§ 17.44.020. Accessory uses

An accessory use shall comply with all requirements for a principal use except where specifically modified by this chapter.

A. Garage sales are permitted, provided:

1. The maximum length of a sale shall be four days;

2. The maximum number of sales permitted in a calendar year for each family is four;

3. There shall be a minimum of thirty (30) days between each sale at any single property;

4. All signs advertising a sale or directing the public to a sale shall be removed within forty-eight (48) hours of the completion of the sale.

B. A guest house may be maintained accessory to a dwelling provided there are no cooking facilities in the guest house.

C. Parking or Storage of Motor Vehicles and Recreational Vehicles.

1. A motor vehicle, boat, trailer, camper, motorized dwelling and similar recreational equipment may be parked or stored on a lot as an accessory to a dwelling in a driveway, designated paved or gravel parking area, rear yard or side yard.

2. A motor vehicle, boat, trailer, camper, motorized dwelling and similar recreational equipment may not be parked or stored in a front yard or street side yard, unless placed in a driveway or designated paved or gravel parking area.

3. No person shall store or permit to be stored on a street or other public property any motor vehicle, boat, trailer, camper, motorized dwelling, similar recreational vehicle or personal property, without permission of the council, for a period in excess of twenty-four (24) hours as specified in Section 10.16.070 of the Mill City Municipal Code.

4. A vehicle stored on a private property shall not violate the city's nuisance code, Chapter 8.04 of the Mill City Municipal Code which prohibits the storage of junk, vehicle parts, and/or an inoperable or unregistered motor vehicle.

D. Use of Tractor Trailers, Trailer Boxes or Storage Containers Prohibited. The use of tractor trailer boxes (with or without wheels) and or shipping containers is prohibited in all zones, except as follows:

1. The temporary use of not more than one storage container, with a maximum size of two hundred (200) square feet, during construction of a permanent building, subject to the following conditions:

a. The storage container shall be placed in the driveway, side or rear yard.

b. The storage container must be removed from the property not later than one year from the date of the issuance of the building permit for the permanent building by the Linn County building department.

c. If the storage container is not removed by the property owner in a residential zone, then the city may proceed with removal of the storage unit under the city's summary abatement procedures in Chapter 8.04 of this code;

2. The temporary use of a garbage or recycling container provided by the city's garbage franchise holder; and/or

3. The on-going use of a recycling container provided by the city's garbage franchise holder to a public or not for profit entity within a public, commercial or industrial zone, subject to approval by the city council.

E. RV Use as a Temporary Residence. The use of a recreation vehicle as a temporary residence is permitted provided that:

1. The use of a self-contained recreational vehicle as a residence does not exceed thirty (30) days in a calendar year;

2. The use of the recreational vehicle as a residence has been approved to be occupied by a park host as a dwelling accessory to a permitted use in the public "P" zone and is covered by the provisions of subsection E of this section;

3. The use of the recreational vehicle as a temporary residence has been approved to be occupied by the owner of the property for a period of up to one year during construction of a new home in accordance with subsection F of this section; or

4. A conditional use permit is approved granting the use of the recreational vehicle as a temporary secondary residence due to a medical hardship in accordance with subsection G of this section and Chapter 17.52 of this title.

F. RV Use for a Park Host. Standards for a recreation vehicle to be occupied by a park host or caretaker as a dwelling accessory to a use permitted in the public "P" zone are as follows:

1. An application to place a recreation vehicle as a park host in the public "P" zone shall be submitted to the planning commission for review and approval. The application shall include:

a. A completed application to use a recreational vehicle as a "park host" RV site;

b. A completed "park host agreement" form;

c. A site plan showing the proposed location of all buildings, including the temporary residence, proposed screening, fencing or landscaping and how water supply, sewage disposal and electrical connections shall be accomplished in a safe and approved manner;

d. A filing fee in accordance with Section 17.64.070 of this title;

2. The planning commission shall consider the application at a regular meeting. However, no public hearing is required;

3. The permit may be approved by the planning commission upon affirmative findings that:

a. The "park host" use will be a benefit to the public,

b. The placement of the temporary residence will comply with all other standards of this section,

c. The value, use and enjoyment of neighboring properties will not be adversely affected;

4. The recreational vehicle shall be connected to the city water system and may be connected to the city sewer system, upon approval of the city. All water, sewer, plumbing and electrical installations shall comply with applicable city ordinance, building codes, state statutes and administrative rules;

5. The recreation vehicle shall have a floor area of at least one hundred twenty (120) square feet;

6. There shall not be more than two adult occupants and not more than four total occupants residing in the recreation vehicle;

7. The recreation vehicle shall be separated from all other buildings on the property or on adjacent properties by at least ten (10) feet, except that the setback from residential structures shall be at least fifteen (15) feet;

8. The recreation vehicle shall be effectively screened from view from all residentially used or zoned properties which are within one hundred (100) feet from the location where the recreation vehicle is to be sited. The screening shall consist of a continuous fence or wall supplemented with landscaping and which is a minimum of five feet in height. The screening shall be maintained in good repair;

9. If the recreation vehicle is to be replaced on the property by another recreation vehicle, the replacement recreation vehicle may be reviewed and approved for placement by the zoning official if it is placed in the same location and complies with all of the requirements of Section 17.44.020 of this title and the city council has approved a new park host agreement;

10. Payment of systems development charges is not required at the time of connection to the system;

11. The planning commission may vary the strict application of these rules or may establish additional conditions for the placement of the recreational vehicle on the property at the time of approval of the "park host" or "caretaker" permit;

12. Upon approval of the permit to locate a recreational vehicle for a "park host," the council will review and may approve or deny a "park host" agreement for each use of the park host RV site. The planning commission will not review the "park host" agreement for each new park host. However, the terms of the park host RV site permit shall be attached to each "park host" agreement signed by the each park host.

