Myrtle Point City Zoning Code

ZONING DISTRICTS

§ 153.020 ESTABLISHMENT OF ZONING DISTRICTS.

(A) Purpose and classification of zoning districts. Every parcel, lot and tract of land within the city is designated with a zoning district. The use of land is limited to the uses allowed by the applicable zoning district. Zoning designations shall be as provided on the city’s zoning map, which shall be consistent with the city’s comprehensive plan. The City Recorder maintains official copies of the zoning map and comprehensive plan. Where a conflict between documents arises, the comprehensive plan shall govern.

(B) Determination of land use district boundaries. Where, due to the scale, lack of scale, lack of detail or illegibility of the zoning map, or due to any other reason, there is uncertainty, contradiction or conflict as to the intended location of a district boundary line, the boundary line shall be determined by the Planning Official or, upon referral, the Planning Commission, pursuant with § 153.005 and in accordance with all of the following criteria.

(1) Rights-of-way. Boundaries that approximately follow the centerlines of streets, highways, alleys, bridges or other rights-of-way shall be construed to follow such centerlines. Whenever any public right-of-way is lawfully vacated, the lands formerly within the vacated right-of-way shall automatically be subject to the same zoning district designation that is applicable to lands abutting the vacated areas. In cases where the right-of-way formerly served as a zoning district boundary, the vacated lands within the former right-of-way shall be allocated proportionately among the subject zoning districts.

(2) Parcel, lot, tract. Boundaries indicated as approximately following the boundaries of a parcel, lot or tract shall be construed as following such boundaries.

(3) Jurisdiction boundary. Boundaries indicated as approximately following a city or county boundary, or the urban growth boundary, shall be construed as following said boundary.

(4) Natural features. Boundaries indicated as approximately following a river, stream, topographic contour or other changeable natural feature, not corresponding to any feature listed in divisions (B)(1) through (B)(3) above, shall be construed as following such feature, except that the location may be corrected administratively through a code interpretation procedure in accordance with § 153.005. Unless otherwise specified, the boundary of the Water (W) Zone shall be the mean high water line or the line of non-aquatic vegetation, whichever is higher.

(Ord. 1267, passed 1-3-2012)

§ 153.021 ZONING DISTRICT REGULATIONS.

All real property in the city is subject to the zoning regulations of this section, §§ 153.022 and 153.023. Certain types of land uses are also subject to the special use regulations in §§ 153.035 through 153.046. In addition, some properties are subject to both the general zoning regulations of this section, §§ 153.022 and 153.023 and the overlay zone regulations of this chapter. Property owners, realtors, project proponents and others are advised to verify the regulations that apply to a particular property before beginning a new project, purchasing real estate or marketing a property for sale.

(A) Residential (R) Districts. The R Districts are intended to meet the housing needs of the community, including, but not limited to, the need for single-family dwellings, manufactured dwellings, manufactured dwelling parks, two-family (duplex) dwellings, multi-family dwellings and attached single-family (townhome) dwellings. The R Districts also allow some nonresidential uses customarily found in residential areas, including, but not limited to, home businesses, parks, schools, family daycare, residential care, accessory dwelling units and places of worship. Lands designated for residential are zoned either R-1 (Residential), R-2 (Manufactured Homes) or R-3 (Manufactured Home Park).

(B) Commercial-Residential (CR) District. The CR District is intended to provide areas suitable for a wide variety of commercial uses and allow limited residential uses.

(C) Light Industrial (LI) District. The Light Industrial (LI) District is intended to provide areas suitable for light industrial uses, including uses that combine industrial and limited commercial uses.

(D) Heavy Industrial (HI) District. The Heavy Industrial (HI) District is intended to provide a suitable area for a wide range of light industrial and heavy industrial uses. Development standards, including conditional use permit procedures for some uses, are intended to maintain compatibility between HI District uses and adjacent districts.

(E) Open Space (OS) District. The Open Space (OS) District is intended to provide a suitable area for a wide range of parks and open space uses, including, but not limited to, the County Fairgrounds, city parks, crop cultivation, recreational areas, conservation activities and limited use livestock grazing and accessory uses. The OS District also allows other uses, such as recreational vehicle parks, with approval of a conditional use permit.

