Chapter 18.75
SUPPLEMENTAL DISTRICT REGULATIONS
Sections:
18.75.010 Application of regulations.
18.75.020 Authorization of similar uses.
18.75.030 Accessory uses and structures.
18.75.050 Day care facilities.
18.75.060 Home instruction classes.
18.75.070 Structures accessory to residential uses.
18.75.090 Manufacturing for retail sale on the premises.
18.75.100 Caretaker’s residence.
18.75.110 Land uses declared to be nuisance.
18.75.130 Marijuana land uses.
18.75.140 Psilocybin facility prohibition.
18.75.010 Application of regulations.
The regulations set by this title within Chapters 18.25 through 18.70 MCMC (related to use, yard size, lot area, etc.) apply to specific districts, whereas, the regulations of Chapters 18.75 through 18.90 MCMC apply to all districts, unless otherwise specified. These supplemental regulations specify the standards applicable to authorization of similar uses, accessory uses, fences, signs, off-street parking and loading. [Ord. 508 § 4.01.0, 1982].
18.75.020 Authorization of similar uses.
A use not specifically listed within the district regulations may be permitted in a particular zone if the use is similar to and not more objectionable to the general welfare than uses authorized in the same zone or district. In determining whether or not a use is similar, it shall be judged that the use is in keeping with the purpose, intent and objective of the particular district; however, in no case shall these regulations be construed to permit a use in a district which is specifically listed in another zone or which is of the same general type as, and is similar to, a use specifically listed in another zone. [Ord. 508 § 4.02.0, 1982].
18.75.030 Accessory uses and structures.
Uses and structures customarily accessory to those uses permitted within the various districts shall be permitted and shall comply with all requirements for the principal use except as modified by the “limitations and exceptions” set forth herein. [Ord. 508 § 4.03.0, 1982].
18.75.040 Home occupations.
A home occupation, as defined in Chapter 18.10 MCMC, shall be a permitted accessory use in all residential districts, provided the conditions of the following subsections are satisfied:
(1) No sign is used other than a residential nameplate not over two square feet in area.
(2) There is no display that will indicate from the exterior that the building is used in whole or in part for any purpose other than a dwelling.
(3) The building retains the characteristics of a residence.
(4) There is no outside storage of materials.
(5) No nonfamily paid employees shall perform work or render services to clients upon the premises.
(6) No dwelling shall be used as a headquarters for the assembly of employees for instruction, for assembly of employees to dispatch for work at other locations, or assembly of employees for other purposes.
(7) All aspects of a home occupation shall be contained and conducted within a completely enclosed building which shall be the same structure as the principal residence or appropriate accessory building.
(8) The aggregate of all space within any building devoted to one or more home occupations shall not exceed 500 square feet in floor area, except such space within or on a lot occupied by a multiple-family dwelling containing three or more units shall not exceed 100 square feet in floor area for any one dwelling unit.
(9) Products made or sold shall be disposed of primarily by delivery from the premises to the homes or places of business of customers.
(10) Customer and client contact shall be primarily by telephone, by mail, or in their homes and places of business, except for those home occupations which, by their very nature, cannot otherwise be conducted except by occasional contact upon the premises.
(11) Child care, as a home occupation, shall be limited to not more than five children under the age of 15 years on the premises at one time. Care provided to six or more children shall be considered a “day care group home” (see MCMC 18.75.050). [Ord. 508 § 4.03.1, 1982].
18.75.050 Day care facilities.
“Day care facility,” as defined in Chapter 18.10 MCMC, includes a family day care home and may be considered home occupation when the requirements of MCMC 18.75.040 are met. However, for the purposes of this title, a family day care home exceeds the limitations for a home occupation when care is provided for six or more children at one time and, in such case, shall be referred to as a “day care group home.” “Day care center” refers to a nonresidential facility licensed by the state of Oregon for day care purposes. “Day care group homes” and “day care centers” may be permitted (1) in all residential districts upon issuance of a conditional use permit, and (2) in other districts where specifically listed; provided, that:
(1) A valid state certificate of approval issued by children’s services division is obtained for any day care facility where six or more children who are unrelated to the care giver are in care at any one time.
(2) As a condition of approval, it may be stipulated that a conditional use permit for a day care group home be reviewed annually as follows: prior to the expiration date, the information regarding the requested use will be updated and reviewed by the city administrator. If any substantial changes have occurred resulting in an increased impact on the neighborhood, or if the city has received any justifiable complaints regarding the use, the applicant will be directed to the planning commission for redetermination after an advertised public hearing. Otherwise, the city administrator shall renew the conditional use permit.
(3) An off-street location for temporary parking while transferring children to and from the vehicle is provided along with the off-street parking spaces that may be required.
(4) Outdoor play areas are to be enclosed by a barrier that is a minimum of three feet in height. [Ord. 508 § 4.03.2, 1982].
18.75.060 Home instruction classes.
Home instruction classes which are not permitted outright through the provisions for a home occupation may be permitted conditionally where specified within the district regulations; provided, that:
(1) Instruction in music is limited to no more than two students on the premises at one time.
