The ordinance codified in this title is known and may be cited
as the "Community Development Ordinance of Cannon Beach, Oregon."
(Ord. 24-05, 6/5/2024)
The purpose of this title is to encourage appropriate and orderly
physical development in the city through standards for provision of
adequate open space for light and air, desired levels of population
density, workable relationships of land uses to the transportation
system, adequate community facilities, assurance of opportunities
for effective utilization of land, and to promote in other ways public
health, safety, convenience, and general welfare.
(Ord. 24-05, 6/5/2024)
Where the conditions imposed by any provisions of this title
are less restrictive than comparable conditions imposed by any other
provisions of this title, resolution or comprehensive plan, the provisions
which are more restrictive shall govern.
(Ord. 24-05, 6/5/2024)
The provisions of this title are severable. If any section,
sentence, clause, or phrase of this title is adjudged by a court of
competent jurisdiction to be invalid, the decision shall not affect
the validity of the remaining portions of this title.
(Ord. 24-05, 6/5/2024)
The following words and phrases shall be interpreted so as to
give them the meaning they have in common usage and to give this chapter
its most reasonable application.
means the way or means by which pedestrians and vehicles
enter and leave the property.
means a public or private way, no more than 20 feet in width,
which is used primarily for vehicular service access to the rear or
side of properties otherwise abutting on a street.
means a change in construction or a change of occupancy.
Where the term “alteration” is applied to a change of
construction, it is intended to apply to any change, addition, or
modification in construction. When the term is used in connection
with a change of occupancy, it is intended to apply to changes of
occupancy from one trade or use to another or from one division of
trade or use to another.
means a change or repair which would tend to prolong the
life of the supporting members of a building or structure, such as
alteration of bearing walls, foundation, columns, beams, or girders.
In addition, any change to the external dimensions of the building
shall be considered a structural extension.
means dredging, filling, or another estuarine alteration
occurring over a specified short period of time which is needed to
facilitate a use allowed by an acknowledged plan. Temporary alterations
may not be for more than three years, and the affected area must be
restored to its previous condition. Temporary alterations include:
means any mechanical, electronic, mechanical-electronic or
non-mechanical mechanism which is designed for the amusement of players
or operators and is complete in itself having as its purpose the production
or creation of a game of skill, amusement, entertainment or test of
strength, including, but not limited to, video games of any types,
shuffleboard, coin-operated devices utilizing tables, boards or cases
of any size whatever, balls, sticks, cues, pegs or marbles, and whether
or not any motivating force involved is furnished by the player or
device.
means that portion of a building which is partially or completely
below grade, but not including a crawl space.
means gently sloping areas of loose material (e.g., sand,
gravel, cobbles) that extend landward from the low water line (extreme
low tide) to a point where there is a definite change in the material
type or landform or to the line of year-round established vegetation.
In most cases, the line of vegetation is followed by the Oregon Beach
Coordinate or zone line, as defined by ORS 390.770. Where the vegetation
line is eastward or landward of the coordinate line, the eastward
line of the beach shall be the actual line of vegetation.
means the portion of a bridge spanning a waterway or wetlands,
not including supporting structures or fill.
means piers, pilings, and similar structures necessary to
support a bridge span but not including fill for causeways or approaches.
means a structure built for the support, shelter or enclosure
of persons, animals, or property of any kind.
means the portion of the lot area that is covered by buildings.
The area of the buildings shall be measured at their exterior perimeter.
Buildings include dwellings, accessory structures, garages, and carports.
means a delineated portion of a lot or parcel within which
the entire building(s) and associated improvements must be constructed.
means the vertical distance measured from the average elevation
of existing grade to the highest point of the roof surface of a flat
roof, to the top of a mansard roof, or to the mean height level between
the eaves and the ridge for a pitched roof. Average elevation of existing
grade shall be measured at the vertical projection of the enclosed
building space.
means a horizontal line that coincides with the front side
of the main building.
means cubic volume of building.
means a vertical wall of steel, timber, or concrete piling.
means the city council of the city of Cannon Beach.
means the city of Cannon Beach, a municipal corporation of
the state of Oregon, situated in Clatsop County.
means any activity that removes vegetative cover.
means the creation, restoration, or enhancement of a wetland
area to maintain the functional characteristics and processes of the
wetland system, such as its natural biological productivity, habitats,
aesthetic qualities, species diversity, open space, unique features
and water quality.
means a calendar day, unless otherwise specified.
means an interdune area which is wind scoured to the height
of the summer water table.
means the number of dwelling units per unit of land expressed
as the number of square feet of land per dwelling unit. The net density
for any lot is computed by dividing the net square footage of the
parcel by the number of dwelling units. The net square footage is
determined by subtracting from the total square footage of the parcel
that which is deemed necessary for street dedication and that area
used for private streets and common driveways, if any.
is a structure designed and built to prevent inundation of
a parcel of land by water.
means a pier or secured float or floats for boat tie-up or
other water use, often associated with a specific land use on the
adjacent shoreland.
means the removal of sediment or other material from a stream,
river, estuary, or other aquatic area for the purpose of deepening
a navigational channel or other purposes.
means a hill or ridge of sand built up by wind along sandy
coasts.
means a dune that migrates, grows, and diminishes from the
force of wind and supply of sand. Active dunes include all open sand
dunes, active hummocks and active foredunes.
means a dune presently in a stable condition, but vulnerable
to becoming active due to fragile vegetative cover.
means grading that is undertaken on an active dune to protect
existing improvements from the effects of wind-borne sand. The grading
is intended to remedy the effect of sand inundation that has already
occurred.
means a dune that is stable from wind erosion and that has
significant soil development and that may include diverse forest cover.
