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Talent City Zoning Code

Division IV

Commercial Zones

18.45 Commercial Zone – Neighborhood (CN)

The neighborhood commercial zone (CN) is intended to create, preserve and enhance areas of retail establishments serving frequently recurring needs for goods and services in convenient locations. This commercial zone is typically appropriate to small shopping clusters or integrated shopping centers in developments of one-third to one acre within residential neighborhoods. Facilities should be oriented to serve residents’ commercial service needs, to strengthen neighborhood interaction and a rural character, to minimize the need for automobile trips and to make commercial services more readily available to senior citizens, families with only one car, and others who could walk or ride a bicycle to these facilities. These areas should be located adjacent to collector or arterial streets.

18.50 Commercial Zone – Central Business District (CBD)

The planning commission may grant or deny a conditional use permit in accordance with the procedure and provisions set forth in Chapter 18.155 TMC.

A. Any uses permitted conditionally in the neighborhood commercial zone (CN).

18.55 Commercial Zone – Highway Central Business District (CBH)

The planning commission may grant or deny a conditional use permit in accordance with the procedure and provisions set forth in Chapter 18.155 TMC.

A. Automobile service stations.

18.60 Commercial Zone – Highway (CH)

The planning commission may grant or deny a conditional use permit in accordance with the procedure and provisions set forth in Chapter 18.155 TMC. The following uses permitted conditionally in the CH zone meet the description and purpose set forth in Chapter 18.155 TMC:

A. Drive-in, drive-up or drive-through facilities.

18.65 Commercial Zone – Interchange (CI)

The planning commission may grant or deny a conditional use permit in accordance with the procedure and provisions set forth in Chapter 18.155 TMC.

A. Buildings over two and one-half stories or 30 feet in height, whichever is the lesser.

18.45.010 Description and purpose.

The neighborhood commercial zone (CN) is intended to create, preserve and enhance areas of retail establishments serving frequently recurring needs for goods and services in convenient locations. This commercial zone is typically appropriate to small shopping clusters or integrated shopping centers in developments of one-third to one acre within residential neighborhoods. Facilities should be oriented to serve residents’ commercial service needs, to strengthen neighborhood interaction and a rural character, to minimize the need for automobile trips and to make commercial services more readily available to senior citizens, families with only one car, and others who could walk or ride a bicycle to these facilities. These areas should be located adjacent to collector or arterial streets. [Ord. 817 § 8-3D.110, 2006.]

18.45.020 Buildings and uses permitted subject to Type I permit review.

No building, structure or land shall be used, and no building or structure shall be hereafter erected, enlarged or structurally altered, except for the fol- lowing uses, none of which shall include drive-in, drive-up or drive-through facilities:

A. Existing residential uses, without any increase in density.

B. Dwelling units, provided the units are above stores or offices and the ground floor is devoted entirely to business permitted in this chapter.

C. Use of existing structures for the permitted uses listed in TMC 18.45.030 and 18.45.040, where all the provisions of this title and any amendment thereto are met.

D. Uses customarily incidental to the above uses, including the usual accessory buildings and structures provided in the low-density residential zones. [Ord. 817 § 8-3D.120, 2006.]

18.45.030 Buildings and uses subject to Type II site development plan review.

No building or structure shall be hereafter erected, enlarged or structurally altered; neither shall any land be developed, except for the following uses, none of which shall include drive-in, drive-up or drive-through facilities. Further, the following uses are permitted subject to the provisions of Chapter 18.150 TMC:

A. Retail stores (excluding sales of medical or recreational marijuana by producers, wholesalers, processors and retail outlets), shops and offices supplying commodities or performing services for residents of the surrounding community, such as food stores, bakeries (retail), drug or variety stores, and hardware stores.

B. Repair and maintenance service of the types of goods to be found in the above-mentioned retail trade establishments, provided such service is performed wholly within an enclosed building.

C. Professional, financial and business offices, and personal service establishments such as beauty and barber shops, laundromats, cleaning agencies (provided the equipment used for cleaning shall be a type of unit using nonflammable cleaning solvent), shoe repair shops, and tailor or dress-making shops.

D. Restaurants, cafes and soda fountains.

E. Medical or dental clinics or medical laboratories.

F. Wireless communication antennas subject to the provisions of TMC 18.130.010.

G. Other uses similar to those listed above, where permitted by the planning commission after written application.

H. Uses customarily incidental to the above uses, including the usual accessory buildings and structures provided in the low-density residential zones. [Ord. 817 § 8-3D.130, 2006.]

18.45.040 Buildings and uses permitted subject to Type III site development plan review.

No building or structure shall be hereafter erected, enlarged, or structurally altered; neither shall any land be developed except for the following uses and buildings which are permitted, none of which shall include drive-in, drive-up or drive-through facilities. Further, the following uses are subject to the provisions of Chapter 18.150 TMC and TMC 18.190.050. The following uses are those that, although permissible, contain certain characteristics that can impact nearby properties. The purpose of the public hearing is to obtain points of view and suggestions from persons owning property within 250 feet of a proposed use, or their representatives, as to the best methods to perform or develop the use.

