Zoneomics Logo
search icon

Astoria City Zoning Code

ARTICLE 2

USE ZONES

22-01

22-05

24-05

25-02

23-05

23-08

2.015 PURPOSE

The purpose of the R-1 Zone is to provide an area of low density residential development, their accessory uses, and certain public uses.

HISTORY
Amended by Ord. 22-01 on 11/7/2022

2.020 USES PERMITTED OUTRIGHT

The following uses and their accessory uses permitted in an R-1 Zone if the Community Development Director determines that the uses will not violate standards referred to in Section 2.030 through 2.050, additional Development Code provisions, Comprehensive Plan, and other City laws:

  1. Single-family dwelling.
  2. Two-family Dwelling
  3. Family day care center.
  4. Home occupation, which satisfies requirements in Section 3.095.
  5. Reserved
  6. Manufactured home. See Section 3.140.
  7. Residential home.
  8. Transportation facilities.
  9. Accessory Dwelling Unit.
HISTORY
Amended by Ord. 22-01 on 11/7/2022

2.025 CONDITIONAL USE PERMITTED

The following uses and activities and their accessory uses and activities may be permitted in the R-1 Zone as Conditional Uses when authorized in accordance with Article 11, Conditional Uses. These uses and activities are also subject to the appropriate provisions of Section 2.030-2.050, Development Standards and Procedural Requirements.

  1. Bed and breakfast, or inn.
  2. Group Living Facility, limited to a maximum occupancy of 15 persons.
  3. Day care center.
  4. Cottage cluster development meeting the requirements of Section 3.090.
  5. Public or semi-public use.
  6. Temporary use meeting the requirements of Section 3.240.
  7. Reserved
  8. Home Stay Lodging, which satisfies requirements in City Code Sections 8.750 to 8.800.
HISTORY
Amended by Ord. 22-01 on 11/7/2022

2.030 LOT SIZE

All uses in an R-1 Zone must comply with the following:

  1. The minimum lot size for a single-family dwelling and two-family dwelling is 3,500 square feet.
  2. The minimum lot width for all uses is 40 feet.
  3. The minimum lot depth for all uses is 80 feet.
  4. The maximum lot size for any new single-family or two-family dwelling constructed after January 1, 2023 is 10,000 square feet, excluding the following: a. Areas subject to subject an “unbuildable” or similar designation in a geotechnical analysis completed by a qualified professional; b. Minimum yard areas required by the applicable zoning designation; c. Slopes in excess of 50%; d. Waterways, including streams, rivers, ponds, lakes, and other water courses or water bodies; e. Wetlands; f. Land within existing roadway or public utility rights-of-way; g. Land within an area of special flood hazard, as defined in Section 14.525 of this Code; h. Areas which are subject to an easement or right-of-way that limits building or development in favor of any third party; and i. Any other area determined by the City Engineer and Community Development Director to be unsuitable for future development.
HISTORY
Amended by Ord. 22-01 on 11/7/2022

2.035 YARDS

The minimum yard requirements in an R-1 Zone will be as follows:

  1. The minimum front yard will be 20 feet.
  2. The minimum side yard will be five (5) feet, except on corner lots the side yard on the street side will be 15 feet.
  3. The minimum rear yard will be 20 feet, except on corner lots the rear yard will be five (5) feet.
HISTORY
Amended by Ord. 22-01 on 11/7/2022

2.045 HEIGHT OF STRUCTURES

No structure will exceed a height of 28 feet above grade.

2.050 OTHER APPLICABLE USE STANDARDS

  1. All uses will comply with applicable access, parking, and loading standards in Article 7.
  2. Conditional uses will meet the requirements in Article 11.
  3. Signs will comply with requirements in Article 8.
  4. All structures will have storm drainage facilities that are channeled into the public storm drainage system or a natural drainage system approved by the City Engineer. Developments affecting natural drainage shall be approved by the City Engineer.
  5. Where new development is within 100 feet of a known landslide hazard, a site investigation report will be prepared by a registered geologist. Recommendations contained in the site report will be incorporated into the building plans.
  6. All uses except those associated with single-family or two-family dwellings shall meet the landscaping requirements in Sections 3.105 through 3.120.G. All uses shall comply with applicable lighting standards in Section 3.128.


HISTORY
Amended by Ord. 22-01 on 11/7/2022

2.060 PURPOSE

The purpose of the R-2 Zone is to provide an area for medium density residential development, including single-family dwellings, duplexes, and multi-family dwellings. The policies of the Comprehensive Plan, applicable overlay zone standards, and the standards listed below, will be adhered to.

HISTORY
Amended by Ord. 22-01 on 11/7/2022

2.065 USES PERMITTED OUTRIGHT

The following uses and their accessory uses are permitted in the R-2 Zone if the Community Development Director determines that the uses will not violate standards referred to in Sections 2.075 through 2.095, additional Development Code provisions, Comprehensive Plan policies, and other City laws:

  1. Single-family dwelling.
  2. Two-family dwelling.
  3. Accessory dwelling unit.
  4. Family day care center.
  5. Home occupation, which satisfies requirements in Section 3.095.
  6. Home Stay Lodging, which satisfies requirements in City Code Sections 8.750 to 8.800.
  7. Manufactured dwelling in approved park.
  8. Manufactured home. See Section 3.140.
  9. Residential home.
  10. Transportation facilities.
  11. Cottage cluster development meeting the requirements of Section 3.090.
  12. Residential Facility.
  13. Multi-family Dwelling.
HISTORY
Amended by Ord. 22-01 on 11/7/2022

2.070 CONDITIONAL USES PERMITTED

The following uses and activities and their accessory uses and activities may be permitted in the R-2 Zone as Conditional Uses when authorized in accordance with Article 11, Conditional Uses. These uses and activities are also subject to the appropriate provisions of Section 2.075-2.095, Development Standards and Procedural Requirements.

  1. Bed and breakfast, or inn.
  2. Group Living Facility, limited to a maximum occupancy of 30 persons.
  3. Day care center.
  4. Manufactured dwelling park.
  5. Public or semi-public use.
  6. Restaurant as an accessory use to an Inn. See Section 3.230.
  7. Temporary use meeting the requirements of Section 3.230.
  8. Columbarium, an accessory use to a permitted Place of Worship.
HISTORY
Amended by Ord. 22-01 on 11/7/2022

2.075 LOT SIZE

All uses in an R-2 Zone must comply with the following:

  1. The minimum lot size for a single-family or two-family dwelling is 2,500 square feet. Manufactured dwellings in an approved park may meet the requirements set forth in Section 11.120.
  2. The minimum lot size for a multi-family dwelling is 1,500 square feet per unit.
  3. The minimum lot width is 30 feet.
  4. The minimum lot depth is 80 feet.
  5. The maximum lot size for any new single-family or two-family constructed after January 1, 2023 is 8,000 square feet, excluding the following: a. Areas subject to an “unbuildable” or similar designation in a geotechnical analysis completed by a qualified professional; b. Minimum yard areas required by the applicable zoning designation; c. Slopes in excess of 50%; d. Waterways, including streams, rivers, ponds, lakes, and other water courses or water bodies; e. Wetlands; f. Land within existing roadway or public utility rights-of-way; g. Land within an area of special flood hazard, as defined in Section 14.525 of this Code; h. Areas which are subject to an easement or right-of-way that limits building or development in favor of any third party; and i. Any other area determined by the City Engineer and Community Development Director to be unsuitable for future development.
HISTORY
Amended by Ord. 22-01 on 11/7/2022

2.080 YARDS

The minimum yard requirements in an R-2 Zone will be as follows:

  1. The minimum front yard will be 20 feet.
  2. The minimum side yard will be five (5) feet, except on corner lots the side yard on the street side will be 15 feet.
  3. The minimum rear yard will be 15 feet, except on corner lots the rear yard will be five (5) feet.
  4. For minimum yard requirements in a manufactured dwelling park, refer to 11.120.
HISTORY
Amended by Ord. 22-01 on 11/7/2022

2.090 HEIGHT OF STRUCTURES

No structure will exceed a height of 28 feet above grade.

2.095 OTHER APPLICABLE USE STANDARDS

  1. All uses will comply with applicable access, parking, and loading standards in Article 7.
  2. Conditional uses will meet the requirements in Article 11.
  3. Signs will comply with requirements in Article 8.
  4. All structures will have storm drainage facilities that are channeled into the public storm drainage system or a natural drainage system approved by the City Engineer. Developments affecting natural drainage shall be approved by the City Engineer.
  5. Where new development is within 100 feet of a known landslide hazard, a site investigation report will be prepared by a registered geologist. Recommendations contained in the site report will be incorporated into the building plans.
  6. All uses except those associated with single-family or two-family dwellings shall meet the landscaping requirements in Sections 3.105 through 3.120.
  7. Group Living facilities shall provide usable outdoor area at a ratio of 50 square feet per resident.
  8. All uses shall comply with applicable lighting standards in Section 3.128.I. All uses located within the Neighborhood Greenway Overlay Zone area will comply with the requirements of the Neighborhood Greenway Overlay Zone in Sections 14.130 to 14.138. 


HISTORY
Amended by Ord. 22-01 on 11/7/2022

2.150 PURPOSE

The purpose of the R-3 Zone is to provide an area for high density residential development, accessory uses, and certain public uses. The policies of the Comprehensive Plan, applicable overlay zone standards, and the standards listed below, will be adhered to.

HISTORY
Amended by Ord. 22-01 on 11/7/2022

2.155 USES PERMITTED OUTRIGHT

The following uses and their accessory uses permitted in the R-3 Zone if the Community Development Director determines that the uses will not violate standards referred to in Section 2.165 through 2.185, additional Development Code provisions, Comprehensive Plan policies, and other City laws:

  1. Single-family dwelling.
  2. Two-family dwelling.
  3. Multi-family dwelling.
  4. Accessory dwelling unit.
  5. Family day care center.
  6. Home occupation, which satisfies requirements in Section 3.095.
  7. Home Stay Lodging, which satisfies requirements in City Code Sections 8.750 to 8.800.
  8. Manufactured dwelling in an approved park.
  9. Manufactured home. See Section 3.140.
  10. Residential facility.
  11. Residential home.
  12. Transportation facilities. 
  13. Cottage cluster development meeting the requirements of Section 3.090.
  14. Group Living Facility, exceeding a maximum occupancy of 15 persons.

HISTORY
Amended by Ord. 22-01 on 11/7/2022

2.160 CONDITIONAL USE PERMITTED

The following uses and activities and their accessory uses and activities may be permitted in the R-3 Zone as Conditional Uses when authorized in accordance with Article 11, Conditional Uses. These uses and activities are also subject to the appropriate provisions of Section 2.075-2.095, Development Standards and Procedural Requirements.

  1. Bed and breakfast, or inn.
  2. Group Living Facility, exceeding a maximum occupancy of 45 persons.
  3. Day care center.
  4. Manufactured dwelling park.
  5. Public or semi-public use.
  6. Restaurant as an accessory use to an Inn. See Section 3.230.G. Temporary use meeting the requirements of Section 3.240.
HISTORY
Amended by Ord. 22-01 on 11/7/2022

2.165 LOT SIZE

All uses in an R-3 Zone must comply with the following:

  1. The minimum lot size for a single-family or two-family dwelling is 2,500 square feet. Manufactured dwellings in an approved park may meet the requirements set forth in 11.120.
  2. The minimum lot size for a multi-family dwelling is 1,500 square feet per unit.
  3. The minimum lot width is 30 feet.
  4. The minimum lot depth is 80 feet.
  5. The maximum lot size for any new single-family or two-family dwelling constructed after January 1, 2023 is 8,000 square feet, excluding the following: a. Areas subject to an “unbuildable” or similar designation in a geotechnical analysis completed by a qualified professional; b. Minimum yard areas required by the applicable zoning designation; c. Slopes in excess of 50%; d. Waterways, including streams, rivers, ponds, lakes, and other water courses or water bodies; e. Wetlands; f. Land within existing roadway or public utility rights-of-way; g. Land within an area of special flood hazard, as defined in Section 14.525 of this Code; h. Areas which are subject to an easement or right-of-way that limits building or development in favor of any third party; and i. Any other area determined by the City Engineer and Community Development Director to be unsuitable for future development.


HISTORY
Amended by Ord. 22-01 on 11/7/2022

2.170 YARDS

  1. The minimum yard requirements in an R-3 Zone will be as follows:
    1. The minimum front yard will be 20 feet.
    2. The minimum side yard will be five (5) feet, except on corner lots the side yard on the street side will be 15 feet.
    3. The minimum rear yard will be 15 feet, except on corner lots the rear yard will be five (5) feet.
  2. For minimum yard requirements in a manufactured dwelling park, refer to 11.120.

HISTORY
Amended by Ord. 22-01 on 11/7/2022

2.180 HEIGHT OF STRUCTURES

No structure will exceed a height of 35 feet above grade.

2.185 OTHER APPLICABLE USE STANDARDS

  1. All uses will comply with applicable access, parking, and loading standards in Article 7.
  2. Conditional uses will meet the requirements in Article 11.
  3. Signs will comply with requirements in Article 8.
  4. All structures will have storm drainage facilities that are channeled into the public storm drainage system or a natural drainage system approved by the City Engineer. Developments affecting natural drainage shall be approved by the City Engineer.
  5. Where new development is within 100 feet of a known landslide hazard, a site investigation report will be prepared by a registered geologist. Recommendations contained in the site report will be incorporated into the building plans.
  6. All uses except those associated with single-family or two-family dwellings shall meet the landscaping requirements in Sections 3.105 through 3.120.
  7. Group Living Facilities shall provide usable outdoor area at a ratio of 50 square feet per resident.
  8. All uses shall comply with applicable lighting standards in Section 3.128.
  9. For uses located within the Astor-East Urban Renewal District, refer to the Urban Renewal Plan for additional standards.


HISTORY
Amended by Ord. 22-01 on 11/7/2022

2.200 PURPOSE

The purpose of the Compact Residential (CR) Zone is to provide opportunities for modest scale residential development, including single-family homes, two-family homes, and cottage cluster development, incorporating open space between homes and with a strong orientation to the Columbia River and adjacent commercial and other residential areas.

HISTORY
Amended by Ord. 22-01 on 11/7/2022

2.205 USES PERMITTED OUTRIGHT

The following uses and their accessory uses are permitted in this CR Zone if the Community Development Director determines that the uses will not violate standards referred to in Sections 2.215 through 2.230, additional Development Code provisions, the Comprehensive Plan, and other City laws:

  1. Arts and crafts studio.
  2. Family day care center.
  3. Home occupation, which satisfies the requirements of Section 3.095.
  4. Single-family dwelling.
  5. Two-family dwelling.
  6. Accessory Dwelling Unit.
  7. Cottage cluster development meeting the requirements of Section 3.090.
  8. Residential home.
  9. Accessory Dwelling Unit.
HISTORY
Amended by Ord. 22-01 on 11/7/2022

2.210 CONDITIONAL USES PERMITTED

The following uses and their accessory uses are permitted in the CR Zone if the Planning Commission, after a public hearing, determines that the location and development plans comply with applicable standards referred to in Sections 2.215 through 2.230, additional Development Code provisions, the Comprehensive Plan, and other City laws:

  1. Day care center, only in the community building of a cottage cluster development meeting the requirements of Section 3.090.
  2. Public or semi-public use.
  3. Temporary use meeting the requirements of Section 3.240.

HISTORY
Amended by Ord. 22-01 on 11/7/2022

2.215 SETBACKS

Uses in the CR Zone will comply with the following minimum setback requirements or the setback requirements of applicable overlay zones, whichever requirements are greater.

  1. The minimum front setback shall be 10 feet. Front steps are permitted to encroach into front setbacks.
  2. The minimum side setback shall be five (5) feet, except on corner lots where the side setback on the street side shall be a minimum of 10 feet.
  3. The minimum rear setback shall be 15 feet, except on corner lots where the rear setback shall be a minimum of five (5) feet.
  4. Uses in the CR Zone that are part of a cottage cluster development will comply with the setback requirements in Section 3.090.

