Chapter 18.27
DOWNTOWN ZONE (D-1)
Sections:
18.27.020 Uses permitted outright.
18.27.030 Conditional uses permitted.
18.27.010 Purpose.
The D-1 zone is intended to increase and encourage mixed use dense commercial uses in the centralized part of U.S. Highway 101. It is intended to provide an area for small to medium sized commercial uses, encourage revitalization of downtown, and provide for adequate traffic flows and a pedestrian-friendly environment. [Ord. 321 § 15, 2014; Ord. 304 Art. I(1), 2008.]
18.27.020 Uses permitted outright.
In a D-1 zone, the following uses and their accessory uses are permitted outright, subject to the applicable provisions of Division IV (Supplemental Provisions) and all development guidelines for natural hazards of this title:
A. Primary retail activities, such as shops or stores engaged in the sale of retail merchandise, except for outdoor sales establishments, establishments selling automobiles, manufactured dwellings or other large merchandise.
B. Consumer services such as banks, barber and beauty shops, repair shops, printing shops, and laundries.
C. Eating and drinking establishments with no more than incidental alcohol service, including those that provide outdoor seating.
D. Indoor amusement activities and bowling alleys.
E. Business, government and professional offices.
F. Residential uses in accordance with GMC 18.27.040(H).
G. Motels, hotels and tourist housing.
H. Arts and crafts studios or galleries and museums.
I. Parks and publicly owned plazas.
J. Single-family residences established prior to July 1, 1996, and in a dwelling unit or structure originally permitted and constructed for that use.
K. Attended service stations established prior to July 1, 2007.
L. Automobile drive-through commercial uses established prior to July 1, 2007.
M. Accessory structures in accordance with Chapter 18.135 GMC.
N. Certain transportation facilities as defined in GMC 18.05.030 and 18.185.050, specifically:
1. Normal operation and maintenance of transportation facilities;
2. Installation of transportation improvements within the existing right-of-way;
3. Projects identified in the adopted transportation system plan not requiring future land use review and approval;
4. Landscaping as part of a transportation facility;
5. Emergency transportation facility measures;
6. Street or road construction as part of an approved subdivision or partition.
O. Private or public parking lots intended to provide general parking for the surrounding area and not required under Chapter 18.125 GMC.
P. Limited outdoor sales in conjunction with an established allowed use, subject to the following standards:
1. The area devoted to outdoor sales does not occupy any required parking spaces; and
2. The area devoted to temporary outdoor sales does not occupy more that 10 percent of the floor area devoted to the primary use; and
3. The product offered for sale outdoors is displayed and stocked adjacent to the building’s exterior.
Q. Special Events. As used in this section, “special event” means a community-oriented and endorsed gathering or celebration intended for recreation, entertainment, fundraising, or other similar purposes. Special events are allowed when:
1. The special event is limited to no more than seven days per calendar year; and
2. The special event organizer obtains approval from the Oregon Liquor Control Commission to serve alcohol at the event and otherwise meets all lawful requirements for alcohol sales and consumption; and
3. The special event organizer obtains the written permission of the city manager authorizing the outdoor sale and consumption of alcohol at the event. [Ord. 321 §§ 16 – 23, 2014; Ord. 319 § 6, 2013; Ord. 304 Art. I(1), 2008.]
18.27.030 Conditional uses permitted.
In a D-1 zone, the following uses and their accessory uses may be conditionally permitted, subject to the applicable provisions of Division IV (Supplemental Provisions) and all development guidelines for natural hazards of this title:
A. Churches, libraries or community meeting halls.
B. Health facilities such as clinics and nursing homes.
C. Family day care center and day care center.
D. Expansion of service attended fueling station facilities established prior to July 1, 2007.
E. Expansion of automobile drive-through commercial uses established prior to July 1, 2007.
F. New automobile drive-through commercial use.
G. Certain transportation facilities as defined in GMC 18.05.030 and 18.185.050, specifically:
1. Transportation projects that are not designated improvements in the transportation system plan; and
2. Transportation projects that are not designed and constructed as part of an approved subdivision or partition.
H. Other uses similar to the above, subject to meeting applicable criteria listed in GMC 18.180.020.
I. Eating and drinking establishments with more than incidental alcohol service.
J. Accessory structures located in front of the primary structure or use. [Ord. 321 §§ 24 – 29, 2014; Ord. 304 Art. I(1), 2008.]
