Unroofed landings may project not more than 36 inches into a required front yard, rear yard or street side yard where they provide access to the first story of a dwelling, as the term story is defined by the building code and where the landing is limited to no more than 10 lineal feet. Such a landing may be accessed by no more than three risers. Unroofed landings and stairs may not project into a required ocean yard.

A covered entry to a dwelling may project not more than 36 inches into a required front yard, rear yard, or street side yard where the entry provides access to the first story of the dwelling, as the term story is defined in the building code. The covered entry is limited to no more than 10 feet in length and shall be completely open on all sides. The entry may be accessed by no more than three risers. Covered entries and stairs may not project into a required ocean yard.

One partly shielded or unshielded luminaire at the main entry, not exceeding 630 lumens.

Any other partly shielded or unshielded luminaires not exceeding 315 lumens.

Low voltage landscape lighting aimed away from adjacent properties and not exceeding 2,100 lumens.

Shielded directional flood lighting aimed so that direct glare is not visible from adjacent properties and not exceeding 2,100 lumens.

Open flame gas lamps.

Lighting installed with a vacancy sensor, where the sensor extinguishes the lights no more than 15 minutes after the area is vacated.

Exempt Lighting.

The sale of living plant materials and cut flowers;

Outdoor seating in conjunction with a restaurant;

Holiday tree sales lot;

The dispensing of gasoline at a service station;

Newspaper vending machines subject to subsection (E) of this section;

The sale of goods and services by a nonprofit organization are subject to Section 4.01.130;

Automatic teller machines, subject to the design review requirements of Chapter 17.70;

Telephone booths, subject to the design review requirements of Chapter 17.70;

Live music and other outdoor performances, subject to Section 4.01.130; and

Farmers' market, subject to Section 4.01.130.

The outdoor area in which the merchandise or service is stored, displayed, sold, or rented is accessible only through a building entrance;

The outdoor area is screened from a public street or adjacent property in a manner approved by the design review board; or

The outdoor activity is permitted through a special event permit.

The area of sign faces enclosed in frames or cabinets is determined by the outer dimensions of the frame or cabinet surrounding the sign face (see Figure 1 of this chapter). Sign area does not include foundations, supports and other essential structures which do not serve as a backdrop or border to the sign. Only one side of a double-faced sign is counted in measuring the sign face area. (To be considered a double-faced sign, the sides of the sign must be flush.)

When signs are constructed of individual pieces the sign area is determined by a perimeter drawn around all the individual pieces taken together (see Figure 2 of this chapter).

For sign structures containing multiple sign modules oriented in the same direction, the sum of the sign area of the individual sign modules are counted as one sign face (see Figure 3 of this chapter).

The area of a sign shall be determined according to the following:

Where a business or use has more than one entrance, the business owner shall specify which entrance is the business frontage for the purpose of calculating sign face area.

Placement. All signs and sign structures shall be erected and attached totally within the site except where permitted to extend into a street right-of-way.

Frontages. Signs allowed based on the length of one site frontage may not be placed on another site frontage.

Vision Clearance Areas. No sign may be located within a vision clearance area as defined in Section 17.60.040.

Vehicle Area Clearances. When a sign extends over a private area where vehicles travel or are parked, the bottom of the sign structure shall be at least 14 feet above the ground. Vehicle areas include driveways, parking lots and loading and maneuvering areas.

Pedestrian Area Clearances. When a sign extends over sidewalks, walkways, or other spaces accessible to pedestrians, the bottom of the sign structure shall be at least eight feet above the grade. An exception is provided for a sign that is attached to the structural element associated with a doorway or entry that is less than eight feet above the grade. In this case, the sign shall be placed no lower than the lowest point of the structural element associated with the doorway or entry.

Projecting Signs. Signs shall project no more than two feet into a public right-of-way.

Signs that contain flashing elements;

Signs that contain moving, rotating or otherwise animated parts;

Signs that contain luminescent, fluorescent or phosphorescent paints or paper. This includes paints referred to as day-glo, hot or neon;

Signs that contain neon-type lighting, including such signs when located within a building where that sign is visible from the street adjacent to the exterior of the building;

Signs that are internally lighted;

Signs placed so that the sign extends above a flat roof or the ridge of a pitched roof;

In the C1, C2, RM, MP, OSR, IN and PK zones, no devices such as pennants, streamers, spinners, windsocks or kites, or similar devices which move as a result of air pressure. These devices, when not part of a sign, are similarly prohibited;

A public address system, sound system or similar device, either permanently or temporarily installed exterior to a building, whether or not it is used to advertise a business or product, where the sound is audible from a public street or adjacent property;

Sandwich board sign;

Reader board sign;

Bench sign; and

Wall graphics.

A sign subject to a permit shall meet the material and construction methods requirements of the Uniform Sign Code (1985).

Signs shall be constructed of wood or have a wood exterior or be painted or etched on a window or be part of an awning. Signs consisting of other materials must be approved by the design review board.

The supporting structure of a sign shall not exceed the sign's height or width by more than two feet.

Total sign square footage permitted.

Freestanding Signs. Each lot is permitted one freestanding sign per site frontage. The maximum sign face for a freestanding sign is 24 square feet.

Signs Attached to Buildings.

Types of Signs. The following types of signs are permitted: permanent, freestanding, wall, projecting, window, awning, temporary, incidental and lawn signs.

Total Square Footage Permitted. The total square footage of all signage associated with a lot or business shall not exceed 36 square feet of sign face area.

