Within each district, uses are classified as permitted or conditional. Where a use is not defined in Section 16.109.010, Definitions, or is unclear, an interpretation of the language may be decided as a type I-B stand-alone application consistent with Section 16.554, Interpretations, or if the need for an interpretation arises as part of a type I—IV application, an interpretation of the language may be decided by the decision authority for a type I-B—IV application.

(Ord. No. 2011-06, § 2, 12-19-2011)

The following uses are permitted in all districts:

A.

Placement, maintenance, repair and enlargement of underground or aboveground wires, cables, pipes, guys, support structures, pump stations, drains, valves, and retention and detention facilities within easements and rights-of-way by public agencies and utility companies for telephone, TV cable, electric power, natural gas, petroleum products, geothermal water, water, wastewaters, sewage and rainwater;

B.

Railroad tracks and related structures and facilities located within rights-of-way controlled by railroad companies or public agencies;

C.

Surfaced travel lanes, curbs, gutters, street tree planting strips, drainage ditches, sidewalks, transit stops, landscaping, interpretive stations and related structures and facilities located within an easement, or within rights-of-way controlled by a public agency, or on land owned by a public agency;

D.

Widening of public rights-of-way and widening or adding improvements within rights-of-way.

E.

A nonconforming use may be continued although not in conformity with the regulations for the district in which the use is located, provided the use is not enlarged, increased or extended to occupy a greater area of land, or floor area or height in a structure, than was occupied on the date the use became nonconforming, except in accordance with the provisions of Section 16.556, Nonconforming Uses and Structures. A nonconforming structure may be continued although not in conformity with the regulations for the district in which the structure is located, provided the structure is not enlarged, increased or extended in a manner that increases the nonconformity, except in accordance with the provisions of Section 16.556, Nonconforming Uses and Structures.

F.

The subdividing or partitioning of property pursuant to the provisions of this title.

G.

A property line adjustment pursuant to the provisions of this title.

H.

A planned unit development is permitted in the Low Density Residential (R-1), Medium Density Residential (R-2) and Mixed Residential (R-3) Districts consistent with Section 16.562 and other applicable sections of this title.

I.

Solar Facilities.

1.

The installation and use on a residential, commercial, industrial or public structure of a rooftop solar photovoltaic energy system or a rooftop solar thermal energy system is an outright permitted use in any zoning district.

2.

Approval of a permit application under ORS 227.160 to 227.186 is, notwithstanding the definition of "permit" in ORS 227.160, a ministerial decision if:

a.

The installation of a solar energy system can be accomplished without increasing the footprint of the residential, commercial, industrial or public structure; and

b.

The solar energy system would be mounted so that the plane of the system is parallel to the slope of the roof.

c.

Where subsections 2.a. and 2.b. of this section, are not met, approval of a permit application shall be subject to the provisions of Section 16.568, Site Development Review.

3.

As part of the permit approval process:

a.

A fee pursuant to ORS 227.175 may not be charged for processing a permit;

b.

An extensive survey or site evaluation including, but not limited to, vegetation surveys, contour maps and elevation drawings may not be required; and

c.

Building permit fees pursuant to ORS 455.020, 455.210 and 455.220 may be charged.

4.

Subsections I.2. and I.3., do not apply to a permit application for a residential, commercial, industrial or public facility structure that is:

a.

A federally or locally designated historic building or landmark or that is located in a federally or locally designated historic district.

b.

A conservation landmark designated by the city because of the historic, cultural, archaeological, architectural or similar merit of the landmark.

c.

Located in an area designated as a significant scenic resource unless the material used is:

i.

Designated as anti-reflective; or

ii.

Eleven (11) percent or less reflective.

(Ord. No. 2011-06, § 2, 12-19-2011)

Except as may be permitted by Section C below, or a chicken permit issued by the city manager pursuant to Section 6.04.03 of this code, unless specifically permitted by the underlying district, or otherwise permitted as a commercial or industrial activity, the following limitations shall apply:

A.

The growing of crops, orchard products, vegetables or similar food items for personal use shall be permitted, provided no produce or similar food items are sold on site.

B.

