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Cannon Beach City Zoning Code

ARTICLE III

Land Use Districts

§ 17.24.010 Compliance with provisions.

A lot may be used, and a structure or part of a structure constructed, reconstructed, altered, occupied, or used only as this title permits.
(Ord. 24-05, 6/5/2024)

§ 17.24.020 Classification of zones.

For the purpose of this title, the following zones have been established in the city:
Zone description
Abbreviated Description
Residential, Very Low Density
RVL
Residential, Lower Density
RL
Residential, Moderate Density
R1
Residential, Medium Density
R2
Residential, High Density
R3
Residential, Alternative/Manufactured Dwelling
RAM
Residential/Motel
RM
Commercial, Limited
C1
Commercial, General
C2
Manufactured Dwelling Park & Recreational Vehicle Park
MP
Open Space Recreation
OSR
Estuary
E
Park Management
PK
Open Space
OS
Institutional
IN
Institutional Reserve
FHO
(Ord. 24-05, 6/5/2024)

§ 17.24.030 Location of zones.

The boundaries for zones listed in this title are indicated on a map entitled "Land Use and Zoning Map of Cannon Beach, Oregon," which is adopted by reference. The boundaries shall be modified in accordance with zoning map amendments which are adopted by reference. The comprehensive plan and land use map are considered the same.
(Ord. 24-05, 6/5/2024)

§ 17.24.040 Zoning of annexed areas.

Zoning regulations applicable to an area shall continue to be applied until a zone change has been applied for and adopted by the city council.
(Ord. 24-05, 6/5/2024)

§ 17.26.010 Purpose.

The purpose of the RVL zone is to establish a very low density residential area (minimum lot size one acre for a dwelling unit) in areas with steep slopes, lack of city services or existing low density land use patterns. The RVL area is intended to be a future growth area of the city, where higher density development shall, where practicable, be permitted upon annexation and zone amendment, and where geologic stability and availability of city services are demonstrated. In the RVL zone the provisions in Sections 17.26.020 through 17.26.040 apply.
(Ord. 24-05, 6/5/2024)

§ 17.26.020 Uses permitted outright.

In an RVL zone the following uses and their accessory uses are permitted outright:
A. 
Single-family dwelling, modular housing and manufactured home meeting the standards of Section 17.76.020;
B. 
Parks or publicly owned recreation areas;
C. 
Utility lines necessary for public service;
D. 
A manufactured dwelling or recreational vehicle not exceeding 300 square feet in area used temporarily during the construction period of a permitted use for which a building permit has been issued, but not to exceed one year;
E. 
Home occupation Type I, which satisfies the requirements of Section 17.72.040;
F. 
Residential home, or residential facility;
G. 
Family day care center or adult day care center; and
H. 
Accessory dwelling which satisfies the requirements of Section 17.72.080.
(Ord. 24-05, 6/5/2024)

§ 17.26.030 Conditional uses permitted.

In an RVL zone the following conditional uses and their accessory uses are permitted subject to the provisions of Chapter 17.86:
A. 
Public or private school or college;
B. 
Governmental or municipal structure necessary for public service in the area, including utility substations or similar facility;
C. 
Forest management activities;
D. 
Cottage industry which satisfies the requirements in Section 17.86.260;
E. 
Day care center;
F. 
Home occupation Type II, which satisfies the requirements of Section 17.72.050; and
G. 
Community garden, which satisfies the requirements of Section 17.86.130.
(Ord. 24-05, 6/5/2024)

§ 17.26.040 Standards.

In an RVL zone, the following standards shall apply except as they may be modified through the design review process pursuant to Chapter 17.70:
A. 
Lot Size. Lot area shall be one acre per dwelling unit, except that lots of less than one acre in single, noncontiguous ownership prior to the date of enactment of the ordinance codified in this title are considered buildable subject to the other provisions of this title and the comprehensive plan. Lower density may be required on the basis of geologic hazards, percent of slope, availability of city services and vehicular access and circulation. The planning commission shall review partitions, subdivisions, planned developments and other development proposals under these criteria. The planning commission may authorize the placement of a government or municipal structure necessary for public service on a lot of less than one acre if it finds a larger lot is not required and that the smaller lot size will not have a detrimental effect on adjacent areas or uses. The minimum lot size for all uses, including single-family dwellings, shall be adjusted for average slope using the standards in Section 17.124.070.
B. 
Lot Dimensions and Yard Requirements. There are no lot dimension requirements. For lots of more than 10,000 square feet in size, no structure shall be located within 25 feet of a lot line. For lots that are 10,000 square feet in size or less: a front yard shall be at least 15 feet; a side yard shall be at least five feet, except on a corner or through lot the minimum side yard from the street shall be 15 feet; and a rear yard shall be at least 15 feet, except on a corner or through lot it shall be a minimum of five feet, except where a rear lot line abuts a street, it shall be a minimum of 15 feet.
C. 
Lot Coverage. The lot coverage for a permitted or conditional use shall not exceed 50 percent.
D. 
Floor Area Ratio. The floor area ratio for a permitted or conditional use shall not exceed 0.5.
E. 
Positioning of Structures for Future Subdivision. In areas where the future intention of the property or lot is further partitioning or subdivision, the planning commission shall, where practicable, require that structures be located to facilitate the future division of the land in a manner that accommodates smaller lot sizes and the extension of streets and utilities.
F. 
Building Height. Maximum height of a structure is 24 feet, measured as the vertical distance from the average elevation of existing grade to the highest point of a 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. The ridge height of a pitched roof shall not exceed 28 feet. Pitched roofs are considered those with a 5-12 pitch or greater.
G. 
Signs. As allowed by Chapter 17.62.
H. 
Parking. As required by Section 17.68.020.
I. 
Design Review. All uses except single-family dwellings and their accessory structures are subject to the provisions of Chapter 17.70.
J. 
Geologic or Soils Engineering Study. As required by Chapter 17.108.
K. 
Zone Changes. Upon request of property owners, or their representatives, the planning commission may consider the change of an area of the RVL zone to another zone in order to obtain more intensive usage or higher densities where it is demonstrated by the applicant that:
1. 
A favorable geologic investigation indicates that the area will support more intensive development;
2. 
City services are available, or will be provided, including adequate water pressure, sewer and water system capacity and street width;
3. 
Traffic circulation patterns will not place a burden on neighborhood streets; and
4. 
The county planning commission has been given adequate opportunity to review the proposal and provide comment to the city.
L. 
Site Plan. Except for interior renovation of existing structures and exterior renovations such as siding replacement where there will be no ground disturbance, no new construction shall be approved unless a site plan meeting the requirements of Section 17.60.190 has been submitted and approved.
(Ord. 24-05, 6/5/2024)

§ 17.28.010 Purpose.

The purpose of the RL zone is to provide an area of lower density (four dwelling units per net acre) in areas with steeper slopes, poor drainage or identified geologic hazards.
(Ord. 24-05, 6/5/2024)

§ 17.28.020 Uses permitted outright.

In an RL zone the following uses and their accessory uses are permitted outright:
A. 
Single-family dwelling, modular housing and manufactured home meeting the standards of Section 17.76.020;
B. 
Public parks or publicly owned recreation area;
C. 
Utility lines necessary for public service;
D. 
A manufactured dwelling or recreational vehicle not exceeding 300 square feet in area used temporarily during the construction period of a permitted use for which a building permit has been issued, but not to exceed one year;
E. 
Home occupation Type I, which satisfies the requirements of Section 17.72.040;
F. 
Residential home, or residential facility;
G. 
Family day care center or adult day care center; and
H. 
Accessory dwelling which satisfies the requirements of Section 17.72.080.
(Ord. 24-05, 6/5/2024)

§ 17.28.030 Conditional uses permitted.

