Chapter 1.6 USE CATEGORIES

This chapter classifies land uses and activities into use categories on the basis of common functional, product, or physical characteristics, as follows:

A. Categorization. Uses are assigned to the category whose description most closely describes the nature of the primary use. The characteristics subsection of each use category describes the characteristics of each use category. Developments may have more than one primary use. Developments may also have one or more accessory uses.

B. Interpretation. When a use’s category is not clearly identifiable, the city of Silverton community development director, through a Type II procedure, determines the applicable use category. The following is considered to determine the appropriate use category the use is in, and whether the activities constitute primary use or accessory use:

1. The description of the activity(ies) in relationship to the characteristics of each use category;

2. The relative amount of site or floor space and equipment devoted to the activity;

3. Relative amounts of sales from each activity;

4. The customer type for each activity;

5. The relative number of employees in each activity;

6. Hours of operation;

7. Building and site arrangement;

8. Vehicles used with the activity;

9. The relative number of vehicle trips generated by the activity;

10. Signs;

11. How the use advertises itself; and

12. Whether the activity would function independently of the other activities on the site.

C. Developments with Multiple Primary Uses. When all primary uses of a development fall within one use category, then the development is assigned to that use category. For example, a development that contains a retail bakery and a cafe would be classified in the retail sales and service category because all the primary uses are in that category. When the primary uses of a development fall within different use categories, each primary use is classified in the applicable category and is subject to the regulations for that category.

D. Accessory Uses. Accessory uses are allowed by right in conjunction with the use unless stated otherwise in the regulations. Also, unless otherwise stated, they are subject to the same regulations as the primary use. Typical accessory uses are listed as examples with the categories.

E. Use of Examples. The examples subsection of each use category provides a list of examples of uses that are included but not necessarily limited to each use category. The names of uses on the lists are generic. They are based on the common meaning of the terms and not on what a specific use may call itself. For example, a use whose business name is “Wholesale Liquidation,” but that sells mostly to consumers, would be included in the retail sales and service category rather than the wholesale sales category. This is because the actual activity on the site matches the description of the retail sales and service category. (Ord. 08-06 § 3, 2008)

Part II. Residential Use Categories

1.6.100 Group living.

A. Characteristics. Group living is characterized by the residential occupancy of a structure by a group of people who do not meet the definition of household living. The size of the group will be larger than the average size of a household. Tenancy is arranged on a month-to-month basis or for a longer period. Uses where tenancy may be arranged for a shorter period are not considered residential. They are considered to be a form of transient lodging (see the retail sales and service and community service categories). Generally, group living structures have a common eating area for residents. The residents may or may not receive any combination of care, training, or treatment, as long as they also reside at the site. Group living may include the state definition of “residential facility” (see SDC 1.5.300, Definitions).

B. Accessory Uses. Accessory uses commonly found are recreational facilities, parking of autos for the occupants and staff, and parking of vehicles for the facility.

C. Examples. Examples include dormitories; fraternities and sororities; monasteries and convents; nursing and convalescent homes; some group homes for the physically and/or mentally disabled; some residential programs for drug and alcohol treatment; and alternative- or post-incarceration facilities.

D. Exceptions.

1. Lodging where tenancy may be arranged for periods less than one month is considered a hotel or motel use and is classified in the retail sales and service category. However, in certain situations, lodging where tenancy may be arranged for periods less than one month may be classified as a community service use such as short-term housing.

2. Lodging where the residents meet the definition of household, and where tenancy is arranged on a month-to-month basis or for a longer period, is classified as household living.

3. Facilities for people who are under judicial detainment and are under the supervision of sworn officers are included in the detention facilities category. (Ord. 08-06 § 3, 2008)

1.6.110 Household living.

A. Characteristics. Household living is characterized by the residential occupancy of a dwelling unit by a household. Where units are rented, tenancy is arranged on a month-to-month basis, or for a longer period. Uses where tenancy may be arranged for a shorter period are not considered residential. They are considered to be a form of transient lodging (see the retail sales and service and community service categories). Apartment complexes that have accessory services such as food service, dining rooms, and housekeeping are included as household living. Single-room-occupancy (SRO) housing, that does not have totally self-contained dwelling units, is also included if at least two-thirds of the units are rented on a monthly basis. Single-room-occupancy apartments/rooming houses (SROs) may have a common food preparation area, but meals are prepared individually by the residents. In addition, residential care homes are included in the household living category. “Residential care home” means any home licensed by or under the authority of the Department of Human Resources as defined in ORS 443.400, a residential home registered under ORS 443.480 to 443.500 or an adult foster home licensed under ORS 443.505 to 443.825 which provides residential care for not more than five individuals who need not be related, excluding required staff persons.

