The purpose of the downtown commercial (DC) zone is to provide a concentrated central business district centered on 6th Street (State Highway 730) to encourage development of a pedestrian oriented town center that combines both commercial and public activities and is intended to become a community gathering place. Uses include a mix of civic, retail, service, office and residential uses intended and designed to be pedestrian friendly with buildings close to and oriented toward fronting streets and sidewalks to promote a pleasant window shopping experience. Parking may be provided on a districtwide basis and may include public street parking, rather than having each individual building or use provide parking.

(Ord. No. 799, 11-3-2015)

A.

Types of uses. Within the DC zone, uses are classified as "permitted", "permitted with standards", and "conditional". Further, uses are functionally classified by the description of the particular activity (such as "single-family residence") or by the general category with reference to the "North American Industry Classification System" (NAICS). Permitted and conditional uses shall be of a size and scale to meet the purpose and intent of the DC zone.

B.

North American Industry Classification System (NAICS). Uses functionally classified with reference to the NAICS are described with the NAICS index number. Some activities, otherwise included under the NAICS category, may be specifically excluded by this article. The excluded activity will be placed in the general NAICS category, but identified by the preceding words - "but (or and) excluding". For example, "food store (54), but excluding freezer and locker meat provisioners".

C.

Interpretation of uses. Where a use is not described with reference to the NAICS or otherwise defined in Section 10-1-6 of this title, the words of this zoning ordinance describing such use are to be given their ordinarily accepted meaning, except where the context in which they are used otherwise clearly requires.

D.

Prohibited uses. Uses not specifically identified as permitted, permitted with standards, temporary, or conditionally permitted within the zone, or otherwise allowed through interpretation, shall be considered prohibited uses. A use specifically permitted in one zone, but not another, shall not be interpreted as being permitted in another zone under a different classification.

(Ord. No. 799, 11-3-2015)

The following uses and their accessory uses are permitted in the DC zone subject to the property development standards of the DC zone, and the site plan design review requirements and procedures under Sections 10-4A-7 and 10-4A-8 of this article:

A.

Automotive parts and accessories stores (44131).

B.

Electronic and appliance stores (443).

C.

Specialty food stores (4452).

D.

Pharmacies and drugstores (44611).

E.

Cosmetics, beauty supplies, and perfume stores (44612).

F.

Optical goods (44613).

G.

Food (health) supplement and other health and personal care stores (44619).

H.

Clothing stores (4481).

I.

Shoe stores (4482).

J.

Jewelry, luggage, and leather goods stores (4483).

K.

Sporting goods, hobby, and musical instruments stores (4511).

L.

Bookstores and news dealers (4512).

M.

Miscellaneous store retailers (453) limited to the following:

1.

Florists (4531).

2.

Office supplies, stationery, and gift stores (4532).

3.

Pet and pet supplies stores (45391).

4.

Art dealers (45392).

5.

Tobacco stores (453991).

N.

Information industries - except internet (51).

O.

Finance and insurance (52).

P.

Offices of real estate agents and brokers (5312) and activities related to real estate (5313).

Q.

Consumer goods rental (5322).

R.

Professional, scientific, and technical services (541) limited to the following:

1.

Legal services (5411).

2.

Accounting, tax preparation, bookkeeping and payroll services (5412).

3.

Architecture, engineering, and related services (5413) not including testing lab (54138).

4.

Specialized design services (5414).

5.

Computer systems design and related services (5415).

6.

Management, scientific, and technical consulting services (5416).

7.

Advertising, public relations, and related services (5418).

8.

Marketing research and public opinion polling (54191).

9.

Photographic services (54192).

10.

Translation and interpretation services (54193).

11.

Management of companies and enterprises (551).

S.

Administrative and support services (561) limited to the following:

1.

Office administrative services (5611).

2.

Employment services (5613).

3.

Business support services (5614).

4.

Travel arrangement and reservation services (5615).

5.

Investigation and security services (5616).

T.

Educational services (611) limited to the following:

1.

Business schools and computer and management training (6114).

2.

Fine arts schools (61161).

3.

Sports and recreation instruction (61162).

4.

Language schools (61163).

5.

Educational support services (6117).

U.

Offices of physicians, dentists and other health practitioners (6211, 6212 and 6213).

V.

Social assistance services (624) limited to the following:

1.

Individual and family services (6241).

2.

Vocational rehabilitation services (6243).

W.

Performing arts companies (7111).

X.

Public recreational park, facility or trail, provided:

1.

The site is inventoried in the comprehensive plan for park, trail or other recreational purposes.

2.

Development of the park, facility or trail will be in accordance with an adopted master development plan for the park, facility or trail.

Y.

Restaurants and other eating places* (7225).

*Includes food services where meals are the primary service or attraction provided and which may include beer, wine or other alcoholic beverages that are incidental to meals. May include a portion of the premises that is age restricted due to serving alcoholic beverages that is not separated from view of the remainder of the premises.

Z.

Electronic and precision equipment repair and maintenance (8112).

AA.

Personal care services (8121 - examples include barbershops and beauty salons).

BB.

Dry cleaning and laundry services (8123) except industrial launderers (812332).

CC.

Other personal services (8129) limited to the following:

1.

Pet care (except veterinary) services (81291).

2.

Photofinishing (81292).

DD.

Grant making, civic, professional, and similar organizations (813) but excluding religious organizations (8131).

(Ord. No. 799, 11-3-2015)

The following uses and their accessory uses are permitted in the DC zone subject to the standards listed thereunder, the property development standards of the DC zone, and the site plan design review requirements and procedures under Sections 10-4A-7 and 10-4A-8 of this article, unless otherwise specified for the use.

A.

Residential use, subject to the following:

1.

The use will be situated on the second story or above within a building in which the ground floor is occupied by or readily available solely for commercial use.

2.

Off-street parking requirements meeting city standards are provided for the use separate from those required for ground floor commercial uses.

3.

The residential use will comply with applicable building, fire and other safety codes as mandated by local, state or federal laws.

B.

Drive-through for any use, subject to the following:

1.

A drive-through window or use shall be oriented to the side or rear of a building and shall be designed to minimize conflicts with pedestrians and vehicles.

2.

A drive-through window that uses access from Sixth Street (Highway 730) is allowed only if use of the access for the drive- through window is limited to either ingress or egress.

C.

Creation of a new city, county or state road, or realignment of an existing city, county or state road or any portion thereof and which does not involve a land partition, subject to the following:

1.

The road or realignment complies with applicable street standards, as specified in the comprehensive plan or other implementing ordinances and the City's public works standards, for the existing or intended street classification.

2.

Review for compliance with the requirements under subsection C.1. of this section, shall be subject to the procedures and requirements for a Type III decision.

3.

The use is subject to inspections, as determined by the City Public Works Director, to certify that all improvements have been constructed to city standards.

D.

Specialty trade contractors (238), subject to the following standards:

1.

The use is limited to a maximum of 5,000 square feet.

2.

At least 20 percent of the building area will be used for office use and product display.

3.

There will be no outside storage of materials.

E.

Furniture and home furnishings (442), subject to the following standards:

1.

The use is limited to a maximum of 7,500 square feet.

2.

Loading and unloading of furniture and home furnishings must occur on site, or along a local side street or within an alley.

F.

Building material and supplies dealers (4441) but excluding 44411 - home centers, subject to the following standards:

1.

The use is limited to a maximum of 7,500 square feet.

2.

There will be no outside storage or display of goods or materials.

G.

Beer, wine and liquor stores (4453), subject to the following:

1.

The use will not be located within 500 feet of a school or 200 feet of a designated city park.

H.

General rental centers (5323), subject to the following standards:

1.

The use is limited to a maximum of 5,000 square feet.

2.

There is no outside storage or display of goods or materials.

I.

Veterinary services (54194), subject to the following standards:

1.

The use is limited to small animals on premises.

2.

There shall be no outside boarding of animals.

J.

Alcoholic beverage drinking places* (7224 - examples include pub, tavern, sports bar and nightclub), subject to the following:

*Includes any use where the serving of alcoholic beverages is the primary service or attraction and access to all or any portion of the premises is age restricted by law due to serving alcoholic beverages. The use may include the serving of meals incidentally to the primary use.

1.

The use will not be located within 250 feet of a school.

K.

Personal and household goods repair and maintenance (8114), subject to the following standards:

1.

The use is limited to a maximum of 5,000 square feet.

2.

At least ten percent of the building area is used for office use and customer service.

3.

There is no outside storage of materials.

L.

Local utility distribution facilities (see Section 10-1-6, "Definitions", of this title), subject to the following:

1.

A permit for the proposed distribution line or facility has been obtained from the public works director in accordance with the requirements of Title 7 of this Code, prior to construction.

(Ord. No. 799, 11-3-2015; Ord. No. 856, § 2, 5-3-2022)

The following conditional uses may be permitted in the DC zone subject to the property development standards of the DC zone, the decision criteria and any additional applicable standards in Chapter 12 of this title specific to the use, and the site plan design review requirements and procedures under Sections 10-4A-7 and 10-4A-8 of this article.

The applicant bears the burden of proof for demonstrating, based on factual information and arguments, how the proposed use complies with all standards and decision criteria upon which the Planning Commission must base its decision.

A.

Convenience stores (44512).

B.

General merchandise stores (45299).

C.

Taxi and limousine service (4853).

D.

Postal service (4911).

E.

Couriers and express delivery services (4921).

F.

Local messengers and local delivery (4922).

G.

Architectural, engineering and related services (5413) including testing lab (54138).

H.

Scientific research and development services (5417).

I.

Services to buildings and dwellings (5617).

J.

Technical and trade schools (6115).

K.

Ambulatory healthcare services (621) limited to the following:

1.

Outpatient care centers (6214).

2.

Medical and diagnostic laboratories (6215).

3.

Home healthcare services (6216).

4.

Ambulance services (62191).

5.

Other ambulatory healthcare services (62199).

L.

Community food, housing, emergency and other relief services (6242).

M.

Child daycare services (6244).

N.

Museums, historical sites, and similar institutions (7121).

O.

Arcades (7131).

P.

Other amusement and recreation industries (7139) but excluding 71391, 71393; permitted examples include fitness and recreation sports centers and bowling centers.

Q.

Public recreational park, facility or trail not identified in the comprehensive plan.

R.

Traveler accommodations (72111) but excluding motels (72111) and RV parks and recreational camps (7212).

S.

Parking lots and garages (81293).

T.

Other personal services (81299).

U.

Religious organizations (8131).

V.

Public administration and government facilities and support services (92).

W.

Multi-tenant commercial/office building (see Section 10-1-6, "Definitions", of this title).

X.

Major utility facilities (see Section 10-1-6, "Definitions", of this title).

Y.

Mobile food vendor pods (722330).

(Ord. No. 799, 11-3-2015; Ord. No. 836, 6-4-2019)

Reserved.

(Ord. No. 799, 11-3-2015)

The following property development standards apply to all new developments in the DC zone and are intended to provide a consistent development pattern that ensures a safe, orderly, efficient, economically viable and aesthetically pleasing environment throughout each zone district.

Existing developed properties are expected to meet these requirements to the extent reasonably possible. Similar to findings that demonstrate how a development proposal meets applicable standards, findings shall also justify why a proposal is not able to meet applicable standards for existing developed properties or structures. Cost may be considered, but shall not be the sole determinant if the cost is reasonable within the overall scope of the development proposal.

A.

Basic site development standards.

1.

Minimum lot size and lot width; building setbacks; maximum building height and site coverage.

B.

Site development impact standards.

1.

Traffic impact analysis. A traffic impact analysis meeting the requirements under subsection 10-11-10 C. of this title shall be required to be submitted to the City with a land use application, when the community development director determines that the application involves one or more of the following actions:

a.

A change in zoning or plan amendment designation; or

b.

The proposal is projected to cause one or more of the following effects, which can be determined by field counts, site observation, traffic impact analysis or study, field measurements, crash history, Institute of Transportation Engineers' "Trip Generation Manual"; and information and studies provided by the local reviewing jurisdiction and/or ODOT:

(1)

An increase in site traffic volume generation by 250 average daily trips (ADT) or more (or as required by the City Engineer). The latest edition of the "Trip Generation Manual", published by the Institute of Transportation Engineers (ITE) shall be used as standards by which to gauge average daily vehicle trips; or

(2)

An increase in use of adjacent streets by vehicles exceeding the 20,000 pounds' gross vehicle weight by ten vehicles or more per day; or

(3)

The location of the access driveway does not meet minimum intersection sight distance requirements, or is located where vehicles entering or leaving the property are restricted, or vehicles queue or hesitate, creating a safety hazard; or

(4)

The location of the access driveway does not meet the access spacing standard of the roadway on which the driveway is located; or

(5)

A change in internal traffic patterns that may cause safety problems, such as backup onto the highway or traffic crashes in the approach area.

2.

Floodplain, wetland and riparian areas. See Chapter 7 of this title and Title 12 of this Code. The requirements under Chapter 7 of this title and Title 12 of this Code are triggered when development is proposed within a designated floodplain or riparian area as identified by the official flood insurance rate map (FIRM) prepared by the U.S. Federal Emergency Management Agency (FEMA); or when property contains wetland areas as identified on the National Wetlands Inventory (NWI) map prepared by the U.S. Fish and Wildlife Service (USFWS).

3.

Stormwater surface drainage.

a.

Surface water runoff shall be handled on site through the use of landscaped areas, grassy swales or similar natural features to the extent reasonably feasible. Where surface water runoff cannot be entirely managed on site, adequate provisions shall be made so that runoff will not adversely affect the use of adjoining or downstream properties, unless a drainage easement has been obtained.

b.

Where it is anticipated by the City Public Works Director that the additional runoff resulting from a proposed development will overload an existing drainage facility, the City shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with city standards.

c.

In order to accommodate upstream drainage, culverts and other drainage facilities shall be large enough to accommodate existing and potential future runoff from the entire upstream drainage area, whether inside or outside the development. Such facilities shall be subject to review and approval by the City Public Works Director.

4.

Vehicle access, driveway and circulation standards.

a.

New vehicle access connections. New access connections shall not be permitted within the functional area (see Section 10-1-6, "Definitions", of this title) of an intersection or interchange as defined by the connection spacing standards of this title, the comprehensive plan and public works standards, unless no other reasonable access to the property is available. See also subsection 10-11-4 C. of this title regarding vision clearance areas.

b.

Access connections. Where no other alternative exists, the City may allow construction of an access connection along the property line farthest from the intersection. In such cases, directional connections (i.e., right in/out, right in only, or right out only) may be required.

c.

Cross access drives, pedestrian access. Adjacent commercial or office properties such as shopping plazas and office parks that are major traffic generators shall provide a cross access drive and pedestrian access to allow circulation between sites.

d.

Separation distance. The City may allow a reduction of the required separation distance of access points where they prove impractical, provided all of the following requirements are met:

(1)

Joint access driveways and cross access easements are provided.

(2)

The site plan incorporates a unified access and circulation system.

(3)

The property owner enters into a written agreement with the City, recorded with the deed, that preexisting connections on the site will be closed and eliminated after construction of each side of a joint use driveway.

(4)

The City may modify or waive the requirements of this subsection where the characteristics or layout of abutting properties would make a development of a unified or shared access and circulation system impractical.

e.

Phased developments. Development sites under the same ownership or consolidated for the purpose of development and comprising more than one building site, shall be reviewed as a single property for the purpose of complying with access standards. The number of access points permitted shall be the minimum number necessary to provide reasonable access to the site, not the minimum for that frontage.

f.

Corner lots. Corner lots shall be required to locate motor vehicle accesses on the street with the lower functional classification when feasible provided such access will not be located within the functional area of the intersection. This requirement may be waived or modified when a commercial use would be required to take access from a street in a residential neighborhood.

g.

Nonconforming access features. Legal access connections in place when this title was adopted that do not conform with the standards herein are considered nonconforming features and shall be brought into compliance with applicable standards when new access connection permits are requested or when there is a change in use or enlargement or improvement that will increase trip generation.

5.

Driveway standards.

a.

If the driveway is one-way in or out, the minimum width shall be ten feet and appropriate sign(s) designating the driveway as a one-way connection shall be provided.

b.

For two-way accesses, each lane shall have a minimum width of ten feet. The maximum width for a driveway access, including both lanes, is 35 feet for both lanes.

c.

The length of a driveway shall be designed in accordance with the anticipated storage length of entering and exiting vehicles to prevent vehicles from backing into the flow of traffic on the public street or causing unsafe conflicts with on site circulation.

6.

Utilities. All electrical, telephone and cable television utility service installations or connections made as part of new construction of a building or structure shall be underground in accordance with city standards.

7.

Easements. An applicant should discuss with the city planning official the likelihood that any easement will be required prior to making application. When an easement is required based on findings that justify the easement, the following standards shall apply:

a.

Pedestrian easements. In order to facilitate pedestrian access from streets, lots, or developments to schools, parks, nearby streets, or other developments, an easement no less than ten feet wide with a paved pathway no less than six feet shall be required. Any sight obscuring barrier such as a fence or planting at the edge of the easement shall not exceed three feet in height in order to maintain visibility of the walkway from adjacent properties.

b.

