Dunes City City Zoning Code
COMMUNITY COMMERCIAL
CC ZONE
§ 155.095 PURPOSE.
The Community Commercial (CC) Zone is intended to accommodate, at convenient locations within the city, commercial activities, which provide the basic goods and services needed by the surrounding residents, and provide appropriate tourist and recreational goods, services, and facilities consistent with the Comprehensive Plan.
(Ord. 259, passed - -)
§ 155.096 ALLOWED LAND USES.
In the CC Zone, the following types of buildings and uses are allowed as hereinafter specifically provided for by this subchapter, subject to the general provisions and exceptions set forth in this chapter:
(A) Any use permitted outright or conditionally in the R-1 Zone;
(B) Grocery stores and general stores;
(C) Stores selling bakery products, dairy products, meat, fish, fruit, vegetables, feed, and seed;
(D) Business and professional offices;
(E) Financial institutions;
(F) Nurseries and flora;
(G) Clinics;
(H) Restaurants and cafés;
(I) Barber and beauty shops;
(J) Curio and gift shops;
(K) Boat sales and repair service;
(L) Rental facilities for boats, recreational vehicles, and storage units;
(M) Post offices;
(N) Hotels and motels;
(O) Places of worship;
(P) Tourist parks;
(Q) Laundromats; and
(R) Marinas, boat launching, moorage facilities, boat rental, and charter services.
(Ord. 259, passed - -)
§ 155.097 CONDITIONAL USES/USES SUBJECT TO REVIEW.
(1) Taverns and cocktail lounges;
(2) Automobile or smaller vehicle repair shops;
(3) Lumber and building material stores;
(4) Hardware stores;
(5) Service stations, provided that greasing and tire repairing are performed completely within an enclosed building. This includes all automotive and marine fuel stations;
(6) Marinas, boat launching, moorage facilities, boat rental, and charter services; and
(7) Recreational marijuana processors.
(B) Manufactured home parks are allowed subject to approval granted through the subdivision or
planned unit development process of this chapter.
(C) Recreational vehicle (RV) parks are allowed subject to approval granted through the recreational vehicle (RV) parks approval process at § 155.432.
(D) Temporary seasonal and special events, temporary sales offices, or model homes and temporary buildings are allowed subject to approval granted through the temporary use permit process of § 155.415.
(Ord. 259, passed - -; Ord. 247, passed 7-11-2018)
§ 155.098 USES NOT ALLOWED.
§ 155.099 REQUIREMENTS IN GENERAL.
(A) Lot dimensions. The size, width, shape, and orientation of building sites shall comply with lot requirements where the depth and width of properties shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated. See § 155.007 for definitions, and §§ 155.500 through 155.504 for lot type drawings.
(1) Depth. Each lot shall have an average depth between the lot front line and the lot rear line of not less than 150 feet, and shall not be more than two and one-half times the average width between the lot lines. The two and one-half times requirement does not apply to lots greater than five acres in size.
(2) Frontage. Each lot shall have frontage of not less than 60 feet upon a street, except that a lot on the outer radius of a curved street or facing the circular end of a cul-de-sac shall have frontage of not less than 35 feet upon a street, measured on the arc. Lots with water frontage shall have a minimum of 50 feet frontage.
(B) Lot sidelines. Lot sidelines shall run at right angles to the street upon which the lots face, except that on curved streets they shall be radial to the curve.
(C) Land for public purpose. When the city, the school district, or other public agency has expressed a definite interest in acquiring a specified portion of a proposed division for a needed public purpose and there is reasonable assurance that steps will be taken to acquire the land, then the city may require that those portions of the division be reserved for public acquisition at a negotiated price for a period not to exceed six months from the date of City Council approval of a subdivision preliminary plan.
(D) Lake access. Common access may be provided within a subdivision where maintenance is
provided in deed covenants (CC&Rs).
(E) Setback measurement. Building setbacks are measured from the portion of a structure located nearest to its respective property line. Setbacks for decks and porches are measured from the edge of the deck or porch to the property line. The setback standards, as listed on the following table and illustrated in §§ 155.500 through 155.504 apply to primary structures as well as accessory structures. A variance is required in accordance with §§ 155.465 through 155.470 to modify any setback standard.
(Ord. 259, passed - -)
§ 155.100 SPECIFIC REQUIREMENTS.
CC Zone Lot and Structure Requirements | |
Item | Requirement |
CC Zone Lot and Structure Requirements | |
Item | Requirement |
Lot area | 1 acre minimum |
Lot average width | 150 ft. minimum |
Lot coverage: Structures Structures with impervious surfaces | 50% maximum 70% maximum |
Riparian area | 50 ft. (water-dependent uses excluded) |
Significant wetlands: Delineated wetland Non-delineated wetland | 0 ft. 50 ft. |
Structure height: Height from average grade | Lesser of 32 ft. or 2 1/2 stories maximum |
Structure setbacks: Front yard Front yard Rear yard Shoreline Side yard (corner lot) Side yard (interior lot) | 30 ft. from Highway 101 right-of-way 25 ft. from property line 10 ft. from property line 50 ft. (water-dependent uses excluded) 15 ft. from property line 10 ft. from property line |
(Ord. 259, passed - -)
§ 155.101 ADDITIONAL REQUIREMENTS.
