17.12.010 Permitted uses | McMinnville Municipal Code

A. Site built single-family dwelling and Class A mobile home subject to the following standards.

1. If the dwelling is removed, the exposed foundation and any outbuildings must be removed within 90 days or, if notice is given to the city, 180 days will be allowed for installation of another home on the existing foundation; and

2. A Class A mobile home shall have a pitched roof with a minimum slope of a nominal three feet in height for each 12 feet of run; and

3. A Class A mobile home shall not be located adjacent to an historic landmark or within an historic district, as identified in the current McMinnville Historic Resources Inventory; and

4. A Class A mobile home shall be multisectional, at least 24 feet in width, and enclose a space of not less than 1,000 square feet; and

5. A Class A mobile home shall be placed on an excavated and back-filled foundation and enclosed at the perimeter such that the manufactured home is located not more than 12 inches above grade; and

6. A Class A mobile home shall have exterior siding and roofing which in material and appearance is similar to the exterior siding and roofing material which is comparable to the predominant materials used on surrounding dwellings, as determined by the planning director. This requirement shall not be interpreted to mean that the city is responsible for enforcing codes, covenants, and restrictions of any homeowner’s or other association; and

7. A Class A mobile home shall be certified by the manufacturer to have an exterior thermal envelope meeting performance standards which reduce heat loss to levels equivalent to the performance standards required of single-family dwellings constructed under the state building code as defined in ORS 455.010; and

8. A Class A mobile home shall have a garage or carport constructed of like materials. An attached or detached garage may be required in lieu of a carport where a garage is consistent with the predominant construction of immediately surrounding dwellings.

B. Two-family dwelling on a corner lot with nine thousand square feet minimum area provided the subdivision plat designates the lot as duplex;

C. A single-family dwelling having a common wall with one other single-family dwelling, provided:

1. Each dwelling unit shall be situated on an individual, legally subdivided or partitioned lot.

2. The two dwellings shall have a common wall at the “zero” lot line.

3. One of the lots shall be a corner lot approved for this use on a subdivision plat hereafter approved by the planning commission and filed in accordance with law, and:

a. Both lots combined shall comprise not less than nine thousand square feet in area. There is no minimum lot area for the individual lots created.

b. Lot area and setback requirements will apply to the combined dwelling units as one structure and the combined lots as one lot.

OR both lots shall be interior lots approved for this use on subdivision plat here after approved by the planning commission and filed in accordance with the law, and approved by the planning commission and filed in accordance with the law, and

c. Each lot shall comprise not less than nine thousand square feet in area.

d. The setback requirements will apply to each dwelling unit independently, except that the setbacks for the “zero” lot line shall be waived.

4. Each dwelling unit must have independent services which include but are not limited to sewer, water, and electricity.

5. The common wall shall be a fire wall and shall be of a kind of construction that will insure fire protection as per the Uniform Building Code as adopted by the State.

6. Common wall, single-family structures shall be required to provide a sound barrier at the common wall which has a sound transmission class rating of not less than 50 as per the Uniform Building Code as adopted by the State. The building technique used to achieve the sound barrier rating shall be the responsibility of the general contractor and will be accepted upon inspection if it meets the code requirements and is supported by proof of meeting sound emission controls as specified.

7. Existing duplexes will be allowed to be converted to common wall, single-family units if they meet the provisions of this title and were constructed after January, 1974;

D. Accessory dwelling unit (ADU) subject to the following standards:

1. The accessory dwelling unit may be established by:

a. Conversion of an attic, basement, or garage or any other portion of the primary dwelling;

b. Adding floor area to the primary dwelling, including a second story;

c. Construction of a detached accessory dwelling unit on a lot with a primary single-family dwelling; or

d. Construction of a new primary dwelling with the existing dwelling being designated the ADU and found in compliance with all requirements of this section. (Ord. 5040 §2, 2017).

