Yachats City Zoning Code
CHAPTER 9
52 SUPPLEMENTARY USE AND DESIGN REGULATIONS
§ 9.52.010 Distance between buildings.
A minimum distance of six feet shall be maintained between a building designed for dwelling purposes and other buildings on the same lot.
(Ord. 73E § 3.030, 1992)
§ 9.52.030 General provisions regarding accessory uses.
An accessory use shall comply with all requirements for a principal use, except as this title specifically allows to the contrary.
An accessory structure not used for human habitation and separated from the main building may be located in the required rear and side yard, except in the required street side yard of a corner lot, provided it is not closer than five feet to a property line.
1.
The maximum height shall be one story or 15 feet, whichever is the lesser.
2.
Accessory buildings are not permitted in the front yard.
(Ord. 73E § 3.050, 1992; Ord. 267, 2007; Ord. 319, 2013; Ord. 363 § 2, 2019)
§ 9.52.040 Approval of health department.
No dwelling unit shall be erected, altered, enlarged, rebuilt or moved unless it has adequate provision for domestic water supply and sewage disposal. Unless otherwise provided by the City, a private water supply and sewage disposal system shall be approved by the Lincoln County Health Department before occupancy of the building. Minimum lot sizes and widths as specified by this title may be increased if it is determined by the Lincoln County Health Department that more space is necessary to obtain proper sewage disposal.
(Ord. 73E § 3.060, 1992; Ord. 175, 1995)
§ 9.52.050 Geologic Hazard Overlay Zone.
A.
Purpose. The purpose of this overlay zone is to manage development in areas subject to geologic hazards in a manner that reduces long term risks to life, property, and the community, consistent with Statewide Planning Goal 7 and 18.
B.
Areas Included. The following areas are considered potentially geologically hazardous and are therefore subject to the requirements of this section:
1.
All lands partially or completely within "very high" and "high" landslide susceptibility areas as mapped in DOGAMI Open File Report 0-16-02, "Landslide Susceptibility Map of Oregon."
2.
All lands partially or completely within any coastal erosion hazard zone (very high, high, moderate, or low) as mapped in DOGAMI Open File Report 0-07-03, "Evaluation of Coastal Erosion Hazard Zones Along Dune and Bluff Backed Shorelines in Lincoln County, OR: Seal Rock to Cape Perpetua."
3.
All lands partially or completely within a rapidly moving landslide as mapped in DOGAMI IMS-22, "GIS Overview Map of Potential Rapidly Moving Landslide Hazards in Western Oregon," 2002.
C.
Allowed Uses. Within the Geologic Hazards Overlay Zone, all uses allowed pursuant to the provisions of the underlying zone may be allowed, subject to the additional requirements and limitations of this section.
D.
Geologic Hazard Permit Required.
1.
Except for activities identified in subsection (D)(2) as exempt, any new development, new construction or substantial improvement, as defined in Section 9.54.020, in an area subject to the provisions of this section shall require a geologic hazard permit. The geologic hazard permit may be applied for prior to or in conjunction with a building permit, grading permit, or any other permit or land use approval required by the City of Yachats.
2.
The following activities are exempt from the requirement for a geologic hazard permit:
a.
Maintenance, repair, or alterations to existing structures that do not alter the building footprint or foundation and do not constitute substantial improvement;
b.
An excavation which is less than two feet in depth or which involves less than 25 cubic yards of volume;
c.
Fill that is less than two feet in depth or that involves less than 25 cubic yards of volume;
d.
Exploratory excavations under the direction of a certified engineering geologist or registered geotechnical engineer;
e.
Gravesites dug in cemeteries;
f.
Construction of structures for which a building permit is not required;
g.
Removal of trees smaller than eight inches dbh (diameter breast height);
h.
Removal of trees larger than eight inches dbh (diameter breast height) provided the canopy area of the trees that are removed in any one year period is less than 25% of the lot or parcel area;
i.
Yard area vegetation maintenance and other vegetation removal on slopes less than 25% slopes;
k.
Maintenance and reconstruction of public and private roads, streets, parking lots, driveways, and utility lines, provided the work does not extend outside the previously disturbed area;
l.
Maintenance and repair of utility lines, and the installation of individual utility service connections;
m.
Emergency response activities intended to reduce or eliminate an immediate danger to life or property, or flood or fire hazard;
3.
Application, review, decisions, and appeals on geologic hazard permits shall be in accordance with the requirements for a staff level decision. Unless otherwise provided by Yachats Municipal Code or other provision of law, any geologic hazard permit so issued shall be valid for a time period as specified in the approval decision and shall in no case be valid for more than five years.
4.
In addition to a completed application as prescribed in subsection E, an application for a geologic hazard permit shall include the following:
a.
A site plan to scale that accurately illustrates areas of disturbance, ground topography (contours), roads and driveways, an outline of wooded or naturally vegetated areas, watercourses, erosion control measures, and trees with a diameter of at least eight inches dbh (diameter breast height) proposed for removal;
b.
An estimate of depths and the extent of all proposed excavation and fill work;
c.
Identification of the geologic hazard zone for the parcel or lot upon which development is to occur. In cases where properties are mapped with more than one hazard zone, a certified engineering geologist (CEG) shall identify the hazard zone(s) within which development is proposed; and
5.
A decision to approve a geologic hazard permit shall be based upon findings of compliance with the following standards:
a.
The proposed development is not subject to the prohibition of development on beaches and certain dune forms as set forth in Section 9.52.130;
b.
The proposed development complies with the applicable requirements and standards of sub-sections (D)(6) and (D)(7) of this section;
c.
The geologic report conforms to the standards for such reports set forth in subsection E of this section; and
d.
The development plans for the application conform, or can be made to conform, with all recommendations and specifications contained in the geologic report.
6.
In the event the city determines that additional review of a geologic hazard permit application by an appropriately licensed and/or certified professional is necessary to determine compliance with the provisions of this section, the City may retain the services of such a professional for this purpose. All costs incurred by the City for this additional review shall be paid by the applicant in addition to the application fee for a geologic hazard permit established pursuant to Section 9.88.050.