Open space easements. An open space easement may be required over areas in private ownership of the floodplain or areas with unique natural conditions. Such easement shall preclude development of the area when limiting the use of a property is determined to be in the public interest.

c.

General public easements. When topography or other conditions make impractical the location of drainage facilities, sanitary sewer or water lines within the public street right-of-way, an unobstructed easement shall be provided across a property. Easements shall be of sufficient width to safely excavate buried facilities, but generally shall be no less than 15 feet in width.

C.

Special site and building design standards.

1.

Building orientation and architectural features.

a.

Buildings shall have their primary entrances oriented toward the street. On corner lots, building entrances shall face the primary fronting street or the corner. New buildings located on the corner of 6th and I Streets shall be designed with building fronts, which include display windows, facing both 6th Street and I Street.

b.

The primary building shall incorporate ground floor windows along street facades, with at least 20 percent of any wall within 30 feet of a street consisting of display areas, windows or doorways.

c.

Building facades facing a street shall include changes in relief such as cornices, columns, gables, bay windows, recessed entryways, or similar architectural or decorative elements.

d.

Awnings that extend into the right-of-way over the public sidewalk are permitted on commercial buildings. Awnings shall not bisect transom windows.

2.

Off-street parking, loading and unloading. See Chapter 9 of this title for specific design standards for parking spaces and parking areas.

a.

Within the DC zone, off-street parking is not required.

b.

When any new off-street parking is provided, parking areas shall be located behind buildings or to a nonstreet side yard such that buildings separate parking areas from the street.

c.

Existing off-street parking areas between the front or side of a building and the public right-of-way shall be separated from the right-of-way with a minimum 30-inch-wide landscape strip (see landscape requirements).

d.

Parking bumpers shall be set at least six feet from the property/right-of-way line for off-street parking spaces established perpendicular to the right-of-way. Parking bumpers shall be securely fastened to the pavement or ground.

e.

Parking within the street right-of-way along a street side yard shall maintain a six-foot separation from the edge of the right-of-way/property line to allow for a pedestrian walkway. Separation shall be maintained by the use of parking bumpers, an extruded curb or other barrier, as approved by the City Public Works Director. No parking shall be allowed within 20 feet of an intersection or crosswalk.

f.

Loading and/or unloading of truck freight may occur on site, or within an alley or a local side street, but not within the right-of-way of 6th Street.

3.

Bicycle and pedestrian facilities and easements.

a.

Bicycle or pedestrian easements and/or improvements may be required if a portion of the subject property is included in the comprehensive plan as necessary to complete a planned bicycle or pedestrian pathway or trail, or to accommodate a portion thereof; or if findings justify the need to address anticipated impacts from the proposed development.

b.

Developments shall provide an on site pedestrian circulation system that connects building entrances, public sidewalks, bicycle and automobile parking areas, and parts of the site or abutting properties that may attract pedestrians. Walkways shall maintain a clear width of at least five feet and shall be separated from vehicles by curbs, raised bumpers, planter strips or similar barriers. Walkways through parking areas or crossing driveways shall be clearly identified by a different material or pavement markings, or both. Walkways shall be in clearly visible locations to promote safety. Walkways shall be hard surfaced.

4.

Landscaping, lighting and outdoor storage.

a.

When an existing or proposed building sets back five feet or more from a front or street side yard, a minimum 30-inch-wide landscape strip along street frontages and building fronts shall be required to enhance the street appearance of the development and to accommodate surface water runoff from the site.

b.

Landscaping shall include ground cover material such as decorative rock, bark or lawn, and at least two of the following landscape elements: flowers, decorative shrubs, trees, boulders or decorative lighting.

c.

Landscaped areas shall be provided with automatic irrigation unless a letter from a licensed landscape architect is submitted with the landscape plan certifying that the selected landscape plants will survive without irrigation.

d.

Parking areas shall be landscaped as prescribed in subsection 10-9-2 D. of this title.

e.

Lighting may be required on the site, such as between parking areas and buildings or along walkways, based on findings that justify the need to protect the public health, safety or welfare. All on site lighting shall be shielded to prevent off site glare or nuisance to traffic or neighboring properties.

f.

Outdoor storage and garbage collection areas shall be entirely screened with a six-foot-high sight obscuring fence, wall or vegetation. Outdoor storage and garbage collection areas shall not be permitted within a required vision clearance area.

g.

Annual renewal of a business license for a commercial use shall be contingent upon satisfactory maintenance of landscaped areas approved as part of the site plan or conditional use review for the use.

5.

Vision clearance area and fences. See Section 10-11-4 and subsection 10-11-1 B. of this title.

6.

Signs. See Title 8, Chapter 2 of this Code.

(Ord. No. 799, 11-3-2015; Ord. No. 856, § 2, 5-3-2022)

All uses permitted in the DC zone are subject to site plan design review. The purpose of site plan design review is to provide a process to review proposals to verify that compliance with the property development standards of the DC zone under Section 10-4A-7 of this article will be met, along with any other applicable provisions of this Code, or the comprehensive plan.

A.

Permitted uses. In the DC zone, site plan design review for a use permitted outright or for a use permitted subject to standards shall follow the public notice and review procedures in subsections 10-14-2 B. and 10-14-6 B. of this title for a Type II decision, and the notice of decision requirements under Section 10-14-8 of this title.

B.

Conditional uses. Site plan design review shall be incorporated into the Type III review process required for all conditional uses permitted in the DC zone. A Type III decision includes the procedures under subsection 10-14-6 C., and Sections 10-14-7 and 10-14-8 of this title.

C.

Application requirements. An application for site plan design review only, or in conjunction with a conditional use request, shall include the information and materials listed under Section 10-14-4 of this title.

D.

Authority to grant exemption from site plan design review. The city planning official is authorized to exempt a proposed use from the requirements for site plan design review when:

1.

The proposed use is listed in the DC zone as a use permitted outright or as a use permitted subject to standards.

2.

The proposed use is the same type of use as the most recent previous use for the subject property for which site plan design review was approved by the City.

3.

No changes to the zoning regulations or development standards applicable to the proposed use have occurred since the most recent site plan design was approved and the previous use was in full compliance with all conditions of the most recent site plan approval.

4.

The applicant, and property owner if different, acknowledge in writing the terms and conditions of the prior site plan design approval and agree to abide by the terms and conditions of the approval. At the determination of the city planning official, any change to the prior site plan approval that would cause one or more of the current standards or conditions of approval to no longer be met shall require a new site plan design review and approval prior to making the change.

(Ord. No. 799, 11-3-2015)

The purpose of the downtown transitional (DT) zone is to provide for a mix of pedestrian friendly commercial uses and small scale, auto oriented commercial uses. Commercial uses in this zone accommodate pedestrians and meet at least one-half of required parking on site. The DT zone is intended to serve as a transition between pedestrian oriented commercial uses within the central business district (DC zone) and predominantly auto oriented commercial uses extending farther beyond the central business district along Highway 730.

(Ord. No. 799, 11-3-2015)

A.

Types of uses. Within the DT zone, uses are classified as "permitted", "permitted with standards", and "conditional". Further, uses are functionally classified by the description of the particular activity (such as "single-family residence") or by the general category with reference to the "North American Industry Classification System" (NAICS). Permitted and conditional uses shall be of a size and scale to meet the purpose and intent of the DT zone.

B.

North American Industry Classification System (NAICS). Uses functionally classified with reference to the NAICS are described with the NAICS index number. Some activities, otherwise included under the NAICS category, may be specifically excluded by this article. The excluded activity will be placed in the general NAICS category, but identified by the preceding words - "but (or and) excluding". For example, "food store (54), but excluding freezer and locker meat provisioners".

C.

Interpretation of uses. Where a use is not described with reference to the NAICS or otherwise defined in Section 10-1-6 of this title, the words of this zoning ordinance describing such use are to be given their ordinarily accepted meaning, except where the context in which they are used otherwise clearly requires.

D.

Prohibited uses. Uses not specifically identified as permitted, permitted with standards, or conditionally permitted within the zone, or otherwise allowed through interpretation, shall be considered prohibited uses. A use specifically permitted in one zone, but not another, shall not be interpreted as being permitted in another zone under a different classification.

(Ord. No. 799, 11-3-2015)

The following uses and their accessory uses are permitted outright in the DT zone subject to the property development standards of the DT zone, and the site plan design review requirements and procedures under Sections 10-4B-7 and 10-4B-8 of this article:

A.

Automotive parts and accessories stores (44131).

B.

Furniture and home furnishings (442).

C.

Electronic and appliance stores (443).

D.

Paint and wallpaper stores (44412).

E.

Hardware stores (44413).

F.

Specialty food stores (4452).

G.

Beer, wine and liquor stores (4453).

H.

Pharmacies and drugstores (44611).

I.

Cosmetics, beauty supplies, and perfume stores (44612).

J.

Optical goods (44613).

K.

Food (health) supplement and other health and personal care stores (44619).

L.

Clothing stores (4481).

M.

Shoe stores (4482).

N.

Jewelry, luggage, and leather goods stores (4483).

O.

Sporting goods, hobby, and musical instruments stores (4511).

P.

Bookstores and news dealers (4512).

Q.

Miscellaneous store retailers (453) limited to the following:

1.

Florists (4531).

2.

Office supplies, stationery, and gift stores (4532).

3.

Pet and pet supplies stores (45391).

4.

Art dealers (45392).

5.

Tobacco stores (453991).

R.

Information industries - except internet (51); examples include publishing industries, motion picture and sound recording industries, radio and television broadcasting and data processing, hosting and related services.

S.

Finance and insurance (52).

T.

Offices of real estate agents and brokers (5312) and activities related to real estate (5313).

U.

Consumer goods rental (5322).

V.

Professional, scientific, and technical services (541) limited to the following:

1.

Legal services (5411).

2.

Accounting, tax preparation, bookkeeping and payroll services (5412).

3.

Architecture, engineering, and related services (5413) not including testing lab (54138).

4.

Specialized design services (5414).

5.

Computer systems design and related services (5415).

6.

Management, scientific, and technical consulting services (5416).

7.

Advertising, public relations, and related services (5418).

8.

Marketing research and public opinion polling (54191).

9.

Photographic services (54192).

10.

Translation and interpretation services (54193).

11.

Management of companies and enterprises (551).

W.

Administrative and support services (561) limited to the following:

1.

Office administrative services (5611).

2.

Employment services (5613).

3.

Business support services (5614).

4.

Travel arrangement and reservation services (5615).

5.

Investigation and security services (5616).

6.

Services to buildings and dwellings (5617).

X.

Educational services (611) limited to the following:

1.

Business schools and computer and management training (6114).

2.

Technical and trade schools (6115).

3.

Fine arts schools (61161).

4.

Sports and recreation instruction (61162).

5.

Language schools (61163).

6.

Educational support services (6117).

Y.

Offices of physicians, dentists and other health practitioners (6211, 6212 and 6213).

Z.

Medical and diagnostic laboratories (6215) and other ambulatory healthcare services (62199).

AA.

Social assistance services (624) limited to the following:

1.

Individual and family services (6241).

2.

Vocational rehabilitation services (6243).

BB.

Performing arts companies (7111).

CC.

Fitness and recreational sports centers (71394).

DD.

Bowling centers (71395).

EE.

Public recreational park, facility or trail, provided:

1.

The site is inventoried in the comprehensive plan for park, trail or other recreational purposes.

2.

Development of the park, facility or trail will be in accordance with an adopted master development plan for the park, facility or trail.

FF.

Food services and drinking places (722).

GG.

Electronic and precision equipment repair and maintenance (8112).

HH.

Personal and household goods repair and maintenance (8114).

II.

Personal care services (8121); examples include barbershops and beauty salons.

JJ.

Dry cleaning and laundry services (8123) except industrial launderers (812332).

KK.

Other personal services (8129) limited to the following:

1.

Pet care (except veterinary) services (81291).

2.

Photofinishing (81292).

3.

Other personal services (81299).

LL.

Grant making, civic, professional, and similar organizations (813) but excluding religious organizations (8131).

(Ord. No. 799, 11-3-2015)

The following uses and their accessory uses are permitted in the DT zone subject to the standards listed thereunder, the property development standards of the DT zone, and the site plan design review requirements and procedures under Sections 10-4B-7 and 10-4B-8 of this article, unless otherwise specified for the use:

A.

Drive-through for any use, subject to the following standards:

1.

A drive-through window or use shall be oriented to the side or rear of a building and shall be designed to minimize conflicts with pedestrians and vehicles.

2.

A drive-through window that uses access from 6th Street (Highway 730) is allowed only if use of the access from 6th Street for the drive-through window is limited to either ingress or egress.

B.

Creation of a new city, county or state road, or realignment of an existing city, county or state road or any portion thereof and which does not involve a land partition, subject to the following:

1.

The road or realignment complies with applicable street standards, as specified in the comprehensive plan or other implementing ordinances and the City's public works standards, for the existing or intended street classification.

2.

Review for compliance with the requirements under subsection B.1. of this section, shall be subject to the procedures and requirements for a Type III decision.

3.

The use is subject to inspections, as determined by the City Public Works Director, to certify that all improvements have been constructed to city standards.

C.

Specialty trade contractors (238), subject to the following standards:

1.

The use is limited to a maximum of 7,500 square feet.

2.

At least one-third of the building area is used for office use and retail product display.

3.

There is no outside storage of materials.

D.

Other building material dealers (44419), subject to the following standards:

1.

The use is limited to a maximum of 10,000 square feet.

2.

At least 40 percent of the building area is used for office use and retail product display.

E.

Convenience stores (44512), subject to the following standard:

1.

The use is limited to a maximum of 6,000 square feet.

F.

Used merchandise stores (4533), subject to the following standards:

1.

The use is limited to a maximum of 7,500 square feet.

2.

There is no outside storage or display of goods or materials.

G.

Automotive equipment rental and leasing (5321), subject to the following standard:

1.

The use is limited to a maximum of 10,000 square feet including buildings and any outdoor storage of vehicles or other equipment.

H.

General rental centers (5323), subject to the following standards:

1.

The use is limited to a maximum of 7,500 square feet.

2.

There is no outside storage or display of goods or materials.

I.

Veterinary services (54194), subject to the following standards:

1.

The use is limited to the care and treatment of small animals up to 200 pounds on premises.

2.

There is no outside storage of materials or outside containment of animals.

J.

Local utility distribution facilities (see Section 10-1-6, "Definitions", of this title), subject to the following:

1.

A permit for the proposed distribution line or facility has been obtained from the public works director in accordance with the requirements of Title 7 of this Code, prior to construction.

(Ord. No. 799, 11-3-2015)

The following conditional uses are permitted in the DT zone subject to the property development standards of the DT zone, the decision criteria and any additional applicable standards in Chapter 12 of this title specific to the use, and the site plan design review requirements and procedures under Sections 10-4B-7 and 10-4B-8 of this article.

The applicant bears the burden of proof for demonstrating, based on factual information and arguments, how the proposed use complies with all standards and decision criteria upon which the Planning Commission must base its decision.

A.

Residential use on the second floor or above provided ground floor occupied by or readily available solely for commercial use.

B.

Automobile dealers (4411).

C.

Motorcycle, boat, ATV and other motor vehicle dealers (4412) but excluding recreational vehicle dealers (44121).

D.

Tire dealers (44132).

E.

Home centers (44411).

F.

Lawn and garden equipment and supplies stores (4442).

G.

Supermarkets and other grocery stores (44511 - except convenience stores).

H.

Gasoline stations (4471).

I.

General merchandise stores (other - 45299).

J.

Taxi and limousine service (4853).

K.

Motor vehicles towing (48841).

L.

Postal service (4911).

M.

Couriers and express delivery services (4921).

N.

Local messengers and local delivery (4922).

O.

Architecture, engineering and related services (5413) with testing lab (54138).

P.

Scientific research and development services (5417).

Q.

Facilities support services (5612) and other support services (5619).

R.

Ambulatory healthcare services (621) limited to the following:

1.

Outpatient care centers (6214).

2.

Home healthcare services (6216).

3.

Ambulance services (62191).

S.

Specialty hospitals - except psychiatric and substance abuse (6223).

T.

Nursing and residential care facilities (623).

U.

Community food, housing, emergency and other relief services (6242).

V.

Child daycare services (6244).

W.

Museums, historical sites and similar institutions (7121).

X.

Arcades (7131) and other amusement and recreation industries (71399).

Y.

Public recreational park, facility or trail not identified in the comprehensive plan.

Z.

Hotels and motels (72111).

AA.

RV parks and recreational camps (7212).

BB.

Rooming and boarding houses (7213).

CC.

Automotive repair and maintenance (8111).

DD.

Commercial and industrial machinery and equipment repair and maintenance (8113).

EE.

Death care services (8122) but excluding cemeteries (81222).

FF.

Parking lots and garages (81293).

GG.

Religious organizations (8134).

HH.

Public administration and government facilities and support services (92).

II.