A. Community meeting buildings, fraternal and social organizations.

B. Utility substations.

C. Churches.

D. Bins or containers along streets used for temporary storage of garbage or material for recycling.

E. Public and semi-public buildings essential to the physical welfare of the area, such as fire and police substations, libraries, substations, pump stations and reservoirs; provided, that each side yard on an interior lot shall be a minimum of 20 percent of the property width but no less than 10 feet.

F. Other buildings or uses similar to those listed above, or under TMC 18.45.020 or 18.45.030, where permitted by the planning commission after written application. [Ord. 817 § 8-3D.140, 2006.]

18.45.050 Buildings and uses permitted subject to conditional use review.

The planning commission may grant or deny a conditional use permit in accordance with the procedure and provisions set forth in Chapter 18.155 TMC. The following uses permitted conditionally in the CN zone meet the description and purpose set forth in Chapter 18.155 TMC:

A. Passenger terminals (bus or rail).

B. Temporary medical hardship, subject to the supplemental provisions of TMC 18.155.070(B).

C. Buildings over two and one-half stories or 30 feet in height, whichever is the lesser.

D. Wireless communication towers.

E. Other buildings or uses that the planning commission determines to be similar to other uses permitted conditionally in the CN zone. [Ord. 817 § 8-3D.150, 2006.]

18.45.060 Yard regulations.

A. Front Yard. The front yard shall have a depth of not less than 10 feet, including a parking setback of not less than 10 feet; except when abutting a lot in a residential zone, and then the front yard and parking setback shall conform to the front yard requirement of the residential zone.

B. Side Yard.

1. No side yard is required between commercially zoned properties.

2. When abutting a lot in a residential zone, there shall be a minimum side yard of 10 feet.

3. A side yard abutting a street and/or alley shall have a depth of not less than 10 feet.

C. Rear Yard. No rear yard is required between commercially zoned properties; when abutting a lot in a residential zone, there shall be a rear yard of not less than 10 feet.

D. Existing Residential Uses. For existing residential structures or uses, setbacks in conformance with the medium-density single-family residential (RS-7) zone shall apply. [Ord. 817 § 8-3D.160, 2006.]

18.45.070 Lot area and dimensions.

For existing residential uses, the minimum lot sizes of the high-density residential zone shall apply. For dwelling units above the ground floor of a business, there shall be a minimum of 1,200 square feet of total lot area for each dwelling unit. For all other permitted uses, there shall be no minimum lot size or lot width. [Ord. 817 § 8-3D.170, 2006.]

18.45.080 Lot coverage restrictions.

In the CN zone there shall be no lot coverage restrictions except as provided in the yard setback and off-street parking regulations. [Ord. 817 § 8-3D.180, 2006.]

18.45.090 Parking and loading requirements.

A. Off-street loading spaces shall be provided as prescribed in Chapter 18.110 TMC. Off-street parking spaces adequate to serve commercial establishments shall be made available, but may be provided on a district-wide or joint-use basis rather than adjacent to each commercial use. If adequate public or commercial parking areas are not available, the individual business shall be responsible for providing adequate off-street parking in conformance with the requirements of Chapter 18.110 TMC.

B. On-site parking is prohibited between the building and the street, with the exception of sites with three or more frontages. Access to parking lots shall be from alleys wherever possible. [Ord. 817 § 8-3D.190, 2006.]

18.45.100 Landscaping, fences, walls and signs.

All required landscaped areas shall be installed in accordance with Chapter 18.105 TMC. Fences, walls, hedges and screen plantings shall be permitted in accordance with Chapter 18.105 TMC. Signs shall be permitted and in conformance with Chapter 18.120 TMC. [Ord. 918 § 3 (Exh. A), 2016; Ord. 817 § 8-3D.195, 2006.]

18.45.110 Buffering.

When a development or use is proposed on property within the CN zone which abuts or is adjacent to a conflicting land use zone or an incompatible but permitted use within the same zone, the planning commission shall require a buffer in accordance with TMC 18.105.050. [Ord. 918 § 3 (Exh. A), 2016; Ord. 817 § 8-3D.196, 2006.]

18.50.010 Description and intent.

The central business district (CBD) zone shall serve as the hub of government, public services and social activities; shall permit retail trade, personal and business services; and shall include residential uses to strengthen and enliven the community core. The CBD shall be pedestrian oriented and shall highlight and incorporate historic places and structures, parks and public transit facilities and opportunities. [Ord. 817 § 8-3D.210, 2006.]

18.50.020 Buildings and uses permitted subject to Type I permit review.

No building, structure or land shall be used, and no building or structure shall be hereafter erected, enlarged or structurally altered, except for the following uses, none of which shall include drive-in, drive-up, or drive-through facilities:

A. Existing residential uses, without any increase in density, or any expansion of use, floor area or improvements.

B. Dwelling units, provided the units are above nonresidential uses and the ground floor is devoted entirely to a commercial use or uses permitted in this chapter. One dwelling unit is allowed at ground level behind a nonresidential use, and cannot exceed 50 percent of the total ground floor space of buildings on the parcel.

C. Use of existing structures for the permitted uses listed in TMC 18.50.030 and 18.50.040, where all the provisions of this title and any amendment thereto are met.

D. Uses and structures customarily incidental to the above uses, including the usual accessory buildings and structures provided in the low- and medium-density residential zones.

