Chapter 18.45
HIGHWAY COMMERCIAL ZONE (C-2)
Sections:
18.45.020 Uses permitted outright.
18.45.030 Conditional uses permitted.
18.45.040 Development requirements.
18.45.050 Performance standards.
18.45.060 Development standards.
18.45.010 Purpose.
The purpose of the highway commercial or C-2 zone is to provide for retail businesses, services, and offices located along the Tualatin Valley Highway corridor, where the principal users are auto oriented. [Ord. 810, 2000; Code 2000 § 11.20.51.]
18.45.020 Uses permitted outright.
In a C-2 zone the following uses shall be permitted outright; provided, that all operations are conducted within an enclosed structure:
(A) General retail.
(B) Service commercial, including barber, banks.
(C) Automobile, truck, marine, motorcycle, appliance and/or parts sales, service, repair, rental, and including custom vehicle assembly; provided, that all operations are conducted within an enclosed structure.
(D) Office, including professional, medical/dental.
(E) Indoor amusement or entertainment and restaurants, including fast food with drive-up window.
(F) Motel, motor courts, hotel, inns or bed and breakfasts.
(G) Small engine or equipment repair shop.
(H) Single-family dwelling units as a secondary or accessory use to commercial.
(I) Other similar uses as may be approved by the planning commission.
(J) Type “A” or Type “B” mobile vendor, as described in Chapter 5.35 CMC; this use is not subject to the enclosed structure requirement.
(K) Church and associated church activities.
(L) Conversion of a hotel or motel to an emergency shelter or affordable housing. [Ord. 810, 2000; Code 2000 § 11.20.52; Ord. 841 Exh. 1, 2003; Ord. 2016-015 § 1 (Exh. A), 2016; Ord. 2024-03 § 1 (Exh. A), 2024.]
18.45.030 Conditional uses permitted.
In a C-2 zone the following uses and their accessory uses may be permitted when in accordance with Chapter 18.105 CMC:
(A) Outdoor storage and/or display of merchandise, materials, goods, and equipment, or any other outdoor activity, subject to a Type II review if the outdoor activity complies with principally permitted uses within the zone, otherwise a Type III review is required.
(B) Government or other similar institutional uses.
(C) Warehouse or wholesale operation.
(D) Above ground utility yard and above ground storage tanks.
(E) Large machinery or farm equipment sales, service or rental.
(F) A planned unit development, as provided under Chapter 18.110 CMC.
(G) Requests to exceed the permitted building height.
(H) Repealed by Ord. 2024-03.
(I) Service stations and fuel distribution, provided storage tanks are underground.
(J) Multi-family dwelling units, including a residential facility consistent with state law, and all shall be consistent with A-2 standards.
(K) Indoor mini-storage facility.
(L) Certified child care center.
(M) Marijuana retail sales facilities, wholesale sales facilities, and medical marijuana dispensaries as defined in CMC 18.177.025 and subject to the provisions of Chapters 18.105 and 18.177 CMC. [Ord. 810, 2000; Code 2000 § 11.20.53; Ord. 841 Exh. 1, 2003; Ord. 916 § 1 (Exh. A), 2010; Ord. 2015-03 § 1 (Exh. A), 2015; Ord. 2016-014 § 1 (Exh. A), 2016; Ord. 2018-05 § 1 (Exh. A), 2018; Ord. 2024-03 § 1 (Exh. A), 2024.]
18.45.040 Development requirements.
(A) Lot Size. In a C-2 zone there is no minimum lot size, save and except that the lot must be large enough to accommodate the proposed use, including all design standards and functional requirements related to the use.
(B) Setback Requirements. In a C-2 zone the following setbacks shall meet the base standard; however, the review body may require a greater or lesser setback based on the design review criteria set forth in this chapter:
(1) The front yard shall be 10 feet, except that:
(a) Parking shall be allowed within five feet of the front property line.
