Warrenton City Zoning Code
Division 2
Land Use Districts
§ 16.20.010 Classification of Land Use Districts.
All areas within the corporate limits and urban growth boundary of the City of Warrenton are divided into land use districts (also known as "zones"). The use of each lot, parcel, and tract of land is limited to the uses permitted by the applicable land use district. The applicable land use district shall be determined based on the Land Use District Map, and the provisions of this division.
§ 16.20.020 Land Use District (Zoning) Map.
A.
Consistency with the Land Use District Map. The boundaries of each of the land use districts contained within this division shall coincide with the land use district boundaries identified on the official City of Warrenton Zoning Map, retained by the City Recorder. Said map by this reference is made part of this Land Development Code. A certified print of the adopted land use map, and any map amendments, shall be maintained by the City.
B.
Applicability of Zoning Requirements. Each lot, tract, and parcel of land or portion thereof within the land use district boundaries as designated and marked on the zoning map, is classified, zoned and limited to the uses as hereinafter specified and defined for the applicable district classification.
C.
Land Use District Amendments. All amendments to the City land use district (zoning) map shall be made in accordance with the provisions of Chapter 16.232 of this Code.
1.
Copies of all map amendments shall be dated with the effective date of the ordinance adopting the map amendment, and shall be maintained without change, together with the adopting documents, on file at the City; and
2.
The City shall make available for public inspection an up-to-date copy of the revised land use district (zoning) map, so it accurately portrays changes of zone boundaries or classifications, as applicable.
§ 16.20.030 Determination of Land Use District Boundaries.
Where there is uncertainty, contradiction or conflict (scale, lack of detail or illegibility) as to the intended location of district boundary lines, the boundary lines shall be determined by the Community Development Director in accordance with the following:
A.
Boundaries indicated as approximately following the center lines of streets, highways, railroad tracks or alleys shall be construed to follow such centerlines.
B.
Boundaries indicated as approximately following the boundaries of a parcel, lot, or tract, shall be construed to follow such boundaries.
C.
Boundaries indicated as approximately following a City boundary, or the Urban Growth Boundary, shall be construed as following said boundary.
D.
Boundaries indicated as approximately following the banks of rivers, streams, or lakes shall be construed as following the top-of-bank, or bankfull stage, of the river, stream, or lake.
E.
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 land use district designation that is applicable to the abutting vacated area. In cases where the right-of-way formerly served as a land use district boundary, the lands formerly within the vacated right-of-way shall be allocated proportionately between the subject land use districts.
§ 16.20.040 Review of Transportation Facilities and Improvements for Compliance with Land Use Regulations.
A.
Except as otherwise specifically regulated by this Code, transportation facilities and improvements meeting one or more of the definitions for transportation facilities and improvements (see Chapter 16.12) are permitted outright in the following land use districts (zones): R-40, R-10, GM, RM, RH, C-1, C-MU, OSI, R-C, and I-1.
B.
Except as otherwise specifically regulated by this Code, land transportation facilities and improvements meeting one or more of the definitions for transportation facilities and improvements (see Chapter 16.12) are permitted outright in the following land use districts (zones): C-2 and I-2.
C.
In the Beach Dune Overlay (BDO) Zone (see Chapter 16.100), vehicular transportation facilities and improvements (not multi-use paths or trails) that have been identified in the Warrenton TSP are permitted, conditionally subject to the provisions of Chapter 16.220 of this Code. Goal findings or a goal exception that determines the proposed project to be consistent with the adopted goal finding or exception are required.
E.
In all land use districts and overlay zones of the City, transportation facilities and improvements are subject to the development standards of the pertinent land use district (and overlay zone, if applicable).
§ 16.24.010 Purpose.
The Low Density Residential Zone is intended for areas which are physically isolated from the developed portions of the City, and for which extension of sewer and water services would be prohibitively expensive; however, all new sewer and water connections for a proposed development shall comply with all City regulations. Lands in this zone must be able to support development with on-site sewage disposal systems, and comply with all local, state and federal requirements. Agriculture, open space and residential uses will be permitted in this zone subject to wetlands, weak foundation soils, and active dune constraints.
§ 16.24.020 Permitted Uses.
The following uses and their accessory uses are permitted in the R-40 zone if the Community Development Director determines that the uses conform to the standards in Sections 16.24.040 through 16.24.050, applicable Development Code standards, and other City laws:
A.
Single-family detached dwelling.
B.
Modular home.
D.
Residential home.
E.
Residential (care) facility.
F.
Day care.
G.
Farming, grazing, truck gardening, orchards and production of nursery stock.
H.
A temporary dwelling for no more than six months while building a permanent residence.
I.
Accessory structure, no larger than 1,200 square feet, in conjunction with an existing residence on the same property, and subject to standards of Chapter 16.180.
K.
Similar uses as stated above.
L.
Community garden(s) (see definitions).
M.
Incidental sales of firewood, cut flowers, produce grown on the premises, lemonade, and similar items.
N.
Home occupations.
O.
Accessory dwelling that complies with Section 16.180.040.
(Ord. 1175-A § 2, 2013; Ord. 1221 § 2, 2018; Ord. 1248 § 2, 2021)
§ 16.24.030 Conditional Uses.
The following uses and their accessory uses may be permitted in the R-40 zone when approved under Chapter 16.220:
A.
Government buildings and uses, subject to standards of Sections 16.24.040(C) and 16.24.050.
B.
Public utility structure.
C.
Golf course.
D.
Parks, playground and community center.
E.
Bed and breakfast.
F.
Church, synagogue, or other place of worship.
G.
Master planned development with a minimum lot size of three contiguous acres, subject to the provisions in Chapter 16.224.
H.
Accessory dwelling that complies with Section 16.180.040.
I.
Child care center.
J.
Similar uses as stated above.
(Ord. 1175-A § 3, 2013)
§ 16.24.040 Development Standards.
The following development standards are applicable in the R-40 zone:
A.
Density Provisions.
1.
Minimum lot area for residences with on-site sewage disposal systems: 40,000 square feet.
2.
Minimum lot area for residences connected to the City of Warrenton sewer system: 10,000 square feet.
3.
Minimum lot width at the front building line: 50 feet.
4.
Minimum lot depth: 80 feet.
5.
Not more than 35% of lot area shall be covered by buildings or other impervious surfaces, except as may be permitted by conditional use permit or variance.
6.
Maximum building height: 30 feet.
7.
Maximum building height for agricultural buildings, solar collectors, wind energy systems and radio receivers: 40 feet.
B.
Setback Requirements.
2.
Minimum side yard setback: 10 feet.
3.
Corner lot minimum street side, side yard setback: 10 feet.
4.
Minimum rear yard setback: 10,000 square foot lot, 15 feet; except accessory structures that meet the criteria of Section 16.280.020, may extend to within five feet of the rear property line; and for 40,000 square foot lots the dwelling and any accessory structure must maintain a 15-foot setback.
5.
Corner lot minimum rear yard setback: 10 feet.
§ 16.24.050 Other Applicable Standards.
A.
Outside sales and service areas shall be approved by the Warrenton Planning Commission if not enclosed by suitable vegetation, fencing or walls.
B.
Outside storage areas shall be enclosed by suitable vegetation, fencing or walls, in conformance with Chapter 16.124.
E.
All development shall comply with the wetland and riparian area protection standards of Chapter 16.156.
F.
All other applicable Development Code requirements shall also be satisfied.
H.
All uses must comply with the criteria of Chapter 16.124, Landscaping, Street Trees, Fences and Walls.
I.
Manufactured homes must comply with the criteria of Section 16.168.010.
K.
All new sewer and water connections for a proposed development shall comply with all City regulations.
§ 16.28.010 Purpose.
The purpose of the Intermediate Density Residential Zone is to provide areas within the City which have the capacity to accommodate single-family dwellings in conventional subdivisions or planned unit developments. These areas are intended for service by municipal utilities and urban type street systems, and, consequently, the residents must be willing to support the costs associated with this density of development. Certain public facilities and other nonresidential uses are permitted when desirable conditions and safeguards are satisfied. This zone includes those areas in Hammond that were in Hammond's Low Density Residential Zone (R-10).
§ 16.28.020 Permitted Uses.
The following uses and their accessory uses are permitted in the R-10 zone if the Community Development Director determines that the uses conform to the standards in Sections 16.28.040 through 16.28.050, applicable Zoning Ordinance standards, and other City laws:
A.
Single-family detached, attached or duplex dwelling.
B.
Modular home.
D.
Residential home.
E.
Residential (care) facility.
F.
Day care.
G.
Cemetery.
H.
Farming, grazing, truck gardening, orchards and production of nursery stock.
I.
A temporary dwelling for no more than six months while building a permanent residence.
J.
Accessory structure no larger than 1,200 square feet, in conjunction with an existing residence on the same property, and subject to standards of Chapter 16.180.
L.
Similar uses as stated above.
M.
Community garden(s) (see definitions).
N.
Incidental sales of firewood, cut flowers, produce grown on the premises, lemonade, and similar items.
O.
Home occupations.
P.
Accessory dwelling that complies with Section 16.180.040.
(Ord. 1175-A § 4, 2013; Ord. 1221 § 2, 2018; Ord. 1234 § 1, 2020; Ord. 1248 § 2, 2021)
§ 16.28.030 Conditional Uses.
The following uses and their accessory uses may be permitted in the R-10 zone when approved under Chapter 16.220:
A.
Government buildings and uses subject to standards of Sections 16.28.040(C) and 16.28.050.
B.
Hospital, sanitarium, rest home, nursing or convalescent home.
C.
Public utility structure.
D.
School: nursery, primary, elementary, junior or senior high; public or private.
E.
Child care center.
F.
Golf course.
G.
Parks, playgrounds and community centers.
H.
Church, synagogue, or other place of worship.
I.
Bed and breakfast.
J.
Master planned development with a minimum lot size of three contiguous acres, subject to the provisions in Chapter 16.224.
K.
Accessory dwelling that complies with Section 16.180.040.
L.
RV park.
M.
Similar uses as stated above.
(Ord. 1175-A § 5, 2013)
§ 16.28.040 Development Standards.
The following development standards are applicable in the R-10 zone:
A.
Density Provisions.
1.
Minimum lot area for residences: 8,000 square feet. Minimum density is five dwelling units per acre.
2.
Minimum lot width at the front building line for detached dwelling: 50 feet.
3.
Minimum lot area for single-family attached dwelling: 2,500 square feet.
4.
Minimum lot width at the front building line for single-family attached dwelling: 25 feet.
5.
Minimum lot depth: 70 feet.
6.
Not more than 35% of the lot area shall be covered by buildings except as may be permitted by conditional use permit or variance.
B.
Setback Requirements.
1.
Minimum front yard setback: 15 feet.
2.
Minimum side yard setback: 10 feet.
3.
Corner lot minimum street side yard setback: 10 feet.
4.
Minimum rear yard setback: 15 feet, except accessory structures that meet the criteria of Section 16.280.020, may extend to within five feet of a rear property line.
5.
Corner lot minimum rear yard setback: 10 feet.
(Ord. 1234 § 1, 2020)
§ 16.28.050 Other Applicable Standards.
A.
Outside sales and service areas shall be approved by the Warrenton Planning Commission if not enclosed by suitable vegetation, fencing or walls.
B.
Outside storage areas shall be enclosed by suitable vegetation, fencing or walls, in conformance with Chapter 16.124.
E.
All development shall comply with the wetland and riparian area protection standards of Chapter 16.156.
F.
Manufactured homes must comply with the criteria of Section 16.168.010.
H.
All other applicable Development Code requirements must be met.
I.
All new sewer and water connections for a proposed development shall comply with all City regulations.
§ 16.32.010 Purpose.
The Medium Density Residential Zone is intended to accommodate a variety of housing types including single-family dwellings, duplexes and, where appropriate, manufactured dwelling subdivisions and manufactured dwelling parks. This intensity of residential use is envisioned for locations in the City where community services and adequate access are available. Residential densities permitted are somewhat greater than those permitted in an R-10 zone. Certain public facilities and other nonresidential uses are also permitted when desirable conditions and safeguards are satisfied. Those lands in the Hammond area that were in the Hammond R-6 zone have been placed in this zone.
§ 16.32.020 Permitted Uses.
The following uses and their accessory uses are permitted in the R-M Zone if the Community Development Director determines that the uses conform to the standards in Sections 16.32.040 through 16.32.050, and any other applicable Development Code standards, and other City laws:
A.
Single-family detached dwelling.
B.
Modular home.
E.
Residential home.
F.
Residential (care) facility.
G.
Day care.
H.
Master planned development with a minimum lot size of three contiguous acres, subject to provisions in Chapter 16.224.
I.
A temporary dwelling for no more than six months while building a permanent residence.
J.
Accessory structure no larger than 1,200 square feet, in conjunction with an existing residence on the same property, and subject to standards of Chapter 16.180.
M.
Similar uses as those stated above.
N.
Community garden(s) (see definitions).
O.
Incidental sales of firewood, cut flowers, produce grown on the premises, lemonade, and similar items.
P.
Home occupations.
Q.
Accessory dwelling that complies with Section 16.180.040.
(Ord. 1175-A § 6, 2013; Ord. 1221 § 2, 2018; Ord. 1234 § 1, 2020; Ord. 1248 § 2, 2021)
§ 16.32.030 Conditional Uses.
The following uses and their accessory uses may be permitted when approved under Chapter 16.220:
A.
Church, synagogue, or other place of worship.
B.
Government buildings and uses subject to applicable standards of Sections 16.32.040(C) and 16.32.050.
C.
Hospital sanitarium, rest home, nursing or convalescent home.
D.
School: nursery, primary, elementary, junior or senior high; private or public.
E.
Child care center.
F.
Public utility structure.
G.
Parks, playgrounds, and community centers.
H.
Bed and breakfast.
J.
Accessory dwelling that complies with Section 16.180.040.
K.
Similar uses as those stated above.
(Ord. 1175-A § 7, 2013)
§ 16.32.040 Development Standards.
The following development standards are applicable in the R-M zone:
A.
Density Provisions.
1.
Minimum lot area for single-family detached dwelling or duplex: 5,000 square feet. Minimum density is eight dwelling units per acre.
2.
Minimum lot area for single-family attached dwelling: 2,500 square feet.
3.
Minimum lot width at the front building line for single-family detached dwelling or duplex: 50 feet.
4.
Minimum lot width at the front building line for single-family attached dwelling: 25 feet.
5.
Minimum lot depth: 70 feet.
6.
Not more than 40% of the lot area shall be covered by buildings, except as may be permitted by conditional use permit or variance.
7.
Maximum building height: 30 feet.
B.
Setback Requirements.
1.
Minimum front yard setback: 15 feet.
2.
Minimum side yard setback: 8 feet.
3.
Corner lot minimum street side yard setback: 8 feet.
4.
Minimum rear yard setback: 15 feet, except accessory structures that meet the criteria of Section 16.280.020 may extend to within five feet of a rear property line.
5.
Corner lot minimum rear yard setback: 10 feet.
(Ord. 1234 § 1, 2020)
§ 16.32.050 Other Applicable Standards.
A.
Outside sales and service areas shall be approved by the Warrenton Planning Commission if not enclosed by suitable vegetation, fencing or walls.
B.
Outside storage areas shall be enclosed by suitable vegetation, fencing or walls, in conformance with Chapter 16.124.
E.
All development shall comply with the wetland and riparian area protection standards of Chapter 16.156.
F.
All other applicable Development Code requirements shall also be satisfied.
G.
All uses must comply with the criteria of Chapter 16.124, Landscaping, Street Trees, Fences and Walls.
K.
A garage or carport is required for each dwelling unit and shall conform to the standards of Chapter 16.180.
L.
All other applicable Development Code requirements must be met.
M.
All new sewer and water connections for a proposed development shall comply with all City regulations.
N.
Master planned development with a minimum lot size of three contiguous acres, subject to provisions in Chapter 16.224.
O.
Accessory structures no larger than 1,200 square feet, in conjunction with an existing residence on the same property, and subject to standards of Chapter 16.180.
Q.
Accessory dwelling that complies with Section 16.180.040.
R.
Prior to undertaking disposal, the dredging project proponent shall consult with the Army Corps and Oregon DSL to determine if the disposal site contains wetlands that are regulated under permit programs administered by those agencies. If the site contains regulated wetlands, the dredging project proponent shall either alter the disposal site boundaries to avoid the wetlands and leave an acceptable protective buffer, or obtain the necessary Corps and DSL permits to fill the wetlands.