The breeding, raising, boarding or selling of horses, donkeys, mules, cows, bulls, sheep, pigs, goats, rabbits, fowl, peacocks, peahens, roosters, capons, geese, ducks, turkeys, quail, and any male poultry, chickens, or game birds, emus, or other animals for domestic or commercial purposes shall be prohibited.

C.

Bee hives shall be permitted subject to the following:

1.

Purpose. The purpose of this ordinance is to establish certain requirements for beekeeping for domestic purposes within the city and to avoid issues which might otherwise be associated with beekeeping for domestic purposes in populated areas.

2.

Definitions.

a.

"Apiary" means the place where bee colonies are located.

b.

"Applicant" means the person applying for a residential beekeeping permit.

c.

"Bees" means honey-producing insects of the species apis mellifera commonly known as honeybees.

d.

"Beekeeper" means a person who owns or has charge of one (1) or more colonies of bees.

e.

"Colony" or "colonies of bees" refers to any hive occupied by bees.

f.

"Flight path" means the route taken by bees to and from the colony to gather water, nectar, pollen, or propolis.

g.

"Hive" means a container or collection of boxes for housing honeybees.

h.

"Lot" means a contiguous parcel of land under common ownership.

i.

"Robbing" means the process by which bees collect honey from colonies other than their own, from frames of extracted honey, or from spills of sugar syrup or honey

j.

"Swarm" means a collection of bees from a colony that has divided and is seeking to start a new colony elsewhere.

3.

Permit Required.

a.

Every person who owns or is in charge of one (1) or more hives within the city, shall register with the city and hold a permit for beekeeping. This permit requirement only applies to the keeping of bees as defined in Section 16.203.120.2. above; the keeping of other types of bees, including Mason bees, are not subject to the provisions of this section.

b.

The registration runs from June 1 to May 31 and must be renewed each year.

c.

Each beekeeper shall comply with all Oregon Department of Agriculture registration requirements.

d.

Renters must provide written approval from the property owner.

e.

Each beekeeper shall provide proof of completion of the OSU Extension Getting Started with Bees Certificate Program or proof of completion of an equivalent course or training provided by a recognized professional beekeeping organization.

f.

Hives may not be permitted on lots smaller than five thousand (5,000) square feet in area.

g.

Up to three (3) hives may be permitted for each lot.

h.

Between May 1 and August 31 of each year, a beekeeper with a valid permit is allowed to maintain one (1) additional hive on a temporary basis for the purposes of taking in a swarm or as a result of a hive split.

4.

Apiary Location.

a.

Apiaries must be managed in the interests of ensuring that they do not become a nuisance to neighbors and the public.

b.

Flight paths shall be managed by:

i.

Establishing and maintaining a flyaway barrier at least six (6) feet in height consisting of a solid wall, fence, dense vegetation or combination thereof that is parallel to the lot line and extends ten (10) feet beyond the apiary in each direction so that all bees are forced to fly at an elevation of at least six (6) feet above ground level over the lot lines in the vicinity of the apiary;

ii.

Elevating the apiary to a height of ten (10) feet or more above ground level; or

iii.

Other means to prevent flight paths from interfering with neighbors and the public.

c.

Apiaries must comply with all other city accessory structure standards and setback requirements that may apply.

5.

Standard of Care.

a.

Each beekeeper shall ensure that a convenient source of water is available to the bees at all times during the months of March through October.

b.

Colonies shall be maintained in hives with adequate space and management techniques to prevent overcrowding.

c.

All hives shall be kept in sound and usable condition.

d.

Each beekeeper shall ensure that no bee comb, wax or other materials that might encourage robbing or predators are left upon the grounds of the apiary site. Upon their removal from the hive, all such materials shall properly be disposed of in a sealed container and relocated away from bee access.

e.

Beekeepers are encouraged to keep records of all colony management activities taken in accordance with any best-practice guidelines issued by Oregon State University extension service or recommendations by the Oregon State Beekeepers Association.

f.

Beekeepers are encouraged to speak with neighbors regarding their apiaries to address concerns and avoid misunderstandings.

g.

