An amendment to the City Zoning Map, the text of the Comprehensive Plan, or the text of the Zoning and Community Development Code may be initiated by the Council, Commission, or an owner of property within the City.

(Ord. No. 2015-003, § 2, 3-17-2015; Ord. 86-851, § 3)

Zoning Map or Text Amendment

A.

Application - An application for a Zoning Map or text amendment shall be on forms provided by the City and shall be accompanied by a fee pursuant to Section 16.74.010.

B.

Public Notice - Public notice shall be given pursuant to Chapter 16.72.

C.

Commission Review - The Commission shall conduct a public hearing on the proposed amendment and provide a report and recommendation to the Council. The decision of the Commission shall include findings as required in Section 16.80.030.

D.

Council Review - Upon receipt of a report and recommendation from the Commission, the Council shall conduct a public hearing. The Council's decision shall include findings as required in Section 16.80.030. Approval of the request shall be in the form of an ordinance.

(Ord. 91-922, § 3; Ord. 86-851)

A.

Text Amendment

An amendment to the text of the Comprehensive Plan or the Zoning and Community Development Code must be based upon a need for such an amendment as identified by the Council or the Commission. Such an amendment must be consistent with the intent of the adopted Sherwood Comprehensive Plan, and with all other provisions of the Plan, the Transportation System Plan and this Code, and with any applicable State or City statutes and regulations, including this Section.

B.

Map Amendment

An amendment to the City Zoning Map may be granted, provided that the proposal satisfies all applicable requirements of the adopted Sherwood Comprehensive Plan, the Transportation System Plan and this Code, and that:

1.

The proposed amendment is consistent with the goals and policies of the Comprehensive Plan and the Transportation System Plan.

2.

There is an existing and demonstrable need for the particular uses and zoning proposed, taking into account the importance of such uses to the economy of the City, the existing market demand for any goods or services which such uses will provide, the presence or absence and location of other such uses or similar uses in the area, and the general public good.

3.

The proposed amendment is timely, considering the pattern of development in the area, surrounding land uses, any changes which may have occurred in the neighborhood or community to warrant the proposed amendment, and the availability of utilities and services to serve all potential uses in the proposed zoning district.

4.

Other lands in the City already zoned for the proposed uses are either unavailable or unsuitable for immediate development due to location, size or other factors.

C.

Transportation Planning Rule Consistency

1.

The applicant shall demonstrate consistency with the Transportation Planning Rule, specifically by addressing whether the proposed amendment creates a significant effect on the transportation system pursuant to OAR 660-012-0060. If required, a Traffic Impact Analysis (TIA) shall be prepared pursuant to Section 16.106.080.

(Ord. No. 2015-003, § 2, 3-17-2015; Ord. No. 2014-012, § 3, 7-17-2014; Ord. 2010-015, § 2, 10-5-2010; Ord. 2005-006, § 8; Ord. 86-851, § 3)

A.

Purpose: The procedures and standards in this chapter are established in order to:

1.

Facilitate efficient and orderly development opportunities when transferring jurisdiction of property within the Urban Growth Boundary (UGB) from Washington County and Clackamas County to the City of Sherwood;

2.

Comply with the requirements of Oregon Revised Statutes (ORS) 222 and Metro Code Chapter 3.09;

3.

Ensure that public facilities are or will be available to serve land annexed to the City;

4.

Establish a system for measuring and evaluating the physical, environmental, fiscal, and related social effects of proposed annexation; and

5.

Avoid the creation of irregular boundaries or annexations that create "island," "cherry stem" or "shoestring" annexations, where possible.

B.

Application Type and Review Procedure: An annexation application is subject to a Type IV procedure for quasi-judicial applications or a Type V procedure for legislative applications, including public notice, public hearing, a recommendation by Planning Commission, and final decision by the City Council. The applicable review procedure shall be determined by the City based on the size and scope of the request.

The following is the review procedure for all annexation applications.

1.

Pre-Application conference;

2.

Submission of completed application;

3.

Staff recommendation of approval or denial;

4.

Review and recommendation by Planning Commission;

5.

Review by City Council; and

6.

Approval or denial by City Council.

C.

Submittal Requirements

1.

An annexation application must include the information set forth in Oregon Revised Statues (ORS) 222 and Metro Code 3.09 and the applicable application deposits and fees based on the current City of Sherwood fee schedule.

2.

Request for annexation shall include all information and requirements within the City's annexation checklist.

3.

An owner-initiated annexation application shall include a preliminary annexation agreement consistent with Section 16.81.020 (Annexation Agreements), unless waived pursuant to Section 16.81.020(D).

4.

Meet all applicable requirements in accordance with Section 16.70.030 (Application Requirements)

D.

Zone Change Process Concurrent with Annexation Application

1.

A property owner who seeks a zone, other than the zoning district shown on the Official Plan and Zoning Map, may apply for a Zone Change to an alternative zone. An owner-initiated change may be processed concurrently with the annexation application. The Zone Change application shall be processed under Chapter 16.72 (Procedures for Processing Development Permits) and Chapter 16.80 (Plan Amendments). Zoning Map Amendments must meet the requirements of Section 16.80.030 Review Criteria.

E.

Zoning of Annexed Areas

1.

All land within the City of Sherwood designated planning area, established under Metro's Urban Growth Boundary (UGB), have been classified with a zoning district as shown on the Official Plan and Zoning Map. Once annexation of the territory is approved, the zoning identified on the Zoning Map is directly applied to the territory without application of Chapter 16.80 (Plan Amendments).

2.

As of the effective date of annexation, an existing use or the use of any existing structure may continue, but only where the use or structure:

a.

Has obtained county land use approval indicating compliance with county zoning regulations or

b.

Has been verified as a lawful non-conforming use or structure under county zoning regulations.

3.

Any lot or parcel of land duly recorded with the Washington County or Clackamas County Recorder's Office prior to the effective date of this Ordinance, and that does not meet the minimum area, width, depth, or street frontage requirements of the applicable zoning district, shall be deemed a lot of record. Such lots may be used as building sites, provided that all other applicable zoning and development code regulations are met.

F.

Approval Criteria. The City may approve an annexation application if the City determines that the following criteria are met:

1.

Provisions set forth in Oregon Revised Statutes (ORS) 222 and Metro Code Chapter 3.09.

2.

Applicable policies of the Sherwood Comprehensive Plan.

3.

The application demonstrates how the property is served or will be served by adequate public facilities and services, assuming the maximum intensity land uses authorized by the zoning district, as designated in the City's Official Plan and Zoning Map, in accordance with Division VI (Public Infrastructure) and the Engineering Design Manual. Public facilities and services include sanitary sewer, storm water, domestic water, and transportation.

a.

