Chapter 16.25
PERMITTED USES GENERALLY

Sections:

16.25.100    Uses permitted in all zones.

16.25.200    Permitted secondary and accessory structures and uses.

16.25.300    Permitted temporary uses.

*    Terms defined in Chapter 16.49 MCC.

16.25.100 Uses permitted in all zones.

The following uses, facilities and activities, whether primary, accessory, secondary or temporary, are permitted in all zones subject to compliance with the requirements in Chapter 16.24 MCC and Chapters 16.26 through 16.34 MCC, except when specifically prohibited or when a conditional use is required in the applicable primary or overlay zones:

A. Public rights-of-way and easements existing at the time of adoption of this title, including public streets, roads, utilities and road signs installed by a public agency located therein.

B. Expansion and realignment of existing right-of-way and easements, including improvement and construction of streets, roads and utilities in conformance with the applicable comprehensive plan and the standards of the department of public works. Street right-of-way shall not be expanded to a greater width than twice the special setback in MCC 16.27.210 unless the expansion is necessary to include cut and fill slopes. Realignment shall not create any new parcels.

C. Establishment of new public right-of-way and easements, including construction of streets, roads and utilities in conformance with the applicable comprehensive plan, the standards of the department of public works, and the provisions of Chapter 16.33 MCC. Street right-of-way shall not be greater in width than twice the special setback in MCC 16.27.210 unless the greater width is necessary to include cut and fill slopes.

D. Railroad tracks and related structures and facilities located within rights-of-way controlled by railroad companies.

E. Use of nongeothermal groundwater, natural or manmade waterways and impoundments, and related structures and facilities for supply associated with permitted uses.

F. Creation, restoration, or enhancement of wetlands as defined in ORS 197.015(17).

G. Condominium* buildings. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 25.10.]

16.25.200 Permitted secondary and accessory structures and uses.

The following secondary and accessory uses and structures shall be permitted on a lot with a primary use and are subject to the limitations and requirements in Chapters 16.24, 16.25, 16.26, 16.27, and 16.28 MCC, and the requirements in any applicable overlay zone:

A. The following accessory structures and uses are permitted on a lot in any zone in conjunction with a permitted dwelling or mobile home:

1. Decks and patios (open, covered, or enclosed);

2. Storage building for firewood, equipment used in conjunction with dwelling and yard maintenance, personal property (except vehicles) not in conjunction with any commercial or industrial business other than a home occupation;

3. Vegetable gardens, orchards and crop cultivation for personal use, including greenhouses. No sale of produce is permitted;

4. Sauna;

5. Hobby shop;

6. Shelter for pets;

7. Fallout shelters;

8. Swimming pools and hot tubs;

9. Guest facility*:

a. Only one guest facility is allowed per contiguous property ownership; and

b. Total combined maximum floor area shall not exceed 600 square feet, including all levels and basement floor areas; and

c. No stove top, range, or conventional oven is allowed; and

d. All water, sewer, electricity and natural gas services for the guest facility shall be extended from the primary dwelling services; no separate meters for the guest facility shall be allowed; and

e. The guest facility shall be located within 100 feet of the primary use dwelling on the same property measured from the closest portion of each structure; and

f. The guest facility shall use the same septic system as the primary use dwelling, except when a separate system is required by the building inspection division due to site constraints, or failure of the existing system, or where the size or condition of the existing system precludes its use, additional drain lines may be added to an existing system, when appropriate; and

g. The guest facility shall not be occupied as a dwelling unit; and

h. The guest facility shall not have an address;

i. Declaratory statement shall be recorded requiring compliance with the standards in this subsection;

10. Rooming* or boarding* of up to two persons in a dwelling;

11. Pets*, provided a conditional use permit is required if there are more than 10 mammals over four months old. No birds or furbearing animals, other than pets, and no livestock, or poultry, other than hens as outlined in Chapter 6.15 MCC, are permitted in residential zones;

12. Beekeeping as outlined in MCC Title 6 (Animals);

13. One recreational vehicle space* (see MCC 16.26.410);

14. One additional kitchen in a single-family dwelling, subject to the filing of a declaratory statement;

15. Offering to sell five or less vehicles* owned by the occupants of the dwelling in any calendar year;

16. Garages* and carports* for covered vehicle parking;

17. Child foster home*;

18. Sleeping quarters for domestic employees of the resident of the dwelling or mobile home.

B. Fences are a permitted accessory or secondary use in all zones subject to the requirements in Chapter 16.28 MCC.

C. Transit stop shelters and school bus stop shelters are a permitted secondary use in all zones. Shelters shall not be located within a required vision clearance area and shall not be located more than 10 feet from a street right-of-way.

