The planning commission may authorize that a similar use, not specifically listed in the allowed uses of a zone, shall be included among the allowed uses if deemed similar. However, this section prohibits the inclusion in a zone where it is not listed, a use specifically listed in another one, or a use of the same general type and similar to a use specifically listed in another zone.
(Ord. 24-05, 6/5/2024)
Every lot shall abut a street, other than an alley, for at least 25 feet. Lots which were created prior to adoption of the zoning ordinance which do not meet this provision may be accessed via an irrevocable recorded easement of a minimum of 10 feet in width.
(Ord. 24-05, 6/5/2024)
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 the ocean beach or estuarine waters. Existing rights-of-way and similar public easements which provide access to coastal waters shall be retained or replaced if they are sold, exchanged, or transferred. Rights-of-way may be vacated so long as equal or improved access is provided as part of a development project.
(Ord. 24-05, 6/5/2024)
A. 
Requirement. A clear-vision area shall be maintained on the corners of all property adjacent to the intersection of two streets. A clear-vision area shall contain no planting, fence, wall, structure, or temporary or permanent obstruction exceeding three feet in height, measured from the top of the curb or, where no curb exists, from the established street center line grade, except that trees exceeding this height may be located in this area, provided all branches and foliage are removed to a height of eight feet above the grade.
B. 
Measurement. A clear-vision area is that area enclosed by the lines formed by the center lines of intersecting pavements or driving surfaces and a straight line drawn diagonally, across the corner, connecting those lines at the various distances specified by the chart below. The measured distance along the uncontrolled driving surface is "vision clearance distance -a-." The measured distance along the controlled driving surface is "vision clearance distance -b-." Measurement of the vision clearance distance -a- shall be from the point of intersection of the center lines of the two travel surfaces. Measurement of the vision clearance distance -b- shall be from the adjacent stop sign.
C. 
Exceptions. The requirements of subsection B do not apply to public utility poles or traffic control signs.
Street Classification
Clear-Vision Area
Vision Clearance Distance -a-
Vision Clearance Distance -b-
15 mph street and 15 mph street
75 ft.
10 ft.
15 mph street and 20 mph street
125 ft.
10 ft.
15 mph street and 30 mph street
200 ft.
10 ft.
(Ord. 24-05, 6/5/2024)
No lot area, yards, other open space, or off-street parking or loading area existing on or after the effective date of the zoning ordinance shall be reduced below the minimum required for it by the zoning ordinance. No conveyance of any portion of a lot, for other than a public use, shall leave a structure on the remainder of the lot with less than minimum ordinance requirements.
(Ord. 24-05, 6/5/2024)
No lot area, yard or other open space or off-street parking or loading area which is required by the zoning ordinance for one use shall be a required lot area, yard or other open space or off-street parking or loading area for another use.
(Ord. 24-05, 6/5/2024)
All single-family dwellings, modular housing and manufactured homes located in the RVL, RL, R1, R2, RAM, R3, RM, and C1 zones shall utilize at least two of the following architectural features: dormers; more than two gables; recessed entries; covered porch/entry; bay window; building off-set; deck with railing or planters and benches; or a garage, carport, or other accessory structure.
(Ord. 24-05, 6/5/2024)
A. 
Cornices, eaves, window sills, and similar incidental architectural features may project not more than 18 inches into a yard required to be a minimum of five feet, or 36 inches into a yard required to be 15 feet or more.
B. 
Bay windows, with no useable floor area and not exceeding a length of 10 feet and not more than one per building elevation, may project not more than 18 inches into a required side yard, or 36 inches into a required front or rear yard. Bay windows may not project into a required ocean yard.
C. 
Chimneys shall project not more than 24 inches into any required yard.
D. 
Building Entrances.
1. 
Unroofed landings may project not more than 36 inches into a required front yard, rear yard or street side yard where they provide access to the first story of a dwelling, as the term story is defined by the building code and where the landing is limited to no more than 10 lineal feet. Such a landing may be accessed by no more than three risers. Unroofed landings and stairs may not project into a required ocean yard.
