(Repealed by Ord. 2763)

(Repealed by Ord. 2763)

(Repealed by Ord. 2763)

(Repealed by Ord. 2763)

(Repealed by Ord. 2763)

In order to classify, regulate, restrict and segregate the uses of lands and buildings, to regulate and restrict the height and size of buildings, to regulate the area of yards and other open spaces about buildings, and to regulate the density of population, the following classes of use districts and subdistricts are established:

A. Use Districts.

1. R-1 low density residential district.

2. R-2 medium density residential district.

3. R-3 high density residential district.

4. R-4 manufactured dwelling district.

5. RP residential professional district.

6. C-1 neighborhood commercial district.

7. C-2 community commercial district.

8. C-3 central business district.

9. C-4 riverfront commercial district.

10. CF community facilities district.

11. I institutional district.

12. M-1 limited industrial district.

13. M-2 light industrial district.

14. M-3 heavy industrial district.

15. M-4 large lot industrial district.

16. M-5 craft industrial district.

17. AI airport industrial district.

18. Airport residential (AR) district.

19. SD Springbrook district.

20. M-E mixed employment district.

B. Subdistricts of Use Districts.

1. AO airport overlay subdistrict.

2. CC civic corridor overlay subdistrict.

3. H historic landmarks subdistrict.

4. IO institutional overlay subdistrict.

5. LU limited use overlay subdistrict.

6. RD riverfront subdistrict.

7. SC stream corridor overlay subdistrict.

8. SP specific plan subdistrict.

9. AIO airport industrial overlay subdistrict.

10. Airport residential overlay subdistrict.

11. Bypass interchange overlay subdistrict.

12. Interim industrial overlay subdistrict. [Ord. 2930 § 4 (Exh. A-3), 1-6-25; Ord. 2868 § 1 (Exh. A), 11-16-20; Ord. 2720 § 1(8), 11-2-09; Ord. 2564, 4-15-02; Ord. 2561, 4-1-02; Ord. 2550, 5-21-01; Ord. 2451, 12-2-96. Code 2001 § 151.120.]

On the effective date of the ordinance codified in this code, the provisions of this code shall apply to and govern the use or maintenance of any land or other property in the city, exclusive of streets, alleys, and public lands used or reserved for governmental purposes as provided by law. The city shall be divided by the city council into parts and each such part may be subdivided into units, for the purposes of imposing or establishing districts and subdistricts on land and property. Such parts of units may be zoned and rezoned whenever the city council, after investigation and report by the commission, finds that criteria in NMC 15.302.030 are satisfied. [Ord. 2451, 12-2-96. Code 2001 § 151.121.]

Cross-reference: For lands used or reserved for governmental purposes as provided by law, see Section 5 of Article VIII of the Oregon Constitution and Chapter 271 of Title 25 ORS, generally. See also Chapter 271 of Title 25 ORS pertaining to public lands.

This section describes the procedures and criteria that apply to any application to amend the land use designations identified on the comprehensive plan map, zoning map and land use regulations.

A. Type III Plan and Zoning Map Amendments – One Parcel or Small Group of Parcels.

1. Property owners or the city may initiate a map amendment for one parcel or a small group of parcels under the Type III procedure. May be initiated by a resolution of the planning commission or city council. Unlike other Type III procedures, the decision of the planning commission on a Type III plan map amendment shall be in the form of a recommendation to the city council. The city council shall hold another new hearing and make a final decision.

2. Where an application has been denied, no new application for the same purpose shall be filed within one year of the date of the previous denial unless the city council for good cause shall grant permission to do so.

3. Amendment Criteria. The owner must demonstrate compliance with the following criteria:

a. The proposed change is consistent with and promotes the goals and policies of the Newberg comprehensive plan and this code;

b. Public facilities and services are or can be reasonably made available to support the uses allowed by the proposed change;

c. Compliance with the State Transportation Planning Rule (OAR 660-012-0060) for proposals that significantly affect transportation facilities.

4. The property owner who desired to have their property reclassified has the burden of establishing that the requested classification meets the requirements of this section. As part of the application, the property owner requesting a change shall file a waiver stating that the owner will not file any demand against the city under Ballot Measure 49, approved November 6, 2007, that amended ORS Chapters 195 and 197.

5. A traffic study shall be submitted for any proposed change that would significantly affect a transportation facility, or that would allow uses that would increase trip generation in excess of 40 trips per p.m. peak hour. This requirement may be waived by the director when a determination is made that a previous traffic study adequately addresses the proposal and/or when off-site and frontage improvements have already been completed, which adequately mitigate any traffic impacts and/or the proposed use is not in a location, which is adjacent to an intersection, which is functioning at a poor level of service. A traffic study may be required by the director for changes in areas below 40 trips per p.m. peak hour where the use is located immediately adjacent to an intersection functioning at a poor level of service. The traffic study shall be conducted according to the City of Newberg design standards.

B. Type IV Plan and Zoning Map Amendments – Large Area of the City and Multiple Ownerships.

1. The city may initiate plan map amendments affecting large areas and multiple ownerships under the Type IV procedure. No public notice is required to initiate the amendment. Initiation must be done by resolution of the planning commission or city council. These map changes include those that have widespread and significant impact beyond the immediate area of change.

2. Amendment Criteria. The city must demonstrate:

a. The proposed change is consistent with and promotes the objectives of the Newberg comprehensive plan and this code;

b. There is a public need for a change of the kind in question;

c. The need will be best served by changing the classification of the particular piece of property in question as compared with other available property;

d. Compliance with the State Transportation Planning Rule (OAR 660-012-0060) for proposals that significantly affect transportation facilities.

C. Amendment of Land Use Regulation. A change in requirements, general provisions, exceptions or other provisions of a land use regulation may be initiated by a resolution of the planning commission or the city council. No notice is required to initiate the amendment. Amendments to land use regulation shall be reviewed under the Type IV procedure. [Ord. 2733 Att. A, 2-7-11; Ord. 2693 § 1 (Exh. A(5)), 3-3-08; Ord. 2619, 5-16-05; Ord. 2612, 12-6-04; Ord. 2451, 12-2-96. Code 2001 § 151.122.]

A. R-1 Low Density Residential District.

1. The purpose of this land use designation is to provide a stable and healthful residential environment together with the full range of urban services. The R-1 zone is intended for low density urban residential uses at an average overall density of 4.4 units per gross buildable acre, and/or middle housing densities consistent with applicable minimum lot sizes, in the district.

2. Typical housing types will include single-family dwellings, duplex dwellings, triplex dwellings, quadplex dwellings, townhouse dwellings, cottage cluster projects, limited multifamily dwellings and planned unit developments. The district also is intended to allow low intensity institutional uses that operate consistent with peaceful enjoyment of residential neighborhoods. The R-1 district is intended to be consistent with the low density residential (LDR) designation of the comprehensive plan.

B. R-2 Medium Density Residential District.

1. The purpose of this land use designation is to provide a wide range of dwelling types and styles at an average overall density of nine units per gross buildable acre, and/or middle housing densities consistent with applicable minimum lot sizes, in the district.

2. Typical housing types will include single-family dwellings on small lots, duplex dwellings, triplex dwellings, quadplex dwellings, townhouse dwellings, cottage cluster projects, multifamily dwellings, and manufactured dwelling parks. The district also is intended to allow low intensity institutional uses that operate consistent with peaceful enjoyment of residential neighborhoods. The R-2 district is intended to be consistent with the medium density residential (MDR) designation of the comprehensive plan.

