Special uses included in Chapter 17-2.3 are uses which, due to their effect on surrounding properties, must be developed in accordance with special conditions and standards. These special use standards may differ from the development standards established for other uses in the same zoning district.
(Ord. 2017-08 §1)
All uses designated as Special ("S") Uses in Table 17-2.2.030, and uses the City determines to be similar to such uses, are subject to the standards of Chapter 17-2.3. The standards of this chapter supplement the other requirements of this Code. When a dimensional standard for a special use differs from that of the underlying district, the standard for the special use shall apply.
(Ord. 2017-08 §1)
The City uses the procedures for Site Design Review, under Chapter 17-4.2, in reviewing proposed uses for compliance with the requirements of Chapter 17-2.3.
(Ord. 2017-08 §1)
A.
Purpose.
The following provisions are intended to encourage mixed-use development,
including cottage industries and business incubators, by integrating
small-scale manufacturing with commercial uses. For the purposes of
this section, artisanal uses are those that blend manufacturing and
retail uses such as brewpubs, winery tasting rooms, artist studios,
cabinet makers, and similar uses, on the same site.
B.
Applicability.
The following standards apply where manufacturing uses are allowed
in commercial zones and where retail uses are allowed in industrial
zones. The standards are applied through Site Design Review or Conditional
Use Permit review, as applicable.
C.
Standards.
1.
Where a manufacturing use is allowed in a commercial zone, it shall
be permitted only in conjunction with a primary commercial use.
2.
Where a manufacturing use is allowed in a commercial zone, it shall
be wholly enclosed in a building, unless unenclosed operations are
authorized by a Conditional Use Permit.
3.
Where a manufacturing use is allowed in a commercial zone and the
subject site is located within 100 feet of a residential zone, the
City may limit the hours of operation of the commercial or industrial
uses to between 7:00 a.m. and 9:00 p.m. where it has identified concerns
about noise, parking, or other impacts related to the use.
4.
Where a commercial use is allowed in an industrial zone, it shall
be permitted only in conjunction with the primary industrial use and
shall not exceed the floor area of the primary industrial use.
(Ord. 2017-08 §1)
Drive-through service uses shall comply with the design standards of Section 17-3.2.060.
(Ord. 2017-08 §1)
A.
Purpose.
The following provisions are intended to promote compatibility between
duplex dwellings and single-family dwellings in the R zones.
B.
Applicability.
The following standards apply where a duplex is proposed adjacent
to a single-family dwelling where the duplex lot and single-family
lot share a common property line. The standards are applied through
a Type I Zoning Checklist review procedure, prior to submittal of
building plans to the Building Official.
C.
Standards.
Where new duplex construction is proposed the duplex shall meet all
of the following standards:
1.
The duplex, if located on a corner lot and containing two garages,
shall have each garage entrance orient to a different street or alley.
2.
The duplex shall have no blank wall oriented to a street. This standard
is met if any elevation facing a street is composed of not less than
30 percent windows and door surface area.
(Ord. 2017-08 §1)
A.
Purpose.
The following provisions are intended to promote a compatible building
scale where attached single-family dwellings are proposed, while minimizing
the impact of garages along street fronts and creating a streetscape
that is conducive to walking.
B.
Applicability. The following standards apply to new attached single-family dwellings. The standards are applied through Zoning Checklist review, pursuant to Section 17-4.1.020, prior to issuance of building permits.
C.
Standards.
Where attached single-family dwellings are proposed, the structure(s)
shall meet all of the following standards:
1.
Each building shall contain not more than four consecutively attached
dwelling units and not exceed an overall length or width of 100 feet.
2.
The primary entrance of each dwelling unit shall orient to a street
or an interior courtyard that is not less than 24 feet in width.
3.
Where the subject site is served by an existing or planned alley,
vehicle access shall be from the alley and all garage entrances shall
orient to the alley.
(Ord. 2017-08 §1)
A.
Purpose.
The following standards are intended to ensure that multifamily developments
are planned with adequate open space and are designed to prevent conflicts
between residential uses, on-site recreation, and vehicle circulation
and parking areas. The standards supplement the design standards of
Division III.
B.
Applicability.
This section applies to new multifamily developments.
C.
Standards.
1.
Common Open Space and Landscaping. A minimum of 15 percent of the
site area in a multifamily development shall be designated and permanently
reserved as common area or open space, in accordance with all of the
following criteria:
a.
"Site area" for the purposes of this section is defined as the subject
lot or lots after subtracting any required dedication of street right-of-way.
b.
The common area or open space shall contain one or more of the following:
outdoor recreation area, tree grove (e.g., existing mature trees),
turf play fields or playgrounds, sports courts, swim pool, walking
fitness course, natural area with picnic benches, or similar open
space amenities as appropriate for the intended residents.
c.
In order to be counted as eligible toward the minimum open space
area, such areas shall have dimensions of not less than 20 feet.
d.
Open space and common areas not containing recreational facilities
shall be landscaped.
e.
