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Myrtle Point City Zoning Code

SPECIAL USE

STANDARDS

§ 153.035 PURPOSE AND APPLICABILITY.

   (A)   Purpose. The special use standards in this subchapter address the unique requirements of certain land uses and building types, as identified with an “S” in Table 153.022. The standards in this subchapter do not replace but supplement the standards in §§ 153.021 through 153.023.
   (B)   Applicability. The city applies the special use standards at the time a new use, a change in use or a development is proposed that requires review under the provisions of this title.
(Ord. 1267, passed 1-3-2012)

§ 153.036 ACCESSORY DWELLINGS.

   Accessory dwellings, where allowed, are subject to review and approval through a Type II procedure (see § 153.207) and shall conform to all of the following standards.
   (A)   One unit. A maximum of one accessory dwelling unit is allowed per legal lot.
   (B)   Floor area. An accessory dwelling shall not exceed 600 square feet of floor area, or 40% of the primary dwelling unit floor area, whichever is smaller. The unit may be a detached cottage, a unit attached to a dwelling or in a portion of an existing dwelling. The floor area of the primary dwelling garage is not included in the calculation of maximum floor area.
   (C)   Lot size. The minimum lot size for a lot with an accessory dwellings is 6,000 square feet.
   (D)   Building design. The accessory dwelling shall have exterior siding and roofing which in color, material and appearance are the same, similar or superior to exterior siding and roof material used on nearby residences (e.g., horizontal wood or wood-appearance siding is considered “superior” to metal siding). The accessory dwelling shall comply with applicable State Structural Specialty Code, being OAR 918-460-0000 to 918-460-051 requirements.
   (E)   Building height. The height of an accessory dwelling shall not exceed the height of the primary dwelling.
   (F)   Parking. Two off-street parking spaces are required, total, for a single-family dwelling and an accessory dwelling on the same lot.
   (G)   Screening and buffering. The city may require a landscape hedge or fence be installed on the property line separating a detached accessory dwelling from an abutting single-family dwelling for the purposes of visual screening and privacy between uses. Screening and buffering shall conform to the standards of §§ 153.155 through 153.159.
   (H)   Standards for existing nonconforming structures. Conversion of an existing legal nonconforming structure to an accessory dwelling is allowed; provided, that the conversion does not increase the nonconformity.
(Ord. 1267, passed 1-3-2012; Ord. 1281, passed - -2018)

§ 153.037 BED AND BREAKFAST INNS.

   Bed and breakfast inns, where allowed, are subject to review and approval through a Type II procedure (see § 153.207) and shall conform to all of the following standards.
   (A)   Accessory use. The use must be accessory to a household already occupying the site.
   (B)   Maximum size. Six bedrooms for guests and a maximum of 12 guests are permitted per night.
   (C)   Length of stay. Maximum length of stay is 28 days per guest; anything longer is classified as a hotel or commercial lodging.
   (D)   Employees. Up to two nonresident employees. There is no limit on residential employees.
   (E)   Food service. May be provided only to overnight guests of the business, except where a restaurant use is allowed (e.g., CR District).
   (F)   Signs. Signs shall not exceed a total of four square feet of surface area on each side of one or two faces. See also sign regulations in this municipal code.
   (G)   Screening and buffering. The city may require a landscape hedge or fence be installed on the property line separating a detached accessory dwelling from an abutting single-family dwelling for the purposes of visual screening and privacy between uses. Screening and buffering shall conform to the standards of §§ 153.155 through 153.159.
(Ord. 1267, passed 1-3-2012)

§ 153.038 RESIDENTIAL CARE HOMES AND FACILITIES.

   Residential care homes and residential care facilities, where allowed, shall conform to all of the following standards and procedures. Note: Residential facilities are not the same as acute care facilities, which are classified as community service uses; and they are not the same as senior housing facilities that provide limited or no medical care, which are classified as multi-family housing.
   (A)   Licensing. Residential care homes and residential care facilities are residential treatment or training homes or adult foster homes licensed by the state. All residential care homes and residential care facilities shall be duly licensed, consistent with ORS 197.660 through 197.670.
   (B)   Residential care homes. Residential care homes may provide residential care alone, or in conjunction with treatment and/or training, for five or fewer individuals who need not be related. Staff persons required to meet state-licensing requirements are not counted in the number of facility residents and need not be related to each other or the residents.
   (C)   Residential care facilities. Residential care facilities may provide residential care alone, or in conjunction with treatment and/or training, for six to 15 individuals who need not be related. Staff persons required to meet state-licensing requirements are not counted in the number of facility residents and need not be related to each other or the residents.
   (D)   Access. See §§ 153.140 through 153.142.
   (E)   Parking. See §§ 153.170 through 153.174.
   (F)   Screening and buffering. The city may require a landscape hedge or fence be installed on the property line separating a residential care facility from an abutting single-family dwelling for the purposes of visual screening and privacy between uses. Screening and buffering shall conform to the standards of §§ 153.155 through 153.159.
   (G)   Review procedure. Residential care homes are subject to review and approval through a Type I (zoning checklist) procedure under § 153.206. Residential care facilities are subject to review and approval through a Type III (public hearing) procedure under § 153.208.
(Ord. 1267, passed 1-3-2012)

