Chapter 18.50
SPECIAL USE STANDARDS (S)
Sections:
18.50.030 Review process for “S” special review for C-1 and M-1 zones.
18.50.040 C-1 and M-1 artisanal and light manufacture uses.
18.50.060 Townhomes, attached single-family dwellings, special review criteria.
18.50.070 Multifamily development.
18.50.080 Dwellings in commercial and mixed employment zones.
18.50.100 Residential care homes, residential care facilities and childcare facilities.
18.50.120 Manufactured home on a single-family lot.
18.50.130 Mobile home and manufactured dwelling parks.
18.50.140 Temporary mobile homes and recreational vehicles uses.
18.50.150 Accessory structures – Type I or II depending upon zoning.
18.50.160 Accessory dwellings.
18.50.170 Bed and breakfast inns.
18.50.180 Special use standards in the public use zone.
18.50.190 Special use standards in the residential zones.
18.50.200 Special use standards in the C-1 zone.
18.50.210 Special use standards in the M-1 and M-2 zones.
18.50.220 Special use standards in the PUZ zone.
18.50.010 Purpose.
Special uses included in this chapter are uses which, due to their effect on surrounding properties, must be developed in accordance with special conditions and standards. These special use standards supplement the standards established for other uses in the same zoning district. [Ord. 987 § 1 (Exh. A), 2022.]
18.50.020 Applicability.
All uses designated as special (“S”) uses in Table 18.45.030, and uses the City determines to be similar to such uses, are subject to the standards of this chapter. When a dimensional standard for a special use differs from that of the underlying district, the standard for the special use shall apply. [Ord. 987 § 1 (Exh. A), 2022.]
18.50.030 Review process for “S” special review for C-1 and M-1 zones.
The Type II administrative review process is used for permitting special uses in the C-1 and M-1 zones, except that the City Administrator may directly refer a special use application to the Planning Commission for a Type III process or require the applicant to use the site plan review process, as in accordance with Chapter 19.15 HMC. [Ord. 987 § 1 (Exh. A), 2022.]
18.50.040 C-1 and M-1 artisanal and light manufacture uses.
1. Purpose. The following provisions are intended to encourage mixed-use development, including cottage industries and business incubators, by integrating small-scale manufacturing with commercial uses. For the purposes of this section, artisanal uses are those that blend manufacturing and retail uses such as brewpubs, winery tasting rooms, artist studios, cabinet makers, and similar uses, on the same site.
2. Applicability. The following standards apply where manufacturing uses are allowed in commercial zones and where retail uses are allowed in industrial zones.
3. Standards.
a. Where a manufacturing use is allowed in a commercial zone, it shall be wholly enclosed in a building except as unenclosed operations may be authorized by a conditional use permit (Chapter 19.25 HMC).
b. A manufacturing use in the C-1 zone shall not exceed the lesser of 50 percent of any adjacent commercial use or 5,000 square feet.
c. Where a manufacturing use is allowed in the C-1 or M-1/M-2 zone and the subject site is located within 100 feet of a residential zone, the City may limit the hours of operation of the commercial or industrial uses to between 6:00 a.m. and 10:00 p.m. whenever noise generation exceeds actual ambient background noise levels by 60 dB for more than 15 minutes between the hours of 10:00 p.m. to 7:00 a.m. and 80 dB for more than 15 minutes between the hours of 7:00 a.m. to 10:00 p.m.
d. Manufacturing uses in commercial zones shall be limited to those uses that produce no additional air pollution or noxious odors.
e. Where a commercial use is allowed in an industrial zone, it shall be permitted only in conjunction with a primary industrial use and shall not exceed the lesser of 50 percent of the floor area of the primary industrial use or 5,000 square feet.
f. A commercial use in/on a vacant industrial zone parcel shall be permitted only if:
(1) It is under 5,000 square feet; and
(2) It meets all C-1 and development standards of Table 18.45.040.5.
(3) It meets all M-2 (Table 18.45.040.5) standards and the requirements of this subsection (3). [Ord. 987 § 1 (Exh. A), 2022.]
18.50.050 Duplex dwellings.
1. Purpose. The following provisions are intended to promote compatibility between duplex dwellings and single-family dwellings in the R-1, R-2 and R-3 zones.
2. Applicability. The following standards apply where a duplex is proposed on a lot abutting a lot containing a single-family dwelling. The standards are applied through a Type II review procedure, prior to submittal of building plans to the Building Official.
