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Oregon City Zoning Code

TITLE THREE

Zoning Districts and Regulations

1115.01 OFFICIAL ZONING MAP.

   The districts established in Chapter 1121, as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of the Zoning Ordinance.
(Ord. 164-1984. Passed 1-28-85.)

1115.02 IDENTIFICATION OF THE OFFICIAL ZONING MAP.

   The official Zoning Map shall be identified by the signature of the Mayor, attested by the Clerk of Council, and bear the seal of the City of Oregon. The Official Zoning Map shall be titled “The Map of the Zoning Code of the City of Oregon, Lucas County, Ohio”.
(Ord. 269-2001. Passed 12-17-01.)

1115.03 INTERPRETATION OF DISTRICT BOUNDARIES.

   Where uncertainity exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following rules shall apply:
   (a)   Where district boundaries are indicated as approximately following the centerlines of the thoroughfares or highways, street lines or highway right-of- way lines, such centerlines, street lines or highway right-of-way lines shall be construed to be such boundaries;
   (b)   Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be such boundaries;
   (c)   Where district boundaries are so indicated that they are approximately parallel to the centerlines, center of the right of way, or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map;
   (d)   Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of such railroad line;
   (e)   Where the boundary of a district follows a stream, lake or other body of water, such boundary line shall be deemed to be at the limit of the jurisdiction of the City unless otherwise indicated;
   (f)   Whenever any street, alley or other public way is vacated, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the centerline thereof and such vacated area shall then be subject to all appropriate regulations of the extended districts;
   (g)   All areas within the corporate limits of the City which are under water and not shown as included within any district shall be subject to all the regulations of the district which immediately adjoins the water area. If the water area adjoins two or more districts, the boundaries of each district shall be construed to extend to the center of the water area.
(Ord. 164-1984. Passed 1-28-85.)

1115.04 RESPONSIBILITY FOR MAINTAINING OFFICIAL ZONING MAP.

   “The Map of the Zoning Code of the City of Oregon, Lucas County, Ohio,” shall be kept on file in the office of the Commissioner of Building and Zoning Inspection.
   The Zoning Inspector shall have the responsibility for maintaining a duplicate working copy of the Official Zoning Map. This Map shall be kept current and include all Map amendments, annexations and other significant changes.
(Ord. 164-1984. Passed 1-28-85.)

1121.01 USES BY RIGHT.

   The following uses or structures are considered incidental to the proper use and function of all activities and area allowed in any district.
   (a)   Utilities. The placement of public or publicly chartered railroad lines or utility lines above or below ground and including all necessary pumps, transformers, distribution structures or terminals, and any generation, exchange or treatment facility. Not included are utility administrative offices or railroad terminals, yards or storage tracks, or cellular communication towers.
   (b)   Accessory Buildings and Uses. All structures or activities incidental to the primary use of the land or structure, included are garages, storage buildings, sheds, swimming pools, porches and walks when designed for use by the primary occupants of the land or structure, subject to the provisions of Chapter 1155.
   (c)   Temporary Signs. A sign pertaining to the sale or lease of the land or structures.
   (d)   Public Facilities. Public schools, parks or community facilities.
      (Ord. 269-2001. Passed 12-17-01.)

1121.02 CLASSIFICATION OF DISTRICTS.

   In order to classify, regulate and restrict the location of trades and industries and the location of buildings designed for specified uses, to regulate and limit the height, bulk, location and use of buildings and other structures hereafter erected or structurally altered; to regulate and limit the intensity of the use of the lot areas; to regulate and determine building setbacks lines, areas and dimensions of yards and other open spaces within the area surrounding such buildings, the City is hereby divided into use districts of which there shall be known and hereinafter referred to as:
 
Symbol      District Title      
A-1      Agricultural      
R-1      Low Density Residential
R-2      Medium Density Residential
R-3      Multiple Family Residential
R-4      Planned Residential    
R-5      Condo-Residential   
C-1      Neighborhood Commercial
Symbol      District Title
C-2      General Commercial
C-3      Planned Commercial
C-4      Dustin Road Business
C-5      Navarre Avenue Business
M-1      Light Industrial
M-2      General Industrial
C-Ind      Commercial-Industrial
Park      Park Area
(Ord. 269-2001. Passed 12-17-01.)

1123.01 PURPOSE.

   An A-1 Agricultural District provides for farmsteads, low density residences and areas for plant cultivation, livestock, greenhouses, and other related agricultural activities. The limitation that only one primary structure is permitted on a lot shall not apply to farmsteads. An A-1 Agricultural District also may be used as a holding district in which an area would be zoned A-1 Agricultural until urban development becomes appropriate and available. At that time the area would be rezoned to accommodate urban or suburban densities which are consistent with the Master Plan. This district is also appropriate for areas in the Master Plan designated for agricultural reserves.
(Ord. 164-1984. Passed 1-28-85.)

1123.02 PERMITTED USES.

   A structure or lot within the A-1 District may be used for the following purposes. If a use is not expressly permitted, the use is prohibited.
   (a)   Farmsteads.
   (b)   Single-Family dwellings.
   (c)   Plant cultivation.
   (d)   Livestock.
   (e)   Greenhouses.
   (f)   Roadside stands for the display and sale of produce grown on the premises.
 
      Bulk and Density Regulations                          Building Floor Area
Minimums
Minimum
Lot Area   Building Setbacks   Minimum   Maximum Height      Maximum   One Story   Two Story
Per Family                Lot                     Structure    (sq. ft.)    (sq. ft.)
            Frontage         Coverage
      Front Side Rear            Feet    Floors
    Yard Yard Yard
1 Acres       50    30 50    200       35        3         N/A            1200      1300
    Supplementary District Regulation exceptions to this Table are listed in Chapter 1153
(Ord. 269-2001. Passed 12-17-01.)

1123.03 ACCESSORY USES AND STRUCTURES.

   The following uses and structures are allowed in an A-1 District subject to the provisions and regulations of Title Five of this Zoning Ordinance.
   (a)   Accessory buildings, per Section 1155.01.
   (b)   Fences, per Section 1155.02.
   (c)   Parking and storage of boats, recreational vehicles and utility equipment, per Section 1155.03.
   (d)   Private swimming pool, per Section 1155.04.
   (e)   Community or club pool, per Section 1155.05.
   (f)   Stabling of horses, per Section 1155.06.
   (g)   Tennis courts, per Section 1155.07.
   (h)   Off-street parking and loading, per Chapter 1157.
   (i)   Home occupations, per Chapter 1159.
   (j)   Uses, buildings or structures customarily incidental to a principal permitted use or conditionally permitted use located on the same lot therewith.
      (Ord. 269-2001. Passed 12-17-01.)

1123.04 SPECIAL USES ALLOWED.

   The uses eligible for consideration as special use exceptions set forth in Section 1113.06 are permitted in this district if approved pursuant to Chapter 1113.
(Ord. 175-1990. Passed 11-12-90.)

1123.05 CONDITIONAL USES ALLOWED.

   The following conditional uses are allowed in an A-1 District if their location and development are first approved by the Planning Commission, according to the procedures set forth in Chapter 1107.
   (a)   Airports and landing fields, per Section 1107.08(b)(3).
   (b)   Cemeteries, per Section 1107.08(b)(4).
   (c)   Golf or country club, lodge or private recreation club, per Section 1107.08(b)(8).
   (d)   Bed and breakfast establishments.
(Ord. 069-2017. Passed 5-22-17.)

1123.06 ADDITIONAL REQUIREMENTS.

   Additional requirements for A-1 District can be found in the following sections:
   (a)   Supplemental district requirements as set forth in Chapter 1153.
      (Ord. 269-2001. Passed 12-17-01.)

1125.01 PURPOSE.

   This district provides for areas of low density residences on lots of approximately one- half acre. It is not to be used as a transition zone, but shall reflect areas in which lot density and large lots are the most appropriate use. Centralized public water and sewer facilities are required.
(Ord. 164-1984. Passed 1-28-85.)

1125.02 PERMITTED USES.

   A structure or lot within the R-1 District may be used only for the following purposes. If a use is not expressly permitted, the use is prohibited.
   (a)   Single-family dwellings.
 
      Bulk and Density Regulations                          Building Floor Area
Minimums
Minimum
Lot Area   Building Setbacks   Minimum   Maximum Height      Maximum   One Story   Two Story
Per Family                Lot                     Structure    (sq. ft.)    (sq. ft.)
            Frontage         Coverage
      Front Side Rear            Feet    Floors
    Yard Yard Yard
20,000SF    35    20   40    100       35       3       35% I.S.R.    1200    1300
      Supplementary District Regulation exceptions to this Table are listed in Chapter 1153
(Ord. 269-2001. Passed 12-17-01.)

1125.03 ACCESSORY USES AND STRUCTURES.

   The following uses and structures are allowed in an R-1 District subject to the provisions and regulations of Title Five of this Zoning Ordinance.
   (a)   Accessory buildings, per Section 1155.01.
   (b)   Fences, per Section 1155.02.
   (c)   Parking and storage of boats, recreational vehicles and utility equipment, per Section 1155.03.
   (d)   Private swimming pool, per Section 1155.04.
   (e)   Community or club pool, per Section 1155.05.
   (f)   Tennis courts, per Section 1155.07.
   (g)   Off-street parking and loading, per Chapter 1157.
   (h)   Home occupations, per Chapter 1159.
   (i)   Uses, buildings or structures customarily incidental to a principal permitted use or conditionally permitted use located on the same lot therewith.
      (Ord. 269-2001. Passed 12-17-01.)

1125.04 SPECIAL USES ALLOWED.

   The uses eligible for consideration as special use exceptions set forth in Section 1113.06 are permitted in this district if approved pursuant to Chapter 1113.
(Ord. 175-1990. Passed 11-12-90.)

1125.05 CONDITIONAL USES ALLOWED.

   The following conditional uses are allowed in an R-1 District if their location and development are first approved by the Planning Commission, according to the procedures set forth in Chapter 1107.
   (a)   Cemeteries, per Section 1107.08(b)(4).
   (b)   Mortuaries, per Section 1107.08(b)(6).
   (c)   Golf or country club, lodge or private recreation club, per Section 1107.08(b)(8).
   (d)   Churches per Section 1107.08(b)(10).
   (e)   Community Social Service Facilities.
(Ord. 069-2017. Passed 5-22-17.)

1125.06 ADDITIONAL REQUIREMENTS.

   Additional requirements for R-1 District can be found in the following sections:
   Supplemental district requirements as set forth in Chapter 1153.
(Ord. 269-2001. Passed 12-17-01.)

1127.01 PURPOSE.

   The purpose of the R-2 District is to provide for areas of medium density residences. It is designed to provide for single-family housing on individual lots of approximately one- quarter acre. Public water and sewer facilities are required and they must meet the standards of the Board of Health.
(Ord. 164-1984. Passed 1-28-85.)

1127.02 PERMITTED USES.

   A structure or lot within the R-2 District may be used only for the following purposes. If a use is not expressly permitted, the use is prohibited.
   (a)   Single-family dwellings.
 
      Bulk and Density Regulations                          Building Floor Area
Minimums
Minimum
Lot Area   Building Setbacks   Minimum   Maximum Height      Maximum   One Story   Two Story
Per Family                Lot                     Structure    (sq. ft.)    (sq. ft.)
            Frontage         Coverage
      Front Side Rear            Feet    Floors
    Yard Yard Yard
10,000SF    25    5 and    30    70       35       3       65% I.S.R.    1200    1300
          8
   Supplementary District Regulation exceptions to this Table are listed in Chapter 1153
(Ord. 269-2001. Passed 12-17-01.)

1127.03 ACCESSORY USES AND STRUCTURES.

   The following uses and structures are allowed in an R-2 District subject to the provisions and regulations of Title Five of this Zoning Ordinance.
   (a)   Accessory buildings, per Section 1155.01.
   (b)   Fences, per Section 1155.02.
   (c)   Parking and storage of boats, recreational vehicles and utility equipment, per Section 1155.03.
   (d)   Private swimming pool, per Section 1155.04.
   (e)   Community or club pool, per Section 1155.05.
   (f)   Tennis courts, per Section 1155.07.
   (g)   Off-street parking and loading, per Chapter 1157.
   (h)   Home occupations, per Chapter 1159.
   (i)   Uses, buildings or structures customarily incidental to a principal permitted use or conditionally permitted use located on the same lot therewith.
      (Ord. 269-2001. Passed 12-17-01.)

1127.04 SPECIAL USES ALLOWED.

   The uses eligible for consideration as special use exceptions set forth in Section 1113.06 are permitted in this district if approved pursuant to Chapter 1113.
(Ord. 175-1990. Passed 11-12-90.)

1127.05 CONDITIONAL USES ALLOWED.

   The following conditional uses are allowed in an R-2 District if their location and development are first approved by the Planning Commission, according to the procedures set forth in Chapter 1107.
   (a)   Cemeteries, per Section 1107.08(b)(4).
   (b)   Mortuaries, per Section 1107.08(b)(6).
   (c)   Golf or country club, lodge or private recreation club, per Section 1107.08(b)(8).
   (d)   Churches per Section 1107.08(b)(10).
   (e)   Duplex, per Section 1107.08(b)(11).
   (f)   Community social service facilities.
(Ord. 069-2017. Passed 5-22-17.)

1127.06 ADDITIONAL REQUIREMENTS.

   Additional requirements for the R-2 District can be found in the following sections:
   (a)   Supplemental district requirements are as set forth in Chapter 1153.
      (Ord. 269-2001. Passed 12-17-01.)

1129.01 PURPOSE.

   The purpose of the R-3 District is to permit the establishment of medium density two- family and multiple family dwellings. This district may act as a buffer between various nonresidential uses and less dense residential uses, and thus serve as a transitional area. Centralized public sewer and water facilities are required.
(Ord. 164-1984. Passed 12-8-85.)

1129.02 PERMITTED USES.

   A structure or lot within the R-3 District may be used for the following purposes. If a use is not expressly permitted, the use is prohibited:
   (a)   Two-family dwellings.
   (b)   Three or four-family dwellings.
   (c)   Multiple family dwellings.
   (d)   Bed and breakfast establishments.
   (e)   Vehicular storage buildings accessory to multiple family structures.
   (f)   Private community or recreation facilities.
 
      Bulk and Density Regulations                          Building Floor Area
Minimums
Minimum
Lot Area   Building Setbacks   Minimum   Maximum Height      Maximum   One Story   Two Story
Per Family                Lot                     Structure    (sq. ft.)    (sq. ft.)
(sq. ft.)            Frontage         Coverage
      Front Side Rear            Feet    Floors
    Yard Yard Yard
6,000SF       25    5      30    70       35       3       55% I.S.R.       910          910
per Two
Family
4,000SF      25    5      20    100        35       3       55% I.S.R.       600          N/A
per Mutli-
Family
   Supplementary District Regulation exceptions to this Table are listed in Chapter 1153
(Ord. 269-2001. Passed 12-17-01.)

1129.03 ACCESSORY USES AND STRUCTURES.

   The following uses and structures are allowed in an R-3 District subject to the provisions and regulations of Title Five of this Zoning Ordinance.
   (a)   Accessory buildings, per Section 1155.01.
   (b)   Fences, per Section 1155.02.
   (c)   Parking and storage of boats, recreational vehicles and utility equipment, per Section 1155.03.
   (d)   Private swimming pool, per Section 1155.04.
   (e)   Community or club pool, per Section 1155.05.
   (f)   Tennis courts, per Section 1155.07.
   (g)   Off-street parking and loading, per Chapter 1157.
   (h)   Home occupations, per Chapter 1159.
   (i)   Uses, buildings or structures customarily incidental to a principal permitted use or conditionally permitted use located on the same lot therewith.
      (Ord. 269-2001. Passed 12-17-01.)

1129.04 SPECIAL USES ALLOWED.

   The uses eligible for consideration as special use exceptions set forth in Section 1113.06 are permitted in this district if approved pursuant to Chapter 1113.
(Ord. 175-1990. Passed 11-12-90.)

1129.05 CONDITIONAL USES ALLOWED.

   The following conditional uses are allowed in an R-3 District if their location and development are first approved by the Planning Commission, according to the procedures set forth in Chapter 1107.
   (a)   Cemeteries, per Section 1107.08(b)(4).
   (b)   Mortuaries, per Section 1107.08(b)(6).
   (c)   Golf or country club, lodge or private recreation club, per Section 1107.08(b)(8).
   (d)   Churches per Section 1107.08(b)(10).
   (e)   Assisted living facilities, nursing homes, rest homes, or homes for the aged, per Section 1107.08(b)(7).
   (f)   Community social service facilities.
(Ord. 069-2017. Passed 5-22-17.)