C. R-3 High Density Residential District.

1. The purpose of this land use designation is to provide dwellings of different types and styles at an average overall density of 16.5 units per gross buildable acre, and/or middle housing densities consistent with applicable minimum lot sizes, in the district.

2. Typical housing types will include duplex dwellings, triplex dwellings, quadplex dwellings, townhouse dwellings, cottage cluster projects, multifamily dwellings, and manufactured dwelling and mobile home parks. The district also is intended to allow low intensity institutional uses that operate consistent with peaceful enjoyment of residential neighborhoods. Density may vary depending on lot size, off-street parking area, transportation, landscaping and other site considerations. The R-3 district is intended to be consistent with the high density residential (HDR) designation of the comprehensive plan.

D. R-4 Manufactured Dwelling District.

1. The purpose of this land use designation is to provide locations reserved for manufactured homes, manufactured dwelling parks, mobile home parks, manufactured home subdivisions, and related uses.

2. This district allows manufactured homes, mobile home parks, or manufactured home subdivisions at a density of up to 12 units per gross buildable acre. The R-4 district is intended to be consistent with the medium density residential (MDR) or high density residential (HDR) designation of the comprehensive plan.

E. RP Residential-Professional District. The RP residential-professional district provides for a desirable mixing of residential land uses with medical and local business office uses in possible close proximity to adjacent residential areas. The office building and parking coverage, traffic generation, open space and other external factors are intended to be compatible with the residential uses permitted. This district may be appropriate in transition areas between major land uses as indicated in the adopted plan. The RP district is intended to be consistent with commercial or residential designations on the Newberg comprehensive plan. RP districts shall be located as to conform to goals and policies identified within the Newberg comprehensive plan and in areas which have a minimal impact on the livability or appropriate development of abutting property.

F. C-1 Neighborhood Commercial District. The C-1 neighborhood commercial district is intended to create, preserve and enhance areas of retail establishments serving frequently recurring needs in convenient locations. It is typically appropriate for small convenience stores or neighborhood shopping centers located within residential neighborhoods. The C-1 district is intended to be consistent with the commercial (COM) designation of the comprehensive plan.

G. C-2 Community Commercial District. The C-2 community commercial district is intended to create, preserve and enhance areas with a wide range of retail sales, commercial services, and office establishments. Typical development types include individual commercial buildings on small and large sites, community shopping centers, and some outdoor retail uses. This district is typically located along highways and arterials. This district also includes some development which does not strictly fit the description of “commercial” but also does not merit a separate zoning district. The C-2 district is intended to be consistent with the commercial (COM) and mixed use (MIX) designations of the comprehensive plan.

H. C-3 Central Business District. The C-3 central business district is intended to preserve and enhance areas within which the greatest possible concentration of retail sales and business will occur. The district will be applied to the “core” area based upon the guidelines established in the comprehensive plan. The buildings and uses permitted reflect the desire to have parking provided on a district-wide basis rather than having each individual building or use provide parking. The C-3 district is intended to be consistent with the commercial (COM) designation of the comprehensive plan.

I. C-4 Riverfront Commercial District.

1. The purpose of the C-4 riverfront commercial district is to allow a mix of uses that:

a. Provides a variety of retail, commercial, and residential uses that benefit from proximity to the river.

b. Encourages access to and enjoyment of the Willamette River.

c. Ensures compatibility of development with the surrounding area and minimizes impacts on the environment.

2. Properties zoned in this district must comply with the development standards of the riverfront overlay subdistrict, as described in NMC 15.352.010 through 15.352.060.

3. The C-4 district is intended to be consistent with the commercial/riverfront district (COM/RD) designation of the comprehensive plan.

J. M-1 Limited Industrial District. The M-1 limited industrial district is intended to create, preserve and enhance areas containing manufacturing and related establishments with limited external impact, and with an open and attractive setting. The M-1 limited industrial district is typically appropriate to locations near highways and arterials and nonmanufacturing areas. The M-1 district is intended to be consistent with the industrial (IND) and mixed use (MIX) designations of the comprehensive plan.

K. M-2 Light Industrial District. The M-2 light industrial district is intended to create, preserve and enhance areas containing a wide range of manufacturing and related establishments and is typically appropriate to areas providing a wide variety of sites with good rail or highway access. The M-2 district is intended to be consistent with the industrial (IND) designation of the comprehensive plan.

L. M-3 Heavy Industrial District. The M-3 heavy industrial district is intended to create, preserve and enhance areas containing manufacturing or related establishments which are potentially incompatible with most other establishments and are typically appropriate to areas which are most distant from residential areas, and which have extensive rail or shipping facilities. The M-3 district is intended to be consistent with the industrial (IND) designation of the comprehensive plan.

M. M-4 Large Lot Industrial District. The M-4 industrial employment district is divided into two subdistricts: the industrial employment subdistrict and the industrial commercial subdistrict. One of the main intents of these districts is to provide a variety of employment opportunities for the citizens of Newberg. Providing adequate jobs for our citizens leads to other related benefits, including a diversified and stable local economy, a stronger tax base, and environmental benefits from less out-commuting to jobs. In addition, providing adequate local jobs helps fulfill the stated desire of many citizens to “live here, work here, shop here.” The M-4 district has two subdistricts:

1. Employment Subdistrict. Through a comprehensive planning process, the city identified a need for large lot industrial sites of at least 20 acres in size. Further analysis of potential areas identified the area south of Newberg, on either side of Highway 219, as the area best suited to meet the city’s needs for large site industrial development. As part of the city’s strategy for preserving large size industrial sites within industrial districts, the M-4 industrial employment subdistrict is intended to create, preserve and enhance areas containing large parcels (20+ acres) suitable for large industrial users and industrial planned unit developments. An approved plan for an industrial planned unit development is required prior to dividing a large parcel into lots or parcels that are less than 20 acres. The purpose of the planned unit development is to bring related industries and services that complement each other close together, resulting in synergistic effects arising from regular face-to-face communications, economies of scale, and reduced transportation time and cost.

2. Commercial Subdistrict. The industrial commercial subdistrict is intended to create, preserve and enhance areas for retail establishments serving the specific needs of the M-4 industrial employment area. The subdistrict is similar to the C-1 neighborhood commercial district, although the type and scale of uses permitted are limited to those that will directly support allowed uses within the M-4 industrial employment area. The area is not intended to serve pass-by traffic or provide for the general commercial needs of the community. The intent is to allow uses that complement the area while limiting or eliminating those uses that would have detrimental impact on the overall district.

Potential adverse impacts of industrial activity on adjacent uses are minimized by design and development standards as required by NMC 15.220.090. Large industrial sites and planned unit developments are configured and designed to minimize use-to-use conflicts within the industrial districts, as well as conflicts between industrial uses and those allowed in other districts. The M-4 district is intended to be consistent with the industrial (IND) and commercial (COM) designations of the comprehensive plan.

N. M-5 Craft Industrial District. The purpose of the M-5 craft industrial district is to create, preserve and enhance areas that provide a mix of commercial and light industrial uses, particularly small-scale craft industrial uses with an integrated commercial component. The district is intended to complement nearby commercial areas by providing opportunities for production spaces while minimizing off-site impacts. The M-5 district is intended to be consistent with the industrial (IND) and mixed use (MIX) designations of the comprehensive plan.

