Lincoln City City Zoning Code
CHAPTER 17
80 PROVISIONS APPLYING TO SPECIAL USES
§ 17.80.010 Schools.
A.
Nursery schools, day care centers and kindergartens shall have a minimum site size of 10,000 square feet and shall provide and thereafter maintain outdoor play areas with a minimum area of 100 square feet per child of total capacity. In all zones, a sight-obscuring fence of at least five feet but not more than six feet in height shall be provided separating the play area from abutting lots. Adequate off-street parking and loading shall be provided pursuant to Chapter 17.56 LCMC.
B.
Elementary schools shall provide one acre of site area for each 90 pupils or one acre for every three classrooms, whichever is greater.
C.
Secondary schools shall provide one acre of site area for each 75 pupils or one acre for every two and one-half classrooms, whichever is greater.
(Ord. 84-2 § 10.010; Ord. 92-3 § 4)
§ 17.80.020 Utility substation or pumping substation.
In the case of a utility substation or pumping substation, the planning commission may waive the minimum lot size requirement of the underlying zone only if it is determined that the waiver will not have a detrimental effect on adjacent property.
(Ord. 84-2 § 10.020; Ord. 92-3 § 4)
§ 17.80.030 Automobile service station.
Automobile service stations shall comply with the following development standards:
A.
Site and Location.
1.
The minimum area for a service station site shall be 14,000 square feet.
2.
The minimum street frontage on a corner lot shall be 120 feet.
3.
The minimum street frontage on an interior lot shall be 150 feet.
(Ord. 84-2 § 10.030; Ord. 92-3 § 4)
§ 17.80.040 Standards for mobile home parks or manufactured dwelling parks, recreational vehicle parks, and tiny house developments.
A.
Mobile Home Park or Manufactured Dwelling Park Standards.
1.
All mobile home parks or manufactured dwelling parks shall comply with state statutes. ORS 197.493 allows the siting of RVs occupied as dwellings in a mobile home park or manufactured dwelling park that is lawfully connected to utilities.
2.
If space for a mobile home or manufactured dwelling in the park is located more than 500 feet from a public fire hydrant, the mobile home park or manufactured dwelling park shall install and maintain hydrants so that no mobile home or manufactured dwelling within the mobile home park or manufactured dwelling park shall be more than 500 feet from a hydrant when the park is fully occupied. Each hydrant shall be adjacent to a vehicular way within the mobile home park or manufactured dwelling park and shall conform in design and capacity to the public hydrant standards in the city.
3.
Except at driveway accesses, a sight-obscuring fence at least five but no more than six feet in height shall be located 10 feet back from the outer boundary of the mobile home park or manufactured dwelling park. The mobile home park or manufactured dwelling park shall be landscaped in accordance with Chapter 17.55 LCMC and reviewed as part of development review pursuant to LCMC § 17.77.070.
4.
Storage space (for boats, campers, etc.) shall be provided within the mobile home park or manufactured dwelling park at the rate of one 10-foot by 20-foot space in size for every four mobile homes or manufactured dwellings within the park's designed maximum capacity. Adequate maneuvering room shall be provided.
5.
Repealed by Ord. 2023-26.
6.
Every mobile home park or manufactured dwelling park must have a resident manager. The resident manager shall maintain a permanent residence within the mobile home park or manufactured dwelling park and shall be either the owner or owner's authorized agent charged for the care and control of the mobile home park or manufactured dwelling park. The owner of the mobile home park or manufactured dwelling park shall notify the director of the name of the original resident manager and all changes thereto within 14 days after any change takes place.
7.
Every mobile home park or manufactured dwelling park is subject to development review in LCMC § 17.77.070.
B.
Recreational Vehicle Park Standards.
1.
Surface drainage plans for the entire park shall be reviewed by the city manager or designee. Exposed ground surfaces in all parts of the park shall be paved, or covered with stone screening or other solid materials, or protected with a vegetative growth capable of preventing soil erosion and of eliminating objectionable dust.
2.
The space provided for each recreational vehicle shall not be less than 1,200 square feet. To the greatest extent possible, parks should be developed to preserve their natural character.
3.
Each site for an individual recreational vehicle shall contain a paved pad of at least 400 square feet.
4.
Recreational vehicles shall be separated from each other and from other structures by at least 10 feet. Any accessory structure attached to the recreational vehicle shall, for purposes of this separation requirement, be considered to be part of the recreational vehicle.
5.
Off-street parking and loading shall be provided in accordance with Chapter 17.56 LCMC.
6.
Roadways shall not be less than 30 feet in width if parking is permitted on the margin of the roadway or less than 20 feet in width if parking is not permitted on the edge of the roadway. All such roadways shall be paved with asphalt or concrete and be designed to permit easy access to each recreational vehicle space for recreational vehicles of at least 35 feet in length.
7.
Except for the driveway accesses for the park, a sight-obscuring fence at least five but not more than six feet in height shall be located five feet back from the outer boundary of the recreational vehicle park. The area between the sight-obscuring fence and the recreational vehicle park boundary shall be landscaped, along with the remainder of the site, in accordance with Chapter 17.55 LCMC. The fence and landscaping shall be approved by the applicable review authority.
8.
Trash receptacles for the disposal of solid waste materials shall be provided in convenient locations for the use of guests of the park in such number and of such capacity that there is no uncovered accumulation of trash at any time, and that such containers shall be surrounded by sight-obscuring fence.
9.
The park is to be maintained in a neat appearance at all times. Except for vehicles, there shall be no outside storage of materials or equipment belonging to the park or to any guest of the park.
C.
Tiny House Developments.
1.
Tiny houses are allowed in a tiny house development at a density of one tiny house for each 1,200 square feet of land area.
2.
Neither tiny houses or tiny house developments shall be used as short-term rentals.
3.
Tiny houses must be separated from each other and from other structures by at least 10 feet, and at the perimeter of the development must comply with the setback requirements of the R1 zone.
4.
A tiny house development must provide at least one off-street parking space for each tiny house. Parking spaces may be clustered and need not be located immediately adjacent to the individual tiny houses they serve.
5.
All tiny houses in a tiny house development must comply with all applicable Oregon building code requirements.
6.
A tiny house development is subject to development review in LCMC § 17.77.070.
(Ord. 84-2 § 10.040; Ord. 92-3 § 4; Ord. 92-8 § 12; Ord. 2019-05 § 4; Ord. 2020-13 § 23; Ord. 2022-15 § 59; Ord. 2023-26 § 29; Ord. 2024-06 § 12)
§ 17.80.050 Short-term rental use criteria. [1]
A.
Purpose.
1.
Purpose. The use of dwelling units as short-term rentals is allowed in recognition of the fact that property owners may desire to allow others to use their dwelling as a short-term rental and that many individuals visiting Lincoln City desire the use of a private dwelling unit as their accommodation, rather than a hotel, motel, resort, or similar.
2.
Basis. The city council finds:
a.
The use of dwelling units as short-term rentals can have a perceived negative effect on Lincoln City neighborhoods by creating nuisances including but not limited to excessive loud noise, excessive numbers of parked vehicles interfering with vehicle access along public roadways and blocking private drives, and litter migrating onto adjacent properties from untended solid waste receptacles.
b.
An absentee owner may not be aware of the extent to which use of a dwelling unit as a short-term rental potentially causes negative effects on neighboring properties and the livability of a neighborhood.
c.
All owners of property in the city have a common interest in maintaining and promoting livable and viable neighborhoods for residents and visitors alike.
B.
Short-Term Rental Requirements. Except where noted, the following requirements apply to all short-term rentals in the city:
1.
Ownership. The land use approval of the dwelling unit as a short-term rental in any zone is in the names of the property owners and the land use approval, as well as the short-term rental operating license required in Chapter 5.14 LCMC, is not transferable. When any of the owners sell or transfer the property approved, occupied, or rented as a short-term rental, the short-term rental land use approval shall cease.
a.