The application may also be required to demonstrate how the property will be served by adequate public facilities and services based on the proposed land uses and intensities, in addition to the maximum intensity.

4.

Public facilities and services are provided in a manner consistent with the City's adopted Utility Master Plan, Comprehensive Plan, and Transportation Systems Plan. The application must demonstrate how the public facilities and services will be provided to the property in an orderly, efficient, and timely manner.

5.

Proposed land uses are in accordance with applicable land use master plans.

6.

Subject to any constitutional limitations, parks, trails, and open space are, or will be, provided in accordance with applicable Parks and Trails Master Plan, and any other applicable area plan or master plan and an agreement is executed to convey to the City any land, within the annexation area designated in the adopted Parks and Trails Master Plan.

7.

The application demonstrates how impacts to existing City public facilities and services (i.e. sewer, water, stormwater, and transportation) from the development of the property will be mitigated, if necessary.

Mitigation may include construction of on-site or off-site improvements or improvements to existing infrastructure to City standards and specifications. The application must include a preliminary financial plan that demonstrates the feasibility and adequacy of the proposed mitigation measures. If the financing requires City funds, the funding must be approved by the City Council prior to annexation.

The City may rely on the standards and criteria of Title 16 - Sherwood Zoning and Community Development Code, Comprehensive Plan, Transportation System Plan, Parks and Trails Master Plan, Engineering Design Manual, and any applicable area plan or master plan to analyze an applicant's proposed mitigation of impacts.

In order to ensure adequate public facilities and services will exist to serve property annexed to the City, an applicant may be required to enter into an agreement with the City that governs the extent and timing of infrastructure improvements pursuant to Chapter 16. 81.020 Annexation Agreements.

8.

The application demonstrates that the annexation and zoning is consistent with the Transportation Planning Rule (TPR) and adopted comprehensive plan, or the applicant can demonstrate that additional TPR analysis is not required.

9.

The annexation is in the City's best interest after evaluating the proposal against the City's adopted Utility Master Plans, Comprehensive Plan including Land Use Master Plans, Transportation System Plan, Parks and Trails Master Plan, and any other applicable area plan or master plan. G. Conditions of Approval. Approval of annexation may be conditioned by the City to meet the approval criteria above and conform to applicable policies and standards of adopted plans, including conditions to meet service boundary requirements of Metro and Clean Water Services (CWS). Where conditions are contemplated where housing is allowed, the conditions must be clear and objective.

H.

Appeal of Decision. A final decision on an annexation application may be appealed to the Land Use Board of Appeals (LUBA).

I.

Expiration of a Decision. A final decision on an annexation does not expire.

(Ord. No. 2025-004, § 2, 9-2-2025)

A.

Purpose. The annexation agreement is intended to increase awareness of the annexation process for the property owner, the City, and the public that the scope and timing of subsequent development of the property will occur in a manner that facilitates the timely and orderly construction of necessary infrastructure improvements. The agreement describes the intended use of the property following annexation, the process for development review, the parties' commitments regarding the subsequent development, and the infrastructure anticipated to be necessary to support future or existing development.

B.

Applicability. Unless waived by the City, as described under 16.81.020.D, an annexation agreement consistent with this section shall be executed prior to and included with all annexation applications.

C.

Contents. Unless otherwise agreed by the City, an annexation agreement shall include the following information and, at a minimum, address the following elements to the City's satisfaction:

1.

A legal description of the property;

2.

The current zoning within the County and future urban zoning as depicted on the Sherwood Zone Map;

3.

The proposed zoning, if different than depicted on the adopted Zone Map;

4.

The owner's intended urban use and development of the property in sufficient detail to allow the City to determine the public facility impacts and required infrastructure improvements necessary to support the intended use. Public facilities include sanitary sewer, storm water, domestic water, and transportation.

a.

The type, size, and density of the use, the timing of any anticipated phases, and an engineering assessment of the impact on urban services at full build-out and for each phase of a phased project.

5.

Proposed land for parks and open space including a preliminary park amenity plan.

6.

Certification of service availability. Certification that water, sanitary sewer, storm sewer and transportation services are available or can be available within 24 months to the proposed site;

7.

A Transportation Study that is coordinated with the City and other impacted agencies, including Washington or Clackamas County and Oregon Department of Transportation (ODOT). Unless waived by the City, the Transportation Study shall include:

a.

An analysis of the existing transportation facilities that serve the property, including current and planned capacity of these facilities.

b.

A trip analysis to determine the scope and timing of planned improvements, as to evaluate the cumulative effects of the proposed annexation and subsequent development on the transportation system.

c.

The location, size, type, and timing of any phased development and occupancy, if proposed.

d.

Any transportation improvements that may be necessary to accommodate the development at initial occupancy, at each phase of a proposal, and at full buildout of the property.

e.

Committed and funded multi-modal transportation facilities expected to be available at initial occupancy, at each phase of a proposal, and at full buildout of the property.

D.

Waiver.

1.

The City Manager or designee may waive the requirement to execute and submit an annexation agreement if the City Manager or designee determines the agreement is not necessary and would not achieve the purposes described in Section 16.81.020(A). This determination may be made if one or more of the following apply:

a.

The property is already served by utility and facilities infrastructure necessary to support the proposed use; or

b.

The property is already developed at minimum urban densities and does not require additional utility and facilities coordination; or

c.

The proposed development demands minimal changes to the service area or that are unlikely to generate substantial infrastructure requirements as defined under Division VI - Public Infrastructure; or

d.

The applicant can clearly demonstrate, through supporting documentation, that the proposal will meet all the City's service and infrastructure requirements without additional contractual commitments.

E.

Owner Commitments. The annexation agreement shall provide for at least the following owner commitments:

1.

To provide the needed infrastructure improvements or agree to delay development of the property, or portions of the property, such that it will not exceed the capacity of:

a.

Affected transportation facilities, as determined by the Transportation Study, including any improvements proposed and constructed as part of the development; and

b.

Other affected public facilities including facilities for sanitary sewer, storm water, domestic water, and transportation. 2. Authorize the City to condition any land use decision or entitlements consistent with the Transportation Study and other available public infrastructure capacity analysis, as determined by the City, to ensure that adequate public infrastructure is available to serve the proposed development.

3.

If development is delayed due to infrastructure constraints, this code does not authorize development of a site below the minimum residential density established by the zone. Each phase of a development and the final build out of a site shall meet the minimum residential density of the zone.

F.

City Commitments.

1.