Buildings located in the C-1 zone are exempt from this section.
2.
Private Open Space. Private open space areas shall be required for
dwelling units based on the following criteria:
a.
A minimum of 40 percent of all ground-floor dwelling units shall
have front or rear patios or decks containing at least 48 square feet
of usable area. Ground floor housing means the housing unit entrance
(front or rear) is within five feet of the finished ground elevation
(i.e., after grading and landscaping). This section does not apply
to buildings within the C-1 zone.
b.
A minimum of 40 percent of all upper-floor housing units shall have
balconies or porches containing at least 48 square feet of usable
area. Upper-floor housing means housing units with a first floor elevation
that is more than five feet above the finished grade.
4.
Trash Storage. Trash receptacles, recycling, and storage facilities
shall be oriented away from building entrances, set back at least
10 feet from any public right-of-way and adjacent residences, and
shall be screened with an evergreen hedge or solid fence or wall of
not less than six feet in height. Receptacles must be accessible to
trash pick-up trucks.
(Ord. 2017-08 §1)
A.
Purpose.
This section provides standards for residential uses in the C-1, C-2
and M-1, M-2 zones.
B.
Applicability.
This section applies to dwellings in the C-1, C-2 and M-1, M-2 zones.
C.
Standards.
Residential uses in the C-1, C-2 and M-1, M-2 zones shall conform
to all of the following standards:
1.
New residential uses shall not be located in a ground building floor
space in the C-1 and C-2 zones.
2.
Single-family dwellings lawfully existing as of November 10, 2017
may continue as permitted uses; and in the event of involuntary damage
or destruction due to fire or other event beyond the owner's control,
such single-family use may be rebuilt and reestablished pursuant to
Section 17-2.030 and applicable building codes.
(Ord. 2017-08 §1; Ord. 2021-10 §1)
Family daycare uses are limited to on-site care for not more
than 16 children, and shall conform to the state licensing requirements
and standards under ORS 657A.250 and ORS 657A.440(4). Family daycare
uses must also have a current City of Molalla business license.
(Ord. 2017-08 §1)
Residential care homes and residential care facilities, where
allowed, shall conform to all of the following standards and procedures.
Residential care facilities are not the same as acute care facilities,
which are classified as community service uses, and they are not the
same as senior housing facilities that provide limited or no medical
care, which are classified as multifamily housing.
A.
Licensing
and State Requirements. Residential care homes and residential care
facilities shall be licensed by the State of Oregon and comply with
state requirements, pursuant to ORS 197.660 through 197.670.
B.
Residential
Care Homes. Residential care homes may provide residential care alone,
or in conjunction with treatment or training, for five or fewer individuals
who need not be related. Staff required to meet state licensing requirements
is not counted in the number of facility residents and need not be
related to each other or the residents. The same Development Code
standards that apply to single-family dwellings also apply to residential
care homes, except where state law supersedes City standards.
C.
Residential
Care Facilities. Residential care facilities may provide residential
care alone, or in conjunction with treatment or training, for between
six and 15 individuals who need not be related. Staff required to
meet state licensing requirements is not counted in the number of
facility residents and need not be related to each other or the residents.
The same Development Code standards that apply to multifamily dwellings
also apply to residential care homes, except where state law supersedes
City standards.
F.
Landscaping. Residential care facilities are required to comply with the landscaping and screening standards of Chapter 17-3.4. The City may require the installation of a landscape hedge or fence on the property line separating a residential care facility from an abutting lot containing a single-family dwelling for the purposes of visual screening and privacy between uses. The landscaping standards do not apply to building permits for individual residential care homes.
G.
Building Design Standards. Residential care facilities are required to comply with the building orientation and design standards for multifamily housing, pursuant to Chapter 17-3.2; except where a state requirement conflicts with a City standard, the state requirement, not the City standard, shall apply. The building design standards do not apply to residential care homes.
H.
Review Procedure. Residential care homes are subject to review and approval through a Type I Zoning Checklist review procedure under Section 17-4.1.020 prior to issuance of building permits. Residential care facilities are subject to a Type III (public hearing) review and approval under Section 17-4.1.040.
(Ord. 2017-08 §1)
A.
Purpose.
The purpose of this section is to encourage those who are engaged
in small commercial ventures that could not necessarily be sustained
if it were necessary to lease commercial quarters, or which by the
nature of the venture are appropriate in scale and impact to be operated
within a residence.
B.
Applicability.
This section applies to home occupation uses in residential zones.
A home-based business in a commercial zone is considered a commercial
use and is not subject to the standards of this section.
C.
Home
Occupation in Residential Zones. Home occupations of less than 1,000
square feet of lot area are permitted, provided the owner completes
a Zoning Checklist and obtains a City of Molalla business license.
Home occupations greater than 1,000 square feet of lot area are allowed,
subject to approval of a Conditional Use Permit. For the purpose of
this section, "lot area" includes building floor area, areas within
accessory structures, and all other portions of a lot.
D.