2. 
A covered entry to a dwelling may project not more than 36 inches into a required front yard, rear yard, or street side yard where the entry provides access to the first story of the dwelling, as the term story is defined in the building code. The covered entry is limited to no more than 10 feet in length and shall be completely open on all sides. The entry may be accessed by no more than three risers. Covered entries and stairs may not project into a required ocean yard.
E. 
Patios and decks, including any fixed benches, railings, or other attachments, which are no more than 30 inches in height above the existing grade may project into a required yard, but may not be closer than two feet to any property line. For lots abutting the ocean shore, a deck or patio permitted in the required yard may not be closer than two feet to the western property line or the Oregon Coordinate Line, whichever is further east. Patios and decks constructed in a required yard shall not obstruct significant views of the ocean, mountains, or similar features from abutting property.
(Ord. 24-05, 6/5/2024)
Projections such as chimneys, spires, domes, elevator shaft housings, towers, wind generators, aerials, flagpoles, and other similar objects not used for human occupancy are not subject to the building height limitations of the zoning ordinance.
(Ord. 24-05, 6/5/2024)
Triplexes permitted by Section 17.34.020(D) shall conform to the following standards:
A. 
The minimum lot size shall be 5,000 square feet;
B. 
Four off-street parking spaces shall be provided; and
C. 
The property owner shall annually submit a notarized sworn statement that a minimum of two of the dwelling units are used for nothing other than long-term rental purposes (periods of 30 calendar days or more).
(Ord. 24-05, 6/5/2024)
No artificial light source shall be placed so that it directly illuminates the public beach at a distance of more than 100 feet from the Oregon Coordinate Line or the property line, whichever is most eastward, after January 1, 1985. "Artificial light source" is defined as a lamp or other emitter of light which is directly visible from the public beach, including, but not limited to, flood lamps, area or barn lights, and streetlights.
(Ord. 24-05, 6/5/2024)
Exterior lighting, either free-standing or attached to a single-family residence, shall comply with these standards.
A. 
General Requirements. For residential properties including multiple residential properties not having common areas, all outdoor luminaires shall be fully shielded and shall not exceed 1,260 lumens.
B. 
Exceptions.
1. 
One partly shielded or unshielded luminaire at the main entry, not exceeding 630 lumens.
2. 
Any other partly shielded or unshielded luminaires not exceeding 315 lumens.
3. 
Low voltage landscape lighting aimed away from adjacent properties and not exceeding 2,100 lumens.
4. 
Shielded directional flood lighting aimed so that direct glare is not visible from adjacent properties and not exceeding 2,100 lumens.
5. 
Open flame gas lamps.
6. 
Lighting installed with a vacancy sensor, where the sensor extinguishes the lights no more than 15 minutes after the area is vacated.
7. 
Exempt Lighting.
a. 
Temporary lighting for theatrical, television, performance areas and construction sites.
b. 
Underwater lighting in swimming pools and other water features.
c. 
Temporary lighting and seasonal lighting provided that individual lamps are less than 10 watts and 70 lumens.
d. 
Lighting that is only used under emergency conditions.
e. 
Low voltage landscape lighting controlled by an automatic device that is set to turn the lights off no later than 10 p.m.
f. 
Upcast lighting illuminating a flag of the United States, not exceeding 2,100 lumens.
(Ord. 24-05, 6/5/2024)
Boats 18 feet in length or greater, or recreation vehicles six feet six inches in height or greater shall not be stored in a required front yard.
(Ord. 24-05, 6/5/2024)
Recreational vehicles may not be occupied on any lot in the city except as follows:
A. 
In an approved recreational vehicle park; or
B. 
During the construction period of a permitted use for which a building permit has been issued, but not to exceed one year and where the size of the recreational vehicle does not exceed 300 square feet.
(Ord. 24-05, 6/5/2024)
It is unlawful to keep inoperative vehicles or vehicle parts within view of persons on a public street or adjacent properties, or to keep unsightly and potentially hazardous accumulations of debris within view of persons on the public street or adjacent properties.
