A. 
Facilities for 17 or more children are subject to these provisions, and all state regulations and requirements. All preschool children residing in the dwelling which also serves as a day care or nursery facility shall be counted in the total number of children in such facility for purposes of calculating the category of such facility.
B. 
Day care or nursery school facilities located in any residential zone shall have a minimum site size of 10,000 square feet. Facilities located in the C-3 zone shall be located on lots of sufficient size to provide for required buildings, parking, pickup and drop off area, and outdoor play area.
C. 
All such facilities shall provide and thereafter maintain outdoor play areas with a minimum area of 75 square feet per child at total capacity and a sight-obscuring fence, wall or vegetative hedge of at least four feet but not more than six feet in height shall be provided, separating the play area from abutting lots with residential uses.
D. 
Adequate off-street parking and loading space shall be provided.
E. 
Must provide copies of any license/permit required by federal or state agencies to operate the school.
F. 
Shall not be allowed within 500 feet of a marijuana retail facility.
(Ord. 89-O-446 § 1; Ord. 92-O-446.H § 3; Ord. 94-O-446.S § 2; Ord. 08-O-616 § 2; Ord. 22-O-800 § 6 (Exh. A))
A. 
Before a conditional use permit for the commercial excavation and removal of earth products can be granted, plans and specifications showing the location of the premises, grading plan, existing and proposed drainage, proposed truck access, existing vegetation and plant material on the site, and details of proposed reclamation following excavation and removal of earth products relating to regrading and revegetation of the site shall be submitted to, and approved by, the planning commission.
B. 
Any deviation from the plans as approved by the planning commission will serve as grounds for revocation of the conditional use permit.
C. 
In reviewing the application, the commission may consider the most appropriate use of the land, distances from the property lines, the protection of pedestrians and vehicles, the prevention of the collection and stagnation of water at all stages of the operation, screening and/or berming of the excavation project site from adjoining properties, and the reclamation and rehabilitation of the land upon termination of the operation.
D. 
A bond may be required to ensure performance for reclamation of the project site following removal of such earth products.
E. 
Erosion control measures must be implemented. If the disturbance is greater than one acre in size, a permit from the Department of Environmental Quality (DEQ) is required. A copy of the approved DEQ permit must be provided to the city.
F. 
If any disturbance will be on slopes greater than 15 percent, the applicant must comply with Chapter 17.100 BMC, Hazardous Building Site Protection Hillside Development Standards.
G. 
Applicant must provide copies of any federal, state, or local permits/licenses required for this use.
(Ord. 89-O-446 § 1; Ord. 08-O-616 § 2)
The erection, construction, alteration or maintenance by public utility or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, towers, wires, mains, drains, sewer, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, shall be permitted in any district. Utility transmission and distribution lines, poles and towers may exceed the height limits otherwise provided for in this code. Any proposed outside storage of equipment must be screened by a six-foot sight-obscuring fence or hedge.
(Ord. 89-O-446 § 1; Ord. 08-O-616 § 2)
Any building housing poultry, consisting of more than 10 chickens or other poultry, shall be located not less than 200 feet from every lot line. Odor, dust, noise, feathers, flies or drainage shall not be permitted to create or become a nuisance to surrounding property.
(Ord. 89-O-446 § 1; Ord. 08-O-616 § 2)
A. 
Kennels, riding academies, and public stables shall be located not less than 200 feet from any property line, shall provide automobile and truck ingress and egress, and shall also provide parking and loading spaces so designed as to minimize traffic hazards and congestion.
B. 
Applicants shall show that odor, dust, noise, and drainage shall not constitute a nuisance, hazard, or health problem to adjoining property or uses.
C. 
No animals shall be permitted to leave the property and wander at large.
(Ord. 89-O-446 § 1; Ord. 98-O-446.DD § 11; Ord. 08-O-616 § 2; Ord. 14-O-723 § 2)
A veterinary clinic or animal hospital shall not be located within 100 feet of a lot in any adjoining residential district, and the applicant shall show that adequate measures and controls shall be taken to prevent offensive noise and odor. This use does not allow boarding of animals unless they are being treated at the facility.
(Ord. 89-O-446 § 1; Ord. 08-O-616 § 2)
A. 
A cemetery, crematory, mausoleum, or columbarium shall have its principal access on a street adequate to serve the use with ingress and egress so designed as to minimize traffic congestion. A traffic impact statement pursuant to BMC § 17.170.090 may be required. Off-street parking spaces shall be provided pursuant to Chapter 17.92 BMC.
B. 
