In order to carry out the purpose and the provisions of this division, the City is divided into zones designated as follows:
Zone
Abbreviated Designation
Low Density Residential
LDR
Medium Density Residential
MDR
High Density Residential
HDR
Old Town Commercial
OTC
Volume Commercial
VC
Light Industrial
LI
Heavy Industrial
HI
Special Development
SD
Public
P
(1981 Compilation § 8-5:2.010; Ord. 504 § 2.010, 1980)
The location and boundaries of the zones designated in BMC § 15.80.010 are hereby established as shown on the map entitled "Zoning Map of the City of Brownsville," dated with the effective date of the ordinance codified in this division, and signed by the Mayor and the City Administrator and hereafter referred to as the "zoning map." A zoning map or zoning map amendment shall be prepared by authority of the City Council and shall be dated with the effective date of the ordinance that adopts the map or the map amendment. The zoning map is hereby adopted by reference. Zone boundaries shall be modified in accordance with zoning map amendments, which shall be adopted by reference.
(1981 Compilation § 8-5:2.020; Ord. 504 § 2.020, 1980)
Areas annexed to the City shall be zoned either in accordance with the Comprehensive Plan or placed in a less intensive zone.
(1981 Compilation § 8-5:2.030; Ord. 504 § 2.030, 1980)
Unless otherwise specified, zone boundaries are lot lines or the center line of streets, alleys, railroad right-of-way, or such lines extended. Where a zone boundary divides a land parcel under a single ownership into two zones, then the entire parcel shall be zoned for the less restrictive use by the adjustment of the boundaries, provided the boundary adjustment is a distance of less than 20 feet. If the adjustment involves a distance of more than 20 feet, the procedure for a zone change shall be followed.
(1981 Compilation § 8-5:2.040; Ord. 504 § 2.040, 1980)
City of Brownsville Zoning Setback Chart
Zone
Front and Minimum Setbacks
Corner Lot (Street Side) Minimum Setbacks
Interior Lot (Total of Both Side Yards) Minimum Setbacks
Side Yard (Not on a Street) Minimum Setbacks
Rear Yard Minimum Setbacks
Garage/Carport Minimum Setback from the Street
Max. Bld. Height (I)
Max. Bld. Coverage/Impervious Surface
Primary Structures
Low Density Residential
20'
20'
15'
5'
15'
20'
35'
30%/40%
Medium Density Residential
15'
15'
15'
5'
15'
20'
35'
40%/55%
High Density Residential
10'
10'
15'
5'
5'
20'
35'
50%/80%
Old Town Commercial
Zero
Zero
Zero
Zero
Zero
Zero
n/a
n/a
Volume Commercial (II)
20'
20'
15'
5'
10'
n/a
35'
50%/90%
Light Industrial (II)
20'
20'
15'
5'
10'
45'
0%/80%
Heavy Industrial
20'
10'
15'
n/a
n/a
n/a
45'
0%/85%
Special Develop-ment (VI)
Public (III)
35'
50%/80%
Accessory Structures
Low Density Residential
5'
5'
22'
Medium Density Residential
5'
5'
18'
High Density Residential
5'
5'
18'
Public (III)
Volume Commercial (II)
22'
Notes:
I. Height of the principal building only.
II. Structures built along Highway 228 shall follow setback requirements as established by the Oregon Department of Transportation.
III. Yard requirements for the public zone may be determined on an individual basis, guided by the prevailing yard requirements in the immediate vicinity.
IV. An accessory structure or use shall comply with the setback requirements of the applicable zoning district, and shall not be closer to the street than the primary structure.
V. No accessory structure or use will be permitted on any lot without an established principal use.
VI. Setbacks in special development zones shall go through administrative review for determination.
NOTE: For minimum setbacks in a manufactured home park, please contact City Hall.
Vision Clearance Diagram:
(Ord. 748 § 7, 2015)
A. 
Uses Permitted Outright. In an LDR zone the following uses and their accessory uses are permitted outright:
1. 
Single-family dwelling;
2. 
Duplex;
3. 
Agriculture;
4. 
Residential home;
5. 
Residential facility.
B. 
Conditional Uses Permitted. In an LDR zone the following uses and their accessory uses may be permitted, subject to the provisions of Chapter 15.125 BMC:
1. 
Home occupation;
2. 
Church;
3. 
Government structure and land use with no equipment storage;
4. 
Hospital, sanitarium, rest home, home for the aged, nursing home, convalescent home, day care center, birthing center, or hospice;
5. 
Public or private school;
6. 
Utility substation or pumping station with no equipment storage.
C. 
Uses Permitted with Special Development Standards. The following uses are permitted in accordance with the provisions of Chapters 15.95 and 15.100 BMC:
1. 
Aggregate and mineral resource development.
2. 
Planned unit development.
3. 
Manufactured homes sited on individual lots.
4. 
Manufactured home park.
5. 