3. Standards. The duplex shall meet all of the following standards:
a. The duplex shall not exceed the height of the subject single-family dwelling by more than 10 percent.
b. The duplex shall have no blank wall oriented to a street. This standard is met if any elevation facing a public street is composed of not less than 20 percent windows and door surface area, exclusive of garage door.
c. The roof form on the duplex (e.g., gable, flat, or hipped) shall be the same as the roof form of any adjacent single-family dwellings.
d. The duplex shall not exceed the lesser gross floor area of:
(1) Fifteen percent larger than the combined size of the closest two single-family dwellings on abutting lots (or two times the size of the closest dwelling if there is only one abutting lot containing a single-family dwelling); or
(2) Four thousand five hundred square feet.
e. In R-1 zones, the duplex minimum lot size shall be 9,000 square feet.
f. In the R-2 zones, the duplex minimum lot size shall be 7,000 square feet.
g. In the R-3 zones, the duplex minimum lot size shall be 6,000 square feet. [Ord. 987 § 1 (Exh. A), 2022.]
18.50.060 Townhomes, attached single-family dwellings, special review criteria.
1. Purpose. The following provisions are intended to promote a compatible building scale where attached single-family (townhome) dwellings are proposed, while minimizing the impact of garages along street fronts and creating a streetscape that is conducive to walking.
2. Applicability. The following standards apply to new attached single-family (townhome) dwellings in all residential zones. The standards are applied through the zoning checklist. Those not meeting these requirements must meet the review standards and criteria of a site plan review pursuant to Chapter 19.15 HMC, prior to issuance of building permits.
3. Standards. Where attached single-family (townhome) dwellings are proposed, the structure(s) shall meet all of the following standards:
a. Each building shall contain not more than four consecutively attached dwelling units and not exceed an overall length or width of 125 feet.
b. The primary entrance of each dwelling unit shall orient to a street or an interior courtyard that is not less than 24 feet in width. This standard is met when the primary entrance faces or is within 45 degrees of parallel to an abutting street or courtyard.
c. Where the subject site is served by an existing or planned alley, vehicle access shall be from the alley and all garage entrances shall orient to the alley. Planned alleys shall be at least 24 feet in width.
d. The development standards of Chapter 18.45 HMC and the building and site design standards of Chapters 18.60 through 18.75 HMC shall be met.
e. Every dwelling unit in a townhouse/attached single-family dwelling shall, on the primary entrance side, be composed of not less than 20 percent windows and door surface area, exclusive of the garage door(s).
f. The standards of this subsection (3) shall be met.
g. Attached single-family (townhome) dwellings that include an attached row of three or more dwelling units shall provide a total of five or more off-street parking locations, consistent with HMC 18.80.020(3)(a) and (b). [Ord. 1002 § 1 (Exh. A), 2024; Ord. 987 § 1 (Exh. A), 2022.]
18.50.070 Multifamily development.
1. Purpose. The following standards are intended to ensure that multifamily developments are planned with adequate open space and are designed to prevent conflicts between residential uses, and provide on-site recreation, and vehicle circulation and parking areas. The standards supplement the design standards of Chapters 18.60 through 18.90 HMC.
2. Applicability. This applies to new multifamily developments of three or more dwelling units in the R-2 and R-3 zones.
3. Standards.
a. Common Open Space and Landscaping. A minimum of 25 percent of the site area in the R-2 district and 20 percent of the site area in the R-3 district shall be designated and permanently reserved as common area, landscaped area, recreation area, or open space, in accordance with all of the following criteria:
(1) “Site area” for the purposes of this section is defined as the subject lot or lots after subtracting any required dedication of street right-of-way.
(2) The common area or open space shall contain one or more of the following: outdoor recreation area, tree grove (e.g., existing mature trees), turf play fields or playgrounds, sports courts, swimming pool, walking fitness course, natural area with picnic benches, or similar open space amenities as appropriate for the intended residents.
(3) In order to be counted as eligible toward the minimum open space area, such areas shall have dimensions of not less than 20 feet in every direction.
(4) Open space and common areas not otherwise developed with recreational facilities shall be landscaped; alternatively, the City Planning Commission or City Administrator may approve a tree preservation plan (retain mature tree groves) in lieu of landscaping.