Cemeteries located within any “R” district or abutting an “R” district shall establish and maintain a landscape buffer five feet in width as well as a sight obscuring fence, hedge or planting to minimize the conflict with abutting residential use. No mortuary or crematorium can be within 100 feet of an adjacent street or within 200 feet of a residential lot.
C. 
All laws and regulations of the state of Oregon must be adhered to and copies of all required permits and licenses shall be provided to the city.
(Ord. 89-O-446 § 1; Ord. 08-O-616 § 2; Ord. 14-O-723 § 2)
Drive-in theaters shall be located on a street adequate to serve the use and be able to provide ingress and egress so designed as to minimize traffic congestion. The use shall be screened from an “R” district or dwelling so that any noise, lights, or signs shall not disturb residents.
(Ord. 89-O-446 § 1; Ord. 08-O-616 § 2)
“Bed and breakfast”
means the rental of more than one bedroom in an owner-occupied single-family residence where a breakfast meal may be served during the a.m. hours only. All residences proposed for bed and breakfast accommodations shall provide one off-street parking space per rental unit in addition to two spaces for the owner. In terms of eligibility and acceptability, preference will be given by the planning commission to residences applying for bed and breakfast accommodations which display significant architectural or historic character and quality. The property owner shall obtain a business license from the city of Brookings. A transient room tax will be applied pursuant to Chapter 3.10 BMC.
(Ord. 89-O-446 § 1; Ord. 08-O-616 § 2; Ord. 16-O-762 § 3)
Recreation vehicle parks are regulated by, and must comply with, health division and building code requirements. The following additional standards shall also apply:
A. 
The space provided for each recreation vehicle shall be not less than 800 square feet in area, exclusive of any space used for common areas, such as roadways, general use structures, walkways, parking spaces for other than recreation vehicles, and common open and landscaped areas.
B. 
Roadways, other than dedicated, public rights-of-way, shall not be less than 36 feet in width if parking is permitted on the margin of the roadway, or less than 28 feet in width if parking is not permitted on the edge of the roadway, shall be paved with asphaltic concrete, Portland cement concrete or similar impervious surface and designed to permit easy access to each recreation vehicle space. The roadway widths may be reduced for one-way travel lanes to a standard approved by the site plan committee.
C. 
Each recreation vehicle space shall be covered with crushed gravel or paved with asphalt, concrete or similar material and be designed to provide runoff of surface water. The part of the space which is not occupied by a recreation vehicle, not intended as an accessway to the recreation vehicle or part of an outdoor patio, need not be paved or covered with gravel provided the area is appropriately landscaped and thereafter maintained. One paved automobile parking space shall be located in the park equal to one space per recreation vehicle park and three spaces for the manager residence and guest parking.
D. 
There shall be provided trash receptacles for disposal of solid waste materials situated in convenient locations for the use of guests of the park and located in such a manner and be of such capacity that there is no uncovered accumulation of trash at any time. Such trash receptacles shall be screened from public view.
E. 
Recreation vehicle parks shall maintain a minimum 20-foot setback from any abutting public streets. Said setback area shall be appropriately landscaped and maintained and a sight-obscuring fence, hedge or wall of not less than six feet in height shall be located at least 10 feet within the required setback area. Except for the area abutting public streets as described above, the park shall be screened on all other sides by a sight-obscuring fence, hedge or wall of not less than six feet in height and said fence, hedge or wall may be located on the property line.
(Ord. 89-O-446 § 1; Ord. 08-O-616 § 2)
Manufactured home parks are regulated by the Department of Commerce/building code provisions which contain rules establishing minimum safety standards for the design and construction of manufactured home parks. The following additional standards shall also apply:
A. 
Each space for a manufactured home shall contain not less than 3,000 square feet, exclusive of space provided for the common use of tenants, such as roadways, general use structures, guest parking, walkways and areas for recreation and landscaping purposes.
B. 
Roadways, other than dedicated, public rights-of-way, shall not be less than 36 feet in width if parking is permitted on the margin of the roadway, or less than 28 feet in width if parking is not permitted on the edge of the roadway, shall be paved with asphaltic concrete, Portland cement concrete or similar impervious surface and designed to permit easy access to each mobile home space. The roadway widths may be reduced for one-way travel lanes to a standard approved by the site plan committee.
C. 
The manufactured home park shall maintain a minimum 20-foot setback from any abutting public streets. Said setback area shall be appropriately landscaped and maintained and a sight-obscuring fence, hedge or wall of not less than six feet in height shall be located at least 10 feet within the required setback area. Except for the area abutting public streets as described above, the park shall be screened on all other sides by a sight-obscuring fence, hedge or wall of not less than six feet in height and said fence, hedge or wall may be located on the property line.