(Ord. 24-05, 6/5/2024)
A. 
Purpose. The purpose of this section is to ensure that certain commercial activities are carried out in a manner that is aesthetically compatible with adjacent uses, minimizes congestion in commercial areas, minimizes impact on pedestrian circulation and maintains open space areas designed for pedestrian use.
B. 
All uses in the C1, C2, and RM zones shall be conducted entirely within a completely enclosed building except that the outdoor storage, display, sale, or rental of merchandise or services may be permitted where the standards of subsection D of this section are met. The following uses and activities, subject to applicable conditions, are exempt from this prohibition:
1. 
The sale of living plant materials and cut flowers;
2. 
Outdoor seating in conjunction with a restaurant;
3. 
Holiday tree sales lot;
4. 
The dispensing of gasoline at a service station;
5. 
Newspaper vending machines subject to subsection (E) of this section;
6. 
The sale of goods and services by a nonprofit organization are subject to Section 4.01.130;
7. 
Automatic teller machines, subject to the design review requirements of Chapter 17.70;
8. 
Telephone booths, subject to the design review requirements of Chapter 17.70;
9. 
Live music and other outdoor performances, subject to Section 4.01.130; and
10. 
Farmers' market, subject to Section 4.01.130.
C. 
The prohibition on the outdoor storage or display of merchandise in conjunction with a commercial use applies to the general type of merchandise which is sold within the business premises, not just specific merchandise styles or brands.
D. 
The outdoor storage, display, sale, or rental of merchandise or services may be permitted where:
1. 
The outdoor area in which the merchandise or service is stored, displayed, sold, or rented is accessible only through a building entrance;
2. 
The outdoor area is screened from a public street or adjacent property in a manner approved by the design review board; or
3. 
The outdoor activity is permitted through a special event permit.
E. 
Newspaper Vending Machines. Newspaper vending machines, placed on a public sidewalk, shall be located so that the use of the sidewalk by handicapped persons is not impeded. This standard shall be met by maintaining a minimum, unobstructed sidewalk width of four feet.
F. 
For the purposes of this section, the free distribution of merchandise with a special events permit, is not considered outdoor merchandising.
(Ord. 24-05, 6/5/2024)
Except for interior renovation of an existing structures and exterior renovations such as siding replacement where there will be no ground disturbance, no new construction shall be approved unless a site plan containing the following information is submitted and approved showing the location of:
A. 
Property boundaries and dimensions.
B. 
Easements, if any.
C. 
Existing and proposed structures.
D. 
Existing structures on adjoining property if within one tree-protection zone of the common property boundary. A tree protection zone is defined as a circle with two feet of radius for each inch of trunk diameter measured at four and one-half feet above grade.
E. 
Existing trees six-inch diameter at breast height (DBH) or larger.
F. 
Existing trees six-inch DBH or larger on adjoining property that, in the judgment of the applicant's certified arborist, might be damaged by construction activity on the subject property. Alternatively, in the absence of a report by a certified arborist, all trees on adjoining property within one tree protection zone of the common property boundary. A tree protection zone is defined as a circle with two feet of radius for each inch of DBH.
G. 
Existing trees six-inch DBH or larger in the adjoining street right-of-way that, in the judgment of the applicant's certified arborist, might be damaged by construction activity on the subject property. Alternatively, in the absence of a report by a certified arborist, all trees in the adjoining street right-of-way within one tree protection zone of the subject property.
H. 
Existing and proposed features needed to calculate lot coverage as defined in Section 17.04.
I. 
Topographic information needed to determine average grade as defined in Section 17.04.
J. 
For property in the oceanfront management overlay (OM) zone, data needed to calculate oceanfront setback pursuant to Section 17.100.050(A)(6).
K. 
For property in the wetland overlay (WO) zone, the location of wetlands and riparian corridors.
L. 
For property in the flood hazard overlay (FHO) zone, the location and type of flood hazard.
M. 
The city manager may waive any of these requirements if not applicable for particular developments or sites.
(Ord. 24-05, 6/5/2024)