D. Parking of vehicles in a structure or outdoors is a permitted accessory use in conjunction with a dwelling in any zone provided:

1. The vehicles are owned by the occupant of the lot or domestic employees of the occupant; and

2. Vehicles parked outdoors in a residential zone may be parked in a space within the front yard meeting the requirements for required parking in MCC 16.30.140; or they may be parked elsewhere on the lot where accessory buildings are permitted provided the parking area is screened by a six-foot-high sight-obscuring fence, wall or hedge from other lots in a residential zone. On a lot in the RS zone, not more than three vehicles shall be parked within required yards adjacent to streets; and

3. Vehicles parked on a lot in a residential zone shall be for the personal use of the occupants of the dwelling or the personal use of an employee of an approved conditional use home occupation. One vehicle used in conjunction with other employment may be parked on the lot; provided, that in the RS, RL, and RM zones the vehicle shall be parked in an enclosed structure if it is rated at more than one ton capacity.

E. One manager’s office of 200 square feet or less for rental of dwellings is a permitted accessory use in the RL and RM zones.

F. Mobile classrooms and dormitories* for students are a permitted accessory use in conjunction with public or private elementary and secondary schools (SIC 8211).

G. Parsonage in conjunction with a religious organization*.

H. Subject to the requirements in subsection (H)(2) of this section, uses permitted outright in certain zones are permitted as an accessory use in a more restrictive zone as follows:

1. Uses permitted in MCC 16.05.010 of the CO zone are allowed as an accessory use in the RM zone when the lot is contiguous to a commercial zone. Uses permitted in MCC 16.06.010 of the CR zone, other than a medical marijuana dispensary*, are an accessory use in the CO zone. Uses permitted in MCC 16.07.010 of the CG zone are allowed as an accessory use in the CR zone. Uses permitted in MCC 16.11.010 of the IG zone are permitted as accessory uses in the IP zone.

2. Requirements.

a. The area occupied by accessory uses permitted in subsection (H)(1) of this section shall not exceed 40 percent of the area occupied by uses permitted outright or conditionally in the primary or overlay zones.

b. Any development requirements in Chapters 16.24 and 16.26 through 16.34 MCC shall be met for the accessory use as if it was a primary use.

c. The accessory use shall be located on the same lot as the primary use and any structures associated with the accessory use shall be owned or leased by the owner of the primary business.

d. The allowance of accessory uses in a more restrictive zone shall not be considered a basis for a zone change to a less restrictive zone.

I. Parking of vehicles in a structure or outdoors is a permitted accessory or secondary use in the CR, CG, HC, IC, IP, P, and UT zones provided:

1. The vehicles are owned by the occupant of the lot or employees of the occupant;

2. If vehicles are stored outdoors, the parking area is enclosed by a six-foot-high sight-obscuring fence, wall, hedge or berm; surfaced as required in MCC 16.30.210; and lighting complies with MCC 16.30.220; and

3. If vehicles are parked outdoors, the vehicles shall be operational, used in conjunction with the primary use of the lot, and if more than one vehicle is parked, the area is screened by a six-foot-high sight-obscuring fence, wall or hedge from lots in residential zones and from streets.

J. Drop stations* are permitted in CR, CG and HC zones.

K. One manager’s office for rental of space in an industrial zone provided the office is within a development with at least 10 separately rentable buildings.

L. Retail sales or offices in a building in conjunction with a use in an industrial zone provided:

1. The floor area of the retail sales or offices shall not be more than 30 percent of the floor area of the industrial use;

2. The development requirements in Chapters 16.24 and 16.26 through 16.34 MCC are met for the accessory use as if it was a primary use; and

3. The accessory use shall be located on the same lot as the primary use and the building shall be owned or leased by the industrial business owner.

M. Accessory and secondary uses not otherwise permitted may be allowed as a conditional use provided the use is consistent with the definition of accessory or secondary and is compatible with the purpose of the zone and land uses on adjacent lots.