(F) Public Facilities (PF) District. The Public Facilities (PF) District is intended to provide a suitable area for a wide range of public uses, including, but not limited to, the County Fairgrounds, city parks and schools and their accessory uses.

(G) Water (W) District. The Water (W) District is intended to provide for conservation activities within identified estuarine areas of the city, consistent with the city’s comprehensive plan and the Coquille River estuary management plan. Minor navigational improvements are also allowed, subject to a conditional use permit.

(Ord. 1267, passed 1-3-2012)

§ 153.022 ALLOWED LAND USES BY ZONING DISTRICT.

(A) Table 153.022 identifies the land uses that are allowed in the Residential Districts.

(B) The specific land use categories are described and uses are defined in § 153.001.

Table 153.022 - Land Uses Allowed in Zoning Districts
Uses	Status of Use in District
Use Categories (examples of uses are provided in § 153.001)	Residenti al (R)	Com-Re s. (CR)	Indus. (LI) & (HI)	Public Fac. (PF)	Open Space (OS) & Water (W)	Limitations and Special Use Standards1
Commercial Categories2
Bed and breakfast inn	CU+S	S	N	N	N	§ 153.037
Drive-up/drive-in/dr ive-through uses (includes, but is not limited to, drive-up windows, drive-up ATMs, auto service and repair and similar uses and facilities)	N	CU	CU	N	N
Educational services, e.g., tutoring/training center or similar commercial services (not a school or home occupation)	N	P	P	N	N
Entertainment, major event	N	CU	LI: CU HI: N	CU*	OS: CU* W: N	*In PF and OS Districts, entertainment uses must be accessory to a public use
Family daycare (16 or fewer children) under ORS 657A.250 and ORS 657A.440(4)	P	P	N	N	N	Existing, lawfully- established family daycare are granted special status, subject to § 153.004
Home occupation						§ 153.039; existing, lawfully-establis hed home occupations are granted special status, subject to § 153.004
- greater than 500 square feet of use	S+CU	S	N	N	N
- less than 500 square feet of use	S	S	N	N	N
Lodging (hotels, motels, inns)	N	P	LI: CU HI: N	N	N
Medical center or clinic	N	P	CU	N	N
Office	N	P	P	N	N
Commercial Categories2
Outdoor recreation, commercial	N	CU	N	CU*	CU*	*In PF and OS Districts, commercial uses must be accessory to a public use
Retail sales and service, enclosed in building	N	P	P*	N	N	*In the HI District, retail use must be accessory to an industrial use
Retail sales and service, not enclosed	N	CU	CU*	N	N
Self-service storage, commercial	N	CU	P	N	N
Vehicle servicing, gas station or vehicle repair	N	CU	P	N	N
Industrial Categories
Industrial service	N	CU	P	N	N
Manufacturing and production	N	CU	CU	N	N
Other industrial uses (not listed)	N	N	CU*	N	N	*Unlisted industrial uses allowed in HI District only, subject to CU permit
Warehouse and freight movement	N	CU	P	N	N
Waste-related, including biomass energy	N	N	CU*	N	N	*Waste-related uses allowed in HI District only, subject to CU permit
Wholesale sales, enclosed in a building	N	P	P	N	N
Wholesale sales, not enclosed in a building	N	CU	CU	N	N
Institutional Categories
Community service	P	P	P	P	P
Daycare center (does not include family daycare or group care home/facility)	CU	P	N	CU*	N	Daycare center allowed in PF District only when accessory to a public use
Parks and open space	P	P	CU	P	P
Religious institutions and houses of worship	CU	CU	CU	CU	N
Schools	CU	CU	CU	CU	N
Utilities	P	P	P	P	CU
Other Categories
Accessory structures (with a permitted use)
- not taller or larger than primary use	P	P	P	P	P
- taller or larger than primary use	CU	CU	CU	P	P