Multi-tenant commercial/commercial building (see Section 10-1-6, "Definitions", of this title).

JJ.

Major utility facilities (see Section 10-1-6, "Definitions", of this title).

KK.

Mobile food vendor pods (722330).

(Ord. No. 799, 11-3-2015; Ord. No. 836, 6-4-2019)

Reserved.

(Ord. No. 799, 11-3-2015)

The following property development standards apply to all new developments in the DT zone and are intended to provide a consistent development pattern that ensures a safe, orderly, efficient, economically viable and aesthetically pleasing environment throughout each zone district.

Existing developed properties are expected to meet these requirements to the extent reasonably possible. Similar to findings that demonstrate how a development proposal meets applicable standards, findings shall also justify why a proposal is not able to meet applicable standards for existing developed properties or structures. Cost may be considered, but shall not be the sole determinant if the cost is reasonable within the overall scope of the development proposal.

A.

Basic site development standards.

1.

Minimum lot size and lot width; building setbacks; maximum building height and site coverage.

B.

Site development impact standards.

1.

Traffic impact analysis. A traffic impact analysis meeting the requirements under subsection 10-11-10 C. of this title shall be required to be submitted to the City with a land use application, when the community development director determines that the application involves one or more of the following actions:

a.

A change in zoning or plan amendment designation; or

b.

The proposal is projected to cause one or more of the following effects, which can be determined by field counts, site observation, traffic impact analysis or study, field measurements, crash history, Institute of Transportation Engineers' "Trip Generation Manual"; and information and studies provided by the local reviewing jurisdiction and/or ODOT:

(1)

An increase in site traffic volume generation by 250 average daily trips (ADT) or more (or as required by the City Engineer). The latest edition of the "Trip Generation Manual", published by the Institute of Transportation Engineers (ITE) shall be used as standards by which to gauge average daily vehicle trips; or

(2)

An increase in use of adjacent streets by vehicles exceeding the 20,000 pounds' gross vehicle weight by ten vehicles or more per day; or

(3)

The location of the access driveway does not meet minimum intersection sight distance requirements, or is located where vehicles entering or leaving the property are restricted, or vehicles queue or hesitate, creating a safety hazard; or

(4)

The location of the access driveway does not meet the access spacing standard of the roadway on which the driveway is located; or

(5)

A change in internal traffic patterns that may cause safety problems, such as backup onto the highway or traffic crashes in the approach area.

2.

Floodplain, wetland and riparian areas. See Chapter 7 of this title and Title 12 of this Code. The requirements under Chapter 7 of this title and Title 12 of this Code are triggered when development is proposed within a designated floodplain or riparian area as identified by the official flood insurance rate map (FIRM) prepared by the U.S. Federal Emergency Management Agency (FEMA); or when property contains wetland areas as identified on the National Wetlands Inventory (NWI) map prepared by the U.S. Fish and Wildlife Service (USFWS).

3.

Stormwater surface drainage.

a.

Surface water runoff shall be handled on site through the use of landscaped areas, grassy swales or similar natural features to the extent reasonably feasible. Where surface water runoff cannot be entirely managed on site, adequate provisions shall be made so that runoff will not adversely affect the use of adjoining or downstream properties, unless a drainage easement has been obtained.

b.

Where it is anticipated by the City Public Works Director that the additional runoff resulting from a proposed development will overload an existing drainage facility, the City shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with city standards.

c.

In order to accommodate upstream drainage, culverts and other drainage facilities shall be large enough to accommodate existing and potential future runoff from the entire upstream drainage area, whether inside or outside the development. Such facilities shall be subject to review and approval by the City Public Works Director.

4.

Vehicle access, driveway and circulation standards.

a.

New vehicle access connections. New access connections shall not be permitted within the functional area (see Section 10-1-6, "Definitions", of this title) of an intersection or interchange as defined by the connection spacing standards of this title, the comprehensive plan and public works standards, unless no other reasonable access to the property is available. See also subsection 10-11-4 C. of this title regarding vision clearance areas.

b.

Access connections. Where no other alternative exists, the City may allow construction of an access connection along the property line farthest from the intersection. In such cases, directional connections (i.e., right in/out, right in only, or right out only) may be required.

c.

Cross access drives, pedestrian access. Adjacent commercial or office properties such as shopping plazas and office parks that are major traffic generators shall provide a cross access drive and pedestrian access to allow circulation between sites.

d.

Separation distance. The City may reduce the required separation distance of access points where they prove impractical, provided all of the following requirements are met:

(1)

Joint access driveways and cross access easements are provided.

(2)

The site plan incorporates a unified access and circulation system.

(3)

The property owner enters into a written agreement with the City, recorded with the deed, that preexisting connections on the site will be closed and eliminated after construction of each side of a joint use driveway.

(4)

The City may modify or waive the requirements of this section where the characteristics or layout of abutting properties would make a development of a unified or shared access and circulation system impractical.

e.

Phased developments. Development sites under the same ownership or consolidated for the purpose of development and comprising more than one building site, shall be reviewed as a single property for the purpose of complying with access standards. The number of access points permitted shall be the minimum number necessary to provide reasonable access to the site, not the minimum for that frontage.

f.

Corner lots. Corner lots shall be required to locate motor vehicle accesses on the street with the lower functional classification when feasible provided such access will not be located within the functional area of the intersection. This requirement may be waived or modified when a commercial use would be required to take access from a street in a residential neighborhood.

g.

Nonconforming access features. Legal access connections in place when this title was adopted that do not conform with the standards herein are considered nonconforming features and shall be brought into compliance with applicable standards when new access connection permits are requested or when there is a change in use or enlargement or improvement that will increase trip generation.

5.

Driveway standards.

a.

If the driveway is one-way in or out, the minimum width shall be ten feet and appropriate sign(s) designating the driveway as a one-way connection shall be provided.

b.

For two-way accesses, each lane shall have a minimum width of ten feet. The maximum width for a driveway access, including both lanes, is 35 feet for both lanes.

c.

The length of a driveway shall be designed in accordance with the anticipated storage length of entering and exiting vehicles to prevent vehicles from backing into the flow of traffic on the public street or causing unsafe conflicts with on site circulation.

6.

Utilities. All electrical, telephone and cable television utility service installations or connections made as part of new construction of a building or structure shall be underground in accordance with city standards.

7.

Easements. An applicant should discuss with the city planning official the likelihood that any easement will be required prior to making application. When an easement is required based on findings that justify the easement, the following standards shall apply:

a.

Pedestrian easements. In order to facilitate pedestrian access from streets, lots, or developments to schools, parks, nearby streets, or other developments, an easement no less than ten feet wide with a paved pathway no less than six feet shall be required. Any sight obscuring barrier such as a fence or planting at the edge of the easement shall not exceed three feet in height in order to maintain visibility of the walkway from adjacent properties.

b.

Open space easements. An open space easement may be required over areas in private ownership of the floodplain or areas with unique natural conditions. Such easement shall preclude development of the area when limiting the use of a property is determined to be in the public interest.

c.

General public easements. When topography or other conditions make impractical the location of drainage facilities, sanitary sewer or water lines within the public street right-of-way, an unobstructed easement shall be provided across a property. Easements shall be of sufficient width to safely excavate buried facilities, but generally shall be no less than 15 feet in width.

C.

Special site and building design standards.

1.

Building orientation and architectural features.

a.

The primary building and entry shall be oriented toward the fronting street. On corner lots, building entrances shall face the primary fronting street or the corner.

b.

The primary building shall incorporate ground floor windows along street facades, with at least 20 percent of any wall within 30 feet of a street consisting of display areas, windows or doorways.

c.

Building facades facing a street shall include changes in relief such as cornices, columns, gables, bay windows, recessed entryways, or similar architectural or decorative elements.

d.

Awnings that extend into the right-of-way over the public sidewalk are permitted on commercial buildings. Awnings shall not bisect transom windows.

2.

Off-street parking, loading and unloading. See Chapter 9 of this title for specific design standards for parking spaces and parking areas.

a.

Within the DT zone, the minimum off-street parking requirement shall be one-half of the number of parking spaces specified for uses in Chapter 9 of this title and parking spaces on the public street adjacent to the subject property may be counted to fulfill the parking requirement.

b.

When any new off-street parking is provided, parking areas shall be located behind buildings or to a nonstreet side yard such that buildings separate parking areas from the street, unless there is no feasible alternative.

c.

Existing or proposed off-street parking areas between the front or side of a building and the public right-of-way shall be separated from the right-of-way with a minimum 30-inch-wide landscape strip (see landscape requirements).

d.

Parking bumpers shall be set at least six feet from the property/right-of-way line for parking spaces established perpendicular to the right-of-way. Parking bumpers shall be securely fastened to the pavement or ground.

e.

Parking within the street right-of-way along a street side yard shall maintain a six-foot separation from the edge of the right-of-way/property line to allow for a pedestrian walkway. Separation shall be maintained by the use of parking bumpers, an extruded curb or other barrier, as approved by the City Public Works Director. No parking shall be allowed within 20 feet of an intersection or crosswalk.

f.

Loading and/or unloading of truck freight may occur on site, or within an alley or a local side street, but not within the right-of-way of 6th Street.

3.

Bicycle and pedestrian facilities and easements.

a.

Bicycle or pedestrian easements and/or improvements may be required if a portion of the subject property is included in the comprehensive plan as necessary to complete a planned bicycle or pedestrian pathway or trail, or to accommodate a portion thereof; or if findings justify the need to address anticipated impacts from the proposed development.

b.

Developments shall provide an on site pedestrian circulation system that connects building entrances, public sidewalks, bicycle and automobile parking areas, and parts of the site or abutting properties that may attract pedestrians. Walkways shall maintain a clear width of at least five feet and shall be separated from vehicles by curbs, raised bumpers, planter strips or similar barriers. Walkways through parking areas or crossing driveways shall be clearly identified by a different material or pavement markings, or both. Walkways shall be in clearly visible locations to promote safety. Walkways shall be hard surfaced.

4.

Landscaping, lighting and outdoor storage.

a.

At least five percent of the site shall be landscaped. A minimum 30-inch-wide landscape strip along street frontages and building fronts must be included in the landscape plan to accommodate surface water runoff from the site and to enhance the street appearance of the development.

b.

Landscaping shall include ground cover material such as decorative rock, bark or lawn, and at least two of the following landscape elements: flowers, decorative shrubs, trees, boulders or decorative lighting.

c.

Landscaped areas shall be provided with automatic irrigation unless a letter from a licensed landscape architect is submitted with the landscape plan certifying that the selected landscape plants will survive without irrigation.

d.

Pedestrian amenities, such as benches, plazas, fountains, and sculptures that are high quality and provided for public use or enjoyment, may replace up to one-third of the required landscaping, but shall not replace required landscaping along street frontages or building fronts.

e.

Parking areas shall be landscaped as prescribed in subsection 10-9-2 D. of this title.

f.

Lighting may be required on the site, such as between parking areas and buildings or along walkways based on findings that justify the need to protect the public health, safety or welfare. All on site lighting shall be shielded to prevent off site glare or nuisance to traffic or neighboring properties.

g.

Outdoor storage and garbage collection areas shall be entirely screened with a six-foot-high sight obscuring fence, wall or vegetation. Outdoor storage and garbage collection areas shall not be permitted within a required vision clearance area.

h.

Annual renewal of a business license for a commercial use shall be contingent upon satisfactory maintenance of landscaped areas approved as part of the site plan or conditional use review for the use.

5.

Vision clearance area and fences. See Section 10-11-4 and subsection 10-11-1 B. of this title.

6.

Signs. See Title 8, Chapter 2 of this Code.

(Ord. No. 799, 11-3-2015; Ord. No. 856, § 2, 5-3-2022)

All uses permitted in the DT zone are subject to site plan design review. The purpose of site plan design review is to provide a process to review proposals to verify that compliance with the property development standards of the DT zone under Section 10-4B-7 of this article will be met, along with any other applicable provisions of this Code, or the comprehensive plan.

A.

Permitted uses. In the DT zone, site plan design review for a use permitted outright or for a use permitted subject to standards shall follow the public notice and review procedures in subsections 10-14-2 B. and 10-14-6 B. of this title for a Type II decision, and the notice of decision requirements under Section 10-14-8 of this title.

B.

Conditional uses. Site plan design review shall be incorporated into the Type III review process required for all conditional uses permitted in the DT zone. A Type III decision includes the procedures under subsection 10-14-6 C., and Sections 10-14-7 and 10-14-8 of this title.

C.

Application requirements. An application for site plan design review only, or in conjunction with a conditional use request, shall include the information and materials listed under Section 10-14-4 of this title.

D.

Authority to grant exemption from site plan design review. The city planning official is authorized to exempt a proposed use from the requirements for site plan design review when:

1.

The proposed use is listed in the DT zone as a use permitted outright or as a use permitted subject to standards.

2.

The proposed use is the same type of use as the most recent previous use for the subject property for which site plan design review was approved by the City.

3.

No changes to the zoning regulations or development standards applicable to the proposed use have occurred since the most recent site plan design was approved and the previous use was in full compliance with all conditions of the most recent site plan approval.

4.

The applicant, and property owner if different, acknowledge in writing the terms and conditions of the prior site plan design approval and agree to abide by the terms and conditions of the approval. At the determination of the city planning official, any change to the prior site plan approval that would cause one or more of the current standards or conditions of approval to no longer be met shall require a new site plan design review and approval prior to making the change.

(Ord. No. 799, 11-3-2015)

The purpose of the neighborhood commercial (NC) zone is to provide convenient locations intended for small scale commercial developments such as convenience stores, personal services, small repair shops and similar businesses offering goods and services purchased frequently and which can be sustained within a neighborhood or similar limited trade area.

(Ord. No. 799, 11-3-2015)

A.

Types of uses. Within the NC zone, uses are classified as "permitted", "permitted with standards", and "conditional". Further, uses are functionally classified by the description of the particular activity (such as "single-family residence") or by the general category with reference to the "North American Industry Classification System" (NAICS). Permitted and conditional uses shall be of a size and scale to meet the purpose and intent of the NC zone.

B.

North American Industry Classification System (NAICS). Uses functionally classified with reference to the NAICS are described with the NAICS index number. Some activities, otherwise included under the NAICS category, may be specifically excluded by this article. The excluded activity will be placed in the general NAICS category, but identified by the preceding words - "but (or and) excluding". For example, "food store (54), but excluding freezer and locker meat provisioners".

C.

Interpretation of uses. Where a use is not described with reference to the NAICS or otherwise defined in Section 10-1-6 of this title, the words of this zoning ordinance describing such use are to be given their ordinarily accepted meaning, except where the context in which they are used otherwise clearly requires.

D.

Prohibited uses. Uses not specifically identified as permitted, permitted with standards, or conditionally permitted within the zone, or otherwise allowed through interpretation, shall be considered prohibited uses. A use specifically permitted in one zone, but not another, shall not be interpreted as being permitted in another zone under a different classification.

(Ord. No. 799, 11-3-2015)

The following uses and their accessory uses are permitted outright in the NC zone subject to the property development standards of the NC zone, and the site plan design review requirements and procedures under Sections 10-4C-7 and 10-4C-8 of this article:

A.

Specialty food stores (4452).

B.

Cosmetics, beauty supplies, and perfume stores (44612).

C.

Optical goods (44613).

D.

Food (health) supplement and other health and personal care stores (44619).

E.

Bookstores and news dealers (4512).

F.

Florists (4531).

G.

Legal services (5411).

H.

Accounting, tax preparation, bookkeeping and payroll services (5412).

I.

Specialized design services (5414).

J.

Computer systems design and related services (5415).

K.

Photographic services (54192).

L.

Translation and interpretation services (54193).

M.

Office administrative services (5611).

N.

Investigation and security services (5616).

O.

Language schools (61163).

P.

Educational support services (6117).

Q.

Public recreational park, facility or trail, provided:

1.

The site is inventoried in the comprehensive plan for park, trail or other recreational purposes.

2.

Development of the park, facility or trail will be in accordance with an adopted master development plan for the park, facility or trail.

R.

Personal care services (8121); examples include barbershops and beauty salons.

S.

Dry cleaning and laundry services (81232) except coin operated.

T.

Photofinishing (81292).

(Ord. No. 799, 11-3-2015)

The following uses and their accessory uses are permitted in the NC zone subject to the standards listed thereunder, the property development standards of the NC zone, and the site plan design review requirements and procedures under Sections 10-4C-7 and 10-4C-8 of this article, unless otherwise specified for the use:

A.

Residential use, subject to the following:

1.

The use will be situated on the second story or above within a building in which the ground floor is occupied by or available solely for commercial use.

2.

Off-street parking requirements meeting city standards are provided for the use separate from those required for ground floor commercial uses.

3.

The residential use complies with building, fire and other applicable safety codes as mandated by local, state or federal laws.

B.

Creation of a new city, county or state road, or realignment of an existing city, county or state road or any portion thereof and which does not involve a land partition, subject to the following:

1.

The road or realignment complies with applicable street standards, as specified in the comprehensive plan or other implementing ordinances and the City's public works standards, for the existing or intended street classification.

