Chapter 17.32 ZONES AND USES

Chapter 17.32
ZONES AND USES

Sections:

17.32.010 Classification of zones.

17.32.020 Zoning district map.

17.32.030 Determination of zoning boundaries.

17.32.040 Unlisted use – Authorization of similar use.

17.32.050 Suburban residential zone – R-10.

17.32.060 Moderate residential zone – R-7.

17.32.070 General residential zone – R-5.

17.32.080 Apartment residential zone – AR.

17.32.090 Mobile home residential zone – MHR.

17.32.095 Mixed use zone – MU.

17.32.100 Highway commercial – HC.

17.32.110 General commercial – GC.

17.32.120 Repealed.

17.32.130 Light industrial – LI.

17.32.140 Heavy industrial – HI.

17.32.150 Public lands – PL.

17.32.160 Willamette Greenway – WG.

17.32.170 Riverfront district – RD.

17.32.171 Riverfront district – RD, marina.

17.32.172 Riverfront district – RD, plaza.

17.32.173 Riverfront district – RD, mill.

17.32.179 RD guidelines adopted.

17.32.180 Houlton business district – HBD.

17.32.010 Classification of zones.

All areas within the corporate limits of the city of St. Helens are divided into zoning districts. The use of each tract and ownership of land within the corporate limits is limited to those uses permitted by the zoning classification applicable to each such tract as designated in the following table. The zoning districts within the city of St. Helens are hereby classified and designated as follows:

Suburban Residential	R-10
Moderate Residential	R-7
General Residential	R-5
Apartment Residential	AR
Mobile Home Residential	MHR
Mixed Use	MU
Highway Commercial	HC
General Commercial	GC
Light Industrial	LI
Heavy Industrial	HI
Willamette Greenway	WG
Public Lands	PL
Riverfront District	RD
Houlton Business District	HBD

(Ord. 3215 § 4 (Att. D), 2017; Ord. 3180 § 1 (Att. A), 2015; Ord. 3110 § 5 (Att. B), 2009; Ord. 2875 § 1.080.010, 2003)

17.32.020 Zoning district map.

(1) The boundaries of each of the foregoing districts listed in the table in SHMC 17.32.010 and the zoning classification and use of each tract in each of said zoning districts is prescribed to coincide with the identifying zone classifications shown on the map entitled “St. Helens Zoning District Map,” dated with the effective date of the ordinance codified in this code and signed by the mayor and city recorder and referred to as the zoning district map and the map by this reference is made a part of the code. A certified print of the adopted zoning district map or map amendments shall be maintained in the office of the planning division as long as the code remains in effect.

(2) Each lot, tract, and parcel of land or portion thereof within the zone boundaries as designated and marked on the zoning map is classified, zoned, and limited to the uses as hereinafter specified and defined for the applicable zone classification.

(3) Amendments to the city zoning district map may be made in accordance with the provisions of this code.

(a) Copies of all map amendments shall be dated with the effective date of the document adopting the map amendment and shall be maintained without change, together with the adopting documents, on file in the planning department; and

(b) The director shall maintain in the office and available for public inspection an up-to-date copy of the city zoning district map to be revised so that it accurately portrays changes of zone boundaries. (Ord. 2875 § 1.080.020, 2003)

17.32.030 Determination of zoning boundaries.

Where, due to the scale, lack of scale, lack of detail, or illegibility of the city zoning district map or due to any other reason, there is uncertainty, contradiction, or conflict as to the intended location of district boundary lines, the boundary lines shall be determined by the director in accordance with the following standards:

(1) Boundaries indicated as approximately following the centerlines of streets, highways, railroad tracks, or alleys shall be construed to follow such centerlines;

(2) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

(3) Boundaries indicated as approximately following city limits shall be construed as following city limits;

(4) Boundaries indicated as approximately following river, stream, and/or drainage channels shall be construed as following river, stream, and/or drainage channels; and

(5) Whenever any street is lawfully vacated, and when the lands within the boundaries thereof attach to and become a part of lands adjoining such street, the lands formerly within the vacated street shall automatically be subject to the same zoning district designation that is applicable to lands to which the street attaches. (Ord. 2875 § 1.080.030, 2003)

17.32.040 Unlisted use – Authorization of similar use.

(1) Purpose.

(a) It is not possible to contemplate all of the various uses which will be compatible within a zoning district. Therefore, unintentional omissions occur.

(b) The purpose of these provisions is to establish a procedure for determining whether certain specific uses would have been permitted in a zoning district had they been contemplated and whether such unlisted uses are compatible with the listed uses.

(2) Administration. The director shall maintain a list by zoning district of approved unlisted uses and the list shall have the same effect as an amendment to the use provisions of the applicable zone.

(3) Limitation.

(a) The director shall not authorize an unlisted use in a zoning district if the use is specifically listed in another zone as either a permitted use or a conditional use.

(b) The director shall only authorize a residential use that has on-site staff providing residential care, treatment, or training as defined in ORS 443.400 if the use is licensed or certified by a state agency to operate in Oregon prior to final occupancy.

(4) Approval Standards. Approval or denial of an unlisted use application by the director shall be based on findings that:

(a) The use is consistent with the comprehensive plan;

(b) The use is consistent with the intent and purpose of the applicable zoning district;

(d) The use has similar intensity, density, and off-site impacts as the uses listed in the zoning district; and

(e) The use has similar impacts on the community facilities as the listed uses. (Ord. 3032 § 1(3), 2007; Ord. 2875 § 1.080.040, 2003)

17.32.050 Suburban residential zone – R-10.

(1) Purposes. The R-10 zone is intended to provide minimum development standards for residential purposes and to establish larger urban residential home sites.

(2) Uses Permitted Outright. In an R-10 zone, the following uses are permitted outright:

(a) Duplex.

(b) Home child care.

(d) Public facilities, minor.

(e) Public park after site development review.

(f) Residential home.

(g) Single-dwelling unit, detached. Up to two may be allowed per lot, parcel, or otherwise lawfully established unit of land per ORS Chapter 92.

(3) Conditional Uses (See Chapter 17.100 SHMC). In an R-10 zone, the following conditional uses may be permitted upon application:

(a) Children’s day care or day nursery.

(b) Cultural exhibits and library services.

(d) Private park.

(e) Public facilities, major.

(f) Public safety facilities.

(g) Religious assembly.

(4) Standards. In the R-10 zone the following standards shall apply:

(a) The minimum lot size shall be 10,000 square feet for all uses.

(b) The minimum lot width at the building line shall be 70 feet, except on a corner lot it shall be 85 feet.

(d) The minimum lot width at the street on an approved cul-de-sac shall be 30 feet.

(e) The minimum lot depth shall be 100 feet.

(f) The minimum front yard shall be 20 feet.

(g) The minimum side yard width shall be 10 feet except on corner lots where the exterior side yard shall be 20 feet.

(h) The minimum rear yard depth shall be 20 feet.

(i) The minimum interior yard shall be 10 feet.

(j) The minimum front and side yards or other setbacks as stated herein shall be increased where such yard or setback abuts a street having insufficient right-of-way widths to serve the area; in such cases, the planning commission shall determine the necessary setback requirements.

(k) The maximum building height shall be 35 feet, except as required in SHMC 17.68.040.

(l) Structures and buildings shall not occupy more than 40 percent of the lot area.

(m) No lot, parcel, or otherwise lawfully established unit of land per ORS Chapter 92 shall have more than one principal building thereon, except as otherwise allowed in this section.

(n) The minimum landscaping shall be 25 percent of the lot area.

(5) All chapters of the Development Code apply.

(a) See Chapter 17.64 SHMC for additional yard requirements and exceptions.

(b) See SHMC 17.108.050(4) for yard reductions and structure/building coverage increases. (Ord. 3264 § 2 (Att. A), 2021; Ord. 3232 § 2 (Att. A), 2018; Ord. 3215 § 4 (Att. D), 2017; Ord. 3032 § 1(4), 2007; Ord. 2875 § 1.080.050, 2003)

17.32.060 Moderate residential zone – R-7.

(1) Purpose. The R-7 zone is intended to provide minimum development standards for residential purposes and to establish urban moderate density residential home sites.

(2) Uses Permitted Outright. In an R-7 zone, the following uses are permitted outright:

(a) Duplex.

(b) Home child care.

(d) Public facilities, minor.

(e) Public park after site development review.

(f) Residential home.

(g) Single-dwelling unit, detached. Up to two may be allowed per lot, parcel, or otherwise lawfully established unit of land per ORS Chapter 92.

(3) Conditional Uses (See Chapter 17.100 SHMC). In an R-7 zone, the following conditional uses may be permitted upon application:

(a) Bed and breakfast, homestay, boarding house.

(b) Children’s day care/day nursery.