O. CF Community Facilities District. The purpose of the CF community facilities district is to provide for appropriate development of community facilities, primarily by public agencies or nonprofit organizations. It encourages the preservation of natural resources and open space resources inventoried in the comprehensive plan. The CF district is intended to be consistent with the parks (P) and public/quasi-public (PQ) designations in the comprehensive plan. It may also be consistent with any other designation of the comprehensive plan as determined by the city council.

P. I Institutional District. The I institutional district is intended to support and promote institutional uses. The district provides for the establishment and growth of large institutional campuses as well as accessory and compatible uses. The institutional district is intended to be consistent with the public/quasi-public (PQ) designation of the comprehensive plan.

Q. AR Airport Residential District. The purpose of the AR airport residential district is to encourage and support the continued operation and vitality of Sportsman Airpark and to take advantage of the transportation options it provides by allowing airport-related residential uses. The AR district is intended to be consistent with the airport residential (AR) designation in the comprehensive plan. Maximum overall density shall be 8.8 units per gross buildable acre in the district, calculated as follows:

1. Single-family detached dwellings and duplex dwellings shall count as a single dwelling unit for density calculation.

2. Triplex dwellings, quadplex dwellings, townhouse dwellings and cottage cluster projects shall be exempt from density calculation and shall be subject only to the minimum lot sizes in NMC 15.405.010.

R. AI Airport Industrial District. The purpose of the AI airport industrial district is to encourage and support the continued operation and vitality of Sportsman Airpark by allowing airport-related industrial uses, and as such to promote economic development for the City of Newberg and Yamhill County. The AI airport industrial district is intended to recognize those areas devoted to or most suitable for the immediate operational facilities necessary for commercial and noncommercial aviation. It is also intended to provide areas for those activities directly supporting or dependent upon aircraft or air transportation when such activities, in order to function, require or benefit from a location within or immediately adjacent to primary flight operations and passengers or cargo service facilities. It is further intended to provide appropriate locations for airport-related light industrial uses that are compatible with and benefit from air transportation. The AI district is intended to be consistent with the industrial (IND) and public/quasi-public (PQ) designations in the comprehensive plan.

S. M-E Mixed Employment District. The M-E mixed employment district is intended to create a mix of light industrial and limited commercial uses that provide employment opportunities for the City of Newberg while also creating a high-quality urban environment. This designation can provide a buffer between industrial uses with a high degree of external impact and other uses such as residential and recreational areas. The M-E designation is intended to be consistent with the industrial (IND) and mixed use (MIX) designations of the comprehensive plan. [Ord. 2930 § 4 (Exh. A-3), 1-6-25; Ord. 2913 § 2 (Exh. B § 8), 4-17-23; Ord. 2889 § 2 (Exh. B §§ 9 – 12), 12-6-21; Ord. 2880 § 2 (Exh. B §§ 11 – 13), 6-7-21; Ord. 2868 § 1 (Exh. A), 11-16-20; Ord. 2763 § 1 (Exh. A § 4), 9-16-13.]

Subdistricts of each of the use districts may be established. The parent residential district requirements shall apply to those respective subdistricts except those regulations pertaining to lot area per dwelling unit or density.

A. Suffix Numbers Noting Density. Suffix numbers, including but not limited to the following examples, shall be noted on the zoning map indicating the maximum number of dwelling units permitted per gross acre. The following are examples of suffixes for subdistricts and their density equivalents:

Note: Duplex dwellings count as a single dwelling per lot for the purpose of calculating compliance with the maximum density standards. Triplex dwellings, quadplex dwellings, townhouse dwellings and cottage cluster projects shall be exempt from density calculation and shall be subject only to the minimum lot sizes in NMC 15.405.010.

As further examples of subdistricts:

1. The subdistrict of an R-1 district which permits five dwelling units per gross acre is R‑1‑5/A.

2. The subdistrict of an R-1 district which permits one dwelling unit per five gross acres is R‑1-.2/A.

B. AO Airport Overlay Subdistrict. An airport overlay subdistrict may be applied within any zoning district. The subdistrict shall be designated by the suffix AO added to the symbol of the parent district. The AO symbol shall be added to the zoning map for properties affected by the airport imaginary surfaces. Except as may otherwise be limited by this code, all uses permitted in the parent zone shall be allowable in the AO subdistrict.

C. CC Civic Corridor Overlay Subdistrict. The CC subdistrict is intended to emphasize the civic and historic character of that portion of downtown Newberg generally bounded by Sherman Street on the north, Blaine Street on the west, 5th Street on the south and Howard and School Streets on the east and as depicted on the zoning map. The subdistrict overlay may be applied within any zoning district. The subdistrict shall be designated by the suffix CC added to the symbol of the parent district.

D. H Historic Landmarks Overlay Subdistrict. The historic landmarks overlay subdistrict may be created within any zoning district. The overlay shall be designated by the suffix H added to the symbol of the parent district. All uses permitted in the parent zone shall be allowable in the H overlay zone except as otherwise may be limited by this code.

E. IO Institutional Overlay Subdistrict. The institutional overlay subdistrict may be created within any zoning district. The overlay shall be designated by the suffix IO added to the symbol of the parent district. All uses permitted in the parent zone shall be allowable in the IO overlay zone except as otherwise may be limited by this code.

F. RD Riverfront Overlay Subdistrict. The riverfront overlay subdistrict may be applied to R-1, R-2, R-3, M-1, M-2, M-3, M-E, C-1, C-4, and CF zoning districts. This subdistrict may be applied to lands south of Ninth Street to the Willamette River. The overlay shall be designated by the suffix RD added to the symbol of the parent district. All uses permitted in the parent zone shall be allowable in the RD overlay zone except as otherwise may be limited in this code. Where provisions of the subdistrict are inconsistent with the parent district, the provisions of the subdistrict shall govern.

G. SC Stream Corridor Overlay Subdistrict. The stream corridor overlay subdistrict may be created within any zoning district. The stream corridor subdistrict is applied to areas which are classified as Statewide Goal 5 resources. The overlay shall be designated by the suffix SC added to the symbol of the parent district. The SC subdistrict provides additional land use regulations which govern properties located within the subdistrict. Where the provisions of the subdistrict are inconsistent with the parent district, the provisions of the subdistrict shall govern.

H. SP Specific Plan Subdistrict. The SP subdistrict identifies the area in which a specific plan has been approved. The subdistrict overlay may be applied within any zoning district. The subdistrict shall be designated by the suffix SP added to the symbol of the parent district. Uses allowed in the parent district may be limited or expanded under the approved specific plan.

I. LU Limited Use Overlay Subdistrict. The limited use overlay subdistrict identifies an area where special use restrictions or standards apply. These restrictions or standards are defined in the ordinance creating the LU subdistrict and may include prohibiting uses otherwise allowed in the underlying zone, requiring conditional use permits for certain uses that are otherwise permitted outright, or creating special standards, such as special setbacks or height restrictions. The limited use overlay subdistrict may be applied within any zoning district.

J. Bypass Interchange (BI) Overlay. The bypass interchange overlay shall apply to lands within the city limits and within approximately one-quarter mile of the end of ramps of the East Newberg and Oregon 219 interchanges to the bypass. The bypass interchange overlay may be applied in combination with any zoning district. The overlay shall be designated by the suffix BI added to the symbol of the parent district. All uses permitted in the parent zone shall be allowed within the bypass interchange overlay except as specifically limited by this code. [Ord. 2889 § 2 (Exh. B § 12), 12-6-21; Ord. 2880 § 2 (Exh. B § 14), 6-7-21; Ord. 2868 § 1 (Exh. A), 11-16-20; Ord. 2602, 9-20-04; Ord. 2564, 4-15-02; Ord. 2561, 4-1-02; Ord. 2537, 11-6-00; Ord. 2451, 12-2-96. Code 2001 § 151.123.]