(2) Instruction in crafts is limited to no more than six students on the premises at one time.
(3) The conditions set forth in MCMC 18.75.040(1) through (9) are satisfied in addition to the permit criteria set forth in Chapter 18.170 MCMC. [Ord. 508 § 4.03.3, 1982].
18.75.070 Structures accessory to residential uses.
Permitted accessory structures to residential uses shall include garages and carports, accessory dwellings, noncommercial workshops, tool, garbage and wood sheds, private tennis courts, noncommercial greenhouses or hothouses, private swimming pools, and other similar accessory structures subject to the following limitations and exceptions:
(1) Setback Exception. An accessory structure separated from the main building by more than 10 feet may be located in the rear and/or side yard, provided the structure, including any architectural projection, is no closer than four feet to a property line except when regulated by MCMC 18.75.080 for pens, cages, stables and barns.
(2) Maximum Size Structure. An accessory structure shall not exceed one story in height (20 feet) and shall not contain more than 1,000 square feet of floor space or cover more than 25 percent of the lot area, whichever is smaller.
(a) Applications for recreational vehicle storage garages and similar accessory uses which exceed the square foot limit shall be processed as a conditional use.
(b) In accordance with the Uniform Building Code, detached accessory structures with a projected roof area of less than 200 square feet are exempt from building permit requirements but remain subject to setback requirements and other provisions of this section.
(c) A “pre-manufactured” structure larger than 250 square feet shall not be permitted as an accessory structure in residential zones unless it has been certified as meeting the same building code standards as a site built structure. A vehicle, including a travel trailer or mobile home, shall not be used as a storage shed, guest house or other accessory structure.
(3) Suburban Lot Exception. One accessory building separated from the main building by more than 10 feet may be located in the front portion of a lot that is one acre or greater in size, provided the structure:
(a) Is constructed within or perpendicularly contiguous to the side yard; however, in no case shall the structure, including architectural projections, be closer than four feet to the property line; and
(b) Be located in the rear and/or side yard of a proposed future lot or parcel as shown in an approved redevelopment plan; and
(c) Will demonstrate, through an approved site plan, that the location of the structure will maintain the characteristics of a residence, and will not substantially obstruct the view of the house to and/or from the street.
(4) Pools to Be Enclosed. Swimming pools over three feet in depth (whether in ground or above ground) shall be securely enclosed by a fence, wall or solid hedge which is a minimum of four and one-half feet in height. All exterior gates shall be provided with self-closing hardware.
(5) Required Yard Area. Pools and courts (including but not limited to aprons, walls, and equipment rooms) shall not protrude into any required side or front yard.
(6) Business Prohibited. Private pools, tennis courts, and similar accessory recreational structures located in residential districts shall not be operated as a business or a private club. Such clubs or facilities are generally a primary use and are specifically regulated. [Ord. 830 § 1 (Exh. A), 2020; Ord. 12-001 § 1 (Exh. A), 2012; Ord. 508 § 4.03.4, 1982].
18.75.080 Agricultural uses.
Notwithstanding provisions provided by the general laws and ordinances of the city of Myrtle Creek in regards to livestock or public nuisance, the following practices are permitted accessory uses, except for those uses associated with “marijuana producers,” as defined within Chapter 18.10 MCMC:
(1) Crops. Gardens, orchards, and crop cultivation, provided no sales area or retail business is operated on the premises in connection therewith except where such commercial use is specifically permitted in accordance with the district regulations.
(2) Livestock. The raising and maintenance of poultry or livestock (excluding swine), provided no sales area or retail business is operated on the premises in connection therewith; and provided further, that all livestock shall be contained by appropriate fencing, and any pens, cages, stables, or barns for maintenance of livestock or poultry or piles of manure, feed and bedding shall be located 25 feet from any street or residential lot line in order to minimize odor and nuisance problems. [Ord. 807 § 1 (Exh. A), 2016; Ord. 508 § 4.03.5, 1982].
18.75.090 Manufacturing for retail sale on the premises.
The custom manufacturing or production of items sold on the premises is permitted as an accessory use in all commercial districts, provided the following conditions are satisfied:
(1) The manufacturing, processing or compounding of products is clearly incidental and secondary to the retail business conducted on the premises.
(2) The manufacturing, processing or compounding of products does not occupy more than 50 percent of the floor area of the building.
(3) The manufacturing, processing or compounding of products is not objectionable to neighboring property due to noise, dust, odor, smoke, vibration or other similar uses.
(4) No outside storage or on-site disposal of equipment, materials or industrial waste is involved. [Ord. 508 § 4.03.6, 1982].
18.75.100 Caretaker’s residence.
One single-family residence for a caretaker, owner, operator, manager or watchman and their immediate family is permitted as an attached or detached dwelling for any commercial or industrial use, kennel, or veterinary clinic, for purposes of security and protection of the principal use. The dimensional standards of the R-1 district shall be applicable to a caretaker’s residence. Other applicable standards shall not differ from those imposed by this title on any other housing unit of the same type. [Ord. 508 § 4.03.7, 1982].
