Chapter 19.101B
COMMUNITY COMMERCIAL ZONE
Sections:
19.101B.040 Property development standards.
19.101B.010 Purpose.
The community commercial zone is intended to allow a broad range of professional, commercial and institutional uses to meet the general needs of residents within or near the MNVC. The community commercial zone shall include lands already zoned and committed to rural commercial zoning at the time this zone is implemented. [2005 RLDC § 101.210.]
19.101B.020 Permitted uses.
The following uses, with accessory uses and structures, shall be permitted using ministerial review procedures (Chapter 19.22 JCC), unless site plan review is required (Chapter 19.42 JCC), in which case uses shall be permitted using quasi-judicial review procedures (Chapter 19.22 JCC). Uses shall also meet the applicable development standards listed in JCC 19.101B.040. In all cases, a development permit (Chapter 19.41 JCC) shall be required as final permit approval.
A. Institutional and Service Commercial. Public and private commercial uses that are community oriented such as an ambulance center, medical clinic or urgent care unit, police or fire station, library, post office, community center, social service or care center, church, park, utility or communication facility, recycling center, maintenance shop, fraternal lodge or club, and day-care.
B. Commercial Recreation. Entertainment or recreation uses such as a bowling alley, miniature golf course, bicycle or skate park, theater, sports club, arcade, and gymnasium (dance, self-defense, gymnastics, etc.).
C. Commercial General. Service, sales and trade uses such as a retail sales store, grocery store or food store, service or repair center, craft or art studio, personal service shop (barber, beauty, tailor, tattoos, etc.), restaurant, tavern, laundromats and dry cleaners, vehicle or equipment sale or rental lot, building material or hardware store, professional office, bank, printing or copying shop, contractor yard or shop, light fabrication shop, auto, truck or equipment repair garage, tire store, gas station or fuel depot, storage or warehousing, recreational vehicle park, campground, pharmacy, and towing service or yard.
D. Care Providers and Dwellings.
1. One residential care home or one residential care facility.
2. One manufactured dwelling may be allowed only when located on the same lot or parcel (to include water and septic services) as the commercial use, and when occupied by the owner/operator of the commercial use. As a condition of this use, a deed restriction shall be executed by the owner and recorded in the County deed records to disclose the qualified nature of the dwelling, and which waives complaint or claim of any kind for impacts from authorized commercial activities on nearby commercially zoned lands.
3. Lawfully existing single-family and/or manufactured dwellings (alteration or replacement only, subject to the time limits contained in JCC 19.13.030).
4. Residential occupancy of the business, providing such dwelling is on the same property, and meets the residential occupancy requirements of the building code. [Amended by Planning Director, 10-28-16; Ord. 2012-003 (Exh. A); 2005 RLDC § 101.220.]
19.101B.030 Conditional uses.
The following uses, with accessory uses and structures, shall be permitted using quasi-judicial review procedures (Chapter 19.22 JCC), subject to the requirements for conditional uses (Chapter 19.45 JCC) and site plan review (Chapter 19.42 JCC). Uses shall also meet the applicable development standards listed in JCC 19.101B.040. In all cases, a development permit (Chapter 19.41 JCC) shall be required as the final permit approval.
A. Sewage disposal plant, to include pumping, treatment and distribution pipes and facilities;
B. Water treatment facility, or water storage reservoir, pumping station and distribution pipes. [2005 RLDC § 101.230.]
19.101B.040 Property development standards.
All uses authorized by this chapter are subject to certain additional permit, process and property development standards that are contained elsewhere in this title. The following is a list of chapters that are or may be applicable:
A. Permit Review Requirements.
1. Basic review provisions – Chapter 19.20 JCC.
2. Pre-application review – Chapter 19.21 JCC.
3. Permit review procedures – Chapter 19.22 JCC.
4. Basic application requirements – Chapter 19.40 JCC.
5. Administration of permits – Chapter 19.41 JCC.
6. Site plan review – Chapter 19.42 JCC.
7. Temporary uses – Chapter 19.43 JCC.
8. Variances – Chapter 19.44 JCC.
9. Conditional uses – Chapter 19.45 JCC.
B. Property Development Standards.
1. Minimum lot size – One-half acre (one acre if a dwelling is located with the business);
2. Lot dimensions – See Chapter 19.71 JCC;
3. Special Development Requirements.
a. Land Divisions, Site Development, Conditional Uses and Development of Nonconforming Lots or Parcels. As a condition of final approval, the owner shall:
[1] Obtain a site approval for a subsurface sewage disposal system from the Oregon Department of Environmental Quality within each newly configured lot or developed site, or connect to a community sewer system; and
[2] The requirements of Chapter 19.84 JCC (Water Standards) shall apply to new land divisions creating parcels two acres or smaller in size, and to developments requiring site plan review that require more than 1,600 gallons per day of groundwater. This requirement shall apply to all land divisions even though JCC 19.84.020(A) and (B) specify a one-acre threshold. The Water Resources Director or the Planning Director shall administer the requirements of Chapter 19.84 JCC. This requirement shall not apply if the water source is a community water system or the City of Grants Pass.
b. Merger of Nonconforming Lots or Parcels. When one or more nonconforming lots or parcels are involved in a single development, the nonconforming lots or parcels shall be merged with each other, and with other conforming lots or parcels also involved in the development, by property line adjustment or replat to the extent needed to achieve conformity or the least nonconformity possible. In addition, no variance to any setback standard shall be authorized to support development of nonconforming lots or parcels.
c. Water Service Agreement. Users receiving water service from the City of Grants Pass shall execute the documents required by the City for the provision of such service. The County shall assure performance of this requirement prior to final land use approval.
d. Transportation Facilities. New commercial uses shall not cause the use of transportation facilities to exceed capacities as specified in the County’s transportation plan. In addition, a traffic assessment by a qualified Oregon registered engineer shall be required for any new or expanded commercial use that generates more than 25 peak hour trips that are reasonably expected to impact the Louse Creek freeway interchange. Trip generation calculations shall be based on the most recent edition of the Institute of Transportation Engineer’s Trip Generation Manual. The traffic assessment shall determine the consistency of the use with the identified function, capacity and performance standards of the Louse Creek freeway interchange. The use may be limited or altered by conditions in the permit approval so that consistency is achieved, or denied if consistency cannot be achieved;
4. Building size, accessory heights, setbacks and yard dimensions shall conform to the provisions of Chapter 19.72 JCC, except:
a. Maximum building size for new commercial structures shall be 4,000 square feet, except where uses are intended to serve the community and surrounding rural area or the travel needs of people passing through the area. Uses are intended to serve local needs when the uses are designed to capture local markets for basic retail goods or services, or to serve travelers. Examples include a bank, community center, church, medical facility, public safety station, recreational equipment rental, guide or adventure service, park or entertainment facility, restaurant, grocery or video store, service station, repair shop, warehouse, recreational vehicle park, campground, etc. The following special procedures shall apply to all permits that allow exceptions to the 4,000-square-foot limit:
[1] The request shall require full site plan review procedures, to include quasi-judicial notice, review and appeal procedures; and
[2] The written land use decision approving the exception to the 4,000-square-foot size limit shall contain findings of fact and conclusions that show how the use is intended to serve the community and surrounding rural area or the needs of travelers.
b. Maximum structure height – 35 feet or two and one-half stories, whichever is less.
c. Minimum setback from property lines – 10 feet from all property lines.
5. Access and transportation – See Chapter 19.81 JCC.
6. Aggregate overlay – See Chapter 19.69F and 19.91 JCC.
7. Airport overlay – See Chapter 19.69D JCC.
8. Archaeological resources – See Chapter 19.93 JCC.
9. Erosion and sediment control and storm drain facilities – See Chapter 19.83 JCC.
10. Fences, walls and screens – See Chapter 19.73 JCC.
11. Flood hazard overlay – See Chapter 19.69A JCC.
12. Historic resources – See Chapter 19.94 JCC.
13. Mineral and aggregate overlay – See Chapter 19.69F JCC.
14. Parks and playgrounds – See Chapter 19.98 JCC.
15. Signs – See Chapter 19.74 JCC.
16. Solid waste – See Chapter 19.86 JCC.
17. Stream setbacks – See Chapter 19.72 JCC.
18. Utilities – See Chapter 19.85 JCC.
19. Water hazard overlay – See Chapter 19.69E JCC.
20. Water standards – See Chapter 19.84 JCC.
21. Wild and scenic rivers overlay – See Chapter 19.69C JCC. [2005 RLDC § 101.250.]