E. Paving, surfacing, or resurfacing of existing parking lots subject to city staff review for conformance with the provisions of Chapter 18.110 TMC. If a question arises as to conformance with said provisions, the city planner shall subject the project to a site plan review without a public hearing. [Ord. 817 § 8-3D.220, 2006.]

18.50.030 Buildings and uses subject to Type II site development plan review.

No structure shall be erected, enlarged or structurally altered, nor shall land be developed, except for the following uses or structures, which shall not include drive-in, drive-through or drive-up facilities. The following uses are permitted subject to the provisions of Chapter 18.150 TMC and review by the planning department:

A. Any use permitted subject to site plan review without a required public hearing in the neighborhood commercial zone (CN).

B. Retail stores (excluding sales of medical or recreational marijuana by producers, wholesalers, processors and retail outlets) and offices; personal, business and repair services, not including automotive repair. Such uses may not exceed 6,000 square feet. Automotive parts and sales are permitted; provided, that the activity happens fully within enclosed buildings.

C. Eating and drinking establishments (which may include entertainment) not exceeding 6,000 square feet.

D. Churches and other religious institutions not exceeding 6,000 square feet.

E. Guest lodging, not exceeding 10 rooms.

F. Performing arts theaters and motion picture theaters (not including drive-ins), not exceeding 6,000 square feet.

G. Public and commercial off-street parking lots or structures, not exceeding 200 parking spaces.

H. Wireless communication antennas subject to the provisions of TMC 18.130.010.

I. Other uses similar to those listed above, where permitted by the city planner after written application. Where there is question as to similarity, the planner shall refer the matter to the planning commission for a determination.

J. Uses and structures customarily incidental to the above uses.

K. Live-work units. [Ord. 817 § 8-3D.230, 2006.]

18.50.040 Buildings and uses permitted subject to Type III site development plan review.

No structure shall be erected, enlarged or structurally altered, nor shall land be developed, except for the following uses or structures, which shall not include drive-in, drive-through or drive-up facilities. The following uses are permitted subject to the provisions of Chapter 18.150 TMC and review by the planning commission in a public hearing. Although permitted, the following uses have characteristics that may negatively impact nearby properties:

A. Any use permitted subject to site plan review with a required public hearing in the neighborhood commercial zone (CN), excluding utility substations.

B. Any use listed in TMC 18.50.030 that exceeds the listed size/capacity threshold.

C. Craft manufactory and retail, provided the structure housing the manufactory is sound and suitable for the intended use (refer to definition in Chapter 18.15 TMC for further information).

D. Public parks, playgrounds and other similar publicly owned recreational areas.

E. Passenger terminals for bus or rail.

F. Public and semi-public buildings essential to the physical welfare of the area, such as fire and police substations, libraries, and government offices. Such uses, which may be developed in campus-like settings, are exempt from the dimensional requirements of the zone, except for parking lot setbacks.

G. Other uses similar to those listed above, or under TMC 18.50.020 or 18.50.030, where permitted by the planning commission after written application.

H. Uses and structures customarily incidental to the above uses. [Ord. 817 § 8-3D.240, 2006.]

18.50.050 Buildings and uses permitted subject to conditional use review.

The planning commission may grant or deny a conditional use permit in accordance with the procedure and provisions set forth in Chapter 18.155 TMC.

A. Any uses permitted conditionally in the neighborhood commercial zone (CN).

B. Brewery, distillery, or winery not exceeding 6,000 square feet (pub or tasting room required).

C. Commercial or trade schools.

D. Wireless communication towers.

E. Buildings over two and one-half stories or 30 feet in height, whichever is the lesser. Buildings more than 30 feet in height are permitted only if they include residential uses.

1. The maximum height allowed through conditional use review is 40 feet. The proposed building must include site design and architectural elements such that it is compatible with the small town character of Talent. Building elements to be considered include, but are not limited to, size, proportion, massing, articulation, detailing and location. Landscaping, buffering, fencing and similar elements may also be considered, but not as the only method of ensuring compatibility.

F. Temporary uses.

G. Pump stations and water reservoirs.

H. Other buildings or uses that the planning commission determines to be similar to other uses permitted conditionally in the CBD zone. [Ord. 817 § 8-3D.250, 2006.]

18.50.060 Yard regulations.

A. Front Yard.

1. Minimum: zero feet.

2. Maximum: 10 feet for no more than 50 percent of the ground-floor width.

3. Parking lots: 10 feet, which shall be landscaped to provide screening.

B. Side Yard.

1. Minimum: zero feet.

2. Maximum: 10 feet for no more than 50 percent of the ground-floor width on street-facing sides; 10 feet on alley-facing sides.

3. Parking lots: 10 feet, which shall be landscaped to provide screening.

C. Rear Yard. No rear yard is required between commercially zoned properties.

D. General Provision Applying to All Setbacks. Where public utility or similar easements exist on or across property lines, setbacks shall be measured from the lot-interior edge of the easement.

E. Adjacency to Residential Zones. Where lots abut residentially zoned lots, all setbacks shall be 20 feet on the side(s) abutting said lots. This includes front setbacks in order to provide a transition.

