Chapter 17.143
CC (COMMUNITY COMMERCIAL) ZONE
Sections:
17.143.010 Purpose.
17.143.020 Permitted uses.
17.143.030 Conditional uses.
17.143.040 Approval standards for conditional uses.
17.143.050 Conditions imposed where zone change to CC zone abuts a residential zone.
17.143.060 Property development standards.
17.143.070 Landscaping.
17.143.080 Traffic impact analysis.
17.143.010 Purpose.
The purpose of the CC (community commercial) zone is to implement the rural development policies of the Comprehensive Plan. This zone is applied to land committed to or intended for commercial uses within urban unincorporated communities, rural communities, and rural service centers, as those terms are defined in the Comprehensive Plan and Oregon Administrative Rules. The uses within the CC zone are functionally classified by description of the particular activity or by reference to a category in the “Standard Industrial Classification Manual, 1987” (SIC). The SIC index number is referenced as an aid to interpretation of uses. Where the term used to describe a use is defined in Chapter 17.110 MCC, the definition takes precedence over any SIC classification. [Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000. RZ Ord. § 143.010.]
17.143.020 Permitted uses.
Within any CC community commercial zone no building, structure, or premises shall be used, or arranged, except as permitted by this title. Only the following uses may be permitted in the specified unincorporated community, as those communities are defined in the Comprehensive Plan:
A. All Communities. The following uses are permitted in an existing building or a new or expanded building up to 4,000 square feet in a rural community or in a new or expanded building up to 8,000 square feet in an urban community, subject to MCC 17.143.060(D):
1. Automobile repair (SIC 7532 and 7538);
2. Restaurant (SIC 5812);
3. Tavern (SIC 5813);
4. Office for professional services;
5. Nursery, lawn and garden supply store (SIC 5261);
6. Used merchandise store (SIC 5932);
7. Hardware store (SIC 5251);
8. Meat and fish markets (SIC 5421);
9. Fruit and vegetable market (SIC 5431);
10. Candy, nut, and confectionery store (SIC 5441);
11. Retail bakery (SIC 5461);
12. Gift and souvenir shop (SIC 5947);
13. Retail art dealer;
14. Service station (SIC 5541);
15. Household appliance store (SIC 5722);
16. Radio, television, and consumer electronics store (SIC 5731);
17. Sporting goods store (SIC 5941);
18. Book store (SIC 5942);
19. Florist (SIC 5992);
20. Coin-operated laundry and dry cleaning (SIC 7215);
21. Photographic studio (SIC 7221);
22. Beauty and barber shop (SIC 7231 and 7241);
23. Shoe repair shop (SIC 7251);
24. Repair services, including electrical; watch, clock and jewelry; reupholstery and furniture (SIC 76);
25. Watch, clock and jewelry repair (SIC 763);
26. Video tape rental (SIC 7841);
27. Gunsmith;
28. Special trade contractors (SIC 17).
B. All Communities. The following uses are permitted without size limitations, unless specified in an unincorporated community designated in the Comprehensive Plan:
1. Grocery store, limited to a maximum of 8,000 square feet of floor space in an urban community and a maximum of 4,000 square feet of floor space in a rural community (SIC 5411 and 5499);
2. Agricultural equipment repair;
3. Agricultural services (SIC 07);
4. Caretaker’s dwelling;
5. Uses legally established and existing on July 19, 2000. Such uses are permitted pursuant to this section only on the lot(s) or parcel(s) where they existed on July 19, 2000;
6. Wireless communication facilities attached, subject to MCC 17.125.110 and pursuant to MCC 17.115.110;
7. Expansion of an existing commercial use under the following circumstances:
a. The use will have a maximum floor space of 4,000 square feet in a rural community or 8,000 square feet in an urban community after the expansion; or
b. The use is intended to serve the community and surrounding rural area or the travel needs of people passing through the area;
8. Fire station;
9. Public and private utility facilities and buildings including cooperatives necessary for public service.
C. Brooks-Hopmere.
1. Used motor vehicle sales (SIC 5521) with a maximum of 8,000 square feet of floor space.
D. Labish Village.
1. Used motor vehicle sales (SIC 5521) with a maximum of 4,000 square feet of floor space.
E. Mehama. The following uses are permitted in an existing building or a new or expanded building with a maximum of 4,000 square feet of floor space:
1. Food store (SIC 54);
2. Eating and drinking places (SIC 58);
3. Building materials, hardware, garden supply, and mobile home dealers (SIC 52);
4. General merchandise store (SIC 53);
5. Automotive dealers and gasoline services (SIC 55);
6. Apparel and accessories stores (SIC 56);
7. Home furniture, furnishing and equipment (SIC 57);
8. Miscellaneous retail (SIC 59);
9. Depository institutions (SIC 60);
10. Nondepository credit institutions (SIC 61);
11. Security and commodity broker, dealer and services (SIC 62);
12. Insurance carrier (SIC 63);
13. Insurance agent, broker and services (SIC 64);
14. Real estate (SIC 65);
15. Holding and other investment offices (SIC 67);
16. Photographic portrait studio (SIC 7221);
17. Tax return preparation service (SIC 7291).
F. Quinaby.
1. Public warehousing and storage (SIC 422) with a maximum of 4,000 square feet of floor space. [Ord. 1326 § 4 (Exh. A), 2012; Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000. RZ Ord. § 143.020.]