Agriculture - animals	Keeping of cattle requires 2-acre minimum lot size; except keeping of cattle on smaller lots is allowed with a conditional use permit; other animals subject to city nuisance ordinances
Agriculture - crop cultivation, commercial gardening/horticultu re, plant nursery	P	P	P	P	P
Conservation	P	P	P	P	P	Subject to review and approval by natural resource regulatory agencies, as applicable
Micro-generation facilities (e.g., generation of solar, wind, biomass or similar energy for on-site use only)	P	P	P	P	P	§ 153.023(A)
Other Categories
Mining	N	N	CU	N	N
Radio frequency transmission facilities	CU	CU	CU	N	N
Regional utility corridors (e.g., irrigation, electrical, gas, oil and similar transmission lines) extending through the city	CU	CU	CU	CU	CU
Temporary uses (limited to uses that are allowed as primary uses in zoning district)	Temporary uses are regulated the same as other uses; except the City Council may waive site plan review for uses that are six months or less in duration, provided zoning checklist approval is required
Transportation facilities: operation, maintenance, preservation, right-of-way acquisition, and construction activities in accordance with the city’s comprehensive plan, transportation element and public works standards, including construction of streets and roadways as part of approved land division and emergency measures necessary for public safety and protection of property, when approved by the applicable roadway authority	P	P	P	P	P
Other uses (unlisted use)	CU	CU	CU	CU	CU	Uses similar to “not permitted” uses are not permitted
Residential Categories
Group living
Group care facility (6-15 individuals receiving care)	P	P	N	N	N	§ 153.038; existing, lawfully-establis hed group care facilities are granted special status, subject to § 153.004
Group care home (5 or fewer individuals receiving care)	P	P	N	N	N	§ 153.038; existing, lawfully-establis hed group care homes are granted special status, subject to § 153.004
Household living
Accessory dwelling (second dwelling on a single-family lot)	S	S	N	N	N	Existing, lawfully- established accessory dwellings are granted special status, subject to § 153.004
Manufactured home	S	S	N	N	N	§§ 153.040 through 153.042 and ORS Chapter 446; existing, lawfully-establis hed manufactured homes are granted special status, subject to § 153.004
Mobile home/manufactured dwelling park	R-1: N R-2: CU+S R-3: S	N	N	N	N	§ 153.041 and ORS Chapter 446
Multi-family dwellings (three or more dwellings on lot, including senior housing, assisted living and single room occupancy uses but not group living)	S	S	N	N	N	§ 153.043
Single-family dwelling (not attached)	P	P	N*	N*	N	*Existing, lawfully- established single-family dwellings are granted special status, subject to § 153.004
Two-family dwelling (duplex)	P	P	N	N	N	Existing, lawfully- established two- family (duplex) dwellings are granted special status, subject to § 153.004
Residential Categories
Use of recreational vehicle as dwelling (must be connected to water, electrical supply and sewage disposal systems) and in an approved manufactured dwelling park, mobile home park or RV park	P	N	N	N	N	§ 1533.042 and ORS 197.493
Key: P = Permitted S = Permitted with special use standards CU = Conditional use permit required N = Not permitted
1See also §§ 153.035 through 153.046 and §§ 153.060 for special use standards and §§ 153.075 through 153.079, 153.090 through 153.096, 153.110, 153.111, 153.125 and 153.126 for specific overlay zone regulations
2Section 153.044, commercial development standards applies to all commercial uses