1129.06 ADDITIONAL REQUIREMENTS.

   Additional requirements for R-3 District can be found in the following sections:
   Supplemental districts requirements are as set forth in Chapter 1153.
(Ord. 269-2001. Passed 12-17-01.)

1131.01 PURPOSE.

   This district provides for residential areas which can offer a variety of housing types and site layouts. It encourages a flexibility in design to create a sound living environment which can contain living areas, neighborhood shopping or services, outdoor recreation and leisure areas and public facilities.
   Planned residential areas encourage the use of building forms and lot layout which maximize open and recreation areas, neighborhood communication and access, use of neighborhood facilities, neighborhood views and vistas, etc. Devices to accomplish these objectives include super blocks, cluster housing, attached single-family dwellings or common parkland.
   Planned residential districts are to be established for specific projects or for an area for which a unique character is desired. Approval of a planned residential district consists of two elements. First, approval of the R-4 District zoning, and second, approval of a site plan as provided for in Chapter 1151. Final approval of an R-4 District is not complete until the site plan, or a general development guide as provided for in Section 1131.02(b), has been approved by Council. Because the R-4 District is established to create a specific project or to establish a unique character for an area, approval for such districts shall terminate at three years after approval of the site plan by Council, unless a building permit has been issued for construction in conformance with the approved plans. Upon approval by Council, the term of an R-4 District may be extended for individual periods of up to three years.
(Ord. 164-1984. Passed 1-28-85; Ord. 056-2011. Passed 6-13-11.)

1131.02 DISTRICT ESTABLISHMENT.

   (a)   The establishment of an R-4 District may be initiated by the following:
      (1)   By action of Council or the Planning Commission for any tract of land containing three acres or more; or
      (2)   By application by the owner of any tract of land of three acres or more including individuals, corporations, partnerships, institutions or authorized agencies of the County, State or Federal Government. Review and hearings shall be as provided in Chapter 1111.
   (b)   The establishment of an R-4 District by Council or the Planning Commission shall include a general development guide for the area. The general development guide shall include the following:
      (1)   A statement of the intent and purpose of the function of the district and the character of the land uses to be contained within it.
      (2)   A plan indicating the general location of major thoroughfares, collector streets, general land uses and public facilities.
      (3)   Documentation of the availability, or schedule for availability, of public services and utilities.
      (4)   Any specific development guides or standards appropriate to the area for the location of buildings, criteria for building volumes, open spaces, pedestrian circulation, landscape treatment, preservation of natural features, vehicular circulation, vehicular loading, etc.
      (5)   A minimum of 20% of the gross area of a PRD should be reserved for use as open space.
   Plans for improvements made within an R-4 District which are established by the City, are required to conform only to the provisions of the general development guide and applicable provisions of the Zoning Ordinance. Upon approval of the general development guide, any owner or owners of land within an R-4 District may submit a site plan to Council for improvements of all or a portion of their land within the district. The site plan shall be approved if deemed by Council to be in conformance with the objectives and standards of the approved general development guide. The site plan shall be subject to the same requirements as contained in subsection (c) hereof for application by an owner or owners for an R-4 District.
   (c)   Application for R-4 zoning by an owner or owners of three acres or more of land shall include a site plan of the proposed development. The required site plan shall be subject to Chapter 1151 and the following conditions:
      (1)   Counts of traffic on all streets leading to the site and a forecast of traffic volumes generated by the site, which shall be made by competent experts, may be required by the Planning Commission or Council.
      (2)   All regulations pertaining to setbacks from and screening along adjoining property shall apply. All regulations pertaining to setbacks along streets, between buildings and from drives and parking areas shall apply.
      (3)   Within the limits of the site, buildings may be placed anywhere and are not subject to the limitations on the number of buildings. The limitations on building heights do not apply except that portion of the site used for residences must not exceed the density or site coverage limitations set forth.
      (4)   A minimum of 20% of the gross area of a PRD should be reserved for uses as open space.
 
      Bulk and Density Regulations                          Building Floor Area
Minimums
Minimum
Lot Area   Building Setbacks   Minimum   Maximum Height      Maximum   One Story   Two Story
Per Family                Lot                     Structure    (sq. ft.)    (sq. ft.)
            Frontage         Coverage
      Front Side Rear            Feet    Floors
    Yard Yard Yard
8,000SF       25    10   30    -       35       3            55% I.S.R.       1200    1300
per Single
Family
5,000 SF 25    5      20    -        35       3            55% I.S.R.       910            910
per Two
Family
2,500 SF 25       5      20    -       35       3            55% I.S.R.      600            N/A
per Multi-
Family
N/A      25       10   20    -       25       2            55% I.S.R.      N/A             N/A
      Supplementary District Regulation exceptions to this Table are listed in Chapter 1153
(Ord. 269-2001. Passed 12-17-01.)

1131.03 REVIEW PROCEDURE.

   In addition to the application and review procedures as set forth in Chapter 1111, the following shall be required for establishment of an R-4 District:
   (a)   A District Initiated by the Planning Commission or by Council. Within sixty days of a resolution to initiate the establishment of an R-4 District, the Planning Commission shall have prepared a general development guide for the proposed district. Within thirty days, the Commission shall hold a public hearing on the proposed general development guide. If approved, district change procedures, as outlined in Chapter 1111, shall be initiated. The general development guide shall be made a part of the proposed district change and if such district is approved by Council, the general development guide shall be adopted by resolution of Council.
Submission of a site plan for development within an approved R-4 District shall be made to Council. Council shall submit the plan to the Service Director and to the Planning Commission for review and comments. The Service Director shall review the site plan, solicit comments from appropriate City departments and offices, and shall submit a written report to the Planning Commission within forty-five days. Upon receipt of such report, the Commission shall initiate hearings according to the procedure in Chapter 1111.
   (b)   A District Initiated by a Private Owner. A site plan, prepared in accordance with the standards contained in Chapter 1151 and herein, shall be submitted with an application for an R-4 District. The Service Director shall review such plan, solicit comments from appropriate City departments and offices and shall submit a written report to the Planning Commission within forty-five days. Upon receipt of such report, the Commission shall initiate hearings according to the procedures in Chapter 1111 .
   Limitations or recommendations adopted by the Planning Commission shall be made a part of its recommendation to Council. Approval of an R-4 District shall include approval of the site plan, with any changes or modifications made a part thereof.
(Ord. 164-1984. Passed 1-28-85.)

1131.04 CHANGES OR MODIFICATIONS.

   Minor changes or modifications in an approved site plan for an R District may be made with the approval of the Planning Commission. Major changes shall be made with the approval of the Commission and Council. A major change shall include:
   (a)   An increase in number of dwelling units.
   (b)   A change in area of the site plan.
   (c)   Change in a proposed dedicated street, school site or park.
   (d)   Increase of building height.
   (e)   Increase of total building area by more than ten percent (10%).
   All others shall be deemed a minor change or modification.
(Ord. 164-1984. Passed 1-28-85.)

1131.05 SITE LIMITATIONS.

   A maximum of twenty-five percent (25%) of the net site area including drives and parking areas, less public rights of way, may be devoted to commercial activities. Maximum gross commercial floor area shall be 100 square feet per dwelling unit on the site. The minimum commercial area in a project shall be sufficient to create a viable neighborhood service facility as determined by the Planning Commission. Such activities shall conform to all other sections of this Zoning Ordinance relating to commercial activities.
   Pedestrian and vehicular access from residential to commercial areas of the site must be provided. Access to commercial areas from outside the site shall not pass through residential areas. Residential areas shall be suitably screened from commercial areas, and there shall not be joint usage of parking areas. There shall be at least 100 feet of frontage on a public right of way included within the commercial area.
   Residential areas must occupy at least seventy-five percent (75%) of the site including drives and parking areas, less public right of way.
   Such areas must include at least the following amount of contiguous usable open space to be made available to project residents for recreational activities:
   (a)   Fifty dwelling units or fewer: one-half acre.
   (b)   For each additional fifty dwelling units or portion thereof: one-half acre or portion thereof.
      (Ord. 164-1984. Passed 1-28-85.)

1131.06 PERMITTED USES.

   For the following uses, the residential density shall be computed from the area devoted to a specific housing type, including drives and parking areas and a proportion of common park or open space based on the number of dwelling units and excluding areas of streets. A structure or lot in the R-4 District may be used only for the following purposes. If a use is not expressly permitted, the use is prohibited.
   (a)   Single-family dwellings.
   (b)   Two-family dwellings.
   (c)   Three or four-family dwellings.
   (d)   Multiple family dwellings.
   (e)   Bed and breakfast establishments.
   (f)   Vehicular storage buildings accessory to multiple family structures.
   (g)   Private community or recreation facilities.
   (h)   Personal services, neighborhood or convenience goods retail sales or services whose location and uses are designed to service immediate neighborhood residents. Permitted uses include the following commercial activities, except that commercial parking lot or automobile storage are not allowed.
      (1)   Retail sales in structures of less than 10,000 gross square feet whose primary clientele is area residents. Acceptable sales activities includes drug, food, clothing, but not department or discount stores, variety goods, etc.
      (2)   Restaurants and food service establishments provided that service is not made to parked automobiles.
      (3)   Professional, medical-dental offices and business offices in structures of less than 10,000 gross square feet.
      (4)   Banks and financial institutions provided that no automobile service is allowed.
      (5)   Retail services in structures of less than 10,000 gross square feet.
      (6)   Lodges or private clubs.
(Ord. 269-2001. Passed 12-17-01.)

1131.07 ACCESSORY USES AND STRUCTURES.

   The following uses and structures are allowed in an R-4 District subject to the provisions and regulations of Title Five of this Zoning Ordinance.
   (a)   Accessory buildings, per Section 1155.01.
   (b)   Fences, per Section 1155.02.
   (c)   Parking and storage of boats, recreational vehicles and utility equipment, per Section 1155.03.
   (d)   Private swimming pool, per Section 1155.04.
   (e)   Community or club pool, per Section 1155.05.
   (f)   Tennis courts, per Section 1155.07.
   (g)   Off-street parking and loading, per Chapter 1157.
   (h)   Home occupations, per Chapter 1159.
   (i)   Vehicular storage buildings accessory to multiple family structures.
   (j)   Uses, buildings or structures customarily incidental to a principal permitted use or conditionally permitted use located on the same lot therewith.
      (Ord. 269-2001. Passed 12-17-01.)

1131.08 SPECIAL USES ALLOWED.

   The uses eligible for consideration as special use exceptions set forth in Section 1113.06 are permitted in this district if approved pursuant to Chapter 1113.
(Ord. 175-1990. Passed 11-12-90.)

1131.09 CONDITIONAL USES ALLOWED.

   The following conditional uses are allowed in an R-4 District if their location and development are first approved by the Planning Commission, according to the procedures set forth in Chapter 1107.
   (a)   Golf or country club, lodge or private recreation club, per Section 1107.08(b)(8).
   (b)   Churches per Section 1107.08(b)(10).
   (c)   Nursing homes, rest homes, or homes for the aged, per Section 1107.08(b)(7).
   (d)   Manufactured home subdivisions per Section 1107.08(b)(14).
      (Ord. 269-2001. Passed 12-17-01.)

1131.10 ADDITIONAL REQUIREMENTS.

   Additional requirements for R-4 District can be found in the following sections:
   (a)   Supplemental district requirements as set forth in Chapter 1153.
      (Ord. 269-2001. Passed 12-17-01.)

1132.01 PURPOSE.

   This district provides for low-density, multi-family residential areas which can offer a variety of housing types and site layouts especially suited for condominium development. It encourages a flexibility in design to create a sound living environment which can contain living areas, immediately adjacent to shopping or services, outdoor recreation and leisure areas and public facilities.
   Condo-residential areas encourage the use of building forms and lot layout which maximize open and recreation areas, neighborhood views and vistas, etc. The limitation of Section 1153.02 on primary structures shall not apply in this district.
(Ord. 269-2001. Passed 12-17-01.)

1132.02 PLAN REQUIRED.

   No zoning permit may be issued for any development in an R-5 District unless a site plan for the same has been submitted to the Commissioner of Building and Zoning Inspection and approved as provided herein.
(Ord. 105-87. Passed 8-10-87.)

1132.03 REVIEW AND APPROVAL OF SITE PLANS AND ZONING PERMITS.

   The following provisions apply to the submission, review and approval of site plans and zoning permits in an R-5 Condo-Residential District.
   (a)   Any construction, re-construction or change in use of land which requires the issuance of a zoning permit shall also require the submission and approval of a site plan under Chapter 1151.
   (b)   Prior to issuance of any zoning permit an owner of real estate must dedicate such additional right of way and other sewer, drainage and utility easements as are necessary to:
      (1)   Comply with the City’s master plan for streets, drainage and sanitary sewers.
      (2)   Comply with the plan for interior streets set forth in Appendix A to this chapter or such alternative plan for interior streets as may be approved by the Director of Public Service which meets the following criteria:
         A.   No area zoned R-5 shall be further than 330 feet from the centerline of a street.
         B.   Any interior street shall connect to an existing street, whether or not improved.
         C.   Any new interior street may be disapproved for failing to connect to an existing street within 1,000 feet to its furthest point.
         D.   All interior streets must be dedicated to a full 80 feet right of way.
         E.   Council may by ordinance approve any interior street design whether or not the same is consistent herewith.
   (c)   Demonstrate that all deferred assessments for waterline, sanitary sewers and related improvements have been paid.
(Ord. 153-1987. Passed 10-26-87.)

1132.04 CHANGES OR MODIFICATIONS.

   Minor changes or modifications in an approved site plan for an R-5 District may be made with the approval of the Planning Commission. Major changes shall be made with the approval of the Commission and Council. A major change shall include:
   (a)   An increase in number of dwelling units.
   (b)   A change in area of the site plan.
   (c)   Change in a proposed dedicated street, school site or park.
   (d)   Increase of building height.
   (e)   Increase of total building area by more than ten percent (10%).
   All others shall be deemed a minor change of modification.
(Ord. 105-87. Passed 8-10-87.)

1132.05 SITE LIMITATIONS.

   A maximum of twenty-five percent (25%) of the net site area including drives and parking areas, less public rights of way, may be devoted to commercial activities. Maximum gross commercial floor area in a project shall be sufficient to create a viable neighborhood service facility as determined by the Planning Commission. Such activities shall conform to all other sections of this Zoning Ordinance relating to commercial activities.
   Pedestrian and vehicular access from residential to commercial areas of the site must be provided. Access to commercial areas from outside the site shall not pass through residential areas. Residential areas shall be suitably screened from commercial areas, and there shall not be joint usage of parking areas. There shall be at least 100 feet of frontage on a public right of way included within the commercial areas.
   Residential areas must occupy at least seventy-five percent (75%) of the site including drives and parking areas, less public right of way.
   Such areas must include at least the following amount of contiguous usable open space to be made available to project residents for recreational activities:
   (a)   Fifty dwelling units or fewer: one-half acre.
   (b)   For each additional fifty dwellings units or portion thereof: one-half acre or portion thereof.
(Ord. 269-2001. Passed 12-17-01.)

1132.06 PERMITTED USES.

   For the following uses, the residential density shall be computed from the area devoted to a specific housing type, including drives and parking areas and a proportion of common park or open space based on the number of dwelling units and excluding areas of streets. A structure or lot in the R-5 District may be used only for the following purposes. If a use is not expressly permitted, the use is prohibited.
   (a)   Single-family dwellings.
   (b)   Two-family dwellings.
   (c)   Three or four-family dwellings.
   (d)   Multiple family dwellings.
   (e)   Bed and breakfast.
   (f)   Private community or recreation facilities.
   (g)   Neighborhood or convenience goods retail sales or services whose location and uses are designed to service immediate neighborhood residents. Permitted uses include the following commercial vehicles, except that commercial parking lot or automobile storage are not allowed.
      (1)   Retail sales in structures of less than 5,000 gross square feet whose primary clientele is area residents. Acceptable sales activities included drug, food, clothing, but not department or discount stores, variety goods, etc.
      (2)   Restaurants and food service establishments provided that service is not made to parked automobiles.
      (3)   Professional, medical-dental offices and business offices in structures of less than 5,000 gross square feet.
      (4)   Banks and financial institutions provided that no automobile service is allowed.
      (5)   Retail service in structures of less than 5,000 gross square feet.
      (6)   Lodges or private clubs.
 
      Bulk and Density Regulations                          Building Floor Area
Minimums
Minimum
Lot Area   Building Setbacks   Minimum   Maximum Height      Maximum   One Story   Two Story
Per Family                Lot                     Structure    (sq. ft.)    (sq. ft.)
            Frontage         Coverage
      Front Side Rear            Feet    Floors
    Yard Yard Yard
3,000SF       25    10      25    N/A       35       2 ½          55% I.S.R.        -    -
per Unit
   Supplementary District Regulation exceptions to this Table are listed in Chapter 1153
(Ord. 269-2001. Passed 12-17-01.)

