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At the time a new structure is erected or the square footage is increased, or the use of the structure is changed, off-street parking spaces, loading areas, and access thereto shall be provided as set forth in this section.
(A) Requirements for types of buildings and uses not specifically listed herein shall be determined by the Planning Commission, based upon the requirements of comparable uses listed.
(B) In the event several uses occupy a single structure or parcel of land, the total requirements shall be the sum of the several uses computed separately.
(C) Owners of two or more uses, structures, or parcels of land may agree to jointly utilize the same parking and loading spaces when the hours of operation do not overlap, provided that satisfactory legal evidence is presented to the Planning Commission in the form of deeds, leases, or contracts to establish the joint use and hours of operation.
(D) Off-street parking spaces for dwellings, hotels, motels, resorts, and time-shares shall be located on the same lot or on a lot immediately adjacent to the lot served by such parking.
(E) Required parking spaces shall be available for the parking of operable passenger automobiles of residents, customers, patrons, and employees only, and shall not be used for storage of vehicles or materials or for the parking of trucks used in conducting the business or use.
(F) Areas used for standing and maneuvering of vehicles shall have durable and dustless surfaces improved adequately for all-weather use, and shall be adequately maintained. Drainage shall conform to the city’s storm water master plan and a drainage plan shall be approved the city field superintendent.
(G) Except for parking to serve dwelling uses, parking and loading areas adjacent to or within residential zones, or adjacent to Highway 101, or residential uses shall be designed to minimize visual impacts by use of landscaping or by a fence screened by landscaping.
(H) Parking areas used for public or private parking lots under the conditional use in an R-4 Zone must have garbage containers available for garbage which may be generated by users of the parking lot. Such garbage containers must be emptied on a regular basis and not less than weekly. Parking lots shall be posted with the following sign: “no camping or overnight use” and shall have their hours posted. Parking lot hours shall not extend beyond 10:00 p.m. or open earlier than 4:00 a.m. If the property fails to enforce the parking prohibitions, the Planning Commission may review and consider whether or not to revoke the conditional use permit.
(I) Parking spaces along the outer boundaries of a lot shall contain a curb or bumper rail at least four inches high and set back four feet from the front of the space.
(J) Artificial lighting may be used in parking areas provided it is of low intensity, is pointed generally downward, and is shielded if necessary so as to not create light or glare off-site.
(K) Except with respect to approved driveways, required off-street parking areas shall not be provided in the required front or street side yard areas in a residential zone.
(L) Groups of more than four parking spaces shall be served by a driveway so that no backing movements or other maneuvering within a street, other than an alley, will be required.
(M) A driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading children shall be located on the site of any school having a capacity greater than 25 students.
(N) Buildings or structures which receive and distribute material or merchandise by truck shall provide and maintain off-street loading berths of sufficient numbers and size to handle the needs of the particular use. Off-street parking areas used to fulfill the requirements of this section may be used for loading and unloading operations during periods of the day when not required to take care of parking needs.
(O) All spaces shall be permanently and clearly marked. Markings which guide safe and efficient traffic flow shall also be permanently and clearly marked. All markings shall be replaced regularly to remain visible.
(P) All improvements, including surfacing, storm water management, striping, and landscaping shall be fully maintained for the life of the parking facility. Failure to maintain such improvements shall constitute a violation of this chapter.
(Q) All parking lots shall be designed with spaces for handicapped drivers as provided for in the Building Code.
(R) The clear vision requirements set forth in § 152.055 of this subchapter shall apply to all parking lots at the intersection of two streets or a street and an alley.
(S) For C-1 Retail Commercial Zoned properties, off-street parking requirements shall be located on the same lot or within 500 feet (as measured by a direct line from the nearest property line to the nearest property line of the parking lot).
(1) On-street parking spaces that front the lot and are adjacent (on the same side of the street) may be counted in the required parking. Over one-half of the parking space shall be directly within the street frontage of the lot in order to be counted in the required parking.