To apply the urban designated zoning depicted on the Zone Map and any applicable Master Plan or other defined area plan at the time of annexation.

G.

General Provisions.

1.

Where an annexation agreement will govern future development on lands where residential uses are allowed, any conditions or obligations set forth in the agreement shall be clear and objective and otherwise comply with state housing laws.

2.

An annexation agreement shall include the parties' intended schedule of significant development-related events, including annexation, zone change, land division, development review, building permits, and occupancy.

3.

Any annexation agreement shall stipulate a delayed effectiveness date that is concurrent with the date on which the related annexation application approval is final. Where no application is submitted or the annexation application is denied, the annexation agreement shall expire one (1) year from the last date it is signed by the parties (the owner and the city manager).

4.

The provisions of an annexation agreement may be included in and made part of a subsequent land use decision.

5.

An annexation agreement is not effective and binding on the parties until the annexation application receives final approval by the City Council and any rights to appeal are exhausted.

6.

Any conditions of approval applied to the annexation agreement run with the land and are binding in regard to future property owners and developers.

(Ord. No. 2025-004, § 2, 9-2-2025)

A.

Authorization

Uses permitted in zoning districts as conditional uses may be established, enlarged, or altered by authorization of the Commission in accordance with the standards and procedures established in this Chapter. If the site or other conditions are found to be inappropriate for the use requested, the Commission or Hearings Officer (cited below as Hearing Authority) may deny the conditional use.

B.

Changes in Conditional Uses

Changes in use or expansion of a legal non-conforming use, structure or site, or alteration of structures or uses classified as conditional uses, that either existed prior to the effective date of this Code or were established pursuant to this Chapter shall require the filing of a new application for review conforming to the requirements of this Chapter if the proposed changes would increase the size, square footage, seating capacity or parking of existing permitted improvements by twenty percent (20%) or more.

C.

Application and Fee

An application for a Conditional Use Permit (CUP) shall be filed with the City and accompanied by the appropriate fee pursuant to Section 16.74.010. The applicant is responsible for submitting a complete application which addresses all criteria of this Chapter and other applicable sections of this Code.

(Ord. No. 2010-015, § 2, 10-5-2010; Ord. 2001-1119, § 1; Ord. 86-851)

A.

Hearing Authority Action

1.

The Hearings Authority shall conduct a public hearing pursuant to Chapter 16.72 and take action to approve, approve with conditions, or deny the application. Conditions may be imposed by the Hearings Authority if necessary to fulfill the requirements of the adopted Comprehensive Plan, Transportation System Plan, or the Code. The decision shall include appropriate findings of fact as required by this Section, and an effective date.

2.

Conditional uses may be approved at the hearing for a larger development (i.e. business campus or industrial park), to include future tenants of such development, if the range of uses allowed as conditional uses are considered, and specifically approved, at the time of original application.

B.

Final Site Plan

Upon approval of a conditional use by the Hearing Authority, the applicant shall prepare a final site plan for review and approval pursuant to Section 16.90. The final site plan shall include any revisions or other features or conditions required by the Hearing Authority at the time of the approval of the conditional use.

C.

Use Criteria

No conditional use shall be granted unless each of the following is found:

1.

All public facilities and services to the proposed use, including but not limited to sanitary sewers, water, transportation facilities, and services, storm drains, electrical distribution, park and open space and public safety are adequate; or that the construction of improvements needed to provide adequate services and facilities is guaranteed by binding agreement between the applicant and the City.

2.

Proposed use conforms to other standards of the applicable zone and is compatible with abutting land uses in regard to noise generation and public safety.

3.

The granting of the proposal will provide for a facility or use that meets the overall needs of the community and achievement of the goals and/or policies of the Comprehensive Plan, the adopted City of Sherwood Transportation System Plan and this Code.

4.

Surrounding property will not be adversely affected by the use, or that the adverse effects of the use on the surrounding uses, the neighborhood, or the City as a whole are sufficiently mitigated by the conditions proposed.

5.

The impacts of the proposed use of the site can be accommodated considering size, shape, location, topography and natural features.

6.

The use as proposed does not pose likely significant adverse impacts to sensitive wildlife species or the natural environment.

7.

For wireless communication facilities, no Conditional Use Permit will be granted unless the following additional criteria is found:

a.

The applicant demonstrates to the satisfaction of the City that the wireless communication facility cannot be located in an IP zone due to the coverage needs of the applicant.

b.

The proposed wireless communication facility is designed to accommodate co-location or it can be shown that the facility cannot feasibly accommodate co-location.

c.

The applicant demonstrates a justification for the proposed height of the tower or antenna and an evaluation of alternative designs which might result in lower heights.

d.

The proposed wireless communication facility is not located within one-thousand (1,000) feet of an existing wireless facility or that the proposed wireless communication facility cannot feasibly be located on an existing wireless communication facility.

e.

The proposed wireless communication facility is located a minimum of three-hundred (300) feet from residentially zoned properties.

8.

The following additional criteria apply to transportation facilities and improvements subject to Conditional Use approval per Chapter 16.66. These are improvements and facilities that are (1) not designated in the adopted City of Sherwood Transportation System Plan (TSP), and are (2) not designed and constructed as part of an approved land use application.

a.

The project preserves or improves the safety and function of the facility through access management, traffic calming, or other design features.

b.

The project includes provisions for bicycle and pedestrian access and circulation consistent with the Comprehensive Plan, the requirements of this Code, and the TSP.

c.

Proposal inconsistent with TSP: If the City determines that the proposed use or activity or its design is inconsistent with the TSP, then the applicant is required to apply for and obtain a plan and/or zoning amendment prior to or in conjunction with Conditional Use Permit approval.

d.

State transportation system facility or improvement projects: The Oregon Department of Transportation (ODOT) must provide a narrative statement with the application demonstrating compliance with all of the criteria and standards in Sections 16.82.020.C.1—6 and 8.a—8.d. Where applicable, an Environmental Impact Statement or Environmental Assessment may be used to address one or more of these criteria.

D.

Additional Conditions

In permitting a conditional use or modification of an existing conditional use, additional conditions may be applied to protect the best interests of the surrounding properties and neighborhoods, the City as a whole, and the intent of this Chapter. These conditions may include but are not limited to the following:

1.

Mitigation of air, land, or water degradation, noise, glare, heat, vibration, or other conditions which may be injurious to public health, safety or welfare in accordance with environmental performance standards.

2.

Provisions for improvement of public facilities including sanitary sewers, storm drainage, water lines, fire hydrants, street improvements, including curb and sidewalks, and other above and underground utilities.