7.
In approving a geologic hazard permit, the City Planner may impose any conditions that are necessary to ensure compliance with the provisions of this section or with any other applicable provisions of the Yachats Municipal Code.
E.
Geologic Report (Engineering Geologic Report and Geotechnical Engineering Report) Standards.
1.
Geologic reports required by this section shall be prepared consistent with standard geologic practices employing generally accepted scientific and engineering principles, and shall, at a minimum, contain the items outlined in the most recent edition of Oregon State Board of Geologist Examiners "Guidelines for Preparing Engineering Geologic Reports in Oregon". For oceanfront property, reports shall also address the "Geological Report Guidelines for New Development on Oceanfront Properties," prepared by the Oregon Coastal Management Program of the Department of Land Conservation and Development, in use as of the effective date of this section. Reports shall reference the published guidelines upon which they are based. All engineering geologic reports and geotechnical engineering reports are valid for purposes of meeting the requirements of this section for a period of five years from the date of preparation. Such reports are valid only for the development plan addressed in the report. The City of Yachats assumes no responsibility for the quality or accuracy of such reports.
2.
For the purposes of Section 9.52.050, a geologic report refers to both engineering geologic reports and geotechnical engineering reports.
3.
Geologic reports required by this section shall include a statement certifying that all of the applicable content requirements of this subsection have been addressed.
F.
Additional Limitations in Geologic Hazard Areas.
1.
New construction shall be limited to the recommendations, if any, contained in the geologic report; and
2.
Safest Site Requirement. All new construction or substantial improvements shall be located within the area most suitable for development based on the least exposure to risk from coastal hazards as determined by a qualified geoprofessional as part of a geologic report prepared in accordance with subsection E. Notwithstanding the provisions of the underlying zone, as necessary to comply with this requirement.
3.
Hazard Disclosure Statement. All applications for new development or substantial improvements subject to geologic hazard permit shall provide a hazard disclosure statement signed by the property owner that acknowledges:
a.
The property is subject to potential natural hazards and that development thereon is subject to risk of damage from such hazards;
b.
The property owner has commissioned an engineering geologic report for the subject property, a copy of which is on file with City of Yachats Planning Department, and that the property owner has reviewed the engineering geologic report and has thus been informed and is aware of the type and extent of hazards present and the risks associated with development on the subject property;
c.
The property owner accepts and assumes all risks of damage from natural hazards associated with the development of the subject property.
G.
Minimum Oceanfront Setbacks. In areas subject to the provisions of this section, the building footprint of all new construction or substantial improvement subject to a geologic hazard permit shall be set back from the ocean shore a minimum 25 feet from the top of the bank or greater if recommended by an Oregon certified engineering geologist.
H.
Erosion Control Measures. A certified engineering geologist, geotechnical engineer, or qualified civil engineer shall address the following standards:
1.
Stripping of vegetation, grading, or other soil disturbance shall be done in a manner which will minimize soil erosion, stabilize the soil as quickly as practicable, and expose the smallest practical area at any one time during construction;
2.
Development plans shall minimize cut or fill operations so as to prevent off-site impacts;
3.
Temporary vegetation and/or mulching shall be used to protect exposed critical areas during development;
4.
Permanent plantings and any required structural erosion control and drainage measures shall be installed within three months;
5.
Provisions shall be made to effectively accommodate increased runoff caused by altered soil and surface conditions during and after development. The rate of surface water runoff shall be structurally retarded where necessary;
6.
Provisions shall be made to prevent surface water from damaging the cut face of excavations or the sloping surface of fills by installation of temporary or permanent drainage across or above such areas, or by other suitable stabilization measures such as mulching, seeding, planting, or armoring with rolled erosion control products, stone, or other similar methods;
7.
All drainage provisions shall be designed to adequately carry existing and potential surface runoff from the 20 year frequency storm to suitable drainageways such as storm drains, natural watercourses, or drainage swales. In no case shall runoff be directed in such a way that it significantly decreases the stability of known landslides or areas identified as unstable slopes prone to earth movement, either by erosion or increase of groundwater pressure;
8.
Where drainage swales are used to divert surface waters, they shall be vegetated or protected as necessary to prevent offsite erosion and sediment transport;
9.
Erosion and sediment control devices shall be required where necessary to prevent polluting discharges from occurring. Control devices and measures which may be required include, but are not limited to:
10.
Disposed spoil material or stockpiled topsoil shall be prevented from eroding into streams or drainageways by applying mulch or other protective covering; or by location at a sufficient distance from streams or drainageways; or by other sediment reduction measures;
11.
Such non-erosion pollution associated with construction such as pesticides, fertilizers, petro-chemicals, solid wastes, construction chemicals, or wastewaters shall be prevented from leaving the construction site through proper handling, disposal, site monitoring and clean-up activities; and
12.
Removal of Sedimentation. Whenever sedimentation is caused by stripping vegetation, grading, or other development, it shall be the responsibility of the person, corporation, or other entity causing such sedimentation to remove it from all adjoining surfaces and drainage systems and to return the affected areas to their original or equal condition prior to final approval of the project.
I.
Storm Water Retention Facilities Required. For structures, driveways, parking areas, or other impervious surfaces in areas of 12% slope or greater, the release rate and sedimentation of storm water shall be controlled by the use of retention facilities when specified by the City. The retention facilities shall be designed for storms having a 25 year recurrence frequency. Storm waters shall be directed into a drainage with adequate capacity so as not to flood adjacent or downstream property.
J.
Certification of Compliance. Permitted development shall comply with the recommendations in any required geologic or engineering report. No development requiring a geologic report shall receive final approval (e.g., certificate of occupancy, final inspection, etc.) until the City receives a written statement by a qualified geoprofessional indicating that all performance, mitigation, and monitoring measures contained in the report have been satisfied. If mitigation measures involve engineering solutions prepared by a licensed professional engineer, then the City must also receive an additional written statement of compliance by the licensed professional engineer.
K.
Restoration and Replacement of Existing Structures.
1.