1132.07 ACCESSORY USES AND STRUCTURES.

   The following uses and structures are allowed in an R-5 District, subject to the provisions and regulations of Title Five of this Zoning Ordinance.
   (a)   Accessory buildings shall be constructed in accordance with Section 1155.01 except that all vehicular storage shall be contained in the primary structure.
   (b)   Fences, per Section 1155.02.
   (c)   Parking and storage of boats, recreational vehicles and utility equipment, per Section 1155.03.
   (d)   Private swimming pool, per Section 1155.04.
   (e)   Community or club pool, per Section 1155.05.
   (f)   Tennis courts, per Section 1155.07.
   (g)   Off-street parking and loading, per Chapter 1157.
   (h)   Home occupations, per Chapter 1159.
   (i)   Uses, buildings or structures customarily incidental to a principal permitted use or conditionally permitted use located on the same lot therewith.
   (j)   Vehicular storage buildings accessory to multiple family structures.
      (Ord. 269-2001. Passed 12-17-01.)

1132.08 AREA AND DIMENSION REQUIREMENTS.

   (a)   Height Limit. The maximum height limit for any structure in an R-5 District shall be two and one-half stories or thirty-five feet whichever is greater.
   (b)   Exceptions to Height Limits. The height regulations of this chapter shall not apply to ornamental towers and spires, chimneys, smokestacks and flag poles.
   (c)   Lot Area. Every lot area should have a minimum area per dwelling of 3,000 square feet.
   (d)   Front Yard. There shall be a front yard of not less than twenty-five feet in all parcels on an R-5 District. The required front yard setback shall be measured from the edge of the road.
   (e)   Side Yard. There shall be side yards of not less than ten feet in an R-5 District except that any side yard abutting an R-1 or R-3 District shall be treated as a rear yard.
   (f)   Rear Yard. There shall be a rear yard of not less than twenty feet in an R-5 District.
(Ord. 105-87. Passed 8-10-87.)

1132.09 SCREENING AND SETBACK REQUIREMENTS ADJACENT TO OTHER RESIDENTIAL DISTRICTS.

   The following requirements shall apply to that portion of any parcel in an R-5 District which abuts an R-1 or R-2 District.
   (a)   No six-family structure shall be located closer than 150 feet to an R-1 or R-2 District.
   (b)   No other structure except for garages and accessory buildings shall be located closer than fifty feet to an R-1 or R-2 District.
   (c)   Adjacent to and within the twenty foot minimum setback abutting any R-1 or R- 2 District there shall be constructed and maintained adequate screening either in the form of shrubbery, trees and other landscaping or in the form of a decorative fence, both at least six feet high which will serve as a visual and sound barrier between the districts.
(Ord. 105-87. Passed 8-10-87.)

1132.10 ADDITIONAL REQUIREMENTS.

   Additional requirements for R-5 District can be found in the following sections:
   Supplemental district requirements as set forth in Chapter 1153.
(Ord. 269-2001. Passed 12-17-01.)

1133.01 PURPOSE.

   Uses in this district shall provide goods and services to an immediate residential neighborhood. Goods and services shall be oriented to daily or weekly needs and are not to include activities characterized by specialized items, major purchase items or goods or services which are oriented to a City-wide or highway-attracted clientele.
(Ord. 269-2001. Passed 12-17-01.)

1133.02 PERMITTED USES.

   A structure or lot in the C-1 District may be used only for the following purposes. If a use is not expressly permitted, the use is prohibited:
   (a)   Retail sales in structures of less than 10,000 square feet whose primary clientele is area residents. Acceptable sales activity include drug, food and clothing but not department or discount stores, variety goods, etc.
   (b)   Restaurants and food service establishments provided that service is not made to parked automobiles.
   (c)   Parking lots and automobile parking or storage structures.
   (d)   Banks and financial institutions.
(Ord. 131-2002. Passed 6-24-02.)
   (e)   Retail services in structures of less than 10,000 gross square feet.
   (f)   Lodges or private clubs.
   (g)   Personal services.
 
      Bulk and Density Regulations                          Building Floor Area
Minimums
Minimum
Lot Area   Building Setbacks   Minimum   Maximum Height      Maximum   One Story   Two Story
Per Family                Lot                     Structure    (sq. ft.)    (sq. ft.)
            Frontage         Coverage
      Front Side Rear            Feet    Floors
    Yard Yard Yard
N/A-       25    10      25    N/A       25       2             85% I.S.R.       N/A    N/A
Dwellings
not
Permitted
   Supplementary District Regulation exceptions to this Table are listed in Chapter 1153
(Ord. 269-2001. Passed 12-17-01.)

1133.03 ACCESSORY USES AND STRUCTURES.

   The following uses and structures are allowed in an C-1 District, subject to the provisions and regulations of Title Five of this Zoning Ordinance.
   (a)   Accessory buildings, per Section 1155.01.
   (b)   Fences, per Section 1155.02.
   (c)   Community or club pool, per Section 1155.05.
   (d)   Off-street parking and loading, per Chapter 1157.
   (e)   Uses, buildings or structures customarily incidental to a principal permitted use or a conditionally permitted use located on the same lot therewith.
      (Ord. 269-2001. Passed 12-17-01.)

1133.04 SPECIAL USES ALLOWED.

   The uses eligible for consideration as special use exceptions set forth in Section 1113.06 are permitted in this district if approved pursuant to Chapter 1113.
(Ord. 175-1990. Passed 11-12-90.)

1133.05 CONDITIONAL USES ALLOWED.

   The following conditional uses are allowed in an C-1 District if their location and development are first approved by the Planning Commission according to the procedures set forth in Chapter 1107.
   (a)   Mortuaries, per Section 1107.08(b)(6).
   (b)   Golf or country club, lodges or private club, per Section 1107.08(b)(8).
   (c)   Hospital or medical clinic, per Section 1107.08(b)(9).
   (d)   Churches, per Section 1107.08(b)(10).
   (e)   Day care facilities.
(Ord. 269-2001. Passed 12-17-01.)

1133.06 ADDITIONAL REQUIREMENTS.

   Additional requirements for C-1 District can be found in the following sections:
   (a)   Supplemental district requirements as set forth in Chapter 1153.
      (Ord. 269-2001. Passed 12-17-01.)

1135.01 PURPOSE.

   This district allows general business or commercial activities in areas of high accessibility and serving the general public. No C-2 District shall be established that does not have frontage on a major street.
(Ord. 164-1984. Passed 1-28-85.)

1135.02 PERMITTED USES.

   A building or lot within the C-2 District may be used only for the following purposes. If a use is not expressly permitted, the use is prohibited:
   (a)   Retail sales and services.
   (b)   Restaurants and food service establishments.
   (c)   Professional, medical-dental offices and business offices.
   (d)   Parking lots and automobile parking or storage structures.
   (e)   Banks and financial institutions.
   (f)   Lodges or private clubs.
   (g)   Automotive-oriented retail sales or service, financial institutions or restaurants and others providing services to persons in automobiles, excluding gas or service stations.
   (h)   Automobile sales and service, excluding gas and service stations.
   (i)   Automobile repair garages, excluding gas and service stations.
   (j)   Animal hospitals and clinics provided that any outside runs are more than 150 feet from the nearest residence district.
   (k)   Bars, taverns, dance halls, bowling alleys and similar commercial recreation activities.
   (l)   Wholesale sales and displays so long as there is no more than incidental storage on the premises.
   (m)   Radio and television broadcasting studios and offices.
   (n)   Public transport offices and terminals.
   (o)   Hotels, motels and tourist homes.
   (p)   Commercial, business or technical schools.
   (q)   Auditoriums, libraries, public and institutional uses.
   (r)   Personal services.
   (s)   Commercial entertainment. (Ord. 173-2008. Passed 11-10-08.)
 
      Bulk and Density Regulations                          Building Floor Area
Minimums
Minimum
Lot Area   Building Setbacks   Minimum   Maximum Height      Maximum   One Story   Two Story
Per Family                Lot                     Structure    (sq. ft.)    (sq. ft.)
            Frontage         Coverage
      Front Side Rear            Feet    Floors
    Yard Yard Yard
N/A-       25    10   20    N/A          60       4             85% I.S.R.       N/A    N/A
Dwellings
not
Permitted
   Supplementary District Regulation exceptions to this Table are listed in Chapter 1153
(Ord. 269-2001. Passed 12-17-01.)

1135.03 ACCESSORY USES AND STRUCTURES.

   The following uses and structures are allowed in a C-2 District, subject to the provisions and regulations of Title Five of this Zoning Ordinance.
   (a)   Accessory buildings, per Section 1155.01.
   (b)   Fences, per Section 1155.02.
   (c)   Community or club pool, per Section 1155.05.
   (d)   Off-street parking and loading, per Chapter 1157.
   (e)   Uses, buildings or structures customarily incidental to a principal permitted use or conditionally permitted use located on the same lot therewith.
   (f)   Manufacturing activities incidental to the above listed activities, so long as manufacturing does not occupy fifty percent (50%) of all floor space nor produce any objectionable noise, smoke, odor or dust.
      (Ord. 269-2001. Passed 12-17-01.)

1135.04 SPECIAL USES ALLOWED.

   The uses eligible for consideration as special use exceptions set forth in Section 1113.06 are permitted in this district if approved pursuant to Chapter 1113.
(Ord. 175-1990. Passed 11-12-90.)

1135.05 CONDITIONAL USES ALLOWED.

   The following conditional uses are allowed in an C-2 District if their location and development are first approved by the Planning Commission according to the procedures set forth in Chapter 1107.
   (a)   Mortuaries, per Section 1107.08(b)(6).
   (b)   Golf or country club, lodges or private club, per Section 1107.08(b)(8).
   (c)   Hospital or medical clinic, per Section 1107.08(b)(9).
   (d)   Churches, per Section 1107.08(b)(10).
   (e)   Gasoline or service stations, per Section 1107.08(b)(1).
   (f)   Day care facilities.
      (Ord. 143-2024. Passed 8-26-24.)

1135.06 ADDITIONAL REQUIREMENTS.

   Additional requirements for C-2 District can be found in the following sections:
   Supplemental district requirements as set forth in Chapter 1153.
(Ord. 269-2001. Passed 12-17-01.)

1137.01 PURPOSE.

   It is recognized that for many commercial activities a grouping on a common site offers the most efficient method of offering goods and services to the public. The most common form of a planned commercial area is a shopping center. These can range in scale from neighborhood to region, and can additionally offer an enclosed mall, public services. offices and living areas on a single site.
   This district provides for commercial developments which can consist of consolidated buildings, parking and circulation and site improvement. It encourages flexibility of design in order to maximize convenience to the public, convenience of vehicular circulation and service, and visual and functional amenities. The limitation of Section 1153.02 on primary structures shall not apply in this district.
   Planned commercial districts are to be established for specific projects or for an area for which a unique character is desired. Approval of a planned commercial district consists of two elements: First approval of a C-3 District zoning, and second approval of a site plan for the district as approved for in Chapter 1151. Final approval of a C-3 District is not complete until a site plan or a general development guide, as provided for in Section 1131.02(b) has been approved by Council. Because the C-3 District is established to create a specific project or to establish a unique character for an area, approval for such districts shall terminate at three years after approval of a plan by Council, unless a building permit has been issued for construction in conformance with the approved plans. Upon approval by Council, the term of a C-3 District may be extended for individual periods of up to three years.
(Ord. 269-2001. Passed 12-17-01.)

1137.02 PLANS REQUIRED.

   (a)   The establishment of a C-3 District may be initiated by the following:
      (1)   By action of Council or the Planning Commission for any tract of land containing three acres or more; or
      (2)   By application by the owner or owners of any tract of land of three acres or more including individuals, corporations, partnerships, institutions or authorized agents of the County, State or Federal government;
      (3)   Review hearings shall be as provided in Chapter 1111.
   (b)   The establishment of a C-3 District by Council or the Planning Commission shall include a general development guide for the area. The general development guide shall include the following:
      (1)   A statement of the intent and purpose of the function of the district and the character of the land uses to be contained within it.
      (2)   A plan indicating the general location of major thoroughfares, collector streets, general land uses and public facilities.
      (3)   Documentation of the availability or schedule for availability of public services or facilities.
      (4)   Any specific development guides or standards appropriate to the area for the location of buildings, criteria for building volumes, open spaces, pedestrian circulation, landscape treatment, preservation of natural features, vehicular circulation, vehicular loading, etc.
   Plans for improvements made within a C-3 District, which are established by the City are required to conform only to the provisions of this Zoning Ordinance. Upon approval of the general development guide any owner or owners of land within the C-3 District may submit a site plan to Council for improvements of all or a portion of their land within the District. The site plan shall be approved if deemed by Council to be in conformance with the objectives and standards of the approved general development guide. The site plan shall be subject to the same requirements as contained in subsection (c) hereof for application by an owner or owners for a C-3 District.
   (c)   Application for C-3 zoning by an owner or owners of three acres or more of land shall include a site plan of the proposed development. The required site plan shall be subject to Chapter 1151 and the following conditions:
      (1)   Counts of traffic on all streets leading to the site and a forecast of traffic volumes generated by the site shall be made by competent experts may be required by the Planning Commission or Council.
      (2)   All regulations pertaining to setbacks from and screening along adjoining property shall apply. All regulations pertaining to setbacks along streets, between buildings and from drives and parking areas shall apply.
      (3)   Within the limits of the site, buildings may be placed anywhere and are not subject to the limitations on the number of buildings. The limitations on building height stated in Section 1137.06 do not apply, except that portion of the site used for residences must not exceed the density or site coverage limitations set forth.
(Ord. 269-2001. Passed 12-17-01.)

1137.03 REVIEW PROCEDURE.

   In addition to the application and review procedures set forth in Chapter 1111, the following shall be required for establishment of a C-3 District.
   (a)   A District Initiated by the Planning Commission or by Council. Within sixty days of a resolution to initiate the establishment of a C-3 District, the Planning Commission shall have prepared a general development guide for the proposed district. Within thirty days, the Commission shall hold a public hearing on the proposed general development guide. If approved, district change procedures, as outlined in Chapter 1111, shall be initiated. The general development guide shall be made a part of the proposed district change and if such district is approved by Council, the general development guide shall be adopted by resolution of Council.
Submission of a site plan for development within an approved C-3 District shall be made to Council. Council shall submit the plan to the Service Director and to the Planning Commission for review and comments. The Service Director shall review such plan, solicit comments from appropriate City departments and offices and shall submit a written report to the Planning Commission within forty-five days. Upon receipt of such report, the Planning Commission shall initiate hearings according to the procedures in Chapter 1111.
   (b)   A District Initiated by a Private Owner. A site plan, prepared in accordance with the standards contained in Chapter 1151 and herein, shall be submitted with an application for a C-3 District. The Service Director shall review such plan, solicit comments from appropriate City departments and offices and shall submit a written report to the Planning Commission within forty-five days. Upon receipt of such report, the Commission shall initiate hearings according to the procedures in Chapter 1111.
Limitations or recommendations adopted by the Planning Commission shall be made a part of its recommendations to Council. Approval of a C-3 District shall include approval of the site plan, with any changes or modifications made a part thereof.
(Ord. 164-1984. Passed 1-28-85.)

1137.04 CHANGES AND MODIFICATIONS.

   Minor changes or modifications in an approved site plan for a C-3 District may be made with the approval of the Planning Commission. Major changes shall be made with approval of the Commission and Council. A major change shall include:
   (a)   An increase in number of dwelling units.
   (b)   A change in area of the site plan.
   (c)   Change in a proposed dedicated street, school site, or park.
   (d)   Increase of building height.
   (e)   Increase of total building area by more than ten percent (10%). All others shall be deemed a minor change or modification.
      (Ord. 164-1984. Passed 1-28-85.)

1137.05 SITE LIMITATIONS.

   Pedestrian and vehicular access shall be provided from any residential area to commercial areas of the site. Access to commercial activities shall not be directly from public streets or rights of way, but from interior streets, drives or parking areas. There shall not be joint usage of required parking areas for both residential and commercial uses.
   Residential portions of the site shall be screened from commercial drives and parking areas. The following amount of contiguous, usable open space shall be made available to residential areas:
   (a)   Fifty dwelling units or fewer: one-half acre.
   (b)   For each additional fifty dwelling units or fraction thereof: one-half acre or fraction thereof.
(Ord. 164-1984. Passed 1-28-85.)

