Cannon Beach City Zoning Code
ARTICLE I
Introduction and General Provisions
§ 17.02.010 Title.
The ordinance codified in this title is known and may be cited as the "Community Development Ordinance of Cannon Beach, Oregon."
(Ord. 24-05, 6/5/2024)
§ 17.02.020 Purpose.
The purpose of this title is to encourage appropriate and orderly physical development in the city through standards for provision of adequate open space for light and air, desired levels of population density, workable relationships of land uses to the transportation system, adequate community facilities, assurance of opportunities for effective utilization of land, and to promote in other ways public health, safety, convenience, and general welfare.
(Ord. 24-05, 6/5/2024)
§ 17.02.030 Interpretation.
Where the conditions imposed by any provisions of this title are less restrictive than comparable conditions imposed by any other provisions of this title, resolution or comprehensive plan, the provisions which are more restrictive shall govern.
(Ord. 24-05, 6/5/2024)
§ 17.02.040 Severability.
The provisions of this title are severable. If any section, sentence, clause, or phrase of this title is adjudged by a court of competent jurisdiction to be invalid, the decision shall not affect the validity of the remaining portions of this title.
(Ord. 24-05, 6/5/2024)
§ 17.04.010 Definitions of specific terms.
The following words and phrases shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
means the way or means by which pedestrians and vehicles enter and leave the property.
means a public or private way, no more than 20 feet in width, which is used primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.
means a change in construction or a change of occupancy. Where the term “alteration” is applied to a change of construction, it is intended to apply to any change, addition, or modification in construction. When the term is used in connection with a change of occupancy, it is intended to apply to changes of occupancy from one trade or use to another or from one division of trade or use to another.
means a change or repair which would tend to prolong the life of the supporting members of a building or structure, such as alteration of bearing walls, foundation, columns, beams, or girders. In addition, any change to the external dimensions of the building shall be considered a structural extension.
means dredging, filling, or another estuarine alteration occurring over a specified short period of time which is needed to facilitate a use allowed by an acknowledged plan. Temporary alterations may not be for more than three years, and the affected area must be restored to its previous condition. Temporary alterations include:
means any mechanical, electronic, mechanical-electronic or non-mechanical mechanism which is designed for the amusement of players or operators and is complete in itself having as its purpose the production or creation of a game of skill, amusement, entertainment or test of strength, including, but not limited to, video games of any types, shuffleboard, coin-operated devices utilizing tables, boards or cases of any size whatever, balls, sticks, cues, pegs or marbles, and whether or not any motivating force involved is furnished by the player or device.
means that portion of a building which is partially or completely below grade, but not including a crawl space.
means gently sloping areas of loose material (e.g., sand, gravel, cobbles) that extend landward from the low water line (extreme low tide) to a point where there is a definite change in the material type or landform or to the line of year-round established vegetation. In most cases, the line of vegetation is followed by the Oregon Beach Coordinate or zone line, as defined by ORS 390.770. Where the vegetation line is eastward or landward of the coordinate line, the eastward line of the beach shall be the actual line of vegetation.
means the portion of a bridge spanning a waterway or wetlands, not including supporting structures or fill.
means piers, pilings, and similar structures necessary to support a bridge span but not including fill for causeways or approaches.
means a structure built for the support, shelter or enclosure of persons, animals, or property of any kind.
means the portion of the lot area that is covered by buildings. The area of the buildings shall be measured at their exterior perimeter. Buildings include dwellings, accessory structures, garages, and carports.
means a delineated portion of a lot or parcel within which the entire building(s) and associated improvements must be constructed.
means the vertical distance measured from the average elevation of existing grade to the highest point of the roof surface of a flat roof, to the top of a mansard roof, or to the mean height level between the eaves and the ridge for a pitched roof. Average elevation of existing grade shall be measured at the vertical projection of the enclosed building space.
means a horizontal line that coincides with the front side of the main building.
means cubic volume of building.
means a vertical wall of steel, timber, or concrete piling.
means the city council of the city of Cannon Beach.
means the city of Cannon Beach, a municipal corporation of the state of Oregon, situated in Clatsop County.
means any activity that removes vegetative cover.
means the creation, restoration, or enhancement of a wetland area to maintain the functional characteristics and processes of the wetland system, such as its natural biological productivity, habitats, aesthetic qualities, species diversity, open space, unique features and water quality.
means a calendar day, unless otherwise specified.
means an interdune area which is wind scoured to the height of the summer water table.
means the number of dwelling units per unit of land expressed as the number of square feet of land per dwelling unit. The net density for any lot is computed by dividing the net square footage of the parcel by the number of dwelling units. The net square footage is determined by subtracting from the total square footage of the parcel that which is deemed necessary for street dedication and that area used for private streets and common driveways, if any.
is a structure designed and built to prevent inundation of a parcel of land by water.
means a pier or secured float or floats for boat tie-up or other water use, often associated with a specific land use on the adjacent shoreland.
means the removal of sediment or other material from a stream, river, estuary, or other aquatic area for the purpose of deepening a navigational channel or other purposes.
means a hill or ridge of sand built up by wind along sandy coasts.
means a dune that migrates, grows, and diminishes from the force of wind and supply of sand. Active dunes include all open sand dunes, active hummocks and active foredunes.