§ 16.36.010 Purpose.
The High Density Residential Zone is intended to encourage the development of duplexes and other multi-family dwellings. It provides for high density uses in locations close to the downtown area or other locations which have suitable streets, utilities and other characteristics. Certain nonresidential uses are allowed if they will not detract from the character of this district. Land in the Hammond area that was in the Town's R-H zone has been placed in this zone.
§ 16.36.020 Permitted Uses.
The following uses and their accessory uses are permitted in the R-H zone if the Community Development Director determines that the uses conform to the standards in Sections 16.36.040 through 16.36.050, applicable Development Code standards, and other City laws:
A.
Single-family detached dwelling.
B.
Modular housing.
C.
Manufactured home.
G.
Residential home.
H.
Residential (care) facility.
I.
Day care.
J.
A temporary dwelling for no more than six months while building a permanent residence.
K.
Accessory structure no larger than 1,200 square feet, in conjunction with an existing residence on the same property and subject to the additional criteria under Chapter 16.180.
L.
Master planned development with a minimum lot size of three contiguous acres, subject to the provisions in Chapter 16.224.
N.
Similar uses as stated above.
O.
Incidental sales of firewood, cut flowers, produce grown on the premises, lemonade, and similar items.
P.
Home occupations.
Q.
Accessory dwelling that complies with Section 16.180.040.
(Ord. 1175-A § 8, 2013; Ord. 1221 § 2, 2018; Ord. 1248 § 2, 2021)
§ 16.36.030 Conditional Uses.
The following uses and their accessory uses may be permitted when approved under Chapter 16.220:
A.
Boarding, lodging or rooming houses.
B.
Hospitals, sanitariums, rest homes, nursing or convalescent homes, medical clinic or office in conjunction with a residential facility.
C.
Churches, synagogues, or other places of worship.
D.
Parks, playgrounds and community centers.
E.
Government buildings and uses subject to standards of Sections 16.36.040(C) and 16.36.050.
F.
Public utility structure.
G.
School: nursery, primary, elementary, junior or senior high: public or private.
H.
Child care center.
I.
Bed and breakfast.
J.
Accessory dwelling subject to standards of Section 16.180.040.
K.
Similar uses as stated above.
(Ord. 1175-A § 9, 2013)
§ 16.36.040 Development Standards.
The following development standards are applicable in the R-H zone:
A.
Density Provisions.
1.
Minimum lot area for a single-family detached dwelling: 4,500 square feet. Minimum density is 20 units per acre.
2.
Minimum lot area duplex, townhome, rowhouse: 2,500 square feet per unit.
3.
Minimum lot area for a triplex: 7,500 square feet.
4.
Minimum lot area for a multifamily dwelling: 10,000 square feet.
5.
Maximum density for multifamily structures: one dwelling unit per 1,600 square feet of site area.
6.
Lot coverage: not more than 55% of an individual lot area shall be covered by buildings, except as may be permitted by conditional use permit or variance.
7.
Minimum lot width at the front building line for single-family detached dwelling or multifamily dwelling: 50 feet.
8.
Minimum lot width at the front building line for duplex, townhome, rowhouse: 25 feet per unit.
9.
Minimum lot depth: 70 feet.
10.
Maximum building height: 40 feet.
11.
The lowest density which will be allowed in new subdivisions and other developments with four or more units that are located on sites without significant natural feature problems is five dwelling units per gross acre.
B.
Setback Requirements.
1.
Minimum front yard setback: 15 feet.
2.
Minimum side yard setback: eight feet.
3.
Corner lot minimum secondary street side yard setback: eight feet.
4.
Minimum rear yard setback: 15 feet except accessory structures that meet the criteria of Section 16.280.020 may extend to within five feet of a rear property line.
5.
Corner lot minimum rear yard setback: 10 feet.
C.
(Ord. 1175-A § 10, 2013; Ord. 1234 § 1, 2020)
§ 16.36.050 Other Applicable Standards.
A.
Outside sales and service areas shall be approved by the Warrenton Planning Commission if not enclosed by suitable vegetation, fencing or walls.
B.
Outside storage areas shall be enclosed by suitable vegetation, fencing or walls, in conformance with Chapter 16.124.
E.
All development shall comply with the wetland and riparian area protection standards of Chapter 16.156.
F.
All other applicable Development Code requirements shall also be satisfied.
G.
For any common boundary between an R-H zone and any other residential zone there shall be a visual buffer strip at least 10 feet wide to provide a dense evergreen landscape buffer which attains a mature height of at least eight feet.
H.
All uses must comply with the criteria of Chapter 16.124, Landscaping, Street Trees, Fences and Walls.
J.
A garage (attached or detached) or carport is required for each dwelling unit up to three units, and shall conform to the standards of Chapter 16.180. In place of garages, multifamily units are encouraged to provide storage facilities for residents subject to site design review.
K.
All new sewer and water connections for a proposed development shall comply with all City regulations.
(Ord. 1242 § 3, 2020)
§ 16.40.010 Purpose.
The purpose of the General Commercial Zone is to allow a broad range of commercial uses providing products and services in the Warrenton downtown area, the Hammond business district and marina, and along the Highway 101 corridor.
(Ord. 1258 § 2, 2022)
§ 16.40.020 Permitted Uses.
The following uses and their accessory uses are permitted in the C-1 zone if the uses conform to the standards in Sections 16.40.040 through 16.40.060, Chapters 16.124, 16.212 and other applicable Development Code standards, and other City laws:
A.
Only the following uses and their accessory uses are permitted along Highway 101, SE Marlin, SE Ensign Drive, SE Discovery Lane, and SE Dolphin Avenues and shall comply with the above noted sections as well as Chapter 16.132:
1.
Personal and business service establishments such as barber or beauty shop, clothes cleaning, funeral home and pet grooming.
2.
Professional, financial, business and medical offices.
3.
Retail business establishments.
4.
Amusement enterprises such as theater or bowling alley.
5.
Technical, professional, vocational and business schools.
6.
Membership organizations such as unions, lodge hall, club or fraternal buildings.
7.
Eating and drinking establishments, including food carts and food pods.
8.
Hotel, motel or other tourist accommodation, including bed and breakfast.
9.
Automobile sales, and/or service and parts establishment.
10.
Boat and marine equipment sales, service or repair facilities.
11.
Building material sales yard.
12.
Government buildings and uses.
15.
Community garden(s) (see definitions).
16.
Hospital, medical offices, sanitarium, rest home, nursing or convalescent home.
17.
Congregate care or assisted living facility.
18.
Public utilities, including pipelines, cables, and utility crossings but not structures.
19.
Commercial uses with a residential use(s) [apartment(s)] located either above or behind the commercial use so that the commercial use is the predominant use on the property.
22.
Similar uses as those stated above.
B.
Only the following uses and their accessory uses are permitted along Main Avenue between Whiskey Road and NE 1st Street and shall comply with the above noted sections as well as Chapter 16.132:
1.
Personal and business service establishments such as barber or beauty shop, clothes cleaning, funeral home, or pet grooming.
2.
Professional, financial, business and medical offices.
3.
Retail business establishments, except for smoke shops.
4.
Amusement enterprises such as theater or bowling alley.
5.
Technical, professional, vocational and business schools.
6.
Membership organizations such as unions, lodge hall, club or fraternal buildings.
7.
Eating and drinking establishments, including food carts and food pods.
8.
Hotel, motel or other tourist accommodation, including bed and breakfast.
9.
Automobile sales, service or repair establishment.
10.
Boat and marine equipment sales, service or repair facilities.
11.
Building material sales yard.
12.
Residential home.
13.
Residential (care) facility.
14.
Home occupations (must comply with Subsection B.19 of this section).
15.
Child care center.
16.
Government buildings and uses.
17.
Public utilities, including structures, pipelines, cables, and utility crossings.
18.
Hospital, medical offices, sanitarium, rest home, nursing or convalescent home.
19.
Congregate care or assisted living facility.
20.
Single-family residences existing prior to April 2, 1997, may be repaired, remodeled, expanded, or replaced if damaged.
22.
Community garden(s) (see definitions).
23.
Commercial uses with second floor residential use(s) [apartment(s)] or on the same lot with existing single-family detached built prior to April 2, 1997.
26.
Similar uses as those stated in this section.
C.
For all other C-1 zoned areas within the City limits of Warrenton, the following uses and their accessory uses are permitted and shall comply with the above noted sections:
1.
Personal and business service establishments such as barber or beauty shop, clothes cleaning, funeral home, or pet grooming.
2.
Professional, financial, business and medical offices.
3.
Retail business establishments.
4.
Amusement enterprises such as theater or bowling alley.
5.
Technical, professional, vocational and business schools.
6.
Membership organizations such as unions, lodge hall, club or fraternal buildings.
7.
Eating and drinking establishments, including food carts and food pods.
8.
Hotel, motel or other tourist accommodation, including bed and breakfast.
9.
Automobile sales, service or repair establishment.
10.
Boat and marine equipment sales, service or repair facilities.
11.
Building material sales yard.
12.
Residential home.
13.
Residential (care) facility.
14.
Home occupations (must comply with subsection C.19 of this section).
15.
Child care center.
16.
Government buildings and uses.
17.
Public utilities, including structures, pipelines, cables, and utility crossings.
18.
Hospital, medical offices, sanitarium, rest home, nursing or convalescent home.
19.
Congregate care or assisted living facility.
20.
Single-family residences existing prior to April 2, 1997 may be repaired, remodeled, expanded, or replaced if damaged.
22.
Community garden(s) (see definitions).
23.
Commercial uses with second floor residential use(s) [apartment(s)] or on the same lot with existing single-family detached built prior to April 2, 1997.
26.
Similar uses as those stated in this section.
(Ord. 1177-A § 2, 2013; Ord. 1186-A § 1, 2014; Ord. 1196-A § 1, 2015; Ord. 1234 § 1, 2020; Ord. 1248 § 2, 2021; Ord. 1249 § 1, 2022; Ord. 1258 § 2, 2022; Ord. 1294, 7/11/2025)
§ 16.40.030 Conditional Uses.
The following uses and their accessory uses may be permitted in the C-1 zone when approved under Chapter 16.220 and shall comply with Sections 16.40.040 through 16.40.060 and Chapters 16.124 (Landscaping) and 16.212 (Site Design Review):
A.
Only the following uses and their accessory uses are permitted along Highway 101, SE Marlin and SW Dolphin Avenues, and shall comply with the above noted sections and Chapter 16.132:
1.
Cabinet, carpenter, woodworking or sheet metal shops.
2.
Processing uses such as bottling plants, bakeries and commercial laundries.
3.
Research and development establishments, laboratories, and similar facilities.
4.
Wholesale storage and distribution facilities, including cold storage.
5.
RV park.
6.
New drive-through/drive-up facility or substantially improved as defined by 25% of assessed value.
7.
Medical marijuana dispensaries and recreational marijuana retail outlets licensed by the State of Oregon and subject to Section 16.40.060(I).
8.
Similar uses as those stated in this section.
B.
The following uses and their accessory uses are permitted in all other C-1 zoned areas within the City limits of Warrenton:
1.
Cabinet, carpenter, woodworking or sheet metal shops.
2.
Building contractor shops, including plumbing, electrical and HVAC.
3.
Fuel oil distributor.
4.
Processing uses such as bottling plants, bakeries, coffee roasters, and commercial laundries.
5.
Research and development establishments, laboratories, and similar uses.
6.
Wholesale storage and distribution facilities, including cold storage.
7.
Veterinary clinic, kennels.
8.
Tool and equipment rental.
9.
Mini-warehouses or similar storage uses, subject to the requirements in Section 16.116.030(G). In addition to the conditional use permit criteria in 16.220.030, for new mini-warehouses, the applicant shall be required to demonstrate that there is a deficit of mini-warehouses in the City. For purposes of this section, a deficit of mini-warehouses in the City shall mean that the total number of existing mini-storage units within the City as compared to the City's current population, as estimated by Portland State University or another governmental source, does not exceed one mini-storage unit per 10 people. A mini-storage unit shall be defined as each space within a mini-warehouse that is designed to be made available to rent.
10.
Church, synagogue, or other place of worship.
11.
RV park.
12.
Multifamily housing development subject to the development and other applicable standards of Chapter 16.36, Section 16.124.070 generally and Section 16.124.070(C)(1) specifically, and Chapter 16.188.
13.
Cottage manufacturing that occurs in tenant spaces or structures that are less than 2,000 square feet.
14.
Fermentation enterprises, such as breweries and distillers, may also include a taproom as an accessory use.
15.
Similar uses to those listed in this section.
(Ord. 1211-A § 1, 2017; Ord. 1225 § 3, 2019; Ord. 1242 § 1, 2020; Ord. 1249 § 1, 2022; Ord. 1258 § 2, 2022; Ord. 1267, 10/22/2024)
§ 16.40.040 Development Standards.
The following development standards are applicable in the C-1 zone:
B.
Setback Requirements.
1.
Minimum front yard setback, commercial uses: none except where adjoining a residential zone, in which case it shall be 15 feet. See Section 16.40.050 for maximum front yard setback for commercial uses.
2.
Minimum side and rear yard setbacks, commercial uses: none except where adjoining a residential zone in which case there shall be a visual buffer strip of at least 10 feet wide to provide a dense evergreen landscape buffer which attains a mature height of at least eight feet. Such buffers must conform to the standards in Chapter 16.124, Landscaping, Street Trees, Fences and Walls.
§ 16.40.050 Design Standards.
The following design standards are applicable in the C-1 zone:
B.
Lots fronting onto U.S. Highway 101 shall have a setback of at least 50 feet between any part of the proposed building and the nearest right-of-way line of U.S. Highway 101.
C.
Signs in General Commercial Districts along Fort Stevens Highway/State Highway 104 (i.e., S. Main Avenue, N. Main Avenue, NW Warrenton Drive, and Pacific Drive) shall comply with the special sign standards of Section 16.144.040.
D.
Maximum front yard setback for commercial buildings in the C-1 zone along Fort Stevens Highway/State Highway 104 shall be 10 feet.
E.
Maximum front yard setback for commercial buildings in the C-1 zone adjacent to existing or planned transit stops shall be 10 feet.
1.
The Community Development Director may allow a greater front yard setback when the applicant proposes extending an adjacent sidewalk or plaza for public use, or some other pedestrian amenity is proposed between the building and public right-of-way, subject to Site Design Review approval.
F.
The following standards shall be met by all food cart placements in the C-1 Zoning District:
1.
Prior to operation, the owner shall obtain a City business license and complete the required food cart application;
2.
The placement and operation of the cart shall meet the operational requirements found in Section 16.240.010(D).
(Ord. 1225 § 3, 2019; Ord. 1258 § 2, 2022)
§ 16.40.060 Other Applicable Standards.
A.
Outside sales and service areas shall be approved by the Warrenton Planning Commission if not enclosed by suitable vegetation, fencing or walls.
B.
Outside storage areas shall be enclosed by suitable vegetation, fencing or walls, in conformance with Chapter 16.124.
E.
All development shall comply with the wetland and riparian area protection standards of Chapter 16.156.
F.
All other applicable Development Code requirements shall also be satisfied.
G.
RV parks shall comply with Chapter 16.176 and all applicable State and Federal laws and regulations.
H.
Prior to undertaking disposal, the dredging project proponent shall consult with the Army Corps and Oregon DSL to determine if the disposal site contains wetlands that are regulated under permit programs administered by those agencies. If the site contains regulated wetlands, the dredging project proponent shall either alter the disposal site boundaries to avoid the wetlands and leave an acceptable protective buffer, or obtain the necessary Corps and DSL permits to fill the wetlands.
I.
State licensed medical marijuana dispensaries and recreational marijuana retail outlets shall be located only east of Highway 101 and at least 1,000 feet from any public or private school, church, public park, or child care center, and operate exclusively as a single building occupant or with other licensed medical marijuana dispensaries or recreational marijuana retail outlets.
(Ord. 1196-A § 2, 2015)
§ 16.44.010 Purpose and Applicability.
A.
Purpose. A City goal is to strengthen certain established residential areas having frontage on State highways as transition areas between commercial centers and outlying residential areas. The district is intended to support this goal through elements of design and appropriate mixed-use development. Mixed-use development features design standards that allow residential and commercial uses to occur simultaneously on the same lot. This chapter provides standards for the orderly improvement of mixed-use commercial areas based on the following policies:
1.