B. Accessory Uses. Accessory uses commonly found are recreational activities, home gardening, raising of pets, hobbies, and parking of the occupants’ vehicles. Home occupations, accessory dwelling units/guest houses with kitchen facilities, and bed and breakfast facilities are accessory uses that are subject to additional regulations.

C. Examples. Uses include living in houses, duplexes, apartments, condominiums, retirement center apartments, manufactured housing, and other structures with self-contained dwelling units. Examples also include living in single-room-occupancy apartments/rooming houses (SROs) if the provisions are met regarding length of stay and separate meal preparation.

D. Exceptions.

1. Lodging in a dwelling unit or SRO where less than two-thirds of the units are rented on a monthly basis is considered a hotel or motel use and is classified in the retail sales and service category.

2. SROs that provide common dining only are classified as group living.

3. In certain situations, lodging where tenancy may be arranged for periods less than one month may be classified as a community service use, such as short-term housing or mass shelter. (Ord. 08-06 § 3, 2008)

Part III. Commercial Use Categories

1.6.200 Commercial outdoor recreation.

A. Characteristics. Commercial outdoor recreation uses are large, generally commercial uses that provide continuous recreation- or entertainment-oriented activities. They generally take place outdoors. They may take place in a number of structures that are arranged together in an outdoor setting.

B. Accessory Uses. Accessory uses may include concessions, restaurants, parking, caretaker’s quarters (limited to 800 square feet), and maintenance facilities.

C. Examples. Examples include amusement parks, theme parks, golf driving ranges, miniature golf facilities, and marinas.

D. Exceptions.

1. Golf courses providing less than 2,000 square feet of commercial use (e.g., clubhouse, restaurant, rental shop, similar use) and not hosting professional or professional/amateur (pro-am) competitions may be classified as parks and open space. See also subsection (D)(2) of this section.

2. Uses that draw large numbers of people to periodic events, rather than on a continuous basis, are classified as major event entertainment. (Ord. 08-06 § 3, 2008)

1.6.210 Commercial parking.

A. Characteristics. Commercial parking facilities provide parking that is not accessory to a specific use. A fee may or may not be charged. A facility that provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also classified as a commercial parking facility.

B. Accessory Uses. In a parking structure only, accessory uses may include car washing and vehicle repair activities.

C. Examples. Examples include short- and long-term fee parking facilities, commercial district shared parking lots, commercial shuttle parking, and mixed parking lots (partially for a specific use, partly for rent to others).

D. Exceptions.

1. Parking facilities that are accessory to a use, but that charge the public to park for occasional events nearby, are not considered commercial parking facilities.

2. Parking facilities that are accessory to a primary use are not considered commercial parking uses, even if the operator leases the facility to the primary use or charges a fee to the individuals who park in the facility. See “Accessory parking facilities” in SDC 1.5.300, Definitions.

3. Public transit park-and-ride facilities are classified as basic utilities. (Ord. 08-06 § 3, 2008)

1.6.220 Quick vehicle servicing.

A. Characteristics. Quick vehicle servicing uses provide direct services for motor vehicles where the driver generally waits in the car before and while the service is performed. The development will include a drive-through facility, the area where the service is performed (See SDC 1.5.300, Definitions). Full-serve and mini-serve gas stations are always classified as a primary use (quick vehicle servicing), rather than an accessory use, even when they are in conjunction with other uses.

B. Accessory Uses. Accessory uses may include auto repair and tire sales.

C. Examples. Examples include full-serve and mini-serve gas stations, unattended card key stations, car washes, and quick lubrication services.

D. Exceptions.

1. Truck stops are classified as industrial service.

2. Refueling facilities for the vehicles that belong to a specific use (fleet vehicles), that are on the site where the vehicles are kept, are accessory to the use. (Ord. 08-06 § 3, 2008)

1.6.230 Major event entertainment.

A. Characteristics. Major event entertainment uses are characterized by activities and structures that draw large numbers of people to specific events or shows. Activities are generally of a spectator nature.

B. Accessory Uses. Accessory uses may include restaurants, bars, concessions, parking, and maintenance facilities.

C. Examples. Examples include sports arenas, race tracks (auto, horse, dog, etc.), auditoriums, exhibition and meeting areas, outdoor amphitheaters, and fairgrounds.

D. Exceptions.

1. Exhibition and meeting areas with less than 10,000 square feet of total event area are classified as retail sales and service.