2.

Review for compliance with the requirements under subsection B.1. of this section, shall be subject to the procedures and requirements for a Type III decision.

3.

The use is subject to inspections, as determined by the City Public Works Director, to certify that all improvements have been constructed to city standards.

C.

Electronic and appliance stores (443) subject to the following standards:

1.

The use is limited to a maximum of 5,000 square feet.

2.

There is no outside storage or display of goods or materials.

D.

Clothing stores (4481) and shoe stores (4482) subject to the following standards:

1.

The use is limited to a maximum of 5,000 square feet.

2.

There is no outside storage or display of goods or materials.

E.

Office supplies, stationery and gift stores (4532) subject to the following standards:

1.

The use is limited to a maximum of 5,000 square feet.

2.

There is no outside storage or display of goods or materials.

F.

Consumer goods rental (5322) subject to the following standards:

1.

The use is limited to a maximum of 5,000 square feet.

2.

There is no outside storage or display of goods or materials.

G.

Architecture, engineering and related services (5413) without testing lab subject to the following standard:

1.

The use is limited to a maximum of 5,000 square feet in size.

H.

Sports and recreation instruction (61162) subject to the following standard:

1.

The use is limited to a maximum of 10,000 square feet.

I.

Electronic and precision equipment repair and maintenance (8112) subject to the following standards:

1.

The use is limited to a maximum of 5,000 square feet.

2.

At least ten percent of the building area is used for office use and customer service.

3.

There is no outside storage or display of goods or materials.

J.

Personal and household goods repair and maintenance (8114) subject to the following standards:

1.

The use is limited to a maximum of 5,000 square feet.

2.

At least ten percent of the building area is used for office use and customer service.

3.

There is no outside storage or display of goods or materials.

K.

Pet care (except veterinary) services (81291) subject to the following standards:

1.

The use is limited to a maximum of 5,000 square feet.

2.

The use is limited to the care and treatment of small animals up to 200 pounds on premises.

3.

There is no outside storage or display of materials or outside containment of animals.

L.

Civic and social organizations (8134) subject to the following standard:

1.

The use is limited to a maximum of 7,500 square feet.

M.

Local utility distribution facilities, subject to the following:

1.

A permit for the proposed distribution line or facility has been obtained from the public works director in accordance with the requirements of Title 7 of this Code, prior to construction.

(Ord. No. 799, 11-3-2015)

The following conditional uses may be permitted in the NC zone subject to the property development standards of the NC zone, the decision criteria and any additional applicable standards in Chapter 12 of this title specific to the use, and the site plan design review requirements and procedures under Sections 10-4C-7 and 10-4C-8 of this article.

The applicant bears the burden of proof for demonstrating, based on factual information and arguments, how the proposed use complies with all standards and decision criteria upon which the Planning Commission must base its decision.

A.

Drive-through for any use.

B.

Automotive parts and accessories stores (44131).

C.

Convenience stores (44512).

D.

Beer, wine and liquor stores (4453).

E.

Pharmacies and drugstores (44611).

F.

Gasoline stations (4471).

G.

Sporting goods, hobby and musical instruments stores (4511).

H.

Used merchandise stores (4533).

I.

Pet and pet supplies stores (45391).

J.

Art dealers (45392).

K.

Tobacco stores (453991).

L.

Taxi and limousine service (4853).

M.

Postal service (4911).

N.

Courier and express delivery services (4921).

O.

Local messengers and local delivery (4922).

P.

Warehousing and storage (4931).

Q.

Finance and insurance (52).

R.

Offices of real estate agents and brokers (5312).

S.

Activities related to real estate (5313).

T.

Business schools and computer and management training (6114).

U.

Offices of physicians, dentists and other health practitioners (6211, 6212 and 6213).

V.

Home healthcare services (6216).

W.

Continuing care retirement communities and assisted living facilities for the elderly (6233).

X.

Individual and family services (6241).

Y.

Community food, housing, emergency and other related services (6242).

Z.

Vocational rehabilitation services (6243).

AA.

Child daycare services (6244).

BB.

Performing arts companies (7111).

CC.

Arcades (7131).

DD.

Fitness and recreation sports centers (71394).

EE.

Bowling centers (71395).

FF.

Other amusement and recreation industries (71399).

GG.

Public recreational park, facility or trail not identified in comprehensive plan and included in a master development plan.

HH.

Bed and breakfast inns (721191).

II.

Food services and drinking places (722) but excluding mobile food services (72233).

JJ.

Coin operated laundries and dry cleaners (81231).

KK.

Religious organizations (8131).

LL.

Public administration and government facilities and support services (92).

MM.

Major utility facilities (see Section 10-1-6, "Definitions", of this title).

NN.

Mobile food vendor pods (722330).

(Ord. No. 799, 11-3-2015; Ord. No. 836, 6-4-2019)

Reserved.

(Ord. No. 799, 11-3-2015)

The following property development standards apply to all new developments in the NC zone and are intended to provide a consistent development pattern that ensures a safe, orderly, efficient, economically viable and aesthetically pleasing environment throughout each zone district.

Existing developed properties are expected to meet these requirements to the extent reasonably possible. Similar to findings that demonstrate how a development proposal meets applicable standards, findings shall also justify why a proposal is not able to meet applicable standards for existing developed properties or structures. Cost may be considered, but shall not be the sole determinant if the cost is reasonable within the overall scope of the development proposal.

A.

Basic site development standards.

1.

Minimum lot size and lot width; building setbacks; maximum building height and site coverage.

B.

Site development impact standards.

1.

Traffic impact analysis. A traffic impact analysis meeting the requirements under subsection 10-11-10 C. of this title shall be required to be submitted to the City with a land use application, when the community development director determines that the application involves one or more of the following actions:

a.

A change in zoning or plan amendment designation; or

b.

The proposal is projected to cause one or more of the following effects, which can be determined by field counts, site observation, traffic impact analysis or study, field measurements, crash history, Institute of Transportation Engineers' "Trip Generation Manual"; and information and studies provided by the local reviewing jurisdiction and/or ODOT:

(1)

An increase in site traffic volume generation by 250 average daily trips (ADT) or more (or as required by the City Engineer). The latest edition of the "Trip Generation Manual", published by the Institute of Transportation Engineers (ITE) shall be used as standards by which to gauge average daily vehicle trips; or

(2)

An increase in use of adjacent streets by vehicles exceeding the 20,000 pounds' gross vehicle weight by ten vehicles or more per day; or

(3)

The location of the access driveway does not meet minimum intersection sight distance requirements, or is located where vehicles entering or leaving the property are restricted, or vehicles queue or hesitate, creating a safety hazard; or

(4)

The location of the access driveway does not meet the access spacing standard of the roadway on which the driveway is located; or

(5)

A change in internal traffic patterns that may cause safety problems, such as backup onto the highway or traffic crashes in the approach area.

2.

Floodplain, wetland and riparian areas. See Chapter 7 of this title and Title 12 of this Code. The requirements under Chapter 7 of this title and Title 12 of this Code are triggered when development is proposed within a designated floodplain or riparian area as identified by the official flood insurance rate map (FIRM) prepared by the U.S. Federal Emergency Management Agency (FEMA); or when property contains wetland areas as identified on the National Wetlands Inventory (NWI) map prepared by the U.S. Fish and Wildlife Service (USFWS).

3.

Stormwater surface drainage.

a.

Surface water runoff shall be handled on site through the use of landscaped areas, grassy swales or similar natural features to the extent reasonably feasible. Where surface water runoff cannot be entirely managed on site, adequate provisions shall be made so that runoff will not adversely affect the use of adjoining or downstream properties, unless a drainage easement has been obtained.

b.

Where it is anticipated by the City Public Works Director that the additional runoff resulting from a proposed development will overload an existing drainage facility, the City shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with city standards.

c.

In order to accommodate upstream drainage, culverts and other drainage facilities shall be large enough to accommodate existing and potential future runoff from the entire upstream drainage area, whether inside or outside the development. Such facilities shall be subject to review and approval by the City Public Works Director.

4.

Vehicle access, driveway and circulation standards.

a.

New vehicle access connections. New access connections shall not be permitted within the functional area (see Section 10-1-6, "Definitions", of this title) of an intersection or interchange as defined by the connection spacing standards of this title, the comprehensive plan and public works standards, unless no other reasonable access to the property is available. See also subsection 10-11-4 C. of this title regarding vision clearance areas.

b.

Access connections. Where no other alternative exists, the City may allow construction of an access connection along the property line farthest from the intersection. In such cases, directional connections (i.e., right in/out, right in only, or right out only) may be required.

c.

Cross access drives, pedestrian access. Adjacent commercial or office properties such as shopping plazas and office parks that are major traffic generators shall provide a cross access drive and pedestrian access to allow circulation between sites.

d.

Separation distance. The City may reduce the required separation distance of access points where they prove impractical, provided all of the following requirements are met:

(1)

Joint access driveways and cross access easements are provided.

(2)

The site plan incorporates a unified access and circulation system.

(3)

The property owner enters into a written agreement with the City, recorded with the deed, that preexisting connections on the site will be closed and eliminated after construction of each side of a joint use driveway.

(4)

The City may modify or waive the requirements of this section where the characteristics or layout of abutting properties would make a development of a unified or shared access and circulation system impractical.

e.

Phased developments. Development sites under the same ownership or consolidated for the purpose of development and comprising more than one building site, shall be reviewed as a single property for the purpose of complying with access standards. The number of access points permitted shall be the minimum number necessary to provide reasonable access to the site, not the minimum for that frontage.

f.

Corner lots. Corner lots shall be required to locate motor vehicle accesses on the street with the lower functional classification when feasible provided such access will not be located within the functional area of the intersection. This requirement may be waived or modified when a commercial or industrial use would be required to take access from a street in a residential neighborhood.

g.

Nonconforming access features. Legal access connections in place when this title was adopted that do not conform with the standards herein are considered nonconforming features and shall be brought into compliance with applicable standards when new access connection permits are requested or when there is a change in use or enlargement or improvement that will increase trip generation.

5.

Driveway standards.

a.

If the driveway is one-way in or out, the minimum width shall be ten feet and appropriate sign(s) designating the driveway as a one-way connection shall be provided.

b.

For two-way accesses, each lane shall have a minimum width of ten feet. The maximum width for a driveway access, including both lanes, is 35 feet for both lanes.

c.

The length of a driveway shall be designed in accordance with the anticipated storage length of entering and exiting vehicles to prevent vehicles from backing into the flow of traffic on the public street or causing unsafe conflicts with on site circulation.

6.

Utilities. All electrical, telephone and cable television utility service installations or connections made as part of new construction of a building or structure shall be underground in accordance with city standards.

7.

Easements.

a.

Pedestrian easements. In order to facilitate pedestrian access from streets, lots, or developments to schools, parks, nearby streets, or other developments, an easement no less than ten feet wide with a paved pathway no less than six feet shall be required. Any sight obscuring barrier such as a fence or planting at the edge of the easement shall not exceed three feet in height in order to maintain visibility of the walkway from adjacent properties.

b.

Open space easements. An open space easement may be required over areas in private ownership of the floodplain or areas with unique natural conditions. Such easement shall preclude development of the area when limiting the use of a property is determined to be in the public interest.

c.

General public easements. When topography or other conditions make impractical the location of drainage facilities, sanitary sewer or water lines within the public street right-of-way, an unobstructed easement shall be provided across a property. Easements shall be of sufficient width to safely excavate buried facilities, but generally shall be no less than 15 feet in width.

C.

Special site and building design standards.

1.

Building orientation and architectural features.

a.

The primary building and entry shall be oriented toward the fronting street. On corner lots, building entrances shall face the primary fronting street or the corner.

b.

The primary building shall incorporate ground floor windows along the fronting street facades, with at least 20 percent of the fronting wall consisting of display areas, windows or doorways.

c.

Building facades facing a street shall include changes in relief such as cornices, columns, gables, bay windows, recessed entryways, or similar architectural or decorative elements.

d.

A drive-through window or use shall be oriented to the side or rear of a building and shall be designed to minimize conflicts with pedestrians and vehicles.

2.

Off-street parking, loading and unloading. See Chapter 9 of this title for specific design standards for parking spaces and parking areas.

a.

Off-street parking shall not be located within five feet of a property line separating the subject property from a public street.

b.

Existing or proposed off-street parking areas between the front or side of a building and the public right-of-way shall be separated from the right-of-way with a three-foot-wide landscape strip (see landscape requirements).

c.

Parking bumpers shall be set at least six feet from the property/right-of-way line for parking spaces established perpendicular to the right-of-way. Parking bumpers shall be securely fastened to the pavement or ground.

d.

A designated area (or areas) for loading and/or unloading of materials or freight shall be provided to ensure all such activities occur entirely on site.

e.

Parking or loading areas which abut a residential zone along a rear or side property line shall be separated from the property line by a 20-foot-wide landscaped area. Alternatively, a ten-foot-wide landscaped area and a fence or wall six feet in height may be used to buffer the residential property.

3.

Bicycle and pedestrian facilities and easements.

a.

Bicycle or pedestrian easements and/or improvements may be required if a portion of the subject property is included in the comprehensive plan as necessary to complete a planned bicycle or pedestrian pathway or trail, or to accommodate a portion thereof; or if findings justify the need to address anticipated impacts from the proposed development.

b.

Developments shall provide an on site pedestrian circulation system that connects building entrances, public sidewalks, bicycle and automobile parking areas, and parts of the site or abutting properties that may attract pedestrians. Walkways shall maintain a clear width of at least five feet and shall be separated from vehicles by curbs, raised bumpers, planter strips or similar barriers. Walkways through parking areas or crossing driveways shall be clearly identified by a different material or pavement markings, or both. Walkways shall be in clearly visible locations to promote safety. Walkways shall be hard surfaced.

4.

Landscaping, lighting and outdoor storage.

a.

At least five percent of the site shall be landscaped. A minimum 30-inch-wide landscape strip along street frontages and building fronts must be included in the landscape plan to accommodate surface water runoff from the site and to enhance the street appearance of the development.

b.

Pedestrian amenities, such as benches, plazas, fountains, and sculptures that are high quality and provided for public use or enjoyment, may replace up to one-third of the required landscaping, but shall not replace required landscaping along street frontages or building fronts.

c.

Parking areas shall be landscaped as prescribed in subsection 10-9-2 D. of this title.

d.

Landscaping shall include ground cover material such as decorative rock, bark or lawn, and at least two of the following landscape elements: flowers, decorative shrubs, trees, boulders or decorative lighting.

e.

Landscaped areas shall be provided with automatic irrigation unless a letter from a licensed landscape architect is submitted with the landscape plan certifying that the selected landscape plants will survive without irrigation.

f.

Lighting may be required on the site, such as between parking areas and buildings or along walkways, based on findings that justify the need to protect the public health, safety or welfare. All on site lighting shall be shielded to prevent off site glare or nuisance to traffic or neighboring properties.

g.

Outdoor storage and garbage collection areas shall be entirely screened with a six-foot-high sight obscuring fence, wall or vegetation. Outdoor storage and garbage collection areas shall not be permitted within a required vision clearance area.

h.

Annual renewal of a business license for a commercial use shall be contingent upon satisfactory maintenance of landscaped areas approved as part of the site plan or conditional use review for the use.

5.

Vision clearance area and fences. See Section 10-11-4 and subsection 10-11-1 B. of this title.

6.

Signs. See Title 8, Chapter 2 of this Code.

(Ord. No. 799, 11-3-2015; Ord. No. 856, § 2, 5-3-2022)

All uses permitted in the NC zone are subject to site plan design review. The purpose of site plan design review is to provide a process to review proposals to verify that compliance with the property development standards of the NC zone under Section 10-4C-7 of this article will be met, along with any other applicable provisions of this Code, or the comprehensive plan.

A.

Permitted uses. In the NC zone, site plan design review for a use permitted outright or for a use permitted subject to standards shall follow the public notice and review procedures in subsections 10-14-2 B. and B. of this title for a Type II decision, and the notice of decision requirements under Section 10-14-8 of this title.

B.

Conditional uses. Site plan design review shall be incorporated into the Type III review process required for all conditional uses permitted in the NC zone. A Type III decision includes the procedures under subsection 10-14-6 C., and Sections 10-14-7 and 10-14-8 of this title.

C.

Application requirements. An application for site plan design review only, or in conjunction with a conditional use request, shall include the information and materials listed under Section 10-14-4 of this title.

(Ord. No. 799, 11-3-2015)

The purpose of the general commercial (GC) zone is to provide for commercial uses up to 50,000 square feet in size and generally requiring medium to large sites in areas that rely primarily on vehicle traffic and high visibility and which can accommodate all required parking and other associated activities on site. The intent of the GC zone is to allow for a broad range of commercial retail and service uses in a manner that aesthetically enhances the site and the surrounding area and that may include indoor and outdoor storage or display of goods.

(Ord. No. 799, 11-3-2015)

A.