Occupancy of recreational vehicles.
D. 
Lot Size and Width. In the LDR zone the lot size shall be as follows:
1. 
The minimum lot area shall be 7,500 square feet for a single-family dwelling.
2. 
The minimum lot area shall be 12,000 square feet for a duplex.
3. 
The minimum lot width at the front building line shall be 70 feet for an interior lot and 70 feet for a corner lot.
E. 
Yard Requirements. In an LDR zone the yards shall be as follows:
1. 
The front yard shall be a minimum of 20 feet.
2. 
On corner lots, the side yard on the street side shall be not less than 20 feet.
3. 
On interior lots, the total of both side yards shall be a minimum of 15 feet.
4. 
Each side yard not on a street shall be a minimum of five feet.
5. 
The rear yard shall be a minimum of 15 feet.
6. 
The entrance to a garage or carport, whether or not attached to a dwelling, shall be set back at least 20 feet from the street except an alley.
F. 
Height of Buildings. In an LDR zone no principal building shall exceed a height of 35 feet. No accessory building shall exceed a height of 22 feet.
G. 
Lot Coverage. In an LDR zone buildings shall not occupy more than 30 percent of the lot area. Total impervious surface shall not exceed 40 percent of the lot area.
H. 
The supplementary use provisions as outlined in Chapters 15.85 and 15.115 BMC shall apply.
(1981 Compilation § 8-5:3.010; Ord. 504 § 3.010, 1980; Ord. 567A § 1, 1987; Ord. 615 § 3, 1992; Ord. 618 § 2, 1993)
A. 
Uses Permitted Outright. In an MDR zone the following uses and their accessory uses are permitted outright:
1. 
Single-family dwelling.
2. 
Duplex.
3. 
Multiple-family dwelling, not to exceed four dwelling units in one structure.
4. 
Agriculture.
5. 
Residential home.
6. 
Residential facility.
B. 
Conditional Uses Permitted. In an MDR zone the following uses and their accessory uses may be permitted, subject to the provisions of Chapter 15.125 BMC:
1. 
Home occupation;
2. 
Church;
3. 
Government structure and land use with no equipment storage;
4. 
Hospital, sanitarium, rest home, home for the aged, nursing home, convalescent home, day care center, birthing center, or hospice;
5. 
Public or private school;
6. 
Utility substation or pumping station with no equipment storage;
C. 
Uses Permitted with Special Development Standards. The following uses are permitted in accordance with the provisions of Chapters 15.95 and 15.100 BMC:
1. 
Aggregate and mineral resource development;
2. 
Planned unit development;
3. 
Manufactured homes sited on individual lots;
4. 
Manufactured home park;
5. 
Occupancy of recreational vehicles.
D. 
Lot Size and Width. In the MDR zone the lot size shall be as follows:
1. 
The minimum lot area shall be 6,500 square feet for a single-family dwelling.
2. 
The minimum lot area shall be 8,000 square feet for a duplex.
3. 
The minimum lot area shall be 9,500 square feet for a triplex.
4. 
The minimum lot area shall be 12,000 square feet for a four-plex.
5. 
The minimum lot width at the front building line shall be 65 feet for an interior lot and 70 feet for a corner lot.
E. 
Yard Requirements. In an MDR zone the yards shall be as follows:
1. 
The front yard shall be a minimum of 15 feet.
2. 
On corner lots, the side yard on the street side shall be not less than 15 feet.
3. 
On interior lots, the total of both side yards shall be a minimum of 15 feet.
4. 
Each side yard not on a street shall be a minimum of five feet.
5. 
The rear yard shall be a minimum of 15 feet.
6. 
The entrance to a garage or carport, whether or not attached to a dwelling, shall be set back at least 20 feet from the street except an alley.
F. 
Height of Buildings. In an MDR zone no principal building shall exceed a height of 35 feet. No accessory building shall exceed a height of 18 feet.
G. 
Lot Coverage. In a MDR zone buildings shall not occupy more than 40 percent of the lot area. Total impervious surface shall not exceed 55 percent of the lot area.
H. 
The supplementary use provisions as outlined in Chapter 15.85 and 15.115 BMC shall apply.
(1981 Compilation § 8-5:3.020; Ord. 504 § 3.020, 1980; Ord. 567A § 2, 1987; Ord. 615 § 3, 1992; Ord. 618 § 3, 1993)
A. 
Uses Permitted Outright. In an HDR zone the following uses and their accessory uses are permitted outright:
1. 
Single-family dwelling.
2. 
Duplex.
3. 
Multiple-family dwelling.
4. 
Agriculture.
5. 
Residential home.
6. 
Residential facility.
B. 
Conditional Uses Permitted. In an HDR zone the following uses and their accessory uses may be permitted, subject to the provisions of Chapter 15.125 BMC:
1. 
Home occupation.
2. 
Church.
3. 
Government structure and land use with no equipment storage.
4. 
