This division shall be known as the zoning code of the City of Brownsville.
(1981 Compilation § 8-5:1.010; Ord. 504 § 1.010, 1980)
The text and zoning map of this division constitute the zoning regulations for the incorporated area of the City of Brownsville and are adopted to protect and promote the public health, safety and welfare, to assist in carrying out the City of Brownsville Comprehensive Plan, and to assist in implementing statewide land use planning goals as adopted by the State of Oregon Land Conservation and Development Commission.
(1981 Compilation § 8-5:1.020; Ord. 504 § 1.020, 1980)
As used in this division, the masculine includes the feminine and neuter, and the singular includes the plural. The following words and phrases, unless the context otherwise requires, shall mean:
means "contiguous to": for example, two lots with a common property line. "Abut" does not apply to buildings, uses or property separated by public rights-of-way, railroads, rivers or similar features.
means a structure or use incidental and subordinate to the main use of the property and which is located on the same lot with the main use.
means an application obtained from the City to place a structure that is incidental or subordinate to the primary use of the property.
means an unobstructed way of specified width containing a drive or roadway which provides vehicular access within a manufactured dwelling park and connects to a public street.
means aggregate, including gravel, sand, soil, and quarry rock, aggregate rock, minerals, and fossil fuels which are now in the ground and which can be economically removed, now or in the future.
means a street which affords only a secondary means of access to property.
means a street intended to carry traffic to and from major traffic generators; to carry traffic to and from major residential sections of the community; to carry traffic to and from major outlying rural areas; to supplement the state highway system to be used primarily for through traffic; and to provide for longer trips at higher traffic volume than other elements of the local street system.
means any stationary structure used in conjunction with a mobile home other than a window awning, for the purpose of providing shelter from the sun and rain and having a roof with supports and not more than one wall or storage cabinet substituting for a wall.
means an area of natural or planted vegetation which is dense enough to screen a particular use from view and to lower noise and air pollution levels.
means a structure built for the support, shelter or enclosure of persons, animals or property of any kind.
means the City of Brownsville, Oregon.
means a street intended to carry traffic between minor streets and the arterial system, to function as a primary traffic carrier within a neighborhood and to provide for intermediate trip lengths with moderate to low traffic volumes.
means the Planning Commission of the City of Brownsville.
means an application obtained from the City to construct a primary structure.
means a building, drilling or mining operation, a material change in the use or appearance of a structure or land, a division of land into two or more parcels, including partitions or subdivisions, and creation or termination of a right of access.
means a building containing two dwelling units.
means a building containing three or more dwelling units.
means a detached building containing one dwelling unit.
means one or more rooms designed for occupancy by a family and not having more than one cooking facility.
means an individual or two or more persons related by blood, marriage, adoption or legal guardianship living together in a dwelling unit in which meals or lodging may also be provided for not more than four additional persons, excluding servants; or a group of less than five persons, excluding servants, who need not be related by blood, marriage, adoption or legal guardianship, living together in a dwelling unit.
means an application obtained from the City to place a fence on private property.
means a continuous fence, wall, planting or combination thereof, arranged so as to effectively screen a particular use from view.
means the average of the finished ground level at the center of all walls of the building. In case a wall is parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk.
means the vertical distance from the "grade" to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or the average height of the highest gable of a pitch or hip roof.
means a committee established by the City of Brownsville to review and regulate all development in the "Old Town" commercial zone with respect to the historic significance of the area.
A "home occupation" may serve as the basis or headquarters of any operation, profession, occupation or business which takes place at any location, or uses or employs no more than two persons other than the members of the family. A home occupation is a lawful activity commonly carried on within a building upon residential premises by members of the family occupying the dwelling and provided the residential character of the building is maintained and does not infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their homes.
means a building in which lodging is provided for guests for compensation and in which no provision is made for cooking in the room.
means that portion of a lot which is covered by structures and by asphaltic or concrete surfacing.
means establishments primarily engaged in the on-site production of goods by hand manufacturing, which involves only the use of hand tools or light mechanical equipment, and the incidental direct sale to consumers of only those goods produced on-site with no outside storage permitted, and provided a permit is not required from the Oregon Department of Environmental Quality. Typical uses include ceramic studios, food processing, wood working, custom jewelry manufacturers, or instruction studios for similar arts and crafts.
means an off-street space within a building or on the same lot with a building for the temporary parking of a commercial vehicle or truck while loading or unloading merchandise or material and which space has access to a street.
means a street intended to provide access to abutting properties and which provides for short trip length with very low traffic volume.
means a parcel or tract of land which is occupied or may be occupied by a structure, together with yards and other open spaces.
means the total horizontal area within the lot lines of a lot, usually referred to in square feet.
means a lot, two adjacent sides of which abut streets other than alleys, provided the angles of intersection of the adjacent streets does not exceed 135 degrees.
means a lot other than a corner lot.