1137.06 PERMITTED USES.

   A structure or lot in the C-3 District may be used only for the following purposes. If a use is not expressly permitted, the use is prohibited:
   (a)   Retail sales whose primary clientele is area residents. Acceptable sales activity include drug, food and clothing.
   (b)   Restaurants and food service establishments provided that service is not made to parked automobiles.
   (c)   Professional, medical-dental offices and business offices.
   (d)   Parking lots and automobile parking or storage structures.
   (e)   Banks and financial institutions.
   (f)   Retail services.
   (g)   Lodges or private clubs.
   (h)   Automotive-oriented retail sales or service, financial institutions or restaurants and others providing service to persons in automobiles, excluding gas or service stations.
   (i)   Automobile sales and service, excluding gas and service stations.
   (j)   Automobile repair garages, excluding gas and service stations.
   (k)   Department and full-line discount stores.
   (l)   Motion picture theaters, indoor and outdoor.
   (m)   Animal hospitals and clinics provided that any outside runs are more than 150 feet from the nearest residence district.
   (n)   Bars, taverns, dance halls, bowling alleys and similar commercial recreation activities.
   (o)   Wholesale sales and displays so long as there is not more than incidental storage on the premises.
   (p)   Repair services.
   (q)   Radio and television broadcasting studios and offices.
   (r)   Public transport offices and terminals.
   (s)   Hotels, motels and tourist homes.
   (t)   Manufacturing activities incidental to the above listed activities, so long as manufacturing does not occupy fifty percent (50%) of all floor space nor produce any objectionable noise, smoke, odor or dust.
   (u)   Printing and publishing plants.
   (v)   Commercial business or technical schools.
   (w)   Reserved for future use.
   (x)   Auditoriums, libraries, public and institutional uses.
   (y)   Other commercial uses of a similar nature to those listed herein.
   (z)   Multiple family dwellings.
      (Ord. 144-2024. Passed 8-26-24.)
 
      Bulk and Density Regulations                          Building Floor Area
Minimums
Minimum
Lot Area   Building Setbacks   Minimum   Maximum Height      Maximum   One Story   Two Story
Per Family                Lot                     Structure    (sq. ft.)    (sq. ft.)
            Frontage         Coverage
      Front Side Rear            Feet    Floors
    Yard Yard Yard
2,500 SF 25    20      20    70       N/A       N/A     85% I.S.R.    600              600
per Multi-
Family
Commercial     25    20    20    N/A       N/A       N/A    85% I.S.R.     N/A       N/A
Buildings
      Supplementary District Regulation exceptions to this Table are listed in Chapter 1153
(Ord. 269-2001. Passed 12-17-01.)

1137.07 ACCESSORY USES AND STRUCTURES.

   The following uses and structures are allowed in an C-3 District, subject to the provisions and regulations of Title Five of this Zoning Ordinance.
   (a)   Accessory buildings, per Section 1155.01.
   (b)   Fences, per Section 1155.02.
   (c)   Community or club pool, per Section 1155.05.
   (d)   Off-street parking and loading, per Chapter 1157.
      (Ord. 269-2001. Passed 12-17-01.)

1137.08 SPECIAL USES ALLOWED.

   The uses eligible for consideration as special use exceptions set forth in Section 1113.06 are permitted in this district if approved pursuant to Chapter 1113.
(Ord. 175-1990. Passed 11-12-90.)

1137.09 CONDITIONAL USES ALLOWED.

   The following conditional uses are allowed in an C-3 District if their location and development are first approved by the Board of Zoning Appeals according to the procedures set forth in Chapter 1107.
   (a)   Mortuaries, per Section 1107.08(b)(6).
   (b)   Golf or country club, lodges or private club, per Section 1107.08(b)(8).
   (c)   Hospital or medical clinic, per Section 1107.08(b)(9).
   (d)   Churches, per Section 1107.08(b)(10).
      (Ord. 269-2001. Passed 12-17-01.)

1137.10 ADDITIONAL REQUIREMENTS.

   Additional requirements for C-3 District can be found in the following sections:
   Supplemental district requirements as set forth in Chapter 1153.
(Ord. 269-2001. Passed 12-17-01.)
 

1138.01 GENERAL OBJECTIVES OF THE DUSTIN ROAD C-4 BUSINESS DISTRICT.

   (a)   Economics. To protect property values and enhance the investment of those establishments located, and those to be located, within the Dustin Road Business District by insuring a well-planned and well-maintained development in this commercial area.
   (b)   Functional. To provide orderly vehicular and pedestrian circulation systems within the Dustin Road Business District.
   (c)   Flexible. To maintain flexibility in responding to shifts in market demands, insure orderly development and encourage imaginative and innovative planning of facilities and sites in the Dustin Road Business District.
   (d)   Visual. To insure a high standard of architectural quality by maintaining the architectural integrity of existing buildings while bending in new design; and to insure a harmonious relationship between buildings and neighboring areas within Dustin Road Business District.
   (e)   Environmental. To respect the existing environmental factors and minimize disturbing influences on neighboring properties in the Dustin Road Business District.
(Ord. 269-2001. Passed 12-17-01.)

1138.02 PERMITTED USES.

   (a)   The following shall be permitted in this C-4 zone. If a use is not expressly permitted, the use is prohibited.
      (1)   Personal service establishments.
      (2)   Commercial entertainment establishments.
      (3)   Restaurants.
      (4)   Hotels and motels.
      (5)   Professional offices.
      (6)   Retail business and services.
      (7)   Automobile dealerships, new and used.
 
      Bulk and Density Regulations                          Building Floor Area
Minimums
Minimum
Lot Area   Building Setbacks   Minimum   Maximum Height      Maximum   One Story   Two Story
Per Family                Lot                     Structure    (sq. ft.)    (sq. ft.)
            Frontage         Coverage
      Front Side Rear            Feet    Floors
    Yard Yard Yard
N/A    82 ft. 10      N/A N/A       60       4         85% I.S.R.    N/A      N/A
Dwellings   from
not      curb
permitted
   Supplementary District Regulation exceptions to this Table are listed in Chapter 1153
(Ord. 269-2001. Passed 12-17-01.)

1138.03 OFF-STREET PARKING.

   (a)   Parking Requirements for the Dustin Road C-4 Business District. In computing the number of parking spaces required, the provisions and regulations of Section 1157.05 of the Planning and Zoning Code shall be utilized.
   (b)   Public Parking Lots. Within the Dustin Road C-4 Business District, if a new building is adjacent to or abuts a public parking lot, the parking space requirement may be reduced by a maximum of fifty percent (50%) of the requirement stated above, if based upon a site plan and use review done by the Planning Commission and approved by the Planning Commission.
 
   (c)   Construction. The off-street parking area shall be improved with a concrete, bituminous or similar impervious and dustless surface and shall be graded to drain all surface water within the parking area.
 
   (d)   Screen. All off-street parking lots shall be effectively screened from adjoining residential districts, as provided for in Section 1157.03 (d) of the Planning and Zoning Code.
   (e)   Size of Lot. Parking space dimensions shall comply with the provisions and regulations of Section 1157.04 of the Planning and Zoning Code. All parking spaces shall be designated properly and painted lines or other methods approved by the Commissioner of Building and Zoning Inspection.
   The parking lot servicing the entrance shall have a minimum of five percent (5%), but at least one of the parking spaces located near or adjacent to a walkway or drive as identified and reserved for physically handicapped persons. Each reserved parking space shall be surfaced suitably for wheelchair travel and shall be at least twelve feet wide, unless paralleling a walkway or drive. Where a curb exists between a parking lot surface and sidewalk surface, an included walk or a curb cut with a maximum gradient of one foot in twelve feet shall be provided for a wheelchair access.
   (f)   Illumination. Illumination of parking facilities shall be arranged so as not to reflect direct rays of light into any adjacent residential area. In no case shall direct or indirect illumination from the source of light exceed an illumination level maximum of one-half foot candle when measured at the nearest point of the lot line in a residential areas. Illumination of all parking lots shall be required.
   (g)   Existing Structures. Existing structures are exempt from the above parking requirements unless they are structurally modified, added to or rebuilt.
(Ord. 269-2001. Passed 12-17-01.)

1138.04 VEHICULAR ACCESS.

   (a)   Intent. Access drives to the public right-of-way and parking shall be shared as much as possible.
   (b)   Parking Lot Access. All parking lots shall be provided with proper ingress and egress to a public street or alley by means of access drives and aisles in accordance with City standards.
(Ord. 269-2001. Passed 12-17-01.)

1138.05 LOADING AND SERVICE AREAS.

   The general requirements for loading space, loading space regulations and the number of loading spaces required in the Dustin Road C-4 Business District shall comply with the established standards of the Planning and Zoning Code, Section 1157.06, 1157.07 and 1157.08.
(Ord. 269-2001. Passed 12-17-01.)

1138.06 SETBACK REQUIREMENTS FOR NEW STRUCTURES, STRUCTURALLY ALTERED BUILDINGS OR BUILDING ADDITIONS.

   (a)   Dustin Road. Those sites with frontage on Dustin Road shall have a minimum setback of eighty-two feet from the curb.
   (b)   Isaac Streets Drive. Those sites with frontage on Isaac Streets Drive shall have a minimum setback of eighty-two feet from the curb.
   (c)   Parking in Setback Area. Parking shall not be permitted within the first five feet from the property lines adjacent to the public right-of-way, but will otherwise be allowed within setbacks under a site plan review.
(Ord. 269-2001. Passed 12-17-01.)

1138.07 SITE COVERAGE.

   (a)   All land covered by structures, paved parking, loading or related service areas, paved areas for pedestrian circulation or decorative treatments, shall be provided with landscape treatment and properly maintained.
   (b)   Landscape treatment including planting any, all or a combination of the following: trees, shrubs, ground cover, grass or flowers as specified in the section on landscaping materials in these land development standards.
(Ord. 269-2001. Passed 12-17-01.)

1138.08 STORAGE.

   (a)   Screening of Waste Containers. No waste materials, refuse or garbage shall be permitted to remain outside buildings except as permitted by the City regulations regarding containers for garbage. The areas in which such containers or commercial dumpsters are stored shall be visually screened from all streets located away from public sidewalks.
   (b)   Outside Storage. No outside storage of waste material or related operations of nay kind shall be permitted on any lot unless such activity is visually screened from all streets. Under no circumstances shall outside storage extend above the top of such screening.
(Ord. 269-2001. Passed 12-17-01.)

1138.09 ARCHITECTURAL CONSIDERATIONS.

   (a)   General.
      (1)   All new developments within the C-4 District shall be high quality architecture designed to be in harmony with the architecture of existing buildings.
      (2)   Each site and building shall be subject to a detailed examination of visibility as it relates to architectural requirements and to determine the amount of screening required for grade-mounted transformer switch gear apparatus, open storage trash receptacles and any other object that presents an obtrusive appearance.
      (3)   Buildings shall be designed to relate to grade conditions, with a minimum of grading and exposed foundation wall.
      (4)   Minimum grade level.
   (b)   Building Facades.
      (1)   All buildings shall be maintained in satisfactory condition.
      (2)   Rear walls shall be finished, painted or covered to present an even and uniform surface.
      (3)   Side walls, wherever visible from any street, shall be finished or painted so as to harmonize with the front of the building.
   (c)   Materials. Exterior facing materials shall be predominately face brick, wood, cut stone, fluted block or precast concrete, trimmed with wood, anodized architectural aluminum or galvanized metal.
   (d)   Roofs.
      (1)   Roof-mounted structures for the support of signs and billboard shall not be allowed.
      (2)   The use of the following roofing materials shall be encouraged: built-up vinyl, rubber and metal.
   (e)   Mechanical Equipment. Equipment shall be screened with suitable material of a permanent nature, finished so as to be harmonized with the rest of the building. Roof-mounted equipment shall be exempted.
   (f)   Utilities.
      (1)   All utility lines shall be underground in a designated easement.
      (2)   No pipe, conduit, cable, line of water, gas, sewer, drainage, steam, electricity or any other energy or service shall be installed or maintained upon any lot (outside of any building) above the surface of the ground except for hoses or movable pipes used for irrigation or other purposes during construction.
   (g)   Site Lighting.
      (1)   A lighting system shall provide adequate visibility and protection.
      (2)   Lighting plans describing exterior illumination layout fixture selection shall be submitted to and approved by the Commissioner of Building and Zoning Inspection prior to construction.
      (3)   All new fixtures used throughout the C-4 District on both public and private property shall be “sharp cut-off type fixtures” of high pressure sodium vapor or metal halide.
      (4)   All parking areas shall be lighted to a uniform 4:1 ratio average to minimum, while architectural floor lighting can be 10:1 ratio, maximum to minimum.
      (5)   All electrical wires for lighting shall be placed underground.
      (6)   Lights shall not be positioned to result in glare or excessive light spillage on neighboring sites.
      (7)   All parking area and highway lighting shall provide uniform illumination. Accent illumination is recommended at key points such as entrances, exits, loading zones and drives.
      (8)   Concealed light sources are recommended, with security light sources encouraged to be in full operation all night.
      (9)   Lighting levels shall be recognized standards of the lighting industry as set forth in the “Lighting Handbook of the Illuminating Engineering Society”.
      (10)   Right-of-way lighting shall be approved by the Service Director.
         (Ord. 269-2001. Passed 12-17-01.)

1138.10 PEDESTRIAN ENVIRONMENT.

   (a)   A safe, convenient and attractive pedestrian area shall be provided on site and to connect with the overall pedestrian circulation scheme for the Dustin Road C-4 Business District. The following regulations shall apply to new developments within the District and are recommended for all existing structures.
      (1)   Convenient pedestrian access shall be provided for all parking areas to building entrances, to provide pedestrian access from building entrances to adjacent walk systems and sidewalks.
      (2)   Ramps shall be provided wherever grade separations exist along pedestrian walkways. All new buildings shall be accessible to the handicapped; ramped surfaces shall be hard, non-slip permanent surfaces.
(Ord. 269-2001. Passed 12-17-01.)

1138.11 LANDSCAPING MATERIAL.

   (a)   Plantings.
      (1)   To enhance the total image of the Dustin Road C-4 Business District, major shade tree planting shall be incorporated as an integral feature of each commercial site.
      (2)   A detailed landscape plan shall be submitted for each new development to the Commissioner of Building and Zoning Inspection for his review. Specific planting conditions may be attached to the approval of specific site plans.
   (b)   Permitted Type and Size of Trees. The list of trees attached to Original Ordinance 84-1986 will be permitted within the Dustin Road C-4 Business District or others approved by the Commissioner of Building and Zoning Inspection, after advisement from the City of Oregon Tree Commission.
   (c)   Permitted Types and Size of Shrubs. The list of shrubs attached to Original Ordinance 84-1986 will be permitted within the Dustin Road C-4 Business District or others approved by the Commissioner of Building and Zoning Inspection, after advisement from the City of Oregon Tree Commission. In addition, a minimum height of three feet is required at the time of initial planting used for screening purposes. (Ord. 269-2001. Passed 12-17-01.)

1138.12 SUBMISSION AND REVIEW OF PLANS.

   A copy of new development, redevelopment and existing building rehabilitation plans shall be submitted by the developer or building owner to the Service Director and the Commissioner of Building and Zoning Inspection for their review prior to any work or any permits being issued by any City department. The Service Director of the City, under advisement from the Commissioner of Building and Zoning Inspection, is granted the right to review, approve, modify or reject the plans and specifications for redevelopment or rehabilitation with respect to their conformance with the provisions of the land development standards listed in this document and in order to achieve harmonious development of the Dustin Road C-4 Business District. Such review and approval shall be concerned with, but not necessarily limited to, urban design standards, site planning, architectural treatment, material and color, signs, parking, lighting, loading and related service areas, landscaping and building plans, elevations and construction details.
(Ord. 269-2001. Passed 12-17-01.)

1138.13 SPECIAL USES ALLOWED.

   The uses eligible for consideration as “Special Use Exceptions” set forth in Section 1113.06 are permitted in this district if approval pursuant to Chapter 1113 of the Codified Ordinances.
(Ord. 269-2001. Passed 12-17-01.)

1138.14 ADDITIONAL REQUIREMENTS.

   Additional requirements can be found in the following sections:
   (a)   Supplemental district requirements as set forth in Chapter 1153.
(Ord. 269-2001. Passed 12-17-01.)

1139.01 GENERAL OBJECTIVES OF THE NAVARRE AVENUE C-5 BUSINESS DISTRICT.

   The general objectives of the Navarre Avenue C-5 Business District are:
   (a)   Economics. To protect property values and enhance the investment of those establishments located, and those to be located, within the Navarre Avenue Business District by insuring a well-planned and well-maintained development in this commercial area.
   (b)   Functional. To provide orderly vehicular and pedestrian circulation systems within the Navarre Avenue Business District.
   (c)   Flexible. To maintain flexibility in responding to shifts in market demands, insure orderly development and encourage imaginative and innovative planning of facilities and sites in the Navarre Avenue Business District.
   (d)   Visual. To insure a high standard of architectural quality by maintaining the architectural integrity of existing buildings while blending in new design; and to insure a harmonious relationship between buildings and neighboring areas within Navarre Avenue Business District.
   (e)   Environmental. To respect the existing environmental factors and minimize disturbing influences on neighboring properties in the Navarre Avenue Business District.
(Ord. 269-2001. Passed 12-17-01.)