(A) Additional setback requirements; building features. The following building features may project into the required front yard setback no more than five feet, and into the required interior yard setback no more than two feet:
(1) Eaves, cornices, belt courses, sills, awnings, buttresses, air conditioners, or other similar features;
(2) Chimneys and fireplaces, provided they do not exceed eight feet in width;
(3) Porches, platforms, decks, or landings which do not extend above the level of the first floor of the building; and
(4) Signs conforming to all other applicable provisions of this chapter.
(B) Utility easements. Where a utility easement is recorded, the setback shall not be less than the width of the easement.
(C) Fences and walls. In the Community Commercial (CC) Zone, fences or walls not to exceed eight feet in height may be located or maintained in any yard, except where the requirements of vision clearance apply or within the shoreland setback area.
(Ord. 259, passed - -)
§ 155.102 SIGNS.
(A) Within the Community Commercial Zone, the erection of a new on-premises sign is allowed after an application is submitted and city approval is granted pursuant to the Type I process at § 155.283. An application to erect a new sign must include a design drawing done to scale, indicating the dimensions and height of the sign and be accompanied by the required fee.
(B) Existing signs that are legal non-conforming uses or that have a valid sign permit may be repaired and repainted without obtaining a new permit, so long as there is no significant change in the general dimensions or height. Such a significant change would make it necessary to obtain a permit and comply with the requirements of § 155.098.
(C) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PREMISES. A single commercially-zoned lot or group of commercially-zoned lots upon which a business enterprise, or combination of business enterprises, operates from a single continuous structure.
SIGN, BUILDING-MOUNTED. A sign affixed to the roof of a building or a painted sign attached to the exterior of a building or improvement.
SIGN, DIRECTIONAL. A sign which guides customers to areas such as parking, laundry facilities, restrooms, boat ramps, and the like, and whose principal purpose is not to solicit additional business.
SIGN, FREESTANDING. A sign not attached to any building or improvement.
(D) The standards for new signs in the CC Zone are as follows:
(1) Prohibited signs. Signs equipped with moving, rotating, or otherwise animated parts, signs with flashing or intermittent lights or lamps, signs with oral or olfactory devices, signs that would block other allowed signs or traffic control signs, signs which would interfere with, mislead, or obstruct traffic control signs and thereby interfere with the motoring public, and any sign that is found to be a public nuisance pursuant to Chapter 91.
(2) Height of sign. No sign in the city shall exceed 16 feet in height from ground level or the roadway surface, whichever is higher.
(Ord. 259, passed - -)
§ 155.103 RECREATIONAL MARIJUANA PROCESSORS.
(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MARIJUANA. All parts of the plant Cannabis family cannabaceae, whether growing or not; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin. It does not include the stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.
MARIJUANA BUSINESS. Any business licensed by the State Liquor Control Commission to engage in the business of producing, processing, wholesaling, researching, testing, or selling marijuana or marijuana items.
RECREATIONAL MARIJUANA PROCESSOR. Any business licensed by the State Liquor Control Commission for processing, wholesaling, researching, testing, or selling marijuana or marijuana items.
(B) In addition to all other requirements set forth in this subchapter, recreational marijuana processors shall comply with the following additional standards:
(1) All recreational marijuana processors shall hold, in good standing, a license issued by the State Liquor Control Commission;
(2) The facility must comply with all applicable laws and regulations of the city code including, but not limited to, the development, land use, zoning, building, fire, and business license codes;
(3) All doorways, windows, and other openings shall be located, covered, or screened in such a manner to prevent a view into the interior from any exterior public or semipublic area;
(4) Facilities must use an air filtration and ventilation system which is certified by a state licensed mechanical engineer to ensure, to the greatest extent feasible, that all objectionable odors associated with the marijuana processing is confined to the licensed premises. For purposes of this division (B)(4), the standard for judging objectionable odors shall be that of an average, reasonable person with ordinary sensibilities after taking into consideration the character of the neighborhood in which the odor is made and the odor is detected;
(5) Facilities must maintain adequate outdoor lighting over each exterior exit, however, such lighting shall be placed and directed in a manner to avoid reflection or glare on adjacent properties;
(6) Heat and glare created by the recreational marijuana processing must not be discernible at or beyond the property line;
(8) Written evidence must be provided to show that a plan showing and describing the security measures to be utilized within and around the facilities has been provided to the County Sheriff’s Department and Siuslaw Valley Fire and Rescue;
(9) Written evidence to show that all applicable fees have been paid and there are no governmental liens, fines, or violations existing against the property proposed for use by the recreational marijuana processor;
(10) Written evidence to show the water source that will serve the property proposed by the recreational marijuana processor;
(11) Recreational marijuana processors may not be located within 1,000 feet from the following facilities, measured in a straight line from the closest property line on which the recreational marijuana processing will take place to the closest edge of the property line on which the facility is located. The distance limitations between facilities are based upon the facilities surrounding the proposed recreational marijuana processor location at the time of submission of a completed application for conditional use permit:
(a) A public park;
(b) A campground or resort which serves children under 18 years of age; or
(c) A school bus stop location which serves children under 18 years of age, at the location of the stop at the time the conditional use permit is issued.
(12) No more than one recreational marijuana business may be located on the same property, parcel, address, or tax lot;
(13) No drive-up or drive through services shall be permitted; and
(14) Any other conditions deemed necessary by the Planning Commission or the City Council to protect the public health and safety of the residents of the city.
(B) Should the real property for which a conditional use permit for recreational marijuana processors has been issued pursuant to this subchapter no longer be used for the purpose of processing recreational marijuana, or should said real property change ownership in any manner, the conditional use permit shall be automatically terminated, effective immediately.
(Ord. 247, passed 7-11-2018)