means a dune presently in a stable condition, but vulnerable to becoming active due to fragile vegetative cover.
means grading that is undertaken on an active dune to protect existing improvements from the effects of wind-borne sand. The grading is intended to remedy the effect of sand inundation that has already occurred.
means a dune that is stable from wind erosion and that has significant soil development and that may include diverse forest cover. May include older foredunes.
means a collective term for active, unvegetated dune landforms.
means a dune with sufficient vegetation to be stabilized from wind erosion, but with little, if any, development of soil or cohesion of sand under the vegetation. Recently stabilized dunes include conditionally stable foredunes, conditionally stable dunes, dune complexes, and younger stabilized dunes.
means a wind stable dune with weakly developed soils and vegetation.
means a room or group of rooms including living, cooking, and sanitation facilities designed for occupancy by one or more persons living as a household unit with a common interior access to all living, kitchen, and bathroom areas. No dwelling unit shall have more than one kitchen.
means recorded authorization by a property owner for the use by another and for a specified purpose of any designated part of his or her property.
means an action which results in a long-term improvement of existing estuarine functional characteristics and processes that is not the result of a restoration action or the creation of additional estuarine habitat.
means the placement by man of sediments or other material in an aquatic area to create new shorelands or on shorelands to raise the elevation of the land.
means the removal of earth material.
means an individual or two or more persons living together as one housekeeping unit and using one kitchen.
means a protective or confining barrier constructed of wood, masonry, or wire mesh. Fence does not include hedges or other plantings.
means the deposit of earth material placed by artificial means.
The following words and phrases shall be interpreted to give them the meanings they have in common usage and to give this title its most reasonable application. For the administration of the flood hazard overlay zone the following definitions shall be utilized:
"Appeal" means a request for a review of the interpretation of any provision of this chapter or a request for a variance. | |
"Area of shallow flooding" means a designated AO or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depth range is from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. | |
"Area of special flood hazard" means the land in the flood plain subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letter A or V. | |
"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the "100-year flood." Designation on maps always includes the letters A or V. | |
"Basement" means any area of the building having its floor subgrade (below ground level) on all sides. | |
"Below grade crawl space" means an enclosed area below the base flood elevation in which the interior grade is not more than two feet below the lowest adjacent exterior grade and the height, measured from the interior grade of the crawlspace to the top of the crawlspace foundation, does not exceed four feet at any point. | |
"Breakaway walls" means a wall that is not a part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. | |
"Coastal high-hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as Zone V1-V30, VE or V. | |
"Critical facility" means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use, or store hazardous materials or hazardous waste. | |
"Development" means any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations or storage of equipment or materials located within the area of special flood hazard. | |
"Elevated building" means for insurance purposes, a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns. | |
"Existing manufactured home park or subdivision" means one in which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed is completed before the effective date of Cannon Beach's floodplain management regulations (1978). The "construction of facilities" includes, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads. | |
"Expansion of an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). | |
"Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: | |
1. | The overflow of inland or tidal waters; and/or |
2. | The unusual and rapid accumulation of runoff of surface waters from any source. |
"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Insurance Administrator has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. | |
"Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary-floodway map and the water surface elevation of the base flood. | |
"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. | |
"Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of Chapter 17.98. | |
"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." | |
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. | |
"Mean sea level (MSL)" means the average height of the sea for all stages of the tide. | |
"New construction" means the structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in this section. | |
"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations. | |
"Recreation vehicle, highway ready" means a recreation vehicle that is on wheels or a jacking system, is attached to the site only by quick-disconnect-type utilities and security devices and has no permanently attached additions. | |
"Recreational vehicle" means a vehicle which is: (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projection; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. | |
"Reinforced pier" must, at a minimum, have a footing adequate to support the weight of the manufactured home under saturated soil conditions. Concrete blocks may be used if vertical steel reinforcing rods are replaced in the hollows of the blocks and the hollows filled with concrete or high-strength mortar. Dry stacked concrete blocks do not constitute reinforced piers. | |
"Special flood hazard area (SFHA)" means areas subject to inundation from the waters of a 100-year flood. | |
"Start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, rehabilitation, addition, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of a building. | |
"Structure" means a walled and roofed building, a modular or temporary building, or a gas or liquid storage tank that is principally above ground. | |
"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of its market value before the damage occurred. | |
"Substantial improvement" means any reconstruction, rehabilitation, addition, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: | |
1. | Before the improvement or repair is started; or |
2. | If the structure has been damaged and is being restored, before the damage occurred. |
For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: | |
a. | Any project for improvements of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or |
b. | Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places provided that the alteration will not preclude the structure's continued designation as a "historic structure." |
"Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. | |
"Water dependent" means a structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. | |
means the gross floor area divided by the lot area and is usually expressed as a decimal fraction.
means an unstable barrier ridge of sand paralleling the beach and subject to wind erosion, water erosion and growth from new sand deposits. Active foredunes may include areas with beach grass and occur in sandspits and at river mouths as well as elsewhere.
means the alteration of the crest of an active foredune or a conditionally stable foredune where the alteration is not undertaken as part of a foredune grading plan, or as maintenance foredune grading.
means an active foredune that has ceased growing in height and that has become conditionally stable with regard to wind erosion.