2. Banquet halls that are part of hotels or restaurants are accessory to those uses, which are included in the retail sales and service category.

3. Theaters, including drive-in theaters, are classified as retail sales and service. (Ord. 08-06 § 3, 2008)

1.6.235 Educational services, commercial.

A. Characteristics. Commercial educational service uses are characterized by activities conducted in an office setting and generally focusing on serving students with supplemental education, enrichment, and/or tutoring.

B. Accessory Uses. Accessory uses may include incidental retail (e.g., sale of instructional materials), parking, or other amenities primarily for the use of employees and customers.

C. Examples. Examples include tutoring centers, computer classes, after school math and reading centers, and arts and crafts classes. (Ord. 08-06 § 3, 2008)

1.6.240 Office.

A. Characteristics. Office uses are characterized by activities conducted in an office setting and generally focusing on business, government, professional, medical, or financial services.

B. Accessory Uses. Accessory uses may include cafeterias, health facilities, parking, or other amenities primarily for the use of employees in the firm or building.

C. Examples. Examples include professional services such as lawyers, accountants, engineers, or architects; financial businesses such as lenders, brokerage houses, bank headquarters, or real estate agents; data processing; sales offices; government offices and public utility offices; TV and radio studios; medical and dental clinics, and medical and dental labs.

D. Exceptions.

1. Offices that are part of and are located with a firm in another category are considered accessory to the firm’s primary activity. Headquarters offices, when in conjunction with or adjacent to a primary use in another category, are considered part of the other category.

2. Contractors and others who perform construction or similar services off site are included in the office category if equipment and materials are not stored on the site and fabrication, services, or similar work is not carried on at the site.

3. Mobile health screening uses are considered temporary uses. (Ord. 08-06 § 3, 2008)

1.6.250 Retail sales and service.

A. Characteristics. Retail sales and service firms are involved in the sale, lease or rent of new or used products to the general public. They may also provide personal services or entertainment, or provide product repair or services for consumer and business goods.

B. Accessory Uses. Accessory uses may include offices, storage of goods, manufacture or repackaging of goods for on-site sale, and parking.

C. Examples. Examples include uses from the four subgroups listed below:

1. Sales-Oriented. Stores selling, leasing, or renting consumer, home, and business goods including art, art supplies, bicycles, clothing, dry goods, electronic equipment, fabric, furniture, garden supplies, gifts, groceries, hardware, home improvements, household products, jewelry, pets, pet food, pharmaceuticals, plants, printed material, stationery, and videos; food sales, and sales or leasing of consumer vehicles including passenger vehicles, motorcycles, light and medium trucks, and other recreational vehicles.

2. Personal Service-Oriented. Branch banks; urgency medical care; laundromats; photographic studios; photocopy and blueprint services; hair, tanning, and personal care services; tax preparers, accountants, real estate, legal, financial services; business, martial arts, and other trade schools; dance or music classes; taxidermists; mortuaries; veterinarians; kennels limited to boarding, with no breeding; and animal grooming.

3. Entertainment-Oriented. Restaurants, cafes, delicatessens, taverns, and bars; indoor or outdoor continuous entertainment activities such as bowling alleys, ice rinks, and game arcades; pool halls; indoor firing ranges; theaters, health clubs, gyms, membership clubs, and lodges; hotels, motels, recreational vehicle parks, and other temporary lodging with an average length of stay of less than 30 days.

4. Repair-Oriented. Repair of TVs, bicycles, clocks, watches, shoes, guns, appliances and office equipment; photo or laundry drop-off; quick printing; recycling drop-off; tailor; locksmith; and upholsterer.

D. Exceptions.

1. Lumber yards and other building material sales that sell primarily to contractors and do not have a retail orientation are classified as wholesale sales.

2. The sale of landscape materials, including bark chips and compost, not in conjunction with a primary retail use, is classified as industrial service.

3. Repair and service of consumer motor vehicles, motorcycles, and light and medium trucks is classified as vehicle repair. Repair and service of industrial vehicles and equipment and heavy trucks is classified as industrial service.

4. Sales, rental, or leasing of heavy trucks and equipment is classified as wholesale sales.

5. Hotels, restaurants, and other services that are part of a truck stop are considered accessory to the truck stop that is classified as industrial service.

6. In certain situations, hotels and motels may be classified as a community service use, such as short-term housing or mass shelter. See SDC 1.6.420, Community services.

