Chapter 16.26
USE STANDARDS
Sections:
Article I. Special Use Standards
16.26.010 Special use standards.
16.26.020 Mobile homes on a lot.
16.26.030 Manufactured home on a lot.
16.26.040 Two-family shared housing.
16.26.060 Duplex on a corner lot.
16.26.080 Zero side yard dwelling units.
16.26.100 Accessory dwelling unit.
16.26.200 Home occupations, limited.
16.26.220 Child care facility.
16.26.240 Nursing care facilities.
16.26.260 Bed and breakfast establishment.
16.26.300 Residential sales offices.
16.26.320 Public golf courses and related membership sports clubs.
16.26.340 Boat and recreational vehicle storage area.
16.26.400 Recreational vehicle parks.
16.26.410 Recreational vehicle spaces.
16.26.420 Veterinary services for animal specialties.
16.26.440 Funeral services and crematories; and cemetery subdividers and developers.
16.26.460 Mixed use buildings.
16.26.480 Used merchandise stores.
16.26.520 Gasoline service stations.
16.26.540 Scrap and waste materials establishments.
16.26.560 Eating places.
16.26.570 Mobile food vendors.
16.26.580 Automotive dealers and automotive repair, service, and parking.
16.26.600 Religious and membership organizations.
16.26.620 Elementary and secondary schools.
16.26.730 Wind energy conversion system.
16.26.740 Biomass facility.
16.26.750 Geothermal facility.
16.26.760 General standards for energy facilities.
Article II. Planned Developments
16.26.800 Planned developments.
16.26.802 Purpose.
16.26.803 Definitions.
16.26.804 Required information.
16.26.805 Procedural requirements.
16.26.806 Satisfactory evidence.
16.26.807 Retail services.
16.26.810 Minimum lot size.
16.26.811 Density.
16.26.812 Unlimited units in a building.
16.26.813 Maintenance of common facilities.
16.26.814 Planned development streets and roadways.
16.26.815 Additional requirements.
Article III. Mobile Home Parks
16.26.901 Mobile home parks.
16.26.902 Mobile home park definitions.
16.26.903 Low density mobile home parks.
16.26.904 Mobile home parks in RL and RM zones – Minimum requirements.
16.26.905 General mobile home park standards.
* Terms defined in Chapter 16.49 MCC.
Article I. Special Use Standards
16.26.010 Special use standards.
Certain uses are subject to specific standards in addition to those applicable to permitted uses in a particular zone. The standards can be clearly defined so that a conditional use permit review process is unnecessary for uses that can meet the standards. The standards set forth in this chapter apply where the particular use is identified as a permitted use in a particular zone and the applicable section in this chapter is referenced. If the special standards are referenced for a conditional use the standards are intended as guidelines and can be modified or eliminated if the evidence shows that the proposed use, as conditioned, will meet the applicable criteria for approval.
The standards in this chapter are in addition to the use and development standards generally applicable in the zone unless specifically exempted by the provisions of this chapter. Where the use and development standards herein impose a standard higher than the other applicable standards, the higher standard shall be applied. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.01.]
16.26.020 Mobile homes on a lot.
A single-family mobile home on a lot in a subdivision designated by the developer for mobile home use shall meet the following use and development standards:
A. In zones other than the RS zone the mobile home shall be:
1. Manufactured after June 15, 1976, and exhibit the Oregon Department of Commerce “Insignia of Compliance” that indicates conformance with Federal Housing and Urban Development Standards; or
2. Manufactured after January 1, 1962, and prior to June 15, 1976, and meet the construction requirements of Oregon Mobile Home Laws in effect at the time of manufacture; and
3. Repealed by Ord. 1454;
4. Located on a lot in a subdivision platted and designated for mobile home use after the effective date of the ordinance codified in this title.
B. In the RS zone the mobile home shall be:
1. Manufactured after June 15, 1976, and exhibit the Oregon Department of Commerce “Insignia of Compliance” that indicates conformance with Federal Housing and Urban Development (HUD) standards; and
2. Repealed by Ord. 1454;
3. Repealed by Ord. 1454;
4. Repealed by Ord. 1454;
5. Located on a lot in a subdivision platted and designated for mobile home use after the effective date of the ordinance codified in this title. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.02.]
16.26.030 Manufactured home on a lot.
A single-family manufactured home on a lot shall meet the following use and development standards:
A. Be manufactured after June 15, 1976, and exhibit the U.S. Housing and Urban Development (HUD) certification label pursuant to OAR 918-500-450(2); and
B. Repealed by Ord. 1454;
C. Repealed by Ord. 1454;
D. Repealed by Ord. 1454;
E. Repealed by Ord. 1454;
F. Have an exterior thermal envelope meeting performance standards that reduce heat loss to levels equivalent to the performance standards required of single-family dwellings constructed under the State Building Code as defined in ORS 455.010. Evidence demonstrating that the manufactured home meets “Super Good Cents” energy efficiency standards is deemed to satisfy the exterior thermal envelope requirement. Additional evidence shall not be required. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 964 § 5, 1994; Ord. 894 § 4, 1991; Ord. 863 § 5, 1990. UZ Ord. § 26.03.]
16.26.040 Two-family shared housing.
Two-family shared housing shall meet the following use and development standards:
A. The building to be converted for two-family shared housing must have been constructed as a single-family dwelling, and have been occupied as such by an owner for any continuous six-month period between the date of its first occupancy and the date of its conversion to a two-family dwelling.
B. The building must contain not more than two dwelling units after conversion, and there must be not more than two dwelling units per lot.
C. One dwelling unit must contain at least 300 square feet of floor area and the other must contain at least 600 square feet of floor area.
D. Not more than 60 square feet of floor area shall be added to the building; provided, however, that conversion of unfinished areas to habitable space or bathrooms shall not count toward the 60-square-foot limitation.
E. Only one of the two dwelling units may be occupied by a family that does not include an owner-occupant of the building.
F. Two-family shared housing under this section shall not be separated in ownership under the provisions of ORS Chapter 94 or any other law or ordinance allowing unit ownership of a portion of a building or space therein. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.04.]
16.26.060 Duplex on a corner lot.
A duplex on a corner lot shall meet the following additional use and development standards:
A. The corner lot shall contain at least 7,000 square feet.
B. Each dwelling unit shall derive its pedestrian and vehicular access from a different street unless one of the streets is a collector or arterial street or as approved by Marion County public works department.
C. The lot must have been created after the adoption of this title. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.06.]
16.26.080 Zero side yard dwelling units.
Zero side yard dwelling units shall meet the following use and development standards:
A. Permitted Development.
1. Unattached dwellings, with one dwelling unit per lot, may be built contiguous with one but not both of the side lot lines.
2. In RS zones, attached dwellings, with one dwelling unit per lot, may be built contiguous with both side lot lines provided not more than three dwelling units are attached.
3. In other zones, attached dwellings, with one dwelling unit per lot, may be built contiguous with both side lot lines provided not more than six dwelling units are attached.