Types of uses. Within the GC zone, uses are classified as "permitted", "permitted with standards", and "conditional". Further, uses are functionally classified by the description of the particular activity (such as "single-family residence") or by the general category with reference to the "North American Industry Classification System" (NAICS). Permitted and conditional uses shall be of a size and scale to meet the purpose and intent of the GC zone.

B.

North American Industry Classification System (NAICS). Uses functionally classified with reference to the NAICS are described with the NAICS index number. Some activities, otherwise included under the NAICS category, may be specifically excluded by this article. The excluded activity will be placed in the general NAICS category, but identified by the preceding words - "but (or and) excluding". For example, "food store (54), but excluding freezer and locker meat provisioners".

C.

Interpretation of uses. Where a use is not described with reference to the NAICS or otherwise defined in Section 10-1-6 of this title, the words of this zoning ordinance describing such use are to be given their ordinarily accepted meaning, except where the context in which they are used otherwise clearly requires.

D.

Prohibited uses. Uses not specifically identified as permitted, permitted with standards, or conditionally permitted within the zone, or otherwise allowed through interpretation, shall be considered prohibited uses. A use specifically permitted in one zone, but not another, shall not be interpreted as being permitted in another zone under a different classification.

(Ord. No. 799, 11-3-2015)

The following uses and their accessory uses are permitted outright in the GC zone subject to the property development standards of the GC zone, and the site plan design review requirements and procedures under Sections 10-4D-7, 10-4D-8 and 10-4D-9 of this article:

A.

Drive-through window for any use.

B.

Specialty trade contractors (238).

C.

Automobile dealers (4411) and other motor vehicle dealers (4412).

D.

Automotive parts, accessories, and tire stores (44131).

E.

Furniture and home furnishings (442).

F.

Electronic and appliance stores (443).

G.

Building materials and supplies dealers (4441).

H.

Lawn and garden equipment and supplies stores (4442).

I.

Grocery stores (4451).

J.

Specialty food stores (4452).

K.

Beer, wine and liquor stores (4453).

L.

Health and personal care stores (4461); examples include pharmacies, drugstores, beauty supplies and optical goods stores.

M.

Clothing stores (4481).

N.

Shoe stores (4482).

O.

Jewelry, luggage, and leather goods stores (4483).

P.

Sporting goods, hobby, and musical instruments stores (4511).

Q.

Bookstores and news dealers (4512).

R.

Miscellaneous store retailers (453); examples include florists, office supplies, pet and pet supplies stores, art dealers and tobacco stores.

S.

Taxi and limousine service (4853).

T.

Motor vehicle towing (48841).

U.

Information industries - except internet (51); examples include publishing industries, motion picture and sound recording industries, radio and television broadcasting and data processing, hosting and related services.

V.

Finance and insurance (52).

W.

Offices of real estate agents and brokers (5312) and activities related to real estate (5313).

X.

Rental and leasing services (532) but excluding commercial and industrial machinery and equipment rental and leasing (5324).

Y.

Professional, scientific, and technical services (541) but excluding veterinary services (54194).

Z.

Management of companies and enterprises (551).

AA.

Administrative and support services (561) but excluding other support services (5619).

BB.

Educational services (611) but excluding 6111, 6112 and 6113.

CC.

Healthcare services (621) but excluding outpatient care centers (6214) and ambulance services (62191).

DD.

Social assistance services (624) limited to the following:

1.

Individual and family services (6241).

2.

Vocational rehabilitation services (6243).

EE.

Performing arts companies (7111).

FF.

Fitness and recreational sports centers (71394) and bowling centers (71395).

GG.

Public recreational park, facility or trail, provided:

1.

The site is inventoried in the comprehensive plan for park, trail or other recreational purposes.

2.

Development of the park, facility or trail will be in accordance with an adopted master development plan for the park, facility or trail.

HH.

Food services and drinking places (722).

II.

Repair and maintenance (811).

JJ.

Personal care services (8121); examples include barbershops and beauty salons.

KK.

Dry cleaning and laundry services (8123) except industrial launderers (812332).

LL.

Other personal services (8129) but excluding parking lots and garages (81293).

MM.

Grant making, civic, professional, and similar organizations (813) but excluding religious organizations (8131).

(Ord. No. 799, 11-3-2015)

The following uses and their accessory uses are permitted in the GC zone subject to the special standards listed for the use thereunder, the property development standards of the GC zone, and the site plan design review requirements and procedures under Sections 10-4D-7, 10-4D-8 and 10-4D-9 of this article, unless otherwise specified for the use:

A.

Creation of a new city, county or state road, or realignment of an existing city, county or state road or any portion thereof and which does not involve a land partition, subject to the following:

1.

The road or realignment complies with applicable street standards, as specified in the comprehensive plan or other implementing ordinances and the City's public works standards, for the existing or intended street classification.

2.

Review for compliance with the requirements under subsection A.1. of this section, shall be subject to the procedures and requirements for a Type III decision.

3.

The use is subject to inspections, as determined by the City Public Works Director, to certify that all improvements have been constructed to city standards.

B.

Department stores (45211) and other general merchandise stores (45299) subject to the following standard:

1.

The use is limited to a maximum of 40,000 square feet.

C.

Couriers and express delivery services (4921), subject to the following standards:

1.

Delivery vehicles will not exceed more than 20,000 pounds' GVW.

2.

The use will not operate more than 20 delivery vehicles.

3.

All loading and unloading of delivery items will occur on site.

D.

Local messengers and local delivery (4922), subject to the following standards:

1.

Delivery vehicles will not exceed 8,000 pounds' GVW.

2.

Delivery vehicles are clearly marked with the name of the company, business address and telephone number that allow for easy identification.

E.

Local utility distribution facilities (see Section 10-1-6, "Definitions", of this title), subject to the following:

1.

A permit for the proposed distribution line or facility has been obtained from the public works director in accordance with the requirements of Title 7 of this Code, prior to construction.

(Ord. No. 799, 11-3-2015)

The following conditional uses are permitted in the GC zone subject to compliance with the property development standards of the GC zone, the decision criteria and any additional applicable standards in Chapter 12 of this title specific to the use, and the site plan design review requirements and procedures under Sections 10-4D-7, 10-4D-8 and 10-4D-9 of this article.

The applicant bears the burden of proof for demonstrating, based on factual information and arguments, how the proposed use complies with all standards and decision criteria upon which the Planning Commission must base its decision.

A.

Residential use on the second floor or above, provided the ground floor is occupied by or readily available for commercial use.

B.

Motor vehicle and motor vehicle parts and supplies merchant wholesalers (4231).

C.

Household appliance and electrical and electric goods merchant wholesalers (4236).

D.

Hardware, and plumbing and heating equipment and supplies merchant wholesalers (4237).

E.

Machinery, equipment and supplies merchant wholesalers (4238).

F.

Miscellaneous durable goods merchant wholesalers (4239).

G.

Paper and paper products merchant wholesalers (4241).

H.

Drugs and druggists' sundries merchant wholesalers (4242).

I.

Apparel, piece goods, and notions merchant wholesalers (4243).

J.

Grocery and related product merchant wholesalers (4244).

K.

Beer, wine, and distilled alcoholic beverage merchant wholesalers (42483).

L.

Miscellaneous nondurable goods merchant wholesalers (4249).

M.

Wholesale electronic markets and agents and brokers (4251).

N.

Adult entertainment business or use (see Section 10-1-6, "Definitions", of this title), subject to the following:

1.

The use will not be located within 1,000 feet of a private or public elementary, middle or high school.

2.

The use will not be located within 600 feet of a similar adult entertainment business or use.

3.

The distance referred to in subsections N.1. and N.2. of this section shall be measured in a straight line, without regard to intervening structures or obstructions, from the closest point of the property containing the adult entertainment business or use to the closest point of the protected property.

O.

Gasoline stations (4471), subject to the following standards:

1.

The minimum area for a gasoline service station site is 15,000 square feet; the maximum area is 30,000 square feet.

2.

The maximum street frontage for a gasoline service station site on a corner lot shall be 120 feet.

3.

A service station shall not be constructed within 640 linear feet of any part of a building housing another gasoline service station.

P.

Medical marijuana dispensary or marijuana retailer (see Section 10-1-6, "Definitions", of this title), subject to the following:

1.

The use will not be located at the same address as a registered grow site.

2.

The use will not be located within 1,000 feet of a private or public elementary, middle or high school, public library or designated city park.

3.

The use will not be located within 1,000 feet of another medical marijuana dispensary or marijuana retailer.

4.

The distance referred to in subsections P.2. and P.3. of this section shall be measured in a straight line, without regard to intervening structures or obstructions, from the closest point of the property containing the marijuana dispensary or related facility to the closest point of the protected property.

Q.

General freight trucking, local (48411).

R.

Postal service (4911).

S.

Warehousing and storage (4931), subject to the following standard:

1.

The maximum site area is limited to 90,000 square feet.

T.

Commercial and industrial machinery and equipment rental and leasing (5324), subject to the following standard:

1.

The maximum site area is limited to 60,000 square feet.

U.

Veterinary services (54194).

V.

Other support services, administrative (5619).

W.

Outpatient care centers (6214).

X.

Ambulance services (62191).

Y.

Hospitals (622).

Z.

Nursing and residential care facilities (623).

AA.

Community food, housing, emergency and other relief services (6242).

BB.

Child daycare services (6244).

CC.

Museums, historical sites, and similar institutions (7121).

DD.

Amusement arcades (7131).

EE.

Gambling industries (7132).

FF.

Other amusement and recreation industries (71399).

GG.

Public recreational park, facility or trail not identified in the comprehensive plan and included within a master development plan.

HH.

Traveler accommodations (7211) but excluding other traveler accommodations (72119).

II.

RV parks and recreational camps (7212).

JJ.

Death care services (8122) but excluding cemeteries (81222).

KK.

Parking lots and garages (81293).

LL.

Religious organizations (8131).

MM.

Public administration and government facilities and support services (92).

NN.

Multi-tenant commercial/office building (see Section 10-1-6, "Definitions", of this title).

OO.

Major utility facilities (see Section 10-1-6, "Definitions", of this title).

PP.

Mobile food vendor pods (722330).

(Ord. No. 799, 11-3-2015; Ord. No. 836, 6-4-2019)

Reserved.

(Ord. No. 799, 11-3-2015)

The following property development standards apply to all new developments in the GC zone and are intended to provide a consistent development pattern that ensures a safe, orderly, efficient, economically viable and aesthetically pleasing environment throughout each zone district.

Existing developed properties are expected to meet these requirements to the extent reasonably possible. Similar to findings that demonstrate how a development proposal meets applicable standards, findings shall also justify why a proposal is not able to meet applicable standards for existing developed properties or structures. Cost may be considered, but shall not be the sole determinant if the cost is reasonable within the overall scope of the development proposal.

A.

Basic site development standards.

1.

Minimum lot size and lot width; building setbacks; maximum building height and site coverage.

B.

Site development impact standards.

1.

Traffic impact analysis. A traffic impact analysis meeting the requirements under subsection 10-11-10 C. of this title shall be required to be submitted to the City with a land use application, when the community development director determines that the application involves one or more of the following actions:

a.

A change in zoning or plan amendment designation; or

b.

The proposal is projected to cause one or more of the following effects, which can be determined by field counts, site observation, traffic impact analysis or study, field measurements, crash history, Institute of Transportation Engineers' "Trip Generation Manual"; and information and studies provided by the local reviewing jurisdiction and/or ODOT:

(1)

An increase in site traffic volume generation by 250 average daily trips (ADT) or more (or as required by the City Engineer). The latest edition of the "Trip Generation Manual", published by the Institute of Transportation Engineers (ITE) shall be used as standards by which to gauge average daily vehicle trips; or

(2)

An increase in use of adjacent streets by vehicles exceeding the 20,000 pounds' gross vehicle weight by ten vehicles or more per day; or

(3)

The location of the access driveway does not meet minimum intersection sight distance requirements, or is located where vehicles entering or leaving the property are restricted, or vehicles queue or hesitate, creating a safety hazard; or

(4)

The location of the access driveway does not meet the access spacing standard of the roadway on which the driveway is located; or

(5)

A change in internal traffic patterns that may cause safety problems, such as backup onto the highway or traffic crashes in the approach area.

2.

Floodplain, wetland and riparian areas. See Chapter 7 of this title and Title 12 of this Code. The requirements under Chapter 7 of this title and Title 12 of this Code are triggered when development is proposed within a designated floodplain or riparian area as identified by the official flood insurance rate map (FIRM) prepared by the U.S. Federal Emergency Management Agency (FEMA); or when property contains wetland areas as identified on the National Wetlands Inventory (NWI) map prepared by the U.S. Fish and Wildlife Service (USFWS).

3.

Stormwater surface drainage.

a.

Surface water runoff shall be handled on site through the use of landscaped areas, grassy swales or similar natural features to the extent reasonably feasible. Where surface water runoff cannot be entirely managed on site, adequate provisions shall be made so that runoff will not adversely affect the use of adjoining or downstream properties, unless a drainage easement has been obtained.

b.

Where it is anticipated by the City Public Works Director that the additional runoff resulting from a proposed development will overload an existing drainage facility, the City shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with city standards.

c.

In order to accommodate upstream drainage, culverts and other drainage facilities shall be large enough to accommodate existing and potential future runoff from the entire upstream drainage area, whether inside or outside the development. Such facilities shall be subject to review and approval by the City Public Works Director.

4.

Vehicle access, driveway and circulation standards.

a.

New vehicle access connections. New access connections shall not be permitted within the functional area (see Section 10-1-6, "Definitions", of this title) of an intersection or interchange as defined by the connection spacing standards of this title, the comprehensive plan and public works standards, unless no other reasonable access to the property is available. See also subsection 10-11-4 C. of this title regarding vision clearance areas.

b.

Access connections. Where no other alternative exists, the City may allow construction of an access connection along the property line farthest from the intersection. In such cases, directional connections (i.e., right in/out, right in only, or right out only) may be required.

c.

Cross access drives, pedestrian access. Adjacent commercial or office properties such as shopping plazas and office parks that are major traffic generators shall provide a cross access drive and pedestrian access to allow circulation between sites.

d.

Separation distance. The City may reduce the required separation distance of access points where they prove impractical, provided all of the following requirements are met:

(1)

Joint access driveways and cross access easements are provided.

(2)

The site plan incorporates a unified access and circulation system.

(3)

The property owner enters into a written agreement with the City, recorded with the deed, that preexisting connections on the site will be closed and eliminated after construction of each side of a joint use driveway.

(4)

The City may modify or waive the requirements of this section where the characteristics or layout of abutting properties would make a development of a unified or shared access and circulation system impractical.

e.

Phased developments. Development sites under the same ownership or consolidated for the purpose of development and comprising more than one building site, shall be reviewed as a single property for the purpose of complying with access standards. The number of access points permitted shall be the minimum number necessary to provide reasonable access to the site, not the minimum for that frontage.

f.

Corner lots. Corner lots shall be required to locate motor vehicle accesses on the street with the lower functional classification when feasible provided such access will not be located within the functional area of the intersection. This requirement may be waived or modified when a commercial use would be required to take access from a street in a residential neighborhood.

g.

Nonconforming access features. Legal access connections in place when this title was adopted that do not conform with the standards herein are considered nonconforming features and shall be brought into compliance with applicable standards when new access connection permits are requested or when there is a change in use or enlargement or improvement that will increase trip generation.

5.

Driveway standards.

a.

If the driveway is one-way in or out, the minimum width shall be ten feet and appropriate sign(s) designating the driveway as a one-way connection shall be provided.

b.

For two-way accesses, each lane shall have a minimum width of ten feet. The maximum width for a driveway access, including both lanes, is 35 feet for both lanes.

c.

The length of a driveway shall be designed in accordance with the anticipated storage length of entering and exiting vehicles to prevent vehicles from backing into the flow of traffic on the public street or causing unsafe conflicts with on site circulation.

6.

Utilities. All electrical, telephone and cable television utility service installations or connections made as part of new construction of a building or structure shall be underground in accordance with city standards.

7.

Easements. An applicant should discuss with the city planning official the likelihood that any easement will be required prior to making application. When an easement is required based on findings that justify the easement, the following standards shall apply:

a.

Pedestrian easements. In order to facilitate pedestrian access from streets, lots, or developments to schools, parks, nearby streets, or other developments, an easement no less than ten feet wide with a paved pathway no less than six feet shall be required. Any sight obscuring barrier such as a fence or planting at the edge of the easement shall not exceed three feet in height in order to maintain visibility of the walkway from adjacent properties.

b.

Open space easements. An open space easement may be required over areas in private ownership of the floodplain or areas with unique natural conditions. Such easement shall preclude development of the area when limiting the use of a property is determined to be in the public interest.

c.

General public easements. When topography or other conditions make impractical the location of drainage facilities, sanitary sewer or water lines within the public street right-of-way, an unobstructed easement shall be provided across a property. Easements shall be of sufficient width to safely excavate buried facilities, but generally shall be no less than 15 feet in width.

C.

Special site and building design standards.

1.

Building orientation and architectural features.

a.

