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A. Uses Allowed in Base Zones. Allowed uses include those that are permitted, permitted subject to special use standards, and allowed subject to approval of a conditional use permit. Where Table 18.2.2.030 does not list a specific use and part 18.6 does not define the use or include it as an example of an allowed use, the City may find that use is allowed, or is not allowed, following the procedures of section 18.1.5.040.

B. Permitted Uses and Uses Permitted Subject to Special Use Standards. Uses listed as “Permitted (P)” are allowed. Uses listed as “Permitted Subject to Special Use Standards (S)” are allowed, provided they conform to chapter 18.2.3, Special Use Standards. All uses are subject to the development standards of the zone in which they are located, any applicable overlay zone(s), and the review procedures of part 18.5. See section 18.5.1.020.

C. Conditional Uses. Uses listed as “Conditional Use Permit Required (CU)” are allowed subject to the requirements of chapter 18.5.4.

D. Prohibited Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use following the procedures of section 18.1.5.040 are prohibited. Prohibited uses are subject to the violations, complaints, and penalties sections in 18.1.6.080, 18.1.6.090, and 18.1.6.100.

E. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2, additional land use standards or use restrictions apply within overlay zones. An overlay zone may also provide for exceptions to some standards of the underlying zone. For uses allowed in special districts CM, HC, NM, NN and SOU, and for regulations applying to the City’s overlay zones, refer to part 18.3.

F. Accessory Uses. Uses identified as “Permitted (P)” are permitted as primary uses and as accessory uses. For information on other uses that are customarily allowed as accessory, please refer to the description of the land use categories in part 18.6, Definitions.

G. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met.

H. Temporary Uses. Temporary uses require a conditional use permit under chapter 18.5.4; except as follows:

1. Short-Term Events. The Staff Advisor may approve through ministerial review short-term temporary uses occurring once in a calendar year and lasting not more than 72 hours including set up and take down. Activities such as races, parades, and festivals that occur on public property (e.g., street rights-of-way, parks, sidewalks, or other public grounds) require a special event permit pursuant to chapter 13.03.

2. Garage Sales. Garage sales shall have a duration of not more than two days and shall not occur more than twice within any 365-day period. Such activity shall not be accompanied by any off-premises advertisement. For the purpose of this chapter, garage sales meeting the requirements of this subsection shall not be considered a commercial activity.

3. Temporary Buildings. Temporary occupancy of a manufactured housing unit or similar structure may be permitted for a period not to exceed 90 calendar days upon the granting of a permit by the Building Official. Such occupancy may only be allowed in conjunction with construction on the site. Said permit shall not be renewable within a six-month period beginning at the first date of issuance, except with approval of the Staff Advisor.

I. Disclaimer. Property owners are responsible for verifying whether a proposed use or development meets the applicable standards of this chapter.

Table 18.2.2.030. Uses Allowed by Zone

R-1

R-1-3.5

R-2

R-3

RR

WR

C-1 & C-1-D

E-1

M-1

Special Use Standards

A. Agricultural Uses1

Agriculture, except Keeping of Bees, Livestock and Micro-Livestock, Homegrown Marijuana Cultivation, and Marijuana Production

P

P

P

P

P

P

N

N

N

Animal sales, feed yards, keeping of swine, commercial compost, or similar uses not allowed

Keeping of Bees

S

S

S

S

S

S

N

N

N

Sec. 18.2.3.160

Keeping of Livestock

S

N

N

N

S

S

N

N

N

Keeping of Micro-Livestock

S

S

S

S

S

S

N

N

N

Marijuana Cultivation, Homegrown

S

S

S

S

S

S

S

S

S

Sec. 18.2.3.190

See General Industrial, Marijuana Production

B. Residential Uses

Single-Family Dwelling

P

P

P

P

P

P

S

S

N

See Single-Family standards in Sec. 18.2.5.090

Sec. 18.2.3.130 for C-1 zone and E-1 zone

Dwellings and additions in Historic District Overlay, see Sec. 18.2.3.120 and 18.2.5.070

Accessory Residential Unit

P or S

P or S

S

S

P or S

N

N

N

N

Sec. 18.2.3.040and 18.5.2.020.C.2

Cottage Housing

S

N

N

N

N

N

N

N

N

Sec. 18.2.3.090, Cottage Housing

Duplex Dwelling

S

P

P

P

N

N

S

S

N

Sec. 18.2.3.110, Duplex Dwelling Standards

Manufactured Home on Individual Lot

S

S

S

S

N

N

N

N

N

Sec. 18.2.3.170 and not allowed in Historic District Overlay

Manufactured Housing Development

N

S

CU+S

N

N

N

N

N

N

Sec. 18.2.3.180

Multifamily Dwelling

N

P

P

P

N

N

S

S

N

Sec. 18.2.3.130 for C-1 zone and E-1 zone

Dwellings and additions in Historic District Overlay, see Sec. 18.2.3.120 and 18.2.5.070