3.

Increased required lot sizes, yard dimensions, street widths, and off-street parking and loading facilities.

4.

Requirements for the location, number, type, size or area of vehicular access points, signs, lighting, landscaping, fencing or screening, building height and coverage, and building security.

5.

Submittal of final site plans, land dedications or money-in-lieu of parks or other improvements, and suitable security guaranteeing conditional use requirements.

6.

Limiting the number, size, location, height and lighting of signs.

7.

Requirements for the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and drainage areas.

8.

Requirements for design features which minimize potentially harmful environmental impacts such as noise, vibration, air pollution, glare, odor and dust.

E.

Time Limits

Unless approved under Section 16.82.020.A.2 for a larger development to include future tenants of such development, authorization of a conditional use shall be void after two (2) years or such lesser time as the approval may specify unless substantial construction, in the City's determination, has taken place. The Hearing Authority may extend authorization for an additional period, not to exceed one (1) year, upon a written request from the applicant showing adequate cause for such extension, and payment of an extension application fee as per Section 16.74.010.

F.

Revocation

Any departure from approved plans not authorized by the Hearing Authority shall be cause for revocation of applicable building and occupancy permits. Furthermore, if, in the City's determination, a condition or conditions of CUP approval are not or cannot be satisfied, the CUP approval, or building and occupancy permits, shall be revoked.

(Ord. No. 2015-003, § 2, 3-17-2015; Ord. No. 2010-015, § 2, 10-5-2010; Ord. 2005-006, §§ 4, 6, 7; Ord. 2003-1148, § 3; Ord. 2001-1119, § 1; 97-1019; Ord. 86-851)

This Chapter provides standards and procedures for variances, which are modifications to land use or development standards that are not otherwise permitted elsewhere in this Code as exceptions to Code standards. This Chapter provides flexibility, while maintaining the purposes and intent of the Code. No variances shall be granted to allow the use of property for a purpose not authorized within the zone in which the proposed use is located. In granting a variance, conditions may be imposed when necessary to protect the best interests of surrounding properties and neighborhoods, and otherwise achieve the purposes of the adopted Comprehensive Plan, the Transportation System Plan, and other Code provisions.

(Ord. No. 2011-003, § 2, 4-5-2011)

A.

Exceptions and Modifications versus Variances

A code standard or approval criterion may be modified without approval of a variance if the applicable code section expressly allows exceptions or modifications. If the code provision does not expressly provide for exceptions or modifications then a variance is required to modify that code section and the provisions of Chapter 16.84 apply.

B.

Combining Variances with Other Approvals; Permit Approvals by Other Agencies.

Variance requests may be combined with and reviewed concurrently by the City approval body with other land use and development applications (e.g., development review, site plan review, subdivision, conditional use, etc.); however, some variances may be subject to approval by other permitting agencies, such as ODOT in the case of State Highway access.

C.

Adjustments and variances cannot be applied to change any existing Planned Unit Development (PUD).

(Ord. No. 2011-003, § 2, 4-5-2011)

As provided in this Section, there are three types of variances: Adjustments, Class A variance and Class B variance; the type of variance required depends on the extent of the variance request and the discretion involved in the decision making process.

A.

Adjustments

1.

Generally and Approval Process: The following Adjustments and Residential Design Checklist with Adjustment are reviewed using a Type I procedure, as governed by Chapter 16.72, using the approval criteria in Subsection 2, below:

a.

Front yard setbacks Up to a 5 percent change to the front yard setback standard in the land use district.

b.

Rear yard setbacks Up to a 5 percent reduction of the dimensional standards for the rear yard setbacks required in the base land use district so long as the three foot setback is maintained based on Building Code requirements where applicable.

c.

Interior side yard setbacks: Adjustments to interior side yard setbacks for all residential housing types are not allowed.

d.

Landscape area - Up to a 5 percent reduction in landscape area (overall area or interior parking lot landscape area.

e.

A 5 percent increase or decrease in other Code standards or dimensions not otherwise specifically identified in this section and not applicable at the time of the subdivision or partition approval.

f.

Up to a 5 percent adjustment to one or more of the residential design standards of Section 16.14, Table 16.14-1.A-C (no adjustments to the Detailed Design standards in 16.14, Table 16.14-1.D are permitted).

2.

Approval Criteria: Adjustments subject to the provisions of this section shall be granted if the applicant demonstrates compliance with all of the following criteria:

a.

The adjustment requested is required due to the lot configuration, or other conditions of the site;

b.

The adjustment does not result in the removal of trees, or it is proposed in order to preserve trees, if trees are present in the development area;

c.

The adjustment will not result in violation(s) of any other adopted ordinance or code standard; each code standard to be modified shall require a separate adjustment request.

d.

An application for an adjustment is limited to one lot or parcel per application.

e.

No more than three adjustments may be approved for one lot or parcel in 12 months.

B.

Class B Variances

1.

Generally

a.

The Class B variance standards apply to individual platted and recorded lots only.

b.

A variance shall not be approved that would vary the "permitted uses" or "prohibited uses" of a land use zoning district.

c.

Front yard setbacks: Up to a 10 percent change to the front yard setback standard in the land use district.

d.

Rear yard setbacks: Up to a 10 percent reduction of the dimensional standards for the rear yard setbacks required in the base land use district so long as the three foot setback is maintained if required by the Building Code requirements.

e.

Interior side yard setbacks: Variances to interior side yard setbacks for all residential housing types are not allowed.

f.

A 10% or less increase or decrease in other Code standards or dimensions not otherwise specifically identified in this section.

g.

Between 5 percent and 10 percent adjustment to one or more of the residential design standards of Section 16.14, Table 16.14-1.A—C.

2.

Approval Process: Class B variances and Residential Design Checklist with Class B Variance shall be reviewed using a Type II procedure. In addition to the application requirements contained in Chapter 16.72.010, the applicant shall provide a written narrative describing the reason for the variance, why it is required, alternatives considered, and compliance with the criteria in subsection 3.

3.

Approval Criteria (subject to the provisions of this section): The City shall approve, approve with conditions, or deny an application for a Class B Variance based on the following criteria:

a.

The variance requested is required due to the lot configuration, or other conditions of the site;

b.

The variance does not result in the removal of trees, or it is proposed in order to preserve trees, if trees are present in the development area;

c.

The variance will not result in violation(s) of any other adopted ordinance or code standard; each code standard to be modified shall require a separate variance request.

d.

An application for a Class B variance is limited to three or fewer lots per application.

e.

The variance will have minimal impact to the adjacent properties.

f.

