or provide repair or maintenance services for physical products to customers. While customers or clients may come to the site on occasion, generally by appointment, the customer or client does not need to be present on the site in order to receive services.

(a)

Office.

(1)

Characteristics. Office is characterized by establishments that provide business and professional services to individuals, public or nonprofit entities, and/or businesses in an enclosed building, generally in an office environment. There are few visits by the general public, and little walk-in traffic. Those who come to the site are mostly employees, and, to a lesser extent, clients. Laboratory research is not a major component of the activities on-site.

(2)

Examples. Accountants and tax services; advertising agencies; architects; bank offices and headquarters; business associations; call centers; commercial photography studios; computer system design and computer programming; corporate offices and headquarters; data processing; distance education and distance learning; engineers; financial businesses such as lenders and holding and investment offices; graphic and industrial design; insurance carriers, agents, and brokers; landscape architects; lawyers; lobbyists; planners; post-production and distribution services for audio-visual media where not associated with production/filming/broadcasting; professional membership organizations; real estate agents; scientific and technical services; software and internet content development and publishing; telemarketing or customer support centers; temporary employment agencies; title companies; travel agencies.

(3)

Exceptions.

(A)

Branch banks, credit unions, and other similar financial institutions where customers come to the site on a regular basis are included in retail sales and service: postal services and retail financial services.

(B)

Producing and recording audio or visual media is included in business and professional services: audio/visual media production.

(C)

Commercial and non-commercial research and testing conducted in a laboratory environment is included in business and professional services: laboratory research and testing.

(D)

Facilities dedicated to data storage and transmission where employees are not regularly present on site are included in utilities: data center facilities.

(b)

Audio/visual media production.

(1)

Characteristics. Audio/visual media production is characterized by business and professional services related to the recording, production, and/or broadcasting of audio and/or visual media. Audio/visual media production typically involves a studio and/or set where production is staged. Productions may be recorded or broadcast live. In most cases, the public does not come to the site, although some studios may provide for a live audience.

(2)

Examples. Movie production facilities; music recording studios; television and radio recording and broadcast studios.

(3)

Exceptions.

(A)

Film and tape distribution associated with television, recording, or movie production and post-production editing of audio and/or visual content that is separate from the production or recording of that content is included in business and professional services: office.

(B)

AM and FM antennae, TV antennae, and broadcast towers are included in utilities: basic utilities.

(C)

Wireless telecommunication facilities, structures, equipment, and appurtenances are included in utilities: wireless communication facilities.

(c)

Laboratory research and testing.

(1)

Characteristics. Laboratory research and testing is characterized by business services related to commercial and non-commercial research and testing conducted in a laboratory environment. Primary data is generated on-site.

(2)

Examples. Biological, physical, or chemical research; engineering laboratory research; food testing; materials testing; product testing; water quality testing.

(3)

Exceptions.

(A)

Testing of cars and trucks, including pollution testing, safety tests, and aerodynamic testing, is included in motor vehicle, trailer, and manufactured dwelling sales and services: motor vehicle services.

(B)

Medical laboratories are included in health services: outpatient medical services and laboratories.

(Prior Code, § 400.050; Ord. No. 31-13)

Motor vehicle, trailer, and manufactured dwelling sales and services consists of the sale, rental, and leasing of motor vehicles, trailers, and manufactured dwellings; the servicing and non-accessory storage of motor vehicles; and vehicles for hire with drivers. Motor vehicles include automobiles, trucks, motorcycles, boats, recreational vehicles, other personal transportation vehicles, buses, motorized non-road vehicles, and heavy vehicles.

(a)

Motor vehicle and manufactured dwelling and trailer sales.

(1)

Characteristics. Motor vehicle and manufactured dwelling and trailer sales is characterized by the sales, leasing, and rental of new and used motor vehicles, other than heavy vehicles and heavy equipment, and the sales, leasing, and rental of manufactured dwellings and trailers. Motor vehicle and manufactured dwelling and trailer sales typically requires extensive indoor and/or outdoor display or storage areas. Customers typically come to the site to view, select, purchase, and/or pick up the vehicles, manufactured dwellings, or trailers.

(2)

Examples. Sales, leasing, and rental of new and used motor vehicles including automobiles, trucks, motorcycles, motorized boats, recreational vehicles, and other personal transportation vehicles; car rental agencies; manufactured dwelling and pre-fabricated structure sales and display sites; sales, leasing, or rental of trailers.

(3)

Exceptions.

(A)

Heavy vehicle and heavy equipment sales, leasing, and rental are included in motor vehicle, trailer, and manufactured dwelling sales and services: heavy vehicle and trailer sales.

(B)

Auto supply stores are included in retail sales and services: retail sales.

(C)

Sales of used motor vehicle parts is included in wholesale sales, storage, and distribution: heavy wholesaling.

(D)

Wholesale sales of motor vehicles, manufactured dwellings, and trailers is included in wholesale sales, storage, and distribution: heavy wholesaling or general wholesaling, dependent upon whether the activity occurs entirely within an enclosed building.

(E)

Temporary motor vehicle and recreational vehicle sales are included in temporary uses.

(b)

Motor vehicle services.

(1)

Characteristics. Motor vehicle services are characterized by establishments providing repair, service, testing, maintenance, cleaning, and other services for motor vehicles, other than heavy vehicles and heavy equipment. Vehicles may be brought to the site by customers or by a towing service. If motor vehicle parts are sold, they are typically installed on-site.

(2)

Examples. Auto body shops; auto glass repair; automotive paint shops; automotive repair shops; car washes; gasoline stations and unattended card-key stations; motorcycle repair shops; quick lubrication services; testing of cars and trucks, including pollution and safety testing; tire sales and installation shops; towing services; vehicle engine, transmission and muffler repair shops; vehicle upholstery and detailing shops.

(3)

Exceptions.

(A)

Truck stops are included in motor vehicle, trailer, and manufactured dwelling sales and services: heavy vehicle and trailer service and storage.

(B)

Heavy vehicle and heavy equipment repair and service are included in motor vehicle, trailer, and manufactured dwelling sales and services: heavy vehicle and trailer service, and storage.

(C)

Vehicle salvage and wrecking is included in wholesale sales, storage, and distribution: heavy wholesaling.

(c)

Commercial parking.

(1)

Characteristics. Commercial parking is characterized by parking facilities contained within structures or on surface lots, where such parking is available to the public and not exclusively accessory to a specific use or development. A fee may or may not be charged.

(2)

Examples. Commercial shuttle parking; parking structures/garages; public garages; short and long term fee parking garages and surface parking lots.

(3)

Exceptions.

(A)

Parking facilities that are accessory to a use, but which charge the public to park for occasional events nearby are not considered commercial parking facilities.

(B)

Park-and-ride facilities are included in motor vehicle, trailer, and manufactured dwelling sales and services: park-and-ride facilities.