§ 153.039 HOME OCCUPATIONS.

   This code permits home occupations by right in certain zones; provided, that business owners meet the standards of this section.
   (A)   Purpose. The purpose of this section is to encourage those who are engaged in small commercial ventures that could not necessarily be sustained if it were necessary to lease commercial quarters, or which by the nature of the venture are appropriate in scale and impact to be operated within a residence.
   (B)   Home occupation in Residential Zones. Home occupations of less than 500 square feet in the Residential (R-1, R-2 and R-3) Zones, are permitted subject to a Type I (zoning checklist) review. Home occupations greater than 500 square feet in a Residential (R) Zone are allowed, subject to approval of a conditional use permit.
   (C)   Home occupation in Commercial-Residential Zone. Home occupations of any size are permitted in the Commercial Residential (CR) Zone subject to a Type I (zoning checklist) review.
   (D)   Home occupation good neighbor standards. Home occupations shall conform to all of the standards below, except the city may approve adjustments to the standards through the conditional use permit approval; provided, that all uses and structures on the subject property conform to applicable city regulations, including, but not limited to, building codes and nuisance regulations.
      (1)   Appearance of residence.
         (a)   The home occupation shall be restricted to lawfully built enclosed structures and be conducted in such a manner as not to give an outward appearance of a business.
         (b)   The home occupation shall not result in any structural alterations or additions to a structure that will change its primary use or building code occupancy classification.
         (c)   The home occupation shall not violate any conditions of development approval (i.e., prior land use development permit or approval).
         (d)   No products and/or equipment produced or used by the home occupation may be displayed to be visible from outside any structure.
      (2)   Storage.
         (a)   Outside storage visible from the public right-of-way or adjacent properties that exceeds what is customary for a single-family residence in the vicinity is prohibited.
         (b)   On-site storage of hazardous materials (including toxic, explosive, noxious, combustible or flammable material) beyond those normally incidental to residential use is prohibited.
         (c)   Storage of inventory or products and all other equipment, fixtures and activities associated with the home occupation shall be enclosed in a structure or otherwise screened from view from adjacent properties and public right-of-way.
      (3)   Employees.
         (a)   Other than family members residing within the dwelling located on the home occupation site, there shall be not more than one employee at the home occupation site at any given time. For the purpose of this section, HOME OCCUPATION SITE means the legal lot on which the home occupation is conducted.
         (b)   Additional individuals may be employed by or associated with the home occupation, as long as they do not report to work or pick-up/deliver at the home occupation site.
         (c)   The home occupation site shall not be used as a headquarters for the assembly of employees for instruction or other purposes, including dispatch of employees to other locations.
      (4)   Advertising and signs. Signs shall not exceed a total of four square feet of surface area on each side of one or two faces.
      (5)   Vehicles, parking and traffic.
         (a)   Not more than two commercially licensed vehicles associated with the home occupation are allowed at the home occupation site. Vehicles shall be of a size that would not overhang into the public right-of-way when parked.
         (b)   There shall be no commercial vehicle deliveries from 9:00 p.m. to 7:00 a.m.
      (6)   Business hours. There shall be no restriction on business hours, except that clients or customers are permitted at the home occupation only from 7:00 a.m. to 9:00 p.m. Monday through Friday.
      (7)   Prohibited home occupation uses.
         (a)   Any activity that produces radio, television or other electronic interference; noise, glare, vibration, smoke or odor beyond allowable levels as determined by local, state or federal standards, or that can be detected beyond the property line, is prohibited.
         (b)   Any activity involving on-site retail sales, including garage sales exceeding the thresholds of a temporary use, is prohibited, except that the sale of items that are incidental to a permitted home occupation is allowed. For example, the sale of lesson books or sheet music from music teachers, art or craft supplies from arts or crafts instructors, computer software from computer consultants and similar incidental items for sale by home business is allowed.
         (c)   The following uses and uses with similar objectionable impacts, because of motor vehicle traffic, noise, glare, odor, dust, smoke or vibration, are prohibited:
            1.   Ambulance service;
            2.   Animal hospital, veterinary services, kennels or animal boarding;
            3.   Auto and other vehicle repair, including auto painting; and
            4.   Repair, reconditioning or storage of motorized vehicles, boats, recreational vehicles, airplanes or large equipment on-site.
      (8)   Enforcement. The city’s designated Code Enforcement Officer or other law enforcement official may visit a home occupation site to ensure compliance with all applicable regulations.
(Ord. 1267, passed 1-3-2012; Ord. 1271, passed 2-3-2014) Penalty, see § 153.999