May include older foredunes.
means a collective term for active, unvegetated dune landforms.
means a dune with sufficient vegetation to be stabilized
from wind erosion, but with little, if any, development of soil or
cohesion of sand under the vegetation. Recently stabilized dunes include
conditionally stable foredunes, conditionally stable dunes, dune complexes,
and younger stabilized dunes.
means a wind stable dune with weakly developed soils and
vegetation.
means a room or group of rooms including living, cooking,
and sanitation facilities designed for occupancy by one or more persons
living as a household unit with a common interior access to all living,
kitchen, and bathroom areas. No dwelling unit shall have more than
one kitchen.
means recorded authorization by a property owner for the
use by another and for a specified purpose of any designated part
of his or her property.
means an action which results in a long-term improvement
of existing estuarine functional characteristics and processes that
is not the result of a restoration action or the creation of additional
estuarine habitat.
means the placement by man of sediments or other material
in an aquatic area to create new shorelands or on shorelands to raise
the elevation of the land.
means the removal of earth material.
means an individual or two or more persons living together
as one housekeeping unit and using one kitchen.
means a protective or confining barrier constructed of wood,
masonry, or wire mesh. Fence does not include hedges or other plantings.
means the deposit of earth material placed by artificial
means.
The following words and phrases shall be interpreted to give
them the meanings they have in common usage and to give this title
its most reasonable application. For the administration of the flood
hazard overlay zone the following definitions shall be utilized:
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"Appeal" means a request for a review of the interpretation
of any provision of this chapter or a request for a variance.
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"Area of shallow flooding" means a designated AO
or AH zone on the Flood Insurance Rate Map (FIRM). The base flood
depth range is from one to three feet; a clearly defined channel does
not exist; the path of flooding is unpredictable and indeterminate;
and velocity flow may be evident.
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"Area of special flood hazard" means the land in
the flood plain subject to a one percent or greater chance of flooding
in any given year. Designation on maps always includes the letter
A or V.
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"Base flood" means the flood having a one percent
chance of being equaled or exceeded in any given year. Also referred
to as the "100-year flood." Designation on maps always includes the
letters A or V.
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"Basement" means any area of the building having
its floor subgrade (below ground level) on all sides.
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"Below grade crawl space" means an enclosed area
below the base flood elevation in which the interior grade is not
more than two feet below the lowest adjacent exterior grade and the
height, measured from the interior grade of the crawlspace to the
top of the crawlspace foundation, does not exceed four feet at any
point.
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"Breakaway walls" means a wall that is not a part
of the structural support of the building and is intended through
its design and construction to collapse under specific lateral loading
forces, without causing damage to the elevated portion of the building
or supporting foundation system.
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"Coastal high-hazard area" means an area of special
flood hazard extending from offshore to the inland limit of a primary
frontal dune along an open coast and any other area subject to high
velocity wave action from storms or seismic sources. The area is designated
on the FIRM as Zone V1-V30, VE or V.
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"Critical facility" means a facility for which even
a slight chance of flooding might be too great. Critical facilities
include, but are not limited to, schools, nursing homes, hospitals,
police, fire and emergency response installations, installations which
produce, use, or store hazardous materials or hazardous waste.
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"Development" means any man-made change to improved
or unimproved real estate including, but not limited to, buildings
or other structures, mining, dredging, filling, grading, paving, excavation,
or drilling operations or storage of equipment or materials located
within the area of special flood hazard.
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"Elevated building" means for insurance purposes,
a nonbasement building which has its lowest elevated floor raised
above ground level by foundation walls, shear walls, post, piers,
pilings, or columns.
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"Existing manufactured home park or subdivision"
means one in which the construction of facilities for servicing the
lots on which the manufactured homes are to be affixed is completed
before the effective date of Cannon Beach's floodplain management
regulations (1978). The "construction of facilities" includes, at
a minimum, the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads.
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"Expansion of an existing manufactured home park
or subdivision" means the preparation of additional sites by the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
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"Flood" or "flooding" means a general and temporary
condition of partial or complete inundation of normally dry land areas
from:
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1.
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The overflow of inland or tidal waters; and/or
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2.
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The unusual and rapid accumulation of runoff of surface waters
from any source.
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"Flood Insurance Rate Map (FIRM)" means the official
map on which the Federal Insurance Administrator has delineated both
the areas of special flood hazards and the risk premium zones applicable
to the community.
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"Flood insurance study" means the official report
provided by the Federal Insurance Administration that includes flood
profiles, the flood boundary-floodway map and the water surface elevation
of the base flood.
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"Floodway" means the channel of a river or other
watercourse and the adjacent land areas that must be reserved in order
to discharge the base flood without cumulatively increasing the water
surface elevation more than one foot.
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"Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of Chapter 17.98.
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"Manufactured home" means a structure, transportable
in one or more sections, which is built on a permanent chassis and
is designed for use with or without a permanent foundation when attached
to the required utilities. The term "manufactured home" does not include
a "recreational vehicle."
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"Manufactured home park or subdivision" means a
parcel (or contiguous parcels) of land divided into two or more manufactured
home lots for rent or sale.
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"Mean sea level (MSL)" means the average height
of the sea for all stages of the tide.
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"New construction" means the structures for which
the "start of construction" commenced on or after the effective date
of the ordinance codified in this section.
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"New manufactured home park or subdivision" means
a manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of adopted floodplain management regulations.
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"Recreation vehicle, highway ready" means a recreation
vehicle that is on wheels or a jacking system, is attached to the
site only by quick-disconnect-type utilities and security devices
and has no permanently attached additions.
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"Recreational vehicle" means a vehicle which is:
(1) built on a single chassis; (2) 400 square feet or less when measured
at the largest horizontal projection; (3) designed to be self-propelled
or permanently towable by a light duty truck; and (4) designed primarily
not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
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"Reinforced pier" must, at a minimum, have a footing
adequate to support the weight of the manufactured home under saturated
soil conditions. Concrete blocks may be used if vertical steel reinforcing
rods are replaced in the hollows of the blocks and the hollows filled
with concrete or high-strength mortar. Dry stacked concrete blocks
do not constitute reinforced piers.
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"Special flood hazard area (SFHA)" means areas subject
to inundation from the waters of a 100-year flood.