(2) When the square footage of a business or structure is increased, or the use is changed, only the spaces associated with the increased square footage or area of change must be added.
(3) No person who works or resides in properties fronting Highway 101 shall park a vehicle on Highway 101 while in his or her place of employment, or in his or her residence between 9:00 a.m. and 5:00 p.m. on any day. Single-family dwellings are exempt.
(4) Parking on Highway 101 is limited to four hours between 6:00 a.m. and 6:00 p.m.
(5) All parking shall be general purpose parking/public parking with the exception of residential uses which may have designated off-street parking spaces. If required parking is off-site but within 500 feet, the applicant must provide written documentation from the property owner authorizing the parking. If a variance to parking requirements is pursued, the applicant shall demonstrate that off-site parking is not available within 500 feet.
(T) Off-street parking space requirements:
Animal hospital or kennel | 1 space per 500 square feet |
Any single- or multi-family residential use, including condominium or time share | 2 spaces per unit |
Church, auditorium, meeting place, theater, gymnasium, mortuary, or similar place of assembly | 1 space for each 50 square feet of floor area used for assembly |
Dance hall, skating rink, pool hall, aquarium, bowling alley, or similar commercial amusement enterprise | 1 space for each 100 square feet of floor area |
Day care, nursery school, kindergarten, elementary and middle schools, and similar uses | 2 spaces per classroom or instructional area, plus requirements for offices, places of assembly, and the like |
Financial institution, laboratory, or office | 1 space for each 300 square feet of floor area |
Golf courses | 5 spaces per hole, plus the 75% the ancillary parking requirements |
High schools | 8 spaces per classroom or instructional area, plus requirements for offices, places of assembly, and the like |
Hospital | 3 spaces for each 2 beds |
Laundromat | 1 space per three machines |
Library or similar facility | 1 space for each 300 square feet of floor area |
Manufacturing, fabrication, assembly, processing, cabinetry, or similar use | 1 space for each 1,000 square feet of floor area |
Marina or other moorage facility | 1 space per boat mooring space |
Medical or dental clinic | 1 space for each 200 square feet of floor area |
Miniature golf | 1.5 spaces per hole |
Nursing home, residential facility, residential home, or retirement home | 1 space for each 3 beds |
Personal or business service | 1 space per 250 square feet |
Public or private swimming pool | 1 space per 100 square feet |
Recreational vehicle park | 3 spaces for each two RV spaces |
Restaurants and bars | 1 space for each 100 square feet of serving area (total floor area where public is allowed, excluding restrooms and other specified uses, such as designated retail space) |
Retail store not handling bulky merchandise | 1 space for each 350 square feet of floor area |
Service or repair shop; retail store handling bulky merchandise, such as automobiles, furniture, boats, marine equipment, and the like; automobile service station, feed and seed; heavy equipment; lumber or building supplies; or similar uses | 1 space for each 600 square feet of sales, storage, or repair area |
Tourist accommodation | 1 space for each guest accommodation |
Warehouse, storage, and wholesale business | 1 space for each 2000 square feet of area |
(U) The required size of parking spaces, aisles, driveways, and similar design features are set forth in Diagram A. Required landscaping areas are not shown.
(Ord. 24, passed 4-5-1976; Ord. 71, passed 8-19-1980; Ord. 92, passed 7-7-1982; Ord. 124, passed 7-1-1985; Ord. 130, passed 4-6-1987; Ord. 145, passed 1-3-1989; Ord. 172, passed 10-7-1991; Ord. 173, passed 12-2-1991; Ord. 234, passed 12-16-1996; Ord. 256, passed 4-6-2004; Ord. 279, passed - -2007)
An accessory use shall comply with all requirements for a principal use, except as this chapter specifically allows to the contrary, and shall comply with the following limitations:
(A) 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 to a property line than the minimum setback required for the zone;
(B) One single-wide manufactured dwelling or recreational vehicle may be located as a temporary accessory use to a legally established dwelling under medical hardship provisions subject to the following requirements:
(1) The medical hardship be established in writing by a medical doctor;
(2) The placement of the unit comply with all residential setback requirements;
(3) A sight-obscuring fence or ornamental hedge may be required to screen the accessory use from other uses off the property;
(4) All appropriate permits, such as placement permits and those required by the city or special districts for water and sewer service be obtained prior to moving the unit on the property;
(5) The mobile home or travel trailer be disconnected from all services and removed as appropriate when the hardship no longer exists; and
(6) The use be reviewed annually to insure compliance with the above.