HISTORY
Amended by Ord. 22-01 on 11/7/2022

2.220 LOT SIZE AND DENSITY

Uses in the CR Zone shall meet the following lot size requirements that are applicable to the particular use:

  1. The minimum lot size for a single-family or two-family dwelling is 2,500 square feet. The maximum lot size for a single-family or two-family dwelling is 6,000 square feet.

HISTORY
Amended by Ord. 22-01 on 11/7/2022

2.222 BUILDING SIZE

Buildings in the CR zone shall meet the following building footprint and floor area requirements.

  1. The maximum footprint for a primary building is 1,000 square feet. The maximum footprint for a dwelling unit and a garage is 1,400 square feet.
  2. The maximum gross floor area for a primary building is 1,800 square feet.
  3. Uses in the CR Zone that are part of a cottage cluster development are subject to the building size requirements in Section 3.090.

HISTORY
Amended by Ord. 22-01 on 11/7/2022

2.225 LANDSCAPED OPEN AREA

  1. Minimum landscaping for individual lots in the CR Zone shall be 20%, except for cottage cluster development.
  2. Cottage cluster development shall be subject to common open space and private open space requirements in Section 3.090.
  3. All landscaping shall meet the requirements of Sections 3.105 through 3.120 and applicable overlay zones.

HISTORY
Amended by Ord. 22-01 on 11/7/2022

2.230 HEIGHT OF STRUCTURES

No structure will exceed a height of 28 feet above grade, except where applicable overlay zones allow otherwise.

HISTORY
Amended by Ord. 22-01 on 11/7/2022

2.235 OTHER APPLICABLE STANDARDS

  1. Access to garages, carports, or other parking areas shall be from an alley or from the street adjacent to the side yard of a corner lot. Driveways shall have a minimum depth of 16 feet.
  2. All uses shall comply with the requirements of Section 3.215 for outdoor storage areas.
  3. All uses will comply with access, parking, and loading standards in Article 7, with the following exception:1. Parking in the CR Zone is permitted on a separate lot provided it is within 100 feet of the development. An easement or other acceptable document shall be recorded to assure that the separate lot for parking remains with the units it services.
    1. Where feasible, joint access points and parking facilities for more than one use should be established.
    2. Access drives and parking areas should be located on side streets or non-arterial streets.
    3. Conditional uses will meet the requirements in Article 11.
    4. Signs will comply with requirements in Article 8 and specifically, residential uses will comply with the specific regulations in Section 8.160.
    5. All structures will have storm drainage facilities that are channeled into the public storm drainage system or a natural drainage system approved by the City Engineer. Developments affecting natural drainage shall be approved by the City Engineer.
    6. Where new development is within 100 feet of a known landslide hazard, a site investigation report will be prepared by a registered geologist. Recommendations contained in the site report will be incorporated into the building plans.
    7. All uses will comply with the requirements of applicable overlay zones.
    8. All uses shall comply with applicable lighting standards in Section 3.128.
    9. All uses located within an overlay zone area will comply with the applicable requirements in Article 14 of this code.


    HISTORY
    Amended by Ord. 22-01 on 11/7/2022

    2.300 PURPOSE

    This zone is intended to be a restricted commercial district which is designed to meet limited commercial needs. Uses allowed are primarily those which provide convenience goods or frequently used services. Large business operations, strip development, and close proximity to other commercial areas is not desired. The zone should have access to an arterial or a collector street.

    2.305 USES PERMITTED OUTRIGHT

    The following uses and their accessory uses are permitted in the C-1 Zone if the Community Development Director determines that the uses will not violate standards referred to in Sections 2.315 through 2.335, additional Development Code provisions, the Comprehensive Plan, and other City laws:

    1. Single-family dwelling, two-family dwelling, or multi-family dwelling as an accessory use to a Use Permitted Outright or a Conditional Use.
    2. Day care center.
    3. Family day care center in a legal dwelling unit.
    4. Home occupation in a legal dwelling unit.
    5. Personal service establishment.
    6. Professional service establishment.
    7. Repair service establishment not exceeding 3,000 square feet gross floor area.
    8. Retail sales establishment not exceeding 3,000 square feet gross floor area.
    9. Transportation facilities.
    10. Cottage cluster development meeting the requirements of Section 3.090.
    11. Residential Home.
    12. Residential Facility.
    HISTORY
    Amended by Ord. 22-01 on 11/7/2022

    2.310 CONDITIONAL USES PERMITTED

    The following uses and activities and their accessory uses and activities may be permitted in the C-1 Zone as Conditional Uses when authorized in accordance with Article 11, Conditional Uses. These uses and activities are also subject to the appropriate provisions of Section 2.315-2.335, Development Standards and Procedural Requirements.

    1. Automotive service establishment.
    2. Eating establishment without drive-through facilities, not exceeding 40 seats.
    3. Public or semi-public use.
    4. Temporary use meeting the requirements of Section 3.240.
    HISTORY
    Amended by Ord. 22-01 on 11/7/2022

    2.315 YARDS

    The minimum yard depth for portions of the property abutting any Residential Zone or Use will be 15 feet.

    HISTORY
    Amended by Ord. 22-01 on 11/7/2022

    2.330 HEIGHT OF STRUCTURES

    No structure will exceed a height of 35 feet above grade.

    2.335 OTHER APPLICABLE USE STANDARDS

    1. Landscaping shall meet the requirements of Sections 3.105 through 3.120.
    2. All uses shall comply with the requirements of Section 3.215 for outdoor storage areas and shall not exceed 100 square feet in size.
    3. When a commercial use in a C-1 Zone abuts a lot in a residential zone there will be an attractively designed and maintained buffer of at least five (5) feet in width, which can be in the form of hedges, fencing, or walls.
    4. Where feasible, joint access points and parking facilities for more than one use should be provided.
    5. All uses will comply with applicable access, parking, and loading standards in Article 7.
    6. Conditional Uses will meet the requirements in Article 11.
    7. Signs will comply with requirements in Article 8.
    8. All structures will have storm drainage facilities that are channeled into the public storm drainage system or a natural drainage system approved by the City Engineer. Developments affecting natural drainage shall be approved by the City Engineer.
    9. Where new development is within 100 feet of a known landslide hazard, a site investigation report will be prepared by a registered geologist. Recommendations contained in the site report will be incorporated into the building plans.
    10. All uses shall comply with applicable lighting standards in Section 3.128.
    11. All uses located within an overlay zone area will comply with the applicable requirements in Article 14 of this code.


    HISTORY
    Amended by Ord. 22-01 on 11/7/2022

    2.345 PURPOSE

    The intent of this zone is primarily to provide suitable locations for tourist commercial facilities and certain tourist related establishments. In part, this means that areas in the zone should be in close proximity to an arterial street or highway. It also means that the uses allowed should be more limited than those permitted in a C-3 or C-4 Zone. Regulations for the zone are designed to enhance the attractiveness and convenience of the facilities for tourist use and achieve compatibility with adjacent residential areas and overall community design objectives.

    2.350 USES PERMITTED OUTRIGHT

    The following uses and their accessory uses are permitted in a C-2 Zone if the Community Development Director determines that the uses will not violate standards referred to in Sections 2.360 to 2.375, additional Development Code provisions, the Comprehensive Plan, and other City laws:

    1. Eating or drinking establishment.
    2. Home occupation in a legal dwelling unit.
    3. Cottage cluster development meeting the requirements of Section 3.090.
      1. Tourist-oriented retail sales or service establishment.
      2. Conference Center.
      3. Transportation facilities.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.355 CONDITIONAL USES PERMITTED

      The following uses and activities and their accessory uses and activities may be permitted in the C-2 Zone as Conditional Uses when authorized in accordance with Article 11, Conditional Uses. These uses and activities are also subject to the appropriate provisions of Section 2.360-2.375, Development Standards and Procedural Requirements.

      1. Single-family dwelling, two-family dwelling, or multi-family dwelling as an accessory use to a Use Permitted Outright or a Conditional Use.
      2. Family day care center in a legal dwelling unit.
      3. Indoor family entertainment or recreation establishment.
      4. Non-tourist-oriented retail sales or service establishment, professional, financial, business and medical office where they are part of a mixed-use development that also includes some of the uses that are permitted outright. The conditional use shall not be located on the ground floor of the building, and shall not occupy more than 50% of the total project's gross floor area.
      5. Public or semi-public use.
      6. Temporary use meeting the requirements in Section 3.240.
      7. Motel, hotel, bed and breakfast, inn home stay lodging (which satisfies requirements in City Code Sections 8.750 to 8.800) and associated uses except as follows:
        1. Structures or portions of structures occupied as a residential dwelling unit after January 1, 2019 and/or originally constructed as a residential dwelling unit.
        2. Structures or portions of structures originally constructed as a motel or hotel of greater than three units may be utilized as a motel and/or hotel regardless of current use as residential units.  
      8. Residential Home.
      9. Residential Facility.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.370 HEIGHT OF STRUCTURES

      No structures will exceed a height of 45 feet above grade.

      2.375 OTHER APPLICABLE USE STANDARDS

      1. Landscaping shall meet the requirements of Sections 3.105 through 3.120.
      2. When a commercial use in a C-2 Zone abuts a lot in a residential zone there will be an attractively designed and maintained buffer of at least five (5) feet in width, which can be in the form of hedges, fencing or walls.
      3. All uses shall comply with the requirements of Section 3.215 for outdoor storage areas and shall not exceed 100 square feet in size.
      4. Where feasible, joint access points and parking facilities for more than one use should be provided.
      5. All uses will comply with access, parking, and loading standards in Article 7. 6. Conditional Uses will meet the requirements in Article 11.
      6. Signs will comply with requirements in Article 8.
      7. All structures will have storm drainage facilities that are channeled into the public storm drainage system or a natural drainage system approved by the City Engineer. Developments affecting natural drainage shall be approved by the City Engineer.
      8. Where new development is within 100 feet of a known landslide hazard, a site investigation report will be prepared by a registered geologist. Recommendations contained in the site report will be incorporated into the building plans.
      9. Design Review Standards. All commercial and recreational facilities shall be reviewed by the Community Development Director based on the following criteria. The Community Development Director may request technical assistance from an independent architect or other design expert in evaluating proposed developments in relation to these standards.
        1. Facility design shall take maximum advantage of river views.
        2. The height, mass, and scale of buildings shall be compatible with the site and adjoining buildings. Use of materials should promote harmony with surrounding structures and the character of the waterfront. The relationship between a building site and the historic buildings within the surrounding area shall be considered an integral part of planning for new construction.
        3. The use of stylistic features characteristic of the historic Astoria area and the Pacific Northwest are preferred. This includes the use of natural wood siding such as clapboard, shingles or board and batten siding, pitched roofs, large overhangs, double hung windows, and similar features. Buildings shall be in earth tones, with bright or brilliant colors used only for accent. Buildings shall not create a false historical appearance of a previous period or era.
        4. If the proposed project is large or situated so as to become an entrance or major focus of the City, the design will acknowledge the impact it would have on the entire community.
        5. Monotony of design shall be avoided. Variety of detail, form and siting should be used to provide visual interest. Large expanses of blank walls shall only be located in areas which are not visible to the public.
        6. Buildings should minimize the impact on views and vistas from surrounding or adjacent properties through orientation or location on the site.
        7. On-site parking shall be designed to be as unobtrusive as possible, through site location and landscaping.
      10. All uses shall comply with applicable lighting standards in Section 3.128.
      11. All uses located within an overlay zone area will comply with the applicable requirements in Article 14 of this code.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.385 PURPOSE

      This zone is primarily for a wide range of commercial businesses, including most of those allowed in other commercial zones. Compared to the C-4 Zone, the C-3 Zone is more appropriate for uses requiring a high degree of accessibility to vehicular traffic, low intensity uses on large tracts of land, most repair services, and small warehousing and wholesaling operations. Unlike the C-4 Zone, there are maximum lot coverage, landscaping, and off street parking requirements for all uses.

      2.390 USES PERMITTED OUTRIGHT

      The following uses and their accessory uses are permitted in a C-3 Zone if the Community Development Director determines that the uses will not violate standards referred to in Sections 2.400 through 2.415, additional Development Code provisions, the Comprehensive Plan, and other City laws:

      1. Business service establishment.
      2. Commercial laundry or dry cleaning establishment.
      3. Commercial or public off-street parking lot.
      4. Communication service establishment.
      5. Construction service establishment.
      6. Eating and drinking establishment.
      7. Educational service establishment.
      8. Family day care center in a legal dwelling unit.
      9. Home occupation in a legal dwelling unit.
      10. Motel, hotel, bed and breakfast, inn, home stay lodging, of no more than five (5) units located in an existing structure, that is over fifty (50) years old, and that the transient lodging is accessory and subordinante to the primary use of the structure, except as follows:
        1. Structures or portions of structures occupied as a residential dwelling unit after January 1, 2019 and/or originally constructed as a residential dwelling unit may not be used as a motel or hotel, except as noted in Section 2.390.J.
        2. Structures or portions of structures originally constructed as a motel or hotel of greater than three units may be utilized as a motel and/or hotel regardless of current use as residential units.
      11. Multi-family dwelling.
      12. Personal service establishment.
      13. Professional service establishment.
      14. Public or semi-public use.
      15. Repair service establishment, not including automotive, heavy equipment, or other major repair services.
      16. Group Living Facility.
      17. Retail sales establishment.
      18. Single-family and, two-family dwelling in a new or existing structure:
        1. Located above or below the first floor with commercial facilities on the first floor of the structure.
        2. Located in the rear of the first floor with commercial facilities in the front portion of the structure.
      19. Cottage Cluster Development.
      20. Transportation service establishment.
      21. Conference Center.
      22. Indoor family entertainment or recreation establishment.
      23. Transportation facilities.
      24. Residential Home or Residential Facility in a new or existing structure:
        1. Located above or below the first floor with commercial facilities on the first floor of the structure.
        2. Located in the rear of the first floor with commercial facilities in the front portion of the structure.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.395 CONDITIONAL USES PERMITTED

      The following uses and activities and their accessory uses and activities may be permitted in the C-3 Zone as Conditional Uses when authorized in accordance with Article 11, Conditional Uses. These uses and activities are also subject to the appropriate provisions of Section 2.400-2.415, Development Standards and Procedural Requirements.

      1. Animal hospital or kennel.
      2. Automotive sales or service establishment.
      3. Day care center.
      4. Gasoline service station.
      5. Hospital.
      6. Motel, hotel, bed and breakfast, inn, home stay lodging, and associated uses except as follows:
        1. Structures or portions of structures occupied as a residential dwelling unit after January 1, 2019 and/or originally constructed as a residential dwelling unit may not be used as a motel or hotel.
        2. Structures or portions of structures originally constructed as a motel or hotel of greater than three units may be utilized as a motel and/or hotel regardless of current use as residential units.
      7. Light Manufacturing.
      8. Recycling establishment.
      9. Repair service establishment not allowed as an Outright Use.
      10. Temporary use meeting the requirements of Sections 3.240.
      11. Wholesale trade or warehouse establishment.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.405 LANDSCAPED OPEN AREA

      A minimum of 10 percent of the total lot area will be maintained as a landscaped open area.

      2.410 HEIGHT OF STRUCTURES

      No structure will exceed a height of 45 feet above grade.