The variance is the minimum needed to achieve the desired result and the applicant has considered alternatives.

C.

Class A Variances

1.

Generally

a.

The Class A variance procedure may be used to modify a standard for three (3) or fewer lots, including lots yet to be created through a partition process.

b.

An applicant who proposes to vary a standard for lots yet to be created through a subdivision process may not utilize the Class A variance procedure. Approval of a Planned Unit Development shall be required to vary a standard for lots yet to be created through a subdivision process, where a specific code section does not otherwise permit exceptions.

c.

A Class A Variance shall not be approved that would vary the "permitted, conditional or prohibited uses" of a land use district.

2.

Approval Process:

a.

Class A Variances shall be processed using a Type IV procedure, as governed by Chapter 16.84, using the approval criteria in subsection 3, below.

b.

In addition to the application requirements contained in Chapter 16.72.010, the applicant shall provide a written narrative describing the reason for the variance, why it is required, alternatives considered, and compliance with the criteria in subsection 3.

3.

Approval Criteria: The City shall approve, approve with conditions, or deny an application for a Class A Variance based on the following criteria:

a.

The proposed variance will not be materially detrimental to the purposes of this Code, to any other applicable policies and standards, and to other properties in the same land use district or vicinity;

b.

A hardship to development exists which is peculiar to the lot size or shape, topography, or other similar circumstances related to the property over which the applicant has no control, and which are not applicable to other properties in the vicinity (e.g., the same land use district);

c.

The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent that is reasonably possible while permitting reasonable economic use of the land;

d.

Existing physical and natural systems, such as but not limited to traffic, drainage, natural resources, and parks will not be adversely affected any more than would occur if the development occurred as specified by the subject Code standard;

e.

The hardship is not self-imposed; and

f.

The variance requested is the minimum variance that would alleviate the hardship.

(Ord. No. 2023-002, § 2, 3-7-2023; Ord. No. 2021-010, § 2, 12-7-2021; Ord. No. 2015-003, § 2, 3-17-2015; Ord. No. 2011-003, § 2, 4-5-2011)

This section recognizes that temporary uses serve a useful purpose in the life of the community. Temporary uses are characterized by their short-term or seasonal nature and by the fact that permanent changes are not made to the site. Such activities have a potential to have adverse impacts on surrounding property created by the temporary activity therefore specific requirements are necessary as discussed herein.

(Ord. No. 2012-001, § 2, 1-3-2012)

A.

Applicability

1.

Short-term events with an approved City of Sherwood Special Event Permit such as festivals, farmers markets and local events.

2.

Short-term events, two (2) weeks in duration or less, including but not limited to fireworks sales, tent sales, sidewalk sales, book sales, craft sales, tree sales or rummage sales.

3.

Tree and plant sales are limited to four (4) weeks in duration.

B.

Criteria

1.

No permit or review is required for short-term events that receive approval through the City of Sherwood Special Event Permit.

2.

No permit or review is required for short-term events described in section A.2 and A.3 above, however, they must meet the following criteria;

a.

The operations take place on private property for which the applicant has permission to use. No part of the site or use shall be located in the public right-of-way, unless a right-of-way permit has been previously granted by the City Engineer.

b.

The event must take place on an improved site that has received site plan approval per Chapter 16.90.

c.

The use shall not result in cars stacking onto a public street or interfering with on-site traffic circulation.

d.

Pedestrian pathways such as sidewalks, bike path, walkways and breezeways shall not be blocked.

e.

Wheelchair paths and handicapped parking spaces shall not be blocked.

f.

The use shall not eliminate required off street parking.

g.

Temporary uses shall obtain TVF&R approval, if applicable.

h.

Temporary uses permitted by these criteria are not exempt from any other required permits such as temporary portable sign permits, City business license, sanitation facility permits, electrical permits, or any other required city, county or state permit.

i.

The use shall comply with applicable noise, odor, nuisance, fire code and comply with other provisions of this Code.

j.

Food vendors are only permitted when associated with an approved special event permit or permitted as permanent outdoor sales and subject to 16.98.040.A.1.

C.

Enforcement

If a short-term event described in section A.2 and A.3 above is found to be out of compliance with the above criteria, the City shall enforce compliance or require the removal of the event in accordance with the City's code compliance procedures and 16.02.040.

(Ord. No. 2012-001, § 2, 1-3-2012)

A.

Applicability

Approval may be granted for structures or uses which are temporary or seasonal in nature, such as temporary sale offices within a model home or trailer, construction trailers and offices, and model homes provided such uses are consistent with the intent of the underlying zoning district and comply with other provisions of this Code. These activities are intended to be in use for a limited duration and shall not become a permanent part of a site.

B.

Application and Fee

An application for a temporary use shall be filed with the City and accompanied by the fee specified in the adopted fee schedule. The applicant is responsible for submitting a complete application which addresses all review criteria. Temporary use permits shall be subject to the requirements set forth in Chapter 16.72 and shall be evaluated pursuant to a Type I procedure.

C.

Permit Approval

1.

Findings of Fact

A temporary use permit (TUP) may be authorized by the City Manager or his/her designee pursuant to Chapter 16.72 provided that the applicant submits a narrative and detailed site plan that demonstrates that the proposed use:

a.

Generally conforms to the standards and limitations of the zoning district in which it is located.

b.

Meets all applicable City and County health and sanitation requirements.

c.

Meets all applicable Uniform Building Code requirements.

d.

On-site real-estate offices, Construction offices and construction trailers shall not be approved until land use approval and building permits, if applicable, have been issued.

e.

Complies with temporary outdoor sales standards, if applicable.

2.

Time Limits

The temporary use or structure shall be removed upon expiration of the temporary use permit, unless renewed by the City Manager or his/her designee.

a.

Temporary sale offices, construction offices and trailers, shall not be issued for a period exceeding one (1) year. The applicant may request a renewal for additional time to allow completion of the project provided that the applicant provides a narrative describing the need for additional time and an anticipated date of project completion.

b.

Other temporary uses, not otherwise exempt per 16.86.020.B, shall be issued a permit for up to one (1) year to accommodate the duration of the proposed temporary use.

Renewals may be provided as follows:

(1)

Temporary sales office: A renewal permit may be obtained for a period of one (1) year after providing a narrative discussing how the use will remain temporary and how the use is not and will not become permanent.

(2)

Model homes: A temporary use permit shall not be issued for a period exceeding two (2) years. The applicant may request a renewal for one (1) additional year provided that the applicant provides a narrative describing the need for additional time and the anticipated date to discontinue the model home use.

