Chapter 17.28
C-1 – RETAIL COMMERCIAL DISTRICT
Sections:
17.28.010 Description and purpose.
17.28.020 Permitted buildings and uses.
17.28.030 Buildings and uses permitted conditionally.
17.28.050 Building or structural height limitations.
17.28.070 Parking requirements.
17.28.010 Description and purpose.
This district is intended to create, preserve and enhance attractive commercial areas serving the shopping and personal service needs of residents of the surrounding area. Within the downtown core of the city, as designated in the adopted town center plan, the retail commercial district may include residential uses, to provide a mixture of shopping and living environments. C-1 districts shall be located along major streets, and may be of any size, from a small area to serve the needs of a neighborhood to a large district to serve commercial traffic in the downtown area or adjacent to Highway 62. [Ord. 2008-12 § 2 (Exh. A); Ord. 2001-18 § 1; Ord. ZN/CH-86-1 § 1 (Exh. A § 3.080), 1986].
17.28.020 Permitted buildings and uses.
A. Retail stores and shops supplying commodities or performing service, including shopping centers, and stores or shops in which up to 50 percent of the floor area is used for manufacture of items sold on the premises, such as picture frames or furniture.
B. Professional or business offices.
C. Personal service and convenience establishments, such as laundromats, dry cleaners, beauty shops, health clubs, banks, etc.
D. Eating, entertainment and dancing establishments.
E. Off-street parking lots and garages.
F. Buildings and uses owned by the city of Eagle Point.
G. Accessory buildings normal and incidental to allowed uses.
H. Temporary uses and sidewalk sales approved by the city council.
I. Adult businesses, provided they are located at least 100 feet from the following uses: public or private schools, churches, public parks, the downtown civic center, including the City Hall and library, day care facilities, and video or game arcades.
J. Existing residences and additions thereto.
K. Churches.
L. Home occupations in existing residential dwellings only subject to EPMC 17.52.100. [Ord. 9-101 § 2, 1991; Ord. ZN/CH-86-5 § 2, 1986; Ord. ZN/CH-86-1 § 1 (Exh. A § 3.081), 1986].
17.28.030 Buildings and uses permitted conditionally.
The planning commission may grant a conditional use permit in accordance with the standards and procedure set forth in Chapter 17.84 EPMC for any such other buildings or uses as the commission determines to be in keeping with the district purposes. Such other uses shall not have any different or more detrimental effect upon the adjoining neighborhood areas than permitted uses in the zone. In addition, the following are conditional uses which may be authorized, and for which a conditional use permit is required:
A. All allowable uses not conducted wholly within a permanent, fully enclosed building, except off-street parking facilities, temporary uses, and sidewalk sales.
B. Public and semi-public utility and service buildings, structures and uses.
C. In the area designated as commercial on the adopted town center plan and central commercial on the comprehensive plan map, residential uses and planned unit developments when developed in conjunction with a commercial component. Mobile home parks or subdivisions shall not be permitted. Such uses shall be subject to the requirements of the R-4 (high density multiple-family) district, except as follows:
1. There shall be no lot width, depth, or minimum size limitations.
2. The mixed use, high density residential standard shall allow a maximum of 30 units/acre (1,400 square feet per unit).
3. Interior side yard setbacks shall be five feet from the first story, 10 feet for each additional story, where abutting an R-1 district.
4. Alley side yard setbacks shall be 10 feet where abutting an R-1 district.
D. Any uses, including those listed as permitted uses above, which, in the opinion of the planning director, are of a size, character, or location such that they may cause disturbing, dangerous, or damaging noise, odor, traffic, vibration, hazard of fire or explosion, or similar impacts on surrounding properties.
E. Drive-up services or windows.
F. Automobile service stations and related uses.
G. Churches, schools, clubs, lodges, and meeting halls; care or lodging of indigent persons.
H. Bars, cocktail lounges, night clubs, including facilities which have entertainment and/or sale of alcoholic beverages, but not including restaurants which serve alcohol solely as part of their food service function.
I. Bed and breakfast facilities under the provisions of EPMC 17.52.310. [Ord. 2009-01 § 2 (Exh. B); Ord. 2008-12 § 2 (Exh. A); Ord. 2001-18 § 2; Ord. ZN/CH-86-1 § 1 (Exh. A § 3.082), 1986].
17.28.040 Yard regulations.
In the C-1 district, each lot shall have yards of the following size unless otherwise provided for in Chapter 17.52 or 17.56 EPMC:
A. Front yard setback: zero feet. Exception: the front yard shall be 15 feet for the purpose of calculating fence heights.
B. Side yard setback: zero feet. Exception: 10 feet per story when adjacent to a residentially zoned district, and 15 feet on a street side yard for the purpose of calculating fence heights.
C. Rear yard setback: zero feet. Exception: 10 feet per story when adjacent to a residentially zoned district.
D. General Requirements.
1. All yards shall be permanently maintained.
2. The site plan committee may require additional setbacks, landscaping, or screening where appropriate.
3. Any parking lot or area shall be set back at least five feet from any front or side yard property line and the setback area shall be landscaped. The site plan committee may allow exceptions to this requirement where special circumstances make such exception beneficial to the overall site design, and where the landscaping and esthetic effect of the five-foot setback is offset with design features on other parts of the site. [Ord. ZN/CH-86-1 § 1 (Exh. A § 3.083), 1986].
17.28.050 Building or structural height limitations.
In the C-1 district, there are no building or structural height limitations, except within 100 feet of a residential zone, in which case the height limitations of the residential zone shall apply. [Ord. ZN/CH-86-1 § 1 (Exh. A § 3.084), 1986].
17.28.060 Lot regulations.
A. Area and Dimensions. In the C-1 district, the minimum lot area shall be 6,000 square feet, and the lot shall have a minimum width of 60 feet, except in the area designated central commercial in the comprehensive plan, where there shall be no lot area or dimension requirements.
B. Coverage and Density Requirements. In the C-1 district, there are no lot coverage and density requirements, except as provided in the yard setback and off-street parking requirements. [Ord. ZN/CH-86-1 § 1 (Exh. A § 3.085), 1986].
17.28.070 Parking requirements.
Off-street parking shall be provided on site as required by Chapter 17.72 EPMC, except that, in the area designated central commercial in the comprehensive plan, the site plan committee may waive the on-site parking requirements for an individual lot or business where off-street parking is provided within 400 feet of the lot, to the standards of Chapter 17.72 EPMC. [Ord. ZN/CH-86-1 § 1 (Exh. A § 3.086), 1986].
17.28.080 Fences and walls.
In the C-1 district, fences, hedges, and walls shall not exceed three and one-half feet in height above the sidewalk grade, within the front yard setback area or street side yard setback area. Vision clearance shall be required on all street corner lots. On an interior lot, a wall, fence or hedge not more than eight feet in height may be located anywhere on the lot to the rear of the required front yard or street side yard setback line.
When a C-1 district adjoins a residential district, the site plan committee or planning commission may require that a fence, wall or hedge be erected along and immediately adjacent to the abutting property line that is the zone boundary. All fences, walls and hedges shall be properly constructed, maintained, trimmed and kept in good condition and repair. [Ord. ZN/CH-86-1 § 1 (Exh. A § 3.087), 1986].