For purposes of this chapter, "sale or transfer" means any change of ownership during the lifetime of any of the owners, whether or not there is consideration, or after the death of any of the owners, except a change in ownership where title is held in survivorship with a spouse or domestic partner, or transfers on the owner's death to a trust which benefits only a spouse or domestic partner for the lifetime of the spouse or domestic partner. An owner may transfer ownership of the real property to a trustee, a limitied liability company, a corporation, a partnership, a limited partnership, a limited liability partnership, or other similar entity and not be subject to loss of short-term rental land use approval so long as the transferor lives and remains the only owner of the entity to which ownership was transferred. Upon the transferor's death or upon the sale or transfer of his or her interest in the entity to another person, the short-term rental land use approval shall terminate.
b.
For purposes of this chapter, "person" means the natural person or legal entity that owns and holds legal and/or equitable title to the property. If the owner is a natural person, or where the natural person has transferred the property to a trust of which the natural person is the trustor, that person can have an ownership right, title, or interest in no more than one dwelling unit in a residential zone that has short-term rental land use approval and/or a short-term rental operating license. If the owner is a business entity such as a partnership, corporation, limited liability company, limited partnership, limited liability partnership or similar entity, any person who owns an interest in that business entity shall be considered an owner and such a person can have an ownership right, title, or interest in no more than one dwelling unit in a residential zone that has short-term rental land use approval and/or a short-term rental operating license.
2.
Zoning for Short-Term Rentals.
a.
Subject to compliance with LCMC § 17.80.050 and Chapter 5.14 LCMC, dwelling units may be used as short-term rentals in the following zones: R1-5, R1RE, RC, GC, VR, OPOF, OPIM, OPMSH, NBD, NBMU, and TVC.
i.
The total number of short-term rentals in the R1-5 zone shall not exceed 194.
b.
In the R1RE zone, all existing licensed short-term rentals and those with complete applications per ORS 227.178(3) on the effective date of the ordinance codified on November 22, 2017, shall be allowed to continue to operate as legal nonconforming uses without limits on the number of nights for which they may be rented. Nonconforming uses are subject to loss of such status per Chapter 17.64 LCMC and this section. Specifically, discontinuance or abandonment of short-term rental operations, including but not limited to failure to maintain a short-term rental operating license pursuant to Chapter 5.14 LCMC for a period of six months or more, shall constitute termination of the nonconforming unlimited short-term rental use. The director is prohibited from granting extensions to the six-month discontinuance time period. When the total number of nonconforming unlimited short-term rentals in the R1RE zone is reduced to 91, a cap of 91 shall be triggered on such unlimited short-term rentals and all existing nonconforming unlimited short-term rentals at or under the cap of 91 will be rendered permitted uses. In the R1RE zone, a sale or transfer, as defined in subsection (B)(1) of this section, of a short-term rental property shall terminate the nonconforming unlimited short-term rental land use approval and use, provided the sale or transfer occurs at least seven years after the effective date of the ordinance codified in this section, said effective date being November 22, 2017. Seven years after November 22, 2017, is November 22, 2024.
3.
Off-Street Parking. One off-street parking space shall be provided on the site for each bedroom in a dwelling unit used as a short-term rental, and no less than two off-street parking spaces shall be provided on the site for each dwelling unit used as a short-term rental. All required off-street parking spaces shall meet the sizing and surfacing requirements of Chapter 17.56 LCMC. If the site does not or cannot meet the off-street parking requirements and also meet all the other standards and requirements of this section, the overnight occupancy of the dwelling unit when in use as a short-term rental shall be reduced to conform to the available number of off-street parking spaces on the site that meet the sizing and surfacing requirements of Chapter 17.56 LCMC and made a condition of licensing under Chapter 5.14 LCMC.
a.
The director has the discretion to require such changes as are necessary to conform the dwelling unit to available approved off-street parking on the site and shall inspect the dwelling unit as necessary to confirm the occupancy has been so conformed prior to approving the use. An example is changing a bedroom to another use.
b.
No more vehicles shall be parked on the property than there are designated off-street parking spaces that meet the sizing and surfacing requirements of Chapter 17.56 LCMC.
c.
No variance from the off-street parking requirements is allowed.
4.
Solid Waste. The property owners must provide securable receptacles of sufficient size and number to contain all solid waste generated by the short-term rental use and subscribe to a solid waste collection service for service sufficient to ensure adequate and timely collection of solid waste during all times the site is in use as a short-term rental. No dumpsters are allowed.
5.
Landscaping. Landscaping shall be installed and maintained in compliance with all the landscaping requirements listed in Chapter 17.55 LCMC, except LCMC § 17.55.040 does not apply. Additionally, a minimum of 50 percent of the front setback area must be landscaped for short-term rentals located in the R1-5 and R1RE zones.
6.
Signs. Signs shall be in compliance with the sign requirements listed in LCMC § 17.72.060(B) and Chapter 9.34 LCMC.
7.
Transient Room Tax. The property owners shall comply with Chapter 3.04 LCMC.
8.
Short-Term Rental Operating License. Prior to making a dwelling unit available for use as a short-term rental, including advertising by any means or otherwise offering the dwelling unit for short-term rental use, the property owners shall obtain a valid short-term rental operating license, pursuant to Chapter 5.14 LCMC.
9.
Subject to the limitations and provisions of this section and of Chapter 5.14 LCMC, a short-term rental located in the R1-7.5, R1-10, RM, RR, or NCR zone that, prior to December 1, 2016, had received a short-term rental land use approval and a short-term rental operating license approval for the 2016 license year, and that has such approvals remaining valid as of January 18, 2017, may continue to operate as nonconforming approvals pursuant to the land use terms and conditions of their existing land use approvals. Except for existing conditional use approvals, this authorization terminates upon the sale or transfer of the property as defined in subsection (B)(1) of this section.
C.
Prior Existing Use.
1.
Application of Chapter 17.60 LCMC, Conditional Uses. Any dwelling unit approved as a short-term rental (previously known as a vacation rental dwelling) by the city under the conditional use standards of Chapter 17.60 LCMC as in effect prior to November 21, 2007, and lawfully conducted may continue as a nonconforming use after such date, provided the occupancy of the dwelling unit as a short-term rental is lawfully conducted under a valid short-term rental operating license as required by this section and Chapter 5.14 LCMC. The property owners of the dwelling unit have the burden of establishing a prior approved conditional use when applying for or renewing a short-term rental operating license.
2.
A short-term rental that is not a conditional use and was approved by the city prior to November 21, 2007, shall be allowed to continue provided the property owners obtain, maintain, and renew the short-term rental operating license as required by this section and Chapter 5.14 LCMC. Provided the occupancy is otherwise lawfully conducted, the use may continue until such time as the property owners sell, transfer, or convey the property to which the approved use and short-term rental operating license apply. The property owners have the burden of establishing a prior approved use when applying for or renewing a short-term rental operating license.
3.
A short-term rental accessory use (use of the dwelling unit as a short-term rental for no more than 30 nights per calendar year) that was approved by the city prior to November 23, 2023, shall be allowed to continue provided the property owners obtain, maintain, and renew the short-term rental operating license for a short-term rental accessory use as required by this section and Chapter 5.14 LCMC. Provided the occupancy is otherwise lawfully conducted, the use may continue until such time as the property owners sell, transfer, or convey the property to which the approved short-term rental accessory use and short-term rental operating license apply. The property owners have the burden of establishing a prior approved short-term rental accessory use when applying for or renewing a short-term rental operating license for a short-term rental accessory use.
4.
Except as specifically provided in this subsection, any use conducted under this subsection (C) must otherwise conform to all requirements of this section and other applicable code provisions, including but not limited to Chapters 3.04 and 5.14 LCMC.
D.
Violations.
1.