means the alteration of active dunes in a manner that changes their shape or height. Foredune grading is intended to be preventive and is undertaken primarily for preservation of the dune system.
means the limited alteration of active dunes that have previously been altered pursuant to an approved foredune grading plan.
means a conditionally stable foredune that has become wind stabilized by diverse vegetation and soil development.
means property abutting on a street.
means the average elevation of the existing ground elevation before construction at the corner of all walls of a building. Where a building has more than four corners, the average elevation shall be measured from the four corners of a square or rectangle that encloses the foundation of the proposed structure.
means excavation or fill, or any combination thereof, including the conditions resulting from any excavation or fill.
means the use of land for pasture of horses, cattle, sheep, goats, and/or other domestic herbivorous animals, alone or in conjunction with agricultural pursuits.
means the sum, in square feet, of the gross horizontal areas of all floors of a building, as measured from the exterior walls of a building, including supporting columns and unsupported wall projections (except eaves, uncovered balconies, fireplaces and similar architectural features), or if appropriate, from the center line of a dividing wall between buildings. Gross floor area shall include:
Garages and carports.
Entirely closed porches.
Basement or attic areas determined to be habitable by the city's building official, based on the definitions in the building code.
Unhabitable basements areas where the finished floor level of the first floor above the basement is more than three feet above the average existing grade around the perimeter of the building's foundation.
In addition, the calculation of gross floor area shall include all portions of the floor area of a story where the distance between the finished floor and the average of the top of the framed walls that support the roof system measures more than 15 feet shall be counted as 200 percent of that floor area. |
means any combination of nonannual plantings intended to form an obstruction to ingress and egress, and vision, such planting providing no physical or visual space between individual plantings and where branches or foliage of one planting physically contact adjacent plantings.
means the cultivation of plants, garden crops, tree and/or nursery stock.
means the area from the toe of the slope of the lee side of a foredune to the foreslope of the next dune landward. Interdune areas include deflation plains.
means a room, or portion of a room which is designed, intended, or used for food preparation or cooking.
means an amendment to this title or the comprehensive plan or a land use decision that applies to a large number of individuals or properties.
means a plot, parcel, or tract of land.
means a lot abutting on two streets, other than an alley, at their intersections.
means a lot that abuts only one street, other than an alley.
means a lot abutting two or more streets, other than an alley, that is not a corner lot.
means a lot which abuts the Oregon Coordinate Line or a lot where there is no buildable lot between it and the Oregon Coordinate Line.
means the total area of a lot measured in a horizontal plane within the lot boundary lines exclusive of public and private roads, except that the measurement of lot area shall not include portions of a lot located west of the Oregon Coordinate Line.
means the portion of the lot area that is covered with the following improvements:
1. | The area within the exterior perimeter of all buildings, including dwellings, accessory buildings, garages, and carports; and |
2. | The area of all structures that are 30 inches in height above the existing grade, including porches, decks, stairways; and |
3. | Paved or graveled areas designated for off-street parking; and |
4. | That portion of the area of decks, less than 30 inches in height above the existing grade, patios, courtyards, and graveled and paved areas, other than designated off-street parking, which exceeds 25 percent of the allowable lot coverage; and |
5. | Fifty percent of areas covered with a defined pattern of void spaces to accommodate soil, live vegetation, and drainage between the structural elements, such as Grasscrete or similar treatments. |
Lot coverage is expressed as the percentage of the lot area that is covered by the site improvements listed above. | |
The following improvements shall not be included in the calculation of lot coverage: | |
1. | Projections from buildings such as eaves, overhangs and bay windows which meet the requirements of Section 17.60.080, Projections into required yards; |
2. | Arbors not exceeding 120 square feet in area; and |
3. | Decks, less than 30 inches in height above the existing grade, patios, courtyards and graveled and paved areas, other than designated off street parking, whose total area does not exceed 25 percent of the allowable lot coverage. |
Example: The lot size is 5,000 square feet. The allowable lot coverage is 50 percent, or 2,500 square feet. The proposed site improvements are: a house with an area within its exterior perimeter of 1,500 square feet; a graveled parking area of 400 square feet; and decks, less than 30 inches above grade with an area of 1,000 square feet. The deck area that is included as part of the lot coverage is determined as follows: total deck area less that portion which does not exceed 25 percent of the allowable lot coverage of 2,500 square feet or, 1,000 625 (.25 x 2,500) = 375 square feet. The lot coverage of the proposed development is site improvements (1,500 + 400 + 375) divided by lot area (5,000) or 45.5 percent. | |
means the average horizontal distance between the front lot line and the rear lot line, where the average horizontal distance is established by utilizing ten-foot increments.
means the property line abounding a lot.
means the relocation of a common property line between two abutting properties.
means in the case of an interior lot, the lot line separating the lot from the street, other than an alley. In the case of a corner lot or through lot, the front lot line is the shortest line along a street, other than an alley. Where a lot does not abut a street, the lot line first crossed when gaining vehicular access to the lot from a street is the front lot line.
means a lot line opposite and most distant from the front lot line; and for an irregular or triangular shaped lot, a straight line 10 feet in length, within the lot, that is parallel to and at the maximum distance from the front lot line.
