The purpose of the C District is to provide areas for a broad range of commercial retail, office and service uses to meet the economic needs of the city and its market area.

(Ord. No. 2011-06, § 2, 12-19-2011)

The following uses are permitted in the C District when developed under the applicable development standards of this title:

A.

Retail trade establishments engaged in selling goods or merchandise to the general public for personal or household consumption such as retail groceries, hardware stores, department stores, automobile service station subject to the provisions in Section 16.465, Service Station Standards, and sporting goods stores;

B.

Retail service establishments offering services and entertainment to the general public for personal or household consumption such as eating and drinking establishments, motels and hotels (but excluding recreational vehicle parks and campgrounds), banks, real estate, and financial services;

C.

Business service establishments engaged in rendering services to other businesses on a fee or contract basis such as building maintenance, employment services, and consulting services;

D.

Professional offices and clinics for medical, dental, legal, engineering and other professions;

E.

Wholesale trade or distribution, warehousing, and storage that is accessory and subordinate to a permitted use;

F.

Limited manufacturing, including the following:

1.

Bakeries,

2.

Beverage bottling plants,

3.

Machine shops,

4.

Handicraft manufacturing;

5.

Fermented beverage manufacturing including but not limited to cideries, distilleries, breweries, and wineries, provided the following are met:

a.

The primary use on the property:

i.

Is a retail or wholesale use, and

ii.

The area involved in the manufacturing of the product does not involve more than fifty (50) percent of the gross floor area of the primary use or two thousand (2,000) square feet of gross floor area, whichever is smaller, and

b.

All processing and storage of materials is wholly within an enclosed building;

c.

The building and layout of the manufacturing use on the site are compatible with the character of the commercial area;

6.

There shall be a side yard of at least twenty (20) feet adjacent to a residential zone;

7.

There shall be a rear yard of at least twenty (20) feet adjacent to a residential zone;

8.

The height requirements of the C District are met;

G.

Dwellings shall be permitted subject to the following provisions:

1.

A dwelling may be established in a building with a permitted commercial use provided it is necessary and clearly accessory and subordinate to a permitted commercial use.

2.

A dwelling not clearly accessory and subordinate to a permitted commercial use may be established on the second or upper floors of a permitted commercial use.

3.

A dwelling not clearly accessory and subordinate to a permitted commercial use may be established on the first floor of a commercial use, subject to the following restrictions:

a.

The dwelling is located at the rear of the building.

b.

Pedestrian access to the dwelling is not from the front of the commercial building or from a public street.

c.

The dwelling shall not access commercial uses located within the building containing the commercial use.

d.

No more than one first floor dwelling shall be permitted per commercial building irrespective of the number of commercial spaces within the building. The dwelling shall occupy no more than fifty (50) percent of the rear of the first floor area of the commercial building.

H.

Day nursery with less than thirteen (13) children and day care center with thirteen (13) or more children;

I.

Residential care home subject to the design standards in Section I6.220.070D., and residential care facility, assisted living center, nursing home and convalescent center, subject to the provisions of Section 16,568, Site Development Review;

J.

Public and private utility buildings and structures, including but not limited to electric substations, telephone exchanges, and communications antennas or towers, subject to the provisions of Section 16.568, Site Development Review;

K.

Public facility and government use, subject to the provisions of Section 16.568, Site Development Review;

L.

Health and fitness facility;

M.

Home occupation, subject to the provisions of Sections 16.550, Major Home Occupation and 16.552, Minor Home Occupation;

N.

Bed and breakfast establishment, subject to the provisions of Sections 16.415, Bed and Breakfast Establishments, and 16,568, Site Development Review;

O.

House of worship, subject to the provisions of Section 16,562, Site Development Review;

P.

Temporary and portable uses, subject to the provisions of Section 16.572, Temporary and Portable Uses; and

Q.

Antennas, but not towers, related to a wireless communication facility subject to the provisions of Sections 16.495, Wireless Communication Facility and 16,568, Site Development Review.

R.

Medical marijuana facility (dispensary) and recreational marijuana retail sales facility provided the following are met:

1.

Shall not be located within one thousand (1,000) feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors;

2.

Shall not be located within one thousand (1,000) feet of a licensed early education school or day care with an annual average daily attendance of at least fifteen (15) children;

3.