Rental Dwelling Unit Conversion to For-Purchase Housing

N

N

S

S

N

N

N

N

N

Sec. 18.2.3.200

Home Occupation

S

S

S

S

S

S

S

S

N

Sec. 18.2.3.150

C. Group Living

Nursing Homes, Convalescent Homes

CU

CU

CU

CU

CU

CU

N

N

N

See chapter 18.3.3, Health Care Services District

Residential Care Home

P

P

P

P

P

P

N

N

N

Subject to State licensing requirements

Residential Care Facility

CU

P

P

P

CU

CU

N

N

N

Subject to State licensing requirements

Room and Boarding Facility

N

P

P

P

N

N

N

N

N

D. Public and Institutional Uses

Airport

See chapter 18.3.7, Airport Overlay

Cemetery, Mausoleum, Columbarium

N

N

N

N

CU

N

N

N

N

Child Care Facility

CU

CU

CU

CU

CU

CU

P

P

P

Family Child Care Home exempt from planning application procedure pursuant to ORS 329A.440, see part 18.6 for definition

Subject to State licensing requirements

Club Lodge, Fraternal Organization

CU

CU

CU

CU

CU

CU

P

CU

CU

Electrical Substation

N

N

N

N

N

N

CU

CU

P

Hospitals

CU

CU

CU

CU

CU

N

N

N

N

See chapter 18.3.3, Health Care Services District

Governmental Offices and Emergency Services (e.g., Police, Fire); excluding Outdoor Storage

CU

CU

N

N

CU

CU

P

P

P

Mortuary, Crematorium

N

N

N

N

CU

N

P

P

P

Public Park, Open Space, and Recreational Facility, including playgrounds, trails, nature preserves, athletic fields, courts, swim pools, similar uses

P

P

P

P

P

P

N

N

N

Public Parking Facility

N

N

N

N

N

N

P

P

P

Recycling Depot

N

N

N

N

N

N

N

P

P

Not allowed within 200 feet of a residential zone

Religious Institution, Houses of Worship

CU

CU

CU

CU

CU

CU

CU

CU

CU

School, Private (Kindergarten and up)

CU

CU

CU

CU

CU

CU

N

N

N

School, Public (Kindergarten and up)

P

P

P

P

P

CU

N

N

N

School, Private College/Trade/Technical School

N

N

N

N

N

N

N

CU

P

Utility and Service Building, Yard and Structure, Public and Quasi-Public, excluding electrical substations

CU

CU

N

N

CU

CU

P

P

P

Includes public service building, yard, and structures such as public works yards

Yards not allowed in the RR, WR, and C-1 zones

Wireless Communication Facility

CU

CU

CU

CU

CU

CU

P or CU

P or CU

P or CU

Chapter 18.4.10

E. Commercial Uses

Amusement/Entertainment, includes theater, concert hall, bowling alley, miniature golf, arcade; excluding drive-up uses

N

N

N

N

N

N

P

CU

P

Automotive and Truck Repair, or Service; includes fueling station, car wash, tire sales and repair/replacement, painting, and other repair for automobiles, motorcycles, aircraft, boats, RVs, trucks, etc.

N

N

N

N

N

N

S or CU

S or CU

P

Sec. 18.2.3.050

In C-1 zone, fuel sales and service is a permitted use provided within the Freeway Overlay, see chapter 18.3.8; conditional use in locations outside of Freeway Overlay

In E-1 zone, auto and truck repair is a permitted use if 200 feet or more from residential zones; fuel sales and service requires CU permit

Automotive Sales and Rental, includes motorcycles, boats, RVs, and trucks

N

N

N

N

N

N

CU

CU

P

Not allowed within Historic District Overlay

Accessory Travelers’ Accommodation (See also Travelers’ Accommodation)

N

N

CU+S

CU+S

N

N

N

N

N

Sec. 18.2.3.220

Bakery, except as classified as Food Processing

N

N

N

N

N

N

P

P

P

Commercial Laundry, Cleaning, and Dyeing Establishment

N

N

N

N

N

N

S

S

P

Sec. 18.2.3.080

Commercial Recreation, includes country club, golf course, swimming club, and tennis club; excluding intensive uses such as driving range, race track, or amusement park

CU

CU

N

N

CU

CU

N

N

N

Drive-Up Use

N

N

N

N

N

N

S

N

N

Per Sec. 18.2.3.100, Drive-Up uses are limited to area east of Ashland St at intersection of Ashland St/Siskiyou Blvd

Hostel

N

N

CU

CU

N

N

CU*

N

N

*In C-1 zone, requires annual Type I review for at least the first three years, after which time the Planning Commission may approve a permanent facility through the Type II procedure