In an RL zone the following conditional uses and their accessory uses are permitted subject to the provisions of Chapter 17.86:
A. 
Church or community meeting hall;
B. 
Public or private school or college;
C. 
Governmental or municipal structure such as a fire station, utility substation or other facility, including power substations or facilities;
D. 
Structural shoreline stabilization: riprap, bulkhead or seawall consistent with Section 17.86.210;
E. 
Day care center;
F. 
Home occupation Type II, which satisfies the requirements of Section 17.72.050; and
G. 
Community garden, which satisfies the requirements of Section 17.86.130.
(Ord. 24-05, 6/5/2024)

§ 17.28.040 Standards.

In an RL zone, the following standards shall apply except as they may be modified through the design review process pursuant to Chapter 17.70:
A. 
Lot Size. Lot area shall be at least 10,000 square feet. Lots of less than 10,000 square feet may be buildable pursuant to Section 17.88.020; provided, that such lots were not part of an aggregate of contiguous lots with an area or dimension of 10,000 square feet or greater held in a single ownership at the time of enactment of Ordinance 79-4A. Where there are lots held in a single contiguous ownership and one of the lots or combination of lots meets the minimum lot size but the other lot or combination of lots does not meet the minimum lot size, there shall be only one buildable lot. Example: three contiguous lots in a single ownership, each lot with an area of 5,000 square feet, constitute one buildable lot. The minimum lot size for all uses, including single-family dwellings, shall be adjusted for average slope using the standards in Section 17.124.070.
The planning commission may authorize the placement of a governmental or municipal structure necessary for public service on a lot of less than 10,000 square feet if it is found that a larger lot is not required and that the smaller lot size will not have a detrimental effect on adjacent areas or uses.
B. 
Lot Dimensions.
1. 
Lot Width. Lot width shall be at least 75 feet.
2. 
Lot Depth. Lot depth shall be at least 90 feet.
3. 
Front Yard. A front yard shall be at least 15 feet.
4. 
Side Yard. A side yard shall be at least five feet, except on a corner or through lot the minimum side yard from the street shall be 15 feet.
5. 
Rear Yard. A rear yard shall be at least 15 feet, except on a corner or through lot it shall be a minimum of five feet, except where a rear lot line abuts a street, it shall be a minimum of 15 feet.
6. 
Yard Abutting the Ocean Shore. For all lots abutting the ocean shore, any yard abutting the ocean shore shall conform to the requirements of Section 17.100.050(A)(6), Oceanfront setback.
C. 
Lot Coverage. The lot coverage for a permitted or conditional use shall not exceed 50 percent.
D. 
Floor Area Ratio. The floor area ratio for a permitted or conditional use on a lot of 6,000 square feet or more shall not exceed 0.5. The maximum gross floor area for a permitted or conditional use on a lot of more than 5,000 square feet, but less than 6,000 square feet, shall not exceed 3,000 square feet. The floor area ratio for a permitted or conditional use on a lot with an area of 5,000 square feet or less shall not exceed 0.6.
E. 
Building Height. Maximum height of a vertical structure is 24 feet, measured as the vertical distance from the average elevation of existing grade to the highest point of a 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. The ridge height of a pitched roof shall not exceed 28 feet. Pitched roofs are considered those with a 5-12 pitch or greater.
F. 
Signs. As allowed by Chapter 17.62.
G. 
Parking. As required by Section 17.68.020.
H. 
Design Review. All uses except single-family dwellings and their accessory structures are subject to the provisions of Chapter 17.70.
I. 
Geologic or Soils Engineering Study. As required by Chapter 17.108.
J. 
Site Plan. Except for interior renovation of existing structures and exterior renovations such as siding replacement where there will be no ground disturbance, no new construction shall be approved unless a site plan meeting the requirements of Section 17.60.190 has been submitted and approved.
(Ord. 24-05, 6/5/2024)

§ 17.30.010 Purpose.

The purpose of the R1 zone is to provide an area of moderate density (eight dwelling units per net acre) in areas of stable soils, lower slopes and with neighborhoods of existing single-family character. In an R1 zone, the provisions in Sections 17.30.020 through 17.30.040 apply.
(Ord. 24-05, 6/5/2024)

§ 17.30.020 Uses permitted outright.

In an R1 zone the following uses and their accessory uses are permitted outright:
A. 
Single-family dwelling, modular housing and manufactured home meeting the standards of Section 17.76.020;
B. 
Public park or publicly owned recreation area;
C. 
Utility lines necessary for public service;
D. 
A manufactured dwelling or recreational vehicle not exceeding 300 square feet in area used temporarily during the construction period of a permitted use for which a building permit has been issued, but not to exceed one year;
E. 
Home occupation Type I, which satisfies the requirements of Section 17.72.040;
F. 
Residential home, or residential facility;
G. 
Family day care center or adult day care center; and
H. 
Accessory dwelling which satisfies the requirements of Section 17.72.080.
(Ord. 24-05, 6/5/2024)

§ 17.30.030 Conditional uses permitted.

In an R1 zone the following conditional uses and their accessory uses are permitted subject to the provisions of Chapter 17.86:
A. 
A church or community meeting hall;
B. 
Governmental or municipal structure, including a utility substation or other similar facility;
C. 
Public or private school or college;
D. 
Structural shoreline stabilization: riprap, bulkhead or seawall consistent with Section 17.86.210;
E. 
Day care center;
F. 
Home occupation Type II, which satisfies the requirements of Section 17.72.050; and
G. 
Community garden, which satisfies the requirements of Section 17.86.130.
(Ord. 24-05, 6/5/2024)

§ 17.30.040 Standards.

In an RI zone, the following standards shall apply except as they may be modified through the design review process pursuant to Chapter 17.70:
A. 
Lot Size. Lot area shall be at least 5,000 square feet, except that construction on lots of less than 5,000 square feet is permitted subject to the standards of Section 17.88.020. The minimum lot size for all uses, including single-family dwellings, shall be adjusted for average slope using the standards in Section 17.124.070.
B. 
Lot Dimensions.
1. 
Lot Width. Lot width shall be at least 40 feet.
2. 
Lot Depth. Lot depth shall be at least 80 feet.
3. 
Front Yard. A front yard shall be at least 15 feet.
4. 
Side Yard. A side yard shall be at least five feet, except on a corner or through lot the minimum side yard from the street shall be 15 feet.
5. 
Rear Yard. A rear yard shall be at least 15 feet, except on a corner or through lot it shall be a minimum of five feet, except where a rear lot line abuts a street, it shall be a minimum of 15 feet.
6. 
Yard Abutting the Ocean Shore. For all lots abutting the ocean shore, any yard abutting the ocean shore shall conform to the requirements of Section 17.100.050(A)(6), Oceanfront setback.
C. 
Lot Coverage. The lot coverage for a permitted or conditional use shall not exceed 50 percent.
D. 
Floor Area Ratio. The floor area ratio for a permitted or conditional use shall not exceed 0.6.
E. 
Building Height. Maximum height of a structure is 24 feet, measured as the vertical distance from the average elevation of existing grade to the highest point of a 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. The ridge height of a pitched roof shall not exceed 28 feet. Pitched roofs are considered those with a 5-12 pitch or greater.
F. 
Signs. As allowed by Chapter 17.62.
G. 
Parking. As required by Section 17.68.020.
H. 
Design Review. All uses except single-family dwellings and their accessory structures are subject to the provisions of Chapter 17.70.
I. 
Geologic or Soils Engineering Study. As required by Chapter 17.108.
J. 
Site Plan. Except for interior renovation of existing structures and exterior renovations such as siding replacement where there will be no ground disturbance, no new construction shall be approved unless a site plan meeting the requirements of Section 17.60.190 has been submitted and approved.
(Ord. 24-05, 6/5/2024)

§ 17.32.010 Purpose.