F. Exceptions to setback provisions shall be made and shall be required on corner lots where vision clearance for automobiles would be impaired by strict observance of the provisions. [Ord. 817 § 8-3D.260, 2006.]

18.50.070 Lot area and dimensions.

For dwelling units above the ground floor of a business, there shall be a minimum of 1,200 square feet of total lot area for each dwelling unit. For all other permitted uses, there shall be no minimum lot size or lot width. [Ord. 817 § 8-3D.270, 2006.]

18.50.080 Lot coverage restrictions.

In the CBD zone there shall be no lot coverage restrictions except as provided in the yard setback and off-street parking regulations. [Ord. 817 § 8-3D.280, 2006.]

18.50.090 Parking and loading requirements.

A. Off-street loading spaces shall be provided as prescribed in Chapter 18.110 TMC. Off-street parking spaces adequate to serve commercial establishments shall be made available, but may be provided on a district-wide or joint use basis rather than adjacent to each commercial use. If adequate public or commercial parking areas are not available, the individual business shall be responsible for providing adequate off-street parking in conformance with the requirements of Chapter 18.110 TMC.

B. On-site parking is prohibited between the building and the street, with the exception of sites with three or more frontages. Access to parking lots shall be from alleys wherever possible. [Ord. 817 § 8-3D.290, 2006.]

18.50.100 Landscaping, fences, walls and signs.

All required landscaped areas shall be installed in accordance with Chapter 18.105 TMC. Fences, walls, hedges and screen plantings shall be permitted in accordance with Chapter 18.105 TMC. In all cases, and at all times, they shall not exceed four feet in height within front and street-side yards. Signs shall be permitted in accordance with Chapter 18.120 TMC. [Ord. 918 § 3 (Exh. A), 2016; Ord. 817 § 8-3D.295, 2006.]

18.50.110 Buffering.

When a development or use is proposed on property within the CBD zone which abuts or is adjacent to a conflicting land use zone or an incompatible but permitted use within the same zone, the planning commission shall require a buffer in accordance with TMC 18.105.050. The planning commission may waive buffering that would otherwise be required by TMC 18.105.050(B) if it finds that the need to fulfill the intent of the CBD zone outweighs the need for buffering. [Ord. 918 § 3 (Exh. A), 2016; Ord. 817 § 8-3D.296, 2006.]

18.55.010 Description and intent.

Akin to the CBD zone, the highway central business district (CBH) zone shall serve as the hub of government, public services and social activities; shall permit retail trade, personal and business services; and shall include residential uses to strengthen and enliven the community core. The CBH zone shall be developed with full accommodation for all travel modes, but will tend to be more automobile oriented than the CBD zone. [Ord. 817 § 8-3D.310, 2006.]

18.55.020 Buildings and uses permitted subject to Type I permit review.

No building, structure or land shall be used, and no building or structure shall be hereafter erected, enlarged or structurally altered, except for the following uses, none of which shall include drive-in, drive-up, or drive-through facilities:

A. Existing residential uses, without any increase in density, or any expansion of use, floor area or improvements.

B. Use of existing structures for the permitted uses listed in TMC 18.55.030 and 18.55.040, where all the provisions of this title and any amendment thereto are met.

C. Uses customarily incidental to the above uses.

D. Paving, surfacing, or resurfacing of existing parking lots subject to city staff review for conformance with the provisions of Chapter 18.110 TMC. If a question arises as to conformance with said provisions, the city planner shall subject the project to a site plan review without a public hearing. [Ord. 817 § 8-3D.320, 2006.]

18.55.030 Buildings and uses subject to Type II site development plan review.

No structure shall be erected, enlarged or structurally altered, nor shall land be developed, except for the following uses or structures, which shall not include drive-in, drive-through or drive-up facilities. The following uses are permitted subject to the provisions of Chapter 18.150 TMC and review by the planning department:

A. Any use permitted subject to site plan review without a required public hearing in the neighborhood commercial zone (CN) and central business district (CBD).

B. Retail stores (excluding sales of medical or recreational marijuana by producers, wholesalers, processors and retail outlets) and offices; personal, business and repair services.

C. Eating and drinking establishments (which may include entertainment).

D. Churches and other religious institutions.

E. Performing arts theaters and motion picture theaters (not including drive-ins).

F. Public and commercial off-street parking lots or structures.

G. Wireless communication antennas subject to the provisions of TMC 18.130.010.

H. Other uses similar to those listed above, where permitted by the city planner after written application.

I. Uses customarily incidental to the above uses.

J. Live-work units. [Ord. 817 § 8-3D.330, 2006.]

18.55.040 Buildings and uses permitted subject to Type III site development plan review.

No structure shall be erected, enlarged or structurally altered, nor shall land be developed, except for the following uses or structures, which shall not include drive-in, drive-through or drive-up facilities. The following uses are permitted subject to the provisions of Chapter 18.150 TMC and review by the planning commission in a public hearing. Although permitted, the following uses have characteristics that may negatively impact nearby properties:

A. Any use permitted subject to site plan review with a required public hearing in the neighborhood commercial zone (CN) and CBD zone, except that utility substations are not permitted in the CBH zone.

