Chapter 4.9
Miscellaneous Permits
Sections:
4.9.110 Home Occupation Permits
4.9.120 Historic Alteration and Demolition Permits
4.9.130 Temporary Manufactured Home Hardship Permit
4.9.100 Temporary Use Permits
Temporary uses are characterized by their short term or seasonal nature and by the fact that permanent improvements are not made to the site. Temporary uses include, but are not limited to: construction trailers, leasing offices, temporary carnivals and fairs, parking lot sales, retail warehouse sales, and seasonal sales such as Christmas tree sales and vegetable stands. Three types of temporary uses require permit approval:
A. Seasonal and Special Events. These types of uses occur occasionally and for no longer a period than 30 days. Using the Type I procedure under Chapter 4.2, Section 4.2.120, the City may approve, approve with conditions or deny a temporary use permit. Approval shall be based on findings that all of the following criteria are satisfied:
1. The use is permitted in the underlying land use district and does not violate any conditions of approval for the property (e.g., prior development permit approval);
2. The applicant has proof of the property owner’s permission to place the use on his/her property;
3. There is sufficient parking (on-site and off-site) to accommodate the temporary use and other uses on the site, pursuant to Chapter 3.4 – Vehicle and Bicycle Parking. The City may require the applicant to provide evidence additional off-site parking is secured.
4. The use provides adequate vision clearance, as required by Chapter 3.2, Section 3.2.120.M and shall not obstruct pedestrian access on public streets;
5. Ingress and egress are safe and adequate when combined with the other uses of the property; as required by Section 3.2.120 - Vehicular Access and Circulation;
6. The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibrations, glare or lights that affect an adjoining use in a manner which other uses allowed outright in the district do not affect the adjoining use; and
7. The use is adequately served by with sewage disposal and potable water, if applicable.
8. If required by the City and prior to the event, the applicant provides evidence of insurance coverage in an amount designated by the City and provides evidence that other required permits have been obtained.
B. Temporary Sales Office or Model Home. Using a Type I procedure under Section 4.2.120, the City may approve, approve with conditions or deny an application for the use of any real property within the City as a temporary sales office, offices for the purpose of facilitating the sale of real property, or model home in any subdivision or tract of land within the City, but for no other purpose, based on the following criteria:
1. Temporary sales office:
a. The temporary sales office shall be located within the boundaries of the subdivision or tract of land in which the real property is to be sold; and
b. The property to be used for a temporary sales office shall not be permanently improved for that purpose.
2. Model house:
a. The model house shall be located within the boundaries of the subdivision or tract of land where the real property to be sold is situated; and
b. The model house shall be designed as a permanent structure that meets all relevant requirements of this Code.
C. Temporary Building. Using a Type I procedure in Section 4.2.120, the City may approve, approve with conditions or deny an application for a temporary trailer or prefabricated building for use on any real commercial or industrial property within the City as a temporary commercial or industrial office or space associated with the primary use on the property, but for no other purpose, based on following criteria:
1. The temporary trailer or building shall be located within the boundaries of the parcel of land on which it is located;
2. The primary use on the property to be used for a temporary trailer is under construction or has already been developed on the site;
3. Ingress and egress are safe and adequate when combined with the other uses of the property; as required by Chapter 3.2, Section 3.2.120 - Vehicular Access and Circulation
4. There is adequate parking for the customers or users of the temporary use as required by Chapter 3.4 – Vehicle and Bicycle Parking.
5. The use will not result in vehicular congestion on streets;
6. The use will pose no hazard to pedestrians in the area of the use;
7. The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibrations, glare or lights that affect an adjoining use in a manner which other uses allowed outright in the district do not affect the adjoining use;
8. The building complies with applicable building codes;
9. The use can be adequately served by sewage disposal and potable water, if applicable. (The applicant shall be responsible for obtaining any related permits); and
10. The length of time that the temporary building will be used does not exceed one year. When a temporary building exceeds this time frame, the applicant shall be required to remove the building, or renew the temporary use permit. The trailer or building will be removed from the site prior to the expiration date of the temporary use permit.
4.9.110 Home Occupation
The purpose of this section is to encourage those who are engaged in small commercial ventures which could not necessarily be sustained if it were necessary to lease commercial quarters or which, by the nature of the venture, are appropriate in scale and impact to be operated within a residence.
Home occupations are encouraged for their contribution in reducing the number of vehicle trips often generated by conventional businesses. They are permitted by right in all residential units (dwellings), subject to the following standards:
A. Appearance of Residence:
1. The home occupation shall be restricted to lawfully-built enclosed structures and be conducted in such a manner as not to give an outward appearance of a business.
2. The home occupation shall not result in any structural alterations or additions to a structure that will change its primary use or building code occupancy classification.
3. The home occupation shall not violate any conditions of development approval (i.e., prior development permit approval).