(C) (1) In a residential area, fences, hedges, and walls extending above the finished grade of an approved dwelling may be located within required yards, but shall not exceed three and one-half feet in height in any required front yard which abuts a street other than an alley or any street side yard, or as otherwise provided for in this chapter.
(2) Fences constructed on vacant lots or parcels may be located anywhere within a parcel’s boundary lines but shall not exceed a height of six feet and shall not interfere with clear vision areas. When dwelling construction begins, changes to these fences shall be required, if necessary, to comply with division (C)(1) above.
(D) Unenclosed decks may be located within required yards except for clear vision areas, but shall encroach no further than one-third of the required setback distance;
(E) This provision is to protect the city and adjacent property owners from undesirable, potentially hazardous, and unnecessary development through the use of retaining walls.
(1) No retaining wall shall be constructed for the purpose of back filling to artificially heighten a lot’s ground elevation to improve views from the subject property.
(2) No retaining wall shall be constructed to elevate the grade of a lot unless necessary to establish a use or structure permitted in the underlying zone.
(3) Proposed retaining walls over eight feet in height shall be reviewed by the Planning Commission at a public hearing, following the conditional use procedure. Approval of any retaining wall in excess of eight feet in height shall be based on the following findings:
(a) The retaining wall is reasonably necessary for construction of a structure or to establish a use permitted in the underlying zone;
(b) The retaining wall will not be materially detrimental to adjacent or nearby property, or to public safety or welfare;
(c) The retaining wall does not preclude future access to adjacent undeveloped property;
(d) If the retaining wall is a component of a building’s foundation, it will comply with setback requirements from side and rear property lines; and
(e) The retaining wall does not conflict with any other provisions of this chapter.
(Ord. 24, passed 4-5-1976; Ord. 71, passed 8-19-1980; Ord. 172, passed 10-7-1991; Ord. 173, passed 12-2-1991; Ord. 256, passed 4-6-2004) Penalty, see § 152.999
No building shall be erected, altered, enlarged, or rebuilt or moved unless it has city-approved domestic water supply and sewage disposal.
(Ord. 24, passed 4-5-1976; Ord. 71, passed 8-19-1980) Penalty, see § 152.999
(A) With the exception of single-family detached dwellings, all development proposals involving structures shall be submitted to the Fire Department for review, comment, and recommendation.
(B) If no response is received within ten days from the Fire Department, the city may proceed as it deems appropriate.
(Ord. 24, passed 4-5-1976)
No building or structure shall be erected, enlarged, altered, rebuilt, remodeled, or moved unless in conformance with the requirements of all state and local ordinances applicable to the structure and the land upon which it is proposed.
(Ord. 24, passed 4-5-1976) Penalty, see § 152.999
In order to protect the quality of the city which makes it a desirable place in which to live, the Planning Commission may recommend and the City Council may adopt as ordinances such development guidelines and accompanying maps as may be necessary for the conservation and development of natural resources; the protection of areas having historical or aesthetic importance; the safe and desirable use of geologically hazardous areas; and utilization and development of any other air, land, or water uses which may have significant impact on the quality of the city. Such development guideline ordinances will be made as addendums to this chapter. Areas to which such ordinances apply will be so designated on the zoning maps of the city.