(5) Up to one-half of the required common open space may be met by one or more structures offering recreational, meeting spaces, or cooking/eating facilities.
b. Private Open Space. Private open space areas shall be required for dwelling units based on the following criteria:
(1) A minimum of 80 percent of all ground-floor dwelling units shall have front or rear patios or decks containing at least 48 square feet of usable area. Ground floor housing means the housing unit entrance (front or rear) is within five feet of the finished ground elevation (i.e., after grading and landscaping).
(2) A minimum of 80 percent of all upper-floor housing units shall have balconies or porches containing at least 48 square feet of usable area. “Upper-floor housing” means housing units that are more than five feet above the finished grade.
(3) Affordable housing units with 50 percent or more of the site area designated and permanently reserved as landscaped common or recreational area shall be allowed to eliminate balconies or porches.
c. Access, Circulation, Landscaping, Parking, Public Facilities. The standards of Chapters 18.60 through 18.85 HMC shall be met.
d. Trash Storage. Trash receptacles, recycling, and storage facilities shall be oriented away from building entrances, set back at least 10 feet from any public right-of-way and adjacent residences and shall be screened with an evergreen hedge or solid fence or wall of not less than six feet in height. Receptacles/trash storage area must be accessible to trash trucks. [Ord. 987 § 1 (Exh. A), 2022.]
18.50.080 Dwellings in commercial and mixed employment zones.
1. Purpose. This section provides standards for residential uses in the C-1, M-1, M-2, and PUZ zones.
2. Applicability. This section applies to dwellings in the C-1, M-1, M-2, and PUZ zones.
3. Standards. Residential uses in the C-1, M-1, and PUZ zones shall conform to all of the following standards:
a. New residential uses shall not be located in a ground building floor space within the historical district overlay zone.
b. New residential uses within the historical district overlay zone shall be permitted only above or below a ground-floor space approved for a permitted nonresidential use.
c. New residential uses in the C-1 zone are not allowed except as part of a mixed-use development requiring a site plan review or master planned development application.
d. Single-family dwellings lawfully existing as of the date of adoption of this chapter may continue as permitted uses; and in the event of involuntary damage or destruction due to fire or other event beyond the owner’s control, such single-family use may be rebuilt and reestablished pursuant to HMC 18.45.030 and applicable building codes.
e. New residential uses in the C-1, M-1, M-2, and PUZ zones shall consist of not more than two dwelling units per parcel, each dwelling unit not to exceed 2,500 square feet, and off-street parking provided for at least three vehicles, except for the historical district overlay.
f. New residential uses in the C-1, M-1, and M-2 zones shall not exceed a lot/parcel coverage ratio of 40 percent. [Ord. 987 § 1 (Exh. A), 2022.]
18.50.090 Family daycare.
Family daycare uses are limited to on-site care for not more than 16 children and shall conform to the State licensing requirements and standards under ORS 657A.250 and 657A.440(4). Family daycare uses must also have a current City of Harrisburg business license. [Ord. 987 § 1 (Exh. A), 2022.]
18.50.100 Residential care homes, residential care facilities and childcare facilities.
Residential care homes, residential care facilities, and childcare facilities, where allowed, shall conform to all of the following standards and procedures. Residential care facilities are not the same as acute care facilities, which are classified as community service uses, and they are not the same as senior housing facilities that provide limited or no medical care, which are classified as multifamily housing.
1. Licensing and State Requirements. Residential care homes, residential care facilities, and childcare facilities shall be licensed by the State of Oregon and comply with State requirements.
2. Residential Care Homes. Residential care homes, permitted in all residential zones, may provide residential care alone, or in conjunction with treatment or training, for five or fewer individuals who need not be related. Staff required to meet State licensing requirements is not counted in the number of facility residents and need not be related to each other or the residents. The same development code standards that apply to single-family dwellings also apply to residential care homes, except where State law supersedes City standards.
3. Residential Care Facilities. Residential care facilities, permitted in all residential zones, may provide residential care alone, or in conjunction with treatment or training, for between six and 15 individuals who need not be related. Staff required to meet State licensing requirements is not counted in the number of facility residents and need not be related to each other or the residents. The same development code standards that apply to multiple-family dwellings also apply to residential care homes, except where State law supersedes City standards.
4. Childcare Facilities. Childcare facilities are permitted as “S” type review and standards as applicable to and consistent with the requirements of the R-3 zone as contained herein.
