In a CH zone the following regulations shall apply.

(Ord. 353 § 2 Exh. B (part), 2008)

In a CH zone, the following uses and their accessory uses are permitted outright:

A.

Any use permitted outright or conditionally in the R-1 or R-2 zone, except for manufactured home park and public utility facility;

B.

A single-family dwelling occupied by the owner, manager, night watchman or caretaker of the commercial establishment may be permitted accessory to the commercial use. If the dwelling is attached to or is an integral part of the building housing the commercial or industrial use, residential lot size and setback requirements may be waived. A manufactured home or recreational vehicle is not permitted as a caretaker residence in a commercial or industrial zone.

C.

The replacement of one commercial enterprise by another. If the zoning official determines that the proposed use or development meets the criteria under Section 17.24.025(B) (Actions subject to the Oregon Highway 22-Access Management Plan), then a site plan review shall be required.

(Ord. 353 § 2 Exh. B (part), 2008)

(Ord. No. 384, § 1, 12-22-2015)

A.

In a CH zone, the following actions are subject to review by the city of Mill City and consultation with the Oregon Department of Transportation, in conformance with the applicable provisions of the Oregon Highway 22-Access Management Plan in Mill City:

1.

Zoning or plan amendment designation changes;

2.

Construction of new buildings;

3.

Addition of existing buildings by more than six hundred (600) square feet;

4.

Division or consolidation of property boundaries;

5.

Proposed change in land use (e.g., change from residential to commercial use, or from less intensive to more intensive commercial or industrial use);

6.

Proposed construction or modification of existing parking, driveway, or other site circulation area (paved or non-paved), including changes in circulation between multiple parcels;

7.

Reestablishment of a property's use after discontinuance for two years.

B.

An application for site plan review, as required under Section 17.24.050, and/or an application for land division review under Title 16, as applicable, shall be required when an action in subsection A of this section results in any of the following:

1.

Site traffic volume generation increases by more than two hundred fifty (250) average daily trips or twenty-five (25) peak hour trips (trips generated externally for multi-use developments);

2.

Highway operational problems occur or are anticipated as a result of the action;

3.

The action affects a highway approach that does not meet sight distance requirements;

4.

The action affects a highway approach that is not consistent with state highway safety factors, as prescribed under Oregon Administrative Rules. (OAR 734-051-0080(9));

5.

The action causes a ten (10) percent or greater increase in daily use of a highway approach by vehicles exceeding twenty thousand (20,000) pound gross vehicle weight.

C.

An effect in subsection B of this section may be determined by field counts, site observation, traffic impact study, field measurement, crash history, Institute of Transportation Engineer Trip Generation Manual, or information and studies provided by the city or ODOT.

D.

The following actions do not constitute a change of use: modifications in advertising, landscaping, general maintenance, or aesthetics not affecting internal or external traffic flow or safety; or buildout of an approved site plan or multi-phased development within the parameters of a traffic impact study that is less than five years old or where within parameters of the future year analysis of the traffic impact study, whichever is greater, and that is certified by a professional engineer.

(Ord. 353 § 2 Exh. B (part), 2008)

Any commercial use permitted in the CC zone is also permitted in the CH zone, subject to the provisions of Section 17.24.025, and subject to site plan review by the planning commission as specified in Section 17.24.050 of this chapter. The following activities require site plan review.

A.

The establishment of a new commercial enterprise on a lot which previously had been vacant, used only for a residential use, or used for another purpose;

B.

The construction of a building to house a commercial enterprise, unless that building is clearly accessory to the commercial operation and has a floor area of six hundred (600) square feet or less;

C.

The expansion of an existing commercial structure by over fifty (50) percent of the floor area, or six hundred (600) square feet, whichever is least;

D.

The replacement of one commercial enterprise by another if the zoning official determines that the proposed use or development meets the criteria under Section 17.24.025(B) (Actions subject to the Oregon Highway 22-Access Management Plan).

(Ord. 353 § 2 Exh. B (part), 2008)

(Ord. No. 384, § 2, 12-22-2015; Ord. No. 392, § 10, 2-14-2017)

In a CH zone the following uses and their accessory uses may be permitted subject to provisions in Section 17.24.025 of this chapter, the site plan review requirements in Section 17.24.050 of this chapter and the provisions in Chapter 17.52 of this title.

A.

Public utility facility.

B.

Medical marijuana processor, medical marijuana dispensary, recreational marijuana processor and recreational marijuana wholesale or retail outlet.

(Ord. 353 § 2 Exh. B (part), 2008)

(Ord. No. 384, § 3, 12-22-2015)

In a CH zone, a use that is subject to a site plan review shall comply with the site plan review provisions in Sections 17.76.010 to 17.76.060 of this title and the following requirements:

A.

Within five days of acceptance of the site plan application, the city shall furnish one copy of the proposal to the Oregon Department of Transportation (ODOT), the Mill City Rural Fire Protection District, and to all other affected city, county, state and federal agencies, special districts and utilities, as determined appropriate by the city and as outlined in Section 17.64.080 of this title.

B.

Hearing and Action on a Site Plan Review Application. Before the planning commission may act on an application for a site plan review it shall hold a public hearing thereon in accordance with the provisions of Sections 17.64.080 and 17.64.090 of this title. Hearing notice shall be provided to the Oregon Department of Transportation. After the public hearing is closed, the planning commission shall approve, deny, or approve with conditions or modifications, the site plan review application based on the site plan review standards and criteria in Chapter 17.76 and the following additional criteria:

1.

Adequate on-site parking is available and is designed to facilitate the safe movement of traffic and pedestrians;

2.