18.75.110 Land uses declared to be nuisance.
The keeping of livestock and other uses permitted by this title shall be subject to the regulations adopted by the city relating to public nuisances, such as those uses creating unnecessary noise or affecting the public health. Upon determination that a nuisance exists, it shall be removed in accordance with the procedures for abatement contained in the Myrtle Creek “nuisance ordinance” or as may otherwise be provided. The following land uses are specifically declared to be a nuisance and potential hazard to the public health and safety:
(1) Junk Vehicles. Pursuant to Chapter 8.10 MCMC, it shall be unlawful to park, store or leave any licensed or unlicensed motor vehicles of any kind for a period of time in excess of 72 hours which are in a rusted, wrecked, junked or partially dismantled or inoperative or abandoned condition, whether attended or not, upon any public or private property unless said vehicle is enclosed within a building or unless it is in connection with a business property operated in the appropriate zoning district.
(2) Vehicles Over Eight Feet in Width. It shall be unlawful to park, store or leave any vehicle, including a mobile home, that is more than eight feet in width (not including mirrors, bunks or clearance lights) on a residential street or lot for more than 24 consecutive hours unless the storage of said vehicle is essential and directly associated with a permit authorized for the transport and placement of said vehicle.
(3) Living in Vehicles. Pursuant to Chapter 18.125 MCMC, it shall be unlawful to use a travel trailer, camper, recreational vehicle or similar vehicle for living or sleeping purposes while parked on public or private property (including public streets) without a “permit for sleeping purposes only,” unless said vehicle is legally parked in a park designed for such purpose. Refer to MCMC 9.05.150 for exceptions for those experiencing homelessness. [Ord. 852, 2023; Ord. 508 § 4.03.8, 1982].
18.75.120 Garage/yard sales.
Garage sales are generally permitted as an accessory use; however, there are times when this privilege is abused by sales that are long-lasting and potentially permanent businesses that should properly locate in a commercial district. Therefore, garage sales as a permitted accessory use shall be regulated as follows:
(1) Definition. “Garage sale” is defined as a temporary sale of recycled household goods conducted in a garage, yard, patio or other accessory area of a residence.
(2) Residential Zones. Garage sales conducted for more than eight consecutive days or more than eight days in one calendar month or more than 60 days in one calendar year at the same address shall be defined as a commercial operation and shall not be permitted in residential zones.
(3) Commercial Zones. Garage sales defined as a commercial operation may be located in commercial zones subject to the district regulations and development standards set forth in this title for the applicable zoning district (such as customer parking and outside storage limitations).
(4) Business License. Garage sales defined as a commercial operation shall be required to pay the city occupational tax (“business license”). [Ord. 508 § 4.03.9, 1982].
18.75.130 Marijuana land uses.
Marijuana land uses, as defined within Chapter 18.10 MCMC, shall be conditionally permitted in commercial and manufacturing zones and only when specified as follows:
(1) Uses identified with a “CP” are conditionally permitted within the respective zoning districts. These requests shall be subject to the provisions contained within Chapter 18.170 MCMC.
(2) Uses identified with an “NP” are explicitly prohibited within the respective zoning districts.
|
Zoning District |
C-1 |
C-2 |
C-3 |
GM |
|---|---|---|---|---|
|
Specific Use |
|
|
|
|
|
Marijuana Processor |
NP |
NP |
NP |
CP[3] |
|
Marijuana Producer |
NP |
NP |
CP[2] |
CP[2] |
|
Marijuana Retailer |
CP[1] |
CP[1] |
CP[1] |
NP |
|
Marijuana Wholesaler |
NP |
NP |
CP[3] |
CP[3] |
|
Medical Marijuana Dispensary |
CP[1] |
CP[1] |
CP[1] |
NP |
**Marijuana land uses regulated by this title are not allowed within residential zoning districts.
[1] Location shall not be within 1,000 feet of the property of another marijuana dispensary or marijuana retail sale store, school or preschool, 500 feet from any community service zone or 200 feet from any property zoned residential. In addition, any and all medical marijuana dispensaries must be registered with the Oregon Health Authority under ORS 475.314 and comply with all OHA rules. In addition, any and all marijuana retailers must be licensed by OLCC and comply with all OLCC rules.
[2] Location shall not be within 1,000 feet of the property of a school or preschool. If a “greenhouse” style structure is used for the purpose of marijuana production, the structure shall be screened from adjacent properties and public right-of-way in accordance with MCMC 18.110.040(3).
[3] Location shall not be within 1,000 feet of the property of a school or preschool.
All aspects of the operation, with the exception of transporting products, are performed within an enclosed structure.
[Ord. 846 § 1 (Exh. C), 2022; Ord. 807 § 1 (Exh. A), 2016].
18.75.140 Psilocybin facility prohibition.
No person, business or entity may establish a psilocybin facility within city limits. The establishment, maintenance, or operation of a psilocybin facility by a person, business or any other entity within the city in violation of this chapter is declared to be a public nuisance. [Ord. 859 § 1, 2024].