5. Access. The access and circulation standards of Chapter 18.70 HMC shall be met.
6. Parking. The parking standards of Chapter 18.80 HMC shall be met.
7. Landscaping. Residential care facilities are required to comply with the landscaping and screening standards of Chapter 18.75 HMC. The City may require the installation of a landscape hedge or fence on the property line separating a residential care facility from an abutting lot containing a single-family dwelling for the purposes of visual screening and privacy between uses.
8. Building Design Standards. Residential care facilities are required to comply with the building orientation and design standards for multifamily housing, pursuant to Chapter 18.60 HMC; except where a State requirement conflicts with a City standard, the State requirement, not the City standard, shall apply. The building design standards do not apply to residential care homes.
9. Review Procedure. Residential care homes, other than a childcare center, are subject to review and approval through a Type II review procedure under HMC 19.10.030 prior to issuance of building permits. Residential care facilities are subject to a Type III (public hearing) review and approval under HMC 19.10.040. [Ord. 987 § 1 (Exh. A), 2022.]
18.50.110 Home occupations.
1. Purpose. The purpose of this section is to encourage those who are engaged in small commercial ventures that could not necessarily be sustained if it were necessary to lease commercial quarters, or which by the nature of the venture are appropriate in scale and impact to be operated within a residence.
2. Applicability. This section applies to home occupation uses in residential zones. A home-based business in a commercial or residential-commercial zone is considered a commercial use and is not subject to the standards of this section.
3. Home Occupation in Residential Zones. Home occupations are permitted, provided the owner completes a home occupation registration form and obtains a City of Harrisburg business license and meets the requirements of Chapters 5.05 and 5.07 HMC.
4. Home Occupation Standards. Home occupations shall conform to all of the standards of Chapter 5.07 HMC, except the City Administrator may require a conditional use permit in accordance with Chapter 19.25 HMC. All uses and structures on the subject property conform to applicable City regulations, including, but not limited to, building codes and nuisance regulations.
5. Enforcement. With cause, the City’s Code Enforcement Officer or other law enforcement official may visit a home occupation site to inspect the site and enforce the provisions of this code.
a. Any violations noted by the inspecting officer shall be corrected within 15 days;
b. Failure to correct a violation will result in the issuance of a citation and complaint, and resultant fine as per Chapter 1.10 HMC;
c. Failure to pay the fine levied in Municipal Court within the time period as determined by the Municipal Judge will further result in an indefinite suspension of the home occupation license until such time as the enforcement officer confirms that all violations have been corrected. [Ord. 987 § 1 (Exh. A), 2022.]
18.50.120 Manufactured home on a single-family lot.
Manufactured homes are permitted on individual lots, subject to all of the following design standards. Manufactured dwellings relocated into the City of Harrisburg shall conform to City standards. The following standards do not apply to dwellings lawfully established and existing within the City prior to the effective date of this chapter. See also Chapter 18.45 HMC and HMC 18.50.130 and 18.50.140, respectively, regarding mobile home and manufactured home parks, and mobile homes and recreational vehicles used as dwellings.
1. Floor Plan. The manufactured home shall be multi-sectional and have an enclosed floor area of not less than 1,000 square feet and be at least 20 feet wide.
2. Roof. The manufactured home shall have a pitched roof with a slope not less than three feet in height for each 12 feet in width (14 degrees).
3. Residential Building Materials. The manufactured home shall have exterior siding and roofing which in color, material, and appearance are similar to the exterior siding and roof material used on nearby residences; horizontal wood or horizontal wood-appearance siding and composite roofing is also permitted.
4. Garages and Carports. A carport or garage sufficient to house two or more vehicles shall be constructed of materials and of similar appearance to those used on the home prior to manufactured home occupancy.
5. A manufactured home will be considered new construction and all City requirements for curbs, gutters, sidewalks and landscaping shall be complied with.
6. At time of placement, the manufactured dwelling shall be in good repair, free of damage or any internal or external material defects and built after June 15, 1976, and conform to the NHCSA Act of 1974, as amended, and fully prepared for human habitation.
7. Wheels, axles, and tongue shall be removed.
8. Thermal Envelope. The manufactured home shall be certified by the manufacturer to meet the thermal envelope requirements equivalent to those for a single-family dwelling constructed under the State Building Code. Evidence demonstrating that the manufactured home meets “Super Good Cents” energy efficiency standards, or an equivalent standard, is deemed to satisfy the exterior thermal envelope certification requirement.