(d)

Park-and-ride facilities.

(1)

Characteristics. Park-and-ride facilities are characterized by parking spaces owned or leased by a public agency for use by transit riders or ride-share participants. park-and-ride facilities may be located on their own lot or may consist of shared parking spaces associated with another use.

(2)

Examples. Parking spaces leased to or shared with a public agency for the exclusive or shared use by transit patrons or ride-share participants; parking lots for the exclusive use of transit riders or ride-share participants.

(e)

Taxicabs and car services.

(1)

Characteristics. Taxicabs and car services are characterized by establishments providing light and medium duty vehicles for hire with drivers. On-site activities are generally limited to storage and maintenance of fleet vehicles, dispatch, and administration. Customers rarely, if ever, come to the site, but typically are picked up from and driven to locations off-site. Services may or may not be scheduled. Services may be provided to the general public or to employees, customers, or clients of one or more businesses or institutions.

(2)

Examples. Airport shuttle services; armored car services; companies operating small shuttle busses; dispatch facilities for dial-a-ride and other demand-responsive shuttle services operated by public agencies using light and medium duty vehicles; storage and dispatch facilities for shuttle services serving one or more businesses or institutions where such storage and dispatch takes place on a separate site from the use(s) served; taxicab operators; town car, chauffer, and limousine services.

(3)

Exceptions.

(A)

Facilities for the maintenance, storage, and/or dispatch of vehicles requiring a commercial driver license, including school buses, are included in motor vehicle, trailer, and manufactured dwelling sales and services: heavy vehicle and trailer service and storage.

(B)

Shuttle bus, taxicab, or town car services that serve a particular use, and are located on the same site as the use, are considered accessory to that use.

(C)

Taxi stands where passengers are picked up or dropped off by taxicabs and car services are considered accessory to the primary use.

(f)

Heavy vehicle and trailer sales.

(1)

Characteristics. Heavy vehicle and trailer sales is characterized by establishments providing for the sales, rental, or leasing of heavy vehicles, heavy-duty trailers, and heavy equipment. In most cases, the general public rarely, if ever, come to the site. Heavy vehicles, heavy-duty trailers, and heavy equipment are often stored on-site, often outside.

(2)

Examples. Heavy truck rental and leasing; moving truck rental, with or without drivers; sales, rental, and leasing of heavy trucks and heavy equipment, tractors, vehicles requiring a commercial driver license, and heavy-duty trailers

(3)

Exceptions.

(A)

Sales of industrial and farm equipment is included in wholesale sales, storage, and distribution: heavy wholesaling.

(g)

Heavy vehicle and trailer service and storage.

(1)

Characteristics. Heavy vehicle and trailer service and storage is characterized by establishments providing repair, service, testing, maintenance, cleaning, storage, and other services for heavy vehicles, heavy-duty trailers, and heavy equipment. In most cases, the general public rarely, if ever, comes to the site. Heavy vehicles, heavy-duty trailers, and heavy equipment are often stored on-site, often outside.

(2)

Examples. Storage and maintenance facilities for buses, including those owned and operated by public transit agencies and school transportation service providers; storage and maintenance facilities for establishments that collect solid waste; repair and maintenance of tractors; repair and maintenance services for heavy vehicles and heavy equipment; truck driving and heavy equipment operation training schools; truck stops.

(3)

Exceptions.

(A)

Repair and maintenance of industrial and farm equipment is included in construction contracting, repair, maintenance, and industrial services: industrial services.

(Prior Code, § 400.055; Ord. No. 31-13; Ord. No. 13-21, § 1(Exh. A), 2-14-2022)

Recreation, entertainment, and cultural services and facilities consists of facilities providing recreation, entertainment, and/or cultural enrichment services. These services and facilities may be either participant-oriented, with spectators incidental and present on a non-recurring basis, or event-oriented, drawing people to observe specific meetings, events, or shows. In both cases customers come to the site to partake in the activities. Food and beverage sales, if present, are incidental.

(a)

Commercial entertainment—indoor.

(1)

Characteristics. Commercial entertainment—indoor is characterized by the provision of sports, entertainment, or recreational activities in an enclosed facility by a for-profit business.

(2)

Examples. Bowling alleys; concert halls, theaters, and other music and performing arts venues; dance halls; dance studios and dance schools; indoor courts or other facilities for team sports other than those primarily used for spectator-oriented competition; indoor firing ranges; indoor paintball or laser tag facilities; indoor pools other than those primarily used for spectator-oriented competition; indoor skating rinks; martial arts studios/schools; membership sports and recreation clubs; movie theaters; physical fitness facilities, health clubs, yoga studios, and gymnasiums; small rentable event spaces; nightclubs; video arcades.

(3)

Exceptions.

(A)

Performance, meeting, and conference venues designed to accommodate 300 or more people are included in recreation, entertainment, and cultural services and facilities: major event entertainment.

(b)

Commercial entertainment—outdoor.

(1)

Characteristics. Commercial entertainment—outdoor is characterized by the provision of sports, entertainment, or recreational activities primarily by and for participants in an open, outdoor facility, operated by a for-profit business. Spectators are incidental and present on a nonrecurring basis.

(2)

Examples. Amusement parks; campgrounds; drive-in movie theaters; driving ranges; golf courses; membership sports and recreation clubs; miniature golf courses; outdoor swimming pools; recreational vehicle parks; skateboard parks; sports fields other than those primarily used for spectator-oriented competition; tennis courts.

(3)

Exceptions.

(A)

Outdoor facilities that are minimally developed with structures and not generally staffed, such as nature parks, recreational trails, and arboreta, are included in recreation, entertainment, and cultural services and facilities: parks and open space.

(B)

Outdoor participant-oriented recreational facilities of a public or nonprofit nature are included in recreation, entertainment, and cultural services and facilities: recreational and cultural community services.

(c)

Major event entertainment.

(1)

Characteristics. Major event entertainment is characterized by activities and structures that draw large numbers of people to specific events or shows. Activities are generally of a spectator nature. Events may be live or previously recorded, and may take place in an enclosed structure, a partially-enclosed structure, or entirely outdoors. The number of people who come to the site as spectators, audience, or attendees is greater than the number there to produce the event. The facilities receive little or no use for other than scheduled events other than for practice or rehearsal purposes.

(2)

Examples. Athletic and sports stadiums; exposition centers; facilities for major athletic competitions; fairgrounds; major conventions and exhibitions; performance, meeting, and conference venues designed to accommodate 300 or more people; race tracks.

(3)

Exceptions.

(A)

Banquet halls that are part of hotels or restaurants are considered accessory to those uses.

(B)

Movie theaters are included in recreation, entertainment, and cultural services and facilities: commercial entertainment—indoor.

(C)

Drive-in movie theaters are included in recreation, entertainment, and cultural services and facilities: commercial entertainment—outdoor.