(b) For all properties abutting the south side of Baseline Road, there shall be a front yard setback equal to five percent of the average lot depth, but not less than four feet.
(2) No side yard shall be required, except five feet when abutting a residential use or zone, and when a side yard abuts a public street the setback shall be the same as the front yard.
(3) No rear yard is required, except five feet when abutting a residential use or zone, and when a side yard abuts a public street the setback shall be the same as the front yard.
(C) Height of Building. Building height, as defined in CMC 18.195.080, shall not exceed 40 feet, except for:
(1) Affordable housing with a 30-year affordability covenant compliant with ORS 456.270 through 456.295 as affordable to 80 percent area median income or less for each unit, or the average of the units is affordable at 60 percent area median income or less, is entitled to 150 percent of the existing density and 24 additional feet; or
(2) As approved by the planning commission. [Ord. 810, 2000; Code 2000 § 11.20.54; Ord. 2020-05 § 1 (Exh. A), 2020; Ord. 2024-03 § 1 (Exh. A), 2024.]
18.45.050 Performance standards.
In a C-2 zone no land or structure shall be used or occupied unless there is continuing compliance with the following standards:
(A) Design Review Approval. All design review requirements and conditions of approval, including all prior attached conditions shall be satisfied.
(B) Environmental Standards. All uses shall comply with required air, land, and water quality standards set forth by all state, federal and local jurisdictions (i.e., Department of Environmental Quality, Clean Water Services, and Metro).
(C) Heat and Glare.
(1) Except for exterior lighting, operations producing heat or glare shall be conducted entirely within an enclosed structure, such that glare is not visible from a public street or adjacent property.
(2) Exterior lighting shall be designed such that glare is directed away from public streets or adjacent properties.
(D) Insects and Rodents. Materials including wastes shall be managed and stored, and grounds shall be maintained in a manner that will not attract or aid the propagation of insects or rodents or create a health hazard.
(E) Outside Storage. Outside storage shall be appropriately screened consistent with CMC 18.45.060(F). [Ord. 810, 2000; Code 2000 § 11.20.55; Ord. 841 Exh. 2, 2003; Ord. 2020-05 § 1 (Exh. A), 2020.]
18.45.060 Development standards.
In a C-2 zone no new use or occupation of land or a structure or a new structure and no change of use of land or a structure shall be permitted unless there is continuing compliance with the following standards:
(A) Landscape Plan.
(1) For all uses in a C-2 zone, the first five feet of lineal street frontage on the subject site shall be landscaped (exclusive of frontage trees) prior to occupancy, in accordance with the approved site plan and the standards set forth herein.
(2) When at maturity, at least 80 percent of the proposed landscape area shall be covered by plant material, lawn, and trees. The remaining area may be covered in nonvegetative ground cover.
(3) Street Trees. Street trees shall be required and shall be selected from the approved public works street tree list. The total number of trees shall be determined by dividing the total linear footage of the site, which abuts a public street, by 30 feet. The location of the trees shall be determined through design review, and the trees shall be installed in accordance with Chapter 5 of the adopted public works standards.
(4) Installation of required landscaping may be deferred for up to six months; provided, that the owner posts with the city a cash deposit or irrevocable letter of credit assigned to the city for an amount equal to 150 percent of the estimated cost of the landscaping materials and installation by a qualified contractor.
(B) Vehicular Access, Internal Circulation and Clear Vision Areas.
(1) Where possible, vehicular access to commercial developments shall be from abutting arterial or collector streets, and shall be shared with adjacent properties to minimize multiple curb cuts. Access to individual lots from T.V. Highway shall be approved by ODOT with secondary access from adjacent collectors or minor local streets where possible. Except in the case of a multi-building complex, direct lot access to an arterial shall not be permitted, unless there is no viable alternative, and direct access to collector and local streets shall only be allowed as permitted by the review body.
(2) The minimum public street width for commercial development shall comply with Chapter 5 of the adopted public works standards.