(Ord. 24, passed 4-5-1976)
Each condominium and time share project shall comply with the following additional standards and requirements.
(A) An association of unit owners shall be organized to serve as a means through which the unit owners shall administer, manage, and operate the condominium, as required by the applicable state statute.
(B) Each time share project shall establish an owners’ association or designate another form of managing entity, as required by the applicable state statute.
(C) The owners’ association for condominiums, or the owners’ association or managing entity for time share projects, shall maintain on record with the City Recorder the name and address of the representative or agent of the owners’ association or a natural person as managing entity. That designated person shall receive all notices or orders by the city to the owners’ association or managing entity, and shall also thereby be as the agent of the owners’ association or managing entity for purposes of service of process.
(Ord. 130, passed 4-6-1987; Ord. 287, passed 5-4-2010)
A manufactured dwelling may be temporarily placed upon an individual lot upon compliance with the following conditions:
(A) The lot owner shall file an application with the city, requesting a permit to temporarily place a manufactured dwelling upon the lot. The applicant shall certify that the applicant is diligently undertaking efforts to place the manufactured dwelling permanently upon a lot within the city, that the lot upon which the manufactured dwelling will be placed both temporarily and permanently are properly zoned for placement of a manufactured dwelling, that the applicant is the owner or vendee purchaser under contract of the manufactured dwelling, and that if the temporary placement permit is granted, the owner shall comply with the conditions of this section and with such additional conditions as may be imposed by the Planning Commission upon issuance of the temporary placement permit;
(B) The temporary placement of a manufactured dwelling is permitted only in those zones which permit placement of manufactured dwellings; a single-wide manufactured dwelling may be temporarily placed only in an R-3 Zone;
(C) The temporary placement permit shall be valid for a period of 60 days from the date of issuance of the temporary placement permit. If the manufactured dwelling is not permanently sited upon a lot within the city prior to expiration of the 60-day period of the temporary placement permit, the owner may apply to the Planning Commission for an additional 60 days for temporary placement of the manufactured dwelling;
(D) No utilities other than electrical shall be connected to the manufactured dwelling nor shall any person occupy the manufactured dwelling;
(E) The applicant shall comply with other requirements of this chapter, including but not limited to setback requirements, floodplain development, and geologic setbacks and requirements;
(F) Notwithstanding §§ 152.205 through 152.208 of this chapter, the Planning Commission shall not be required to hold a public hearing prior to issuance of the original temporary placement permit if the application complies with all provision of this section. In the event the applicant applies for an extension, the Planning Commission shall hold a public hearing pursuant to § 152.206 of this chapter; and
(G) The applicant shall pay the applicable action fee as provided in § 152.205 of this chapter and by resolution of the City Council.
(Ord. 163, passed 9-16-1991; Ord. 173, passed 12-2-1991) Penalty, see § 152.999
(A) All single-family dwellings located within a residential zone (except for manufactured homes located within a manufactured home subdivision or a “mobile home park”) shall utilize at least two of the following design features:
(1) Dormers;
(2) Recessed entries;
(3) Cupolas;
(4) Bay or bow windows;
(5) Window shutters;
(6) Off-sets on building face or roof (minimum 12 inches);
(7) Gables;
(8) Covered porch entry or unenclosed deck;
(9) Pillars or posts;
(10) Tile, shake, or elongated (not corrugated) metal roofing; or
(11) Horizontal lap siding or snakes.
(B) Individual lots shall be residentially landscaped and maintained similar to surrounding neighborhood development. Use of native vegetation shall be encouraged wherever possible.
(C) A driveway having a durable and dustless surface shall be provided.
(D) Single-family dwellings and other improvements shall be developed in compliance with applicable provisions set forth in this chapter.