1139.02 PERMITTED USES OF LAND.

   The following shall be permitted in this C-5 zone. If a use is not expressly permitted, the use is prohibited.
   (a)   Personal service establishments.
   (b)   Commercial entertainment establishments.
   (c)   Restaurants.
   (d)   Hotels and motels.
   (e)   Professional offices.
   (f)   Retail business and services.
   (g)   Automobile dealerships, new and used.
 
      Bulk and Density Regulations                          Building Floor Area
Minimums
Minimum
Lot Area   Building Setbacks   Minimum   Maximum Height      Maximum   One Story   Two Story
Per Family                Lot                     Structure    (sq. ft.)    (sq. ft.)
            Frontage         Coverage
      Front Side Rear            Feet    Floors
    Yard Yard Yard
Residential See          10      20    N/A       60       4          85% I.S.R.    N/A         N/A
3,000 SF 1139.08
per unit       and
Commercial 1139.15
-N/A
   Supplementary District Regulation exceptions to this Table are listed in Chapter 1153
(Ord. 269-2001. Passed 12-17-01.)

1139.03 SPECIAL USES ALLOWED.

   The uses eligible for consideration as “Special Use Exceptions” set forth in Section 1113.06 are permitted in this district if approval pursuant to Chapter 1113.
(Ord. 269-2001. Passed 12-17-01.)

1139.04 CONDITIONAL USES ALLOWED.

   The following uses and structures are allowed in the C-5 District if their location and development are first approved by the Planning Commission according to the procedures set forth in Section 1107.08:
   (a)   Mortuaries per Section 1107.08(b)(6).
   (b)   Churches per Section 1107.08(b)(10).
   (c)   Bingo halls.
   (d)   Taverns (primary business).
   (e)   Taverns. For the purpose of this subsection “tavern” means any business which holds a permit for and has as its primary business the sale for consumption of beer, wine and intoxicating liquor on premises issued by the State. This use is allowed in a C-5 District on the following conditions:
      (1)   There shall be constructed and maintained, within the setback abutting any R-1 and R-2 District, adequate screening either in the form of shrubbery, trees and other landscaping or in the form of a decorative fence, both at least 6 feet high which will serve as a visual and sound barrier between the districts.
      (2)   No tavern shall be located in a C-5 District closer than 200 feet to an R-1 or R-2 District.
(Ord. 269-2001. Passed 12-17-01.)

1139.05 OFF-STREET PARKING.

   (a)   Parking Requirements for the Navarre Avenue C-5 Business District. In computing the number of parking spaces required, the provisions and regulations of Section 1157.05 shall be utilized.
 
   (b)   Public Parking Lots. Within the Navarre Avenue C-5 Business District, if a new building is adjacent to or abuts a public parking lot, the parking space requirement may be reduced by a maximum of fifty percent (50%) of the requirement stated above, if based upon a site plan and use review done by the Planning Commission and approved by the Commission.
 
   (c)   Construction. The off-street parking area shall be improved with a concrete, bituminous or similar impervious and dustless surface and shall be graded to drain all surface water within the parking area.
   (d)   Screen. All off-street parking lots shall be effectively screened from adjoining residential districts.
 
   (e)   Size of Lot. Parking space dimensions shall comply with the provisions and regulations of Section 1157.04 . All parking spaces shall be designated properly by painted lines or other methods approved by the Commissioner of Building and Zoning Inspection.
 
   (f)   The parking lot servicing the entrance shall have a minimum of five percent (5%), but at least one of the parking spaces located near or adjacent to a walkway or drive as identified and reserved for physically handicapped persons. Each reserved parking space shall be surfaced suitably for wheelchair travel and shall be at least twelve feet wide, unless paralleling a walkway or drive. Where a curb exists between a parking lot surface and sidewalk surface, an included walk or a curb cut with a maximum gradient of one foot in twelve feet shall be provided for a wheelchair access.
 
   (g)   Illumination. Illumination of parking facilities shall be arranged so as not to reflect direct rays of light into any adjacent residential area. In no case shall direct or indirect illumination from the source of light exceed an illumination level maximum of one-half foot candle when measured at the nearest point of the lot line in a residential area. Illumination of all parking lots shall be required.
   (h)   Existing Structures. Existing structures are exempt from the above parking requirements unless they are structurally modified, added to or rebuilt.
(Ord. 269-2001. Passed 12-17-01.)

1139.06 VEHICULAR ACCESS.

   (a)   Intent. Access drives to the public right-of-way and parking shall be shared as much as possible.
   (b)   Parking Lot Access. All parking lots shall be provided with proper ingress and egress to a public street or alley by means of access drives and aisles in accordance with City standards.
(Ord. 269-2001. Passed 12-17-01.)

1139.07 LOADING AND SERVICE AREAS.

   The general requirements for loading space, loading space regulations and the number of loading spaces required in the Dustin Road C-5 Business District shall comply with the established standards of the Planning and Zoning Code, Section 1157.06, 1157.07 and 1157.08.
(Ord. 269-2001. Passed 12-17-01.)

1139.08 SETBACK REQUIREMENTS FOR NEW STRUCTURES, STRUCTURALLY ALTERED BUILDINGS OR BUILDING ADDITIONS.

   (a)   Navarre Avenue. Those sites with frontage on Navarre Avenue shall have a minimum setback of one hundred feet from the centerline of the road.
   (b)   Other Streets. Those sites with frontage on any other roadway shall have a minimum setback of forty feet from the curb.
   (c)   Parking in Setback Area. Parking shall not be permitted within the first five feet from the property lines adjacent to the public right-of-way, but will otherwise be allowed within setbacks under a site plan review.
(Ord. 269-2001. Passed 12-17-01.)

1139.09 SITE COVERAGE.

   (a)   All land covered by structures, paved parking, loading or related service areas, paved areas for pedestrian circulation or decorative treatments, shall be provided with landscape treatment and properly maintained.
   (b)   “Landscape treatment” includes planting any, all or a combination of the following: trees, shrubs, ground cover, grass or flowers as specified in the section on landscaping materials in these land development standards.
(Ord. 269-2001. Passed 12-17-01.)

1139.10 STORAGE.

   (a)   Screening of Waste Containers. No waste materials, refuse or garbage shall be permitted to remain outside buildings except as permitted by the City regulations regarding containers for garbage. The areas in which such containers or commercial dumpsters are stored shall be visually screened from all streets located away from public sidewalks.
   (b)   Outside Storage. No outside storage of waste material or related operations of any kind shall be permitted on any lot unless such activity is visually screened from all streets. Under no circumstances shall outside storage extend above the top of such screening.
(Ord. 269-2001. Passed 12-17-01.)

1139.11 ARCHITECTURAL CONSIDERATIONS.

   (a)   General.
      (1)   All new developments within the C-5 District shall be high quality architecture designed to be in harmony with the architecture of existing buildings.
      (2)   Each site and building shall be subject to a detailed examination of visibility as it relates to architectural requirements and to determine the amount of screening required for grade-mounted transformer switch gear apparatus, open storage trash receptacles and any other object that presents an obtrusive appearance.
      (3)   Buildings shall be designed to relate to grade conditions, with a minimum of grading and exposed foundation wall.
      (4)   Minimum grade level.
   (b)   Building Facades.
      (1)   All buildings shall be maintained in satisfactory condition.
      (2)   Rear walls shall be finished, painted or covered to present an even and uniform surface.
      (3)   Sidewalls, wherever visible from any street, shall be finished or painted so as to be harmonized with the front of the building.
   (c)   Materials. Exterior facing materials shall be predominately face brick, wood, cut stone, fluted block or precut concrete, trimmed with wood, anodized architectural aluminum or galvanized metal.
   (d)   Roofs.
      (1)   Roof-mounted structures for the support of signs and billboards shall not be allowed.
      (2)   The use of the following materials shall be encouraged: built-up vinyl, rubber and metal.
   (e)   Mechanical Equipment. Equipment shall be screened with suitable material of a permanent nature, finished so as to be harmonized with the rest of the building. Roof-mounted equipment shall be exempted.
   (f)   Utilities.
      (1)   All utility lines shall be underground in a designated easement.
      (2)   No pipe, conduit, cable, line of water, gas, sewer, drainage, steam, electricity or any other energy or service shall be installed or maintained upon any lot (outside of any building) above the surface of the ground except for hoses or movable pipes used for irrigation or other purposes during construction.
   (g)   Site Lighting.
      (1)   A lighting system shall provide adequate visibility and protection.
      (2)   Lighting plans describing exterior illumination layout fixture selection shall be submitted to and approved by the Commissioner of Building and Zoning Inspection prior to construction.
      (3)   All new fixtures used throughout the C-5 District on both public and private property shall be “sharp cut-off type fixtures” of high pressure sodium vapor or metal halide.
      (4)   All parking areas shall be lighted to a uniform 4:1 ratio average to minimum, while architectural floor lighting can be 10:1 ratio, maximum to minimum.
      (5)   All electrical wires for lighting shall be placed underground.
      (6)   Lights shall not be positioned to result in glare or excessive light spillage on neighboring sites.
      (7)   All parking area and driveway lighting shall provide uniform illumination. Accent illumination is recommended at key points such as entrances, exits, loading zones and drives.
      (8)   Concealed light sources are recommended, with security light sources encouraged to be in full operation all night.
      (9)   Lighting levels shall be recognized standards of the lighting industry as set forth in the “Lighting Handbook of the Illuminating Engineering Society”.
      (10)   Right-of-way lighting shall be approved by the Service Director.
         (Ord. 269-2001. Passed 12-17-01.)

1139.12 PEDESTRIAN ENVIRONMENT.

   A safe, convenient and attractive pedestrian area shall be provided on site and to connect with the overall pedestrian circulation scheme for the Dustin Road C-5 Business District. The following regulations shall apply to new developments within the District and are recommended for all existing structures.
   (a)   Convenient pedestrian access shall be provided for all parking areas to building entrances, to provide pedestrian access from building entrances to adjacent walk systems and sidewalks.
   (b)   Ramps shall be provided wherever grade separations exist along pedestrian walkways. All new buildings shall be accessible to the handicapped; ramped surfaces shall be hard, non-slip permanent surfaces.
      (Ord. 269-2001. Passed 12-17-01.)

1139.13 LANDSCAPING MATERIAL.

   (a)   Plantings.
      (1)   To enhance the total image of the Dustin Road C-5 Business District, major shade tree planting shall be incorporated as an integral feature of each commercial site.
      (2)   A detailed landscape plan shall be submitted for each new development to the Commissioner of Building and Zoning Inspection for his review. Specific planting conditions may be attached to the approval of specific site plans.
   (b)   Permitted Type and Size of Trees. The list of trees attached to Original Ordinance 84-1986 will be permitted within the Dustin Road C-5 Business District or others approved by the Commissioner of Building and Zoning Inspection, after advisement from the City of Oregon Tree Commission.
   (c)   Permitted Types and Size of Shrubs. The list of shrubs attached to Original Ordinance 84-1986 will be permitted within the Dustin Road C-5 Business District or others approved by the Commissioner of Building and Zoning Inspection, after advisement from the City of Oregon Tree Commission. In addition, a minimum height of three feet is required at the time of initial planting used for screening purposes.
(Ord. 269-2001. Passed 12-17-01.)

1139.14 REVIEW AND APPROVAL OF SITE PLANS AND ZONING PERMITS.

   The following provisions apply to the submission, review and approval of site plans and zoning permits in the Navarre Avenue C-5 Business District.
   (a)   Any construction or changes of use which would require the issuance of a zoning permit shall also require the submission and approval of a site plan in accordance with Chapter 1151.
   (b)   Prior to the issuance of any zoning permit an owner of real estate must dedicate such additional right of way and other sewer, drainage and utility easements as are necessary to:
      (1)   Comply with the City’s master plan for streets, drainage and sanitary sewers.
      (2)   Comply with plan for interior street set forth in Appendix A to this chapter or such alternative plan for interior streets as may be approved by the Director of Public Service which meets the following criteria:
         A.   No area zoned C-5 shall be further than 330 feet from the centerline of a street.
         B.   Any interior street shall connect to an existing street, whether or not improved.
         C.   Any new interior street may be disapproved for failing to connect to an existing street within 1000 feet of its furthest point.
         D.   All interior streets must be dedicated to a full 80 foot right of way.
         E.   Council may by ordinance approve any interior street design whether or not the same is consistent herewith.
   (c)   Demonstrate that all deferred assessments for waterlines, sanitary sewers and related improvements have been paid.
   (d)   Provide in the site plan for on-site retention of storm water in a form acceptable to the Director of Public Service. Council by ordinance may repeal this provision if it determines that a new and adequate storm drainage system for this zoning district has been installed.
(Ord. 269-2001. Passed 12-17-01.)

1139.15 ADDITIONAL REQUIREMENTS.

   Additional requirements can be found in the following sections:
   (a)   Supplemental district requirements as set forth in Chapter 1153.
      (Ord. 269-2001. Passed 12-17-01.)

1140.01 PURPOSE.

   The district permits general manufacture, assembly, storage or transfer activities whose nature or operation produces a minimum of noise, odor, dust and smoke. They are also associated with little outside storage or assembly and typically are of a low density usage.
(Ord. 269-2001. Passed 12-17-01.)

1140.02 PERMITTED USES.

   A building or lot within the M-1 District may be used only for the following purposes. If a use is not expressly permitted, the use is prohibited:
   Light industrial manufacturing or assembly processes, See Chapter 1103.
 
      Bulk and Density Regulations                          Building Floor Area
Minimums
Minimum
Lot Area   Building Setbacks   Minimum   Maximum Height      Maximum   One Story   Two Story
Per Family                Lot                     Structure    (sq. ft.)    (sq. ft.)
            Frontage         Coverage
      Front Side Rear            Feet    Floors
    Yard Yard Yard
N/A       50         25      50    N/A       35       2          85% I.S.R.    N/A         N/A
Dwellings
not
permitted
   Supplementary District Regulation exceptions to this Table are listed in Chapter 1153
(Ord. 269-2001. Passed 12-17-01.)

1140.03 ACCESSORY USES AND STRUCTURES.

   The following uses and structures are allowed in an M-1 District, subject to the provisions and regulations of Title Five of this Planning and Zoning Code.
   (a)   Accessory buildings, per Section 1155.01.
   (b)   Fences, per Section 1155.02.
   (c)   Off-street parking and loading per Chapter 1157.
   (d)   Uses, buildings or structures customarily incidental to a principal permitted use or conditionally permitted use located on the same lot therewith.
      (Ord. 269-2001. Passed 12-17-01.)

1140.04 SPECIAL USES ALLOWED.

   Council may permit by ordinance the following specific use of land or structures in an M-1 District, after reporting thereon by the Planning Commission and subject to the requirements and procedures set forth in Chapter 1113.
   (a)   None. (Ord. 269-2001. Passed 12-17-01.)

1140.05 CONDITIONAL USES ALLOWED.

   The following conditional uses are allowed in an M-1 District if their location and development are first approved by the Planning Commission according to the procedures set forth in Chapter 1107.
   (a)   Gasoline or service stations, per Section 1107.08(b)(1).
   (b)   Airports and landing fields, per Section 1107.08(b)(3).
      (Ord. 069-2017. Passed 5-22-17.)

1140.06 ADDITIONAL REQUIREMENTS.

   Additional requirements for M-1 District can be found in the following sections:
   (a)   Supplemental district requirements as set forth in Chapter 1153.
      (Ord. 269-2001. Passed 12-17-01.)

1141.01 PURPOSE.

   The district permits general manufacturing and assembly activities. It is the purpose of the M-2 District to provide appropriate and convenient locations for the manufacture of products and processes which normally require a large amount of motor vehicle trucking and rail services for the transportation of the raw materials and finished products, but in which dust, smoke, fumes, glare, odors, noise or other potentially objectionable influences can be controlled.
(Ord. 269-2001. Passed 12-17-01.)

1141.02 PERMITTED USES.

   A building or lot within the M-2 District may be used only for the following purposes. If a use is not expressly permitted, the use is prohibited:
   (a)   Heavy industrial manufacturing or assembly processes, See Chapter 1103.
 