B. Public parks, playgrounds and other similar publicly owned recreational areas.

C. Craft manufactory and retail, provided the structure housing the manufactory is sound and suitable for the intended use (refer to definition in Chapter 18.15 TMC for further information).

D. Passenger terminals for bus or rail.

E. Public and semi-public buildings essential to the physical welfare of the area, such as fire and police substations, libraries.

F. Other uses similar to those listed above, or under TMC 18.55.020 or 18.55.030, where permitted by the planning commission after written application.

G. Uses customarily incidental to the above uses.

H. Civic center buildings and other buildings of a public service nature.

I. Multifamily Housing. In the CBH zone, multifamily housing is allowed on both the ground level and upper levels, provided total ground level area in housing is less than 50 percent of the parcel’s gross area and commercial storefronts are provided along the street frontage. [Ord. 817 § 8-3D.340, 2006.]

18.55.050 Buildings and uses permitted subject to conditional use review.

The planning commission may grant or deny a conditional use permit in accordance with the procedure and provisions set forth in Chapter 18.155 TMC.

A. Automobile service stations.

B. Commercial amusement establishments, including bowling alleys, pool halls, or similar amusements.

C. Craft manufactory and retail uses with more than 15 employees at any one time.

D. Brewery, distillery, or winery not exceeding 6,000 square feet (pub or tasting room required).

E. Contractor offices and storage yards.

F. Retail and wholesale business and service establishments providing home furnishings, drapery and floor coverings; nursery supplies; retail lumber, paint and wallpaper; plumbing, heating and electrical sales or service and retail sales of medical and recreational marijuana.

G. Guest lodging.

H. Commercial or trade schools.

I. Buildings over two and one-half stories or 30 feet in height, whichever is the lesser. Only residential units are permitted above 30 feet in height.

1. The maximum height allowed through conditional use review is 40 feet. The proposed building must include site design and architectural elements such that it is compatible with the small town character of Talent. Building elements to be considered include, but are not limited to, size, proportion, massing, articulation, detailing and location. Landscaping, buffering, fencing and similar elements may also be considered, but not as the only method of ensuring compatibility.

J. Drive-in, drive-up and drive-through facilities.

K. Temporary uses.

L. Pump stations and water reservoirs.

M. Wireless communication towers.

N. Other buildings or uses that the planning commission determines to be similar to other uses permitted conditionally in the CBH zone. [Ord. 817 § 8-3D.350, 2006.]

18.55.060 Yard regulations.

A. Front Yard.

1. Minimum: zero feet.

2. Maximum: 10 feet for no more than 50 percent of the ground-floor width.

3. Parking lots: 10 feet, which shall be landscaped to provide screening.

B. Side Yard.

1. Minimum: zero feet.

2. Maximum: 10 feet for no more than 50 percent of the ground-floor width on street-facing sides; 10 feet on alley-facing sides.

3. Parking lots: 10 feet, which shall be landscaped to provide screening.

C. Rear Yard. No rear yard is required between commercially zoned properties.

D. General Provision Applying to All Setbacks. Where public utility or similar easements exist on or across property lines, setbacks shall be measured from the lot-interior edge of the easement.

E. Adjacency to Residential Zones. Where lots abut residentially zoned lots, all setbacks shall be 20 feet on the side(s) abutting said lots. This includes front setbacks in order to provide a transition.

F. Exceptions to setback provisions shall be made and shall be required on corner lots where vision clearance for automobiles would be impaired by strict observance of the provisions. [Ord. 817 § 8-3D.360, 2006.]

18.55.070 Lot area and dimensions.

For dwelling units above the ground floor of a business, there shall be a minimum of 1,200 square feet of total lot area for each dwelling unit. For all other permitted uses, there shall be no minimum lot size or lot width. [Ord. 817 § 8-3D.370, 2006.]

18.55.080 Lot coverage restrictions.

In the CBH zone there shall be no lot coverage restrictions except as provided in the yard setback and off-street parking regulations. [Ord. 817 § 8-3D.380, 2006.]

18.55.090 Parking and loading requirements.

A. Off-street parking and loading spaces shall be provided as prescribed in Chapter 18.110 TMC without exception and despite the exclusion provision found in TMC 18.110.050.

B. On-site parking is prohibited between the building and the street, with the exception of sites with three or more frontages. [Ord. 817 § 8-3D.390, 2006.]

18.55.100 Landscaping, fences, walls and signs.

All required landscaped areas shall be installed in accordance with Chapter 18.105 TMC. Fences, walls, hedges and screen plantings shall be permitted in conformance with Chapter 18.105 TMC. In all cases, and at all times, they shall not exceed four feet in height within front and street-side yards. Signs shall be permitted in accordance with Chapter 18.120 TMC. [Ord. 918 § 3 (Exh. A), 2016; Ord. 817 § 8-3D.395, 2006.]

18.55.110 Buffering.

When a development or use is proposed on property within the CBH zone which abuts or is adjacent to a conflicting land use zone or an incompatible but permitted use within the same zone, the planning commission shall require a buffer in accordance with TMC 18.105.050. The planning commission may waive buffering that would otherwise be required by TMC 18.105.050 if it finds that the need to fulfill the intent of the CBH zone outweighs the need for buffering. [Ord. 918 § 3 (Exh. A), 2016; Ord. 817 § 8-3D.396, 2006.]