Offering or making available a dwelling unit for occupancy, use, or rent, as a short-term rental, with or without an exchange of value or other consideration, without first obtaining land use approval for short-term rental use under this section and then obtaining the required short-term rental operating license under Chapter 5.14 LCMC, is a violation and enforceable as a Class B violation.
a.
Proof the dwelling unit is advertised, listed with an agent, or publicly described in any manner by the property owners or property owners' agent as a short-term rental creates a rebuttable presumption that a short-term rental exists and is available for occupancy, use, or rent.
b.
Oral or written statements indicating a dwelling unit is or was made available for occupancy, use, or rent, including but not limited to any advertisement, offer, agreement, or correspondence in any medium, made on or about the date of an alleged violation, are admissible in court for the purpose of establishing a presumption that the dwelling unit was available for occupancy, use, or rent as a short-term rental on the date of the alleged violation, whether or not the dwelling unit was actually occupied, used, or rented as a short-term rental on such date.
c.
When a dwelling unit is shown to be made available on a particular date as a short-term rental, it is presumed the short-term rental continues to be made available unless the defendant proves otherwise.
2.
Operating a short-term rental in violation of any of the requirements of this section is a Class B violation enforceable as provided in Chapter 1.16 LCMC, a nuisance, and grounds for immediate termination and revocation of the short-term rental operating license under Chapter 5.14 LCMC.
3.
A person convicted of violating this section is subject to a fine as a penalty as established in Chapter 1.16 LCMC. Each day of violation is a separate violation. Any conviction of any violation of any portion of LCMC § 17.80.050 shall result in immediate termination and revocation of the short-term rental operating license, effective on the date and at the time of the conviction.
(Ord. 84-2 § 10.050; Ord. 92-3 § 4; Ord. 95-15 § 16; Ord. 2002-02 § 2; Ord. 2007-11 § 1; Ord. 2008-07 § 1; Ord. 2008-17 § 1; Ord. 2009-02 § 1; Ord. 2009-11 § 4; Ord. 2015-10 §§ 5, 6; Ord. 2016-20 §§ 9 – 11, 13, 14; Ord. 2017-10 § 1; Ord. 2017-17 §§ 3, 4; Ord. 2019-01 § 1; Ord. 2022-15 §§ 60 – 64; Ord. 2022-25 § 78; Ord. 2023-24 § 17)
[1]
Editor's note: Ordinance 2009-11 §§ 2, 3 provide:
The provisions of Ordinance Nos. 2007-11 and 2008-07 as readopted in Section 1 will continue to apply to all vacation rental dwelling permits issued under those ordinances as of June 21, 2009, until such time as the permits expire under their terms or on the latest possible renewal date, or expire by operation of law under Ordinance Nos. 2007-11 and 2008-07, whichever comes first.
A vacation rental permit due to expire December 31, 2009, will be subject to renewal only as a license under the provisions of Ordinance Nos. 2009-02 and 2009-03.
§ 17.80.060 Bed and breakfast accommodation standards.
Bed and breakfast accommodations shall comply with the following standards:
A.
All residences used for bed and breakfast accommodations shall be owner-occupied. No separate structures shall be allowed.
B.
No more than 25 percent of the entire structure but no more than two bedrooms shall be used as a part of the bed and breakfast accommodation.
C.
Each room rented shall not be rented for a period to exceed 15 consecutive days.
D.
Maximum signage of one and one-half square feet shall be allowed in residentially zoned areas of the city.
E.
Bed and breakfast accommodations must maintain the landscaping requirements of LCMC § 17.55.030.
F.
Bed and breakfast accommodations shall provide off-street parking spaces as required in Table 17.56.030-1 in Chapter 17.56 LCMC.
(Ord. 84-2 § 10.060; Ord. 95-15 § 17; Ord. 2020-13 § 28; Ord. 2022-15 § 65)
§ 17.80.070 Essential emergency communications and warning facilities.
A.
Essential emergency communications, early warning and associated emergency facilities are not required to comply with the minimum lot size, parking, landscaping, city services availability, or setback requirements of the zone in which they are located.
B.
Essential emergency communications, early warning and associated emergency facilities are not required to comply with the requirements, guidelines, or standards of either LCMC § 17.77.070 or Chapter 17.74 LCMC, or any other development review or design standards, guidelines, or requirements contained in this code.
C.
Essential emergency communications, early warning and associated emergency facilities are permitted in any zone, except open space, and are not to be located on environmentally sensitive lands and resources, including but not limited to Goal 5 resources, coastal shortlands, beaches and dunes or estuarine resource areas.
(Ord. 84-2 § 10.070; Ord. 2005-14 § 13; Ord. 2019-24 § 2; Ord. 2020-10 § 15; Ord. 2022-15 § 66)
§ 17.80.080 Animals and gardens. [1]
A.
Animals. The keeping of small animals, farm animals, domestic fowl, and worms is permitted in all zones as an accessory use to any principal use permitted outright or to a permitted conditional use, in each case subject to the standards of this section.
1.
Small Animals. Up to three small animals may be kept accessory to each business establishment or dwelling unit on a lot, except as follows:
a.
In no case is more than one miniature potbelly pig allowed per business establishment or dwelling unit.
b.
In residential zones:
i.
Accessory dwelling units shall not be considered separate dwelling units for the purpose of this section;
ii.
Up to four small animals are permitted on lots of at least 20,000 square feet; and
iii.
One additional small animal is permitted for each 5,000 square feet of lot area in excess of 20,000 square feet. Accessory structures, including kennels, for four or more animals must be at least 10 feet from any other lot in a residential zone.
2.
Domestic Fowl. Up to five domestic fowl may be kept accessory to any principal use on any lot in addition to the small animals permitted in subsection (A)(1) of this section. For each 1,000 square feet of lot area in excess of the minimum lot area required for the zone or, if there is no minimum lot area, for each 1,000 square feet of lot area in excess of 5,000 square feet, one additional domestic fowl may be kept. Accessory structures for domestic fowl, such as coops (including portable coops), must be at least 10 feet away from any property line and any dwelling, excepting the property owner's own residence. The keeping of peafowl is prohibited.
3.
Farm Animals. Cows, horses, sheep and other similar farm animals are permitted accessory to any principal use only on lots of at least 20,000 square feet. The keeping of swine is prohibited, except for miniature potbelly pigs allowed under subsection (A)(1)(a) of this section.
a.
One farm animal for every 10,000 square feet of lot area is permitted.
b.
Farm animals and structures housing them must be kept at least 50 feet from any lot in a residential zone.
4.
Vermiculture. Vermiculture is allowed accessory to any principal use on any lot; provided, that the surface area of all bins used for vermiculture does not exceed two square feet for each 1,000 square feet of lot area. Vermiculture bins must be located at least 10 feet from any abutting properties.
B.
Gardens. Gardens are permitted in all zones as an accessory use to any principal use permitted outright or to a permitted conditional use, in each case subject to the standards of this section.
1.
Personal Gardens. Personal gardens are allowed as an accessory use on any lot. Personal gardens may be used to meet part or all of any landscaping requirement set out in this code. Personal gardens may include structures such as cold frames, greenhouses, and hoop houses in any area of the site other than a required front or street side setback area and do not count against the maximum building coverage in any zone, even if the structure requires a building permit. To the extent such structures require a building permit they may not be located closer than three feet to any property line.
2.
Community Gardens. Community gardens, including those allowed as a principal use under the regulations of any zone, may include structures such as cold frames, greenhouses, and hoop houses. If the community garden is a use accessory to a principal use involving a building, such structures may be located in any area of the site other than a required front or street side setback area and do not count against the maximum building coverage in any zone, even if the structure requires a building permit. To the extent such structures require a building permit they may not be located closer than three feet to any property line (five feet in a residential zone). Community gardens may include a tool house or other storage building not exceeding 10 feet by 10 feet or 10 feet in height and not located closer than three feet to any property line. No off-street parking spaces are required for a community garden.