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"Start of construction" includes substantial improvement,
and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, placement, rehabilitation,
addition, or other improvement was within 180 days of the permit date.
The actual start means either the first placement of permanent construction
of a structure on a site, such as the pouring of slab or footings,
the installation of piles, the construction of columns or any work
beyond the stage of excavation; or the placement of a manufactured
home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading, and filling; nor does it include
the installation of streets and/or walkways; nor does it include excavation
for basement, footings, piers or foundation or the erection of temporary
forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not the alteration affects the external dimensions of a building.
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"Structure" means a walled and roofed building,
a modular or temporary building, or a gas or liquid storage tank that
is principally above ground.
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"Substantial damage" means damage of any origin
sustained by a structure whereby the cost of restoring the structure
to its before-damaged condition would equal or exceed 50 percent of
its market value before the damage occurred.
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"Substantial improvement" means any reconstruction,
rehabilitation, addition, or improvement of a structure, the cost
of which equals or exceeds 50 percent of the market value of the structure
either:
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1.
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Before the improvement or repair is started; or
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2.
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If the structure has been damaged and is being restored, before
the damage occurred.
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For the purposes of this definition, "substantial
improvement" is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the structure. The term does not, however, include either:
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a.
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Any project for improvements of a structure to correct existing
violations of state or local health, sanitary or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions,
or
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b.
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Any alteration of a structure listed on the National Register
of Historic Places or a state inventory of historic places provided
that the alteration will not preclude the structure's continued
designation as a "historic structure."
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"Variance" means a grant of relief from the requirements
of this chapter which permits construction in a manner that would
otherwise be prohibited by this chapter.
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"Water dependent" means a structure for commerce
or industry which cannot exist in any other location and is dependent
on the water by reason of the intrinsic nature of its operations.
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means the gross floor area divided by the lot area and is
usually expressed as a decimal fraction.
means an unstable barrier ridge of sand paralleling the beach
and subject to wind erosion, water erosion and growth from new sand
deposits. Active foredunes may include areas with beach grass and
occur in sandspits and at river mouths as well as elsewhere.
means the alteration of the crest of an active foredune or
a conditionally stable foredune where the alteration is not undertaken
as part of a foredune grading plan, or as maintenance foredune grading.
means an active foredune that has ceased growing in height
and that has become conditionally stable with regard to wind erosion.
means the alteration of active dunes in a manner that changes
their shape or height. Foredune grading is intended to be preventive
and is undertaken primarily for preservation of the dune system.
means the limited alteration of active dunes that have previously
been altered pursuant to an approved foredune grading plan.
means a conditionally stable foredune that has become wind
stabilized by diverse vegetation and soil development.
means property abutting on a street.
means the average elevation of the existing ground elevation
before construction at the corner of all walls of a building. Where
a building has more than four corners, the average elevation shall
be measured from the four corners of a square or rectangle that encloses
the foundation of the proposed structure.
means excavation or fill, or any combination thereof, including
the conditions resulting from any excavation or fill.
means the use of land for pasture of horses, cattle, sheep,
goats, and/or other domestic herbivorous animals, alone or in conjunction
with agricultural pursuits.
means the sum, in square feet, of the gross horizontal areas
of all floors of a building, as measured from the exterior walls of
a building, including supporting columns and unsupported wall projections
(except eaves, uncovered balconies, fireplaces and similar architectural
features), or if appropriate, from the center line of a dividing wall
between buildings. Gross floor area shall include:
Garages and carports.
Entirely closed porches.
Basement or attic areas determined to be habitable by the city's
building official, based on the definitions in the building code.
Unhabitable basements areas where the finished floor level of
the first floor above the basement is more than three feet above the
average existing grade around the perimeter of the building's
foundation.
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In addition, the calculation of gross floor area shall include
all portions of the floor area of a story where the distance between
the finished floor and the average of the top of the framed walls
that support the roof system measures more than 15 feet shall be counted
as 200 percent of that floor area.
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means any combination of nonannual plantings intended to
form an obstruction to ingress and egress, and vision, such planting
providing no physical or visual space between individual plantings
and where branches or foliage of one planting physically contact adjacent
plantings.
means the cultivation of plants, garden crops, tree and/or
nursery stock.
means the area from the toe of the slope of the lee side
of a foredune to the foreslope of the next dune landward. Interdune
areas include deflation plains.
means a room, or portion of a room which is designed, intended,
or used for food preparation or cooking.
means an amendment to this title or the comprehensive plan
or a land use decision that applies to a large number of individuals
or properties.
means a plot, parcel, or tract of land.
means a lot abutting on two streets, other than an alley,
at their intersections.
means a lot that abuts only one street, other than an alley.
means a lot abutting two or more streets, other than an alley,
that is not a corner lot.
means a lot which abuts the Oregon Coordinate Line or a lot
where there is no buildable lot between it and the Oregon Coordinate
Line.
means the total area of a lot measured in a horizontal plane
within the lot boundary lines exclusive of public and private roads,
except that the measurement of lot area shall not include portions
of a lot located west of the Oregon Coordinate Line.
means the portion of the lot area that is covered with the
following improvements:
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1.
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The area within the exterior perimeter of all buildings, including
dwellings, accessory buildings, garages, and carports; and
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2.
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The area of all structures that are 30 inches in height above
the existing grade, including porches, decks, stairways; and
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3.
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Paved or graveled areas designated for off-street parking; and
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4.
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That portion of the area of decks, less than 30 inches in height
above the existing grade, patios, courtyards, and graveled and paved
areas, other than designated off-street parking, which exceeds 25
percent of the allowable lot coverage; and
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5.
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Fifty percent of areas covered with a defined pattern of void
spaces to accommodate soil, live vegetation, and drainage between
the structural elements, such as Grasscrete or similar treatments.
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Lot coverage is expressed as the percentage of the lot area
that is covered by the site improvements listed above.
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The following improvements shall not be included in the calculation
of lot coverage:
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1.