9. Manufactured Dwelling Placement Permit. An approved permit is required prior to placement.
10. Placement. The manufactured home shall be placed on an excavated and continuous back-filled foundation and enclosed at the perimeter such that the manufactured home is located not more than 16 inches above grade and complies with the minimum set-up standards of the adopted State Administrative Rules for Manufactured Dwellings, OAR Chapter 918. Where the building site has a sloped grade, no more than 16 inches of the enclosing material shall be exposed on the uphill side of the home.
11. Floodplain. Manufactured homes shall comply with HMC 15.20.170 and 15.20.180 and the following standards:
a. The stand shall be a minimum of 12 inches above base flood elevation (BFE) unless the foundation wall is opened on one side or end so that floodwater cannot be trapped. (Manufactured Dwelling Specialty Code, 4-3.1(5))
b. The bottom of the longitudinal chassis frame beam in A zones, and the bottom of the lowest horizontal structural member supporting the dwelling in V zones shall be a minimum of 12 inches above BFE. See definition of “lowest floor”
in Manufactured Dwelling Specialty Code.
c. The manufactured dwelling shall be anchored to prevent flotation, collapse, or lateral movement during the base flood. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for anchoring techniques). (44 CFR 60.3(c)(6))
d. Electrical crossover connections shall be a minimum of 12 inches above BFE. (Manufactured Dwelling Specialty Code, 6-4.2(1))
12. Foundation Skirt. The foundation area of the manufactured home shall be fully skirted with concrete, horizontal wood or vinyl siding, or other materials, pursuant to applicable building codes and consistent with the rest of the manufactured dwelling. The foundation skirt shall be painted with a color and style consistent with the rest of the manufactured dwelling.
13. Prohibited. The manufactured home shall not be located in the City’s designated historic district (H-1) or next to any structure on the Harrisburg register of historic resources. [Ord. 987 § 1 (Exh. A), 2022.]
18.50.130 Mobile home and manufactured dwelling parks.
Mobile home and manufactured dwelling parks (not including recreational vehicles) are permitted on parcels of one acre to two and one-half acres, subject to compliance with subsections (1) through (6) of this section:
1. Permitted Uses. Single-family residences, manufactured home park manager’s office, home occupations, and accessory structures that are necessary for the operation and maintenance of the manufactured dwelling park (e.g., landscape maintenance).
2. Development Standards. Development of manufactured and mobile home parks, including placement of manufactured and mobile homes with a park, shall comply with applicable building codes and State requirements for mobile home and manufactured dwelling parks in ORS Chapter 446.
3. Perimeter Landscaping. When manufactured dwellings are oriented with their back or side yards facing a public right-of-way, the City may require installation of fencing and planting of a landscape buffer of five to 10 feet in width between the right-of-way and a manufactured home park for the privacy and security of park residents or for privacy of adjacent residences.
4. Manufactured Dwelling Design. In manufactured dwelling parks, manufactured homes shall meet the following standards:
a. The manufactured home shall have a pitched roof with a slope not less than three feet in height for each 12 feet in width (14 degrees).
b. The manufactured home shall have exterior siding and roofing which in color, material, and appearance are similar to the exterior siding and roof material used on nearby residences; horizontal wood or horizontal wood-appearance siding and composite roofing is also permitted.
c. The maximum park density shall be one manufactured dwelling per 4,500 square feet of area within the park boundary.
d. Each structure on/in the park shall meet all setback standards of the R-3 zone except that minimum distance (setback) between manufactured dwelling units shall be 12 feet.
e. All manufactured dwelling parks shall provide separate recreational areas of the greater of 3,500 square feet or 250 square feet per dwelling space. Landscaped areas can serve as a credit toward meeting this requirement, but not to exceed 1,000 square feet. Structures such as clubhouses, playgrounds, fitness facilities, sport courts, etc., can meet the requirement.
f. A separate storage area of 750 square feet for every 10 (or portion thereof) dwelling spaces shall be provided.
g. Fencing, landscaping, internal circulations/streets, etc., shall meet the standards of Tables 18.45.040.4 and 18.45.040.5, and the minimum landscape area for the C-1 zone.
h. All standards of this section and Chapters 18.70 through 18.90 HMC shall be met.