A building or structure that is nonconforming under Chapter 9.76 of the Yachats Municipal Code that is destroyed by fire, other casualty or natural disaster shall be subject to the casualty loss provisions contained in Section 9.76.050. Application of the provisions of this section to a property shall not have the effect of rendering it nonconforming.
2.
A building or structure that conforms to the Municipal Code that is destroyed by fire, other casualty or natural disaster may be replaced with a building or structure of up to the same size provided a geologic report is prepared by a qualified geoprofessional. A geologic report prepared pursuant to this subsection shall adhere to the geologic report standards outlined in subsection E of this section. All recommendations contained in the report shall be followed, however the report need not establish that the site is suitable for development as required in subsection (F)(2) of this section. An application filed under this subsection shall be processed and authorized as a ministerial action by the City Planner.
(Ord. 73E § 3.070, 1992; Ord. 73G, 1993; Ord. 269, 2007; Ord. 322, 2013; Ord. 349 § 1, 2017; Ord. 367 § 1, 2021)
§ 9.52.060 County Road No. 804 right-of-way.
A.
The City shall assist the state and county in protecting the County Road No. 804 right-of-way and the prescriptive easements accepted by the Oregon Supreme Court as established by the Lincoln County Surveyor (Survey 11,905, 12/18/87) from alterations which would prevent the establishment and maintenance of a segment of the Oregon Coast Hiking Trail within the right-of-way.
B.
The City shall review all building permits, conditional use permits, zone changes and other land use decisions for properties within the County Road No. 804 right-of-way and prescriptive easements to assure that they are consistent with the following requirements:
1.
No structure, alteration or other development shall be permitted within the County Road No. 804 right-of-way and prescriptive easements except for a public recreation trail and improvements which are necessary or accessory to the construction or maintenance of a public recreation trail.
2.
Public utilities including water and sewer lines, or drainage, may be permitted where there is no feasible alternative location outside the right-of-way and prescriptive easements and the area is restored to its prior condition.
3.
For the purposes of this section, structures, alterations and development includes, but is not limited to, construction of buildings or fences, placement or removal of material, filling, grading, ditching and draining.
4.
A minimum five foot setback from the County Road No. 804 right-of-way shall be required.
(Ord. 125, 1984; Ord. 73E § 3.080, 1992; Ord. 218, 2000; Ord. 232, 2002)
§ 9.52.070 Shoreland setbacks.
A.
Purpose. The purpose of this section is to provide procedures necessary to secure the desirable attributes of the City from depletion by recognizing the value of the ocean, river, streams, wetlands, and riparian vegetation for fish and wildlife habitat, maintenance of water quality and quantity, alleviation of flooding hazards, stormwater control, recreation and aesthetics, and to provide for open space. Protection of the natural drainage ways as an integral part of the City environment in accordance with the 2011 Yachats Local Wetlands and Riparian Inventory (LWI) is also important in order to manage stormwater drainage, minimize maintenance costs, and protect properties adjacent to drainage ways.
The Planning Commission identified: (1) appropriate setbacks for the Yachats River and tributaries; (2) streams that should be subject to the 25 foot buffer; (3) streams that should be maintained in accordance with prior land use approvals; and (4) drainage ways that should be subject to standards that maintain their stormwater conveyance and storage function.
Yachats River and Tributaries |
The Planning Commission determined that it is appropriate to apply the "safe harbor" method to establish setbacks from the Yachats River and tributaries. The river and tributaries are fish-bearing streams with an average annual stream flow that is less than 1,000 cubic feet per second. Per the "safe harbor" methodology, a 50 foot setback shall be established from the top of a bank for fish-bearing streams with an average annual stream flow that is less than 1,000 cubic feet. |
Gender Creek |
The Planning Commission determined that Gender Creek is worthy of a 25 foot setback buffer in order to: (1) protect a natural resource and conserve open space; (2) reduce risks to people and property from flooding; and (3) to conserve and protect coastal shoreland resources. |
Statewide Goal 5 calls for the protection of natural resources and conservation of open space. Gender Creek is an open channel that extends from the hillside located east of the Oregon Coast Highway to the ocean. The only exception to this open channel is the culvert which crosses under the highway. |
Although not considered a fish-bearing stream, Gender Creek does provide habitat and a corridor for wildlife. Protection will help to maintain the beneficial effects of the stream as a natural habitat and corridor for wildlife. |
Additionally, Gender Creek is valued by nearby residents and property owners for its open space and aesthetic aspects. |
Statewide Goal 7 calls for reducing risks to people and property from natural hazards, including flooding. Properties adjacent to Gender Creek have a history of flooding. Gender Creek is essential to surface water management in the southernmost section of Yachats because the stream conveys stormwater and helps control flooding. In consideration of the carrying capacity of water in this drainage basin, measures are needed to ensure that the carrying capacity of the stream is not reduced. Maintaining a buffer area adjacent to the stream will help maintain this carrying capacity. It is critical that Gender Creek accommodate stormwater runoff and therefore helps to protect people and properties from damage caused by flooding. |
Statewide Goal 17 calls for the conservation and protection of coastal shoreland resources and benefits. The coastal shoreland area includes lands west of the Oregon Coast Highway which includes the western section of Gender Creek. As a stream that flows directly into the ocean, it is important to recognize the stream's value for protection and maintenance of water quality. Methods are needed to minimize man-induced sedimentation of coastal shorelands and water quality in coastal waters. The bank along Gender Creek is susceptible to environmental degradation problems; e.g., erosion and water quality impacts. Methods are needed to prevent and remedy degradation problems along Gender Creek; therefore, development restrictions adjacent to the stream, including building setbacks and application of development standards, will help preserve and restore the natural features of this coastal waterway. |
Unnamed Stream at North End of City |
The Planning Commission determined that a 25 foot setback would not be beneficial along the unnamed stream at the north end of the City due to existing and proposed development that provide stream protection measures. The stream runs through the Overleaf Village Planned Development (PD) west of Highway 101. Development of the Overleaf Village PD included restoration of the stream and maintenance standards that continue to protect and enhance the stream corridor. |
East of Highway 101, the stream runs through the northern portion of the proposed Fisterra Planned Development. The preliminary plan approval of Fisterra includes designation of the stream and its associated corridor as open space to be maintained in its natural condition. |
The unnamed stream shall be preserved and maintained as approved in the Overleaf Village and Fisterra Planned Developments. In the event the Fisterra PD preliminary plan approval expires prior to development, a minimum 25 foot setback would be required for that portion of the stream located east of Highway 101. |
Agency Creek |
Agency Creek consists of a combination of open channels, culverted sections, and underground sections. Development has occurred along the edges of the creek as well as over Agency Creek. Imposing greater setbacks on the limited number of undeveloped properties along the creek could cause significant hardship to development and be out of character with existing development. Agency Creek does not have a history of flooding as seen in other parts of Yachats. The Planning Commission determined that Agency Creek is a drainage way and therefore, subject to the Drainage Way Protection Standards. A 10 foot on-center drainage easement shall be maintained along with other standards identified in subsection (D)(4) of this section. |
Streams and Creeks That Intersect the Shoreland |
Any other streams and creeks that intersect the shoreland, shall be in accordance with Yachats Comprehensive Plan Goal A, Protection of Natural Resources, Policy 13. |
Other Drainage Ways |
Other drainage ways are identified in the Yachats Local Inventory. The Planning Commission determined these other drainage ways should continue to be subject to the Drainage Way Protection Standards identified in this section. |
B. "Drainage ways" "Fish habitat" "Ocean shoreland" "Riparian or wetland corridor" "River shoreland" "Stream" Stream, Designated. Stream, Fish Bearing. "Wetland" Wetland, Significant.