D. 
Each manufactured home situated within the manufactured home park shall be required to install and maintain rodent-proof skirting around the unit within 30 days of first locating within the park.
E. 
Two parking spaces must be provided for each space.
(Ord. 89-O-446 § 1; Ord. 08-O-616 § 2)
Any existing dwelling in a single-family residential (R-1) zone, general commercial (C-3) zone, tourist commercial (C-4) zone and industrial park (I-P) zone can be used for short-term rental purposes as set forth in that zone and pursuant to certain regulations as follows:
A. 
The property owner or holder shall register the dwelling with the city as a short-term rental on a separate form.
B. 
A transient room tax will be applied pursuant to Chapter 3.10 BMC.
C. 
The property owner shall provide the name, address and telephone number of a local representative, either a property management business or an individual living within the Brookings urban growth boundary, who has the authority to make or have repairs made, resolve disputes and/or terminate occupancy if necessary.
D. 
Representative’s name and telephone number shall be posted within the dwelling and provided to all adjacent neighboring property owners.
E. 
Applicant shall subscribe to a scheduled waste collection service and provide garbage receptacles on the property.
F. 
Short-term rental conditional use permits are specific to the owner of the dwelling unit and shall not run with the land. To continue with the use, within six months of the sale of the property, the new owner shall submit a minor change application pursuant to BMC § 17.116.090 to address the criteria in this section. If the minor change is not approved by the planning commission or no application is submitted, the approval shall terminate.
G. 
A minimum of two off-street parking spaces are required for a three-bedroom dwelling with one additional off-street parking space required for each additional bedroom. Recreational vehicles (RVs) and travel trailers are prohibited.
H. 
The dwelling will be subject to an annual inspection by the city manager or designee on or around the anniversary date of the approved conditional use permit.
(Ord. 01-O-446.MM; Ord. 08-O-616 § 2; Ord. 16-O-766 § 2; Ord. 22-O-802 § 3 (Exh. A))
Dwelling groups shall be allowed on lots that cannot otherwise be divided and are less than four acres in size, subject to the following standards:
A. 
Density. The number of dwelling units allowed shall be established by dividing the total lot area by the minimum lot area of the underlying zone.
1. 
All residential buildings shall be the type of dwelling unit as allowed in the underlying zone.
2. 
Buildings may be clustered on the lot.
B. 
Setbacks. The distance between any principal buildings and the property line shall be not less than established in the zone in which the dwelling group is located. The minimum distance between residential buildings shall be twice the minimum side yard setback that would be required for the tallest building on the lot; provided, however, that in no case shall the distance be less than 10 feet. An inner courtyard providing access to double-row dwelling groups shall be a minimum of 20 feet in width.
C. 
Access. Every building containing a dwelling in the group shall be within 60 feet of an access driveway of at least 20 feet in width providing vehicular access from a public street. This 20-foot-wide driveway shall have “No Parking” signs installed along the entire length.
D. 
Neighborhood Character. The development of dwelling groups shall respect the character of both the neighborhood in which it is located and the properties adjacent to said dwelling group. Emphasis shall be placed on retention of neighborhood character and privacy of adjacent properties when reviewing dwelling groups.
E. 
All dwelling groups shall be subject to the review and approval of the site plan committee, as provided in Chapter 17.80 BMC.
F. 
Each dwelling unit must have two parking spaces provided within a garage or carport or on a paved surface adjacent to the dwelling. These parking spaces must be available for parking. Spaces may not be converted to habitable space, used for storage of goods, equipment, inoperable vehicles, or other items.
(Ord. 08-O-616 § 2)
A. 
No horses, cattle, sheep, or other livestock shall be kept on a lot less than three acres in area. No more than two head may be kept on the first three acres; however, one additional animal may be kept for each acre over three acres.
B. 
All animals must be confined to an area on the property and said area of confinement shall not be located closer than 125 feet to a dwelling on any contiguous property. Barns, stables and other buildings and structures to house livestock shall not be located closer than 50 feet to any property line.
C. 
Odor, dust, noise, flies or drainage shall not be permitted to create or become a nuisance to surrounding property.
D. 
No horses, cattle, sheep, or other livestock shall be permitted to leave the property and wander at large.
(Ord. 08-O-616 § 2; Ord. 14-O-723 § 2)
Where it can be demonstrated that there is a need for a temporary caretaker of either property or individuals residing on the subject property, living quarters may be provided temporarily in the existing dwelling or an accessory structure. The following standards shall apply:
A. 