      Bulk and Density Regulations                          Building Floor Area
Minimums
Minimum
Lot Area   Building Setbacks   Minimum   Maximum Height      Maximum   One Story   Two Story
Per Family                Lot                     Structure    (sq. ft.)    (sq. ft.)
            Frontage         Coverage
      Front Side Rear            Feet    Floors
    Yard Yard Yard
N/A       50         50      50    N/A       35       2          85% I.S.R.    N/A         N/A
Dwellings
not
permitted
   Supplementary District Regulation exceptions to this Table are listed in Chapter 1153
(Ord. 269-2001. Passed 12-17-01.)
   (b)   Sexually oriented businesses as defined in Section 1103.79 et. seq. with the following conditions.
      (1)   No Sexually Oriented Business shall be established within 1500 feet of any area or zoning district used for any residential purpose or use.
      (2)   No Sexually Oriented Business shall be established within a radius of 1500 feet of any school, library or teaching facility, whether public or private, attended by persons under eighteen (18) years of age.
      (3)   No Sexually Oriented Business shall be established within a radius of 1500 feet of any other Sexually Oriented Business or within a 1000 foot radius of any two (2) of the following establishments:
         A.   Cabarets, clubs or other establishments which feature topless or bottomless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers.
         B.   Establishments for the sale of beer or intoxicating liquor for consumption on premises.
         C.   Pawn Shops
         D.   Pool or billiard halls.
         E.   Pinball palaces, halls or video arcades.
         F.   Dance halls or discotheques.
      (4)   No Sexually Oriented Business shall be established within a radius of 1500 feet of any church, synagogue or permanently established place of religious services which is attended by persons under eighteen (18) years of age.
      (5)   No advertisements, displays or other promotional materials shall be shown or exhibited so as to be visible to the public for pedestrian sidewalks or walkways, or from other exterior areas, any of which are either public or semi-public.
      (6)   All building openings, entries, windows, etc. for these facilities or uses shall be located, covered or serviced in such a manner as to prevent a view into the interior from any public or semi-public area, sidewalk or street. For new construction, the building shall be oriented so as to minimize any possibility of viewing the interior from public or semi- public areas.
      (7)   No screens, loudspeakers or sound equipment shall be used for any adult motion picture theaters (enclosed or drive-in) that can be seen or discerned by the public from public or semi-public areas.
      (8)   Off-street parking shall be provided as required in accordance with Chapter 1157 for similar uses, as well as all other standards for other permitted uses with this zoning district as applicable.
         (Ord. 195-2002. Passed 9-23-02.)

1141.03 ACCESSORY USES AND STRUCTURES.

   The following uses and structures are allowed in an M-2 District, subject to the provisions and regulations of Title Five of this Planning and Zoning Code.
   (a)   Accessory buildings, per Section 1155.01.
   (b)   Fences, per Section 1155.02.
   (c)   Off-street parking and loading per Chapter 1157.
   (d)   Uses, buildings or structures customarily incidental to a principal permitted use or conditionally permitted use located on the same lot therewith.
      (Ord. 269-2001. Passed 12-17-01.)

1141.04 SPECIAL USES ALLOWED.

   The uses eligible for consideration as “Special Use Exceptions” set forth in Section 1113.06 are permitted in this District if approved pursuant to Chapter 1113 of the Codified Ordinances.
(Ord. 175-1995. Passed 9-25-95.)

1141.05 CONDITIONAL USES ALLOWED.

   (EDITOR'S NOTE: Former Section 1141.05 was repealed by Ordinance 175-1990, passed November 12, 1990.)

1141.06 ADDITIONAL REQUIREMENTS.

   Additional requirements for M-2 District can be found in the following sections:
   (a)   Supplemental district requirements as set forth in Chapter 1153.
      (Ord. 269-2001. Passed 12-17-01.)

1142.01 PURPOSE.

   The purpose of this district is to provide recreational area, developed by a public or private institution, or any other use oriented toward providing entertainment of the general public either free or charged admission.
(Ord. 11-1991. Passed 1-28-91.)

1142.02 PERMITTED USES.

   (a)   Outdoor recreational uses, publicly or privately owned or operated such as playgrounds, play fields, swimming pools, golf courses, boating areas, fishing sites, camping sites, parks and community centers.
   (b)   Natural open space, such as conservation lands, wildlife sanctuaries, forest preserves.
   (c)   Developed open space, such as arboreta, botanical and zoological gardens.
   (d)   Structures or concessions customarily incidental to the use of the public or private parkland shall be allowed. Construction and maintenance of any other structure is prohibited.
(Ord. 11-1991. Passed 1-28-91.)

1143.01 PURPOSE.

   The Commercial-Industrial District (C-I) is intended to provide for a compatible mix of commercial and industrial uses in a commercial-industrial park-like area.
(Ord. 11-1989. Passed 1-23-89.)

1143.02 PERMITTED USES.

   The following shall be permitted uses in the C-I District for the use of lands and the construction, reconstruction, placement and use of buildings and accessory uses. If a use is not expressly permitted, the use is prohibited:
   (a)   Any heavy industrial use shall not be located less than 500 feet from any already existing residential structure or any area zoned R-1, R-2, R-3 or R-4.
   (b)   Nonconforming single family residential uses and structures may continue and be repaired, maintained or enlarged on their existing parcels as would be permitted in an R-2 District notwithstanding the provisions of Section 1109.08.
   (c)   No new buildings shall be constructed for agricultural use.
   (d)   Retail business and sales.
   (e)   Parking lots and automobile parking or storage structures.
   (f)   Lodges or private clubs.
   (g)   Personal services.
   (h)   Professional, medical-dental offices and business offices.
   (i)   Automotive-oriented retail sales or service, excluding gas or service stations.
   (j)   Automobile repair garages, excluding gas and service stations.
   (k)   Animal hospitals and clinics provided that any outside runs are more than 150 feet from the nearest residence district.
   (l)   Wholesale sales and displays so long as there is no more than incidental storage on the premises.
   (m)   Radio and television broadcasting studios and offices.
   (n)   Public transport offices and terminals.
   (o)   Hotels and motels.
   (p)   Commercial, business or technical schools.
   (q)   Auditoriums, libraries, public and institutional uses.
   (r)   Commercial entertainment establishments.
   (s)   Restaurants and financial institutions.
   (t)   Light industrial manufacturing or assembly processes, See Chapter 1103.
   (u)   Heavy industrial manufacturing or assembly processes, See Chapter 1103.
 
      Bulk and Density Regulations                          Building Floor Area
Minimums
Minimum
Lot Area   Building Setbacks   Minimum   Maximum Height      Maximum   One Story   Two Story
Per Family                Lot                     Structure    (sq. ft.)    (sq. ft.)
            Frontage         Coverage
      Front Side Rear            Feet    Floors
    Yard Yard Yard
N/A       40        10;30    15    N/A       60       4          85% I.S.R.    N/A         N/A
Dwellings         total
not
permitted
   Supplementary District Regulation exceptions to this Table are listed in Chapter 1153
(Ord. 269-2001. Passed 12-17-01.)

1143.03 ACCESSORY USES AND STRUCTURES.

   The following uses and structures are allowed in a C-I District, subject to the provisions and regulations of Title Five of this Planning and Zoning Code.
   (a)   Accessory buildings, per Section 1155.01.
   (b)   Fences, per Section 1155.02.
   (c)   Off-street parking and loading per Chapter 1157.
   (d)   Uses, buildings or structures customarily incidental to a principal permitted use or conditionally permitted use located on the same lot therewith.
      (Ord. 269-2001. Passed 12-17-01.)

1143.04 CONDITIONAL USES.

   Conditional uses, subject to Section 1107.08, shall be located only in the southerly 800 feet of the C-I District that is the subject of this chapter.
   (a)   Chemical manufacture.
   (b)   Petroleum refineries and storage areas.
   (c)   Gasoline or service stations per Section 1107.08(b)(1).
      (Ord. 269-2001. Passed 12-17-01.)

1143.05 ADDITIONAL REQUIREMENTS.

   Additional requirements for C-I District can be found in the following sections:
   (a)   Area, height and setback requirements as set forth in Section 1143.02.
   (b)   Supplemental district requirements as set forth in Chapter 1153.
   (c)   No structure shall be erected or enlarged to exceed forty-five feet or three stories in any area of the C-I District which is closer than 500 feet from any already existing residential structure or any area zoned R-1, R-2, R-3, R-4 or R- 5.
(Ord. 269-2001. Passed 12-17-01.)

1143.06 SCREENING REQUIREMENTS.

   (a)   When any building is erected, relocated or rebuilt on a lot in the district which is adjacent to a residential use, there shall be provided on the abutting side yard and/or rear yard, a yard area as required in the adjacent residence and such yard shall be effectively screened and/or fenced from the residential district. A lot in the district shall be considered adjacent to a residential use although a street or other public way is interposed between such lot and the residence.
   (b)   In addition to the provisions of subsection (a) above, the screening shall also meet the following standards:
      (1)   No refuse, garbage, trash, container for refuse, garbage or trash, merchandise building materials vehicles or other material or equipment shall be stored or placed within the minimum yards as required by this section.
      (2)   Materials or equipment as set forth in subsection (b)(1) above may be stored or placed in yards other than such minimum required yards only if they are screened or fenced in such a way so that the same are not visible by persons at the street level in the residential uses. The screening or fencing shall be constructed and maintained at a height of not less than four feet and not more than seven feet above grade and shall be constructed and maintained using the following materials:
         A.   Acoustical blocks, or
         B.   Decorative masonry or wood used, upright evergreens shall, in addition thereto, be planted on the side of the wall or fence nearest to the residential district. The maximum spacing between the plantings shall not exceed five feet.
            (Ord. 11-1989. Passed 1-23-89.)

1143.07 PROHIBITED LOCATIONS FOR PARKING.

   Off-street parking shall be permitted on a lot, except for the following:
   (a)   No required parking shall be permitted within a required front yard in any district.
   (b)   Required off-street parking in any such portion of the commercial-industrial district which adjoins any residence use, shall be set back ten feet from side or rear lot lines.
   (c)   No required off-street parking space shall be constructed so as to allow a vehicle to overhang into a required front yard or into other prohibited setback area.
   (d)   All required setback areas between lot lines and parking areas in the C-I District shall be planted or landscaped and shall be maintained in good condition.
      (Ord. 11-1989. Passed 1-23-89.)

1143.08 DESIGN STANDARDS.

   The Director of Public Service and Commissioner of Building and Zoning shall apply the following standards in addition to the other applicable provisions the Planning and Zoning Code and other laws and ordinances in reviewing and deciding whether or not to approve a site plan. (Ord. 005-2007. Passed 1-22-07.)
   (a)   Natural resources will be utilized within the district wherever possible. Detailed landscaping plans together with irrigation plans, must be approved in accordance with Chapter 1152. Mounding and/or plantings in the district shall be of sufficient height so as to shield the view of parking areas from any adjacent roadways. Examples of acceptable landscaping and mounding area shall be made available from the City.
(Ord. 056-2011. Passed 6-13-11.)
   (b)   Outdoor storage (e.g. materials, supplies, equipment, waste containers) shall be permitted only where screened from view by a permanent wall, mounding or other appropriate permanent screen and confined to approved locations. This provision shall be applicable to the materials, equipment and supplies stored in relation to and as part of the construction of the permanent structures upon a parcel, which materials, equipment and supplies shall be removed immediately.
   (c)   All lighting must be arranged or shielded as to avoid excessive glare reflecting onto any portion of any adjacent street or into the part of oncoming vehicles or onto any adjacent parcel.
   (d)   The area between the property lines and setback lines is to be used for landscaped areas, lawns, walks or off-street parking, providing that no parking will be allowed between the setback line and any existing or proposed right-of- way line, and such areas will be designated as a landscaped area kept free of any improvements other than trees, shrubs and lawns, except that drives and walks will be allowed. No fence, wall or mass planting shall be permitted to extend beyond the building lines established herein. The building construction and both shall be used to create a structure with equally attractive sides rather than to place all emphases on the front elevation of the building by neglecting or downgrading the aesthetic appeal of the side elevations of the building. The accessory buildings and enclosures, whether attached to or detached from the main building, shall be similar compatible design or materials.
   (e)   All parking areas will be paved. Off-street parking shall not be permitted within the right of way of a dedicated street. The Service Director may prohibit parking wherever the same constitutes a hazard, increases congestion or causes inconvenience, or otherwise adversely impacts on the development of the district.
   (f)   All loading and unloading of vehicles shall be conducted upon the parcel and not on any right of way. No loading dock may be placed on any side of a building having street frontage. Sufficient loading and unloading places shall be provided for each parcel, with provisions for handling all freight either by railroad or truck located only on those sides of the building which do not face any street.
   (g)   The grounds of each parcel will be maintained in a neat presentable manner. It shall be the duty of owners, lessees, sublessees and occupants of each and every unimproved parcel to keep the weeds and/or grasses cut to their respective portions, unless currently used for agricultural purposes. Any owners, lessees, sublessees and occupants shall carefully maintain their parcels and all improvements of whatever nature thereon in a safe, clean and wholesome manner and in first-class condition and repair at all times. All exterior painted surfaces shall be maintained in first class condition.
   (h)   All utility services to the front of any building to the property line must be underground. Exterior power equipment in front or side yards must blend with other improvements.
   (i)   All signage for the district must be approved as to size, location, height, letter styles, colors, lighting and materials in the sign plan review process. This review is designed to ensure that signs are located in a landscaped setting and provided the desired continuity and street scene effect. These requirements are in addition to those contained in Chapter 1337.
   (j)   All exterior building materials and colors must be compatible with neighborhood properties.
   (k)   The following harmony standards will be considered in the site plan review and are equally as important as any previous requirement:
      (1)   Conformity and harmony of external designs and general quality with the existing standards of the neighborhood and adjacent properties.
      (2)   The use or improvement of the proposed building and the materials of which it is to be built in relation to the parcel upon which it is to be erected or improved.
      (3)   The effect of the improvement on adjacent and neighboring properties.
      (4)   The effect of the improvement, as planned, on the outlook from the adjacent neighborhood properties.
         (Ord. 005-2007. Passed 1-22-07.)

1143.09 DEDICATION OF RIGHT OF WAY.

   (a)   The Director of Public Service is hereby authorized to require the dedication of necessary rights of way for streets, drainage and other utilities as a condition of site plan approval.
   (b)   In reviewing any subdivision of land or plat, the Director of Public Service shall consider whether the proposed internal street layout is consistent with the provisions of this chapter.
(Ord. 005-2007. Passed 1-22-07.)

1145.01 PURPOSE.

   It is the intent of the Advanced Manufacturing District to provide areas that can broaden the economic development options for the City of Oregon by creating development standards that will promote innovative development and employment opportunities for the City. The Advanced Manufacturing District promotes new and emerging industries in the development of new and better products through the use of advanced production technologies. It is leaner and cleaner with less impact. This district is intended to promote clean, advanced manufacturing, research and development opportunities, logistics and other similar businesses.
(Ord. 066. Passed 2022. Passed 3-28-22.)

1145.02 PERMITTED, ACCESSORY AND CONDITIONAL USES.

   The following uses, as defined in Section 1145.12, shall be considered as permitted, accessory or conditional as denoted in the following table:
Use
Permitted
Conditional
Accessory
Advanced Manufacturing
X
Bio-Technology Facilities
X
Construction Trailer/Office, Temporary
X
Data Center
X
Equipment Repair, Large
X
Equipment Repair, Small
X
Flex Office - Laboratory/Research/Development
X
Flex Office - Warehouse
X
Food Trucks
X
Greenhouse
X
Logistics
X
Office - General
X
Office - Medical
X
Outdoor Service Facility
X
Parking Structures
X
Park and Open Space
X   
Research and Development
X
Solar Energy Systems
X
Vehicle Charging Stations
X
(Ord. 066-2022. Passed 3-28-22.)

1145.03 PROHIBITED USES.

   Any use that is not listed in Section 1145.02 is strictly prohibited in this district. Additionally, to further emphasize, the following uses, as defined in Section 1145.12, are also prohibited within the Advanced Manufacturing District.
   (a)   Chemical Plants   
   (b)   Power Plants
   (c)   Petroleum Refineries
   (d)   Steel Mill
(Ord. 066-2022. Passed 3-28-22.)