(d) Cultural exhibits and library services.

(e) Neighborhood store/plaza.

(f) Elderly/convalescent home.

(g) Private park.

(h) Public facilities, major.

(i) Public safety facilities.

(j) Religious assembly.

(4) Standards. In the R-7 zone the following standards shall apply:

(a) The minimum lot size is 7,000 square feet for all uses.

(b) The minimum lot width at the building line shall be 60 feet, except on a corner lot it shall be 85 feet.

(d) The minimum lot width at the street on an approved cul-de-sac shall be 30 feet.

(e) The minimum lot depth shall be 85 feet.

(f) The minimum front yard shall be 20 feet.

(g) The minimum side yard shall be seven feet except on corner lots where the exterior side yard shall be 14 feet.

(h) The minimum rear yard depth shall be 20 feet.

(i) The minimum interior yard shall be seven feet.

(k) The maximum building height shall be 35 feet.

(l) Buildings and structures shall not occupy more than 40 percent of the lot area.

(m) No lot, parcel, or otherwise lawfully established unit of land per ORS Chapter 92 shall have more than one principal building thereon, except as otherwise allowed in this section.

(n) The minimum landscaping shall be 25 percent of the lot area.

(5) All chapters of the Development Code apply.

(a) See Chapter 17.64 SHMC for additional yard requirements and exceptions.

17.32.070 General residential zone – R-5.

(1) Purpose. The R-5 zone is intended to provide minimum development standards for residential purposes and to establish urban moderately high density residential home sites.

(2) Uses Permitted Outright. In an R-5 zone, the following uses are permitted outright:

(a) Duplex.

(b) Home child care.

(d) Public facility, minor.

(e) Public park.

(f) Residential home.

(g) Single-dwelling units, attached (five units maximum together).

(h) Single-dwelling unit, detached. Up to two may be allowed per lot, parcel, or otherwise lawfully established unit of land per ORS Chapter 92.

(3) Conditional Uses (See Chapter 17.100 SHMC). In an R-5 zone, the following conditional uses may be permitted upon application:

(a) Bed and breakfast, homestay, and boarding house.

(b) Children’s day care/day nursery.

(d) Cultural exhibits and library services.

(e) Neighborhood store/plaza.

(f) Multidwelling units.

(g) Elderly/convalescent home.

(h) Private park.

(i) Public facilities, major.

(j) Public safety facilities.

(k) Religious assembly.

(l) Residential facility.

(4) Standards. In the R-5 zone, the following standards shall apply:

(a) For dwellings, the minimum lot size shall be 5,000 square feet for the single-dwelling unit, detached, and duplex and 2,500 square feet for each single-dwelling unit, attached (maximum of five units together). For multidwelling units, use 5,000 square feet as base plus 2,500 square feet for each multidwelling unit thereafter.

(b) The maximum building height shall be 35 feet except as required in SHMC 17.68.040.

(c) The minimum lot width at the building line and street shall be 50 feet for detached units and duplexes. For attached single-dwelling units the width shall be at least 25 feet wide each. No minimum for multidwelling unit lots. For flag lots the width at the street shall be a minimum of 20 feet.

(d) The minimum lot width at the street on an approved cul-de-sac shall be 30 feet.

(e) The minimum lot depth shall be 85 feet.

(f) The minimum front yard shall be 20 feet.

(g) No side yard shall be less than five feet wide for single-dwelling, detached, duplexes and single-dwelling, attached structures and 10 feet for multidwelling structures. Corner lots shall have a minimum exterior side yard of 10 feet.

(h) The minimum rear yard depth shall be 10 feet.

(i) The minimum interior yard shall be six feet. Multidwelling units shall also comply with SHMC 17.96.180(11).

(j) The minimum front and side yards or other setbacks as stated herein shall be increased where such yard or setbacks abut a street having insufficient right-of-way widths to serve the area; in such cases, the planning commission shall determine the necessary setback requirements.

(k) Buildings and structures shall not occupy more than 40 percent of the lot area except for single attached and multidwelling units, which can be up to 50 percent.

(l) No lot, parcel, or otherwise lawfully established unit of land per ORS Chapter 92 shall have more than one principal building constructed thereon, except for multidwelling structures and as otherwise allowed in this section.

(m) The minimum landscaping for dwellings other than multidwellings shall be 25 percent of the lot area.

(5) All chapters of the Development Code apply.

(a) See Chapter 17.64 SHMC for additional yard requirements and exceptions.

(b) SHMC 17.96.180 includes many site development standards specific to multidwelling units.

(d) Flag lots are possible in this zoning district. See SHMC 17.140.055. (Ord. 3264 § 2 (Att. A), 2021; Ord. 3232 § 2 (Att. A), 2018; Ord. 3215 § 4 (Att. D), 2017; Ord. 3144 § 2 (Att. A), 2011; Ord. 3032 § 1(4), 2007; Ord. 2875 § 1.080.070, 2003)

17.32.080 Apartment residential zone – AR.

(1) Purpose. The AR zone is intended to provide minimum development standards for residential purposes where complete community services are available and to provide for high density residential development.

(2) Uses Permitted Outright. In an AR zone, the following uses are permitted outright:

(a) Duplex.

(b) Home child care.

(d) Multidwelling units.

(e) Public facility, minor.

(f) Public park.

(g) Residential facility.

(h) Residential home.

(i) Single-dwelling unit, attached residential units (five units maximum together).

(j) Single-dwelling unit, detached residential units. Up to two may be allowed per lot, parcel, or otherwise lawfully established unit of land per ORS Chapter 92.

(3) Conditional Uses (See Chapter 17.100 SHMC). In an AR zone, the following conditional uses may be permitted upon application:

(a) Bed and breakfast, homestay, and boarding house.

(b) Children’s day care/day nursery.

(d) Commercial recreation facility.

(e) Neighborhood store/plaza.

(f) Hospitals, sanitariums, rest homes, and elderly homes.

(g) Lodge, fraternal, and civic assembly.

(h) Lodging facilities or rooming house.

(i) Parking facilities.

(j) Private parks.

(k) Public facilities, major.

(l) Religious assembly.

(m) Schools and related facilities.

(4) Standards. In the AR zone, the following standards shall apply:

(a) For dwellings the minimum lot size shall be 4,000 square feet for single-dwelling, detached units and duplexes; 1,600 square feet minimum lot size for single-dwelling, attached units each (maximum of five units together); and 1,500 square feet minimum lot size for each multidwelling unit over the base of 4,000 square feet for the first two units (with no maximum).

(b) The minimum front yard shall be 20 feet.

(c) For single-dwelling, detached units and duplexes the minimum lot width at the street and building line shall be 40 feet and no minimum for multidwelling unit lots; for flag lots and single attached dwelling units the minimum lot width at the street is 20 feet.

(d) The minimum lot depth shall be 85 feet, except single-dwelling units, attached shall be 80 feet.

(e) No side yard shall be less than five feet wide for single-dwelling, detached, duplexes and single-dwelling, attached structures and 10 feet for multidwelling structures. Corner lots shall have a minimum exterior side yard of 10 feet.

(f) The minimum rear yard depth shall be 10 feet.

(g) The minimum interior yard shall be six feet. Multidwelling units shall also comply with SHMC 17.96.180(11).

(h) The minimum front and side yards or other setbacks as stated herein shall be increased where such yard or setbacks abut a street having insufficient right-of-way widths to serve the area; in such cases, the planning commission shall determine the necessary setback requirements.

(i) The maximum building height shall be 35 feet, except as required in SHMC 17.68.040.

(j) Buildings and structures shall not occupy more than 50 percent of the lot.

(k) No lot, parcel, or otherwise lawfully established unit of land per ORS Chapter 92 shall have more than one principal building constructed thereon, except for multidwelling structures and as otherwise allowed in this section.

(l) The minimum landscaping shall be 25 percent of the lot area except for multidwelling structures.

(5) All chapters of the Development Code apply.

(a) See Chapter 17.64 SHMC for additional yard requirements and exceptions.

(b) SHMC 17.96.180 includes many site development standards specific to multidwelling units.

17.32.090 Mobile home residential zone – MHR.

(1) Purpose. The MHR zone is intended to provide minimum development standards for residential purposes where complete community services are available, and where population concentrations of a moderate nature, including mobile home parks, may develop.

(2) Uses Permitted Outright. In the MHR zone, the following uses are permitted outright:

(a) Duplex.

(b) Home child care.

(d) Mobile home parks.

(e) Public parks.

(f) Public facility, minor.

(g) Residential home.

(h) Single-dwelling unit, detached. Up to two may be allowed per lot, parcel, or otherwise lawfully established unit of land per ORS Chapter 92.

(3) Conditional Uses (See Chapter 17.100 SHMC). In the MHR zone, the following conditional uses may be permitted upon application:

(a) Bed and breakfast, homestay, and boarding house.