Any variance or permit of any kind and any nonconforming use existing pursuant to any repealed district classification may continue under the applicable new district classification but shall not in any manner be extended or enlarged in time or rights, except as provided in NMC 15.205.010 et seq. [Ord. 2451, 12-2-96. Code 2001 § 151.124.]

The location and geographical boundaries of various districts and subdistricts shall be shown on a map or maps setting forth the district and subdistrict classifications applicable to the land and property contained in the zoning map. [Ord. 2451, 12-2-96. Code 2001 § 151.125.]

The zoning map may, for convenience of use and for purposes of more readily identifying locations within such zoning map, be subdivided into units; and such parts and units may be separately employed for identification purposes when amending the zoning map or for any official reference to the zoning map. [Ord. 2451, 12-2-96. Code 2001 § 151.126.]

Where uncertainty exists as to the boundaries of any district as shown on any zoning map or part of a zoning map, the following rules shall apply:

A. Where such boundaries are indicated as approximately following street lines, alley lines or lot lines, such lines shall be construed to be such boundaries.

B. In the case of unsubdivided property and where a zone boundary divides a lot, the locations of such boundaries, unless the same are indicated by dimensions, shall be determined by the use of the scale appearing on such zoning map.

C. Where a public street or alley is officially vacated, the zoning regulations applicable to abutting property on each side of the centerlines shall apply up to the centerline of such vacated street or alley on each respective side.

D. Areas of dedicated streets or alleys and railroad rights-of-way, other than those designated on the zoning map as being classified in one of the districts provided in this code, shall be deemed to be unclassified and, in the case of railroad rights-of-way, permitted to be used solely for the purpose of accommodating tracks, signals, and other operative devices and the movement of rolling stock. [Ord. 2451, 12-2-96. Code 2001 § 151.127.]

A. Defined and Categorized Uses. Chapter 15.305 NMC lists the allowable uses in each zoning district. The uses listed are of two types:

1. Defined Uses. Defined uses are those uses that fit a specific definition contained in the definition section under NMC 15.05.030. For example, a “family child care home” is a specific defined use that is different than other day care type uses.

2. Use Categories. Use categories are used to describe land uses and activities that may be known by several common names, but are organized on the basis of common functional, product, or physical characteristics. For example, beauty salons, tanning salons, and body art studios are classified into a general category, “personal services.” Uses are assigned to the category whose description most closely describes the nature of the primary use. The “characteristics” subsection of each use category describes the characteristics of each use category. Developments may have more than one primary use. Developments may also have one or more accessory uses.

B. Interpretation. When a use’s category is not clearly identifiable, the director, through a Type I procedure, determines the applicable use category or similar use. The following is considered to determine what use category the use is in, and whether the activities constitute primary uses or accessory uses:

1. The description of the activity(ies) in relationship to the characteristics of each use category;

2. The relative amount of site or floor space and equipment devoted to the activity;

3. Relative amounts of sales from each activity;

4. The customer type for each activity;

5. The relative number of employees in each activity;

6. Hours of operation;

7. Building and site arrangement;

8. Vehicles used with the activity;

9. The relative number of vehicle trips generated by the activity;

10. How the use advertises itself; and

11. Whether the activity would function independently of the other activities on the site.

C. Developments with Multiple Primary Uses. When all the primary uses of a development fall within one use category, then the development is assigned to that use category. For example, a development that contains a grocery store, a gift shop, and a pharmacy would be classified in the general retail sales category because all the primary uses are in that category. When the primary uses of a development fall within different use categories, each primary use is classified in the applicable category and is subject to the regulations for that category.

D. Accessory Uses. The “accessory uses” subsection lists common accessory uses that are allowed by right in conjunction with the use unless stated otherwise in the regulations. Also, unless otherwise stated, they are subject to the same regulations as the primary use. Typical accessory uses are listed as examples with the categories.

E. Use of Examples. The “examples” subsection of each use category provides a list of examples of uses that are included in the use category. The names of uses on the lists are generic. They are based on the common meaning of the terms and not on what a specific use may call itself. For example, a use whose business name is “wholesale liquidation,” but that sells mostly to consumers, would be included in the general retail sales category rather than the wholesale and industry sales category. This is because the actual activity on the site matches the description of the general retail sales category.

F. Exclusions. The “exclusions” subsection of each use category indicates uses that are classified not included in that particular use category. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

The following agricultural uses are defined in NMC 15.05.030:

A. Horticulture.

B. Livestock and poultry farming.

C. Home gardening.

D. Home livestock and poultry raising. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

The following residential uses are defined in NMC 15.05.030:

A. Dwelling, single-family detached.

B. Dwelling, single-family attached.

C. Manufactured home.

D. Manufactured dwelling park.

E. Mobile home park.

F. Manufactured home subdivision.

G. Dwelling, duplex.

H. Dwelling, triplex.

I. Dwelling, quadplex.

J. Dwelling, townhouse.

K. Dwelling, cottage.

L. Cottage cluster project.

M. Dwelling, multifamily.

N. Dwelling, accessory.

O. Dwelling, mixed use.

P. Dwelling, caretaker.

Q. Dormitory.

R. Home occupation.

S. Live/work unit. [Ord. 2930 § 4 (Exh. A-3), 1-6-25; Ord. 2889 § 2 (Exh. B § 13), 12-6-21; Ord. 2880 § 2 (Exh. B § 15), 6-7-21; Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

[Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

The following institutional care and housing uses are defined in NMC 15.05.030:

A. Family child care home.

B. Residential care home.

C. Residential care facility.

D. Prison. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. This category includes the care, supervision and guidance on a regular basis of a child, unaccompanied by a parent, guardian or custodian, during a part of the 24 hours of the day, with or without compensation. It also may include care or supervision of an adult during part of the 24 hours of the day where lodging is not provided.

B. Accessory Uses. Play areas.

C. Examples. Preschools, adult day care centers.

D. Exclusions.

1. Family child care homes.

2. Child care which does not require state registration or certification, such as babysitting.

3. Accessory day care that is provided primarily for the children of workers at the site is considered an accessory use.

4. Schools, primary or secondary.

5. Residential care homes and residential care facilities. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. The group care facility category includes licensed facilities that provide residential care alone or in conjunction with treatment or training or a combination thereof for 16 or more individuals who need not be related. Staff persons required to meet licensing requirements shall not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential facility.

B. Accessory Uses. Personal service uses, recreational facilities, dining facilities, or retail sales for use of tenants, employees, or tenant visitors.

C. Examples. Nursing homes, continuing care retirement facilities, addiction treatment centers, sanitariums.

D. Exclusions. Residential care homes, residential care facilities, and prisons are separate use categories. Assisted living facilities are classified as multiple-family dwellings. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. A medical institution that provides medical and surgical care to patients on an inpatient or emergency basis, which may be in addition to outpatient care.

B. Accessory Uses. Personal service uses, dining facilities, or retail sales for use of patients, employees, or patient visitors.

C. Examples. Urgent care centers, medical practitioners who schedule office hours regularly to provide emergency care during nighttime hours.

D. Exclusions. Medical offices are a separate use category. Animal care. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

[Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. Religious institutions and places of worship primarily provide meeting areas for religious activities.

