18.15.070 Corridor commercial (C-1), downtown commercial (C-2), and community commercial (C-3)

18.15.070 Corridor commercial (C-1), downtown commercial (C-2), and community commercial (C-3).

(a) Types of Uses. For the purposes of this section, there are three types of uses:

(i) A permitted use (P) is a use which is permitted outright subject to zoning review or site plan approval, as applicable, and to all of the applicable provisions of this code. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the provisions of MDC 18.80.320.

(ii) A conditional use (C) is a use which must be approved at the discretion of the Planning Commission, is subject to site plan approval, and must comply with all of the applicable provisions of this code. The conditional use specific approval process and criteria are set forth in Chapter 18.65 MDC. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of MDC 18.80.320.

(iii) A prohibited use (X) is one which is expressly prohibited in the zone. In addition, uses not specifically listed as permitted or conditional in MDC Table 18.15.070-1, or which are deemed to be similar uses pursuant to MDC 18.80.320, are also prohibited.

(b) Use Table. A list of permitted, conditional, and prohibited uses in commercial zones is presented in MDC Table 18.15.070-1.

Table 18.15.070-1. Uses in the C-1, C-2, and C-3 Zones
Uses	C-1	C-2	C-3	Limitations and qualifications
Residential living	X	P	P	See MDC Table 18.15.070-2 for permitted housing types. In the C-1 zone dwellings in existence prior to July 25, 2006, are nonconforming uses subject to MDC 18.50.010.
Residential home facilities; residential care facilities, boarding houses	X	P	P	In accordance with ORS 197.665 (e.g., adult foster care).
Accessory structure	P	P	P	If not included as part of a site plan review, accessory structures under 950 square feet are permitted through zoning review, provided they meet the design standards for development in the C-2 and C-3 zones; accessory structures of 950 square feet or more are subject to site plan review. Shipping containers, rail cars, semi-trailers and similar structures may not be used for temporary (or permanent) storage on parcels occupied by a dwelling unit.
Bakeries	P	P	P	Includes similar food processing where goods are to be sold primarily on site and to the general public.
Bed and breakfast	X	X	X
Bulk fuel facilities	X	X	X
Churches	P	P	P
Commercial storage facility	C	X	X	Subject to the provisions of MDC 18.30.180.
Day care	P	P	P
Eating and drinking establishments	P	P	P	Eating and drinking establishments including drive-throughs/drive-ins are permitted in C-1, not permitted in C-2, and are a conditional use in C-3. Drive-through/drive-in facilities subject to standards in MDC 18.30.160.
Entertainment uses	P	P	P	Such as theaters and indoor amusement, e.g., bowling alleys and similar uses.
Governmental uses	P	P	P	Such as City Hall, fire stations, police stations, and offices for governmental agencies
Home occupations	X	P	P	See MDC 18.30.090. Must be located in a lawfully established dwelling.
Light manufacturing	C	C	C	Such as small-scale crafts, electronic equipment, furniture, similar goods when in conjunction with retail.
Lodges or civic organizations	P	P	P
Marijuana retailer	P	P	P	Marijuana businesses must meet the requirements of MDC 18.30.140.
Marijuana testing laboratories	P	P	P
Medical marijuana dispensary	P	P	P
Model homes	X	X	X
Mortuary, crematorium	P	C	P
Office uses	P	P	P	Includes medical and dental offices, clinics, and laboratories.
Public buildings	P	P	P	Such as libraries, museums, community centers, and concert halls.
Public parks, recreation areas, and community centers	P	P	P
Public parking lots and facilities	P	P	P
Public utilities, except for communication towers	P	P	P	Necessary public utilities and public services with safeguards against harm to adjacent or abutting residential property as required by the Planning Commission.
Retail trade and services	P	P	P	Vehicle-oriented retail trade and services are not permitted in C-2 zone.
Schools	C	C	C
Temporary uses	P	P	P	Subject to the provisions of MDC 18.30.010.
Veterinary clinics	C	P	P

1Notwithstanding anything to the contrary, conditional use approval is required if a commercial use abuts or is otherwise within 50 feet, measured from property line to property line at the closest points, of a residential zone and is larger than 10,000 square feet and/or 40 feet or taller.

(a) Types of Housing Units. For the purposes of this section, the types of permitted housing are listed in MDC Table 18.15.070-2 below. Minimum lot sizes noted for specific housing types apply only to new lots of record. Existing nonconforming lots are permitted to develop housing types permitted in the applicable zone as long as all development standards in MDC Table 18.15.070-3 can be met.