(b) Children’s day care or day nursery.

(d) Neighborhood store/plaza.

(e) Multidwelling units.

(f) Private park.

(g) Public facilities, major.

(h) Public or private school or college.

(i) Religious assembly.

(j) Residential facility.

(k) Sanitarium, rest home, senior or convalescent care facilities.

(l) Travel trailer parks.

(4) Standards. In the MHR zone, the same standards as in the R-5 zone shall apply except for the following:

(a) Standards for mobile home parks shall conform to Chapter 17.60 SHMC.

(5) All chapters of the Development Code apply.

(a) Flag lots are possible in this zoning district. See SHMC 17.140.055. (Ord. 3264 § 2 (Att. A), 2021; Ord. 3232 § 2 (Att. A), 2018; Ord. 3215 § 4 (Att. D), 2017; Ord. 3144 § 2 (Att. A), 2011; Ord. 3032 § 1(4), 2007; Ord. 2875 § 1.080.090, 2003)

17.32.095 Mixed use zone – MU.

(1) Purpose. The MU zone is intended to provide for mixed uses in certain areas, generally between general commercial and residential zones. This method allows the market to mostly determine the uses.

(2) Uses Permitted Outright. In an MU zone, the following uses are permitted outright subject to the provisions of this code and especially the chapter on site development review (Chapter 17.96 SHMC):

(a) Animal sales and services: grooming, kennels, retail and veterinary (small animals).

(b) Car washes.

(d) Continuing care retirement community.

(e) Cultural and library services.

(f) Dwellings: single detached or attached, duplexes, and dwellings above permitted uses.

(g) Eating and drinking establishments.

(h) Equipment (small) sales, rental and repairs.

(i) Financial institutions.

(j) Hardware store, without outdoor storage.

(k) Home child care.

(l) Home occupation (per Chapter 17.120 SHMC).

(m) Hotels and motels.

(n) Offices – all.

(o) Personal and business services such as barber shops, beauty shops, tailors, laundries, printing, and locksmiths.

(p) Plumbing, HVAC, electrical and paint sales and service, without outdoor storage.

(q) Produce stands.

(r) Public facility, minor.

(s) Repair and maintenance of permitted retail products.

(t) Residential home.

(u) Retail sales establishments, not specifically catering to motorists.

(v) Studios.

(w) Theaters, except drive-ins.

(3) Conditional Uses. In the MU zone, the following conditional uses may be permitted upon application, subject to provisions of Chapter 17.100 SHMC and other relevant sections of this code:

(a) Amusement services.

(b) Bar.

(d) Broadcast facilities without dishes over 36 inches or transmitter/receiver towers.

(e) Bus and train stations/terminals.

(f) Businesses with outdoor storage (those businesses permitted in subsection (2) of this section).

(g) Child care facility/day nursery.

(h) Drive-up businesses and services.

(i) Dwellings on same level as nonresidential use.

(j) Funeral homes.

(k) Hospitals and senior or convalescent care facilities.

(l) Laundromats and dry cleaners.

(m) Lodge, fraternal and civic assembly.

(n) Lodging facilities or rooming house.

(o) Marijuana retailer and/or medical marijuana dispensary.

(p) Multidwelling units.

(q) Nurseries and greenhouses.

(r) Parking lots.

(s) Parks, public and private.

(t) Pawn shops.

(u) Public and private schools.

(v) Public facilities, major.

(w) Public safety facilities.

(x) Recreation facilities (public or private).

(y) Religious assembly, including cemeteries.

(z) Residential facility.

(aa) Shopping centers.

(bb) Travel trailer parks.

(cc) Vehicle repair, service, and sales.

(4) Standards. In the MU zone the following standards shall apply:

(a) Wherever a proposed structure abuts a residential zone, it may be required to be set back per Chapter 17.72 SHMC.

(b) The maximum building height shall be 45 feet, except as required in SHMC 17.68.040.

(d) Maximum nonresidential lot coverage including all impervious surfaces shall be 90 percent.

(e) Multidwelling units and units above permitted uses must comply with AR standards and other applicable sections of this code.

(f) Single-dwelling units, attached or detached, and duplexes shall comply with R-5 standards.

(5) All chapters of the Development Code apply.

(a) Flag lots are possible in this zoning district. See SHMC 17.140.055. (Ord. 3264 § 2 (Att. A), 2021; Ord. 3232 § 2 (Att. A), 2018; Ord. 3215 § 4 (Att. D), 2017; Ord. 3190 § 2 (Att. A), 2015; Ord. 3144 § 2 (Att. A), 2011; Ord. 3032 § 1(4), 2007; Ord. 2875 § 1.080.095, 2003)

17.32.100 Highway commercial – HC.

(1) Purpose. The HC zone is intended to recognize the existing commercial development along Highway 30 and to limit future commercial activity to retail concerns, activities that cater to motorists, and firms that deal in large goods and require unusual amounts of space.

(2) Uses Permitted Outright. In an HC zone, the following uses are permitted outright subject to the provisions of this code and in particular the chapter on site development review (Chapter 17.96 SHMC):

(a) Animal sales and services: grooming, kennels, retail, veterinary (small animals), and veterinary (large animals).

(b) Boat, trailer and recreational vehicle equipment sales, service and repair.

(d) Bus and train stations/terminals.

(e) Car washes.

(f) Drive-up facilities (see specific requirements in Chapter 17.100 SHMC).

(g) Eating and drinking establishments, including drive-up and carry-out.

(h) Financial institutions, including drive-through (see specific requirements in Chapter 17.100 SHMC).

(i) Gasoline stations.

(j) Home occupation (per Chapter 17.120 SHMC).

(k) Motels and hotels.

(l) Motor vehicle sales, service and repair.

(m) Nurseries and greenhouses.

(n) Offices catering to motorists (e.g., insurance claims).

(o) Personal and business services such as barber shops, beauty shops, tailors, laundries, printing, and locksmiths.

(p) Parking lot.

(q) Plumbing, HVAC, electrical and paint sales and service.

(r) Produce stands.

(s) Public facility, minor.

(t) Retail sales establishments, specifically catering to motorists, including drive-in.

(u) Retail sales of large equipment items and repair and maintenance concerns that conduct business completely within an enclosed building except for outdoor storage.

(v) Shopping plaza (permitted businesses only).

(w) Small equipment rentals, sales and repair.

(x) Theaters, except drive-ins.

(y) Tire shops within an enclosed building.

(3) Conditional Uses. In the HC zone, the following conditional uses may be permitted upon application, subject to provision of Chapter 17.100 SHMC and other relevant sections of this code:

(a) Amusement services.

(b) Dry cleaners and laundromats.

(d) Funeral homes.

(e) Hospitals.

(f) Marijuana retailer and/or medical marijuana dispensary.

(g) Parks.

(h) Public facilities, major.

(i) Recreation facilities.

(j) Religious assembly.

(k) Retail establishments not directly catering to motorists.

(l) Schools.

(m) Shopping centers (can include all retail, personal services, professional services, medical, and dental offices).

(n) Travel trailer parks.

(4) Standards. In the HC zone the following standards shall apply:

(a) The maximum building height shall be 40 feet.

(b) The minimum yard (as defined by Chapter 17.16 SHMC) adjacent to US 30 shall be 10 feet. The setback shall be occupied by landscaping or pedestrian-oriented amenities (such as a walkway, seating, or a plaza, including such amenities as part of a transit stop) in addition to landscaping. Landscaping in the setback may be credited toward the minimum landscape requirement for the site established in subsection (4)(f) of this section.

(d) Parking shall comply with Chapter 17.80 SHMC.

(e) Maximum lot coverage including all impervious surfaces shall be 90 percent.

(f) Minimum landscaping shall be 10 percent of gross land area associated with the use.

(5) All chapters of the Development Code apply. (Ord. 3232 § 2 (Att. A), 2018; Ord. 3215 § 4 (Att. D), 2017; Ord. 3190 § 2 (Att. A), 2015; Ord. 3181 § 4 (Att. C), 2015; Ord. 3164 § 3 (Att. B), 2012; Ord. 2875 § 1.080.100, 2003)

17.32.110 General commercial – GC.

(1) Purpose. The GC zone is intended to provide for a broad range of commercial operations and services required for the proper and convenient functioning of commercial activities serving the general public locally and regionally but not specifically the traveling motorists.

(2) Uses Permitted Outright. In a GC zone, the following uses are permitted outright subject to the provisions of this code and especially the chapter on site development review (Chapter 17.96 SHMC):

(a) Animal sales and services: grooming, kennels, retail, veterinary (small animals), and veterinary (large animals).

(b) Car washes.

(d) Dwellings above permitted uses (use AR standards).

