This Chapter is intended to regulate land use within the Bay City Corporate Limits in conformance with the goals and policies of the Comprehensive Plan and the Statewide Planning Goals and Guidelines. This Chapter is designed to address the impacts of land uses partially through the use of performance standards, and by the division of the City into intensity zones, where different levels of land use intensity may take place. It is also intended to unify the zoning, subdivision, partitioning, and planned development ordinances into one document, and to provide a single application form and process for building permits, grading and erosion control permits, partitionings, subdivisions, planned developments, conditional uses, variances, and zone and plan changes. The official Plan/Zone Designation Map showing the location of plan designations and intensity zones is on file in the Bay City City Hall.

1. Purpose: The purpose of the high intensity area is to provide areas of land in which intensive types of activities can take place. Some of these uses include, but are not limited to, commercial, industrial, higher density residential, intensive commercial recreation, and similar types of activities with heavier impacts.
2. General Zoning Policies:
   1. North High Intensity Area (The Town Center; NHI): It is the intent of this Section to encourage an identifiable town center, in which a variety of primary retail, service, and governmental activities are carried out. It is the area encompassing the post office, City Hall, the Church, grocery stores, cafes and taverns, the main city park, and various shops. Uses allowed and encouraged here are those which are land intensive and do not have large parking needs such as drive-in restaurants.
   2. South High Intensity Area (US Highway 101; SHI): Uses located in this area may be more highway oriented than those allowed in the town center, and similar to those uses established there, such as the service station, highway oriented stores, and light industry. Access onto US 101 shall be limited to public streets other than US 101.
   3. East High Intensity Area (EHI): Additional high intensity uses and greater lot coverages are allowed in this area subject to buffering and screening requirements to separate industrial and residential uses. Performance standards concerning smoke, noise, and glare must be carefully observed in this area.
   4. Uses Allowed: Refer to Section 10.06.025
      
3. High Intensity Zone Standards (for NHI, SHI and EHI Zones)
   1. Maximum Lot Coverage: Refer to Chapter 10.10.005 Zone Development Standard Matrix
   2. Minimum Open Area: Refer to Chapter 10.10.005 Zone Development Standard Matrix
   3. Minimum Landscaped Open Area: Refer to Chapter 10.10.005 Zone Development Standard Matrix
   4. Minimum lot size: Refer to Chapter 10.10.005 Zone Development Standard Matrix.
   5. Minimum Common Open Space: Refer to Chapter 10.10.005 Zone Development Standard Matrix.
   6. Maximum Height: Refer to Chapter 10.10.005 Zone Development Standard Matrix
   
   
   7. Setback Requirements: Refer to Section 10.10.020
   8. Parking Requirements: Refer to Section 10.10.070
   9. Sign Requirements: Refer to Section 10.10.100
   10. Architectural Review: Refer to Section 10.10.060
       

1. Purpose: The purpose of the moderate intensity area is to provide areas of land in which moderately intensive types of activities can take place. These include, but are not limited to, single family and duplex development permitted as an outright use.
2. General Zoning Policies:
   1. Development hazards such as steep slopes, flood hazards, and weak foundation soils are considerations for limiting densities in the applicable areas, and are included in the Hazards Overlay Zone in Chapter 10.07.010.
3. Moderate Intensity Zone Standards:
   1. Maximum Lot Coverage: Refer to Chapter 10.10.005 Zone Development Standard Matrix.
   2. Minimum Open Area: Refer to Chapter 10.10.005 Zone Development Standard Matrix.
   3. Minimum Landscaped Open Area: Refer to Chapter 10.10.005 Zone Development Standard Matrix.
   4. Minimum Lot Size: Refer to Chapter 10.10.005 Zone Development Standard Matrix.
      
   
   
   5. Maximum Height: Refer to Chapter 10.10.005 Zone Development Standard Matrix.
   6. Uses Allowed: Refer to Use Matrix, Section 10.10.005
   7. Setback Requirements: Refer to Section 10.10.020
   8. Parking Requirements: Refer to Section 10.10.070
   9. Sign Requirements: Refer to Section 10.10.100
   10. Architectural Review: Refer to Section 10.10.060
       

1. Purpose: The purpose of the low intensity zone is to encompass those areas with large, undeveloped tracts of land where full city services are not available. The area includes several active farms and forested areas. It is anticipated that these areas may become more intensively developed in the future as the City grows. At present, however, development shall be at a low intensity level, as reflected in the performance standards.
2. General Zoning Policies:
   1. Buffer, screen, access, or traffic generation requirements shall be used to lessen the impact of uses which are potentially incompatible with the rural character of this zone.
   2. Development hazards such as steep slopes, flood hazards, and weak foundation soils are considerations for limiting densities or requiring special construction practices, and are included in the Hazards Overlay Zone, Section 10.07.010.
3. Low Intensity Zone Standards:
   1. Maximum Lot Coverage: Refer to Section 10.10.005 Zone Development Standard Matrix.
   2. Minimum Open Area: Refer to Section 10.10.005 Zone Development Standard Matrix.
   
