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Yachats City Zoning Code

CHAPTER 9

28 C-1 RETAIL COMMERCIAL ZONE

§ 9.28.010 Permitted uses.

In a C-1 zone the following uses and their accessory uses are permitted, subject to the provisions of Chapters 9.44, 9.48 and 9.52 where applicable:
A. 
A governmental structure or use of land and public utility facility;
B. 
Any use which would be permitted outright in any residential zone;
C. 
Retail stores and shops such as food, drug, apparel, hardware, furniture and similar establishments;
D. 
Personal or business service establishment such as barber or beauty shop, tailor shop or similar establishment;
E. 
Financial institution;
F. 
Business or professional office;
G. 
Private museum or art gallery;
H. 
Family day care provider;
I. 
Residential home;
J. 
Residential facility;
K. 
Automobile service station with direct access to U.S. Highway 101;
L. 
Laundry or dry cleaning establishment;
M. 
Restaurant, bar or tavern;
N. 
Motel, hotel, inn, or resort on a minimum of 1.0 acre with direct access provided from U.S. Highway 101 only and with or without accessory commercial uses;
O. 
(Reserved).
P. 
Mobile vending unit subject to the following restrictions:
1. 
Prior to operating a mobile vending unit the operator shall:
a. 
Have written authorization from the property owner for the operation of a mobile vending unit;
b. 
Obtain a City business license;
c. 
Submit a description of operating characteristics, vehicular access and parking, and any other information required by the City. The operating characteristics, access and parking, and additional information are subject to review and approval by the City.
2. 
Mobile vending units shall not be located in the public right-of-way (the exception to this is a "festival or community event" approved by City Council).
3. 
The mobile vending unit operator/applicant is responsible for obtaining all required agency permits and approvals.
(Ord. 104, 1981; Ord. 73E § 2.050(1), 1992; Ord. 175, 1995; Ord. 196 § 1, 1997; Ord. 303, 2011; Ord. 319, 2013; Ord. 376, 11/20/2024)

§ 9.28.020 Conditional uses.

In a C-1 zone the following uses and their accessory uses may be permitted subject to the provisions of Chapters 9.44, 9.48, 9.52 and 9.72 where applicable:
A. 
Mixed use (commercial and residential);
B. 
Church, non-profit religious or philanthropic institution;
C. 
Community center;
D. 
Nursery school, kindergarten or similar facility;
E. 
Hospital nursing home, retirement home, or similar facility;
F. 
Private noncommercial recreation club such as tennis, swimming or archery club, but excluding commercial amusement or recreation enterprise;
G. 
Park, playground, swimming pool or similar recreation area;
H. 
Private school offering curricula similar to public school;
I. 
Parking area;
J. 
Outdoor commercial amusement or recreation establishment such as miniature golf course or drive-in theater, but not including uses such as race track or automobile speedway;
K. 
Small scale, nonpolluting light industrial uses that are compatible with existing and anticipated land uses;
L. 
Repair shop for the type of goods offered for sale in those retail trade establishments permitted in a C-1 zone provided all repair and storage shall occur entirely within an enclosed building;
M. 
Medical clinic or veterinary clinic;
N. 
Club, lodge or fraternal organization facilities;
O. 
Indoor commercial amusement or recreation establishment such as a bowling alley, theater, pool hall, ballroom, or skating rink;
P. 
Mortuary;
Q. 
Any commercial use not otherwise provided for in this section or specifically prohibited; provided, however, such commercial use shall not have a different or more detrimental effect upon the adjoining and adjacent areas than those uses permitted either outright or conditionally in this section;
R. 
Bed and breakfast facility;
S. 
Manufactured dwelling park, subdivision and P.U.D.;
T. 
Motel, hotel, inn, or resort on a minimum of 1.0 acre with direct access provided from U.S. Highway 101 only and with or without accessory commercial uses;
U. 
Automobile service station (with direct access not from U.S. Hwy. 101);
V. 
Formula business and any accessory use to a formula business for:
1. 
Motel, hotel, inn, or resort on a minimum of 1.0 acre with direct access provided from U.S. Highway 101 only and with or without accessory commercial uses,
2. 
Automobile service stations with direct access to U.S. Highway 101,
3. 
Retail stores and shops such as food, drug, apparel, hardware, furniture and similar establishments,
4. 
Financial institutions,
5. 
All other conditional uses listed in this section that are also formula businesses;
W. 
Hostels.
(Ord. 104, 1981; Ord. 73E § 2.050(2), 1992; Ord. 175, 1995; Ord. 266, 2007; Ord. 303, 2011; Ord. 348 § 2, 2017; Ord. 376, 11/20/2024)

§ 9.28.030 Standards.