(D)

Concert halls, theaters, and other music and performing arts venues are included in commercial entertainment—indoor.

(E)

Performance, meeting, and conference venues designed to accommodate fewer than 300 people are included in recreation, entertainment, and cultural services and facilities: commercial entertainment—indoor.

(d)

Recreational and cultural community services.

(1)

Characteristics. Recreational and cultural community services are characterized by indoor and outdoor services and facilities typically of a public or nonprofit nature providing a range of on-going on-site recreational and cultural services to the public. Services or activities are generally provided on an on-going basis, not just for special events. Recreational and cultural community services generally have employees on-site during open hours.

(2)

Examples. Aquariums; art museums; community centers; golf courses; indoor and outdoor swimming pools, spectator-oriented ball fields, and tennis courts designed to accommodate less than 300 spectators, when operated by the City or a nonprofit community club or association; libraries; museums; nature/interpretive centers; senior centers; youth clubs; zoological gardens.

(3)

Exceptions.

(A)

For-profit recreational enterprises, such as amusement parks and membership sports and recreation clubs, are included in recreation, entertainment, and cultural services and facilities: commercial entertainment—indoor or commercial entertainment—outdoor.

(B)

Large-scale event-oriented uses are included in recreation, entertainment, and cultural services and facilities: major event entertainment.

(e)

Parks and open space.

(1)

Characteristics. Parks and open space is characterized by publicly owned land and outdoor facilities that provide for recreation, or land that provides for the preservation of natural resources.

(2)

Examples. Arboreta; ball fields; botanical gardens; community gardens; nature parks and preserves; outdoor tennis courts; parks; playgrounds; recreational trails.

(3)

Exceptions.

(A)

Land used for the burial of the dead is included in funeral and related services: cemeteries.

(B)

Outdoor performance or event structures designed to host major events are included in recreation, entertainment, and cultural services and facilities: major event entertainment.

(f)

Nonprofit membership assembly.

(1)

Characteristics. Nonprofit membership assembly is characterized by facilities for the assembly of members of civic, social, fraternal, or other nonprofit membership groups. Activities on-site often include membership meetings as well as social, philanthropic, and/or recreational functions and activities primarily for members of the organization.

(2)

Examples. Bars and restaurants owned and operated by civic, social, or fraternal organizations for use by their members; grange halls; meeting places for civic clubs, fraternal, or veteran organizations.

(g)

Religious assembly.

(1)

Characteristics. Religious assembly is characterized by facilities for worship services. Religious Assemblies typically are designed to provide for the assembly of persons for the purpose of religious exercise.

(2)

Examples. Churches; mosques; synagogues; temples.

(3)

Exceptions.

(A)

Schools operated by religious organizations are included in education services: basic education.

(B)

Child care services operated by religious organizations, other than those provided for congregants during worship services and church activities, are included in education services: day care.

(Prior Code, § 400.060; Ord. No. 31-13)

Health services consists of prevention, diagnosis, treatment, and rehabilitation services provided by physicians, dentists, nurses, and other health care personnel. Except for medical and dental laboratories, which may have little direct contact with patients, patients typically come to the site to receive health and/or dental services from licensed professionals.

(a)

Medical centers/hospitals.

(1)

Characteristics. Medical centers/hospitals are characterized by facilities that provide health services to inpatients and the specialized accommodation services required by inpatients. Medical centers/hospitals may also provide outpatient services as a secondary activity. Institutions that fall within this category are accredited by state and national agencies. Emergency services are generally included.

(2)

Examples. Freestanding inpatient hospitals; hospitals or medical centers associated with a university or medical school; medical complexes that include inpatient hospitals; psychiatric and substance abuse hospitals primarily engaged in providing diagnostic, medical treatment, and monitoring services for inpatients who suffer from mental illness or substance abuse disorders.

(3)

Exceptions.

(A)

Freestanding medical clinics without inpatient services are included in health services: outpatient medical services and laboratories.

(B)

Medical office buildings that provide outpatient care and urgent medical care, and which are not located on a medical center campus, are included in health services: outpatient medical services and laboratories.

(b)

Outpatient medical services and laboratories.

(1)

Characteristics. Outpatient medical services and laboratories are characterized by prevention, diagnosis, treatment, and rehabilitation services provided by physicians, dentists, nurses, and other health care professionals that are provided on an out-patient basis. Outpatient medical services and laboratories also include medical testing and analysis services. Patients generally do not spend more than 24 hours at a time. Emergency services are generally not provided, although urgent care may be included.

(2)

Examples. Blood banks; kidney dialysis centers; medical and dental laboratories; offices of doctors, nurses, physicians' assistants, dentists, chiropractors, massage therapists, optometrists, podiatrists, audiologists, dieticians, midwives, naturopaths, occupational and physical therapists, psychologists, psychiatrists, speech therapists, osteopathic doctors, and acupuncturists; orthotic and prosthetic services; outpatient drug or alcohol treatment clinics; outpatient urgent care facilities; rehabilitation centers; psilocybin service center.

(3)

Exceptions.

(A)

Skilled nursing care facilities are included in group living: nursing care.

(B)

Hospitals are included in health services: medical centers/hospitals.

(C)

Cosmetology services are included in retail sales and service: personal services.

(D)

Home health care services provided to individuals in their own homes is considered accessory to household living.

(Prior Code, § 400.065; Ord. No. 31-13; Ord. No. 6-19, § 1(Exh. A), 6-24-2019, eff. 7-24-2019; Ord. No. 22-22, § 1(Exh. A), 11-28-2022)

Education services consists of educational instruction and/or daytime supervision of people of any age. Services are primarily provided to students or those supervised coming to the site.

(a)

Day care.

(1)

Characteristics. Day care is characterized by the day or evening care or supervision of children and/or adults who need care, supervision, or assistance outside of the individual's home or that of a family member. Educational services may or may not be included. A fee is generally charged for services. Individuals supervised come to the site, but do not stay overnight.

(2)

Examples. Adult day care centers; adult day care homes; child day care centers; child day care homes; nursery schools; preschools; registered head start programs.

(3)

Exceptions.

(A)

Babysitting, and care given by an individual's parents, guardians, or relatives, are considered accessory to household living.

(b)

Basic education.

(1)

Characteristics. Basic education is characterized by institutions that are licensed by the State to provide comprehensive state-mandated basic education primarily to minors. Students generally come to the site to receive instruction, although some distance learning may be included. Instruction generally takes place within one or more enclosed buildings.

(2)

Examples. Alternative education schools and programs approved by the school district; charter schools; public and private primary, elementary, middle, and high schools; state-recognized secondary school career and technical education programs, such as vocational high schools.

(3)

Exceptions.

(A)

Head start programs are included in education services: day care.

(B)

Adult basic education programs leading to a General Equivalency Diploma (GED) are included in education services: post-secondary and adult education.

(c)

Post-secondary and adult education.

