Zoning Ordinance

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Section 602.00 - Neighborhood Commercial District (NC)

[Last amended 7/9/98, Ord. 648]

602.01 Purpose

The purpose of the NC District is to provide limited convenience commercial services for a specific residential market area outside urban growth boundaries. This district is intended to maintain the service function of rural hamlets in the county; or to locate a present foreseeable demand for small-scale, local convenience centers in an area where access, traffic-turning movement and off-street parking can be provided in a convenient and economic manner. The size of such centers shall reflect real market demand in the residential areas to be served and the spacing of such centers shall be commensurate with the spacing of existing centers and arterial or collector intersections. In areas adjacent to Highways 99W and 18, the layout and design of such centers shall ensure that the view from the highway and rural atmosphere of the county are not impaired and that the scale and service requirements of the facilities do not have an adverse impact on, unduly compete with, or place any unusual service demands on nearby urban centers.

602.02 Permitted Uses

In the NC District, the following uses shall be permitted subject to the standards and limitations set forth in subsection 602.07 and pursuant to Section 1101 for site design review:

Automobile service station;

Automobile repair garage;

Drive-in restaurant, restaurant, or refreshment stand;

Food store, maximum floor area of two thousand (2,000) square feet;

Dwelling in conjunction with a permitted use. Site design review is not required for the dwelling; [Amended 7/9/98, Ord. 648]

Accessory uses;

Temporary structures as may be required during construction of an authorized permanent structure. Such temporary structure shall be removed upon final inspection of the permanent structure by the Building Inspector.

Community or municipal water supply system;

Community or municipal sewer system; and

Signs, pursuant to the sign provisions set forth in Section 1006.

602.03 Conditional Uses

In the NC District, pursuant to the Type B application procedure as set forth in Section 1301, and subject to the conditional use review criteria listed in Section 1202, and subject to Section 1101 for site design review and any other applicable criteria established by this ordinance, the following uses may be allowed conditionally:

Home occupation, subject to the standards and limitations set forth in Section 1004;

Operations conducted for the exploration of oil, natural gas or geothermal resources, subject to the requirements in subsection 404.10;

Utility facility, subject to Section 1101 for site design review.

602.04 Similar Uses

Any use not specifically listed as a permitted or conditional use in this district that is similar in character, scale and performance to the permitted uses specified in subsection 602.02 may be allowed as a similar use, subject to the provisions of Section 1206, and pursuant to the Type A application procedure set forth in Section 1301.

602.05 Prohibited Uses

Uses of land and water not specifically mentioned in this section, and not allowed as a similar use, are prohibited in the NC District.

602.06 Nonconforming Uses

Nonconforming uses found in the NC District are subject to the nonconforming use provisions of Section 1205 as well as any other applicable provisions of this ordinance.

602.07 Standards and Limitations

In the NC District, the following standards and limitations shall apply:

Dwelling Density.

Not more than one (1) dwelling shall be permitted on any parcel.

Size and Dimension.

Minimum Parcel Size. The minimum parcel size for any use shall be 20,000 square feet, except the minimum parcel size for a planned unit development shall be two (2) acres.

Depth-to-Width Ratio. The maximum depth-to-width ratio for any newly-created parcel shall be 3:1.

Setbacks.

Front Yard. The minimum front yard setback shall be thirty (30) feet, except that the minimum setback for all yards for signs shall be five (5) feet.

Side and Rear Yard. The minimum side and rear yard setbacks shall be ten (10) feet, except as follows:

An accessory structure not more than fifteen (15) feet in height, at least sixty (60) feet from a road and at least ten (10) feet from any dwelling, may be located a minimum distance of three (3) feet from the property line in a side yard or rear yard.

A swimming pool may be located in a required rear yard, provided it lies a minimum of five (5) feet from the rear property line.

Fences, walls and hedges may be permitted in any required yard or along the edge of any yard, subject to the clear-vision area requirements of subsection 602.07(F). [Amended 7/9/98, Ord. 648]

Parcel Coverage.

The maximum parcel coverage shall be appropriate to the use, subject to Section 1101 for site design review.

Access.

Before a dwelling may be established on any parcel as provided in this section, the parcel shall have a legal, safe and passable means of access by abutting at least twenty (20) feet either directly upon a public road, or by a private easement which is at least thirty (30) feet in width for its entire length and which also abuts upon a public road for at least thirty (30) feet. Nothing in this section shall be construed to vary or waive the requirements for creation of new access contained in any Land Division Ordinance legally adopted by Yamhill County.

Clear-Vision Areas.

A clear-vision area shall be maintained on the corner of any parcel at the intersection of any two of the following: County roads, public roads, private roads serving four or more parcels, and railroads. A clear-vision area shall contain no sight-obscuring structures or plantings exceeding thirty (30) inches in height within a triangle formed by the lot corner nearest the intersection, and the two points twenty (20) feet from this corner as measured along the parcel lines adjacent to the intersecting rights-of-way. Trees exceeding this height may be located such that their branches extend into this triangle, provided they are maintained to allow at least twelve (12) feet of visual clearance within the triangle below the lowest hanging branches.

Height.

The maximum building height for any dwelling shall be thirty-five (35) feet;

The maximum building height for all other structures shall be forty-five (45) feet; and

Appurtenances usually required to be placed above the roof level and not intended for human occupancy such as spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys and wind generators are not subject to the height limitations of this ordinance.

Off-street Parking.

Off-street parking and loading requirements for any use in the NC District shall be as provided in Section 1007.

The following uses have been approved as similar uses in the NC district:

axle and hitch assembly shop
beauty salon
tavern
farm equipment sales
furniture sales
lumber sales

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