HomeMy WebLinkAboutOrdinance 2015-004 EX H - Medical Marijuana Dispensaries
Chapter 18.74 1 (4/2015)
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Chapter 18.74. RURAL COMMERCIAL ZONE
18.74.010. Purpose.
18.74.020. Uses Permitted – Deschutes Junction and Deschutes River Woods Store.
18.74.025. Uses Permitted – Spring River.
18.74.027. Uses Permitted – Pine Forest and Rosland.
18.74.030. Development Standards.
18.74.050. Maps.
18.74.010. Purpose.
The purpose of this chapter is to establish standards and review procedures for development in the Rural
Commercial Zone. The Rural Commercial (RC) zone provisions implement the comprehensive plan
policies for rural commercial development and associated uses outside of unincorporated communities and
urban growth boundaries.
(Ord. 2003-080 §1, 2003, Ord. 2002-019 §2, 2002)
18.74.020. Uses Permitted – Deschutes Junction and Deschutes River Woods Store.
A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright and do not
require site plan review:
1. Single-family dwelling.
2. Manufactured home subject to DCC 18.116.070.
3. Two-family dwelling.
4. Type 1 Home Occupation, subject to DCC 18.116.280.
5. Agricultural uses.
6. Class I and II road or street project subject to approval as part of a land partition or subdivision, or
subject to the standards and criteria established in DCC 18.116.230.
7. Class III road or street project.
8. A lawfully established use existing as of 11/05/02, the date this chapter was adopted, not otherwise
permitted by this chapter.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted
subject to the applicable provisions of this chapter and DCC 18.116 and 18.128:
1. A building or buildings not exceeding 2,500 square feet of floor space to be used by any
combination of the following uses.
a. Restaurant, café or delicatessen.
b. Grocery store.
c. Tavern.
d. Retail sporting goods and guide services.
e. Barber and beauty shop.
f. General store.
g. Video store.
h. Antique, art, craft, novelty and second hand sales if conducted completely within an enclosed
building.
i. Medical marijuana dispensary subject to DCC 18.116.320, Medical Marijuana Dispensary.
2. Expansion of a nonconforming use listed under section B(1)(a-h), existing as of 11/05/2002, the
date this chapter was adopted, shall be limited to 2,500 square feet or 25 percent of the size of the
building as of said date, whichever is greater.
3. A building or buildings not exceeding 3,500 square feet of floor space to be used by any
combination of the following uses.
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a. Retail sales of agricultural or farm products.
b. Farm machinery sales and repair.
c. Kennel.
d. Veterinary clinic.
e. Automobile service station and repair garage, towing service, fuel storage and sales.
f. Public or semi-public use.
g. Residential use in the same building as a use permitted by this chapter.
h. Park or playground.
4. Expansion of a nonconforming use listed under section B(3)(a-h), existing as of 11/05/2002, the
date this chapter was adopted, shall be limited to 3,500 square feet or 25 percent of the size of the
building as of said date, whichever is greater.
C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable
provisions of this chapter and DCC 18.116, 18.124 and 18.128:
1. A building or buildings not exceeding 3,500 square feet of floor space to be used by any
combination of the following uses.
a. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
b. Utility facility.
c. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
d. Child care center.
e. Church.
f. School.
2. Recreational vehicle park
3. Mini-storage facilities limited to 35,000 square feet in size.
(Ord. 2015-004 §8, 2015; Ord. 2008-008 §1, 2008; Ord. 2004-002 §20, 2004; Ord. 2002-019 §2, 2002)
18.74.025. Uses Permitted – Spring River.
A. Uses Permitted subject to Site Plan Review. The following uses and their accessory uses are permitted
subject to the applicable provisions of this chapter and DCC 18.116 and18.124:
1. A building or buildings not exceeding 2,500 square feet of floor space to be used by any
combination of the following uses:
a. Fishing supplies and equipment.
b. Snowmobiling accessories.
c. Marine accessories.
d. General store.
e. Hardware store.
f. Convenience store with gas pumps.
g. Fast food restaurant, cafe, or coffee shop.
h. Recreational rental equipment store.
i. Excavation business.
j. Landscaping business/service.
k. Health care service.
l. Beauty shop.
m. Video store.
o. Post office.
p. Party supply.
q. Equipment sales and rental.
r. Appliance store.
s. Bank.
t. Exterminator.
u. Private mailing and packaging store.
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v. Bakery.
w. Medical marijuana dispensary subject to DCC 18.116.320, Medical Marijuana Dispensary.