Shall not be located within one thousand (1,000) feet of city park (between Yamhill and Sherman Streets at Box Street), the Veterans' Memorial (West Main and Florence Street), or the city's southside park (fishing pond park);

4.

Shall not be located within one thousand (1,000) feet of the city library;

5.

Shall not be located within one thousand (1,000) feet of another medical marijuana facility or a recreational marijuana retail sales facility;

6.

A medical marijuana facility and a recreational marijuana retail sales facility shall not open earlier than 7:00 a.m. and shall close no later than 10:00 p.m.;

7.

Provide evidence to the city the medical marijuana facility business is currently licensed under the state's medical marijuana facility licensing system under ORS 475.300 through 475.346 or the recreational marijuana retail sales facility business is currently licensed under the state's recreational marijuana retail sales facility licensing system under OAR 845.025 and applicable Oregon Administrative Rules;

8.

A medical marijuana facility or a recreational marijuana retail sales facility shall be located in a permanent building and may not locate in a trailer, cargo container or motor vehicle;

9.

The exterior appearance of the structure shall not cause blight, or cause deterioration or avoidable depreciation in property values within the general vicinity;

10.

Cultivation or infusion of medical marijuana or recreational marijuana at the site of a medical marijuana facility or a recreational marijuana retail sales facility is prohibited;

11.

A medical marijuana facility or recreational marijuana retail sales facility shall provide for the secure disposal of marijuana remnants and by-products; such remnants and byproducts shall not be placed within the facility's unsecured exterior refuse containers;

12.

Drive-through services are prohibited;

13.

The on-site consumption of marijuana in any form is prohibited.

(Ord. No. 2011-06, § 2, 12-19-2011; Ord. No. 2015-02, § 2, 4-20-2015; Ord. No. 2016-01, § 3, 1-19-2016; Ord. No. 2018-03, § 2, 7-16-2018; Ord. No. 2023-06, § 1(Exh. A), 11-20-2023)

The following uses may be permitted in the C District subject to obtaining a conditional use permit:

A.

Hospitals and sanitariums;

B.

Public and private schools providing primary or secondary education;

C.

Except as provided in Section 16.235.035, any commercial service or business activity otherwise allowed as a permitted use in the C District, involving the processing of materials which is essential to the permitted use and which processing of materials is conducted wholly within an enclosed building.

D.

Public facility or government use.

E.

Small-scale manufacturing, subject to the standards and process in Section 16.235.035, Small Scale Manufacturing.

(Ord. No. 2011-06, § 2, 12-19-2011)

A.

Standards. A small-scale manufacturing operation may be permitted in the C District as a conditional use provided the conditional use criteria in Section 16.546 and the following criteria are met:

1.

The primary use on the property:

a.

Is a retail or wholesale use,

b.

The area involved in the manufacturing of the product does not involve more than fifty (50) percent of the gross floor area of the primary use or four thousand (4,000) square feet of gross floor area, whichever is smaller, and

c.

All processing and storage of materials is wholly within an enclosed building;

2.

The building and layout of the manufacturing use on the site are compatible with the character of the commercial area;

3.

The enclosed building shall be no closer than sixty (60) feet to the center line of a public road; provided, however, that in no case shall the enclosed building be located closer than twenty (20) feet to the right-of-way of any state highway or public road;

4.

There shall be a side yard of at least twenty (20) feet adjacent to a residential zone;

5.

There shall be a rear yard of at least twenty (20) feet adjacent to a residential zone;

6.

The sign requirements of Section 16.395 are met;

7.

The height requirements of the C District are met;

8.

The off-street parking and loading requirements of Section 16.340 are met; and

9.

The use shall not be objectionable to surrounding residential or commercial uses because of odor, dust, smoke, cinders, fumes, noise, glare, heat or vibration.

B.

Process.

1.

Small-scale manufacturing uses shall comply with Section 16.570, Conditional Use Permit; and

2.

Small-scale manufacturing uses shall comply with Section 16.568, Site Development Review.

C.

The reviews in subsection B. of this section shall include consideration of the standards of this section. Approval shall not be granted unless all standards of this section and other applicable provisions of this title are met.