Use land and urban services efficiently;
2.
Support a mixture of land uses to encourage walking as an alternative to driving, and provide more employment and housing options; and
3.
Allow certain commercial uses amongst existing residential uses that are compatible with, and add interest to, the established residential character of the area.
B.
The Commercial Mixed-Use District applies to the following area: those properties bounded by 4th and 9th Streets along S. Main Avenue (Fort Stevens Highway/State Highway 104) extending west to, and including, the easterly half of the old railroad right-of-way and extending east to the Skipanon River's A-2 (Aquatic Conservation) Zoning District.
(Ord. 1258 § 2, 2022)
§ 16.44.020 Permitted Uses.
The following uses and their accessory uses are permitted in the C-MU district if the Community Development Director determines that the uses conform to the standards in Sections 16.44.040 and 16.44.050, applicable Development Code standards, and other City laws. All new sewer and water connections for a proposed development shall comply with all City regulations:
A.
Residential.
1.
Single-family detached dwelling with covered parking in accordance with Chapter 16.180 on lots not having direct frontage on, or taking direct access from, a State highway.
3.
Day care center.
4.
Home occupation, shall comply with Section 16.44.020(A)(5).
5.
Single-family residences existing prior to April 2, 1997 may be repaired, remodeled, expanded, or replaced if damaged so long as building permits are obtained within 12 months of the date of discontinuance.
7.
Accessory dwelling subject to standards of Section 16.180.040.
8.
Similar uses as those listed in this section.
B.
Public and Institutional.
1.
Church, synagogue, or other place of worship.
2.
Clubs, lodges, similar uses.
3.
Government buildings and uses.
4.
Libraries, museums, community centers, and similar uses.
6.
Public utilities, including structures, pipelines, cables, and utility crossings.
8.
Community garden(s) (see definitions) and public parks.
9.
Similar uses as those listed in this section.
C.
Commercial.
1.
Personal and business service establishments such as a barber or beauty shop, clothes cleaning or a funeral home.
2.
Professional, financial, business and medical offices. Drive-through facilities are not permitted within the C-MU district.
3.
Retail business establishments and processing uses (e.g., bakery) of goods sold on site.
4.
Amusement enterprises such as a theater or bowling alley.
5.
Technical, professional, vocational and business schools.
6.
Eating and drinking establishments. Drive-through facilities are not permitted within the C-MU district.
7.
Hotel, motel or other tourist accommodation, including bed and breakfast.
8.
Multiple (or mixed) uses on the same or adjoining lot or parcel.
9.
Commercial uses with a residential use(s) [apartment(s)] located either above or behind the commercial use so that the commercial use is the predominant use on the property.
10.
Similar uses as those listed in this section.
(Ord. 1186-A § 2, 2014; Ord. 1248 § 2, 2021; Ord. 1258 § 2, 2022)
§ 16.44.030 Conditional Uses.
The uses listed under Section 16.44.020 and their accessory uses may be permitted in the C-MU district when approved under Chapter 16.220, Conditional Use Permits:
A.
Cabinet, carpenter, woodworking or sheet metal shops, fully enclosed in a building.
B.
Building contractor shops, including plumbing, electrical and HVAC.
C.
Cottage manufacturing that occurs in tenant spaces or structures that are less than 2,000 square feet.
D.
Research and development establishments, laboratories, and similar facilities.
E.
Accessory dwelling subject to standards of Section 16.180.040.
G.
Fermentation enterprises, such as breweries and distillers, may also have a taproom as an accessory use.
H.
Food carts and pods.
I.
Similar uses as those listed in this section.
(Ord. 1225 § 4, 2019; Ord. 1248 § 2, 2021; Ord. 1258 § 2, 2022)
§ 16.44.040 Development Standards.
The following development standards are applicable in the C-MU district:
A.
Density Provisions.
1.
Minimum lot size, commercial uses: none.
3.
Minimum lot size, multiple-use commercial and residential developments (commercial and residential uses on the same lot): same as in Section 16.36.040.
4.
Minimum lot width, commercial uses: none.
6.
Minimum lot depth, commercial uses: none.
8.
Maximum building height: commercial, 45 feet; residential, 40 feet.
9.
Lot coverage—Commercial uses and multiple uses: There is no maximum lot coverage requirement, except that compliance with other sections of this Code may preclude full (100%) lot coverage for some land uses.
10.
Lot coverage—Residential uses: Not more than 55% of the lot area shall be covered by buildings, except as may be permitted by conditional use or variance.
B.
Setback Requirements (Residential and Multiple Uses).
1.
Minimum front yard setback: 15 feet (residential); none (multiple uses).
2.
Minimum side yard setback: eight feet.
3.
Minimum corner lot street side yard setback: eight feet.
4.
Minimum rear yard setback: 15 feet except accessory structures that meet the criteria of Section 16.280.020 may extend to within five feet of a rear property line.
5.
Maximum front yard setback: 10 feet for multiple uses adjacent to existing or planned transit stops.
a.
The Community Development Director may allow a greater front yard setback when the applicant proposes extending an adjacent sidewalk or plaza for public use, or some other pedestrian amenity is proposed between the building and public right-of-way, subject to Site Design approval.
C.
Setback Requirements (Commercial Uses).
1.
Minimum front yard setback: none.
2.
Minimum side yard setback: None except where adjoining a residential zone in which case there shall be a visual buffer strip of at least 10 feet wide to provide a dense evergreen landscape buffer which attains a mature height of at least eight feet. Such buffers must conform to the standards in Chapter 16.124, Landscaping, Street Trees, Fences and Walls.
3.
Minimum rear yard setback: None except where adjoining a residential zone in which case there shall be a visual buffer strip of at least 10 feet wide to provide a dense evergreen landscape buffer which attains a mature height of at least eight feet. Such buffers must conform to the standards in Chapter 16.124, Landscaping, Street Trees, Fences and Walls.
4.
Maximum front yard setback: 10 feet for commercial uses adjacent to existing or planned transit stops.
a.
The Community Development Director may allow a greater front yard setback when the applicant proposes extending an adjacent sidewalk or plaza for public use, or some other pedestrian amenity is proposed between the building and public right-of-way, subject to Site Design approval.
(Ord. 1225 § 4, 2019; Ord. 1258 § 2, 2022)
§ 16.44.050 Other Applicable Standards.
A.
A mixed-use commercial district shall be located no closer than one-quarter mile from another mixed-use commercial district.
B.
Mixed-use commercial uses shall have frontage onto a State highway.
C.
Outside sales and service areas must be approved by the Warrenton Planning Commission if not enclosed by suitable vegetation, fencing or walls.
D.
Outside storage areas will be enclosed by suitable vegetation, fencing or walls, in conformance with Chapter 16.124.
E.
All uses will comply with access and parking standards in Chapter 16.128 except as may be permitted by conditional use or variance.
G.
All development shall comply with the wetland and riparian area protection standards of Chapter 16.156.
H.
All other applicable Development Code requirements will also be satisfied; and all new sewer and water connections for a proposed development shall comply with all City regulations.
§ 16.48.010 Purpose.
The Marine Commercial Shorelands Zone is reserved for water-dependent developments and associated uses on shorelands adjoining certain portions of the Skipanon waterway. A mixture of water-dependent uses are allowed, including commercial service and storage, and recreation-oriented uses. Marine Commercial Shoreland areas have unique characteristics that make them especially suited for water-dependent development. Characteristics that contribute to suitability for water-dependent development include:
A.
Deep water close to shore with supporting land transportation facilities suitable for ship and barge facilities.
B.
Potential for aquaculture.
C.
Protected areas subject to scour which would require little dredging for use as marinas.
D.
Potential for recreational utilization of coastal waters or riparian resources.
§ 16.48.020 Permitted Uses.
The following uses and activities and their accessory uses and activities are permitted in the C-2 zone if the Community Development Director determines that the uses conform to the standards in Section 16.48.040, applicable Development Code standards, and other City laws:
A.
Water-dependent commercial uses, including, but not limited to:
1.
Marina or moorage facilities.
2.
Boat building or repair.
3.
Marine fuel storage and dispensing.
4.
Marine equipment sales, repair or manufacture.
5.
Wharves, docks, piers, marine railways and ways.
6.
Cold storage, ice manufacturing.
7.
Warehousing or storage for marine equipment or seafood.
8.
Charter fishing services.
9.
Seafood processing.
B.
Navigation aids.
C.
Repair and maintenance of existing structures or facilities.
D.
Land falls and access corridors for submerged cable, sewer line, water line or other pipeline crossing.
E.
New dikes limited to those in conjunction with uses permitted in the C-2 zone.
F.
Stormwater or wastewater outfall.
G.
Structural shoreline stabilization.
H.
Water-dependent portions of an aquaculture facility.
I.
Public utilities, including structures, on-shore pipelines, cables and utility crossings.
J.
Marine research and education facility.
K.
Excavation to create new water surface area.
L.
Public access improvements, as specified in public access plans.
M.
Land transportation facilities and improvements.
N.
Passive restoration facilities.
O.
Communication facilities.
P.
Park host (on-site) is an ancillary use for water-dependent commercial uses within the Warrenton Marina only, and located on a City-approved RV site. Subject to provisions of Section 16.48.040(P) (see definitions).
Q.
Community garden(s) (see definitions).
R.
Similar uses as those listed in this section.
(Ord. 1186-A § 3, 2014)
§ 16.48.030 Conditional Uses.
The following uses and activities and their accessory uses and activities may be permitted in the C-2 zone when approved under Chapter 16.220, Conditional Use Permits. These uses are also subject to the provisions of Section 16.48.040, Development Standards:
A.
Beach nourishment at sites designated in the Comprehensive Plan.
B.
Mitigation, restoration, creation and enhancement.
C.
Dredged material disposal.
E.
A temporary use utilizing existing structures or involving new facilities, which require minimal capital investment in accordance with Section 16.240.010, Temporary Use Permits, and subject to the standard in Section 16.48.040.
F.
Water-dependent industrial or port use.
H.
Similar uses as those listed in this section.
§ 16.48.040 Development Standards.
The following standards are applicable in the C-2 zone:
A.
Density. The lot area will be established on a case-by-case basis, with consideration given to such factors as parking, landscaping and open space needs of the involved uses.
B.
Setback and Buffer Requirements. Where the C-2 zone adjoins a residential zone, there shall be a visual buffer strip at least 10 feet wide to provide for a dense evergreen landscape buffer which attains a mature height of at least eight feet.
C.
All uses must satisfy applicable Columbia River Estuary Shoreland and Aquatic Area Development Standards in Chapter 16.160.
F.
Outside sales, service or storage areas will be enclosed by suitable vegetation, fencing or walls, unless approved by the Planning Commission.
G.
All other applicable Development Code requirements will also be satisfied.
H.
Uses and activities that are not water-dependent shall not preclude or conflict with existing or probable future water-dependent use on the site or in the vicinity.
I.
The maximum building height shall be 45 feet above grade.
J.
When a proposal includes several uses, they shall be reviewed in aggregate under the more stringent procedure.
K.
Uses that are water-dependent must meet the criteria in Section 16.160.080.
L.
All development shall comply with the wetland and riparian area protection standards of Chapter 16.156.
M.
Standards for Approval of Non-Water Dependent Uses.
1.
Non-water-dependent uses shall be constructed at the same time as or after the water-dependent use of the site is established, and must be carried out together with the water-dependent use.
2.
The ratio of the square footage of ground-level indoor floor space plus outdoor acreage distributed between the non-water-dependent uses and the water-dependent uses at the site shall not exceed one to three (non-water-dependent to water-dependent).
3.
Such non-water-dependent uses shall not interfere with the conduct of the water-dependent use.
N.
Standards for Approval of a Temporary Use. Temporary non-water-dependent uses that involve minimal capital investment and no permanent structures may be allowed. The intent of allowing such uses is to avoid posing a significant economic obstacle to attracting water-dependent uses. Tools for implementing this approach include "vacate" clauses in leases on public lands, as well as requiring "vacate" clauses for land use approvals involving leasing of private lands.
O.
All new sewer and water connections for a proposed development shall comply with all City regulations.
P.
The City of Warrenton shall provide the park host RV site, within the Warrenton Marina, connections to utilities (City water and sewer, and electricity). Length of stay per host shall not exceed six months in a calendar year, and shall be in a state-licensed RV.
§ 16.52.010 Purpose.
The purpose of the Open Space and Institutional Zone is to provide for development, use and management of parks, school grounds, golf courses, cemeteries and other relatively large tracts of publicly-used land. This zone includes those areas that were in Hammond's Recreation and Open Space Zone.
§ 16.52.020 Permitted Uses.
The following uses and activities and their accessory uses and activities are permitted in the OSI zone if the Community Development Director determines that the uses conform to the standards of Section 16.52.040, applicable Development Code standards, and other City laws:
A.
Maintenance and repair of existing facilities.
B.
Uses and activities allowed under the applicable City-approved management plan for the facility.
C.
Replacement and repair of existing public recreational park facilities or construction of minor betterment and improvements to existing park facilities which do not cause an increase in overall visitor capacity or have significant land use impacts (e.g., shelter, restrooms, replacement or repair of existing roads and parking spaces).
D.
Outdoor recreation.
F.
Government buildings and uses.
H.
Park host (one site) for dedicated City parks and located in an approved RV site. Subject to provisions of Section 16.52.040(J) (see definitions).
I.
Community garden(s) (see definitions).
J.
Similar uses as those listed in this section.
§ 16.52.030 Conditional Uses.
The following uses and activities and their accessory uses and activities may be permitted in the OSI zone when approved under Chapter 16.220, and subject to the provisions in Section 16.52.040, Development Standards:
A.
Development of new facilities or uses not included in the applicable City-approved management plan.
B.
Amendments to a site management plan.
C.
Golf course.
E.
Construction of new park facilities or existing public recreational park expansions which increase overall visitor capacity or which have significant land use impact (e.g., new campgrounds, picnic areas, new roads).
F.
Similar uses as those listed in this section.
§ 16.52.040 Development Standards.
The following standards are applicable in the OSI zone:
A.
Setbacks. The minimum setback from the property line for buildings is 15 feet.
B.
Lot Coverage. Buildings shall cover not more than 50% of the lot area.
C.
Building Heights. No building shall exceed a height of 30 feet above grade.
F.
Large scale developments shall satisfy requirements in Chapter 16.224, Planned Unit Developments.
G.
All development shall comply with the wetland and riparian area protection standards of Chapter 16.156.
H.
All other applicable ordinance requirements shall be satisfied.
I.
All new sewer and water connections for a proposed development shall comply with all City regulations.
J.
City of Warrenton shall provide the park host RV site, within a dedicated City park, connections to utilities (City water and sewer, and electricity). Length of stay per host shall not exceed six months in a calendar year, and shall be in a State-licensed RV.
§ 16.56.010 Purpose.
The purpose of the Recreational-Commercial Zone is to provide for water-dependent and water-related development along certain shorelands in Warrenton near the Hammond Marina and the Skipanon River marinas. Water-dependent recreational and tourist-related commercial development have the highest priority in the Recreational-Commercial Zone. Other uses may be allowed so long as they do not preempt water-dependent uses. Lands in the Town of Hammond's C-2 zone are in this zone.
§ 16.56.020 Permitted Uses.
The following uses and activities and their accessory uses and activities are permitted in the R-C zone if the Community Development Director determines that the uses conform to the standards of Section 16.56.040, applicable Development Code standards, and other City regulations:
A.
Low-intensity water-dependent recreation.
B.
Navigational aids.
C.
Passive restoration measures.
D.
Maintenance and repair of existing structures and facilities.
E.
Temporary dike for emergency flood protection, limited to 60 days, subject to State and Federal regulations.
G.
Shoreline stabilization.
H.
Water-related recreational, commercial and industrial uses, subject to the standards in Section 16.56.040, including, but not limited to:
1.
Seafood market;
2.
Boat and/or marine equipment sales establishments;
3.
Retail trade facilities used for the sale of products such as ice, bait, tackle, charts, groceries and gasoline;
4.
Cold storage facility;
5.
Warehousing and/or other storage areas for marine equipment;
6.
Charter fishing office;
7.
Sports fish cleaning establishment.
I.
Landfalls and access corridors for submerged cable, sewer line, water line or other pipeline crossing.
J.
Dredged material disposal.
K.
Excavation to create new water surface area.
L.
Beach nourishment at a designated site.
N.