Beekeepers are required to respond immediately to remediate nuisance conditions including but not limited to hive placement or bee movement that interferes with pedestrian traffic or persons residing on or adjacent to the apiary premises.

6.

Approval, Denial, and Revocation.

a.

The city may grant a permit pursuant to this section only after the applicant has met all requirements provided in this ordinance.

b.

The city may deny or revoke a permit upon finding that:

i.

The applicant or permittee fails to comply with the standards of care provided in this ordinance and/or standards of care developed by the Oregon State Beekeepers Association and Oregon State University Extension Service.

ii.

The applicant has provided false or misleading material information, or has omitted disclosure of a material fact on the application, related material or permit;

iii.

The permitted activity would endanger property or the public health or safety;

iv.

The permitted activity is determined to be a nuisance pursuant to law.

7.

Violations and Penalties.

a.

Inspection and Right of Entry. Whenever they shall have cause to suspect a violation of any provision of this ordinance, or when necessary to investigate an application, or revocation of a permit under any of the procedures prescribed in this ordinance, officials for the enforcement or administration of this ordinance, or their duly authorized representatives, may enter on any site, or into any structure used for beekeeping, for the purpose of investigation providing they do so in a reasonable manner. If an owner or occupant denies access for an inspection, the city will seek a warrant. No secured building shall be entered without the consent of the owner or occupant unless under authority of a lawful warrant.

b.

Violations.

i.

Failure to Hold a Valid Permit. Any beekeeper who fails to hold a valid permit may be punished by a fine not to exceed one hundred dollars ($100.00) per day.

ii.

All Other Violations. If after an investigation and officials for the enforcement of administration of this ordinance determine that provisions of this ordinance have been violated, the city manager may issue a citation, but only if a written warning has been issued to the beekeeper by the city within the previous three hundred sixty-five (365) days. A warning shall be served upon the beekeeper responsible for the condition or violation by personal service or by first class mail, addressed to the beekeeper's last known address. If the address of the beekeeper is unknown and cannot be found after a reasonable search, the warning may be served by posting a copy at a conspicuous place on the property where the violation occurred. If a warning is directed to the beekeeper who is not the owner of the property where the violation is occurring, a copy of the warning may be sent to the owner of the property. The warning is effective on the earliest date of: the date of personal service, the date of posting, three (3) days after mailing by the city, or the day the notice is actually received. Any person found in violation of any of the provisions of this ordinance may be punished by a fine not to exceed one hundred dollars ($100.00) for any one (1) offense, with each day constituting as separate offense.

c.

Compliance with this ordinance may be offered in:

i.

A proceeding alleging that a given colony or hive constitutes a nuisance, as evidence of the beekeeper's efforts to abate any proven nuisance; or

ii.

A proceeding alleging that a given colony or hive violates applicable ordinances regarding public health and safety, as evidence of the beekeeper's compliance with acceptable standards of practice among urban residential beekeepers in the State of Oregon.

d.

Legal Proceedings by City Attorney. In addition to enforcement provisions of this ordinance, upon request by the city council, the city attorney may institute any additional proceedings, including, but not limited to, seeking injunctive relief to enforce the provisions of this ordinance.

8.

Appeal. In the event an application for a permit under this ordinance is denied or revoked, or in the event a fine is assessed, the applicant, permittee, or beekeeper shall have the right to appeal.

a.

The written notice of appeal to the city council shall be filed with the city manager within fifteen (15) days after the permit denial or revocation.

b.

The city council shall hear and make a determination in regard to the appeal at its next regular meeting immediately following the filing of the notice of appeal.

c.

The decision of the city council on appeal shall be final and conclusive.

(Ord. No. 2011-06, § 2, 12-19-2011; Ord. No. 2022-04, § 2 (Exh. A), 8-17-2022; Ord. No. 2024-03, § 1(Exh. A), 4-1-2024)

A.

Uses not specifically listed as permitted or conditionally permitted within a zoning district, or otherwise allowed through interpretation, shall be prohibited uses.

B.

Except within an approved cemetery, the burial of human remains shall be prohibited.

(Ord. No. 2011-06, § 2, 12-19-2011)