B. Yards Abutting a Street. The requirements in the applicable zone for yards abutting a street are not relieved by this section, and shall be met.
C. Interior Side Yard. Any exterior wall or portion thereof which faces but is not contiguous to a side lot line shall meet all applicable interior side yard requirements under this title; otherwise, the interior side yard requirements of this title shall not apply.
D. Building Separation. Buildings on abutting lots but not attached to each other shall be separated by a distance of at least 10 feet.
E. Maintenance Easement. As a condition of issuance of a building permit for a dwelling having a wall contiguous to a lot line, the applicant shall furnish an easement from the owner of the lot abutting the wall providing for reasonable ingress, egress and use of the adjacent lot for the purpose of maintaining, repairing and replacing the premises. Such easement shall be appurtenant to the lot on which the dwelling is located as the dominant tenement, and shall be recorded with the county recorder prior to the issuance of the permit.
F. Adjustment of Property Line. Notwithstanding any provision of Chapter 16.33 MCC to the contrary, the owner or owners of abutting lots either of which has thereon a zero side yard dwelling unit, may, by appropriate instrument, adjust the common side lot line by no more than 18 inches to make the wall intended to be contiguous with the common lot line actually contiguous. This adjustment shall move the line as a whole; and may, without the necessity of an adjustment and without making the premises nonconforming, reduce the required area or frontage of the lot, increase the allowable lot coverage, or any combination thereof necessary to make the side lot line and building contiguous within the limits of this subsection. The instrument accomplishing this revision, and a replat by a registered land surveyor evidencing the need for any description of such revision, shall be reviewed and approved by the zoning administrator prior to recording the instrument, otherwise the exemption granted by this subsection shall not apply.
G. Accessory Buildings. The provisions of this section apply to accessory as well as main buildings. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.08.]
16.26.100 Accessory dwelling unit.
An accessory dwelling unit (ADU) shall meet the following additional use and development standards:
A. An ADU shall be a maximum of 900 square feet in floor area or 75 percent of the size of the footprint of the main dwelling, whichever is less;
B. If interior or attached:
1. An ADU shall meet the same height requirements as the primary dwelling on the property.
2. An ADU shall meet the same setbacks as the primary dwelling on the property;
C. If detached:
1. An ADU shall not exceed 25 feet in height.
2. An ADU shall be located in side or rear yard only.
3. In the urban area of Salem, an ADU shall maintain setbacks of three feet from property lines where located in a side yard and five feet from property lines where located in a rear yard.
4. In urban growth boundaries other than the urban area of Salem, an ADU shall meet the setbacks for accessory structures in Chapter 16.28 MCC;
D. No additional curb cuts are permitted. Existing curb cuts may be expanded with an approved access permit up to the maximum width allowed;
E. An ADU, if rented, shall be rented for a minimum duration of 30 days;
F. If a manufactured dwelling is used as an ADU, then it shall be Energy Star certified and exhibit the U.S. Housing and Urban Development (HUD) certification label pursuant to OAR 918-500-0450; and
G. As used in this section, 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. 1382 § 4 (Exh. B), 2017.]
16.26.200 Home occupations, limited.
A home occupation, limited shall meet the following use and development standards:
A. The home occupation shall be carried on by the resident or residents of a dwelling on the subject property as a secondary use and may employ no more than one person (“person” includes volunteer, nonresident employee, partner or any other person).
B. The home occupation shall be continuously conducted in such a manner as not to create any public or private nuisance, including, but not limited to, offensive noise, odors, vibration, fumes, smoke, fire hazard, or electronic, electrical, or electromagnetic interference. In a residential zone noise associated with the home occupation of more than 55 dba at the lot line is prohibited.
C. No sign shall be displayed on the premises except such signs as are allowed in Chapter 16.31 MCC for the zone in which the home occupation is located.
D. The home occupation shall be conducted entirely within the dwelling or any attached garage or in an unattached accessory building.
E. The total floor area of buildings on the premises, including accessory buildings, devoted to a home occupation shall not exceed 500 square feet in a residential zone and 1,500 square feet in other zones.
F. No structural alterations shall be made to the dwelling that would be inconsistent with future use of the building exclusively as a dwelling.
G. No alteration to or use of the premises shall be made such as to reduce the number of required on-site parking spaces.
H. All visits by suppliers or customers shall occur between the hours of 8:00 a.m. and 8:00 p.m.
I. There shall be no outside storage or display of materials, equipment, or merchandise used in, or produced in connection with, the home occupation, except as provided in subsection (J) of this section.
J. Repair of vehicles or a construction business shall be allowed as a home occupation only in the UT zone. Vehicles shall be screened by a sight-obscuring fence or be parked in a building. All repair shall be conducted within a building. There shall not be more than three vehicles associated with the home occupation parked on the premises at one time.
K. Deliveries to or from the dwelling shall not involve a vehicle rated at more than one ton.
L. Where a home occupation involves deliveries, one off-street loading space shall be provided. If visits by customers occur, two additional off-street parking spaces shall be provided if the street along the lot frontage does not provide paved area for at least two parallel parking spaces. During normal loading/unloading or customer parking periods, the off-street loading and parking spaces shall be reserved exclusively for that use.
M. The dwelling or other buildings shall not be used for assembly or dispatch of employees to other locations.
N. Retail and wholesale sales that do not involve customers coming to the property, such as Internet, telephone or mail order off-site sales, and incidental sales related to the home occupation services being provided are allowed. No other sales are permitted as, or in conjunction with, a home occupation. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.20.]
16.26.220 Child care facility.
Child care facility providing care for more than 12 children, including children of the provider, shall meet the following use and development standards:
A. Lot Size. Minimum of 6,000 square feet.
B. Screening. Outdoor play areas shall be fenced and the fence shall be sight-obscuring except in the required yard abutting a street or roadway. Loading areas not located in a required yard abutting a street or roadway shall be screened by a sight-obscuring fence, wall or hedge.
C. Off-Street Loading. At least one off-street loading space shall be provided for every six children served based on the maximum number served at any given time during the day. Up to two loading spaces may be provided in the required front yard. During normal hours of loading and unloading, the off-street loading spaces shall be reserved exclusively for that use.
D. The provider of the day care services shall be the owner and occupant of the residence if the day care service is located in a residential zone and there is a residence on the lot. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.22.]
16.26.240 Nursing care facilities.
Nursing care facilities shall meet the following use and development standards:
A. Yards. Front yards, 20-foot minimum or front yard required in applicable zone, whichever is greater. Side and rear yards, 20-foot minimum, or side and rear yard of applicable zone, whichever is greater.
B. Off-Street Parking. No off-street parking or loading area shall be permitted within five feet of the side and rear lot lines.
C. Landscaping. All lot area not lawfully developed for building, structures, parking, loading or driveways, shall be landscaped as provided in Chapter 16.29 MCC.
D. Screening. Parking areas shall be screened from adjacent uses by a six-foot-high sight-obscuring fence, wall or hedge, except for the front yard. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.24.]