Home
Occupation Standards. Home occupations shall conform to all of the
standards below, except the City may approve adjustments to the standards
through the Conditional Use Permit approval, provided all uses and
structures on the subject property conform to applicable City regulations,
including, but not limited to, building codes and nuisance regulations.
1.
Appearance of Residence.
a.
The home occupation shall be restricted to lawfully built enclosed
structures and be conducted in such a manner as not to give an outward
appearance of a business.
b.
The home occupation shall not result in any structural alterations
or additions to a structure that will change its primary use or building
code occupancy classification.
c.
The home occupation shall not violate any conditions of development
approval (i.e., prior land use development permit or approval).
d.
No products or equipment produced or used by the home occupation
may be displayed to be visible from outside any structure.
2.
Storage.
a.
Outside storage visible from the public right-of-way or adjacent
properties that exceeds what is customary for a single-family residence
in the vicinity is prohibited.
b.
On-site storage of hazardous materials (including toxic, explosive,
noxious, combustible, or flammable material) beyond those normally
incidental to residential use is prohibited.
c.
Storage of inventory or products and all other equipment, fixtures,
and activities associated with the home occupation shall be enclosed
in a structure or otherwise screened from view from adjacent properties
and public right-of-way.
3.
Employees.
a.
Other than people residing within the dwelling located on the home
occupation site, there shall be no more than two employees at the
home occupation site at any given time. As used in this chapter, the
term "home occupation site" means the legal lot on which the home
occupation is conducted.
b.
Additional individuals may be employed by or associated with the
home occupation, so long as they do not report to work, pick up, or
deliver at the home occupation site.
c.
The home occupation site shall not be used as a headquarters for
the assembly of employees for instruction or other purposes, including
dispatch of employees to other locations.
4.
Advertising and Signs. Signs shall not exceed a total of four square
feet of surface area on each side of one or two faces.
5.
Vehicles, Parking, and Traffic.
a.
Not more than one commercially licensed vehicle associated with the
home occupation is allowed at the home occupation site in the same
24-hour period. Vehicles shall be of a size that would not overhang
into the public right-of-way when parked.
b.
There shall be no commercial vehicle deliveries between 9:00 p.m.
and 7:00 a.m.
6.
Business Hours. There shall be no restriction on business hours,
except that clients or customers are permitted at the home occupation
only from 7:00 a.m. to 9:00 p.m., Monday through Friday.
7.
Prohibited Home Occupation Uses.
a.
Any activity that produces radio, TV, or other electronic interference;
noise, glare, vibration, smoke, or odor beyond allowable levels as
determined by local, state, or federal standards, or that can be detected
beyond the property line, is prohibited.
b.
Any activity involving on-site retail sales, including garage sales
exceeding the thresholds of a temporary use, is prohibited, except
that the sale of items that are incidental to a permitted home occupation
is allowed. For example, the sale of lesson books or sheet music from
music teachers, art or craft supplies from arts or crafts instructors,
computer software from computer consultants, and similar incidental
items for sale by the home business is allowed.
c.
The following uses, and uses with similar objectionable impacts because
of motor vehicle traffic, noise, glare, odor, dust, smoke, or vibration,
are prohibited:
8.
Enforcement. With cause, the City's designated Code Enforcement Officer
may visit a home occupation site to inspect the site and enforce the
provisions of this Code.
(Ord. 2017-08 §1)
Manufactured homes are permitted on individual lots, subject
to all of the following design standards. Manufactured homes relocated
into the City of Molalla shall conform to City standards. The following
standards do not apply to dwellings lawfully established and existing
within the City prior to November 10, 2017.
A.
Residential
Building Materials. The manufactured home shall have exterior siding
and roofing which in color, material, and appearance are similar to
the exterior siding and roof material used on nearby residences; horizontal
wood or horizontal wood-appearance siding and composite roofing is
also permitted.
B.
Garages
and Carports. If the manufactured home has a garage or carport, the
garage or carport shall be constructed of materials like those used
on the home.
C.
Thermal
Envelope. The manufactured home shall be certified by the manufacturer
to meet the thermal envelope requirements equivalent to those for
a single-family dwelling constructed under the state Building Code.
Evidence demonstrating that the manufactured home meets "Super Good
Cents" energy efficiency standards, or an equivalent standard, is
deemed to satisfy the exterior thermal envelope certification requirement.
D.
Placement.
The manufactured home shall be placed on an excavated and back-filled
foundation and enclosed at the perimeter such that the manufactured
home is located not more than 16 inches above grade, and complies
with the minimum set-up standards of the adopted state Administrative
Rules for Manufactured Dwellings, OAR Chapter 918. Where the building
site has a sloped grade, no more than 16 inches of the enclosing material
shall be exposed on the uphill side of the home.
E.
Floodplain.
Manufactured homes shall comply following standards:
1.
The stand shall be a minimum of 12 inches above Base Flood Elevation
(BFE) unless the foundation wall is opened on one side or end so that
floodwater cannot be trapped.
2.