The purpose of the R2 zone is to provide an area of moderate density (11 dwelling units per net acre) in areas with stable soils, lower slopes, and mixed neighborhood character. In an R2 zone the provisions of Sections 17.32.020 through 17.32.040 apply.
(Ord. 24-05, 6/5/2024)

§ 17.32.020 Uses permitted outright.

In an R2 zone the following uses and their accessory uses are permitted outright:
A. 
Single-family dwelling, modular housing and manufactured home meeting the standards of Section 17.76.020;
B. 
Two-family dwelling;
C. 
Public park or publicly owned recreation area;
D. 
Utility lines necessary for public service;
E. 
A manufactured dwelling or recreational vehicle not exceeding 300 square feet in area used temporarily during the construction period of a permitted use for which a building permit has been issued, but not to exceed one year;
F. 
Home occupation Type I, which satisfies the requirements of Section 17.72.040;
G. 
Residential home, or residential facility;
H. 
Family day care center or adult day care center; and
I. 
Accessory dwelling which satisfies the requirements of Section 17.72.080.
(Ord. 24-05, 6/5/2024)

§ 17.32.030 Conditional uses permitted.

In an R2 zone the following conditional uses and their accessory uses are permitted subject to the provisions of Chapter 17.86:
A. 
A church or community meeting hall;
B. 
Governmental or municipal structure, including a utility substation or other similar facility;
C. 
Public or private school or college;
D. 
Structural shoreline stabilization: riprap, bulkhead or seawall consistent with Section 17.86.210;
E. 
Bed and breakfast consistent with Chapter 17.80;
F. 
A studio in conjunction with an artist's residence in which only the artist's work is displayed or sold;
G. 
Day care center;
H. 
Home occupation Type II, which satisfies the requirements of Section 17.72.050; and
I. 
Community garden, which satisfies the requirements of Section 17.86.130.
(Ord. 24-05, 6/5/2024)

§ 17.32.040 Standards.

In an R2 zone, the following standards shall apply except as they may be modified through the design review process pursuant to Chapter 17.70:
A. 
Lot Size. Lot area shall be at least 5,000 square feet, except that construction on lots of less than 5,000 square feet is permitted subject to Section 17.88.020. The minimum lot size for a single-family dwelling shall be 5,000 square feet. The minimum lot size for all uses, including single-family dwellings, shall be adjusted for average slope using the standards in Section 17.124.070.
B. 
Lot Dimensions.
1. 
Lot Width. Lot width shall be at least 40 feet.
2. 
Lot Depth. Lot depth shall be at least 80 feet.
3. 
Front Yard. A front yard shall be at least 15 feet.
4. 
Side Yard. A side yard shall be at least five feet, except on a corner or through lot the minimum side yard from the street shall be 15 feet.
5. 
Rear Yard. A rear yard shall be at least 15 feet, except on a corner or through lot it shall be a minimum of five feet, except where a rear lot line abuts a street, it shall be a minimum of 15 feet.
6. 
Yard Abutting the Ocean Shore. For all lots abutting the ocean shore, any yard abutting the ocean shore shall conform to the requirements of Section 17.100.050(A)(6), Oceanfront setback.
C. 
Lot Coverage. The lot coverage for a permitted or conditional use shall not exceed 50 percent.
D. 
Floor Area Ratio. The floor area ratio for a permitted or conditional use shall not exceed 0.6.
E. 
Building Height. Maximum height of a structure is 24 feet, measured as the vertical distance from the average elevation of existing grade to the highest point of a 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. The ridge height of a pitched roof shall not exceed 28 feet. Pitched roofs are considered those with a 5-12 pitch or greater.
F. 
Signs. As allowed by Chapter 17.62.
G. 
Parking. As required by Section 17.68.020.
H. 
Design Review. All uses except single-family dwellings and their accessory structures are subject to design review of Chapter 17.70.
I. 
Geologic or Soils Engineering Study. As required by Chapter 17.108.
J. 
Site Plan. Except for interior renovation of existing structures and exterior renovations such as siding replacement where there will be no ground disturbance, no new construction shall be approved unless a site plan meeting the requirements of Section 17.60.190 has been submitted and approved.
(Ord. 24-05, 6/5/2024)

§ 17.34.010 Purpose.

The purpose of the R3 zone is to provide an area of higher density (up to 15 dwelling units per net acre), in areas with stable soils, lower slopes, adequate traffic access and compatibility with existing development character.
(Ord. 24-05, 6/5/2024)

§ 17.34.020 Uses permitted outright.

In an R3 zone the following uses and their accessory uses are permitted outright:
A. 
Single-family dwelling, modular housing and manufactured home meeting the standards of Section 17.76.020;
B. 
A two-family dwelling;
C. 
Multifamily dwelling, other than a limited triplex;
D. 
Limited triplexes consistent with Section 17.60.100;
E. 
Public park or publicly owned recreation area;
F. 
Utility lines necessary for public service;
G. 
A manufactured dwelling or recreational vehicle not exceeding 300 square feet in area used temporarily during the construction period of a permitted use for which a building permit has been issued, but not to exceed one year;
H. 
Home occupation Type I, which satisfies the requirements of Section 17.72.040;
I. 
Residential home;
J. 
Family day care center or adult day care center;
K. 
Accessory dwelling which satisfies the requirements of Section 17.72.080; and
L. 
A motel on a particular site, provided that the motel was in operation on that site on June 19, 1979, and has remained continuously in operation on that site since that date. A motel has remained in operation continuously if it has not been closed or otherwise unable to receive guests for any continuous period of one year since June 19, 1979.
(Ord. 24-05, 6/5/2024)

§ 17.34.030 Conditional uses permitted.

In an R3 zone the following conditional uses and their accessory uses are permitted subject to the provisions of Chapter 17.86:
A. 
A church or community meeting hall;
B. 
Governmental or municipal structure including a utility substation or other similar facility;
C. 
Public or private school or college;
D. 
Structural shoreline stabilization: riprap, bulkhead or seawall consistent with Section 17.86.210;
E. 
Day care center;
F. 
Bed and breakfast consistent with Chapter 17.80;
G. 
Home occupation Type II, which satisfies the requirements of Section 17.72.050;
H. 
Assisted living facility; and
I. 
Community garden, which satisfies the requirements of Section 17.86.130.
(Ord. 24-05, 6/5/2024)

§ 17.34.040 Standards.