Definitions:
means drainages identified in the LWI, Stormwater Master Plan, and other drainages not yet identified in the LWI or Stormwater Master Plan, except for fish-bearing streams and designated streams.
means those areas upon which fish depend in order to meet their requirements for spawning, rearing, food supply, and migration.
means those areas west of the Yachats River Bridge adjacent to the ocean, bay and river.
means the area that lies within a line inland (or upland), measured on the horizontal from the top of the bank of a river or stream, or from a significant wetland.
means those areas adjacent to the Yachats River from the Yachats River Bridge upstream to the east City limit boundary.
means a channel, such as a river or creek, that carries flowing surface water, including full or part-time streams with defined channels, and excluding man-made irrigation and drainage channels.
A stream identified on the Designated Streams Map.
A fish-bearing stream as identified by the Oregon Department of Fish & Wildlife (ODF&W) which presently include only Yachats River and the Yachats River Tributaries, and any other streams hereafter so identified by ODF&W.
means an area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
A wetland one-half acre or greater in size that meets one or more mandatory criteria as identified in the LWI; i.e., wetlands labeled VC-4, VC-12, LY-19, and LY-25.
C.
Application and Permits.
1.
Application. The provisions of this section shall apply to ocean and river shorelands, and to fish bearing streams, designated streams, significant wetlands, and associated riparian areas identified in the LWI. The provisions of this section shall also apply to existing fish bearing and designated streams, significant wetlands, and associated riparian areas that are not yet identified in the LWI. Subsection D.4 of this section shall apply to all remaining drainage ways.
Development proposed in any wetland identified in the LWI, and wetlands not yet identified in the LWI, shall adhere to Oregon Department of State Lands (DSL) and U.S. Army Corps of Engineers Removal-Fill Law and other provisions. DSL currently requires a permit for any project removing, filling or altering 50 cubic yards or greater in a wetland. A DSL permit is required for removal or fill of any amount of material in a stream designated as essential salmon habitat or state scenic waterways.
The provisions of this section are to be applied in conjunction with the provisions of the underlying zone and are also subject to the applicable provisions of Chapters 9.52, 9.54, 9.76, 9.80, 9.84, and 9.88. Where the provisions of this section and the underlying zone conflict, the more restrictive regulations shall apply. Forestry activities subject to the riparian regulations of the Oregon Forest Practices Act are exempt from regulation under this section. Forestry activities not subject to the riparian regulations of the Oregon Forest Practices Act are subject to regulation under this section.
2.
Procedure for Development Applications. Except for permit requirements for riparian corridor vegetation removal or pruning as described in subsection (C)(3) of this section, applicants requesting approval for any development permit in an area which contains a designated resource identified in subsection (C)(1) of this section, shall submit, along with any application, a detailed site plan and written statement demonstrating how the proposed activities will conform to each of the applicable standards of this section. The City Planner shall review and approve the application if it is determined that all of the applicable criteria are met.
3.
Procedure for Riparian Corridor Vegetation Removal or Pruning. An executed Permit for Riparian Corridor Vegetation Removal or Pruning is required before any person undertakes removal or pruning in a riparian corridor. The City Planner, Public Works Director, or Code Enforcement Officer shall approve or disapprove the permit. Failure to complete the application form and secure an executed permit in advance is a violation of the City Code. A copy of an approved permit shall be in the possession of any person performing work thereunder for review by any person. Also, a copy shall be published in the Yachats Document Library.
D.
Protection Standards.
1.
Ocean Protection Standards. Prior to development on ocean shoreland a site specific geotechnical report shall be submitted to the City in accordance with Section 9.52.050. Setbacks shall be a minimum 25 feet from the top of the bank or greater if recommended by an Oregon certified engineering geologist.
2.
Riparian Corridor Protection Standards. The riparian corridor for fish bearing streams shall be 50 feet on either side of the stream. The riparian corridor for non-fish bearing streams identified on the Designated Streams Map shall be 25 feet on either side of the stream. The riparian corridor for a significant wetland shall be 25 feet around the wetland. See subsection (D)(3) below for additional Yachats River Protection Standards.
a.
The riparian corridor shall be delineated in the field by a person qualified to do such a delineation, following procedures accepted by the State of Oregon. A report and map which documents the boundaries shall be submitted to the City.
b.
The boundaries of the riparian corridor shall be clearly marked in the field, and such markings shall remain visible for inspection until all development on the site is complete.
c.