(e) Eating and drinking establishments.

(f) Equipment (small) sales, rental and repairs.

(g) Financial institutions.

(h) Hardware store, without outdoor storage.

(i) Historic structures (as listed in the comprehensive plan).

(j) Home occupation (per Chapter 17.120 SHMC).

(k) Hotels and motels.

(l) Offices – all.

(m) Personal and business services such as barber shops, beauty shops, tailors, laundries, printing, and locksmiths.

(n) Plumbing, HVAC, electrical and paint sales and service, without outdoor storage.

(o) Produce stands.

(p) Public facility, minor.

(q) Repair and maintenance of permitted retail products.

(r) Retail sales establishments, not specifically catering to motorists.

(s) Studios.

(t) Theaters, except drive-ins.

(3) Conditional Uses. In the GC zone, the following conditional uses may be permitted upon application, subject to provision of Chapter 17.100 SHMC and other relevant sections of this code:

(a) Amusement services.

(b) Bar.

(d) Broadcast facilities without dishes over 36 inches or transmitter/receiver towers.

(e) Bus and train stations/terminals.

(f) Businesses with outdoor storage (those businesses permitted in subsection (2) of this section).

(g) Child care facility/day nursery.

(h) Congregate housing.

(i) Drive-up businesses and services (including those associated with food/restaurants).

(j) Funeral homes.

(k) Hospitals and senior or convalescent care facilities.

(l) Laundromats and dry cleaners.

(m) Lodge, fraternal and civic assembly.

(n) Lodging facilities or rooming house.

(o) Marijuana retailer and/or medical marijuana dispensary.

(p) Multidwelling units.

(q) Nurseries and greenhouses.

(r) Parking lots.

(s) Parks, public and private.

(t) Pawn shops.

(u) Public and private schools.

(v) Public facilities, major.

(w) Recreation facilities.

(x) Religious assembly, including cemeteries.

(y) Residential facility.

(z) Shopping centers and plazas.

(aa) Travel trailer parks.

(bb) Vehicle repair, service, and sales.

(4) Standards. In the GC zone the following standards shall apply:

(a) The maximum building height shall be 45 feet, except as required in SHMC 17.68.040.

(b) Outdoor storage abutting or facing a lot in a residential zone shall comply with Chapter 17.72 SHMC.

(d) Multidwelling units must comply with AR standards and other applicable sections of this code.

(e) The minimum landscaping shall be 10 percent of the gross land area associated with the use.

(5) All chapters of the Development Code apply. (Ord. 3232 § 2 (Att. A), 2018; Ord. 3215 § 4 (Att. D), 2017; Ord. 3190 § 2 (Att. A), 2015; Ord. 3032 § 1(4), 2007; Ord. 2875 § 1.080.110, 2003)

17.32.120 Marine commercial – MC.

Repealed by Ord. 3215. (Ord. 3144 § 2 (Att. A), 2011; Ord. 3032 § 1(4), 2007; Ord. 2923 § 2, 2004; Ord. 2875 § 1.080.120, 2003)

17.32.130 Light industrial – LI.

(1) Purpose. The light industrial or LI zone is intended to provide appropriate locations for general industrial use including light manufacturing and related activities with few, if any, nuisance characteristics such as noise, glare, and smoke. It is to permit manufacturing, processing, assembling, packaging or treatment of products from previously prepared materials and to discourage residential use and limit commercial use.

(2) Uses Permitted Outright. In the LI zone the following buildings and uses are permitted after compliance with the provisions of this section and others of this code:

(a) Agricultural supplies/sales, machinery sales and repairs but not slaughterhouses or tanneries.

(b) Animal sales and services: kennels, veterinary (small animals), and veterinary (large animals).

(d) Boat repairs.

(e) Building maintenance services.

(f) Building material sales including outdoor storage.

(g) Commercial gasoline stations.

(h) Equipment (light and heavy) sales, storage, repair and rentals.

(i) Laboratories and research services.

(j) Manufacturing, repairing, compounding, research, assembly, fabricating, or processing activities of previously prepared materials and without off-site impacts.

(k) Mini storage and storage site.

(l) Motor vehicle sales, service, repair, and painting.

(m) Nurseries, greenhouse operations and sales.

(n) Parking lots, private or public.

(o) Public facility, minor.

(p) Transmitting and/or receiving towers with or without broadcast facilities.

(q) Utility distribution plants and service yards.

(r) Vehicle wash operations.

(s) Warehousing, enclosed.

(t) Wholesale trade.

(3) Conditional Uses. In the LI zone, in addition to the buildings and uses permitted outright, a conditional use permit can be granted for the following buildings and uses:

(a) Bar.

(b) Child care facilities.

(d) Drive-in theater.

(e) Dwelling for caretaker or superintendent which is located on the same site with the permitted industrial use and is occupied exclusively by a caretaker or superintendent of the industrial use and family (same applies to a kennel).

(f) Eating and drinking establishments.

(g) Entertainment, adult.

(h) Industrial park to combine light manufacturing, office and complementary related commercial uses to include such activities as postal services, veterinary services, communication services, construction sales, business support services, financial services, insurance services, real estate services, laundry services, medical/dental services, sports and health services, professional and administrative offices, convenience sales, personal services, eating and drinking establishments and such.

(i) Manufacturing, repairing, compounding, research, assembly, fabricating, processing or packing of resource materials with some off-site impacts.

(j) Public and private recreational and amusement facilities.

(k) Public facilities, major.

(l) Public parks.

(m) Public safety and support facilities.

(n) Temporary asphalt batching (six-month maximum).

(o) Travel trailer parks.

(p) Wrecking and junkyards.

(4) Standards.

(a) The standards for the LI zone shall be determined by the proximity to residential zones and the anticipated off-site impacts.

(b) The maximum height within 100 feet of any residential zone shall be 35 feet.

(5) All chapters of the Development Code apply. (Ord. 3215 § 4 (Att. D), 2017; Ord. 2875 § 1.080.130, 2003)

17.32.140 Heavy industrial – HI.

(1) Purpose. The heavy industrial or HI zone is intended to provide appropriate locations for intensive manufacturing activities including fabrication, processing, or assembling of semifinished or finished products from raw materials, outdoor storage areas, and the storage of heavy equipment. It is also intended to provide locations for activities that need to be separated from more easily impacted activities such as schools, churches, etc.

(2) Uses Permitted Outright. In the HI zone the following buildings and uses are permitted after compliance with the provisions of this section and others of this code:

(a) Agricultural supplies/sales, machinery sales and repairs including slaughterhouses or tanneries (carried out in an enclosed building).

(b) All manufacturing, repairing, compounding, research, assembly, fabricating, or processing activities without off-site impacts.

(d) Building maintenance services.

(e) Building material sales including outdoor storage.

(f) Commercial gasoline stations.

(g) Equipment, heavy – sales and service.

(h) Motor vehicle sales, service, repair, and painting.

(i) Nursery/greenhouse operation and sales.

(j) Public facility, minor.

(k) Transmitting and/or receiving towers with or without broadcasting facilities.

(l) Trucking yards/terminals, including warehousing.

(m) Utility distribution plants and service yards.

(n) Wholesaling, warehousing and storing of automobiles, trucks, buses, consumer goods, contractors’ equipment, building materials, food products, liquid fuel, household goods, ice, lumber (except log storage or ponding), and such.

(3) Conditional Uses. In the HI zone, in addition to the buildings and uses permitted outright, a conditional use permit can be granted for the following buildings and uses:

(a) Caretaker dwelling.

(b) Entertainment, adult.

(d) Manufacture, repair, etc., with some off-site impact.

(e) Natural mineral resources development including necessary building, apparatus and appurtenances for rock, sand, gravel and mineral extraction and dredging, processing and stockpiling and all types of mineral recovery or mining, excluding smelters and ore reduction.

(f) On-site retailing of product manufactured, processed, etc., on site.

(g) Permitted uses which require special permits from the Oregon Department of Environmental Quality.

(h) Public parks.

(i) Public facilities, major.

(j) Public safety and support facilities.

(k) Recycling collection center.

(l) Solid waste disposal site or transfer station.

(m) Special hazardous uses such as:

(i) Two thousand gallons or more of flammable (Class I or II) materials.

(ii) Fifty gallons or more of unstable liquids, fireworks, blasting agents or explosives.

(iii) Magazines, Class II (Class I magazines are not permitted).

(iv) Five hundred pounds or more or 200 gallons or more of hazardous chemicals, including corrosive liquids, flammable solids, highly toxic materials, oxidizing materials, poisonous gases and any amount of radioactive materials.

(v) Unstable (reactive) chemicals, including organic peroxides and nitromethane.

(vi) Fifty pounds or more of ammonium nitrate.

(vii) Two thousand or more gallons of liquefied petroleum gases.