      2.415 OTHER APPLICABLE USE STANDARDS

      1. Landscaping shall meet the requirements of Sections 3.105 through 3.120.
      2. When a commercial use in a C-3 Zone abuts a lot in a residential zone, there will be an attractively designed and maintained buffer of at least five (5) feet in width, which can be in the form of hedges, fencing, or walls.
      3. All uses shall comply with the requirements of Section 3.215 for outdoor storage areas. This requirement does not apply to outdoor retail sales areas.
      4. All uses will comply with access, parking, and loading standards in Article 7.
      5. Conditional uses will meet the requirements in Article 11.
      6. Signs will comply with requirements in Article 8.
      7. All structures will have storm drainage facilities that are channeled into the public storm drainage system or a natural drainage system approved by the City Engineer. Developments affecting natural drainage shall be approved by the City Engineer.
      8. Where new development is within 100 feet of a known landslide hazard, a site investigation report will be prepared by a registered geologist. Recommendations contained in the site report will be incorporated into the building plans.
      9. For uses located within the Astor-East Urban Renewal District, refer to the Urban Renewal Plan for additional standards.
      10. All uses located within an Overlay Zone area will comply with the applicable requirements in Article 14 of this code.
      11. All uses shall comply with applicable lighting standards in Section 3.128.


      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.425 PURPOSE

      This zone is intended to be the commercial center of the Astoria urban area. It is designed to serve as the focal point for retail trade, services, professional, financial, and governmental activities and to allow residential as a subordinante, secondary use. The uses permitted are intended to be compatible with the locale's pedestrian orientation and, as a result, off-street parking is not required. The district is not suitable for low intensity uses requiring large tracts of land, warehouses, wholesale establishments, and other uses which would detract from the purpose or character of the area.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.430 USES PERMITTED OUTRIGHT

      The following uses and their accessory uses are permitted in a C-4 Zone as an outright use if the Community Development Director determines that the use will not violate standards referred to in Sections 2.440 through 2.445, additional Development Code provisions, the Comprehensive Plan, and other City laws:

      1. Business service establishment.
      2. Commercial laundry or dry cleaning establishment.
      3. Commercial or public off-street parking lot.
      4. Communication service establishment.
      5. Eating and drinking establishment without drive-thru facilities.
      6. Education service establishment.
      7. Family day care center in a legal dwelling unit.
      8. Home occupation in a legal dwelling unit.
      9. Group Living Facility
        1. Located above or below the first floor with commercial facilities on the first floor of the structure.
        2. Located in the rear of the first floor with commercial facilities in the front portion of the structure.
      10. Personal service establishment.
      11. Professional service establishment.
      12. Public or semi-public use.
      13. Repair service establishment, not including automotive, heavy equipment, or other major repair service.
      14. Residential Home or Residential Facility in a new or existing structure:
        1. Located above or below the first floor with commercial facilities on the first floor of the structure.
        2. Located in the rear of the first floor with commercial facilities in the front portion of the structure.
      15. Studio for artists.
      16. Transportation facilities.
      17. Retail sales establishment.
      18. Single-family, two-family, and multi-family dwelling in a new or existing structure:
        1. Located above or below the first floor with commercial facilities on the first floor of the structure.
        2. Located in the rear of the first floor with commercial facilities in the front portion of the structure.


      HISTORY
      Amended by Ord. 22-05 on 2/22/2022
      Amended by Ord. 22-01 on 11/7/2022

      2.435 CONDITIONAL USES PERMITTED

      The following uses and activities and their accessory uses and activities may be permitted in the C-4 Zone as Conditional Uses when authorized in accordance with Article 11, Conditional Uses. These uses and activities are also subject to the appropriate provisions of Section 2.440-2.445, Development Standards and Procedural Requirements.

      1. Day care center.
      2. Indoor family entertainment or recreation establishment.
      3. Light manufacturing.
      4. Motel, hotel, bed and breakfast, inn, home stay lodging (which satisfies requirements in City code Sections 8.750 to 8.800), and associated uses except as follows:
        1. Structures or portions of structures occupied as a residential dwelling unit after January 1, 2019 and/or originally constructed as a residential dwelling unit may not be used as a motel or hotel, except as noted in Section 2.435.D.2.
        2. Structures or portions of structures originally constructed as a motel or hotel of greater than three units may be utilized as a motel and/or hotel regardless of current use as residential units. 
        3. All transient lodging facilities shall only be:
          1. located above or below the first floor with commercial facilities on the first floor of the structure, or
          2. located in the rear of the first floor with commercial facilities in the street front portion of the structure.
      5. Temporary use meeting the requirements of Sections 3.240.H. Transportation service establishment.
      6. Recycling establishment.
      7. Wholesale trade, warehouse, mini-storage, or distribution establishment (see Section 11.170).
      8. Conference Center.


      HISTORY
      Amended by Ord. 22-05 on 2/22/2022
      Amended by Ord. 22-01 on 11/7/2022
      Amended by Ord. 24-05 on 7/15/2024

      2.440 HEIGHT OF STRUCTURES

      No structure will exceed a height of 45 feet above grade.

      2.445 OTHER APPLICABLE USE STANDARDS

      1. Drive-in purchase or service facilities which make it possible for a person to transact business from a vehicle are not allowed for uses permitted in this zone.
      2. Outdoor sales and/or service areas over 100 square feet in size are not permitted in this zone, except for restaurants.
      3. When a commercial use in a C-4 Zone abuts a lot in a residential zone, there will be an attractively designed and maintained buffer of at least five (5) feet in width, which can be in the form of hedges, fencing, or walls.
      4. All uses shall comply with the requirements of Section 3.215 for outdoor storage areas and shall not exceed 100 square feet in size.
      5. Indoor storage will not be the principal use of property.
      6. All uses with access, parking, or loading areas will comply with standards in Article 7.
      7. Conditional Uses will meet the requirements in Article 11.
      8. Signs will comply with requirements in Article 8.
      9. All structures will have storm drainage facilities that are channeled into the public storm drainage system or a natural drainage system approved by the City Engineer. Developments affecting natural drainage shall be approved by the City Engineer.
      10. Where new development is within 100 feet of a known landslide hazard, a site investigation report will be prepared by a registered geologist. Recommendations contained in the site report will be incorporated into the building plans.
      11. For uses located within the Astor-East Urban Renewal District, refer to the Urban Renewal Plan for additional standards.
      12. All uses shall comply with applicable lighting standards in Section 3.128.
      13. All uses located within an overlay zone area will comply with the applicable requirements in Article 14 of this code.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.470 PURPOSE

      The primary purpose of the GI (General Industrial) Zone is to provide appropriate areas suitable for such uses as warehousing, processing, packaging and fabricating of finished goods and equipment with related outdoor storage and incidental sales. The secondary purpose of the GI Zone is to provide areas for other moderate-intensity, complementary and supporting land uses that serve the area and contribute to a mixed-use environment. Buildings, streets, bike and walking paths, and open space will be configured to create a convenient and aesthetically pleasing environment. The General Industrial Zone is appropriate in those areas where the location has access to an arterial street or highway for transport of bulk materials and where the noise, lights, odors and traffic hazards associated with permitted uses will not conflict with local and collector streets or with any adjacent residential or commercial uses.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.475 USES PERMITTED OUTRIGHT

      The following uses and their accessory uses are permitted in the General Industrial Zone, subject to the provisions of 2.485, Development Standards and Procedural Requirements.

      1. Automotive repair, service, and garage.
      2. Business Incubator.
      3. Bulk fuel and ice dealer.
      4. Cold storage and/or ice processing facility.
      5. Commercial testing laboratory.
      6. Construction contractor's office and related outdoor storage.
      7. Laundry, cleaning, and garment services.
      8. Light manufacturing, including but not limited to:
        1. Electrical and electronic machinery, equipment and supplies (except storage batteries).
        2. Transportation equipment.
        3. Instruments - photographic, medical and optical goods.
      9. Mailing, reproduction, commercial art and photography, and graphic services.
      10. Photo finishing laboratory.
      11. Printing, publishing and allied industries.
      12. Public use appropriate to and compatible with the allowable uses within the zone and the surrounding neighborhood. (Section 2.475.L Amended by Ordinance 02-03, 2-4-02)
      13. Public utility structures and buildings.
      14. Repair service establishment.
      15. Research and development laboratories.
      16. Transportation, communications, electric, gas, and sanitary services.
      17. Truck and equipment storage and parking, and material storage yard.
      18. Vocational school except vocational high school
      19. Wholesale trade, warehouse, and/or distribution establishment.
      20. Mini-storage in structures that include residential use existing prior to January 1, 2012. A maximum of 20% of the ground floor area may be utilized for mini-storage use.
      21. Transportation facilities.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.480 CONDITIONAL USES

      The following uses and their accessory uses are allowed as conditional uses when authorized in accordance with Article 11, Conditional Uses. These uses are also subject to the appropriate provisions of Section 2.485, Development Standards and Procedural Requirements.

      1. Business service establishment.
      2. Eating and drinking establishment without drive-through facilities, not exceeding 3,000 square feet of gross floor area.
      3. Food and kindred products processing.
      4. Single-family, two-family, or multi-family dwelling, located above the first floor of new or existing structures, with a use permitted outright or a use permitted as a conditional use located on the first floor of the structure.
      5. Professional service establishment.
      6. Recycling depot.
      7. Retail sales establishment not exceeding 3,000 square feet of gross floor area proposed as part of a mixed use (see limitations specified in Section 2.485(L).
      8. Rubber and miscellaneous plastic products.
      9. Ship and boat building and repair.
      10. Wood processing.
      11. Residential Home or Residential Facility located above the first floor of new or existing structures, with a use permitted outright or a use permitted as a conditional use located on the first floor of the structure.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.485 OTHER APPLICABLE USE STANDARDS

      1. Outdoor Storage. All uses shall comply with the requirements of Section 3.215 for outdoor storage areas.
      2. Parking. All uses will comply with access, parking and loading standards in Article 7. Where feasible, joint access points and parking facilities for more than one use should be provided. Within the GI Zone, on-street parking fronting on the lot proposed to be developed may be applied toward meeting the minimum parking space requirements specified in Astoria Development Code Section 7.100. In-lieu of the paving requirements for parking areas specified in Astoria Development Code Section 7.110 (B), an applicant may propose an alternative pervious surface. Such alternative must be reviewed and approved by the City Engineer.
      3. Signage. Signs will comply with requirements in Article 8.
      4. Building Height. No structure will exceed 45 feet above grade.
      5. Traffic Generation. The City Engineer, in collaboration with the Oregon Department of Transportation (ODOT) and in accordance with applicable requirements of the Transportation Planning Rule and Oregon Administrative Rule (OAR) 660 Division 12, will review the level of traffic to be generated by a proposed use and the adequacy of adjacent streets to handle expected traffic. If it is determined that the level of traffic anticipated to be generated by a proposed use may substantially impact the flow of traffic on adjacent streets and the State Highway transportation facility, a Traffic Impact Study may be requested. If it is determined that adjacent streets are inadequate to handle expected traffic, improvements will be required to resolve the inadequacy.)
      6. Air and water pollution. The City may require the project proponent to provide a report detailing potential air and water pollution impacts of developments and may place restrictions where deemed necessary.
      7. Buffering. The City may require that the site include a visual and/or noise buffer from neighboring residential areas. The buffer shall be attractively designed and maintained for a minimum of at least five (5) feet in width. Buffering may include earthen berms, landscaping, and/or other screening methods. This screening may fulfill portions of the required landscaping for the development.
      8. Outside lighting. Lighting shall not exceed 28’ in height. All uses shall comply with applicable lighting standards in Section 3.128.
      9. Lot Coverage. Buildings shall not cover more than 90% of each lot area.
      10. Landscaped Open Area. A minimum of 10% of each lot area shall be maintained as landscaped open area.
      11. Site Usage. For the site lying North of Highway 30, South of the former Burlington Northern Railroad Right-of-Way, and extending east from 39th Street to the Mean Higher High Water line, excluding wetlands or other areas unavailable for development or redevelopment, a maximum of 30% of the site may be developed exclusively with the following uses as listed in Astoria Development Code Section 2.480 provided such development is demonstrated to be compatible with existing or planned adjacent uses. Before such exclusive uses can be approved, the property owner must submit a master site plan depicting the location of all proposed uses for the entire site as described in this Section.
        1. Professional service establishment;
        2. Business service establishment;
        3. Eating and drinking establishment without drive-through facilities, not exceeding 3,000 square feet of gross floor area.
      12. Mixed Use. Any of the following uses as listed in Astoria Development Code Section 2.480 may be incorporated into a development plan for any other permitted or conditional use in the zone provided that the following uses as listed in Code Sections 2.480 occupy no more than 20% of the ground floor and that the uses are demonstrated to be compatible with other uses in the proposed building and with other existing or planned adjacent uses.
        1. Professional service establishment;
        2. Business service establishment;
        3. Retail sales establishment not exceeding 3,000 square feet of gross floor area;
        4. Eating and drinking establishment without drive-through facilities, not exceeding 3,000 square feet of gross floor area.
      13. All uses located within an overlay zone area will comply with the applicable requirements in Article 14 of this code.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.500 PURPOSE AND AREAS INCLUDED

      The purpose of the Aquatic One Development Zone (A-1) is to provide for the maintenance, enhancement and expansion of areas, activities and structures needed for navigation and for water-dependent industrial, commercial and recreational uses. Water-related industrial, commercial and recreational uses are also provided for where such uses are consistent with the purpose of this Zone. The Aquatic One Development Zone includes: navigation channels, access channels, turning basins and deep water areas adjacent or in proximity to the shoreline; subtidal areas for in-water disposal of dredged material; areas of minimum biological significance needed for uses requiring alteration of the estuary; and areas for which an exception to the requirements of the Estuarine Resources Goal has been adopted as an amendment to the Astoria Comprehensive Plan.

      2.505 PERMITTED USES

      The following uses and activities and their accessory uses and activities are permitted in the Aquatic One Development Zone, subject to the appropriate provisions of Section 2.515, Development Standards and Procedural Requirements:

      1. Water-dependent commercial or industrial use.
      2. Navigational structure.
      3. *Water-dependent public recreational facility, including boat ramp, dock, moorage and marina for commercial and recreational marine craft.
      4. Shoreline stabilization.
      5. *Flowlane disposal of dredged material.
      6. Pipeline, cable, and utility crossing.
      7. *Storm water and treated wastewater outfall.
      8. Communication facility.
      9. Temporary dike for emergency flood protection limited to 60 days subject to State and Federal requirements.
      10. *New dike construction.
      11. Maintenance and repair of existing structure or facility.
      12. Dredging and filling, pursuant to the applicable standards in Section 4.050 and 4.070, for any of the permitted uses 1 through 11 listed above.
      13. The following water-related commercial and industrial uses:
        1. Boat and/or marine equipment sales;
        2. Fish or shellfish retail or wholesale outlet;
        3. *Charter fishing office;
        4. Sports fish cleaning, smoking, or canning establishment;
        5. *Retail trade facility for the sale of products such as ice, bait, tackle, gasoline or other products incidental to or used in conjunction with a water-dependent use;
        6. Eating and drinking establishment which provides a view of the waterfront, and which is in conjunction with a water-dependent use such as a marina or seafood processing plant;
        7. *Cold storage and/or ice-processing facility independent of seafood processing facility.
      14. Navigation aid.
      15. Piling and pile supported structure as necessary for any of the permitted uses 1 through 14 listed above, or as necessary for any use permitted in the adjacent shoreland.
      16. Bridge crossing.
      17. Transportation facilities.

      *Not permitted at South Tongue Point.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.510 CONDITIONAL USES

      The following uses and activities and their accessory uses and activities may be permitted in the Aquatic One Development Zone as Conditional Uses when authorized in accordance with Article 11, Conditional Uses. These uses and activities are also subject to the appropriate provisions of Section 2.515, Development Standards and Procedural Requirements. It must also be shown that these uses and activities are consistent with the purpose of the Aquatic One Development Zone.