means, for interior lots, a line separating one lot from the abutting lot or lots fronting on the same street; for corner lots or through lots, a line other than the front lot line separating the lot from the street or a line separating the lot from an abutting lot.
means the average horizontal distance between the side lot lines, as measured parallel to the front lot line, where the average horizontal distance is established by utilizing 10-foot increments.
means a diagram, drawing or other writing concerning a subdivision or partition.
means the creation, restoration, or enhancement of an estuarine area to maintain the functional characteristics and processes of the estuary, such as its natural biological productivity, habitats and species diversity, unique features, and water quality. (ORS 541.626).
means the process of controlling erosion or accretion by planting or propagating stabilizing vegetation and/or the temporary placement of sand fences.
means the flooding of lowland areas by salt water owing to tidal action, storm surge or tsunamis (seismic sea waves). Landforms subject to ocean flooding include beaches, marshes, coastal lowlands and low lying interdune areas. Areas of ocean flooding are mapped by the Federal Emergency Management Agency (FEMA). Ocean flooding includes areas of velocity flooding and associated shallow marine flooding.
means Oregon Revised Statutes (state law).
means any individual, firm, association, syndicate, copartnership, corporation, trust, or any other legal entity having sufficient proprietary interest in a property.
means a single unit of land that is created by a partitioning of land.
means either an act of partitioning land or an area or tract of land partitioned as defined in this section.
means to divide land into two or three parcels of land within a calendar year when such an area or tract exists as a unit or contiguous units of land under single ownership at the beginning of the year, but does not include:
A division of land resulting from a lien foreclosure, foreclosure of a recorded contract for the sale of real property of the creation of cemetery lots;
An adjustment of a property line by the relocation of a common boundary where an additional unit of land is not created and where the existing unit of land reduced in size by the adjustment complies with any applicable zoning ordinance requirements;
The division of land resulting from the recording of a subdivision or condominium plat; or
A sale or grant by a person to a public agency or public body for state highway, county road, city street or other right-of-way purposes; provided, that such road or right-of-way complies with the applicable comprehensive plan requirements and ORS 215.213(2)(p) to (r) and 215.283(2)(p) to (r). However, any property divided by the sale or grant of property for state highway, county road, city street or other right-of-way purposes shall continue to be considered a single unit of land until such time as the property is further subdivided or partitioned.
means a final map and other writing containing all the descriptions, locations, specifications, provisions, and information concerning a partition.
means discretionary approval of a proposed development of land under ORS 227.215.
means any individual, firm, partnership, association, cooperative, social, or fraternal organization, corporation, limited liability company, estate, trustee, receiver, syndicate, governmental unit or any other group or combination acting as a unit.
means the driving of wood, concrete, or steel piling into the bottom in aquatic areas to support piers or docks, structures, moored floating structures, or other purposes.
means the planning commission of the city of Cannon Beach.
means a final subdivision plat, replat or partition plat.
means either:
Containers no larger in dimension than eight feet by eight feet six inches by 20 feet and transported to a designated location for storage purposes (typically known as PODS, MODS, ect.).
Non self-propelled, fully enclosed trailers that are designed or used to transport goods, materials and equipment (semi-trailers).
"Portable storage container" does not include containers designed or used for the collection and hauling of waste or debris, including, but not limited to, roll-off containers or boxes and bin containers (dumpsters) |
means the division line between two units of land.
means areas in the wetlands overlay zone that have been identified on the city's inventory or on a subsequent detailed delineation as critical wetlands.
means a substantial public benefit which accrues to the community as a whole.
means any land use action which involves the application of adopted comprehensive plan policies of this title to a specific land use application effecting identified parcels of land or property owners.
means the clearing, grading, excavation, or filling of land. (from Section 17.112.020)
means a facility or site that accepts and reloads only yard debris for transport to another location.
means the act of platting the lots, parcels and easements in a recorded subdivision or partition plat to achieve a reconfiguration of the existing subdivision or partition plat or to increase or decrease the number of lots in the subdivision.
means a use or activity which is consistent with the resource capabilities of the area when either the impacts of the use on estuarine species, habitats, biological productivity and water quality are not significant or that the resources of the area are able to assimilate the use and activity and their effects and continue to function in a manner which conserves long term renewable resources, natural biological productivity, recreation and aesthetic values.
means revitalizing, returning, or replacing original attributes and amenities, such as natural biological productivity, aesthetic, and cultural resources, which have been diminished or lost by past alterations, activities, or catastrophic events.
means and involves the use of specific positive remedial actions, such as removing fills, installing water treatment facilities, or rebuilding deteriorated urban waterfront areas.
means to revitalize or reestablish functional characteristics and processes of the estuary diminished or lost by past alterations, activities, or catastrophic events. A restored area must be a shallow subtidal or an intertidal or tidal marsh area after alteration work is performed and may not have been a functioning part of the estuarine system when alteration work began.
is the use of natural processes, sequences and timing which occurs after the removal or reduction of adverse stresses without other specific positive remedial action.
means of, or pertaining to, or situated on the edge of the bank of a river or other body of water.
means grasses, shrubs and trees growing along the shoreline adjacent to an aquatic area or a wetland.
is a layer, facing or protective mound of stones placed to prevent erosion, scour or sloughing of a structure or embankment; also, the stone so used.
means every disposition or transfer of land in a subdivision or partition or an interest or estate therein.
means the relationship in size between one building and another.
means the depositing of solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, or gravity. (from Section 17.112.040).
means the protection of the banks of tidal or inter-tidal streams, rivers, estuarine waters, and the oceanfront by vegetative or structural means.