(Ord. 194, passed 12-6-1993)
(A) The purpose of this section is to protect the character of the city’s residential neighborhoods by prohibiting transient occupancy of dwelling units therein and by implementing the Comprehensive Plan policies relating to housing and transient occupancy. Use of dwellings for transient occupancy purposes has unmitigatable adverse impacts on surrounding residential uses and is therefore prohibited, except as provided for in these zoning regulations. The city finds that transient occupancy of dwelling units has been permitted in the past and that the lawful use of property may continue subject to certain standards contained in these zoning regulations. These regulations include, for transient use of dwellings located within a residential zone, an amortization period of four years and the provision for individualized determinations that lawful investments specifically committed to transient occupancy have been made.
(C) No person shall occupy, use, operate, or manage, nor offer or negotiate to use, lease, or rent a dwelling unit in any residential zone for transient occupancy, except a dwelling lawfully used for transient occupancy purposes on the effective date of this section which meets the requirements of § 152.070 of this subchapter.
(D) In the commercial or industrial zones, the rental of a dwelling, or portion thereof, for transient occupancy shall be considered a tourist accommodation and subject to the requirements for tourist accommodations, including compliance with the requirements of § 152.070 of this subchapter.
(E) The use of dwellings or residences within any residential zone for transient occupancy purposes shall be deemed terminated upon the effective date of this section unless the provisions of § 152.070 of this subchapter are met. Persons who fail to register and substantiate the non-conforming use of their property, within the period described, shall be precluded from further use of their dwellings for transient occupancy under the provisions of these zoning regulations.
(Ord. 234, passed 12-16-1996)
(A) Any person who rented a dwelling unit located within any residential zone to transients between December 1, 1995 and the effective date of this section, or who otherwise claims a non-conforming transient occupancy use, shall establish the non-conforming transient occupancy use status by substantiating their actual use of the property for transient occupancy purposes. Evidence, of a type which provides written documentation and is more than a statement of use, shall be provided to the city within 60 days of the effective date of section, together with the transient occupancy business registration required in division (B) below.
(B) No person shall operate, manage, or maintain a tourist accommodation or be the agent for the owner or operator for the purpose of assisting in the use or maintenance of a tourist accommodation or dwelling in the transient occupancy business or, during the amortization period of use of dwellings for transient occupancy, dwellings for transient occupancy without registering as a transient occupancy business with the City Recorder. No fee shall be required to register as a transient occupancy business.
(C) The City Recorder shall require such information as convenient or necessary for the registration of transient occupancy businesses, including but not limited to the name of the owner, the name of the operator, the address of the structure or building, and that either the business holds a business license to engage in the transient occupancy business or evidence that the structure or building has been used for transient occupancy business during the period from December 1,1995 to the effective date of this section or the real property is being held with the expectation of engaging in the transient occupancy business by August 1, 1997. A transient occupancy business license review committee, establishing by resolution or motion of the City Council, shall review the registration application and determine whether the application for registration substantiates transient occupancy use for the required period. Written notice of the decision shall be mailed to the registration applicant. Decisions of the committee may be appealed to the City Council within 20 calendar days of the date of mailing of the written decision of the committee.
(D) Persons shall be permitted 60 days from the date of adoption of this section amendment to register as required above. Within 15 days following the adoption of this section, the City Recorder shall give notice of the adoption of this section and the requirement to register as a transient occupancy business by the following:
(1) Mailing a copy of this section and a form for registration as a transient occupancy business to all persons or businesses who have filed a transient room tax report within the past eight months;
(2) Posting a notice, in the form prescribed below, at the public bulletin board at the post office and at the city hall;
(3) Including a notice, in the form prescribed below, with the next water/sewer billing; and
(4) Publishing notice of adoption of this section in the News Times and News Guard newspapers, legal notice section, with the following text in the notice:
Notice to all persons who rent or intend to rent to transients, tourists, or short-term (less than 30 days) renters or lodgers. The city has adopted Ordinance 234, which restricts or prohibits the rental or occupancy of lodging facilities or dwellings to short-term renters, transients, or lodgers. Registration as a transient occupancy business is required by February 14, 1997. A copy of the ordinance and registration form may be obtained: in person at the City Hall, 570 SE Shell Ave., Depoe Bay, OR 97341, during regular business hours; by mailing a request for the “transient occupancy business restrictions and registration” to the City Recorder, PO Box 8, Depoe Bay, OR 97341; or by telephone (541-765-2361), requesting the “transient occupancy business restrictions and registration” be mailed to you. Failure to register shall result in the cessation of the transient occupancy business. There is no fee for registering.