(1)

Characteristics. Post-secondary and adult education is characterized by institutions offering advanced education and training to adults. Basic primary and secondary education is not provided, except instruction for adults seeking a General Equivalency Diploma (GED). Post-secondary and adult education institutions generally provide instruction leading to a degree, certificate, or license, but may also provide non-degree programs. Instruction generally takes place on-site within one or more enclosed buildings; however, some distance learning and/or outdoor instruction may also be included.

(2)

Examples. Adult basic education programs leading to a General Equivalency Diploma (GED); community colleges; language schools; liberal arts colleges; medical and nursing schools not associated with a medical center; seminaries; universities.

(3)

Exceptions.

(A)

Post-secondary and adult education institutions that are entirely distance learning based are included in business and professional services: office.

(B)

Trade schools providing training in the operation of heavy equipment or vehicles requiring a commercial driver's license are included in motor vehicle, trailer, and manufactured dwelling sales and services: heavy vehicle and trailer service and storage.

(C)

Aviation schools are included in transportation facilities: aviation facilities.

(Prior Code, § 400.070; Ord. No. 31-13)

Civic services consists of governmental or nonprofit entities providing services related to the administration of the government or providing social assistance.

(a)

Governmental services.

(1)

Characteristics. Governmental services are characterized by the administration of the government, typically provided by a public body.

(2)

Examples. City hall; courts; other government offices.

(3)

Exceptions.

(A)

The provision of emergency services for police protection and fire and life safety are included in public safety: emergency services.

(B)

Government functions related to the detention and correction of offenders are included in public safety: detention facilities.

(C)

Libraries, community centers, and other recreational and cultural enrichment services provided by public or nonprofit agencies are included in recreation, entertainment, and cultural services and facilities: recreational and cultural community services.

(D)

Government offices involved with the direct delivery of social services to clients or the general public, including, but not limited to, issuing of welfare aid, rent supplements, food stamps, and eligibility casework, are included in civic services: social services.

(E)

Schools and educational services provided by public or nonprofit agencies are included in educational services.

(F)

Facilities supporting off-site property and building improvement, construction, or maintenance of public assets are included in civic services: governmental maintenance services and construction.

(b)

Social services.

(1)

Characteristics. Social services are characterized by the provision of on-going social services to clients or the general public on-site by organizations or agencies of a public or nonprofit nature. Clients or those seeking services typically go to the site to receive aid. Services are generally targeted to one or more vulnerable populations and are often provided free of charge.

(2)

Examples. Facilities providing daytime shelter for the homeless and at-risk populations; government and nonprofit offices issuing welfare aid, rent supplements, and food stamps, and providing case management for such programs; individual and family counseling services; job training, vocational rehabilitation, and habilitation services for the unemployed, the underemployed, and the disabled; meal delivery programs; organizations providing legal and supportive services for immigrants; probation and parole offices; referral services for those in need.

(3)

Exceptions.

(A)

Administrative offices of social service organizations or agencies and offices of nonprofit organizations where direct interaction with clients generally does not take place on-site are classified as business and professional services: office.

(B)

Community, senior, and youth centers serving the general population are included in recreation, entertainment, and cultural services and facilities: recreational and cultural community services.

(C)

Adult day care and child day care centers and homes are included in education services: day care.

(D)

Homeless shelters providing overnight lodging are included in lodging: nonprofit shelters.

(E)

On-going free health clinics serving at-risk populations where provision of medical services is the primary activity on-site are included in health services: outpatient medical services and laboratories.

(c)

Governmental maintenance services and construction.

(1)

Characteristics. Governmental maintenance services and construction is characterized by facilities supporting off-site property and building improvement, construction, or maintenance of public assets. On-site activities are generally limited to administration, dispatch, indoor or outdoor storage of equipment and supplies, fleet vehicle storage, minor assembly or preparation of materials, repair and maintenance of machinery and heavy equipment, and other services primarily related to management of public assets.

(2)

Examples. Government motor pools; shops facilities; storage yards.

(Prior Code, § 400.075; Ord. No. 31-13)

Public safety consists of facilities that provide for the safety and security of the general public through emergency and disaster response, national defense, or detention for law enforcement purposes.

(a)

Emergency services.

(1)

Characteristics. Emergency services is characterized by services and facilities that provide police protection and fire and life safety to residents of the community. Emergency response vehicles and personnel are typically dispatched from these facilities and stationed on-site when not responding to a call. Facilities may be staffed 24 hours a day and may provide sleeping and eating facilities, as well as office space for employees on duty.

(2)

Examples. Ambulance stations and ambulance service facilities; fire stations; highway patrol facilities; Marshals' offices; police stations; Sheriffs' offices; State police facilities.

(b)

Detention facilities.

(1)

Characteristics. Detention facilities are characterized by facilities for the confinement of persons within the criminal justice system where inmates and detainees are under 24-hour supervision.

(2)

Examples. Correctional boot camps; facilities for people who are under judicial detainment with 24-hour supervision; holding cells, jails, and prisons; juvenile detention homes and reformatories; state penitentiaries.

(c)

Military installations.

(1)

Characteristics. Military installations are characterized by facilities for the operations of the armed forces, including facilities to house, equip, and train enlisted members of the armed forces. Military installations are operated by a division of the Oregon Military Department or the United States Department of Defense.

(2)

Examples. Armories and training centers for the Oregon National Guard; U.S. Army, Navy, Air Force, and Marine bases.

(3)

Exceptions.

(A)

Recruitment centers for the armed forces where no training, weapons storage, or troop housing takes place on site are included in civic services: governmental services.

(B)

Administrative offices related to the armed forces or the U.S. Army Corps of Engineers where little interaction with the public takes place and where no troop training, troop housing, or weapons storage takes place on site are included in civic services: governmental services.

(C)

Aeronautics facilities associated with the military are included in transportation facilities: aviation facilities.

(Prior Code, § 400.080; Ord. No. 31-13)

Funeral and related services consists of services and facilities engaged in preparing the dead for burial; conducting funerals, cremations, and burials; and providing land for the permanent disposition of remains.

(a)

Cemeteries.

(1)

Characteristics. Cemeteries are characterized by the provision of land for the permanent disposition of human or animal remains.

(2)

Examples. Animal cemeteries; cemeteries; columbaria; mausoleums.

(b)

Funeral and cremation services.

(1)

Characteristics. Funeral and cremation services are characterized by establishments engaged in preparing the remains of the dead for permanent disposition, and arranging, managing, and conducting funerals, wakes, and burials.

(2)

Examples. Crematories; funeral homes or parlors; taxidermists.

(Prior Code, § 400.085; Ord. No. 31-13)

Construction contracting, repair, maintenance, and industrial services consists of construction and maintenance of buildings and grounds and the repair and maintenance of consumer, business, and industrial products and equipment other than the repair of motor vehicles and trailers. Services are generally provided by traveling to the customer or by the delivery of items to the site for repair.