B. Accessory Uses. Accessory uses include Sunday school facilities, parking, caretaker’s housing, one transitional housing unit, and group living facilities such as convents. A transitional housing unit is a housing unit for one household where the average length of stay is less than 60 days. Religious schools, when accessory to a religious institution.

C. Examples. Examples include churches, temples, synagogues, and mosques.

D. Exclusions. Religious schools are included in schools. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. Private clubs, lodges, and meeting halls provide meeting areas that are restricted to those with membership in the host organization, or to individuals or organizations renting the space for special events. The activities may either be religious or nonreligious. The activities may be nonprofit or for profit, though for-profit activities are limited to those with membership or prospective membership in the organization renting the space.

B. Accessory Uses. Kitchens and dining areas for the use of the host organization or the individuals or organizations renting the facility.

C. Examples. Fraternal lodges, grange halls, wedding halls.

D. Exclusions. Religious institutions and places of worship are a separate category; however, a private club, lodge, or meeting hall may be used for religious activities. Community services and commercial educational services are separate categories, though meeting halls may be rented for these types of uses. Meeting halls that are accessory to another use, such as a meeting room for tenants of an apartment complex, are accessory to that primary use. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

[Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. This category includes public and private schools, secular or parochial, at the primary, elementary, middle, junior high, or high school level that provide state mandated basic education primarily to minors.

B. Accessory Uses. Accessory uses include play areas, cafeterias, recreational and sport facilities, auditoriums, and before- or after-school day care, and administrative offices.

C. Examples. Examples include public and private daytime schools, boarding schools and military academies.

D. Exclusions.

1. Preschools are classified as day care uses.

2. Commercial music, dancing, tutoring, art or similar schools are classified as commercial educational services. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. This category includes public and private schools that provide postsecondary education primarily for adults, usually working toward a degree or certificate.

B. Accessory Uses. Accessory uses include cafeterias, student dormitories, recreational and sport facilities, auditoriums, student book stores, and administrative offices.

C. Examples. Examples include public and private universities and community colleges.

D. Exclusions. Commercial music, dancing, tutoring, art or similar schools are classified as commercial educational services. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. Commercial educational services uses are conducted in an office or studio setting and generally focusing on serving students with supplemental education, enrichment, and/or tutoring, where a fee is usually charged for services.

B. Accessory Uses. Accessory uses may include incidental retail (e.g., sale of instructional materials) or other amenities primarily for the use of employees and customers.

C. Examples. Examples include tutoring centers, computer classes, after-school math and reading centers, arts and crafts classes, music and dancing school.

D. Exclusions. Schools, primary and secondary, and colleges are separate use categories. Preschools are classified as day care uses. Uses conducting lessons in the home of the provider are classified as home occupations. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

The following parks and open space use is defined in NMC 15.05.030:

A. Golf course. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. Open spaces provide outdoor space for natural feature preservation, or for walking, sitting, watching, or observing. Most of the area is left in native vegetation. Open spaces may be publicly or privately owned, and public access may be restricted or prohibited.

B. Accessory Uses. Trails, viewing platforms, interpretive displays, benches, a single picnic table, including those with covers, not in close proximity to other such tables.

C. Examples. Nature preserves, stream corridors.

D. Exclusions. Parks are a separate use category. Active recreational facilities such as playgrounds or ballfields, pavilions or picnic areas including multiple tables or facilities in close proximity are classified as parks. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. Park uses provide areas for outdoor recreation, whether passive or active. Parks may be privately or publicly operated, but no admission fee is charged.

B. Accessory Uses. Accessory uses may include pavilions, club houses, maintenance facilities, concessions, caretaker’s quarters, and parking.

C. Examples. Playgrounds, community sports fields, public squares, picnic pavilions.

D. Exclusions. Commercial recreational uses are a separate category. Open spaces without access or with only trails or observation areas are classified as open space. Recreational facilities accessory to a school, church, or public community center use, regardless of whether admission is charged, are part of the primary use. Golf courses are a separate use. [Ord. 2780 § 1 (Exh. A § 1), 4-6-15; Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

The following public service uses are defined in NMC 15.05.030:

A. Pound, dog or cat.

B. Cemetery. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. Community services are uses of a public, nonprofit, or charitable nature generally providing a local service to people of the community. Generally, they provide the service on the site or have employees at the site on a regular basis. The service is ongoing, not just for special events. Community centers or facilities that have membership provisions are open to the general public to join at any time (for instance, any senior citizen could join a senior center). The use may also provide special counseling, education, or training of a public, nonprofit or charitable nature.

B. Accessory Uses. Accessory uses may include offices, meeting areas, food preparation areas, parking, health and therapy areas, day care uses, and athletic facilities.

C. Examples. Examples include libraries, museums, senior centers, community centers, publicly owned swimming pools, youth club facilities, social service facilities, vocational training for the physically or mentally disabled, soup kitchens, and surplus food distribution centers.

D. Exclusions.

1. Private lodges, clubs, and meeting rooms are a separate use category. Private or commercial athletic, health clubs, or museums are classified as commercial recreation.

2. Parks are a separate category.

3. Uses that provide lodging to individuals. These may be classified as dormitories, residential care homes, residential care facilities, or other uses depending on the nature of the lodging provided.

4. Public safety facilities are classified as emergency services. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. Emergency services uses are facilities with personnel or equipment staged for quick response in case of emergency. The facility is operated by a public agency or private franchise agency.

B. Accessory Uses. Jails for short-term detention associated with a police station. Emergency vehicle and equipment storage or repair.

C. Examples. Police stations, fire stations, ambulance stations, and emergency highway safety equipment storage yards.

D. Exclusions. Emergency shelters are classified under community services. Utility maintenance yards are classified under utility distribution plant or yard. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

The following transportation uses are defined in NMC 15.05.030:

A. Transportation facilities and improvements.

B. Transit center.

C. Parking facility.

D. Airport.

E. Landing field.

F. Heliport.

G. Helipad.

H. Marina. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

The following utility uses are defined in NMC 15.05.030:

A. Basic utilities.

B. Utility distribution plant or yard.

C. Wastewater treatment plant.

D. Telecommunication facility. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

[Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

[Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. Medical offices provide medical or surgical care to patients within the office. Care is provided by or under the direction of a government licensed medical practitioner. Services are provided on an outpatient basis only. Regular office hours are during the day with only occasional nighttime emergency care.

B. Accessory Uses. Sale or rental of goods associated with the medical care.

C. Examples. Offices for licensed doctors, dentists, osteopaths, massage therapists, naturopathic physicians, outpatient laboratories where the patient testing is largely conducted on site.

D. Exclusions.

1. Hospitals and urgent care centers are classified under hospitals.

2. Uses that provide exclusive care and planned treatment or training for psychiatric, alcohol, or drug problems, where patients are residents of the program, are classified as residential care homes, residential care facilities, or group care facilities, depending on the nature of the facility.

3. Medical laboratories other than outpatient laboratories are classified as commercial service or industrial service uses depending on the nature of the laboratory.

4. Personal care by someone other than a licensed medical practitioner is included in personal services.

5. Veterinary, animal, and pet care is included either as commercial service or industrial service depending on the nature of the use. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. Local business offices are office uses that serve the local area. General public visits to the office may be frequent. There is little or no outdoor storage of equipment and materials. Vehicles regularly on site are limited to passenger and light duty vehicles. No manufacturing occurs on site. Materials on site are mostly hand carried.