The following definitions pertain to signs:
"Abandoned sign" means a sign pertaining to a use or lot where the message of the sign no longer pertains to a use or activity occurring on the lot. |
"Awning sign" means a sign that is placed on a temporary or movable shelter supported entirely from the exterior wall of a building. |
"Bench sign" means a sign painted on or attached to a bench. |
"Building frontage" means an exterior building wall facing a street, parking lot, or pedestrian walkway. |
"Business frontage" means the lineal frontage of a building or portion thereof devoted to a specific business and having an entrance open to the general public. |
"Corner sign" means a sign that is placed on a lot so as to be visible from two public streets. |
"Freestanding sign" means a sign on a frame, pole or other support structure, which is not attached to any building or permanent structure. |
"Incidental sign" means a sign, other than a temporary or lawn sign, which does not require a permit. |
"Lawn sign" means a temporary freestanding sign made of rigid materials. |
"Permanent sign" means a sign attached to a building, structure or the ground in some manner, having a sign face area of four square feet or more and made of materials intended for more than short-term use. |
"Projecting sign" means a sign attached to and projecting out from a building face or wall and generally at right angles to the building. |
"Readerboard sign" means a sign which can accommodate changeable copy. |
"Sandwich board sign" means a sign not supported by a structure in the ground, nor attached to or erected against a structure, and capable of being moved. |
"Sign" means any identification, description, illustration, symbol, or device which is affixed upon a building, structure or land and whose primary purpose is to convey a message. |
"Site frontage" means the length of the property line parallel to and along each public right-of-way. |
"Temporary sign" means a sign, such as a banner, not permanently attached to a building, structure or the ground and posted for no longer than 72 hours, without a special events permit, or authorized under an approved sign permit. |
"Undeveloped site" means a lot with no permanent structure which contains a use permitted by the zone in which it is located. |
"Wall graphic" means a painting or other graphic art technique which is applied directly to the wall or face of a building or structure. |
"Wall sign" means a sign attached to or erected against the wall of a building with the sign face in a parallel plane of the building wall. |
"Window sign" means a sign permanently painted on, etched on or affixed to the window pane of a building. |
means the exposure of a building to the sun which enables such a building to obtain south-facing surface area exposure, in excess of 50 percent on the date of the winter solstice, adequate for solar space heating or water heating purposes.
means plants that are able to withstand accretion of sand typically occurring in an active or conditionally stable dune area. Examples are: European beachgrass (Ammophila arenaria), American dunegrass/Sea lyme grass (elymus mollis), American beachgrass (Ammophila breviligulata), and Coast willow (Salix hookeriana).
means a body of running water flowing perennially or intermittently in a channel on or below the surface of the ground. Streams do not include ditches of storm drainage channels that are located in a street right-of-way.
"Cul-de-sac" means a street having one end open to traffic and being terminated by a vehicle turn-around. |
"Dead-end street" means a street with only one outlet. |
"Right-of-way" means the area between boundary lines of a street. |
"Roadway" means the portion of a street right-of-way developed for vehicular traffic. |
"Street" means a public or private way that is created to provide ingress or egress for persons to one or more lots, parcels, areas, or tracts of land. A street includes the entire width between the right-of-way lines of every way for vehicular and pedestrian traffic and includes the terms "road," "highway," "lane," "place," "avenue," "alley" and other similar designations. |
"Street width" means the shortest distance between the lines delineating the right-of-way of the street. |
means any man-made assemblage of materials extending above the surface of the ground and permanently affixed or attached, or where not permanently affixed or attached to the ground not readily portable, but not including landscape improvements such as rock walls, retaining walls less than four feet in height, flag poles, and other minor incidential improvements similar to those described above.
means to divide land into four or more lots within a calendar year when such area or tract of land exists as a unit or contiguous units of land under a single ownership at the beginning of such year.
means an individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.
means either an act of subdividing land or an area or a tract of land subdivided as defined in this section.
means a final map or other writing containing all the descriptions, locations, specifications, dedications, provisions, and information concerning a subdivision.