(Ord. No. 2011-06, § 2, 12-19-2011)

The density for residential uses in the C District shall comply with the provisions of Section 16.235.020, G, Permitted Uses, and be limited to no more than five dwelling units per net acre.

(Ord. No. 2011-06, § 2, 12-19-2011)

The following minimum dimensional standards shall be required for development in the C District. Small scale manufacturing uses shall also comply with applicable standards in Section 16.235.035, above. Modifications are permitted under Section 16.320, Yards and Setbacks, and other applicable provisions of this title.

A.

Minimum lot area: no limitation.

B.

Minimum yard setbacks:

1.

Lot or parcel abutting, or across an alley from, a residential district:

a.

Front yard: five feet.

b.

Side yard: ten (10) feet.

c.

Rear yard: ten (10) feet.

2.

Lot or parcel not abutting, or across an alley from, a residential district:

a.

Front yard: five feet.

b.

Side yard: zero feet.

c.

Side yard abutting a street: five feet.

d.

Rear yard: zero feet.

C.

Maximum structure height: forty-five (45) feet.

D.

Height Exceptions for Public Buildings. Public buildings, houses of worship, hospitals, and educational institutions when permitted in the C District may be constructed to a height not to exceed 1.75 times the height limit for the district, provided the required yards are increased one-foot for each two feet of additional building height above the height regulation for the district.

(Ord. No. 2011-06, § 2, 12-19-2011)

Development in the C District shall comply with the applicable provisions of Section 16.310, General Standards, and other applicable sections of this title. In addition, the following standards shall apply:

A.

Off-street Parking. Off-street parking shall comply with Section 16.340, Off-street Parking and Loading.

B.

Signs. Signs shall comply with Section 16.395, Signs.

C.

Site Development Review. Development in the C District shall comply with Section 16.568, Site Development Review.

D.

Outdoor Display. There shall be no outdoor display or storage of materials or merchandise within a public alleyway, roadway or sidewalk that would impede pedestrian, bicycle, or vehicular traffic, except during community retail sales events. Safety precautions shall be observed at all times.

E.

Yards and Setbacks. Yards and setbacks shall comply with Section 16.320, Yards and Setbacks.

F.

Landscaping.

1.

A minimum of ten (10) percent of the gross site area shall be landscaped. Areas not containing buildings, parking areas or driveways shall be landscaped.

2.

Screening shall be provided consistent with provisions in Section 16.330, Screening (Fences, Walls and Hedges).

3.

Xeriscaping may be installed on landscaped areas of a property that are not otherwise set aside, dedicated or used to comply with a rule or regulation regarding:

a.

Stormwater management,

b.

The preservation of natural habitat and tree canopy, or

c.

The control of invasive plant species.

G.

Storage. Outside storage areas shall be screened by a one hundred (100) percent sight-obscuring fence or wall at least five feet in height. The fence or wall may be screened by an evergreen hedge at least three feet in height and capable of attaining a height of five feet.

H.

Street Access. Vehicle access points to public streets shall minimize traffic congestion, maximize safety, and shall not access designated collector and arterial streets if access to a local street is available.

I.

Residential Care Facility. An applicant proposing a residential care facility shall provide the city a copy of the application and supporting documentation for state licensing of the facility, except for information which is exempt from public disclosure under ORS 192.410 to 192.505. The city manager, or designee, may determine that independent proof of the same conditions that have been required by the department of human services under ORS 418.205 to 418.327 for licensing of a residential care facility is not required to be submitted.

(Ord. No. 2011-06, § 2, 12-19-2011)

A.

A redevelopment plan shall be included with a land use application or, if no land use application is required, a building permit application, for development on a lot or parcel with a remaining undeveloped portion of more than one-acre.

B.

The redevelopment plan shall show how the remaining undeveloped portion of the property could be developed in the future consistent with the requirements of the C District and other applicable sections.

C.

The redevelopment plan may be revised or modified at the time of future development provided the revised plan complies with the applicable requirements of the C District and other applicable sections.

(Ord. No. 2011-06, § 2, 12-19-2011)

No manufactured home, modular home, or conventionally built home which has been previously occupied at another location shall be located on an individual lot or parcel in the C District.

(Ord. No. 2011-06, § 2, 12-19-2011)