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(1) Non-Residential Development Within S-CN/HDR/MU Zone. For development sites in areas abutting Garden Way, non-residential uses are conditionally permitted on the ground floor if all of the following standards are met:

(a) The primary entrance shall be oriented towards Garden Way.

(b) Each non-residential use shall be limited to a total of 2,500 square feet of floor area.

(c) Maximum front yard setback shall be no greater than 20 feet.

(d) For new and completely rebuilt buildings, no off-street parking shall be located between the front facade of any building and Garden Way.

(e) In new developments, and developments with completely rebuilt buildings, 60% of the site frontage abutting Garden Way shall be occupied by a building within the maximum setback or by an enhanced pedestrian space. No more than 20% of the 60% may be an enhanced pedestrian space.

(f) Building Entrances:

1. All building sides that face an adjacent public street shall feature at least one customer entrance.

2. Building sides facing two public streets may feature one entrance at the corner.

(g) Ground floor walls shall contain windows across a minimum of 50 percent of the length of the street-facing wall of the building. Windows shall have sills at 30 inches or less above grade.

(h) Except as provided for rowhouses, minimum residential density of 20 units per net acre shall still be met.

(2) Churches, Synagogues and Temples. These uses will be allowed only with a CUP. Primary and accessory structures associated with the religious use are limited in size, at the ground floor, to no more than 10,000 square feet.

(3) Manufactured Home Park. The number of spaces designed for manufactured homes in the park shall comply with minimum residential density standards for the Chase Gardens Node.

(4) Business Size Limits in S-CN/C. Except as provided herein, no single retail store, single retail tenant, or number of retail tenants sharing a common space shall occupy more than 20,000 square feet of building area within the same building. Notwithstanding this general rule, within the S-CN Special Area Zone, 1 store may occupy up to 50,000 square feet of building area in a single building if that store’s primary use of building area is for grocery sales. The limitations of this subsection do not apply to offices or other non-retail uses, which may occupy more than 50,000 square feet of building area.

(5) Motion Picture Theater. A motion picture theater must be a single screen or an accessory to other uses, such as a restaurant, live theater, or for private use.

(6) Information Technology Services and E-Commerce. May not have more than 15 employees and customers on-site at any one time.

(7) Adjustment. An adjustment may be made to the special use limitations in this section if consistent with the criteria in EC 9.8030(18).

(8) Separation between Retail Marijuana Uses. No portion of the premises of a retail marijuana use may be located within 1,000 feet from the premises of another retail marijuana use.

(a) “Premises” means the location of a retail marijuana use described in a license issued by the Oregon Liquor Control Commission pursuant to ORS 475B.105.

(b) “Retail Marijuana Use” means a recreational marijuana retail facility licensed by the Oregon Liquor Control Commission pursuant to ORS 475B.105.

(c) “Within 1,000 Feet” means a straight line measurement in a radius extending for 1,000 feet or less in every direction from the closest point anywhere on the premises of a retail marijuana use to the closest point anywhere on the premises of another retail marijuana use.

(Section 9.3116, added by Ordinance No. 20267, enacted November 12, 2002, effective March 3, 2003; and administratively corrected March 31, 2003; amended by Ordinance No. 20602, enacted July 23, 2018, effective August 24, 2018; Ordinance No. 20667, enacted May 24, 2022, effective June 25, 2022; Ordinance No. 20699, enacted November 13, 2023, effective December 31, 2023.)