7. When kennels are limited to boarding, with no breeding, the applicant may choose to classify the use as retail sales and service or agriculture. (Ord. 08-06 § 3, 2008)

1.6.260 Self-service storage.

A. Characteristics. Self-service storage uses provide separate storage areas for individual or business uses. The storage areas are designed to allow private access by the tenant for storing personal property.

B. Accessory Uses. Accessory uses may include security and leasing offices. Living quarters for one resident manager per site are allowed. Other living quarters are subject to the regulations for residential uses. Use of the storage areas for sales, service and repair operations, or manufacturing is not considered accessory to the self-service storage use. The rental of trucks or equipment is also not considered accessory to a self-service storage use.

C. Examples. Examples include single story and multi-story facilities that provide individual storage areas for rent. These uses are also called mini-warehouses.

D. Exceptions. A transfer and storage business where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred is in the warehouse and freight movement category. (Ord. 08-06 § 3, 2008)

1.6.270 Vehicle repair.

A. Characteristics. Firms servicing passenger vehicles, light and medium trucks and other consumer motor vehicles such as motorcycles, boats and recreational vehicles. Generally, the customer does not wait at the site while the service or repair is being performed. (Different than quick vehicle services category.)

B. Accessory Uses. Accessory uses may include offices, sales of parts, and vehicle storage.

C. Examples. Examples include vehicle repair, transmission or muffler shop, auto body shop, alignment shop, auto upholstery shop, auto detailing, and tire sales and mounting.

D. Exceptions. Repair and service of industrial vehicles and equipment, and of heavy trucks; towing and vehicle storage; and vehicle wrecking and salvage are classified as industrial service. (Ord. 08-06 § 3, 2008)

Part IV. Industrial Use Categories

1.6.300 Industrial service.

A. Characteristics. Industrial service firms are engaged in the repair or servicing of industrial, business or consumer machinery, equipment, products or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off site. Few customers, especially the general public, come to the site.

B. Accessory Uses. Accessory uses may include offices, parking, storage, rail spurs, and loading docks.

C. Examples. Examples include welding shops; machine shops; tool repair; electric motor repair; repair of scientific or professional instruments; sales, repair, storage, salvage or wrecking of heavy machinery, metal, and building materials; towing and vehicle storage; auto and truck salvage and wrecking; heavy truck servicing and repair; tire re-treading or recapping; truck stops; building, heating, plumbing or electrical contractors; printing, publishing and lithography; exterminators; recycling operations; janitorial and building maintenance services; fuel oil distributors; solid fuel yards; research and development laboratories; dry-docks and the repair or dismantling of ships and barges; laundry, dry-cleaning, and carpet cleaning plants; and photofinishing laboratories.

D. Exceptions.

1. Contractors and others who perform industrial services off site are included in the office category, if equipment and materials are not stored at the site, and fabrication or similar work is not carried on at the site.

2. Hotels, restaurants, and other services that are part of a truck stop are considered accessory to the truck stop. (Ord. 08-06 § 3, 2008)

1.6.305 Heavy industrial.*

A. Characteristics. Heavy industrial firms typically create materials that are used by other industrial users rather than the end consumer. These operations typically use processes that are energy, utility and/or material intensive in nature (i.e., ship building vs. furniture building). Most users bring materials in and ship products out, so goods are generally not displayed or sold on site. If sales occur, they are a subordinate part of the operation. Few customers come to an industrial site. Any use that utilizes or creates hazardous waste, heavy metals and/or pollutants of concern (as defined by Oregon DEQ) as a primary component or byproduct may be classified as heavy industrial.

B. Accessory Uses. Accessory uses may include offices, cafeterias, parking, employee recreational facilities, warehouses, storage yards, rail spurs or lead lines, docks, repair facilities, or truck fleets. Living quarters for one caretaker per site are allowed, not to exceed 800 square feet. Other living quarters are subject to the regulations for residential uses.

C. Examples. Auto and truck salvage and wrecking; slaughterhouses and meatpacking; feed lots and animal dipping; fuel oil distributors; solid fuel yards; pulp and paper mills; production of chemical, rubber, leather, or plastic; manufacture or storage of weapons, ammunition and/or fireworks; concrete batching and asphalt mixing; production of metals or metal products including enameling and galvanizing; waste-related uses also include uses that receive hazardous wastes from others and are subject to the regulations of OAR 340-100 through 340-110, Hazardous Waste Management; sanitary landfills; and hazardous-waste-collection sites.

D. Exceptions.

1. Small-scale (up to 5,000 square feet of gross floor area) for weapons and ammunition sales and storage are considered a retail use.