Freestanding Signs. Each site is permitted one freestanding sign. The maximum sign face area for a freestanding sign is 24 square feet.

Signs Attached to Buildings.

Types of Signs. The following types of signs are permitted: permanent, freestanding, wall, projecting, window, awning, temporary, incidental, and lawn sign.

Total Square Footage Permitted. The total square footage of signage associated with a use or lot shall not exceed 10 square feet.

Types of Signs Permitted.

The variance would permit the placement of a sign with an exceptional design, style, or circumstance;

The granting of the variance would not be detrimental to abutting properties; and

The granting of the variance would not create a traffic or safety hazard.

Total building coverage shall not exceed 40 percent;

Significant views of the ocean, mountains or similar features from nearby properties will not be obstructed any more than would occur if the proposed structure were located as required by the zoning district;

The proposed building location will not interfere with solar access of buildings on adjoining property;

It is the purpose of setbacks to provide for a reasonable amount of privacy, drainage, light, air, noise reduction and fire safety between adjacent structures. Setback reduction permits may be granted where the planning commission finds that the above purposes are maintained, and one or more of the following are achieved by the reduction in setbacks:

Adjacent rights-of-way have sufficient width for utility placement or other public purposes;

The reduction would not create traffic hazards; or impinge upon a public walkway or trail;

Any encroachment into the setback will not substantially reduce the amount of privacy which is or would be enjoyed by an abutting property; and

The proposed building location will not interfere with the ability to provide fire protection to the building or adjacent buildings.

Commercial uses, except motels, when they abut an RVL, RL, R1, R2, R3, RM, RAM, MP, OSR, or IN zone;

Motels when they abut an RVL, RL, R1, R2, R3, RAM, or IN zone;

Multifamily structures containing three or more units when they abut an RVL, RL, R1, R2, RAM, or OSR zone;

Manufactured dwelling subdivision or manufactured dwelling park when it abuts an RVL, RL, R1, R2, R3, RM, or IN zone; or

Governmental uses and structures when they abut an RVL, RL, R1, R2, R3, or RAM zone.

Parking area layouts shall provide parking spaces and aisle dimensions that meet the minimum dimensions contained in Figure A, Minimum Design Requirements.

A parking space must be at least nine feet by 18 feet. Where parallel parking spaces are provided, the minimum dimension is nine feet by 22 feet.

Parking spaces for disabled persons shall be in accordance with the requirements of the Oregon Structural Specialty Code. These standards control: dimensions of disabled person parking spaces and access aisles; the minimum number of disabled person parking spaces required; location of disabled person parking spaces and circulation routes; curb cuts and ramps including slope, width, and location; and signage and pavement markings.

All parking areas must be designed so that a vehicle may enter or exit without having to move another vehicle. Stacked or tandem parking is not permitted.

At a minimum, 10 percent of the area of the parking lot shall be landscaped. In determining the area of the parking lot and required landscaping the minimum area separation between the building and the parking lot described in subsection (A)(6) of this section shall not be included. The landscaped area of the parking lot shall contain at least one tree for every 175 square feet of landscaping provided. Areas that contain a tree shall have a minimum width of five feet. Any landscaped area shall have a minimum area of 50 square feet.

An area with a minimum width of five feet shall separate the exterior wall of a building from the parking lot. The separation between the parking lot and the building can consist of landscaping material, a pedestrian walkway, or a combination of the two.

Provide separation and screening of the parking area from the street and abutting property. The separation can be provided by either a fence or a landscaped planting area. Where landscaping is utilized, the planting area shall have a minimum width of three feet. The height of the fence or planting shall be sufficient to screen the parking facility, but without encroaching into the required clear vision area.

When a parking area serving a multifamily, commercial, industrial, or governmental use abuts a residential zone, buffering meeting the requirements of Chapter 17.66 shall be provided.

The number of access points from the adjacent public street(s) to the parking area shall be limited to the minimum that will allow the property to accommodate the anticipated traffic. Access points shall be located on side streets or existing driveways wherever possible to avoid congestion of arterial or collector streets. The width of the access point(s) to the parking area shall comply with the standards of Municipal Code Section 12.08.040.

Maneuvering space (to prevent backing onto streets) shall be provided for all lots which provide access onto arterial streets (Hemlock Street, Sunset Boulevard, and US Highway 101).

Service drives shall have a minimum vision clearance area formed by the intersection of the driveway center line, the street right-of-way line, and a straight line joining said lines through points 15 feet from their intersection.

To implement the goals and policies of the comprehensive plan;

To foster development that is designed, arranged and constructed in a manner that provides a safe, efficient and aesthetically pleasing community asset;

To encourage originality and creativity in site design, architecture and landscape design;

To ensure that the arrangement of all functions, uses and improvements of a development reflect the natural capabilities and limitations of its site and adjacent property;

To encourage development where the various structures, use areas and site elements are integrated in a manner that is visually harmonious;

To ensure that development maintains and strengthens the city's sense of place which is defined by its location adjacent to the Pacific Ocean, Ecola Creek, and the surrounding mountains; and

To encourage landscape design which complements the natural landscape, improves the general appearance of the community, and enhances specific elements of the built environment.