16.26.260 Bed and breakfast establishment.
Bed and breakfast establishments shall meet the following use and development standards:
A. In RS and RL zones the establishment shall be operated by the resident property owner and not include more than four lodging rooms (including any allowable accessory rooming and boarding); and
B. The establishment shall be located within a dwelling abutting a designated arterial or collector street, or within a dwelling designated as a historical site in the Comprehensive Plan; and
C. A single sign, which may be lighted but not flashing, shall be permitted within 10 feet of the front lot line provided the sign does not exceed 10 square feet in area and does not block vision clearance areas; and
D. Off-street parking for the guests shall be screened from the street and adjacent property by a six-foot-high sight-obscuring fence or hedge. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.26.]
16.26.300 Residential sales offices.
Residential sales offices shall meet the following use and development standards:
A. The office shall be located on a lot within a subdivision, planned development, or on a space within a mobile home park containing at least 25 lots or spaces at least five of which are undeveloped or unoccupied.
B. The principal use of the office shall be the sale of lots or renting of spaces or the sale of dwellings or mobile homes on lots or spaces within the development.
C. The office shall have a finished exterior and the site be landscaped and kept clean and neat.
D. There shall only be one sign not to exceed 24 square feet.
E. The maximum hours of operation shall be from 8:00 a.m. to 8:00 p.m. each day. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.30.]
16.26.320 Public golf courses and related membership sports clubs.
Public golf courses (SIC 7992) and membership sports and recreation clubs (SIC 7997) with golf courses shall meet the following use and development standards:
A. Setbacks. No occupied building accessory to a golf course shall be located within 100 feet of any property line. Golf fairways, tennis courts, and similar sports courts or fields shall be set back 25 feet from all abutting residential or commercial zones and uses. Swimming pools shall be set back 50 feet from all abutting residential and commercial zones and uses.
B. Parking. No off-street parking or loading area shall be permitted within five feet of the side and rear lot lines.
C. Screening. All parking shall be screened from adjacent uses by a six-foot-high sight-obscuring fence, wall or hedge.
D. Lighting. Outdoor lighting shall be directed away from residential property and streets. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.32.]
16.26.340 Boat and recreational vehicle storage area.
Areas where boats or recreational vehicles are stored shall meet the following use and development standards:
A. Screening. Outdoor storage areas shall be screened from all adjacent properties and from all but one abutting street by a sight-obscuring fence, wall or hedge.
B. Landscaping. All unpaved areas not occupied by buildings or structures shall be landscaped as provided in Chapter 16.29 MCC.
C. Surfacing. All driveways, outdoor storage space, and other outdoor vehicle parking, loading and maneuvering areas shall be improved with an all-weather surface. The surfacing shall be set back from lot lines, except those abutting a street, by at least five feet.
D. Lighting. Outdoor lighting shall be directed away from residential property and public streets.
E. The storage area must be owned and operated by a nonprofit neighborhood homeowners’ association or be provided by the park owner exclusively for the tenants of a mobile home park.
F. Storage shall be limited to members’/residents’ boats or recreational vehicles, utility trailers and horse trailers, none of which are kept or used in connection with a business or commercial activity. Storage buildings for the personal belongings of members or residents may also be provided in conjunction with outdoor storage areas provided for the buildings. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.34.]
16.26.400 Recreational vehicle parks.
Recreational vehicle parks shall meet the following use and development standards:
A. Recreational vehicle parks shall not be occupied by mobile homes except for one mobile home for a caretaker/operator.
B. Access roads shall be paved and shall have direct connection to a paved street.
C. One-way access roads shall have an improved width of 10 feet. Two-way access roads shall have an improved width of at least 20 feet. If parallel parking is to be allowed, an additional 10 feet of improved width is required along the side where parking is allowed.
D. In commercial zones the perimeter of the recreational vehicle park shall be surrounded by a six-foot-high sight-obscuring fence or hedge.
E. Camping supplies and convenience foods may be sold within a building.
F. The entrance shall be designed with an adequate parking area for those registering, checking out, or stopping at the convenience store without blocking access to the designated recreational vehicle spaces and without causing congestion on adjacent streets.
G. No outdoor recreation facilities shall be used between 10:00 p.m. and 8:00 a.m. unless approved as part of the conditional use permit.
H. All outdoor lighting shall be directed away from adjacent residential properties and streets.
I. A dump station for discharging wastewater holding tanks shall be provided unless each space is equipped with a sewer connection.
J. Spaces shall meet the use and development standards in MCC 16.26.410. Spaces to be occupied for more than 120 days in any calendar year shall provide on-site electrical, sewer and water hookups.
K. Only motor homes and travel trailers containing 150 square feet of floor area or more shall be allowed to be occupied in a park for more than 120 days in any calendar year.
L. When an RV is allowed to be occupied in the park for more than 120 days in a calendar year, and residents of these vehicles include children, a playground or playfield shall be provided. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.40.]
16.26.410 Recreational vehicle spaces.
Recreational vehicle spaces shall meet the following use and development standards. The term “recreational vehicle space” means the portion of a lot where a single recreational vehicle is parked and occupied or intended to be parked and occupied. Long-term storage of a recreational vehicle must comply with the requirements for accessory uses and structures.
A. The space shall have an all-weather surface and be drained to prevent standing water.
B. A space shall not be located closer than 10 feet to any other spaces, any building, dwelling, mobile home, street or roadway boundary and not closer than five feet to any property line.
C. If the space is occupied by an occupied recreational vehicle for more than 120 days in any calendar year, the space shall be located in a recreational vehicle park.
D. The space shall not be located in any required off-street parking space or required yard areas.
E. Unless located in a recreational vehicle park no permanent electrical, water or sewer connections are permitted, nor shall the space be rented or leased for consideration. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.41.]
16.26.420 Veterinary services for animal specialties.
Veterinary services for animal specialties (SIC 0742) shall meet the following use and development standards:
A. Except as provided in subsection (B) of this section, all services shall be provided within completely enclosed and soundproof buildings.
B. Outside runs for dogs and other animals are not permitted on a lot abutting a residential zone. Outside runs shall be operated only between the hours of 8:00 a.m. and 8:00 p.m., with an attendant present on the premises. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.42.]
16.26.440 Funeral services and crematories; and cemetery subdividers and developers.
Funeral service and crematories (SIC 726) and cemetery subdividers and developers (SIC 6553) shall met the following use and development standards:
A. Screening. The property shall be screened from all adjacent properties by a sight-obscuring fence, wall or hedge.
B. Lot Area. The minimum lot area is 10 acres for a cemetery except for pet cemeteries where the minimum lot area is three acres. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.44.]