      1. Mining and mineral extraction.
      2. Active restoration.
      3. Bridge crossing support structure.
      4. Aquaculture and water-dependent portions of aquaculture facility.
      5. In-water log dump, sorting operation.
      6. A use for which an exception to the Estuarine Resources Goal has been adopted as an amendment to the Astoria Comprehensive Plan.
      7. Dredged material disposal at sites designated for dredged material disposal in the Comprehensive Plan.
      8. Dredging and filling, pursuant to the applicable standards in Section 4.050 and 4.070, for any of the conditional uses 1 through 7 listed above.
      9. Water-related recreational use.
      10. Water-related commercial or industrial use other than those listed under Section 2.505(M) of this zone.
      11. Piling as necessary for any of the conditional uses 1 through 10 listed above.
      12. Temporary use meeting the requirements of Section 3.240.
      13. Non-water dependent and non-water related uses may be located in existing, under-utilized buildings provided the use does not preclude future water-dependent or water-related uses.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.515 DEVELOPMENT STANDARDS AND PROCEDURAL REQUIREMENTS

      1. All uses shall satisfy applicable Columbia River Estuary Shoreland and Aquatic Area Use and Activity Standards in Article 4. Where a proposal involves several uses, the standards applicable to each use shall be satisfied (e.g., dredge, fill, shoreline stabilization, piling installation, or other activities in conjunction with an industrial facility shall be subject to the respective standards for these uses).
      2. When a proposal includes several uses, the uses shall be reviewed in aggregate under the more stringent procedure.
      3. Uses that are not water-dependent shall be located either on a floating structure or pilings, and shall not increase the need for fill if in association with a water-dependent use located on fill.
      4. Uses that are not water-dependent shall not preclude or conflict with existing or probable future water-dependent use on the site or in the vicinity.
      5. There shall be no height limit for structures in the Aquatic One Development Zone.
      6. Uses and activities that would potentially alter the estuarine ecosystem shall be preceded by a clear presentation of the impacts of the proposed alteration subject to the requirements of Section 5.010, Impact Assessment.
      7. Uses in the Aquatic One Development Zone which are water-dependent or water-related must meet the criteria for water-dependent uses.
      8. Projects in the Tongue Point Mediated Panel Agreement area must comply with the applicable policies in the Comprehensive Plan, Section CP.180(G).
      9. Projects at the Port of Astoria Docks Mediated Panel Agreement area must comply with the applicable policies in the Comprehensive Plan, Section CP.165(G).
      10. Accessory structures in the Aquatic One Development Zone are limited in size to a maximum of 10% of the primary structure.
      11. In the unincorporated UGB, uses and activities permitted under Sections 2.505 and 2.510 of this zone are subject to the public notice provisions of Section 9.020 if an impact assessment is required pursuant to Section 5.010, or if a determination of consistency with the purpose of the A-1 Zone is required pursuant to Section 5.020(E), or if the Community Development Director determines that the permit decision will require interpretation or the exercise of factual, policy or legal judgement.
      12. Any lease of property for non-water dependent or non-water related uses shall contain a provision that the property owner shall terminate the lease if the property owner determines that the property is required for a water dependent or water related use.
      13. All uses shall comply with applicable lighting standards in Section 3.128.
      14. All uses shall comply with the requirements of Section 3.215 for outdoor storage areas.
      15. All uses located within an overlay zone area will comply with the applicable requirements in Article 14 of this code.
      16. All uses located within an overlay zone area will comply with the applicable requirements in Article 14 of this code.


      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.525 PURPOSE AND AREAS INCLUDED

      The purpose of the Aquatic Two Development Zone is to enhance the unique character of the Downtown Waterfront and Maritime Museum subareas by providing for their redevelopment as mixed-use areas; the redevelopment to occur in a manner that is compatible with the retention and expansion of existing water-dependent uses in the area. Water-dependent uses shall have the highest priority. Non-water-dependent uses are permitted where they are consistent with the provision for water-dependent uses. The mix of water-dependent and non-water-dependent uses shall provide for public access where feasible.

      The Aquatic Two Development Zone includes: deep-water areas adjacent or in proximity to the shoreline; areas of minimum biological significance, vacant over-water pile supported structures suitable for redevelopment, and areas for which an exception to the requirements of the Estuarine Resources Goal has been adopted as an amendment to the Astoria Comprehensive Plan.

      2.530 PERMITTED USES

      The following uses and activities and their accessory uses and activities are permitted in the Aquatic Two Development Zone, subject to the appropriate provisions of Section 2.540 Development Standards and Procedural Requirements:

      1. Water-dependent commercial and industrial use.
      2. Small boat building and repair.
      3. Water-dependent facilities including dock, moorage, pier, terminal, transfer facility and marina for commercial and recreational marine craft, for passengers, or for waterborne commerce.
      4. Public pier.
      5. Navigational structure.
      6. Shoreline stabilization.
      7. Pipeline, cable, and utility crossing.
      8. Storm water and treated wastewater outfall.
      9. Communication facility.
      10. New dike construction.
      11. Maintenance and repair of existing structure or facility.
      12. Public use associated with a maritime related use.
      13. Flowlane disposal of dredged material.
      14. Dredging or filling, pursuant to the applicable standards in Section 4.050 and 4.070, for any of the permitted uses 1 through 13 listed above.
      15. The following water-related commercial uses:
        1. Boat and/or marine equipment sales;
        2. Fish or shellfish retail or wholesale outlet;
        3. Charter fishing office;
        4. Sports fish cleaning, smoking or canning establishment;
        5. Retail trade facility for the sale of products such as ice, bait, tackle, gasoline or other products incidental to or used in conjunction with a water-dependent use.
      16. Navigation aid.
      17. Piling as necessary for any of the permitted uses 1 through 16 listed above.
      18. Transportation facilities.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.535 CONDITIONAL USES

      The following uses and activities and their accessory uses and activities may be permitted in the Aquatic Two Development Zone as Conditional Uses when authorized in accordance with Article 11 Conditional Uses. These uses and activities are also subject to the provisions of Section 2.540 Development Standards and Procedural Requirements. These uses and activities must be consistent with the purpose of the Aquatic Two Development Zone.

      1. Dredged material disposal at sites designated for dredged material disposal in the Comprehensive Plan.
      2. Dredged material disposal at sites not designated for dredged material disposal in the Comprehensive Plan, provided the dredged material is utilized as a source of fill material for an approved fill project.
      3. Aquaculture and water-dependent portions of aquaculture facility.
      4. Water-dependent or water-related recreational use not listed elsewhere in this zone.
      5. Active restoration.
      6. Bridge crossing and bridge crossing support structure.
      7. A use for which an exception to the Estuarine Resources Goal has been adopted as an amendment to the City's Comprehensive Plan.
      8. Fill in conjunction with any of the conditional uses 1 through 7 listed above pursuant to the applicable standards in Section 4.050.
      9. Mining and mineral extraction.
      10. Dredging in conjunction with any of the conditional uses 1 through 9 listed above, pursuant to the applicable standards in Section 4.050.
      11. Water-related commercial or industrial use not listed under Section 2.530.
      12. Eating and drinking establishment open to the general public which provides significant visual access to the waterfront.
      13. Hotel, motel, inn, bed and breakfast which provides significant visual access to the waterfront.
      14. Tourist-oriented retail sales establishment which provides significant visual access to the waterfront.
      15. Indoor amusement, entertainment, and/or recreation establishment which provides significant visual access to the waterfront.
      16. Professional and business office, personal service establishment limited to beauty and barber services and garment alterations, residence, and arts and crafts studio meeting the requirements of Section 2.540(J).
      17. Conference Center which provides significant visual access to the waterfront.
      18. Piling in conjunction with any of the above conditional uses.
      19. Temporary use meeting the requirements of Section 3.240.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.540 DEVELOPMENT STANDARDS AND PROCEDURAL REQUIREMENTS

      1. All uses shall satisfy applicable Columbia River Estuary Shoreland and Aquatic Areas Use and Activity Standards in Article 4. Where a proposal involves several uses the standards applicable to each use shall be satisfied (e.g., dredge, fill, shoreline stabilization, piling installation or other activities in conjunction with an aquaculture facility shall be subject to the respective standards for these uses).
      2. When a proposal includes several uses, the uses shall be reviewed in aggregate under the more stringent provision.
      3. Uses that are not water-dependent shall be located either on a floating structure or pilings, and shall not increase the need for fill if in association with a water-dependent use located on fill.
      4. Uses that are not water-dependent shall not preclude or conflict with existing or probable future water-dependent use on the site or in the vicinity.
      5. No structure will exceed a height of 28 feet above the grade of adjacent shoreland, except for those areas between the extended 15th and 21st Street right-of-ways, and between the extended 6th Street right-of-way and the Astoria-Megler Bridge. In these two areas no structure shall exceed a height of 45 feet above the grade of adjacent shoreland.
      6. Uses and activities that would potentially alter the estuarine ecosystem shall be preceded by a clear presentation of the impacts of the proposed alteration, subject to the requirements of Section 5.010, Impact Assessment.
      7. Uses located between the extended rights-of-way of 7th Street and 14th Street are not required to provide off-street parking or loading. Uses located in other portions of the A-2 Zone shall comply with the access, parking and loading standards specified in Article 7.
      8. Special siting standards. All buildings shall meet the following special siting standards:
        1. Buildings shall be located no closer than 25 feet to a line extending from a point of intersection of a City right-of-way and the shoreline of the Columbia River Estuary, to the pierhead line. The required setback areas shall include open space, publicly accessible walkways, plazas or landscaped areas, where feasible but not parking or storage.
        2. Buildings shall be located as close to the bankline as practical, except where necessary to provide loading and unloading, or parking in accordance with 4.050, or to provide an aesthetic feature such as an open water area adjacent to the shore. This standard shall not be applicable to water dependent uses such as fish receiving stations which have a need to locate near deep water.
        3. Buildings should minimize the impact of views on surrounding or adjacent properties through orientation or location on the site.
        4. Buildings should be designed to relate to or connect with the street ends or public access points which they adjoin, unless there is a public safety or security issue which overrides this consideration. This connection can consist of the provision of decks, entrance ways, windows, retail sales facilities, eating or drinking establishments or similar facilities which enhance the waterfront setting.
        5. Water oriented uses that provide the opportunity for the public to enjoy the waterfront for leisure and recreation shall occupy at least 75% of the ground level building facade facing the waterfront as measured in linear feet horizontally across the building wall. Water-oriented uses qualifying under this definition include parks, plazas, public seating, museums and other displays, resorts open to the public, aquariums, retail stores, and eating and drinking establishments open to the public.
      9. Uses in this zone which are water-dependent or water-related must meet the criteria for water-dependent uses.
      10. Professional and business office, personal service establishment limited to beauty and barber services and garment alterations, residence(s), and arts and crafts studio are permitted where they are part of a mixed-use development that also includes some of the tourist-oriented uses listed in Section 2.535 (L through O), under the following conditions:
        1. Single-Story Structure: The office, personal service establishment, residence(s), or arts and crafts studio uses shall constitute no more than 25% of the total project's gross floor area.
        2. Multi-Story Structure, shall conform to one of the following options:
          1. The office, personal service establishment, residence(s), or arts and crafts studio uses shall constitute no more than 50% of the total project's gross floor area.
          2. A multi-story structure which maintains at least 75% of the ground floor or street level space for tourist-oriented uses as listed above, may devote 100% of the upper floors to non-tourist oriented uses, consisting of professional and business offices, personal service establishment limited to beauty and barber services and garment alterations, residences, and arts and crafts studios.
      11. Accessory structures in the Aquatic Two Development Zone are limited in size to a maximum of 10% of the primary structure.
      12. All uses located within an overlay zone area will comply with the applicable requirements in Article 14 of this code.
      13. All uses shall comply with applicable lighting standards in Section 3.128.
      14. All uses shall comply with the requirements of Section 3.215 for outdoor storage areas.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.550 PURPOSE AND AREAS INCLUDED

      The purpose of the Aquatic Two-A Development Zone is to provide for its redevelopment as a mixed-use area while permitting exclusive office use on piling supported structures. The mix of uses shall provide for public access where feasible. The Aquatic Two-A Development Zone includes: deep water areas adjacent or in proximity to the shoreline; areas of minimum biological significance; and piles and pile supported structures. Also included are areas for which an exception to the requirements of the Estuarine Resources Goal has been adopted as an amendment to the City's Comprehensive Plan.

      2.555 PERMITTED USES

      The following uses and activities and their accessory uses and activities are permitted in the Aquatic Two-A Development Zone, subject to the appropriate provisions of Section 2.565, Development Standards and Procedural Requirements:

      1. Water-dependent commercial and industrial use.
      2. Small boat building and repair.
      3. Dock, moorage, pier, terminal, transfer facility and marina for commercial and recreational marine craft, for passengers, or for waterborne commerce.
      4. Public pier.
      5. Navigational structure.
      6. Shoreline stabilization.
      7. Pipeline, cable, and utility crossing.
      8. Storm water and treated wastewater outfall.
      9. Communication facility.
      10. New dike construction.
      11. Maintenance and repair of existing structure and facility.
      12. Flowlane disposal of dredged material.
      13. Dredging or filing as necessary for any of the permitted uses 1 through 12 listed above, pursuant to the applicable standards in Section 4.050 and 4.070.
      14. The following water-related commercial uses:
        1. Boat and/or marine equipment sales;
        2. Fish or shellfish retail or wholesale outlet;
        3. Charter fishing office;
        4. Sports fish cleaning, smoking or canning establishment;
        5. Retail trade facility for the sale of products such as ice, bait, tackle, gasoline or other products incidental to or used in conjunction with a water-dependent use.
      15. Navigation aide.
      16. Piling as necessary for any of the permitted uses 1 through 15 listed above.
      17. Transportation facilities.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.560 CONDITIONAL USES

      The following uses and activities and their accessory uses and activities may be permitted in the Aquatic Two-A Development Zone as Conditional Uses when authorized in accordance with Article 11, Conditional Uses. These uses and activities are also subject to the appropriate provisions of Section 2.565, Development Standards and Procedural Requirements. It must also be shown that these uses and activities are consistent with the purpose of the Aquatic Two-A Development Zone.