Access to or from Highway 22 will conform to the Oregon Highway 22-Access Management Plan in Mill City provisions (highway access spacing, access management and streetscape/landscape improvements) under Section 17.24.090.

(Ord. 353 § 2 Exh. B (part), 2008)

(Ord. No. 358, § 5, 7-13-2010; Ord. No. 369, §§ 2—4, 8-13-2013; Ord. No. 392, § 11, 2-14-2017)

Except as provided in Section 17.44.020 of this title, the minimum lot size and width in a CH zone shall be as follows:

A.

For a building hereafter created or used for commercial purposes there is no minimum lot size or width.

B.

A building hereafter erected or used for dwelling purposes shall comply with the lot size and width requirements and the site plan review requirements of the R-2 zone.

(Ord. 353 § 2 Exh. B (part), 2008)

Except as provided in Section 17.52.030 of this title, in a CH zone no building or structure shall exceed thirty-five (35) feet in height.

(Ord. 353 § 2 Exh. B (part), 2008)

In a CH zone yards shall be as follows:

A.

For a building or structure hereafter erected or used for commercial purposes the following regulations shall apply.

1.

Front Yard and Street Side Yard. None is required, except for a corner lot, where a fifteen-foot vision clearance area is required;

2.

Side Yard. Where the interior lot line of a lot in a CH zone abuts an interior lot line of a lot in a residential zone there shall be a landscaped side yard of at least ten (10) feet, the purpose of which is to provide screening and/or buffering between commercial and residential uses. In other cases a side yard is not required, but, if provided shall be a minimum of five feet;

3.

Rear Yard. When a CH zone abuts a residential zone, a rear yard of ten (10) feet shall be required, the purpose of which is to provide screening and/or buffering between commercial and residential uses. In other cases, a rear yard is not required, but, if provided shall be a minimum of five feet.

B.

For buildings hereafter erected or used for dwelling purposes shall comply with the yard requirements of the R-2 zone.

(Ord. 353 § 2 Exh. B (part), 2008)

A.

All actions meeting the criteria under Section 17.24.025 shall conform to the Oregon Highway 22-Access Management Plan in Mill City and subsections B through E of this section, the purpose of which is to:

1.

Ensure that future roadway and access management needs are met;

2.

Maintain functional use and highway safety;

3.

Preserve the public investment in the highway; and

4.

Improve the appearance of the community and provide for pedestrian circulation, in conformance with required landscaping and streetscape standards.

B.

Highway Access Spacing Standards. All lots, parcels and tracts shall provide dimensions that accommodate state highway access spacing standards. The approval body may require changes to a proposed site plan, preliminary plat or property line adjustment to ensure compliance with the highway access spacing standards.

C.

Access Management. Where an action is subject to the Oregon Highway 22-Access Management Plan in Mill City under Section 17.24.025, the city may require one or more of the following to ensure its conformity to the plan:

1.

The combining of existing highway approaches for joint use, or require joint use for new approaches, consistent with the Oregon Highway 22-Access Management Plan in Mill City;

2.

The closure of approaches designated as "Temporary" as redevelopment occurs. The city may require an applicant to obtain a cross-access easement from an abutting property owner, consistent with the access management plan, prior to final approval of a development;

3.

Access be taken from a lower classification street (e.g., to the local street system rather than to the state highway), in furtherance of the access management plan and applicable site design standards;

4.

The creation or extension of an alternate through-route (not a cul-de-sac) parallel to the highway, which may be a local street, or a joint-use driveway where extension of a public street is not practical;

5.

Setbacks and/or right-of-way dedication allowing for required transportation improvements, such as pedestrian ways or turn lanes, when redevelopment occurs. Where right-of-way dedication for Highway 22 frontage improvements is required, the city shall require right-of-way dedication to ODOT;

6.

Inter-parcel circulation, including joint-use driveways and pedestrian ways, connecting commercial sites, and mitigating the use of the highway for circulation between adjacent sites;

7.

Where practical a new highway connection or approach shall be at a location where access rights exist; or a grant of access must be requested of ODOT under OAR 734-051-0430 and 734-051-0440;

8.

Where a connection is permitted, it shall meet the spacing standards for approaches based on the highway classification and segment definitions contained in the Highway 22 Mill City Access Management Plan; and

9.

Where an intersection is or may be signalized in the future, the connection shall meet the spacing necessary for the timing and progression of the signal, as set forth in OAR 734-020-0400 through 734-020-0500.

D.

Streetscape and Landscaping Requirements. Where an action is subject to the Oregon Highway 22-Access Management Plan in Mill City under Section 17.24.025, the city may require the owner or developer to complete one or more of the following streetscape and/or landscaping improvements in conformance with the Mill City Highway 22 Streetscape Plan, Appendix H of the Oregon Highway 22-Access Management Plan in Mill City:

1.

Dedicate right-of-way and/or record public easement(s) for required landscaping and/or sidewalk improvements as indicated by the streetscape plan;

2.

Install and maintain landscaping, sidewalks, street furnishings (e.g., benches) and/or other improvements, as indicated by the streetscape;

3.

Enter into a development agreement with the city and/or ODOT and provide financial assurance for future installation of landscaping, sidewalks, street furnishings, and/or other required improvements. Required improvements may be deferred if the city and/or ODOT finds such deferment is in the public interest and the property owner enters into a deferral/non-remonstrance agreement with the city and/or ODOT. The deferral agreement will be recorded in the Marion County deed records.

E.

In interpreting the provisions of this section and considering variance requests under Chapter 17.56, the hearing body shall apply the applicable approval criteria in this section and make findings of consistency with the purpose statement contained in subsection A of this section.

(Ord. 353 § 2 Exh. B (part), 2008)