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Projections from buildings such as eaves, overhangs and bay windows which meet the requirements of Section 17.60.080, Projections into required yards;
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2.
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Arbors not exceeding 120 square feet in area; and
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3.
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Decks, less than 30 inches in height above the existing grade,
patios, courtyards and graveled and paved areas, other than designated
off street parking, whose total area does not exceed 25 percent of
the allowable lot coverage.
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Example: The lot size is 5,000 square feet. The allowable lot
coverage is 50 percent, or 2,500 square feet. The proposed site improvements
are: a house with an area within its exterior perimeter of 1,500 square
feet; a graveled parking area of 400 square feet; and decks, less
than 30 inches above grade with an area of 1,000 square feet. The
deck area that is included as part of the lot coverage is determined
as follows: total deck area less that portion which does not exceed
25 percent of the allowable lot coverage of 2,500 square feet or,
1,000 625 (.25 x 2,500) = 375 square feet. The lot coverage of the
proposed development is site improvements (1,500 + 400 + 375) divided
by lot area (5,000) or 45.5 percent.
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means the average horizontal distance between the front lot
line and the rear lot line, where the average horizontal distance
is established by utilizing ten-foot increments.
means the property line abounding a lot.
means the relocation of a common property line between two
abutting properties.
means in the case of an interior lot, the lot line separating
the lot from the street, other than an alley. In the case of a corner
lot or through lot, the front lot line is the shortest line along
a street, other than an alley. Where a lot does not abut a street,
the lot line first crossed when gaining vehicular access to the lot
from a street is the front lot line.
means a lot line opposite and most distant from the front
lot line; and for an irregular or triangular shaped lot, a straight
line 10 feet in length, within the lot, that is parallel to and at
the maximum distance from the front lot line.
means, for interior lots, a line separating one lot from
the abutting lot or lots fronting on the same street; for corner lots
or through lots, a line other than the front lot line separating the
lot from the street or a line separating the lot from an abutting
lot.
means the average horizontal distance between the side lot
lines, as measured parallel to the front lot line, where the average
horizontal distance is established by utilizing 10-foot increments.
means a diagram, drawing or other writing concerning a subdivision
or partition.
means the creation, restoration, or enhancement of an estuarine
area to maintain the functional characteristics and processes of the
estuary, such as its natural biological productivity, habitats and
species diversity, unique features, and water quality. (ORS 541.626).
means the process of controlling erosion or accretion by
planting or propagating stabilizing vegetation and/or the temporary
placement of sand fences.
means the flooding of lowland areas by salt water owing to
tidal action, storm surge or tsunamis (seismic sea waves). Landforms
subject to ocean flooding include beaches, marshes, coastal lowlands
and low lying interdune areas. Areas of ocean flooding are mapped
by the Federal Emergency Management Agency (FEMA). Ocean flooding
includes areas of velocity flooding and associated shallow marine
flooding.
means Oregon Revised Statutes (state law).
means any individual, firm, association, syndicate, copartnership,
corporation, trust, or any other legal entity having sufficient proprietary
interest in a property.
means a single unit of land that is created by a partitioning
of land.
means either an act of partitioning land or an area or tract
of land partitioned as defined in this section.
means to divide land into two or three parcels of land within
a calendar year when such an area or tract exists as a unit or contiguous
units of land under single ownership at the beginning of the year,
but does not include:
A division of land resulting from a lien foreclosure, foreclosure
of a recorded contract for the sale of real property of the creation
of cemetery lots;
An adjustment of a property line by the relocation of a common
boundary where an additional unit of land is not created and where
the existing unit of land reduced in size by the adjustment complies
with any applicable zoning ordinance requirements;
The division of land resulting from the recording of a subdivision
or condominium plat; or
A sale or grant by a person to a public agency or public body
for state highway, county road, city street or other right-of-way
purposes; provided, that such road or right-of-way complies with the
applicable comprehensive plan requirements and ORS 215.213(2)(p) to
(r) and 215.283(2)(p) to (r). However, any property divided by the
sale or grant of property for state highway, county road, city street
or other right-of-way purposes shall continue to be considered a single
unit of land until such time as the property is further subdivided
or partitioned.
means a final map and other writing containing all the descriptions,
locations, specifications, provisions, and information concerning
a partition.
means discretionary approval of a proposed development of
land under ORS 227.215.
means any individual, firm, partnership, association, cooperative,
social, or fraternal organization, corporation, limited liability
company, estate, trustee, receiver, syndicate, governmental unit or
any other group or combination acting as a unit.
means the driving of wood, concrete, or steel piling into
the bottom in aquatic areas to support piers or docks, structures,
moored floating structures, or other purposes.
means the planning commission of the city of Cannon Beach.
means a final subdivision plat, replat or partition plat.
means either:
Containers no larger in dimension than eight feet by eight feet
six inches by 20 feet and transported to a designated location for
storage purposes (typically known as PODS, MODS, ect.).
Non self-propelled, fully enclosed trailers that are designed
or used to transport goods, materials and equipment (semi-trailers).
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"Portable storage container" does not include containers designed
or used for the collection and hauling of waste or debris, including,
but not limited to, roll-off containers or boxes and bin containers
(dumpsters)
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means the division line between two units of land.
means areas in the wetlands overlay zone that have been identified
on the city's inventory or on a subsequent detailed delineation
as critical wetlands.
means a substantial public benefit which accrues to the community
as a whole.
means any land use action which involves the application
of adopted comprehensive plan policies of this title to a specific
land use application effecting identified parcels of land or property
owners.
means the clearing, grading, excavation, or filling of land. (from Section 17.112.020)
means a facility or site that accepts and reloads only yard
debris for transport to another location.
means the act of platting the lots, parcels and easements
in a recorded subdivision or partition plat to achieve a reconfiguration
of the existing subdivision or partition plat or to increase or decrease
the number of lots in the subdivision.