(a)

General repair services.

(1)

Characteristics. General repair services are characterized by the repair and maintenance of light business equipment, consumer products, and personal and household items, other than clothing and accessories. Repair and maintenance activities may take place on the subject site or may take place at the customer's location.

(2)

Examples. Appliance repair; bicycle and other sporting goods repair and service; copier, computer, printer, telephone, fax machine, and other office equipment repair and service; furniture re-upholstery and repair; locksmith; musical instrument repair; repair services for consumer electronics.

(3)

Exceptions.

(A)

Motor vehicle repair is included in motor vehicle, trailer, and manufactured dwelling sales and services: motor vehicle services.

(B)

Watch and jewelry repair and clothing alteration and repair are included in retail sales and services: personal services.

(b)

Building and grounds services and construction contracting.

(1)

Characteristics. Building and grounds services and construction contracting is characterized by establishments engaged in off-site property and building improvement, construction, or maintenance; or the provision public utilities. On-site activities are generally limited to administration, dispatch, indoor or outdoor storage of equipment and supplies, fleet vehicle storage, and minor assembly or preparation of materials.

(2)

Examples. Construction contractors; excavation and demolition services; janitorial services; landscape, lawn, and garden services; pest control services; portable toilet rental and leasing; service and storage yards for public utility companies; specialty trade contractors including glass and glazing contractors, plumbing, electrical, carpentry, painting and paper hanging, heating, ventilation, air conditioning, roofing, siding, sheet metal work, masonry, stone, tile work, flooring, plastering, drywall, insulation, and concrete work; upholstery and carpet cleaning; water well drilling; window cleaning services.

(3)

Exceptions.

(A)

Building and grounds maintenance services conducted on the same site where services are provided are considered accessory to the primary use.

(B)

Sites used primarily for the storage of heavy equipment are included in motor vehicle, trailer, and manufactured dwelling sales and services: heavy vehicle and trailer service and storage.

(C)

Building and grounds services and construction contracting uses conducted entirely in an office environment without outdoor storage are included in business and professional services: office.

(c)

Cleaning plants.

(1)

Characteristics. Cleaning plants are characterized by dry cleaning and laundry service facilities that clean items transported to and from the site by the company or a third party, rather than by the customer. Customers rarely, if ever, come to the site.

(2)

Examples. Diaper services; dry cleaning plants; industrial laundries; linen supply services.

(3)

Exceptions.

(A)

Laundry and dry cleaning service establishments that provide for customer drop off and/or pick up on-site and serve the general public are included in retail sales and service: personal services.

(d)

Industrial services.

(1)

Characteristics. Industrial services are characterized by establishments providing repair and maintenance of industrial machinery and equipment and other services primarily to industrial businesses.

(2)

Examples. Commercial and industrial machinery and equipment repair and maintenance, except automotive and electronic; industrial fan rebuilding and repair; precision machinery component repair; welding repair.

(3)

Exceptions.

(A)

Repair of heavy vehicles and trailers is included in motor vehicle, trailer, and manufactured dwelling sales and services: heavy vehicle and trailer service and storage.

(Prior Code, § 400.090; Ord. No. 31-13)

Wholesale sales, storage, and distribution consists of facilities for the storage, transfer, distribution, repackaging, or wholesale sales of physical goods or personal property other than live animals.

(a)

General wholesaling.

(1)

Characteristics. General wholesaling is characterized by sales of physical products primarily to customers other than the general public, including retailers, other wholesalers, and industrial, commercial, institutional, farm, or business users. The general public rarely comes to the site. Products are generally stored on-site, and may also be assembled, sorted, graded and/or re-packaged on-site. For establishments primarily engaged in sales to industrial, commercial, institutional, farm, or business users, activities on the site may also include on-site sales or order taking display areas. Products may be picked up on-site or delivered to the purchaser. General wholesaling takes place primarily within an enclosed building, and does not include the sale of dangerous, toxic, or potentially contaminating products.

(2)

Examples. Wholesale sales of supplies, light-duty equipment, and store fixtures; wholesale sales of products that are not dangerous, toxic, or potentially contaminating; wholesale sales of automobiles and other motor vehicles, manufactured dwellings, and trailers, when stored inside.

(3)

Exceptions.

(A)

Wholesale sales of dangerous, toxic, or potentially contaminating products, and those requiring outdoor storage, are included in wholesale sales, storage, and distribution: heavy wholesaling.

(B)

Establishments primarily storing and distributing goods with little on-site business activity are included in wholesale sales, storage, and distribution: warehousing and distribution.

(b)

Heavy wholesaling.

(1)

Characteristics. Heavy wholesaling is characterized by sales of physical products that are dangerous, toxic, or potentially contaminating, or that require outdoor storage, primarily to customers, other than the general public, including retailers, other wholesalers, and industrial, commercial, institutional, farm, or business users. The general public rarely comes to the site. Products are generally stored on-site, and may also be assembled, sorted, graded and/or re-packaged on-site. Activities on the site may also include on-site sales or display areas. Products may be picked up on-site or delivered to the purchaser.

(2)

Examples. Wholesale sales of automobiles and other motor vehicles, manufactured dwellings, and trailers, where stored outside; wholesale sales of monuments and grave markers; wholesale sales of metals, coal, and other minerals and ores; wholesale sales of ammunition and firearms; wholesale sales of petroleum and petroleum products; wholesale sales of chemicals; wholesale sales of logs, timber products, wood, wood chips, nursery stock, and lumber and construction materials requiring outdoor storage; grain elevators for the wholesale sale of agricultural products; recovery and wholesale sales of used motor vehicle parts, including junkyards and vehicle salvage; processing and wholesale sales of scrap and waste materials, including wrecking yards and scrap dealers; industrial equipment.

(3)

Exceptions.

(A)

Establishments primarily storing and distributing goods with little on-site business activity are included in wholesale sales, storage, and distribution: warehousing and distribution.

(B)

Sales of heavy vehicles, heavy-duty trailers, and heavy equipment is included in motor vehicle, trailer, and manufactured dwelling sales and services: heavy vehicle and trailer sales.

(c)

Warehousing and distribution.

(1)

Characteristics. Warehousing and distribution is characterized by the storage and/or distribution of goods or personal property. Goods are generally delivered to other firms or the final consumer. Except for some will-call pickups, there is little on-site sales.

(2)

Examples. Catalog and mail order houses; cold storage plants and frozen food lockers; distribution centers; distribution facilities for internet retailers; free standing warehouses associated with retail stores such as furniture or appliance stores; grain terminals; major post offices and postal distribution centers; repossession service; stockpiling of sand, gravel, bark dust, or other aggregate and landscaping materials; truck or rail freight terminals.

(3)

Exceptions.

(A)

Uses that involve the transfer or storage of solid or liquid wastes are included in utilities: waste-related facilities.