Park host is an ancillary use for water-dependent commercial uses within the Hammond and Warrenton Marinas only. There shall be one host site located on an approved RV site for each marina. Subject to provisions of Section 16.56.040. Also, see definitions.
O.
Community garden(s) (see definitions).
Q.
Public utilities, including on-shore pipelines, cables, and utility crossings.
R.
Similar uses as those listed in this section.
(Ord. 1186-A § 4, 2014)
§ 16.56.030 Conditional Uses.
The following uses and activities and their accessory uses and activities may be permitted in the R-C zone when approved under Chapter 16.220, and subject to the provisions in Section 16.56.040, Development Standards:
A.
Water-dependent recreation.
B.
Stormwater and wastewater outfall; tidegates.
C.
Public utility structures.
E.
Marine research and/or education establishment.
F.
Restaurants.
G.
Multifamily dwelling and multifamily housing developments subject to standards of Chapter 16.188.
H.
Single-family attached housing with no less than four dwelling units subject to standards of Chapter 16.184.
I.
Temporary uses which involve minimal capital investment and no permanent structure, or a use in conjunction with and incidental to a water-dependent use, and meeting the requirements of Section 16.240.010.
J.
Mitigation, restoration, creation and enhancement.
K.
Residences as an accessory use to another permitted use, and occupied by the owner or operator of the primary use.
L.
RV park.
N.
Similar uses as those listed in this section.
(Ord. 1248 § 2, 2021)
§ 16.56.040 Development Standards.
The following standards are applicable in the R-C zone:
A.
No use will be allowed in the R-C zone unless it meets one or more of the following criteria:
1.
The use is water-dependent, which means that it can only be carried out on, in, or adjacent to water and the location or access is needed for water-borne transportation, recreation, a source of water, or marine research/education.
2.
The use provides goods and/or services directly associated with water-dependent uses; and, if not located near the water, would experience a public loss of quality in the goods and services offered.
3.
The use can demonstrate that it provides a needed service for users of the marinas.
4.
The use is an accessory use important to the operations of the principal use.
5.
The use is a temporary use meeting the requirements of Section 16.240.010.
B.
Yards. The minimum yard depth for portions of the property abutting a public right-of-way or noncommercial district is 15 feet.
C.
Lot Coverage. Buildings shall cover not more than 75% of the lot area.
D.
Landscaped Open Area. A minimum of five percent of the total lot area will be maintained as landscaped open area.
E.
Building Heights. No building shall exceed a height of 40 feet above grade.
F.
All uses shall satisfy applicable aquatic and shoreland standards in Chapter 16.160. Where the proposal involves several uses the standards applicable to each use shall be satisfied (e.g., dredge, fill, shoreline stabilization, piling installation or other activities in conjunction with an aquaculture facility shall be subject to the respective standards for these activities).
G.
Uses that are not water-dependent shall not preclude or conflict with existing or probable future water-dependent use on the site or in the vicinity.
H.
All uses shall comply with access requirements, signs standards, parking and loading standards in Chapter 16.144.
M.
All development shall comply with the wetland and riparian area protection standards of Chapter 16.156.
N.
All other applicable Code requirements shall be satisfied.
O.
Standards for approval of non-water-dependent uses:
1.
Non-water-dependent uses shall be constructed at the same time as or after the water-dependent use of the site is established, and must be carried out together with the water-dependent use.
2.
The ratio of the square footage of ground-level indoor floor space plus outdoor acreage distributed between the non-water-dependent uses and the water-dependent uses at the site shall not exceed one to three (non-water-dependent to water-dependent).
3.
Such non-water-dependent uses shall not interfere with the conduct of the water-dependent use.
P.
Standards for Approval of a Temporary Use. Temporary non-water-dependent uses that involve minimal capital investment and no permanent structures may be allowed. The intent of allowing such uses is to avoid posing a significant economic obstacle to attracting water-dependent uses. Tools for implementing this approach include "vacate" clauses in leases on public lands, as well as requiring "vacate" clauses for land use approvals involving leasing of private lands.
Q.
The City of Warrenton shall provide the park host RV site, within the Hammond and Warrenton Marinas, connections to utilities (City water and sewer, and electricity). Length of stay per host shall not exceed six months in a calendar year, and shall be in a State-licensed RV.
R.
DMD site shall comply with:
1.
Prior to undertaking disposal, the dredging project proponent shall consult with the Army Corps and Oregon DSL to determine if the disposal site contains wetlands that are regulated under permit programs administered by those agencies. If the site contains regulated wetlands, the dredging project proponent shall either alter the disposal site boundaries to avoid the wetlands and leave an acceptable protective buffer, or obtain the necessary Corps and DSL permits to fill the wetlands.
2.
The dredging project proponent shall coordinate site preparation and disposal plans with Coast Guard and Fort Stevens State Park representatives.
§ 16.60.010 Purpose.
The purpose of the General Industrial Zone is to provide sites for employment-related industries such as light, heavy, and airport-related industrial activities in the City of Warrenton. These areas are suitable for uses involving manufacturing, fabrication, processing, transshipment and bulk storage. General Industrial areas are near or adjacent to arterial transportation corridors.
(Ord. 1258 § 2, 2022)
§ 16.60.020 Permitted Uses.
The following uses and activities and their accessory uses and activities are permitted in the I-1 zone if the Community Development Director determines that the uses conform to the standards of Section 16.60.040, applicable Development Code standards, and other City regulations:
A.
Production, processing, assembling, packaging or treatment of such products as food and beverage products, pharmaceutical, hardware and machine products. Retail of products made on site is permitted as an accessory use.
B.
Production, processing, assembling, packaging or treatment of articles and products from previously-prepared or semi-finished materials, such as paper, wood, rubber, plastics, fibers and sheet metal.
C.
Research and development laboratories and similar uses.
D.
Printing facilities.
E.
Public utility facilities such as power stations, sewage and water treatment plants.
F.
Storage and distribution services and facilities (i.e., truck terminals, warehouses and storage buildings and yards, contractor's establishments, lumber yards and sales) or similar uses.
G.
Vehicle repair (welding, painting and service, and parts facilities).
H.
Airport support structures: hangars, weather stations, fuel terminals and storage buildings, etc.
I.
Contractor shop or equipment storage yard for storage and rental of equipment commonly used by a contractor.
J.
Cabinet, carpenter, woodworking, metal fabrication shops or similar establishments.
K.
Professional, financial, medical, or business offices.
L.
Public utilities, including structures, pipelines, cables, and utility crossings.
M.
Passive restoration.
N.
Government buildings and uses.
Q.
Community garden(s) (see definitions).
R.
Food and/or beverage trucks or carts.
S.
Similar uses to those listed in this section.
(Ord. 1186-A § 5, 2014; Ord. 1196-A § 3, 2015; Ord. 1605-A § 1, 2016; Ord. 1249 § 2, 2022; Ord. 1258 § 2, 2022)
§ 16.60.030 Conditional Uses.
The following uses and activities and their accessory uses and activities may be permitted in the I-1 zone when approved under Chapter 16.220, and subject to the provisions in Section 16.60.040, Development Standards:
A.
Heavy fabrication of finished or semi-finished products from raw materials.
B.
Airport runway extensions or relocations.
C.
One caretaker unit for each primary industrial use on a lot or parcel subject to the following conditions:
1.
The unit shall be served with public water and sanitary sewerage disposal, in conformance with City engineering and public works requirements.
2.
The unit shall meet all applicable fire, safety, and building code requirements.
3.
The unit shall be located no closer than 10 feet to any property line.
D.
New community or technical college or similar campus type facilities subject to institutional master plan standards in Chapter 16.224.
E.
Mini-warehouses or similar storage uses, subject to the requirements in Section 16.116.030(G). In addition to the conditional use permit criteria in 16.220.030, for new mini-warehouses, the applicant shall be required to demonstrate that there is a deficit of mini-warehouses in the City. For purposes of this section, a deficit of mini-warehouses in the City shall mean that the total number of existing mini-storage units within the City as compared to the City's current population, as estimated by Portland State University or another governmental source, does not exceed one mini-storage unit per 10 people. A mini-storage unit shall be defined as each space within a mini-warehouse that is designed to be made available to rent.
F.
Recreational marijuana production, recreational marijuana processing, or recreational marijuana whole-sale activities, subject to Section 16.60.040(N).
G.
Similar uses as those listed in this section.
(Ord. 1249 § 2, 2022; Ord. 1258 § 2, 2022; Ord. 1267, 10/22/2024)
§ 16.60.040 Development Standards.
The following standards are applicable in the I-1 zone:
A.
Air Quality. The air quality standards set by the Department of Environmental Quality shall be the guiding standards in this zone, except that open burning is prohibited in any case.
B.
Noise. As may be permitted under all applicable laws and regulations.
C.
Storage. All materials, including wastes, shall be stored and maintained in a manner that will not attract or aid the propagation of insects or rodents or other animals or birds, or otherwise create a health hazard or nuisance.
D.
Fencing. Will be allowed inside a boundary planting screen and where it is necessary to protect property of the use concerned or to protect the public from a dangerous condition. Proposed fence locations and design shall be subject to City review.
E.
Buffer. Where this zone adjoins another non-industrial zone there shall be a buffer area at least 10 feet wide to provide a dense evergreen landscape buffer which attains a mature height of eight feet, or such other screening measures as may be prescribed by the City in the event differences in elevation or other circumstances should defeat the purpose of this requirement.
F.
Vibration. No vibration other than that caused by highway vehicles, trains and aircraft shall be permitted which is discernible without instruments at the property line of the use concerned.
G.
Airport Interference. No use shall create electrical or lighting interference with the operations of the Port of Astoria Airport.
H.
Setbacks. The minimum front, side and rear yard setbacks shall be 10 feet. When across a street from a non-industrial zone, the setback from the property line shall be 10 feet. When a property abuts a nonindustrial zone, the setback shall be as follows:
I.
All development shall comply with the wetland and riparian area protection standards of Chapter 16.156.
J.
Building Height. The maximum building height shall be 45 feet, except that it may be lower under either of the following circumstances:
K.
All other applicable Code requirements shall be satisfied.
L.
All new sewer and water connections for a proposed development shall comply with all City regulations.
M.
Prior to undertaking disposal, the dredging project proponent shall consult with the Army Corps and Oregon DSL to determine if the disposal site contains wetlands that are regulated under permit programs administered by those agencies. If the site contains regulated wetlands, the dredging project proponent shall either alter the disposal site boundaries to avoid the wetlands and leave an acceptable protective buffer, or obtain the necessary Corps and DSL permits to fill the wetlands.
N.
Recreational marijuana production, recreational marijuana processing, and recreational marijuana wholesale activities shall be located only east of Highway 101 and at least 1,000 feet from any public or private school, church, public park or child care center, and shall operate exclusively as a single building occupant or with other licensed medical marijuana dispensaries or recreational marijuana retail outlets.
(Ord. 1196-A § 4, 2015; Ord. 1249 § 2, 2022)
§ 16.64.010 Purpose.
Water-dependent industrial shorelands areas have unique characteristics that make them especially suited for water-dependent development. Characteristics that contribute to suitability for water-dependent development include:
A.
Deep water close to shore with supporting land transportation facilities suitable for ship and barge facilities.
B.
Potential for aquaculture.
C.
Protected areas subject to scour which would require little dredging for use as marinas.
D.
Potential for recreational utilization of coastal waters or riparian resources.
Uses of water-dependent industrial shorelands areas shall maintain the integrity of the estuary and coastal waters. Water-dependent uses receive highest priority, followed by water-related uses. Uses which are not water-dependent or water-related are provided for, but only when they do not foreclose options for future higher priority uses and do not limit the potential for more intensive uses of the area. |
§ 16.64.020 Permitted Uses.
The following uses and activities and their accessory uses and activities are permitted in the I-2 zone if the Community Development Director determines that the uses conform to the standards in Section 16.64.040, applicable Development Code standards, and other City laws:
B.
Navigation aids.
C.
Repair and maintenance of existing structures or facilities.
D.
Land falls and access corridors for submerged cable, sewer line, water line, or other pipeline crossing.
E.
New dikes limited to those in conjunction with uses permitted in the I-2 zone.
F.
Land transportation facilities and improvements.
G.
Stormwater or wastewater outfall.
H.
Shoreline stabilization.
I.
Water-dependent portions of an aquaculture facility.
J.
Public utility structures, on-shore pipelines, cables and utility crossings.
K.
Marine research and education facility.
L.
Community garden(s) (see definitions).
M.
Similar uses as those listed in this section.
(Ord. 1186-A § 6, 2014)
§ 16.64.030 Conditional Uses.
The following uses and activities and their accessory uses and activities may be permitted in the I-2 zone when approved under Chapter 16.220, Conditional Use Permits. These uses are also subject to the provisions of Section 16.64.040, Development Standards.
A.
Temporary uses, subject to the standards in Section 16.64.040, involving an existing structure; a removable structure (such as a trailer); or involving minimal capital investment.
B.
Beach nourishment at sites designated in this plan.
C.
Mitigation, restoration, creation and enhancement.
D.
Dredged material disposal.
F.
Water-dependent commercial uses.
G.
Passive restoration measures.
H.
Excavation to create new water surface area.
I.
Public access improvement projects, as specified in public access plans.
L.
Dormitory. A dormitory only for employees of one or more industrial water-dependent uses in the I-2 zoning district. The dormitory shall be on a lot which includes one or more benefitting industrial water-dependent uses. The dormitory shall be discontinued if either the ownership changes so that the lot on which the dormitory is located is no longer controlled by the owner of one or more of the benefitting industrial water-dependent uses, or the benefiting industrial water dependent use on the same lot as the dormitory ceases to operate. The dormitory may house workers of other industrial water-dependent uses if in the same ownership as the lot on which dormitory is located.
M.
Similar uses as those listed in this section.
(Ord. 1223 § 3, 2019)
§ 16.64.040 Development Standards.
The following standards are applicable in the I-2 zone:
A.
All uses shall satisfy applicable Columbia River Estuary Shoreland and Aquatic Area Development Standards in Chapter 16.160.
B.
When a proposal includes several uses, they shall be reviewed in aggregate under the more stringent procedure.
C.
Uses and activities that are not water-dependent shall not preclude or conflict with existing or probable future water-dependent use on the site or in the vicinity.
D.
Water-dependent recreation shall be located so as not to interfere with water-dependent marine industrial uses of the area.
E.
All uses must meet applicable State and Federal air quality and noise laws or regulations.
F.
Storage. All materials, including wastes, shall be stored and maintained in a manner that will not attract or aid the propagation of insects or rodents or other animals or birds, or otherwise create a health hazard or nuisance.
G.
Fencing. Will be allowed inside a boundary planting screen and where it is necessary to protect property of the use concerned, or to protect the public from a dangerous condition, with the following provisions:
H.
Buffer. No requirement except where adjoining a residential zone in which case there shall be a visual buffer strip at least 10 feet wide to provide a dense evergreen landscape buffer which attains a mature height of at least eight feet.
I.
Lighting. Exterior lighting shall be directed away from zones other than I-1 or I-2, unless otherwise approved.
J.
Density. The minimum lot area shall be one acre.
K.
Setback Requirements. No minimum setback required except where adjoining a residential zone. The following minimum setbacks are required when abutting a residential zone:
L.
Height. There is no height limitation except:
M.
Vibration. No vibration other than that caused by highway vehicles, trains, and aircraft shall be permitted which is discernible without instruments at the property line of the use concerned.
N.
Heat and Glare. Except for exterior lighting, operations producing heat or glare shall be conducted entirely within an enclosed building.
O.
Industrial activities may be carried on either outside or inside enclosed structures, but the impact of such activities on surrounding properties shall be minimized by taking into consideration screening and other possibilities for buffering.
Q.
Proposals for development in the area covered by the 1981 Mediation Panel Agreement must meet the requirements of the Agreement.
R.
Uses that are water-dependent must meet the criteria in Section 16.160.080. Uses that are water-related must meet the criteria in Section 16.160.080.
S.
Uses and activities permitted under Section 16.64.020 of this chapter are subject to the public notice provisions of Section 16.208.040 if an impact assessment is required pursuant to Chapter 16.160, or if the Planning Director determines that the permit decision will require interpretation or the exercise of factual, policy or legal judgment.
T.
All developments shall comply with the wetland and riparian area protection standards of Chapter 16.156.
U.