The bottom of the longitudinal chassis frame beam in A zones, and
the bottom of the lowest horizontal structural member supporting the
dwelling in V zones shall be a minimum of 12 inches above BFE.
3.
The manufactured dwelling shall be anchored to prevent flotation,
collapse, or lateral movement during the base flood. Anchoring methods
may include, but are not limited to, use of over-the-top or frame
ties to ground anchors (Reference FEMA's "Manufactured Home Installation
in Flood Hazard Areas" guidebook for anchoring techniques.
4.
Electrical crossover connections shall be a minimum of 12 inches
above BFE.
F.
Foundation
Skirt. The foundation area of the manufactured home shall be fully
skirted with concrete, horizontal wood or vinyl siding, or other materials,
pursuant to applicable building codes.
G.
Prohibited.
The manufactured home shall not be located in a designated historic
district, except where the historic district regulations specifically
provide for manufactured homes.
(Ord. 2017-08 §1)
Mobile home and manufactured dwelling parks (not including recreational
vehicles) are permitted on parcels of one acre or larger, subject
to compliance with subsections A through C:
A.
Permitted
Uses. Single-family residences, manufactured dwelling park manager's
office, home occupations, and accessory structures that are necessary
for the operation and maintenance of the manufactured dwelling park
(e.g., landscape maintenance).
B.
Development
Standards. Development of manufactured dwelling parks, including placement
of manufactured dwellings within a park, shall comply with applicable
building codes and state requirements for manufactured dwelling parks
in ORS Chapter 446.
C.
Perimeter
Landscaping. When manufactured dwellings are oriented with their back
or side yards facing a public right-of-way, the City may require installation
of fencing and planting of a landscape buffer of five to 10 feet in
width between the right-of-way and a manufactured dwelling park for
the privacy and security of park residents or for privacy of adjacent
residences.
(Ord. 2017-08 §1)
Temporary uses are characterized by their short term or seasonal
nature and by the fact that permanent improvements are not made to
the site. Temporary uses include, but are not limited to: construction
trailers, leasing offices, temporary carnivals and fairs, parking
lot sales, retail warehouse sales, seasonal sales such as Christmas
tree sales and vegetable stands, and similar uses. This Code contains
permit procedures for three types of temporary uses, Seasonal and
Special Events, Temporary Sales Offices and Model Homes, and Temporary
Buildings, Trailers, Kiosks, and Other Structures, as follows:
A.
Seasonal and Special Events. Through a Type II procedure, pursuant to Section 17-4.1.030, the City shall approve, approve with conditions, or deny a temporary use application for a Seasonal or Special Event, based on the following criteria:
1.
The use is permitted in the underlying zone, and does not violate
any conditions of approval for the property (e.g., prior development
permit approval).
2.
The use occurs for not longer than 45 consecutive days and 45 days
between occurrences.
3.
The use is permitted in the underlying land use district and does
not violate any conditions of approval for the property (e.g., prior
development permit approval).
4.
The applicant, if different than the property owner, has proof of
the owner's permission to place the use on the property.
5.
Ingress and egress are adequate and do not raise safety concerns when the proposed use is combined with the other uses of the site, pursuant to Chapter 17-3.3 Access and Circulation.
6.
The use does not conflict (i.e., create a nonconformity) with the provisions of Chapter 17-3.4 Landscaping, Fences and Walls, Outdoor Lighting.
7.
There is sufficient parking to accommodate the temporary use and other uses existing on the site, pursuant to the Chapter 17-3.5 Parking and Loading.
8.
The use does not conflict (i.e., create a nonconformity) with the provisions of Chapter 17-3.6 Public Facilities.
9.
The use does not create adverse off-site impacts including vehicle
traffic, noise, odors, vibrations, glare, or lights that affect an
adjoining use in a manner in which other uses allowed outright in
the district do not affect the adjoining use.
10.
The use is adequately served by sewer or septic system and water,
as applicable.
11.
The applicant shall be responsible for maintaining all required licenses
and permits.
B.
Temporary Sales Office or Model Home. Through a Type II procedure, pursuant to Section 17-4.1.030, the City shall approve, approve with conditions, or deny a temporary use application for a Temporary Sales Office or Model Home, based on the following criteria:
1.
Temporary Sales Office. The use of any real property within the City
as a temporary sales office, office for the purpose of facilitating
the sale of real property, shall meet all of the following criteria:
a.
The temporary sales office shall be located within the boundaries
of the subdivision or tract of land in which the real property is
to be sold.
b.
The property to be used for a temporary sales office shall not be
permanently improved for that purpose.
c.
Public health, safety, and welfare shall be protected through conditions
imposed by the City, regarding temporary utility connections.
2.
Model House. The use of any real property within the City for a model
home, including a model home in any subdivision or on any tract of
land within the City, shall meet all of the following criteria:
a.
Where the model house is located in a residential zone, it shall
be located within the boundaries of the subdivision or tract of land
where the real property to be sold is situated.
b.