"Dead tree" means that the tree is lifeless. |
"Diameter at breast height," abbreviated "DBH," is the measure of the diameter of a tree measured four and one-half feet above the ground level. |
"Immediate danger of collapse" means that the tree is already leaning, with the surrounding soil heaving, and there is a significant likelihood that the tree will topple or otherwise fail and cause damage before a tree removal permit can be obtained. "Immediate danger of collapse" does not include hazardous conditions that can be alleviated by pruning or treatment. |
"Solar energy system" means either: (1) a device employed in the collection of solar radiation for the purpose of heating or cooling a building, the heating of water, or the generation of electricity; or (2) the south facing windows of a dwelling where such windows constitute 50 percent or more of the building's total window area; or (3) the roof of a dwelling which has been designed for the collection of solar energy for space heating purposes. |
"Tree" is defined as any woody plant having at least one well-defined stem at least six inches in diameter measured at a height of four and one-half feet above the natural grade. All tree measures specified in this chapter shall be measured at a height of four and one-half feet above the natural grade. (from 17.70.012) |
"Tree" means any woody plant having at least one well-defined stem at least six inches in diameter measured at a height of four and one-half feet above the natural grade. |
"Tree protection zone (TPZ)" is defined as a circle whose center is the center of the subject tree, and whose radius is two feet for each inch of trunk diameter measured at four and one-half feet above grade (example: the TPZ for an eight-inch caliper tree DBH would be 16 feet). |
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"Tree removal" means the cutting down of a live tree or an act which causes a tree to die within a period of two years, including, but not limited to, damage inflicted upon the root system by machinery, storage of materials, and soil compaction; changing the natural grade above the root system or around the trunk; damage inflicted on the tree permitting infection or pest infestation; excessive pruning; paving with concrete, asphalt or other impervious material within such proximity as to be harmful to the tree. |
"Tree topping" is defined as the severe cutting back of limbs to stubs within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. |
"Undeveloped site" means a lot with no permanent structure such as a dwelling or commercial building. |
means the purpose for which land or a structure is designed, arranged or intended, or for which it is occupied or maintained.
means a single, one direction vehicle movement to a particular destination.
means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
means a nonwetland area in the wetlands overlay zone surrounding the protected wetlands.
means a site-specific determination of the boundary between uplands and wetlands for a given parcel of land based on field indicators of vegetation, soils, and hydrology. The delineation is to be undertaken in accordance with a method acceptable to the US Army Corps of Engineers and the Oregon Division of State Lands.
means an open space on a lot which is unobstructed from the ground upward except as otherwise provided in this title.
means a yard between side lot lines and measured horizontally at right angles to the front lot line to the nearest point of the building. For all lots abutting the ocean shore, the required yard shall be measured from the most easterly of either the lot line, or the vegetation line as established and described according to the Oregon Coordinate System.
means a yard measured horizontally at right angles from the most easterly of Oregon Coordinate Line or the western property line, to the nearest point of a building. An ocean yard may be a front yard, a rear yard, or a side yard.
means a yard between side lot lines and measured horizontally at right angles to the rear lot line from the rear lot line to the nearest point of a building. For all lots abutting the ocean shore, the required yard shall be measured from the most easterly of either the lot line or the vegetation line as established and described according to the Oregon Coordinate System.
means a yard between the front and rear yard measured horizontally and at right angles from the side lot line to the nearest point of the building. For all lots abutting the ocean shore, the required yard shall be measured from the most easterly of either the lot line, or the vegetation line as established and described according to the Oregon Coordinate System.
means a yard adjacent to a street between the front yard and the rear lot line measured horizontally and at right angles from the side lot line to the nearest point of the building.
(Ord. 24-05, 6/5/2024)
§ 17.04.020 Definitions of land use types.
means an attached or detached dwelling unit which is located on the same lot on which a single-family dwelling, modular dwelling or manufactured dwelling is located (the primary residence) and which is rented only for periods of 30 days or more.
means a structure or use incidental and subordinate to the main use of property and located on the same lot as the main use.
means a facility where care is provided to adults for part of the 24 hours of the day in the home of the person providing the care.
means any business location at which more than four amusement devices are located.
means the raising, feeding, planting, and harvesting of fish and shellfish, and associated facilities necessary for that use.
means a building designed for occupancy by elderly or disabled persons living independently of each other and where the facility provides certain defined services on a 24-hour basis. These services can include: meals, housekeeping, scheduled activities, transportation, personal care, and nursing care. A bedroom is the equivalent of a unit for the purpose of calculating the number of assisted living units.
is an owner occupied dwelling where no more than two rooms are available for transient lodging.
means a building where lodging with or without meals is provided for compensation for not less than three nor more than 15 persons in addition to members of the family occupying such building.
means any commercial or noncommercial activity, service or institution or governmental unit.
means an area of land developed without hook-up facilities for recreational use in temporary occupancy by tents or recreational vehicles.
means a residential development which has the following characteristics:
House sites or structures which are grouped closer together than the standards of the zoning district;
The portion of the site not developed for housing is retained as a tract of open space which is precluded from fixture development; and
The total number of dwelling units provided does not exceed the site's net acreage (gross site area minus the area of streets) divided by the minimum lot size of the zoning district.
means a tract of land gardened by a group of individuals for the purpose of cultivating plants, such as vegetables, flowers, and herbs, for their personal use or donation.
means a multiple family dwelling, duplex, or single unit, in which the dwelling units are individually owned, with each owner having a recordable deed enabling the unit to be sold, mortgaged, or exchanged independently, under the provisions of Oregon Revised Statutes.
means a small business activity which may involve the provision of services or manufacture and sale of products, is carried on by a member of the family living on the premises with no more than one other person employed by the family member and is not detrimental to the overall character of the neighborhood.
means a facility other than the residence of the day care provider, which receives three or more children for a part of the 24 hours of the day for the purpose of providing care and board apart from the children's parents or guardians.
means a building or portion thereof, designed for occupancy by three or more families living independently of each other.
means a building, or buildings, containing two dwelling units with or without a common wall or ceiling and where there are no direct interior connecting doorways.