18.60.010 Description and purpose.

The highway commercial zone (CH) (formerly retail-wholesale commercial, C3) is intended to accommodate businesses and trade oriented toward automobile and truck usage. Tourist trade and heavy commercial or light industrial uses can also be accommodated in this zone. The zone is best located along arterial streets, and, due to its exposure, high appearance standards are important. Uses permitted in this zone are frequently incompatible with pedestrian-oriented areas such as the central business district zones CBD and CBH. [Ord. 817 § 8-3D.410, 2006.]

18.60.020 Buildings and uses permitted subject to Type I permit review.

No building, structure or land shall be used, and no building or structure shall be hereafter erected, enlarged or structurally altered, except for the following uses, none of which shall include drive-in, drive-up or drive-through facilities:

A. Existing residential uses, without any increase in density.

B. Dwelling units, provided the units are above stores or offices and the ground floor is devoted entirely to business permitted in this chapter.

C. Use of existing structures for the permitted uses listed in TMC 18.60.030 and 18.60.040, where all the provisions of this title and any amendment thereto are met.

D. Uses customarily incidental to the above uses, including the usual accessory buildings and structures provided in the low-density residential zones.

E. Paving, surfacing, or resurfacing of existing parking lots subject to city staff review for conformance with the provisions of this title. If a question arises as to conformance with the provisions of this title, the staff advisor shall subject the project to a site development plan review without a public hearing. [Ord. 817 § 8-3D.420, 2006.]

18.60.030 Buildings and uses subject to Type II site development plan review.

No building, structure or land shall be used, and no building or structure shall be hereafter erected, enlarged or structurally altered; neither shall any land be developed, except for the following uses, none of which shall include drive-in, drive-up or drive-through facilities. Further, the following uses are permitted subject to the provisions of Chapter 18.150 TMC:

A. Any use permitted subject to site development plan review without a required public hearing in the highway central business district zone (CBH), except civic center buildings or other buildings of a public service nature.

B. Automobile parts sales, automobile repair and servicing, tire sales and service.

C. Automobile, boat, trailer and motorcycle sales.

D. Equipment sales, service, rental and repair.

E. Commercial recreation facilities such as bowling alleys, skating rinks and dance halls.

F. Retail (excluding sales of medical or recreational marijuana by producers, wholesalers, processors and retail outlets) and wholesale business and service establishments providing home furnishings; nursery supplies; retail lumber, paint and wallpaper; plumbing, heating and electrical sales and service; drapery, floor covering and tile sales.

G. Veterinary clinics and hospitals operated entirely within an enclosed building.

H. Places for public assembly such as churches, meeting halls, auditoriums, lodges, clubs, fraternal organizations and mortuaries.

I. Feed and fuel stores.

J. Automobile service stations.

K. Storage buildings for household goods and private vehicles.

L. Wireless communication antennas subject to the provisions of TMC 18.130.010.

M. Other uses similar to those listed above, where permitted by the planning commission after written application.

N. Uses customarily incidental to the above uses, including the usual accessory buildings. [Ord. 817 § 8-3D.430, 2006.]

18.60.040 Buildings and uses permitted subject to Type III site development plan review.

No building or structure shall be hereafter erected, enlarged, or structurally altered; neither shall any land be developed except for the following uses or buildings which are permitted, none of which shall include drive-in, drive-up or drive-through facilities. Further, the following uses are subject to the provisions of Chapter 18.150 TMC and TMC 18.190.050. The following uses are those that, although permissible, contain certain characteristics that can impact nearby properties. The purpose of the public hearing is to obtain points of view and suggestions from persons owning property within 250 feet of a proposed use, or their representatives, as to the best methods to perform or develop the use.

A. Any use permitted subject to site development plan review with a required public hearing in the CBH zone.

B. Commercial or trade schools.

C. Motels.

D. Tanks for storage or redistribution of fuel or recyclable material.

E. Other uses similar to those listed above, or under TMC 18.60.020 or 18.60.030, where permitted by the planning commission after written application.

F. Uses customarily incidental to the above uses, including the usual accessory buildings and structures provided for in the low-density residential zones. [Ord. 817 § 8-3D.440, 2006.]

18.60.050 Buildings and uses permitted subject to conditional use review.

The planning commission may grant or deny a conditional use permit in accordance with the procedure and provisions set forth in Chapter 18.155 TMC. The following uses permitted conditionally in the CH zone meet the description and purpose set forth in Chapter 18.155 TMC:

A. Drive-in, drive-up or drive-through facilities.

B. Wholesale establishments other than those listed above.

C. Brewery, distillery, or winery (with or without pub or tasting room).

D. Retail sales of medical or recreational marijuana.

E. Overnight recreation vehicle parks.

F. Caretaker or watch person dwelling on the premises of a nonresidential use.

G. Drive-in theater, golf driving range.

H. Public utility buildings and structures.

I. Automobile wrecking yards.

J. Temporary medical hardship, subject to the supplemental provisions of TMC 18.155.070.

K. Buildings over two and one-half stories in height or 30 feet in height, whichever is the lesser.

L. Light manufacturing, assembly, fabricating or packaging of products from materials such as cloth, plastic, paper, fiberglass, leather, precious or semi-precious metals or stones, subject to the provisions and requirements of the IL zone.