5. City Administrator shall determine submission requirements for applications complying with this section.
6. All applications not consistent with these standards and requirements shall be required to make application under Chapter 19.15 HMC, Site Design Review. [Ord. 987 § 1 (Exh. A), 2022.]
18.50.140 Temporary mobile homes and recreational vehicles uses.
1. Temporary Uses. Temporary uses are characterized by their short term, occurring no more than four times in a calendar year, and for not longer than eight days cumulatively in any calendar year, as well as by the fact that permanent improvements are not made to the site. Temporary uses include, but are not limited to, construction trailers, leasing offices, parking lot sales, retail warehouse sales. This section contains permit procedures for three types of temporary uses, temporary sales offices and model homes, and temporary buildings, trailers, kiosks, RVs as dwellings, and other structures, as follows:
a. Temporary Sales Office or Model House. Through a Type II procedure, pursuant to HMC 19.10.030, the City shall approve, approve with conditions, or deny a temporary use application for a temporary sales office or model home, based on the following criteria:
(1) Temporary Sales Office. The use of any real property within the City as a temporary sales office or model home, for the purpose of facilitating the sale of real property, shall meet all of the following criteria:
(a) The mobile temporary sales office shall be located within the boundaries of the subdivision or tract of land in which the real property is to be sold.
(b) A mobile temporary sales office shall not be permanently improved for that purpose and shall be removed when home sales cease.
(c) A permanent model home or sales office shall meet these requirements, as well as all zoning and building codes.
(d) Public health, safety, and welfare shall be protected through conditions imposed by the City regarding temporary or permanent utility connections.
b. Temporary Buildings, Trailers, Kiosks, and Other Structures. Through a Type II procedure, pursuant to HMC 19.10.030, the City shall approve, approve with conditions, or deny an application for the placement and use of a temporary building, trailer, food truck, kiosk, or other structure, based on the following criteria:
(1) The use is permitted in the underlying zone.
(2) The applicant, if different than the property owner, has proof of the owner’s permission.
(3) Ingress and egress are adequate and do not raise safety concerns when the proposed use is combined with the other uses of the site, pursuant to Chapter 18.70 HMC, Access and Circulation.
(4) There is sufficient parking to accommodate the temporary use and other uses existing on the site, pursuant to Chapter 18.80 HMC, Parking and Loading.
(5) The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibrations, glare, or lights that affect an adjoining use in a manner in which other uses allowed outright in the district do not affect the adjoining use.
(6) The use is adequately served by sewer or septic system and water, as applicable, as needed.
(7) The structure does not violate any applicable building codes or requirements of Linn County Environmental Health.
(8) Except where specifically authorized by the City Administrator, the length of time that the temporary structure may remain on a site shall not exceed six consecutive months or a total of 10 months in any one calendar year.
(9) The applicant has obtained and will maintain all required licenses and permits.
(10) Public health, safety, and welfare are protected through the installation of a water meter, if necessary, and other improvements, as necessary.
c. Emergency Housing. Upon declaration of an emergency by Linn County or the State of Oregon that includes the City of Harrisburg, the City Administrator may approve the use of RVs or trailers as temporary housing for up to 12 months upon the issuance of a permit and approval of all relevant property owners. [Ord. 987 § 1 (Exh. A), 2022.]
18.50.150 Accessory structures – Type I or II depending upon zoning.
1. Type I or II Procedures.
a. If an accessory structure is located in a residential zone, then a Type I procedure will apply.
b. If an accessory structure is located in a commercial or industrial zone, then a Type II procedure will apply.
2. Number of Structures. A maximum of three accessory structures is allowed per legal lot except for:
a. Structures 200 square feet or less that are not more than 15 feet in height;
b. Structures in the C-1, M-1, M-2, and PUZ zones.
3. Floor Area. An accessory structure cannot exceed the lesser of 50 percent of the floor area of the primary structure or 1,000 square feet, and its height cannot exceed the primary dwelling.
4. Structure Design. Accessory structures include freestanding, metal-framed, canvas-covered, wood, metal, concrete, or glass sheds, garages, greenhouses, etc.
5. Screening and Buffering. The City may require landscaping or a fence to be installed to screen a new accessory building from abutting property uses.