2. Small-scale (up to 5,000 square feet of gross floor area) for slaughterhouses and meatpacking operations are considered a retail use. (Ord. 14-01 § 1 (Exh. A), 2014)

* Code reviser’s note: Ord. 14-01 adds this section as 1.6.300. It has been editorially renumbered to avoid duplication of numbering.

1.6.310 Manufacturing and production.

A. Characteristics. Manufacturing and production firms are involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, manmade, raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to-order for firms or consumers. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales. Relatively few customers come to the manufacturing site.

C. Examples. Examples include processing of food and related products; catering establishments; breweries, distilleries, and wineries; slaughterhouses, and meatpacking; feed lots and animal dipping; weaving or production of textiles or apparel; lumber mills, pulp and paper mills, and other wood products manufacturing; woodworking, including cabinetmakers; production of chemical, rubber, leather, clay, bone, plastic, stone, or glass materials or products; movie production facilities; ship and barge building; concrete batching and asphalt mixing; production or fabrication of metals or metal products including enameling and galvanizing; manufacture or assembly of machinery, equipment, instruments, including musical instruments, vehicles, appliances, precision items, and other electrical items; production of artwork and toys; signmaking; production of prefabricated structures, including mobile homes; and the production of energy.

D. Exceptions.

1. Manufacturing of goods to be sold primarily on site and to the general public is classified as retail sales and service.

2. Manufacture and production of goods from composting organic material is classified as waste-related uses. (Ord. 08-06 § 3, 2008)

1.6.320 Warehouse, freight movement, and distribution.

A. Characteristics. Warehouse, freight movement, and distribution involves the storage or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. There is little on-site sales activity with the customer present.

B. Accessory Uses. Accessory uses may include offices, truck fleet parking and maintenance areas, rail spurs or lead lines, docks, and repackaging of goods.

C. Examples. Examples include separate warehouses used by retail stores such as furniture and appliance stores; household moving and general freight storage; cold storage plants, including frozen food lockers; storage of weapons and ammunition; major wholesale distribution centers; truck or other freight terminals; bus barns; parcel services; major post offices; grain terminals; and the stockpiling of sand, gravel, or other aggregate materials.

D. Exceptions.

1. Uses that involve the transfer or storage of solid or liquid wastes are classified as waste-related uses.

2. Mini-warehouses are classified as self-service storage uses. (Ord. 08-06 § 3, 2008)

1.6.330 Waste-related.

A. Characteristics. Waste-related uses are characterized by uses that receive solid or liquid wastes from others for disposal on the site or for transfer to another location, uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the biological decomposition of organic material. Waste-related uses also include uses that receive hazardous wastes from others and are subject to the regulations of OAR 340-100 through 340-110, Hazardous Waste Management.

B. Accessory Uses. Accessory uses may include recycling of materials, offices, and repackaging and transshipment of by-products.

C. Examples. Examples include sanitary landfills, limited use landfills, waste composting, recycling centers, energy recovery plants, sewer treatment plants, portable sanitary collection, equipment storage and pumping, waste sorting and transfer facilities, and hazardous-waste-collection sites.

D. Exceptions.

1. Disposal of clean fill, as defined in OAR 340-093-0030, is considered a fill, not a waste-related use.

2. Sewer pipes that serve a development are considered a basic utility. (Ord. 08-06 § 3, 2008)

1.6.340 Wholesale sales.

A. Characteristics. Wholesale sales firms are involved in the sale, lease, or rent of products primarily intended for industrial, institutional, or commercial businesses. The uses emphasize on-site sales or order taking and often include display areas. Businesses may or may not be open to the general public, but sales to the general public are limited as a result of the way in which the firm operates. Products may be picked up on site or delivered to the customer.

B. Accessory Uses. Accessory uses may include offices, product repair, warehouses, parking, minor fabrication services, and repackaging of goods.

C. Examples. Examples include sale or rental of machinery, equipment, heavy trucks, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment, and store fixtures; mail order houses; and wholesalers of food, clothing, auto parts, building hardware, and office supplies.

D. Exceptions.

1. Firms that engage primarily in sales to the general public are classified as retail sales and service.

2. Firms that engage in sales on a membership basis are classified as either retail sales and service or wholesale sales, based on a consideration of characteristics of the use.

3. Firms that are primarily storing goods with little on-site business activity are classified as warehouse, freight movement, and distribution. (Ord. 08-06 § 3, 2008)

Part V. Institutional Use Categories

1.6.400 Basic utilities.

A. Characteristics. Basic utilities are infrastructure services that need to be located in or near the area where the service is provided. Basic utility uses generally do not have regular employees at the site. Services may be public or privately provided. All public safety facilities are basic utilities.