The primary building and entry shall be oriented toward the fronting street. On corner lots, building entrances shall face the primary fronting street or the corner.

b.

The primary building shall incorporate ground floor windows along the fronting street facades, with at least 20 percent of the fronting wall consisting of display areas, windows or doorways.

c.

Building facades facing a street shall include changes in relief such as cornices, columns, gables, bay windows, recessed entryways, or similar architectural or decorative elements.

d.

A drive-through window or use shall be oriented to the side or rear of a building and shall be designed to minimize conflicts with pedestrians and vehicles.

2.

Off-street parking, loading and unloading. See Chapter 9 of this title for specific design standards for parking spaces and parking areas.

a.

Off-street parking shall not be located within five feet of a property line separating the subject property from a public street.

b.

Existing or proposed off-street parking areas between the front or side of a building and the public right-of-way shall be separated from the right-of-way with a minimum three-foot-wide landscape strip (see landscape requirements).

c.

Parking bumpers shall be set at least six feet from the right-of-way for parking spaces established perpendicular to the right-of-way. Parking bumpers shall be securely fastened to the ground.

d.

A designated area (or areas) for loading and/or unloading of materials or freight shall be provided to ensure all such activities occur entirely on site.

e.

Parking or loading areas which abut a residential zone along a rear or side property line shall be separated from the property line by a five-foot-wide landscaped area and a six-foot-high fence or wall to buffer the residential property.

3.

Bicycle and pedestrian facilities and easements.

a.

Bicycle or pedestrian easements and/or improvements may be required if a portion of the subject property is included in the comprehensive plan as necessary to complete a planned bicycle or pedestrian pathway or trail, or to accommodate a portion thereof; or if findings justify the need to address anticipated impacts from the proposed development.

b.

Developments shall provide an on site pedestrian circulation system that connects building entrances, public sidewalks, bicycle and automobile parking areas, and parts of the site or abutting properties that may attract pedestrians. Walkways shall maintain a clear width of at least five feet and shall be separated from vehicles by curbs, raised bumpers, planter strips or similar barriers. Walkways through parking areas or crossing driveways shall be clearly identified by a different material or pavement markings, or both. Walkways shall be in clearly visible locations to promote safety. Walkways shall be hard surfaced.

4.

Landscaping, lighting and outdoor storage.

a.

At least ten percent of the site shall be landscaped. A minimum three-foot-wide landscape strip along street frontages and building fronts must be included in the landscape plan to accommodate surface water runoff from the site and to enhance the street appearance of the development.

b.

Landscaping shall include ground cover material such as decorative rock, bark or lawn, and at least two of the following landscape elements: flowers, decorative shrubs, trees, boulders or decorative lighting.

c.

Landscaped areas shall be provided with automatic irrigation unless a letter from a licensed landscape architect is submitted with the landscape plan certifying that the selected landscape plants will survive without irrigation.

d.

Parking areas shall be landscaped as prescribed in subsection 10-9-2 D. of this title.

e.

Lighting may be required on the site, such as between parking areas and buildings or along walkways, based on findings that justify the need to protect the public health, safety or welfare. All on site lighting shall be shielded to prevent off site glare or nuisance to traffic or neighboring properties.

f.

Outdoor storage and garbage collection areas shall be entirely screened with a six-foot-high sight obscuring fence, wall or vegetation. Outdoor storage and garbage collection areas shall not be permitted within a required vision clearance area.

g.

Annual renewal of a business license for a commercial use shall be contingent upon satisfactory maintenance of landscaped areas approved as part of the site plan or conditional use review for the use.

5.

Vision clearance area and fences. See Section 10-11-4 and subsection 10-11-1 B. of this title.

6.

Signs. See Title 8, Chapter 2 of this Code.

(Ord. No. 799, 11-3-2015; Ord. No. 856, § 2, 5-3-2022)

The purpose of the general commercial gateway subdistrict is to implement provisions of the interchange area management plan (IAMP) including the realignment of Brownell Boulevard and the future redevelopment of the port of entry site following its planned eventual relocation through the use of measures intended to limit high volume traffic generating uses, carefully manage accesses, and to improve the aesthetic "gateway" nature of the area through attractive landscaping, lighting and other visual enhancement measures.

A.

Applicability. The provisions of this section shall be applicable only to development on the port of entry site (5N28E17AD tax lot 100; 5N28E17AA tax lot 701; 5N28E16BB tax lots 8700, 8600, 8200, 8000, 7800; 5N28E16BC tax lot 100).

The provisions and requirements of the general commercial zone shall be applicable to this site, except as modified in this section.

B.

Development approval. Development proposals within the general commercial gateway subdistrict must reflect and implement the realignment of Brownell Boulevard as planned for in the I-82/U.S. 730 Interchange Area Management Plan (IAMP). Narratives, plans and drawings submitted pursuant to Section 10-4D-9 of this article for development proposals within the gateway subdistrict must collectively address the location, timing and financing of the realignment of Brownell Boulevard through the site, consistent with the IAMP.

C.

Conditional uses permitted. In the gateway subdistrict, the following uses and their accessory uses may be permitted subject to the provisions of Chapter 12 of this title:

Drive-through uses.

D.

Uses prohibited. The following uses are prohibited in the general commercial gateway subdistrict:

Adult entertainment business or use (see Section 10-1-6, "Definitions", of this title).

Any use related to the production, processing or retail sale of marijuana for recreational or medical use, including medical marijuana dispensaries.

Automobile service station.

Commercial uses that are not conducted wholly within an enclosed building, including uses that require outdoor storage or display of products such as lumberyards and plant nurseries. Outdoor seating that is secondary to an eating establishment use is an exception and shall be permitted.

Junkyard (scrap yard, recycling station).

Manufactured home sales.

Modular home sales.

Motor vehicle sales lots, including recreational vehicle sales.

Self-service storage.

Tire store.

Truck stop.

Vehicle repair.

E.

Development standards.

1.

Setbacks.

a.

Maximum front and side yard setback: Ten feet.

b.

Minimum setback: Zero feet.

c.

Build-to line: Zero feet. At least one primary building entrance shall be built no farther from the street right-of-way than the build-to line; except where a greater setback is required for a planned street improvement, then the build-to line increases proportionately. The build-to line may be increased through site review when pedestrian amenities are provided between a primary building entrance and the street right-of-way.

2.

Building orientation. Buildings shall have at least one primary entrance oriented toward the street. New buildings located adjacent to the realigned Brownell Boulevard shall be designed with building fronts, which include display windows, facing the street.

3.

Maximum building height. 35 feet.

a.

Maximum building height may be adjusted through the site review process if approved by the Umatilla rural fire protection district.

4.

Parking. Parking shall not be located between the building and a public street.

5.

Landscaping.

a.

Landscaping requirements. A minimum of ten percent of lot area shall be devoted to landscaping. The minimum dimension of any landscaped area shall be five feet. Landscaping shall be located between a structure and the fronting street, or as best provides a pleasant environment for pedestrians. Required landscaping in parking areas may contribute to the ten percent requirement.

b.

Parking areas. A minimum of ten percent of the total surface area of all parking areas, as measured around the perimeter of all parking spaces and maneuvering areas, shall be landscaped. Such landscaping shall consist of "evenly distributed" shade trees and shrubs and/or ground cover plants. "Evenly distributed" means that the trees and other plants are distributed around the parking lot perimeter and between parking bays to provide a partial canopy. At a minimum, one tree per six parking spaces on average shall be planted to create a partial tree canopy over and around the parking area. All parking areas with more than 20 spaces shall include landscape islands with trees to break up the parking area into rows of not more than 12 contiguous parking spaces. All parking area landscapes shall have dimensions of not less than 24 square feet of area, or not less than four feet in width by six feet in length, to ensure adequate soil, water, and space for healthy plant growth.

c.

Vegetative requirements. At least 75 percent of the required landscape area must be covered by plant material, lawn, and trees. Pedestrian amenities, such as benches, plazas, fountains, and sculptures, may replace up to ten percent of the required vegetative area.

d.

Irrigation. Maintained landscaped areas shall be provided with automatic irrigation unless a qualified landscape professional certifies that plants will survive without irrigation.

6.

Lighting.

a.

Parking areas shall have lighting to provide at least two foot-candles of illumination over parking spaces and walkways. Light standards shall be directed downward only and shielded to prevent lighting spillover into any adjacent residential district or use.

b.

Pedestrian oriented lighting shall be required on the Brownell Boulevard realignment. Lighting shall be similar in scale and design to example shown in Figure 10-1 on file in the City.

c.

Lighting fixtures shall be limited to heights of 24 feet for parking lots and 16 feet for pedestrian walkways.

(Ord. No. 799, 11-3-2015)

All uses permitted in the GC zone are subject to site plan design review. The purpose of site plan design review is to provide a process to review proposals to verify that compliance with the property development standards of the GC zone under Sections 10-4D-7 and 10-4D-8 of this article will be met, along with any other applicable provisions of this Code, or the comprehensive plan.

A.

Permitted uses. In the GC zone, site plan design review for a use permitted outright or for a use permitted subject to standards shall follow the public notice and review procedures in subsections 10-14-2 B. and 10-14-6 B. of this title for a Type II decision, and the notice of decision requirements under Section 10-14-8 of this title.

B.

Conditional uses. Site plan design review shall be incorporated into the Type III review process required for all conditional uses permitted in the GC zone. A Type III decision includes the procedures under subsection 10-14-6 C., and Sections 10-14-7 and 10-14-8 of this title.

C.

Application requirements. An application for site plan design review only, or in conjunction with a conditional use request, shall include the information and materials listed under Section 10-14-4 of this title.

(Ord. No. 799, 11-3-2015)

The purpose of the highway commercial (HC) zone is to provide for commercial uses, including those exceeding 50,000 square feet, and generally requiring large sites in areas that rely primarily on vehicle traffic and high visibility and which can accommodate all required parking and other associated activities on site. The intent of the HC zone is to allow for a full range of commercial retail, wholesale and service uses in a manner that aesthetically enhances the site and the surrounding area and that may include indoor and outdoor storage or display of goods.

(Ord. No. 799, 11-3-2015)

A.

Types of uses. Within the HC zone, uses are classified as "permitted", "permitted with standards", and "conditional". Further, uses are functionally classified by the description of the particular activity (such as "single-family residence") or by the general category with reference to the "North American Industry Classification System" (NAICS). Permitted and conditional uses shall be of a size and scale to meet the purpose and intent of the HC zone.

B.

North American Industry Classification System (NAICS). Uses functionally classified with reference to the NAICS are described with the NAICS index number. Some activities, otherwise included under the NAICS category, may be specifically excluded by this article. The excluded activity will be placed in the general NAICS category, but identified by the preceding words - "but (or and) excluding". For example, "food store (54), but excluding freezer and locker meat provisioners".

C.

Interpretation of uses. Where a use is not described with reference to the NAICS or otherwise defined in Section 10-1-6 of this title, the words of this zoning ordinance describing such use are to be given their ordinarily accepted meaning, except where the context in which they are used otherwise clearly requires.

D.

Prohibited uses. Uses not specifically identified as permitted, permitted with standards, or conditionally permitted within the zone, or otherwise allowed through interpretation, shall be considered prohibited uses. A use specifically permitted in one zone, but not another, shall not be interpreted as being permitted in another zone under a different classification.

(Ord. No. 799, 11-3-2015)

The following uses and their accessory uses are permitted in the HC zone subject to the property development standards of the HC zone, and the site plan design review requirements and procedures under Sections 10-4E-7 and 10-4E-8 of this article:

A.

Specialty trade contractors (238).

B.

Automobile dealers (4411) and other motor vehicle dealers (4412).

C.

Automotive parts, accessories and tire stores (4413).

D.

Furniture and home furnishings (442).

E.

Electronic and appliance stores (443).

F.

Building materials and supplies dealers (4441).

G.

Lawn and garden equipment and supplies stores (4442).

H.

Grocery stores (4451) and specialty food stores (4452).

I.

Beer, wine and liquor stores (4453).

J.

Health and personal care stores (4461).

K.

Clothing stores (4481), shoe stores (4482) and jewelry, luggage and leather goods stores (4483).

L.

Sporting goods, hobby, and musical instruments stores (4511).

M.

Bookstores and news dealers (4512).

N.

Department stores (45211) and other general merchandise stores (45291).

O.

Miscellaneous store retailers (453).

P.

Taxi and limousine service (4853).

Q.

Motor vehicle towing (48841).

R.

Couriers and express delivery services (4921) and local messengers and local delivery (4922).

S.

Information industries - except internet (51).

T.

Finance and insurance (52).

U.

Real estate (531).

V.

Rental and leasing services (532).

W.

Professional, scientific, and technical services (541) except veterinary services (54194).

X.

Administrative and support services (561).

Y.

Educational services (611).

Z.

Healthcare services (621) but excluding outpatient care centers (6214) and ambulance services (62191).

AA.

Social assistance services (624) limited to the following:

1.

Individual and family services (6241).

2.

Vocational rehabilitation services (6243).

BB.

Performing arts companies (7111).

CC.

Fitness and recreational sports centers (71394).

DD.

Bowling centers (71395).

EE.

Public recreational park, facility or trail, provided:

1.

The site is inventoried in the comprehensive plan for park, trail or other recreational purposes.

2.

Development of the park, facility or trail will be in accordance with an adopted master development plan for the park, facility or trail.

FF.

Hotels (72111).

GG.

Food services and drinking places (722).

HH.

Repair and maintenance (811).

II.

Personal care services (8121 - examples include barbershops and beauty salons).

JJ.

Death care services (8122) but excluding cemeteries (81222).

KK.

Dry cleaning and laundry services (8123) except industrial launderers (812332).

LL.

Other personal services (8129) limited to the following:

1.

Pet care (except veterinary) services (81291).

2.

Photofinishing (81292).

MM.

Grant making, civic, professional, and similar organizations (813) but excluding religious organizations (8131).

(Ord. No. 799, 11-3-2015)

The following uses and their accessory uses are permitted in the HC zone subject to the standards listed thereunder, the property development standards of the HC zone, and the site plan design review requirements and procedures under Sections 10-4E-7 and 10-4E-8 of this article, unless otherwise specified for the use:

A.

Creation of a new city, county or state road, or realignment of an existing city, county or state road or any portion thereof and which does not involve a land partition, subject to the following:

1.

The road or realignment complies with applicable street standards, as specified in the comprehensive plan or other implementing ordinances and the City's public works standards, for the existing or intended street classification.

2.

Review for compliance with the requirements under subsection A.1. of this section, shall be subject to the procedures and requirements for a Type III decision.

3.

The use is subject to inspections, as determined by the City Public Works Director, to certify that all improvements have been constructed to city standards.

B.

Gasoline stations (4471) subject to the following standards:

1.

The minimum area for a gasoline service station site is 15,000 square feet; the maximum area is 30,000 square feet.

2.

The maximum street frontage for a gasoline service station site on a corner lot shall be 120 feet.

3.

A service station shall not be constructed within 640 linear feet of any part of a building housing another gasoline service station.

C.

General freight trucking, local (48411) subject to the following standard:

1.

The maximum site area is limited to 90,000 square feet.

D.

Warehousing and storage (4931) subject to the following standard:

1.

The maximum site area is limited to 120,000 square feet.

E.

Local utility distribution facilities (see Section 10-1-6, "Definitions", of this title), subject to the following:

1.

A permit for the proposed distribution line or facility has been obtained from the public works director in accordance with the requirements of Title 7 of this Code, prior to construction.

(Ord. No. 799, 11-3-2015)

The following conditional uses are permitted in the HC zone subject to the property development standards of the HC zone, the decision criteria and any additional applicable standards in Chapter 12 of this title specific to the use, and the site plan design review requirements and procedures under Sections 10-4E-7 and 10-4E-8 of this article.

The applicant bears the burden of proof for demonstrating, based on factual information and arguments, how the proposed use complies with all standards and decision criteria upon which the Planning Commission must base its decision.

A.

Motor vehicle and motor vehicle parts and supplies merchant wholesalers (4231).

B.

Furniture and home furnishing merchant wholesalers (4232).

C.

Lumber and other construction materials merchant wholesalers (4233).

D.

Professional and commercial equipment and supplies merchant wholesalers (4234).

E.

Household appliances and electrical and electronic goods merchant wholesalers (4236).

F.

Hardware, and plumbing and heating equipment and supplies merchant wholesalers (4237).

G.

Machinery, equipment, and supplies merchant wholesalers (4238).

H.

Miscellaneous durable goods merchant wholesalers (4239), except recyclable material merchant wholesalers (42393).

I.

Paper and paper products merchant wholesalers (4241).

J.

Drugs and druggists' sundries merchant wholesalers (4242).

K.

Apparel, piece goods, and notions merchant wholesalers (4243).

L.

Grocery and related product merchant wholesalers (4244).

M.

Beer, wine, and distilled alcoholic beverage merchant wholesalers (4248).

N.

Miscellaneous nondurable goods merchant wholesalers (4249).

O.

Wholesale electronic markets and agents and brokers (4251).

P.

Adult entertainment business or use (see Section 10-1-6, "Definitions", of this title), subject to the following:

1.