Street improvements that involve design elements such as landscaping, lighting, sidewalks, or street furniture, but not including benches that are proposed pursuant to the city's commemorative gift policy,

Installation of street furniture such as bike racks, benches, or trash receptacles, but not including benches that are proposed pursuant to the city's commemorative gift policy,

Improvements affecting the visual appearance of the beach such as beach access improvement and storm drainage outfalls but not including benches that are proposed pursuant to the city's commemorative gift policy,

Sidewalks, both new and reconstruction of existing sidewalks,

Off-street parking for public use,

New park projects or major improvements to existing parks but not including improvements that are proposed pursuant to the city's commemorative gift policy, and

Street lighting projects that involve the installation of a different type of light fixture, or a new level of illumination, or a different spacing of light fixtures.

Drawings depicting the proposal shall be presented on sheets not larger than 24 inches by 36 inches in the number of copies directed by the city; and

Drawings shall be at a scale sufficiently large enough to enable all features of the design to be clearly discerned.

Location and species of trees greater than six inches in diameter when measured four and one-half feet above the natural grade, and an indication of which trees are to be removed;

On sites that contain steep slopes, potential geologic hazard or unique natural features that may affect the proposed development, the city may require contours mapped at two-foot intervals;

Natural drainageways and other significant natural features;

All buildings, roads, retaining walls, curb cuts, and other manmade features;

Natural features, including trees and structures on adjoining property having a visual or other significant relationship with the site; and

Location and species of trees greater than six inches DBH on adjoining property that, in the judgment of the applicant's certified arborist, might be damaged by construction activity on the subject property. Alternatively, in the absence of a report by a certified arborist, all trees on adjoining property within one tree protection zone of the common boundary line, and all trees on adjoining street right-of-way if within one tree protection zone of the subject property.

Legal description of the lot;

Boundary dimensions and area of the site;

Location of all new structures and existing structures proposed to be retained, including their distances from the property line;

Area of the site covered by the structures described in subdivision 3 of this subsection and their percentage of the site;

All external dimensions of proposed buildings and structures;

The location of a building's windows, doors, entrances and exits;

Parking and circulation areas, including their dimensions;

Service areas for such uses as the loading and delivery of goods;

Locations, descriptions and dimensions of easements;

Grading and drainage plans, including spot elevations and contours at close enough intervals to easily convey their meaning;

Location of areas to be landscaped;

Private and shared outdoor recreation areas;

Pedestrian circulation;

The location of mechanical equipment, garbage disposal areas, utility appurtenances and similar structures;

Exterior lighting including the type, intensity, height above grade and area to be illuminated;

Location, size and method of illumination of signs;

Provisions for handicapped persons;

Other site elements which will assist in the evaluation of site development;

The location and names of all existing streets within or on the boundary of the proposed development; and

A written summary showing the following:

The size, species and locations of plant materials to be retained or placed on the site;

The layout of proposed irrigation facilities;

The location and design details of walkways, plazas, courtyards and similar seating areas, including related street furniture and permanent outdoor equipment including sculpture;

The location, type and intensity of lighting proposed to illuminate outdoor areas;

The location and design details of proposed fencing, retaining walls and trash collection areas; and

For commercial projects with a total project cost exceeding $250,000.00, a rendering showing the proposed landscape plan in perspective. Such renderings shall be prepared for each of the project's main elevations.

A plan specifying the building footprint and dimensions, including all points of access. Floor plans of interior spaces to the extent required to clarify access functions and the relationship of such spaces to decks, porches, balconies, and stairs or other features shown on the building elevations. Such floor plans shall be provided for all building floors and shall include appropriate dimensions;

Exterior elevations showing finish materials, windows, doors, light fixtures, stairways, balconies, decks, and architectural details. These elevations shall be provided for every exterior wall surface, including those which are completely or partially concealed from view by overlapping portions of the structure. Existing and finished grades at the center of all walls shall be shown with elevations of floors indicated and a dimension showing compliance with height limitations;

The color and texture of finish materials shall be described on the drawings and samples shall be submitted of the materials and color ranges of siding, roofing, and trim;

Location and type of exterior light fixtures including the lamp types and the levels of illumination that they provide; and

A comprehensive graphic plan showing the location, size, material, and method of illumination of all exterior signs. At the applicant's option, this plan may be submitted for approval at any time prior to the issuance of occupancy permits.

Architectural models shall be submitted for:

The model shall be to scale and represent the proposed development and adjoining buildings within 50 feet of applicant's property lines; and

The model need only be a massing model sufficient to illustrate the relationship of the proposed structure(s) to the site and surrounding properties.

A description of the method and type of energy to be used for heating and cooling of the building; and

An explanation of the energy use and strategy being used to minimize the amount of energy needed to heat, cool, and light the structure.

A survey of the property by a licensed land surveyor clearly delineating property boundaries. The city may waive this requirement where there is a recent survey which can be used to establish the applicant's property boundaries; and

Prior to the design review board meeting, the applicant will have clearly marked the corners of proposed buildings and other significant features proposed for the site.

Major modifications are those which result in a significant change in the approved plan.

The following are examples of major modifications:

If the city determines that the proposed change is a major modification, the proposed alteration shall be reviewed in the same manner as a new application.

Minor modifications are those which result in an insignificant change in the approved plan.

The following are examples of minor modifications:

If the city determines that the proposed change is a minor modification, the city will proceed with the review of the construction documents or changes in construction.

Duplexes and triplexes: 40 percent;

Multifamily dwellings containing four or more units: 30 percent;

Nonresidential uses (e.g., commercial, industrial, governmental): 20 percent.