A model house located in a residential zone shall be designed as
a permanent structure that meets all relevant requirements of this
Code and other applicable codes and permit requirements.
c.
A model house located in a non-residential zone, as with a manufactured
home sales display lot, shall be removed when the use of the subject
site for home sales ends.
C.
Temporary Buildings, Trailers, Kiosks, and Other Structures. Through a Type II procedure, pursuant to Section 17-4.1.030, the City shall approve, approve with conditions, or deny an application for a placement and use of a temporary building, trailer, kiosk, or other structure, based on following criteria:
1.
The use is permitted in the underlying zone and does not violate
any conditions of approval for the property (e.g., prior development
permit approval).
2.
The applicant, if different than the property owner, has proof of
the owner's permission to place the use on the property.
3.
The lot development standards of Section 17-2.2.040 are met.
4.
Ingress and egress are adequate and do not raise safety concerns when the proposed use is combined with the other uses of the site, pursuant to Chapter 17-3.3 Access and Circulation.
5.
The use does not conflict (i.e., create a nonconformity) with the provisions of Chapter 17-3.4 Landscaping, Fences and Walls, Outdoor Lighting.
6.
There is sufficient parking to accommodate the temporary use and other uses existing on the site, pursuant to the Chapter 17-3.5 Parking and Loading.
7.
The temporary use does not conflict (i.e., create a nonconformity) with the provisions of Chapter 17-3.6 Public Facilities.
8.
The use does not create adverse off-site impacts including vehicle
traffic, noise, odors, vibrations, glare, or lights that affect an
adjoining use in a manner in which other uses allowed outright in
the district do not affect the adjoining use.
9.
The use is adequately served by sewer or septic system and water,
as applicable.
10.
The structure complies with applicable building codes.
11.
Except where specifically authorized by the Planning Official the
length of time that the temporary structure may remain on a site shall
not exceed six consecutive months.
12.
The applicant has obtained and will maintain all required licenses
and permits.
(Ord. 2017-08 §1)
Accessory dwellings are subject to review and approval through a Type II procedure, pursuant to Section 17-4.1.030, and shall conform to all of the following standards:
A.
One
Unit. A maximum of one accessory dwelling unit is allowed per legal
lot.
B.
Floor
Area. An accessory dwelling unit shall not exceed 800 square feet
of floor area, or 40 percent of the primary dwelling unit's floor
area, whichever is smaller. The unit may be a detached cottage, a
unit attached to a dwelling, or in a portion of an existing dwelling.
The floor area of any garage associated with the primary dwelling
is not included in the calculation of maximum floor area.
C.
Building
Design. The accessory dwelling shall comply with applicable Oregon
Structural Specialty Code requirements.
D.
Building
Height. The height of an accessory dwelling shall not exceed the height
of the primary dwelling.
(Ord. 2017-08 §1)
Bed and breakfast inns, where allowed, are subject to review and approval through a Type II procedure, pursuant to Section 17-4.1.030, and shall conform to all of the following standards:
A.
Accessory
Use. The use must be accessory to a permitted residential use.
B.
Maximum
Size. A maximum of six bedrooms for guests, and a maximum of 12 guests
are permitted per night.
C.
Length
of Stay. The maximum length of stay is 28 days per guest; any stay
longer is classified as a hotel or commercial lodging use.
D.
Employees.
The inn shall have not more than two non-resident employees on-site
at any one time. There is no limit on residential employees.
E.
Food
Service. Food service shall be provided only to overnight guests of
the business, except where a restaurant use is also an allowed use.
F.
Screening and Buffering. The City may require a landscape hedge or fence be installed on the property line separating a detached accessory dwelling from an abutting single-family dwelling for the purposes of visual screening and privacy between uses. Screening and buffering shall conform to the standards of Chapter 17-3.4.
(Ord. 2017-08 §1)
Telecommunication facilities are to:
Protect the health and safety of citizens from adverse affects
from radio frequency emissions;
Preserve the quality of living in residential areas which are
in close proximity to telecommunications facilities and systems;
Preserve the opportunity for continued growth and service from
the telecommunications industry.
A.
Development
Standards. The following development standards apply to telecommunication
facilities:
1.
Support. Support towers shall be self-supporting.
2.
Height Limitation. Support tower and antenna heights shall not exceed
the maximum heights provided below.
a.
If the property is zoned M-1 or M-2, and no adjacent parcel is zoned
residential, the maximum height of a support tower, including antennas,
is 120 feet.
b.
If the property is zoned M-1 or M-2, and an adjacent parcel is zoned
residential, the maximum height of a support tower, including antennas,
is 100 feet.
c.
For all other zoning districts, the maximum height of a support tower,
including antennas, is 75 feet.
3.
Co-Location. New support towers shall be designed to accommodate
co-location of additional providers.
a.
New support towers of a height greater than 75 feet shall be designed
to accommodate co-location of a minimum of two additional providers
either outright or through future modification of the tower.
b.