3.
Market Gardens. Market gardens, including those allowed as a principal use under the regulations of any zone, may include structures such as cold frames, greenhouses, and hoop houses. If the market garden is a use accessory to a principal use involving a building, such structures may be located in any area of the site other than a required front or street side setback area and do not count against the maximum building coverage in any zone, even if the structure requires a building permit. To the extent such structures require a building permit they may not be located closer than three feet to any property line (five feet in a residential zone). Market gardens may include a tool house or other storage building not exceeding 10 feet by 10 feet or 10 feet in height and not located closer than three feet to any property line. No off-street parking spaces are required for a market garden that is accessory to a principal use that requires parking. If a market garden is a principal use at least one parking space must be provided for the first 5,000 square feet of garden area or portion thereof, and for each 5,000 square feet of garden area beyond the first 5,000 square feet. Market gardens are not subject to the home occupation requirements of LCMC § 17.52.010(E). Operators of market gardens are subject to the occupation tax requirements of Chapter 5.04 LCMC.
(Ord. 2009-05 § 19; Ord. 2010-06 § 9; Ord. 2017-11 § 1; Ord. 2022-15 § 67; Ord. 2023-26 § 30)
[1]
This section was added by Ord. 2009-05 as LCMC § 17.80.070. It was editorially renumbered to avoid duplication.
§ 17.80.090 Small wind energy systems. [1]
A.
Accessory Use. A small wind energy system is allowed as an accessory use in all zones in which structures are permitted.
B.
General Standards.
1.
The minimum distance between the ground and any part of a rotor blade must be at least 20 feet.
2.
Small wind energy systems may not be illuminated, nor may they bear any signs or advertising.
3.
Small wind energy systems must have automatic braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the support structure, rotor blades, and turbine components.
4.
All wiring serving small wind energy systems must be underground.
5.
Noise produced by small wind energy systems may not exceed 55 dBA measured at the property line.
6.
Small wind energy systems must not cause any interference with normal radio and television reception in the surrounding area, with any public safety agency or organization (including but not limited to police, fire, ambulance, and Coast Guard) radio transmissions, or with any microwave communications link. The owner shall bear the costs of immediately eliminating any such interference should any occur, or must immediately shut down the system or parts of the system causing the interference.
7.
A finish (paint/surface) must be provided for the small wind energy system that reduces the visibility of the facility, including the rotors. In most circumstances this condition may be satisfied by painting the support structure and rotors with flat light haze gray paint. If the support structure is unpainted it must be of a single color throughout its height. The owner must maintain the finish, painted or unpainted, so that no discoloration is allowed to occur.
8.
The diameter of the area swept by the rotors may not exceed 25 feet.
C.
Freestanding Systems – Additional Standards. Small wind energy systems may be mounted on a tower detached from other structures on the lot.
1.
Setback. The minimum setback from any property line, overhead utility line, or public right-of-way shall be a distance equal to the vertical distance from the ground to the tip of a wind generator blade when the tip is at its highest point unless the affected utility, property owner, or governmental entity grants written permission for a lesser setback. In addition to the system's structures, guy wires associated with towers shall meet applicable setbacks for the zone district.
2.
Height. Support structures for freestanding systems may not exceed 80 feet in height.
3.
Security. Support structures for freestanding systems must be unclimbable from the ground to a height of at least 15 feet.
4.
Number. A maximum of one freestanding small wind generator system may be allowed on a parcel of 25,000 square feet or less. One additional freestanding system is allowed for each 12,500 square feet of lot area above 25,000 square feet.
D.
Roof-Mounted Systems – Additional Standards. Small wind energy systems may be mounted on the roof of a structure as an appurtenance.
1.
Height. Roof-mounted systems may not be more than five feet over the maximum allowed height for the structure.
2.
Number. There is no maximum number of roof-mounted systems permitted.
3.
Engineering Report. Before any roof-mounted system is mounted the property owner must submit a report prepared by an Oregon licensed professional engineer attesting to the fact that the structure to which the system will be mounted is or will be sufficiently strong to support the system and to withstand the wind, vibratory, and other loads to which it would be subjected as a result of mounting the system on it. This report is subject to approval by the building official prior to the mounting of the system.
(Ord. 2009-06 § 2; Ord. 2022-25 § 79)
[1]
This section was added by Ord. 2009-06 as LCMC § 17.80.080. It was editorially renumbered to avoid duplication.
§ 17.80.100 Small solar energy systems. [1]
A.
Accessory Use. A small solar energy system is allowed as an accessory use in all zones in which structures are permitted.
B.
General Standards.
1.
Ground-mounted solar energy systems are considered structures and must meet applicable setbacks for the zone district.
2.
Roof-mounted systems shall be mounted as flush as possible to the roof but in any case not more than three feet above the existing roof.
(Ord. 2009-06 § 3)
[1]
This section was added by Ord. 2009-06 as LCMC § 17.80.090. It was editorially renumbered to avoid duplication.
§ 17.80.110 Accessory dwelling unit standards.
A.
Purpose. Accessory dwelling units (ADUs) are allowed to provide property owners with a means of obtaining, through tenants in either the accessory dwelling unit or the principal dwelling unit, rental income, companionship, security, and services; ADUs add affordable units to the existing housing supply; ADUs make housing units available to people who might otherwise have difficulty finding homes within Lincoln City; ADUs create housing units in residential neighborhoods that are appropriate for people at a variety of stages in the life cycle; and ADUs protect neighborhood stability, property values, and the residential appearance of the neighborhood.
B.
Standards. Accessory dwelling units shall conform to the following standards:
1.
Type. Accessory dwelling units may be a portion of the principal dwelling unit, attached to a garage, or a separate, freestanding unit. The principal dwelling unit must be a single-family dwelling if someone wishes to add an accessory dwelling unit.
2.
Floor Area. Accessory dwelling units shall not exceed 800 square feet of floor area or 50 percent of the floor area of the principal dwelling unit, whichever is less; provided, however, that accessory dwelling units that result from the conversion of a level or floor (e.g., basement, attic, or second story) of the principal dwelling may occupy the entire level or floor, even if the floor area of the accessory dwelling unit would be more than 800 square feet.
3.
One Unit. A lot or parcel may have a maximum of one accessory dwelling unit.
4.
Exempt From Density Limits. Accessory dwelling units are exempt from the density standards of the zoning districts in which they are located.
5.
Unity of Ownership. An accessory dwelling unit shall not in any way be segregated in ownership from the principal dwelling unit.
6.
Repealed by Ord. 2023-26.
7.
Short-Term Rental. Neither the accessory dwelling unit nor the principal dwelling unit may be used as a short-term rental.
8.
Sewer Connection. Both the principal dwelling unit and the accessory dwelling unit must be connected to the city sewer system. Neither the accessory dwelling unit nor the principal dwelling unit may use a septic system.
9.
Exempt From Maximum Lot Coverage. Accessory dwelling units are exempt from the maximum building coverage standards of the R1, R1-RE, VR, and RM zones.
(Ord. 2014-08 § 8; Ord. 2019-37 § 1; Ord. 2020-03 § 2; Ord. 2022-15 § 68; Ord. 2023-26 § 31; Ord. 2024-06 § 11)
§ 17.80.120 Cottage housing developments.
A.
Purpose. A cottage housing development is a small cluster of dwelling units appropriately sized for smaller households and available as an alternative to the development of typical detached single-unit dwellings. Cottage housing is intended to address the changing composition of households, and the need for smaller, more diverse, and more affordable housing choices.
B.
Ownership. Cottage housing developments may be sited on one commonly owned parcel with individual cottages owned in a condominium, cooperative, or similar arrangement, or cottages may be on individual lots with shared amenities and facilities owned in common.
C.
Development Review Required. Cottage housing developments require approval through the development review process of LCMC § 17.77.070.