B. Accessory Uses. Accessory uses may include parking; control, monitoring, data or transmission equipment; and holding cells within a police station.

C. Examples. Examples include water and sewer pump stations; sewage disposal and conveyance systems; electrical substations; water towers and reservoirs; water quality and flow control facilities; water conveyance systems; stormwater facilities and conveyance systems; telephone exchanges; bus stops or turnarounds, suspended cable transportation systems, transit centers; and public safety facilities, including fire and police stations, and emergency communication broadcast facilities.

D. Exceptions.

1. Services where people are generally present, other than bus stops or turnarounds, transit centers, and public safety facilities, are classified as community services or offices.

2. Utility offices where employees or customers are generally present are classified as offices.

3. Bus barns are classified as warehouse and freight movement.

4. Public or private passageways, including easements, for the express purpose of transmitting or transporting electricity, gas, oil, water, sewage, communication signals, or other similar services on a regional level are classified as rail lines and utility corridors. (Ord. 08-06 § 3, 2008)

1.6.410 Renewable energy facilities.

A. Characteristics. This category includes facilities which produce renewable energy through the use of hydroelectric, wind, solar, geothermal, or other nonpolluting technologies. Renewable energy facilities may provide energy to sustainable on-site uses or may provide some or all of the produced energy to off-site uses. This category may have regular employees at the site. These facilities may be publicly or privately owned.

B. Accessory Uses. Accessory uses may include parking, offices, and control, monitoring, data or transmission equipment.

C. Examples. Examples include hydroelectric dams and plants, geothermal power plants, single wind turbines or wind farms, solar farms, and greater than 200 square feet of solar panels not integrated into a structure’s design and visible from a public right-of-way.

D. Exceptions. This category does not include nonrenewable energy facilities which burn fossil fuels, biofuels, involve nuclear technologies, or other polluting technologies. (Ord. 10-02 Exh. A § B, 2010)

1.6.420 Nonrenewable energy facilities.

A. Characteristics. This category includes facilities which produce nonrenewable energy from the burning of fossil fuels or biofuels, use of nuclear technologies, or use of other polluting technologies. Nonrenewable energy facilities may provide energy to on-site uses or may provide some or all of the produced energy to off-site uses. This category may have regular employees at the site. These facilities may be publicly or privately owned.

B. Accessory Uses. Accessory uses may include parking, offices, and control, monitoring, data or transmission equipment.

C. Examples. Examples include coal- or oil-fired power plants, biofuel-fired power plants, or nuclear power plants.

D. Exceptions. This category does not include renewable energy facilities which produce energy through the use of hydroelectric, wind, solar, geothermal, or other nonpolluting technologies. (Ord. 10-02 Exh. A § B, 2010)

1.6.430 Colleges.

A. Characteristics. This category includes colleges and other institutions of higher learning that offer courses of general or specialized study leading to a degree. They are certified by the State Board of Higher Education or by a recognized accrediting agency. Colleges tend to be in campus-like settings or on multiple blocks, though they may be contained in a single building.

B. Accessory Uses. Accessory uses include offices, housing for students, food service, laboratories, health and sports facilities, theaters, meeting areas, parking, maintenance facilities, and support commercial.

C. Examples. Examples include universities, liberal arts colleges, community colleges, nursing and medical schools not accessory to a hospital, computer schools, higher education religious schools, and seminaries.

D. Exceptions. Business and trade schools are classified as retail sales and service. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008. Formerly 1.6.410)

1.6.440 Community services.

A. Characteristics. Community services are uses of a public, nonprofit, or charitable nature generally providing a local service to people of the community. Generally, they provide the service on the site or have employees at the site on a regular basis. The service is ongoing, not just for special events. Community centers or facilities that have membership provisions are open to the general public to join at any time (for instance, any senior citizen could join a senior center). The use may provide mass shelter or short-term housing where tenancy may be arranged for periods of less than one month when operated by a public or nonprofit agency. The use may also provide special counseling, education, or training of a public, nonprofit or charitable nature.

B. Accessory Uses. Accessory uses may include offices; meeting areas; food preparation areas; parking, health and therapy areas; daycare uses; and athletic facilities.

C. Examples. Examples include city hall and similar governmental uses, libraries, museums, senior centers, community centers, publicly owned swimming pools, youth club facilities, hospices, ambulance stations, drug and alcohol centers, social service facilities, mass shelters or short-term housing when operated by a public or nonprofit agency, vocational training for the physically or mentally disabled, soup kitchens, and surplus food or clothing distribution centers.

