It is the intent of this section to regulate the placement of residences in nonresidential zoning districts.

Residences shall be allowed in nonresidential zones as follows:

A.

C-1 zones: Residences are prohibited at street grade. For floors other than street grade, residences are allowed as an outright permitted use.

B.

C-2 zones: For areas outside of the Historic Nye Beach Design Review District, residences are prohibited at street grade. For floors other than street grade, residences are allowed as an outright permitted use. On lands zoned C-2 that are within the Historic Nye Beach Design Review District, residential uses shall be allowed as specified in Chapter 14.30, Design Review Standards.

C.

C-3 zones: Same as the C-1 zone.

D.

For all I zones: One residence for a caretaker or watchman as an accessory use is allowed as a permitted use.

E.

W-2 zones: Residences are prohibited at street grade. For floors other than street grade, residences are allowed subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 14.34, Conditional Uses, and Chapter 14.52, Procedural Requirements.

F.

For all other nonresidential zones: Residences are prohibited.

G.

Affordable Housing. Notwithstanding other provisions of this section, Affordable Housing shall be permitted at street grade provided:

1.

It is situated outside of the Tsunami Hazards Overlay Zone; and

a.

The property is zoned for commercial or public use, as outlined in Section 14.03.020; or

b.

The property is zoned I-1, is publicly owned, and is adjacent to land zoned for residential use or a school.

2.

Development standards for Affordable Housing under this subsection shall be the same as those that apply to the adjacent residentially zoned property. If there is no adjacent land zoned for residential use, then the development standards of the R-4 zone shall apply.

3.

Affordable Housing on property within the Historic Nye Beach Design Review District, shall satisfy the development standards specified in Chapter 14.30, Design Review Standards.

(Ordinance No. 2125, December 4, 2017; Ordinance No. 2216, January 2, 2024)