Detailed explanation of the need for a caretaker.
B. 
Plot plan indicating size, layout, and location of the proposed living quarters.
C. 
Kitchen facilities shall be limited to a sink, refrigerator, hot plate, and microwave.
D. 
The applicant shall sign an agreement to remove the kitchen facilities and no longer use the temporary living quarters as a separate dwelling once the need for a caretaker no longer exists.
E. 
A written request to the planning department must be submitted annually indicating there is an ongoing need for the caretakers’ living quarters.
(Ord. 08-O-616 § 2)
A. 
An area equal to at least 15 percent of the site area, inclusive of required setback yards, shall be devoted to usable open space recreation areas. This area must be cleared of brush or obstructions and not used for temporary or regular parking of vehicles.
B. 
If commercial dumpsters are to be used, they shall be appropriately screened.
(Ord. 08-O-616 § 2)
A. 
A person residing in the dwelling shall be engaged in the operations of the cottage industry. The business may employ individuals not residing in the dwelling.
B. 
The operation of the cottage industry shall be conducted between the hours of 8:00 a.m. to 6:00 p.m. and during the normal work week of Monday through Friday, unless otherwise approved by the planning commission.
C. 
Materials and/or mechanical equipment not recognized as being part of the normal residence shall be screened from view of the street and adjacent residential parcels.
D. 
There shall be no retail sales of products or services not directly produced on the premises.
E. 
The activity shall not require or involve the use of heavy commercial or industrial vehicles with more than two axles and six tires for delivery of materials to or from the premises.
F. 
The exterior residential appearance of all structures shall be preserved, and the use is clearly secondary to the use of the dwelling for residential purposes.
G. 
Additional parking required for the activity shall be provided on the premises pursuant to Chapter 17.92 BMC and the activity shall not require on-street parking. The required two off-street parking spaces for each residential unit shall not be utilized for the cottage industry. The planning commission shall determine the appropriate parking requirements for uses not listed in Chapter 17.92 BMC.
H. 
There shall be no emission of odorous, toxic, noxious matter nor any use causing electrical or telecommunication interference, vibration, noise, heat or glare in such quantities as to be readily detectable at any point along or outside property lines so as to produce a public nuisance or hazard.
I. 
All cottage industries shall be evaluated to determine if additional system development charges (SDC) are applicable. All additional SDCs shall be paid to the city prior to operation of the cottage industry.
J. 
No more than 50 percent of the dwelling shall be used for the cottage industry. Any accessory structure may be used in conducting the activity. If the property contains a carport or garage it shall not be converted to create a nonconforming residence.
K. 
Manufacturing, processing, and similar operations shall be conducted entirely within a completely enclosed structure, unless otherwise approved by the planning commission.
L. 
Proof of a current city business license unless exempt shall be provided.
M. 
All state and federal laws and regulations must be adhered to and copies of all required permits and licenses shall be provided to the city.
(Ord. 14-O-722 § 3)
Amateur radio facilities are private, noncommercial wireless communication facilities consisting of antennas, towers, and/or support structures. The city recognizes the importance of amateur radio operators and their service to the community especially in the event of emergencies.
Amateur radio facilities are considered an accessory use to a residential dwelling. BMC § 17.128.020(B) provides for exceptions to height limitations for masts, aerials and antennas.
The following siting criteria shall apply to amateur radio facilities that do not meet the provisions of BMC § 17.128.020(B) and/or the applicable zoning district. The criteria are intended to maximize public safety and minimize visual impacts to promote and protect the residential characteristics of the residential zoning districts consistent with federal and state law. Public notice shall be provided to all property owners within 1,000 feet of a proposed amateur radio facility requesting approval with a conditional use permit (CUP).
A. 
Height. The maximum tower/antenna height shall not exceed 70 feet from the finished grade at the base of the tower. A narrative must be submitted with the application providing justification of the need for the requested height. The narrative need not be complex but must provide an explanation as to why a taller tower/antenna is needed to obtain the reliable communications desired by the applicant.
B. 
Front, Side and Rear Yard Setbacks. All components of the facility, including guy wires, antennas, and footings shall meet the minimum set-backs of the applicable zone.
C. 
Construction. A building permit shall be obtained for the construction or erection of the amateur radio facility. Plans and calculations shall be provided and shall comply with the provisions of Section 3108 of the Oregon Structural Specialty Code.
D. 