Hospital, sanitarium, rest home, home for the aged, nursing home, convalescent home, day care center, birthing center, or hospice.
5. 
Public or private school.
6. 
Utility substation or pumping station with no equipment storage.
C. 
Uses Permitted with Special Development Standards. The following uses are permitted in accordance with the provisions of Chapters 15.95 and 15.100 BMC:
1. 
Aggregate and mineral resource development.
2. 
Planned unit development.
3. 
Manufactured homes sited on individual lots.
4. 
Occupancy of recreational vehicles.
D. 
Lot Size and Width. In the HDR zone the lot size shall be as follows:
1. 
The minimum lot area shall be 5,000 square feet for a single-family dwelling.
2. 
The minimum lot area for attached residential units shall be an additional 1,500 square feet for each additional unit, up to four units.
3. 
For multifamily dwellings of five or more units the minimum lot area shall be 2,000 square feet per unit.
4. 
The minimum lot width at the front building line shall be 50 feet for an interior lot and 50 feet for a corner lot.
E. 
Yard Requirements. In an HDR zone the yards shall be as follows:
1. 
The front yard shall be a minimum of 10 feet.
2. 
On corner lots, the side yard on the street side shall be not less than 10 feet.
3. 
On interior lots, the total of both side yards shall be a minimum of 15 feet.
4. 
Each side yard not on a street shall be a minimum of five feet.
5. 
The rear yard shall be a minimum of five feet.
6. 
The entrance to a garage or carport, whether or not attached to a dwelling, shall be set back at least 20 feet from the street except an alley.
F. 
Height of Buildings. In an HDR zone no principal building shall exceed a height of 35 feet. No accessory building shall exceed a height of 18 feet.
G. 
Lot Coverage. In an HDR zone buildings shall not occupy more than 50 percent of the lot area. Total impervious surface shall not exceed 80 percent of the lot area.
H. 
The supplementary use provisions as outlined in Chapter 15.85 and 15.115 BMC shall apply.
(1981 Compilation § 8-5:3.030; Ord. 504 § 3.030, 1980; Ord. 567A § 3, 1987; Ord. 615 § 3, 1992; Ord. 618 § 4, 1993)
A. 
Intent and Purpose. The OTC zone is a special commercial area with an historic motif. The purpose of the zone is to preserve and enhance the historic character, encourage business vitality and allow for moderate expansion of the small town core. The City shall review and regulate development with respect to compliance with the historic motif.
B. 
Description. The small town core is a compact, approximately five-block area adjacent to City Hall, the recreation center and park. It contains the City library, senior center, post office and Linn County Museum in addition to the commercial activity. It is the functional, historic and geographic town center. The town core contains commercial and residential buildings built between 1860 and the present. Approximately a dozen of these structures have intrinsic historic significance; while others have been altered to blend with Brownsville's historic period: 1860 to 1920.
C. 
Permitted Uses. Because public parking in the OTC zone is limited to one City lot and the street, uses appropriate in this zone are those that provide walk-in services and retail goods for the local resident or visitor and are limited more by size or scale than by kind. Consideration will also be given to the impact of traffic, noise and late night activities on surrounding residential areas by any proposed uses. Therefore, the following uses are permitted outright:
1. 
All commercial uses existing at the time of the adoption of the ordinance codified in this subsection, at their current levels of service and scope of business.
2. 
Commercial uses approved subject to sub-section (E) of this section, Administrative Review Procedures.
3. 
Residences that existed on or prior to the effective date of the ordinance codified in this division. These residences shall not be considered to be "nonconforming" and may be altered, remodeled, expanded or enlarged. Also, these residences may be reconstructed if unintentionally destroyed.
D. 
Conditional Uses Permitted. In the OTC zone, the following uses and their accessory uses may be permitted, subject to the provisions of Chapter 15.125 BMC:
1. 
Residences which are secondary to the primary commercial use of the property, including the use of second story space in commercial buildings for owner occupancy or residential rental purposes.
2. 
Changes from residential use to nonresidential use.
3. 
All new construction.
4. 
Uses referred to the Planning Commission upon administrative review per subsection (E) of this section.
E. 
Administrative Review Procedures. All proposals for changes in use or exterior alterations in the OTC shall be submitted to the City Administrator for review and approval based on the following criteria:
1. 
Any change of use or expansion of current use of an existing commercial structure shall be reviewed by the City Administrator to determine the appropriateness as a permitted use based on the intentions set forth in the OTC zone. The Administrator shall approve or deny the proposal or refer it to the Planning Commission for review as a conditional use.
2. 
Proposals for exterior alterations shall be reviewed by the City Administrator and approved only after finding that the following criteria have been met:
a. 
Any proposal requiring a building permit for exterior alterations to a structure in the OTC zone also listed as being "historically significant" on the Brownsville Historic Resources Inventory shall be reviewed as outlined in Chapter 2.35 BMC.
b. 