Except as provided in Chapters 9.44, 9.48, 9.52 and 9.72, in any C-1 zone the following standards apply:
A. 
Lot Size and Dimensions. The minimum lot size and dimensions in the C-1 zone shall be as follows:
1. 
The lot area, lot width, and lot depth requirements in the C-1 zone shall be as follows:
a. 
Lot area, 6,000 square feet with public water and sewer system.
b. 
Lot width, 60 feet minimum at front building line for interior lot and 65 feet for a corner lot with public water and sewer system.
c. 
Lot width, 70 feet minimum at front building line for interior lot and 75 feet for a corner lot with public water but no public sewer.
2. 
The minimum lot area per multifamily dwelling unit shall be 2,500 square feet with a public water and sewer system.
a. 
The minimum lot area per multifamily dwelling unit may be lowered to 1,500 square feet with a public water and sewer system if approved by the Planning Commission through a public hearing in accordance with Chapter 9.72 Conditional Uses.
3. 
The minimum lot depth shall be 80 feet.
4. 
Landfill of dirt and rock only.
5. 
Hazard areas:
a. 
Hill-side building sites, see Chapters 9.44, 9.48 and 9.52;
b. 
Flood-prone areas, see Chapter 9.54.
6. 
Undersize lots, see Chapter 9.76.
B. 
Building Height. No building in a C-1 zone shall exceed a height of 30 feet from finished grade or from natural grade, see Chapter 9.52.180.
C. 
Lot Coverage. For nonresidential uses lot coverage may be 100% except all yards abutting a residential zone shall be a minimum of 10 feet.
D. 
No structure shall be located closer than 60 feet from the center line of any State highway, nor 30 feet from the center line of any collector or arterial street.
E. 
Outdoor storage shall be screened with a sight-obscuring screen.
F. 
Yard Regulations. Yards are not required, except for residential-only uses, unless setbacks have been established for road widening, abutment to residential zones or other purposes.
G. 
Residential-Only Uses.
1. 
Yards proposed to be less than the minimum yard requirements which apply in the residential zones shall be subject to approval by the Planning Commission through a public hearing in accordance with Chapter 9.72 Conditional Uses.
2. 
Parking requirements shall be the same specifications outlined in R-4.
H. 
Fences, Hedges, Walls and Landscaping. Where a commercial use abuts a residential zone, a fence, evergreen hedge, wall or landscaping shall be constructed and maintained immediately adjacent to the abutting property line. Such a buffer shall screen at least 70% of the view between the zones. The buffer shall not be less than five or more than eight feet in height, except where vision clearance would be interrupted. Exceptions shall be subject to approval by the Planning Commission through a public hearing in accordance with Chapter 9.80 Variances.
I. 
General Criteria. The vehicle and pedestrian access to the site can be safely and efficiently provided and the necessary utility systems and public facilities are available with sufficient supply and distribution capacity. If not provided by the City, it shall be the responsibility of the developer to insure these standards are met.
(Ord. 73E § 2.050(3), 1992; Ord. 175, 1995; Manual, 2003, changed reference from Ordinance 76A to Chapter 9.54 because Ordinance 76A was codified in May 2003; Ord. 266, 2007; Ord. 277, 2008; Ord. 303, 2011; Ord. 304, 2011)

§ 9.28.040 Prohibited uses.

Except as provided in Section 9.28.020 Conditional uses, all formula businesses are prohibited in the C-1 Retail Commercial Zone.
(Ord. 348 § 3, 2017)