The required landscaping for duplexes, triplexes, and multifamily dwellings described in Section 17.70.120(A) shall consist of living plant material such as trees, shrubs, groundcover, flowers and lawn. Except for areas under roof eaves as defined by Section 17.60.080(A), an area designated as landscaping must be open to the sky; areas under covered walkways, sky bridges and similar covered structures are not included in the calculation of landscaped area.

The required landscaping for nonresidential uses described in Section 17.70.120(A) shall include any combination of the following materials: living plant material such as trees, shrubs, groundcover, flowers, and lawn; and hard surfaced materials such as benches, walkways, courtyards, outdoor seating areas, and artificial turf. Living plant material shall constitute a minimum of 50 percent of the total required landscaping area. Except for areas under roof eaves as defined by Section 17.60.080(A), an area designated as living plant material must be open to the sky; areas under covered walkways, sky bridges and similar covered structures cannot be included in the calculation of the landscaped area consisting of living plant material. Landscaped areas consisting of hard surfaced material, as described above, must also be open to the sky, except for areas under roof eaves as defined by Section 17.60.080(A). However, the area of a porch, defined as a structure that projects from the exterior wall of a building and is covered by a roof and is adjacent to a sidewalk, may be included in the computation of hard surfaced landscape area.

Landscape plant materials will be installed to current nursery industry standards (OAN).

Landscape plant materials shall be properly guyed and staked to current industry standards. Stakes and guy wires shall not interfere with vehicular or pedestrian traffic.

Deciduous trees shall be fully branched, have a minimum caliper of one and one-half inches and a minimum height of eight feet at the time of planting.

Evergreen trees shall have a minimum size of six feet in height, fully branched, at the time of planting.

Shrubs shall be supplied in one-gallon containers or eight-inch burlap balls with a minimum spread of 12 inches. Shrubs shall be planted on a maximum of 30 inches on center.

Groundcover shall be supplied in either of the following quantities:

Rows of plants should be staggered for more effective coverage.

Artificial turf shall be counted as hardscape, not living plant material, in any calculation of landscape coverage; and

Artificial turf shall be used only in those parts of a landscape plan not normally visible to the general public from public sidewalks, streets, or from other public spaces.

A surety bond executed by a surety company authorized to transact business in the state in a form approved by the city attorney;

Cash;

A letter of credit approval by the city attorney from a financial institution stating that the money is held for the purpose of development of the landscaping or other specified site improvement.

Total Site Lumen Limit. The total installed initial luminaire lumens of all outdoor lighting shall not exceed the total site lumen limit. The total site lumen limit shall be limited to 630 lumens per off-street parking space, including handicapped-accessible spaces. For sites with existing lighting, existing lighting shall be included in the calculation of total installed lumens. The total installed initial luminaire lumens is calculated as the sum of the initial luminaire lumens for all luminaires.

Limits to Off-Site Impacts. All luminaires shall be rated and installed according to Table B.

Light Shielding for Parking Lot Illumination. All parking lot lighting shall have no light emitted above 90 degrees.

Total Site Lumen Limit. The total installed initial luminaire lumens of all outdoor lighting shall not exceed the total site lumen limit. The total site lumen limit shall be determined using Table A. For sites with existing lighting, existing lighting shall be included in the calculation of total installed lumens. The total installed initial luminaire lumens is calculated as the sum of the initial luminaire lumens for all luminaires.

Limits to Off-Site Impacts. All luminaires shall be rated and installed according to Table B.

Light Shielding for Parking Lot Illumination: All parking lot lighting shall have no light emitted above 90 degrees.

Total Site Lumen Limit. The total installed initial luminaire lumens of all lighting systems on the site shall not exceed the allowed total initial site lumens. The maximum allowed total initial site lumens shall not exceed the sum of base lumens, as determined under subsection (c)(1)(a), plus any applicable additional lumens allowed under Table C. For sites with existing lighting, existing lighting shall be included in the calculation of total installed lumens. The total installed initial luminaire lumens of all is calculated as the sum of the initial luminaire lumens for all luminaires.

Limits to Off-Site Impacts. All luminaires shall be rated and installed using either Option A or Option B. Only one option may be used per permit application.

The structures or buildings do not have a total area of more than 120 square feet; and

The structures or buildings are not closer than five feet to the rear property line; and

The structures or buildings do not exceed 12 feet in height, measured as the vertical distance from the average exiting grade to the highest point of the roof surface; and

The structures or buildings are located in such a way as to not be detrimental to abutting property and shall not obstruct views from adjacent buildings.

No more than one portable storage container shall be located on a single lot or parcel of land.

No other type of container or shipping container is located on the same lot or parcel of land.

Portable storage containers shall not remain on lots or parcels of land longer than 16 consecutive calendar days and no more than 16 calendar days per calendar year.

That a principal residential structure is damaged or dilapidated; or that the residential structure will undergo renovation, repair, remodeling, or reconstruction during the extension.

That a building permit has been issued, if required, and remains valid during the extension.

If a portable storage container is placed in the required front yard, then the portable storage container shall be located only in the area primarily used for vehicular ingress and egress and must have a minimum 10-foot setback from the edge of the curb. If no curb exists, the portable storage container shall have a minimum 10-foot setback from the edge of the pavement. However, notwithstanding the above setbacks, in no case shall a portable storage container extend into the public right-of-way.

If a portable storage container is placed in the required rear or side yard, no setback shall be required except that no portable storage container shall encroach upon adjacent property.

The portable storage container shall not conflict with the clear vision area requirements in Section 17.60.040.

