Lincoln City City Zoning Code
CHAPTER 17
04 GENERAL PROVISIONS
§ 17.04.010 Title.
This title shall be known and may be cited as the "zoning ordinance of Lincoln City, Oregon," and shall be referred to herein as "this title."
(Ord. 84-2 § 1.010)
§ 17.04.020 Purpose, policy and construction.
A.
This title has been designed in accordance with the goals, policies and statements of intent of the adopted comprehensive plan for the city of Lincoln City and its environs. It is the general purpose of this title, therefore, to provide one of the principal means for the implementation of the comprehensive plan of Lincoln City.
B.
In adopting the ordinance codified in this title, the city council is responding to the growth and development of Lincoln City and its attendant problems, and is anticipating that as future growth and urbanization continues, sensitive control will be required in order to preserve and enhance the amenities necessary to maintain and improve the prosperity and appearance of the community.
C.
This title is designed to classify, designate and regulate the location and use of buildings, structures, agricultural, residential, commercial, industrial and other uses in appropriate places and, for said purposes, to divide the city into districts of such number, shape and area as be deemed best suited to carry out these regulations and provide for their enforcement; to encourage the most appropriate use of lands; to conserve and preserve natural resources; to conserve and stabilize the value of property; to provide adequate open space for light and air and prevention of fires; to prevent undue concentrations of population; to lessen congestion of streets; to facilitate adequate provisions for community utilities such as transportation, water, sewerage, schools, parks and other public requirements; and to promote the public health, safety and general welfare.
D.
To further implement the comprehensive plan of Lincoln City, the ordinance codified in this title is adopted for the following special purposes:
1.
To promote coordinated, sound development, taking into consideration the city's natural environment, amenities, view and the appearance of its buildings and open spaces;
2.
To achieve a balanced and efficient land use pattern, to protect and enhance real property values, to promote safe and uncongested traffic movement and to avoid uses and development which might be detrimental to the stability and livability of the city;
3.
To encourage innovations in residential development and renewal so that the demand for housing may be met by a greater variety in the type and design of dwellings and by the conservation and more efficient and attractive use of open space;
4.
To safeguard and enhance the appearance of the city through the advancement of effective land use, architectural design and site planning, which reflect improvements in the technology of urban development.
E.
This title shall be construed most favorably to provide all the necessary authority to carry out the above purposes and policies.
(Ord. 84-2 § 1.020)
§ 17.04.030 Compliance.
Except as provided in Chapter 17.64 LCMC, no building or other structure shall be constructed, improved, altered, enlarged or moved, nor shall any use or occupancy of premises within the city be changed, nor shall any condition of or upon real property be caused or maintained, after the effective date of the ordinance codified in this title, except in conformity with conditions prescribed for each of the zones established hereunder.
It is unlawful for any person to erect, construct, establish, move into, alter, enlarge, use, or cause to be used, any building, structure, improvement or use of premises located in any zone described in this title contrary to the provisions of this title. Where this title imposes greater restrictions than those imposed or required by other rules or regulations or ordinances, the provisions of this title shall control.
A building, structure, or land shall not be used or occupied, and a change in the existing character, land use, or building occupancy classification of a building or structure or portion therefor, or land, shall not be made, until a certificate of occupancy has been issued for such change in character, use, or occupancy classification. A certificate of occupancy shall not be issued until the site complies with all applicable municipal and state ordinances, codes, regulations, and standards as evidenced by approvals from the building official, director, city engineer, and fire marshal.
The issuance or granting of any city permit or license, or the review or approval of any application, shall not be construed to be a permit or license for, or an approval of, any violation of any of the provisions of this title. Permits, licenses, or approvals (whether by mistake or by design) purporting to waive or cancel the mandatory provisions of this title shall not be valid. Participants in local land use proceedings must ascertain for themselves, from the local code, what they must do to protect their rights. Estoppel cannot arise from an action of a city official who purports to waive the provisions of a mandatory ordinance or otherwise exceeds their authority. The issuance of a permit or license, or the approval of an application, based on documents, plans, and other data shall not prevent the director from requiring correction of errors in the documents, plans, and other data.
(Ord. 84-2 § 1.030; Ord. 2022-15 § 1; Ord. 2022-25 § 1)
§ 17.04.040 Conflicts.
If conflicts occur between any requirements in this title, the strictest requirement shall apply. If conflicts occur between any requirements in this title and any other rule or regulation, the strictest requirement shall apply.
(Ord. 2023-04 § 1)
§ 17.04.050 Restriction.
No development shall occur unless city water and city sanitary sewer services are available and utilized to serve such development. "Development" is defined in LCMC § 17.08.010. Standards for installation and construction of city water and city sanitary sewer services shall be those outlined in LCMC Titles 12 and 13 and Lincoln City's public works design standards. Exception: Existing lots of record less than five acres in area which do not front on a public sewer line but which will be connected to a public water line may be developed with one detached or attached single-unit dwelling, one manufactured dwelling, or one prefabricated structure utilizing an approved subsurface sewage disposal system, provided a deferred improvement agreement is executed and recorded by the owner of record consenting to the establishment of a local improvement district to participate in future public sewer system extensions and connections.
(Ord. 2023-04 § 2; Ord. 2023-26 § 2)