(n) Storage facilities such as personal lockers/garages and for recreational-type vehicles.

(o) Temporary asphalt batching (six months maximum).

(p) Travel trailer parks.

(q) Wrecking and junkyards.

(4) Standards. The standards for the HI zone shall be determined by the proximity to residential zones and the anticipated off-site impacts.

(a) No off-site impacts are permitted which exceed the standards of this code on lands permitting dwellings.

(b) The city noise ordinance and adopted DEQ regulations for locations near noise-sensitive uses such as dwellings, churches, schools and hospitals shall be the noise standard for off-site impacts.

(c) Vibrations that are continuous, frequent or repetitive and discernible to a person of normal sensibilities on nonindustrial zoned lands are prohibited except as listed below (continuous, frequent or repetitive vibrations shall not exceed 0.002g peak on nonindustrial lands):

(i) Vibrations from temporary construction and vehicles which leave the site, such as trucks, trains, and helicopters, are excluded. Vibrations from primarily on-site vehicles and equipment are included.

(ii) Vibrations of no more than five minutes in any one day shall not be deemed continuous, frequent or repetitive for this regulation.

(d) Glare shall not directly or indirectly from reflection cause illumination in excess of one-half foot candle on nonindustrial zoned lands. Glare is illumination caused by incandescent, fluorescent or arc lighting or from high temperature processes such as welding or metallurgical refining.

(e) No off-site impacts from odor, dust, smoke, gas or chemical contaminants shall exceed the applicable local, state or federal standards.

(f) The maximum height within 100 feet of any residential zone shall be 35 feet.

(5) All chapters of the Development Code apply. (Ord. 3215 § 4 (Att. D), 2017; Ord. 3203 § 2 (Att. A), 2016; Ord. 2875 § 1.080.140, 2003)

17.32.150 Public lands – PL.

(1) Purpose. The purpose of the public lands zone is to delineate lands that are owned by public or semipublic entities and that are used, or have the potential to be used, for public or semipublic purposes such as schools, parks, and playgrounds.

(2) Uses Permitted Outright. In the PL zone the following uses are allowed outright after compliance with the site development review chapter (Chapter 17.96 SHMC) and other relevant sections of this code:

(a) Cultural exhibits.

(b) Library services.

(d) Public or private park.

(e) Public or private playground.

(f) Public or private school and/or college.

(3) Conditional Uses. In the PL zone the following uses are permitted if approved under the conditional use chapter (Chapter 17.100 SHMC) and other applicable provisions of this code:

(a) Public facilities, major.

(b) Public support and safety facilities.

(c) Travel trailer park in public parks of over four acres in size to include a buffer of 20 feet where abutting a residential zone.

(d) Hospitals.

(4) Standards.

(a) The standards for the PL zone shall be determined by proximity to residential zones and the anticipated off-site impacts.

(b) The maximum building height shall be determined on a case-by-case basis (see SHMC 17.68.040).

(5) All chapters of the Development Code apply. (Ord. 3215 § 4 (Att. D), 2017; Ord. 3144 § 2 (Att. A), 2011; Ord. 2936 § 2, 2005; Ord. 2875 § 1.080.150, 2003)

17.32.160 Willamette Greenway – WG.

(1) Purpose. The purpose of the WG zone is to protect, conserve, enhance and maintain the natural, scenic, historical, agricultural, economic, and recreational quality of lands along the Willamette River. The WG zone is a superimposed zone to be used in combination with the existing underlying zone. Within the jurisdiction of St. Helens, those lands in the Willamette zone are within an urban area zoned heavy industrial because of existing and historical uses.

(2) Procedure. All activities within the WG zone are subject to review by the director. The director shall notify the Department of Transportation of any development, intensification, or proposed change of use, and of any action taken on those proposals. If the director determines that the proposed activities conflict with the purpose and uses allowed in this section, the permit shall be denied, or approved with conditions. The applicant may appeal the director’s decision to the planning commission which shall review the proposal in accordance with established conditional use procedures; in its deliberations, the planning commission shall consider the purpose of this section, as well as the criteria for granting conditional uses.

(3) Uses Allowed. Within the WG zone, development shall be directed away from the Willamette River to the greatest practicable degree; provided, however, lands committed to urban uses shall be permitted to continue and intensification or development associated with existing or historical urban uses shall be allowed subject to the approval of the director.

Urban uses shall include industrial and commercial activities. Industrial and commercial uses shall include facilities relating to the production, storage and transportation of timber and paper products.

In evaluating a proposal, the director shall take into consideration the proposed activity’s impact on fish and wildlife, public access, safety, and the vegetative fringe. The director may impose a setback in the WG zone if he/she believes these aspects have not been reasonably taken into account. Non-water-dependent and non-water-related uses shall be set back 150 feet from the river bank.

In areas in which there are industrial and commercial activities, public access shall be discouraged when there is a potential for physical harm to members of the public.

(4) Standards. Within the WG zone, the implementation of the allowed activity shall provide maximum practicable landscaping, aesthetic enhancement, open space or vegetation between the activity and the Willamette River.

(5) Definitions.

(a) “Change of use” means a different use of the land or water than that which existed on December 6, 1975. It includes a change which requires construction, alterations of the land, water or other areas outside of the existing buildings or structures and which substantially alters or affects the land or water. It does not include a change of use of a building or other structure which does not substantially alter or affect the land or water upon which it is situated. Change of use shall not include the completion of a structure for which a valid permit had been issued as of December 6, 1975, and under which permit substantial construction has been undertaken by July 1, 1976. The sale of property is not in itself considered to be a change of use. An existing open storage area shall be considered to be the same building.

Landscaping, construction of driveways, modifications of existing structures, or the construction or placement of such subsidiary structures or facilities as are usual and necessary to the use and enjoyment of existing improvements shall not be considered a change of use.

(b) “Intensification” means any additions which increase or expand the area or amount of an existing use, or the level of activity. Remodeling of the exterior of a structure not excluded below is an intensification when it will substantially alter the appearance of the structure. Intensification shall not include the completion of a structure for which a valid permit was issued as of December 6, 1975, and under which permit substantial construction has been undertaken by July 1, 1976. Maintenance and repair usual and necessary for the continuance of an existing use is not an intensification of use. Reasonable emergency procedures necessary for the safety or the protection of property are not an intensification of use. Residential use of lands within the Greenway includes the practices and activities customarily related to the use and enjoyment of one’s home. Landscaping, construction of driveways, modification of existing structures or construction or placement of such subsidiary structures or facilities adjacent to the residence as are usual and necessary to such use and enjoyment shall not be considered an intensification. Seasonal increases in gravel operations shall not be considered an intensification of use.

(c) “Water-dependent” means a use or activity which can be carried out only on, in, or adjacent to water areas because the use requires access to the water body for waterborne transportation, recreation, energy production, or source of water.

(d) “Water-related” means uses which are not directly dependent upon access to a water body, but which provide goods or services that are directly associated with water-dependent land or waterway use, and which, if not located adjacent to water, would result in a public loss of quality in the goods or services offered. Except as necessary for water-dependent or water-related uses or facilities, residences, parking lots, spoil and dump sites, roads and highways, restaurants, businesses, factories, and trailer parks are not generally considered dependent on or related to water location needs. (Ord. 2875 § 1.080.160, 2003)

17.32.170 Riverfront district – RD.

The riverfront district represents the lands along the St. Helens waterfront that are not designated principally as industrial or residential. These lands provide a mix of uses and generally have greater public access and interaction with the Columbia River or Multnomah Channel. The riverfront district is divided into subdistricts as follows and as depicted by Ordinance No. 3215, Attachment C:

Marina	RD, Marina	SHMC 17.32.171
Plaza	RD, Plaza	SHMC 17.32.172
Mill	RD, Mill	SHMC 17.32.173

(Ord. 3215 § 4 (Att. D), 2017)

17.32.171 Riverfront district – RD, marina.

(1) Purpose. The marina subdistrict is intended to encourage a wide range of water-related activities both commercial and residential. This is the northernmost area of the riverfront district and an area historically occupied by marinas and related uses.

(2) Uses Permitted Outright. In the marina subdistrict the following uses are permitted outright subject to the provisions of this code and especially the site development review chapter (Chapter 17.96 SHMC):

(a) Boathouses.

(b) Boat launching or moorage facilities and marine boat charter services.

(d) Dwellings located above permitted uses (use AR standards, except yard requirements, which are based on the use at ground level below the dwelling or dwellings).

(e) Eating and drinking establishments including carry-out.

(f) Home occupation (per Chapter 17.120 SHMC).

(g) Hotels and motels.

(h) Houseboats.

(i) Parking lots.

(j) Public facility, minor.

(k) Public parks and public recreational facilities.