6. Setbacks. Accessory structure walls must be set back at least three feet from the nearest property line. Roof overhangs and similar may encroach not more than one foot into the three-foot setback.
7. Permits. All accessory structures, except those of 200 square feet or less, require a building permit. Those structures with electrical, HVAC, or plumbing require those respective permits.
8. Prohibited Accessory Structures in Residential Zones. Nonallowed structures such as trailers, cargo/freight containers/boxes, or any structure consisting of easily damaged materials or construction, including dilapidated or dangerous structures.
9. Lot Coverage. The total lot coverage percentage of the primary structure, and all accessory structures shall not exceed the allowances of Table 18.45.040.4, except as may be adjusted. [Ord. 998 § 1 (Exh. A), 2023; Ord. 987 § 1 (Exh. A), 2022.]
18.50.160 Accessory dwellings.
Accessory dwellings, where allowed, are subject to review and approval through a Type II procedure, pursuant to HMC 19.10.030, and shall conform to all of the following standards:
1. One Unit. A maximum of one accessory dwelling unit is allowed per legal lot.
2. Floor Area. An accessory dwelling unit shall not exceed 1,000 square feet of floor area, or 60 percent of the primary dwelling unit’s floor area, whichever is smaller. The unit may be a detached cottage, a unit attached to a dwelling, or in a portion of an existing dwelling. The floor area of any garage associated with the primary dwelling is not included in the calculation of maximum floor area.
3. Lot Size. The minimum lot size for a lot with an accessory dwelling in the R-1 zone is 6,000 square feet. Total lot coverage of the primary and accessory dwelling cannot exceed the standards of Table 18.45.040.4, except as may be adjusted.
4. Building Design. The accessory dwelling shall comply with all applicable Oregon Structural Specialty Code requirements.
5. Building Types. Mobile or manufactured homes, cargo containers, and dwellings on wheels are prohibited as accessory dwellings or materials for accessory dwellings.
6. Building Height. The height of an accessory dwelling shall not exceed the height of the primary dwelling.
7. Screening and Buffering. The City may require a landscape hedge or fence be installed on the property line separating a detached accessory dwelling from an abutting lot containing a single-family dwelling for the purposes of visual screening and privacy between uses. Screening and buffering shall conform to the standards of Chapter 18.75 HMC.
8. Setbacks. All building and other setbacks required by Table 18.45.040.4 are applicable to accessory dwellings.
9. Utilities. The City’s Public Works Director shall determine whether a proposed accessory dwelling requires separate or additional water, sewer, or storm drainage services or connections to City utilities infrastructure. If one or more separate connections are required, systems development charges and land use fees shall be imposed as required by the City.
10. All accessory dwelling structures are required to obtain a building permit regardless of size.
11. Conversion of an accessory structure to accessory dwelling shall require a change of use building permit, regardless of size. [Ord. 987 § 1 (Exh. A), 2022.]
18.50.170 Bed and breakfast inns.
Bed and breakfast (B&B) inns in the R-1, R-2, and R-3 zones, where allowed, are subject to review and approval through a Type II procedure, pursuant to HMC 19.10.030, and shall conform to all of the following standards:
1. Accessory Use. The use must be accessory to a permitted residential use and conform to HMC 18.50.180.
2. Maximum Size. A maximum of five bedrooms for guests, and a maximum of 10 guests are permitted per night. New construction for bed and breakfast inns shall not exceed 3,500 square feet.
3. Length of Stay. The maximum length of stay is 28 days per guest(s) reservation of stay. Any longer stays are classified as a hotel or commercial lodging use.
4. Employees. The inn shall have not more than three nonresident employees on site at any one time. There is no limit on resident employees.
5. Food Service. Food service must be provided only to overnight guests of the B&B. A restaurant use in conjunction with a B&B is allowed only in the C-1 zone.
6. Signs. Signs shall not exceed a total of eight square feet of surface area on each side of one or two faces. Sign regulations in Chapter 18.90 HMC shall be met.
7. Screening and Buffering. The City shall require a landscape hedge or fence, or both, to be installed on the property line separating a detached accessory dwelling unit from an abutting single-family dwelling for the purposes of visual screening and privacy between uses. Screening, fencing and buffering shall conform to the standards of Chapter 18.75 HMC. [Ord. 987 § 1 (Exh. A), 2022.]
