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(A) In order to allow an owner of multiple adjoining discrete lots or parcels to construct upon the area of land under the same ownership and without regard to interior lot lines (treating the entirety of the land as a single lot or parcel by reference to the exterior perimeter lines only), the city recognizes three separate methods to permit such construction pursuant to § 155.190:
(1) Re-plat of the lots under the same ownership pursuant to O.R.S. 92.180 et seq. into one or more lots or parcels, and satisfying the criteria and provisions of Chapter 152;
(2) Lot/parcel line adjustment per O.R.S. 92.010(11) and 92.190, provided that each resulting lot or parcel meets the criteria for a new discrete lot or parcel pursuant to this chapter and Chapter 152;
(3) A deed restriction recorded against each lot or parcel proposed to be used for purposes of setback and other requirements or restrictions within this chapter and Chapter 152, which satisfies the following requirements:
(a) The deed restriction identifies the city as a third party beneficiary of the restriction;
(b) The deed restriction states that no lot or parcel identified within the document may be sold separately from any other lot or parcel within the restriction;
(c) That the intent of the deed restriction is to treat the combined land within the identified lost or parcels as a single lot or parcel for purposes of this chapter and Chapter 152; and
(d) That the deed restriction runs with the land.
(B) Procedure for removal of deed restriction. The procedure to be followed in applying for removal of the deed restriction established pursuant to division (A)(3) shall be the same as those provided in §§ 155.085 through 155.094.
(C) Criteria for review of request for removal of deed restriction. The Planning Commission may authorize removal of the deed restriction established pursuant to division (A)(3) if the following conditions are satisfied:
(1) Each discrete lot or parcel and any structures thereon meet all requirements of this chapter and Chapter 152 in effect at the time of the application, including, but not limited to, setbacks, street frontage, minimum parcel size for new lots, primary structures and/or uses, accessory structures and/or uses, and limitations on single dwellings per lot or parcel;
(2) All utility services and equipment remain on and within the lot or parcel on which the structure they serve is located; and
(3) In permitting the removal of the deed restriction, the Planning Commission may impose, in addition to those standards and requirements expressly specified by this chapter, additional conditions which it finds necessary to avoid a detrimental environmental impact and to otherwise protect the best interest of the surrounding area or the community as a whole.
(Ord. 514, passed 5-12-2008)
(A) Uses permitted outright in a General Commercial Zone (C-1). General walk-in commercial uses and operations that are predominately retail or service establishments dealing with ultimate consumers. Single-family residential use of commercial structures within the C-1 Zone shall be permitted only in conjunction with an operational commercial use provided that such residential use is secondary in nature to the main use of the structure for its commercial activities, and the occupying residents are the owners and/or operators of the commercial activities. The residential use shall not be visible from, and shall not deter or obstruct the street front use of, the building for commercial activities. Residential uses of commercial structures shall cease within six months of discontinuance of commercial activity, until such time as a new commercial activity is begun.
(B) Conditional uses permitted:
(1) Churches;
(2) Church parsonages;
(3) Community clubs;
(4) Government structures and land uses:
(5) Convalescent homes;
(6) Clinics;
(7) Libraries;
(8) Museums;
(9) Public parks;
(10) Public utility structures and lines;
(11) Radio and television transmitters and lines;
(12) Railroad rights-of-way;
(13) Schools;
(14) Light industrial operations;
(15) Passenger terminals;
(16) One and two-family dwellings;
(17) Multi-family dwellings; and
(18) Overnight recreational vehicle accommodations in conjunction with hotel/motel operations.
(C) Prohibited uses:
(1) Wrecking yard;
(2) Travel trailer park;
(3) Mobile home park;
(4) Wholesale establishments and warehouses;
(5) Heavy industrial use;
(6) Building and related contractor uses;
(7) Excavating contractor use;
(8) Heavy retail sales such as, but not limited to:
(a) Automotive sales;
(b) Tire sales and services;
(c) Trailer sales and services; and
(d) Pleasure craft sales and rental;
(9) Drive-in theaters; and
(10) Race tracks.
(D) Lot size requirements. Lots shall have size and dimensional standards as necessary for traffic circulation, off-street parking, loading and unloading, and similar activities, as approved by the Planning Commission and City Council from detailed plans presented.
(E) Setback requirements.
(1) Setback requirements for lots adjacent to residential areas shall be the same as the standards in the residential area.
(2) There shall be no setback requirement for lots along Main Street.
(3) Lots other than along Main Street shall have setbacks established for suitable parking and traffic patterns as approved by the Planning Commission and City Council from detailed plans presented.
