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In a C-3 zone, the following uses and their accessory uses are permitted:

A. All uses and conditional uses permitted in the C-1 and C-2 zones, except those listed in Section 17.33.020;

B. Existing lawfully established single-family dwellings built and occupied prior to October 26, 2021.

1. Lots for these uses will be limited to their current sizes and cannot be expanded.

2. If the single-family dwelling is not occupied for more than a year as a residential use, it is no longer considered a permitted use.

3. Short-term rentals and resident-occupied short-term rentals will be considered a continued residential use for this code provision;

C. Existing lawfully established two-family dwellings built and occupied prior to October 26, 2021.

1. Lots for these uses will be limited to their current sizes and cannot be expanded.

2. If the two-family dwelling is not occupied for more than a year as a two-family dwelling, it is no longer considered a permitted use;

D. A new or existing lawfully established accessory dwelling unit which is accessory to, and on the same lot as, an existing lawfully established single-family dwelling built and occupied prior to October 26, 2021, subject to the following standards:

1. The accessory dwelling unit may be established by:

a. Conversion of an attic, basement, or garage or any other portion of the primary dwelling;

b. Adding floor area to the primary dwelling, including a second story; or

c. Construction of a detached accessory dwelling unit on a lot with a primary single-family dwelling.

The existing lawfully established single-family dwelling shall remain designated as the primary dwelling.

2. The square footage of the accessory dwelling shall not exceed 50 percent of the primary dwelling exclusive of the garage, or 1,000 square feet, whichever is less. The minimum area shall be as determined by the state of Oregon Building Codes Division.

3. The building coverage of a detached ADU may not be larger than the building coverage of the primary dwelling.

4. The accessory dwelling shall meet all applicable standards for this zone including, but not limited to, setbacks, height, and building codes in effect at the time of construction. The maximum height allowed for a detached ADU is the lesser of 25 feet or the height of the primary dwelling.

5. The structure’s appearance, including siding, roofing, materials, and color shall coincide with that used on the primary dwelling unit, including roof pitch, eaves, window fenestration patterns, etc.

6. Not more than one accessory dwelling unit shall be allowed per lot or parcel.

7. The accessory dwelling unit shall contain a kitchen, bathroom, living, and sleeping area completely independent from the primary dwelling.

8. Manufactured homes, recreational vehicles, motor vehicles, travel trailers and all other forms of towable or manufactured structures, not to include modular structures, shall not be used as an accessory dwelling unit.

9. ADUs are exempt from the residential density standards of this code.

10. Occupancy and use standards for an ADU shall be the same as those applicable to a primary dwelling on same site.

11. That a legally nonconforming accessory structure which is accessory to an existing lawfully established single-family dwelling may be converted to an accessory dwelling unit in accordance with the requirements of Chapter 17.63 (Nonconforming Uses);

E. Condominiums subject to the provisions of the R-4 zone, except that within the city center housing overlay zone designated in Chapter 17.66, density limitations of the R-4 zone shall not apply, and any special development standards of the overlay zone shall supersede those of the R-4 zone;

F. Multiple-family dwellings subject to the provisions of the R-4 zone, except that within the city center housing overlay zone designated in Chapter 17.66, density limitations of the R-4 zone shall not apply, and any special development standards of the overlay zone shall supersede those of the R-4 zone;

G. Upper-story residential use;

H. One ground floor dwelling (accessory use to business) per business building;

I. Auction house;

J. Auditorium exhibition hall, or other public assembly room;

K. Automobile, boat, trailer, or truck rental, sales, or service;

L. Automobile repair garage;

M. Bank or similar financial institution;

N. Bicycle sales or repair shop;

O. Book or stationery store, retail;

P. Building materials supply store, retail;

Q. Business and trade school or college not objectionable due to noise, odor, dust, smoke, vibration, or other reasons;

R. Church;

S. Clothing store, retail;

T. Club, lodge, hall, or fraternal organization;

U. Cocktail lounge;

V. Community building;

W. Custom manufacturing of goods only for retail sale on the premises;

X. Department store, retail;

Y. Dressmaking, millinery, or tailor shop;

Z. Dry goods or notions store, retail;

AA. Electric appliance or equipment, sales and service;

BB. Farming or logging, implement or machinery, sales or service;

CC. Floor covering sales and service;

DD. Frozen food locker, retail;

EE. Furniture store, retail;

FF. Garden supply store, nursery, or green house, retail;

GG. Government building including armory, maintenance, repair, or storage facility;

HH. Hardware and paint store, retail;

II. Hospital and clinic;

JJ. Household, business, or recreational equipment sales or rental;

KK. Ice dispenser, retail;

LL. Interior decorating shop;

MM. Jewelry store, retail;

NN. Laundry cleaning establishment;

OO. Library or museum;

PP. Locksmith;

QQ. Lumber or building material sales, retail;

RR. Medical or dental laboratory;

SS. Monument sales, retail;

TT. Mortuary or funeral home, including crematorium;

UU. Music or musical instrument store, retail;

VV. Nursing/convalescent home;

WW. Office;

XX. Paint or glass store, retail;

YY. Parking structure or lot;

ZZ. Pawnshop or secondhand goods store, provided all merchandise is stored in a building;

AAA. Pet store, retail;

BBB. Photographic shop, blueprinting, photostating, or other reproduction process;

CCC. Plumbing and heating store;

DDD. Printing or publishing plant;

EEE. Public utility building and facility;

FFF. Recreational vehicle park;

GGG. Retail or wholesale stores or businesses not involving manufacturing, processing, or compounding of products other than that which is clearly incidental to the business conducted on the premises; and provided, that not more than 50 percent of the floor area of the building is used in the manufacturing, processing, or compounding of products, and such operations or products are not objectionable due to noise, odor, dust, smoke, vibration, or other similar causes;

HHH. Rubber stamp manufacture, provided all products are sold on the premises;

III. Scientific or professional instrument sales or service;

JJJ. Sewage pump station;

KKK. Shoe store, retail;

LLL. Sign painting shop;

MMM. Storage garage or mini-storage buildings;

NNN. Studio, including music, dancing, art, photography, or health;

OOO. Tavern;

PPP. Taxi stand;

QQQ. Taxidermy shop;

RRR. Theater;

SSS. Toy or hobby store, retail;

TTT. Upholstery or furniture repair shop;

UUU. Variety store, retail;

VVV. Veterinary office or animal hospital, provided there are no runs or pens and no noise is audible beyond the property line;

WWW. Wholesale office or showroom with merchandise on the premises limited to small parts and samples;

XXX. Social relief facility, under the following provisions:

1. The structure is maintained in its residential character; operators own, lease, or rent the property and reside therein; and the center is operated at a usage level equal to or subservient to the residential use of the structure.

2. Five or fewer people unrelated to the operator reside at the home at any one time.

3. Requirements of the Oregon State Structural Specialty and Fire Life Safety Code (UBC), as amended, are met;

YYY. Day care facility (adult), under the following provisions:

1. The structure is not a residence.

2. Requirements of the Oregon Building Codes (including any Fire Life Safety Code), as amended, are met.

3. Operator must have the appropriate licenses required by state regulations. (Ord. 5105 §2 (Exh. B), 2021; Ord. 5104 §2 (Exh. B), 2021; Ord. 5060 §2 (Exh. C), 2018; Ord. 4900 §2, 2008; Ord. 4479A §4 (part), 1991; Ord. 4279 §1(C), 1984; Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).