Chapter 17.29
RESORT COMMUNITY COMMERCIAL
Sections:
17.29.040 Standards applicable to all uses in the RCC district.
17.29.070 Other required conditions.
17.29.080 Specific authorization for phased commercial development.
17.29.090 Authorization to modify requirements of the zone.
17.29.010 Purpose.
The resort community commercial (RCC) district is intended to implement the Recreation Resort Mixed Use (RRMU) Future Land Use Map (FLUM) designation. The district is an optional implementing district and may only be implemented with a negotiated ORS Chapter 94 development agreement (hereinafter “statutory development agreement”). The district provides a commercial attraction core and employment center complemented by other general commercial uses and vertical mixed use. The district is supported by surrounding high, medium and low density residential development, preferably with an RRMS FLUM designation. (Ord. 2020-02 § 2)
17.29.020 Uses permitted.
A. Public and Institutional Uses.
1. Amphitheater.
2. Convention center.
3. Cultural and historical facilities and exhibits.
4. Educational institutions and research facilities.
5. Essential emergency communications, early warning and associated facilities.
6. Government administrative/office.
7. Information kiosks.
8. Observation towers.
9. Outdoor and indoor recreation facilities.
10. Public parking lots.
11. Transportation uses, defined in Chapter 17.08 LCMC.
12. Utility substation.
13. Conversion (see definition in Chapter 17.08 LCMC).
14. Affordable housing (see definition in Chapter 17.08 LCMC).
15. Emergency shelters, subject to LCMC 17.80.220 and as defined in LCMC 17.08.010.
16. Conversions, subject to LCMC 17.80.190 and as defined in LCMC 17.08.010.
17. Affordable housing, subject to LCMC 17.80.200 and as defined in LCMC 17.08.010.
18. Residential use of commercial lands as outlined in LCMC 17.80.230.
B. Nonresidential Ground Floor with Residential Above.
1. Animal sales and services: grooming and retail.
2. Art galleries.
3. Art studios.
4. Artisan workshop.
5. Bars, tap rooms and taverns.
6. Business and personal services, such as barber shops, beauty shops, tailors, laundries, printing, and locksmiths.
7. Child care center/family child care home/residential home.
8. Cultural and historical facilities and exhibits.
9. Eating and drinking establishments, including sidewalk cafes.
10. Educational institutions and research facilities.
11. Financial institutions.
12. Gift shops.
13. Government administrative office.
14. Health and fitness club.
15. Hotels, motels, resorts.
16. Laundromats and dry cleaners.
17. Medical facilities such as clinics, outpatient services, health care facilities, etc.
18. Miniature golf.
19. Offices.
20. Outdoor and indoor recreation facilities.
21. Parking lots, public or private.
22. Rental center.
23. Repair and maintenance of permitted retail products.
24. Retail sales/convenience service establishments.
25. Retail sales and rental of outdoor recreation equipment.
26. Spa facilities.
27. Sporting goods store, without outdoor storage.
28. Theaters, indoor.
29. Trade and skilled services.
C. Residential use is authorized when located above the above listed nonresidential uses. Nonresidential use must always be located on the ground floor. Short-term rentals are not an allowed use in this zone.
D. Manufacturing.
1. Art studios.
2. Artisan workshop.
3. Distillery.
E. Commercial Attraction.
1. Art galleries.
2. Brewery.
3. Commercial amphitheater venue.
4. Commercial amusement establishment (indoor and outdoor).
5. Event center.
6. Golf driving range.
7. Gun range, indoor.
8. Miniature golf.
9. Special events.
10. Winery.
F. General Commercial.
1. Animal sales and services: grooming and retail.
2. Bars, tap rooms, and taverns.
3. Business and personal services, such as barber shops, beauty shops, tailors, laundries, printing, and locksmiths.
4. Child care center.
5. Eating and drinking establishments, including sidewalk cafes.
6. Financial institutions.
7. Gift shops.
8. Health and fitness club.
9. Hotels, motels, resorts.
10. Laundromats and dry cleaners.
11. Medical facilities such as clinics, outpatient services, health care facilities, etc.
12. Offices.
13. Parking lots, public or private.
14. Rental center.
15. Repair and maintenance of permitted retail products.
16. Retail sales/convenience service establishments.
17. Retail sales and rental of outdoor recreation equipment.
18. Spa facilities.
19. Sporting goods store, without outdoor storage.
20. Trade and skilled services. (Ord. 2023-26 § 15; Ord. 2022-25 § 27; Ord. 2020-02 § 2)
17.29.040 Standards applicable to all uses in the RCC district.
Each of the following standards and special conditions may be subject to negotiation in the statutory development agreement within the parameters specified below.