      1. Aquaculture and water-dependent portions of aquaculture facility.
      2. Water-dependent or water-related recreational use not listed elsewhere in this zone.
      3. Active restoration.
      4. Bridge crossing and bridge crossing support structure.
      5. A use for which an exception to the Estuarine Resources Goal has been adopted as an amendment to the Astoria Comprehensive Plan.
      6. Fill in conjunction with any of the conditional uses A through E listed above, pursuant to the applicable standards in Section 4.070.
      7. Mining and mineral extraction.
      8. Dredging in conjunction with any of the conditional uses A through G listed above, pursuant to the applicable standards in Section 4.050.
      9. Water-related commercial or industrial use.
      10. Eating and drinking establishment open to the general public which provides significant visual access to the waterfront.
      11. Hotel, motel, inn, bed and breakfast which provides significant visual access to the waterfront.
      12. Tourist-oriented retail sales establishment which provides significant visual access to the waterfront.
      13. Indoor amusement, entertainment, and/or recreation establishment which provides significant visual access to the waterfront.
      14. Professional, business and medical office.
      15. Residential use meeting the requirements of 2.565(H).
      16. Temporary use meeting the requirements of Section 3.240.
      17. Conference Center which provides significant visual access to the waterfront.
      18. Piling in conjunction with any of the conditional uses A through Q listed above.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.565 DEVELOPMENT STANDARDS AND PROCEDURAL REQUIREMENTS

      1. All uses shall satisfy applicable Columbia River Estuary Shoreland and Aquatic Use and Activity Standards in Article 4. Where a proposal involves several uses the standards applicable to each use shall be satisfied (e.g., dredge, fill, shoreline stabilization, piling installation or other activities in conjunction with an aquaculture facility shall be subject to the respective standards for these uses).
      2. When a proposal includes several uses, the uses shall be reviewed in aggregate under the more stringent provision.
      3. Uses that are not water-dependent shall be located either on a floating structure or pilings, and shall not increase the need for fill if in association with a water-dependent use located on fill.
      4. Uses that are not water-dependent shall not preclude or conflict with existing or probable future water-dependent use on the site or in the vicinity. Particular attention shall be given to the possible impacts of traffic generation and parking on the operation of existing or probable water-dependent uses.
      5. No structure will exceed a height of 28 feet above the grade of adjacent shorelands.
      6. Uses and activities that would potentially alter the estuarine ecosystem shall be preceded by a clear presentation of the impacts of the proposed alteration, subject to the requirements of Section 5.010, Impact Assessment.
      7. Uses in this zone which are water-dependent or water-related must meet the criteria for water-dependent uses.
      8. Residences are permitted where they are part of a mixed-use development that also includes some of the tourist-oriented uses listed in Section 2.560 (J through N), under the following conditions:
        1. Single-Story Structure: The residence(s) shall constitute no more than 25% of the total project's gross floor area.
        2. Multi-Story Structure, shall conform to one of the following options:
          1. The residence(s) shall constitute no more than 50% of the total project's gross floor area.
          2. A multi-story structure which maintains at least 75% of the ground floor or street level space for tourist-oriented uses as listed above, may devote 100% of the upper floors to residences.
      9. Accessory structures in the Aquatic Two-A Development Zone are limited in size to a maximum of 10% of the primary structure.
      10. All uses shall comply with applicable lighting standards in Section 3.128.
      11. All uses shall comply with the requirements of Section 3.215 for outdoor storage areas.
      12. All uses located within an overlay zone area will comply with the applicable requirements in Article 14 of this code.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.575 PURPOSE AND AREAS INCLUDED

      The purpose of the Aquatic Conservation Zone (A-3) is to assure the conservation of: fish and wildlife habitats; essential properties of the estuarine resource (e.g., dynamic geological processes, continued biological productivity, unique or endemic communities of organisms, maintenance of species diversity); and the long-term use and conservation of renewable estuarine resources. This designation provides for development of low to moderate intensity that does not require major alterations of the estuary, with emphasis on maintaining estuarine natural resources and benefits. The Aquatic Conservation Zone includes small areas of tidal marsh and intertidal mud-sand flats, small fringing tidal marshes, and open water portions of the estuary and areas needed for recreational use. Partially altered estuarine areas adjacent to existing development of moderate intensity are also included in this designation, unless otherwise needed for preservation or development consistent with the need to minimize damage to the estuarine ecosystem.

      Low to moderate intensity development is appropriate in Aquatic Conservation area designation (e.g., active restoration measure, communication facilities, and aquaculture). When consistent with the resource capabilities of the area and the purposes of the Aquatic Conservation Zone designation, conditional uses providing for development of moderate intensity are appropriate.

      2.580 PERMITTED USES

      The following uses and activities and their accessory uses and activities are permitted in the Aquatic Conservation Zone subject to the appropriate provisions of Section 2.590, Development Standards and Procedural Requirements:

      1. Estuarine enhancement.
      2. Riprap for protection of use existing as of October 7, 1977, unique natural resources, historical or archeological resources, or public facility.
      3. Maintenance and repair of existing structure or facility.
      4. Active restoration of fish habitat, wildlife habitat, or water quality.
      5. Filling in conjunction with any of the permitted uses 1 through 4, above, pursuant to the applicable standards in Section 4.070.
      6. Tidegate installation and maintenance in existing functional dike.
      7. Dredging to obtain fill material for dike maintenance pursuant to the dike maintenance dredging standards.
      8. Pipeline, cable, and utility crossing.
      9. Water-dependent parts of an aquaculture facility which do not involve dredge or fill or other estuarine alterations other than incidental dredging for harvest of benthic species or removable in-water structures such as stakes or racks.
      10. Dredging in conjunction with any of the permitted uses 1 through 9, above, pursuant to the applicable standards in Section 4.050.
      11. Navigation aid.
      12. Communication facility.
      13. Bridge crossing support structure.
      14. Boat ramp for public use where no dredge or fill is needed for navigational access.
      15. Undeveloped low intensity water-dependent recreation.
      16. Project for the protection of habitat, nutrient, fish, wildlife and aesthetic resources.
      17. Research and educational observation.
      18. Piling and pile supported structure in conjunction with any of the permitted uses 1 through 17 above.
      19. Passive restoration.
      20. Bridge crossing.
      21. Transportation facilities, excluding electric car charging stations.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.585 CONDITIONAL USES

      The following uses and activities and their accessory uses and activities may be allowed in the Aquatic Conservation Zone as Conditional Uses when authorized in accordance with Article 11, Conditional Uses. These uses and activities are also subject to the appropriate provisions of Section 2.590, Development Standards and Procedural Requirements. It must also be determined if these uses and activities meet the resource capability of the Aquatic Conservation area in which they occur, and if they are consistent with the Aquatic Conservation Zone's purpose. The procedures in Section 5.020, Resource Capability Determination, will be used to make this determination.

      1. Aquaculture and water-dependent portions of aquaculture facility.
      2. Active restoration for purposes other than protection of habitat, nutrient, fish, wildlife and aesthetic resources.
      3. Temporary alteration.
      4. Beach nourishment at sites designated in the Comprehensive Plan.
      5. Filling in conjunction with conditional uses 1 through 4, above, pursuant to the applicable standards in Section 4.070.
      6. High-intensity water-dependent recreation including boat ramp, marina, and individual dock.
      7. Minor navigational improvement.
      8. Mining and mineral extraction.
      9. Dredging in conjunction with any of the conditional uses 1 through 8, above, pursuant to the applicable standards in Section 4.050.
      10. Low-intensity water-dependent commercial or industrial use requiring occupation of water-surface area by means other than fill.
      11. In-water log storage.
      12. Piling in conjunction with any of the conditional uses A through K, above.
      13. Temporary use meeting the requirements of Section 3.240.
      14. In pile supported buildings existing prior to October 1, 2002, non-water-dependent or non-water-related uses as follows:
        1. Arts and crafts studios.
        2. Bed and breakfast, home stay lodging (which satisfies requirements in City Code Sections 8.750 to 8.800), or inn.
        3. Home occupation.
        4. Professional and business office, personal service establishment limited to beauty and barber services and garment alterations.
        5. Residential home.
        6. Single-family dwelling.
        7. Two-family dwelling.
        8. Multi-family dwelling.
        9. Off-street parking requirements for the above uses may be located in the upland zone adjacent to the use. The Planning Commission may impose additional landscape buffering to protect the adjacent residential uses.
        10. Accessory Dwelling Unit. 
      15. *Flowlane disposal of dredged material, only where an exception to the requirements of the Estuarine Resources Goal has been adopted as an amendment ot the City's Comprehensive Plan

      *Not permitted at South Tongue Point.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022
      Amended by Ord. 25-02 on 1/21/2025

      2.590 DEVELOPMENT STANDARDS AND PROCEDURAL REQUIREMENTS.

      1. All uses shall satisfy applicable Columbia River Estuary Shoreland and Aquatic Area and Activity Standards in Article 4. Where a proposal involves several uses, the standards applicable to each use shall be satisfied (e.g., dredge, fill, shoreline stabilization, piling installation or other activities in conjunction with an aquaculture facility shall be subject to the respective standards for these uses).
      2. When a proposal includes several uses, the uses shall be reviewed in aggregate under the more stringent procedure. In addition, a proposal with several uses shall be reviewed in aggregate for consistency with the resource capability and purposes of the Aquatic Conservation Zone, Section 2.575, when a Resource Capability Determination is required.
      3. Uses and activities that would potentially alter the estuarine ecosystem shall be preceded by a clear presentation of the impacts of the proposed alteration, subject to the requirements of Section 5.010, Impact Assessment.
      4. No use shall be allowed in an Aquatic Conservation Zone (A-3) which would cause a major alteration of the estuary.
      5. The maximum height of structures in the Aquatic Conservation Zone shall be 20 feet above the grade of adjacent shorelands.
      6. Uses that are not water-dependent shall be located either on a floating structure or pilings, and shall not increase the need for fill if in association with a water-dependent use located on fill.
      7. Uses that are not water-dependent shall not preclude or conflict with existing or probable future water-dependent use on the site or in the vicinity.
      8. Uses in this zone which are water-dependent or water-related must meet the criteria for water-dependent uses (Section 4.220(A)), or for water-related uses (Section (4.220(B)).
      9. All uses shall comply with applicable lighting standards in Section 3.128.
      10. All uses shall comply with the requirements of Section 3.215 for outdoor storage areas.
      11. All uses located within an overlay zone area will comply with the applicable requirements in Article 14 of this code.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.600 PURPOSE AND AREAS INCLUDED

      The purpose of the Aquatic Natural Zone (A-4) is to assure the preservation and protection of: 1) significant fish and wildlife habitats, 2) essential properties of the estuarine resource (e.g., dynamic geological processes, continued biological productivity, unique or endemic communities of organisms, species diversity), and 3) research and educational opportunities. The Aquatic Natural Zone includes major tracts of tidal marshes and intertidal mud-sand flats, which because of a combination of factors such as size, habitat value and productivity, play a vital role in the function of the estuarine ecosystem. Aquatic Natural Zones may also include ecologically important subtidal areas. Low intensity uses consistent with the preservation and protection of natural resource values are appropriate in Aquatic Natural Zones.

      2.605 PERMITTED USES

      The following uses and activities and their accessory uses and activities are permitted in the Aquatic Natural Zone subject to the appropriate provisions of Section 2.615, Development Standards and Procedural Requirements:

      1. Low-intensity water-dependent recreation.
      2. Passive restoration.
      3. Navigational aide, such as beacon and buoy.
      4. Vegetative shoreline stabilization.
      5. Emergency repair to existing dike.
      6. Marine research and education.
      7. Piling installation as necessary for permitted uses 1 through 6, above.
      8. Bridge crossing.

      2.610 CONDITIONAL USES

      The following uses and activities and their accessory uses and activities may be allowed in the Aquatic Natural Zone as Conditional Uses when authorized in accordance with Article 11, Conditional Uses. These uses and activities are also subject to the appropriate provisions of Section 2.615, Development Standards and Procedural Requirements. It must also be determined if these uses and activities meet the resource capability of the Aquatic Natural area in which they occur, and if they are consistent with the purpose of the Aquatic Natural Zone. The procedures in Section 5.020, Resource Capability Determination, will be used to make this determination.

      1. Maintenance and repair of existing structure or facility.
      2. Fill as necessary for conditional use number 1, above, pursuant to the applicable standards in Section 4.070.
      3. Active restoration.
      4. Pipeline, cable and utility crossing.
      5. Dredging as necessary for conditional uses 1 through 4, above, pursuant to the applicable standards in Section 4.050.
      6. Aquaculture facility limited to temporary removable structures which require no dredge or fill.
      7. Boat ramp for public use where no dredging or fill for navigational access is needed.
      8. Bridge crossing support structure.
      9. Piling as necessary for conditional uses 1 through 9, above.
      10. Temporary alteration.
      11. Communication facility.
      12. Transportation facilities, excluding electric car charging stations.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.615 DEVELOPMENT STANDARDS AND PROCEDURAL REQUIREMENTS

      1. All uses shall satisfy applicable Columbia River Estuary Shoreland and Aquatic Area Use and Activity Standards in Article 4. There a proposal involves several uses, the standards applicable to each use shall be satisfied (e.g., dredge, fill, shoreline stabilization, piling installation or other activities in conjunction with an aquaculture facility shall be subject to the respective standards for these uses).
      2. When a proposal includes several uses, the uses shall be reviewed in aggregate under the more stringent procedure. In addition, a proposal with several uses shall be reviewed in aggregate for consistency with the resource capability and purposes of the Aquatic Natural Zone, Section 2.600, when a Resource Capability Determination is required.
      3. Uses and activities that would potentially alter the estuarine ecosystem shall be preceded by a clear presentation of the impacts of the proposed alteration, subject to the requirements of Section 5.010, Impact Assessment.
      4. The maximum height of structures in the Aquatic Natural Zone shall be 20 feet above the grade of adjacent shorelands.
      5. Uses that are not water-dependent shall be located either on a floating structure or pilings, and shall not increase the need for fill if in association with a water-dependent use located on fill.
      6. Uses that are not water-dependent shall not preclude or conflict with existing or probable future water-dependent use on the site or in the vicinity.
      7. Uses in this zone which are water-dependent or water-related must meet the criteria for water-dependent uses (Section 4.220(A)) or for water-related uses (Section 4.220(B)).
      8. Accessory structures in the Aquatic Natural Zone are limited in size to a maximum of ten percent of the primary structure.
      9. All uses shall comply with applicable lighting standards in Section 3.128.
      10. All uses shall comply with the requirements of Section 3.215 for outdoor storage areas.
      11. All uses located within an overlay zone area will comply with the applicable requirements in Article 14 of this code.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.650 PURPOSE AND AREA INCLUDED

      The purpose of the Marine Industrial Shorelands Zone is to manage shorelands in urban and urbanizable areas especially suited for water-dependent uses and to protect these shorelands for water-dependent industrial, commercial and recreational use. The Marine Industrial Shorelands Zone includes areas with special suitability for water-dependent development. Primary attributes for Marine Industrial Shorelands areas are access to well scoured deep water and maintained navigation channels, existing developed land uses, potential for aquaculture, feasibility for marina development, and potential for recreational utilization. Uses of Marine Industrial Shorelands shall maintain the integrity of the estuary and coastal waters. Water-dependent uses receive highest priority, followed by water-related uses. Uses which are not water-dependent or water-related are provided for, but only when they do not foreclose options for future higher priority uses and do not limit the potential for more intensive uses of the area.

      2.655 PERMITTED USES

      The following uses and activities and their accessory uses and activities are permitted in the Marine Industrial Shorelands Zone subject to the applicable provisions of Section 2.665, Development Standards and Procedural Requirements:

      1. Water-dependent industrial use.
      2. Water-dependent commercial use.
      3. *Water-dependent recreational facility, including boat ramp, dock, moorage and marina for commercial and recreational marine craft.
      4. *Other water-dependent commercial and recreational uses.
      5. Shoreline stabilization.
      6. Navigational aide.
      7. Temporary dike for emergency flood protection limited to 60 days, subject to State and Federal regulations.
      8. Water-related commercial and industrial use.
      9. Transportation facilities.