4. No products and or equipment produced or used by the home occupation may be displayed to be visible from outside any structure.
B. Storage:
1. Outside storage, visible from the public right-of-way or adjacent properties, is prohibited.
2. On-site storage of hazardous materials (including toxic, explosive, noxious, combustible or flammable) beyond those normally incidental to residential use is prohibited.
3. Storage of inventory or products and all other equipment, fixtures, and activities associated with the home occupation shall be allowed in any structure.
C. Employees:
1. Other than family members residing within the dwelling located on the home occupation site, there shall be no more than one full time equivalent employee at the home occupation site at any given time. As used in this Chapter, the term “home occupation site” means the lot on which the home occupation is conducted.
2. Additional individuals may be employed by or associated with the home occupation, so long as they do not report to work or pick up/deliver at the home.
3. The home occupation site shall not be used as a headquarters for the assembly of employees for instruction or other purposes, including dispatch to other locations.
D. Advertising and Signs: Signs shall comply with Chapter 3.6, Section 3.6.100. In no case shall a sign exceed the Residential District standard of 6 square feet (e.g., 2 feet by 3 feet).
E. Vehicles, Parking and Traffic:
1. One commercially-licensed vehicle associated with the home occupation is allowed at the home occupation site. It shall be of a size that would not overhang into the public right-of-way when parked in the driveway or other location on the home occupation site.
2. There shall be no commercial vehicle deliveries during the hours of 7 p.m. to 7 a.m.
F. Business Hours. There shall be no restriction on business hours, except that clients or customers are permitted at the home occupation from 7 a.m. to 7 p.m. only, subject Sections A and E, above.
G. Prohibited Home Occupation Uses:
1. Any activity that produces radio or TV interference, noise, glare, vibration, smoke or odor beyond allowable levels as determined by local, state or federal standards, or that can be detected beyond the property line is prohibited.
2. Any activity involving on-site retail sales is prohibited, except that the sale of items that are incidental to a permitted home occupation is allowed. For example, the sale of lesson books or sheet music from music teachers, art or craft supplies from arts or crafts instructors, computer software from computer consultants, and similar incidental items for sale by home business are allowed subject to A-F, above.
3. Any uses described in this section or uses with similar objectionable impacts because of motor vehicle traffic, noise, glare, odor, dust, smoke or vibration, such as:
a. Animal hospital, veterinary services, kennels or animal boarding;
b. Auto and other vehicle repair, including auto painting;
c. Repair, reconditioning or storage of motorized vehicles, boats, recreational vehicles, airplanes or large equipment on-site;
H. Enforcement: The City Planner or designee may visit and inspect the site of home occupations in accordance with this Chapter periodically to insure compliance with all applicable regulations, during normal business hours, and with reasonable notice. Code violations shall be processed in accordance with Chapter 1.4 - Enforcement.
4.9.120 Historic Alteration and Demolition Permits
The Halsey Comprehensive Plan, Appendix A, contains Historic Resource provisions related to the Register of Historic Resources. The Register is on file at City Hall.
A. Purpose and Applicability. The purpose of this section is to encourage the preservation of Halsey’s historic resources through the establishment of procedures to review and act upon applications for permits to alter or demolish those resources. The provisions of this section apply to all properties listed on the Halsey Register of Historic Resources.
B. Alteration and Demolition Permits Required. A Type III permit is required for alteration or demolition of any resource listed on the Halsey Register of Historic Resources.
1. Alteration, as governed by this section, means the addition to, removal of, or change in the exterior part of a historic resource but shall not include paint color.
2. Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature that does not involve a change in design, material, or external appearance thereof. Nor does this section prevent the construction, reconstruction, alteration, rehabilitation, restoration, demolition, or removal of any such feature when the Building Official determines there is a threat to public safety due to a dangerous condition.
3. Exception. A permit is not required under this section for the alteration of an historic resource when the review of the proposed alteration is required by an agency of the state or federal government.
C. Review Procedures. The Planning Commission shall review all applications to demolish or alter any historic resource listed on the Halsey Register of Historic Resources.
1. Application. A property owner or authorized agent may initiate a request for alteration or demolition of an historic resource by filing an application at City Hall. The application shall include applicable information from the requirements for Site Design Review (See Chapter 4.3). In addition, applications for alteration shall include drawings of the structure before and after the proposed alteration.
2. Before the Commission may act on an application for alteration or demolition of an historic resource, it shall hold a public hearing in accordance with the hearing procedures in Chapter 4.2, Section 4.2.140. Notice shall be mailed to the State Historic Preservation Office in addition to the owner, and any person requesting notice of historic alteration and demolition permit applications.
D. Decision Alternatives.
1. Alteration Review. The Planning Commission shall take one of the following actions on an application for alteration of an historic resource:
a. Approve the request as submitted;
b. Approve the request with modifications, conditions, or recommendations; or
c. Deny the request.