   
   3. Minimum Lot Size: Refer to Section 10.10.005 Zone Development Standard Matrix.
   
   
   
   4. Minimum Common Open Space: Refer to Section 10.10.005 Zone Development Standard Matrix.
   5. Maximum Height: Refer to Section 10.10.005 Zone Development Standard Matrix.
   6. Uses Allowed: Refer to Allowable Use Matrix, Section 10.06.025
   7. Setback Requirements: Refer to Section 10.10.020
   8. Parking Requirements: Refer to Section 10.10.070
   9. Sign Requirements: Refer to Sections 10.10.100
   10. Architectural Review: Refer to Section 10.10.060
       

1. Purpose: The purpose of the Dredge Material Disposal Site Protection Zone is to protect important dredge material sites from uses or activities that may limit their ultimate use for the deposition of dredge material.
2. Designation of Dredge Material Disposal Sites: The DMD overlay zone shall be designated on Bay City's Land Use and Development Map and shall conform to the dimensions of the site(s) specified in the Tillamook/Nehalem Dredge Material Disposal Plan as being acceptable for dredge material disposal. Subsequent revisions to the Tillamook/Nehalem Dredge Material Disposal Plan shall be duly recorded by ordinance amendment to the Land Use and Development Map.
3. Uses Permitted in a DMD Zone: In a DMD Zone, only those permitted and conditional uses permitted in the underlying zone which are determined not to pre-empt the site's future use for dredged material disposal are allowed.
4. Determination of Pre-Emptive Uses: Incompatible or pre-emptive uses of the dredge material disposal sites are:
   1. Uses requiring substantial structural or capital improvements (e.g. construction of permanent buildings, water and sewer connections).
   2. Uses that require alteration of the topography of the site, thereby affecting the drainage of the area or reducing the potential usable volume of the dredge material disposal site (e.g. extensive site grading or excavation, elevation by placement of fill material other than dredge spoils).
   3. Uses that include changes made to the site that would prevent expeditious use of the site for dredge material disposal. Such uses would delay deposition of dredge material on the site beyond the period of time commonly required to obtain the necessary state and local dredge material disposal permits.
5. Procedure for Review of Uses in the DMD Zone: All uses, including the disposal of dredge material, shall be reviewed as conditional uses.
6. Removal of the DMD Designation: After a DMD site has been filled and is no longer available for dredge material disposal, the DMD designation shall be removed.
   

The following temporary uses and structures may be permitted by the Planning Commission within any district in the City:

1. A real estate office used for the sale of lots of housing within a subdivision or planned development.
2. Temporary housing where there is a valid health reason.
3. Temporary Estuarine or Riparian Alteration
4. Temporary Recreation Vehicle / Travel Trailer
5. Food Cart

1. Purpose: The purpose of the shoreland zones is to identify and regulate uses within the City's shoreland areas in order to implement the Coastal Shoreland Goal and the policies of the Bay City Comprehensive Plan. The shoreland area is divided into three paragraphs or zones, based on their suitability for development or conservation. The uses permitted in each shoreland zone are listed in the Allowable Use Matrix, Section 10.06.020.
2. Review by the Planning Commission: All uses in the Shoreland zones, except single-family structures, accessory uses, manufactured homes and duplexes, are conditional uses.
   The Planning Commission shall review conditional uses by the procedures of Article 10.08 of this Chapter. In addition to the criteria of Article 10.08, the following standards shall be used by the Planning Commission:
3. Shoreland Zone 1 Standards:
   1. Purpose: The purpose of the Shoreland 1 Zone is to provide for uses and activities that are consistent with the area's unique natural values and limited development opportunities.
      1. Minimum Lot Coverage . . . . . . . . . . . . . none
      2. Maximum Open Space . . . . . . . . . . . . . . none
      3. Minimum Landscaped Open Area A minimum of 5% of the total lot area shall be maintained in landscaped open area.
      4. Minimum Lot Size . . . . . . . . . . . . . . . none
      5. Maximum Building Height . . . . . . . . . . 24 feet
      6. Uses Allowed Refer to the Use Matrix, Section 10.06.020
      7. Setback Requirements . . . . . . . . . . . . . none
      8. Parking Requirements Refer to Section 10.10.050
      9. Sign Requirements Refer to Section 10.10.120
      10. Estuary and Shoreland Standards All uses and activities shall satisfy the applicable Estuary and Shoreland Standards in Section 10.08.090.
   2. Additional Standards:
      1. Riparian vegetation adjacent to the Larson Cove estuarine area shall be protected and retained with the following exceptions:
         1. The removal of dead, diseased, or dying trees which pose an erosion or safety hazard.
         2. Vegetation removal necessary to provide direct water access for a water-dependent use.
         3. Vegetation removal necessary to place structural shoreline stabilization when other forms of shoreline stabilization are shown to be inadequate.
      2. Land in this zone shall not be used as part of density calculations for development in adjacent areas.
         