M. Manufacture of electric, electronic or optical instruments or devices, subject to the provisions and requirements of the IL zone.

N. Manufacture of food products, pharmaceuticals, and the like, but not including the production of fish, meat or fermented foods such as vinegar, or the rendering of fats and oils, subject to the provisions and requirements of the IL zone.

O. Scientific research or experimental development of materials, methods or products, including engineering and laboratory research, subject to the provisions and requirements of the IL zone.

P. Light fabrication and repair shops such as blacksmith, cabinet, electric motor, heating, machine, sheet metal, stone monuments, upholstery, welding, auto body and auto and truck repair, subject to the provisions and requirements of the IL zone.

Q. Mobile home sales business.

R. Adult business as defined in Chapter 18.15 TMC.

S. Wireless communication towers. [Ord. 817 § 8-3D.450, 2006.]

18.60.060 Yard regulations.

A. Front Yard. The front yard shall have a depth of not less than 10 feet, including parking lots and internal access drives.

B. Side Yard.

1. No side yard is required between commercially zoned properties.

2. When abutting a lot in a residential zone, there shall be minimum side yard of 10 feet.

3. A side yard abutting a street and/or alley shall have a depth of not less than 10 feet.

C. Rear Yard. No rear yard is required between commercially zoned properties; when abutting a lot in a residential zone, there shall be a rear yard of not less than 10 feet. No structural improvements except road surfacing shall be allowed within 10 feet of the centerline of an alley.

D. Existing Residential Uses. For existing residential uses or structures, setbacks in conformance with the RS-7 residential zone shall apply.

E. Exceptions to setback provisions shall be made and shall be required on corner lots where vision clearance for automobiles would be impaired by strict observance of the provisions. [Ord. 817 § 8-3D.460, 2006.]

18.60.070 Lot area and dimensions.

In the CH zone, the minimum lot area shall be 6,000 square feet. The minimum lot width shall be 60 feet and the minimum lot depth shall be 100 feet. [Ord. 817 § 8-3D.470, 2006.]

18.60.080 Lot coverage restriction.

In the CH zone there shall be no lot coverage restrictions except as provided in the yard setback and off-street parking regulations. [Ord. 817 § 8-3D.480, 2006.]

18.60.090 Parking and access requirements.

Off-street parking and loading spaces and access shall be provided as prescribed in Chapters 18.110 and 18.115 TMC. [Ord. 817 § 8-3D.490, 2006.]

18.60.100 Landscaping, fences, walls and signs.

All required landscaped areas shall be installed in accordance with Chapter 18.105 TMC. Fences, walls, hedges and screen plantings shall be permitted in accordance with Chapter 18.105 TMC. Signs shall be permitted and in conformance with Chapter 18.120 TMC. [Ord. 918 § 3 (Exh. A), 2016; Ord. 817 § 8-3D.495, 2006.]

18.60.110 Buffering.

When a development or use is proposed on property within the CH zone which abuts or is adjacent to a conflicting land use zone or an incompatible but permitted use within the same zone, the planning commission shall require a buffer in accordance with TMC 18.105.050.

The planning commission may waive buffering that would otherwise be required by TMC 18.105.050 if it finds that the need to fulfill the intent of the CH zone outweighs the need for buffering. [Ord. 918 § 3 (Exh. A), 2016; Ord. 817 § 8-3D.496, 2006.]

18.65.010 Description and purpose.

The interchange commercial zone (CI) is intended to provide a location for freeway user and tourist-oriented commercial development to serve the traveling public at or near freeway interchanges. Due to the area’s exposure to the traveling public and location as a major entrance into Talent, high appearance standards are important. [Ord. 817 § 8-3D.510, 2006.]

18.65.020 Buildings and uses permitted subject to Type I permit review.

No building, structure or land shall be used, and no building or structure shall be hereafter erected, enlarged or structurally altered, except for the following uses, none of which shall include drive-in, drive-up, or drive-through facilities:

A. Existing residential uses, without any increase in density.

B. Dwelling units, provided the units are above stores or offices and the ground floor is devoted entirely to business permitted in this chapter.

C. Use of existing structures for the permitted uses listed in TMC 18.65.030 and 18.65.040, where all provisions of this title, and any amendment thereto, are met.

D. Uses customarily incidental to the above uses, including the usual accessory buildings and structures provided in the low-density residential zones.

E. Paving, surfacing, or resurfacing of existing parking lots subject to city staff review for conformance with the provisions of this title. If a question arises as to conformance with the provisions of this title, the staff advisor shall subject the project to site development plan review without a public hearing. [Ord. 817 § 8-3D.520, 2006.]