Hotel/Motel

N

N

N

N

N

N

CU

CU

P

Kennel (See also Veterinary Clinic)

N

N

N

N

N

N

S

S

CU

No animals kept outside within 200 feet of a residential zone

Limited Retail Uses in Railroad Historic District

N

CU

CU

CU

N

N

N

N

N

Sec. 18.2.3.210 for Retail Uses Allowed in Railroad Historic District

Lumber Yard and Similar Sales and Rental of Building or Contracting Supplies, or Heavy Equipment

N

N

N

N

N

N

CU

CU

P

Marijuana Retail Sales, includes sale of medical and recreational marijuana

N

N

N

N

N

N

S or CU

S or CU

N

Per Sec. 18.2.3.190, marijuana retail sales are limited to the C-1 and E-1 zones and located on a boulevard or 200 feet or more from any residential zone, see Sec. 18.2.3.190

Nightclub, Bar

N

N

N

N

N

N

S

CU

P

Not allowed within the Historic District Overlay unless located in C-1-D

Office

N

N

CU

CU

N

N

P

P

P

Outdoor Storage of Commodities or Equipment associated with an allowed use

N

N

N

N

N

N

CU

CU

P

Plant Nursery, Wholesale, except Marijuana Production

N

N

CU

CU

N

N

N

N

N

Restaurants

N

N

N

N

N

N

P

P

P

Retail Sales and Services, except Outdoor Sales and Services

N

N

CU+S

N

N

N

P

S

S

In R-2 zone, uses limited to personal and professional services, except see Sec. 18.2.3.210 for retail uses allowed in Railroad Historic District

In E-1 zone, Retail limited to 20,000 square feet of gross leasable floor space per lot

In M-1 zone, uses limited to serving persons working in zone

See Marijuana Retail Sales

Self-Service Storage, Commercial (Mini-Warehouse)

N

N

N

N

N

N

N

CU

P

Travelers’ Accommodation (See also Accessory Travelers’ Accommodation)

N

N

CU+S

CU+S

N

N

N

N

N

Sec. 18.2.3.220

Veterinary Clinic

N

N

N

N

N

N

P

P

P

F. Industrial and Employment Uses

Cabinet, Carpentry, and Machine Shop, and related Sales, Services, and Repairs

N

N

N

N

N

N

N

S or CU

P

In the E-1 zone, uses within 200 feet of a residential zone require CU permit

Commercial Excavation and Removal of Sand, Gravel, Stone, Loam, Dirt or Other Earth Products

N

N

N

N

CU+S

N

N

N

N

Sec. 18.2.3.070

Concrete or Asphalt Batch Plant

N

N

N

N

N

N

N

N

CU

Dwelling for a caretaker or watchman

N

N

N

N

N

N

N

CU

CU

Food Products Manufacture/Processing/Preserving, including canning, bottling, freezing, drying, and similar processing and preserving

N

N

N

N

N

N

S

S

P

In the C-1 zone, manufacture or assembly of items sold is a permitted use, provided such manufacturing or assembly occupies 600 square feet or less, and is contiguous to the permitted retail outlet

In the E-1 zone, see Sec. 18.2.3.140

Manufacture, General, includes Marijuana Laboratory, Processing, and Production

N

N

N

N

N

N

N

P or S

P or S

In E-1 and M-1 zones, marijuana laboratory, processing, and production are subject to the special use standards in Sec. 18.2.3.190

See Marijuana Cultivation, Homegrown

Manufacture, Light; excluding saw, planing or lumber mills, or molding plants

N

N

N

N

N

N

S

P

P

Requires assembly, fabricating, or packaging of products from previously prepared materials such as cloth, plastic, paper, cotton, or wood

In the C-1 zone, manufacture or assembly of items sold in a permitted use, provided such manufacturing or assembly occupies 600 square feet or less, and is contiguous to the permitted retail outlet

Outdoor Storage of Commodities or Equipment associated with an allowed use

N

N

N

N

N

N

CU

CU

P

Television and Radio Broadcasting Studio

N

N

N

N

N

N

N

P

P

Wholesale Storage and Distribution, includes Marijuana Wholesale

N

N

N

N

N

N

N

S

S

Deliveries and shipments limited to 7 a.m. – 9 p.m. within 200 feet of a residential zone

In E-1 and M-1 zones, marijuana wholesale is subject to the special use standards in Sec. 18.2.3.190

Wrecking, Demolition, and Junk Yards

N

N

N

N

N

N

N

N

CU

G. Other Uses

Temporary Tree Sales

N

N

N

N

N

N

P

N

N

Allowed from November 1 to January 1

Temporary Use

CU, except uses lasting less than 72 hours are subject to Ministerial review, per Sec. 18.2.2.030.H

1 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.

(Ord. 3155 § 1, amended, 07/17/2018; Ord. 3147 § 1, amended, 11/21/2017)

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