In an R3 zone, the following standards shall apply except as they may be modified through the design review process pursuant to Chapter 17.70:
A. 
Lot Size. Lot area shall be at least 5,000 square feet, except that construction on lots of less than 5,000 square feet is permitted subject to the standards of Section 17.88.020. The minimum lot size for a two-family dwelling shall be 5,000 square feet. The density of limited triplexes shall be in conformance with Section 17.60.100. The density of multifamily dwellings shall be 5,000 square feet for the first unit of the multifamily dwelling plus 2,500 square feet for each additional unit, except that there is no density standard for multifamily dwellings used for long-term rental purposes (30 days or more) and where a deed restriction is recorded preventing the multifamily dwelling from conversion to condominium use, or similar individual ownership arrangement, or use as a short-term rental pursuant to Chapter 17.84. The maximum density of motels and assisted living facilities shall be one unit per 1,000 square feet of site area. The minimum lot size for all uses, including single-family dwellings, shall be adjusted for average slope using the standards in Section 17.124.070.
B. 
Lot Dimensions.
1. 
Lot Width. Lot width shall be at least 40 feet.
2. 
Lot Depth. Lot depth shall be at least 80 feet.
3. 
Front Yard. A front yard shall be at least 15 feet.
4. 
Side Yard. A side yard shall be at least five feet, except on a corner or through lot the minimum side yard from the street shall be 15 feet.
5. 
Rear Yard. A rear yard shall be at least 15 feet, except on a corner or through lot it shall be a minimum of five feet, except where a rear lot line abuts a street, it shall be a minimum of 15 feet.
6. 
Yard Abutting the Ocean Shore. For lots abutting the ocean shore, any yard abutting the ocean shore shall conform to the requirements of Section 17.100.050(A)(6), Oceanfront setback.
C. 
Lot Coverage. The lot coverage for a permitted or conditional use, other than a multifamily dwelling, shall not exceed 50 percent.
D. 
Floor Area Ratio. The floor area ratio for a permitted or conditional use, other than a multifamily dwelling or assisted living facility, shall not exceed 0.6.
E. 
Building Height. Maximum height of a structure is 24 feet, measured as the vertical distance from the average elevation of existing grade to the highest point of a 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. The ridge height of a pitched roof shall not exceed 28 feet. Pitched roofs are considered those with a 5-12 pitch or greater.
F. 
Signs. As allowed by Chapter 17.62.
G. 
Parking. As required by Section 17.68.020.
H. 
Design Review. All uses except single-family dwellings and their accessory structures are subject to the provisions of Chapter 17.70.
I. 
Geologic or Soils Engineering Study. As required by Chapter 17.108.
J. 
Site Plan. Except for interior renovation of existing structures and exterior renovations such as siding replacement where there will be no ground disturbance, no new construction shall be approved unless a site plan meeting the requirements of Section 17.60.190 has been submitted and approved.
(Ord. 24-05, 6/5/2024)

§ 17.36.010 Purpose.

The purpose of the RAM zone is to provide an area in which conventional residential uses, alternative low-cost housing and manufactured dwellings can be established at moderate to higher densities (11 dwelling units per net acre). In the RAM zone the regulations set out in Sections 17.36.020 through 17.36.040 apply.
(Ord. 24-05, 6/5/2024)

§ 17.36.020 Uses permitted outright.

In an RAM zone the following uses and their accessory uses are permitted outright:
A. 
Single-family dwelling, including modular housing;
B. 
Manufactured home meeting the standards of Section 17.76.020;
C. 
Two-family dwelling;
D. 
Public park or publicly owned recreation area;
E. 
Utility lines necessary for public service;
F. 
A manufactured dwelling or recreational vehicle not exceeding 300 square feet in area used temporarily during the construction period of a permitted use for which a building permit has been issued, but not to exceed one year;
G. 
Home occupation Type I, which satisfies the requirements of Section 17.72.040;
H. 
Residential home and residential facility;
I. 
Family day care center or adult day care center; and
J. 
Accessory dwelling which satisfies the requirements of Section 17.72.080.
(Ord. 24-05, 6/5/2024)

§ 17.36.030 Conditional uses permitted.

In an RAM zone the following conditional uses and their accessory uses are permitted subject to the provisions of Chapter 17.86:
A. 
A church or community meeting hall;
B. 
Governmental or municipal structure including a utility substation or other similar facility;
C. 
Public or private school or college;
D. 
Day care center;
E. 
Manufactured dwelling park;
F. 
Multifamily dwellings;
G. 
Home occupation Type II, which satisfies the requirements of Section 17.72.050;
H. 
Assisted living facility; and
I. 
Community garden, which satisfies the requirements of Section 17.86.130.
(Ord. 24-05, 6/5/2024)

§ 17.36.040 Standards.

In an RAM zone, the following standards shall apply except as they may be modified through the design review process pursuant to Chapter 17.70:
A. 
Lot Size. The minimum lot size for a single-family dwelling, manufactured dwelling, modular home and a duplex shall be 5,000 square feet. The density of multifamily dwellings shall be 5,000 square feet for the first unit of the multifamily dwelling plus 2,500 square feet for each additional unit, except that there is no density standard for multifamily dwellings used for long-term rental purposes (30 days or more) and where a deed restriction is recorded preventing the multifamily dwelling from conversion to condominium use, or similar individual ownership arrangement, or use as a short-term rental pursuant to Chapter 17.84. The maximum density of assisted living facilities shall be one residential unit per 1,000 square feet of site area. The minimum lot size for all uses, including single-family dwellings, shall be adjusted for average slope using the standards in Section 17.124.070.
B. 
Lot Dimensions.
1. 
Lot Width. Lot width shall be at least 40 feet.
2. 
Lot Depth. Lot depth shall be at least 80 feet.
3. 
Front Yard. A front yard shall be at least 15 feet.
4. 
Side Yard. A side yard shall be at least five feet, except on a corner or through lot the minimum side yard from the street shall be 15 feet.
5. 
Rear Yard. A rear yard shall be at least 15 feet, except on a corner or through lot it shall be a minimum of five feet, except where a rear lot line abuts a street, it shall be a minimum of 15 feet.
C. 
Lot Coverage. The lot coverage for a permitted or conditional use, other than a multifamily dwelling, shall not exceed 50 percent.
D. 
Floor Area Ratio. The floor area ratio for a permitted or conditional use, other than a multifamily dwelling or assisted living facility, shall not exceed 0.6.
E. 
Building Height. Maximum height of a structure shall be 24 feet, measured as the vertical distance from the average elevation of existing grade to the highest point of a 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. The ridge height of a pitched roof shall not exceed 28 feet. Pitched roofs are considered those with a 5-12 pitch or greater.
F. 
Manufactured Dwellings. Manufactured dwellings shall be located in accordance with the requirements of Chapter 17.76.
G. 
Parking. As required by Section 17.68.020.
H. 
Signs. As allowed by Chapter 17.62.
I. 
Design Review. All uses except single-family dwellings, manufactured dwellings and modular housing and their accessory structures are subject to the provisions of Chapter 17.70.
J. 
Geologic or Soils Engineering Study. As required by Chapter 17.108.
K. 
Site Plan. Except for interior renovation of existing structures and exterior renovations such as siding replacement where there will be no ground disturbance, no new construction shall be approved unless a site plan meeting the requirements of Section 17.60.190 has been submitted and approved.
(Ord. 24-05, 6/5/2024)

§ 17.38.010 Purpose.

The purpose of the RM zone is to provide an area for the establishment of motels and hotels and to prevent the utilization of motel property for non-motel commercial uses. Residential uses, including single-family, duplex, and multifamily dwellings at a maximum density of 15 dwelling units per acre are also permitted. In an RM zone the regulations in Sections 17.38.020 through 17.38.040 apply.
(Ord. 24-05, 6/5/2024)

§ 17.38.020 Uses permitted outright.