New support towers of a height between 60 feet and 75 feet shall
be designed to accommodate co-location of a minimum of one additional
provider either outright or through future modification of the tower.
c.
The applicant shall provide a signed statement to the City, stating
that the applicant shall allow co-location with other users, provided
that all reasonable safety, structural, technical and monetary requirements
are met. This agreement shall also state that any future owners or
operators of this site shall be required, as a condition of a sale
or transfer, to allow such co-location on the tower, and to provide
the City with such a co-location statement.
4.
Setbacks. For support towers, auxiliary support equipment, and perimeter
fencing shall be measured from property lines, not the lease area.
The base of a tower must be set back from property lines at a distance
equal to or greater than the height of the tower.
5.
Auxiliary Support Equipment. The following standards shall be required:
a.
If the property is zoned C-1, C-2, M-1, or M-2, the auxiliary support
equipment footprint shall not exceed an area of 340 square feet and
15 feet in height at the peak.
b.
In all other zoning districts, the auxiliary support equipment shall
be located in an underground vault to the maximum extent practicable.
c.
Only one auxiliary accessory cabinet shall be allowed per service
provider located on a support structure.
6.
Landscaping. In all zoning districts, existing vegetation shall be
preserved to the maximum extent practicable. Screening of a site is
mandatory.
a.
If the property is zoned M-1 or M-2, and no adjacent parcel is zoned
residential, landscaping shall not be required if water quality issues
are addressed and appropriate screening around the facility is proposed;
b.
Landscaping shall be placed completely around the perimeter of the
telecommunications facility, except as required to gain access. The
minimum planting height shall be a minimum of six feet at the time
of planting, densely placed so as to screen the facility. The landscaping
shall be compatible with vegetation in the surrounding area, and shall
be kept healthy and well maintained as long as the facility is in
operation. Failure to maintain the site will be grounds to revoke
the ability to operate the facility.
7.
Noise Reduction. Noise generating equipment shall be baffled to reduce
sound level measured at the property line to the following levels
except during short durations for testing and operation of generators
in emergency situations:
8.
Lighting.
a.
Unless required by the Federal Aviation Administration or the Oregon
Department of Aviation, artificial lighting of telecommunication towers
and antennas shall be prohibited.
b.
Strobe lighting is prohibited unless required by the Federal Aviation
Administration. Security lighting for equipment shelters or cabinets
and other on-the-ground auxiliary equipment shall be initiated by
motion detecting lighting. The lighting shall be the minimum necessary
to secure the site, shall not cause illumination on adjacent properties
in excess of a measurement of 0.5 foot candles at the property line,
and shall be shielded to keep direct light within the site boundaries.
9.
Color. Unless otherwise required by the Federal Aviation Administration,
all support towers and antennas shall have a non-glare finish and
blend with the natural background.
10.
Signage. Support towers and antenna(s) shall not be used for signage,
symbols, flags, banners, or other devices or objects attached to or
painted on any portion of a telecommunication facility.
11.
Access Drives.
a.
On a site with an existing use, access shall be achieved through
use of the existing drives to the greatest extent practicable. If
adequate intersection sight distance is unavailable at the existing
access intersection with a City street, an analysis of alternate access
sites shall be required.
b.
Sites shall be serviced by an access adequate to ensure fire protection
of the site.
c.
New access drives shall be paved a minimum of 20 feet deep from the
edge of the right-of-way using materials to be as pervious as practicable
to minimize stormwater runoff.
d.
New access drives shall be reviewed for adequate intersection sight
distances.
12.
The grouping of towers on a site, and the co-location of facilities
on a single tower, is required where technically feasible. The applicant
shall provide evidence to the City that such grouping or co-location
is not technically feasible before any new towers may be approved.
B.
Informing
the City. All service providers with facilities within the City shall
be required to report in writing to the Planning Official any changes
in the status of their operation.
1.
An annual written statement shall be filed with the Planning Official
no later than January 15th of each year verifying continued use of
each facility in the City's jurisdiction as well as continued compliance
with all state and federal agency regulations.
2.
The report shall include any of the following changes:
a.
Changes in or loss of Federal Communication Commission license from
the Federal Communication Commission to operate;
b.
Receipt of notice of failure to comply with the regulations of any
other authority over the business or facility;
c.
Change in ownership of the company that owns the telecommunication
facility or provides telecommunications services;
d.
Loss or termination of lease with the telecommunications facility
for a period of six months or longer.
C.
Exemptions.
The following are exempt from the requirements of this chapter:
1.
Two-way communication transmitters used on a temporary basis by "911"
emergency services, including fire, police, and ambulance service.
2.
Temporary telecommunication facilities of all types that are used
by a public agency solely for emergency communications in the event
of a disaster, emergency preparedness, or public health or safety
purposes.
3.
Telecommunications that were legally established prior to August
2002.
4.
Any maintenance or repair of previously approved telecommunication
facilities provided that such activity does not increase the height,
width, or mass of the facility.
5.
Dish antennas used for residential purposes.
6.