No filling, grading, excavating, or draining is permitted in a significant wetland unless such is performed for restoration purposes or in accordance with subsection (E)(4), Mitigation Standards. Valid permits from the U.S. Army Corps of Engineers and from the Oregon Department of State Lands, or written proof of exemption from these permit programs must be obtained and presented to the City prior to any such work.
d.
The flow from springs, drainages, streams, and other features providing the water necessary to maintain a significant wetland's hydrology, shall not be diminished or substantially increased.
e.
Within the riparian corridor boundary, no filling, grading, excavating or draining is permitted. No impermeable surfaces or structures shall be placed, no non-native vegetation shall be planted, and no vegetation shall be removed or destroyed, except that the following are allowed:
ii.
Fish and habitat restoration activities approved by Oregon Department of Fish and Wildlife.
iii.
Construction of an access road is permitted within the 50 foot riparian setback as necessary to allow development of property within the City limits on the south side of the Yachats River east of the Highway 101 bridge.
iv.
Any other exception approved by the Planning Commission through the conditional use process.
f.
Development activities shall not change the natural drainage or increase the water flow.
g.
Development activities shall not cause erosion.
3.
Additional River Protection Standards. The "safe harbor" method requires a 50 foot setback from all fish-bearing streams with average annual stream flow less than 1,000 cubic feet per second. The Yachats River has an average annual stream flow less than 1,000 cubic feet per second therefore a 50 foot riparian corridor shall be maintained. Within the first 30 feet, vegetation may be pruned or removed because of storm damage, plant health, disease, damage to existing structures, or demonstrated safety endangerment. If vegetation is removed, it must be replaced with similar riparian plants native to Oregon, as soon as practical. Individual property owners whose property is within the 50 foot riparian buffer are allowed to trim existing plants within 10 feet of a building if it is all within their property line. New native riparian plants may be planted within the riparian buffer. Otherwise within the first 30 feet, the existing native riparian vegetation shall remain undisturbed; in the last 20 feet slight vegetative alteration is allowed provided the overstory is retained. Minor pedestrian access paths leading to (but not parallel to) the Yachats River shall be allowed as long as the overstory is not disturbed (see Yachats Municipal Code Section 5.08.110). No other development shall be allowed within the riparian corridor. Noxious weeds and invasive plants shall be exempt from this restriction. Where a permitted use of a lot existing prior to the establishment of this amended section would be precluded by strict adherence to these requirements, the applicant may ask the Planning Commission for an exception to these standards if the applicant meets the following conditions:
4.
Remaining Drainage Way Protection Standards. To prevent new development from significantly increasing the amount or flow rate of surface water runoff destined for the drainage way, any new development or redevelopment proposed on land containing or adjoining a drainage way shall adhere to the following:
a.
No drainage way shall be altered—i.e., filled, culverted, re-routed, or disturbed—without prior approval by the City of Yachats.
b.
A drainage easement 10 foot on-center shall be maintained.
c.
For subdivisions and planned unit developments, include an engineered stormwater plan that provides for on-site stormwater detention and primary treatment that screens and separates gross pollutants (sedimentation, floatables, oil and grease).
5.
This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and any other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
E.
Exceptions and Variations.
2.
Hardship Variances.
a.
Applicability. This section applies to lots existing prior to November 9, 1978.
b.
Where a minimum building footprint of less than 800 square feet would result from application of the rules of this section, reduction or removal of the restrictions under this section can be granted to allow the building of a structure within such a building footprint through the variance procedure. Applicants for variance from this section should demonstrate, in addition to the criteria found in the variance ordinance (Chapter 9.80), that intrusion into the required riparian corridor, wetland, or drainage way protection areas has been minimized by maximizing setback variances on property line boundaries away from these resources.
3.
Map Error. If the resource is not located on a subject property, although the inventory map indicates it to be, the applicant for a building permit shall follow the following procedure:
a.
The boundary of the property with proximity to the resource area shall be marked between surveyed property markers with a visible string or tape.
b.
The applicant shall contact the City Planner and request a site visit.
c.
The City Planner shall inspect the property and, if the resource is not on the subject property, issue the applicant a note stating the resource is not on the subject property and the property is exempt from the provisions of this section.
d.
When the extent of the resource area cannot be determined by the City, the applicant shall seek prompt assistance from a natural resource agency in making that determination, or provide a written report from a properly-qualified specialist describing the boundaries of the resource area in relationship to the property boundaries.
4.
Mitigation Standards. When impacts within a riparian area are approved, mitigation will be required in accordance with the following standards:
a.
When mitigation for impacts to a riparian zone is proposed, the mitigation plan shall comply with all Oregon Department of State Lands and U.S. Army Corps of Engineers wetland regulations. The City may approve a development but shall not issue a building permit until all applicable State and Federal wetland permit approvals have been granted and copies of those approvals have been submitted to the City.
b.
When mitigation for impacts to a riparian zone is proposed, a mitigation plan prepared by a qualified professional shall be submitted to the City. The mitigation plan shall meet the following criteria:
i.
Mitigation for impacts to a riparian zone shall require a minimum mitigation area ratio of 1:1.
ii.
The mitigation plan shall document the location of the impact, the existing conditions of the resource prior to the impact, the location of the proposed mitigation area, a detailed planting plan of the proposed mitigation area with species and density, and a narrative describing how the resource will be replaced.
iii.
Mitigation shall occur on-site and as close to the impact area as possible. If this is not feasible, mitigation shall occur within the same drainage basin as the impact.
iv.
All vegetation planted within the mitigation area shall be native to the region. Species to be planted in the mitigation area shall replace those impacted by the development activity.
v.
Trees shall be planted at a density of not less than five per 1,000 square feet. Shrubs shall be planted at a density of not less than 10 per 1,000 square feet.
(Ord. 281, 2008; Ord. 285, 2009; Ord. 315, 2012; Ord. 340, 2016)
§ 9.52.080 Maintenance of access.