(3)

For all other temporary uses not defined as a temporary sales office or model home: a renewal permit may be obtained for a period of one year providing a narrative discussing how the use will remain temporary and how the use is not and will not become permanent.

(4)

A temporary use permit shall not be renewed for more than three consecutive years; however, a renewal may be obtained annually for uses that do not exceed a four-month period of time per year.

3.

Conditions

In issuing a temporary use permit, the City Manager or his/her designee may impose reasonable conditions as necessary to preserve the basic purpose and intent of the underlying zoning district. These conditions may include, but are not limited to the following:

a.

increased yard dimensions;

b.

fencing, screening or landscaping to protect adjacent or nearby property;

c.

limiting the number, size, location or lighting of signs;

d.

restricting certain activities to specific times of day; and

e.

reducing the duration of the temporary use permit to less than one (1) year.

4.

Revocation

Any departure from approved plans not authorized by the City Manager or his/her designee shall be cause for revocation of applicable building and occupancy permits. Furthermore if, in the City's determination, a condition or conditions of TUP approval are not or cannot be satisfied, the TUP approval, or building and occupancy permits, shall be revoked.

D.

Model Homes

This section permits the construction of model homes in conjunction with preliminary approval of residential subdivisions pursuant to Chapter 16.120, Subdivisions, of this title. When the use of the model home is discontinued, the structure converts to the intended use as a residential dwelling unit.

1.

Approval Criteria. A model home may be constructed and occupied only for the purposes set forth in this section and consistent with its definition prior to final plat recording and subject to the following approval criteria:

a.

Prior to the final plat recording, one model home may be constructed per legal lot of record if the lot had a previous residential home.

b.

If the model home is proposed prior to the final plat recording: The lot must be vacant, and the home foundation for the proposed model home(s) must be surveyed by a person who is registered in Oregon as a land surveyor and holds a valid certificate consistent with State Law. The surveys must establish the location of the model home structure consistent with the dimensional requirements of a lot on the approved preliminary residential subdivision.

c.

If the model home is proposed after the final plat recording, the applicant shall submit a plot plan showing the location of the model home structure is consistent with the dimensional requirements of a lot on the approved recorded plat.

d.

The proposed model home shall be in compliance with residential development standards in Chapter 16.12, including applicable dimensional requirements including, but not limited to, maximum height, minimum setbacks, and minimum lot size of the approved preliminary residential subdivision.

e.

Adequate parking shall be available to serve the model home site. No model home may be temporarily occupied where on-street parking is not available on a public right-of-way or private street that is immediately adjacent to the lot. Where adjacent on-street parking is inadequate, additional temporary off-street parking may be required. Temporary off-street parking must be removed and adequate landscaping installed consistent with this title, prior to any sale of the model home or lot. At least four parking spaces shall be provided for each model home, either off-street or on-street, and shall be shown on a site plan.

f.

Adequate emergency vehicle access shall be available to model home(s) during both construction and temporary occupancy, as approved by the City.

g.

Adequate water supply for firefighting, as approved by the City, shall be provided to each model home lot prior to installation of combustible materials.

h.

All required public and private utilities within the public right-of-way or private street shall be installed and accepted by the City prior to the model home being discontinued and converted to the intended use as a residential home. All utility installations must be inspected and accepted by the City consistent with this title.

i.

The number of model homes in a residential subdivision may be allowed as follows after plat recording:

1.

Between one (1) and ten (10) residential lots, one model home;

2.

Between eleven (11) and fifty (50) residential lots, three model homes;

3.

Between fifty-one (51) and one hundred (100) residential lots, five model homes;

4.

More than one hundred one (101) residential lots, seven model homes;

j.

If more than one model home is proposed, the model homes shall be contiguous to one another and within the same platted phase of the development.

k.

No variances under Chapter 16.84, Variances, shall be permitted to accommodate the model home.

l.

Water meter connection for a model home is prohibited unless all public improvements required by the subdivision have been constructed, inspected, and accepted by the City Engineering Department. If all public improvements have been constructed, inspected and accepted by the City, the model home must connect to the city's water and sanitary sewer system. A water meter must be installed upon converting the model home to the intended use as a residential home.

m.

Adequate pedestrian access must be available to the model homes, as approved by City of Sherwood Engineering Department.

2.

Remedial Action. In the event that the City determines the model home has encroached on a property line or has violated any applicable standards, the following steps shall be taken to correct the violation:

a.

The City shall provide notice to the applicant identifying the violation and requesting correction of the violation within sixty (60) days of the date of the notice. The City may require more or less time on a case-by-case basis. The time required to cure the encroachment does not extend or modify the timeline for submitting a final plat subject to section 16.120.050 or the termination of the model home approval as set forth below.

b.

The applicant shall correct the violation within the time provided in the notice unless otherwise agreed to by the City in writing.

c.

The City will not accept an application for a final plat until such time as the violation is corrected. In the event an application is already filed before the violation is detected, the City shall deny the final plat as not consistent with the preliminary approval unless the violation is corrected.

(Ord. No. 2023-002, § 2, 3-7-2023; Ord. No. 2012-001, § 2, 1-3-2012)

Where an interpretation is required as to the applicability of the provisions of this Code to a proposed land use which is not specifically listed or otherwise clearly indicated as allowed, conditionally allowed or prohibited, a written request for an interpretation may be submitted to the City Manager or his/her designee.

(Ord. No. 2012-011, § 2, 8-7-2012; Ord. 98-1053, § 1; Ord. 86-851)

The request shall be submitted with a fee pursuant to Section 16.74.020 and shall include information on the following characteristics of the proposed use:

A.

Description of the activity to be conducted on the site.

B.

Noise and odor characteristics.

C.

Description of material or product storage requirements.

D.

Amount and type of traffic to be generated.

E.

Description of the structures required.

(Ord. No. 2012-011, § 2, 8-7-2012; Ord. 86-851, § 3)

The City Manager or his/her designee may authorize a use to be included among the allowed uses, if the use 1) is similar to and of the same general type as the uses specifically allowed; 2) is consistent with the Comprehensive Plan; and 3) has similar intensity, density, off-site impacts and impacts on community facilities as uses permitted in the zone, and described in section 16.88.040 below. The action of the City Manager or his/her designee may be appealed to the Commission in accordance with Chapter 16.76.

(Ord. No. 2012-011, § 2, 8-7-2012; Ord. 98-1053, § 1; Ord. 86-851)

This chapter classifies land uses and activities into use categories on the basis of common functional, product, or physical characteristics. The use categories provide a systematic basis for assignment of present and future uses to zones. The decision to allow or prohibit the use categories in the various zones is based on the goals and policies of the Comprehensive Plan. Uses are assigned to the category whose description most closely describes the nature of the primary use. A primary use is the activity, or combination of activities of chief importance on the site, and the main purposes for which the land or structures are intended, designed, or ordinarily used. Accessory uses are uses or activities which are a subordinate part of a primary use and are clearly incidental to a primary use on site.