VHF and UHF receive-only television antennas provided they are 15
feet or less above the existing or proposed roof.
7.
Amateur radio operator antennas located on a licensed amateur radio
operator's property.
D.
Removal
of Discontinued Service. Any telecommunications facility that has
not provided service for six months may, at the Planning Official's
discretion, be deemed a nuisance and shall be subject to removal under
the nuisance abatement provisions of this Code.
E.
Fees.
Notwithstanding any other provisions of this Code, the Planning Official
may require, as part of the application fees for land use permits,
an amount sufficient to recover all of the City's costs in retaining
consultants to verify statements made in conjunction with the permit
application, to the extent that verification requires telecommunication
experts.
(Ord. 2017-08 §1)
Where allowed, small-scale wineries, breweries, or distilleries
are permitted provided all of the following are met:
A.
Primary
Use. The primary use on-site is winery, brewery, or distillery.
B.
Floor
Area for Retail Sales, Eating, and Drinking. The floor area devoted
to retail sales, eating and drinking, and similar customer uses is
at least 20 percent of the total floor area.
C.
Floor
Area for Production and Storage. The floor area devoted to production,
storage, and related uses does not exceed 5,000 square feet.
(Ord. 2017-08 §1)
A.
Applicability.
The following standards apply where medical and recreational marijuana
dispensaries are allowed in commercial zones. In addition to the standards
below; Section 17-4.1 General Review Procedures apply.
B.
Standards.
1.
Must be located on real property adjacent to, or with legal access
through property adjacent to: (a) the public right-of-way on W. Main
St. between OR HWY 213 and Industrial Way; (b) the public right-of-way
on OR 213 between Toliver Rd. and City boundary furthest to the south;
(c) the public right-of-way on Molalla Ave. between Heintz St. and
S. 3rd St.; or (d) the public right-of-way on W. Main St. (OR HWY
211) between Molalla Ave. and Hart St. Furthermore, location shall
not be within 1,000 feet of the real property comprising another medical
or recreational marijuana dispensary.
2.
In addition, any and all medical and recreational marijuana dispensaries
must be registered respectively with the Oregon Health Authority under
ORD 475.314 and comply with all OHA rules and the Oregon Liquor Control
Commission and comply with all OLCC rules.
3.
Must adhere to the Marijuana District Map Overlay.
|
Figure 1. Marijuana District Map Overlay
 |
(Ord. 2018-13 §2)
A.
Applicability.
The following standards apply where medical marijuana producers, marijuana
producers, marijuana processors and marijuana wholesalers are allowed
in industrial zones. In addition to the standards below; Section 17-4.1
General Review Procedures apply.
B.
Standards.
1.
Must be located on real property west of Molalla Forest Rd. All medical
marijuana producers, marijuana producers, marijuana processors and
marijuana wholesalers must be registered with the Oregon Health Authority
or the Oregon Liquor Control Commission, as applicable, and comply
with all applicable OHA and OLCC rules.
2.
Use not allowed in the Employment Zone.
3.
Must adhere to the Marijuana District Map Overlay in Section 17-2.3.200.
(Ord. 2018-13 §2)
A.
Applicability.
No mobile food unit may operate within the city limits of Molalla
except as permitted in this chapter, or as authorized by an event
permit issued by the City of Molalla.
B.
General
Requirements. The following standards apply to all mobile food units
operating within the City of Molalla, except as authorized by an event
permit issued by the City of Molalla.
1.
Mobile food units shall be permitted as an accessory use in all zones
in which they are "Permitted Subject to Special Use Standards (S)."
2.
Mobile food units shall primarily sell food items.
3.
Mobile food units may not sell, offer, provide or in any way transfer
cannabis in any form.
4.
Mobile food units are subject to inspection by City of Molalla Code
Enforcement and Molalla Fire District personnel on official business.
5.
All mobile food units must have a valid Clackamas County mobile food
unit license.
6.
All mobile food units must have a valid City of Molalla business
license.
7.
Mobile food units shall maintain continuous compliance with applicable
federal, state, county, and city standards.
8.
Discharge or leakage draining into the stormwater or wastewater system
is prohibited. Wastewater shall not be dumped or spilled onto or into
the ground, streets, stormwater, or wastewater systems. All liquid
waste from the waste tank or from cleaning activities shall be captured
and properly disposed of.
9.
All permanent utility lines shall be placed underground. Temporary
utilities, lines and tanks shall be placed underground or otherwise
screened, covered, or hidden from view from the right-of-way as to
minimize visual impacts and prevent unsafe conditions.
10.
Power connections may not be connected by overhead wires to the individual
mobile food units.
11.
Additional impervious surfaces must comply with stormwater and grading
design standards.
12.
Mobile food units, equipment, customer service areas, or any other
associated object may not be located within the public right-of-way.
13.
Mobile food unit owners are responsible for maintaining the mobile
food unit in a neat and clean condition, including, but not limited
to: an exterior that is clean and free from rust, peeling paint, and
visibly worn or broken exterior equipment (including accessory equipment)
and any other defect that reasonably detracts from the public's aesthetic
appreciation of the unit or accessories thereto.