§ 153.040 MANUFACTURED HOMES ON LOTS.

   Manufactured homes are permitted on individual lots, subject to all of the following design standards. Manufactured dwellings relocated into the city shall conform to city standards. The following standards do not apply to units existing within the city prior to February 3, 2012; provided, that they were lawfully established. See also §§ 153.041 and 153.042 regarding mobile homes.
   (A)   Floor plan. The manufactured home shall be multi-sectional and have an enclosed floor area of not less than 1,000 square feet.
   (B)   Roof. The manufactured home shall have a pitched roof with a slope not less than three feet in height for each 12 feet in width (14 degrees).
   (C)   Residential building materials. The manufactured home shall have exterior siding and roofing which in color, material and appearance are similar or superior to the exterior siding and roof material used on nearby residences (e.g., horizontal wood or wood-appearance siding is considered “superior” to metal siding and roofing).
   (D)   Garages and carports. If the manufactured home has a garage or carport, the garage or carport shall be constructed of materials like those used on the house.
   (E)   Thermal envelope. The manufactured home shall be certified by the manufacturer to meet the thermal envelope requirements equivalent to those for a single-family dwelling constructed under the State Building Code, being ORS 455.010 et seq. Evidence demonstrating that the manufactured home meets “Super Good Cents” energy efficiency standards, or equivalent standard, is deemed to satisfy the exterior thermal envelope certification requirement.
   (F)   Placement. The manufactured home shall be placed on an excavated and back-filled foundation and enclosed at the perimeter such that the manufactured home is located not more than 16 inches above grade and complies with the minimum set-up standards of the adopted State Administrative Rules for Manufactured Dwellings, OAR Chapter 918. Where the building site has a sloped grade, no more than 16 inches of the enclosing material shall be exposed on the uphill side of the home;
   (G)   Floodplain. Manufactured homes, when placed in a flood hazard area, pursuant to OAR Chapter 52.9, shall comply with the following supplemental standards.
      (1)   The stand shall be a minimum of 12 inches above base flood elevation (BFE) unless the foundation wall is opened on one side or end so that floodwater cannot be trapped. (See § 4-3.1(5) of the Manufactured Dwelling Specialty Code.)
      (2)   The bottom of the longitudinal chassis frame beam in A Zones and the bottom of the lowest horizontal structural member supporting the dwelling in V Zones shall be a minimum of 12 inches above BFE. (See the definition of “lowest floor” in the Manufactured Dwelling Specialty Code, being OAR 918-460-0000 to 918-460-0500.)
      (3)   The manufactured dwelling shall be anchored to prevent flotation, collapse or lateral movement during the base flood. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA’s Manufactured Home Installation in Flood Hazard Areas guidebook for anchoring techniques, 44 C.F.R. § 60.3(c)(6)).
      (4)   Electrical crossover connections shall be a minimum of 12 inches above BFE. (See § 6-4.2(1) of the Manufactured Dwelling Specialty Code.)
   (H)   Foundation skirt. The foundation area of the manufactured home shall be fully skirted with concrete, horizontal wood or vinyl siding or other materials, pursuant to applicable building codes.
   (I)   Prohibited. The manufactured home shall not be located in a designated historic district.
(Ord. 1267, passed 1-3-2012) Penalty, see § 153.999

§ 153.041 MOBILE HOME AND MANUFACTURED DWELLING PARKS.