"Lot line, front"
means, in the case of an interior lot, the lot line separating the lot from the street other than an alley and, in the case of a corner lot, the shortest lot line along a street other than an alley.
"Lot line, rear"
means a lot line which is opposite and most distant from the front lot line and, in the case of an irregular, triangular, or other-shaped lot, a line 10 feet in length within the lot, parallel to and at a maximum distance from the lot line (front).
"Lot line, side"
means any lot line not a front or rear lot line.
means the horizontal distance between the side lot lines, ordinarily measured parallel to the front lot line.
A "manufactured dwelling"a. b. c. i. ii.
means:
Residential Trailer.
A structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed before January 1, 1962.
Mobile Home.
A structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed between January 1, 1962, and June 15, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction.
Manufactured Home.
A structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed in accordance with federal manufactured housing construction and safety standards regulations in effect at the time of construction.
A structure with a Department of Housing and Urban Development (HUD) label certifying that the structure is constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 as those standards are or may be amended.
means any place where four or more manufactured dwellings are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent or lease space or keep space for rent or lease to any person for a charge or fee paid or to be paid for the rental or lease or use of facilities or to offer space free in connection with securing the trade or patronage of such person. "Manufactured dwelling park" does not include a lot or lots located within a subdivision being rented or leased for occupancy by no more than one manufactured dwelling per lot if the subdivision was approved by the local government unit having jurisdiction under an ordinance adopted pursuant to ORS 92.010 through 92.190.
means any place where four or more manufactured homes are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent or lease space or keep space for rent or lease to any person for a charge or fee paid or to be paid for the rental or lease or use of facilities or to offer space free in connection with securing the trade or patronage of such person. "Manufactured home park" does not include a lot or lots located within a subdivision being rented or leased for occupancy by no more than one manufactured dwelling per lot if the subdivision was approved by the local government unit having jurisdiction under an ordinance adopted pursuant to ORS 92.010 through 92.190.
means a building or group of buildings on the same lot containing guest units with separate entrances from the building exterior or enclosed hallway and consisting of individual sleeping quarters, detached or in connected rows, for renters or transients.
means three or more dwelling units in a single structure.
means a lawful existing structure or lot at the time the ordinance codified in this division or any amendment thereto becomes effective which does not conform to the dimensional requirements of the zone in which it is located.
means a lawful existing use at the time the ordinance codified in this division or any amendment thereto becomes effective which does not conform to the use requirements of the zone in which it is located.
means an off-street enclosed or unenclosed surfaced area not less than 20 feet long and eight and one-half feet wide, together with maneuvering and access space required for a standard automobile to park, permanently reserved for the temporary parking of one automobile and connected with a street by a surface driveway which affords ingress and egress for automobiles.
means every natural person, firm, partnership, association or corporation.
means a stationary structure having a roof extending over a mobile home which may also extend over a patio or parking space for motor vehicles, and is used principally for protection from sun and rain.
means a vehicle with or without motive power which is designed for human occupancy and to be used temporarily for recreational, seasonal or emergency purposes, and has a gross floor area not exceeding 400 square feet in set-up mode and as further defined, by rule, by the Building Codes Agency.
means any lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent space, or keep space for rent, to any person for temporary, overnight parking and occupancy of recreational vehicles, for a charge or fee paid for the rental or use of such facilities or to offer space free in connection with securing the trade or patronage of such person.
means a residential care, residential training or residential treatment facility licensed or registered by or under the authority of the Department of Human Services, as defined in ORS 443.400, under ORS 443.400 through 443.460 or licensed by the Children's Services Division under ORS 418.205 through 418.327 which provides residential care alone or in conjunction with treatment or training or a combination thereof for six to 15 individuals who need not be related. Staff persons required to meet licensing requirements shall not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential facility.
means a residential treatment, training or adult foster home licensed by or under the authority of the Department of Human Services, as defined in ORS 443.400, under ORS 443.400 through 443.825, a residential facility registered under ORS 443.480 through 443.500 or an adult foster home licensed under ORS 443.705 through 443.825 which provides residential care alone or in conjunction with treatment or training or a combination thereof for five or fewer individuals who need not be related. Staff persons required to meet licensing requirements shall not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential home.
means a fence, wall, berm, hedge, tree row, or other dense structure intended to perform a buffering effect in a limited space.