18.50.180 Special use standards in the public use zone.
1. Accessory Uses. The use must be accessory to any use permitted outright in each zone and meet the requirements of this section and HMC 18.50.150 through 18.50.170.
2. Maximum Size. Structures shall not exceed 3,000 square feet, may not include development of more than 50 percent (parking included) of the parcel or parcels proposed for development.
3. Approved Uses. At least 50 percent of any structure shall be accessible to the public, with or without fee, as well as 75 percent of all landscaped areas suitable for human use (trails, bike paths, parking, picnic areas, sports fields, etc.)
4. Screening and Buffering. The City shall require special landscaping and/or fencing to screen structures and uses from nearby residential uses for the purposes of privacy, reducing noise, etc., as required by Table 18.45.040.5 and HMC 18.75.030(1).
5. Churches, Religious Institutions. Churches and religious institutions are permitted in R-2, R-3, C-1, and PUZ zones if they conform to all of the following special standards:
a. Parcel size must be a minimum of 10,000 square feet.
b. Off-street parking is provided conforming to Table 18.80.030(5) and HMC 18.80.030.
c. The primary church structure shall not exceed 3,000 square feet. [Ord. 987 § 1 (Exh. A), 2022.]
18.50.190 Special use standards in the residential zones.
1. Purpose. The following provisions are intended to encourage a variety of residential uses and compatible uses in the residential zones. Compatible uses within walking distances of residential zones include uses such as small professional offices, personal services providers, transitory rentals, religious and community organizations and facilities and many others typically found in Harrisburg and similar small communities.
2. Applicability. The standards in this section are applicable to “S” rated uses, as per Table 18.45.030.
3. Standards.
a. Traffic. The traffic generated by the proposed use shall not exceed the greater of an estimated two times that of a single-family dwelling or two times the use generated per MFD.
b. All other City development and building standards as per Table 18.45.040.4 must be met.
c. Parking. “S” rated uses in the residential zones must provide adequate off-street parking to demonstrate compatibility with existing uses. Parking needs in excess of two times that of an SFD must be provided on site.
d. RV parks in the R-3 zone may not exceed three acres.
e. Commercial uses in the R-3 zone may not exceed a gross area of one acre nor structure(s) exceeding 3,000 square feet. [Ord. 1002 § 1 (Exh. A), 2024; Ord. 987 § 1 (Exh. A), 2022.]
18.50.200 Special use standards in the C-1 zone.
1. Purpose. The following provisions are intended to provide a variety of uses in the C-1 zone that promote business-related development that helps assure the long-term economic vitality of the zone and is compatible with small-scale retail and professional uses typical of the Harrisburg C-1 zone.
2. Applicability. These standards are required to be met by all “S” rated uses for the C-1 zone.
3. Standards.
a. Traffic. The traffic generated by the proposed use shall not exceed the greater of twice that of a 1,500-square-foot convenience store or equal to a 1,000-square-foot fast food restaurant.
b. All other City development and building standards as per HMC 18.45.040(5) must be met.
c. Parking. “S” rated uses in the commercial zones must provide adequate off-street parking to demonstrate compatibility with existing uses. Parking in excess of two times that of a 1,000-square-foot convenience store must be provided on site.
d. Total site area, including structures, parking and landscaping, cannot exceed two acres.
e. Uses may not begin prior to 6:00 a.m. nor continue after 10:00 p.m.
f. Noise generation may not exceed a measured average of 75 dB. [Ord. 987 § 1 (Exh. A), 2022.]
18.50.210 Special use standards in the M-1 and M-2 zones.
1. All uses must be open and available to the general public with or without fees.
2. All uses must meet all parking, setback, landscaping and related requirements of this code.
3. The site total area cannot exceed two acres including landscaping, building and parking, except for recreational uses that cannot exceed 10 acres.
4. Those uses that offer “drive-through” products or services to the public must provide a dedicated and paved automobile stacking area of at least 150 feet. [Ord. 987 § 1 (Exh. A), 2022.]
18.50.220 Special use standards in the PUZ zone.
1. All uses must be open and available to the public without fee (except fees for personal or professional services or club or fraternal uses that impose a standard membership fee).
2. Buildings or structures may not exceed 5,000 square feet.
3. On-site parking must equal or exceed the standards of an equivalent sized convenience store as described in the most recent version of the UTM.
4. Total site area may not exceed 20 acres. [Ord. 987 § 1 (Exh. A), 2022.]