D.
Standards. Cottage housing developments are subject to the following standards:
1.
Number of Cottages. A cottage housing development is composed of at least one cottage clusters, with a cluster containing four to 12 dwelling units.
2.
Cottage Design. The cottages in a cottage housing development are subject to the following standards:
a.
Maximum Floor Area. The gross floor area of each cottage shall not exceed 1,250 square feet with an overall maximum average gross floor area of 1,000 square feet per unit for the development.
b.
Maximum Footprint. The footprint of each cottage shall not exceed 1,000 square feet, or 1,400 square feet including an attached garage.
c.
Maximum Height. The height of each cottage shall not exceed 25 feet.
d.
Setbacks. The setbacks from adjacent property lines along the perimeter of the cottage housing development shall be the same as required by the underlying zone. The minimum distance between all structures, including accessory structures, shall be in accordance with building code requirements.
e.
Orientation of Cottages. Cottages shall be clustered around common open space. Each cottage shall have a primary entrance and covered porch oriented to common open space. Lots in a cottage housing development are not required to abut a public street.
3.
Community Buildings. Cottage housing developments may include community buildings that provide space for accessory uses such as community meeting rooms, exercise rooms, day care, or community eating areas. They shall have a footprint of no more than 800 square feet and may not exceed one story in height. Their design, including the roof lines, shall be similar to and compatible with that of the cottages within the cottage housing development.
4.
Common Open Space. All cottage housing developments must provide 100 square feet of common open space per unit. Parking areas, required setback areas, private open space, and driveways do not qualify as common open space.
5.
Off-Street Parking. Off-street parking shall comply with Chapter 17.56 LCMC, excepting the minimum number of off-street parking spaces.
a.
Minimum Number of Off-Street Parking Spaces. Cottage housing developments require a minimum of one off-street parking space per unit, which may be provided through a combination of individual garages/carports, common off-street parking areas, or garages/carports.
6.
Interior Fences. Fences on the interior of the cottage housing development shall not exceed three feet in height and shall not consist of solid board fencing.
7.
Existing Structures. On a lot or parcel to be used for a cottage housing development, an existing detached single-unit dwelling that may be nonconforming with respect to the requirements of this section may remain, but the extent of its nonconformity may not be increased. Such dwellings shall count towards the number of cottages allowed in the cottage housing development.
8.
Exemptions. Cottage housing developments are exempt from the following standards:
a.
Minimum lot sizes, minimum lot depths, minimum lot widths, and maximum building coverage.
b.
Setback requirements (except on the outer perimeter of the cottage housing development), which outer perimeter setbacks shall be those as required by the underlying zone.
c.
The standards of Chapter 17.56 LCMC pertaining to the number of required off-street parking spaces.
9.
Short-Term Rental. No cottage in a cottage housing development may be used as a short-term rental.
10.
Sewer Connection. Each cottage in a cottage housing development must be connected to the city sewer system. No cottage in a cottage housing development may use a septic system.
E.
Conflicts. In the event of a conflict between this section and other sections of LCMC Title 16 or this title, this section shall control.
(Ord. 2014-10 § 4; Ord. 2020-10 §§ 10, 15; Ord. 2022-15 §§ 69 – 72; Ord. 2022-25 § 80; Ord. 2023-26 § 32)
§ 17.80.130 Retail marijuana facilities. [1]
A.
Definitions. Retail marijuana facilities are limited to medical marijuana dispensaries and retail recreational marijuana facilities.
1.
"Medical marijuana dispensary"
means a business facility registered by the Oregon Health Authority under ORS 475.300 to 475.346 and that sells, distributes, transmits, gives, dispenses or otherwise provides medical marijuana to registry identification cardholders (persons who have been diagnosed by a physician as having a debilitating medical condition) as further defined by ORS 475.302(3) or the designated primary caregivers of the cardholders as defined by ORS 475.302(5).
2.
"Retail recreational marijuana facility"
is a facility, registered and licensed by the Oregon Liquor Control Commission, that engages in retail sales of marijuana and marijuana-derived products to persons 21 years of age or older.
3.
A recreational licensee registered with the Oregon Liquor Control Commission to also sell marijuana for medical purposes is not considered to have two separate retail marijuana stores if the dispensary and the recreational marijuana store are located in the same store or adjacent stores. A medical dispensary authorized to also sell recreational marijuana is not considered to have two separate retail marijuana stores if the dispensary and the recreational marijuana store are located in the same store or adjacent stores.
B.
Limitations. Operators of retail marijuana facilities are solely responsible for obtaining all required approvals, permits, licenses, and authorizations from the responsible federal, state, and local authorities or other entities necessary to engage in the business of selling or otherwise providing marijuana and marijuana-infused products for consideration in the manner contemplated. The city of Lincoln City has no duty, responsibility, or liability for requesting, obtaining, ensuring, or verifying an operator's compliance with applicable federal or state permit or approval requirements. Designating retail marijuana facilities as permitted uses is not an approval or endorsement of such facilities and shall not in any way be interpreted as a waiver, modification, or grant of any federal, state, or local agency permits, approvals, or authorizations. Businesses operating within the city of Lincoln City shall comply with all applicable federal, state, and local laws.
C.
Standards. Retail marijuana facilities must comply with the following standards:
1.
The business must be located in a permanent building and may not be located in a trailer, cargo container or motor vehicle;
2.
The business must be located in a building or tenant space no portion of which is less than 1,000 feet from any lot upon which there is located a public or private elementary, secondary, or career school primarily attended by minors;
3.
The business must be located in a building or tenant space no portion of which is less than 1,000 feet from any lot upon which there is located another retail marijuana facility;
4.
The business must not be located on the same lot as a marijuana grow site;
5.
Doorways, windows and other openings shall be located, covered, or screened in such a manner as to prevent a view into the interior from any adjacent exterior public or semipublic area;
6.
No retail marijuana facility, as defined in this chapter, may be open for business earlier than 8:00 a.m. or later than 8:00 p.m. of the same day;
7.
Cultivation or infusion of marijuana at the site of the retail marijuana facility is prohibited;
8.
The business must have a written plan for secure disposal of marijuana remnants or by-products and must provide for secure disposal of marijuana remnants or by-products; such remnants or by-products shall not be placed within the facility's exterior refuse containers;
9.
The business may not have a drive-through.
(Ord. 2014-29 § 5; Ord. 2016-05 § 5)
[1]
Code reviser's note: Ord. 2014-29 adds these provisions as Section 17.80.120. The section has been renumbered to avoid duplication of numbering.
§ 17.80.140 Temporary emergency operations uses during declared emergency.
A.
Temporary emergency operations uses are permitted in any zone, except open space, and are not required to comply with the minimum lot size, parking, landscaping, city services availability, or setback requirements of the zone in which they are located. Notwithstanding the above, emergency operations uses shall not be located on environmentally sensitive lands and resources, including but not limited to Goal 5 resources, coastal shorelands, beaches and dunes, or estuarine resource areas.
B.
Temporary emergency operations uses are not required to comply with the requirements of development review in LCMC § 17.77.070.
C.
Temporary emergency operations uses are of limited duration and are intended to terminate when the emergency has ended. In no event will an emergency operations use be permitted to remain past the time needed to demobilize, or 60 days past the end of the declared emergency under Chapter 2.72 LCMC, whichever is less.
D.
Emergency operations uses must be authorized by the emergency order under Chapter 2.72 LCMC and may be sited on city property, except for open space properties, when the property or buildings thereon meet the need created by the emergency. Private property or other public property may, with permission of the owner, be used for such temporary emergency operations purposes. Emergency operations uses include, but are not limited to, emergency facilities, shelters, overnight shelters, bivouacs, mess halls, emergency campgrounds, staging areas, inoculation centers, distribution centers, or similar emergency operation uses.