Standards for Approval of a Temporary Use. Temporary non-water-dependent uses that involve minimal capital investment and no permanent structures may be allowed. The intent of allowing such uses is to avoid posing a significant economic obstacle to attracting water-dependent uses. Tools for implementing this approach include "vacate" clauses in leases on public lands, as well as requiring "vacate" clauses for land use approvals involving leasing of private lands.
V.
Standards for Approval of Non-Water-Dependent Uses.
1.
Non-water-dependent uses shall be constructed at the same time as or after the water-dependent use of the site is established, and must be carried out together with the water-dependent use.
2.
The ratio of the square footage of ground-level indoor floor space plus outdoor acreage distributed between the non-water-dependent uses and the water-dependent uses at the site shall not exceed one to three (non-water-dependent to water-dependent).
3.
Such non-water-dependent uses shall not interfere with the conduct of the water-dependent use.
W.
All new sewer and water connections for a proposed development shall comply with all City regulations.
§ 16.64.050 Conditional Use Standards for Dormitory Use.
Subject to the provisions of Chapter 16.220, except Section 16.220.030, findings shall be made that the use will comply with the following standards:
B.
The use provides for bus transportation to the work place for residents.
C.
The use provides for a Dormitory Management and Operations Plan, including a plan for removing terminated employees no longer allowed to reside in the dormitory.
D.
The applicant for the proposed use has entered into a Good Neighbor Agreement with the City and shall use its best efforts to enter into the same agreement with the adjacent residential neighbors.
E.
The use has appropriate on-site physical improvements, including fencing on the perimeter of the lot adjacent to a residential neighborhood.
(Ord. 1223 § 3, 2019)
§ 16.64.060 Review of Conditional Use Permit Conditions Granted Under Section 16.64.050.
Two years after final approval of the conditional use permit granted under this section, the City Commission may, in its discretion, request a report from the Community Development Director in a public meeting analyzing the permittee's adherence to the conditions of approval in the conditional use permit. If the report demonstrates substantial issues with compliance with the conditions of approval, the City Commission may hold a public hearing subject to the notice provisions in Section 16.208.050 where it may consider the report and determine remedies including, but not limited to, additional conditions of approval.
(Ord. 1223 § 3, 2019)
§ 16.68.010 Purpose.
The purpose of the Commercial Industrial Zone is to provide sites for employment- related uses to provide and manufacture products and services in the City of Warrenton. These areas are suitable for larger retail, light manufacturing, fabrication, processing, and bulk storage.
(Ord. 1277, 9/10/2024)
§ 16.68.020 Permitted uses.
The following uses and activities and their accessory uses and activities are permitted in the CI zone if the Community Development Director determines that the uses conform to the standards of Section 16.68.040, applicable Development Code standards, and other City regulations:
A.
Airport support structures, including, but not limited to, hangars, weather stations, fuel terminals, and storage buildings.
B.
Boat and marine equipment sales, service, or repair facilities.
C.
Building Material Sales Yard. An accessory retail space is permitted but should not take up more than 50% of the site.
D.
Cabinet, carpenter, woodworking, or metal fabrication shops.
E.
Church, synagogue, or other place of worship.
F.
Contractor shop or equipment storage yard for storage and rental of equipment commonly used by a contractor.
G.
Government buildings and uses.
H.
Printing facilities.
I.
Production, processing, assembling, packaging, or treatment of articles and products from previously prepared or semi-finished materials, such as paper, wood, rubber, plastics, fibers, and sheet metal.
J.
Production, processing, assembling, packaging, or treatment of such products as food and beverage products, pharmaceutical, hardware, and machine products. Retail of products made on site is permitted as an accessory use.
K.
Processing uses such as bottling plants, bakeries, and commercial laundries.
L.
Professional, financial, business, and medical offices.
M.
Public utility facilities.
N.
Research and development laboratories and similar uses.
O.
Retail business establishments over 25,000 square feet.
P.
Storage and distribution services and facilities, including but not limited to truck terminals, warehouses and storage buildings and yards, contractor's establishments, or lumber yards and sales.
Q.
Technical, professional, vocational, and business schools.
R.
Tool and equipment rental.
T.
Vehicle repair, including, but not limited to, welding, painting, service, and parts facilities.
U.
Veterinary clinic, kennels.
V.
Similar uses as those listed in this section.
(Ord. 1277, 9/10/2024)
§ 16.68.030 Conditional uses.
The following uses and activities and their accessory uses and activities may be permitted in the CI zone when approved under Chapter 16.220, and subject to the provisions in Section 16.60.040:
B.
New community or technical college or similar campus-type facilities subject to institutional master plan standards in Chapter 16.224.
C.
New mini-warehouse or similar storage facilities.
D.
Similar uses as those listed in this section.
(Ord. 1277, 9/10/2024)
§ 16.68.040 Development standards.
§ 16.68.050 Design standards.
The following development standards are applicable in the CI zone:
C.
All development adjacent to existing or planned transit stops shall include walkways through the site connecting those stops with all publicly available entrances.
D.
All facilities involved in the production, processing, assembling, packaging, or treatment of products may not emanate any odors beyond 500 feet of the property line and will demonstrate how the facility captures such odors during the site design review.
(Ord. 1277, 9/10/2024)
§ 16.72.010 Purpose.
The purpose of the Aquatic Development Zone is to provide for navigation and other identified needs for public, commercial, and industrial water-dependent uses in the Columbia River Estuary. The objective of the Aquatic Development Zone is to ensure optimum utilization of appropriate aquatic areas by providing for intensive development. Such areas include deep water adjacent to or near the shoreline, navigation channels, subtidal areas for in-water disposal of dredged material, areas of minimal biological significance needed for uses requiring alteration of the estuary, areas that are not in Aquatic Conservation or Aquatic Natural Zones, and areas for which an exception to Statewide Planning Goal 16, Estuarine Resources, has been adopted.
§ 16.72.020 Permitted Uses.
The following uses and activities and their accessory uses and activities are permitted in the A-1 zone if the Community Development Director determines that the uses conform to the standards in Section 16.72.040, applicable Development Code standards, and other City laws:
A.
Water-dependent commercial or industrial uses, including in-water log storage and industrial piers and wharves.
B.
Navigational structures.
C.
Water-dependent public recreational facilities, including boat ramps, docks, moorages and marinas for commercial and recreational marine craft.
D.
Shoreline stabilization.
E.
Flow lane disposal of dredged material.
F.
Pipelines, cables, and utility crossings.
G.
Stormwater and treated wastewater outfalls.
H.
Temporary dike for emergency flood protection limited to 60 days subject to state and federal requirements.
I.
New dike construction.
J.
Maintenance and repair of existing structures or facilities.
K.
Dredging and filling, pursuant to the applicable standards in Section 16.160.040 for any of the permitted uses.
L.
The following water-related commercial and industrial uses:
1.
Boat and/or marine equipment sales.
2.
Fish or shellfish retail or wholesale outlet.
3.
Charter fishing offices.
4.
Sports fish cleaning, smoking, or canning establishment.
5.
Retail trade facilities for the sale of products such as ice, bait, tackle, gasoline or other products incidental to or used in conjunction with a water-dependent use.
6.
Restaurants which provide a view of the waterfront, and which are in conjunction with a water-dependent use such as a marina or seafood processing plant.
7.
Cold storage and/or ice-processing facilities independent of seafood processing facilities.
M.
Navigation aids.
N.
Piling as necessary for any of the permitted uses listed above.
O.
Bridge Crossings. Temporary encroachments in the floodway for the purposes of bridge construction and repair:
1.
This use shall comply with Chapter 16.88 (Flood Hazard Overlay (FHO) District) prior to issuance of any permits.
2.
The temporary permit shall state the number of days the structure or other development will be on the site. If a longer period is required, a new permit shall be issued.
3.
A flood warning system for the project should be in place to allow equipment to be evacuated from the site and placed outside the floodplain.
4.
Placement of equipment in the floodway should be restricted to only equipment which is absolutely necessary for the purposes of the project. All other accessory equipment and temporary structures (i.e., construction trailers) should be restricted from the floodway. Structures should be placed on site so that flood damages are minimized. Anchoring the construction trailers in case, evacuation is not practical.
P.
Similar uses as those listed in this section.
§ 16.72.030 Conditional Uses.
The following uses and activities and their accessory uses and activities may be permitted in the A-1 zone when approved under Chapter 16.220, Conditional Use Permits. These uses and activities are also subject to the provisions of Section 16.72.040, Development Standards. These uses and activities may be permitted if found consistent with the purpose of this zone and with the purpose of adjacent shoreland zones.
A.
Mining and mineral extraction.
B.
Active restoration.
C.
Bridge Crossing Support Structures. Temporary encroachments in the floodway for the purposes of bridge construction and repair:
1.
This use shall comply with Chapter 16.88 (Flood Hazard Overlay (FHO) District) prior to issuance of any permits.
2.
The temporary permit shall state the number of days the structure or other development will be on the site. If a longer period is required, a new permit shall be issued.
3.
A flood warning system for the project should be in place to allow equipment to be evacuated from the site and placed outside the floodplain.
4.
Placement of equipment in the floodway should be restricted to only equipment which is absolutely necessary for the purposes of the project. All other accessory equipment and temporary structures (i.e., construction trailers) should be restricted from the floodway. Structures should be placed on site so that flood damages are minimized. Anchoring the construction trailers in case evacuation is not practical.
D.
Aquaculture and water-dependent portions of aquaculture facilities.
E.
In-water log dump.
F.
A use for which an exception to the Estuarine Resources Goal has been adopted as an amendment to the Warrenton Comprehensive Plan.
G.
Dredged material disposal at sites designated for dredged material disposal in the Comprehensive Plan.
H.
Covered moorage in an approved marina.
I.
Dredging and filling, pursuant to the applicable standards in Chapter 16.160, for any of the listed conditional uses.
J.
Water-related recreational uses.
K.
Water-related commercial or industrial uses other than those listed under Section 16.72.020 of this chapter.
M.
Piling as necessary for any of the conditional uses listed above.
N.
Temporary uses.
O.
Similar uses as those listed in this section.
§ 16.72.040 Development Standards.
The following standards are applicable in the A-1 zone:
A.
All uses and activities must satisfy applicable Columbia River Estuary Shoreland and Aquatic Area Development Standards in Chapter 16.160.
B.
A proposal involving several uses and activities shall be reviewed in aggregate under the more stringent procedure.
C.
All applicable policies in the City's Comprehensive Plan and goal exceptions shall be met.
D.
All other applicable Code requirements shall be satisfied.
E.
Uses that are not water-dependent shall be located either on a floating structure or on pilings, and shall not increase the need for fill if in association with a water-dependent use located on fill.
F.
Uses that are not water-dependent shall not preclude or conflict with existing or probable future water-dependent uses on the site or in the vicinity.
G.
Maximum height of structures shall be 60 feet above MLLW.
H.
A proposal which requires new dredging, fill, in-water structures, riprap, new log storage areas, water intake, in-water disposal of dredged material, beach nourishment, or other activities which could affect the estuary's physical processes or biological resources is subject to an impact assessment, Chapter 16.164.
I.
Uses that are water-dependent and/or water-related must meet the criteria in Section 16.160.080.
J.
Uses and activities permitted under Section 16.72.020 or 16.72.030 of this chapter are subject to the public notice provisions of Section 16.208.040 if an impact assessment is required pursuant to Sections 16.164.010 through 16.164.050, or if a determination of consistency with the purpose of the A-1 zone is required pursuant to Section 16.164.020, or if the Community Development Director determines that the permit decision will require interpretation or the exercise of factual, policy or legal judgment.
K.
All new sewer and water connections for a proposed development shall comply with all City regulations.
§ 16.76.010 Purpose.
The purpose of the Aquatic Conservation Zone is to conserve designated areas for long-term uses of renewable resources that do not require major alterations of the estuary, except for the purpose of restoration. They are managed for the protection and conservation of the resources found in these areas. The Aquatic Conservation Zone includes areas needed for the maintenance and enhancement of biological productivity, recreational resources, aesthetic features and aquaculture. The Aquatic Conservation Zone includes areas that are smaller or of less biological importance than aquatic natural areas. Areas that are partially altered and adjacent to existing moderate intensity development which do not possess the resource characteristics of other aquatic areas are also included in this zone.
§ 16.76.020 Permitted Uses.
The following uses and activities and their accessory uses and activities are permitted in the A-2 zone if the Community Development Director determines that the uses conform to the standards in Section 16.76.040, applicable Development Code standards, and other City laws:
A.
Estuarine enhancement.
B.
Projects for the protection of habitat, nutrient, fish, wildlife and aesthetic resources.
C.
Shoreline stabilization.
D.
Boat ramps for public use where no dredge or fill is needed for navigational access.
E.
Maintenance and repair of existing structures or facilities.
F.
Bridge crossing support structures and dredging necessary for their installation and maintenance.
G.
Beach nourishment at sites designated in the Comprehensive Plan.
H.
Active restoration of fish habitat, wildlife habitat, or water quality.
I.
Filling in conjunction with any of the permitted uses, pursuant to the applicable standards in Section 16.160.060.
J.
Tidegate installation and maintenance in existing functional dikes.
K.
Dredging to obtain fill material for dike maintenance pursuant to the dike maintenance dredging standards.
L.
Navigation aids.
M.
Pipelines, cables, and utility crossings.
N.
Water-dependent parts of an aquaculture facility which do not involve dredge or fill or other estuarine alterations other than incidental dredging for harvest of benthic species or removable in-water structures such as stakes or racks.
O.
Dredging in conjunction with any of the permitted uses, pursuant to the applicable standards in Section 16.160.040.
P.
Undeveloped low intensity water-dependent recreation.
Q.
Research and educational observation.
R.
Piling in conjunction with any of the permitted uses.
S.
Passive restoration.
T.
Bridge Crossing. Temporary encroachments in the floodway for the purposes of bridge construction and repair:
1.
This use shall comply with Chapter 16.88 (Flood Hazard Overlay (FHO) District) prior to issuance of any permits.
2.
The temporary permit shall state the number of days the structure or other development will be on the site. If a longer period is required, a new permit shall be issued.
3.
A flood warning system for the project should be in place to allow equipment to be evacuated from the site and placed outside the floodplain.
4.
Placement of equipment in the floodway should be restricted to only equipment which is absolutely necessary for the purposes of the project. All other accessory equipment and temporary structures (i.e., construction trailers) should be restricted from the floodway. Structures should be placed on site so that flood damages are minimized. Anchoring the construction trailers in case evacuation is not practical.
U.
Temporary uses.
V.
Similar uses to those listed in this section.
§ 16.76.030 Conditional Uses.
The following uses and activities and their accessory uses and activities may be permitted in the A-2 zone when approved under Chapter 16.220, Conditional Use Permits. The uses and activities are also subject to the provisions of Section 16.76.040, Development Standards. They are also subject to a resource capability determination (Section 16.164.050) and impact assessment (Section 16.164.010).
A.
High-intensity water-dependent recreation including boat ramps, marinas, and individual docks.
B.
Aquaculture and water-dependent portions of aquaculture facilities.
C.
Active restoration for purposes other than protection of habitat, nutrient, fish, wildlife and aesthetic resources.
D.
Temporary alterations.
E.
Filling in conjunction with listed conditional uses, pursuant to the applicable standards in Section 16.160.060.
F.
Minor navigational improvement.
G.
Mining and mineral extraction.
H.
Dredging in conjunction with any of the listed conditional uses pursuant to the applicable standards in Section 16.160.040.
I.
Low-intensity water-dependent commercial or industrial uses requiring occupation of water-surface area by means other than fill.
J.
In-water log storage.
L.
Piling in conjunction with any of the listed conditional uses.
M.
Flow lane disposal of dredged material where an exception to Statewide Goal 16 has been approved.
N.
Similar uses to those listed in this section.
(Ord. 1283, 4/22/2025)
§ 16.76.040 Development Standards.
The following standards are applicable in the A-2 zone:
A.
All uses shall satisfy applicable Columbia River Estuary Shoreland and Aquatic Area Development Standards in Chapter 16.160.
B.
A proposal involving several uses shall be reviewed in aggregate under the more stringent procedure.
C.
All applicable policies in the City's Comprehensive Plan and goal exceptions shall be met.
D.
A proposal which requires new dredging, fill, in-water structures, riprap, new log storage areas, water intake, in-water disposal of dredged material, beach nourishment, or other activities which could affect the estuary's physical processes or biological resources is subject to an impact assessment (Section 16.164.010).