1145.04 DEVELOPMENT STANDARDS.

   (a)   Minimum Front Setback.
      (1)   Building and Parking: Minimum forty (40) feet - measured from the right-of-way line The purpose of the minimum forty (40)-foot setback is to provide flexibility in the parking locations. In most cases, sites should incorporate similar design approaches as shown in Exhibits 1 and 2. Exhibit 1 illustrates limited parking (one row) with a drive aisle in front of the building. Exhibit 2 restricts parking to the side and rear of the building. In some limited cases, the best site design may be for more parking to be located in the front of the building. The road type (major streets or minor streets) shall be taken into consideration when determining which option is the best option for a particular site. The parking location shall be determined during the Site Plan Review process identified in Section 1145.11.
   (b)   Minimum Side Setback: Twenty-five (25) feet, unless adjacent to a property zoned for single family purposes, then a sixty (60)-foot maximum setback shall apply
   (c)   Minimum Rear Setback: Twenty-five (25) feet, unless adjacent to a property zoned for single family purposes, then a sixty (60)-foot maximum setback shall apply
   (d)   Maximum Lot Coverage: Eighty percent (80%).
Exhibit 1
   (e)   Maximum Building Height: Sixty (60) feet, measured vertically from proposed grade to the highest point on the roof. Roof top mechanicals, exhaust systems, antennas and other similar apparatuses may extend up to an additional 10 feet in height. Said mechanical units shall be screened on all sides by a wall, parapet or other similar architectural feature that does not extend more than ten (10) feet above the building height. Such screening shall be limited to the permitted area for said mechanical units, antennas or other similar apparatuses and shall not extend the entire length and/or width of the building.
Example of screening of exhaust systems:
(Ord. 066-2022. Passed 3-28-22.)

1145.05 ARCHITECTURAL REQUIREMENTS.

   (a)   Building Materials:   All exterior walls of principal buildings shall be comprised of the following materials: brick, stone, cultured or cast stone, E.I.F.S., wood, fibrous cement, pre-cast concrete panels, urethane wall panels, embossed kynar wall panels, or stucco textured wall panels. Textured cement block or split face block may be utilized but shall not comprise more than twenty percent (20%) of the building's façade.
   (b)   Building Entrance: Any building entrance that faces a public right-of-way shall clearly defined with façade variations, porticos, roof variations, recesses and projections, or other integral building forms.
   (c)   Wall Articulation: Exterior walls of principal buildings shall be subdivided and proportioned to human scale, using projections, overhangs and recesses in order to add architectural interest and variety and to avoid the effect of a single, massive wall with no relation to human size.
   Facades of principal buildings that can be viewed from rights-of-way, may not have blank, uninterrupted wall lengths exceeding fifty (50) feet without including at least two (2) of the following: change in plane, change in texture or masonry pattern, windows, trellis with vines, or an equivalent element that subdivides the wall into human scale proportions.
(Ord. 066-2022. Passed 3-28-22.)

1145.06 LANDSCAPING AND BUFFER STANDARDS.

   All development shall comply with any applicable landscaping and buffer requirements of Chapter 1152 of the City of Oregon Zoning Regulations. In addition to those standards, all development within the Advanced Manufacturing District shall comply with the following additional landscaping and buffering requirements:
   (a)   Parking Island Landscaping. All parking islands required in Section 1145.07(b)(1) shall have a minimum of one (1) small shade tree as defined in Appendix A of Chapter 1152 (minimum of two inches (2") in caliper at time of installation) and include a minimum of fifty (50) square feet of other plant material. The remaining area of the landscaped island shall be covered with stone or planted with grass. The use of mulch shall be prohibited within the landscaped islands.
Examples: Parking Islands
   (b)   Right-of-Way - Landscape Zone. Throughout the setback area along an existing or planned public right-of-way, there shall be a landscape zone that complies with the following:
      (1)   Be a minimum of forty (40) feet in width
      (2)   Include a cluster of the following trees at 100 foot intervals for the entire frontage. Each cluster shall include a minimum of three (3) evergreen trees as defined in Appendix C and two (2) shade trees as defined in Appendix A of Section 1152.
      (3)   The use of mounds is permitted within the required landscape zone, but in no case, shall the use of mounds eliminate or reduce number of trees required in this landscape zone.
Example: Landscape Zone
   (c)   Screening Between Uses. When a development within the Advanced Manufacturing district abuts an existing residential use or a residential zoning district, screening shall be required along the entire length of the line that abuts the residential use/district. Said screening shall comply with one of the following requirements:
      (1)   One (1) shade tree as defined in Appendix A of Chapter 1152 spaced 25-35 feet on center plus a double row hedge of evergreen shrubs as defined in Appendix E of Chapter 1152; or
      (2)   A 6-foot wall, fence or earthen mound plus a 3-foot hedge comprised of deciduous shrubs as defined in Appendix D of Chapter 1152, plus one (1) shade tree as defined in Appendix A of Chapter 1152, spaced at twenty-five to thirty-five (25-35) feet on center; or
      (3)   A double row, staggered planting of evergreen trees as defined in Appendix C spaced at fifteen (15) feet on center.
   (d)   Production areas, service areas, and loading zones: Screening of such areas shall consist of either landscaping or walls accented with landscaping materials. Screening consisting of walls shall utilize the same or similar materials as those used on the principals building.
(Ord. 066-2022. Passed 3-28-22.)

1145.07 PARKING.

   Parking lot areas shall be designed and constructed to minimize the visual impact of the parking area, minimize production of excess heat and prohibit any adverse effects on drainage. Appropriately sized landscaped areas shall be provided within each parking lot area allowing for a variety of shade trees to be planted. In order to accomplish these goals, all off-street parking lot areas shall be designed and constructed using the "Parking Bay" concept, which consists of parking spaces grouped together, with each Parking Bay separated by landscaped tree islands as further defined in the following sections.
   (a)   Parking Lot Location: Parking lots must be located a minimum of forty (40) feet from the right-of-way line. Parking lots may encroach into a required internal side or rear setback but in no case shall the parking be closer than five (5) feet to internal lot lines, except in cases where cross access is being provided as determined during site plan approval.
   (b)   Parking Bays: No Parking Bay shall contain more than forty-eight (48) parking spaces, with a maximum of twenty-four (24) spaces in a single row.
      (1)   Parking Lot Islands: Each landscape island in a single loaded parking stall design shall have a minimum area of one hundred sixty-two (162) square feet with a minimum width of nine (9) feet. Each landscape island in a double loaded parking stall design shall have a minimum of three hundred twenty-four (324) square feet with a minimum width of nine (9) feet.
      (2)   Parking Lot Screening: All parking lots shall be screened in accordance with Section 1145.06.
      (3)   Handicap accessible parking spaces shall be provided in accordance with the American with Disabilities Act requirements.
      (4)   All parking spaces shall be a minimum of nine (9) feet in width and eighteen (18) feet in length measured rectangularly and shall be served by aisleways of a minimum of twenty-four (24) feet in width to permit easy and smooth access to all spaces.
      (5)   All common areas and adjacent driveways shall be paved with asphalt material or cement and parking spaces shall be striped. The use of gravel for parking lots shall be prohibited.
      (6)   Loading Spaces:
         A.   All loading spaces should be located to the side or rear of the principal structure and screened in accordance with Section 1145.06(d) and are prohibited on any façade facing a public right-of-way.
         B.   A loading space shall consist of a rectangular area adequate for loading and unloading and be accessible from a maneuvering area.
         C.   All loading spaces and maneuvering areas shall be located on the same Lot as the use they are intended to serve.
         D.   A required loading space shall have a clearance height of not less than fifteen (15) feet and shall have minimum dimensions of not less than twelve (12) feet in width and fifty (50) feet in length, exclusive of any driveway, aisle, or other circulation area.
         E.   The following requirements represent the minimum number of off-street loading or truck bays that must be provided for Advanced Manufacturing and Logistic uses. Other permitted uses in this district are not required to meet these off-street loading space requirements. Sites may incorporate additional off-street loading or truck bays into their site designs based upon market demands, but in no case shall the number of off-street loading spaces or truck bays required for all Advanced Manufacturing and Logistic uses be no less than as set forth in the following:
            Under 10,000 square feet = none.
            10,000 square feet or more but less than 75,000 square feet = one space.
            75,000 square feet or more but less than 150,000 square feet = two spaces.
            150,000 square feet or more but less than 300,000 square feet = three spaces
             Over 300,000 square feet = one space for each 100,000 square feet or portion thereof.
            The loading space requirements for buildings with multiple uses or tenants shall be determined based on the aggregate total of gross floor area of all uses or tenants.
            (Ord. 066-2022. Passed 3-28-22.)

1145.08 LIGHTING.

   (a)   All Exterior Lighting shall comply with these standards unless specifically exempted.
   (b)   Exemptions:
      (1)   All exterior lighting fixtures producing light directly by the combustion of fossil fuels, such as kerosene lanterns or gas lamps are exempt from the requirements of this section.
      (2)   Holiday lighting shall be exempt from the requirements of this section.
      (3)   All temporary emergency lighting needed by the police, fire department, other emergency service vehicles, and public service vehicles, as well as all vehicular luminaries, shall be exempt from the requirements of this section including flashing or blinking lights.
      (4)   Street lights shall be exempt from the provisions of this section.
   (c)   Prohibited Lighting: Search lights, beacons, laser source lights, or any similar high-intensity or flashing lights are prohibited, except in emergencies by police and/or fire department personnel.
   (d)   Types of Fixtures: All light fixtures shall be full cut-off type fixtures except for decorative light fixtures.
   (e)   Fixture Height: 
      (1)   The fixture height in parking lots shall not exceed thirty (30) feet.
      (2)   Lighting located under canopies shall be flush mounted or recessed within the canopy.
      (3)   Fixture height shall be measured from the finished grade to the top most point of the fixture.
   (f)   Kelvin Levels: The color temperature for each light shall not exceed 4,000K.
   (g)   Exterior lighting shall be designed and located to have the following maximum illumination levels. The levels shall be measured at the finished grade at the lot Line as demonstrated by a lighting plan:
      (1)   The maximum illumination at a lot line that abuts a lot zoned for single family or multi-family uses shall be 0.3 foot-candles.
      (2)   The maximum illumination at a lot line that abuts any other use shall be 1.0 foot-candles.
      (3)   The maximum illumination at a lot line for properties used for outdoor sports and recreation shall be reviewed for compliance with regard to the intent of these guidelines to minimize the impact of light trespass and glare on all surrounding properties and public rights-of-way.
      (4)   The illumination across any property shall be designed so as to not create excessively dark spots that may create safety issues.
   (h)   For any development that abuts a property zoned for single family residential purposes:
   All non-essential outdoor lighting fixtures, including lighting for parking areas, signs, displays and aesthetic lighting, shall be turned off after business hours. Only lighting needed for safety or security may remain lit after close of business, in which case the lighting shall be reduced to the minimum level necessary. Automatic shut-off fixtures, auto-dimming to adjust lighting based on ambient lighting and the use of as little lighting as necessary without creating safety issues is encouraged. (Ord. 066-2022. Passed 3-28-22.)

1145.09 FENCES.

   (a)   Height. Any wall or fence to the side or rear of the principal building and behind the front setback line shall not exceed eight (8) feet in height. Any wall or fence that extends into the minimum front building setback shall not exceed three and half (3.5) feet in height.
   (b)   Materials. 
      (1)   Walls and fences shall be constructed of high-quality materials, such as tinted, textured blocks; brick; stone; or ornamental metal; and shall complement the design of an overall development and its surroundings.
      (2)   Chain link may only be used when not visible from public view.
      (3)   Wood fencing is not allowed, except wood may be used in conjunction with metal frames for gates used in conjunction with required screening walls.
      (4)   The use of barbed wire, razor wire, embedded glass shards, ultra barrier, electrified and other hazardous fencing is prohibited.
         (Ord. 066-2022. Passed 3-28-22.)

1145.10 SIGNS.

   (a)   Wall Signs. Each building in the Advanced Manufacturing District shall be permitted to have one (1) wall sign per frontage on a public right-of-way. Each permitted sign shall have an area of no more than one (1) square foot of sign area per two (2) lineal feet of unit frontage and not exceeding three hundred (300) square feet in area. Such Signs must be attached to the building below the cornice of the building with a maximum Sign Height of twenty-five (25) feet. When channel letters are utilized, the area of the sign shall be calculated by the measurement of the smallest rectangle that can be drawn around and include the letters of the Sign.
   (b)   Ground Mounted Sign: One (1) ground mounted monument sign per entrance for each parcel with access to a public right-of-way shall be permitted, subject to the following requirements:
      (1)   The maximum height of any ground mounted monument sign shall be eight (8) feet as measured from grade to the top of the highest part of the sign. Mounding shall not be installed to increase the height or visibility of a monument sign.
      (2)   All monument signs shall be setback a minimum of twenty (20) feet from any public right-of-way.
      (3)   The total maximum sign area shall not exceed sixty (60) square feet per sign face (not including the structural support). There shall be a maximum of two (2) sign faces per sign.
      (4)   All ground mounted monument signs shall have a solid base consistent with the primary building material and have a minimum of fifty (50) square feet of landscaping around all sides of the sign. Sign shall be affixed directly to a base having a width at least equal to that of the sign.
   (c)   Sign Lighting.   
      (1)   Sign lighting shall be consistent, understated, and properly disguised. Unless noted, one of the following methods of lighting may be employed:
         A.   A white, steady, stationary light that does not glare onto surrounding areas, is directed solely at the sign, and is otherwise prevented from beaming directly onto adjacent properties or rights-of-way.
         B.   A white interior light with primary and secondary images lit or silhouetted on an opaque background. The background must be opaque. No additional background lighting or illuminated borders or outlines shall be permitted.
      (2)   The maximum lighting shall be 3000 K.
      (3)   The level of illumination emitted or reflected from a Sign shall not be of an intensity sufficient to constitute a demonstrable hazard to vehicular traffic on any right - of - way or parking lot from which the sign can be viewed.
      (4)   Light fixtures shall be screened from view by site grading or landscaping.
         (Ord. 066-2022. Passed 3-28-22.)

1145.11 SITE PLAN REVIEW.

   All developments within the Advanced Manufacturing District require a Site Plan approval in accordance with Chapter 1151 of the City of Oregon Zoning Code prior to the issuance of a Zoning Permit. (Ord. 066-2022. Passed 3-28-22.)

1145.12 DEFINITIONS.

   Due to the unique nature of the Advanced Manufacturing District, the following definitions for the various permitted, conditional and accessory uses have been established. If the definition of any term defined in Section 1145.12 conflicts with definitions found elsewhere, including other sections of this Zoning Resolution, the definitions herein shall prevail under this section.
ADVANCED MANUFACTURING - A use that involves computer technology, robotics, or other innovation to improve a product or process.
BIO-TECHNOLOGY FACILITY - A facility designed to manipulate living organisms or their components to produce useful, common commercial products such as but not limited to pest resistant crops, new bacterial strains, and novel pharmaceuticals. This type of use is typically fully enclosed by four solid walls and a roof.
CHEMICAL PLANT - An industrial process plant that manufactures chemicals on a large scale to create new material using the chemical transformation or separation of materials. This type of use typically includes large, vertical, outdoor storage tanks and other outdoor material moving equipment.
CONSTRUCTION TRAILER/OFFICE - A trailer or portable building used to provide temporary workspace for construction management personnel during the construction of a building or facility.
DATA CENTER - A facility that houses computer systems and associated data and is focused on the mass storage of data.
EQUIPMENT REPAIR, LARGE - A facility that is fully enclosed by four solid walls and a roof that is used for the repair of contactor's equipment, heavy machinery, repair equipment, motor vehicles or trucks.
EQUIPMENT REPAIR, SMALL - A facility that is fully enclosed by four solid walls and a roof that is used to repair small tools and equipment such as lawn mowers, small tractors, and other small equipment.
FLEX-OFFICE LABORATORIES/RESEARCH/DEVELOPMENT - A space for a combination of office and laboratory and research and development uses that has build out capabilities to meet individual needs.
FLEX-OFFICE WAREHOUSES - A space for a combination of office and warehouse uses that has built out capabilities to meet individual needs.
FOOD TRUCK - A vehicle from which food for human consumption is sold and dispensed. Said food can be prepackaged or prepared within the vehicle. Such vehicle may be self-propelled or towed by another vehicle and must be licensed in the state of Ohio.
LOGISTICS - A large building where material, products, or other manufactured goods are acquired, stored, and transported to their final destination. There is no production, processing, assembling, or packaging of products or materials in these buildings.
OFFICE - GENERAL - A facility providing executive, management, administrative, or professional services. This use includes corporate offices, law offices, architectural firms, insurance companies and other executive, management or administrative offices for businesses or corporations. General office uses may include the administration of local, state, or federal government services or functions. This facility does not include medical offices, call centers, or flex offices.
OFFICE - MEDICAL - A facility providing medical, dental, or other health services relating to the diagnosis and treatment of human illnesses, injuries, and physical ailments treated in an office setting. This includes outpatient surgery, rehabilitation, incidental laboratories, and other related activities, but does not include overnight patient stays.
OUTDOOR SERVICE FACILITY - An area or use that is not fully enclosed by solid walls and a roof and where services are rendered or goods are displayed, sold, or stored. Outdoor service facilities may include, but are not limited to storage areas for supplies, materials or equipment.
PARKING STRUCTURE - A facility used for vehicle parking and where there are a number of floors or levels on which parking takes place, either freestanding or integrated into a building.
PARKS AND OPEN SPACE - Public or private land that has been identified for active or passive parks or property to be left in a generally natural state.
POWER PLANT - An industrial facility for the generation of electric power.
PETROLEUM REFINERY- A building, enclosure, space or any combination thereof utilizing apparatus, machinery and sundry equipment to process petroleum.
RESEARCH AND DEVELOPMENT - A use where individuals are employed to search for knowledge and test processes that might be used to create new technologies, products, services, or systems.
SOLAR ENERGY SYSTEM - The equipment, assembly or building construction and requisite hardware that provides and is used for collecting, transferring, converting, storing, or using incident solar energy for water heating, space heating, cooling, generating, electricity, or other applications that would otherwise require the use of a conventional source of energy such as petroleum products, natural gas, manufactured gas, or electricity produced from nonrenewable resource.
STEEL MILL- Building, enclosure or space or any combination thereof that manufactures, forms and produces steel.
VEHICLE CHARGING STATION - A facility or area at which electric powered or hybrid powered motor vehicles can obtain electrical current to recharge batteries.
(Ord. 066-2022. Passed 3-28-22.)