(Ord. 2018-15 § 1; Ord. 2020-10 § 15; Ord. 2022-15 § 73)
§ 17.80.150 Four-flat dwellings. [1]
A.
Standards. Four-flat dwellings are subject to the following standards:
1.
Minimum Lot Size. There is no minimum lot size requirement for a four-flat dwelling.
2.
Parking. Each four-flat dwelling must have a minimum of four off-street parking spaces, and they must be located on the same tax lot as the four-flat dwelling.
3.
Setbacks. Each four-flat dwelling must meet the single-unit dwelling setback requirements of the zone in which it is located.
4.
Building Coverage. Each four-flat dwelling must meet the maximum building coverage requirements of the zone in which it is located.
5.
Short-Term Rentals. Four-flat dwellings shall not be used as short-term rentals in any zone.
6.
Height Requirement. Four-flat dwellings must comply with the height requirement of the zone in which they are located.
7.
Development review per LCMC § 17.77.070 is not required for four-flat dwellings.
(Ord. 2019-02 § 8; Ord. 2022-15 § 74; Ord. 2022-25 § 81; Ord. 2023-26 § 33)
[1]
Code reviser's note: Ord. 2019-02 adds these provisions as Section 17.80.140. The section has been editorially renumbered to avoid duplication of numbering.
§ 17.80.160 Accessory uses – Places of worship.
A.
In the general commercial (GC) zone, Nelscott plan (NP) district (business district and beachside mixed use), Taft Village Core (TVC), and Oceanlake plan (OP) district (main street interior and oceanfront), the following accessory uses, customarily associated with the practices of the religious activity, are allowed:
1.
Subject to compliance with development review (LCMC § 17.77.070) and availability of adequate public facilities, an approved and constructed place of worship shall be allowed the reasonable use of the subject real property for accessory use activities, including those uses and limitations identified in ORS 227.500 as that section exists on the effective date of the ordinance codified in this section. In addition, temporary sheltering of individuals and families in building and fire code compliant facilities is authorized (temporary use), not to exceed 50 persons, with a minimum of 35 square feet per person required. Strict compliance with Oregon Fire Code TA No. 14-12, adopted herein by this reference and on file in the Lincoln City planning department, is required. The fire district shall be notified when such temporary sheltering use is requested. Development review is not required for such temporary sheltering use.
B.
In the single-unit residential (R1) zone, single-unit residential roads-end (R1RE) zone, vacation rental (VR) zone, the multiple-unit residential (RM) zone, the recreation residential (RR) zone, and Nelscott plan (NP) zone (cottage residential) the following accessory uses, customarily associated with the practices of the religious activity, are allowed:
1.
Subject to compliance with development review (LCMC § 17.77.070) and availability of adequate public facilities, an approved and constructed place of worship shall be allowed the reasonable use of the subject real property for accessory use activities, including those uses and limitations identified in ORS 227.500 as that section exists on the effective date of the ordinance codified in this chapter. In addition, temporary sheltering of individuals and families in building and fire code compliant facilities is authorized (temporary use), not to exceed 25 persons, with a minimum of 35 square feet per person required. Strict compliance with Oregon Fire Code TA No. 14-12, adopted herein by this reference and on file in the Lincoln City planning department, is required. The fire district shall be notified when such temporary sheltering use is requested. Development review is not required for such temporary sheltering use.
(Ord. 2019-21 § 10; Ord. 2022-15 § 75)
§ 17.80.170 Mobile food units and mobile food unit pods.
A.
Repealed by Ord. 2022-15.
B.
Standards. Mobile food units are subject to the following standards:
1.
Repealed by Ord. 2025-09.
2.
Mobile food units must be fully contained, and equipment must be integral to the unit with the following exceptions:
a.
A Class IV mobile food unit may have one and only one separate outdoor cooking unit, such as a barbecue or smoker unit, that is not integral to the mobile food unit itself. The distance of the one separate outdoor cooking unit from the mobile food unit and from any structure is subject to approval by the fire marshal.
b.
A Class IV mobile food unit may have one and only one external generator that is not integral to the mobile food unit itself. Only inverter generators are allowed and they must be operated and maintained in accordance with the Oregon Fire Code, their listing, and their manufacturers' instructions. The connection of the external generator to the mobile food unit and the distance of the external generator from the mobile food unit and from any structure are subject to approval by the fire marshal. External generators are not allowed within 100 feet of each other (unless specifically authorized to be closer under the terms of a special event permit issued pursuant to Chapter 5.16 LCMC).
3.
Mobile food units are exempt from the LCMC § 5.04.030 requirement to operate from an enclosed building.
4.
The proposed location of mobile food units shall not interfere with pedestrian or vehicular traffic, use of required parking or other required features on the site. At least one access path to and from the unit and the public access way shall comply with ADA access requirements.
5.
Mobile food units must meet state requirements for restroom and hand-washing facilities. Evidence of how the mobile food unit is meeting restroom and hand-washing facility requirements, in the form of the issued and valid license from the Environmental Health Department, shall be included with the land use application.
6.
Special Setbacks.
a.
Mobile food units must maintain 10 feet of clearance from any property line.
b.
Mobile food units must maintain three feet of clearance around all exit paths from the occupiable unit.
7.
Parking and Vehicle Circulation. A mobile food unit must not block any designated travel or fire lane(s), pedestrian access, clear vision clearance areas as required in LCMC § 17.52.060, and shall not occupy any parking space or required feature that is required for a use on the same site.
8.
No Drive-Through. No mobile food unit may provide or serve customers as a drive-through facility.
9.
Fire. All fire requirements must be met as evidenced by the mobile food unit passing an inspection by the fire marshal.
10.
Signs wholly applied to the surface of the mobile food unit are exempt from a sign permit and not regulated on the total area; all additional signage must conform to the standards outlined in Chapters 9.34 and 17.72 LCMC (Sign Regulations).
11.
State, County, City Requirements. Applicants must obtain any required state, county, and city licenses and permits including food handling, and annual city mobile food unit license pursuant to Chapter 5.30 LCMC.
C.
Pod Standards. Mobile food unit pods are subject to all applicable standards for mobile food units set forth in subsection (B) of this section, plus the following additional standards:
1.
Mobile food pods may provide a shared dining area for customers. If so provided, such area must be provided on hard surfaces like asphalt or concrete and be ADA-accessible with at least one ADA-accessible path from the mobile food units to the ADA-accessible dining area.
D.
Land Use Approvals and Licensing. Land use approval for mobile food units must be obtained prior to the city's issuance of the required mobile food unit license for each mobile food unit. Land use approval is required for each separate address at which an individual mobile food unit desires to operate, with a separate mobile food unit license being issued for each separate address once land use approval has been obtained, all requirements have been met, and all required city fees have been paid. The land use approval process for mobile food units is a Type I procedure as outlined in LCMC § 17.76.030.
(Ord. 2020-05 § 9; Ord. 2022-15 §§ 76 – 78; Ord. 2023-22 § 1; Ord. 2025-09 § 3)
§ 17.80.180 Wireless communications facilities. [1]
A.
Review Authority Action. In addition to the findings required by LCMC § 17.77.060, in order to grant approval, or approval with conditions, of a conditional use permit for a wireless communications facility, the planning commission must find, based upon evidence provided by the applicant, that:
1.
Purpose. The purpose of this section is to protect the health, safety, and general welfare of the community while accommodating the communication needs of residents and businesses through facilitating the provision of wireless telecommunications services to the residents and businesses of the city, minimizing adverse visual effects of towers through careful design and siting standards, avoiding potential damage to adjacent properties from tower failure through structural standards and setback requirements, providing mechanisms for the mitigation of tower proliferation through tower sharing requirements for all new tower applicants and those existing towers that are physically capable of sharing.
2.
Siting Preferences. Wireless communications facilities shall be sited in accordance with the following priorities, in order of their preference:
a.