G. RV Use During Construction. Standards for a recreation vehicle to be occupied as a temporary residence during construction of a new home in the R-1, R-2, CC and CH zones and construction of a commercial, industrial or public building in any zone are as follows:

1. An application for a permit to use a recreational vehicle during construction shall be submitted to the city. The application shall include:

a. A completed application form;

b. A site plan showing the proposed location of all buildings, including the location for recreational vehicle, proposed screening, fencing or landscaping (if any) and how water supply, sewage disposal and electrical connections shall be accomplished in a safe and approved manner;

c. A filing fee in accordance with Section 17.64.070 of this title;

d. A statement from the applicant certifying that the applicant will comply with subsections (G)(3) through (G)(9) of this section.

2. The zoning official shall be the decision authority.

3. The recreational vehicle must be occupied by the owner of the lot on which the recreational vehicle is located (if a new home is being constructed) or by a contractor or subcontractor (if a public, commercial or industrial structure is being constructed).

4. The recreational vehicle may not be occupied until after the building permit has been issued by the city.

5. The recreational vehicle may be occupied for a period of up to one year and only during a period in which satisfactory progress is being made toward the completion of the structure on the same site.

6. Not more than thirty (30) days after final inspection and approval of the permanent structure (housing unit, public, commercial or industrial building) by the building official or upon expiration of the building permit, whichever comes first, the property owner shall remove the recreational vehicle from the lot or store it in accordance with subsection (B) of this section.

7. Upon written request, the zoning official may grant not more than two six-month extensions while the structure is under construction.

8. Evidence shall be presented showing that arrangements have been made for electric, water and sewer utility service to the recreational vehicle. [Note: The city may require the applicant to retain septage in a holding tank and dispose of at a RV sewage dumping station rather than connecting to the city sewer or place a temporary on-site portable restroom on site.]

9. The recreation vehicle shall be separated from all other buildings on the property or on adjacent properties by at least ten (10) feet.

H. RV or Manufactured Home Use for a Medical Hardship. Standards for a recreation vehicle or manufactured home to be occupied as a temporary residence due to a medical hardship in the R-1, R-2, CC and CH zones are as follows:

1. An application for a permit shall be filed with the city using forms furnished by the city. The application shall include:

a. A completed conditional use permit application, including written authorization from the property owners;

b. A site plan showing the proposed location of all buildings, including the temporary residence, proposed screening, fencing or landscaping and how water supply, sewage disposal and electrical connections shall be accomplished in a safe and approved manner;

c. A completed building permit application, if a manufactured home is proposed as a temporary residence;

d. A filing fee in accordance with Section 17.64.070 of this title;

e. A written statement from the applicant describing the medical hardship, the individuals to be cared for and why no other alternative method of alleviating the hardship is readily available to the family;

f. A written statement from a medical physician licensed to practice in the state of Oregon. The physician's statement shall clearly state that the afflicted person needs daily supervision, care and/or assistance and the medical reasons for the need. The burden of proof showing medical need is required; financial hardship or a mere preference or unwarranted desire is insufficient justification for the application;

g. A statement from the applicant certifying that the applicant will comply with subsections (H)(4) through (H)(9) of this section.

2. The planning commission shall consider the application in accordance with the conditional use permit requirements in Chapter 17.52 of this title.

3. The permit may be approved by the planning commission upon affirmative findings that:

a. There is a medical hardship and the granting of the permit will alleviate substantial personal hardship by providing a temporary residence where care or assistance will be provided to a dependent family member.

b. The temporary residence will be occupied by members of the immediate family who will either provide assisted living services and/or medical care to residents of the existing home or will receive assisted living services or medical care from residents of the existing home.

c. The placement of the temporary residence will comply with all other standards of this section.

d. The value, use and enjoyment of neighboring properties will not be adversely affected.

4. The temporary residence may not be occupied until after the permit has been issued by the city.

5. The permit will expire after one year, unless annual extensions are granted by the planning commission.

6. Annual Renewal. Each conditional use permit granted under this section shall be reviewed annually by the planning commission. The permit will expire unless an extension is granted by the planning commission. Upon written request from the applicant, the planning commission may grant an annual extension of the permit if it finds the hardship situation has not changed substantially.

7. The temporary residence will be served with electric, water and sewer utility service in compliance with building code requirements or city ordinances. No permanent electrical or sewer connections to a recreational vehicle will be permitted. All set-up and connections for a manufactured home must comply with applicable sections of the state of Oregon Manufactured Dwelling Code, state statutes and administrative rules and city ordinances.

8. The temporary residence shall be separated from all other buildings on the property or on adjacent properties by at least ten (10) feet and shall be screened with fencing or landscaping from adjacent properties.

9. Upon the expiration of the permit, the applicant and property owner shall agree in writing to remove the temporary residence from the lot within sixty (60) days or the owner will store the recreational vehicle in accordance with Section 17.44.020(B) of this title.

(Ord. 339 § 5, 2006: Ord. 333 § 2, 2005; Ord. 320 § 5, 2004: Ord. 273 § 5.020, 1998)

(Ord. No. 358, § 9, 7-13-2010; Ord. No. 363, § 4, 4-24-2012; Ord. No. 369, § 6, 8-13-2013)