2. Expansion of a nonconforming use listed in section A(1)(a-vw), existing as of 11/05/02, the date
this chapter was adopted, shall be limited to 2,500 square feet or 25 percent of the size of the
building as of said date, whichever is greater.
3. A building or buildings not exceeding 3,500 square feet of floor space to be used by any
combination of the following uses:
a .Pet and livestock supply.
b. Farm machinery sales and repair.
4. Expansion of a nonconforming use listed in section A(3)(a-b), existing as of 11/05/02, the date this
chapter was adopted, shall be limited to 3,500 square feet of floor space or 25 percent of the size of
the building as of said date, whichever is greater.
B. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable
provisions of this chapter and DCC 18.116, 18.124 and 18.128:
1. A building or buildings not exceeding 2,500 square feet of floor space to be used by any
combination of the following uses:
a. Full service gas station with automobile repair services.
b. Welding shop.
c. Mini-storage units
2. Expansion of a nonconforming use listed in section B(1)(a-c), existing as of 11/05/02, the date this
chapter was adopted, shall be limited to 2,500 square feet or 25 percent of the size of the building as
of said date, whichever is greater.
C. Definitions. For the purposes of DCC 18. 74.120, the following definitions shall apply:
1. Landscaping business/service: Includes designing landscapes, site grading and preparation, placing
boulders, planting trees and shrubbery, installing sod, installing irrigation systems and equipment,
installing fencing, and landscape maintenance, but does not include on-site cultivation of plants or
plant materials or any on-site retail sales.
2. Health care service: A business providing the diagnosis, treatment and care of physical and/or
mental disease, injury and/or disability, but not including a hospital facility or a nursing home as
defined in DCC 18.04.
3. Beauty Shop: A full service beauty salon which would include haircuts, permanents, washes, nails,
etc., and the retail sales of incidental beauty supplies typical of any beauty salon.
4. Mini-storage units: Self-service mini-storage units of various sizes from 5’ x 10’ up to 12’ x 24’.
5. Video store: The sale and rental of videotapes, compact disc movies and audio books.
6. Laundry and dry cleaners: Dry cleaners, shirt laundry and laundromat with self-service washers
and dryers along with the sale of detergents, bleaches, etc.
7. Post office: United States Postal Service office including mail pick-up and distribution.
8. Party supply: The sale and rental of party supplies such as balloons, streamers, costumes, dishes,
linens and silverware.
9. Equipment sales and rental: The rental of construction, home repair and maintenance equipment
such as ladders, mowers, saws, gardening supplies, etc., and the sales of related equipment.
10. Appliance store: The sale and service of household appliances such as televisions, ranges,
refrigerators, etc.
11. Bank: Full service consumer bank for checking, savings, loans, safety deposit boxes, etc.
12. Exterminator: Exterminator of insects and other pests such as rodents, spiders, etc.
13. Private mailing and packaging store: Private mail boxes and packaging services, which would
include the holding and distribution of mail, packing, mailing supplies, FEDEX and UPS pick-up,
and FAX and copy machine availability.
14. Bakery: The manufacture and sale of bread, donuts and pastries.
15. Pet and livestock supplies: The sale of pet supplies such as dog and cat food, collars, grooming
needs, shelters and some large animal supplies such as hay, feeds and grains.
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(Ord. 2015-004 §8, 2015; Ord. 2008-008 §1, 2008; Ord. 2006-008 §7, 2006; Ord. 2002-019 §2, 2002; Ord.
97-015 §1, 1997; Ord. 96-046 §1, 1996; Ord. 96-023 §1, 1996)
Section 18.74.027. Uses Permitted – Pine Forest and Rosland.
A. Uses Permitted Outright. Any use listed as a use permitted outright by DCC 18.74.020(A).
B. Uses Permitted subject to Site Plan Review. The following uses and their accessory uses are permitted
subject to the applicable provisions of this chapter and DCC 18.116 and 18.124:
1. A building or buildings each not exceeding 2,500 square feet of floor space to be used by any
combination of the following uses that serve the surrounding rural area or the travel needs of
persons passing through the area:
a. Eating and drinking establishments.
b. Retail store, office and service establishments.
c. Medical marijuana dispensary subject to DCC 18.116.320, Medical Marijuana Dispensary.
2. Expansion of a nonconforming use existing as of 11/05/2002 shall be limited to 2,500 square feet or
25 percent of the size of the building (or portion of the building) housing the nonconforming use as
of said date, whichever is greater.