means a use or activity which is consistent with the resource
capabilities of the area when either the impacts of the use on estuarine
species, habitats, biological productivity and water quality are not
significant or that the resources of the area are able to assimilate
the use and activity and their effects and continue to function in
a manner which conserves long term renewable resources, natural biological
productivity, recreation and aesthetic values.
means revitalizing, returning, or replacing original attributes
and amenities, such as natural biological productivity, aesthetic,
and cultural resources, which have been diminished or lost by past
alterations, activities, or catastrophic events.
means and involves the use of specific positive remedial
actions, such as removing fills, installing water treatment facilities,
or rebuilding deteriorated urban waterfront areas.
means to revitalize or reestablish functional characteristics
and processes of the estuary diminished or lost by past alterations,
activities, or catastrophic events. A restored area must be a shallow
subtidal or an intertidal or tidal marsh area after alteration work
is performed and may not have been a functioning part of the estuarine
system when alteration work began.
is the use of natural processes, sequences and timing which
occurs after the removal or reduction of adverse stresses without
other specific positive remedial action.
means of, or pertaining to, or situated on the edge of the
bank of a river or other body of water.
means grasses, shrubs and trees growing along the shoreline
adjacent to an aquatic area or a wetland.
is a layer, facing or protective mound of stones placed to
prevent erosion, scour or sloughing of a structure or embankment;
also, the stone so used.
means every disposition or transfer of land in a subdivision
or partition or an interest or estate therein.
means the relationship in size between one building and another.
means the depositing of solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, or gravity. (from Section 17.112.040).
means the protection of the banks of tidal or inter-tidal
streams, rivers, estuarine waters, and the oceanfront by vegetative
or structural means.
The following definitions pertain to signs:
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"Abandoned sign" means a sign pertaining to a use
or lot where the message of the sign no longer pertains to a use or
activity occurring on the lot.
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"Awning sign" means a sign that is placed on a temporary
or movable shelter supported entirely from the exterior wall of a
building.
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"Bench sign" means a sign painted on or attached
to a bench.
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"Building frontage" means an exterior building wall
facing a street, parking lot, or pedestrian walkway.
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"Business frontage" means the lineal frontage of
a building or portion thereof devoted to a specific business and having
an entrance open to the general public.
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"Corner sign" means a sign that is placed on a lot
so as to be visible from two public streets.
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"Freestanding sign" means a sign on a frame, pole
or other support structure, which is not attached to any building
or permanent structure.
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"Incidental sign" means a sign, other than a temporary
or lawn sign, which does not require a permit.
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"Lawn sign" means a temporary freestanding sign
made of rigid materials.
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"Permanent sign" means a sign attached to a building,
structure or the ground in some manner, having a sign face area of
four square feet or more and made of materials intended for more than
short-term use.
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"Projecting sign" means a sign attached to and projecting
out from a building face or wall and generally at right angles to
the building.
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"Readerboard sign" means a sign which can accommodate
changeable copy.
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"Sandwich board sign" means a sign not supported
by a structure in the ground, nor attached to or erected against a
structure, and capable of being moved.
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"Sign" means any identification, description, illustration,
symbol, or device which is affixed upon a building, structure or land
and whose primary purpose is to convey a message.
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"Site frontage" means the length of the property
line parallel to and along each public right-of-way.
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"Temporary sign" means a sign, such as a banner,
not permanently attached to a building, structure or the ground and
posted for no longer than 72 hours, without a special events permit,
or authorized under an approved sign permit.
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"Undeveloped site" means a lot with no permanent
structure which contains a use permitted by the zone in which it is
located.
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"Wall graphic" means a painting or other graphic
art technique which is applied directly to the wall or face of a building
or structure.
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"Wall sign" means a sign attached to or erected
against the wall of a building with the sign face in a parallel plane
of the building wall.
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"Window sign" means a sign permanently painted on,
etched on or affixed to the window pane of a building.
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means the exposure of a building to the sun which enables
such a building to obtain south-facing surface area exposure, in excess
of 50 percent on the date of the winter solstice, adequate for solar
space heating or water heating purposes.
means plants that are able to withstand accretion of sand
typically occurring in an active or conditionally stable dune area.
Examples are: European beachgrass (Ammophila arenaria), American dunegrass/Sea
lyme grass (elymus mollis), American beachgrass (Ammophila breviligulata),
and Coast willow (Salix hookeriana).
means a body of running water flowing perennially or intermittently
in a channel on or below the surface of the ground. Streams do not
include ditches of storm drainage channels that are located in a street
right-of-way.
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"Cul-de-sac" means a street having one end open
to traffic and being terminated by a vehicle turn-around.
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"Dead-end street" means a street with only one outlet.
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"Right-of-way" means the area between boundary lines
of a street.
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"Roadway" means the portion of a street right-of-way
developed for vehicular traffic.
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"Street" means a public or private way that is created
to provide ingress or egress for persons to one or more lots, parcels,
areas, or tracts of land. A street includes the entire width between
the right-of-way lines of every way for vehicular and pedestrian traffic
and includes the terms "road," "highway," "lane," "place," "avenue,"
"alley" and other similar designations.
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"Street width" means the shortest distance between
the lines delineating the right-of-way of the street.
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means any man-made assemblage of materials extending above
the surface of the ground and permanently affixed or attached, or
where not permanently affixed or attached to the ground not readily
portable, but not including landscape improvements such as rock walls,
retaining walls less than four feet in height, flag poles, and other
minor incidential improvements similar to those described above.
means to divide land into four or more lots within a calendar
year when such area or tract of land exists as a unit or contiguous
units of land under a single ownership at the beginning of such year.
means an individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another.
means either an act of subdividing land or an area or a tract
of land subdivided as defined in this section.
means a final map or other writing containing all the descriptions,
locations, specifications, dedications, provisions, and information
concerning a subdivision.
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"Dead tree" means that the tree is lifeless.
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"Diameter at breast height," abbreviated "DBH,"
is the measure of the diameter of a tree measured four and one-half
feet above the ground level.