Table 18.15.070-2. Housing Types in the C-1, C-2, and C-3 Zones
Residential Use Category	C-1	C-2	C-3	Limitations and qualifications
Accessory dwelling unit	P	P	P	(a) Permitted in conjunction with existing single detached dwelling.
Townhouse	X	P	P	(a) Permitted on lots 1,500 square feet or greater. (b) No more than six consecutive townhouses that share a common wall(s) or a total street-facing width not to exceed 150 feet, whichever is less. A set of six townhouses with common walls is allowed to be adjacent to a separate set of six townhouses with common walls. (c) See MDC 18.30.191, Townhouse design and development standards.
One to four dwelling units, attached or detached	X	P	P	(a) One to three units are permitted on lots 5,000 square feet or greater, per MDC 18.50.030. (b) One to four units are permitted on lots 7,500 square feet or greater. (c) See MDC 18.30.190, Residential design standards. (d) Notwithstanding anything herein to the contrary, no standalone detached single-unit dwellings are permitted in the C-2 or C-3 zones. Existing standalone detached single-unit dwellings in C-1, C-2, and C-3 zones are nonconforming uses subject to MDC 18.50.010.
Cottage cluster	X	P	P	(a) Permitted on lots 7,500 square feet or greater. Single detached cottages permitted on lots 1,500 square feet or greater, when dwelling is a cottage and is part of a cottage cluster that meets all the requirements of a cottage cluster. (b) See MDC 18.30.192, Cottage cluster design and development standards.
Apartments	X	P	X	(a) Permitted on lots 7,500 square feet or greater (first four units), plus 1,000 square feet for each additional dwelling unit in C-2 zone. (b) See MDC 18.30.190, Residential design standards. (c) See MDC 18.40.030(7), Standards for Approvals for Needed Housing.

(3) Development Standards. In the C-1, C-2, and C-3 zones, the development standards in MDC Table 18.15.070-3 apply. The standards in MDC Table 18.15.070-3 are not applicable to cottage cluster development or townhouse development. See development standards for these housing types in MDC 18.30.191 and 18.30.192.

Table 18.15.070-3. Development Standards in the C-1, C-2, and C-3 Zones
Standard	Commercial Zones			Limitations and Qualifications
Standard	C-1	C-2	C-3	Limitations and Qualifications
A. Lot Size Requirements
1. Minimum lot size (square feet)	N/A	7,500	N/A	Minimum lot size applies to all new lots of record other than lots created as part of townhome or cottage cluster developments. For permitted housing types on this lot size see MDC Table 18.15.070-2 above. See MDC 18.50.030.
2. Minimum street frontage requirements (feet)	N/A	25
B. Development Standards
1. Minimum setbacks (feet)
a. Front	None, except structure(s) must not be < 10 from the property line where the commercial lot line abuts residentially zoned parcels.	No minimum setback.
b. Side
c. Rear
2. Maximum setbacks (feet)	N/A	5	5	This standard is met when 100% of the front building elevation is placed no more than five feet back from the front property line. On parcels with more than one building, this standard applies to the largest building. The setback standard may be increased when a usable public space with pedestrian amenities (e.g., extra-wide sidewalk, plaza, pocket park, outdoor dining area, or seating area) is provided between the building and front property line. On through lots (lots with front and rear frontage on a street), this standard applies only to the designated front setback.
3. Building height
a. Minimum building height (feet)	N/A	20	N/A
b. Maximum building height (feet)	45
4. Minimum density (dwelling units per gross acre)	N/A	12	12	Only applies to standalone residential uses.
5. Landscaping, minimum percentage of lot	15%	10% of any off-street parking area	10% of any off-street parking area	All residential uses in the C-2 and C-3 zones other than cottage cluster developments must also provide 50 square feet per dwelling unit for passive use, such as patios (ground level or rooftop), decks, balconies, etc.

(4) Parking Regulations. Parking must meet the requirements of MDC 18.25.050.

(5) Sanitation Regulations. Before any structure receives a certificate of occupancy, it must be connected to the City sewer system where the structure is within 300 feet of an existing City sewer.

(6) Water Regulations. Before any structure receives a certificate of occupancy, it must be connected to the City water system unless authorized by the City for connection to any adjoining water system.

(7) Flood Hazard Areas. Any structure proposed to be located in the flood hazard area must meet the standards of the Federal Emergency Management Agency (FEMA) and Chapter 18.45 MDC.

(8) Lighting. All lighting must comply with the outdoor lighting standards.

(9) Outdoor Storage, Trash Collection, and Loading Areas. Must comply with the outdoor storage, trash collection and loading area standards in MDC 18.25.110.

(10) Landscaping and Screening. All landscaping and screening must comply with the landscaping standards.

(11) Design Review. Permitted residential uses are allowed outright. They are subject to design standards in MDC 18.30.190. Townhouses and cottage clusters are subject to additional design standards above and beyond MDC 18.30.190. See MDC 18.30.191 and 18.30.192. All development in the commercial zones is subject to the Design Review Standards as applicable. [Ord. 968 § 2.5 (Exh. E), 2022; Ord. 933 § 3.7, 2019.]