means a dwelling that is the residence of the person that is the owner of the lot on which the dwelling is located, as indicated by the records of the county assessor. Residence is defined to mean the place where a person resides a majority of the time during a year.
means an individually owned single-family attached dwelling, such as a townhouse.
means a detached building, other than a manufactured home or modular home, containing one dwelling unit and not including timeshare ownership of that dwelling unit.
means active sports uses covered by a structure to provide year-round activity, including swimming pools, tennis and handball courts and racquetball courts, and no others.
means a day care facility where care is provided in the home of the provider to fewer than 13 children including children of the provider, regardless of full- or part-time status.
means a restaurant required by contractual or other arrangements to offer standardized menus, ingredients, food preparation, interior or exterior design, or uniforms.
means a residential type building that contains sleeping rooms for unrelated individuals, but not including a residential facility or residential home.
means a structure of no more than 450 square feet of site area used in conjunction with the main building for temporary housing of non-paying visitors and guests and containing no cooking facilities.
means a business which is carried out in a dwelling unit as an accessory use to that dwelling unit.
means any lot or premises on which four or more dogs, more than four months of age, are kept.
means an amendment to this title or the comprehensive plan or a land use decision that applies to a large number of individuals or properties.
means an establishment engaged in the on-site production, processing, assembling, and packaging of finished products by manufacturing methods, which involve only the use of hand tools or light mechanical equipment and where all operations are conducted entirely within an enclosed structure and whose operations impose a negligible impact on the surrounding environment as measured in terms of noise, vibration, smoke, dust, or pollutants.
means:
A residential trailer, a structure constructed for movement on the public highways, that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, is being used for residential purposes and was constructed before January 1, 1962;
A mobile house, a structure constructed for movement on the public highways, that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, is being used for residential purposes and was constructed between January 1, 1962 and June 16, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction;
A manufactured home, a structure constructed for movement on the public highways, that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, is being used for residential purposes and was constructed in accordance with federal manufactured housing construction and safety standards regulations in effect at the time of construction.
"Manufactured dwelling" does not mean any building or structure subject to the Structural Specialty Code adopted pursuant to ORS 455.100-455.450. |
means any place where four or more manufactured dwellings are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee paid or to be paid for the rental or use of facilities or to offer space free in connection with securing the trade or patronage of such person. "Manufactured dwelling park" does not include a lot or lots located within a subdivision being rented or leased for occupancy by no more than one manufactured dwelling per lot if the subdivision was approved by the city.
means a dwelling unit manufactured off-site, built to be used for permanent residential occupancy, to be set on a permanent foundation and conforming to the State of Oregon, 1990 Edition, One and Two Family Dwelling Code.
means a structure or part of a structure, containing motel rental units, occupied, or designed for occupancy by transients for lodging or sleeping and including the terms "hotel" and "inn," but shall not include the term "bed and breakfast establishment" or the transient occupancy of a dwelling unit regulated by this chapter.
means one bathroom and not more than three bedrooms. A "bathroom" is defined as consisting, at a minimum, of a toilet.
means premises where services such as clerical, professional, or medical are provided.
means the sale or display for sale of merchandise or services outside of an enclosed building space; including sales which are transacted through an open window. The term "merchandise" does not include benches and other types of seating which are provided for the convenience of the general public.
means a vehicle built on a single chassis, mounted on wheels, designed to provide seasonal or temporary living quarters which may be connected to utilities for operation of installed fixtures and appliances, and of such a construction as to permit setup by persons without special skills using hand tools which may include lifting, pulling and supporting devices and a gross trailer area not exceeding 400 square feet when in the setup mode. Such a vehicle shall be referred to and identified by the manufacturer or converter as a recreational vehicle.
means an area designed for the off-street parking of vehicles where an hourly or daily fee is charged for the use of the parking spaces and where those parking spaces are not provided to satisfy off-street parking requirements of a permitted or conditional use. A private parking lot does not include an area designed for the off-street parking of vehicles where those parking spaces are made available through monthly or yearly lease arrangements.
means a land use action which involves the application of adopted comprehensive plan policies and the provisions of this title to a specific land use application effecting identified parcels of land or property owners.
means a vacation trailer or other unit with or without motive power which is designed for human occupancy and to be used temporarily for recreational or emergency purposes and has a gross floor space of less than 400 square feet. "Recreational vehicle" includes camping trailers, camping vehicles, motor homes, park trailers, bus conversions, van conversion, tent trailers, travel trailers, truck campers, and any vehicle converted for use as a recreational vehicle. The unit shall be identified as a recreational vehicle by the manufacturer.
means an area licensed by the state for the parking of recreational vehicles.
means a facility or site where separated recyclable materials are collected for transport to another location. The term "recyclable materials" does not include materials used to produce compost, such as yard debris.
means a facility licensed by or under the authority of the Department of Human Resources under ORS 443.400 to 443.460 which provides residential care alone or in conjunction with training or treatment or a combination thereof for six to 15 individuals who need not be related. Staff persons required to meet Department of Human Resources licensing requirements need not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential facility.
means a home licensed by or under the authority of the Department of Human Resources under ORS 443.400 to 443.825 which provides residential care alone or in conjunction with training or treatment or a combination thereof for five or fewer individuals who need not be related. Staff persons required to meet Department of Human Resources licensing requirements shall not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential home.
means premises in which goods or commodities are sold, rented, or leased directly to the final consumer.