(B)

Oil and gasoline storage caverns and petroleum and chemical bulk stations and terminals are included in wholesale sales, storage, and distribution: heavy wholesaling.

(d)

Self-service storage.

(1)

Characteristics. Self-service storage is characterized by facilities that lease space to individuals, usually storing household or personal goods, or to businesses, usually storing excess inventory, supplies, or archived records. The storage areas are designed to allow private access by the tenant for storing or removing personal property. Generally, few, if any, employees work at a the site.

(2)

Examples. Single story and multistory facilities that provide individual storage areas for rent.

(3)

Exceptions.

(A)

On-site storage units provided to owners or tenants of a residential or office building are considered accessory to the primary use.

(B)

A transfer and storage business where there are no individual storage areas, or where employees are the primary movers of the goods to be stored, is included in wholesale sales, storage, and distribution: warehousing and distribution.

(Prior Code, § 400.095; Ord. No. 31-13)

Manufacturing consists of the production, processing, fabrication, packaging, or assembly of goods. Natural, man-made, raw, secondary, or partially completed materials may be used in the manufacturing process. Products may be finished or semi-finished, and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales. Relatively few customers come to a manufacturing site.

(a)

General manufacturing.

(1)

Characteristics. General manufacturing is characterized by the production, processing, fabrication, assembly, or packaging of primarily finished products for entry into the stream of commerce for ultimate sale to the end user. Materials used generally include semi-finished products produced in heavy manufacturing industries; and may include some small amounts of natural and/or raw materials. Products produced can be of any size, but are generally smaller than those produced in heavy manufacturing. Production does not involve significant impacts on adjacent properties due to noise, vibration, dust, smoke, fumes, or noxious odors; and is not dangerous or polluting. General manufacturing uses may require large, medium, or small scale facilities, and the work, and storage of product, may be conducted either inside or outside. Products are generally not displayed or sold on site, but if so, they are a subordinate part of sales.

(2)

Examples. Breweries, wineries, distilleries, and cider houses where on-site food and/or beverage consumption is not the primary activity; chemical products manufacturing that does not involve, or that does not have, significant impacts on adjacent properties due to noxious odors, noises, dust, smoke vibrations, or potential danger; commercial or industrial catering kitchens where food is prepared and delivered off-site; manufacturing of apparel; manufacturing of computer and electronic products; manufacturing of food, beverage and related products; manufacturing of pharmaceuticals; manufacturing of signs; manufacturing of wood, plastic, metal, ceramic, rubber, textile, and leather products; production or assembly of equipment, machinery, and fabricated products.

(3)

Exceptions.

(A)

The production of printed materials is included in manufacturing: printing.

(B)

Wineries, breweries, distilleries, or cider houses that are accessory to establishments for on-site retail food and/or beverage consumption are classified under retail sales and services: eating and drinking establishments.

(C)

Cafeteria food service contractors that prepare food for on-site consumption in a cafeteria primarily for use by employees of another company are considered accessory to the use.

(D)

The small scale production of artisanal handcrafted goods to be sold primarily on-site and to the general public is included in retail sales and services: retail sales.

(E)

The manufacture and production of products from composting organic material is included in utilities: waste-related facilities.

(b)

Heavy manufacturing.

(1)

Characteristics. Heavy manufacturing is characterized by the production or processing of finished or semi-finished products that are generally made for the wholesale market or for the transfer to other plants to be used in the further manufacturing of other more complex products. Materials used generally include large amounts of natural and/or raw materials obtained from extractive industries or agricultural/forestry production; or materials that are potentially hazardous or explosive. Products produced are typically heavy in weight and large in size or volume. Production may involve significant impacts on adjacent properties due to noise, vibration, dust, smoke, fumes, or noxious odors; and may be dangerous or polluting. Heavy manufacturing uses typically require large-scale facilities and a substantial portion of the work, and storage of product, may be conducted outside. Products are generally not displayed or sold on site, but if so, they are a subordinate part of sales.

(2)

Examples. Leather tanning; manufacturing of chemical products; manufacturing of explosives, ordnance, small arms, and ammunition; manufacturing of petroleum and coal products; manufacturing of primary metals; manufacturing of starch and vegetable fats and oils; meat processing and packing; production of asphalt, cement, and concrete products; production of lime, gypsum, and other nonmetallic mineral products; pulp, paper, and paperboard mills; sawmills.

(c)

Printing.

(1)

Characteristics. Printing is characterized by the production of printed material for wholesale distribution. Printing physically takes place on site. Customers generally do not come to the site.

(2)

Examples. Book binding; commercial printing; newspaper, magazine and book publishing and printing; printing maps, directories, calendars, and blank books.

(3)

Exceptions.

(A)

Publishing activities without physical printing on site are included in business and professional services: office.

(B)

Photocopying and blueprinting services are included in retail sales and services: retail sales.

(Prior Code, § 400.100; Ord. No. 31-13)

Transportation facilities consist of terminals, stations, and on-site support facilities primarily concerned with the movement of people and goods at the point of which the people and/or goods embark, disembark, or transfer.

(a)

Aviation facilities.

(1)

Characteristics. Aviation facilities are characterized by terminals and support facilities for passenger and freight air transportation, and the operation of airplanes, jets, helicopters, gliders, and other aircraft. The airside portion of such facilities may be improved or unimproved, and air transportation services may be scheduled or unscheduled. Aviation facilities may be for commercial carriers or for shared use by private aircraft. Support facilities may include hangars, aircraft maintenance and refueling facilities, and accommodations for passengers and cargo. Associated activities may include aircraft sales/rental and aviation training and instruction.

(2)

Examples. Air passenger and air freight services and facilities/terminals; airports; air strips, aviation schools; glider facilities; hangars; helicopter landing facilities.

(b)

Passenger ground transportation facilities.

(1)

Characteristics. Passenger ground transportation facilities are characterized by terminals, stations, and support facilities for passenger ground transportation, including, but not limited to, bus or rail, serving a local, suburban, intercity, or regional market area. Passenger ground transportation facilities serve as a point of access for passengers to ground transportation services, and are generally located along, or at the terminus of, a particular route. Support facilities, such as shelters, ticket offices, waiting rooms, and benches, may be provided to help ensure passenger comfort.

(2)

Examples. Multi-modal passenger facilities; train or bus stations, stops, or terminals; transit centers.

(3)

Exceptions.

(A)

Storage yards and maintenance facilities for buses and other large passenger transportation vehicles are included in motor vehicle, trailer, and manufactured dwelling sales and services: heavy vehicle and trailer service and storage.

(B)

Transportation facilities dedicated to the movement of freight rather than passengers are included in wholesale sales, storage, and distribution: warehousing and distribution.

(C)

Park-and-ride facilities owned or leased by a public agency for use by transit riders or ride-share participants are included in motor vehicle, trailer, and manufactured dwelling sales and services: park-and-ride facilities.