Co-location by placement of antennas or other transmission and reception devices on an existing tower, building, or other structure, such as a utility pole, water tank, or similar structure.
b.
Use of mini-cell or other similar alternate technology whereby transmission and reception devices are placed on existing structures or placed on new structures that are consistent in height with and situated similarly to types normally found in the surrounding area, such as telephone, electrical, or light poles.
c.
Siting of a new tower in a visually subordinate manner. In this context, "visually subordinate" refers to the relative visibility of a wireless communications facility where that facility does not noticeably contrast with the surrounding landscape. Visually subordinate facilities may be partially visible, but not visually dominant in relation to their surroundings.
d.
Siting of a new tower in a visually dominant location, but employing concealment technology. In this context, "concealment technology" means technology through which a wireless communications facility is designed to resemble an object present in the natural environment or to resemble a building of a type typically and customarily found in the area.
e.
Siting of a new tower in a visually dominant location, not employing concealment technology.
3.
Standards. All commercial wireless communications facilities shall comply with the following requirements:
a.
The maximum height shall be 80 feet.
b.
Commercial wireless telecommunications service towers shall be of a monopole design unless the planning commission determines that an alternative design would better blend in to the surrounding environment.
c.
The proposed facilities must not exceed or cause other facilities to exceed federal radio frequency emission standards or American National Standards Institute standards, whichever are stricter.
d.
The proposed facilities must meet manufacturer's specifications and plans must be certified by an engineer licensed in the state of Oregon.
e.
The proposed facilities must meet the requirements of the Uniform Building Code and/or the Oregon Structural Specialty Code, including but not limited to the requirements relating to seismic and wind loads, and must be engineered so that, in the event they fall, the proposed facilities will collapse only within the property lines of the lot on which they are located.
f.
The proposed facilities must meet the standards contained in the American National Standards Institute "Structural Standards for Steel Antenna Tower and Steel Supporting Structures" (ANSI EIA/TIA 222 E-1996).
g.
All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects and complements the architectural character of the surrounding neighborhood.
h.
Wireless communications facilities shall not be illuminated by artificial means and shall not display any lighting other than such lighting as is specifically required by the Federal Aviation Administration or the Oregon Department of Aviation. Flashing strobe lighting is not allowed. If flashing strobe lighting otherwise would be required by the Federal Aviation Administration or the Oregon Department of Aviation, the tower height must be reduced to a level at which flashing strobe lighting is not required.
i.
Any lighting placed on a wireless communications facility pursuant to a requirement of the Federal Aviation Administration (FAA) or the Oregon Department of Aviation (ODA) may not exceed the minimum required. Prior to the issuance of a building permit, the applicant must submit documentation from the appropriate agency (i.e., the FAA or the ODA) that the lighting is the minimum required. Any required aviation lighting must be shielded to the maximum extent allowed by the Federal Aviation Administration or the Oregon Department of Aviation.
j.
A commercial wireless communications facility shall be designed, structurally, electrically, and in all other respects, to accommodate antennas for at least three users, and must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.
k.
A finish (paint/surface) must be provided for the wireless communications facility that reduces the visibility of the facility, including the antenna arrays. In most circumstances this condition may be satisfied by painting the tower and antenna arrays with flat light haze gray paint. If the tower is unpainted it must be of a single color throughout its height. The owner must maintain the finish, painted or unpainted, so that no discoloration is allowed to occur.
l.
Red and white or orange and white tower finish is not allowed. If red and white or orange and white tower finish would be required by the Federal Aviation Administration or the Oregon Department of Aviation, the tower height must be reduced to a level at which a red and white or orange and white tower finish is not required.
m.
The use of any portion of a wireless communications facility for signs other than warning or equipment information signs is prohibited.
n.
Wireless communications facilities, including any modifications to them, must not cause any interference with normal radio and television reception in the surrounding area nor with any public safety agency or organization (including but not limited to police, fire, ambulance, and Coast Guard) radio transmissions. The owner shall bear the costs of immediately eliminating any such interference should any occur, or must immediately shut down the antennas or other equipment or parts of the facility causing the interference.
o.
The owner of the wireless communications facility may not deny a wireless provider the ability to co-locate on its wireless communications facility at a fair market rate or at another cost basis agreed to by the affected parties.
p.
The wireless communications facility must be removed from the site if no facility on the tower has been in use for more than six months.
4.
Application. In addition to the information required elsewhere in this section, development applications for wireless communications facilities shall include the following supplemental information:
a.
A report from a qualified and licensed professional engineer which:
i.
Describes the tower height and design, including a cross-section and elevation;
ii.
Documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas;
iii.
Describes the tower's structural capacity to carry the antennas of at least three wireless carriers, including the number and type of antennas that it can accommodate;
iv.
Documents what steps the applicant will take to avoid interference with normal radio and television reception in the surrounding area and with any public safety agency or organization (including but not limited to police, fire, ambulance, and Coast Guard) radio transmissions and telecommunications;
v.
Includes an engineer's stamp and registration number;
vi.
Documents that the proposed facilities will not exceed or cause other facilities to exceed federal radio frequency emission standards or American National Standards Institute standards, whichever are stricter;
vii.
Includes elevations showing all facades, indicating exterior materials and color of the tower(s) on the proposed site; and
viii.
Includes other information necessary to evaluate the request.
b.
For all commercial wireless telecommunications service towers, a letter of intent committing the tower owner and the owner's successors to allow the shared use of the tower, if an additional user agrees in writing to meet reasonable terms and conditions for shared use.
c.
Applicants proposing the siting of wireless communications facilities through means other than co-location shall demonstrate why higher priority alternatives for providing the specific, proposed wireless service are not feasible. In this context, "not feasible" means that the proposed wireless communication service cannot be provided in a reasonable, practicable, and cost effective manner. Factors that may render an alternative not feasible may include:
i.
Existing buildings or towers are structurally inadequate to accommodate the proposed facility, and cannot reasonably be retrofitted;
ii.
The alternative would cause radio frequency interference that would materially impair the functioning of existing or planned equipment at the tower or site, and such interference cannot reasonably be mitigated;
iii.
The alternative cannot provide the radio frequency coverage required to provide the proposed service;
iv.
The alternative is precluded by law, rule, regulation, contract, or other legal authority.
d.
At least two photo-simulations of the proposed tower, from different points of view and distances from the proposed tower.
e.
Before the issuance of a building permit, the following supplemental information shall be submitted:
i.
A copy of the FAA's response to the submitted "Notice of Proposed Construction or Alteration" (FAA Form 7460-1);
ii.
Proof of compliance with applicable Federal Communications Commission regulations;
iii.
A report from a qualified and licensed professional engineer which demonstrates the tower's compliance with the Uniform Building Code and/or the Oregon Structural Specialty Code, including but not limited to the requirements relating to seismic and wind loads, and that in the event it falls the tower will collapse only within the property lines of the lot on which it is located; and
iv.
A report from a qualified and licensed professional engineer which demonstrates that the tower meets the standards contained in the American National Standards Institute "Structural Standards for Steel Antenna Tower and Steel Supporting Structures" (ANSI EIA/TIA 222 E-1996).
5.
Co-Location Requests. Requests to co-locate by placing antennas or other transmission and reception devices on an existing tower, building, or other structure, shall be processed as a Type I procedure, pursuant to LCMC § 17.76.030.
6.
Planning Commission Action. In addition to the findings required by LCMC § 17.77.060(D), in order to grant approval, or approval with conditions, of a conditional use permit for a wireless communications facility, the planning commission must find, based upon evidence provided by the applicant, that:
a.
For applications proposing the siting of wireless communications facilities through means other than co-location, that higher priority alternatives for providing the specific, proposed wireless service are not feasible.
b.
The proposed facility/tower will not unreasonably interfere with the view from any public park, natural scenic vista, historic building or district, or significant aesthetic resource.
c.
