HomeMy WebLinkAboutOrdinance 2015-004 EX F - Medical Marijuana Dispensaries
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18.67.040. Commercial (TuC) District.
The Tumalo Commercial District is intended to allow a range of limited commercial and industrial uses to
serve the community and surrounding area.
A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require
site plan review.
1. Single-family dwelling or duplex.
2. Manufactured home subject to DCC 18.116.070.
3. Type 1 Home Occupation, subject to DCC 18.116.280.
4. Class I and II road or street project subject to approval as part of a land partition, subdivision or
subject to the standards of DCC 18.67.060 and 18.116.230.
5. Class III road or street project.
6. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District
except as provided in DCC 18.120.050.
B. Uses Permitted, Subject to Site Plan Review. The following uses and their accessory uses are permitted
subject to the applicable provisions of DCC 18.67, 18.116 and 18.124:
1. A building or buildings, none of which exceeds 4,000 square feet of floor space to be used by any
combination of the following uses:
a. Retail or service business.
b. Eating and/or drinking establishment.
c. Offices.
d. Residential use in the same building as a use permitted in DCC 18.67.040.
e. Medical marijuana dispensary subject to DCC 18.116.320, Medical Marijuana Dispensary.
2. Any of the uses listed under DCC 18.67.040 proposing to occupy more than 4,000 square feet of
floor area in a building subject to the provisions of DCC 18.67.040(E).
C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable
provisions of DCC 18.116, 18.124, and 18.128:
1. Church.
2. Bed and breakfast inn.
3. Child care center.
4. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
5. Park.
6. Public or semi-public building.
7. Utility facility.
8. Water supply or treatment facility.
9. Manufactured home/RV park on a parcel in use as a manufactured home park or recreational
vehicle park prior to the adoption of PL-15 in 1979 and being operated as of June 12, 1996 as a
manufactured home park or recreational vehicle park, including any expansion of such uses on the
same parcel as configured on June 12, 1996.
10. The following uses and their accessory uses may be conducted in a building or buildings not to
exceed 4,000 square feet of floor space.
a. Farm equipment, sales, service or repair.
b. Trailer sales, service or repair.
c. Vehicle service or repair.
d. Veterinary clinic.
11. The following uses may be conducted in a building or buildings not to exceed 10,000 square feet of
floor space:
a. Manufacturing or production.
b. Wholesale sales.
12. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
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13. Surface mining of mineral and aggregate resources in conjunction with the operation and
maintenance of irrigation systems operated by an Irrigation District, including the excavation and
mining for facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material.
D. Use Limitations. The following use limitations shall apply to the uses listed in DCC 18.67.040(C)(11).
1. Compatibility.
a. Any use expected to generate more than 50 truck-trailer and/or heavy equipment trips per day
to and from the subject property shall not be permitted to locate on a lot or parcel adjacent to or
across a local or collector street from a lot or parcel in a residential district.
2. Traffic and Parking.
a. A use that generates more than 20 auto or truck trips during the peak hour of the day to and
from the premises shall document with facts that the affected transportation facilities are
adequate to serve the proposed use, considering the functional classification, capacity and level
of service of the affected transportation facility.
b. All parking demand generated by uses permitted by DCC 18.67 shall be accommodated entirely
on the premises.
E. Requirements for Large Scale Uses.
1. All uses listed in DCC 18.67.040(B) may have a total floor area exceeding 4,000 square feet but not
greater than 10,000 square feet if the Planning Director or Hearings Body finds:
a. The use is intended to serve the community and surrounding rural area or the traveling needs of
people passing through the area;
b. The use will primarily employ a work force from the community and surrounding rural area;
and
c. It is not practical to contain the proposed use within 4,000 square feet of the floor area.
2. This provision does not apply to uses listed in DCC 18.67.040(C)(10).
3. For the purposes of DCC 18.67.040, the surrounding rural area is described as the following:
extending north to the Township boundary between Townships 15 and 16; extending west to the
boundary of the public lands managed by the U.S. Forest Service in T16S-R11E; extending south to
the south section lines of T17S-R12E sections 4,5,6 and T17S-R11E sections 1,2,3; and extending
east to Highway 97.
F. Design Standards. Ground Floor Windows. The following criteria for ground floor windows apply to
new buildings in the TuC district except those uses listed in DCC 18.67.040(C)(10) and any residential
use. The provisions of DCC 18.124 also apply.
1. The windows must be at least 50 percent of the length of the ground level wall area and 25 percent
of height of the ground level wall area. Ground level wall area includes all exterior wall area up to
nine feet above the finished grade. The window requirement applies to the ground level of exterior
building walls which abut sidewalks or streets.
2. Required window areas shall be either windows that allow views into working areas, lobbies,
pedestrian entrances or display windows.
G. Lot Requirements. No lot shall be created having less than a minimum of 10,000 square feet. Lot
requirements for this district shall be determined by spatial requirements for sewage disposal, required
landscaped areas and off-street parking.
H. Dimensional Standards.
1. Lot Coverage: No lot coverage requirements, provided spatial requirements for parking, sewage
disposal and landscaping are satisfied.
2. No use listed in DCC 18.67.040(C)(10) that is located adjacent to or across a local or collector from
a lot or parcel in a residential district shall exceed 70 percent lot coverage by all buildings, outside
storage, or off-street parking and loading areas.
I. Yard Standards.
1. Front Yard. The front yard shall be a maximum of 15 feet, except as otherwise allowed by DCC
18.124.070 (D)(3).
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The street setback for buildings may be reduced, but not increased, to the average building setback
distance of existing buildings on adjoining lots.
2. Side Yard. No requirement, subject to DCC 18.67.040(I)(4).
3. Rear Yard. No specific requirement, subject to DCC 18.67.040 (I)(4).
4. Exceptions to Yard Standards.
a. Lot line adjacent to a residential zone.
For all new structures or substantial alteration of a structure requiring a building permit on a lot
adjacent to a residential district, the setback shall be a minimum of 15 feet. The required yard
will be increased by one foot for each foot by which the building height exceeds 20 feet.
b. Lot line adjacent to an EFU zone. Any structure requiring a building permit on a lot adjacent to
EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum
of 100 feet from the common property line.
(Ord. 2015-004 §6, 2015; Ord. 2004-013 §7, 2004; Ord. 2004-002 §19, 2004; Ord. 2001-039 §8, 2001;
Ord. 2001-016 §2, 2001; Ord. 2000-033 §11, 2000; Ord. 97-063 §3, 1997; Ord. 97-033 §2, 1997)