2. Demolition Review. The Planning Commission shall take one of the following action on an application for demolition of an historic resource:
a. Allow immediate issuance of a demolition permit.
b. Require a delay in the issuance of the permit for up to 90 days. During this period, the City shall attempt to determine if public or private acquisition and preservation are feasible or if other alternatives exist which could prevent demolition of the resource.
c. In the case of approval of the permit, recommend to the property owner that the City be allowed to take several black and white photographs of the resource prior to demolition. Any photographs shall be kept on file at the Linn County Historical Museum or other suitable location as permanent historic record.
E. Criteria for Alteration Review. To preserve the historical and architectural integrity of historic resources and to provide for public safety, recommendations shall be based on applicable state and local codes and ordinances related to building, fire, life, and safety, and the following criteria:
1. The removal or alteration of any historical marker or distinctive architectural features shall be avoided when possible.
2. Alterations which include materials of a design not in keeping with the historic appearance of the building or structure shall be discouraged.
3. Alterations which have taken place over the course of time are part of the history and development of the building or structure. These alterations may be significant in their own right and should also be taken into consideration.
4. Distinctive stylistic features or examples of skilled craftsmanship should be treated carefully and retained wherever possible.
5. Deteriorated architectural features shall be repaired, rather than replaced, whenever possible.
a. If it is necessary to replace deteriorated architectural features, new materials shall match in terms of composition, design, color, and texture.
b. Repair or replacement of missing architectural features should be based on accurate duplications of features substantiated by historic, physical, or pictorial evidence rather than on the availability of architectural elements from other buildings or structures.
c. The design is compatible with the size, scale, and material of the historic building or structure and is compatible with the character of the neighborhood.
F. Criteria for Demolition Review. In any decision concerning the demolition of an historic resource, the following shall be considered:
1. The state of repair of the building and the economic feasibility of rehabilitation;
2. Hardship of the applicant;
3. The quantity and quality of other historic resources in the city comparable in terms of type and style;
4. The existence of a program or project which could result in preservation of the structure; and
5. The character of the neighborhood in which the resource is located.
4.9.130 Temporary Manufactured Home Hardship Permit
A. Purpose. The purpose of this section is to provide for the temporary placement of a manufactured home under verified circumstances related to either a medical hardship or advanced age of a resident of the property which requires the provision of supervised care and assistance on a continuing basis, and to assure the temporary nature and continuing validity of the manufactured home placement as a second dwelling on the property to meet the hardship circumstances.
B. Procedure for Approval of a Temporary Hardship Manufactured Home.
1. A Type III permit is required for the approval of a placement of a temporary hardship manufactured home on a lot. At the time of application, the applicant shall provide the necessary information to meet the requirements and standards for placement of the temporary hardship manufactured dwelling. The application shall include a site plan showing where the manufactured dwelling will be placed on the lot and the distances between it and the principle dwelling on the lot and all property lines.
2. The planning commission shall hold a public hearing on the application. The planning commission shall approve, conditionally approve, or deny the application.
3. Notice of the planning commission public meeting shall be mailed to all owners of property which abut the lot where the temporary hardship manufactured home is to be placed.
4. The decision of the planning commission may be appealed to the city council as provided for in Chapter 4.2, Section 4.2.140.I.
C. Standards and Requirements for Temporary Hardship Manufactured Homes. A manufactured home may be temporarily placed on a lot in hardship circumstances when the following standards and requirements are met:
1. A licensed Oregon physician has certified that a medical hardship exists and the afflicted person requires daily supervision and care; or, the person to be cared for has provided documentation of being 70 years of age of older.
2. The temporary hardship manufactured home is placed on the same lot as the principle dwelling.
3. The person with the hardship will occupy the temporary hardship manufactured home and the person(s) providing the care and assistance will occupy the principle dwelling on the lot.
4. The person(s) providing care for the person(s) with the hardship agree in writing to remove the temporary hardship manufactured home within 90 days after the hardship condition no longer applies to the manufactured home.
5. The manufactured home placement complies with all applicable zoning ordinance provisions or the appropriate variances have been obtained.
6. An additional plumbing hookup to the existing sewer line on the property shall be required. The hookup shall comply with the Oregon State Plumbing Code and all applicable city ordinances.
D. Biannual Review. Each permit for the placement of a temporary hardship manufactured home shall be reviewed on a biannual basis by the planning commission. At the time of review each permit holder shall be required to verify in writing that all of the circumstances which applied at the time of initial approval are still in effect.
E. Removal of Temporary Hardship Manufactured Home. The manufactured home shall be removed from the property within 90 days of the time the temporary hardship no longer exists. All additional utility hookups to serve the manufactured home shall either be removed or disconnected so that they are no longer visible within 90 days of the time the temporary hardship no longer exists.
F. Temporary Hardship Permit Not Transferable. This permit is not transferable to other persons or property.