The use will not be located within 1,000 feet of a private or public elementary, middle or high school.

2.

The use will not be located within 600 feet of a similar adult entertainment business or use.

3.

The distance referred to in subsections P.1. and P.2. of this section shall be measured in a straight line, without regard to intervening structures or obstructions, from the closest point of the property containing the adult entertainment business or use to the closest point of the protected property.

Q.

Warehouse clubs and supercenters (45291).

R.

Medical marijuana dispensary or marijuana retailer (see Section 10-1-6, "Definitions", of this title), subject to the following:

1.

The use will not be located at the same address as a registered grow site.

2.

The use will not be located within 1,000 feet of a private or public elementary, middle or high school, public library or designated city park.

3.

The use will not be located within 1,000 feet of another medical marijuana dispensary or marijuana retailer.

4.

The distance referred to in subsections R.2. and R.3. of this section shall be measured in a straight line, without regard to intervening structures or obstructions, from the closest point of the property containing the marijuana dispensary or related facility to the closest point of the protected property.

S.

General freight trucking, long distance (48412).

T.

Specialized freight trucking (4842).

U.

Postal service (4911).

V.

Veterinary services (54194).

W.

Outpatient care centers (6214).

X.

Ambulance services (62191).

Y.

Hospitals (622).

Z.

Nursing and residential care facilities (623).

AA.

Community food, housing, emergency and other relief services (6242).

BB.

Child daycare services (6244).

CC.

Museums, historical sites and similar institutions (7121).

DD.

Amusement parks and arcades (7131).

EE.

Gambling industries (7132); examples include bingo halls, off track betting parlors or gambling device arcades or parlors.

FF.

Golf course and country clubs (71391).

GG.

Other amusement and recreations industries (71399).

HH.

Public recreational park, facility or trail not identified in the comprehensive plan and included within a master development plan.

II.

Motels (72111).

JJ.

RV parks and recreational camps (7212).

KK.

Death care services (8122) but excluding cemeteries (81222).

LL.

Parking lots and garages (81293).

MM.

Religious organizations (8131).

NN.

Public administration and government facilities and services (92).

OO.

Multi-tenant commercial/office building (see Section 10-1-6, "Definitions", of this title).

PP.

Major utility facilities (see Section 10-1-6, "Definitions", of this title).

QQ.

Mobile food vendor pods (722330).

(Ord. No. 799, 11-3-2015; Ord. No. 836, 6-4-2019)

Reserved.

(Ord. No. 799, 11-3-2015)

The following property development standards apply to all new developments in the HC zone and are intended to provide a consistent development pattern that ensures a safe, orderly, efficient, economically viable and aesthetically pleasing environment throughout each zone district.

Existing developed properties are expected to meet these requirements to the extent reasonably possible. Similar to findings that demonstrate how a development proposal meets applicable standards, findings shall also justify why a proposal is not able to meet applicable standards for existing developed properties or structures. Cost may be considered, but shall not be the sole determinant if the cost is reasonable within the overall scope of the development proposal.

A.

Basic site development standards.

1.

Minimum lot size and lot width; building setbacks; maximum building height and site coverage.

B.

Site development impact standards.

1.

Traffic impact analysis. A traffic impact analysis meeting the requirements under subsection 10-11-10 C. of this title shall be required to be submitted to the City with a land use application, when the community development director determines that the application involves one or more of the following actions:

a.

A change in zoning or plan amendment designation; or

b.

The proposal is projected to cause one or more of the following effects, which can be determined by field counts, site observation, traffic impact analysis or study, field measurements, crash history, Institute of Transportation Engineers' "Trip Generation Manual"; and information and studies provided by the local reviewing jurisdiction and/or ODOT:

(1)

An increase in site traffic volume generation by 250 average daily trips (ADT) or more (or as required by the City Engineer). The latest edition of the "Trip Generation Manual", published by the Institute of Transportation Engineers (ITE) shall be used as standards by which to gauge average daily vehicle trips; or

(2)

An increase in use of adjacent streets by vehicles exceeding the 20,000 pounds' gross vehicle weight by ten vehicles or more per day; or

(3)

The location of the access driveway does not meet minimum intersection sight distance requirements, or is located where vehicles entering or leaving the property are restricted, or vehicles queue or hesitate, creating a safety hazard; or

(4)

The location of the access driveway does not meet the access spacing standard of the roadway on which the driveway is located; or

(5)

A change in internal traffic patterns that may cause safety problems, such as backup onto the highway or traffic crashes in the approach area.

2.

Floodplain, wetland and riparian areas. See Chapter 7 of this title and Title 12 of this Code. The requirements under Chapter 7 of this title and Title 12 of this Code are triggered when development is proposed within a designated floodplain or riparian area as identified by the official flood insurance rate map (FIRM) prepared by the U.S. Federal Emergency Management Agency (FEMA); or when property contains wetland areas as identified on the National Wetlands Inventory (NWI) map prepared by the U.S. Fish and Wildlife Service (USFWS).

3.

Stormwater surface drainage.

a.

Surface water runoff shall be handled on site through the use of landscaped areas, grassy swales or similar natural features to the extent reasonably feasible. Where surface water runoff cannot be entirely managed on site, adequate provisions shall be made so that runoff will not adversely affect the use of adjoining or downstream properties, unless a drainage easement has been obtained.

b.

Where it is anticipated by the City Public Works Director that the additional runoff resulting from a proposed development will overload an existing drainage facility, the City shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with city standards.

c.

In order to accommodate upstream drainage, culverts and other drainage facilities shall be large enough to accommodate existing and potential future runoff from the entire upstream drainage area, whether inside or outside the development. Such facilities shall be subject to review and approval by the City Public Works Director.

4.

Vehicle access, driveway and circulation standards.

a.

New vehicle access connections. New access connections shall not be permitted within the functional area (see Section 10-1-6, "Definitions", of this title) of an intersection or interchange as defined by the connection spacing standards of this title, the comprehensive plan and public works standards, unless no other reasonable access to the property is available. See also subsection 10-11-4 C. of this title regarding vision clearance areas.

b.

Access connections. Where no other alternative exists, the City may allow construction of an access connection along the property line farthest from the intersection. In such cases, directional connections (i.e., right in/out, right in only, or right out only) may be required.

c.

Cross access drives, pedestrian access. Adjacent commercial or office properties such as shopping plazas and office parks that are major traffic generators shall provide a cross access drive and pedestrian access to allow circulation between sites.

d.

Separation distance. The City may reduce the required separation distance of access points where they prove impractical, provided all of the following requirements are met:

(1)

Joint access driveways and cross access easements are provided.

(2)

The site plan incorporates a unified access and circulation system.

(3)

The property owner enters into a written agreement with the City, recorded with the deed, that preexisting connections on the site will be closed and eliminated after construction of each side of a joint use driveway.

(4)

The City may modify or waive the requirements of this section where the characteristics or layout of abutting properties would make a development of a unified or shared access and circulation system impractical.

e.

Phased developments. Development sites under the same ownership or consolidated for the purpose of development and comprising more than one building site, shall be reviewed as a single property for the purpose of complying with access standards. The number of access points permitted shall be the minimum number necessary to provide reasonable access to the site, not the minimum for that frontage.

f.

Corner lots. Corner lots shall be required to locate motor vehicle accesses on the street with the lower functional classification when feasible provided such access will not be located within the functional area of the intersection. This requirement may be waived or modified when a commercial use would be required to take access from a street in a residential neighborhood.

g.

Nonconforming access features. Legal access connections in place when this title was adopted that do not conform with the standards herein are considered nonconforming features and shall be brought into compliance with applicable standards when new access connection permits are requested or when there is a change in use or enlargement or improvement that will increase trip generation.

5.

Driveway standards.

a.

If the driveway is one-way in or out, the minimum width shall be ten feet and appropriate sign(s) designating the driveway as a one-way connection shall be provided.

b.

For two-way accesses, each lane shall have a minimum width of ten feet. The maximum width for a driveway access, including both lanes, is 35 feet for both lanes.

c.

The length of a driveway shall be designed in accordance with the anticipated storage length of entering and exiting vehicles to prevent vehicles from backing into the flow of traffic on the public street or causing unsafe conflicts with on site circulation.

6.

Utilities. All electrical, telephone and cable television utility service installations or connections made as part of new construction of a building or structure shall be underground in accordance with city standards.

7.

Easements. An applicant should discuss with the city planning official the likelihood that any easement will be required prior to making application. When an easement is required based on findings that justify the easement, the following standards shall apply:

a.

Pedestrian easements. In order to facilitate pedestrian access from streets, lots, or developments to schools, parks, nearby streets, or other developments, an easement no less than ten feet wide with a paved pathway no less than six feet shall be required. Any sight obscuring barrier such as a fence or planting at the edge of the easement shall not exceed three feet in height in order to maintain visibility of the walkway from adjacent properties.

b.

Open space easements. An open space easement may be required over areas in private ownership of the floodplain or areas with unique natural conditions. Such easement shall preclude development of the area when limiting the use of a property is determined to be in the public interest.

c.

General public easements. When topography or other conditions make impractical the location of drainage facilities, sanitary sewer or water lines within the public street right-of-way, an unobstructed easement shall be provided across a property. Easements shall be of sufficient width to safely excavate buried facilities, but generally shall be no less than 15 feet in width.

C.

Special site and building design standards.

1.

Building orientation and architectural features.

a.

The primary building and entry shall be oriented toward the fronting street. On corner lots, building entrances shall face the primary fronting street or the corner.

b.

The primary building shall incorporate ground floor windows along the fronting street facades, with at least 20 percent of the fronting wall consisting of display areas, windows or doorways.

c.

Building facades facing a street shall include changes in relief such as cornices, columns, gables, bay windows, recessed entryways, or similar architectural or decorative elements.

d.

A drive-through window or use shall be oriented to the side or rear of a building and shall be designed to minimize conflicts with pedestrians and vehicles.

2.

Off-street parking, loading and unloading. See Chapter 9 of this title for specific design standards for parking spaces and parking areas.

a.

Off-street parking shall not be located within five feet of a property line separating the subject property from a public street.

b.

Existing or proposed off-street parking areas between a building and a public street right-of-way shall be separated from the right-of-way with a minimum three-foot-wide landscape strip (see landscape requirements).

c.

Parking bumpers shall be set at least six feet from the right-of-way for parking spaces established perpendicular to the right-of-way. Parking bumpers shall be securely fastened to the ground.

d.

A designated area (or areas) for loading and/or unloading of materials or freight shall be provided to ensure all such activities occur entirely on site.

e.

Parking or loading areas which abut a residential zone along a rear or side property line shall be separated from the property line by a six-foot-wide landscaped area and a fence or wall six feet in height to buffer the residential property.

3.

Bicycle and pedestrian facilities and easements.

a.

Bicycle or pedestrian easements and/or improvements may be required if a portion of the subject property is included in the comprehensive plan as necessary to complete a planned bicycle or pedestrian pathway or trail, or to accommodate a portion thereof; or if findings justify the need to address anticipated impacts from the proposed development.

b.

Developments shall provide an on site pedestrian circulation system that connects building entrances, public sidewalks, bicycle and automobile parking areas, and parts of the site or abutting properties that may attract pedestrians. Walkways shall maintain a clear width of at least five feet and shall be separated from vehicles by curbs, raised bumpers, planter strips or similar barriers. Walkways through parking areas or crossing driveways shall be clearly identified by a different material or pavement markings, or both. Walkways shall be in clearly visible locations to promote safety. Walkways shall be hard surfaced.

4.

Landscaping, lighting and outdoor storage.

a.

At least ten percent of the site shall be landscaped. A minimum three-foot-wide landscape strip along street frontages and building fronts must be included in the landscape plan to accommodate surface water runoff from the site and to enhance the street appearance of the development.

b.

Landscaping shall include ground cover material such as decorative rock, bark or lawn, and at least two of the following landscape elements: flowers, decorative shrubs, trees, boulders or decorative lighting.

c.

Landscaped areas shall be provided with automatic irrigation unless a letter from a licensed landscape architect is submitted with the landscape plan certifying that the selected landscape plants will survive without irrigation.

d.

Pedestrian amenities, such as benches, plazas, fountains, and sculptures that are high quality and provided for public use or enjoyment, may replace up to one-fourth of the required landscaping, but shall not replace required landscaping along street frontages or building fronts.

e.

Parking areas shall be landscaped as prescribed in subsection 10-9-2 D. of this title.

f.

Lighting may be required on the site, such as between parking areas and buildings or along walkways, based on findings that justify the need to protect the public health, safety or welfare. All on site lighting shall be shielded to prevent off site glare or nuisance to traffic or neighboring properties.

g.

Outdoor storage and garbage collection areas shall be entirely screened with a six-foot-high sight obscuring fence, wall or vegetation. Outdoor storage and garbage collection areas shall not be permitted within a required vision clearance area.

h.

Annual renewal of a business license for a commercial use shall be contingent upon satisfactory maintenance of landscaped areas approved as part of the site plan or conditional use review for the use.

5.

Vision clearance area and fences. See Section 10-11-4 and subsection 10-11-1 B. of this title.

6.

Signs. See Title 8, Chapter 2 of this Code.

(Ord. No. 799, 11-3-2015; Ord. No. 856, § 2, 5-3-2022)

All uses permitted in the HC zone are subject to site plan design review. The purpose of site plan design review is to provide a process to review proposals to verify that compliance with the property development standards of the HC zone under Section 10-4E-7 of this article will be met, along with any other applicable provisions of this Code, or the comprehensive plan.

A.

Permitted uses. In the HC zone, site plan design review for a use permitted outright or for a use permitted subject to standards shall follow the public notice and review procedures in subsections 10-14-2 B. and 10-14-6 B. of this title for a Type II decision, and the notice of decision requirements under Section 10-14-8 of this title.

B.

Conditional uses. Site plan design review shall be incorporated into the Type III review process required for all conditional uses permitted in the GC zone. A Type III decision includes the procedures under subsection 10-14-6 C., and Sections 10-14-7 and 10-14-8 of this title.

C.

Application requirements. An application for site plan design review only, or in conjunction with a conditional use request, shall include the information and materials listed under Section 10-14-4 of this title.

(Ord. No. 799, 11-3-2015)

The purpose of the McNary Center Mixed Use (MC) Zone is to allow for a mix of residential, and small- to medium-scale commercial retail, service and professional developments intended to provide convenient shopping, access to needed services, professional office space, and recreational opportunities within reasonable walking distance from all neighborhoods in McNary and which are at a scale appropriate for the McNary area.

(Ord. No. 799, 11-3-2015)

A.

Types of uses. Within the MC Zone, uses are classified as "permitted," "permitted with standards," and "conditional." Further, uses are functionally classified by the description of the particular activity (such as "single-family residence") or by the general category with reference to the "North American Industry Classification System" (NAICS). Permitted and conditional uses shall be of a size and scale to meet the purpose and intent of the MC Zone.

B.

North American Industry Classification System (NAICS). Uses functionally classified with reference to the NAICS are described with the NAICS index number. Some activities, otherwise included under the NAICS category, may be specifically excluded by this Ordinance. The excluded activity will be placed in the general NAICS category, but identified by the preceding words - "BUT (or AND) EXCLUDING." For example, "Food store (54), BUT EXCLUDING freezer and locker meat provisioners."

C.

Interpretation of uses. Where a use is not described with reference to the NAICS or otherwise defined in Section 10-1-6, the words of this zoning ordinance describing such use are to be given their ordinarily accepted meaning, except where the context in which they are used otherwise clearly requires.

D.

Prohibited uses. Uses not specifically identified as permitted, permitted with standards, or conditionally permitted within the zone, or otherwise allowed through interpretation, shall be considered prohibited uses. A use specifically permitted in one zone, but not another, shall not be interpreted as being permitted in another zone under a different classification.

(Ord. No. 799, 11-3-2015)

The following uses and their accessory uses are permitted outright in the MC Zone subject to the property development standards of the MC Zone, and the site plan design review requirements and procedures under Sections 10-4F-7 and 10-4F-8.

A.

Specialty food stores (4452).

B.

Pharmacies and drug stores (44611).

C.

Cosmetics, beauty supplies, and perfume stores (44612).

D.

Optical goods (44613).

E.

Food (health) supplement and other health and personal care stores (44619).

F.

Book stores and news dealers (4512).

G.

Florists (4531).

H.

Motion picture theaters (512131).

I.

Sound recording industries (5122).

J.

Radio and television broadcasting (5151).

K.

Data processing, hosting and related services (5182).

L.

Legal services (5411).

M.

Specialized design services (5414).

N.

Computer systems design and related services (5415).

O.

Accounting, tax preparation, bookkeeping and payroll services (5412).

P.

Architecture, engineering and related services (5413) without testing lab.

Q.

Photographic services (54192).

R.

Translation and interpretation services (54193).

S.

Office administrative services (5611).

T.

Investigation and security services (5616).

U.

Language schools (61163).

V.

Educational support services (6117).

W.

Offices of physicians, dentists and other health practitioners (6211, 6212 and 6213).