17.143.030 Conditional uses.
When authorized under the procedure provided for conditional uses in this title, the following uses will be permitted in a CC zone, subject to MCC 17.143.040:
A. Home occupations, subject to MCC 17.120.075;
B. Retail and service uses not listed in MCC 17.143.020 and not exceeding 4,000 square feet of floor space in a rural community nor 8,000 square feet of floor space in an urban community (SIC 50 through 89 except 70 and 88);
C. Wireless communications facilities subject to MCC 17.120.080.
D. Medical marijuana dispensary (see MCC 17.110.374), subject to MCC 17.120.120 and not exceeding 4,000 square feet of floor space in a rural community nor 8,000 square feet of floor space in an urban community. [Ord. 1372 § 4 (Exh. A), 2016; Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000. RZ Ord. § 143.030.]
17.143.040 Approval standards for conditional uses.
Conditional use requests in the CC zone are subject to all the following criteria:
A. The use will not force a significant change in, or significantly increase the cost of, accepted farm or forest practices on surrounding lands devoted to farm or forest use;
B. The proposed use will not, by itself or in combination with existing uses in the community, result in public health hazards or adverse environmental impacts that violate state or federal water quality regulations;
C. The proposed use will not, by itself or in combination with existing uses in the community, exceed the carrying capacity of the soil or of existing water supply resources and sewer services;
D. The traffic generated by the proposed use is consistent with the identified function, capacity, and level of service of transportation facilities serving the community; and
E. The proposed use will not create significant adverse effects on existing uses or permitted uses on adjacent land, considering such factors as noise, dust and odors. [Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000. RZ Ord. § 143.040.]
17.143.050 Conditions imposed where zone change to CC zone abuts a residential zone.
In any zone change or reclassification of property to a CC zone where the territory proposed to be changed abuts upon a residential zone, or abuts upon a street or alley which would be the boundary line between the proposed CC zone and the residential zone, conditions to preserve neighborhood qualities may be imposed by the governing body relating to:
A. Size and location of signs;
B. Size, type and location of outdoor lighting;
C. Landscaped areas;
D. Screening;
E. Building setbacks;
F. Ingress and egress for commercial uses. [Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000. RZ Ord. § 143.050.]
17.143.060 Property development standards.
A. Height. The maximum height of any structure shall be 35 feet.
B. Setbacks.
1. Front Yard. No structure other than a fence, wall, or sign shall be located closer than 20 feet from a public right-of-way. When by ordinance a greater setback or a front yard of greater depth is required than specified in this section, then such greater setback line or front yard depth shall apply (see Chapter 17.112 MCC).
2. Side and Rear Yard. No side or rear yard setback is required where abutting property is zoned for commercial or industrial use. Where not abutting a commercial or industrial zone, structures other than fences, walls, and signs shall comply with the following setbacks:
a. Residential or public zone: 10 feet;
b. Farm or forest zone: 30 feet.
3. Parking. Parking spaces may abut public rights-of-way and side and rear property lines adjacent to commercial, industrial, or public zones, subject to the landscaping requirements in MCC 17.143.070. Parking spaces shall be set back a minimum of 10 feet from residential, agricultural, and forest zones.
C. Lot Area.
1. Rural Communities. The building site shall be of sufficient size to accommodate on-site sewage disposal and water systems unless these services are provided by a public or community source or can be accessed by easement, required parking, landscaping, and yard areas.
2. Urban Communities. The minimum size of any new lot or parcel shall be one acre.
D. Parcel Coverage.
1. Rural Communities. No more than 60 percent of a lot or parcel shall be covered by all buildings located thereon.
2. Urban Communities. No more than 75 percent of a lot or parcel shall be covered by all buildings located thereon.
E. Parking. The off-street parking and loading requirements of Chapter 17.118 MCC apply.
F. Access to State Highways. Any new or expanded use with frontage on a state highway shall demonstrate that the property has access approved by the Oregon Department of Transportation or approved access to an alternative public right-of-way.
G. In addition to the provisions in Chapter 17.118 MCC, for a new use in a stormwater management area of an urban unincorporated community, except for a single-family dwelling on a lot, all driveways, parking and loading areas shall be developed and maintained as follows: all parking and loading areas and driveways thereto shall be paved to provide an all-weather surface with asphalt concrete, portland cement concrete, clay bricks or concrete blocks. The type of surfacing shall be approved by the Marion County department of public works. Parking and loading areas shall be adequately designed, graded, and drained. Drainage connections to a public storm drain system shall be approved by the Marion County department of public works. A stormwater detention system conforming to the Marion County department of public works’ standards may be required. Alternate paving materials and methods may be allowed if approved by the public works director. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000. RZ Ord. § 143.060.]
17.143.070 Landscaping.
The following provisions apply to lots and parcels upon which a new structure is erected, or where a graveled or unimproved lot is paved, or a lot is newly developed for the outdoor sale or display of merchandise, goods or services:
A. Front yards shall be provided with a landscaped area at least three feet wide adjacent to the right-of-way line, exclusive of through direct driveways, on every lot upon which a new structure is erected, or where a graveled or unimproved lot is paved, or a lot is newly developed for the outdoor sale or display of merchandise, goods or services.
B. Side and rear yards abutting a residential zone shall be landscaped adjacent to parking and loading zones.
C. The landscaping required in subsections (A) and (B) of this section shall include a single type of shrub or tree or a variety of shrubs, trees, and ground cover. [Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000. RZ Ord. § 143.070.]
17.143.080 Traffic impact analysis.
Applications for all new uses and expansions of existing uses of greater than 25 percent of the floor area on July 19, 2000, in the community commercial zone within an urban community shall:
A. Be accompanied by a traffic impact analysis, approved by the Marion County department of public works, that:
1. Quantifies the effect of the proposed development on the transportation facilities serving the community; and
2. Identifies proposed improvements and modifications, if necessary, to ensure that the traffic generated by the proposed use is consistent with the identified function, capacity, and level of service of transportation facilities serving the community; and
B. The improvements and modifications described in subsection (A)(2) of this section shall be completed prior to approval of the building permit for the new or expanded use. [Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000. RZ Ord. § 143.080.]