The City shall review under ORS 271.080 through 271.230, proposals for the vacation of public easements or rights-of-way which provide access to or along the estuary or ocean. The City shall review under the provisions of ORS 271.30 through 271.360, proposals for the sale, exchange or transfer of public ownership which provides access to or along the estuary or ocean. Existing public ownerships, rights-of-way and similar public easements which provide access to or along the estuary or ocean shall be retained or replaced if they are sold, exchanged or transferred. Rights-of-way may be vacated to permit redevelopment of existing developed shoreland areas provided public access across the affected site is retained.
(Ord. 73E § 3.100, 1992)
§ 9.52.090 Shoreline stabilization.
A.
Prior to construction of shoreline protective structures required permits shall be obtained from the applicable State of Oregon agencies.
C.
Where riprap, bulkheads or seawalls are proposed as protective measures, documentation must be based upon a report prepared by registered professional geologist, certified engineering geologist, or professional with qualifications in the field of coastal geology. The report shall be provided which verifies that high priority methods of erosion control will not work. Structural shoreline stabilization shall be permitted only if:
1.
There is a critical need to protect existing uses and structures that are actively threatened;
2.
Nonstructural or higher priority methods of shoreline stabilization are not feasible;
3.
The preferred method of structural shoreline stabilization is designed so as to minimize impacts on the adjacent beach and shoreline;
4.
Visual impacts are minimized;
5.
The proposed project will not restrict existing public access to publicly owned lands or interfere with the normal public use of fishery, recreation or water resources;
6.
Long-term or recurring costs to the public are avoided;
7.
The shoreline protection structure is the minimum necessary to protect property or existing structures; and
8.
Riparian vegetation is preserved as much as possible.
D.
Beachfront protective structures for beach and dune areas shall be permitted only where development existed on January 1, 1977. "Development" means houses, commercial and industrial buildings, and vacant subdivision lots which are physically improved through construction of streets and provision of utilities to the lot.
E.
Proposals for riprap shall include evidence that the size and density of rock to be used will be effective, and provide justification for use of a slope steeper than one and one-half feet horizontal to one-foot vertical.
F.
The City may require that proposed structural shoreline stabilization abutting a street-end, or other public right-of-way, incorporate steps, paths or other physical improvements to enhance public access to coastal waters.
G.
The City may require that shoreline stabilization projects be designed by a registered engineer.
H.
Shoreline stabilization projects shall not result in the creation of new upland area.
I.
The City may require an applicant for a shoreline stabilization project to post a performance bond with the City. The performance bond shall be refunded to the applicant once the shoreline stabilization project has been satisfactorily completed.
(Ord. 73E § 3.110, 1992; Ord. 304, 2011)
§ 9.52.100 Older stabilized dune construction standards.
It is the intent of the older stabilized dune construction standards to regulate actions in older stabilized dunes in order to minimize damage to the dune forms and to adjacent property.
This section applies to all areas identified as "older stabilized dunes" in the 1975 USDA Soil Conservation Service and OCCDC report "Beaches and Dunes of the Oregon Coast," specifically the Sand Dunes Map for Lincoln County, Oregon.
The following standards shall apply to development in older stabilized dunes:
A.
Before a building permit is issued for construction involving the removal of vegetation in areas of older stabilized dunes, the City shall require an erosion prevention plan. The plan shall provide for temporary and permanent sand stabilization and maintenance of new and existing vegetation. The plan shall return the area to its original level of stability or further increase the area's stability.
B.
Removal of vegetation in older stabilized dunes shall be kept to the minimum required for building placement or other valid purposes. Removal of vegetation shall not occur more than 30 days prior to grading, or construction. Permanent revegetation shall be started on the site as soon as practical.
C.
Sand removal shall be limited to that necessary for construction of permitted structures on the site or for eliminating hazards identified in the erosion prevention plan. Adequate consideration shall be given to removing sand from the least sensitive locations. Disturbed areas shall be properly revegetated unless building is done thereon.
D.
Developments shall result in the least topographic modification of the site that is practical.
(Ord. 73E § 3.120, 1992; Ord. 367 § 3, 2021)
§ 9.52.110 Protection of archaeological sites.
This section establishes a procedure for review of excavation, grading, construction or other development activity on archaeological sites. The requirements of this section apply to all archaeological sites identified in the comprehensive plan and previously unknown or unrecorded archaeological sites which are discovered during development activity or by other means.
Nothing in this section is intended to limit the applicant or landowner's responsibility to meet other applicable State and Federal laws which apply to archaeological sites, including, but not limited to, ORS 97.740 through 97.760 and ORS 358.905 through 358.955.
A.
A site development plan shall be approved by the Planning Commission prior to any excavation, grading, construction or other development activity on known archaeological sites.
B.
The applicant shall submit a site development plan to the City which contains the following information:
1.
The legal description of the site;
2.
Available information on the archaeological resources at the site;
3.
A map showing all areas proposed for excavation, grading, construction or other development activity;
4.
A description of the measures which are being taken to protect the archaeological resources at the site. Examples include, but are not limited to:
a.
Retaining the site in situ or moving it intact to another site, or
b.
Clustering development so as to avoid disturbing the site, or
c.
Setting the site aside for non-impacting activities, such as storage, or
d.
If permitted pursuant to the substantive and procedural requirements of ORS 97.750, contracting with a qualified archaeologist to excavate the site and remove any cultural objects and human remains, reinterring the human remains at the developer's expense, or
e.
Using civil means to ensure adequate protection of the resources, such as acquisition of easements, public dedications or transfer of title.
C.
The Planning Commission shall hold a public hearing to review site development plans.
D.
In addition to the notification requirements in Section 9.88.060, the City shall send notice of the public hearing and a copy of the site development plan to the Confederated Tribes of Siletz Tribal Council and the State Historic Preservation Office (SHPO) for their review and comment.
E.
The Planning Commission shall review the site development plan to determine if the plan protects the archaeological values of the site, and meets other applicable ordinance requirements. The Planning Commission may attach conditions or make modifications to the site development plan to incorporate appropriate measures identified by the Tribal Council and the State Historic Preservation Office, or any additional measures identified by the City which are necessary to protect the archaeological values of the site.
F.