All exterior alterations shall be in the direction of preservation and/or restoration of the building's original form as ascertained from photographs and physical evidence. Those buildings that received a "Victorian facade" in the 1960s, per ordinances in effect at that time, may be preserved and/or restored to that form.
c. 
If restoration is not possible, alterations shall be compatible with the existing, historically intact buildings of the designated 1860 to 1920 "historic period." Removal or alteration of historic materials or distinctive architectural features shall be avoided when possible.
d. 
Horizontal additions shall provide that the bulk of the addition does not exceed that which was traditional for the building style and the addition maintains the traditional scale and proportion of the building style.
e. 
The relationship of windows to walls shall be visually compatible to the extent possible with the traditional architectural character of the historic motif.
f. 
Signs (regulated by Chapter 15.90 BMC), exterior lighting, and other appurtenances, such as walls, fences, awnings and landscaping, shall be visually compatible with the traditional architectural character of the zone.
g. 
The following alterations are exempt from review provided these actions meet the above standards:
i. 
Replacement of gutters and downspouts, or the addition of gutters and downspouts, using materials that match the appearance of those that were typically used on similar style buildings, or that blend inconspicuously with the building.
ii. 
Repairing, or providing a compatible new foundation that does not result in raising or lowering the building elevation.
iii. 
Replacement of building material, when required due to deterioration of material, with building material that matches the appearance of the original material.
iv. 
Repair and/or replacement of roof materials with the same kind of roof materials existing, or with materials which are in character with those of the original roof.
v. 
Application of storm windows made with wood, bronze, or flat finished anodized aluminum, or baked enamel frames which complement or match the color detail and proportions of the building. This also applies to the installation of solar equipment.
vi. 
Replacement of wood sashes with new wood sashes, or the addition of wood sashes when such is consistent with the original historic appearance.
If the City Administrator determines the proposed alterations do not meet the criteria, the request will be denied. Written findings as to the reason for denial will be provided. The applicant shall be encouraged to request guidance from the Historic Review Board, or another source knowledgeable in historic preservation, and resubmit the proposal. The City Administrator's decision may be appealed to the City Council. Proceeding with the proposed alterations prior to approval by the City constitutes a violation of this division.
F. 
Historic Review Board Review Procedures.
1. 
The Historic Review Board shall review all building and site plans for new construction and for conversion from residential to nonresidential use prior to the conditional use permit hearing before the Planning Commission. All new construction must be compatible with the historic motif of the zone, as established by the HRB. The applicant shall submit three copies of all plans to the City Administrator 45 days prior to the date scheduled for the Planning Commission hearing. The HRB shall review the plans and make a written recommendation to the City Administrator within three weeks of receipt. The City Administrator shall include the HRB recommendation in the staff report for the public hearing to be considered along with other testimony and as part of the total evaluation.
2. 
Plans submitted for HRB review shall include but are not limited to:
a. 
Exterior building elevations.
b. 
Pallet of materials proposed to be used on the exterior.
c. 
Landscaping plan.
d. 
Parking and pedestrian circulation plan.
e. 
Exterior lighting and signing proposed.
f. 
Other materials necessary to fully describe the project.
G. 
The supplementary use provisions as outlined in Chapter 15.85 and 15.115 BMC shall apply.
(1981 Compilation § 8-5:3.110; Ord. 618 § 5, 1993)
A. 
Intent. The intent of the VC zone is to provide a location for retail businesses which potentially generate a high volume of traffic.
1. 
Uses Permitted Outright. In a VC zone the following uses and their accessory uses are typical of those permitted outright:
a. 
Auto laundries, washing and polishing.
b. 
Auto sales, repair and rental.
c. 
Auto-oriented retail and commercial.
d. 
Bowling alley.
e. 
Bus depot.
f. 
Department store.
g. 
Drive-in commercial enterprises.
h. 
Drive-in bank or financial center.
i. 
Garden supply store.
j. 
Grocery store.
k. 
Hardware store.
l. 
Laundry or clothes cleaning agency, excluding dyeing.
m. 
Laundry, self-service.
n. 
Lumber yard or building materials sales yard, retail only.
o. 
Machinery, farm equipment, or implement sales, service.
p. 
Motel, motor lodge.
q. 
Motorcycle sales, service, repair.
r. 
Eating or drinking establishment.
s. 
Rental agency, retail.
t. 
Service station.
u. 
Tire shop.
v. 
Veterinarian's office or animal hospital.
w. 
Agriculture.
x. 
Single-family dwellings that existed on or prior to the effective date of the ordinance codified in this division shall be allowed to be altered, remodeled, expanded or enlarged. Single-family dwellings may be reconstructed if unintentionally destroyed.
B. 
Conditional Uses Permitted. In a VC zone the following uses and their accessory uses may be permitted subject to the provisions of Chapter 15.125 BMC:
1. 
Birthing centers.
2. 
Parking garages.