1144.01 GENERAL PURPOSE AND OBJECTIVES OF THE OREGON TOWN CENTER OVERLAY ZONING DISTRICT.

   The purpose of the Oregon Town Center Overlay Zoning District is to protect property values and ensure the community remains attractive to residents and businesses. The overlay district is intended to leverage public and private investment to help create a distinct, attractive and walkable community center with a mix of commercial, residential and public land uses and amenities; to provide orderly vehicular and pedestrian circulation systems; to maintain flexibility and encourage imaginative and innovative planning of facilities and sites; to insure a high standard of architectural and site design; and to respect existing environmental factors and minimize impacts on neighboring properties.
(Ord. 068-2017. Passed 5-22-17.)
 

1144.02 EFFECT OF DESIGNATION.

   The Oregon Town Center Overlay Zoning District establishes additional design standards for development allowed by the underlying (base) zoning district. In the event of conflict between the Oregon Town Center Overlay Zoning District regulations and the regulations of the underlying zoning district, the overlay zoning regulations apply. In all other cases, both the overlay zoning and underlying zoning regulations apply. Those areas included within the Oregon Town Center Overlay Zoning district boundaries shall be shown on the Official Zoning Map.
(Ord. 068-2017. Passed 5-22-17.)
 

1144.03 BOUNDARIES.

   (a)   Area 1 Legal Description.
   That area located in the North one half of Section 9, Town 10 South, Range 8 East, in the City of Oregon, Lucas County, Ohio bounded on the North by the centerline of Navarre Avenue; bounded on the East by the West property line of Parcels 44-23883, 44-23324, and 44-23334, parcels owned by Joseph Brothers Company; also bounded on the East by the West property line of Parcel 44-23910, a parcel owned by Charles Crest II Corporation; also bounded on the East by the West property line of Parcel 44-23884 owned by Dunn Bros Ltd; also bounded on the East by the West property lines of Lots 29 through 38 in Hallschild Subdivision, a recorded plat in the Southwest 1/4 of the Northeast 1/4 of Section 9, Town 10 South, Range 8 East, City of Oregon, Lucas County, Ohio; also bounded on the East by the West property line of Parcel 44-22890 owned by Michael B and Laura J Armstrong; bounded on the South by the centerlines of Pickle Road and Munding Drive; bounded on the West by the centerline of Isaac Streets Drive.
 
Such Overlay District containing the following parcels:
 
44-23101, 44-23880, 44-23907, 44-23914, 44-23917, 44-24021, 44-24022, 44-24024, 44-24061, 44-24077, 44-24097, 44-24114, 44-24121, 44-24131, 44-24144, 44-24224, 44-24227, also parcel 44-23941, excluding that portion of parcel 44-23941 lying north of the south property line extended of Parcel 44-23910 owned by Charles Crest II Corporation.
 
Containing 79.28 acres, more or less.
 
    (b)   Area 2 Legal Description.
   That area located in the North one half of Section 9, Town 10 South, Range 8 East, in the City of Oregon, Lucas County, Ohio bounded on the North by the centerline of Navarre Avenue; bounded on the East by the West property line of Parcels 44-23207 and 44-23208, parcels owned by The Ohio Bell Telephone; also bounded on the East by the West property line of Parcel 44-23206 owned by CarWay Acceptance Corporation; also bounded on the East by the West property lines of Lots 27, 28 and 29 in Hallschild Subdivision, a recorded plat in the Southwest 1/4 of the Northeast 1/4 of Section 9, Town 10 South, Range 8 East, City of Oregon, Lucas County, Ohio; bounded on the South by the North property line extended of Parcel 44-23101 owned by Dickey Broadcasting Company; also bounded on the South by the South property line extended of Parcel 44-23910 owned by Charles Crest II Corporation, said South property line extended to the east a distance of 60 feet plus or minus to the West property line of Parcel 44-23884 owned by Dunn Bros Ltd; bounded on the West by the East property line of Parcel 44-24114 owned by Oregon Real Estate Company; also bounded on the West by the East property line of Parcel 44-24021 owned by Oregon Ohio, LLC; also bounded on the West by the East property line of Parcel 44-23880 owned by Joseph Brothers Company; also bounded on the West by the East right-of-way of Harbor Drive.
 
Such Overlay District containing the following parcels:
 
44-23296, 44-23306, 44-23314, 44-23319, 44-23324, 44-23334, 44-23337, 44-23883, 44-23884, 44-23886, 44-23910, also that portion of parcel 44-23941 lying north of the south property line extended of Parcel 44-23910 owned by Charles Crest II Corporation.
 
Containing 33.15 acres, more or less.
 
   (c)   Area 3 Legal Description.
   That area located in the Northeast one quarter of Section 9, Town 10 South, Range 8 East, in the City of Oregon, Lucas County, Ohio bounded on the North by the centerline of Navarre Avenue; bounded on the East by the centerline of Coy Road; bounded on the South by the North property line of Parcel 44-23014 owned by George Kellerbauer Jr; also bounded on the South by the North property line of Parcel 44-22883 owned by Leonard Paul Blair, Bishop of the Roman Catholic Diocese; also bounded on the South by the North property lines of Lots 16 through 27 in Hallschild Subdivision, a recorded plat in the Southwest 1/4 of the Northeast 1/4 of Section 9, Town 10 South, Range 8 East, City of Oregon, Lucas County, Ohio; bounded on the West by the East property line of Parcel 44-23296 owned by United States Postal Service; also bounded on the West by the East property line of Parcel 44-23314 owned by Joseph Brothers Company LLC.
 
Such Overlay District containing the following parcels:
 
44-22901, 44-22957, 44-22962, 44-22963, 44-22964, 44-22974, 44-22977, 44-22987, 44-22994, 44-23037, 44-23054, 44-23059, 44-23060, 44-23067, 44-23071, 44-23074, 44-23075, 44-23077, 44-23094, 44-23187, 44-23191, 44-23193, 44-23194, 44-23198, 44-23205, 44-23206, 44-23207, 44-23208, 44-23211, 44-23221, 44-23227, also 44-52996.
 
Containing 54.48 acres, more or less.
 
(Ord. 068-2017. Passed 5-22-17.)
 

1144.04 REVIEW AND APPROVAL PROCEDURES.

   The following provisions apply to the submission, review and approval of site plans, building plans, and zoning permits in the Oregon Town Center Overlay Zoning District.
   (a)   Any construction or change of use which requires the issuance of a zoning permit shall also require submission and approval of a site plan in accordance with Chapter 1151.
   (b)   Any construction or change of use which requires the issuance of a zoning permit shall also require submission and approval of a detailed landscape plan in accordance with Chapter 1152. The landscape plan must show the location, size, quantity, and species of all proposed plantings.
   (c)   Any construction or change of use which requires the issuance of a zoning permit shall also require submission of building elevation drawings, with colors and materials indicated, showing the front, rear and side views.
   (d)   Upon submission of the complete application for site plan review, landscape plan review and building elevation drawings to the Zoning Inspector, they shall be reviewed in accordance with the guidelines and requirements of Chapter 1144, Chapter 1151 and Chapter 1152.
   (e)   Site plans, landscape plans and building elevation drawings shall be submitted to the Design Review Committee established in Chapter 1343 for review and approval prior to issuance of permits.
   (f)   Legal nonconforming uses and structures within the Oregon Town Center Overlay Zoning District may continue in accordance with the provisions of Chapter 1109.
   (g)   The Oregon Town Center Zoning Overlay District is not intended to require extensive changes that would be extremely impractical such as moving existing buildings or changing façade materials of existing buildings. Appearance upgrades that bring the site or building closer to conformance are allowed even if the overall site or building remains nonconforming. Proposed changes that are not in conformance or do not move the site or building closer to conformance are prohibited.
(Ord. 068-2017. Passed 5-22-17.)
 

1144.05 PERMITTED, ACCESSORY, SPECIAL AND CONDITIONAL USES.

   All uses that are permitted, accessory, special or conditional uses in the underlying zoning district remain as permitted, accessory, special or conditional uses in the Oregon Town Center Overlay Zoning District.
(Ord. 068-2017. Passed 5-22-17.)
 

1144.06 SETBACKS.

   The minimum and maximum front yard setbacks for parcels within the Oregon Town Center Overlay Zoning District are as follows:
   (a)   For frontage on Navarre Avenue:
      Minimum front yard setback: 25 feet from right-of-way for Navarre Avenue frontage.
      Maximum front yard setback: 50 feet from right-of-way.
   (b)   For frontage on Dustin Road, Isaac Streets Drive and East Harbor Drive:
      Minimum front yard setback: greater of 10 feet from curb or 10 feet from right-of-way unless a greater setback is required to meet sight distance requirements of the City Engineering Department/Director of Public Service.
      Maximum front yard setback: 25 feet from right-of-way but can be increased by 15 feet to provide a public-private space such as an outdoor dining area.
   (c)   For parcels with frontage on more than one street, up to fifty percent of the building width along one street frontage may exceed the maximum front yard setback.
   (d)   In the event of conflict between the setback requirements of the overlay zoning district and the setback requirements of Chapter 1153, the overlay zoning requirements apply.
   (e)   All other bulk and density regulations (side yard, rear yard, height, coverage) shall be as specified in the underlying zoning district.
(Ord. 068-2017. Passed 5-22-17.)
 
1144.07 SITE DESIGN STANDARDS FOR PEDESTRIAN CONNECTIVITY.
   (a)   Sidewalks shall be constructed along all public streets, at the time of development or redevelopment, of any parcel in the overlay district. The minimum standards for the construction of sidewalks in the public right-of-way shall be the improvement standards in Chapter 1177.
 
   (b)   For commercial, mixed-use or institutional buildings, at least one main entrance shall face and open directly onto a 5 foot wide connecting walkway to the street sidewalk without requiring pedestrians to walk around buildings or around parking lot outlines which are not aligned to a logical route.
 
   (c)   For multi-family residential buildings, connecting walkways shall be provided for internal pedestrian circulation within the site to connect to street sidewalks and to connect parking spaces with the main building entrance.
 
   (d)   Connecting walkways may cross parking aisles or driveways if distinguished from driving surfaces through the use of durable, low maintenance surface materials such as pavers, bricks, scored concrete or scored and painted asphalt to enhance pedestrian safety. Raised walkways may be installed if elevated 6 inches with tapered side slopes and if meet ADA standards.
 
   (e)   Provisions shall be made in the design of developments for connections with existing or future pedestrian systems on adjoining properties, including but not limited to connections to existing or future sidewalks, bikeways and walkways.
(Ord. 068-2017. Passed 5-22-17.)
 

1144.08 BUILDING DESIGN STANDARDS.

   (a)   The general architectural standards in Section 1343.01 regarding variation in massing, minimum wall variegation, well-defined primary entrance, reduction in perceived height, minimization of unsightly features, and building materials and colors shall apply to all parcels within the Oregon Town Center Overlay Zoning District.
 
   (b)   In addition to the general architectural standards in Section 1343.01, the following detailed architectural standards shall apply to all parcels within the Oregon Town Center Overlay Zoning District:
      (1)   The width of a principal building along a primary building frontage shall be a minimum of 60 percent of the lot width.
      (2)   A primary building frontage shall incorporate a primary entrance door. The primary entrance door shall be clearly defined and contrast with the surrounding wall plane using techniques such as a sheltering element (awning, portico, or overhang), peaked roof forms over the door, or other architectural details.
      (3)   A building frontage that exceeds a width of 50 feet shall include vertical piers or other vertical visual elements to break the plane of the building frontage to avoid the appearance of a long wall and break up the building mass. The vertical piers or visual elements shall be spaced at intervals of 15 feet to 35 feet along the entire building frontage.
      (4)   A primary building frontage shall be subdivided and proportioned using features such as windows, entrances, arcades and awnings.
      (5)   Any pickup unit for a drive-thru business shall be attached to the principal building and shall be located behind or to the side of the building.
 
   (c)   The standards for mechanical equipment, utilities, and site lighting in Sections 1138.09(e), 1138.09(f) and 1138.09(g) shall apply to all parcels within the Oregon Town Center Overlay Zoning District.
(Ord. 068-2017. Passed 5-22-17.)
 

1144.09 LANDSCAPE STANDARDS.

   (a)   The Landscaping and Buffer Yard requirements in Chapter 1152 shall apply to all parcels within the Oregon Town Center Overlay Zoning District.
 
   (b)   In addition to the Landscaping and Buffer Yard requirements in Chapter 1152, the following landscape standards shall apply to all parcels within the Oregon Town Center Overlay Zoning District:
      (1)   Landscaping shall be provided along all street frontages for a depth equal to the required front yard setback (25 feet from the right-of-way along Navarre Avenue, the greater of 10 feet from the curb or 10 feet from the right-of-way along Dustin Road, Isaac Streets Drive and East Harbor Drive). This frontage landscaping shall include grass, trees and shrub plantings. At least one tree must be provided for every 30 feet of lot frontage or fraction thereof.
      (2)   Any part of a lot not used for buildings, other structures, parking, service areas, access drives or walkways must be landscaped with a combination of groundcover, trees and shrubs. Grass may be used in conjunction with other plant materials.
      (3)   Parking lot perimeter and interior landscaping and screening shall be provided in accordance with Section 1157.02 and 1157.03.
 
   (c)   The list of trees and shrubs attached to Original Ordinance 84-1986 and/or included in Chapter 1152 Appendices A through E, or other trees and shrubs approved by the Commissioner of Building and Zoning Inspection after advisement from the City of Oregon Tree Commission, will be permitted within the Oregon Town Center Overlay Zoning District. In addition, a minimum height of three feet is required at the time of initial planting for trees and shrubs used for screening purposes.
(Ord. 068-2017. Passed 5-22-17.)
 

1144.10 OFF-STREET PARKING.

   (a)   The Off-Street Parking and Loading requirements in Chapter 1157 shall apply to all parcels within the Oregon Town Center Overlay Zoning District.
 
   (b)   In addition to the Off-Street Parking and Loading requirements in Chapter 1152, the following landscape standards shall apply to all parcels within the Oregon Town Center Overlay Zoning District:
      (1)   Parking, stacking and circulation aisles are not permitted between the principal building and a street right-of-way line. This standard does not apply to existing buildings unless they are expanded by 50 percent or more in floor area.
      (2)   Off-street parking facilities shall be located in the rear portion of the subject property and behind the principal building or use.
      (3)   If parking in the rear of the subject property is not feasible because the lot is too shallow or other unique circumstances approved by the Design Review Committee, then parking may be allowed on the side of the building if a screening wall and landscaping treatment is installed along the street frontage. The design of the screening wall and landscaping shall be subject to the review and approval of the Design Review Committee.
(Ord. 068-2017. Passed 5-22-17.)
 

1144.11 ACCESS MANAGEMENT.

   (a)   For parcels with frontage on Navarre Avenue: developments involving new buildings with a floor area of 5,000 square feet or more, or building expansions of 5,000 square feet or more in floor area, drive aisle connections/stubs and cross access easements shall be provided to adjacent parcels.
 
   (b)   For parcels with frontage on Navarre Avenue: developments involving new buildings with a floor area of 5,000 square feet or more, or building expansions of 5,000 square feet or more in floor area, a drive aisle connection/stub shall be provided to the south to connect to a possible future rear access road south of, and parallel to, Navarre Avenue.
 
   (c)   Additional curb cuts on Navarre Avenue are discouraged and shared access drives shall be provided where feasible.
(Ord. 068-2017. Passed 5-22-17.)
 

APPENDIX A