(3) Internal Access. All internal roadways and drives shall be paved and maintained by the owner in accordance with city standards. No entrance or exit shall be located closer than 100 feet to any intersection of a public street, unless there is no reasonable alternative. They shall have the following minimum unobstructed pavement width:
(a) Two-way traffic: 24 feet;
(b) One-way traffic: 15 feet.
(4) Internal sidewalks or pathways shall be provided to ensure safe and convenient pedestrian circulation throughout the development.
(5) Clear vision areas shall be provided at all roadway and driveway intersections in accordance with the vision clearance standards set forth in CMC 18.150.070.
(C) Access Streets – Sidewalks – Drainage.
(1) All streets shall be designed in accordance with Chapter 5 of the adopted public works standards.
(2) All driveways for new construction shall have minimum pavement width of 12 feet and shall not be more than 35 feet in width at the curb, unless specifically approved by the review body to meet unusual requirements of a particular use. Each driveway shall have a concrete curb apron designed to comply with public works standards.
(3) Cul-de-sacs shall serve no more than four separate uses and shall have a minimum turning radius of 50 feet measured to the front edge of the curb.
(4) Sidewalks and Improvements.
(a) For all new construction, curbs, gutters, and a minimum six-foot-wide sidewalk, with eight feet at a bus stop, shall be provided along the entire lot frontage, and shall meet ADA accessibility standards.
(b) Site design review Type II requests for remodels, alterations and/or additions to an existing building shall require a sidewalk if one does not exist, the driveway apron and paved driveway to be constructed to city standards. Commercial sidewalks shall be curb tight, unless otherwise approved by the review body.
(5) Storm drainage shall be managed through a system of underground drainage lines and catch basins, which convey storm water off the site to a public storm system, and shall comply with Clean Water Services (CWS) standards for water quality and quantity.
(D) Lighting Streets. Streets and walkways shall be lighted during the hours of darkness in accordance with public works standards.
(E) Mailboxes. Except for in-fill partitioning, clustered mailboxes shall be provided, consistent with the locational criteria set by the Post Master. They shall be of uniform style.
(F) Screening.
(1) Sight-obscuring screening shall be provided for all garbage and trash collection areas, and for any approved outdoor storage, or parking lots abutting a residential development. Such screening shall be six feet in height, and shall consist of a wall of brick, stone, or other substantial material, or a densely planted evergreen hedge and a decorative fence, such as wrought-iron, or PVC or polymer covered chain link fencing. Galvanized chain link fencing shall not be permitted on new construction.
(2) The reviewing body may require nonsight-obscuring screening and/or fencing of parking lots abutting property lines, front yards abutting a public street, or other yards abutting a residential development.
(3) Garbage and trash collection areas shall be designed to meet the needs of all types of trash and waste collection required, including recycling, food waste, and solid waste.
(4) The applicant shall demonstrate that the waste enclosure area is accessible by the waste service provider.
(G) Parking and Loading Space.
(1) Off-Street Parking. Parking shall be provided as set forth in Chapter 18.145 CMC.
(2) Paving and Design. Off-street parking and maneuvering areas shall be paved with asphalt or concrete and designed in accordance with the standards of the off-street parking regulations of this title.
(3) Parking Lot Landscaping. There shall be a five-foot landscaped buffer at the perimeter of all parking lot areas. Parking lots shall be designed and landscaped so as to break up large paved areas with landscaped islands, at a minimum of every 10 spaces. [Ord. 810, 2000; Code 2000 § 11.20.56; Ord. 841 Exh. 2, 2003; Ord. 874 Exh. (1)(B), 2006; Ord. 2020-05 § 1 (Exh. A), 2020; Ord. 2024-03 § 1 (Exh. A), 2024.]
18.45.070 Signs.
Signs within the C-2 zone may be allowed consistent with Chapter 18.175 CMC. [Ord. 810, 2000; Code 2000 § 11.20.57.]