E.
All other applicable Development Code requirements shall also be satisfied.
F.
The maximum height of structures in the A-2 zone shall be 45 feet above MLLW.
G.
Uses that are not water-dependent shall be located on a floating structure or on pilings, and shall not increase the need for fill if in association with a water-dependent use located on fill.
H.
Uses that are not water-dependent shall not preclude or conflict with existing or probable future water-dependent development on the site or in the vicinity.
I.
Uses that are water-dependent and/or water-related must meet the criteria in Section 16.160.080.
J.
Uses and activities permitted under Section 16.76.020 of this chapter are subject to the public notice provisions of Section 16.208.040 if an impact assessment is required pursuant to Sections 16.164.010 through 16.164.050, or if a determination of consistency with the purpose of the A-2 zone is required pursuant to Section 16.164.020, or if the Community Development Director determines that the permit decision will require interpretation or the exercise of factual, policy or legal judgment.
K.
All new sewer and water connections for a proposed development shall comply with all City regulations.
§ 16.80.010 Purpose.
The purpose of the Aquatic Natural Zone is to assure the protection of significant fish and wildlife habitats; of continued biological productivity within the estuary; and of scientific, research, and educational needs. These areas are managed to preserve natural resources in recognition of dynamic, natural, geological, and evolutionary processes. Natural aquatic areas include all major tidal marshes, tide flats, and seagrass and algae beds. The designation is intended to preserve those natural aquatic resource systems existing relatively free of human influence.
§ 16.80.020 Permitted Uses.
The following uses and activities and their accessory uses and activities are permitted in the A-3 zone if the Community Development Director determines that the uses conform to the standards in Section 16.80.040, applicable Development Code standards, and other City laws:
A.
Low-intensity water-dependent recreation.
B.
Passive restoration.
C.
Navigational aid, such as beacons and buoys.
D.
Vegetative shoreline stabilization.
E.
Emergency repair to existing dikes.
F.
Marine research and education.
G.
Piling installation as necessary for permitted uses.
H.
Similar uses as those listed in this section.
§ 16.80.030 Conditional Uses.
The following uses and activities and their accessory uses and activities may be permitted in the A-3 zone when approved under Chapter 16.220, Conditional Use Permits. They are also subject to the provisions of Section 16.80.040, Development Standards. These uses and activities are also subject to a resource capability determination (Section 16.164.050), and an impact assessment (Section 16.164.010).
A.
Maintenance and Repair of Existing Structures or Facilities. Temporary encroachments in the floodway for the purposes of bridge construction and repair:
1.
This use shall comply with Chapter 16.88 (Flood Hazard Overlay (FHO) District) prior to issuance of any permits.
2.
The temporary permit shall state the number of days the structure or other development will be on the site. If a longer period is required, a new permit shall be issued.
3.
A flood warning system for the project should be in place to allow equipment to be evacuated from the site and placed outside the floodplain.
4.
Placement of equipment in the floodway should be restricted to only equipment which is absolutely necessary for the purposes of the project. All other accessory equipment and temporary structures (i.e., construction trailers) should be restricted from the floodway. Structures should be placed on site so that flood damages are minimized. Anchoring the construction trailers in case evacuation is not practical.
D.
Active restoration.
E.
Pipeline, cable and utility crossing.
F.
Dredging as necessary for conditional uses in subsections A through E of this section, pursuant to the applicable standards in Section 16.160.040.
G.
Aquaculture facilities limited to temporary removable structures which require no dredge or fill.
H.
Piling as necessary for conditional uses as listed.
I.
Similar uses as those listed in this section.
§ 16.80.040 Development Standards.
The following standards are applicable in the A-3 zone:
A.
All uses and activities shall satisfy applicable Columbia River Estuary Shoreland and Aquatic Area Development Standards in Chapter 16.160.
B.
A proposal involving several uses shall be reviewed in aggregate under the more stringent procedure.
C.
All applicable policies in the City's Comprehensive Plan, mediation panel agreement and goal exceptions shall be met.
D.
All other applicable Development Code requirements shall also be satisfied.
E.
A use which requires new dredging, fill, in-water structures, riprap, new log storage areas, water intake, in-water disposal of dredged material, beach nourishment, or other activities which could affect the estuary's physical processes or biological resources is subject to an impact assessment (Section 16.164.010).
F.
Uses that are not water-dependent shall be located either on a floating structure or on pilings, and shall not increase the need for fill if in association with a water-dependent use located on fill.
G.
Uses that are not water-dependent shall not preclude or conflict with existing or probable future water-dependent uses on the site or in the vicinity.
H.
Maximum height of structures shall by 35 feet above MLLW
I.
Uses that are water-dependent and/or water-related must meet the criteria in Section 16.160.080.
J.
Uses and activities permitted under Section 16.80.020 of this chapter are subject to the public notice provisions of Section 16.208.040 if an impact assessment is required pursuant to Sections 16.164.010 through 16.164.050, or if a determination of consistency with the purpose of the A-3 zone is required pursuant to Section 16.164.020, or if the Community Development Director determines that the permit decision will require interpretation or the exercise of factual, policy or legal judgment.
K.
All new sewer and water connections for a proposed development shall comply with all City regulations.
§ 16.84.010 Purpose.
The purpose of the Coastal Lake and Freshwater Wetland Zone is to assure the conservation of important shoreland and wetland biological habitats and conserve examples of different natural ecosystem types in the Clatsop Plains to assure a diversity of species and ecological relations. Low intensity uses which do not result in major alterations are appropriate in this zone. Low to moderate intensity recreation is appropriate in coastal lakes. This zone includes coastal lakes, significant non-estuarine freshwater marshes and important upland biological habitat.
§ 16.84.020 Zone Boundaries.
The A-5 zone shall be designated on the City of Warrenton Comprehensive Plan/Zone Map, and shall conform to the 1" = 400' photo-contour maps entitled Significant Shoreland and Wetland Biological Habitats on file at the City of Warrenton and hereby adopted by reference.
§ 16.84.030 Permitted Uses.
The following uses and their accessory uses are permitted in the A-5 zone if the Community Development Director determines that the uses conform to the standards in Section 16.84.050, applicable Development Code standards, and other City laws:
A.
Low intensity recreation.
B.
Passive restoration.
C.
Vegetative shoreline stabilization.
D.
Bridges and Access Roads. Temporary encroachments in the floodway for the purposes of bridge construction and repair:
1.
This use shall comply with Chapter 16.88 (Flood Hazard Overlay (FHO) District) prior to issuance of any permits.
2.
The temporary permit shall state the number of days the structure or other development will be on the site. If a longer period is required, a new permit shall be issued.
3.
A flood warning system for the project should be in place to allow equipment to be evacuated from the site and placed outside the floodplain.
4.
Placement of equipment in the floodway should be restricted to only equipment which is absolutely necessary for the purposes of the project. All other accessory equipment and temporary structures (i.e., construction trailers) should be restricted from the floodway. Structures should be placed on site so that flood damages are minimized. Anchoring the construction trailers in case evacuation is not practical.
E.
Individual docks limited to 500 square feet for recreational or fishing use and necessary piling.
F.
Submerged cable, sewer line, water line or other pipeline.
G.
Maintenance and repair of existing structures.
H.
Developed hiking or bicycle trails.
I.
In the Marine Commercial Shorelands Zone (C-2), the Recreation-Commercial Zone (R-C), and in the Water-Dependent Industrial Shorelands Zone (I-2), non-water-dependent uses that are in conjunction with and incidental and subordinate to water-dependent uses on the site may be approved subject to the following standards:
1.
Such non-water-dependent uses shall be constructed at the same time as or after the water-dependent use of the site is established, and must be carried out together with the water-dependent use.
2.
The ratio of the square footage of ground-level indoor floor space plus outdoor acreage distributed between the non-water-dependent uses and the water-dependent uses at the site shall not exceed one to three (non-water-dependent to water-dependent).
3.
Such non-water-dependent uses shall not interfere with the conduct of the water-dependent use.
J.
In the Marine Commercial Shorelands Zone (C-2), the Recreation-Commercial Zone (R-C), and in the Water-Dependent Industrial Shorelands Zone (I-2), temporary non-water-dependent uses that involve minimal capital investment and no permanent structures subject to this standard. The intent of allowing such uses is to avoid posing a significant economic obstacle to attracting water-dependent uses. Tools for implementing this approach include "vacate" clauses in leases on public lands, as well as requiring "vacate" clauses for land use approvals involving leasing of private lands.
K.
Similar uses as those listed in this section.
§ 16.84.040 Conditional Uses.
§ 16.84.050 Development Standards.
The following standards are applicable in the A-5 zone:
A. "Access" "Requires" "Water-borne transportation" "Recreation" "Energy production" "Sources of water"
All uses shall satisfy applicable aquatic and shoreland standards in this chapter. When applied to lands in the Marine Commercial Shorelands Zone, Recreation Commercial Zone, or the Water-Dependent Industrial Shorelands Zone, the following definitions apply:
means physical contact with or use of the water.
means the use either by its intrinsic nature (e.g., fishing, navigation, boat moorage) or at the current level of technology cannot exist without water access.
means uses of water access:
means water access for fishing, swimming, boating, etc. Recreational uses are water-dependent only if use of the water is an integral part of the activity.
means uses which need quantities of water to produce energy directly (e.g., hydroelectric facilities, ocean thermal energy conversion).
means facilities for the appropriation of quantities of water for cooling processing or other integral functions.
B.
Typical examples of water-dependent uses include the following:
1.
Industrial. Manufacturing to include boat building and repair; water-borne transportation, terminals, and support; energy production which needs quantities of water to produce energy directly; water intake structures for facilities needing quantities of water for cooling, processing, or other integral functions.
2.
Commercial. Commercial fishing marinas and support; fish processing and sales; boat sales, rentals, and supplies.
3.
Recreational. Recreational marinas, boat ramps, and support.
4.
Aquaculture.
5.
Certain scientific and educational activities which, by their nature, require access to coastal waters-estuarine research activities and equipment mooring and support.
C.
Examples of uses that are not "water-dependent uses" include restaurants, hotels, motels, bed and breakfasts, residences, parking lots not associated with water-dependent uses, and boardwalks.
D.
Uses that are not water-dependent or water-related shall be set back to the extent of riparian vegetation identified in the Comprehensive Plan and in accordance with the wetland and riparian area protection area standards of Chapter 16.156.
E.
At such time that a development is proposed in the vicinity of an area designated freshwater wetland, the City may require a site investigation to determine the exact location of the zone boundary. The site investigation shall be performed by a qualified consultant or by a biologist from a state or federal resource management agency.
F.
Development in this zone is subject to permit approval by the U.S. Army Corps of Engineers and by the Oregon Division of State Lands.
G.
All other applicable Code requirements shall be met.
H.
All new sewer and water connections for a proposed development shall comply with all City regulations.
§ 16.88.010 Purpose.
The purpose of the FH Overlay District is to regulate the use of those areas that are subject to periodic flooding in order to promote the public health, safety, general welfare, and to minimize public and private losses due to flood conditions. FEMA's FIRM map shows the flood areas in Warrenton being in the FIRM category "A and AE" in specific areas by provisions designed to:
A.
Combine with other zoning requirements, certain restrictions made necessary for the known flood hazard areas to promote the general health, welfare and safety of the City;
B.
Protect human life and health;
C.
Prevent the establishment of certain structures and land uses in areas unsuitable for human habitation because of the danger of flooding, unsanitary conditions or other hazards;
D.
Minimize expenditure of public money and costly flood control projects;
E.
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
F.
Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard as to minimize future flood blight areas;
G.
Minimize prolonged business interruptions;
H.
Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
I.
Ensure that potential buyers are notified that property is in an area of special flood hazard; and
J.
Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
§ 16.88.020 General Provisions.
A.
Areas Affected by FH Overlay District. This district shall apply to all areas of special flood hazards within the jurisdiction of Warrenton. Since the FH overlay district is an overlay zone, one or more other zoning districts will also regulate the use of land in areas of special flood hazards.
B.
Basis for Establishing the Areas of Special Flood Hazards. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for Clatsop County, Oregon and Incorporated Areas," dated September 17, 2010, with accompanying flood insurance maps are hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file at the Warrenton City Hall. The best available information for flood hazard area identification shall be the basis for regulation until a new FIRM is issued.
C.
Prohibited Uses. In an FH overlay district it shall be unlawful to erect, alter, maintain or establish, in an FH overlay district, any building, use, or occupancy not permitted by the provisions of this or any other applicable zoning district except existing nonconforming uses and structures, which may continue as specified in Chapter 16.276.
D.
Warning and Disclaimer of Liability. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Warrenton, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
E.
Penalties for Noncompliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $1,000.00 for each violation and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Community Development Director from taking such other lawful action as is necessary to prevent or remedy any violation.
F.
Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, state building codes, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
G.
Severability. If any section, clause, sentence, or phrase of this chapter is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this chapter.
H.
Interpretation. In the interpretation and application of this chapter, all provisions shall be:
I.
Encroachments. The cumulative effect of any proposed development, where combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point.
(Ord. 1276, 11/26/2024)
§ 16.92.010 Purpose.
The purpose of the Airport Operations Zone is to encourage and support the continued operation and vitality of Port of Astoria Regional Airport in the City of Warrenton, Clatsop County, OR, by allowing certain airport-related commercial, recreational and industrial uses in accordance with state law. In order to carry out the provisions of this overlay zone there are hereby created and established certain zones which include all of the land lying beneath the airport imaginary surfaces as they apply to the Astoria Regional Airport. Such zones are shown on the current Airport Approach and Clear Zone Map. This overlay zone is further intended to prevent the establishment of air space obstructions in airport approaches and surrounding areas through restrictions and other land use controls as deemed essential to protect health, safety, and welfare.
(Ord. 1221 § 3, 2018)
§ 16.92.015 Application and Conformance.
This zoning district applies to Port of Astoria Regional Airport in the City of Warrenton, Clatsop County, OR. All uses, activities, facilities and structures allowed in the Airport Zone shall comply with the requirements of the Airport Safety and Compatibility Overlay Zone. In the event of a conflict between the requirements of this zone and those of the Airport Safety and Compatibility Overlay Zone, the requirements of the overlay zone shall control.
(Ord. 1221 § 3, 2018)
§ 16.92.020 Special Definitions.
Includes airplanes, helicopters, and unmanned aerial vehicles (UAV), but not hot air balloons or ultralights.
The owner, manager, person or entity designated to represent the interests of an airport.
A surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. The Federal Aviation Administration establishes and can potentially amend the following standards. The Approach Surfaces are described:
 |
Those imaginary areas in space which are defined by the approach surface, transitional surface, horizontal surface, and conical surface.
A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.
A horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of 5,000 feet from the center of each end of the primary surface of each visual or utility runway and 10,000 feet from the center of each end of the primary surface of all other runways and connecting the adjacent arcs by lines tangent to those arcs.
Within 1,500 feet of an airport or within established noise contour boundaries exceeding 65 Ldn.
A surface longitudinally centered on a runway. The primary surface extends 200 feet beyond each end of that runway. The width of the primary surface is 500 feet for Runway 31-13, and 1,000 feet for Runway 8-26.
An area off the runway end to enhance the protection of people and property on the ground.
The owner, manager, other person, or entity designated to represent the interests of an airport [OAR 660-013-0020(6)].
These surfaces extend seven feet outward for each one foot upward (7:1) beginning on each side of the primary surface which point is the same elevation as the runway surface, and from the sides of the approach surfaces thence extending upward to a height of 150 feet above the airport elevation (horizontal surface).
(Ord. 1221 § 3, 2018)
§ 16.92.030 Uses Permitted Outright Within Airport Imaginary Surfaces.
The following uses and activities are permitted outright in the Airport Zone:
A.
Farm use, excluding the raising and feeding of animals which would be adversely affected by aircraft passing overhead.
B.
Landscape nursery, cemetery or recreation areas, which do not include buildings or structures.
C.
Roadways, parking areas and storage yards located in such a manner that vehicle lights will not make it difficult for pilots to distinguish between landing lights and vehicle lights or result in glare, or in any way impair visibility in the vicinity of the landing approach. The approach surface must clear these by a minimum of 15 feet.
D.
Pipeline.
E.
Underground utility wire.
F.