A. The maximum building height shall be negotiable in the development agreement, up to 45 feet, which is the maximum permitted by the Lincoln City Charter. Maximum building height applies only to space used for human habitation. “Height” means the vertical distance from the average of the finished ground level at the center of all walls of the building to the highest point of the roof, exclusive of chimneys.
B. The minimum lot size is negotiable.
C. Front Setback. The required front setback shall be negotiable.
D. Side, Rear, Street Side, and Interior Setbacks. The required side, rear, street side and interior setbacks shall be negotiable.
E. Landscaping shall generally comply with Chapter 17.55 LCMC, except that landscaping requirements may be varied when agreed to in the development agreement.
F. All development in the RCC contributes to maintenance of open space, through financial assessment provisions in the statutory development agreement, with said open space to be maintained as identified in the statutory development agreement. The development agreement will specify the open space property for which the development shares maintenance responsibility.
G. The maximum lot coverage, including all impervious surfaces, shall not exceed 90 percent unless so negotiated in the statutory development agreement.
H. There is no minimum or maximum floor to area ratio, provided the maximum lot coverage does not exceed 90 percent unless so negotiated in the statutory development agreement.
I. Outdoor storage of goods and materials as an independent use not in conjunction with another use is prohibited.
J. There is no maximum residential density.
K. Outdoor displays of goods and materials for retail establishments are permitted on private property in front of the retail establishments, provided such displays do not block safe ingress and egress from all entrances and exits including those specifically for emergency use. Such displays shall not block safe pedestrian or vehicular circulation areas, block required parking areas, emergency accessways or interfere with landscape areas such that those areas will be prone to damage, or otherwise create a hazard. In addition, outdoor display of goods and materials shall be properly and safely stored inside during nonbusiness hours. Moreover, outdoor displays shall not encroach in public rights-of-way, including but not limited to streets, alleys or sidewalks, without express written permission of the city council as reflected in an executed temporary license, release and hold harmless agreement. License agreements shall require safe, sturdy and secure outdoor displays and may be subject to an annual fee determined by resolution of the city council. (Ord. 2022-15 § 15; Ord. 2020-02 § 2)
17.29.050 Signs.
Signs shall be permitted in accordance with the provisions of Chapter 17.72 LCMC. An approved statutory development agreement may modify standard city sign regulations. (Ord. 2020-02 § 2)
17.29.060 Parking.
Off-street parking shall be provided in accordance with Chapter 17.56 LCMC, unless modified through an approved statutory development agreement. Temporary overflow parking may be authorized if negotiated in the development agreement. (Ord. 2020-02 § 2)
17.29.070 Other required conditions.
A. Environmental Protections. There shall be no modification of environmental protection regulations in the city code, except that in a statutory development agreement the minimum amount of relief necessary may be granted when it is necessary to access the property or is necessary to avoid a taking of all reasonable economic use of the property.
B. No development shall occur in the RCC zone unless all city services (sewer and water and transportation) are available to serve such development as the impacts of the development occur. (Ord. 2020-02 § 2)
17.29.080 Specific authorization for phased commercial development.
Notwithstanding any other provision of this title, a statutory development agreement implementing the RCC zone may authorize the use of a multi-phase commercial preliminary master plan. The multi-phase commercial preliminary master plan may include multiple discrete phases identified in an associated timetable of development and consistent with the time limitations established in the negotiated statutory development agreement. Multi-phase commercial preliminary and final master plans are approved through the development review process. The creation of discrete parcels for conveyance shall comply with subdivision or partition requirements of LCMC Title 16. (Ord. 2022-15 § 16; Ord. 2020-02 § 2)
17.29.090 Authorization to modify requirements of the zone.
To address the unique status of the RCC district, the city and the property owner(s) may modify development uses, requirements, and standards specified or referenced in this zone from the otherwise applicable provisions of this code. The timetable of development requirements of LCMC Title 16 and this title may be modified in a statutory development agreement reviewed and approved as provided in ORS Chapter 94 and Chapter 17.96 LCMC. Floodplains and floodways shall not be modified or exempted. (Ord. 2020-02 § 2)