   Manufactured/mobile home parks (not including recreational vehicles) are permitted on parcels of one acre or larger, subject to compliance with the following.
   (A)   Permitted uses are single-family residences, manufactured home park manager’s office, home occupations and accessory structures that are necessary for the operation and maintenance of the manufactured dwelling park (e.g., landscape maintenance).
   (B)   Development of manufactured and mobile home parks, including placement of manufactured and mobile homes with a park, shall comply with applicable building codes and state requirements for mobile home and manufactured dwelling parks in ORS Chapter 446.
   (C)   When manufactured dwellings are oriented with their back or side yards facing a public right-of-way, the city may require installation of fencing and/or planting of a landscape buffer of five to ten feet in width between the right-of-way and a manufactured home park for the privacy and security of park residents or for privacy of adjacent residences.
   (D)   Compliance with the city’s floodplain overlay is required.
(Ord. 1267, passed 1-3-2012)

§ 153.042 MOBILE HOMES AND RECREATIONAL VEHICLES USED AS DWELLINGS.

   (A)   General standards. Mobile homes shall contain minimum of 650 square feet of floor space and be installed and equipped as follows.
      (1)   Piers and footings.
         (a)   The main structural beam of such mobile home shall be supported by concrete piers on eight-foot or nearer centers.
         (b)   The piers shall be supported by a reinforced concrete footing at least six inches by 12 inches in size.
         (c)   If constructed laterally to the mobile home, the footing shall extend to the exterior walls.
      (2)   Anchoring.
         (a)   All units shall be adequately anchored to the footings at the center of the unit and at all corners.
         (b)   Anchoring studs shall be embedded in the concrete footings.
      (3)   Wheels. Prior to occupancy of the unit, the wheels shall be removed.
      (4)   Skirting.
         (a)   All such mobile homes shall be skirted from the base of the exterior wall to the ground level.
         (b)   Such skirting, of other than masonry, shall be supported by a frame approved by a building inspector.
         (c)   Such skirting shall be maintained in neat and orderly condition at all times.
         (d)   The material used for the purpose of skirting shall be masonry, metal, exterior plywood or the equivalent.
      (5)   Entryways. All entryways to such mobile homes shall be served by a permanent porch at least four feet by eight feet in size which shall be constructed and maintained in a neat and orderly condition.
   (B)   Use restrictions. No recreational vehicle shall be used or occupied as a dwelling except in an established mobile home park or recreational vehicle park. No mobile home shall be used or occupied for any purpose except in an established mobile home park or in the R-2 or R-3 Zones.
   (C)   Temporary use. Notwithstanding other provision of this section, a recreational vehicle or mobile home may be used as a temporary dwelling within any zone:
      (1)   Without a permit provided such use occurs:
         (a)   Not more than one time during any consecutive 30-day period; and
         (b)   For a period not to exceed 72 continuous hours.
      (2)   With a valid visitor permit or temporary dwelling permit as provided in this section.
         (a)   Visitor permit.
            1.   The City Planning Official, through a Type I procedure, may issue a visitor permit, either in person or over the telephone, upon collecting the following information:
               a.   Name of applicant;
               b.   Address;
               c.   Telephone number;
               d.   Date of arrival; and
               e.   Estimated date of departure.
            2.   Visitor permits shall be valid for a period not exceeding 14 consecutive days and shall not be issued more than one time during any consecutive 30-day period.
         (b)   Temporary dwelling permit.
            1.   The Planning Commission, through a Type III procedure, may, at its discretion, upon showing of a need, grant a temporary dwelling permit.
            2.   Temporary dwelling permits shall be valid for a period not exceeding 60 consecutive days unless the Planning Commission grants an extension.
            3.   The Planning Commission may impose terms and conditions of a temporary dwelling permit and/or on extensions of such permit.
         (c)   Permit revocation; violations.
            1.   The City Council may revoke a temporary dwelling permit for the protection of public peace, safety, health and general welfare.
            2.   A violation of any provision of this section or the failure to comply with any terms and conditions of a permit issued or extended under this section may be enforced in one or more of the following ways:
               a.   Revocation of the permit by order of the City Council or its designee;
               b.   As provided in § 153.006; and/or
               c.   A ban on the use of the recreational vehicle or mobile home as a temporary dwelling for a period up to 60 consecutive days by order of the City Council.
(Ord. 1267, passed 1-3-2012) Penalty, see § 153.999

§ 153.043 MULTIPLE-FAMILY DEVELOPMENT STANDARDS.