(c)

Marine facilities.

(1)

Characteristics. Marine facilities are characterized by terminals, stations, and support facilities for passenger and freight marine transportation, as well as docks, moorings, storage, and other water-dependent facilities for boats. Facilities may be present to allow passengers to safely access transportation. Support facilities, such as shelters, ticket offices, waiting rooms, and benches, may be provided to help ensure passenger comfort.

(2)

Examples. Boat houses; ferry landings; landings and landing piers; marinas; marine freight services and facilities/terminals; ports.

(Prior Code, § 400.105; Ord. No. 31-13)

Utilities consists of physical facilities providing utility services, including, but not limited to, water; wastewater; stormwater facilities; natural gas; electricity; telephone, internet, and other electronic data or communication services; wireless communication facilities; cable television; and solid waste.

(a)

Basic utilities.

(1)

Characteristics. Basic utilities are characterized by physical infrastructure providing utility services, including, but not limited to, water; wastewater; stormwater management; natural gas; electricity; telephone, internet, and other electronic data or communication services; and cable television. Such facilities are not regularly occupied by employees, and generally do not include parking areas or storage areas for vehicles, equipment, or materials.

(2)

Examples. Electric substations; pump stations; reservoirs; substations; utility transmission lines; utility transmission and service poles; un-staffed water filtration equipment; underground transmission facilities; AM and FM antennae and TV antennae.

(3)

Exceptions.

(A)

Power generation facilities and equipment are included in utilities: power generation facilities.

(B)

Drinking water treatment plants are included in utilities: drinking water treatment.

(C)

Wastewater treatment plants are included in utilities: waste-related facilities.

(D)

Service and storage yards for public utility companies are included in construction, contracting, repair, maintenance, and industrial services: building and grounds services and construction contracting.

(E)

Utility offices, other than those associated with power generation, sewer treatment, or drinking water treatment, conducted entirely within an office environment without storage of materials and equipment are included in business and professional services: office.

(b)

Wireless communication facilities.

(1)

Characteristics. Wireless communication facilities are characterized by any unstaffed facility for the transmission and/or reception of radio frequency signals for commercial wireless communications purposes, including, but not limited to, auxiliary support equipment; support towers or support structures, or utility structures used to achieve the necessary elevation for the antenna; transmission and reception cabling and devices; and all antennas or arrays.

(2)

Examples. Cell towers; collocated antennas on existing buildings or structures; collocated antennas on utility structures; auxiliary support equipment.

(3)

Exceptions.

(A)

Wireless communication facilities used exclusively for public health or safety purposes, and wireless communication facilities used exclusively by utilities for internal communications of an operational nature, are included in utilities: basic utilities.

(B)

AM and FM antennae, TV antennae, and broadcast towers are included in utilities: basic utilities.

(c)

Drinking water treatment.

(1)

Characteristics. Drinking water treatment is characterized by facilities that filter and/or treat water for public distribution and consumption. Such facilities are typically staffed on a regular basis.

(2)

Examples. Drinking water treatment plants.

(3)

Exceptions.

(A)

Water filtration facilities that are not staffed, such as those associated with emergency water sources, are included in utilities: basic utilities.

(d)

Power generation facilities.

(1)

Characteristics. Power generation facilities are characterized by the commercial conversion of energy, such as hydroelectric, solar, geothermal, fossil fuel, and nuclear, into electrical energy and/or heat. Power generation facilities produce electrical energy and supply electricity to transmission systems or to electric power distribution systems. Power generation facilities may also produce thermal energy to fuel mechanical processes or to heat buildings or water.

(2)

Examples. Co-generation plants; hydroelectric power plants; large-scale photovoltaic power stations; power plants that burn fossil fuels.

(3)

Exceptions.

(A)

Establishments primarily engaged in operating trash incinerators that also generate electricity are included in utilities: waste related facilities.

(B)

Small-scale private power generation equipment, such as roof-top solar and emergency generators, that is sized to meet the needs of the primary use is considered accessory to the primary use.

(e)

Data center facilities

(1)

Characteristics. Data center facilities are characterized by facilities that physically house computer systems and associated equipment dedicated to data storage and/or transmission. Data Center facilities serve users beyond those present on the site. Facilities may or may not be regularly staffed by employees on-site. Facilities often include redundant or backup power supplies; redundant data communications connections; environmental controls, such as air conditioning and fire suppression; and security devices.

(2)

Examples. Carrier hotel; co-located server hosting facilities; co-location facilities; computer centers; data farms; data storage and hosting facilities; data warehouses; server farms; telecommunication hotels; telecommunications carriers.

(3)

Exceptions.

(A)

Data storage and transmission facilities serving an individual use on-site is considered accessory to that use.

(f)

Fuel dealers.

(1)

Characteristics. Fuel dealers are characterized by establishments that provide delivery of fuels and lubricants to the direct customer.

(2)

Examples. Heating oil; lubricants.

(3)

Exceptions.

(A)

Vehicle fuel dealers are included in motor vehicle, trailer, and manufactured dwelling sales and services: motor vehicle services, or motor vehicle, trailer, and manufactured dwelling sales and services: heavy vehicle and trailer service and storage.

(g)

Waste-related facilities.

(1)

Characteristics. Waste-related facilities are characterized by establishments that receive solid or liquid wastes from others for disposal on site, transfer to another location, or processing for re-use; provide for the treatment of wastewater; collect sanitary wastes; or manufacture or produce goods or energy from the biological decomposition of organic material.

(2)

Examples. Energy recovery plants; hazardous waste collection facilities; limited use landfills; materials recovery facilities; recycling depots; sanitary landfills; solid waste transfer stations; waste composting; wastewater treatment plants.

(3)

Exceptions.

(A)

Disposal of clean fill is not considered a use.

(B)

Sewer pump stations and sewer lines outside of the public right-of-way are included in utilities: basic utilities.

(C)

Structures maintained solely to provide shelter for recyclable material, such as paper, tin cans, and bottles, deposited by members of the public and collected at regular intervals for further transfer or processing elsewhere are considered accessory to the use.

(D)

Scrap dealers and establishments primarily engaged in salvage and/or wrecking of automobiles, trucks, machinery, or similar items are included in wholesale sales, storage, and distribution: heavy wholesaling.

(Prior Code, § 400.110; Ord. No. 31-13)

Mining and natural resource extraction consists of the extraction of natural resources from the earth.

(a)

Petroleum and natural gas production.

(1)

Characteristics. Petroleum and natural gas production is characterized by the operation of oil and gas field properties. Petroleum and natural gas production includes the production of oil through mining and extraction of oil from oil shale and oil sands, and the production of gas and hydrocarbon liquids through gasification, liquid faction, and pyrolysis of coal at the mine site; the operation of oil and gas wells for others on a contract or fee basis; and the provision of oil field services for operators on a contract or fee basis.