18.27.040 Standards.
In a D-1 zone, the following standards shall apply:
A. Building Setbacks. The following setback standards apply to both primary and accessory structures. The standards may be modified only by approval of a variance in accordance with Chapter 18.190 GMC.
1. Front Yard Setbacks.
a. Minimum Setback. The minimum allowable front yard setback is three feet to be used to match the sidewalk and to allow for the placement of signs, benches, planters and other elective amenities on private property.
2. Rear Yard Setbacks. There is no minimum rear yard setback.
3. Side Yard Setbacks. There is no minimum side yard setback required, except that buildings shall conform to the clear vision standards in Chapter 18.95 GMC, and the applicable fire and building codes for attached structures, fire walls, and related requirements.
B. Lot Coverage. There is no maximum lot coverage requirement, except that compliance with other sections of this code may preclude full (100 percent) lot coverage for some land uses.
C. Building Height. All buildings in the Garibaldi downtown district shall comply with the following building height standard, intended to allow for development of appropriately scaled buildings incorporating a storefront character downtown, and to protect solar access, scenic views, and property values of adjacent residential uses in the R-1 zone.
1. Building Height. Maximum building height allowed outright shall be 30 feet. Any building exceeding 30 feet in height shall be reviewed following the standards and procedures for conditional uses under Chapter 18.185 GMC.
D. Underground Utilities.
1. It is the policy of the city to place all utilities underground except as otherwise exempted below. Developers shall make arrangements with serving utility companies for installation possibility of such utilities.
2. Exceptions. The city may permit overhead utilities as a condition of approval where the applicant can demonstrate one of the following conditions:
a. Underground utility locations are not feasible.
b. Temporary installations.
c. Major transmission facilities located within rights-of-way or easements.
d. Surface-mounted structures, substations or facilities requiring above ground locations by the serving utility.
3. Developers shall provide for the installation of conduit to a building for future undergrounding in the case of an exception.
E. Special Standards for Certain Uses. This section supplements the standards contained in GMC 18.27.020 through 18.27.030, providing standards for the following land uses in order to control the scale and compatibility of those uses within the downtown zone:
1. Residential Uses.
a. Mixed Use Development Required. Residential uses shall be permitted only when part of a mixed use structure (residential with commercial or public/institutional use). Both “vertical” mixed use (housing above the ground floor) and “horizontal” mixed use (housing on the ground floor) developments are allowed.
b. Limitation on Street-Level Housing. Residential uses on the ground floor may occupy no more than 50 percent of the total ground floor square footage.
2. Accessory Uses and Structures. Accessory uses and structures are of a nature customarily incidental and subordinate to the principal use or structure on the same lot. Typical accessory structures in the Garibaldi downtown zone may include small workshops, studios, storage sheds, and similar structures. Accessory uses and structures are allowed for all permitted land uses within the Garibaldi downtown zone. Accessory structures shall comply with the following standards:
a. Primary Use Required. An accessory structure shall not be allowed before or without a primary use.
b. Setback Standards. Accessory structures shall comply with the setback standards in subsection A of this section.
c. Restrictions. A structure shall not be placed over an identified alley or easement that prohibits such placement. No structure shall encroach into the public right-of-way.
3. Sidewalk Displays. Sidewalk display of merchandise next to buildings is permitted; however, a minimum pedestrian clearance of six feet shall be maintained.
4. Light Manufacture. Light manufacture uses (i.e., manufacturing of small-scale goods, such as crafts, electronic equipment, bakery products, printing and binderies, furniture, and similar goods) shall conform to all of the following standards which are intended to protect the pedestrian-friendly, storefront character of downtown Garibaldi:
a. Retail or Service Use Required. Light manufacture is allowed only when it is in conjunction with a permitted retail or service use.
b. Location. The light manufacture use shall be enclosed within a building.
F. Parking Requirements.
1. Parking Requirements. Parking requirements within the downtown zone shall conform to Chapter 18.125 GMC, with the following exceptions.
a. Uses allowed in the D-1 zone under GMC 18.27.020(A), (B), (C), (E), (H), (I), (K), and (L) which are located on lots created prior to 2012 and less than 10,000 square feet in size shall be exempt from off-street parking requirements.
2. On-Street Parking. On-street parking spaces that front and are contiguous to (on the same side of the street) the lot may be counted in the required parking.
3. Individual surface parking lots shall not exceed a total of 50 parking spaces, or one-half city block, whichever is smaller. [Ord. 321 § 30, 2014; Ord. 319 §§ 7 – 14, 2013; Ord. 304 Art. I(1), 2008.]