(l) Retail sale of sporting goods, groceries, and similar commodities required by marine recreationists.

(m) Retail sale of handicraft and tourist goods.

(n) Marine-related club facility.

(3) Conditional Uses. In the marina subdistrict the following uses may be permitted upon approval subject to the provisions of this code, especially those in Chapter 17.100 SHMC for conditional uses:

(a) Commercial amusement and recreational facilities.

(b) Multidwelling units (must comply with AR standards and other applicable sections of this code).

(d) Public facilities, major.

(e) Travel trailer parks.

(4) Standards. In the marina subdistrict the following standards shall apply:

(a) The maximum building height shall be determined on a case-by-case basis (also see SHMC 17.68.040).

(b) Outdoor storage abutting or facing a lot in a residential zone shall comply with Chapter 17.72 SHMC.

(d) The minimum landscaping shall be 10 percent of gross land area associated with the use.

(5) All chapters of the Development Code apply except as modified herein. (Ord. 3232 § 2 (Att. A), 2018; Ord. 3215 § 4 (Att. D), 2017)

17.32.172 Riverfront district – RD, plaza.

(1) Purposes. The plaza subdistrict is intended to provide an innovative and flexible zoning category that may be used to implement the St. Helens comprehensive plan economic goals and policies and the strategic plan goals and policies for economic development.

The strategy is to provide opportunities for traditional neighborhood design and mixed residential and commercial uses in redeveloping riverfront district areas. The plaza subdistrict is designed to preserve and revitalize older developed areas, by eliminating nonconformities, providing for more mixed use development in individual buildings, and other more flexible development regulations which acknowledge the developed nature of the properties involved. The plaza subdistrict also allows for the establishment of special design and aesthetic standards for development, consistent with a community plan for redevelopment, preservation, and conservation. The location for the establishment of this subdistrict shall be targeted for existing developed areas, such as the existing commercial downtown, which could benefit from revitalization in the form of specific long-range planning, mixed uses and innovative development options and community improvement programs. This area is the commercial core of historic St. Helens.

(2) Uses Permitted Outright. In the plaza subdistrict, the following uses are permitted outright, subject to the modifications to development standards and conditions as specified herein and all other applicable provisions of this code as noted under additional requirements:

(a) Historic residential structures with or without any auxiliary dwelling unit. This is listed here separate from other residential uses given subsection (5)(a)(i) of this section. This does not mean historic residential structures are prohibited in other zones per SHMC 17.32.040(3)(a).

(b) Residential above Nonresidential Permitted Uses.

(i) Dwelling, single-family.

(ii) Dwelling, duplex.

(iii) Dwelling, townhouse.

(iv) Dwelling, multifamily.

(v) Other residential uses as per ORS Chapter 443.

(d) Public and institutional uses.

(e) Amphitheater public uses.

(f) Historical and cultural facilities and exhibits.

(g) Education and research facilities.

(h) Library services.

(i) Government administrative facilities/offices.

(j) Lodge, fraternal and civic assembly.

(k) Parking lots, public.

(l) Public facilities, minor.

(m) Public facilities, major.

(n) Public or private park.

(o) Public or private recreation facilities.

(p) Public or private schools/colleges.

(q) Public safety and support facilities.

(r) Artisan workshops.

(s) Art studios, galleries.

(t) Amusement services.

(u) Bars.

(v) Bed and breakfast facilities.

(w) Business and personal services, such as barber shops, beauty shops, tailors, laundries, printing, and locksmiths.

(x) Eating and drinking establishments – all (e.g., restaurant, diner, coffee shop).

(y) Offices – all (e.g., medical, business or professional).

(z) Financial institutions.

(aa) Hardware stores, without outdoor storage.

(bb) Health and fitness clubs.

(cc) Hotels or motels.

(dd) Kiosks.

(ee) Animal sales and services: grooming and retail.

(ff) Repair and maintenance facilities/shops for permitted retail products.

(gg) Rental centers.

(hh) Residential storage facilities (in conjunction with three or more dwelling units).

(ii) Retail sales establishments.

(jj) Small equipment sales, rental and repairs facilities/shops, without outside storage.

(kk) Theaters, indoors.

(ll) Trade and skilled services without outdoor storage, such as plumbing, HVAC, electrical, and paint sales/services facilities/shops.

(mm) Type I and II home occupation in dwelling unit above nonresidential permitted uses.

(nn) Transient housing.

(oo) Watercraft sales, rental, charters, without outdoor storage.

(3) Conditional Uses. In the plaza subdistrict, the following conditional uses may be permitted upon application, subject to provision of Chapter 17.100 SHMC and other relevant sections of this code:

(a) Animal sales and services: veterinary (small animals).

(b) Auction sales, services and repairs.

(d) Bus and train stations/terminals.

(e) Business with outdoor storage (those businesses permitted in permitted uses).

(f) Child care facility/day nursery.

(g) Hospitals, clinics, nursing homes, and convalescent homes.

(h) Laundromats and dry cleaners.

(i) Marijuana retailer and/or medical marijuana dispensary.

(j) Religious assembly excluding cemeteries.

(k) Parking lots/facilities, private.

(l) Pawn shop.

(4) Standards Applicable to All Uses. In the plaza subdistrict, the following standards and special conditions shall apply and shall take precedence over any conflicting standards listed in this code:

(a) The maximum building height shall be 45 feet. Building height limitations of SHMC 17.68.040, Building height criteria for scenic resources, do not apply.

(b) The maximum lot coverage including all impervious surfaces shall be 90 percent.

(d) No minimum setback requirements applicable to all uses except for as required in Chapter 17.64 SHMC.

(e) The maximum front yard setback shall be zero feet. The maximum setback may be increased with the condition that 100 percent of the increased setback is used for pedestrian amenities with the building use, such as patio dining for restaurant, sidewalk cafe, plaza, or courtyard.

(f) New buildings containing any nonresidential use abutting residential districts require one foot of setback for each foot of building wall height on the side abutting the residential zone, with a minimum setback of 10 feet. For yards abutting other nonresidential districts, no setback is required, subject to building code requirements.

Note: Where the plaza subdistrict abuts a residential zone and the uses are more than 30 feet above the proposed commercial use, then the height of the topography counts as part of the setback, e.g., 35-foot bluff behind a commercial building is same as 35-foot setback on that side.

(g) The minimum lot width at the street and building line shall be 20 feet.

(h) The minimum lot depth shall be 50 feet.

(i) Minimum open space shall be 10 percent.

(j) No maximum building size.

(k) No additional or new on-site parking is required for sites with lawfully existing building footprint coverage in excess of 50 percent of the lot area (change of use or remodeling without a change to the existing footprint of lawfully existing building(s) are also exempt).

(l) Except for subsection (4)(k) of this section, new development shall meet required on-site parking requirements with credit, on a one-for-one basis of parking spaces in rights-of-way abutting the site. On-street parking (in rights-of-way) shall be based upon parallel parking, or existing; fractions do not count. Moreover, parking standards shall be for normal sized vehicles, for the purpose of the parking credit.

(5) Special Conditions Permitted and Conditional Uses.

(a) Residential Uses.

(i) Except for historic residential structures (listed in city’s comprehensive plan and/or registered and recognized by the state or federal government), residential use is prohibited on the first floor of any building in the plaza subdistrict.

(ii) There is no minimum lot size requirement for residential use above permitted nonresidential uses.

(iii) Residential density above permitted uses shall be based on the standard of one dwelling unit for each full 500 interior square feet of non-residential use provided. Outdoor dining areas and similar permitted outdoor uses may only be included in the calculation when such areas are not located within a right-of-way.

(b) Outdoor storage of goods and materials must be screened.

(c) Outdoor display of goods and materials for retail establishments is permitted on private property in front of the retail establishment, provided such displays do not block safe ingress and egress from all entrances, including fire doors. In addition, outdoor display goods and materials shall be properly and safely stored inside during non-business hours. No outdoor display may block safe pedestrian or vehicular traffic. Outdoor displays shall not encroach in public rights-of-way, including streets, alleys or sidewalks, without express written permission of the city council.

(d) Kiosks may be allowed on public property, subject to the approval of a concession agreement with the city.

(6) Additional Requirements.

(a) Residential Density Transition. The residential density calculation and transition provisions of Chapter 17.56 SHMC shall not apply to the plaza subdistrict for residential uses above permitted uses. Densities are determined for residential uses by the formula in subsection (5)(a)(iii) of this section.

(b) Overlay District. Chapter 17.148 SHMC, Planned Development, shall not apply to the plaza subdistrict.

(d) Chapter 17.40 SHMC, wetlands and riparian corridors, shall not apply to the plaza subdistrict.

(e) All chapters of the Development Code apply except as modified herein.

(7) Architectural Character Review.