No more than two portable storage containers shall be located on a single lot or parcel of land.

No other type of container or shipping container is located on the same lot or parcel of land.

Portable storage containers shall not remain on lots or parcels of land longer than either:

That a principal structure is damaged or dilapidated; or will undergo renovation, repair, or reconstruction during the extension.

That a building permit has been issued for the renovation, repair, or reconstruction, if required, and remains valid during the extension.

If a portable storage container is placed in the required front yard, then the portable storage container shall be located only in the area primarily used for vehicular ingress and egress and must have a minimum 10-foot setback from the edge of the curb. If no curb exists, the portable storage container shall have a minimum 10-foot setback from the edge of the pavement. However, notwithstanding the above setbacks, in no case shall a portable storage container extend into the public street right-of-way.

If a portable storage container is placed in the required rear or side yard, no setback shall be required except that no portable storage container shall encroach upon adjacent property.

The portable storage container shall not conflict with the clear vision area requirements in Section 17.60.040.

South of Ecola Creek, areas west of the Hemlock Street right-of-way will be avoided.

North of Ecola Creek, areas west of Larch Street should be avoided.

Locations on streets where underground utility service has been established should be avoided.

All facilities shall be installed and maintained in compliance with the requirements of the Building Code.

All WCFs shall be designed to minimize their visual impact to the greatest extent feasible.

The smallest and least visible antennas, to accomplish the coverage objectives, shall be utilized. Preference will be given to applications which utilize small or minimal size antennas that are less than two square feet in total area or size.

Antenna(s) attached to an existing structure shall be placed so as to integrate, as much as possible, with the building's design features and materials. Where appropriate, construction of screening to obscure the facility shall be required. Wall mounted antennas shall be integrated architecturally with the style and character of the structure, or otherwise made as unobtrusive as possible. If possible, antennas should be located entirely within an existing or newly created architectural feature so as to be completely screened from view. To the extent feasible, wall-mounted antennas should not be located on the front or most prominent façade of a structure and should be located above the pedestrian line-of-sight.

Colors and materials for WCFs shall be chosen to minimize their visibility. When painted, WCFs shall be painted or textured using colors to match or blend with the primary background of the facility, including the skyline or horizon.

Equipment facilities shall be placed in underground vaults wherever feasible. Aboveground equipment, facilities shall meet the setback requirements of the zone in which they are located and shall be reviewed through the design review process of Chapter 17.70 to ensure that they are designed, sited and landscaped to minimize the visual impact on the surrounding environment.

An existing utility pole may be replaced by a new utility pole made of wood with an additional height of 10 feet, up to a maximum of 50 feet, at the same pole location and still be subject to design review rather than a conditional use. Replacement of an existing utility pole with a metal pole shall be reviewed as a No. 6 siting priority requiring a conditional use permit. A new utility pole placed pursuant to siting priority No. 6 shall be a replacement pole not resulting in an additional utility pole in the street right-of-way.

A mini antenna array is the largest antenna array that is allowed on a monopole.

Exterior lighting for a WCF is permitted only when required by a federal or state authority.

A WCF placed pursuant to this chapter is exempt from the height requirements of the zoning district in which it is located.

A dwelling for which there is a short-term rental permit (either a lifetime unlimited permit, a five-year unlimited permit or a 14-day permit) issued to the owner of that dwelling by the city; or

A dwelling which has been approved by the city for use as a bed and breakfast establishment.

The owner has failed to comply with any of the standards listed in this chapter; or

The owner has failed to pay the transient room tax and/or file a transient room tax return as required by Municipal Code, Chapter 3.12.

For the first violation within a 24-month period, the penalty shall be a warning notice.

For the second violation within a 24-month period, the penalty shall be a suspension of the permit for 30 days.

For the third violation within a 24-month period, the penalty shall be a suspension of the permit for 90 days.

For the fourth violation within a 24-month period, the penalty shall be a revocation of the permit.

The city may seek injunction or other equitable relief in court to enjoin any violation of this chapter and may recover the costs of such actions. The city may seek such criminal or civil penalties as are authorized by Oregon law. Each day of violation may be considered a separate violation. Each violation may result in a fine of up to $500.00.

After the revocation of a permit, or after the enforcement taken under Section 17.20.010 of the general provisions of Section 17.84.020 for renting without a license, where a penalty is awarded under the provisions of Section 17.20.030, the owner(s) will be prohibited from participation in the short-term rental program for two years from the time of the revocation or penalty.

Increasing the required lot size or dimensions;

Reducing the required height and size of buildings;

Controlling the location and number of vehicle access points;

Increasing the required off-street parking spaces;

Increasing the required street width;

Limiting the number, size, location and lighting of signs;

Requiring diking, fencing, screening, landscaping, berms, or other items to protect adjacent or nearby areas;

Designating sites for open space;

Specifying the types of materials to be used;

Specifying the time of year the activity may occur; and

Specifying the type of lighting to be used.

Harvesting of trees for commercial purposes including, but not limited to, falling, bucking, yarding, decking, loading or hauling of such trees;

Construction, reconstruction and improvements of roads as part of a forest harvesting operation;

Site preparation for reforestation involving clearing or the use of heavy machinery;

Clearing of forest land for conversion to a nonforest use;

Disposal and treatment of slash;

Precommercial thinning.

As part of a conditional use application, a forest management plan prepared by a forester shall be submitted.