The height and mass of the facility/tower does not exceed that which is essential for its intended use and public safety.
d.
The owner of the wireless communications facility has agreed to permit other persons/providers to attach antennas or other communications apparatus that do not interfere with the primary purpose of the facility.
e.
The proposed facility/tower is not to be constructed in such a manner as to result in needless height or mass.
f.
The finish of the proposed facility/tower will be of a tone or color that minimizes the tower's visual impact.
(Formerly 17.52.270; Ord. 84-2 § 4.320; Ord. 91-4 § 6; Ord. 94-19 § 1; Ord. 95-15 § 14; Ord. 2020-10 § 11; Ord. 2020-15 § 15; Ord. 2022-15 § 79; Ord. 2023-26 § 34)
[1]
This section was recodified by Ord. 2020-15 as LCMC § 17.80.170. It has been editorially renumbered to avoid duplication.
§ 17.80.190 Conversions.
A.
Except as provided in this section and not withstanding any statewide land use planning goals or land use regulations, the city shall unconditionally allow the conversion of the lawful use of a property:
1.
From use as a hotel or motel to use as an emergency shelter.
2.
From use as a hotel or motel that was converted to an emergency shelter to then use as affordable housing.
3.
From use as a hotel or motel to use as affordable housing.
B.
This section applies to areas:
1.
Not designated on the comprehensive plan map as specifically for heavy industrial uses;
2.
Not within an area designated for a statewide land use planning goal relating to natural disasters or hazards, including floodplains or mapped environmental health hazards, unless the converted use complies with regulations directly related to the disaster or hazards;
3.
With adequate transportation access to commercial and medical services; and
4.
Containing lawfully existing hotels or motels.
C.
The converted use shall comply with:
1.
Applicable building codes; and
2.
Occupancy limits.
(Ord. 2022-25 § 82)
§ 17.80.200 Affordable housing.
A.
Affordable housing shall be allowed, and shall not require a zone change or conditional use permit for affordable housing on property if:
1.
The property upon which the housing sits is owned by a public body, as defined in ORS 174.109; or
2.
The property upon which the housing sits is owned by a nonprofit corporation that is organized as a religious corporation; or
3.
The property is zoned for commercial uses; or
4.
The property is zoned to allow places of worship; or
5.
The property is located on public lands.
B.
The provision for allowing affordable housing in the planned industrial (PI) zone only applies if:
1.
The property is publicly owned property;
2.
The property is adjacent to lands zoned for residential uses or schools; and
3.
The property is not specifically designated for heavy industrial uses.
C.
The provision for allowing affordable housing does not apply:
1.
On properties that cannot be adequately served by water, sewer, storm water drainage, or streets, or will not be adequately served at the time that development on the property is complete; or
2.
The property contains a slope of 25 percent or greater; or
3.
The property is within a 100-year floodplain; or
4.
The property is constrained by land use regulations based on statewide land use planning goals relating to:
a.
Natural disasters and hazards; or
b.
Natural resources, including air, water, land or natural areas, but not including open spaces or historic resources.
D.
Additionally, nothwithstanding any statewide land use planning goal or land use regulation, with respect to a property owned by a nonprofit corporation organized as a religious corporation, the city:
1.
May not apply any standards of conditions of approval under ORS 197.307(4) to the development of affordable housing or unless those conditions are related to health, safety, habitability, and infrastructure.
2.
Shall approve an application for the use of property to allow the development of affordable housing on the property notwithstanding the uses allowed by the zoning of the property, if the lot or parcel is zoned for uses other than for industrial uses or contiguous to property zoned to allow or used for residential uses. The city shall not require that the property be rezoned for residential uses or comply with any conditions except those related to health, safety, habitability, and infrastructure.
E.
Affordable housing development established on or after January 1, 2024, is exempt from the definition of "planned community" provided in ORS 94.550.
(Ord. 2022-25 § 83; Ord. 2023-26 § 35)
§ 17.80.220 Emergency shelters.
A.
An application for the development or use of land for an emergency shelter as defined in Chapter 17.08 LCMC shall be approved on any property, notwithstanding ORS Chapter 195, 197, 197A, 215, or 227, or any statewide plan, rule of the Land Conservation and Development Commission or local land use regulation, zoning ordinance, regional framework plan, function plan, or comprehensive plan, if the emergency shelter:
1.
Includes sleeping and restroom facilities for clients;
2.
Will comply with applicable building codes;
3.
Will not result in the development of a new building that is sited within an area designated under a statewide planning goal relating to natural disasters and hazards, including flood plains or mapped environmental health hazards, unless the development complies with regulations directly related to the hazard;
4.
Has adequate transportation access to commercial and medical services; and
5.
Will not pose any unreasonable risk to public health or safety.
B.
The emergency shelter must be operated by:
1.
A local government as defined in ORS 174.116;
2.
An organization with at least two years' experience operating an emergency shelter using best practices that is:
a.
A local housing authority as defined in ORS 456.375; or
b.
A religious corporation as defined in ORS 65.001; or
c.
A public benefit corporation, as defined in ORS 65.001, whose charitable purposes include the support of unsheltered individuals, that has been recognized as exempt from income tax under Section 501(a) of the Internal Revenue Code on or before January 1, 2018; or
3.
A nonprofit corporation or a nonprofit corporation partnering with any other entity described in this subsection.
C.
An emergency shelter approved under this section may provide on site for its clients and at no cost to the clients:
1.
Showering or bathing;
2.
Storage for personal property;
3.
Laundry facilities;
4.
Service of food prepared either on the site or off the site;
5.
Recreation areas for children and pets;
6.
Case management services for housing, financial, vocational, education, or physical or behavioral health care services; or
7.
Any other services incidental to shelter.
D.
An emergency shelter approved under this section may include youth shelters, winter or warming shelters, day shelters and family violence shelters as defined in ORS 409.290.
E.
An emergency shelter approved under this section may also provide additional services not described in subsections (C) and (D) of this section to individuals who are transitioning from unsheltered homeless status. An organization providing services under this subsection may charge a fee of no more than $300.00 per month per client and only to clients who are financially able to pay the fee and who request the services.
F.
The approval of an emergency shelter under this section is not a land use decision and is subject to review only under ORS 34.010 to 34.100.
(Ord. 2022-25 § 84; Ord. 2023-26 § 36)
§ 17.80.230 Residential use of commercial lands.
A.
Notwithstanding an acknowledged comprehensive plan or land use regulation within an urban growth boundary, the city shall allow, on lands zoned to allow commercial uses and not industrial uses, the siting and development of:
1.
Residential structures subject to an affordable housing covenant as provided in ORS 456.270 to 456.295 making each unit affordable to a household with income less than or equal to 60 percent of the area median income as defined in ORS 456.270; or
2.
Mixed-use structures with ground floor commercial units and residential units subject to an affordable housing covenant as provided in ORS 456.270 to 456.295 making the properties affordable to moderate income households, as defined in ORS 456.270.
B.
The city may only apply those approval standards, conditions, and procedures under ORS 197.307, that would be applicable to the residential zone of the city that is most comparable in density to the allowed commercial uses.
C.
Development under this section does not:
1.
Trigger any requirement that the city consider or update an analysis as required by a statewide planning goal relating to economic development.
2.
Apply on lands where the city determines that:
a.
The development on the property cannot be adequately served by water, sewer, storm water drainage, or streets, or will not be adequately served at the time that development on the lot is complete;
b.
The property contains a slope of 25 percent or greater;
c.
The property is within a 100-year floodplain; or
d.
The development of the property is constrained by land use regulations based on statewide land use planning goals relating to:
i.
Natural disasters and hazards; or
ii.
Natural resources, including air, water, land or natural areas, but not including open spaces;
iii.
Apply on lands that are vacant or that were added to the urban growth boundary within the last 15 years.
(Ord. 2023-26 § 37)