N. A solar photovoltaic energy system or solar thermal energy system is permitted on residential and commercial structures, provided:

1. The installation of the system will not increase the footprint of the structure or peak height of the portion of the roof on which the system is installed; and

2. The system will be mounted so that the plane of the system is parallel to the slope of the roof; and

3. Installations on historic buildings or landmarks, on buildings in a historic district, on conversation landmarks, or on buildings located in an area designated as a significant scenic resource shall be constructed of material designated as either anti-reflective or less than 11 percent reflective.

O. One accessory dwelling unit provided as follows:

1. In a single-family residential or urban development zone, an interior, attached or detached accessory dwelling unit subject to the standards in MCC 16.26.100;

2. In an urban transition zone, an interior or attached accessory dwelling unit subject to the standards in MCC 16.26.100;

3. The area of the parcel containing an ADU cannot be divided from the area of the parcel containing the main dwelling;

4. A property owner constructing an ADU shall record a deed restriction acknowledging the use and development standards in this subsection and MCC 16.26.100;

5. A recreational vehicle is not permitted to be used as an ADU;

6. ADUs are exempted from the density standards in MCC 16.27.050;

7. An existing, nonconforming ADU may be determined to be conforming through the adjustment process provided for in Chapter 16.41 MCC; and

8. As used in this subsection, interior means construction inside a dwelling or attached garage; attached means an addition to a dwelling or attached garage or a new structure constructed within five feet of a dwelling or attached garage; detached means an existing or new structure, including manufactured dwelling, located more than five feet from a dwelling or attached garage. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1408 § 4 (Exh. A), 2019; Ord. 1397 § 4 (Exh. B), 2019; Ord. 1382 § 4 (Exh. B), 2017; Ord. 1372 § 4 (Exh. A), 2016; Ord. 1369 § 4 (Exh. B), 2016; Ord. 1360 § 4 (Exh. A), 2015; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 25.20.]

16.25.300 Permitted temporary uses.

The following temporary uses shall be permitted subject to the following limitations and requirements and the requirements in applicable overlay zones:

A. Outdoor amusements, Christmas trees or fireworks sales, specialty sales and services from a vehicle or temporary structure, outdoor display and sale of flowers or other specialty items, are permitted as secondary uses in CR, CG and HC zones provided each activity is located on the same lot for no more than 60 days in any calendar year, does not reduce required parking for primary uses on the same lot to less than required in MCC 16.30.170, or create traffic congestion at driveway entrances or in parking aisles.

B. Mobile offices and temporary structures to house personnel and store equipment during construction provided the office is not used as a dwelling.

C. Temporary roadside stands in conjunction with a farm use provided:

1. Sales are limited to produce grown in Marion County;

2. At least 51 percent of the produce is grown on the premises;

3. One off-street parking space is provided for each 100 square feet of floor area; and

4. The roadside stand is operated for no more than six months in any calendar year and only between official sunrise and sunset.

D. Outdoor activities in the P and UT zones where entertainment, food or recreation or overnight camping will be made available to not more than 250 people for less than 24 hours. If more than two events are held on the same property during a calendar year, a conditional use shall be required as provided in subsection (G) of this section.

E. Storage of mobile home* on a lot for not more than one year where the mobile home is or has been a permitted use and the mobile home is offered for sale; provided, the mobile home is not used for sleeping, eating or restroom purposes.

F. Garage sales and yard sales in any residential zone, and auctions in commercial and industrial zones, provided there are not more than three sales in a calendar year with each sale not to exceed three consecutive days. All display of merchandise to remain on private property.

G. Temporary uses that do not meet the limitations identified in this section and other temporary uses not addressed herein may be approved as a conditional use as provided in Chapter 16.40 MCC subject to meeting the following criteria:

1. The temporary use is compatible with the purpose of the zone and adjacent land uses.

2. The temporary use will have adequate public services to maintain the public health and safety.

3. The operator of the temporary use has signed an agreement with the department of community development regarding termination of the use consistent with the time limitations established in the conditions of approval.

4. Temporary outdoor activities where entertainment, food, recreation or overnight camping are available to the general public shall only be allowed in the P and UT zones. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 25.30.]