(a) In the plaza subdistrict, permanent exterior architectural changes to buildings (including new construction and signs) and freestanding signs that are not designated landmarks or historic resources of statewide significance as defined and otherwise governed by Chapter 17.36 SHMC shall comply with the architectural design guidelines, attached to Ordinance No. 3164 as Attachment A, as amended, except:

(i) For ordinary maintenance not requiring a building permit.

(ii) Painting of buildings except when painting previously unpainted masonry or stone.

(b) The historic landmark commission as established by Chapter 17.36 SHMC shall advise the approving authority on the character of permanent exterior architectural changes to all buildings within the plaza subdistrict that are not designated landmarks or historic resources of statewide significance as defined and otherwise governed by Chapter 17.36 SHMC.

(c) The historic landmark commission shall make a recommendation to the approving authority as to whether the commission believes any proposed permanent exterior architectural changes to buildings, including new construction, per subsections (7)(a) and (b) of this section comply with the architectural design guidelines. Such recommendation shall be prior to any such applicable decision being made, including but not limited to limited land use decisions of the planning commission or director, and other authorizations of the director such as building permit approval. (Ord. 3264 § 2 (Att. A), 2021; Ord. 3232 § 2 (Att. A), 2018; Ord. 3215 § 4 (Att. D), 2017; Ord. 3190 § 2 (Att. A), 2015; Ord. 3180 § 1 (Att. A), 2015; Ord. 3164 § 3 (Att. B), 2012; Ord. 3144 § 2 (Att. A), 2011; Ord. 3043 § 2, 2007; Ord. 2875 § 1.080.170, 2003. Formerly 17.32.170)

17.32.173 Riverfront district – RD, mill.

(1) Purpose. The mill subdistrict is to provide an alternative zoning and development option that may be used to allow for flexibility of possible land uses and standards while ensuring maximum public access along and to the waterfront to compliment other land uses that develop in the district. Development of this site is intended to provide a complimentary extension of the historic commercial core in use and form and facilitate transportation connections. This area was an important industrial site from the founding of St. Helens until the early part of the twenty-first century, when industrial development ceased with the Great Recession (2007 through 2009).

(2) Uses Permitted Outright. The following uses are permitted outright, subject to all provisions of the SHMC including specifically the modifications to development standards and conditions specified in this section. Moreover, the applicable provisions of Chapter 17.96 SHMC, Site Development Review, apply, except those modified by this chapter.

(a) Residential.

(i) Single dwelling units, attached.

(ii) Multidwelling units.

(b) Residential above Nonresidential Permitted Uses.

(i) Dwelling, single-family.

(ii) Congregate care facility.

(iii) Single dwelling units, attached.

(iv) Multidwelling units.

(v) Residential care facility.

(i) Amphitheater public uses.

(ii) Historical and cultural facilities and exhibits.

(iii) Education and research facilities.

(iv) Library services.

(v) Government administrative/office.

(vi) Lodge, fraternal and civic assembly.

(vii) Parking lots, public.

(viii) Public facility, minor.

(ix) Public facility, major.

(x) Public or private park.

(xi) Public or private recreation facilities.

(xii) Public or private school/college.

(xiii) Public safety and support facilities.

(d) Manufacturing.

(i) Artisan workshop.

(ii) Art studios, galleries.

(iii) Laboratories and research facilities.

(e) Commercial.

(i) Amusement services.

(ii) Animal sales and services: grooming and retail.

(iii) Medical facilities such as clinics, out-patient services, health care facilities, etc.

(iv) Bed and breakfast facilities.

(v) Business and personal services, such as barber shops, beauty shops, tailors, laundries, printing, and locksmiths.

(vi) Eating and drinking establishments – all (e.g., restaurant, diner, coffee shop).

(vii) Financial institutions.

(viii) Offices – all (e.g., medical, business or professional).

(ix) Hardware store, without outdoor storage.

(x) Health and fitness club.

(xi) Hotels or motels.

(xii) Kiosks.

(xiii) Parking lots, public.

(xiv) Plumbing, HVAC, electrical and paint sales and services, without outdoor storage.

(xv) Repair and maintenance of permitted retail products.

(xvi) Rental center.

(xvii) Residential storage facility (in conjunction with three or more dwelling units).

(xviii) Retail sales establishments.

(xix) Small equipment sales, rental and repairs, without outside storage.

(xx) Theaters, indoors.

(xxi) Trade and skilled services.

(xxii) Home occupation (per Chapter 17.120 SHMC).

(f) Marine Commercial.

(i) Houseboat(s), also known as floating homes.

(ii) Boathouse(s).

(iii) Boat launching, moorage facilities and marine boat charter services.

(iv) Boat or marine equipment sales, service, storage, rental or repair.

(v) Watercraft sales, rental, charters, without outdoor storage.

(vi) Bait and tackle shops.

(vii) Accessory marine related uses.

(viii) Marina.

(ix) Docks.

(3) The following conditional uses may be permitted upon application, subject to the provisions of Chapter 17.100 SHMC, Conditional Use, and other relevant sections of this code, except those modified by this chapter:

(a) Animal sales and services: veterinary (small animals).

(b) Auction sales, services and repairs.

(d) Bus stations/terminals.

(e) Businesses with outdoor storage (for businesses that are permitted uses only).

(f) Child care facility/day nursery.

(g) Hospitals, nursing homes, and convalescent homes.

(h) Postal services.

(i) Communication services.

(j) Laundromats and dry cleaners.

(k) Religious assembly.

(l) Boat building.

(4) Standards Applicable to All Uses. The following standards and special conditions shall apply to all uses in the mill subdistrict:

(a) The maximum building height shall be 55 feet. The building height limitations of SHMC 17.68.040, Building height criteria for scenic resources, do not apply in the mill subdistrict.

(b) Landscaping Required. The minimum landscaping shall be 10 percent of the gross land area associated with use, except as required by Chapter 17.96 SHMC. The maximum lot coverage including all impervious surfaces shall be 90 percent.

(c) There is no minimum lot size requirement. Lots or parcels shall be of sufficient size to accommodate all applicable development standards for intended or potential land uses.

(d) No required yard (setbacks) from rights-of-way.

(e) New buildings containing any nonresidential use abutting a residential zoning district require one foot of setback for each foot of wall height with a minimum setback of 10 feet. For yards abutting nonresidential districts, no setback is required, subject to building code requirements.

Note: This setback may be reduced proportionately when the residential zoning district is topographically above the base level of new construction.

(f) The minimum lot width at the street and building line shall be 20 feet.

(g) The minimum lot depth shall be 50 feet.

(h) No maximum building size.

(i) There is no maximum residential density.

(j) Outdoor storage of goods and materials as an independent use not in conjunction with another use is prohibited. Outdoor storage is allowed for conditional uses in this zone only when said storage is completely screened from the street and adjacent properties.

(k) Outdoor display of goods and materials for retail establishments is permitted on private property in front of the retail establishment, provided such displays do not block safe ingress and egress from all entrances and exits including those specifically for emergency use, block safe pedestrian or vehicular circulation areas, block required parking areas, block emergency accessways, interfere with landscape areas such that those areas will be prone to damage, or otherwise create a hazard. In addition, outdoor display of goods and materials shall be properly and safely stored inside during nonbusiness hours. Moreover, outdoor displays shall not encroach in public rights-of-way, including but not limited to streets, alleys or sidewalks, without express written permission of the city council as reflected in an executed temporary license, release and hold harmless agreement. License agreements shall require safe, sturdy and secure outdoor displays and may be subject to an annual fee determined by resolution of the St. Helens city council.

(5) Additional Requirements.

(a) In addition to other applicable standards, all development, division of land, lot line adjustment, replat and such subject to review by the city shall also comply with the St. Helens Waterfront Framework Plan, attached to Ordinance 3215 as Attachment E, as amended. Whenever the standards or requirements of the Waterfront Framework Plan are in conflict with other city codes, the approval authority may consider those of the Waterfront Framework Plan to be of the higher standard per SHMC 17.12.010.

(b) The architectural character review provisions pursuant to SHMC 17.32.172(7) shall apply to the mill subdistrict.

(c) As part of any development, division of land, lot line adjustment, replat and such, a minimum 50-foot width, measured from the top of bank/shoreline of the Columbia River landward, shall be dedicated for public access. The approval authority shall deny any proposal that prevents public access along the waterfront. A width less than 50 feet may be considered when the approval authority finds the intent of the Waterfront Framework Plan can still be met. Dedication may be by easement or right-of-way dedication. This is in addition to the requirements of SHMC 17.152.110. If possible, it is recommended that the reservation for public shoreline access be a condition of property sale (e.g., when the city is the land owner) or other agreement outside of a permit or authorization of land use.