(Ord. 1267, passed 1-3-2012; Ord. 1268, passed 3-18-2013)

§ 153.023 DEVELOPMENT STANDARDS; EXCEPTIONS.

(A) Standards. The standards in Table 153.023 apply to all new or expanded development, including projects that do not require land use approval. See §§ 153.205 through 153.210 for land use application requirements.

Table 153.023 - Standards for New or Expanded Development
Standards by Zoning District	Residential (R-1, R-2 & R-3)	Commercial- Residential (CR)	Industrial (LI) & (HI)	Public Fac. (PF) Open Space (OS) Water (W)
Maximum lot coverage; total area covered by structures and impervious paved surfaces, including decks and accessory structures	60%	80%, except 90% for lots fronting Spruce Street	80%	PF: 70%
				OS: 20%
				W: 0%
Maximum structure height	35 ft, subject to the following standards:
	The city may limit height as required for fire protection.
	The height of a new dwelling shall not exceed the height of an existing dwelling on an abutting lot by more than one foot for every one foot of combined side or rear yard setback, as applicable, separating the two dwellings.
	Notwithstanding the provisions of this table, an increased height is allowed in any zone, subject to approval of a conditional use permit and provided fire protection requirements met.
Minimum lot area (square feet), except existing lots of record smaller than standard may be developed pursuant to § 153.003	6,000 sq. ft.; except 7,500 sq. ft. for two- family (duplex) dwelling, and 3,750 sq. ft. for attached single-family (townhome) dwelling	5,000 sq. ft.; except 7,500 sq. ft. for two- family (duplex) dwelling, and 3,750 sq. ft. for attached single-family (townhome) dwelling	None: Building code standards must be met.
	For multi-family use, 7,500 sq. ft., plus an additional 1,000 sq. ft. for each dwelling unit over two on a lot.	For multi-family use, 7,500 sq. ft., plus an additional 1,000 sq. ft. for each dwelling unit over two on a lot.
Minimum lot width at front building line			None: Building code standards must be met.	Not applicable
Common wall/zero lot line development	30 ft	30 ft
Minimum lot depth	65 ft	65 ft
Non-common wall development	50 ft	50 ft
Minimum common open space area in new residential subdivisions and multi-family developments, as of a % of the overall site. Applies to all land use applications submitted after February 3, 2012	20%	10%	Not applicable
Minimum front or street side setback on lot abutting standard right-of-way	15 ft. in R-1, R-2, R-3, PF and OS Zones and 0 ft. in CR, LI and HI Zones; except 20 ft. for the following: garage openings; carport entries; structures where vehicles are serviced, stored or repaired; structures associated with vehicle queuing areas (e.g., kiosks, drive-up/drive-through facilities, ATMs and the like) and similar structures.
	Notwithstanding the above, developments adjacent to Spruce Street shall be setback not more than 5 ft., except the setback may be increased where a plaza is proposed between a building and the property line. Developments adjacent to Hwy 42 shall conform to the highway corridor/gateway landscape standards in §§ 153.155 through 153.159, which may require a setback yard for landscaping.
	See also § 153.023(B).
Minimum front or street side setback on lot abutting sub-standard right-of-way	Where an existing street right-of-way is less than the standard width provided in §§ 153.185 through 153.194, the minimum front or street setback equals one-half of the ultimate/planned width of the abutting right-of-way, per the city’s transportation system plan, as measured from the street or highway centerline, as applicable.
Minimum interior side setback	5 ft., except where common wall/zero-lot line development is approved with 0 ft. setback, or where greater setback is required per CU permit.		Three ft., except where common wall/zero lot line development is approved with 0 ft. setback, or where greater setback is required per CU permit.
Minimum rear setback	15 ft., except a setback of 5 ft. is permitted for accessory structures of 12 ft. or less in height	3 ft., except as required by utility easement or building code
Note: Other standards or easements may preclude building to the allowable lot size, coverage, setback or height. See also the special use standards in §§ 153.035 through 153.046 and the overlay zone requirements in this chapter for areas subject to flood hazard or potential geologic hazard.

(B) Setback yard exceptions. Setback yards provide space for private yards and building separation for fire protection/security, building maintenance, sunlight and air circulation. The setback standards are also intended to allow for flexibility in maintaining existing structures and in developing attached housing, consistent with the policies of the city’s comprehensive plan. Setbacks may be adjusted through the following means.

(1) Minor encroachments into a setback yard for chimneys, porches, decks, eaves and similar parts of a structure are permitted, pursuant to applicable building codes.

(2) The Planning Commission may reduce the required front yard setback requirement for a new or expanded building where it finds that one or more buildings on lots abutting the subject site and on the same block face (street frontage) have less than the minimum front yard setback. In such cases, the Commission may establish a minimum setback that is equal to the average front setback on the two abutting lots. Where only one building is on an abutting lot on the same block face, the Commission shall find the average using the standard setback and the setback of the existing building. The above exception does not apply to garage openings, carport entries and structures where vehicles are serviced, stored or repaired; the minimum street setback of 20 feet shall be maintained for those structures.

(3) All other setback yard exceptions are subject to review and approval of a variance pursuant to §§ 153.310 through 153.314.

(Ord. 1267, passed 1-3-2012)