(A) Location. The NCA includes 12 oceanfront properties located west of Coast Avenue between Ellingson Street and Graham Street identified on Lincoln County Assessor’s Map 9-11-8 BA as Tax Lots 5300, 5400, 5500, 5600, and Map 9-11-8 BD as Tax Lots 6500, 6600, 6700, 6800, 6900, 7000, 7100, and 7200.
(B) Purpose. The NCA is in recognition of the property owner’s desire to limit the commercial uses of their properties to those that would maintain the outer appearance of their neighborhood as homes on single lots and that would be compatible with the capability of those lots to handle such commercial uses. These standards and provisions are in addition to city ordinances and federal and state laws and regulations.
(C) General requirements for establishing a limited land use overlay zone. The NCA Limited Land Use Overlay Zone is established in that the following conditions exist:
(1) The area is unique in the C-1 Zone by its residential character and its utility for vacation rental dwelling uses;
(2) There is 100% approval of the limited land use overlay from the property owners within the NCA and 71% approval from those property owners within 250 feet of the boundaries of the NCA;
(3) The 12 properties in the NCA are contiguous;
(4) Special standards are provided for the NCA in division (C)(5) below; and
(5) The reasons asserted as a basis for the NCA limited land use overlay application do not arise from a violation of this chapter.
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(1) A single-family dwelling built on the site;
(2) Vacation rental dwelling (within a single-family dwelling);
(3) Home occupation; and
(4) Transparent occupation.
(E) Standards. In addition to the underlying zone standards, the following standards apply in the NCA Zone.
(1) Yards. Minimum yard setback requirements in the NCA shall comply with R-1 Zone standards.
(2) Building height. Maximum building height shall comply with R-1 Zone standards.
(3) Nuisance control. No noise, lights, dust, smoke, odors, or electromagnetic frequencies generated on-site in excess of the amounts normally associated with residential uses shall emanate off-site or interfere with surrounding residential or commercial uses.
(4) Lighting. Outside lighting shall be restricted to low voltage lighting and/or motion sensor lighting for security.
(5) Off-street parking. For vacation rental dwelling uses, off-street parking space requirements are one space for each bedroom and shall be located on the same lot or on spaces specifically designated by the applicant within 250 feet (as measured by a direct line from the nearest property lines). Any new or substantially improved structure shall be required to provide the minimum required parking spaces on-site in accordance with §§ 152.055 through 152.076 of this chapter.
(6) Solid waste disposal. For vacation rental dwelling uses, adequate garbage receptacles must be provided and weekly solid waste pick-up is required during all months of the year.
(7) State law compliance. It is the property owner’s responsibility to ensure that a vacation rental dwelling use remains in substantial compliance with state regulations for the following: health, safety, Building Code, Fire Code, tourist accommodation statutes, and Uniform Housing Code.
(8) Occupancy. Vacation rental dwellings shall not exceed two persons per bedroom plus one additional person per dwelling.
(9) Signage. Vacation rental dwelling uses shall only have one on-site sign which must be four square feet in area. The sign shall identify the site as a vacation rental business, identify the local contact person, and state that the local contact person is available 24 hours each day, seven days a week to handle rentals and complaints.
(10) Local responsible party. For vacation rental dwelling uses, a local responsible party within the local telephone calling area must be identified by the owner. The owner shall provide the telephone number of the local contact person to the city, along with authorization of that person to take action in place of the owner.
(11) Business license. For vacation rental dwelling, home occupation, and transparent occupation uses, a city business license is required. In addition, for vacation rental dwelling uses, transient room tax ordinance provisions shall apply.
(F) Revocation. Any violation of the requirements or standards of this overlay zone or any other city ordinance may result in revocation of business license.
(G) Zoning map. The NCA Overlay Zone is identified on the city zoning map with the symbol (NCA) in addition to the underlying C-1 Zone.
(Ord. 261, passed 1-6-2003) Penalty, see § 152.999