In an RM zone the following uses and their accessory uses are permitted outright:
A. 
Single-family dwelling, modular housing and manufactured home meeting the standards of Section 17.76.020;
B. 
A two-family dwelling;
C. 
Multifamily dwelling;
D. 
Motel or other tourist accommodation, including meeting rooms which are not in excess of 35 square feet per hotel or motel unit in size;
E. 
Bed and breakfast consistent with Chapter 17.80;
F. 
Public park or publicly owned recreation area;
G. 
Utility lines necessary for public service;
H. 
A manufactured dwelling or recreational vehicle not exceeding 300 square feet in area used temporarily during the construction period of a permitted use for which a building permit has been issued but not to exceed one year;
I. 
Home occupation Type I, which satisfies the requirements of Section 17.72.040;
J. 
Residential home or residential facility;
K. 
Family day care center or adult day care center; and
L. 
Accessory dwelling which satisfies the requirements of Section 17.72.080.
(Ord. 24-05, 6/5/2024)

§ 17.38.030 Conditional uses permitted.

In an RM zone the following conditional uses and their accessory uses are permitted subject to the provisions of Chapter 17.86:
A. 
Church or community meeting hall;
B. 
Governmental or municipal structure, including a utility substation or other similar facility;
C. 
Public or private school or college;
D. 
Art gallery or studio;
E. 
Gift shop which is an integral part of the operation of the tourist accommodation, provided, however, that these operations are subordinate to the tourist accommodation and remain under the same ownership, that the use be located on the same contiguously owned property and that it will not exceed 200 square feet in area;
F. 
Restaurant which is an integral part of the operation of the tourist accommodation; provided, however, that these operations are subordinate to the tourist accommodation operation and remain under the same ownership;
G. 
Meeting rooms which are in excess of 35 square feet per tourist accommodation unit in size. Parking requirements of Section 17.68.020 apply to that portion of the meeting room that is in excess of the allowed 35 square feet per unit;
H. 
Structural shoreline stabilization: riprap, bulkhead and seawall consistent with Section 17.86.210;
I. 
Day care center;
J. 
Home occupation Type II, which satisfies the requirements of Section 17.72.050;
K. 
Assisted living facility; and
L. 
Community garden, which satisfies the requirements of Section 17.86.130.
(Ord. 24-05, 6/5/2024)

§ 17.38.040 Standards.

In an RM zone, the following standards shall apply except as they may be modified through the design review process pursuant to Chapter 17.70:
A. 
Lot Size. Lot area shall be at least 5,000 square feet, except that construction on lots less than 5,000 square feet is subject to the standards of Section 17.88.020. The minimum lot size for a two-family dwelling shall be 5,000 square feet. The density of limited triplexes shall be in conformance with Section 17.60.100. The density of multifamily dwellings shall be 5,000 square feet for the first unit of the multifamily dwelling plus 2,500 square feet for each additional unit, except that there is no density standard for multifamily dwellings used for long-term rental purposes (30 days or more) and where a deed restriction is recorded preventing the multifamily dwelling from conversion to condominium use, or similar individual ownership arrangement, or use as a short-term rental pursuant to Chapter 17.84. The maximum density of motels and assisted living facilities shall be one unit per 1,000 square feet of site area. The density of a motel project that includes motel units and dwelling units, other than a manager's unit, shall be cumulative. Example: a three-unit motel in conjunction with a three-unit multifamily dwelling requires 10,000 square feet for the multifamily dwelling and 3,000 square feet for the motel units. The minimum lot size for all uses, including single-family dwellings, shall be adjusted for average slope using the standards in Section 17.124.070.
B. 
Lot Dimensions.
1. 
Lot Width. Lot width shall be at least 40 feet.
2. 
Lot Depth. Lot depth shall be at least 80 feet.
3. 
Front Yard. A front yard shall be at least 15 feet.
4. 
Side Yard. A side yard shall be at least five feet, except on a corner or through lot the minimum side yard from the street shall be 15 feet.
5. 
Rear Yard. A rear yard shall be at least 15 feet, except on a corner or through lot it shall be a minimum of five feet, except where a rear lot line abuts a street, it shall be a minimum of 15 feet.
6. 
Motel Yard Requirements. Yard requirements shall not apply to motels or hotels, except as to yards abutting the ocean shore and clear vision area requirements.
7. 
Yard Abutting the Ocean Shore. For lots abutting the ocean shore any yard abutting the ocean shore shall conform to the requirements of Section 17.100.050(A)(6), Oceanfront setback.
C. 
Lot Coverage. The lot coverage for a single-family dwelling, modular home or duplex shall not exceed 50 percent.
D. 
Floor Area Ratio. The floor area ratio for a single-family dwelling, modular home or duplex shall not exceed 0.6.
E. 
Building Height. Maximum height of a structure is 28 feet, measured as the vertical distance from the average elevation of exiting grade to the highest point of a 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. The ridge height of a pitched roof shall not exceed 32 feet. Pitched roofs are considered those with a 5-12 pitch or greater.
F. 
Signs. As allowed by Chapter 17.62.
G. 
Parking. As required by Section 17.68.020.
H. 
Design Review. All uses except single-family dwellings and their accessory structures are subject to the provisions of Chapter 17.70.
I. 
Geologic or Soils Engineering Study. As required by Chapter 17.108.
J. 
Outdoor Merchandising. As allowed by Section 17.60.170.
K. 
Site Plan. Except for interior renovation of existing structures and exterior renovations such as siding replacement where there will be no ground disturbance, no new construction shall be approved unless a site plan meeting the requirements of Section 17.60.190 has been submitted and approved.
(Ord. 24-05, 6/5/2024)

§ 17.40.010 Purpose.

The purpose of the limited commercial zone is to provide an area in which primary retail uses may locate in the business areas of the city. Uses which do not require prime locations or which generate less traffic are generally to be located in the general commercial zone. In a C1 zone, the regulations set out in Sections 17.40.020 through 17.40.050 apply.
(Ord. 24-05, 6/5/2024)

§ 17.40.020 Uses permitted outright.

In a C1 zone the following uses and their accessory uses are permitted outright:
A. 
Retail trade establishment, such as a food store, drug store, gift shop, variety or appliance store;
B. 
Repair and maintenance service of the type of goods to be found in the above permitted retail trade establishment, provided such service is performed within an enclosed building;
C. 
Arts and crafts gallery and studio;
D. 
Business or professional office;
E. 
Garden store;
F. 
Financial institution;
G. 
Eating and drinking establishment, except those prohibited by Section 17.40.040;
H. 
Personal business service, including, but not limited to, barber shop, tailoring, printing, laundry and dry cleaning, or other service establishment;
I. 
Theater, but not including a drive-in;
J. 
Wholesale business in conjunction with a retail trade establishment on the same premises;
K. 
A residential use in conjunction with a permitted use where the residential use does not exceed 50 percent of the building's floor area;
L. 
Publicly owned park or recreation area;
M. 
Utility lines necessary for public service;
N. 
A manufactured dwelling or recreational vehicle not exceeding 300 square feet in area used temporarily during the construction period of a permitted use for which a building permit has been issued, but not to exceed one year;
O. 
Family day care center, day care center or adult day care center;
P. 
Accessory dwelling which satisfies the requirements of Section 17.72.080; and
Q. 
Museums.
(Ord. 24-05, 6/5/2024)

§ 17.40.030 Conditional uses permitted.

In a C1 zone the following conditional uses and their accessory uses are permitted subject to the provisions of Chapter 17.86:
A. 
Cabinet, sheet metal, plumbing, carpenter or similar craft or trade shop;
B. 
Gasoline service station;
C. 
Government structure or use other than a park, including public parking and public schools;
D. 
Building materials supply sales;
E. 
Plant nursery;
F. 
Church or community meeting hall;
G. 
Custom manufacturing of goods for retail sale on the premises;
H. 
Structural shoreline stabilization: riprap, bulkhead or seawall consistent with Section 17.86.210;
I. 
Single-family dwelling, modular housing and manufactured home meeting the standards of Section 17.76.020;
J. 
A two-family dwelling;
K. 
Multifamily dwelling;
L. 
Residential home or residential facility;
M. 
Limited manufacturing;
N. 
Assisted living facility; and
O. 
Community garden, which satisfies the requirements of Section 17.86.130.
(Ord. 24-05, 6/5/2024)

§ 17.40.040 Prohibited uses.