16.26.460 Mixed use buildings.
A building or complex of buildings on the same lot having more than 25 dwelling units or lodging rooms may include office, retail and service uses meeting the following use and development standards:
A. Permitted Uses. In addition to the residential and lodging uses permitted in the underlying zone, the following additional uses shall be permitted:
1. Communication (SIC 48) but excluding communication services, not elsewhere classified (SIC 489).
2. Variety stores (SIC 533).
3. Food stores (SIC 54).
4. Apparel and accessory stores (SIC 56).
5. Home furnishing stores, miscellaneous (SIC 5719).
6. Eating and drinking places (SIC 58).
7. Retail, miscellaneous (SIC 59) except nonstore retailers (SIC 596) and fuel and ice dealers (SIC 598).
8. Commercial and stock savings banks (SIC 602).
9. Mutual savings banks (SIC 603).
10. Savings and loan associations (SIC 612).
11. Personal credit institutions (SIC 614).
12. Insurance agents, brokers, and service (SIC 641).
13. Real estate (SIC 65).
14. Personal services (SIC 72) except:
a. Power laundries, family and commercial (SIC 7211);
b. Linen supply (SIC 7213);
c. Dry cleaning plants, except rug cleaning (SIC 7216);
d. Carpet and upholstery cleaning (SIC 7217); and
e. Industrial launderers (SIC 7218).
15. Management, consulting and public relations services (SIC 7392).
16. Amusement and recreation services, except motion pictures (SIC 79) except commercial sports (SIC 794).
17. Offices of physicians (SIC 801).
18. Offices of dentists (SIC 802).
19. Offices of osteopathic physicians (SIC 803).
20. Offices of other health practitioners (SIC 804).
21. Legal services (SIC 81).
22. Miscellaneous services (SIC 89).
23. Travel agency (SIC 4724).
B. Use Restrictions. No use permitted under subsection (A) of this section shall in any way involve any of the following:
1. The keeping of live animals.
2. The rendering, processing, or cleaning of animals, fish, seafoods, fowl, poultry, fruits, vegetables, or dairy products except for consumption on the premises.
3. The packaging of products, except packaging of individual retail items at the time of purchase.
4. Any outdoor display or storage of merchandise or materials.
C. Location in the Building. All retail showrooms where goods are offered for sale on the premises, or where customers may view samples or catalogues on the premises and place orders for future delivery shall be confined to the first floor of any building.
D. Nonresidential Floor Area. At least 50 percent of the floor area of each building housing any use permitted in subsection (A) of this section shall be devoted to dwelling units or guest rooms; except that an eating establishment may be housed in a separate building if all uses permitted in subsection (A) of this section, including the eating establishment, total less than 50 percent of the total floor area of the complex of buildings on the same lot, and all other buildings in the complex of buildings comply with this subsection. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.46.]
16.26.480 Used merchandise stores.
Used merchandise stores (SIC 593) shall meet the following use and development standards:
A. In a CR zone, all retail sales and storage of merchandise shall be conducted entirely within a building.
B. In a CG zone, all operations shall be conducted entirely within a building or within a yard fully enclosed by a sight-obscuring fence, wall or hedge, and materials shall not be stored higher than such fence, wall or hedge. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.48.]
16.26.520 Gasoline service stations.
Gasoline service stations (SIC 554) shall meet the following use and development standards:
A. Lot Area and Dimensions. Minimum lot size, 10,000 square feet; minimum of 100 feet of street frontage for an interior lot, 120 feet of frontage on each street abutting a corner lot.
B. Screening. The property shall be screened from every abutting residential zone or use by a sight-obscuring fence, wall or hedge.
C. Lighting. Outdoor lighting shall be directed away from residential property.
D. Use and Operation Restrictions.
1. No vehicle repairs or disassembling of vehicles other than routine maintenance such as changing lubricants and coolant, replacement of small parts, or changing tires shall be conducted outside a building.
2. No merchandise shall be stored or displayed outside a building or underground structure except for lubricants and small accessories in retail packing or display rack.
3. No inoperative vehicles or used vehicle parts shall be stored outside a building for any period longer than 72 hours.
4. No rental recreational vehicles or moving trucks shall be parked or stored except on side or rear yards, and then no closer than 20 feet to any right-of-way.
5. The lot shall be paved with a concrete or asphalt hard surface. Pavement shall be graded so that all storm water is collected on the site and carried by pipes to a public storm drainage facility. Storm water shall not run across sidewalks or down driveways into streets. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.52.]
16.26.540 Scrap and waste materials establishments.
Scrap and waste materials establishments (SIC 5093) shall meet the following use and development standards:
A. Screening. All outdoor operations shall be screened from adjacent streets and uses by a sight-obscuring fence, wall or hedge or by a landscaped berm the top of which is at least eight feet above the highest grade on either side thereof.
B. Heavy Operations. If conducted out of doors, the following operations shall be conducted more than 300 feet away from any residential zone:
1. Shredding or baling of tires.
2. Compression, cutting or baling of scrap metal.
3. Cutting or baling of used lumber.
4. Breaking up of concrete or masonry other than the removal of mortar for the salvage of stone or brick masonry products. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.54.]
16.26.560 Eating places.
Eating places (SIC 5812) shall meet the following use and development standards:
A. The gross square footage of the area devoted to the use shall not exceed 20 percent of the gross square footage of the first floor of the building.
B. The eating place shall be designed to serve primarily the occupants of the buildings and their clients and shall not have direct access to a public street or parking area, except as may be required by fire, life and safety codes.
C. There shall be no sign advertising the eating place visible from outside the building. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.56.]
16.26.570 Mobile food vendors.
Mobile food vendors shall meet the following use and development standards:
A. Mobile food units may only operate subject to standards in the CO, CR, CG, HC, IC, IP, IG and IH zones. Mobile food units may not operate in residential zones.
B. Mobile food units may not operate in a public street or right-of-way.
C. Mobile foods units may only operate in an approved parking lot, or other hard surface area, where the off-street parking requirements for all users served by the off-street parking area are met.
D. Mobile food unit operators shall not obstruct pedestrian pathways, driveways or drive aisles and shall not create a traffic or safety hazard.
E. Mobile food units parked in a stationary location for a period of 24 hours or longer shall provide screening of all storage areas, tanks and conduit by site obscuring fencing or temporary landscaping.
F. Mobile food unit operators are responsible for picking up any litter which is deposited by any person within 20 feet of the mobile food unit when conducting business.
G. Mobile food units are not permanent structures and must remain capable of being moved. The wheels must remain on the unit and no permanent connections to any utility service are permitted.
H. Mobile food units are not permitted to have decks, carports, covered shelters or similar structures placed adjacent to or attached to them.
I. Mobile food units shall obtain all necessary licenses from Marion County Environmental Health prior to operating. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1204 § 4, 2004. UZ Ord. § 26.57.]
16.26.580 Automotive dealers and automotive repair, service, and parking.
Automotive dealers (SIC 55) and automotive repair, service, and parking (SIC 75) shall meet the following use and development standards:
A. The lot shall be paved with a concrete or asphalt hard surface.
B. A sight-obscuring fence, wall or hedge shall be provided along lot lines abutting residential zones.
C. Repair of vehicles and any storage of merchandise or supplies not in retail packaging or display racks shall occur entirely within an enclosed building. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.58.]