If a previously unknown or unrecorded archaeological site is encountered in the process of construction, excavation, grading or other development activity, the developer must report the discovery as soon as possible to the City and the State Historic Preservation Office. The following actions are required:
1.
The City will notify the Confederated Tribes of Siletz, the Lincoln County Historical Society and the State Historic Preservation Office. The developer and interest groups are encouraged to negotiate the resolution of any conflicts with the site.
(Ord. 73E § 3.130, 1992)
§ 9.52.120 Demolitions or alterations of historic structures.
A.
Demolitions of Historic Structures Identified in the Comprehensive Plan Inventory of Historic Buildings.
1.
City staff shall hold applications for demolition for 45 days before issuing the permit.
2.
During the 45 day period, the City staff shall take the following action:
a.
Notify the State Historic Preservation Office of the proposed demolition;
b.
Advertise in a newspaper of general circulation the nature of the request and the historical values that would be lost;
c.
Inform the applicant of the historic character of the building and the incentives associated with historic preservation.
3.
If after 45 days the Planning Commission finds that there is no reasonable possibility for protecting the building, the demolition permit shall be issued.
B.
Alterations of Buildings Identified in the Comprehensive Plan as Having Significant Historic and Architectural Merit.
1.
Exterior alterations (except painting), additions and construction of auxiliary buildings shall be reviewed State Historic Preservation Office.
2.
Alterations of buildings shall be approved if proposed exterior materials and details are consistent with the building's historical character and maintenance of the building's predominant architectural features.
(Ord. 73E § 3.140, 1992; Ord. 304, 2011)
§ 9.52.130 Development on beaches and dunes.
Construction of residential, commercial, or industrial buildings is prohibited on beaches, active foredunes, other foredunes that are conditionally stable and subject to ocean undercutting or wave overtopping, and interdune areas (deflation plains) that are subject to ocean flooding. Other development in these areas shall be permitted only if a certified engineering geologist determines that the development is adequately protected from any geologic hazards, wind erosion, undercutting, ocean flooding and storm waves and is designed to minimize adverse environmental effects. Such a determination shall consider:
A.
The type of use proposed and the adverse effects it might have on the site and adjacent areas;
B.
Temporary and permanent stabilization programs and the planned maintenance of new and existing vegetation;
C.
Methods for protecting the surrounding area from any adverse effects of the development; and
D.
Hazards to life, public and private property, and the natural environment that may be caused by the proposed use.
(Ord. 73E § 3.150, 1992; Ord. 175, 1995; Ord. 367 § 3, 2021)
§ 9.52.140 Projections from buildings.
Architectural features such as cornices, eaves, canopies, sunshades, gutters, signs, chimneys and flues shall not project more than 18 inches into a yard.
(Ord. 73E § 4.010, 1992)
§ 9.52.150 General exceptions to lot size requirements.
If a lot or the aggregate of contiguous lots held in a single ownership as recorded in the office of the Lincoln County Clerk at the time of the passage of the ordinance codified in this chapter has an area or dimension which does not meet the lot size requirements of the zone in which the property is located, the holding(s) may be occupied by a use permitted in the zone subject to the other requirements of the zone, provided that if there is an area deficiency, residential use shall be limited to a single-family dwelling unit consistent with the density and meeting sanitary requirements of the zone.
(Ord. 73E § 4.020, 1992)
§ 9.52.160 General exceptions of yard requirements.
The following exceptions to the yard requirement for a lot in any zone:
A.
The required front or rear yard for a dwelling need not exceed the existing or probable average depth of the nearest front or rear yards of dwellings on all lots within 100 feet on both sides of the proposed dwelling.
B.
When an attached or detached garage is to be built on a lot having an average elevation at least 10 feet higher (or lower) than street level, the front of the garage may be located five feet from the front property line or at the point where ground elevation is five feet higher (or lower) than the street level, whichever is greater. The garage and driveway shall be constructed in such a manner as to minimize traffic hazards resulting from backing onto an adjacent street.
(Ord. 73E § 4.030, 1992)
§ 9.52.170 General exceptions to building height limitations.
Projections such as chimneys, spires, domes, towers, aerials, flagpoles and other similar objects not used for human occupancy are allowed as long as the projection: (1) does not exceed nine square feet; (2) has a maximum width of eight feet as viewed from any direction; and (3) has a maximum height of seven and one-half feet above the peak of the roof. Elevator shaft housing may exceed the above dimensions but shall be no larger than the minimum required by building code.
Stand-alone projections such as antennas, cell towers, transmission towers, and similar structures shall have a maximum height of 30 feet.
Any requests for exceptions to the above standards shall be in accordance with Chapter 9.80 Variances.
(Ord. 73E § 4.040, 1992; Ord. 349 § 2, 2017)
§ 9.52.171 Determining height of a building.
B.
Calculating the maximum vertical height of a building shall be accomplished as follows:
1.
Establish Finished Grades. See Example 1.
Example 1: Establish Finished Grades  |
a.
Establish the finished grade immediately adjacent to the building or structure's primary walls at each corner.
b.
Where a retaining wall occurs on one or more sides, the finished grade at the high side of retaining wall shall be used for that side, and the finished grade at the low side of the retraining wall shall be used for the adjacent intersecting sides.
2.
Calculate Average Finished Grades.
a.
For each side of the building or structure, calculate the average finished grade. Utilize grades at each corner of each side of the building and divide by two. See Example 2a.
Example 2a: Average Side 1 = | A + B 2 | |
 | ||
b.
The average finished grade for the entire structure is the sum of all wall calculations divided by the number of walls. Add the average finished grades for all sides and divide by the number of sides. See Example 2b.
Example 2b: Average Finished Grade for Entire Structure |
Sum of the Average Grades for All Sides Number of Sides |
3.
Height of a building shall be the distance from the average finished grade for the entire structure to the highest point of the building or structure.
(Ord. 376, 11/20/2024)
§ 9.52.180 Removal and fill definitions and requirements.