3. 
Public, religious, fraternal, and charitable organizations (except schools).
4. 
Residential units which are secondary or accessory to a commercial use.
5. 
Skating rink.
6. 
Club or lodge hall.
7. 
Multiple-family dwellings of not less than four dwelling units per structure.
8. 
Mini-storage facility.
9. 
Recreational vehicle park, if located on a parcel of three acres or more.
10. 
Limited manufacturing.
11. 
Residential facility.
C. 
Uses Permitted with Special Development Standards. The following uses are permitted in accordance with the provisions of Chapters 15.95 and 15.100 BMC:
1. 
Aggregate and mineral resource development.
2. 
Planned unit development.
D. 
Lot Size and Width. In the VC zone the lot size shall be as follows:
1. 
The minimum lot area shall be 5,000 square feet, except corner lots, which shall be a minimum of 7,000 square feet.
2. 
The minimum lot width at the front building line shall be 50 feet for an interior lot and 70 feet for a corner lot.
E. 
Yard Requirements. In a VC zone the yards shall be as follows:
1. 
The front yard shall be a minimum of 20 feet.
2. 
The side yard on the street side shall be not less than 20 feet on corner lots.
3. 
On interior lots, the total of both side yards shall be a minimum of 15 feet.
4. 
Each side yard not on a street shall be a minimum of five feet.
5. 
The rear yard shall be a minimum of 10 feet.
6. 
Structures built along Highway 228 shall follow setback requirements as established by the State of Oregon Department of Transportation.
F. 
Height of Buildings. In a VC zone no principal building shall exceed a height of 35 feet or two stories, whichever is greater. No accessory building shall exceed a height of one story or 22 feet, whichever is less.
G. 
Lot Coverage. In a VC zone buildings shall not occupy more than 50 percent of the lot area. Total impervious surface will not exceed 90 percent of the lot area.
H. 
The supplementary use provisions as outlined in Chapters 15.85 and 15.115 BMC shall apply.
I. 
Clear-Vision Area. Development on the lot will be designed to provide a clear-vision area for vehicles exiting the lot. This clear-vision area will be formed by the intersection of the driveway center line, the street right-of-way line, and straight line joining said lines through points 20 feet from their intersection.
(1981 Compilation § 8-5:3.120; Ord. 504 § 3.120, 1980; Ord. 567A § 4, 1987; Ord. 616 § 1, 1993; Ord. 618 § 6, 1993)
A. 
Uses Permitted Outright. In an LI zone the following manufacturing uses and their accessory uses, including rental and sales, are typical of those permitted outright:
1. 
Appliance and motor vehicle painting when contained wholly within a building.
2. 
Agriculture.
3. 
Book binding and related activities.
4. 
Building materials, lumber yard.
5. 
Business office of a firm or operation permitted in the LI zone.
6. 
Carpentry shop.
7. 
Communications equipment manufacture.
8. 
Custom cabinet manufacture.
9. 
Dyeing and finishing textiles.
10. 
Electrical equipment manufacture.
11. 
Electronic component and accessories manufacture.
12. 
Engineering, laboratory, scientific, precision and research instruments and associated equipment.
13. 
Fabricated metal products.
14. 
Floor covering mills.
15. 
Footwear manufacture.
16. 
General hardware manufacture.
17. 
Greenhouses, nurseries.
18. 
Greeting cards.
19. 
Furniture manufacture.
20. 
Textile manufacture.
21. 
Laundry plants.
22. 
Luggage manufacture.
23. 
Parking lot or parking garage.
24. 
Paperboard container manufacture.
25. 
Office and store accessories manufacture.
26. 
Leather goods manufacture, except tannery.
27. 
Printing and publishing machines manufacture.
28. 
Radio and television manufacture.
29. 
Retail sales of products manufactured or produced on the premises.
30. 
Sign painting and carving.
31. 
Surgical, medical, dental, optical and pharmaceutical instruments and supplies.
32. 
Warehouses, mini-storage.
33. 
Watches, clocks, clockwork-operated devices and parts manufacture.
34. 
Wholesale firms.
35. 
Truck sales, rental and storage.
36. 
Marine pleasure craft sales, supplies and repair.
37. 
Mobile home and recreational vehicle sales.
38. 
Machinery, farm equipment or implement sales, service.
39. 
Single-family dwellings that existed on or prior to the effective date of the ordinance codified in this division shall be allowed to be altered, remodeled, expanded or enlarged. Single-family dwellings may be reconstructed if unintentionally destroyed.
B. 
Conditional Uses Permitted. In an LI zone the following uses and their accessory uses may be permitted subject to the provisions of Chapter 15.125 BMC:
1. 
Ambulance service.
2. 
Dwelling for owner or caretaker as secondary to an LI zone permitted use.
3. 
Fire station.
4. 
Church.
5. 
Government structure and land use.
6. 