(Ord. 337, passed 6-11-1979; Ord. 451, passed 7-8-1996; Ord. 512, passed 2-11-2008)
(A) Uses permitted outright in a Heavy Commercial Zone (C-2). All general commercial uses. Single-family residential use of commercial structures within the C-2 Zone shall be permitted only in conjunction with an operational commercial use provided that such residential use is secondary in nature to the main use of the structure for its commercial activities, and the occupying residents are the owners and/or operators of the commercial activities. The residential use shall not be visible from, and shall not deter or obstruct the street front use of the building for commercial activities. Residential uses of commercial structures shall cease within six months of discontinuance of commercial activity, until such time as new commercial activity is begun.
(B) Conditional uses:
(1) Churches;
(2) Church parsonages;
(3) Convalescent homes;
(4) Clinics;
(5) Schools;
(6) Light industrial uses;
(7) Public structures and land uses;
(8) Wrecking yards;
(9) Travel trailer parks;
(10) Large wholesale establishments and warehouses;
(11) Public utility structures and lines;
(12) One and two-family dwellings; and
(13) Multi-family dwellings.
(C) Prohibited uses:
(1) Mobile home parks; and
(2) Any use declared a nuisance by statute, by action of the City Council, or by a court of competent jurisdiction is prohibited in the C-2 Zone.
(D) Lot size requirements. Lots for proposed commercial expansion or new construction shall have size and dimensional standards as necessary for traffic circulation, off-street parking, loading and unloading, and similar activities as approved by the Planning Commission and the City Council. Lot size for other uses shall conform to requirements set forth in other use sections of this chapter.
(E) Setback requirements. Setback requirements for lots adjacent to existing residential areas shall be the same as standards in the residential area. All other lots shall have setbacks established for suitable parking and traffic patterns, as approved by the Planning Commission and City Council from detailed plans presented.
(Ord. 337, passed 6-11-1979; Ord. 437, passed 1-11-1993; Ord. 512, passed 2-11-2008)
(A) Uses permitted outright in a Commercial Amusement Zone (C-3): all public or private non-profit amusement, cultural, or recreational uses.
(B) Conditional uses:
(1) Residential buildings accessory to a commercial use such as caretaker residences;
(2) Travel trailer parks; and
(3) Grandstands over 35 feet in height.
(C) Prohibited uses. Any use declared a nuisance by statute, ordinance, action of the City Council, or by a court of competent jurisdiction, or which may be objectionable by reason of emission of odor, dust, smoke, gas, or noise; provided that the City Council shall have the power, upon recommendation of the Planning Commission, to grant conditional and revocable permits for any such use within the zone after public hearing and examination of the location, and upon due proof to the satisfaction of the Council, that the maintenance of such use will not be unduly detrimental to adjacent and surrounding properties.
(D) Setback requirements. Setbacks shall be established for suitable parking and traffic patterns and shall be compatible with surrounding zones and uses and approved by the Planning Commission and City Council from detailed plans submitted.
(Ord. 337, passed 6-11-1979)
(A) Uses permitted outright in an Industrial Zone (I):
(1) All industrial uses except as indicated in divisions (B) and (C);
(2) Commercial uses associated with manufacturing, processing, or storage of materials;
(3) Large wholesale establishments and warehouses; and
(4) Farm use.
(B) Conditional uses:
(1) Governmental use or activity;
(2) Utility facilities necessary for public service, including, but not limited to, substations, power generating facilities for public and private use, and/or other related structural uses;
(3) Wrecking yards; and
(4) Storage of waste materials or junk.
(C) Prohibited uses. Those uses which have been declared nuisances by statutes or ordinances, by any court of competent jurisdiction, or by the Council, or which may be obnoxious or offensive by reason of emission of odor, dust, smoke, gas, noise, sawdust, soot, or vibrations; provided that the City Council shall have the power, upon recommendation by the Planning Commission to grant conditional and revocable permits for any such use within the Industrial Zone after public hearings and examination of the location and upon due proof to the satisfaction of the Council that the maintenance of such use will not be unduly detrimental to adjacent and surrounding properties, except the following which are declared to be absolutely prohibited:
(1) Acid manufacture;
(2) Cement, lime, gypsum, or plaster of paris manufacture;
(3) Distillation of bones;
(4) Explosives; manufacture or storage;
(5) Fat rendering;
(6) Fertilizer manufacture;
(7) Garbage, offal, or animal reduction or dumping;
(8) Gas manufacture;
(9) Glue manufacture;
(10) Petroleum refining;
(11) Slaughter house, stockyards, or feedlots;
(12) Smelting of tin, copper, zinc, or iron ores;
(13) Tannery; and
(14) All types of residential dwellings.
(D) Lot size requirements. Lots shall have size and dimensional standards as necessary for traffic circulation, off-street parking, loading and unloading, and similar activities as approved by the Planning Commission and City Council from detailed plans presented.
(E) Setback requirements. Setback requirements for lots adjacent to existing residential areas shall be the same as standards in the residential area. All other setbacks shall be sufficient to allow parking, loading, and related traffic circulation as needed by the user.
(Ord. 337, passed 6-11-1979; Ord. 369, passed 4-9-1984)
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