A. "Cut" "Fill" "Natural grade"
Definitions.
means to remove material from one place on a site, and includes the conditions resulting therefrom.
is any act by which earth, sand, gravel, rock, or any other similar material is deposited, placed, pulled or transported on a site and includes the conditions resulting therefrom.
is the grade prior to grading or fill, and is defined as where the roots and stems meet to form the natural elevation of the lot or the grade that existed at the date of the adoption of this ordinance (February 13, 2008). Natural grade is the grade prior to cutting or filling.
B.
Standards for Removal and Fill Requirements. Cuts shall not exceed in steepness a 2:1 ratio unless approved by an Oregon-certified civil engineer to have a soil type having an appropriate nature, distribution and strength to maintain the proposed slope.
All fills shall not exceed in steepness a 2:1 ratio. The ground surface shall be prepared to receive fill by removing vegetation; scarified to provide a bond with new fill; and, where slopes are 12% or greater, there must be compliance with geotech report recommendations from an Oregon-registered professional geologist or geotechnical engineer. Detrimental amounts of organic material, as determined by an Oregon-certified engineering geologist, shall not be permitted in structural fills. Structural fill must be compacted to building code standards.
C.
Application. The placement, removal or alteration greater than 10 cubic yards on a site requires a removal and/or fill permit from the City of Yachats.
The application will include the following information:
Applicant: | Name | Address | Telephone # |
Property Owner: | Name | Address | Telephone # |
Project Location: | Address | Map and Tax Lot # | |
Volume of Fill: | # Cubic Yards - Total | ||
(or) | |||
Volume of Removal: | # Cubic Yards - Total | ||
Final Cut Ratio: (must not exceed 2:1) | |||
Type of Fill Material: | (no organic material) | ||
Attachment: | Site plot with five foot natural contours | ||
D.
Soil Erosion Measures Required During Construction. Unless otherwise approved, the following standards are adopted as a minimum requirement for the purposes of minimizing soil erosion. The final program for soil stabilization may vary as site conditions and development programs warrant. The following minimum standards are not intended to resolve all project soil erosion conditions. The applicant for a development permit (for excavation and erosion control) is ultimately responsible for containing all soil on the project site. The minimum standards of the City are:
1.
The plans and specifications will demonstrate the minimizing of stripping vegetation on the project site as approved by City Planner;
2.
If top soil is to remain stockpiled during a rainy season, seeding or other stabilization measures are required;
3.
All areas which, by necessity, will be left bare after September 30th shall be seeded to a cover crop (i.e., cereal rye, annual rye grass, perennial rye grass). Mulching and mulching with landscaping is an acceptable alternative to seeding. Areas in excess of 10% slope shall be mulched and seeded. If, by October 15th, seeding has not established itself to the point of being an effective erosion control device, best current erosion control management practices approved by the City Planner may be required. Regular inspection and removal of sediment shall be required to maintain the effectiveness of the erosion control device;
4.
Unless an alternative method is approved by the City Planner, stripped slopes in excess of 100 feet left bare during winter months shall be stabilized using best current management practices for erosion control purposes (from the latest edition of the book Best Development Practices, by Reid Ewing, published by the American Planning Association);
5.
Means, approved by the City Planner, shall be devised to prevent sediment-laden water from entering any storm sewer facilities. Use of best current management practices (as defined in this subsection D) to filter sediment from water entering storm sewer systems, as required by the Public Works Director;
6.
In areas of concentrated flow, temporary diversion berms, chutes or downpipes and down drains sized for a two year storm may be required for projects left incomplete during the winter months. Temporary check dams may be required for channels carrying sufficient amounts of water to cause channel scouring and erosion;
7.
If special measures are recommended in the geotech report, a performance bond shall be required sufficient to cover the total cost of the recommendations. A standard performance bond shall be required for minimum requirements and shall not be released until conditions are met to the City Planner's satisfaction;
8.
Vegetation shall be established as soon as possible after completion of final grading to minimize erosion. If vegetation is not established to the satisfaction of the City Planner, the City may complete the work and require payment by applicant or through the performance bond; and
9.
Any sloped area to be seeded that exceeds 25% grade shall be stabilized with the use of netting or other material approved by the City Planner.
E.
Performance. The City shall require performance bonds or other guarantees satisfactory to the City Planner in such form and amounts as deemed necessary to assure that the work, if not done in accordance with permits, plans or ordinance specifications, shall be completed to correct or eliminate any hazardous conditions.
F.
Surface Drainage and Storm Sewer Systems.
1.
The applicant shall conform to any City codes, ordinances or other regulations that prescribe the flow of drainage water over private property including the Yachats Storm Drainage Plan.
2.
All stormwater and/or surface drainage from the site shall be conveyed to a point of disposal approved by the Director of Public Works.
3.
The applicant is responsible for extension of the storm drainage system.
4.
Storm drainage facilities shall be designed and constructed in conformance with all City of Yachats Public Works Standards for surface drainage and storm sewer systems.
(Ord. 215, 2003; Manual, amended 2008, date of adoption added to text; Ord. 276, 2008)
§ 9.52.190 Standards for hotels, motels, inns and resorts.
A.
Standards for motels, hotels, inns, or resorts:
1.
Ingress or egress to a motel, hotel, inn, or resort shall not be allowed from less than a 35-foot public street right-of-way and a 25-foot all weather travel surface, accessible to emergency vehicles;
2.
Motels, hotels, inns, and resorts shall not have vehicle access to or from a cul-de-sac or dead end street;
3.
Parking areas associated with motels, hotels, inns, and resorts which are adjacent to or within residential zones or adjacent to residential uses shall be designed to minimize disturbance of residents by the erection between the uses of a sight-obscuring fence of not less than five feet in height, except where vision clearance is required;
4.
Motels, hotels, inns, and resorts shall be designed to provide safe and direct access by emergency vehicles, as determined by the Yachats Rural Fire Protection District;
5.
Except for security lighting for pathways, parking areas, and building doors, outdoor lighting fixtures for motels, hotels, inns, and resorts shall be extinguished every day between the hours of 11:00 p.m. to 5:00 a.m.
(Ord. 376, 11/20/2024)