   New multiple family developments (projects consisting of three or more dwelling units on a lot, excluding upper-story housing in commercial buildings) shall conform to all of the following standards, which are intended to promote livability for residents and compatibility with nearby uses. Figures 153.043(a) and 153.043(b) provide conceptual illustrations of the requirements listed below.
   (A)   Purpose. The following standards are intended to ensure that multi-family developments are planned with adequate open space and are designed to prevent conflicts between residential uses, on-site recreation and vehicle circulation and parking areas. Design standards that orient multi-family dwellings with visibility of adjacent streets, walkways and yards also support crime prevention through natural surveillance of such areas.
   (B)   Applicability. This section applies to new multi-family developments.
      (1)   Building orientation.
         (a)   Multi-family buildings shall generally orient to a public street or shall orient to an internal driveway containing a separated or raised walkway connecting each dwelling unit entrance to the parking area, any on-site recreation areas and the street right-of-way.
         (b)   Parking areas, to the extent practicable, shall not be placed between residences and adjacent streets, but instead should be oriented internally to the development site as generally depicted in the following exhibits.
      (2)   Common open space and landscaping. A minimum of 20% of the site area in the R Districts and 10% of the site area in the CR District shall be designated and permanently reserved as common area or open space, in accordance with all of the following criteria.
         (a)   For the purpose of this division (B)(2), SITE AREA is defined as the subject lot or lots after subtracting any required dedication of street right-of-way.
         (b)   The common area or open space shall contain one or more of the following: outdoor recreation area; tree grove (e.g., existing mature trees); turf play fields or playgrounds; sports courts; swim pool; walking fitness course; natural area with picnic benches; or similar open space amenities as appropriate for the intended residents.
         (c)   In order to be counted as eligible toward the minimum open space area, such areas shall have dimensions of not less than 20 feet.
         (d)   Open space and common areas not otherwise developed with recreational facilities shall be landscaped; alternatively, the Planning Commission may approve a tree preservation plan (retain mature tree groves) in lieu of landscaping.
      (3)   Private open space. Private open space areas shall be required for dwelling units based on the following criteria.
         (a)   A minimum of 40% of all ground-floor dwelling units shall have front or rear patios or decks containing at least 48 square feet of usable area. For the purpose of this division (B)(3), GROUND-FLOOR HOUSING means the housing unit entrance (front or rear) is within five feet of the finished ground elevation (i.e., after grading and landscaping).
         (b)   A minimum of 40% of all upper-floor housing units shall have balconies or porches containing at least 48 square feet of usable area. For the purpose of this division (B)(3)(b), UPPER-FLOOR HOUSING means housing units that are more than five feet above the finished grade.
      (4)   Trash receptacles. Trash receptacles shall be oriented away from building entrances, setback at least ten feet from any public right-of-way and adjacent residences and shall be screened with an evergreen hedge or solid fence or wall of not less than six feet in height. Receptacles must be accessible to trash pick-up trucks.
   Figure 153.043(a) Acceptable Site Plan
   Figure 153.043(b) Unacceptable Site Plan
(Ord. 1267, passed 1-3-2012)

§ 153.044 COMMERCIAL DEVELOPMENT STANDARDS.