18.65.030 Buildings and uses subject to Type II site development plan review.

No building or structure shall be hereafter erected, enlarged or structurally altered; neither shall any land be developed, except for the following uses, none of which shall include drive-in, drive-up or drive-through facilities. Further, the following uses are permitted subject to the provisions of Chapter 18.150 TMC:

A. Automobile service station.

B. Hotel or motel.

C. Eating and drinking establishments.

D. Gift shops.

E. Public parks.

F. Wireless communication antennas subject to the provisions of TMC 18.130.010.

G. Other uses similar to those listed above, where permitted by the planning commission after written application.

H. Uses customarily incidental to the above uses, including:

1. Necessary or customarily incidental services maintained as a convenience to the traveling public, such as barber shop, beauty shop and dress shop, when carried on in the same building or on the same lot as the service station, gift shop, restaurant, bar, hotel or motel to which they are accessory (excluding sales of medical or recreational marijuana by producers, wholesalers, processors and retail outlets).

2. Any use, building or structure customarily appurtenant to a permitted use, such as incidental storage facilities. [Ord. 817 § 8-3D.530, 2006.]

18.65.040 Buildings and uses permitted subject to Type III site development plan review.

No building or structure shall be erected, enlarged, or structurally altered; neither shall any land be developed except for the following uses and buildings which are permitted, none of which shall include drive-in, drive-up or drive-through facilities. Further, the following uses are subject to the provisions of Chapter 18.150 TMC and TMC 18.190.050. The following uses are those that, although permissible, contain certain characteristics that can impact nearby properties. The purpose of the public hearing is to obtain points of view and suggestions from persons owning property within 250 feet of a proposed use, or their representatives, as to the best methods to perform or develop the use.

A. Overnight recreational vehicle park.

B. Truck stop facilities and repair shops.

C. Buildings and uses of a public works, public service or public utility nature, but not including equipment storage or repair yards, warehouses or related activities.

D. Bins or containers along streets used for temporary storage of garbage or materials for recycling.

E. Other uses similar to those listed above, or under TMC 18.65.020 or 18.65.030, where permitted by the planning commission after written application.

F. Uses customarily incidental to the above uses, including the usual accessory buildings and structures provided in the low-density residential zones. [Ord. 817 § 8-3D.540, 2006.]

18.65.050 Buildings and uses permitted subject to conditional use review.

The planning commission may grant or deny a conditional use permit in accordance with the procedure and provisions set forth in Chapter 18.155 TMC.

A. Buildings over two and one-half stories or 30 feet in height, whichever is the lesser.

B. Drive-in, drive-up or drive-through facilities.

C. Wireless communication towers.

D. Other buildings or uses that the planning commission determines to be similar to other uses permitted conditionally in the CI zone.

E. Recreational vehicle sales as an incidental use in an R.V. park. [Ord. 817 § 8-3D.550, 2006.]

18.65.060 Yard regulations.

The minimum yard regulations may be increased substantially by the planning commission when necessary to comply with buffering requirements.

A. Front Yard. The front yard shall have a depth of not less than 20 feet. All parking spaces on the front of the property shall be set back no less than 20 feet. Front yards shall be landscaped and maintained.

B. Side Yard.

1. No side yard is required between commercially zoned properties.

2. When abutting a lot in a residential zone, there shall be a minimum side yard of 10 feet.

3. When abutting property in an agricultural zone, there shall be a minimum side yard of 20 feet.

4. A side yard abutting a street and/or alley shall have a depth of not less than 10 feet.

C. Rear Yard. No rear yard is required between commercially zoned properties; when abutting a lot in a residential zone, there shall be a rear yard of not less than 10 feet. No structural improvements except road surfacing shall be allowed within 10 feet of the centerline of an alley. When abutting property in an agricultural zone, there shall be a minimum side yard of 20 feet.

D. Existing Residential Uses. For existing residential uses or structures, setbacks in conformance with the RS-7 residential zone shall apply.

E. Exceptions to setback provisions shall be made and shall be required on corner lots where vision clearance for automobiles would be impaired by strict observance of the provisions. [Ord. 817 § 8-3D.560, 2006.]

18.65.070 Lot areas and dimensions.

There shall be no minimum lot area, lot width or lot depth in the commercial interchange zone. [Ord. 817 § 8-3D.570, 2006.]

18.65.080 Lot coverage restrictions.

In the CI zone there shall be no lot coverage restrictions except as provided in the yard setback and off-street parking regulations. [Ord. 817 § 8-3D.580, 2006.]

18.65.090 Parking and access requirements.

Off-street parking and loading spaces and access shall be provided as prescribed in Chapters 18.110 and 18.115 TMC. [Ord. 817 § 8-3D.590, 2006.]

18.65.100 Landscaping, fences, walls and signs.

All required landscaped areas shall be installed in accordance with Chapter 18.105 TMC. Fences, walls, hedges and screen plantings shall be permitted in accordance with Chapter 18.105 TMC. Signs shall be permitted and in conformance with Chapter 18.120 TMC. [Ord. 918 § 3 (Exh. A), 2016; Ord. 817 § 8-3D.595, 2006.]

18.65.110 Buffering.

When a development or use is proposed on property within the CI zone which abuts or is adjacent to a conflicting land use zone or an incompatible but permitted use within the same zone, the planning commission shall require a buffer in accordance with TMC 18.105.050. The planning commission may waive buffering that would otherwise be required by TMC 18.105.050 if it finds that the need to fulfill the intent of the CI zone outweighs the need for buffering. [Ord. 918 § 3 (Exh. A), 2016; Ord. 817 § 8-3D.596, 2006.]