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"Immediate danger of collapse" means that the tree
is already leaning, with the surrounding soil heaving, and there is
a significant likelihood that the tree will topple or otherwise fail
and cause damage before a tree removal permit can be obtained. "Immediate
danger of collapse" does not include hazardous conditions that can
be alleviated by pruning or treatment.
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"Solar energy system" means either: (1) a device
employed in the collection of solar radiation for the purpose of heating
or cooling a building, the heating of water, or the generation of
electricity; or (2) the south facing windows of a dwelling where such
windows constitute 50 percent or more of the building's total
window area; or (3) the roof of a dwelling which has been designed
for the collection of solar energy for space heating purposes.
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"Tree" is defined as any woody plant having at least
one well-defined stem at least six inches in diameter measured at
a height of four and one-half feet above the natural grade. All tree
measures specified in this chapter shall be measured at a height of
four and one-half feet above the natural grade. (from 17.70.012)
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"Tree" means any woody plant having at least one
well-defined stem at least six inches in diameter measured at a height
of four and one-half feet above the natural grade.
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"Tree protection zone (TPZ)" is defined as a circle
whose center is the center of the subject tree, and whose radius is
two feet for each inch of trunk diameter measured at four and one-half
feet above grade (example: the TPZ for an eight-inch caliper tree
DBH would be 16 feet).
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"Tree removal" means the cutting down of a live
tree or an act which causes a tree to die within a period of two years,
including, but not limited to, damage inflicted upon the root system
by machinery, storage of materials, and soil compaction; changing
the natural grade above the root system or around the trunk; damage
inflicted on the tree permitting infection or pest infestation; excessive
pruning; paving with concrete, asphalt or other impervious material
within such proximity as to be harmful to the tree.
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"Tree topping" is defined as the severe cutting
back of limbs to stubs within the tree's crown to such a degree
so as to remove the normal canopy and disfigure the tree.
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"Undeveloped site" means a lot with no permanent
structure such as a dwelling or commercial building.
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means the purpose for which land or a structure is designed,
arranged or intended, or for which it is occupied or maintained.
means a single, one direction vehicle movement to a particular
destination.
means those areas that are inundated or saturated by surface
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions.
means a nonwetland area in the wetlands overlay zone surrounding
the protected wetlands.
means a site-specific determination of the boundary between
uplands and wetlands for a given parcel of land based on field indicators
of vegetation, soils, and hydrology. The delineation is to be undertaken
in accordance with a method acceptable to the US Army Corps of Engineers
and the Oregon Division of State Lands.
means an open space on a lot which is unobstructed from the
ground upward except as otherwise provided in this title.
means a yard between side lot lines and measured horizontally
at right angles to the front lot line to the nearest point of the
building. For all lots abutting the ocean shore, the required yard
shall be measured from the most easterly of either the lot line, or
the vegetation line as established and described according to the
Oregon Coordinate System.
means a yard measured horizontally at right angles from the
most easterly of Oregon Coordinate Line or the western property line,
to the nearest point of a building. An ocean yard may be a front yard,
a rear yard, or a side yard.
means a yard between side lot lines and measured horizontally
at right angles to the rear lot line from the rear lot line to the
nearest point of a building. For all lots abutting the ocean shore,
the required yard shall be measured from the most easterly of either
the lot line or the vegetation line as established and described according
to the Oregon Coordinate System.
means a yard between the front and rear yard measured horizontally
and at right angles from the side lot line to the nearest point of
the building. For all lots abutting the ocean shore, the required
yard shall be measured from the most easterly of either the lot line,
or the vegetation line as established and described according to the
Oregon Coordinate System.
means a yard adjacent to a street between the front yard
and the rear lot line measured horizontally and at right angles from
the side lot line to the nearest point of the building.
(Ord. 24-05, 6/5/2024)
means an attached or detached dwelling unit which is located
on the same lot on which a single-family dwelling, modular dwelling
or manufactured dwelling is located (the primary residence) and which
is rented only for periods of 30 days or more.
means a structure or use incidental and subordinate to the
main use of property and located on the same lot as the main use.
means a facility where care is provided to adults for part
of the 24 hours of the day in the home of the person providing the
care.
means any business location at which more than four amusement
devices are located.
means the raising, feeding, planting, and harvesting of fish
and shellfish, and associated facilities necessary for that use.
means a building designed for occupancy by elderly or disabled
persons living independently of each other and where the facility
provides certain defined services on a 24-hour basis. These services
can include: meals, housekeeping, scheduled activities, transportation,
personal care, and nursing care. A bedroom is the equivalent of a
unit for the purpose of calculating the number of assisted living
units.
is an owner occupied dwelling where no more than two rooms
are available for transient lodging.
means a building where lodging with or without meals is provided
for compensation for not less than three nor more than 15 persons
in addition to members of the family occupying such building.
means any commercial or noncommercial activity, service or
institution or governmental unit.
means an area of land developed without hook-up facilities
for recreational use in temporary occupancy by tents or recreational
vehicles.
means a residential development which has the following characteristics:
House sites or structures which are grouped closer together
than the standards of the zoning district;
The portion of the site not developed for housing is retained
as a tract of open space which is precluded from fixture development;
and
The total number of dwelling units provided does not exceed
the site's net acreage (gross site area minus the area of streets)
divided by the minimum lot size of the zoning district.
means a tract of land gardened by a group of individuals
for the purpose of cultivating plants, such as vegetables, flowers,
and herbs, for their personal use or donation.
means a multiple family dwelling, duplex, or single unit,
in which the dwelling units are individually owned, with each owner
having a recordable deed enabling the unit to be sold, mortgaged,
or exchanged independently, under the provisions of Oregon Revised
Statutes.
means a small business activity which may involve the provision
of services or manufacture and sale of products, is carried on by
a member of the family living on the premises with no more than one
other person employed by the family member and is not detrimental
to the overall character of the neighborhood.
means a facility other than the residence of the day care
provider, which receives three or more children for a part of the
24 hours of the day for the purpose of providing care and board apart
from the children's parents or guardians.