The written forest management plan shall contain specific information applicable to the proposed operation. Elements of the plan shall include, but not be limited to, the location of roads and landings, road and landing design and construction, drainage systems, disposal of waste material, falling and bucking, buffer strips, yarding system and layout, sensitive resource site protection measures and post-operation stabilization measures.

The city shall select a forester from its list of foresters to prepare the plan. The applicant shall be billed for the cost of the plan preparation as well as the cost of monitoring the forest management operation.

The forest management plan shall conform to the standards of subsection E of this section.

In the preparation of the forest management plan, the forester shall consult with state and federal agencies concerned with the forest environment, such as the Department of Fish and Wildlife, to obtain relevant information.

The landowner and/or operator shall comply with the approved forest management plan.

Modifications to the approved plan shall be reviewed by the planning commission. Modification of an approved plan shall be required when, based on information that was not available or known at the time of the approval, the forester determines the approved plan will no longer provide adequate protection to the natural resources of the site.

The forester shall monitor the forest operation to ensure that it is carried out in accordance with the approved plan. Upon completion of the operation the forester shall prepare a report certifying that the operation was carried out in compliance with the approved plan.

Only selective harvesting of trees is permitted. The forester shall determine the site's total basal area. Trees with a diameter, measured at breast height, of less than six inches shall not be included in the calculation of the site's basal area. An initial plan, or any subsequent plan, shall propose removing no more than an aggregate of 50 percent of the total basal area existing on the site at the time the initial application for harvesting is submitted to the city. In addition, no more than 60 percent of the site's total number of trees, which have a minimum diameter of six inches at breast height, shall be removed. Trees with a diameter of less than six inches at breast height shall not be removed.

A riparian zone shall be maintained adjacent to both class I and class II waters. The width of the riparian zone shall be 25 feet on either side of class II waters. The width of the riparian zone shall be 50 feet on either side of class I waters. There shall be no harvesting of trees in the riparian zone. Other activities in conjunction with forest practices, such as road construction, in the riparian zone shall be permitted only where there are no feasible alternatives. The definitions of class I and class II waters shall be those established in the Forest Practices Rules 629-24-101.

Existing stream courses shall not be altered.

No forest management operations shall occur in identified wetland areas.

Where a forest operation is to be located within 600 feet of a specific site involving a threatened or endangered species (as listed by the U.S. Fish and Wildlife Service or the Oregon Department of Fish and Wildlife) or a sensitive bird nesting, roosting, or watering site, a specific habitat-protection plan shall be prepared in consultation with the Oregon Department of Fish and Wildlife.

There shall be no subsurface mining as part of a forest operation.

Forest practices shall not involve the application of herbicides, insecticides, or rodenticides.

Slash shall be controlled in a manner that does not require burning.

Road construction shall be in accordance with the criteria of the Forest Practices Rules 629-24-521 to 629-24-523 (1990).

Harvesting of trees shall be in accordance with the criteria of the Forest Practices Rules 629-24-542 to 629-24-545 (1990).

Reforestation of lands intended to continue in forest use shall be stocked according to the levels specified in the Forest Practices Rules 629-24-501 (1990). The forest management plan shall include specified actions necessary for the maintenance of planted trees. Within one year following the harvest on lands not planned for reforestation, adequate vegetative cover shall be established to provide soil stabilization and to minimize aesthetic impacts within one year following the harvest.

No trees shall be harvested within 50 feet of the U.S. Highway 101 right-of-way. Trees located in this area shall not be included in the calculation of the site's initial basal area.

Overall conditional use standard, Section 17.86.080(A), shall not be applicable to forest management.

Spaces for double-wide units (24 to 28 feet wide) shall be a minimum of 5,000 square feet,

Spaces for single-wide units (14 to 16 feet wide) shall be 4,000 square feet.

Spaces for "park model" units (eight feet wide) shall be 3,000 square feet. Park model units are defined as small manufactured dwellings designed for permanent occupancy, and do not include recreational vehicles;

Front yard, 15 feet,

Side yards, five feet,

Rear yard, 15 feet;

An estuarine location is required, and a public need exists, and

Alternative nonaquatic locations are unavailable or impractical, and

Dredge, fill, and adverse impacts are avoided or minimized.

The priorities for shoreline stabilization for erosion control are, from highest to lowest:

Where rip-rap, bulkheads or seawalls are proposed as protective measures, evidence shall be provided that high priority methods of erosion control will not work.

Structural shoreline stabilization methods for beachfront protection shall be permitted only if:

These criteria shall apply to structural shoreline stabilization both east and west of the State Zone Line.

A need (i.e., a substantial public benefit) is demonstrated and the use or alteration does not unreasonably interfere with public trust rights, and:

Flooding or erosion is threatening an established use on a subject property;

The proposed project will not restrict existing public access to publicly owned lands or interfere with the normal public use of fishery, recreation or water resources;

Visual impacts are minimized;

The proposed project will not adversely impact adjacent aquatic areas or nearby property through increased erosion, sedimentation, shoaling or other changes in water circulation patterns. An affidavit from a registered engineer, geologist or hydrologist may be required to demonstrate this;

The project is timed to minimize impacts on aquatic life;

Long-term or recurring costs to the public are avoided.