(E) The transient occupancy business shall be in compliance with the city business license and the transient room tax ordinances, and shall not be delinquent with each of the requirements of these ordinances.
(F) The non-conforming use of dwellings for transient occupancy shall be amortized within a four-year period from the effective date of this section. At the conclusion of the amortization period, all transient occupancy of dwelling units shall be prohibited, whether or not such use existed prior to the adoption of this section unless hardship relief has been granted pursuant to (G) below.
(G) A hardship provision is established for property owners who can substantiate that an investment made exclusively in the non-conforming use of a dwelling for transient occupancy cannot be adequately amortized within the period of time specified in division (F) above. The purpose of this hardship provision is to permit those who have made substantial investments in transient occupancy improvements to dwellings structures to recover their investment, but only in those cases in which the improvements have committed the structure to transient occupancy, as opposed to long-term residential use. If the improvement may be utilized both for transient occupancy and long-term residential use, this provision shall not apply. An application for hardship relief under the provisions of this section shall also provide information on the specific investments that were made with respect to the non-conforming, short-term rental use of the property. Anyone seeking hardship relief shall file an application for such relief with the City Recorder not later than 60 days from the effective date of this section. The City Council shall determine, based on accepted accounting practices, whether there is a basis for hardship relief and the establishment of a longer amortization period. The hearing upon the hardship petition shall be in accordance with the procedure set forth in § 152.206(B) of this chapter. If the City Council determines that a longer amortization period is warranted, it shall establish a period of time that permits the reasonable amortization, based on accepted accounting practices, of the investment of the property owner. At the conclusion of that specific amortization period, the transient occupancy of the dwelling shall be terminated. If the City Council determines that a longer amortization period is not warranted by nature of the investment, the amortization period specified in division (F) above shall be met. Persons who fail to file an application within the time period established in this section shall be precluded from applying for hardship relief under the provisions of these zoning regulations.
(Ord. 234, passed 12-16-1996) Penalty, see § 152.999
In addition to compliance with provisions set forth under § 152.068 of this subchapter, a manufactured home shall be permitted on individual lots in all residential and commercial zones permitting single-family dwellings, subject to the following standards:
(A) The manufactured home shall be multi-sectional and enclose an area of not less than 1,000 square feet; except, in the R-3 Zone, a single-wide or multi-sectional home enclosing a floor area of not less than 700 square feet shall be permitted. A manufactured home shall not be considered multi-sectional (double-wide or larger) by virtue of having a tip-out section;
(B) The manufactured home shall be placed on an excavated and back-filled foundation, enclosed at the perimeter with skirting of concrete, concrete block, or masonry. Where the building site has a sloped grade, no more than 12 inches of the enclosing material shall be exposed on the uphill side of the home, if the manufactured home is placed on a basement or a garage, the 12-inch limitation will not apply;
(C) The manufactured home shall have a pitched roof, except that no standard shall require a slope grater than a nominal three feet in height for each 12 feet in width;
(D) The manufactured home shall not have corrugated metal but shall have exterior siding and roofing which in color, material, and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the City Planner or Planning Commission;
(E) The manufactured home shall be certified by the manufacturer to have an exterior thermal envelope meeting performance standards which reduce heat loss levels to the performance standards required of single-family dwellings constructed under the State Building Code as defined in the applicable state statute;
(F) The manufactured dwelling shall have a driveway, which driveway shall have a durable and dustless surface; and
(G) Manufactured dwellings shall not be sited adjacent to any structure listed on the register of historic landmarks and districts.