B. Accessory Uses. Accessory retail sales of items associated with the business are allowed.

C. Examples. Offices for attorneys, real estate agents, accountants, insurance agents, travel agents. Government offices.

D. Exclusions. Medical offices, personal services, and traded sector industrial offices are separate uses. Banks are commercial service uses. Office uses may be accessory to other uses, such as manufacturing, school, or church uses. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

The following commercial sales and rental uses are defined in NMC 15.05.030:

A. Temporary merchant. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. General retail sales uses sell or rent goods to the general public. Items are sold indoors, or, if outdoors, are limited to small items that do not require machinery to load to customers. Most items for sale are stored on or picked up from the site. Operators may be commercial or nonprofit entities.

B. Accessory Uses. Indoor manufacturing of small items primarily to be sold on site, such as retail bakeries or art studios, provided the floor area devoted to such production is less than the floor area devoted to retail sales. Repair of items sold, such as bicycles or vacuums. Wholesale sales of items that are primarily sold retail. Outdoor display for sale of two or fewer vehicles, or of bulky items requiring machinery to load occupying less than 1,000 square feet display area.

C. Examples. Pharmacies, department stores, secondhand stores, pawn shops, art sales.

D. Exclusions. Bulk outdoor retail, wholesale and industry sales, and retail convenience sales. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. Bulk outdoor sales uses sell or rent large items to the general public from stock displayed or stored in whole or in part outdoors. Large items include vehicles and materials that require forklifts, tow trucks, or other loading equipment to load to customers. Sales may include sale of other items indoors or outdoors.

B. Accessory Uses. Indoor manufacturing of small items primarily to be sold on site. Repair of items sold, such as automobile repair. Wholesale sales of items that are primarily sold retail.

C. Examples. Automobile sales, RV sales, boat sales, bark chip sales, automobile rental, self-moving truck rental, retail lumber yard.

D. Exclusions. Retail indoor sales, wholesale and industry sales. Outdoor vehicle sales with two or fewer vehicles displayed is general retail sales. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. Convenience retail sales uses sell items to the general public that mostly are used or consumed the same day. Store size is limited to a specific floor area established by the zoning district. Items are sold predominantly indoors.

B. Accessory Uses. Eating and drinking (non-alcohol-related).

C. Examples. Mini-marts.

D. Exclusions. Retail sales – general. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. Uses in this category prepare and package food and beverages for retail sale or consumption on site, and for shipment for sales at other locations.

B. Accessory Uses. Drive-up service windows. Note that drive-up service windows require a conditional use permit in some zones. Entertainment.

C. Examples. Processing of food and related products, catering establishments. Small-scale wineries, breweries, and distilleries with tasting rooms on site. Retail bakeries. Chocolate shops. Coffee roaster or tea manufacturers with tasting rooms and/or retail area on site.

D. Exclusions. Wholesale bakeries, wineries, breweries, and distilleries with no or smaller retail or dining components are classified as light manufacturing uses. Restaurants or retail shops that also produce food or beverages, where dining or customer areas comprise the majority of the floor area, or all food is sold “take-out,” such as some brew pubs and bakeries, are classified as eating and drinking establishment or general retail sales. Manufacturing uses with no retail sales component are classified as light manufacturing uses. [Ord. 2930 § 4 (Exh. A-3), 1-6-25; Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. Eating and drinking establishments provide customers ready to consume food or drink for purchase. These establishments often provide tables and seating for the customers, and may provide take-out or delivery service. Eating and drinking establishments are of two types:

1. Alcohol-related are those establishments that serve alcohol and where minors are prohibited by law in any portion of the customer area.

2. Non-alcohol-related are those establishments that do not serve alcohol, or that do serve alcohol but minors are not prohibited by law in any portion of the customer area.

B. Accessory Uses. Drive-up service windows. Note that drive-up service windows require a conditional use permit in some zones. Entertainment. Bakeries, wineries, breweries, distilleries and similar food production areas provided the area devoted to production and storage is less than the floor area devoted to dining and retail sales, and the food is offered for sale on site.

C. Examples. Alcohol-related uses include bars, night clubs, taverns, and tasting rooms. Non-alcohol-related uses include restaurants, take-out food service, and soda fountains.

D. Exclusions. Nonprofit membership-only clubs are classified in private clubs, lodges, and meeting halls. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

The following commercial services uses are defined in NMC 15.05.030:

A. Temporary merchant. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. Personal service uses are engaged primarily in physical aesthetic services or nonmedical treatment to individuals at the site.

B. Accessory Uses. Retail sale of products associated with the service is permitted, such as sale of hair care products at a beauty salon.

C. Examples. Beauty salons, barber shops, tanning salons, body art salons.

D. Exclusions. Personal services exclude medical offices. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. Commercial service establishments provide services to the general public for compensation. Customers typically come to the site to receive the service. Items that are brought in and serviced are predominantly small, hand carried items. Outdoor storage of materials on site is limited to small (under 400 square feet), fenced and screened areas. The establishments use passenger or light duty vehicles at the site; larger vehicles rarely visit the site. Operators may include government or nonprofit organizations.

B. Accessory Uses. Retail sale of items related to the service.

C. Examples. Banks, post offices, photocopy stores, dry cleaning and laundry services, mortuaries, small animal clinics and hospitals, sewing machine, vacuum, small appliance or jewelry repair shops, tailor shops, photography studios.

D. Exclusions. Outpatient medical laboratories are classified as medical office uses. Commercial kennels. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. Commercial vehicle service uses repair and service passenger vehicles, light duty vehicles and recreational vehicles for the general public. This includes fueling and washing services.

B. Accessory Uses. Convenience retail uses.

C. Examples. Automobile service stations, auto repair, auto transmission, radiator, or electrical repair, car washes, towing businesses.

D. Exclusions. Servicing primarily to medium and heavy duty vehicles, farm equipment, and industrial vehicles is classified as industrial vehicle service. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

[Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. Indoor commercial recreation uses provide entertainment, recreation, and fitness activities for spectator or participants, within buildings. Fees usually are charged for admission or participation.

B. Accessory Uses. Eating and drinking establishments and retail sales for spectators or participants. Outdoor commercial recreation uses occupying less than 10 percent of the site.

C. Examples. Theaters, skating rinks, billiard halls, bowling alleys, dance halls, indoor miniature golf courses, arcades, athletic clubs, gyms.

D. Exclusions. Recreational facilities accessory to a school or church use, regardless of whether admission is charged. Motor-vehicle-related commercial recreation uses are a separate category. Temporary events of less than two weeks’ duration are regulated as exhibitors under Chapter 5.10 NMC. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. Outdoor commercial recreation uses provide entertainment, recreation, and fitness activities for spectators or participants outdoors. Fees usually are charged for admission or participation.

B. Accessory Uses. Eating and drinking establishments and retail sales for spectators or participants.

C. Examples. Drive-in theaters, sports stadiums, race tracks, outdoor driving ranges, amusement parks, outdoor miniature golf courses.

D. Exclusions. Recreational facilities accessory to a school or church use, regardless of whether admission is charged. Golf courses are a separate use. Vehicle-related commercial recreation use is a separate category. Temporary events of less than two weeks’ duration are regulated as exhibitors under Chapter 5.10 NMC. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. Motor-vehicle-related commercial recreation uses provide entertainment or recreation with motorized vehicles for spectators and/or participants.