1. Purpose: The purpose of the Shoreland 2 Zone is to manage shoreland areas which are especially suited for water-dependent industrial, commercial, or recreational use. Water-dependent uses have the highest priority, followed by water-related uses. Uses which are not water-dependent or water-related may be allowed when they do not preclude or conflict with existing or probable future water-dependent uses of the site.
2. Water Dependent Zone Standards:
   1. Maximum Lot Coverage . . . . . . . . . . . . none
   2. Minimum Open Space . . . . . . . . . . . . . none
   3. Minimum Landscaped Open Area: A minimum of 5% of the total lot area shall be maintained in landscaped open area.
   4. Minimum Lot Size . . . . . . . . . . . . . . none
   5. Maximum Building Height: A maximum building height of 24 feet.
   6. Uses Allowed: Refer to the Use Matrix, Section 10.06.020
   7. Overall Use Criteria: No use or activity will be allowed in the Shoreland 2 Zone unless it meets one of the following criteria:
      1. It is water-dependent, which means that it is a use or activity which can be carried out only on, in, or adjacent to water areas because the use required access to the water body for water-borne recreation, energy production, or source of water.
      2. It is water-related, which means that it provides goods and/or services that are directly associated with a water-dependent use (supplying materials to, or using products of, or offering commercial or personal service to water-dependent uses); and if not located near the water, would experience a public loss of quality in the goods and services offered (evaluation of public loss of quality shall involve a subjective consideration of economic, social, and environmental consequences of the use).
      3. Uses that are not water-dependent shall be shown not to preclude or conflict with existing or probable future water-dependent use on the site or in the vicinity.
      4. A temporary use which invokes minimal capital investment and no permanent structures, or a use in conjunction with and incidental to a water-dependent use.
   8. Setback Requirements . . . . . . . . . . . . . none
   9. Parking Requirements: Refer to Section 10.10.050
   10. Sign Requirements: Refer to Section 10.10.120
   11. Estuary and Shoreland Standards: All uses and activities shall satisfy the applicable Estuary and Shoreland Standards in Section 10.08.090.
   12. Additional Standards:
       1. Public access to the waterfront shall be provided, except where it is demonstrated to the satisfaction of the Planning Commission that public access is not feasible due to safety, security, or other valid reason.
       2. Riparian Vegetation: All structures and uses shall be set back twenty-five (25) feet from Patterson Creek unless direct water access is required in conjunction with a water-dependent use. The setback shall be measured from the mean higher high water line in estuarine portions and the ordinary high water line for non-estuarine portions of the stream.
          
          Riparian vegetation shall be protected and retained within twenty-five (25) feet of the creek with the following exceptions:
          1. The removal of dead, diseased, or dying trees which pose an erosion or safety hazard.
          2. Vegetation removal necessary to provide direct water access for a water-dependent use.
          3. Vegetation removal necessary to place structural shoreline stabilization when other forms of shoreline stabilization are shown to be inadequate.
             

1. Purpose: Shoreland 3 allows residential uses outright and allows other uses on a conditional use basis, subject to specified performance standards. Performance standards are intended to separate non-compatible uses and, where appropriate, to reduce the overall intensity of use while allowing flexibility in development.
2. Estuary and Shoreland Standards: All uses and activities shall satisfy the applicable Estuary and Shoreland Standards in Section 10.08.090.
3. Additional Standards: Any Grading and Erosion Control Plan shall ensure that development does not adversely impact adjacent and surrounding property, the Tillamook Bay, wetlands, and surrounding Estuary Zones.
4. Maximum Lot Coverage:
   1. Residential Uses . . . . . . . . . . . . . . . . . . . . . . . 40%
   2. Non-residential Uses . . . . . . . . . . . . . . . . . . . 40%
5. Minimum Open Area:
   1. Residential Uses . . . . . . . . . . . . . . . . . . . . . . . 40%
   2. Non-residential Uses . . . . . . . . . . . . . . . . . . . 40%
6. Minimum Landscaped Open Area: A minimum of 10% of the total lot area of a commercial, industrial, or other non-residential use shall be maintained in landscaped open area, located on the street side or in front of a use.
7. Minimum lot area for lots in new subdivisions, partitions and planned developments: 10,000 square feet.
8. Maximum Density of Dwelling Units: The Maximum Density of Dwelling Units is 5,000 square feet for each dwelling unit.
9. Minimum Lot Size for Platted Lots Existing Prior to the Enactment of this Article:
   1. Minimum lot width or depth ………………………… 40 feet
   2. Minimum lot area……………………………………… 5,000 square feet
10. Minimum Common Open Space: Subdivisions and planned developments of six lots or units or more, subdivided or developed within a 12 month period shall devote at least 15% of the net buildable site to common open space. An additional 10% lot coverage of structures or other impervious surfaces is allowed for developments providing the minimum open space requirement.
11. Maximum Height: Maximum building height permitted is 24 feet.
12. Uses Allowed: Refer to Allowable Use Matrix, Section 10.06.020
13. Setback Requirements: Refer to Section 10.10.040
14. Parking Requirements: Refer to Section 10.10.050
15. Sign Requirements: Refer to Section 10.10.120
16. Architectural Review: Refer to Section 10.10.150