Materials, vehicles or parts shall be stored in an enclosed structure;

Noise, odor, smoke, gases, fallout, vibration, heat or glare resulting from the cottage industry shall not be detectable beyond the limits of the property;

Sight-obscuring landscaping of at least 20 feet in width shall be maintained between the use and adjacent properties or public streets;

The use must be a low-traffic generator;

Other than family members residing on the premises, no more than one other employee may be hired;

Signs shall not exceed one square foot in area and shall comply with the provisions of Chapter 17.62;

Off-street parking and access shall be designed to be adequate for customers without creating a commercial parking lot appearance on the site. Chapter 17.68 shall apply;

Uses involving nonresident employees and the delivery of materials shall limit their hours of operation to between 8:00 a.m. and 6:00 p.m.;

Waste disposal shall comply with Department of Environmental Quality requirements;

A structure built to house a cottage industry shall be reviewed by the design review board subject to pertinent criteria in Chapter 17.70;

The cottage industry shall only be operated by residents of the property and shall not be leased, sold, conveyed, or any interest therein transferred separately from the residence.

Approve the use as it exists; or

Require that it be terminated; or

Impose restrictions such as limiting hours of operation.

Dredging in aquatic areas shall only be permitted if required for one or more of the following uses and activities:

The above mentioned dredging in aquatic areas shall be allowed only if:

Fill in estuarine areas shall be permitted only if required for:

Filing in estuarine areas shall be allowed only if:

Fish and wildlife habitats and essential properties of the estuarine resource (e.g., dynamic geologic processes, continued biological productivity, unique or endemic communities or organisms, species diversity);

Water quality and water circulation;

Recreational use of the estuary.

Fish and wildlife habitats and essential properties of the estuary;

Water quality and water circulation;

Recreational use of the estuary, including public access.

No feasible alternative upland locations exist; and

Adverse impacts are minimized.

Boating;

Aquatic life and habitat;

Water circulation and sediment transport;

Water quality;

Recreational uses.

Reconstruction. If a structure devoted to a nonconforming use is destroyed or damaged by any cause other than actions of the owner of that structure or his agents, that structure may be rebuilt. The construction or reconstruction of the structure shall:

Alteration. A structure devoted to a nonconforming use may be structurally altered, but not enlarged or altered in a manner that changes the external dimensions of the structure.

Expansion. A structure devoted to a nonconforming use may not be enlarged, expanded or reconstructed.

A building permit for the construction or reconstruction of a structure devoted to a nonconforming use thus damaged or destroyed shall be obtained within one year of the date that the damage or destruction occurred. If a building permit is not obtained within one year, the use of the property shall be in conformance with the requirements of the zone in which it is located.

If a nonconforming use involving a structure is discontinued for a period of one year, further use of the property shall conform to this chapter.

If a nonconforming use not involving a structure is discontinued for a period of six months, further use of the property shall conform to this chapter.

A use existing on June 19, 1979 which was a permitted or conditional use in its use zone, as indicated by Ordinance 79-4 and the land use and zoning map contained therein, but which, as the result of a zoning ordinance map or text change, is no longer a permitted or conditional use in its use zone; or

A use constructed after June 19, 1979 in a use zone in which it was a permitted or conditional use, but which, as a result of a zoning ordinance map or text change, is no longer a permitted or conditional use in its use zone.

Reconstruction. If a structure devoted to a pre-existing use is destroyed or damaged by any cause other than actions of the owner of that structure or his agents, that structure may be rebuilt. There shall be no time limit on the reconstruction of a damaged or destroyed preexisting use. The construction or reconstruction of the structure shall:

Building Expansion. Pre-existing uses may be structurally altered, enlarged, expanded or reconstructed on an existing site subject to the standards (e.g., building height, setbacks) of the use zone in which the use is located. In addition, the density of preexisting motels shall not exceed one motel unit per 1,000 square feet of site area. Building expansion shall include the construction of nonstructural improvements such as parking. Building expansion, other than structural alteration, of a pre-existing use that was previously a conditional use, shall require a public hearing pursuant to Section 17.16.070, Public hearing procedure and requirements. The standards for reviewing the proposed building expansion, other than structural alteration, are:

Site Expansion. A site expansion of a pre-existing use, beyond the existing site, shall occur only:

Definition of Existing Site. For the purpose of subsections (C)(2) and (3) of this section, "existing site" means the lot or lots on which the pre-existing use was situated at the time the use became nonconforming.

Change of Use. A pre-existing use may be changed to a conforming use. However, after a pre-existing use is changed to a conforming use it shall thereafter not be changed to a use that does not conform to the use zone in which it is located.

Discontinuance of Use. If a pre-existing use involving a structure is discontinued for a period of one year, further use of the property shall conform to the ordinance codified in this chapter.

Determination of a Pre-existing Use. Where there is a difference between the city and a property owner on whether a particular use should be classified as a pre-existing use or a nonconforming use, the burden of proof is on the property owner to show that the definitions and requirements of this section have been met.

That a strict or literal interpretation and enforcement of the specified requirement would result in practical difficulty or unnecessary hardship and would be inconsistent with the objectives of the comprehensive plan; and

That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to other properties in the same zone; and

That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the near vicinity; and

That the granting of the variance would support policies contained within the comprehensive plan.

That neither present nor anticipated future traffic volumes generated by the use of the site or use of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the requirements of this title; or the granting of the variance will protect a wetland or wetland buffer area; and

That the granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to materially interfere with the free flow of traffic on the streets;

That the granting of the variance will not create a safety hazard or any other condition inconsistent with the general purpose of this title or policies contained within the comprehensive plan.