      *Not permitted at South Tongue Point.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.660 CONDITIONAL USES

      The following uses and activities and their accessory uses and activities may be permitted in the Marine Industrial Shorelands Zone as Conditional Uses when authorized in accordance with Article 11, Conditional Uses. These uses and activities are also subject to the appropriate provisions of Section 2.665, Development Standards and Procedural Requirements:

      1. Retail trade facility for the sale of products such as ice, bait, tackle, charts, gasoline or other products incidental to, or used in conjunction with a water-dependent use.
      2. Eating and drinking establishment which provides a view of the waterfront, and which is in conjunction with a water-dependent use such as a marina or seafood processing plant.
      3. Water-related recreational use.
      4. Aquaculture facility.
      5. Temporary use meeting the requirements of Section 3.240.
      6. Non-water-dependent and non-water-related use which is accessory to and in conjunction with permitted water-dependent and water-related use.
      7. Non-water dependent and non-water related uses may be located in existing, under-utilized buildings provided the use does not preclude future water-dependent or water related uses.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.665 DEVELOPMENT STANDARDS AND PROCEDURAL REQUIREMENTS

      1. All uses shall satisfy applicable Columbia River Estuary Shoreland and Aquatic Area Use and Activity Standards in Article 4. Where a proposal involves several uses the standards applicable to each use shall be satisfied (e.g., dredge, fill, shoreline stabilization, piling installation or other activities in conjunction with an aquaculture facility shall be subject to the respective standards of these uses).
      2. When a proposal includes several uses, the uses shall be reviewed in aggregate under the more stringent procedure.
      3. Uses that are not water-dependent shall not preclude or conflict with existing or probable future water-dependent use on the site or in the vicinity.
      4. Water-dependent recreation and water-dependent commercial uses shall be located so as not to interfere with water-dependent marine industrial uses of areas.
      5. There shall be no height limitation for structures sited within the Marine Industrial Shorelands Zone.
      6. Uses in this zone which are water-dependent or water-related must meet the criteria for water-dependent use (Section 4.220(A)), or for water-related uses (Section 4.220(B)).
      7. Uses in the South Tongue Point Area, the North Tongue Point Mediated Agreement Area, or in the Port of Astoria Mediated Agreement Area, must comply with the relevant policies in the Comprehensive Plan, Sections CP.165(G) or CP.180(H).
      8. Accessory structures in the Marine Industrial Shorelands Zone are limited in size to a maximum of ten percent of the lot or parcel size.
      9. In the unincorporated UGB, uses and activities permitted under Sections 2.655 and 2.660 of this zone are subject to the public notice provisions of Section 9.020 if an impact assessment is required pursuant to Section 5.010, or if the Community Development Director determines that the permit decision will require interpretation or the exercise of factual, policy or legal judgement.
      10. Any lease of property for non-water dependent or non-water related uses shall contain a provision that the property owner shall terminate the lease if the property owner determines that the property is required for a water dependent or water related use.
      11. All uses shall comply with applicable lighting standards in Section 3.128.
      12. All uses shall comply with the requirements of Section 3.215 for outdoor storage areas.
      13. All uses located within an overlay zone area will comply with the applicable requirements in Article 14 of this code.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.675 PURPOSE AND AREAS INCLUDED

      The purpose of the S-2 Zone is to provide an area where a mixture of industrial, commercial, residential, public and recreational uses can locate. Uses which are water-dependent or water-related and other uses which would benefit from a water-front location are preferred. The S-2 Zone includes areas less suitable for marine-oriented uses than the S-1 Zone, such as shoreland areas with limited backup land.

      2.680 PERMITTED USES

      The following uses and activities and their accessory uses and activities are permitted in the General Development Shorelands Zone, subject to the provisions of 2.690, Development Standards and Procedural Requirements.

      1. *Charter fishing office.
      2. Cold storage and/or ice processing facility.
      3. *Marina and high intensity water-dependent recreation.
      4. Marine equipment sales establishment.
      5. *Petroleum receiving, dispensing and storage for marine use.
      6. Seafood receiving and processing.
      7. Ship and boat building and repair.
      8. Maintenance and repair of existing structure or facility.
      9. Navigation aide.
      10. Temporary dike for emergency flood protection subject to State and Federal regulations.
      11. Shoreline stabilization.
      12. Public park or recreation area.
      13. Water-dependent industrial, commercial and recreational use.
      14. *Manufactured Dwelling in an approved park.
      15. Transportation facilities.

      * Not permitted at South Tongue Point.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.685 CONDITIONAL USES

      The following uses and activities and their accessory uses and activities may be allowed as Conditional Uses when authorized in accordance with Article 11, Conditional Uses, and when they meet the provisions of 2.690, Development Standards and Procedural Requirements.

      1. Active restoration/resource enhancement.
      2. *Automobile sales and service establishment.
      3. Contract construction service establishment.
      4. Educational establishment.
      5. *Gasoline service station.
      6. Housing which is secondary to another permitted use, such as security guard's or proprietor's quarters.
      7. Log storage/sorting yard.
      8. *Manufactured Dwelling Park which satisfies requirements in Section 11.120.
      9. *Single-family or two-family dwelling where such use occupies no more than 25% of a structures gross floor area.
      10. *Multi-family dwelling.
      11. Public or semi-public use.
      12. Utility.
      13. Business service establishment.
      14. Communication service establishment.
      15. Personal service establishment.
      16. Professional service establishment.
      17. Repair service establishment.
      18. Research and development laboratory.
      19. Shipping and port activity.
      20. Wholesale trade, warehouse, and/or distribution establishment (including trucking terminal).
      21. Eating and drinking establishment.
      22. Retail sales establishment.
      23. *Hotel, motel, inn, bed and breakfast.
      24. *Indoor amusement, entertainment and/or recreation establishment.
      25. Wood processing.
      26. Light manufacturing.
      27. Temporary use meeting the requirements of Section 3.240.
      28. Water-related industrial, commercial and recreational uses.
      29. *Conference Center.
      30. Residential Home.
      31. Residential Facility.

      *Not permitted at South Tongue Point.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.690 DEVELOPMENT STANDARDS AND PROCEDURAL REQUIREMENTS

      1. All uses will satisfy applicable Columbia River Estuary Shoreland and Aquatic Area Use and Activity Standards in Article 4. Where a proposal involves several uses the standards applicable to each use shall be satisfied.
      2. All uses shall comply with the requirements of Section 3.215 for outdoor storage areas.
      3. All uses will comply with access, parking, and loading standards in Article 7.
      4. When a proposal includes several uses, the uses shall be reviewed in aggregate under the more stringent procedure.
      5. Signs will comply with requirements in Article 8.
      6. No structure shall exceed a height of 28 feet above grade, except for those areas between the 15th and 21st Street right-of-ways, between the 5th Street right-of-way and the Astoria-Megler Bridge, and for a public viewing tower on Pier 1. In these areas no structure shall exceed a height of 45 feet above grade. For the purposes of this Code Section, Pier 1 is described as the S-2 zoned pier area south to the narrow neck of the pier."
      7. Commercial and recreational facilities having a tourist orientation shall be designed to take maximum advantage of river views.
      8. Uses which are non-water-dependent, non-water-related or which otherwise derive no benefit from a waterfront location and which have frontage on the water shall provide a landscaped buffer along the waterfront.
      9. Whenever possible all structures shall be designed and orientated to maintain views of the river from public rights-of-way.
      10. Uses in this zone which are water-dependent or water-related must meet the criteria for water-dependent uses (Section 4.220.A), or for water-related uses (Section 4.220.B).
      11. Accessory structures in the General Development Shorelands Zone are limited in size to a maximum of 10% of the lot or parcel size.
      12. All uses shall comply with applicable lighting standards in Section 3.128.
      13. All uses located within an overlay zone area will comply with the applicable requirements in Article 14 of this code.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022
      Amended by Ord. 23-05 on 10/2/2023

      2.700 PURPOSE AND AREA INCLUDED

      This district is intended to provide for mixed-use tourist oriented development that retains and takes advantage of the working waterfront character of the area. The uses permitted are intended to be compatible with pedestrian orientation. The emphasis is on the rehabilitation and reuse of existing structures.

      2.705 PERMITTED USES

      The following uses and activities and accessory uses and activities are permitted in the Tourist Oriented Shoreland Zone, subject to the provisions of 2.715. Development Standards and Procedural Requirements.

      1. Tourist oriented retail sales establishment.
      2. Eating, drinking and entertainment establishment without drive-through facility.
      3. Specialized food store, such as bakery, delicatessen and seafood market.
      4. Multi-family Dwelling.
      5. Personal service establishment, excluding funeral homes.
      6. Indoor family-oriented amusement, entertainment and/or recreation establishment.
      7. Theater.
      8. Seafood receiving and processing.
      9. Small boat building and repair.
      10. Boat and/or marine equipment sales.
      11. Park and museum.
      12. Shoreline stabilization.
      13. Navigation aide.
      14. Conference Center.
      15. Transportation facilities.
      16. Residential Facility.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.710 CONDITIONAL USES

      The following uses and activities and their accessory uses and activities may be permitted in the Tourist-Oriented Shoreland Zone as Conditional Uses when authorized in accordance with Article 11, Conditional Uses. These uses and activities are also subject to the appropriate provisions of Section 2.715, Development Standards and Procedural Requirements.

      1. Arts and crafts studio.
      2. Commercial or public parking lot.
      3. Hotel, motel, inn, and bed and breakfast.
      4. Non-tourist oriented retail sales establishment.
      5. Professional and business office.
      6. Public or semi-public use appropriate to and compatible with the district.
      7. Repair service establishment, not including automotive, heavy equipment, or other major repair service.
      8. Temporary use meeting the requirements of Section 3.240.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.715 DEVELOPMENT STANDARDS AND PROCEDURAL REQUIREMENTS

      1. All uses will satisfy applicable Columbia River Estuary Shoreland and Aquatic Area Use and Activity Standards in Article 4. Where a proposal involves several uses the standards applicable to each use shall be satisfied.
      2. All uses shall comply with the requirements of Section 3.215 for outdoor storage areas.
      3. No structure will exceed a height of 45 feet above grade.
      4. Signs will comply with requirements in Article 8.
      5. Commercial and recreational facilities having a tourist orientation shall be designed to take maximum advantage of river views.
      6. Uses in this zone which are water-dependent or water-related must meet the criteria for water-dependent uses (Section 4.220(A)) or for water-related uses (Section 4.220(B)).
      7. New businesses with frontage on north-south oriented streets shall meet the following requirements:
        1. To the extent possible, businesses which have frontage on both Marine Drive and north-south streets will locate the tourist oriented portions or functions to the north-south streets.
        2. New or renovated storefronts will be designed to relate to existing adjacent businesses in terms of scale, color and use of materials.
        3. Where appropriate, store font windows along north-south streets will be restored to "display window" condition.
        4. The number of garage entry doors along the street will be kept to a minimum.
        5. The Planning Commission may require landscaping, lighting, street furniture or other amenities as part of a renovation or new use.
      8. Accessory structures in the Tourist-Oriented Shorelands Zone are limited in size to a maximum of 10% of the lot or parcel size.
      9. All uses shall comply with applicable lighting standards in Section 3.128.
      10. All uses located within an overlay zone area will comply with the applicable requirements in Article 14 of this code.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.725 PURPOSE AND AREAS INCLUDED

      This district is for shoreland areas which should be managed for resource protection, preservation, restoration and recreation, with severe restrictions on the intensity and types of uses. Natural shoreland areas may include unique or highly valuable vegetative or wildlife habitat, and critical habitat for endangered or threatened species, where a less restrictive designation would not provide adequate protection.

      2.730 PERMITTED USES

      The following uses and activities and their accessory uses and activities are permitted in the Natural Shorelands Zone, subject to the appropriate provisions of Section 2.740, Development Standards and Procedural Requirements.

      1. Navigation aide.
      2. Vegetative shoreline stabilization.
      3. Maintenance and repair of existing structure and facility.

      2.735 CONDITIONAL USES

      The following uses and activities and their accessory uses and activities may be permitted in the Natural Shorelands Zone as Conditional Uses when authorized in accordance with Article 11, Conditional Uses. These uses and activities are also subject to the appropriate provisions of Section 2.740, Development Standards and Procedural Requirements:

      1. Marine research and/or education facility.
      2. Restoration or mitigation, where consistent with the maintenance of natural values.
      3. Low-intensity recreation.
      4. Transportation facilities, excluding electric car charging stations. (Section 2.735.D added by Ordinance 14-03, 4-21-14)
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.740 DEVELOPMENT STANDARDS AND PROCEDURAL REQUIREMENTS

      1. All uses will satisfy applicable Columbia River Estuary Shoreland and Aquatic Area Use and Activity Standards in Article 4. Where a proposal involves several uses the standards applicable to each use shall be satisfied.
      2. When a proposal includes several uses, the uses shall be reviewed in aggregate under the more stringent procedure.
      3. All structures shall be set back 50 feet from the shoreline to protect riparian vegetation, except where direct water access is required for a water-dependent use. Riparian vegetation within the setback shall be maintained except where direct water access is required. Temporary removal of riparian vegetation due to construction or landscaping may be permitted, subject to a revegetation plan approved by the City which specifies:
        1. Temporary stabilization measures;
        2. Methods and timing for restoration of riparian vegetation. Native plant species should be considered for revegetation; however, plant species and revegetation techniques approved by the Soil Conservation Service, the US Army Corps of Engineers, and other participating Federal and State resource agencies are appropriate.
      4. The maximum height of structures in the S-5 Zone shall be 20 feet above grade.
      5. Reserved
      6. All uses shall comply with applicable lighting standards in Section 3.128.
      7. All uses shall comply with the requirements of Section 3.215 for outdoor storage areas.
      8. All uses located within an overlay zone area will comply with the applicable requirements in Article 14 of this code.
         
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.835 PURPOSE

      This zone is intended to facilitate uses such as parks, public works, schools, museums, open space, and similar activities on property which is presently committed to such uses.

      2.840 USES PERMITTED OUTRIGHT

      The following uses and their accessory uses are permitted in an IN Zone if the Community Development Director determines that the uses will not violate standards referred to in Sections 2.835 through 2.860, additional Development Code provisions, the Comprehensive Plan, and other City laws:

      A. Community building.B. Low-intensity recreation. C. Public parking lot or structure.D. Public restroom.E.
    4. Public utility shop and yard.F. Recycling or solid waste transfer facility.G. Reservoir.H. School or college.I.
    5. Single-family or two-family dwelling on lot where either use existed as of January 1, 1990, and an Accessory Dwelling Unit. J. Utilities.K. Transportation facilities.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022
    6. 2.842 CONDITIONAL USES PERMITTED

      The following uses and their accessory uses are permitted in an Institutional Zone (IN) if the Planning Commission, after a public hearing, determines that the location and development plans comply with applicable standards referred to in Sections 2.845 through 2.860, additional Development Code provisions, the Comprehensive Plan, and other City laws:

      1. High-intensity recreation.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.845 YARDS

      The minimum yard requirements in an IN Zone will be as follows:

      1. The minimum front yard will be 20 feet.
      2. The minimum side yard will be five (5) feet, except on corner lots, the side yard on the street side will be 15 feet.
      3. The minimum rear yard will be 20 feet, except on corner lots, the rear yard will be five (5) feet.

      2.850 LANDSCAPED OPEN AREA

      A minimum of 10 percent of the total lot area will be maintained as a landscaped open area.

      2.855 HEIGHT OF STRUCTURES

      No structure will exceed a height of 45 feet above grade.

      2.860 OTHER APPLICABLE USE STANDARDS

      1. Landscaping shall meet the requirements of Sections 3.105 through 3.120.
      2. When an institutional use in an IN Zone abuts a lot in a residential zone, there will be an attractively designed and maintained buffer of at least five (5) feet in width, which can be in the form of hedges, fencing, or walls.
      3. All uses shall comply with the requirements of Section 3.215 for outdoor storage areas.
      4. Where feasible, joint access points and parking facilities for more than one use should be established.
      5. All uses will comply with access, parking, and loading standards in Article 7.
      6. Signs will comply with requirements in Article 8.
      7. All structures will have storm drainage facilities that are channeled into the public storm drainage system or a natural drainage system approved by the City Engineer. Developments affecting natural drainage shall be approved by the City Engineer.
      8. Where new development is within 100 feet of a known landslide hazard, a site investigation report will be prepared by a registered geologist. Recommendations contained in the site report will be incorporated into the building plans.
      9. A legal nonconforming single-family or two-family dwelling may be moved, enlarged or reconstructed provided such work is confined to those privately-owned lots associated with the dwelling.
      10. All uses shall comply with applicable lighting standards in Section 3.128.
      11. All uses located within an overlay zone area will comply with the applicable requirements in Article 14 of this code.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.870 PURPOSE

      The purpose of the LR Zone is to protect forest lands for forest uses, such as harvesting, preservation, recreation, and similar activities. Conversion of the LR Zone to urban uses may only be done through the expansion of the Urban Growth Boundary and amendment of the Land Use Plan and Zoning Map.

      2.875 USES PERMITTED OUTRIGHT

      The following uses and their accessory uses are permitted in the LR Zone if the Community Development Director determines that the uses will not violate standards referred to in Section 2.880, additional Development Code provisions, Comprehensive Plan, and other City laws.