Finish (Paint/Surface). The facility shall have a finish, tone or color that reduces its visibility. In most circumstances this condition may be satisfied by painting the facility with a flat light haze gray paint. The owner shall maintain the finish, painted or unpainted. Red and white or orange and white finish is not allowed. If these colors are required by the FAA (Federal Aviation Administration) or ODA (Oregon Department of Aviation), the height shall be reduced to a level that it is not required.
E. 
Fencing and Security. For security purposes, towers and accessory facilities shall be enclosed by a minimum six-foot fence or be equipped with anticlimb devices. If this conflicts with TIA-222 or other agencies, the most restrictive requirements shall prevail.
F. 
Lighting. No lighting shall be permitted on the facility. If required by the FAA or ODA, the facility shall be reduced to a level that does not require lighting.
G. 
Airport Overlay Zone. The facility shall comply with the requirements in Chapter 17.76 BMC, Airport Approach (AA) Overlay Zone.
H. 
Advertising/Signs. No advertising or signs of any type are to be placed on the tower at any time except those required or necessary for safety and warnings. Safety and warning signs shall be less than two square feet and be placed on the facility at a height of less than six feet.
I. 
License. The owner of the facility shall possess and provide a copy of a current FCC license to the city. After six months with no valid license, the facility shall be considered abandoned and shall be removed by the property owner within 60 days thereafter. The owner shall provide a copy of a valid FCC license every three years.
J. 
Abandonment. The property owner shall provide annual written documentation that the facilities are functioning. Amateur radio facilities that do not have functioning antennas for a period of six months shall be considered abandoned and shall be removed by the owner of the facility within 60 days thereafter. Upon written application, prior to the expiration of the six-month period, the planning commission if approved with a CUP or staff if permitted outright may, in writing, grant a six-month time extension for reuse of the facility. Additional extensions beyond the first six-month extension may be granted by the planning commission subject to any conditions required to bring the project or facility into compliance with current regulation(s).
K. 
Maintenance. Amateur radio facilities shall be maintained in good order and repair at all time so to not constitute any danger or hazard to adjacent properties. All facilities 25 years or older must be inspected by an Oregon structural engineer every three years and a report provided to the city. The building official may request an inspection of a facility of any age where signs of deterioration or instability are observed. If repairs are needed, they must be completed within six months, reinspected, and a report provided to the city.
L. 
Unrelated Equipment. Equipment and antennas for other than amateur radio facilities shall comply with height and setback requirements of BMC § 17.128.020(B) and the underlying zone.
M. 
Hazardous Building Sites. Construction or erection of amateur radio facilities shall comply with Chapter 17.100 BMC, Hazardous Building Site Protection Hillside Development Standards.
N. 
Permanent structures must not be located in any easement.
O. 
The city must be notified if the property is sold. The city will provide the new property owner a copy of the final order with conditions of approval of the conditional use permit granting approval.
P. 
The amateur radio facilities must be located, designed and installed so as to minimize conflicts with scenic views to the extent possible and to not endanger the safety of persons or property.
(Ord. 16-O-752 § 2)
A. 
Shall not be allowed within 1,000 feet of any school, public or private.
B. 
Shall not be permitted within 1,000 feet of another marijuana facility.
C. 
Shall not be located within 500 feet of a public library.
D. 
Shall not be located within 500 feet of a day-care facility.
E. 
Shall not be located within 500 feet of Azalea Park, Stout Park, and Easy Manor Park.
F. 
Shall not be located adjacent to or affronting a residential zone.
G. 
Shall not be located within 250 feet of an existing ground floor residence in a C-3 general commercial district.
H. 
Drive-up or walk-up window use or similar exchange of goods through a portal to the exterior of the facility is prohibited.
I. 
Shall be located entirely within a permanent building and may not be located in a trailer, cargo container, motor, or recreational vehicle.
J. 
Outdoor storage of merchandise, raw materials, or other material associated with the facility is prohibited.
K. 
No marijuana or paraphernalia product display windows facing the public shall be observed from the outside of the licensed premises, including views through doorways, windows, and other openings.
L. 
Must utilize an air filtration and ventilation system that, to the greatest extent feasible, confines all marijuana-related odors within the facility.
M. 
Sandwich board signs displayed in the right-of-way (ROW) for marijuana retail facilities are subject to the provisions of Chapter 17.88 BMC, Sign Regulations.
N. 
No minors shall be allowed in the marijuana retail facility.
O. 
Facility hours of operation are limited from 7:00 a.m. to 10:00 p.m., seven days a week.
(Ord. 22-O-800 § 7 (Exh. A))