B. Accessory Uses. Eating and drinking establishments and retail sales for spectators or participants.

C. Examples. Car or motorcycle racing tracks, drag strips, go cart tracks, remote control vehicles.

D. Exclusions. Noncommercial remote control vehicle tracks open for public use or accessory to park use. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

The following commercial lodging uses are defined in NMC 15.05.030:

A. Vacation rental home.

B. Bed and breakfast establishment.

C. Hotel or motel.

D. Recreational vehicle park. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

[Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. Traded sector industry offices are corporate offices for traded sector industries that design, research, or create a product where the manufacturing is done at a different facility, or the product is intangible or intellectual. It may include offices for management of corporations or sales of products where the primary market is beyond the local region. General public visits to the office are very infrequent.

B. Accessory Uses. On-site testing or modeling, where such manufacturing comprises less than 20 percent of the floor area.

C. Examples. Offices for architects, surveyors, engineers, financial institutions, insurance companies, manufacturing designers, software companies and Internet based businesses where the clientele served by the office are largely beyond the local region, call centers, technical support centers, movie studios, television or radio station studios.

D. Exclusions.

1. Local business offices, medical offices, personal services, commercial services are separate uses.

2. Office uses accessory to on-site manufacturing are classified under the primary use. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. Industrial service uses provide services to other businesses or industries. Services often are provided off site at the customer location. Services to the general public are allowed, but general public visits to the site are infrequent. Items to be serviced may be brought in and out by truck, trailer or forklift. Materials may be stored in warehouses, or outside in enclosed areas. Trailers and medium or heavy duty vehicles may be used and stored on site.

B. Accessory Uses. Sale of items related to the service is permitted.

C. Examples. Plumbing, heating and cooling services, construction contractors, building or landscape maintenance services, large animal veterinary clinics/hospitals, laboratories, farm implement repair, medium and heavy duty vehicle repair.

D. Exclusions. Commercial vehicle service and commercial service are separate uses. Truck stops. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. Wholesale sales uses sell goods or merchandise to retailers, to industrial, commercial, institutional, or other professional business users, or to other wholesalers and related subordinated services. Items are only occasionally sold directly to the general public.

B. Accessory Uses. Retail sales of items to business people visiting the site.

C. Examples. Wholesale lumber yards, construction materials stores primarily serving contractors, construction equipment rental yards, wholesale nursery sales, agricultural machinery sales, agricultural supply stores.

D. Exclusions. Livestock sales. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. Warehouse, storage and distribution uses involve the storage, or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. It includes data centers that store and distribute electronic data. There is little on-site sales activity with the customer present.

B. Accessory Uses. Accessory uses may include offices, truck fleet parking and maintenance areas, rail spur or lead lines, docks, and repackaging of goods.

C. Examples. Examples include separate warehouses used by retail stores such as furniture and appliance stores; household moving and general freight storage; cold storage plants, including frozen food lockers; storage of weapons and ammunition; major wholesale distribution centers; truck, marine, or air freight terminals; bus barns; parcel services; major post offices; grain terminals; the stockpiling of sand, gravel, or other aggregate materials; contractors equipment storage; and data centers.

D. Exclusions.

1. Uses that involve the transfer or storage of solid or liquid wastes are classified as waste-related uses.

2. Self-service storage is a separate use category. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. Self-service storage uses provide separate storage areas for individual or business uses. The storage areas are designed to allow private access by the tenant for storing personal property.

B. Accessory Uses. Accessory uses may include security and leasing offices. Living quarters for one resident manager per site are allowed. Other living quarters are subject to the regulations for residential uses. Use of the storage areas for sales, service and repair operations, or manufacturing is not considered accessory to the self-service storage use. The rental of trucks or equipment is also not considered accessory to a self-service storage use.

C. Examples. Examples include single-story and multistory facilities that provide individual storage areas for rent. These uses are also called mini-warehouses. RV storage.

D. Exclusions. A transfer and storage business where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred is in the warehouse, storage and distribution category. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. Light manufacturing uses involve manufacturing, processing, fabrication, packaging, or assembly of goods. These types of firms are involved in the secondary processing and assembly of materials and components into finished products, generally for the wholesale market, for transfer to other plants, or to order for firms or consumers. The external impact from these uses is generally less than heavy manufacturing. Outdoor storage and processing of goods and materials is less than 10 percent of the site. Transportation needs are often met by truck. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales. Relatively few customers come to the manufacturing site (typically fewer than five per day per 1,000 square feet of floor area).

B. Accessory Uses. Retail sales of goods produced on site, provided the floor area devoted to retail sales is small (less than 10 percent of the floor area, up to 2,000 square feet).

C. Examples. Instrument and machinery manufacturers, food processors, furniture manufacturers, wineries, wholesale bakeries.

D. Exclusions. Heavy manufacturing is a separate category. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. Heavy manufacturing is a use that involves manufacturing, processing, fabrication, packaging, or assembly of large volumes of raw materials into refined products. These types of firms have significant external impacts. Outdoor storage and processing of goods and materials may exceed 10 percent of the site. Transportation needs are often met by both truck and rail. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales. Relatively few customers come to the manufacturing site (typically fewer than five per day per 1,000 square feet of floor area).

B. Accessory Uses. Retail sales of goods produced on site, provided the floor area devoted to retail sales is small (less than 10 percent of the floor area, up to 2,000 square feet), and on-site sales represent less than 10 percent of total product sales.

C. Examples. Asphalt and concrete plants, paper mills, steel mills, abattoirs.

D. Exclusions. Uses that involve storage of materials without any processing. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. Waste-related uses receive solid or liquid wastes from others for disposal on the site or for transfer to another location, collect sanitary wastes, or manufacture or produce goods or energy from the biological decomposition of organic material. Waste-related uses also include uses that receive hazardous wastes from others and are subject to the regulations of OAR 340-100-110, Hazardous Waste Management.

B. Accessory Uses. Accessory uses may include recycling of materials, offices, and repackaging and transshipment of byproducts.

C. Examples. Examples include sanitary landfills, limited use landfills, waste composting, energy recovery plants, portable sanitary collection equipment storage and pumping, and hazardous waste collection sites, automobile wrecking yards.

D. Exclusions.

1. Disposal of clean fill, as defined in OAR 340-093-0030, is considered a fill, not a waste-related use.

2. Sewer pipes that serve a development are considered a basic utility.

3. Wastewater treatment plants are a separate use. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

A. Characteristics. Uses in this category are involved in the manufacturing, processing, fabrication, packaging or assembly of goods, with an associated public commercial component on site. Uses in this category can also include involvement of manufacturing and selling of artisan goods such as leather, glass cutlery, paper, ceramic, textile, yard, or similar products on site.

B. Accessory uses. Retail sales, display and consumption of goods produced on site.

C. Examples. Weaving or production of textiles or apparel. Woodworking, including furniture and cabinet makers. Manufacture or assembly of machinery, equipment, instruments, including musical instruments, vehicles, appliances, precision items, and other electrical items. Production of artwork and toys. Art studios, furniture makers and metalwork manufacturers with retail areas on site.

D. Exclusions. Uses are distinct from light manufacturing because of the larger commercial component. Uses are also distinct from retail, food, and beverage uses as they do not include food or beverage uses. Manufacturing uses with no retail sales component are classified as light manufacturing uses. [Ord. 2930 § 4 (Exh. A-3), 1-6-25.]

The following residential uses are defined in NMC 15.05.030:

A. Accessory building.

B. Accessory use. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]

The zoning use table under NMC 15.305.020 identifies the land uses that are allowed in the various zoning districts. The specific land use categories are described in Chapter 15.303 NMC.