In a C1 zone the following uses are prohibited:
A. 
Amusement arcade;
B. 
Drive-in restaurant, formula food restaurant, or mobile food vending wagon, except those operating under the terms of a special events permit;
C. 
Other drive-in facilities such as a car wash; and
D. 
Private parking lot.
(Ord. 24-05, 6/5/2024)

§ 17.40.050 Standards.

In a C1 zone, the following standards shall apply except as they may be modified through the design review process pursuant to Chapter 17.70:
A. 
Lot Size. None, except that the density of multifamily dwellings shall be 5,000 square feet for the first unit of the multifamily dwelling plus 2,500 square feet for each additional unit, except that there is no density standard for multifamily dwellings used for long-term rental purposes (30 days or more) and where a deed restriction is recorded preventing the multifamily dwelling from conversion to condominium use, or similar individual ownership arrangement, or use as a short-term rental pursuant to Chapter 17.84; and the maximum density of assisted living facilities shall be one residential unit per 1,000 square feet of site area.
B. 
Lot Dimension.
1. 
Lot Width and Depth. None.
2. 
Yards. None, except where a lot is adjacent to an R1, R2, R3, or MP zone, the same yard as in the abutting residential zone shall apply.
3. 
Yard Abutting the Ocean Shore. For all lots abutting the ocean shore any yard abutting the ocean shore shall conform to the requirements of Section 17.100.050(A)(6), Oceanfront setback.
C. 
Building Height. Maximum height of a structure is 24 feet, measured as the vertical distance from the average elevation of existing grade to the highest point of a 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. The ridge height of a pitched roof shall not exceed 28 feet. Pitched roofs are considered those with a 5-12 pitch or greater.
D. 
Signs. As allowed by Chapter 17.62.
E. 
Parking. As required by Section 17.68.020. The required off-street parking spaces can be provided anywhere within the downtown commercial district, as identified in Figure 1 (at the end of this chapter).
F. 
Design Review. Design review requirements of Chapter 17.70 shall be met.
G. 
Geologic or Soils Engineering Study. As required by Chapter 17.108.
H. 
Outdoor Merchandising. As allowed by Section 17.60.170.
I. 
A minimum landscaping border of three feet shall be provided between the sidewalk and the frontage of all buildings facing the street. The planning commission may grant exceptions to this standard for doors and entries to buildings or where a combination of seating and landscaping is provided. Such landscaping may be part of the required landscaping specified in Section 17.70.110.
J. 
Floor Area Ratio. The floor area ratio for buildings located in the downtown commercial district, as identified in Figure 1 (at the end of this chapter) shall not exceed 0.7, except that buildings existing as of June 1, 1995, which exceed a floor area ratio of 0.7, may be replaced with a building(s) with a floor area ratio equivalent to that which existed on June 1, 1995.
K. 
Vehicular Access. In the downtown commercial district, as identified in Figure 1 (at the end of this chapter), no new vehicular access onto Hemlock Street shall be permitted. Vehicular access which existed as of July 6, 1995 may continue to be utilized, including modifications thereto.
-Image-2.tif
(Ord. 24-05, 6/5/2024)

§ 17.42.010 Purpose.

The purpose of the general commercial C2 zone is to provide an area for more intensive types of commercial uses, other than retail establishments, which may be incompatible with the uses in the limited commercial zone. In a C2 zone the regulations set out in Sections 17.42.020 through 17.42.050 apply.
(Ord. 24-05, 6/5/2024)

§ 17.42.020 Uses permitted outright.

In a C2 zone the following uses and their accessory uses are permitted outright:
A. 
Building materials supply sales;
B. 
Plant nurseries;
C. 
Government buildings and maintenance shops;
D. 
Warehouses or storage establishments;
E. 
Boat building, cabinet or carpentry shops, contractor's shops, machine shops, vehicle repair or storage;
F. 
A manufactured dwelling or recreational vehicle not exceeding 300 square feet in area used temporarily during the construction period of a permitted use for which a building permit has been issued but not to exceed one year;
G. 
Business office or professional office, up to 10 percent of the area of a mixed use development; and
H. 
A residential use in conjunction with a permitted use where the residential use does not exceed 50 percent of the building's floor area.
(Ord. 24-05, 6/5/2024)

§ 17.42.030 Conditional uses permitted.

In a C2 zone the following conditional uses and their accessory uses are permitted subject to the provisions of Chapter 17.86:
A. 
Animal hospitals or kennels;
B. 
Enclosed recreation uses;
C. 
Utility substations;
D. 
Limited manufacturing; and
E. 
Community garden, which satisfies the requirements of Section 17.86.130.
(Ord. 24-05, 6/5/2024)

§ 17.42.040 Prohibited uses.

In a C2 zone the following uses are prohibited:
A. 
Retail uses that are oriented to or dependent upon highway traffic for business including, but not limited to, gas stations, drive-in restaurants and similar uses; and
B. 
Amusement arcade.
(Ord. 24-05, 6/5/2024)

§ 17.42.050 Standards.

In a C2 zone, the following standards shall apply except as they may be modified through the design review process pursuant to Chapter 17.70:
A. 
Lot Size. None.
B. 
Lot Dimensions.
1. 
Lot Width and Depth. None;
2. 
Yards. None, except where adjacent to another zone, a minimum yard of 25 feet shall be provided; and where adjacent to a public right-of-way, a minimum yard of 10 feet shall be provided.
C. 
Building Height. Maximum height of a structure is 28 feet, measured as the vertical distance from the average elevation of existing grade to the highest point of a 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. The ridge height of a pitched roof shall not exceed 36 feet. Pitched roofs are considered those with a 5-12 pitch or greater.
D. 
Traffic. Traffic shall not be diverted directly onto the Highway 101 interchange.
E. 
Signs. As allowed by Chapter 17.62.
F. 
Parking. As required by Section 17.68.020.
G. 
Design Review. Design review requirements of Chapter 17.70 shall be met.
H. 
Geologic or Soils Engineering Study. As required by Chapter 17.108.
(Ord. 24-05, 6/5/2024)

§ 17.44.010 Purpose.

The purpose of the MP zone is to provide for lower cost housing in the form of manufactured dwellings in manufactured dwelling parks and on individual lots, recreational vehicle parks, accessory uses and campgrounds.
(Ord. 24-05, 6/5/2024)

§ 17.44.020 Uses permitted outright.

The following uses are permitted outright in an MP zone:
A. 
Recreational vehicle park, including the following accessory uses—grocery store, gift shop and snack bar where the total area of these uses does not exceed 800 square feet, meeting and multi-use rooms whose total area does not exceed 35 square feet per each approved recreational vehicle space, laundry, restrooms, and recreational facilities— where these accessory uses are intended to provide services for the guests of the recreational vehicle park, subject to the standards of Section 17.86.190;
B. 
Manufactured dwelling park, including the following accessory uses—meeting and multiuse rooms and recreational facilities intended to serve residents of the manufactured dwelling park, subject to the standards of Section 17.76.010;
C. 
Public park or publicly owned recreation area and their accessory uses;
D. 
Utility lines necessary for public service;
E. 
Manufactured dwelling on an individual lot and their accessory uses; and
F. 
A manufactured dwelling or recreational vehicle not exceeding 300 square feet in area used temporarily during the construction period of a permitted use for which a building permit has been issued, but not to exceed one year.
(Ord. 24-05, 6/5/2024)

§ 17.44.030 Conditional uses permitted.

