(A) Purpose. This district is intended to provide for the location of small businesses and services in residential sections of the city for the convenience of nearby residents; also to recognize existing uses of this type within the city. New N-C Districts have a maximum area of 40,000 square feet of contiguous land. The businesses are intended to fit into the residential pattern of development and not create either land use, architectural or traffic conflicts. The above site sizes for new N-C Districts and the following regulations are intended to protect the residential environment.
(B) Uses permitted outright. The following uses are permitted in the N-C District:
(1) Any commercial enterprise, provided the floor area of every such use does not exceed 7,000 square feet, except grocery stores which shall not exceed 10,000 square feet;
(2) Multiple-family dwellings, triplexes, apartment houses and manager’s office;
(3) Residential care homes and facilities, and the licensing requirement in O.R.S. 197.660 through 197.670;
(4) Residential uses in conjunction with another permitted use;
(5) Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage facilities, are permitted; and
(6) Bed and breakfast establishments which are consistent with § 152.051.
(C) Conditional uses. The following conditional uses may be permitted subject to a conditional use permit:
(1) Any public facility as defined in the development code;
(2) Planned unit developments subject to the provisions of § 152.072;
(3) Rear lot development subject to § 152.072;
(4) Nursing homes subject to § 152.051; and
(5) Recreational and accessory uses (including, but not limited to, ball fields, golf courses, other recreational uses and uses accessory to such uses including, but not limited to, restaurants associated with such recreational use or uses, club house, driving range, putting greens, pro shop, meeting facilities, swimming pools, tennis and basketball courts, snack shop, walking paths and jogging/bike trails).
(D) Height regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 45 feet in height. For exceptions, see § 152.050.
(E) Lot requirements and design. The following lot requirements and design standards shall be observed and apply to all new development. (Note: Residential uses are required to comply with all lot requirements of the R-O Zoning District.)
(1) Lot area. No minimum requirements. Maximum of 40,000 square feet.
(2) Lot width.
(a) Each lot for an attached dwelling or business shall have a minimum width of 20 feet.
(b) Each lot for a detached dwelling or business shall have a minimum width of 50 feet.
(c) The lot width may be reduced further for rear lot development.
(3) Lot depth. No requirements.
(4) Front yard. The front yard setback shall be a minimum of 20 feet. Corner lot front yard setbacks, one side must have a minimum of ten feet. Front yard setbacks may be reduced to ten feet for an enclosed porch, portico or other architectural feature that is connected directly to a building entrance.
(5) Side yard. None, except when a side lot line is abutting a lot in an R-7.5, R-5.0 or R-O District, then the side yard shall be a minimum of ten feet. The portions of buildings or structures along a required side yard which are above the 20 foot height must be inset an additional one-half foot for each foot of height exceeding 20 feet.
(6) Rear yard. None, except when a rear lot line is abutting a lot in an R-7.5, R-5.0 or R-O District, then the rear yard shall be a minimum of ten feet. The portions of buildings or structures along a required side yard which are above the 20 foot height must be inset an additional one-half foot for each foot of height exceeding 20 feet.
(a) Address numbers on buildings are oriented towards the street for clear identification of the building.
(b) Buildings and their entrances shall be oriented towards the street for pedestrian circulation, safety and crime prevention except if conditions such as lot size, shape, topography or other circumstances over which the applicant has no control apply to the property.
(c) Vehicle/pathway separation for residential buildings larger than a duplex, and commercial buildings. Where pathways are parallel and adjacent to a driveway or street (public or private), they shall be raised six inches and curbed, or separated from the driveway/street by a five-foot minimum strip with bollards, a landscape berm or other physical barrier. If a raised path is used, the ends of the raised portions must be equipped with curb ramps.
(d) Parking lots, for residential buildings larger than a duplex and commercial buildings, are located at the side or rear of (or under) buildings for reduced interrupted pedestrian circulation and safety and site appearance.
(e) Garages accessed by the alley may be provided for attached housing, duplexes, triplexes and fourplexes to reduce the dominance of the garage and automobile presence on the property, and improve attractive and pedestrian-friendly streetscapes.
(f) Alleys are encouraged in new development. Alleys may be provided under recorded access easements and do not count against required minimum lot area.
(g) Permanent solid waste containers and receptacles shall be screened away from public view.
(h) Address numbers on buildings are oriented towards the street for clear identification of the building.
(i) Pedestrian and bicycle access and circulation:
1. Continuous pathways. The pathway system shall extend throughout the development site, and connect to all future phases of development, adjacent trails, public parks and open space areas whenever possible. The developer may also be required to connect or stub pathway(s) to adjacent streets and private property, in accordance with the provisions of this Development Code.
2. Safe, direct and convenient pathways. Pathways within developments shall provide safe, reasonably direct and convenient connections between primary building entrances, and all adjacent streets.
3. Pathway connectivity. Pathways (for pedestrians and bicycles) shall be provided at or near mid-block where the block length exceeds the length required by street standard of § 152.052. Pathways shall also be provided where cul-de-sacs or dead-end streets are planned, to connect the ends of the streets together, to other streets and/or to other developments as per cul-de-sac standards of § 152.051. Pathways used to comply with these standards shall conform to all of the following criteria:
a. Multi-use pathways (i.e., for pedestrians and bicyclists) are no less than six-feet wide and located within a ten-foot right-of-way or easement that allows access for emergency vehicles; and
b. If surrounding streets are lighted, pathways shall also be adequately lit.
(G) Off-street parking and loading. Off-street parking and loading space shall be provided as required in § 152.054.
(H) Other required conditions.
(1) No single business shall have a floor area exceeding 7,000 square feet, except grocery stores.
(2) All uses shall be conducted wholly within an enclosed building, except for off-street parking and loading facilities.
(3) In any N-C District directly across the street or abutting any R-7.5, R-5.0 or R-O District, the parking and loading area shall be set back at least ten feet from the street right-of-way. These areas shall be appropriately landscaped either along the residential street frontage, side yard or rear yard to protect the character of adjoining and adjacent residential property. Such landscaping shall be maintained.
(4) See § 152.051, applying to special uses where applicable.
(5) Nothing herein contained shall be deemed to prohibit the use of vacant property or prohibit the secondary/accessory use of the subject property for urban farming gardening or fruit raising for subsistence or commercial purposes.
(6) All conditional use permits are required to be taken through the site plan review process as listed in § 152.070.
(8) All alterations of non-conforming uses or structures are required to be taken through the review process as described in § 152.073.
(Ord. 1285, passed 3-3-2014; Ord. 1335, passed 7-2-2018) Penalty, see § 152.999