A.

Residential Use Types

1.

Residential uses are intended for habitation by one (1) or more individuals on a wholly or primarily non-transient basis. These uses usually include accommodations for cooking, sleeping, bathing, and similar common areas typically associated with habitation. Residential uses include, but are not limited to the following housing types:

(1)

Single-family detached - A structure consisting of a single dwelling unit which is for occupancy by one (1) or more persons on a single parcel or lot. Cottage clusters are a type of single family detached housing when each cottage is located on a single lot.

(2)

Single-family attached - A structure consisting of one (1) or more attached single dwelling unit which is for occupancy by one (1) or more persons on separate parcels or lots. Examples include but are not necessarily limited to townhomes.

(3)

Duplex - A structure consisting of two (2) dwelling units on the same parcel or lot. Two (2) family homes are commonly referred to as a duplex.

(4)

Triplex - Three (3) attached dwelling units, in any configuration, located on a single lot or parcel.

(5)

Quadplex - Four (4) attached dwelling units, in any configuration, located on a single lot or parcel.

(6)

Multi-Family dwelling - A structure consisting of five (5) or more dwelling units on the same parcel or lot. Multi-Familydwelling homes include, but are not limited to garden apartments, apartments, condominiums. Multi-family dwellings do not include townhomes, which are located on individual lots.

(7)

Institutional and residential care facilities — A facility licensed by or under the authority of the Department of Health and Human Services under ORS 443.400 to 443.460 which provides residential care alone or in conjunction with treatment or training or a combination thereof for six (6) to fifteen (15) individuals who need not be related. Examples include residential care homes, group homes, halfway homes, etc.

B.

Civic Use Types

1.

Civic uses are basic governmental and private services intended to provide for the basic living, religious, educational, recreational, cultural, protective, and other similar needs of all citizens within the community. Examples include but are not limited to:

(1)

Churches, mosques, temples and other religious facilities

(2)

Hospitals

(3)

Schools

(4)

Major and minor utilities

(5)

Transportation facilities

(6)

Police and fire stations

(7)

Post offices

(8)

Senior centers

(9)

Community centers

(10)

 Libraries

(11)

 Museums

(12)

 Fraternal lodges

(13)

 Veterans organizations

(14)

 Public parking garages

(15)

 Cemeteries and crematory mausoleums

(16)

 Public gardens, parks, trails, and playfields

(17)

 Government offices

(18)

 Treatment plants

(19)

 Public works yards

2.

Wireless communication uses are uses that are associated with the provision of cellular, broadband, or other communication types that involve the placement of towers, relay stations, and similar infrastructure to provide service. Generally, wireless communication facilities include:

(1)

Towers

(2)

Transmitters

(3)

Antennae

(4)

Similar infrastructure intended to be protected by the Telecommunications Act of 1996.

C.

Commercial Use Types

1.

Commercial use types are uses that include the sale or rental of goods and services that are customarily associated with those businesses that are not considered to be civic or industrial uses. Examples of commercial use types can be identified through several different subcategories as follows:

a.

Entertainment and recreation uses are establishments providing participant or spectator recreation or entertainment, either indoors or outdoors, for a fee or admission charge. Illustrative examples of commercial recreation and entertainment uses include:

(1)

Adult entertainment businesses

(2)

Theaters or cinemas

(3)

Drive-in theaters

(4)

Country clubs

(5)

Recreational vehicle parks

(6)

Private sports and racquet clubs

(7)

Golf courses

(8)

Arcades or electronic game centers

(9)

Health and fitness clubs

(10)

 Bowling alley

(11)

 Ice/roller skating rinks

b.

Hospitality and lodging uses are uses that provide temporary, short term lodging including:

(1)

Bed and breakfast means a dwelling unit that offers guest rooms or suites for a fee for a limited period of time not to exceed thirty (30) days, with incidental eating and drinking service provided from a single kitchen for guests only.

(2)

Hotel means an establishment that provides guest rooms or suites for a fee to transient guests for sleeping purposes. Access to units is primarily from interior lobbies, courts, or halls. Related accessory uses may include conference and meeting rooms, restaurants, bars, and recreational facilities. Guest rooms may or may not contain kitchen facilities for food preparation (i.e., refrigerators, sinks, stoves, and ovens). Hotels with kitchen facilities are commonly known as extended stay hotels.

(3)

Motel means an establishment that provides guest rooms for a fee to transient guests for sleeping purposes. Guest rooms do not contain kitchen facilities. A motel is distinguished from a hotel primarily by direct independent access to, and adjoining parking for, each guest room.

c.

Motor vehicle related uses include the sales, servicing, rental, and storage of motorized vehicles including automobiles, trucks, motorcycles, boats, recreational vehicles, trailers, helicopters, airplanes, scooters, construction equipment, tractors, semi-trucks, and similar type uses. This category includes:

(1)

Motorized vehicle and sport craft repairs and service

(2)

Automotive, boat, trailer and recreational vehicle storage.

(3)

Vehicle fueling stations

(4)

Car wash facilities

(5)

Junkyards

(6)

Salvage yards

(7)

Manufactured home sales and display areas.

d.

Office and professional services uses are uses where business services are provided to the general public, or in some cases, where professional services (e.g., accounting, architectural, engineering, legal, planning, psychological, psychiatric, etc.) are provided. Office and Professional Services generally provide clerical, duplicating, photocopying, mailing services, fax and computer services, executive, management, or administrative services for private firms or organizations. Office and Professional Services uses do not include medical and dental offices. Examples of office and professional services include, but are not limited to:

(1)

Law offices

(2)

Architecture and engineering offices

(3)

Accounting offices

(4)

Call centers

(5)

Financial, insurance, and real estate offices

e.

Medical and dental office uses are offices that provide personal health services including prevention, diagnosis, treatment, and rehabilitation services provided by physicians, naturopaths, dentists, physician assistants, physical therapists, chiropractors, massage therapists, and similar uses. Medical laboratories are allowed under this classification as an accessory use. Examples include, but are not limited to:

(1)

Clinics

(2)

Veterinary offices

(3)

Animal hospitals

(4)

Dentist offices

(5)

Doctors' offices

(6)

Urgent care facilities

f.