16.26.600 Religious and membership organizations.
Religious and membership organizations shall meet the following use and development standards:
A. Side and Rear Yards. Minimum of 25 feet in or abutting every residential zone or use.
B. Landscaping. All required yard areas adjacent to streets or property in a residential zone not lawfully developed for buildings, structures, parking, loading or driveways shall be landscaped as provided in Chapter 16.29 MCC.
C. Off-Street Parking. No off-street parking or landing area shall be permitted within 10 feet of a residential zone or use.
D. Screening of Off-Street Parking. Where any portion of an off-street parking area other than a garage is within 15 feet of a lot zoned or used for residential purposes, the perimeter of the parking area facing such residential zone or use shall be screened by a sight-obscuring fence, wall or hedge.
E. Street Access. Unless permitted by the county, only one vehicle access driveway per street frontage shall be permitted in a residential zone, or on a local street in any other zone abutting a residential zone. Where a parking area is on property having frontage on a collector or arterial street, access shall be limited to such collector or arterial unless alternate access is required by the county.
F. Other Related Uses. Schools, child day care services, kindergartens, meeting facilities for clubs and organizations, and other similar uses which are not operated primarily for the purpose of religious instruction, worship, government of the church, or the fellowship of its congregation shall be permitted only to the extent the activity is otherwise permitted in the zone. Storage of buses used to transport the congregation is permitted if buses are not parked closer than 20 feet to a lot in a residential zone. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.60.]
16.26.620 Elementary and secondary schools.
Public and private elementary and secondary schools (SIC 8211) shall meet the following use and development standards:
A. Lot Size. Minimum of 1,000 square feet per student at maximum occupancy, or three acres, whichever is less.
B. Setbacks. Buildings shall be set back from every lot line one foot for each foot of height to a maximum setback of 35 feet.
C. Off-Street Parking. No off-street parking or loading area shall be permitted within 10 feet of any residential use or zone.
D. Other Related Uses. Child day care services; kindergarten; meeting facilities for clubs and organizations; other uses which are not operated primarily for the purpose of secular education, or school administration; secondary use of school facilities for nonprofit events shall be permitted in the zone. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.62.]
16.26.730 Wind energy conversion system.
Wind energy conversion systems (WECS) shall meet the following use and development standards:
A. The WECS or wind measurement device shall be not more than 70 feet in height.
B. The WECS shall comply with MCC 16.26.760.
C. No more than two WECS shall be located on the same lot.
D. The WECS shall be set back from lot lines five rotor diameters (horizontal axis) or the total WECS height (vertical axis), whichever is greater; or the applicant shall obtain easements on adjacent properties that comply with ORS 105.900 through 105.915 for the positive area located on adjacent properties.
E. The WECS or wind measurement device (including guy wires) shall not encroach into required setbacks for primary structures in the zone or be closer than 12 feet to any major structure or right-of-way for aboveground telephone or electrical transmission and distribution lines.
F. Public access shall be restricted. Vertical access WECS shall be surrounded by a minimum eight-foot-high security fence.
G. A structural engineer certifies that the WECS is sited so that the rotor is above damaging turbulence caused by upwind obstructions. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.73.]
16.26.740 Biomass facility.
Biomass facilities shall meet the following additional use and development standards:
A. The biomass facility shall be accessory to an industrial or farm use that provides at least 50 percent of the biomass fuels.
B. The biomass facility shall not use municipal solid waste as a fuel.
C. If the biomass facility involves direct combustion it shall be located:
1. At least five miles from land with an elevation higher than the elevation at which the facility discharges airborne wastes; and
2. At least five miles from a Class I Prevention of Significant Deterioration Area. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.74.]
16.26.750 Geothermal facility.
Geothermal facilities shall meet the following use and development standards:
A. The geothermal facility shall be a prospect well, a producing geothermal well providing energy to on-site uses or a producing well providing energy through off-site transmission pipes or transmission facilities to off-site development.
B. Any structures and outdoor storage areas for the facility shall be at least 100 feet from abutting property.
C. Public access to the facility site shall be restricted by providing protective fencing around well sites and temporary fencing pits, sumps and recently vegetated areas.
D. Off-site transmission pipes and transmission facilities shall be placed within a surveyed right-of-way or easement. Existing rights-of-way or easements shall be used whenever practicable. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.75.]
16.26.760 General standards for energy facilities.
Energy facilities, including hydroelectric facilities, transmission facilities, wind facilities, biomass facilities and geothermal facilities, shall meet the following additional use and development standards:
A. An energy facility shall not be located in the areas listed in subsections (A)(1) and (2) of this section unless a facility complies with subsection (A)(3) of this section:
1. National wildlife refuges, BLM Outstanding Natural Areas, BLM Areas of Critical Environmental Concern, Federal Research Natural Areas, wilderness areas under the Federal Wilderness Act and areas recommended for designation as wilderness areas pursuant to Section 603 of the Federal Land Policy Management Act of 1976, federally designated wild and scenic rivers or any rivers recommended for designation by the National Park Service.
2. State of Oregon parks, waysides, refuges, wildlife management areas, and natural areas preserves, scenic waterways and adjacent lands designated pursuant to ORS 390.845, wild fish streams designated by the Oregon Department of Fish and Wildlife, and experimental areas established by the Rangeland Resources Program, School of Agriculture, OSU.
3. An energy facility may be permitted as a conditional use in an area listed in subsections (A)(1) and (2) of this section if:
a. It is compatible with adjacent uses and resources;
b. It is accessory to a permitted use;
c. The application is authorized or the use is approved by the public agency responsible for designation or management of the protected area in which an energy facility is proposed; and
d. An applicant provides resources equal or better in quantity and quality to those adversely affected by a facility. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.76.]
Article II. Planned Developments
16.26.800 Planned developments.
Planned developments shall meet the use and development standards in MCC 16.26.801 through 16.26.815. Planned developments shall meet all use and development standards and requirements in Chapter 16.33 MCC. Where the standards and requirements herein conflict with the standards and requirements of Chapter 16.33 MCC, the provisions of this article shall apply. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002. UZ Ord. § 26.800.]
16.26.802 Purpose.
It is the purpose of this article to provide a means whereby larger parcels of ground may be subdivided into residential lots with more latitude as regards site development, common areas, private streets and walkways, and open space than is possible through traditional subdivision regulations while maintaining residential densities consistent with the applicable zone; to establish standards and controls necessary to assure the community of a functional and compatible development; and to provide within residential zones the development of residential areas with increased amenities. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002. UZ Ord. § 26.802.]
16.26.803 Definitions.
The following terms are defined for the purposes of this article and do not apply otherwise to this title:
A. “Planned development” means a subdivision of land, incorporated common open spaces with each dwelling or mobile home placed on its own lot.
B. “Homeowners’ association” is an organization formed for the maintenance and operation of the open space and common areas of the planned development. The membership in the association must be automatic with the purchase of a lot or other property in the planned development. The association shall collect an assessment levied against each lot or other property which assessment shall be the principal source of funds to maintain open space and common areas, roadways, utilities and facilities. Assessments shall be enforceable as a lien against the private lots and open space.