In an MP zone the following uses are permitted subject to the provisions of Chapter 17.86:
A. 
Meeting and multi-use rooms, in conjunction with a recreational vehicle park, whose total area exceeds 35 square feet per each approved recreational vehicle space in the recreational vehicle park.
B. 
Grocery store, gift shop and snack bar in conjunction with a recreational vehicle park, where the total area of these uses exceeds 800 square feet.
C. 
Other uses accessory to a recreational vehicle park not specifically listed in Section 17.44.020(A).
D. 
Other uses accessory to a manufactured dwelling park not specifically listed in Section 17.44.020(B).
E. 
Campgrounds and their accessory uses.
F. 
Structural shoreline stabilization: riprap, bulkhead, or seawall consistent with Section 17.86.210.
G. 
Community garden, which satisfies the requirements of Section 17.86.130.
(Ord. 24-05, 6/5/2024)

§ 17.44.040 Standards.

In an MP zone, the following standards shall apply except as they may be modified through the design review process pursuant to Chapter 17.70:
A. 
Lot Size. A manufactured dwelling on an individual lot shall have a minimum lot size of 5,000 square feet. A manufactured dwelling placed in a manufactured dwelling park shall have a lot size in conformance with Section 17.86.160. Recreational vehicles placed in a recreational vehicle park shall have a lot size in conformance with Chapter 17.86.190. The minimum lot size for all uses, including single-family dwellings, shall be adjusted for average slope using the standards in Section 17.124.070.
B. 
Lot Dimensions.
1. 
Manufactured dwellings on an individual lot shall have a minimum lot width of 40 feet and a minimum lot depth of 80 feet. The front yard shall be at least 15 feet. The side yard shall be at least five feet, except on a corner or through lot the minimum side yard from the street shall be 15 feet. The rear yard shall be at least 15 feet, except on a corner or through lot it shall be a minimum of five feet, except where a rear lot line abuts a street, it shall be a minimum of 15 feet.
2. 
Manufactured dwellings placed in a manufactured dwelling park shall meet the lot dimension standards of Chapter 17.76.
3. 
Recreation vehicles placed in a recreation park shall meet the lot dimension standards of Chapter 17.86.190.
C. 
Lot Coverage and Floor Area Ratio. The lot coverage for a manufactured dwelling on an individual lot shall not exceed 50 percent. The floor area ratio for a manufactured dwelling on an individual lot shall not exceed 0.6.
D. 
Building Height. Maximum height of a structure is 24 feet, measured as the vertical distance from the average elevation of existing grade to the highest point of a 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. The ridge height of a pitched roof shall not exceed 28 feet. Pitched roofs are considered those with a 5-12 pitch or greater.
E. 
Manufactured Dwellings. Manufactured dwellings shall be located in accordance with the requirements of Chapter 17.76.
F. 
Signs. As allowed by Chapter 17.62.
G. 
Parking. As required by Section 17.68.020.
H. 
Design Review. All uses except manufactured dwellings and recreational vehicles and their accessory structures are subject to design review requirements of Chapter 17.70.
I. 
Geologic or Soils Engineering Study. As required by Chapter 17.108.
(Ord. 24-05, 6/5/2024)

§ 17.46.010 Purpose.

The purpose of the OSR zone is to provide an area of low intensity open space or recreation use in which the natural features of the land are retained to the maximum extent possible.
(Ord. 24-05, 6/5/2024)

§ 17.46.020 Uses permitted outright.

In an OSR zone the following uses are permitted outright:
A. 
Park or publicly owned passive recreation area; and
B. 
Utility lines necessary for public service.
(Ord. 24-05, 6/5/2024)

§ 17.46.030 Conditional uses permitted.

In an OSR zone the following uses and their accessory uses are permitted subject to the provisions of Chapter 17.86:
A. 
Privately owned campgrounds;
B. 
Recreation vehicle parks;
C. 
Organized camps;
D. 
Churches or meeting halls;
E. 
Forest management; and
F. 
Community garden, which satisfies the requirements of Section 17.86.130.
(Ord. 24-05, 6/5/2024)

§ 17.46.040 Standards.

In an OSR zone, the following standards shall apply except as they may be modified through the design review process pursuant to Chapter 17.70:
A. 
The standards of the Oregon State Health Division apply to campgrounds; and
B. 
All uses shall be evaluated under Chapter 17.70.
(Ord. 24-05, 6/5/2024)

§ 17.48.010 Purpose.

The purpose of the estuary zone is to:
A. 
Assure the protection of fish and wildlife habitats;
B. 
Maintain the biological productivity within the estuary; and
C. 
Provide for low-intensity uses that do not require major alterations of the estuary. The Ecola Creek Estuary is defined to include: estuarine water; tidelands; tidal marshes (wetlands from lower high water (LHW) inland to the line of nonaquatic vegetation); and submerged lands. In areas where there are no tidelands or tidal marshes, the estuary extends to mean higher high water. The estuary extends upstream to the head of tidewater. Site specific delineations may be necessary to determine the exact location of the E zone boundary. Site specific delineations shall be performed by qualified individuals using a method acceptable to the U.S. Army Corps of Engineers and the Oregon Division of State Lands.
(Ord. 24-05, 6/5/2024)

§ 17.48.020 Uses permitted outright.

In the estuary zone, the following uses and activities shall be permitted subject to the requirements of Section 17.48.040:
A. 
Passive restoration measure;
B. 
Vegetative shoreline stabilization;
C. 
Research and education observation;
D. 
Emergency repair to existing dikes, subject to state and federal requirements;
E. 
Temporary dikes for emergency flood protection, limited to 60 days, subject to state and federal requirements;
F. 
Maintenance and repair of dikes; and
G. 
Individual nonmotorized boating.
(Ord. 24-05, 6/5/2024)

§ 17.48.030 Conditional uses permitted.

A. 
In the estuary zone, the following uses may be permitted when authorized in accordance with provisions of Chapter 17.86 and Section 17.48.040:
1. 
Submerged cable, sewer line, water line or other pipeline;
2. 
Maintenance and repair of structures or facilities existing as of October 7, 1977, which no longer meet the purposes of the estuary zone;
3. 
Active restoration of fish and wildlife habitat or water quality;
4. 
Estuarine enhancement;
5. 
Structural shoreline stabilization for protection of uses existing as of October 7, 1977, unique natural resources, historical and archaeological values and public facilities; and
6. 
Bridge crossings.
B. 
In the estuary zone, the following uses may be permitted when authorized in accordance with the provisions of Chapter 17.86 and Section 17.48.040. It must also be determined if these uses and activities meet the resource capability of the estuary zone area in which the uses and activities occur, and if the uses and activities are consistent with the purpose of the estuary zone, as stated above. The procedures of Chapter 17.106, Resource Capability Determination, will be used to make this determination:
1. 
Structural shoreline stabilization for purposes other than allowed by subsection (A)(5) of this section;
2. 
Active restoration for purposes other than restoration of fish and wildlife habitat or water quality;
3. 
Stormwater and treated wastewater outfalls;
4. 
Bridge crossings support structures;
5. 
Dredging, fill or piling installation necessary for the installation of a conditional use listed above;
6. 
Temporary alterations; and
7. 
Uses and activities permitted by an approved goal exception.
(Ord. 24-05, 6/5/2024)

§ 17.48.040 Additional development standards-Procedural requirements.