2. The square footage of the accessory dwelling shall not exceed 50 percent of the primary dwelling exclusive of the garage, or 1,000 square feet, whichever is less. The minimum area shall be determined by the state of Oregon Building Codes Division. (Ord. 5040 §2, 2017).

3. The building coverage of a detached ADU may not be larger than the building coverage of the primary dwelling. (Ord. 5040 §2, 2017).

4. The accessory dwelling shall meet all applicable standards for this zone including, but not limited to, setbacks, height, and building codes in effect at the time of construction. The maximum height allowed for a detached ADU is the lesser of 25 feet or the height of the primary dwelling. (Ord. 5040 §2, 2017).

5. The structure’s appearance, including siding, roofing, materials, and color shall coincide with that used on the primary dwelling unit, including roof pitch, eaves, window fenestration pattern, etc. (Ord. 5040 §2, 2017).

6. One additional off-street parking space shall be provided (in addition to any off-street parking required for other uses on the same parcel or lot).

7. Not more than one accessory dwelling unit shall be allowed per lot or parcel.

8. The accessory dwelling unit shall contain a kitchen, bathroom, living, and sleeping area that completely independent from the primary dwelling.

9. Manufactured homes, recreational vehicles, motor vehicles, travel trailers and all other forms of towable or manufactured structures, not to include modular structures, shall not be used as an accessory dwelling unit. (Ord. 5040 §2, 2017).

10. ADUs are exempt from the residential density standards of this code. (Ord. 5040 §2, 2017).

11. Occupancy and use standards for an ADU shall be the same as those applicable to a primary dwelling on the same site. (Ord. 5040 §2, 2017).

12. The a legally non-conforming accessory structure located on residentially zoned land may be converted to an accessory dwelling unit in accordance with the requirements of Chapter 17.63 MMC (Nonconforming Uses). (Ord. 5040 §2, 2017).

E. Child care home (registered or certified family child care home), under the following provisions:

1. The structure is a residential dwelling unit.

2. The provider resides at the dwelling.

3. Child care is offered to not more than 16 children, including children of the provider, regardless of full-time or part-time status.

4. Requirements of the Oregon Building Codes (including any Fire Life Safety Code), as amended, are met.

5. Operator must have the appropriate licenses required by state regulations.

F. Day care facility (adult), under the following provisions:

1. The structure is maintained in its residential character; operators own, lease, or rent the property and reside therein; and the center is operated at a usage level equal to or subservient to the residential use of the structure.

2. Twelve or fewer people are present at any one time at the center.

3. Requirements of the Oregon Building Codes (including any Fire Life Safety Code), as amended, are met.

4. Operator must have the appropriate licenses required by state regulations.

G. Child care center, under the following provisions:

1. The facility is a city-owned park or recreation facility, a public school, or a conforming private school.

2. Operator must have the appropriate licenses required by state regulations, if applicable.

H. Residential home as defined in Chapter 17.06 (Definitions).

I. Social relief facility, under the following provisions:

1. The structure is maintained in its residential character; operators own, lease, or rent the property and reside therein; and the center is operated at a usage level equal to or subservient to the residential use of the structure.

2. Five or less people unrelated to the operator reside at the home at any one time.

3. Requirements of the Oregon State Structural Specialty and Fire Life Safety Code (UBC) as amended, are met.

J. Home occupation, subject to the provisions of Chapter 17.67 MMC (Home Occupations);

K. Model home, subject to the provisions of MMC 17.54.060;

L. Public park and recreation area;

M. Sewage pump station;

N. Satellite dish provided such dish is screened from abutting or facing residential properties by a sight obscuring fence, wall, or planting.

O. Resident occupied short term rental, subject to the provisions of Section 17.72.110 and the following standards:

1. Resident occupied short term rentals shall be allowed in single-family dwellings, common-wall single-family dwellings, and accessory dwelling units (ADUs). The structure shall retain the characteristics of a residence.

2. That the establishment be occupied full-time by a resident.

3. That no more than two guest sleeping rooms are provided on a daily or weekly basis for the use of no more than a total of five travelers or transients at any one time.