Customary and usual aviation-related activities, including, but not limited to, takeoffs and landings; aircraft hangars and tie-downs; construction and maintenance of airport facilities; fixed based operator facilities; a residence for an airport caretaker or security officer; and other activities incidental to the normal operation of an airport. Except as provided in this ordinance, "customary and usual aviation-related activities" do not include residential, commercial, industrial, manufacturing and other uses.
G.
Air passenger and air freight services and facilities, at levels consistent with the classification and needs identified in the Oregon Department of Aviation Airport System Plan.
H.
Emergency medical flight services, including activities, aircraft, accessory structures, and other facilities necessary to support emergency transportation for medical purposes. Emergency medical flight services do not include hospitals, medical offices, medical labs, medical equipment sales, and other similar uses.
I.
Law enforcement and firefighting activities, including aircraft and ground-based activities, facilities and accessory structures necessary to support federal, state or local law enforcement or land management agencies engaged in law enforcement or firefighting activities. Law enforcement and firefighting activities include transport of personnel, aerial observation, and transport of equipment, water, fire retardant and supplies.
J.
Search and rescue operations, including aircraft and ground-based activities that promote the orderly and efficient conduct of search or rescue related activities.
K.
Flight instruction, including activities, facilities, and accessory structures located at airport sites that provide education and training directly related to aeronautical activities. Flight instruction includes ground training and aeronautic skills training, but does not include schools for flight attendants, ticket agents or similar personnel.
L.
Aircraft service, maintenance and training, including activities, facilities and accessory structures provided to teach aircraft service and maintenance skills and to maintain, service, refuel or repair aircraft or aircraft components. "Aircraft service, maintenance and training" includes the construction and assembly of aircraft and aircraft components for personal use, but does not include activities, structures or facilities for the manufacturing of aircraft or aircraft related products for sale to the public.
M.
Aircraft rental, including activities, facilities and accessory structures that support the provision of aircraft for rent or lease to the public.
N.
Aircraft sales and the sale of aeronautic equipment and supplies, including activities, facilities and accessory structures for the storage, display, demonstration and sales of aircraft and aeronautic equipment and supplies to the public but not including activities, structures or facilities for the manufacturing of aircraft or aircraft related products for sale to the public.
O.
Crop dusting activities, including activities, facilities and structures accessory to crop dusting operations. Crop dusting activities include, but are not limited to, aerial application of chemicals, seed, fertilizer, defoliant, and other chemicals or products used in a commercial agricultural, forestry or rangeland management setting.
(Ord. 1221 § 3, 2018)
§ 16.92.035 Uses Permitted Subject to the Acceptance of the Port of Astoria.
The following uses and activities and their associated facilities and accessory structures are permitted in the Airport Zone upon demonstration of acceptance by the airport sponsor.
A.
Aeronautic recreational and sporting activities, including activities, facilities and accessory structures at airports that support recreational usage of aircraft and sporting activities that require the use of aircraft or other devices used and intended for use in flight. Aeronautic recreation and sporting activities authorized under this paragraph include, but are not limited to, fly-ins; glider flights; hot air ballooning; ultralight aircraft flights; displays of aircraft; aeronautic flight skills contests; and gyrocopter flights, but do not include flights carrying parachutists or parachute drops (including all forms of skydiving).
B.
Event camping in a designated area on the airport for transient aircraft.
(Ord. 1221 § 3, 2018)
§ 16.92.040 Uses Permitted Under Prescribed Conditions Within Airport Imaginary Surfaces.
The following uses and activities and their associated facilities are permitted conditionally in the Airport Zone upon demonstration of compliance with the standards of Section 16.92.060, Conditional Use Standards.
A.
A structure or building accessory to a permitted use.
B.
Single-family dwellings, manufactured dwellings, duplexes and multifamily dwellings, when authorized in the primary zoning district, provided the landowner signs and records in the deed and mortgage records of Clatsop County a hold harmless agreement and aviation and hazard easement and submits them to the Port of Astoria and to the Warrenton Planning Department.
C.
Commercial and industrial uses, when authorized in the primary zoning district, provided the use does not result in the following:
1.
Creating electrical interference with navigational signals or radio communication between the airport and aircraft.
2.
Making it difficult for pilots to distinguish between airports lights or others.
3.
Impairing visibility.
4.
Creating bird strike hazards.
5.
Endangering or interfering with the landing, taking off or maneuvering of aircraft intending to use the airport.
6.
Attracting large number of people.
D.
Buildings and uses of a public works, public service or public utility nature.
E.
Production, processing, assembling, packaging or treatment of such products as food products, pharmaceutical, hardware and machine products.
F.
Production, processing, assembling, packaging or treatment of articles and products from previously-prepared or semi-finished materials, such as paper, wood, rubber, plastics, fibers and sheet metal.
G.
Research and development laboratories.
H.
Printing facilities.
I.
Public utility facilities such as power stations, sewage and water treatment plants.
J.
Storage and distribution services and facilities (i.e., truck terminals, warehouses and storage buildings and yards, contractor's establishments, lumber yards and sales) or similar uses.
K.
Vehicle repair (welding, painting and service, and parts facilities).
L.
Airport support structures: hangars, weather stations, fuel terminals and storage buildings, etc.
M.
Mini-warehouses or similar storage uses.
N.
Contractor shop or equipment storage yard for storage and rental of equipment commonly used by a contractor.
O.
Cabinet, carpenter, woodworking, sheet metal shops or similar establishments.
P.
Professional, financial or business offices.
Q.
Public utilities, including structures, pipelines, cables, and utility crossings.
R.
Government buildings and uses.
S.
Passive restoration.
V.
Food and/or beverage trucks or carts, or restaurant in connection with the operation of an FBO or terminal facility.
W.
Military facilities.
X.
On airport camping by occupants of transient aircraft.
(Ord. 1221 § 3, 2018)
§ 16.92.045 Uses Permitted Under Prescribed Conditions Acceptable to the Port of Astoria.
A.
Air Quality. The air quality standards set by the Department of Environmental Quality shall be the guiding standards in this zone, except that open burning is prohibited in any case.
B.
Noise. As may be permitted under all applicable laws and regulations.
C.
Storage. All materials, including wastes, shall be stored and maintained in a manner that will not attract or aid the propagation of insects or rodents or other animals or birds, or otherwise create a health hazard or nuisance.
D.
Fencing. Will be allowed inside a boundary planting screen and where it is necessary to protect property of the use concerned or to protect the public from a dangerous condition. Proposed fence locations and design shall be subject to City review.
E.
Buffer. Where this zone adjoins another non-industrial zone there shall be a buffer area at least 10 feet wide to provide a dense evergreen landscape buffer which attains a mature height of eight feet, or such other screening measures as may be prescribed by the City in the event differences in elevation or other circumstances should defeat the purpose of this requirement.
F.
Vibration. No vibration other than that caused by highway vehicles, trains and aircraft shall be permitted which is discernible without instruments at the property line of the use concerned.
G.
Airport Interference. No use shall create electrical or lighting interference with the operations of the Port of Astoria Airport.
H.
Setbacks. The minimum front, side and rear yard setbacks shall be 10 feet. When across a street from a non-industrial zone, the setback from the property line shall be 10 feet. When a property abuts a nonindustrial zone, the setback shall be as follows:
I.
All development shall comply with the wetland and riparian area protection standards of Chapter 16.156.
J.
Building Height. The maximum building height shall be 45 feet, except that it may be lower under either of the following circumstances:
K.
All other applicable Code requirements shall be satisfied.
L.
All new sewer and water connections for a proposed development shall comply with all City regulations.
M.
Prior to undertaking disposal, the dredging project proponent shall consult with the Army Corps and Oregon DSL to determine if the disposal site contains wetlands that are regulated under permit programs administered by those agencies. If the site contains regulated wetlands, the dredging project proponent shall either alter the disposal site boundaries to avoid the wetlands and leave an acceptable protective buffer, or obtain the necessary Corps and DSL permits to fill the wetlands.
(Ord. 1221 § 3, 2018)
§ 16.92.050 Conditional Use Procedures.
An applicant seeking a conditional use under Section 16.92.040 shall follow procedures set forth in Chapter 16.220. Information accompanying the application shall also include the following:
A.
Property boundary lines as they relate to airport imaginary surfaces;
B.
Location and height of all existing and proposed buildings, structures, utility lines and roads;
C.
Statement from the Oregon Aeronautics Division indicating that the proposed use will not interfere with operation of the landing facility.
§ 16.92.060 Conditional Use Standards.
A.
No object of natural growth or terrain, nor any structure, equipment, or materials shall be permitted to extend above the applicable airport imaginary surface without a determination from the Federal Aviation Administration and the Oregon Department of Aviation and supported by the airport sponsor that such object, structure, equipment or materials would not pose a hazard to air navigation.
B.
No place of public assembly shall be permitted in the approach surface.
C.
No structure or building shall be allowed within the clear surface.
D.
Whenever there is a conflict in height limitations prescribed by this overlay zone and the primary zoning district, the lowest height limitation fixed shall govern; provided, however, that the height limitations here imposed shall not apply to such structures customarily employed for aeronautical purposes.
E.
No glare producing material shall be used on the exterior of any structure located within the approach surface.
F.
In noise sensitive areas (within 1,500 feet of an airport or within established noise contour boundaries of 55 Ldn and above for identified airports) where noise levels are a concern, a declaration of anticipated noise levels shall be attached to any building permit or development approval. In areas where the noise level is anticipated to be 55 Ldn and above, prior to issuance of a building permit for construction of noise sensitive land use (real property normally used for sleeping or normally used as schools, churches, hospitals, or public libraries) the permit applicant shall be required to demonstrate that a noise abatement strategy will be incorporated into the building design which will achieve an indoor noise level equal to or less than 55 Ldn. The planning and building department will review building permits for noise sensitive developments.
§ 16.92.070 Marking and Lighting.
As a condition of any permit or land use approval, the City shall require the owner of any object of natural growth, terrain, structure, equipment, or materials to install, operate, and maintain, at the owner's expense, such marking and lightings as recommended or required by the Federal Aviation Administration and the Oregon Department of Aviation.
§ 16.96.010 Purpose.
The purpose of this zone is to avoid development hazards in areas of the City which, according to available soils information, may have moderate to highly compressible soils. These regulations apply to areas in the City which have Braillier, Bergsvik, Coquille-Clatsop Complex and Coquille Variant soils. Braillier and Bergsvik soils are organic soils with high fibrous vegetative content which are highly compressible under structural loads. Coquille soils may be subject to moderate to high compressibility depending on the size and structural load applied by a building due to a high water table and poor drainage. Since these soils can cause severe problems for development, this zone utilizes special regulations designed to minimize hazards by requiring use of sound soils data and engineering principles to determine development techniques and by requiring property developers to assume responsibility for certain hazard-related costs.
§ 16.96.020 General Provisions.
A.
Uses Allowed. Allowable uses in the basic zoning district within which the property is located will be allowed in the SH zone if the use will not violate standards referenced in the applicable basic zoning district, this section, Section 16.96.020 and additional Development Code provisions.
B.
Soil Hazard (SH) Boundaries. The boundaries of the soil hazard shall be the same as those for areas in the City with Braillier, Bergsvik, Coquille Variant Silt Loam, and Coquille-Clatsop Complex soils identified by the Soil Survey of Clatsop County, Oregon, prepared by the Soil Conservation Service February, 1988.
C.
Warning and Disclaimer of Liability. The degree of protection from problems caused by compressible soils which is required by this chapter is considered reasonable for regulatory purposes. This chapter does not imply that property outside the SH zone or uses permitted within the SH zone will be free from soils hazards. This chapter shall not create a liability on the part of the City of Warrenton or by any officer, employee or official thereof, for any damages due to compressible soils that result from reliance on this chapter or any administrative decision lawfully made thereunder.
§ 16.96.030 Regulations Applying to Areas of the City with Braillier and Bergsvik Soils.
A.
No building permit will be issued which involves the construction of a new structure or expansion of an existing structure until adequate soil testing and engineering design is completed.
B.
The City will require that the applicant for a building permit in this zone obtain a detailed soil survey for the proposed building site. The soil survey shall be conducted by a licensed engineer and include test holes placed on a 50-foot grid.
C.
If the detailed soil survey indicates that significant amounts of compressible soils are in locations desired for development, the City will require the developer or owner to have a report prepared by a licensed engineer which indicates suitable techniques to minimize potential soil hazards to proposed utilities, roads and structures.
D.
The proposed use will be permitted only if:
1.
The detailed soil survey indicates that there is not a significant amount of compressible soils on the portion of the site proposed for development; or
2.
A method of eliminating hazards which could result from soils on the site is proposed by the applicant's engineer or architect and approved by the City.
E.
The City may choose to utilize the services of an independent licensed engineer to review the findings of the soil survey and the proposed engineering design plan. The City may charge the developer a reasonable fee for the independent review.
§ 16.96.040 Areas with Coquille Variation or Coquille-Clatsop Complex Soils.
The City may require an on-site soil survey report and a report by a licensed engineer for large-scale commercial, industrial or governmental structures, multifamily residences, or other structures which would cause a heavy loading of soil in areas of the City with Coquille variant silt loam or Coquille-Clatsop complex soils.
§ 16.96.050 Additional Provisions.
A.
The City may charge the owner or developer a reasonable fee for the cost of reviewing the adequacy of the soil survey, the methods proposed to avoid soils hazards and the methods actually used to avoid these hazards.
B.
The City may require the owner or developer to post a performance bond to assure that adverse effects that may occur from a proposed development in the SH zone can be corrected. The size of the bond shall be no larger than necessary for correcting potential adverse effects. The bond shall be released when the City determines that performance pursuant to the applicant's approved engineered plan is satisfactory.
§ 16.100.010 Purpose.
The intent of this zone is to regulate actions in beach, active dune, recently stabilized dune, some older stabilized dune, and interdune areas in order to protect the fragile nature of this landscape by ensuring that development is consistent with the natural capabilities of these land forms. When the regulations of this overlay zone conflict with the underlying basic zone criteria (or the regulations of the Clatsop County Soil and Water Conservation District) the conflicts shall be resolved by the application of the more stringent regulations.
§ 16.100.020 General Provisions.
A.
Zone Boundaries. The boundaries of the BDO zone shall extend from the Pacific Ocean low water line landward to the east most limits of Zone One of the Clatsop County Soil and Water Conservation District. It shall also include areas to the north of Zone One which is designated in the Comprehensive Plan map, "Critical Beach and Dune Shoreland Areas." It shall also include areas to the north of Zone One which are designated in the Comprehensive Plan map "Critical Beach and Dune Shoreland Areas."
B.
Uses Allowed, BDO Zone. The following uses are allowed in beach or upland areas located within the BDO zone as identified on the F.E.M.A. map titled "Flood Insurance Rate Map, City of Warrenton, Oregon, Clatsop County," subject to the standards of Section 16.100.030.
1.
Pedestrian or equestrian beach access, including boardwalks.
2.
Temporary open sided structures.
3.
Foredune breaching.
4.
Beachfront protective structures.
5.
Sand fencing.
6.
Additional uses permitted in the basic zoning district after a site specific investigated by a registered geologist determines that the proposed use is not located in an active foredune, or in a conditionally stable foredune that is subject to ocean under-writing or wave overtopping, or in an interdune area (deflation plains) that is subject to ocean flooding.
7.
Beach uses permitted by the Parks and Recreation Division of the Transportation Department.
C.
Uses Allowed Outside of the BDO Zone. Uses allowed in the base zoning district are allowed outside of beach and upland areas located within the A Zone as identified on the F.E.M.A. maps titled "Flood Insurance Rate Map, City of Warrenton, Oregon, Clatsop County," and "Flood Insurance Rate Map, Town of Hammond, Oregon, Clatsop County," subject to the standards referred to in the applicable base zoning district and the standards of Section 16.100.030.
D.
Warning and Disclaimers of Liability. The degree of protection from erosion or accretion required by this chapter is considered reasonable for regulatory purposes. This does not imply that land outside the BDO zone or development permitted within such areas will be free from erosion or accretion. This chapter shall not create a liability on the part of the City of Warrenton or by any officer, employee or official thereof for any damages due to erosion or accretion that result from reliance on this chapter or any administrative decision lawfully made thereunder.
§ 16.100.030 BDO Zone Standards.
A.
General standards for uses located in the area described by Section 16.100.020.
1.
The use is adequately protected from any geologic hazard, wind erosion, undercutting, ocean flooding and storm waves; or is of minimal value.
2.
The use is designed to minimize adverse environmental effects both to the site and adjacent areas.
3.