Childcare uses are uses that provide nonmedical care for children on less than a twenty-four (24) hour basis that are regulated under the most current Oregon Revised Statute ORS 657A. Childcare uses do not include facilities providing care that is primarily group athletic or social activities sponsored by or under the supervision of an organized club or hobby group Childcare uses include the following uses:

(1)

In-home daycare means any use that provides day care to fewer than six (6) children within the care givers primary residence.

(2)

Daycare Facility means any facility that provides day care to six (6) or more children, including a child day care center or group day care home, including those known under a descriptive name, such as nursery school, preschool, kindergarten, child playschool, child development center, except for those facilities excluded by law, and family day care providers as defined by this code. This term applies to the total day care operation and it includes the physical setting, equipment, staff, provider, program, and care of children.

g.

General retail uses are uses that engage in the sale or rental of commonly used merchandise and goods that are consumed for everyday living. The City of Sherwood classifies general retail uses into large format and small format. Large format facilities are ten thousand (10,000) square feet or greater and small format are retail facilities that are less than ten thousand (10,000) square feet. General Retail uses may include but are not limited to:

(1)

Grocery stores

(2)

Department stores

(3)

Convenience stores without fuel sales

(4)

Furniture stores

(5)

Hardware stores

(6)

Pharmacies

(7)

Book stores

(8)

Electronics stores

(9)

Auto parts stores

(10)

 Sporting goods stores

(11)

 Toy stores

(12)

 Jewelry stores

h.

Personal services uses are uses that people come to rely on for their personal needs, but are not necessarily required on a daily basis. Examples of personal service uses include, but are not limited to:

(1)

Barbershops and beauty salons

(2)

Dry cleaning pick-up stores with limited equipment

(3)

Laundromats (self-service laundries)

(4)

Locksmiths

(5)

Shoe repair shops

(6)

Tailors and seamstresses

(7)

Health and fitness clubs

(8)

Dance or music studios

(9)

Pet grooming

(10)

 Indoor pet daycare

i.

Eating and drinking establishments are uses that sale prepared food and beverages for consumption on or off of the site on which the business sits. Examples include but are not limited to:

(1)

Restaurants (including drive-through, fast food, and sit-down)

(2)

Taverns and lounges

(3)

Coffee shops

(4)

Ice cream shops

(5)

Sandwich shops

D.

Industrial Use Types

1.

Distribution, warehousing, and storage uses are uses that engage in warehousing, storing, or distributing goods primarily to retailers; to industrial, commercial, institutional, or professional businesses. Generally, these uses are not open to the public. Uses within this category, may include but are not limited to:

(1)

Moving companies

(2)

Mini-storage

(3)

Specific retail storage and distribution

(4)

Freight delivery

(5)

Beverage distribution.

2.

Laboratory uses are facilities that primarily engage in the research, development, and controlled production of electronic, industrial, medical, dental, biotechnological, and scientific commodities.

3.

Metal fabrication and engineering uses are uses that involve the design and processing of metals to create new products. Examples include but are not limited to:

(1)

Machine shops

(2)

Fabrication shops

(3)

Welding shops

4.

Small-scale industrial service uses are uses that manufacture finished parts or products primarily from previously prepared materials; and provide industrial services within an enclosed building. These uses include the outdoor storage of products, materials, equipment, or bulk fuels. Examples include uses that assemble and process food products, appliances, textiles and fiber products, pottery, glass, small electronics, maintenance equipment, vending machines, cosmetics, and tools. This category may also include:

(1)

Contractor's storage and equipment yards

(2)

Laundry and dry cleaning plants

(3)

Fabric dyeing facilities

(4)

Auto dismantling within an enclosed building

(5)

Manufacture of stone works and concrete products (excluding concrete ready-mix plants)

(6)

Commercial bakeries

(7)

Small scale energy facilities include facilities, such as solar panels, that produce energy but are generally not visible from neighboring properties, with the exception of facilities attached to a building that do not exceed the height limits of the underlying zone and do not exceed the building height by more than twenty-five (25) percent.

5.

Large-scale industrial service uses are uses that use mechanical or chemical transformation of materials or substances to manufacture or process new products. The land uses engaged in these activities are usually described as plants, factories or mills and characteristically use power-driven machines and materials handling equipment. Establishments engaged in assembling component parts of manufactured products are also considered under this classification. Also included, is the blending of materials such as lubricating oils, plastic resins, or metals. Examples of large-scale industrial service uses include, but are not limited to:

(1)

Sawmills

(2)

Pharmaceutical manufacturers

(3)

Pulp and paper mills

(4)

Distillation of oil, coal, wood, or tar compounds and the creosote treatment of products

(5)

Metal rolling and extraction mills

(6)

Forge plants

(7)

Smelters

(8)

Blast furnaces

(9)

Sand and gravel pits

(10)

 Rock crushing facilities

(11)

 Aggregate storage and distribution facilities

(12)

 Concrete or asphalt batch plants

(13)

 Solid waste transfer stations

(14)

 Large scale energy facilities are facilities that generally exceed the impacts associated with a small-scale energy facility, and may include power plants, solar farms, and other similar uses.

6.

Hazardous facilities are uses that manufacture, process, or dispose of chemicals and compounds that are determined by a public health official to be detrimental to the health, safety, and welfare of the community and may include acids, paints, dyes, toxins, explosive materials, ammonia, chlorine, sodium compounds, fertilizers, herbicides, insecticides, and similar chemicals or compounds.

E.

Agriculture Use Types

1.

Agricultural uses are uses that facilitate farming and horticulture. Allowed uses include the sales and rental of farm equipment, farm activities as defined by ORS 215, which states, ""farm use" means the current employment of land for the primary purpose of obtaining a profit in money by raising, harvesting and selling crops or the feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals or honeybees or for dairying and the sale of dairy products or any other agricultural or horticultural use or animal husbandry or any combination thereof. "Farm use" includes the preparation, storage and disposal by marketing or otherwise of the products or by-products raised on such land for human or animal use. "Farm use" also includes the current employment of land for the primary purpose of obtaining a profit in money by stabling or training equines including but not limited to providing riding lessons, training clinics and schooling shows. "Farm use" also includes the propagation, cultivation, maintenance and harvesting of aquatic, bird and animal species that are under the jurisdiction of the State Fish and Wildlife Commission, to the extent allowed by the rules adopted by the commission. "Farm use" includes the on-site construction and maintenance of equipment and facilities used for the activities described in this subsection.

(Ord. No. 2022-004, § 2, 6-13-2022; Ord. No. 2021-010, § 2, 12-7-2021; Ord. No. 2012-011, § 2, 8-7-2012)