C. “Open space” means a common area designated on the final plans of the planned development, permanently set aside for the common use of the members of the homeowners’ association, which open area may be landscaped and/or left with a natural tree cover, and in which area no roadways, streets, or parking areas are located.
D. “Open space lot” is a lot which abuts upon an open space for a distance of 10 feet or more.
E. “Public sidewalk” is a pedestrian walkway for the general public through the planned development open space and common areas and replaces a sidewalk which would have been located adjacent to a street.
F. “Roadway” is any vehicular way to property in the planned development that is located on lands owned by the homeowners’ association and does not exit the development at another location. Roadways are to serve specific property in the planned development only, not through traffic, and need to be constructed only wide enough to adequately perform this function. Roadways include “T” turn-arounds, cul-de-sacs, circles, loops and other roadways not functioning as a through roadway.
G. “Streets” means roads permitting traffic to move in one side of the development and out of another dedicated as a public street and developed to the applicable county street standard.
H. “Walkway” shall mean a pedestrian pathway within a planned development for residents and guests. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002. UZ Ord. § 26.803.]
16.26.804 Required information.
In addition to the information required in a detailed subdivision plan the request for detailed plan approval shall include:
A. The location of all streets, roadways, sidewalks and walkways, their widths and the nature of their improvement.
B. The location, layout, and the surfacing of all off-street parking areas.
C. The individual lot lines of each parcel that is to be created for separate ownership.
D. The location of easements for the water lines, fire hydrants, sewer and storm lines, and the location of the electric, gas, and telephone lines, television cable, and the lighting plans.
E. The landscaping plan with a notation indicating the existing trees and shrubs which are to be retained.
F. The common areas and open spaces and the particular uses which were intended for them.
G. The areas proposed to be conveyed, dedicated, reserved, or used for parks, scenic ways, playgrounds, schools, public buildings, and similarly public and semi-public uses and whether such areas are to be public or private.
H. The location of each existing or proposed structure, its intended use, and the number of dwelling units in each residential building, except single-family detached dwellings and mobile homes.
I. A statement from the city and the utility companies indicating that the plans to extend facilities are feasible as to the basic route and size of the facility considering the needs of the development and the area.
J. The phases in which the project will be built, the approximate date when construction of each phase will begin, and the type and location of common areas, facilities and open space that will be provided at each phase. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002. UZ Ord. § 26.804.]
16.26.805 Procedural requirements.
The procedure for review of a planned development subdivision in Chapter 16.33 MCC shall govern the consideration of a planned development under these regulations. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002. UZ Ord. § 26.805.]
16.26.806 Satisfactory evidence.
As a condition to granting approval for the final plat satisfactory evidence shall be submitted that the roadways, parking areas and sidewalk improvements, and improvements in common areas will be placed. For the purpose of this section, the criteria for satisfactory evidence set forth in Chapter 16.33 MCC shall apply. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002. UZ Ord. § 26.806.]
16.26.807 Retail services.
Retail service areas may be located within a planned development to provide commercial facilities for the residents of a planned development. Retail service facilities may be developed when they are part of a development application, and the inclusion of retail service facilities is noted in any public hearing or decision notice, without the need for a zone change.
A. Convenience Services. A planned development containing more than 100 dwelling units may have a convenience service area, which may include not more than one each of the following: newsstand, barbershop, beauty parlor, delicatessen, dining room, coffee shop, and tea room, activity room, meeting room. No drive-in service shall be permitted.
B. Limited Retail Service.
1. Planned developments containing 250 or more dwelling units may have limited retail services as a part of the development without obtaining a zone change in addition to one or more of each of the convenience services allowed in subsection (A) of this section. The following retail services are permitted in a planned development when developed under the conditions set forth in subsections (C), (D) and (E) of this section:
a. Banking facilities.
b. Craft and hobby shops.
c. Drugstores.
d. Grocery stores.
e. Laundry and dry cleaning pick-up service, also coin-operated dry cleaning establishments.
f. Post office station.
g. Restaurants, but no drive-in service.
h. Variety stores.
C. The amount of limited retail service area allowed shall be directly proportionate to the number of dwelling units within the site. The following formula establishes the maximum allowable gross square feet of building area and minimum parking required for a limited retail service area for planned developments which have 250 or more dwelling units:
1. The maximum allowable gross square feet of building area shall be 40 square feet per dwelling unit.
2. The minimum parking shall be two square feet of parking for every one square foot of gross building area.
D. Limited retail services shall not be provided until at least 250 dwelling units have been completed. The gross floor area to be constructed at any time shall not exceed the gross floor area formula set forth above, based on the number of dwelling units constructed at that time.
E. No single business shall occupy more than 50 percent of the maximum floor area permitted at the time of the completion of the planned development.
F. Convenience service and limited retail services shall comply with the following additional requirements:
1. All on-site activities of commercial firms shall be conducted wholly within an enclosed building.
2. All on-site utilities are to be placed underground.
3. A landscaped perimeter yard outside of the street right-of-way, at least 20 feet in depth, except driveways, shall surround every retail service.
4. All signs shall be located flat against a building wall, not above the eaves of the roof. The sign may be illuminated, but the lighting on it shall not flash, or have moving or animated parts. Each business may have only one exterior sign. The sign shall pertain to that use conducted within the building and may have the following area:
a. Convenience service area: four square feet per business.
b. Limited retail services: 50 square feet per business.
All other applicable sign regulations in this title shall apply.
5. Maintenance and housekeeping of all exterior areas shall be provided by the owners. All garbage and refuse shall be kept entirely within a building or area screened by a sight-obscuring fence. No refuse shall be incinerated on the premises.
6. When considering conceptual approval, the location of convenience and limited retail services within the planned development shall be reviewed with regard to ensuring the adequacy and suitability of the location of vehicle access and off-street parking and loading areas. Access directly to a street shall be approved by the department of public works. Buffering from nearby residences provided by open spaces and landscaping shall also be adequate to maintain privacy and freedom from excessive noise. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002. UZ Ord. § 26.807.]
16.26.810 Minimum lot size.
The minimum acreage for a planned development is three acres. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002. UZ Ord. § 26.810.]
16.26.811 Density.
The density of the planned development shall not exceed the density of the zone in which it is to be located. The density shall be computed by dividing the total acreage by the number of dwelling units. The total acreage shall be that area contained in the ownership at the time of the filing of the planned development application. When such computation ends with more than one-half of a dwelling unit, the figure may be rounded to add one more dwelling unit permitted on the site. When such computation is one-half or less than one-half of a dwelling unit, the remainder will be dropped. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002. UZ Ord. § 26.811.]
16.26.812 Unlimited units in a building.
The number of dwelling units in a building is not limited. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002. UZ Ord. § 26.812.]