"Five-year unlimited permit" allows the property owner to rent the property any and all days of the year. This permit expires and cannot be renewed at the end of five years. The five-year period begins on the date that the permit is issued. |
"Fourteen-day permit" allows the property owner to rent the property to one tenancy group once in a 14-day period of time. |
"Lifetime unlimited permit" allows the property owner to rent the property any and all days of the year. Upon the sale or transfer (see definition in this section), the lifetime unlimited permit is void. |
"Persons," for the purposes of this chapter, means the natural person or legal entity that owns and holds legal and/or equitable title to the property. If the owner is a natural person, or where the natural person has transferred his or her property to a trust where the natural person is the trust or, that person can have an ownership right, title, or interest in no more than one dwelling unit that has a rental permit. If the owner is a business entity such as a partnership, a corporation, a limited liability company, a limited partnership, a limited liability partnership or similar entity, any person who owns an interest in that business entity shall be considered an owner and such a person can have an ownership right, title, or interest in no more than one dwelling unit that has a rental permit. |
"Professional management," for purposes of this chapter, means management of a short-term rental unit by a licensed property management company holding a Cannon Beach business license, engaged primarily in the business of managing rental property, and with a physical office in Cannon Beach or within the distances specified in Section 17.84.070(A). |
"Sale or transfer," for purposes of this chapter, means any change of ownership during the lifetime of the permit holder or after the death of the permit holder whether there is consideration or not except a change in ownership where title is held in survivorship with a spouse, or transfers on the owner's death to a trust which benefits only a spouse for the spouse's lifetime, or lifetime transfers between spouses. A permit holder may transfer ownership of the real property to a trustee, a limited liability company, a corporation, a partnership, a limited partnership, a limited liability partnership, or other similar entity and not be subject to permit revocation pursuant to this section so long as the transfer or lives and remains the only owner of the entity. Upon the transferor's death or the sale or transfer of his or her interest in the entity to another person, the short-term rental permit held, in all or part, by the transferor shall be void. |
means a condominium in which units are individually owned by a family or group of persons for a variable amount of time during the year, and in which part or all of the units may be available to transients for rent or on an exchange basis. For the purposes of this title, timeshare condominium or unit shall be considered a motel.
means a person who travels from place to place, either carrying his or her goods with him or her, selling and delivering at the same time, or not carrying his goods but taking orders for future delivery. Transient merchant includes those who occupy a temporary fixed location, selling and delivering from stock on hand, doing business in much the same manner as a permanent business, with the principal difference being the temporary nature of the business location.
means the use of a dwelling unit by any person or group of persons who occupies or is entitled to occupy a dwelling unit for remuneration for a period of less than 14 days, counting portions of days as full days. "Remuneration" means compensation, money, rent or other bargained for consideration given in return for occupancy, possession, or use of real property.
means the use of a dwelling unit by any person or group of persons who occupies or is entitled to occupy a dwelling unit for remuneration for a period of time between 14 and 30 days. "Remuneration" means compensation, money, rent or other bargained for consideration given in return for occupancy, possession, or use of real property.
"Antenna" means a specific device used to receive or capture incoming and/or to transmit outgoing radio frequency signals, microwave signals and/or communications energy transmitted from, or to be received by, other antennas. Antennas include whip (omni-directional antenna), panel (directional antenna), disc (parabolic antenna) or similar devices. |
"Antenna array" means one or more antennas as defined in this chapter. The antenna array does not include the support structure. |
"Collocation" means the use of a common WCF or common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology. |
"Equipment facility" means any adjacent structure used to contain ancillary equipment for a WCF which includes cabinets, shelters, a buildout of an existing structure, pedestals, and other similar structures. |
"Height" means the distance measured from ground level to the highest point on the WCF support structure, including the antenna or antenna array. |
"Micro antenna array" means an antenna array which consists of antennas equal to or less than six feet in height and with a total area of not more than six square feet. |
"Mini antenna array" means an antenna array which consists of antennas equal to or less than 10 feet in height and with a total area of not more than 50 square feet. |
"Monopole" means a structure designed and constructed specifically to support an antenna array consisting of a single vertical metal, concrete or wooden pole, pipe, tube, or cylindrical structure which is driven into the ground or mounted upon or attached to a foundation. |
"Support structure" means a structure that supports an antenna or antenna array. A support structure includes both an existing building or structure, or a structure designed and constructed specifically to support an antenna array, such as a monopole. |
"Wireless communications" means any personal wireless services as defined in the Federal Telecommunications Act of 1996 which includes FCC licensed commercial wireless telecommunications services including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar services that currently exist or that may in the future be developed. |
"Wireless communication facility (WCF)" means any unstaffed facility for the transmission and/or reception of wireless communications services, usually consisting of an antenna array, an equipment facility, and a support structure. |
means a site where woody material is collected for processing and subsequent storage or transport to another location. The term "woody material" includes branches, limbs, bark, stumps, and similar material, but does not include lumber. The term "processing" is limited to chipping and grinding and does not include composting, where composting is defined as a managed process of controlled biological decomposition.
(Ord. 24-05, 6/5/2024)