(d) All chapters or sections of the Development Code shall apply to the mill subdistrict, except the following, which do not apply:

(i) Chapter 17.56 SHMC, Density Computations;

(ii) Chapter 17.40 SHMC, Protective Measures for Significant Wetlands, Riparian Corridors, and Protection Zones;

(iii) Building height limitations of SHMC 17.68.040, Building height criteria for scenic resources;

(iv) Chapter 17.76 SHMC, Visual Clearance Areas; and

(v) Chapter 17.148 SHMC, Planned Development.

(e) To address the unique status of the mill subdistrict, the city and one or more property owners may modify or exempt development from the otherwise applicable provisions of the St. Helens Community Development Code pursuant to a statutory development agreement as provided in ORS Chapter 94, as amended; provided, that the approval authority finds that the development complies with the St. Helens Waterfront Framework Plan, attached to Ordinance No. 3215, attachment E, as amended. A development agreement shall be reviewed as provided in SHMC 17.24.090. Chapter 17.46 SHMC, Floodplains and Floodways, shall not be modified or exempted. (Ord. 3264 § 2 (Att. A), 2021; Ord. 3232 § 2 (Att. A), 2018; Ord. 3215 § 4 (Att. D), 2017; Ord. 3180 § 1 (Att. A), 2015; Ord. 3107 § 2 (Att. A), 2009. Formerly 17.32.180)

17.32.179 RD guidelines adopted.

(1) The city hereby adopts the architectural design guidelines for the plaza subdistrict and mill subdistrict, attached to the ordinance codified in this section as Attachment A, as amended, and made part of this chapter by reference.

(2) The city hereby adopts the St. Helens Waterfront Framework Plan for the mill subdistrict, attached to the ordinance codified in this section as Attachment E, as amended, and made part of this chapter by reference. (Ord. 3215 § 4 (Att. D), 2017; Ord. 3180 § 1 (Att. A), 2015; Ord. 3164 § 2, 2012. Formerly 17.32.172)

17.32.180 Houlton business district – HBD.

(1) Purpose. The HBD zone is intended to provide an innovative and flexible zoning category that may be used to implement the St. Helens comprehensive plan economic goals and policies and the strategic plan goals and policies for economic development. The strategy is to provide opportunities for traditional neighborhood design and mixed residential and commercial uses in the redeveloping Houlton area. The HBD zone is designed to preserve and revitalize older developed areas by eliminating certain nonconformities, providing for more mixed use development in individual buildings, and other more flexible development regulations which acknowledge the developed nature of the properties involved. The location for the establishment of the HBD zone shall be targeted for existing developed areas, such as the existing commercial uptown, which could benefit from revitalization in the form of specific long-range planning, mixed uses and innovative development options and community improvement programs. This is the commercial core of what was once a town known as Houlton that was separate from St. Helens.

(2) Uses Permitted Outright. In the HBD zone, the following uses are permitted outright, subject to the modifications to development standards and conditions as specified herein and all other applicable provisions of this code as noted under additional requirements:

(a) Dwellings: single detached or attached, duplexes, and dwellings above permitted uses.

(b) Public and institutional uses.

(d) Historical and cultural facilities and exhibits.

(e) Education and research facilities.

(f) Library services.

(g) Government administrative facilities/ offices.

(h) Lodge, fraternal and civic assembly.

(i) Parking lots, public.

(j) Public facilities, minor.

(k) Public facilities, major.

(l) Public or private park.

(m) Public or private recreation facilities.

(n) Public or private schools/colleges.

(o) Public safety and support facilities.

(p) Artisan workshops.

(q) Art studios, galleries.

(r) Amusement services.

(s) Bars.

(t) Bed and breakfast facilities.

(u) Business and personal services, such as barber shops, beauty shops, tailors, laundries, printing, and locksmiths.

(v) Eating and drinking establishments – all (e.g., restaurant, diner, coffee shop).

(w) Offices – all (e.g., medical, business or professional).

(x) Financial institutions.

(y) Hardware stores, without outdoor storage.

(z) Health and fitness clubs.

(aa) Hotels or motels.

(bb) Kiosks.

(cc) Pawn shops.

(dd) Animal sales and services: grooming and retail.

(ee) Repair and maintenance facilities/shops for permitted retail products.

(ff) Rental centers.

(gg) Residential storage facilities (in conjunction with three or more dwelling units).

(hh) Retail sales establishments – all.

(ii) Small equipment sales, rental and repairs facilities/shops, without outside storage.

(jj) Theaters, indoors.

(kk) Trade and skilled services without outdoor storage, such as plumbing, HVAC, electrical, and paint sales/services facilities/shops.

(ll) Home occupation (per Chapter 17.120 SHMC).

(mm) Transient housing.

(nn) Watercraft sales, rental, charters, without outdoor storage.

(oo) Car washes.

(pp) Produce stands.

(qq) Shopping centers and plazas.

(rr) Residential home.

(3) Conditional Uses. In the HBD zone, the following conditional uses may be permitted upon application, subject to provisions of Chapter 17.100 SHMC and other relevant sections of this code:

(a) Animal sales and services: veterinary (small animals).

(b) Auction sales, services and repairs.

(d) Bus and train stations/terminals.

(e) Business with outdoor storage (those businesses permitted in permitted uses).

(f) Child care facility/day nursery.

(g) Drive-up businesses and services (including those associated with food sales, pharmacies and such).

(h) Dwellings on same level as nonresidential use.

(i) Funeral homes.

(j) Hospitals, clinics, nursing homes, and convalescent homes.

(k) Laundromats and dry cleaners.

(l) Marijuana retailer and/or medical marijuana dispensary.

(m) Multidwelling units.

(n) Religious assembly, excluding cemeteries.

(o) Residential facility.

(p) Parking lots/facilities, private.

(q) Nurseries and greenhouses.

(r) Vehicle repair, service, and sales.

(4) Standards Applicable to All Uses. In the HBD zone, the following standards and special conditions shall apply and shall take precedence over any conflicting standards listed in this code:

(a) The maximum building height shall be 45 feet.

(b) The maximum lot coverage including all impervious surfaces shall be 90 percent.

(d) No minimum setback requirements applicable to all uses except for as required in Chapter 17.64 SHMC.

Note: Where the HBD zone abuts a residential zone and the uses are more than 30 feet above the proposed commercial use, then the height of the topography counts as part of the setback; e.g., a 35-foot bluff behind a commercial building is the same as a 35-foot setback on that side.

(g) The minimum lot width at the street and building line shall be 20 feet.

(h) The minimum lot depth shall be 50 feet.

(i) Minimum open space shall be 10 percent.

(j) No maximum building size.

(l) Except for subsection (4)(k) of this section, new development shall meet required on-site parking requirements with credit, on a one-for-one basis of parking spaces in rights-of-way abutting the site. On-street parking (in rights-of-way) shall be based upon parallel parking or existing and fractions do not count. Moreover, parking standards shall be for normal sized vehicles, for the purpose of the parking credit.

(m) Notwithstanding the standards of subsections (4)(a) through (l) of this section, these residential uses are subject to the following:

(i) Single-dwelling units, attached or detached, and duplexes shall comply with the R-5 standards; and

(ii) Multidwelling units shall comply with AR standards.

(5) Special Conditions Permitted and Conditional Uses.

(a) Residential density above permitted uses shall be based on the standard of one dwelling unit for each full 500 interior square feet of nonresidential use provided. Outdoor dining areas and similar permitted outdoor uses may only be included in the calculation when such areas are not located within a right-of-way.

(b) Outdoor storage of goods and materials must be screened.

(c) Outdoor display of goods and materials for retail establishments is permitted on private property in front of the retail establishment, provided such displays do not block safe ingress and egress from all entrances, including fire doors. In addition, outdoor display goods and materials shall be properly and safely stored inside during nonbusiness hours. No outdoor display may block safe pedestrian or vehicular traffic. Outdoor displays shall not encroach in public rights-of-way, including streets, alleys or sidewalks, without express written permission of the city council.

(d) Kiosks may be allowed on public property, subject to the approval of a concession agreement with the city.

(6) Additional Requirements.

(a) Residential Density Transition. The residential density calculation and transition provisions of Chapter 17.56 SHMC shall not apply to the HBD zone for residential uses above permitted uses. Densities are determined for residential uses by the formula in subsection (5)(a) of this section.

(b) The visual clearance area requirements of Chapter 17.76 SHMC do not apply to the Houlton business district.

(d) All chapters of the Development Code apply except as modified herein. (Ord. 3264 § 2 (Att. A), 2021; Ord. 3232 § 2 (Att. A), 2018; Ord. 3215 § 4 (Att. D), 2017; Ord. 3197 § 2 (Att. A), 2015; Ord. 3190 § 2 (Att. A), 2015; Ord. 3110 § 5 (Att. B), 2009. Formerly 17.32.175)