      1. Forest management, including logging, access roads, spraying, slash burning and other activities regulated by the Oregon Forest Practices Act.
      2. Public facilities, including water reservoirs and distribution lines, power lines, roads and similar uses.
      3. Low-intensity recreation. (Section 2.875.D added by Ordinance 14-03, 4-21-14)(Section 2.875(C) amended by Ordinance 96-01, 1-16-96)
      4. Transportation facilities, excluding electric car charging stations and transit stops.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.880 OTHER APPLICABLE USE STANDARDS

      1. Forest management activities shall be regulated in accordance with the Oregon Forest Practices Act.
      2. Activities or uses other than forest management shall be carried out in a manner which protects the natural resources of the area, including wildlife habitat, significant stands of trees, water quality and views and vistas.
      3. All uses shall comply with applicable lighting standards in Section 3.128. (Section 2.880.C added by Ord 19-05, 6-17-2019)
      4. All uses shall comply with the requirements of Section 3.215 for outdoor storage areas. (Section 2.880.D added by Ord 19-05, 62019

        HISTORY
        Amended by Ord. 22-01 on 11/7/2022

      2.890 PURPOSE

      The purpose of the Maritime Heritage Zone is to provide visitor-oriented facilities that will support tourist-oriented use of the existing Columbia River Maritime Museum, Clatsop County Historical Society Museum, the adjacent Aquatics Center, and other uses.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.892 USES PERMITTED OUTRIGHT

      The following uses and their accessory uses are permitted in an MH Zone if the Community Development Director determines that the uses will not violate standards referred to in Sections 2.890 through 2.902, additional Development Code provisions, the Comprehensive Plan, and other City laws:

      1. Eating and drinking establishment without drive-through facility.
      2. Home occupation, which satisfies requirements in Section 3.095.
      3. Museum.
      4. Park.
      5. Restaurant as an accessory use to an Inn which has been approved as a Conditional Use. See Section 3.230.
      6. Retail sales establishment.
      7. Transportation facilities.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.894 CONDITIONAL USES PERMITTED

      The following uses and their accessory uses are permitted in a MH Zone if the Planning Commission, after a public hearing, determines that the location and development plans comply with applicable standards referred to in Sections 2.896 through 2.902, additional Development Code provisions, the Comprehensive Plan, and other City laws:

      1. Arts and craft studio.
      2. Bed and breakfast, inn, or home stay lodging (which satisfies requirements in City Code Sections 8.750 to 8.800).
      3. Commercial off-street parking lot.
      4. Family day care center.
      5. Indoor family entertainment or recreation establishment.
      6. Public or semi-public uses.
      7. Residential facility, located above or below the first floor, with permitted commercial facilities on the first floor of the structure.
      8. Residential home, located above or below the first floor, with permitted commercial facilities on the first floor of the structure.
      9. Single-family, two-family, or multi-family dwelling, located above or below the first floor, with permitted commercial facilities on the first floor of the structure.
      10. Temporary use meeting the requirements of Section 3.240.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.898 LANDSCAPED OPEN AREA

      A minimum of 10% of the total lot area will be maintained as a landscaped open area.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.900 HEIGHT OF STRUCTURES

      No structure will exceed a height of 45 feet above grade.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.902 OTHER APPLICABLE USE STANDARDS

      1. Landscaping shall meet the requirements of Sections 3.105 through 3.120.
      2. All uses shall comply with the requirements of Section 3.215 for outdoor storage areas. This requirement does not apply to outdoor retail sales areas.
      3. Where feasible, joint access points and parking facilities for more than one use should be established. This standard does not apply to multi-family residential developments.
      4. Access drives and parking areas should, where possible, be located on side streets or non-arterial streets in order to minimize congestion on Marine Drive.
      5. All uses will comply with access, parking, and loading standards in Article 7.
      6. Conditional uses will meet the requirements in Article 11.
      7. Signs will comply with requirements in Article 8 and the specific regulations of the C-4 Zone in Section 8.180.
      8. All structures will have storm drainage facilities that are channeled into the public storm drainage system or a natural drainage system approved by the City Engineer. Developments affecting natural drainage shall be approved by the City Engineer.
      9. Where new development is within 100 feet of a known landslide hazard, a site investigation report will be prepared by a registered geologist. Recommendations contained in the site report will be incorporated into the building plans.
      10. For uses located within the Astor-East Urban Renewal District, refer to the Urban Renewal Plan for additional standards.
      11. All uses located within an overlay zone area will comply with the applicable requirements in Article 14 of this code.
      12. All uses shall comply with applicable lighting standards in Section 3.128.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.904 PURPOSE

      The purpose of the Family Activities Zone is to provide family-oriented uses to complement the Aquatics Center and adjacent museums.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.906 USES PERMITTED OUTRIGHT

      The following uses and their accessory uses are permitted in an FA Zone if the Community Development Director determines that the uses will not violate standards referred to in Sections 2.908 through 2.916, additional Development Code provisions, the Comprehensive Plan, and other City laws:

      1. Aquatics center.
      2. Eating and drinking establishment without drive-through facility.
      3. Home occupation, which satisfies requirements in Section 3.095.
      4. Museum.
      5. Park.
      6. Residential facility, located above or below the first floor, with permitted commercial facilities on the first floor of the structure.
      7. Residential home, located above or below the first floor, with permitted commercial facilities on the first floor of the structure.
      8. Single-family, two-family, or multi-family dwelling, located above or below the first floor, with permitted commercial facilities on the first floor of the structure.
      9. Retail sales establishment.
      10. Theater.
      11. Transportation facilities.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.908 CONDITIONAL USES PERMITTED

      The following uses and their accessory uses are permitted in a FA Zone if the Planning Commission, after a public hearing, determines that the location and development plans comply with applicable standards referred to in Sections 2.910 through 2.916, additional Development Code provisions, the Comprehensive Plan, and other City laws:

      1. Arts and crafts studio.
      2. Commercial off-street parking lot.
      3. Day care center.
      4. Family day care center.
      5. Indoor family entertainment or recreation establishment not otherwise permitted as an outright use.
      6. Professional service establishment.
      7. Public or semi-public use.
      8. Temporary use meeting the requirements of Section 3.240.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.912 LANDSCAPED OPEN AREA

      A minimum of 10% of the total lot area will be maintained as a landscaped open area.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.914 HEIGHT OF STRUCTURES

      No structure will exceed a height of 45 feet above grade.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.916 OTHER APPLICABLE USE STANDARDS

      1. Landscaping shall meet the requirements of Sections 3.105 through 3.120.
      2. All uses shall comply with the requirements of Section 3.215 for outdoor storage areas. This requirement does not apply to outdoor retail sales areas.
      3. Where feasible, joint access points and parking facilities for more than one use should be established. This standard does not apply to multi-family residential developments.
      4. Access drives and parking areas should, where possible, be located on side streets or non-arterial streets in order to minimize congestion on Marine Drive.
      5. All uses will comply with access, parking, and loading standards in Article 7.
      6. Conditional uses will meet the requirements in Article 11.
      7. Signs will comply with requirements in Article 8 and specifically.
      8. All structures will have storm drainage facilities that are channeled into the public storm drainage system or a natural drainage system approved by the City Engineer. Developments affecting natural drainage shall be approved by the City Engineer.
      9. Where new development is within 100 feet of a known landslide hazard, a site investigation report will be prepared by a registered geologist. Recommendations contained in the site report will be incorporated into the building plans.
      10. For uses located within the Astor-East Urban Renewal District, refer to the Urban Renewal Plan for additional standards.
      11. All uses located within an overlay zone area will comply with the applicable requirements in Article 14 of this code.
      12. All uses shall comply with applicable lighting standards in Section 3.128.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.918 PURPOSE

      The purpose of the Attached Housing/Health Care Zone is to develop the area as an attached and senior housing area at a minimum density of 13 units per acre, with medical uses allowed with appropriate buffers. It is intended to be a residential neighborhood in scale and character.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.920 USES PERMITTED OUTRIGHT

      The following uses and their accessory uses are permitted in an AH-HC Zone if the Community Development Director determines that the uses will not violate standards referred to in Sections 2.924 through 2.934, additional Development Code provisions, the Comprehensive Plan, and other City laws:

      1. Group Living Facility.
      2. Family day care center.
      3. Heliport associated with a hospital.
      4. Home occupation which satisfies the requirements in Section 3.095.
      5. Medical or health care service establishments.
      6. Multi-family dwelling.
      7. Residential facility.
      8. Residential home.
      9. Single-family dwelling, located above or below the first floor, with permitted commercial facilities on the first floor of the structure.
      10. Two-family dwelling.
      11. Transportation facilities.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.922 CONDITIONAL USES PERMITTED

      The following uses and their accessory uses are permitted in a AH-HC Zone if the Planning Commission, after a public hearing, determines that the location and development plans comply with applicable standards referred to in Sections 2.924 through 2.934, additional Development Code provisions, the Comprehensive Plan, and other City laws:

      1. Arts and crafts studio.
      2. Business service establishment.
      3. Day care center.
      4. Educational service establishment.
      5. Personal service establishment.
      6. Public or semi-public use.
      7. Retail sales establishment not exceeding 3,000 square feet gross floor area.
      8. Temporary use meeting the requirements of Section 3.240.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.924 YARDS

      The minimum yard requirements in an AH-HC Zone will be as follows:

      1. The minimum front yard will be 10 feet. However, the minimum front yard for porches, bay windows, and stairways will be 6 feet.
      2. The minimum rear yard will be 5 feet.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.926 DENSITY

      Residential uses will have a minimum density of 13 units per acre.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.928 LOT COVERAGE

      Buildings will not cover more than 80% of the lot area.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.930 LANDSCAPED OPEN AREA

      A minimum of 20% of the total lot area will be maintained as a landscaped open area.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.932 HEIGHT OF STRUCTURES

      No structure will exceed a height of 35 feet above grade.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.934 OTHER APPLICABLE USE STANDARDS

      1. All uses except single-family and two-family dwellings shall meet the landscaping requirements of Sections 3.105 through 3.120.
      2. All uses shall comply with the requirements of Section 3.215 for outdoor storage areas. This requirement does not apply to outdoor retail sales areas.
      3. Where feasible, joint access points and parking facilities for more than one use should be established. This standard does not apply to multi-family residential developments.
      4. Access drives and parking areas should, where possible, be located on side streets or non-arterial streets in order to minimize congestion on Marine Drive.
      5. All uses will comply with access, parking, and loading standards in Article 7.
      6. Conditional uses will meet the requirements in Article 11.
      7. Signs will comply with requirements in Article 8 and specifically, the Specific regulations of the C-3 Zone in Section 8.150.
      8. All structures will have storm drainage facilities that are channeled into the public storm drainage system or a natural drainage system approved by the City Engineer. Developments affecting natural drainage shall be approved by the City Engineer.
      9. Where new development is within 100 feet of a known landslide hazard, a site investigation report will be prepared by a registered geologist. Recommendations contained in the site report will be incorporated into the building plans.
      10. For uses located within the Astor-East Urban Renewal District, refer to the Urban Renewal Plan for additional standards.
      11. All uses located within an overlay zone area will comply with the applicable requirements in Article 14 of this code.
      12. A buffer of 100' shall be maintained between residential uses and non-residential uses within the boundaries of the AH-HC Zone. The buffer area shall not include structures, but may include parking and landscaped open space.
      13. The western 100' of land along the 20th Street right-of-way shall be reserved for medical and health care facilities.
      14. When a commercial use in an AH-HC Zone abuts a lot in a residential zone there will be an attractively designed and maintained buffer of at least five (5) feet in width, which can be in the form of hedges, fencing, or walls.
      15. All uses shall comply with applicable lighting standards in Section 3.128.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.936 PURPOSE

      The purpose of the Health Care Zone is for continued use and expansion of hospital and medical offices. It is also appropriate for residential uses.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.938 USES PERMITTED OUTRIGHT

      The following uses and their accessory uses are permitted in an HC Zone if the Community Development Director determines that the uses will not violate standards referred to in Sections 2.942 through 2.948, additional Development Code provisions, the Comprehensive Plan, and other City laws:

      1. Long-Term Care Group Living Facilities.
      2. Heliport associated with a hospital.
      3. Hospital.
      4. Reserved
      5. Medical or health care service establishment.
      6. Transportation facilities.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.940 CONDITIONAL USES PERMITTED

      The following uses and their accessory uses are permitted in a HC Zone if the Planning Commission, after a public hearing, determines that the location and development plans comply with applicable standards referred to in Sections 2.942 through 2.948, additional Development Code provisions, the Comprehensive Plan, and other City laws:

      1. Business service establishment.
      2. Day care center.
      3. Educational service establishment.
      4. Personal service establishment.
      5. Professional service establishment.
      6. Public or semi-public use.
      7. Residential facility.
      8. Retail sales establishment not exceeding 3,000 square feet gross floor area.
      9. Temporary use meeting the requirements of Section 3.240.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.941 MAXIMUM SITE DEVELOPMENT

      To ensure that development in the HC Zone does not have a significant impact on existing or planned transportation facilities, total development of all structures in this zone shall not exceed 542,618 square feet as noted in the TPR report by Kittleson & Associates, dated November 20, 2023. This transportation related trip cap is necessary to comply with the Transportation Planning Rule (OAR 660-012-0060).

      New development and /or expansion of existing uses in the HC Zone shall submit a traffic impact study (TIS) to support the proposed development. The TIS shall demonstrate consistency with the trip cap.

      HISTORY
      Adopted by Ord. 23-08 on 12/4/2023

      2.942 LOT COVERAGE

      Buildings will not cover more than 90% of the lot area.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.944 LANDSCAPED OPEN AREA

      A minimum of 10% of the total lot area will be maintained as a landscaped open area.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.946 HEIGHT OF STRUCTURES

      A. Health Care Related Services

      To preserve views of the Columbia River from Irving Avenue and the Astoria Column, the following stepped height setback requirements shall apply:

      Distance from south side of Exchange Street right-of-way to the south
      Maximum Height Limit Above Grade per Section 1.400
      0 feet to 124 feet
      45 feet
      124 feet to 194 feet
      80 feet
      195 feet to 235 feet
      94 feet
      Greater than 235 feet
      98 feet

      B. Non-Health Care Related Uses.

      No structure shall exceed a height of 45 feet above grade.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022
      Amended by Ord. 23-08 on 12/4/2023

      2.948 OTHER APPLICABLE USE STANDARDS

      1. Landscaping shall meet the requirements of Sections 3.105 through 3.120.
      2. All uses shall comply with the requirements of Section 3.215 for outdoor storage areas. This requirement does not apply to outdoor retail sales areas.
      3. Where feasible, joint access points and parking facilities for more than one use should be established. This standard does not apply to multi-family residential developments.
      4. Access drives and parking areas should, where possible, be located on side streets or non-arterial streets in order to minimize congestion on Marine Drive.
      5. All uses will comply with access, parking, and loading standards in Article 7.
      6. Conditional uses will meet the requirements in Article 11.
      7. Signs will comply with requirements in Article 8 and specifically, the Specific regulations of the C-3 Zone in Section 8.150.
      8. All structures will have storm drainage facilities that are channeled into the public storm drainage system or a natural drainage system approved by the City Engineer. Developments affecting natural drainage shall be approved by the City Engineer.
      9. Where new development is within 100 feet of a known landslide hazard, a site investigation report will be prepared by a registered geologist. Recommendations contained in the site report will be incorporated into the building plans.
      10. For uses located within the Astor-East Urban Renewal District, refer to the Urban Renewal Plan for additional standards.
      11. All uses except health care uses located within an overlay zone area will comply with the applicable requirements in Article 14 of this code.
      12. When a commercial use in an HC Zone abuts a lot in a residential zone there will be an attractively designed and maintained buffer of at least five (5) feet in width, which can be in the form of hedges, fencing, or walls.
      13. All uses shall comply with applicable lighting standards in Section 3.128. 
      14. Health care related uses within the HC zone are exempt from the provisions of Section 6.070.A and Historic Review.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022
      Amended by Ord. 23-08 on 12/4/2023