(2)

Examples. Drilling, completing, and equipping wells; exploration for crude petroleum and natural gas; operation of separators, emulsion breakers, desilting equipment, and field gathering lines for crude petroleum; spudding in, drilling in, re-drilling, and directional drilling; all other activities in the preparation of oil and gas up to the point of shipment from the producing property.

(b)

Surface mining.

(1)

Characteristics. Surface mining is characterized by all or any part of the process of mining minerals by the removal of overburden and the extraction of natural mineral deposits thereby exposed by any method by which more than 5,000 cubic yards of minerals are extracted, or by which at least one acre of land is affected within a period of 12 consecutive calendar months.

(2)

Examples. Auger mining operations; construction of adjacent or off-site borrow pits, except those constructed for use as access roads; gravel mining operations; open-pit mining operations; production of surface mining refuse; surface impacts of underground mining.

(3)

Exceptions.

(A)

Excavations of sand, gravel, clay, rock, or other similar materials conducted by the landowner or tenant for the primary purpose of construction, reconstruction, or maintenance of access roads on the same parcel or on an adjacent parcel that is under the same ownership as the parcel that is being excavated is considered accessory to the use.

(B)

Excavation or grading reasonably necessary for farming are considered accessory to that use.

(C)

Removal of rock, gravel, sand, silt, or other similar substances removed from the beds or banks of any waters of the State pursuant to a permit issued under ORS 196.800 through ORS 196.900 is not considered a use.

(Prior Code, § 400.0115; Ord. No. 31-13)

Farming, forestry, and animal services consists of the propagation, cultivation, and/or harvesting of plants; and animal husbandry, breeding, boarding, grooming, and care.

(a)

Agriculture.

(1)

Characteristics. Agriculture is characterized by the growing, producing, or keeping of plants for commercial purposes. Agriculture may include activity taking place in a greenhouse, frame, cloth house, lath house, or outdoors.

(2)

Examples. Crop production; growing cultured Christmas trees, as defined in ORS 215.203; orchards; propagation of ornamental plants and other nursery products, such as bulbs, florists' greens, flowers, shrubbery, flower and vegetable seeds and plants, and sod; truck gardening; wholesale plant nurseries; marijuana production.

(3)

Exceptions.

(A)

Plant nurseries that are oriented to retail sales are included in retail sales and service: retail sales.

(b)

Forestry.

(1)

Characteristics. Forestry is characterized by the propagation or harvesting of timber and forest products.

(2)

Examples. Gathering of forest products, such as bark, cones, seeds, or fungi; timber tracts and forest nurseries.

(3)

Exceptions.

(A)

Growing cultured Christmas trees, as defined in ORS 215.203, is included in farming, forestry, and animal services: agriculture.

(c)

Agriculture and forestry services.

(1)

Characteristics. Agriculture and forestry services are characterized by establishments providing management and services to the agricultural and forestry industries. Services are generally provided off-site by traveling to the customer's property. On-site activities are generally limited to administration, dispatch, indoor or outdoor storage of equipment and supplies, fleet vehicle storage, and minor assembly or preparation of materials.

(2)

Examples. Crop planting, cultivating, and harvesting; farm labor and farm management services; forest firefighting, forest fire prevention, forest pest control, and reforestation services; preparation of crops for market, such as cleaning, grading, shelling, and drying; soil preparation services.

(d)

Keeping of livestock and other animals.

(1)

Characteristics. Keeping of livestock and other animals is characterized by the keeping, breeding, boarding, grazing, or feeding of dogs, equines, cattle, swine, sheep, goats, poultry, and other animals; and the propagation, cultivation, maintenance, and harvesting of aquatic species. Keeping of livestock and other animals may be conducted for commercial purposes or for private non-commercial use. For purposes of this subsection, the term "commercial purposes" means conduct of the activity to obtain a profit.

(2)

Examples. Animal shelters; breeding and boarding kennels; dairies; egg production facilities, broiler facilities, poultry hatcheries, and apiaries; feedlots; ranches; riding stables.

(3)

Exceptions.

(A)

The keeping of household pets is considered accessory to residential use.

(B)

The keeping of goats for the sole purpose of targeted grazing of vegetation is an accessory use to the primary use on a unit of land. The term "targeted grazing" as used in this section means the application of goats to accomplish a defined vegetation or landscape goal. The duration of targeted grazing is limited to no more than 21 consecutive days on any one property one-half acre or less in area. On properties greater than one half acre in area, the duration of targeted grazing is limited to no more than 21 consecutive days in any one penned area of one-half acre or more in size. Goats may not return to a treated area for 30 days following a targeted grazing treatment. No more than three targeted grazing treatments per calendar year may occur on any one property one-half acre or less in size or on any one penned area in the case of properties greater than one-half acre in size.

(e)

Animal services.

(1)

Characteristics. Animal services is characterized by veterinary, grooming, and other services for pets, livestock, and other animals.

(2)

Examples. Animal day care; animal grooming; veterinary services; wildlife rehabilitation facilities.

(3)

Exceptions.

(A)

Pet stores are included in Retail Sales and Services: Retail Sales.

(Prior Code, § 400.120; Ord. No. 31-13; Ord. No. 22-15, § 2, 11-23-2015)

(a)

Temporary uses.

(1)

Characteristics. Temporary uses are uses that are allowed as temporary uses under the UDC and which require a temporary use permit under SRC chapter 701. Temporary uses are inherently temporary in nature and include activities that are seasonal or directed toward a specific event; or activities associated with the process of development.

(2)

Examples. Christmas tree sales; construction storage yards; mobile food units; replacement single family dwellings; residential sales/development offices; temporary and seasonal gravel parking and loading areas; temporary motor vehicle and recreational vehicle sales.

(b)

Home occupations.

(1)

Characteristics. Home occupations are characterized by any business or professional activity conducted by a resident within a building used for household living, or within an accessory structure thereto, which is clearly accessory and subordinate to the residential use of the building and its premises. Home occupations maintain the essential residential character of the building and its premises and do not to give the outward appearance, nor manifest any characteristic, of a business.

(2)

Examples. Dressmaker, lawyer, public accountant, artist, caterer, writer, teacher, musician, home office of a physician, dentist, or other practitioner of any of the healing arts, or practices of any art or craft.

(3)

Exceptions.

(A)

Automotive repair, body work, painting, and other motor vehicle services are included in motor vehicle, trailer, and manufactured dwelling sales and service: motor vehicle services.

(B)

Small engine repair, appliance repair, and other general repair services are included in construction contracting, repair, maintenance, and industrial services: general repair services.

(C)

Salvaging, sorting, and recycling of discarded materials, and other waste-related facilities, are included in utilities: waste-related facilities.

(Prior Code, § 400.125; Ord. No. 31-13; Ord. No. 11-14; Ord. No. 26-14)