   The following standards are intended to improve the quality of the built environment in areas where commercial development is allowed. The standards ensure that new commercial buildings are easily accessible to pedestrians and contribute to an attractive, walkable commercial area. The standards are also intended to protect and enhance the city’s Historic Commercial Core.
   (A)   Driveway access requires city or ODOT approval, as applicable, in conformance with §§ 153.140 through 153.142. Driveways and any drive-up/through queuing areas shall be designed so that vehicles do not obstruct any fire apparatus access lane, walkway or public right-of-way.
   (B)   Buildings shall have at least one primary entrance facing an adjacent street, so that the entrance is visible and easily accessible from the public right-of-way for pedestrians. This provision is met by complying with all of the following standards.
   Figure 153.044(a)
      (1)   Buildings adjacent to Spruce Street shall have a primary entrances oriented to Spruce Street with no parking located between the building and sidewalk. Buildings on corner lots may have a corner entrance or an entrance oriented to Spruce Street or the side street.
      (2)   Building adjacent to streets other than Spruce Street shall be oriented to provide direct and convenient pedestrian access to a public sidewalk; the distance between a building’s primary entrance and the sidewalk shall be minimized.
      (3)   Where parking must be located between a building’s primary entrance and a public sidewalk, a landscape buffer shall be provided between the parking lot and sidewalk in conformance with the landscape standards in §§ 153.155 through 153.159.
   (C)   All new buildings shall contain canopies, awnings, overhangs, recesses or other features providing weather-protection over the primary building entrance(s). Such weather-protection shall cover an area of not less than 16 square feet and extend a minimum of four feet from each primary building entrance.
   (D)   Building architecture in the Downtown Core shall be consistent with the historic building pattern with regard to form, detailing, materials and color. In reviewing proposed building plans, the city decision-making body shall consider the following elements in determining design consistency: roof form (e.g., flat or pitched) and roof detailing (e.g., parapet, cornice or gable); building exterior cladding (e.g., masonry brick, stone block, stucco or wood); windows, canopies/awnings, signs and doors (e.g., placement, proportions, orientation and detailing); height/scale (e.g., division of upper and lower building stories and general alignment with adjacent buildings); and materials and color. The city decision-making body may exercise reasonable discretion in interpreting this division (D), consistent with the purpose and intent of this section.
   (E)   Off-street parking is not required for uses within the Commercial Core. Off-street parking for uses in all other locations shall be provided in conformance with §§ 153.170 through 153.174.
   (F)   The Planning Commission may require landscaping, screening, lighting, materials or pedestrian walkway improvements to ensure compatibility with adjacent uses, including, but not limited to, uses in residential districts. All developments adjacent to Oregon State Route 42 (OR 42) shall conform to the highway corridor/gateway landscape standards in §§ 153.155 through 153.159.
   (G)   Drive-up, drive-in and drive-through facilities (e.g., coffee kiosks, drive-up windows, teller machines, drop-boxes and similar facilities) shall not encroach into any street, sidewalk or bicycle way. Where such facilities are located adjacent to a street or highway, the drive-up/in/through vehicle queuing (waiting area) and service window/teller machine/drop box or the like shall be setback not less than ten feet from the street or highway right-of-way; the setback area shall contain a landscaped buffer conforming to §§ 153.155 through 153.159. The ten-foot setback does not apply to permitted buildings, canopies or drive aisles where vehicles exit the site.
   Figure 153.044(b)
(Ord. 1267, passed 1-3-2012)

§ 153.045 WATER (W) ZONE DEVELOPMENT.

   (A)   Purpose. This section contains development standards for the Water (W) Zone, consistent with the city’s comprehensive plan and the Coquille River estuary management plan. The W Zone contains one district, designated “conservation.” Uses and activities must conform to the purpose of that conservation district, which is to manage this area for long-term uses of renewable resources that do not require major alteration of the estuary, except for the purposes of restoration.
   (B)   Permitted uses and activities. The following uses and activities are permitted:
      (1)   Undeveloped, low-intensity, water-dependent recreation, boat ramps or public use where no dredging or fill for navigational access is needed;
      (2)   Research and educational observations;
      (3)   Navigational aids and communication facilities;
      (4)   Protection of habitat, nutrient, fish, wildlife and aesthetic resources, active restoration of fish and wildlife habitat or water quality and estuarine enhancement;
      (5)   Passive restoration measures;
      (6)   Riprap for protection of uses existing as of October 7, 1977, unique natural resources, historical and archeological values and public facilities;
      (7)   Bridge crossings, their support structures and dredging necessary for their installation;
      (8)   Aquaculture that does not involve dredge or fill or other estuarine alteration other than incidental dredging for harvest of benthic species or removable in-water structures such as stakes or racks;
      (9)   Boat ramps for public use where not dredging or fill for navigational access is needed; and
      (10)   Pipelines, cables and utility crossings, including incidental dredging necessary for their installation, except as otherwise restricted under § 153.023(A).
   (C)   Conditional uses and activities. Minor navigational improvements are allowed subject to approval of a conditional use permit under §§ 153.265 through 153.268.
   (D)   Special provisions.
      (1)   Policies 6, 7, 8, 9, 10 and 11 contained in the estuarine resources element of the city’s comprehensive plan are included herein by reference and made a part of this chapter.
      (2)   All uses in the Water Zone shall be conducted in accordance with all applicable state and federal laws and regulations, and nothing in this section is to be construed as modifying or superseding those authorities.
(Ord. 1267, passed 1-3-2012)

§ 153.046 CERTAIN RESIDENTIAL USES GRANTED SPECIAL STATUS.

   Special status has been granted to existing single-family, two-family (duplex) and accessory dwellings and manufactured homes in industrial zones. This status includes dwellings used as group care homes, group care facilities, family daycare and home occupations. Notwithstanding the restrictions of any other section of this chapter, these properties shall be deemed to be conforming to the base zoning district.
(Ord. 1267, passed 1-3-2012; Ord. 1268, passed 3-18-2013)