Hospital, sanitarium, rest home, home for the aged, nursing home, convalescent home or hospice.
7. 
School.
8. 
Utility substation or pumping station with equipment storage.
9. 
Recreational vehicle park.
C. 
Uses Permitted with Special Development Standards. The following uses are permitted in accordance with the provisions of Chapters 15.95 and 15.100 BMC:
1. 
Aggregate and mineral resource development.
2. 
Planned unit development for industrial uses.
D. 
Yard Requirements. In an LI zone the yards shall be as follows:
1. 
The front yard shall be a minimum of 20 feet.
2. 
The side yard on the street side shall be not less than 20 feet on corner lots.
3. 
On interior lots, the total of both side yards shall be a minimum of 15 feet.
4. 
Each side yard not on a street shall be a minimum of five feet.
5. 
The rear yard shall be a minimum of 10 feet.
6. 
Structures built along Highway 228 shall follow State of Oregon Department of Transportation setback requirements.
E. 
Height of Buildings. In an LI zone, no principal building shall exceed a height of 45 feet.
F. 
Lot Coverage. In an LI zone, the total impervious surface will not exceed 80 percent of the lot area.
G. 
The supplementary use provisions as outlined in Chapters 15.85 and 15.115 BMC shall apply.
H. 
Sewage. Prior to the time a newly established use begins operation, adequate provision shall be made for the disposal of sewage and waste materials in accordance with the requirements of the City of Brownsville, the Linn County Health Department and the State Department of Environmental Quality, and any other public agency having appropriate regulatory jurisdiction.
I. 
Heat, Glare and Light. Except for exterior lighting, operations producing heat or glare shall be conducted entirely within an enclosed building and shall not be discernible at or beyond the property line. Exterior lighting shall be directed away from and not reflect onto adjacent properties or streets.
J. 
Vehicle Access. Access points to property from a street shall be located to minimize traffic congestion, and maximum effort shall be made to avoid directing traffic into residential areas. Before a street, other than an arterial, which is a boundary between a residential district and an LI zone, or a street which is within a residential zone, is used for any vehicular access to an LI zone, such use of those streets must first have been approved by the City Administrator.
Access roads and access points will be used to the maximum extent possible to serve the greatest number of uses. All access roads and driveways shall be surfaced according to City standards.
K. 
Environmental Quality Standards. All uses in an LI zone shall comply with standards adopted by the Department of Environmental Quality for air, land, water, and noise. Prior to approval of a conditional use application or building permit, evidence shall be submitted to the City indicating that the proposed use or activity has been approved by all appropriate regulatory agencies. Evidence shall be in the form of a letter or copy of a permit from the regulatory agency.
L. 
Open Storage Yards. All yard areas, exclusive of those required to be landscaped, may be used for materials and equipment storage yards or areas and may be used for the purposes permitted in the LI zone, provided such yard areas are enclosed with an ornamental sight-obscuring fence, wall or a hedge capable of attaining a height sufficient to screen the open area from any street or highway or from any residential area within two years.
M. 
Odors. The emission of odorous gases or matter in such quantities as to be readily detectable at any point beyond the property line of the use creating such odors is prohibited.
N. 
Health Hazards. All grounds shall be maintained in a manner which will not create a health hazard.
(1981 Compilation § 8-5:3.210; Ord. 504 § 3.210, 1980; Ord. 545 § 3, 1983; Ord. 567A § 5, 1987; Ord. 616 § 1, 1993)
A. 
Uses Permitted Outright. In an HI zone the following uses and their accessory uses are typical of those permitted outright:
1. 
Assembly, manufacture, or preparation of articles or merchandise from the following previously prepared types of materials: bone, canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, lacquer, leather, paper, plastic, precious or semi-precious metal or stones, shells, textiles, tobacco, wax, wire, yarn or paint not employing a boiling process.
2. 
Automobile, truck, trailer or marine pleasure craft construction.
3. 
Agriculture.
4. 
Bottling plant.
5. 
Cold storage plant.
6. 
Concrete batch plant.
7. 
Dwelling for caretaker or guard on property.
8. 
Electrical equipment assembly, sales, or repair, including the manufacture of small parts such as coils, condensers, transformers, and crystal holders.
9. 
Electrical, plumbing, heating, or paint contractor's storage, sales, repair, or service, contractor's equipment and storage yard.
10. 
Express storage or delivery station.
11. 
Frozen food locker in conjunction with food processing plants.
12. 
Fruit or nut packing or processing.
13. 
Fuel oil distribution, wholesale.
14. 
Furniture manufacture.
15. 
Laundry or dry cleaning.
16. 
Lumber or building materials manufacture for prefabricated construction.
17. 
Machine shop.
18. 
Machinery, farm equipment or implement manufacture.
19. 
Manufacture of artificial limbs, dentures, hearing aids, surgical instruments and dressings, or other devices employed by the medical or dental profession.
20. 