A. 
All uses shall satisfy applicable specific standards of Section 17.86.090. Where a proposal involves several uses, the standards applicable to each use shall be satisfied.
B. 
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 estuary zone, when a resource capability determination is required.
C. 
All applicable policies in the city comprehensive plan shall be adhered to.
D. 
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 Chapter 17.104, Impact Assessment.
E. 
No use shall be allowed in the estuary zone that would cause a major alteration of the estuary.
F. 
Dredge and/or fill shall be allowed only:
1. 
If required for water-dependent uses that require an estuarine location, or if specifically allowed by this zone;
2. 
If a need (i.e., a substantial public benefit) is demonstrated and the use or alteration does not unreasonably interfere with public trust rights;
3. 
If no feasible upland locations exist;
4. 
If adverse impacts are minimized.
G. 
Other uses and activities which could alter the estuary shall only be allowed if the requirements in subsections (F)(2), (3), and (4) of this section are met.
H. 
Riparian vegetation shall be managed in accordance with the requirements of Section 17.102.070(D).
(Ord. 24-05, 6/5/2024)

§ 17.50.010 Purpose.

The purpose of the park zone is to designate uses and standards for the maintenance and construction of public parks, subject to the policies of the comprehensive plan.
(Ord. 24-05, 6/5/2024)

§ 17.50.020 Uses permitted outright.

In a park zone the following uses and their accessory uses are permitted outright:
A. 
Management, general maintenance and daily operation of public park areas and facilities;
B. 
Replacement or repair of park facilities, roads and parking areas which have deteriorated or become nonfunctional through general use, fire, natural disasters, vandalism or obsolescence; and
C. 
Minor betterment and improvements to park areas or facilities that enhances functionability or is necessary to accommodate existing public uses.
(Ord. 24-05, 6/5/2024)

§ 17.50.030 Conditional uses permitted.

The following uses may be permitted when authorized in accordance with the provisions of Chapter 17.86:
A. 
Construction of new facilities, including a community garden, or expansion of existing facilities designed to increase overall visitor capacity or which would have a significant land use impact.
B. 
Governmental or municipal structure.
(Ord. 24-05, 6/5/2024)

§ 17.50.040 Standards.

In a PK zone, the following standards shall apply except as they may be modified through the design review process pursuant to Chapter 17.70:
A. 
Construction, operation, and maintenance of the city's parks shall be the responsibility of the city.
B. 
Construction, operation, and maintenance of the state parks and waysides are under the authority of the State Parks and Recreation Department.
C. 
Normal operation, maintenance, or replacement within state parks and waysides shall not fall under the standards of the city.
(Ord. 24-05, 6/5/2024)

§ 17.52.010 Purpose.

The purpose of the open space zone is to preserve areas in their natural condition.
(Ord. 24-05, 6/5/2024)

§ 17.52.020 Uses permitted outright.

A specific individual use or structures approved pursuant to a development agreement created as part of the city's final action modifying, removing, or not applying the city's land use regulation(s) where the standards of Section 17.60.190 are met.
(Ord. 24-05, 6/5/2024)

§ 17.52.030 Conditional uses permitted.

The following conditional uses are permitted in the open space zone:
A. 
Trails, when authorized in accordance with the provisions of Chapter 17.86. Trails shall not be permitted on Chapman Point; and
B. 
Wetland enhancement, including compensatory mitigation.
(Ord. 24-05, 6/5/2024)

§ 17.52.040 Standards.

The standards of Sections 17.26.040(A) through (K), Standards, shall apply except as specifically modified pursuant to a development agreement created as part of the city's final action modifying, removing or not applying the city's land use regulation(s).
(Ord. 24-05, 6/5/2024)

§ 17.54.010 Purpose.

The purpose of the institutional zone is to provide for a range of governmental and municipal uses.
(Ord. 24-05, 6/5/2024)

§ 17.54.020 Uses permitted outright.

In the institutional zone the following uses and their accessory uses are permitted outright:
A. 
Community buildings and areas which provide for educational or cultural activities;
B. 
Museums; and
C. 
Reload facility.
(Ord. 24-05, 6/5/2024)

§ 17.54.030 Conditional uses permitted.

The following uses and their accessory uses may be permitted subject to the provisions of Chapter 17.86:
A. 
Public parking facility;
B. 
Sewage treatment facility;
C. 
Wood waste processing, not including a building;
D. 
Public restroom;
E. 
Recycling facility;
F. 
Public school;
G. 
Pump station or other similar facility;
H. 
Public park or publicly owned recreation area;
I. 
Public works shop or yard;
J. 
Dog impound facility; and
K. 
Community garden, which satisfies the requirements of Section 17.86.130.
(Ord. 24-05, 6/5/2024)

§ 17.54.040 Standards.

In an IN zone, the following standards shall apply except as they may be modified through the design review process pursuant to Chapter 17.70:
A. 
Setbacks. Structures adjoining another zone or public right-of-way shall be set back 25 feet. No parking shall be permitted in this setback. Existing structures, at the time of adoption of the ordinance codified in this title, shall maintain their setbacks. Where parking occurs in the setback area, such use may continue.
B. 
Building Height. Maximum height of a structure is 28 feet, measured as the vertical distance from the average elevation of existing grade to the highest point of a 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. The ridge height of a pitched roof shall not exceed 36 feet.
C. 
Signs. As allowed by Chapter 17.62.
D. 
Parking. As allowed by Section 17.68.020.
E. 
Access. The provision of consolidated street access points shall be considered in site design. Street access should be located to minimize the impact on adjacent residential areas.
F. 
Design Review. All uses shall be evaluated under Chapter 17.70, Design Review.
(Ord. 24-05, 6/5/2024)

§ 17.56.010 Purpose.

The purpose of the institutional reserve zone is to reserve areas for potential future urban uses.
(Ord. 24-05, 6/5/2024)

§ 17.56.020 Uses permitted outright.

The following uses are permitted outright in the institutional reserve zone:
A. 
Forest operations or forest practices including, but not limited to, reforestation of forest land, road construction and maintenance, harvesting of a forest tree species, application of chemicals, and disposal of slash.
B. 
Temporary on-site structures that are auxiliary to and used during the term of a particular forest operation.
C. 
Physical alterations to the land auxiliary to forest practices including, but not limited to, those made for purposes of exploration, mining, commercial gravel extraction and processing, landfills, dams, reservoirs, road construction or recreational facilities.
(Ord. 24-05, 6/5/2024)

§ 17.56.030 Conditional uses permitted.

The following conditional uses may be permitted in the institutional reserve zone:
A. 
Trails, when authorized in accordance with the provisions of Chapter 17.86.
B. 
Emergency shelter on land within the urban growth boundary.
C. 
Maintenance, repair, and seismic upgrade of municipal water storage facilities.
(Ord. 24-05, 6/5/2024)

§ 17.56.040 Standards.

The following standards shall apply in the institutional reserve zone:
A. 
Forest operations are subject to the requirements of a valid plan approved by the Oregon Department of Forestry.
B. 
"Auxiliary," as it is used in Section 17.56.020(B) and (C), means, a use or alteration of a structure or land that provides help or is directly associated with the conduct of a particular forest practice. An auxiliary structure is located on-site, temporary in nature, and is not designed to remain for the forest's entire growth cycle from planting to harvesting. An auxiliary use is removed when a particular forest practice has concluded.
(Ord. 24-05, 6/5/2024)