means a building or portion thereof, designed for occupancy
by three or more families living independently of each other.
means a building, or buildings, containing two dwelling units
with or without a common wall or ceiling and where there are no direct
interior connecting doorways.
means a dwelling that is the residence of the person that
is the owner of the lot on which the dwelling is located, as indicated
by the records of the county assessor. Residence is defined to mean
the place where a person resides a majority of the time during a year.
means an individually owned single-family attached dwelling,
such as a townhouse.
means a detached building, other than a manufactured home
or modular home, containing one dwelling unit and not including timeshare
ownership of that dwelling unit.
means active sports uses covered by a structure to provide
year-round activity, including swimming pools, tennis and handball
courts and racquetball courts, and no others.
means a day care facility where care is provided in the home
of the provider to fewer than 13 children including children of the
provider, regardless of full- or part-time status.
means a restaurant required by contractual or other arrangements
to offer standardized menus, ingredients, food preparation, interior
or exterior design, or uniforms.
means a residential type building that contains sleeping
rooms for unrelated individuals, but not including a residential facility
or residential home.
means a structure of no more than 450 square feet of site
area used in conjunction with the main building for temporary housing
of non-paying visitors and guests and containing no cooking facilities.
means a business which is carried out in a dwelling unit
as an accessory use to that dwelling unit.
means any lot or premises on which four or more dogs, more
than four months of age, are kept.
means an amendment to this title or the comprehensive plan
or a land use decision that applies to a large number of individuals
or properties.
means an establishment engaged in the on-site production,
processing, assembling, and packaging of finished products by manufacturing
methods, which involve only the use of hand tools or light mechanical
equipment and where all operations are conducted entirely within an
enclosed structure and whose operations impose a negligible impact
on the surrounding environment as measured in terms of noise, vibration,
smoke, dust, or pollutants.
means:
A residential trailer, a structure constructed for movement
on the public highways, that has sleeping, cooking, and plumbing facilities,
that is intended for human occupancy, is being used for residential
purposes and was constructed before January 1, 1962;
A mobile house, a structure constructed for movement on the
public highways, that has sleeping, cooking and plumbing facilities,
that is intended for human occupancy, is being used for residential
purposes and was constructed between January 1, 1962 and June 16,
1976, and met the construction requirements of Oregon mobile home
law in effect at the time of construction;
A manufactured home, a structure constructed for movement on
the public highways, that has sleeping, cooking and plumbing facilities,
that is intended for human occupancy, is being used for residential
purposes and was constructed in accordance with federal manufactured
housing construction and safety standards regulations in effect at
the time of construction.
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"Manufactured dwelling" does not mean any building or structure
subject to the Structural Specialty Code adopted pursuant to ORS 455.100-455.450.
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means any place where four or more manufactured dwellings
are located within 500 feet of one another on a lot, tract or parcel
of land under the same ownership, the primary purpose of which is
to rent space or keep space for rent to any person for a charge or
fee paid or to be paid for the rental or use of facilities or to offer
space free in connection with securing the trade or patronage of such
person. "Manufactured dwelling park" does not include a lot or lots
located within a subdivision being rented or leased for occupancy
by no more than one manufactured dwelling per lot if the subdivision
was approved by the city.
means a dwelling unit manufactured off-site, built to be
used for permanent residential occupancy, to be set on a permanent
foundation and conforming to the State of Oregon, 1990 Edition, One
and Two Family Dwelling Code.
means a structure or part of a structure, containing motel
rental units, occupied, or designed for occupancy by transients for
lodging or sleeping and including the terms "hotel" and "inn," but
shall not include the term "bed and breakfast establishment" or the
transient occupancy of a dwelling unit regulated by this chapter.
means one bathroom and not more than three bedrooms. A "bathroom"
is defined as consisting, at a minimum, of a toilet.
means premises where services such as clerical, professional,
or medical are provided.
means the sale or display for sale of merchandise or services
outside of an enclosed building space; including sales which are transacted
through an open window. The term "merchandise" does not include benches
and other types of seating which are provided for the convenience
of the general public.
means a vehicle built on a single chassis, mounted on wheels,
designed to provide seasonal or temporary living quarters which may
be connected to utilities for operation of installed fixtures and
appliances, and of such a construction as to permit setup by persons
without special skills using hand tools which may include lifting,
pulling and supporting devices and a gross trailer area not exceeding
400 square feet when in the setup mode. Such a vehicle shall be referred
to and identified by the manufacturer or converter as a recreational
vehicle.
means an area designed for the off-street parking of vehicles
where an hourly or daily fee is charged for the use of the parking
spaces and where those parking spaces are not provided to satisfy
off-street parking requirements of a permitted or conditional use.
A private parking lot does not include an area designed for the off-street
parking of vehicles where those parking spaces are made available
through monthly or yearly lease arrangements.
means a land use action which involves the application of
adopted comprehensive plan policies and the provisions of this title
to a specific land use application effecting identified parcels of
land or property owners.
means a vacation trailer or other unit with or without motive
power which is designed for human occupancy and to be used temporarily
for recreational or emergency purposes and has a gross floor space
of less than 400 square feet. "Recreational vehicle" includes camping
trailers, camping vehicles, motor homes, park trailers, bus conversions,
van conversion, tent trailers, travel trailers, truck campers, and
any vehicle converted for use as a recreational vehicle. The unit
shall be identified as a recreational vehicle by the manufacturer.
means an area licensed by the state for the parking of recreational
vehicles.
means a facility or site where separated recyclable materials
are collected for transport to another location. The term "recyclable
materials" does not include materials used to produce compost, such
as yard debris.
means a facility licensed by or under the authority of the
Department of Human Resources under ORS 443.400 to 443.460 which provides
residential care alone or in conjunction with training or treatment
or a combination thereof for six to 15 individuals who need not be
related. Staff persons required to meet Department of Human Resources
licensing requirements need not be counted in the number of facility
residents, and need not be related to each other or to any resident
of the residential facility.
means a home licensed by or under the authority of the Department
of Human Resources under ORS 443.400 to 443.825 which provides residential
care alone or in conjunction with training or treatment or a combination
thereof for five or fewer individuals who need not be related. Staff
persons required to meet Department of Human Resources licensing requirements
shall not be counted in the number of facility residents, and need
not be related to each other or to any resident of the residential
home.
means premises in which goods or commodities are sold, rented,
or leased directly to the final consumer.