X.

Restaurants and other eating places* (7225) but excluding mobile food services (72233).

*Includes food services where meals are the primary service or attraction provided and which may include beer, wine or other alcoholic beverages that are incidental to meals. May include a portion of the premises that is age-restricted due to serving alcoholic beverages that is not separated from view of the remainder of the premises.

Y.

Public recreational park, facility or trail, provided:

1.

The site is inventoried in the Comprehensive Plan for park, trail or other recreational purposes.

2.

Development of the park, facility or trail will be in accordance with an adopted master development plan for the park, facility or trail.

Z.

Personal care services (8121) - examples include barber shops and beauty salons.

AA.

Dry cleaning and laundry services (81232) except coin-operated.

BB.

Pet care (except veterinary) services (81291).

CC.

Photofinishing (81292).

DD.

Civic and social organizations (8134).

(Ord. No. 799, 11-3-2015)

The following uses and their accessory uses are permitted in the MC Zone subject to the standards listed thereunder, the property development standards of the MC Zone, and the site plan design review requirements and procedures under Sections 10-4F-7 and 10-4F-8, unless otherwise specified for the use.

A.

Residential Use, subject to the following:

1.

The use will be situated on the second story or above within a building in which the ground floor is occupied by or readily available for commercial use.

2.

Off-street parking requirements meeting city standards are provided for the use separate from those required for ground floor commercial uses.

3.

The residential use will comply with applicable building, fire and other safety codes as mandated by local, state or federal laws.

B.

Creation of a new city, county or state road, or realignment of an existing city, county or state road or any portion thereof and which does not involve a land partition, subject to the following:

1.

The road or realignment complies with applicable street standards, as specified in the Comprehensive Plan or other implementing ordinances and the City's public works standards, for the existing or intended street classification.

2.

Review for compliance with the requirements under subsection 10-4A-4 F.1. above, shall be subject to the procedures and requirements for a Type III decision.

3.

The use is subject to inspections, as determined by the City Public Works Director, to certify that all improvements have been constructed to City standards.

C.

Consumer goods rental (5322), subject to the following standards:

1.

The use is limited to a maximum of 5,000 square feet.

2.

There will be no outside storage or display of goods or materials.

D.

Sports and recreation instruction (61162), subject to the following standards:

1.

The use is limited to a maximum of 10,000 square feet.

E.

Alcoholic beverage drinking places (7224) - examples include pub, tavern, sports bar or nightclub, subject to the following standards:

1.

The use will not be located within 250 feet of a school.

2.

The use will not be located within 100 feet of the right-of-way of Columbia Boulevard westward from its intersection with Willamette Avenue.

F.

Electronic and precision equipment repair and maintenance (8112), subject to the following standards:

1.

The use is limited to a maximum of 5,000 square feet.

2.

At least 15 percent of the building area is used for office use and customer service.

3.

There will be no outside storage of materials.

G.

Personal and household goods repair and maintenance (8114), subject to the following standards:

1.

The use is limited to a maximum of 5,000 square feet.

2.

At least 15 percent of the building area is used for office use and customer service.

3.

There will be no outside storage of materials.

H.

Warehousing and storage (4931), subject to the following standards:

1.

The maximum site area for the use is limited to 40,000 square feet.

2.

Outside storage is limited to recreational vehicles and boats.

I.

Local utility distribution facilities (see definitions), subject to the following:

1.

A permit for the proposed distribution line or facility has been obtained from the Public Works Director in accordance with the requirements of Title 7 of the Municipal Code, prior to construction.

(Ord. No. 799, 11-3-2015; Ord. No. 856, § 2, 5-3-2022)

The following conditional uses may be permitted in the MC Zone subject to the property development standards of the MC Zone, the decision criteria and any additional applicable standards in Chapter 12 specific to the use, and the site plan design review requirements and procedures under Sections 10-4F-7 and 10-4F-8.

The applicant bears the burden of proof for demonstrating, based on factual information and arguments, how the proposed use complies with all standards and decision criteria upon which the Planning Commission must base its decision.

A.

Multi-family dwellings.

B.

Drive-through for any use.

C.

Convenience stores (44512).

D.

Beer, wine and liquor stores (4453).

E.

Gasoline stations (4471).

F.

Used merchandise stores (4533).

G.

Taxi and limousine service (4853).

H.

Postal service (4911).

I.

Local messengers and local delivery (4922).

J.

Commercial banks, savings institutions, credit unions and other depository credit intermediation (5221).

K.

Insurance carriers and related activities (524).

L.

Offices of real estate agents and brokers (5312) and activities related to real estate (5313).

M.

Business schools and computer and management training (6114).

N.

Outpatient care centers (6214).

O.

Home health care services (6216).

P.

Ambulance services (62191).

Q.

Other ambulatory health care services (62199).

R.

Nursing care facilities - skilled (6231).

S.

Continuing care retirement communities and assisted living facilities for the elderly (6233).

T.

Individual and family services (6241).

U.

Community food, housing, emergency and other related services (6242).

V.

Child day care services (6244).

W.

Performing arts companies (7111).

X.

Arcades (7131).

Y.

Fitness and recreation sports centers (71394) and bowling centers (71395).

Z.

Other amusement and recreation industries (71399).

AA.

Public recreational park, facility or trail not identified in comprehensive plan and included in a master development plan.

BB.

Hotels (72111).

CC.

Coin-operated laundries and drycleaners (81231).

DD.

Religious organizations (8131).

EE.

Public administration and government facilities and support services (92).

FF.

Multi-tenant commercial/office building (see Definitions).

GG.

Major utility facilities (see Definitions).

(Ord. No. 799, 11-3-2015)

Reserved.

(Ord. No. 799, 11-3-2015)

The following property development standards apply to all new developments in the MC Zone and are intended to provide a consistent development pattern that ensures a safe, orderly, efficient, economically viable and aesthetically pleasing environment throughout each zone district.

Existing developed properties are expected to meet these requirements to the extent reasonably possible. Similar to findings that demonstrate how a development proposal meets applicable standards, findings shall also justify why a proposal is not able meet applicable standards for existing developed properties or structures. Cost may be considered, but shall not be the sole determinant if the cost is reasonable within the overall scope of the development proposal.

A.

Basic site development standards.

1.

Minimum lot size and lot width; building setbacks; maximum building height and site coverage.

B.

Site development impact standards.

1.

Traffic impact analysis. A traffic impact analysis meeting the requirements under subsection 10-11-10 C. shall be required to be submitted to the City with a land use application, when the Community Development Director determines that the application involves one or more of the following actions:

a.

A change in zoning or plan amendment designation; or

b.

The proposal is projected to cause one or more of the following effects, which can be determined by field counts, site observation, traffic impact analysis or study, field measurements, crash history, Institute of Transportation Engineers Trip Generation manual; and information and studies provided by the local reviewing jurisdiction and/or ODOT:

(1)

An increase in site traffic volume generation by 250 Average Daily Trips (ADT) or more (or as required by the City Engineer). The latest edition of the trip generation manual, published by the Institute of Transportation Engineers (ITE) shall be used as standards by which to gauge average daily vehicle trips; or

(2)

An increase in use of adjacent streets by vehicles exceeding the 20,000 pound gross vehicle weights by ten vehicles or more per day; or

(3)

The location of the access driveway does not meet minimum intersection sight distance requirements, or is located where vehicles entering or leaving the property are restricted, or vehicles queue or hesitate, creating a safety hazard; or

(4)

The location of the access driveway does not meet the access spacing standard of the roadway on which the driveway is located; or

(5)

A change in internal traffic patterns that may cause safety problems, such as back up onto the highway or traffic crashes in the approach area.

2.

Floodplain, wetland and riparian areas. (See Section 10-7; also Title 12.) The requirements under Section 10-7 and Title 12 are triggered when development is proposed within a designated floodplain or riparian area as identified by the official Flood Insurance Rate Map (FIRM) prepared by the U.S. Federal Emergency Management Agency (FEMA); or when property contains wetland areas as identified on the National Wetlands Inventory (NWI) map prepared by the U.S. Fish and Wildlife Service (USFWS).

3.

Stormwater surface drainage.

a.

Surface water run-off shall be handled on-site through the use of landscaped areas, grassy swales or similar natural features to the extent reasonably feasible. Where surface water runoff cannot be entirely managed on-site, adequate provisions shall be made so that run-off will not adversely affect the use of adjoining or downstream properties, unless a drainage easement has been obtained.

b.

Where it is anticipated by the City Public Works Director that the additional runoff resulting from a proposed development will overload an existing drainage facility, the City shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with city standards.

c.

In order to accommodate upstream drainage, culverts and other drainage facilities shall be large enough to accommodate existing and potential future runoff from the entire upstream drainage area, whether inside or outside the development. Such facilities shall be subject to review and approval by the City Public Works Director.

4.

Vehicle access, driveway and circulation standards.

a.

New vehicle access connections. New access connections shall not be permitted within the functional area (see definitions) of an intersection as defined by the connection spacing standards of this title, the Comprehensive Plan and public works standards, unless no other reasonable access to the property is available - see also subsection 10-11-4 C. regarding vision clearance areas.

b.

Access connections. Where no other alternative exists, the City may allow construction of an access connection along the property line farthest from the intersection. In such cases, directional connections (i.e., right in/out, right-in only, or right-out only) may be required.

c.

Cross access drives, pedestrian access. Adjacent commercial or office properties such as shopping plazas and office parks that are major traffic generators shall provide a cross access drive and pedestrian access to allow circulation between sites.

d.

Separation distance. The City may reduce the required separation distance of access points where they prove impractical, provided all of the following requirements are met:

(1)

Joint access driveways and cross access easements are provided.

(2)

The site plan incorporates a unified access and circulation system.

(3)

The property owner enters into a written agreement with the City, recorded with the deed, that pre-existing connections on the site will be closed and eliminated after construction of each side of a joint use driveway.

(4)

The City may modify or waive the requirements of this section where the characteristics or layout of abutting properties would make a development of a unified or shared access and circulation system impractical.

e.

Phased developments. Development sites under the same ownership or consolidated for the purpose of development and comprising more than one building site, shall be reviewed as a single property for the purpose of complying with access standards. The number of access points permitted shall be the minimum number necessary to provide reasonable access to the site, not the minimum for that frontage.

f.

Nonconforming access features. Legal access connections in place when this title was adopted that do not conform with the standards herein are considered nonconforming features and shall be brought into compliance with applicable standards when new access connection permits area requested or when there is a change in use or enlargement or improvement that will increased trip generation.

5.

Driveway standards.

a.

If the driveway is one way in or out, the minimum width shall be ten feet and appropriate sign(s) designating the driveway as a one-way connection shall be provided.

b.

For two-way accesses, each lane shall have a minimum width of ten feet. The maximum width for a driveway access, including both lanes, is 35 feet for both lanes.

c.

The length of a driveway shall be designed in accordance with the anticipated storage length of entering and exiting vehicles to prevent vehicles from backing into the flow of traffic on the public street or causing unsafe conflicts with on-site circulation.

6.

Utilities. All electrical, telephone and cable television utility service installations or connections made as part of new construction of a building or structure shall be underground in accordance with city standards.

7.

Easements. An applicant should discuss with the city planning official the likelihood that any easement will be required prior to making application. When an easement is required based on findings that justify the easement, the following standards shall apply:

a.

Pedestrian easements. In order to facilitate pedestrian access from streets, lots, or developments to schools, parks, nearby streets, or other developments, an easement no less than ten feet wide with a paved pathway no less than six feet shall be required. Any sight obscuring barrier such as a fence or planting at the edge of the easement shall not exceed three feet in height in order to maintain visibility of the walkway from adjacent properties.

b.

Open space easements. An open space easement may be required over areas in private ownership of the floodplain or areas with unique natural conditions. Such easement shall preclude development of the area when limiting the use of a property is determined to be in the public interest.

c.

General public easements. When topography or other conditions make impractical the location of drainage facilities, sanitary sewer or water lines within the public street right-of-way, an unobstructed easement shall be provided across a property. Easements shall be of sufficient width to safely excavate buried facilities, but generally shall be no less than 15 feet in width.

C.

Special site and building design standards.

1.

Building orientation and architectural features.

a.

The primary building and entry shall be oriented toward the fronting street. Buildings shall have their primary entrances oriented toward the street. On corner lots, building entrances shall face the primary fronting street or the corner.

b.

The primary building shall incorporate ground floor windows along the fronting street facade, with at least 20 percent of the fronting wall consisting of display areas, windows or doorways.

c.

Building facades facing a street shall include changes in relief such as cornices, columns, gables, bay windows, recessed entryways, or similar architectural or decorative elements.

d.

A drive through window or use shall be oriented to the side or rear of a building and shall be designed to minimize conflicts with pedestrians and vehicles.

2.

Off-street parking, loading and unloading. See Section 10-9 for specific design standards for parking spaces and parking areas.

a.

Off-street parking shall not be located within five feet of a property line separating the subject property from a public street.

b.

Existing or proposed off-street parking areas between the front or side of a building and the public right-of-way shall be separated from the right-of-way with a three-foot-wide landscape strip (see landscape requirements).

c.

Parking bumpers shall be set at least six feet from the property/right-of-way line for parking spaces established perpendicular to the right-of-way. Parking bumpers shall be securely fastened to the pavement or ground.

d.

A designated area (or areas) for loading and/or unloading of materials or freight shall be provided to ensure all such activities occur entirely on-site.

e.

Parking or loading areas which abut a residential zone along a rear or side property line shall be separated from the property line by a six-foot-wide landscaped area and a fence or wall six feet in height to buffer the residential property.

3.

Bicycle and pedestrian facilities and easements.

a.

Bicycle or pedestrian easements and/or improvements may be required if a portion of the subject property is included in the comprehensive plan as necessary to complete a planned bicycle or pedestrian pathway or trail, or to accommodate a portion thereof; or if findings justify the need to address anticipated impacts from the proposed development.

b.

Developments shall provide an on-site pedestrian circulation system that connects building entrances, public sidewalks, bicycle and automobile parking areas, and parts of the site or abutting properties that may attract pedestrians. Walkways shall maintain a clear width of at least five feet and shall be separated from vehicles by curbs, raised bumpers, planter strips or similar barriers. Walkways through parking areas or crossing driveways shall be clearly identified by a different material or pavement markings, or both. Walkways shall be in clearly visible locations to promote safety. Walkways shall be hard surfaced.

4.

Landscaping, lighting and outdoor storage.

a.

At least five percent of the site shall be landscaped. A minimum 30-inch-wide landscape strip along street frontages and building fronts must be included in the landscape plan to accommodate surface water runoff from the site and to enhance the street appearance of the development.

b.

Pedestrian amenities, such as benches, plazas, fountains, and sculptures that are high quality and provided for public use or enjoyment, may replace up to one-third of the required landscaping, but shall not replace required landscaping along street frontages or building fronts.

c.

Parking areas shall be landscaped as prescribed in subsection 10-9-2 D.

d.

Landscaping shall include ground cover material such as decorative rock, bark or lawn, and at least two of the following landscape elements: flowers, decorative shrubs, trees, boulders or decorative lighting.

e.

Landscaped areas shall be provided with automatic irrigation unless a letter from a licensed landscape architect is submitted with the landscape plan certifying that the selected landscape plants will survive without irrigation.

f.

Lighting may be required on the site, such as between parking areas and buildings or along walkways, based on findings that justify the need to protect the public health, safety or welfare. All on-site lighting shall be shielded to prevent off-site glare or nuisance to traffic or neighboring properties.

g.

Outdoor storage and garbage collection areas shall be entirely screened with a six-foot-high sight-obscuring fence, wall or vegetation. Outdoor storage and garbage collection areas shall not be permitted within a required vision clearance area.

h.

Annual renewal of a business license for a commercial use shall be contingent upon satisfactory maintenance of landscaped areas approved as part of the site plan or conditional use review for the use.

5.

Vision clearance area and fences. See Section 10-11-4.

6.

Signs. See Title 8 Chapter 2 of the Umatilla Municipal Code.

(Ord. No. 688, 6-15-1999; Ord. No. 799, 11-3-2015; Ord. No. 856, § 2, 5-3-2022)

All uses permitted in the MC Zone are subject to site plan design review. The purpose of site plan design review is to provide a process to review proposals to verify that compliance with the property development standards under Section 10-4F-7 of the MC Zone will be met, along with any other applicable provisions of this Code, or the Comprehensive Plan.

A.

In the MC Zone, site plan design review for a use permitted outright or for a use permitted subject to standards shall follow the public notice and review procedures in subsections 10-14-2 B. and 10-14-6 B. for a Type II decision, and the notice of decision requirements under Section 10-14-8.

B.

Site plan design review shall be incorporated into the Type III review process required for all conditional uses permitted in the MC Zone. A Type III decision includes the procedures under Sections 10-14-6 C., 10-14-7 and 10-14-8.

C.

Application requirements: An application for site plan design review only, or in conjunction with a conditional use request, shall include the information and materials listed under Section 10-14-4.

(Ord. No. 799, 11-3-2015)