16.26.813 Maintenance of common facilities.
A. The perpetual maintenance of roadways, walkways, utilities, and common areas shall be provided by a county service district unless use of a homeowners’ association is approved as a conditional use.
B. If a homeowners’ association is allowed, the property owners within the planned development shall automatically be members of the association. The articles of such association shall be approved by legal counsel prior to final approval of the development. No change shall be made in the articles unless approved by the zoning administrator. Such articles shall provide a means to ensure maintenance of open space, common areas and facilities satisfactory to the county. The articles shall also prescribe the permitted uses of the open space. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002. UZ Ord. § 26.813.]
16.26.814 Planned development streets and roadways.
Any street bordering or within a planned development shall have public right-of-way and improvements consistent with adopted Marion County department of public works standards and upon approval of the board be accepted into the county road system. Plans for all streets shall be submitted for review and approval by the department of public works. Along streets the vision clearance requirements of MCC 16.27.200, including intersections with roadways, shall apply. Roadways shall be improved to the following standards:
A. Roadways shall be a minimum of 20 feet in width, curb to curb; provided, that if parking is to be allowed on either side of the street, the minimum width shall be increased by seven feet for each side of the street on which parking is to be allowed. Parking shall be parallel.
B. Roadways shall be paved with portland cement concrete or asphalt concrete and designed and constructed to adequately support traffic loads and provide adequate drainage.
C. Dead-end roadways over 300 feet in length shall have a cul-de-sac bulb with 38-foot curb radius. Shorter dead-end streets shall have a turnaround area. No dead-end roadway shall exceed 500 feet in length.
D. Concrete curbs shall be provided.
E. The roadway system shall have direct connection to a paved street. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002. UZ Ord. § 26.814.]
16.26.815 Additional requirements.
A. Street Names and Addresses. Each street and roadway shall be named and each dwelling and other buildings shall be numbered as provided in Chapter 11.55 MCC, Naming and Addressing Roads/Property.
B. Accessory Structure Setbacks. An accessory structure shall not be located closer than five feet from any dwelling or other accessory buildings on an adjacent lot, except that a double carport or garage may be built that serves two adjacent dwellings. Accessory buildings shall be set back at least 10 feet from the boundary of the planned development.
C. Dwelling Setbacks from Roadways. Dwellings shall be set back a minimum distance of eight feet from any adjacent roadway, and five feet from any adjacent sidewalk; provided, that a vision clearance shall be maintained as provided in MCC 16.27.200.
D. Dwelling Setbacks from Streets. A dwelling and any structure in the development other than a sign or fence shall be at least 12 feet from a street right-of-way; provided, that garages facing a street shall have a minimum 20-foot setback.
E. Storm Drainage. All lots shall be provided with adequate storm drainage and connected to the storm drainage system if such system is available. Such facilities shall be sufficient to safely transport through the development all volumes of water generated upstream and on the site. Where streets and associated public drainage facilities will be constructed or where connections will be made to existing public drainage facilities, all design and construction shall conform to department of public works standards. On-site detention facilities may be required.
F. Recreation Vehicles. Planned developments may accommodate only mobile homes and dwellings. Recreational vehicles are not allowed except for storage in a designated storage area. A recreational vehicle shall not remain overnight in a planned development unless it is parked in a designated recreational vehicle storage area.
G. Building Height, Location, and Lot Coverage. Except as modified by this section, all structures within a planned development shall comply with all provisions of the zone in which the development is located as to height, location, and lot coverage.
H. Lighting. Roadways and walkways designed for the general use of the residents shall be lighted during the hours of darkness. Such lighting shall not be under control of the dwelling occupant. Lighting shall be designed to a minimum of 0.35 candlepower per square foot and a maximum of 0.1 watts per square foot energy use.
I. Driveways. Each lot within the development shall have direct access to a roadway or to a public street which the development abuts on both sides. The driveway shall be unobstructed area, not less than 10 feet in width, and shall be paved and well drained.
J. Fire Hydrants. Fire hydrants shall be provided within the roadway and on public streets in the development in conformance with the design and capacity requirements of the fire district.
K. On-Site Storage. Furniture, tools, equipment, building materials, or supplies belonging to the management of the development stored outdoors shall be screened. Screening shall be sight-obscuring and shall blend with the development environment.
L. Walkways. Provisions shall be made for hard-surfaced, well-drained walkways, not less than 30 inches in width, from each dwelling to open space, common areas, retail services, and to a street or roadway. If the walkway is adjacent to the street or roadway the curb may be included in meeting the width requirements. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002. UZ Ord. § 26.815.]
Article III. Mobile Home Parks
16.26.901 Mobile home parks.
Mobile home parks shall meet the use and development standards in MCC 16.26.901 through 16.26.905. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.901.]
16.26.902 Mobile home park definitions.
As used in MCC 16.26.901 through 16.26.904, except where the context otherwise clearly requires:
A. “Building” means any permanent structure within a mobile home park such as washrooms, office buildings, recreation buildings, and similar structures, owned by the park for the common use of all the tenants. Exception: Mobile home accessory buildings, awnings, cabanas, carports, and ramadas as defined in ORS 446.003(1), (4), (5), (7) and (26) are not included in this definition.
B. “Park roadway” means a private way which affords principal means of access to abutting individual mobile home spaces and permanent park structures.
C. “Space” means any area or portion of a mobile home park which is designated or used for occupancy by one mobile home. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.902.]
16.26.903 Low density mobile home parks.
Mobile home parks in RS zones established after the effective date of the ordinance codified in this title are subject to the minimum standards and conditions set forth in this section and in MCC 16.26.905.
A. Type of Mobile Home Permitted. Mobile homes shall meet the following standards:
1. Be manufactured after June 15, 1976, and exhibit the Oregon Department of Commerce “Insignia of Compliance” that indicates conformance with Housing and Urban Development (HUD) standards; and
B. Minimum Area. No mobile home space shall contain less than 3,000 square feet, except that a space, any portion of which is within 15 feet of the boundary of the mobile home park property, shall be not less than 4,000 square feet. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.903.]
16.26.904 Mobile home parks in RL and RM zones – Minimum requirements.
Mobile home parks in RL and RM zones established after the effective date of the ordinance codified in this title shall meet all requirements of MCC 16.26.905 and the following minimum requirements:
A. Repealed by Ord. 1454.
B. Minimum and Average Area. No mobile home space shall contain less than 2,000 square feet and the average area of all spaces within a mobile home park shall be not less than 3,000 square feet.
C. Play Areas. A separate play area shall be provided in mobile home parks that accommodate persons under 55 years of age unless each space has a minimum size of 4,000 square feet. Such play area shall be not less than 2,500 square feet of area with at least 100 square feet of play area provided for each mobile home space. Suitable fences or other safeguards shall be provided if the play area abuts a railroad, street, a sharp declivity, or other hazard. The play area shall be located so that no space is farther from the play area than two-thirds of the distance between the two most distant points on the park boundary.