Manufacture, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products or meat, excluding the rendering of fats and oils, fish and meat slaughtering and fermented foods such as sauerkraut, vinegar or yeast.
21. 
Manufacture of figurines, pottery or similar ceramic products using only previously pulverized clay.
22. 
Manufacture of optical goods, scientific or precision instruments or equipment.
23. 
Manufacture of musical instruments, novelties, rubber or metal stamps or toys.
24. 
Mattress manufacture.
25. 
Motor freight terminal.
26. 
Parking lot or garage.
27. 
Rug cleaning plant.
28. 
Sheet metal shop.
29. 
Sign manufacturing, sales or repair; sign painting shop.
30. 
Stone, marble or granite cutting.
31. 
Synthetic fuel manufacturing.
32. 
Transfer and storage company.
33. 
Upholstery shop.
34. 
Utility service yard.
35. 
Warehouse.
36. 
Welding shop.
37. 
Wood products manufacturing.
38. 
Other uses involving manufacturing, processing or storage except the following:
a. 
Explosives, manufacture or storage.
b. 
Garbage, offal or dead animal reduction or dumping.
c. 
Any use which has been declared a nuisance by statute or ordinance or any court of competent jurisdiction.
B. 
Conditional Uses Permitted. In an HI zone the following uses and their accessory uses may be permitted subject to the provisions of Chapter 15.125 BMC:
1. 
Government structure and land use.
2. 
School which teaches skills associated with HI zone uses.
3. 
Utility substation, pumping station or power transformer station.
4. 
Railroad tracks, freight depot, switching yard, and other rail facilities.
5. 
Recreational vehicle park.
C. 
Uses Permitted with Special Development Standards. The following uses are permitted in accordance with the provisions of Chapters 15.95 and 15.100 BMC.
1. 
Aggregate and mineral resource development.
2. 
Planned unit industrial development.
D. 
Yard Requirements. In an HI zone the yards shall be as follows:
1. 
The front yard shall be a minimum of 20 feet.
2. 
On corner lots the side yard on the street side shall not be less than 10 feet.
3. 
On interior lots the total of both side yards shall be a minimum of 15 feet.
E. 
Height of Buildings. In an HI zone no principal building shall exceed a height of 45 feet.
F. 
Lot Coverage. In an HI zone the total impervious surface will not exceed 85 percent of the lot area.
G. 
Access. Industrial lands shall have access to major highway and railroad facilities provided in a manner so that residential and commercial areas are not adversely affected by industrial traffic.
1. 
The developer will submit a transportation plan which shows:
a. 
Location of vehicular access points.
b. 
Estimates of the amount of traffic which will utilize the above access points.
c. 
Effect on traffic movement of both vehicles and pedestrians that the proposed development will have on Highway 228.
d. 
The identification of all improvements which will be required to maintain adequate traffic flow.
2. 
All access plans shall be reviewed by the City Engineer.
H. 
Outside Storage. In an HI zone outside storage abutting or facing a lot in a residential zone shall be enclosed by a sight-obscuring fence. The fence shall obstruct the storage from view on the sides of the property abutting or facing a lot in the residential zone. The fence shall be of a material and design that will not detract from adjacent residences and shall be built according to plans submitted by the owner or authorized agent and approved by the City Administrator.
I. 
Lighting, Heat and Glare. Except for exterior lighting, operations producing heat and glare shall be conducted so as to have no negative effect on residential or commercial zones. Exterior lighting shall be directed away from adjacent zones or streets.
J. 
All grounds shall be maintained in a manner which will not create a health hazard.
K. 
Other Requirements. The use shall comply with Department of Environmental Quality regulations.
L. 
The supplementary use provisions as outlined in Chapters 15.85 and 15.115 BMC shall apply.
(1981 Compilation § 8-5:3.220; Ord. 504 § 3.220, 1980; Ord. 567A § 6, 1987; Ord. 616 § 1, 1993)
A. 
Intent. Within Brownsville, certain areas have been recognized for their unique physical setting and potential development qualities. All development shall meet standards intended to recognize and maintain the natural environment; to respect natural hazards, drainage problems and the unique setting of these areas, and to provide for access needs.
1. 
Residential development in the special development zone shall not exceed the density standards of the low-density residential zone of 7,500 square feet minimum lot area per dwelling unit.
B. 
Application. An application for developing the special development zone shall include the following:
1. 
For uses involving placement of a permanent structure on a lot:
a. 
Water plans emphasizing maintenance of daily usage and fire-flow levels.
b. 
Sewer plans showing locations of sewer lines and emphasizing needs to minimize mechanical pumping and crossing of natural drainage channels.
c. 
Drainage plans indicating how the drainage system will relate to natural features and be designed to minimize existing and potential drainage and erosion problems related to the development.
d. 
Access plans stressing how access into the area will not result in problems in nearby areas and how emergency vehicles will be accommodated.
e. 