Methods have been developed for protecting the surrounding area from any identified adverse effects of the development.
4.
Temporary and permanent sand stabilization programs have been prepared consistent with this section.
B.
Specific standards for foredune breaching in the area described by Section 16.100.020:
1.
The breaching is required to replenish sand supply in interdune areas, or for an emergency on a temporary basis.
2.
The breaching does not endanger existing development.
3.
The breaching does not adversely impact critical wildlife habitat.
4.
The areas affected by the breaching are restored according to an approved restoration plan.
C.
Specific standards for beachfront protective structures in the area described by Section 16.100.020:
1.
The structure is to protect development existing on January 1, 1977.
2.
Visual impacts are minimized.
3.
Public access to the beach is preserved.
4.
Negative impacts on adjacent property are minimized.
5.
Long-term or recurring costs to the public are avoided.
6.
Riprap bank protection must be appropriately designed with respect to slope, rock size, placement, underlying material and expected hydraulic conditions. Project design by a licensed engineer shall meet their requirement. The Community Development Director may also find that riprap projects designed by other qualified individuals such as experienced contractors and soil conservation service personnel, meet this standard.
7.
All riprap shall be covered with fill material such as soil clay and sand and revegetated with beach grass, with beach grass, willow, or other vegetation approved by the Community Development Director.
8.
Emergency maintenance, for the purpose of making repairs or for the purpose of preventing irreparable harm, injury or damage to a person's property or shoreline stabilization facilities is permitted, notwithstanding the other requirements and their standards, but subject to the regulations imposed by the Corps of Engineers and the Division of State Funds.
D.
Specific standards for sand fences in the area described by Section 16.100.020:
1.
The need for sand fences has been established as the result of a site investigation by a registered geologist as part of an overall dune stabilization program.
2.
No construction shall be permitted on any accreted areas.
3.
Accrued areas shall not form the basis for reestablishing the locations of an active foredune.
E.
If the development involves removal of vegetation in any location or combination of locations larger that 100 square feet which have sandy soils, a satisfactory wind erosion prevention plan will be submitted by the owner or developer which provides for temporary and permanent sand stabilization and maintenance of new and existing vegetation. This plan can be a simple report indicating what types of vegetation will be planted, the spacing of planting, approximately when planting will occur, how vegetation will be preserved and other relevant techniques being used to prevent wind erosion. The City may refer the report plan to the Clatsop County Soil and Water Conservation District for comments on the appropriateness of the proposed wind erosion prevention techniques.
F.
Removal of vegetation in areas with sandy soils shall be kept to the minimum required for building placement or other valid purposes. Removal of vegetation should not occur more than 30 days prior to grading, construction or landscaping. Permanent revegetation shall be started on the site as soon as practical and should return the site to its preconstruction level of stability or further increase the area's stability.
G.
Sand removal shall be limited to that necessary for construction of permitted structures on the site or for eliminating hazards. Adequate consideration will be given to removing sand from the least sensitive locations. Disturbed areas shall be properly revegetated unless building is done thereon.
H.
The proposed development will not result in the drawdown of the groundwater supply in a manner that would lead to (1) the loss of stabilizing vegetation; (2) the loss of water quality; (3) saltwater intrusion into the water supply; or (4) significant lowering of interdune lake water levels.
I.
Grazing of livestock is prohibited.
J.
Vehicular transportation facilities and improvements (not multi-use paths or trails) that have been identified in the Warrenton TSP are permitted conditionally subject to the provisions of Chapter 16.220 of this Code. Goal findings or a goal exception that determines the proposed project to be consistent with the adopted goal finding or exception are required. When approved, vehicular traffic will be restricted to hard surfaced roads.
K.
The City may charge the owner or developer a reasonable fee for the cost of reviewing site specific reports, wind erosion prevention plans and the methods actually used to avoid hazards associated with active dune and interdune areas.
L.
The City may require the owner or developer to post a performance bond to assure that adverse effects which may occur as a result of a use or action can be corrected. The size of the bond shall be no larger than necessary for correcting potential adverse effects. The bond shall be released when the City determines that performance pursuant to the applicant's approved plan is satisfactory.
§ 16.104.010 Purpose.
The intent of this designation is to show the location of the dredged material disposal (DMD) sites in the City with respect to present and expected water-dependent development and navigational access requirements and to protect these sites for dredged material disposal operations.
§ 16.104.020 DMD Site Locations.
The dredged material disposal site locations are shown on the DMD map of the Development Code and in the dredged material disposal (DMD) element of the Comprehensive Plan, and the CREST 2002 Management Plan as it references the City of Warrenton and its sites therein. Revisions to the DMD sites or to the DMD language within the Comprehensive Plan shall be through an adoption of an amendment to the Comprehensive Plan.
§ 16.108.010 Purpose.
The purpose of the Mitigation Site Protection Overlay Zone is to protect identified mitigation sites from incompatible and preemptive development and to implement mitigation and restoration actions in areas designated in the zone. There are three priority categories and three protection levels for mitigation sites in this zone.
§ 16.108.020 Designation of Mitigation Sites.
This overlay zone includes mitigation sites designated in the Comprehensive Plan. New sites may be added to the overlay zone through an amendment to the Comprehensive Plan.
§ 16.108.030 Uses Allowed.
The priority and level of protection for a designated mitigation site may be determined from the mitigation section of the City's Comprehensive Plan. The following uses are allowable in this overlay zone:
A.
Priority One, Level One Sites.
1.
Uses allowed in the underlying zone that do not preempt the use of the site for mitigation purposes, subject to the underlying zone's development standards.
2.
Mitigation as a review use subject to the mitigation and restoration standards in Section 16.160.110.
B.
Priority Two, Level Three Sites.
1.
Uses allowed in the underlying zone that do not preempt the use of the site for mitigation purposes, subject to the underlying zone's development standards.
2.
Mitigation as a review use subject to the mitigation and restoration standards in Section 16.160.110.
3.
Restoration, creation and enhancement outside of the context of the mitigation as a conditional use pursuant to Chapter 16.220, and subject to the mitigation and restoration standards in Section 16.160.110.
4.
Preemptive uses allowed in the underlying zone, subject to the zone's development standards, under the additional condition that a 30-day freeze is placed on permit issuance, starting from the date that a complete application is accepted. The purpose of the 30-day freeze is to give parties interested in the site time to review the need for use of the site for mitigation. If at the close of the 30-day period no satisfactory means of preserving the site is established, the permit will be processed under the normal procedures.
C.
Priority Three, Level Four Sites.
1.
All uses allowed in the underlying zone, subject to the underlying zone's development standards.
2.
Mitigation as a review use subject to the mitigation and restoration standards in Section 16.160.110.
3.
Restoration, creation, and enhancement outside of the context of mitigation as a conditional use pursuant to Chapter 16.220, and subject to the mitigation and restoration standards in Section 16.160.110.
§ 16.108.040 Removal of the Mitigation Site Protection Overlay Zone.
Removal of designated mitigation sites shall be subject to the following criteria:
A.
Priority One, Level One Sites.
1.
Removal of the Mitigation Site Protection Overlay Zone shall be allowed for any portion of the site where a mitigation action has occurred. The site shall be removed by an amendment to the Comprehensive Plan.
2.
Removal of the Mitigation Site Protection Overlay Zone before the site has been used wholly or in part for mitigation shall be done by an amendment to the Comprehensive Plan only where:
B.
Priority Two, Level Three Sites.
1.
The Mitigation Site Protection Overlay Zone shall be removed from any portion of a site where a mitigation action has occurred or preemptive uses have been implemented, including restoration, creation or enhancement outside of the context of mitigation. The site shall be removed by an amendment to the Comprehensive Plan.
2.
Removal of the Mitigation Site Protection Overlay Zone for all or portions of a designated mitigation site before the site has been used wholly or in part for mitigation shall be done by an amendment to the Comprehensive Plan and Development Code where:
C.
Priority Three, Level Four Sites. The Mitigation Site Protection Overlay Zone shall be removed from any portion of the site that a mitigation action has occurred on, or where preemptive uses (including restoration, creation or enhancement) have occurred. The site will be removed by an amendment to the Comprehensive Plan.
D.
After a mitigation site has been used for mitigation or restoration, creation, or enhancement action outside of the context of mitigation and all or a portion of the site is no longer available for mitigation, the Mitigation Site Protection Overlay Zone designation shall be removed and the wetland or aquatic area created through the mitigation action shall be placed in the appropriate aquatic designation. These changes shall be made by means of an amendment to the Comprehensive Plan.
§ 16.108.050 Preemptive Uses.
Incompatible and preemptive use of mitigation sites includes the following:
A.
Uses requiring substantial structural or capital improvements (e.g., construction of permanent buildings) but not including dike maintenance.
B.
Uses that require extensive alteration of the topography of the site, thereby reducing the potential for mitigation (e.g., extensive site grading, elevation of the site by placement of fill materials).
§ 16.112.010 Purpose.
The purpose of this chapter is to set forth growth management standards to insure the orderly conversion of the large amount of urbanizable residential land within the City to urban uses. The standards will apply to outlying areas of the City which are largely vacant and currently have a low level of urban services. These areas are projected to develop over time to a density of at least four units per acre. This chapter is intended to insure that public facilities adequate to serve development at this density are provided, either before or concurrent with development.
§ 16.112.020 Boundaries of Growth Management Areas.
The growth management standards in this chapter shall apply to areas designated on the Comprehensive Plan/Zone Map with the symbol "GM."
§ 16.112.030 Growth Management Standards.
The following standards shall apply to development within growth management areas:
A.
All development shall provide the following primary urban services: water, sanitary sewer facilities connecting to the City sewer system, local streets, fire protection and drainage. An inability to provide an acceptable level of all primary services shall result in the denial of a land use application.
B.
All development shall be reviewed to ascertain whether an adequate level of the following secondary urban services exists: collector and arterial streets, school, police protection and parks. Where the City determines and supports with findings that an unacceptable level of secondary urban services exist, the City may deny the land-use application unless the developer insures the availability of an acceptable level of the services within five years from occupancy.
C.
City specifications shall be the standard used as measurement of acceptability of a service.
D.
Encourage the development within urban areas before the conversion of urbanizable areas.
§ 16.112.040 Exceptions to Growth Management Standards.
Growth management standards shall not apply to the following land use actions:
A.
Construction of a single-family residence on a buildable lot.
B.
Exceptions approved by the Community Development Director, or in the case of a conditional use, an exception approved by the Planning Commission. In either case, the following findings must be made to support the exception to growth management standards:
1.
That the impact of the proposed development or land partition upon the unacceptable service(s) will be similar to that of a single-family residence;
2.
That the approval of the development or land division without the particularly unacceptable service(s) will not impede the orderly, efficient provision of any primary or secondary service to that area;
3.
That the public or nearby residents will not be endangered by the granting of the exception; and
4.
That it is consistent with the intent and purpose of Statewide Planning Goals 11 and 14, and the purpose of this chapter stated in Section 16.112.010.
§ 16.112.050 Land Divisions.
A.
All land divisions which would create a parcel under five acres in size shall be subject to approval under the appropriate procedures in this Code (Chapter 16.216). Land divisions which would create a parcel under five acres in size in growth management areas shall be approved only if:
1.
The lots created are at R-10 urban densities;
3.
An exception is approved as provided in Section 16.112.040.
B.
All land divisions that would create parcels between five and 10 acres in size shall be reviewed to insure that the proposed parcel layout (i.e., relationship to roads, easements and utilities) and building placement is such that the parcel can be re-divided at urban densities.
§ 16.112.060 Cost Allocation.
The cost of providing the required urban services for a particular land use proposal under consideration shall be borne by the applicant or benefited properties unless otherwise authorized by the City Commission.
§ 16.112.070 Administration of Growth Management Standards.
Compliance with the growth management standards shall be determined in conjunction with any land use application in accordance with the same procedural requirements as the accompanying land use request, except that the following shall also apply: Any published notice required of the accompanying land use request shall indicate compliance with the growth management standards will be considered.
§ 16.112.080 Public Improvement Guarantee.
For the purposes of this section, the word "insure" shall mean a legal and enforceable document, contract or process which guarantees to the City a public improvement will be accomplished. Assurances include, but are not limited to, the following:
A.
Performance bond.
B.
Cash in escrow, assignment of letter of credit, etc.
C.
Establishment of an LID (post-remonstrance period).
D.
Evidence of formal action by other public or private agencies or companies authorizing monies or scheduling of a requisite public improvement.
E.
The requisite improvement is included in an adopted capital improvement program with funds assured by the City.
F.
Any other legally binding agreement which assures the improvement will be made.
§ 16.114.010 Purpose.
The purpose of this chapter is to set forth design overlay standards for new neighborhood master plans to insure the orderly conversion of a large amount of urbanizable land to mixed use, residential and commercial land within the City to higher intensity, urban uses to maximize investment in public facilities. The standards will apply to areas identified through City or developer initiated master planning. The subject areas are largely vacant and currently have a low level of urban services. These areas are projected to develop over time to a density of at least 25 units per acre similar to High Density Residential Zone (RH). This chapter is intended to insure that public facilities adequate to serve development at this density are provided, either before or concurrent with development.
(Ord. 1233 § 1, 2020)
§ 16.114.020 Boundaries of Neighborhood Master Plan Areas.
The neighborhood master plan standards in this chapter shall apply to areas designated on the Comprehensive Plan/Zone Map with the symbol "NMP-NAME." In addition, a specific master plan will be adopted and referenced herein that illustrates the boundaries and physical layout of new streets, parks, and other land uses.
(Ord. 1233 § 1, 2020)
§ 16.114.030 Neighborhood Master Plan Development Standards.
The following standards shall apply to new development within designated areas:
A.
All development shall provide the following primary urban services: water, sanitary sewer facilities connecting to the City sewer system, local streets, fire protection and drainage. An inability to provide an acceptable level of all primary services shall result in the denial of a land use application.
B.
All development shall be reviewed to ascertain whether an adequate level of the following secondary urban services exists: collector and arterial streets, transit, schools, police protection, and parks. Where the City determines and supports with findings that an unacceptable level of secondary urban services exist, the City may deny the land use application unless the developer insures the availability of an acceptable level of the services within five years from occupancy.
C.
City specifications shall be the standard used as measurement of acceptability of a service, including traffic engineering and adopted City transportation policies, to disperse new traffic trips generated by the impact of new development. If street standards are proposed that differ from the TSP, findings and analysis shall be provided to demonstrate compliance and consistency with neighborhood planning principles.
D.
Encourage the maximum redevelopment of the area to facilitate the creation of a pedestrian friendly, transit supportive, and people oriented neighborhood where residents and visitors can walk to services within the neighborhood and adjacent areas.
E.
Development proposed within the neighborhood overlay that is consistent with the master plan is streamlined whereas any proposed development that does not support neighborhood planning principles in Comprehensive Plan and other policies should be discouraged.
(Ord. 1233 § 1, 2020)
§ 16.114.040 Spur 104 Performance Measures & Redevelopment Standards.
The following standards shall apply to new development in the Spur 104 Neighborhood Master Plan area.
A.
Development shall consider either the "Mixed Use Concept" or "Residential Concept" contained herein. At a minimum, streets, parks, open space, and trails shall be adhered to and planned for in future development.
B.
The total number of housing units for the new neighborhood shall not exceed 350 units. The types of units and minimum density are described in the Commercial Mixed Use (CMU) Zone and High Density Residential Zone (RH) standards. Housing units that existed prior to 2018 shall not be counted towards the cap on the total amount. Adaptive reuse of cultural or historic structures built prior to 1940 is strongly encouraged.
C.
The total amount of commercial space shall not exceed 50,000 SF. No building footprint shall be larger than 20,000 SF to encourage a mixed use, neighborhood scale, and pedestrian-oriented design. Maximum of building floor area shall be regulated by height standard. The types of uses allowed are described in the Commercial Mixed Use (CMU) Zone. However, drive thrus shall be prohibited to reduce traffic impacts.
D.
Architectural design shall be governed by Chapter 16.116 Design Standards. In addition, at least three distinct exterior materials shall be used. Glass entries and vestibules shall not be counted towards the required amount of materials. A distinctive entry is required. New parking for commercial uses should be located to the rear or side portion of the lot.
E.
All new development shall contribute to planned parks and trails identified on the concept plans and Parks Master Plan.
F.
Zero lot line developments for single family attached are allowed subject to site design review.
(Ord. 1233 § 1, 2020)