means that portion of a building included between the upper surface of any floor and upper surface of the floor next above (the top story shall be that portion of a building included between the upper surface of the top floor and the ceiling above). If the finished floor level directly above a basement or cellar is more than six feet above grade, such basement or cellar shall be considered a story.
means a public or private way that is created to provide ingress or egress for persons to one or more lots, parcels, areas, or tracts of land and including the terms "road," "highway," "avenue," or similar designations.
means any change to the supporting member of a building, including foundations, bearing walls, or partitions, columns, beams or girders, or any structural change in the roof.
means that which is built or constructed. An edifice or building of any kind or any place of work artificially built up or composed of parts joined together in some manner, and which requires location on the ground or which is attached to something having location on the ground.
means remodeling, repair, replacement, addition or construction to a site, use or structure which, in sum, costs more than 10 percent of the value of the site, use or structure.
means the purpose for which land or a structure is designed, arranged or intended, or for which it is occupied or maintained.
means the area near intersections of rights-of-way, curb cuts and other roadway entry points where a clear field of vision is necessary for traffic safety. Vision clearance shall be determined by the City Administrator or designee using City standards, State or Federal traffic guidelines. The City Engineer may be used for vision clearance review at the property owner's and/or applicant's expense.
means an open space on a lot which is unobstructed from the ground upward except as otherwise provided in this division.
"Yard, front"
means an open space between side lot lines and measured horizontally from the front lot line at right angles to the nearest point of the building.
"Yard, rear"
means an open space extending between side lot lines and measured horizontally at right angles from the rear lot line to the nearest point of a main building.
"Yard, side"
means a yard between a building and the side lot line, measured horizontally at right angles to the nearest point of the building.
(1981 Compilation § 8-5:1.030; Ord. 504 § 1.030, 1980; Ord. 615 § 1, 1992; Ord. 616 § 1, 1993; Ord. 618 § 1, 1993; Ord. 748 §§ 4, 5, 2015)
No structure or lot shall hereafter be used or occupied and no structure or part thereof shall be erected, moved, reconstructed, extended, enlarged or altered, or any type of development permitted contrary to the provisions of this division, with the exception that such structures existing at the time of adoption of the ordinance codified in this division shall not be affected so long as the present use continues without interruption or substantial alteration.
(1981 Compilation § 8-5:1.040; Ord. 504 § 1.040, 1980)
A.
Except as provided in subsection (D) of this section, whenever an applicant requests more than one approval and more than one approval authority is required to decide the applications, the proceedings shall be consolidated so that one approval authority shall decide all applications in one proceeding.
B.
In such cases provided by subsection (A) of this section, the hearings shall be held by the approval authority having original jurisdiction over one of the applications in the following order of preference: the Council, the Commission, or the City Administrator.
C.
Plan map amendments are not subject to the 120-day decision-making period prescribed by state law and such amendments may involve complex issues; therefore, the City shall not be required to consolidate a plan map amendment and a zone change or other permit applications requested unless the applicant requests the proceedings to be consolidated and signs a waiver of the 120-day time limit prescribed by state law for zone change and permit applicants.
(1981 Compilation § 8-5:1.050; Ord. 504 § 1.050, 1980; Ord. 615 § 2, 1992)
A.
The City shall take final action on an application for a development permit or a zone change, including the resolution of all appeals within 120 days after the application is deemed complete, except:
(1981 Compilation § 8-5:1.060; Ord. 504 § 1.060, 1980; Ord. 615 § 2, 1992)
A.
Members of the approval authority shall not:
1.
Communicate, directly or indirectly, with any party or representative of a party in connection with any issue involved, except upon giving notice and opportunity for all parties to participate.
2.
Take notice of any communication, report, or other materials outside the record prepared by the proponents or opponents in connection with the particular case unless the parties are afforded an opportunity to contest the material so noticed.
B.
No decision or action of the Planning Commission or Council shall be invalid due to an ex parte contact, or bias resulting from an ex parte contact, with a member of the decision-making body, if the member of the decision-making body receiving the contact:
1.
Places on the record the substance of any written or oral ex parte communications concerning the decision or action.
2.
Makes a public announcement of the content of the communication and of the parties' right to rebut the substance of the communication made at the first hearing following the communication where action will be considered or taken on the subject to which the communication related.
C.
This section shall not apply to the decisions made by the City Administrator.
D.
A communication between the City staff and the Planning Commission or Council not relating to factual matters at issue in the hearing shall not be considered an ex parte contact.
(1981 Compilation § 8-5:1.070; Ord. 504 § 1.070, 1980; Ord. 615 § 2, 1992)