Clearing, landscaping and buffering plans emphasizing methods to preserve natural vegetation, to minimize potential natural hazard impacts and to assure that structures will blend in with the surrounding area.
f. 
A topographic survey.
g. 
Engineering studies including recommendations related to prevention of potential erosion may be required for development on steep slopes in excess of 10 percent.
h. 
Plans for placement of structures intended to minimize erosion-related problems considering drainage, access, utilities, soil types and underlying bedrock.
2. 
Open Space. Applications for open space uses, such as public parks and recreation areas, without permanent structures shall include considerations related to water, sewer, drainage and access as outlined in subsection (B)(1) of this section.
3. 
Forestry. For forestry but not including tree cutting for safety reasons or for personal firewood.
a. 
Any commercial sale of wood must meet the requirements of the Oregon Forest Practices Act.
b. 
A request for a permit shall show the following when not addressed in the Forest Practices Act:
i. 
How erosion-related problems will be minimized during and after cutting.
ii. 
On slopes over 25 percent, an engineering study certifying that the forest activity will not cause landslides, gullying or other erosion-related problems which may be a threat to life or property.
iii. 
How natural drainage channels will be protected from erosion and from over-loading of water or debris.
iv. 
How the area will be reforested after harvesting.
v. 
How vehicular access to and from the property will result in minimal problems to the surrounding areas.
4. 
Mining and Quarrying Activities.
a. 
A soil engineering report which includes data including existing soil conditions and recommendations pertaining to development of the property for mining or quarrying.
b. 
An engineering geology report which includes a description of the geology of the site and recommendations regarding the effect of geologic conditions on the development.
c. 
A plan showing how the area will be reclaimed which includes a detailed financial plan.
5. 
Planned Unit Developments. When applying for a planned unit development in a special development zone the standards listed in this section shall apply in addition to the PUD requirements of Chapter 15.100 BMC.
C. 
Review Procedure. Within the special development zone, a special review procedure is hereby established. Plans shall be submitted which address the requirements listed in this section. All developments shall be classified as either simple or complex.
1. 
Simple development review includes open space (with or without permanent structures), forestry and single-family dwellings on minor partitions.
a. 
Plot Plans. Plot plans and other information required by this division shall be submitted to the City Administrator.
b. 
The City Administrator shall forward information provided by the developer plus information pertaining to the location of City sewer, water, drainage facilities and streets to the following agencies and/or their successors:
i. 
Linn Soil and Water Conservation District;
ii. 
The Oregon State Department of Geology and Mineral Industries;
iii. 
Northwest Natural Gas Company;
iv. 
Pacific Power and Light;
v. 
Northwestern Telephone Company;
vi. 
Brownsville Rural Fire Department;
vii. 
Brownsville City Engineer;
viii. 
Oregon State Department of Forestry.
The agencies shall be requested to make comments and suggest modifications in the proposal and shall be given one month to reply.
c. 
The City Administrator may either approve the proposal as submitted, or request the Planning Commission to review it. The Planning Commission's decision shall be made within 90 days after submittal of the proposal to the City. The Planning Commission, after public hearing in accordance with the procedures for conditional use permit, shall either:
i. 
Approve the proposal as submitted;
ii. 
Approve it with conditions;
iii. 
Forward it to the City Council with comments; or
iv. 
Deny the proposal.
2. 
Complex development review includes all uses not covered under simple development review, excluding minor partitions, but only if the proposed development would occur on a major partition or subdivision approved after the adoption of the ordinance codified in this division. The procedures specified for simple development review shall also apply to complex development review except as follows:
a. 
The Planning Commission shall review and make a decision on the proposal within 90 days after submittal to the City. The Planning Commission, after public hearing in accordance with the procedures for conditional use permits, shall either approve the proposal as submitted, approve it with modifications, forward it to the Council with comments, or deny it.
b. 
Council action and rights of appeal shall be as outlined for simple development review.
(1981 Compilation § 8-5:3.310; Ord. 504 § 3.310, 1980; Ord. 525 § 2, 1981; Ord. 567A § 7, 1987; Ord. 615 § 3, 1992)
In a P zone the following regulations shall apply:
A. 
Conditional Uses. In a P zone all public uses are permitted subject to the provisions in Chapter 15.125 BMC.
B. 
Yard Requirements. No specific yard standards shall be provided. Yard requirements may be determined on an individual basis and guided by the prevailing yard requirements in the immediate vicinity, as well as the need to minimize congestion and to provide light and air to the abutting property.
C. 
Height of Buildings. In a P zone no building shall exceed a height of 35 feet.
D. 
Lot Coverage. In a P zone buildings shall not occupy more than 50 percent of the lot area. Total impervious surface will not exceed 80 percent of the lot area.
E. 
The supplementary use provisions as outlined in Chapter 15.85 and 15.115 BMC shall apply.
(1981 Compilation § 8-5:3.410; Ord. 504 § 3.410, 1980)