The table identifies each use as one of the following:

If none of the codes above are indicated, then the use is not permitted within the zone. [Ord. 2935 § 1 (Exh. A-1), 2025; Ord. 2763 § 1 (Exh. A § 6), 9-16-13.]

Notes.

(1) Limited to sites with preexisting agricultural uses, including at time of annexation.

(2) Limited to one per lot as a permitted use. More than one per lot allowed only through a conditional use permit or planned unit development, subject to density limits of NMC 15.405.010(B).

(3) Permitted on individual lots created prior to November 17, 1992. Homes on individual lots created on or after November 17, 1992, will only be permitted through the planned unit development process.

(4) The permitted density shall be stated on the conditional use permit.

(5) The dwelling units must front onto Hancock Street. No more than 30 percent of a single street frontage of a block may be occupied by residential uses. Contiguous residential street frontage must be less than 60 lineal feet. Density and parking standards for allowable dwelling units must be met.

(6) One single-family, duplex, triplex or quadplex dwelling, or up to four townhouses or cottage dwellings per lot with the addition of a tie-down or hangar for an airplane. At a minimum, a paved tie-down or hangar shall be provided on the property, or the property shall include permanent rights to a private hangar within the subdivision. See Chapter 15.336 NMC.

(7) The homes are not subject to the development standards set forth in NMC 15.445.050 through 15.445.070.

(8) The units must be located on the same lots as another use permitted or conditionally permitted in the C-3 or M-5 zone and may not occupy the first floor storefront area (the portion of the building closest to the primary street), except on E/W Second Street where dwelling units are permitted to occupy the first floor of a building. There shall be no density limitation. Private parking areas or garages are not required for dwelling units located within buildings in existence prior to and including June 30, 1999. Parking shall be provided for all new dwelling units within any building constructed after June 30, 1999, in private parking areas or garages on the basis of one parking space for each dwelling unit.

(9) Permitted on the ground floor, one per lot in conjunction with any other use permitted or conditional use in the C-1 zone. On upper floors, dwelling units are unlimited and one parking space per dwelling unit is required.

(10) Permitted above any permitted use in the C-2 or M-5 zone. There shall be no density limitation. Parking shall be provided in private parking areas or garages on the basis of one parking space for each dwelling unit.

(11) The units must be located on the same lot as another use permitted or conditionally permitted in the C-4 district and may not occupy the first-floor storefront area (the portion of the building closest to the primary street). There shall be no density limitation. Parking shall be provided for all new dwelling units in private parking areas or garages on the basis of a maximum of one parking space for each dwelling unit.

(12) One residence of area not more than 40 percent of the area of the hangar floor, up to a maximum of 1,500 square feet, for an airport caretaker or security officer on each separate parcel.

(13) Permitted in existing dwelling units only. New dwelling units may not be created for this use unless the dwelling unit would otherwise be allowed.

(14) Allowed exclusively for employers or employees of businesses located within this district.

(15) Facility over 40,000 square feet gross floor area requires a conditional use permit.

(16) Allowed in areas designated in industrial area plans.

(17) Limited to facilities owned or operated by a public agency.

(18) Parking garages are a conditional use, and must have first floor street frontage of 40 feet or less for ingress or egress. First floor development must be commercial.

(19) A conditional use permit is required if the facility is less than 2,000 feet from the nearest telecommunication facility.

(20) Businesses in the C-1 zone that have hours of operation between 10:00 p.m. and 7:00 a.m. require a conditional use permit.

(21) Drive-up service windows accessory to an existing business on the site with walk-in customer service, such as a drive-up bank window, are allowed only with a conditional use permit. Otherwise, drive-up service windows, except those in service on April 1, 2002, are prohibited. Changes in use will not be allowed.

(22) Retail sales of goods on site not allowed.

(23) Limited to secondhand stores.

(24) Store size is limited to 2,000 square feet gross floor area.

(25) Store size is limited to 5,000 square feet gross floor area.

(26) Use must demonstrate that it is compatible with airport operations.

(27) Limited to service stations.

(28) Limited to card lock fueling only. Retail services are limited to self-vending services.

(29) Permitted provided the structure is designed for easy conversion to industrial use, including not having fixed seating.

(30) Limited to 10,000 square feet maximum floor area.

(31) Allowed indoors only.

(32) Allowed indoors only. Outdoor use requires a conditional use permit.

(33) Must be aviation-related. See Chapter 15.332 NMC.

(34) Limited to expansion or change of existing heavy manufacturing uses.

(35) Shall not be located at the same address as a state-registered marijuana grow site, or within 1,000 feet of the real property comprising a public park, a public elementary or secondary school for which attendance is compulsory under ORS 339.020 or a private or parochial elementary or secondary school, teaching children as described in ORS 339.030(1)(a). Distance is measured in a straight line in a radius extending for 1,000 feet or less in any direction from the closest point anywhere on the boundary line of the real property comprising an existing public park, public elementary or secondary school or a private or parochial elementary or secondary school to the closest point of the premises of a dispensary. The premises consist of the dispensary building, or the portion of the building used for a dispensary. Shall not be located within 1,000 feet of another medical marijuana dispensary. Operating hours are limited to the hours between 9:00 a.m. and 10:00 p.m.

(36) Allows up to 12 mature plants; indoor operations only.

(37) Indoor use only.

(38) The use is not allowed within 1,000 feet of the real property comprising a public park, a public elementary or secondary school for which attendance is compulsory under ORS 339.020 or a private or parochial elementary or secondary school, teaching children as described in ORS 339.030(1)(a). Distance is measured in a straight line in a radius extending for 1,000 feet or less in any direction from the closest point anywhere on the boundary line of the real property comprising an existing public park, public elementary or secondary school or a private or parochial elementary or secondary school to the closest point of the premises of a recreational processor, wholesaler or retailer, or medical marijuana processor and wholesaler.

(39) One-thousand-foot separation between retailer to retailer premises and 1,000-foot separation between retailer to dispensary premises.

(40) Operating hours limited to the hours between 9:00 a.m. and 10:00 p.m.

(41) Must be a rail-oriented use and/or property. [Ord. 2935 § 1 (Exh. A-1), 2025; Ord. 2933 § 1 (Exhs. A-1a, A-1b), 2-18-25; Ord. 2930 § 4 (Exh. A-3), 1-6-25; Ord. 2928 § 1 (Exh. A-1 § 2), 9-3-24; Ord. 2889 § 2 (Exh. B § 14), 12-6-21; Ord. 2880 § 2 (Exh. B § 16), 6-7-21; Ord. 2868 § 1 (Exh. A), 11-16-20; Ord. 2857 § 1 (Exh. A §§ 1, 2), 3-16-20; Ord. 2851 § 1 (Exh. A § 1), 1-21-20; Ord. 2840 § 1 (Exh. A § 1, Att. 1), 10-15-18; Ord. 2832 § 1 (Exh. A, Att. 1), 7-2-18; Ord. 2820 § 1 (Exh. A § 1, Att. 1), 9-18-17; Ord. 2809 § 1 (Exh. A § 1), 9-19-16; Ord. 2801 § 1 (Exh. A § 2), 6-6-16; Ord. 2798 § 1 (Exh. A § 2), 4-4-16; Ord. 2793 § 2 (Exh. A § 1), 2-1-16; Ord. 2780 § 1 (Exh. A § 2), 4-6-15; Ord. 2763¹ § 1 (Exh. A § 6), 9-16-13.]