D. Exceptions.

1. Private lodges, clubs, and private or commercial athletic or health clubs are classified as retail sales and service. Commercial museums (such as a museum) are in retail sales and service.

2. Parks are in parks and open areas.

3. Uses where tenancy is arranged on a month-to-month basis, or for a longer period, are residential, and are classified as household or group living.

4. Public safety facilities are classified as basic utilities. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008. Formerly 1.6.420)

1.6.450 Daycare – Family daycare.

A. Characteristics. A family daycare use includes care given by a “family daycare” provider as defined by ORS 657A.440 if the care is given to 16 or fewer children at any one time including the children of the provider. Family daycare is care regularly given in the family living quarters of the provider’s home, and is regulated as a home occupation.

B. Accessory Uses. Accessory uses are the same as for a single-family dwelling and include recreation areas, play areas, kitchens, dining areas, laundry, and parking as required under applicable state regulations.

C. Examples. Examples include child daycare as provided in ORS 657A.440.

D. Exceptions. Family daycare use does not include care given by the parents, guardians, or relatives of the children, or care of the same by babysitters. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008. Formerly 1.6.430)

1.6.460 Daycare – Nonfamily daycare.

A. Characteristics. Nonfamily daycare use includes day or evening care of two or more children outside of the children’s homes, for a fee, in commercial districts. Daycare uses also include the daytime care of teenagers or adults who need assistance or supervision.

B. Accessory Uses. Accessory uses include offices, play areas, kitchens, laundry, and parking.

C. Examples. Examples include preschools, nursery schools, latchkey programs, and adult daycare programs.

D. Exceptions. Does not include family daycare, which is regulated as a home occupation. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008. Formerly 1.6.440)

1.6.470 Medical centers.

A. Characteristics. Medical centers include uses providing medical or surgical care to patients and offering overnight care. Medical centers tend to be on multiple blocks or in campus settings.

B. Accessory Uses. Accessory uses include outpatient clinics, offices, laboratories, teaching facilities, meeting areas, cafeterias, parking, maintenance facilities, and housing facilities for staff or trainees.

C. Examples. Examples include hospitals and medical complexes that include hospitals.

D. Exceptions.

1. Uses that provide exclusive care and planned treatment or training for psychiatric, alcohol, or drug problems, where patients are residents of the program, are classified in the group living category.

2. Medical clinics that provide care where patients are generally not kept overnight are classified as office.

3. Urgency medical care clinics are classified as retail sales and service. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008. Formerly 1.6.450)

1.6.480 Parks, open areas and cemeteries.

A. Characteristics. Parks, open areas and cemeteries are uses of land focusing on natural areas, large areas consisting mostly of vegetative landscaping or outdoor recreation, community gardens, or public squares. Lands tend to have few structures.

B. Accessory Uses. Accessory uses may include clubhouses, maintenance facilities, concessions, caretaker’s quarters (not to exceed 800 square feet), and parking.

C. Examples. Examples include parks, golf courses, cemeteries, public squares, plazas, linear parks, recreational trails, botanical gardens, boat launching areas, nature preserves, and land used for grazing that is not part of a farm or ranch. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008. Formerly 1.6.460)

1.6.490 Religious institutions and places of worship.

A. Characteristics. Religious institutions are intended to primarily provide meeting areas for religious activities.

B. Accessory Uses. Accessory uses include Sunday school facilities, parking, caretaker’s housing (not to exceed 800 square feet), one transitional housing unit, and group living facilities such as convents. A transitional housing unit is a housing unit for one household where the average length of stay is less than 60 days. Religious schools, when accessory to a religious institution, are different than a school as a primary use.

C. Examples. Examples include churches, temples, synagogues, and mosques. See also religious schools included in SDC 1.6.480, Schools. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008. Formerly 1.6.470)

1.6.500 Schools.

A. Characteristics. This category includes public and private schools, secular or religious, at the primary, elementary, middle, junior high, or high school level that provide state mandated basic education.

B. Accessory Uses. Accessory uses include play areas, cafeterias, recreational and sport facilities, auditoriums, and before- or after-school daycare.

C. Examples. Examples include public and private daytime schools, boarding schools and military academies.

D. Exceptions.

1. Preschools are classified as daycare uses.

2. Business and trade schools are classified as retail sales and service.

3. Religious schools, when accessory to a religious institution or place of worship, are classified as a religious institution. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008. Formerly 1.6.480)

1.6.510 Jails and detention facilities.

A. Characteristics. Detention facilities include facilities for judicially required detention or incarceration of people. Inmates and detainees are under 24-hour supervision by sworn officers, except when on approved leave.