3. A building or buildings each not exceeding 3,500 square feet of floor space to be used by any
combination of the following uses:
a. Sales of agricultural or farm products.
b. Farm machinery sales and repair.
c. Kennel or veterinary clinic.
d. Automobile service station, repair garage, towing service, fuel storage and fuel sales.
e. Public or semi-public use.
f. Residential use in the same building as a use permitted in this chapter.
g. Park or playground.
4. Expansion of a nonconforming use existing as of 11/05/2002 shall be limited to 3,500 square feet
each or 25 percent of the size of the building (or portion of the building) housing the nonconforming
use as of said date, whichever is greater.
C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable
provisions of this chapter and DCC 18.116, 18.124 and 18.128:
1. A building or buildings each not exceeding 3,500 square feet of floor space to be used by any of the
following uses:
a. Home occupation as defined in DCC 18.04.
b. Utility facility.
c. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
d. Child care center.
e. Church.
f. School.
2. Recreational vehicle park.
3. Mini-storage facilities limited to 35,000 square feet in size.
(Ord. 2015-004 §8, 2015; Ord. 2008-008 §1, 2008; Ord. 2007-007 §1, 2007; Ord. 2003-080, §1, 2003)
18.74.030. Development Standards.
A. Yard Standards.
1. Front Yard. The front yard shall be 20 feet for a property fronting on a local road right-of-way, 30
feet for a property fronting on a collector right-of-way and 80 feet for a property fronting on an
arterial right-of-way.
2. Side Yard. A side yard shall be a minimum of 10 feet, except a lot or parcel with a side yard
adjacent to land zoned exclusive farm use or forest use shall have a minimum side yard of 50 feet.
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3. Rear Yard. The minimum rear yard shall be 20 feet, except a lot or parcel with a rear yard adjacent
to land zoned exclusive farm use or forest use shall have a minimum side yard of 50 feet.
B. Existing Residential and Commercial Lots.
On-site sewage disposal. For existing lots or
parcels, an applicant shall demonstrate that the
lot or parcel can meet DEQ on-site sewage
disposal rules prior to approval of a site plan or
conditional use permit.
C. New Lot Requirements
1. Residential Uses.
a. The minimum lot size is one (1) acre.
b. On-site sewage disposal. For new lots or parcels, an applicant shall demonstrate that the lot or
parcel can meet DEQ on-site sewage disposal rules prior to final approval of a subdivision or
partition.
2. Commercial and Public Uses.
a. The minimum lot size for a commercial use served by an on-site septic system and individual
well or community water system shall be the size necessary to accommodate the use.
b. Each lot shall have a minimum width of 150 feet.
c. On-site sewage disposal. For new lots or parcels, an applicant shall demonstrate that the lot or
parcel can meet DEQ on-site sewage disposal rules prior to final approval of a subdivision or
partition.
D. Solar Setback. The setback from the north lot line shall meet the solar setback requirements in DCC
18.116.180.
E. Building Code Setbacks. In addition to the setbacks set forth herein, any greater setbacks required by
the applicable building or structural codes adopted by the State of Oregon and/or the County under DCC
15.04 shall be met.
F. Lot Coverage.
1. Lot coverage for dwellings and accessory buildings used primarily for residential purposes shall not
exceed twenty-five (25) percent of the total lot area.
2. Lot coverage for buildings used primarily for commercial and industrial purposes shall be
determined by spatial requirements for sewage disposal, landscaping, parking, yard setbacks and
any other elements under site plan review.
3. Primary and accessory buildings to be used for purposes other than residential, commercial or
industrial shall not cover more than 30 percent of the total lot or parcel.
G. Building Height. No building or structure shall be erected or enlarged to exceed thirty (30) feet in
height, except as allowed under DCC 18.120.040.
H. Off-Street Parking and Loading. Off-street parking and loading shall be provided subject to the
provisions of DCC 18.116, Supplementary Provisions.
I. Outdoor Lighting. All outdoor lighting on site shall be installed in conformance with DCC 15.10,
Outdoor Lighting Control.
J. Signs. All signs shall be constructed in accordance with DCC 15.08, Signs.
(Ord. 2008-008 §1, 2008; Ord. 2007-007 § 1, 2007; Ord. 2006-008 §7, 2006; Ord. 2003-080 §1, 2003, Ord.
2002-019 §2, 2002)
18.74.050. Maps.
(Ord. 2007-007 § 2, 2007)
(Ord. 2003-080 § 1, 2003)
(Ord. 2002-019 § 2, 2002)