14.
Mobile food unit owners and property owners are responsible for maintaining
the property upon which a mobile food unit operates in a neat and
clean condition, including, but not limited to: free from trash, waste,
broken or visibly worn equipment and furnishings, or any other defect
that reasonably detracts from the public's aesthetic appreciation
of the site.
15.
Mobile food units must be self-contained and connect to individual
wastewater and potable water holding tanks at all times, except as
authorized in this chapter for a mobile food unit pod.
C.
Design
and Operation Standards.
1.
Temporary Mobile Food Units. Mobile food units that operate on a
property for eight hours or less in a 24-hour period shall comply
with the following:
b.
Site Standards.
(1)
Limited to three food units on a property at any one time; and
(2)
Must be accessory to a primary use; and
(3)
Temporary tables, chairs, lighting, and shelter may be provided
during temporary mobile food unit operations but must be removed or
appropriately stored out of site upon cessation of mobile food unit
operations each day; and
(4)
Maintain minimum number of parking stalls and minimum drive
aisle widths and parking lot requirements, and
i.
Nonconforming parking lots may be utilized, but the TMFU may
not cause an increase in nonconformity; and
(5)
Vehicle and pedestrian circulation and parking areas must be
compact gravel, asphalt, concrete, or other hard material as approved
by the Public Works Director; and
(6)
Placement may not result in a reduction of landscaping to less
than the minimum site requirement.
2.
Single or Double Permanent Mobile Food Units. Mobile food units that
operate on a property that is approved for two or less permanent mobile
food units, for more than eight hours in a 24-hour period shall comply
with the following:
b.
Site Standards.
(1)
Limited to two permanent and on temporary food unit on the property
at any one time; and
(2)
Maintain the minimum number of parking stalls, and minimum drive
aisle widths and parking lot requirements, and
i.
Nonconforming parking lots may be utilized, but the MFU may
not cause an increase in nonconformity; and
(3)
Vehicle and pedestrian circulation and parking areas must be
compact gravel, asphalt, concrete, or other hard material as approved
by the Public Works Director; and
(4)
Placement may not result in a reduction of landscaping to less
than the minimum site requirement; and
(5)
Must supply at least one public on-site restroom facility, this
may be portable, part of an existing building on-site, or constructed
in accordance with the State of Oregon Building Code; and
(6)
Where frontage improvements would be triggered by development,
the applicant may record a city approved non-remonstrance agreement
in lieu of improvements; and
(7)
Where insufficient right-of-way exists on a street abutting
the property, dedication in accordance with the City of Molalla Transportation
System Plan will be required.
c.
Unit and Accessory Standards.
(1)
Fully screen from view any portable toilet, mechanical or power
generating equipment that is separated from the mobile food unit,
with vegetation or screening at a height equal to or greater than
the height of the unit, subject to Planning Official approval; and
(2)
Comply with the applicable standards of the zone in which the
property lies; and
(3)
Must not inhibit emergency vehicle ingress and egress to the
site.
3.
Mobile Food Unit Pods. A site that is approved for three or more
food units to operates on the property for more than eight hours in
a 24-hour period shall comply with the following:
a.
Site, Unit, and Accessory Standards.
(1)
Except as outlined in this ordinance, all mobile food unit pods
shall comply with the applicable provisions of MMC Title 17 for commercial
activities classified as retail sales and commercial services.
(2)
Shall be fully enclosed by a fence, wall, exterior building
wall, or combination thereof.
i.
Notwithstanding MMC Section 17-3.4.040, the design and dimensions of fences or walls used to satisfy the requirement of this section are subject to approval by the Planning Official.
ii.
The Planning Official shall base their approval of a proposed wall or fence on a balance of the Community Design Standards in MMC Section 17-3.4.040, the location of the parcel and surrounding uses, and the aesthetics of the proposal.
(3)
Must supply at least one public on-site restroom facility for
every two mobile food units, these may be portable, part of an existing
building on site, or constructed in accordance with the State of Oregon
Building Code.
(4)
A pod may choose to connect to city water, city sewer, or a
combination thereof, but the entire pod must be uniform in this election.
(5)
A pod must connect to a permanent power supply, generators are
prohibited unless for emergency use.
D.
Process.
1.
Temporary mobile food units are subject to Type I Site Plan and Design
Review for each property upon which they operate.
2.
Single or double mobile food units that are accessory to a primary
use are subject to Type I Site Plan and Design Review.
E.
Fees.
Fees will be set by resolution of the City Council from time to time.
F.
Enforcement and Penalties. Violations of this section are subject to the enforcement and penalty provisions of MMC Title 17.
G.
Severability.
In the event any provisions of this section shall be held invalid
or unenforceable by any court of competent jurisdiction, such holding
shall not invalidate or render unenforceable any other provision.
(Ord. 2020-09 §1; Ord. 2020-10 §1; Ord.
2021-05 §1)