4. That a minimum of one off-street parking space be provided for the two permitted guest sleeping rooms. The required off-street guest parking may be provided on an existing parking lot located within 200 feet of the short term rental.

5. That signing be limited to only one nonilluminated or incidentally illuminated wooden sign not exceeding three square feet of face area.

6. That the duration of each guest’s stay at the short term rental be limited to no more than 30 consecutive days.

7. That smoke detectors be provided as per the requirements for “lodging houses” in Ordinance No. 3997 of this code.

8. Permits shall be issued to the current property owner at the time of application. Permits do not transfer with the sale or conveyance of the property. Upon any change in ownership, the short term rental permit for the subject property will become void. The use of the subject property as a short term rental by the new owner will again be subject to the application and review procedures in Section 17.72.110. The following situations are not deemed to be a change in ownership for the purposes of this section:

a. Transfer of property from a natural person(s) to a trust serving the same natural person(s) or to a family member pursuant to a trust; or

b. Transfer of ownership pursuant to a will or bequest upon the death of the owner.

9. Permits must be renewed annually. Failure to renew the short term rental permit annually will result in the permit becoming void, and the use of the subject property as a short term rental will again be subject to the application and review procedures in Section 17.72.110.

10. Complaints on conditions 1 through 9 above will be reviewed by the planning commission at a public hearing. The commission will review complaints based on the criteria listed in Sections 17.74.030 and 17.74.040. If the short term rental is found to be in violation of the criteria, the planning commission may terminate the use.

P. Short term rental, subject to the provisions of Section 17.72.110 and the following standards:

1. Short term rentals shall not be located within 200 feet of another short term rental, or on the same property as another short term rental.

2. Short term rentals shall be allowed in single-family dwellings, common-wall single-family dwellings, and accessory dwelling units (ADUs). The structure shall retain the characteristics of a residence.

3. That a minimum of one off-street parking space be provided for each guest room.

4. That signage is limited to only one nonilluminated or incidentally illuminated wooden sign not exceeding three square feet of face area.

5. That the duration of each guest’s stay at the residence be limited to no more than 30 consecutive days.

6. That smoke detectors be provided as per the requirements for “lodging houses” in Ordinance No. 3997.

7. That the property owner shall live within the geographic area of the 97128 zip code or shall provide contact information of a person living within the geographic area of the 97128 zip code who shall be available to respond immediately to any emergency or complaint related to the short term rental.

8. Permits shall be issued to the current property owner at the time of application. Permits do not transfer with the sale or conveyance of the property. Upon any change in ownership, the short term rental permit for the subject property will become void. The use of the subject property as a short term rental by the new owner will again be subject to the application and review procedures in Section 17.72.110. The following situations are not deemed to be a change in ownership for the purposes of this section:

a. Transfer of property from a natural person(s) to a trust serving the same natural person(s) or to a family member pursuant to a trust; or

b. Transfer of ownership pursuant to a will or bequest upon the death of the owner.

9. Permits must be renewed annually. Failure to renew the short term rental permit annually will result in the permit becoming void, and the use of the subject property as a short term rental will again be subject to the application and review procedures in Section 17.72.110.

10. Complaints on conditions 1 through 9 above will be reviewed by the planning commission at a public hearing. The commission will review complaints based on the criteria listed in Sections 17.74.030 and 17.74.040. If the short term rental is found to be in violation of the criteria, the planning commission may terminate the use. (Ord. 5104 §2 (Exh. B), 2021; Ord. 5047 §2 (Exh. C), 2018; Ord. 4988 §1, 2015; Ord. 4984 §1, 2014; Ord. 4952 §1, 2012; Ord. 4912 §3, 2009; Ord. 4796 §1(e), 2003; Ord. 4564 §2, §3, 1994; Ord. 4534 §5 (part), §7 (part), 1993; Ord. 4499 §1, 1991; Ord. 4477 §1, 1990; Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).