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"Five-year unlimited permit" allows the property
owner to rent the property any and all days of the year. This permit
expires and cannot be renewed at the end of five years. The five-year
period begins on the date that the permit is issued.
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"Fourteen-day permit" allows the property owner
to rent the property to one tenancy group once in a 14-day period
of time.
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"Lifetime unlimited permit" allows the property
owner to rent the property any and all days of the year. Upon the
sale or transfer (see definition in this section), the lifetime unlimited
permit is void.
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"Persons," for the purposes of this chapter, means
the natural person or legal entity that owns and holds legal and/or
equitable title to the property. If the owner is a natural person,
or where the natural person has transferred his or her property to
a trust where the natural person is the trust or, that person can
have an ownership right, title, or interest in no more than one dwelling
unit that has a rental permit. If the owner is a business entity such
as a partnership, a corporation, a limited liability company, a limited
partnership, a limited liability partnership or similar entity, any
person who owns an interest in that business entity shall be considered
an owner and such a person can have an ownership right, title, or
interest in no more than one dwelling unit that has a rental permit.
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"Professional management," for purposes of this chapter, means management of a short-term rental unit by a licensed property management company holding a Cannon Beach business license, engaged primarily in the business of managing rental property, and with a physical office in Cannon Beach or within the distances specified in Section 17.84.070(A).
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"Sale or transfer," for purposes of this chapter,
means any change of ownership during the lifetime of the permit holder
or after the death of the permit holder whether there is consideration
or not except a change in ownership where title is held in survivorship
with a spouse, or transfers on the owner's death to a trust which
benefits only a spouse for the spouse's lifetime, or lifetime
transfers between spouses. A permit holder may transfer ownership
of the real property to a trustee, a limited liability company, a
corporation, a partnership, a limited partnership, a limited liability
partnership, or other similar entity and not be subject to permit
revocation pursuant to this section so long as the transfer or lives
and remains the only owner of the entity. Upon the transferor's
death or the sale or transfer of his or her interest in the entity
to another person, the short-term rental permit held, in all or part,
by the transferor shall be void.
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means a condominium in which units are individually owned
by a family or group of persons for a variable amount of time during
the year, and in which part or all of the units may be available to
transients for rent or on an exchange basis. For the purposes of this
title, timeshare condominium or unit shall be considered a motel.
means a person who travels from place to place, either carrying
his or her goods with him or her, selling and delivering at the same
time, or not carrying his goods but taking orders for future delivery.
Transient merchant includes those who occupy a temporary fixed location,
selling and delivering from stock on hand, doing business in much
the same manner as a permanent business, with the principal difference
being the temporary nature of the business location.
means the use of a dwelling unit by any person or group of
persons who occupies or is entitled to occupy a dwelling unit for
remuneration for a period of less than 14 days, counting portions
of days as full days. "Remuneration" means compensation, money, rent
or other bargained for consideration given in return for occupancy,
possession, or use of real property.
means the use of a dwelling unit by any person or group of
persons who occupies or is entitled to occupy a dwelling unit for
remuneration for a period of time between 14 and 30 days. "Remuneration"
means compensation, money, rent or other bargained for consideration
given in return for occupancy, possession, or use of real property.
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"Antenna" means a specific device used to receive
or capture incoming and/or to transmit outgoing radio frequency signals,
microwave signals and/or communications energy transmitted from, or
to be received by, other antennas. Antennas include whip (omni-directional
antenna), panel (directional antenna), disc (parabolic antenna) or
similar devices.
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"Antenna array" means one or more antennas as defined
in this chapter. The antenna array does not include the support structure.
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"Collocation" means the use of a common WCF or common
site by two or more wireless license holders or by one wireless license
holder for more than one type of communications technology.
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"Equipment facility" means any adjacent structure
used to contain ancillary equipment for a WCF which includes cabinets,
shelters, a buildout of an existing structure, pedestals, and other
similar structures.
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"Height" means the distance measured from ground
level to the highest point on the WCF support structure, including
the antenna or antenna array.
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"Micro antenna array" means an antenna array which
consists of antennas equal to or less than six feet in height and
with a total area of not more than six square feet.
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"Mini antenna array" means an antenna array which
consists of antennas equal to or less than 10 feet in height and with
a total area of not more than 50 square feet.
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"Monopole" means a structure designed and constructed
specifically to support an antenna array consisting of a single vertical
metal, concrete or wooden pole, pipe, tube, or cylindrical structure
which is driven into the ground or mounted upon or attached to a foundation.
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"Support structure" means a structure that supports
an antenna or antenna array. A support structure includes both an
existing building or structure, or a structure designed and constructed
specifically to support an antenna array, such as a monopole.
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"Wireless communications" means any personal wireless
services as defined in the Federal Telecommunications Act of 1996
which includes FCC licensed commercial wireless telecommunications
services including cellular, personal communications services (PCS),
specialized mobile radio (SMR), enhanced specialized mobile radio
(ESMR), paging and similar services that currently exist or that may
in the future be developed.
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"Wireless communication facility (WCF)" means any
unstaffed facility for the transmission and/or reception of wireless
communications services, usually consisting of an antenna array, an
equipment facility, and a support structure.
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means a site where woody material is collected for processing
and subsequent storage or transport to another location. The term
"woody material" includes branches, limbs, bark, stumps, and similar
material, but does not include lumber. The term "processing" is limited
to chipping and grinding and does not include composting, where composting
is defined as a managed process of controlled biological decomposition.
(Ord. 24-05, 6/5/2024)