B. Accessory Uses. Accessory uses include offices, recreational and health facilities, therapy facilities, maintenance facilities, and hobby and manufacturing activities.

C. Use Example. Types of uses include, but are not limited to: prisons, jails, probation centers, and juvenile detention homes.

D. Exceptions. Programs that provide care and training or treatment for psychiatric, alcohol, or drug problems, where patients are residents of the program, but where patients are not supervised by sworn officers, are classified as group or assisted living. Programs that provide transitional living experience for former offenders, such as halfway houses, where sworn officers do not supervise residents, are also classified as group or assisted living. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008. Formerly 1.6.490)

1.6.520 Wildlife rehabilitation facility.

A. Characteristics. Facility for the caring of injured, orphaned, or sick wild animals with the goal of providing food, housing, and medical care of those animals and returning them to the wild after treatment.

B. Accessory Uses. Accessory uses include offices, exhibits, classrooms and educational facilities, exterior habitats for rehabilitating animals, and habitats for educational animals as permitted by the state of Oregon.

C. Use Example. Types of uses include, but are not limited to: wildlife rehabilitation facilities and nature centers.

D. Exceptions. Wildlife rehabilitation activities that are prohibited by the state of Oregon. (Ord. 14-01 § 1 (Exh. A), 2014)

Part VI. Other Use Categories

1.6.600 Agriculture.

A. Characteristics. Agriculture includes activities that raise, produce or keep plants or animals.

B. Accessory Uses. Accessory uses include dwellings for proprietors and employees of the use, and animal training.

C. Examples. Examples include breeding or raising of fowl or other animals; dairy farms; stables; riding academies; kennels or other animal boarding places; farming, truck gardening, forestry, tree farming; and wholesale plant nurseries.

D. Exceptions.

1. Processing of animal or plant products, including milk, and feed lots are classified as manufacturing and production.

2. Livestock auctions are classified as wholesale sales.

3. Plant nurseries that are oriented to retail sales are classified as retail sales and service.

4. When kennels are limited to boarding, with no breeding, the city may determine the use category is agriculture or retail sales and service. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008. Formerly 1.6.500)

1.6.610 Mining.

A. Characteristics. Mining includes mining or extraction of mineral or aggregate resources from the ground for off-site use.

B. Accessory Uses. Accessory uses include storage, sorting, stockpiling, or transfer off site of the mined material.

C. Examples. Examples include quarrying or dredging for sand, gravel or other aggregate materials; mining; and oil, gas, or geothermal drilling. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008. Formerly 1.6.510)

1.6.620 Radio frequency transmission facilities.

A. Characteristics. Radio frequency transmission facilities include all devices, equipment, machinery, structures or supporting elements necessary to produce nonionizing electromagnetic radiation within the range of frequencies from 100 KHz to 300 GHz and operating as a discrete unit to produce a signal or message. Towers may be self-supporting, guyed, or mounted on poles or buildings.

B. Accessory Uses. Accessory use may include transmitter facility buildings.

C. Examples. Examples include broadcast towers, communication/cell towers, and point-to-point microwave towers.

D. Exceptions.

1. Receive-only antennas are not included in this category.

2. Radio and television studios are classified in the office category.

3. Radio frequency transmission facilities that are public safety facilities are classified as basic utilities. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008. Formerly 1.6.520)

1.6.630 Rail lines and utility corridors.

A. Characteristics. This category includes railroad tracks and lines for the movement of trains. The land may be owned or leased by the railroad. The category also includes public or private passageways, including easements, for the express purpose of transmitting or transporting electricity, gas, oil, water, sewage, communication signals, or other similar services on a regional level.

B. Examples. Examples include rail trunk and feeder lines; regional electrical transmission lines; and regional gas and oil pipelines.

C. Exceptions.

1. Railroad lead and spur lines for delivery of rail cars to sites or for unloading of rail cars on specific sites are classified as accessory to the primary use of the site.

2. Rail lines and utility corridors that are located within motor vehicle rights-of-way are not included.

3. Railroad yards are classified in the railroad yards category. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008. Formerly 1.6.530)

1.6.640 Railroad yards.

A. Characteristics. Railroad yards are areas that contain multiple railroad tracks used for rail car switching, assembling of trains, and transshipment of goods from other transportation modes to or from trains.

B. Accessory Uses. Accessory uses include offices, employee facilities, storage areas, railcar maintenance and repair facilities, and parking. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008. Formerly 1.6.540)