D. Recreational Vehicle Park. Except as provided in subsection (D)(8) of this section, a single area within a mobile home park may be a recreational vehicle park provided the following requirements are met:
1. Recreational vehicles located within the recreational vehicle park are limited to motor homes and travel trailers with a minimum of 150 square feet of floor area.
2. The recreational vehicle park shall be located within a mobile home park that has direct access to a collector or arterial street.
3. Each recreational vehicle shall be parked within a recreational vehicle space for a minimum of 60 days in any calendar year.
4. The use and development standards in subsection (C) of this section and MCC 16.26.905(O) do not apply to designated recreational vehicle spaces. For the purposes of MCC 16.26.905 the term “mobile home space” includes a recreational vehicle space described in subsection (D)(1) of this section.
5. The development standards in MCC 16.26.400 and 16.26.410 do not apply within the area designated as a recreational vehicle park except that MCC 16.26.400(I) and MCC 16.26.410(A) shall apply.
6. Recreational vehicle spaces shall include electrical, sewer and water hookups.
7. The number of recreational vehicle spaces shall not be more than 20 percent of the number of mobile home spaces.
8. Recreational vehicle parks may be located within a mobile home park established prior to the application of this subsection subject only to the requirements in subsections (D)(1), (2), (3), (6) and (7) of this section, and the requirements of MCC 16.26.410(A), (B), and (D). [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.904.]
16.26.905 General mobile home park standards.
A. Density. The number of mobile home spaces shall not exceed the following:
1. One mobile home space per 4,000 square feet of lot area in RS zones.
2. One mobile home space per 3,000 square feet of lot area in RL zones.
3. One mobile home space per 2,000 square feet of lot area in RM zones. Computation of density shall be as provided in MCC 16.27.050.
B. On-Site Storage. Furniture, tools, equipment, building materials, or supplies belonging to the management of the park stored outdoors shall be screened. Screening shall be sight-obscuring and shall blend with the park environment.
C. Street Names and Addresses. Each park street shall be named and each mobile home space shall be numbered as approved by the zoning administrator.
D. Fire Hydrants. Fire hydrants shall be provided within the park on park streets or on a public street in conformance with the design and capacity requirements of the fire district.
E. Roadway Standards. Park roadways shall be located on park property and shall be maintained by the park owner. Roadways shall conform to the following requirements:
1. Park roadways shall be a minimum of 20 feet in width, curb to curb; provided, that if parking is to be allowed on either side of the street on which parking is to be allowed, parking shall be parallel.
2. Streets shall be paved with portland cement, concrete or asphalt concrete, and designed and constructed to adequately support traffic loads and provide adequate drainage.
3. Dead-end roadways over 300 feet in length shall have a cul-de-sac bulb with 38-foot curb radius. Shorter dead-end streets shall have a turnaround area. No dead-end street shall exceed 500 feet in length.
4. Concrete curbs shall be provided.
5. The park roadway system shall have direct connection to a street.
F. Parking. There shall be two automobile parking spaces for each mobile home space in an RS zone and 1.33 spaces in RL and RM zones. Parking spaces may be designed end-to-end, side-to-side, or provided in off-street parking areas as approved by the zoning administrator.
G. Walks. Provisions shall be made for hard-surfaced, well-drained walks, not less than 30 inches in width, from each mobile home space to the park buildings and to a public street or park roadway. If the walk is adjacent to the roadway the curb may be included in meeting the width requirements.
H. Lighting. Roadways and walkways designed for the general use of the park residents shall be lighted during the hours of darkness. Such lighting shall not be under control of the mobile home occupant. Lighting shall be designed to a minimum of 0.35 candlepower per square foot and a maximum of 0.1 watts per square foot energy use.
I. Driveway. Each mobile home space within the park shall have direct access to a park roadway or to a public street which the park abuts on both sides. The driveway shall be an unobstructed area, not less than 10 feet in width, and shall be constructed of hard surface materials and well drained.
J. Door Landings. Each mobile home space shall be provided with a landing area and any needed steps adjacent to each mobile home door. They shall be constructed of concrete, asphalt, flag stone, wood, or other equivalent surface material. The landing area shall be at least three feet by four feet.
K. Separations and Setbacks. Building separations and setbacks from the park boundary for mobile homes, accessory structures, and buildings shall conform to the following:
1. Except as provided in subsections (K)(2) through (4) of this section, a mobile home of the type identified in MCC 16.26.903(A)(1) shall not be located closer than 10 feet to any other mobile home of the same type, or closer than 10 feet to a building or mobile home park boundary if the mobile home is parallel thereto. If not parallel the mobile home shall not come closer than eight feet and have an average setback of 15 feet from any other mobile home, building, or the mobile home park boundary line. A mobile home, regardless of type, shall not be located closer than 15 feet to any mobile home that does not qualify under MCC 16.26.903(A)(1). Setbacks required between mobile homes in this subsection shall be measured from the perimeter of the mobile home and not from attached awnings, cabanas, carports and ramadas or similar attached mobile home accessory structures.
2. An accessory structure shall not be located closer than five feet from any mobile home or other accessory buildings on an abutting space, except that a double carport or garage may be built that serves two abutting mobile homes. Accessory buildings shall be set back at least 10 feet from the park boundary.
3. Mobile homes shall be set back a minimum distance of five feet from the edge of the surface of any abutting park roadway and 30 inches from any sidewalk except that in RS zones there shall be an eight-foot setback for roadways and five feet for sidewalks. A vision clearance area shall be maintained as provided in MCC 16.27.200.
4. A mobile home and any structure in the park other than a sign or fence shall be at least 12 feet from a public street right-of-way; provided, that carports or garages facing a public street shall have a minimum 20-foot setback.
L. Water Supply. All spaces shall be served by a public water system unless a private service is allowed by the applicable city.
M. Sewage Disposal. All spaces shall be served by a public sewer system unless a private system is allowed by the applicable city.
N. Storm Drainage. All spaces shall be provided with adequate storm drainage and connected to the storm drainage system if such system is available. Such facilities shall be sufficient to safely transport through the park all volumes of water generated upstream and on the site. Where a connection will be made to a public storm drainage facility, it shall be approved by the county. An on-site storm water detention system may be required.
O. Foundation. Mobile home and accessory building foundations shall be of sufficient strength to support the loads imposed by the mobile home, based on accepted engineering design standards as approved by the building official. Foundations, tie-downs, or other supports shall be provided to withstand the specific horizontal, up-lift, and overturning wind forces on a mobile home and any attached or supported structures based on accepted engineering design standards, as approved by the building official.
P. Recreational Vehicles. Except as provided in MCC 16.26.904(D) a recreational vehicle shall not remain overnight in a mobile home park unless it is parked in a designated recreational vehicle storage area.
Q. Building Height, Location, and Lot Coverage. Except as modified by this section, all structures within a mobile home park shall comply with all provisions of the zone and any overlay zone in which the park is located.
R. Screening. A fence or wall, at least six feet high, shall be provided along the boundary of the mobile home park except the fence or wall shall not be located in required yards abutting streets or vision clearance areas. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 26.905.]