That there are special circumstances or conditions affecting such property;

That the exception is necessary for the proper design and/or function of the subdivision; and

That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated. Examples of what may be deemed injurious to other property are (but are not limited to): increased risk of geologic hazard, reduction of privacy, impact upon a significant view and additional traffic generation.

The planning commission may authorize a variance from these regulations in case of a plan for cluster development which, in the judgment of the planning commission, provides adequate public spaces and includes provisions for efficient circulation, light and air and other needs. In making its findings, as required in this chapter, the planning commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the planning commission finds:

Persons proposing to clear, grade, excavate or fill land (regulated activities) shall obtain a development permit as prescribed by this chapter unless exempted by Section 17.92.030. A development permit is required where:

A development permit for regulated activities in conjunction with a structure requiring a building permit shall be reviewed pursuant to Chapter 17.12, Development Permit.

A development permit for regulated activities in conjunction with a subdivision or partition shall be reviewed in conjunction with construction drawings as required by Section 17.124.020.

A development permit for regulated activities not in conjunction with building permit, subdivision, or partition shall be reviewed pursuant to Chapter 17.12. However, notice to adjacent property owners is not required.

Residential landscaping and gardening activities up to 2,000 square feet in area;

Forest management undertaken pursuant to Section 17.86.150; or

Construction which disturbs five acres or more. Such activities are regulated by the Oregon Department of Environmental Quality through its stormwater program.

An application for a development permit for regulated activities subject to the requirements of this chapter shall include the following:

The city may require a grading plan prepared by a registered civil engineer where the disturbed area has an average slope of 20 percent or greater, the disturbed area is located in a geologic hazard area or is part of a subdivision or partition. Such a grading plan shall include the following additional information:

The city may require that the sedimentation and erosion control plan be prepared by a registered civil engineer where the disturbed area is greater than one acre in size, or the disturbed area has an average slope of 20 percent or greater.

Cuts.

Fills.

Drainage.

Natural vegetation should be retained and protected wherever possible.

Stream and wetland areas shall only be disturbed in conformance with the requirements of Chapter 17.102 Wetland Overlay Zone and Chapter 17.116 Stream Corridor Protection.

In dune areas, erosion and sedimentation control measures shall also meet the requirements of Section 17.110.020, Wind erosion prevention plan.

Sedimentation barriers, such as filter fences and straw bales, shall be placed to control sedimentation from entering streams, wetlands, or adjoining property. The sedimentation barriers shall be installed prior to site clearance or grading activities.

Critical areas, as determined by the city manager, cleared of vegetation may be required to be temporarily stabilized with mulch, sod, mat or blanket in combination with seeding, or equivalent nonvegetative materials such as mat or blanket if in the opinion of the manager such an area represents an erosion hazard. Prior to the completion of construction, such slopes shall be permanently stabilized by seeding.

Stormwater inlets and culverts shall be protected by sediment traps or filter barriers.

Soil storage piles or fill shall be located so as to minimize the potential for sedimentation of streams, wetlands or adjacent property. Where, in the opinion of the manager, a soil storage area or fill has the potential for causing sedimentation of streams, wetlands or adjoining property, the manager may require temporary stabilization measures.

Temporary sedimentation control, not in conjunction with a structure, may be required.

Erosion and sedimentation control measures shall be maintained during the period of land disturbance and site development in a manner that ensures adequate performance.

The city manager may require a graveled entrance road, or equivalent, of sufficient length, depth, and width to prevent sedimentation from being tracked onto streets.

Trapped sediment and other disturbed soils resulting from sediment control measures shall be removed or permanently stabilized to prevent further erosion and sedimentation.

Measurable amounts of sediment that leave the site shall be cleaned up and placed back on the site or properly disposed of.

All temporary erosion and sedimentation control measures shall remain in place until the disturbed area is stabilized with permanent vegetation.

Under no conditions shall sediment from the construction site be washed into storm sewers, drainage ways or streams.

A ground cover will be established on exposed soils as soon as possible after finish grading or construction is complete.

No more than 10 cubic yards of fill shall be placed on an undeveloped site within a calendar year.

The city may make periodic inspections to ascertain that erosion and sediment control measures as proposed have been implemented and are being effectively maintained.

An amendment to the text of the ordinance codified in this title;

A zone change action that the city manager has designated as legislative after finding the matter at issue involves such a substantial area and number of property owners or such broad public policy changes that processing the request as a quasi-judicial action would be inappropriate.

The amendment is consistent with the comprehensive plan; and

The amendment will not adversely affect the ability of the city to satisfy land and water use needs.

The amendment is consistent with the comprehensive plan;

The amendment will either:

The land is physically suitable for the uses to be allowed, in terms of slope, geologic stability, flood hazard and other relevant considerations;

Resource lands, such as wetlands are protected; and

The amendment is compatible with the land use development pattern in the vicinity of the request.

The uses permitted;

Public facility improvements such as street improvements, dedication of street right-of-way, sewer, storm drainage, and water;

That all or part of the development or use be deferred until certain events, such as the provision of certain public facilities to the property, occur; or

The time frame in which the proposed use associated with the zone boundary change is to be initiated.

They are necessary to achieve a valid public purpose; and

They are designed to achieve their intended purpose and are reasonably related to the land or its proposed use.

They are necessary to achieve a valid public purpose;

They are designed to achieve their intended purpose and are reasonably related to the land or its proposed use; and

They shall not have the effect, either singly or cumulatively, of discouraging or preventing the construction of needed housing types.