      2.950 PURPOSE

      The purpose of the Education/Research/Health Care Campus Zone is to develop a “university-like” character. The Oregon State University Seafood Lab and Duncan K. Law Seafood Consumer and Education Center will set the tone for new developments in the zone, with emphasis on the development of green spaces, plazas, and other pedestrian facilities.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.952 USES PERMITTED OUTRIGHT

      The following uses and their accessory uses are permitted in an CA Zone if the Community Development Director determines that the uses will not violate standards referred to in Sections 2.956 through 2.964, additional Development Code provisions, the Comprehensive Plan, and other City laws:

      1. Educational or research service establishment.
      2. Home occupation which satisfies the requirements of Section 3.095.
      3. Medical or health care service establishment.
      4. Retail sales establishment not exceeding 3,000 square feet gross floor area.
      5. Seafood processing in association with an educational or research service establishment.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.954 CONDITIONAL USES PERMITTED

      The following uses and their accessory uses are permitted in a CA Zone if the Planning Commission, after a public hearing, determines that the location and development plans comply with applicable standards referred to in Sections 2.956 through 2.964, additional Development Code provisions, the Comprehensive Plan, and other City laws:

      1. Commercial off-street parking lot.
      2. Communication service establishment.
      3. Day care center.
      4. Hospital.
      5. Public or semi-public use.
      6. Residential facility, located above or below the first floor, with permitted commercial facilities on the first floor of the structure.
      7. Residential home, located above or below the first floor, with permitted commercial facilities on the first floor of the structure.
      8. Retail sales establishment exceeding 3,000 square feet gross floor area.
      9. Single-family, two-family, or multi-family dwelling, located above or below the first floor, with permitted commercial facilities on the first floor of the structure.
      10. Temporary use meeting the requirements of Section 3.240.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.956 LOT SIZE

      The minimum lot size requirements in the CA Zone will be 5,000 square feet.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.958 LOT COVERAGE

      Buildings will not cover more than 60% of the lot area.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.960 LANDSCAPED OPEN AREA

      A minimum of 20% of the total lot area will be maintained as a landscaped open area.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.962 HEIGHT OF STRUCTURES

      No structure will exceed a height of 45 feet above grade.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.964 OTHER APPLICABLE USE STANDARDS

      1. Landscaping shall meet the requirements of Sections 3.105 through 3.120.
      2. All uses shall comply with the requirements of Section 3.215 for outdoor storage areas. This requirement does not apply to outdoor retail sales areas.
      3. Where feasible, joint access points and parking facilities for more than one use should be established. This standard does not apply to multi-family residential developments.
      4. Access drives and parking areas should, where possible, be located on side streets or non-arterial streets in order to minimize congestion on Marine Drive.
      5. All uses will comply with access, parking, and loading standards in Article 7.
      6. Conditional uses will meet the requirements in Article 11.
      7. Signs will comply with requirements in Article 8 and specifically, the Specific regulations of the C-3 Zone in Section 8.150.
      8. All structures will have storm drainage facilities that are channeled into the public storm drainage system or a natural drainage system approved by the City Engineer. Developments affecting natural drainage shall be approved by the City Engineer.
      9. Where new development is within 100 feet of a known landslide hazard, a site investigation report will be prepared by a registered geologist. Recommendations contained in the site report will be incorporated into the building plans.
      10. For uses located within the Astor-East Urban Renewal District, refer to the Urban Renewal Plan for additional standards.
      11. All uses will comply with the requirements of the Gateway Overlay Zone in Sections 14.005 to 14.030.
      12. All uses shall comply with applicable lighting standards in Section 3.128.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.966 PURPOSE

      The purpose of the Hospitality/Recreation Zone is to foster a quality regional destination-oriented hotel and associated uses. Uses are intended to relate to the museum, historic train station, and the historic character of Astoria as a whole. There should be easy pedestrian access to the surrounding uses.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.967 USES PERMITTED OUTRIGHT

      The following uses and their accessory uses are permitted in an HR Zone if the Community Development Director determines that the uses will not violate standards referred to in Sections 2.969 through 2.972, additional Development Code provisions, the Comprehensive Plan, and other City laws:

      1. Eating and drinking establishment without drive-through facility.
      2. Home occupation, which satisfies requirements in Section 3.095.
      3. Hotel, motel, bed and breakfast, inn and other tourist lodging facilities.
      4. Park.
      5. Residential facility, located above or below the first floor, with permitted commercial facilities on the first floor of the structure.
      6. Residential home, located above or below the first floor, with permitted commercial facilities on the first floor of the structure.
      7. Restaurant as an accessory use to an Inn. See Section 3.230.
      8. Retail sales establishment.
      9. Single-family, two-family, or multi-family dwelling, located above or below the first floor, with permitted commercial facilities on the first floor of the structure.
      10. Transportation facilities.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.968 CONDITIONAL USES PERMITTED

      The following uses and their accessory uses are permitted in the HR Zone if the Planning Commission, after a public hearing, determines that the location and development plans comply with applicable standards referred to in Sections 2.969 through 2.972, additional Development Code provisions, the Comprehensive Plan, and other City laws:

      1. Commercial off-street parking lot.
      2. Day care center.
      3. Family day care center.
      4. Indoor family entertainment or recreation establishment.
      5. Museum.
      6. Personal service establishment.
      7. Public or semi-public use.
      8. Temporary use meeting the requirements of Section 3.240.
      9. Medical offices.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.969 LOT COVERAGE

      Buildings will not cover more than 90% of the lot area.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.970 LANDSCAPED OPEN AREA.

      A minimum of 10% of the total lot area will be maintained as a landscaped open area.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.971 HEIGHT OF STRUCTURES

      No structure will exceed a height of 45 feet above grade, except that a hotel will not exceed 60 feet above grade.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.972 OTHER APPLICABLE USE STANDARDS

      1. Landscaping shall meet the requirements of Sections 3.105 through 3.120.
      2. All uses shall comply with the requirements of Section 3.215 for outdoor storage areas.
      3. Where feasible, joint access points and parking facilities for more than one use should be established.
      4. Access drives and parking areas should, where possible, be located on side streets or non-arterial streets in order to minimize congestion on Marine Drive.
      5. All uses will comply with access, parking, and loading standards in Article 7.
      6. Conditional uses will meet the requirements in Article 11.
      7. Signs will comply with requirements in Article 8 and specifically, the Specific regulations of the C-3 Zone in Section 8.150.
      8. All structures will have storm drainage facilities that are channeled into the public storm drainage system or a natural drainage system approved by the City Engineer. Developments affecting natural drainage shall be approved by the City Engineer.
      9. Where new development is within 100 feet of a known landslide hazard, a site investigation report will be prepared by a registered geologist. Recommendations contained in the site report will be incorporated into the building plans.
      10. For uses located within the Astor-East Urban Renewal District, refer to the Urban Renewal Plan for additional standards.
      11. All uses located within an overlay zone area will comply with the applicable requirements in Article 14 of this code.
      12. All uses shall comply with applicable lighting standards in Section 3.128.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.975 PURPOSE

      The purpose of the Local Service Zone is for those uses that may be of a more vehicular oriented nature, such as gasoline service stations, mini-marts, and other neighborhood commercial uses.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.976 USES PERMITTED OUTRIGHT

      The following uses and their accessory uses are permitted in an LS Zone if the Community Development Director determines that the uses will not violate standards referred to in Sections 2.978 through 2.981, additional Development Code provisions, the Comprehensive Plan, and other City laws:

      1. Bed and breakfast or inn.
      2. Home occupation, which satisfies requirements in Section 3.095.
      3. Personal service establishment.
      4. Residential facility, located above or below the first floor, with permitted commercial facilities on the first floor of the structure.
      5. Residential home, located above or below the first floor, with permitted commercial facilities on the first floor of the structure.
      6. Retail sales establishment. (East of 23rd Street, retail sales establishment greater than 14,000 gross square feet shall include a minimum of 50% of gross floor area devoted to multi-family dwellings located above the first floor.)
      7. Repair service establishment not exceeding 3,000 square feet gross floor area.
      8. Two-family or multi-family dwelling, located above or below the first floor, with permitted commercial facilities on the first floor of the structure.
      9. Transportation facilities.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.977 CONDITIONAL USES PERMITTED

      The following uses and their accessory uses are permitted in a LS Zone if the Planning Commission, after a public hearing, determines that the location and development plans comply with applicable standards referred to in Sections 2.978 through 2.981, additional Development Code provisions, the Comprehensive Plan, and other City laws:

      1. Business service establishment. (Not allowed on properties between 23rd and 29th Street north of Marine Drive.)
      2. Day care center.
      3. Eating and drinking establishment without drive-through facility.
      4. Family day care center.
      5. Gasoline service station. (Not allowed on properties between 23rd and 29th Street north of Marine Drive.)
      6. Public or semi-public use.
      7. Restaurant as an accessory use to an Inn. See Section 3.230.
      8. Temporary use meeting the requirements of Section 3.240.
      9. Transportation service establishment. (Not allowed on properties between 23rd and 29th Street north of Marine Drive.)
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.978 LOT COVERAGE

      Buildings will not cover more than 80% of the lot area.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.979 LANDSCAPED OPEN AREA

      A minimum of 20% of the total lot area will be maintained as a landscaped open area.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.980 HEIGHT OF STRUCTURES

      No structure will exceed a height of 35 feet above grade, with exception of structures on lots with frontage on Marine Drive between 23rd and 29th Street which are limited to a maximum height of 45 feet above grade.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.981 OTHER APPLICABLE USE STANDARDS

      1. Landscaping shall meet the requirements of Sections 3.105 through 3.120.
      2. All uses shall comply with the requirements of Section 3.215 for outdoor storage areas. This requirement does not apply to outdoor retail sales areas.
      3. Where feasible, joint access points and parking facilities for more than one use should be established. This standard does not apply to multi-family residential developments.
      4. Access drives and parking areas should, where possible, be located on side streets or non-arterial streets in order to minimize congestion on Marine Drive.
      5. All uses will comply with access, parking, and loading standards in Article 7.
      6. Conditional uses will meet the requirements in Article 11.
      7. Signs will comply with requirements in Article 8 and specifically, the Specific regulations of the C-3 Zone in Section 8.150.
      8. All structures will have storm drainage facilities that are channeled into the public storm drainage system or a natural drainage system approved by the City Engineer. Developments affecting natural drainage shall be approved by the City Engineer.
      9. Where new development is within 100 feet of a known landslide hazard, a site investigation report will be prepared by a registered geologist. Recommendations contained in the site report will be incorporated into the building plans.
      10. All uses located within an overlay zone area will comply with the applicable requirements in Article 14 of this code.
      11. All uses shall comply with applicable lighting standards in Section 3.128.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.984 PURPOSE

      The purpose of the Attached Housing/Mill Pond Zone is to provide an area of intensively developed mixed uses, incorporating housing, limited commercial uses, recreation, and open space with a strong orientation to the Mill Pond and the Columbia River. Residential development shall have a minimum density of 18 units per net acre.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.985 USES PERMITTED OUTRIGHT

      The following uses and their accessory uses are permitted in an AH-MP Zone if the Community Development Director determines that the uses will not violate standards referred to in Sections 2.987 through 2.992, additional Development Code provisions, the Comprehensive Plan, and other City laws:

      1. Arts and crafts studio.
      2. Family day care center.
      3. Home occupation, which satisfies the requirements of Section 3.095.
      4. Single-family dwelling.
      5. Two-family dwelling.
      6. Multi-family dwelling.
      7. Personal service establishment.
      8. Professional service establishment.
      9. Residential home.
      10. Residential facility.
      11. Transportation facilities.
      12. Accessory Dwelling Unit.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.986 CONDITIONAL USES PERMITTED

      The following uses and their accessory uses are permitted in a AH-MP Zone if the Planning Commission, after a public hearing, determines that the location and development plans comply with applicable standards referred to in Sections 2.987 through 2.992, additional Development Code provisions, the Comprehensive Plan, and other City laws:

      1. Bed and breakfast or inn.
      2. Day care center.
      3. Eating and drinking establishment without drive-through facility.
      4. Public or semi-public use.
      5. Restaurant as an accessory use to an Inn which has been approved as a Conditional Use. See Section 3.230.
      6. Retail sales establishment not exceeding 6,000 square feet gross floor area.
      7. Temporary use meeting the requirements of Section 3.240.
      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.987 YARDS

      There shall be no minimum yard requirements in the AH-MP Zone.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.988 DENSITY

      Residential development shall have a minimum density of 18 units per net acre.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.989 LOT COVERAGE

      There shall be no lot coverage standards in the AH-MP Zone.


      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.990 LANDSCAPED OPEN AREA

      A minimum of 20% of the total area within the AH-MP Zone will be maintained as a landscaped open area. Also, a minimum of 10% of the total area of lots with frontage on Marine Drive and of Lot 47 in Mill Pond Village Subdivision, having frontage on 29th and Waterfront Streets, will be maintained as a landscaped open area. All landscaping shall meet the requirements of Sections 3.105 through 3.120.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.991 HEIGHT OF STRUCTURES

      No structure will exceed a height of 35 feet above grade, with exception of structures on lots with frontage on Marine Drive and on Lot 47 in Mill Pond Village Subdivision, having frontage on 29th and Waterfront Streets, which are limited to a maximum height of 45 feet above grade.

      HISTORY
      Amended by Ord. 22-01 on 11/7/2022

      2.992 OTHER APPLICABLE USE STANDARDS

      1. Each lot or parcel shall abut a street, alley, or access easement for a width of at least 25 feet.
      2. All uses shall comply with the requirements of Section 3.215 for outdoor storage areas. This requirement does not apply to outdoor retail sales areas.
      3. Where feasible, joint access points and parking facilities for more than one use should be established. This standard does not apply to multi-family residential developments.
      4. Access drives and parking areas should, where possible, be located on side streets or non-arterial streets in order to minimize congestion on Marine Drive.
      5. All uses will comply with access, parking, and loading standards in Article 7.
      6. Conditional uses will meet the requirements in Article 11.
      7. Signs will comply with requirements in Article 8 and specifically, commercial uses will comply with the specific regulations of the C-4 Zone in Section 8.180, and residential uses will comply with the specific regulations of the R-3 Zone in Section 8.160.
      8. All structures will have storm drainage facilities that are channeled into the public storm drainage system or a natural drainage system approved by the City Engineer. Developments affecting natural drainage shall be approved by the City Engineer.
      9. Where new development is within 100 feet of a known landslide hazard, a site investigation report will be prepared by a registered geologist. Recommendations contained in the site report will be incorporated into the building plans.
      10. All uses will comply with the requirements of the Gateway Overlay Zone in Sections 14.005 to 14.030 and/or the Civic Greenway Overlay Zone in Sections 14.035 to 14.075 as applicable.
      11. All uses shall comply with applicable lighting standards in Section 3.128.
      12. Development may be located around the Mill Pond provided that public access locations are developed and maintained at intervals around the Mill Pond.
      13. A public view corridor, having a minimum width of 25’, shall be provided from Marine Drive to the Columbia River; however, a width of 75 feet is recommended.
      14. Residential development shall be designed so that front doors will not be located along the 29th Street right-of-way.
      15. For purposes of applying the Gateway Overlay and Civic Greenway Overlay Zones, the Astoria Mill Pond shall be deemed as on-land development not over-water.
      16. Section 14.060, Standards for On-Land Development of the Civic Greenway Overlay Zone do not apply to on-land or over-water Mill Pond single-family and/or two-family residential development in the AH-MP Zone (Attached Housing-Mill Pond).


      HISTORY
      Amended by Ord. 22-01 on 11/7/2022