(Ord. 194, passed 12-6-1993; Ord. 287, passed 5-4-2010)
(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 streams, ponds, wetlands, and riparian vegetation for fish and wildlife habitat, maintenance of water quality and quantity, alleviation of flooding hazards, storm water control, recreation and aesthetics, and to provide for open space. Protection of the natural drainageways as an integral part of the city environment in accordance with the Local Wetlands and Riparian Inventory (2004) (LWI) is also important in order to manage stormwater drainage, minimize maintenance costs, and protect properties adjacent to drainageways.
(B) Application. The provisions of this section shall apply to the streams, significant wetlands, ponds, and riparian areas identified in the Comprehensive Plan’s LWI. The provisions of this section shall also apply to existing streams, significant wetlands, and riparian areas that are not yet identified in the LWI. 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 §§ 152.039, 152.040, 152.076, 152.130 through 152.136, 152.150 through 152.158, 152.170 through 152.173, 152.185 through 152.188, 152.200 through 152.210, and 152.225 through 152.235. 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, being O.R.S. 527.610 through 527.810, 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.
(C) Procedure for development applications. Applicants requesting approval for any development permit in an area which contains a designated resource identified in division (D) below 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 Planning Commission shall review the application in a public hearing and determine if all of the applicable criteria are met.
(D) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DRAINAGEWAYS. The streams, channels, springs, lakes, ponds, reservoirs, ponding areas, and wetlands indicated in the LWI and the stormwater master plan maps of existing facilities.
FISH HABITAT. The areas upon which fish depend in order to meet their requirements for spawning, rearing, food supply, and migration.
POND. A small body of intermittent or perennial standing water that is a persistent feature of the landscape.
RIPARIAN AREA. The area adjacent to a river, lake, or stream, consisting of the area of transition from an aquatic ecosystem to a terrestrial ecosystem.
RIPARIAN CORRIDOR. Includes the water areas, fish habitat, adjacent riparian areas, and wetlands within the riparian area boundary.
RIPARIAN CORRIDOR BOUNDARY.
(a) An imaginary line that lies 50 feet inland (or upland), measured on the horizontal, from the top of the bank of an inland stream, or where no bank is discernible, that lies 50 feet inland from the outer edge of non-aquatic vegetation.
(b) Where a wetland or pond is contiguous to a stream, the riparian area shall be measured 50 feet inland (or upland) from the upland edge of the wetland or pond. Where a wetland or pond is not contiguous to a stream, the riparian area shall be measured 25 feet inland (or upland) from the upland edge of the wetland or pond.
STREAM. A channel, such as a river or creek, that carries flowing surface water, including perennial streams and intermittent streams with defined channels, and excluding human-made irrigation and drainage channels.
WATER AREA. The area between the banks of a lake, pond, river, or perennial or fish-bearing intermittent stream, excluding human-made farm ponds.
WETLAND. An area that is inundated or saturated by surface or ground water 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.
(E) Riparian corridor protection standards.
(1) The actual location of streams, wetlands, ponds, and riparian areas, shall be delineated in the field by a person qualified to do such a delineation, following procedures accepted by the state. A report and map shall be submitted which documents the boundaries of the resource and its buffer.
(2) The outer 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.
(3) No filling, grading, excavating, or draining is permitted in a wetland area unless such is performed for restoration purposes. 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.
(4) The flow from springs, drainages, streams, and other features providing the water necessary to maintain wetlands hydrology, shall not be diminished or substantially increased.
(5) Within the riparian corridor boundary, no grading shall occur, no impermeable surfaces or structures shall be placed, and no vegetation shall be removed or destroyed, except that the following are allowed, provided they are designed and constructed to minimize intrusion into the riparian area:
(a) Removal of riparian vegetation necessary for a use that requires direct access to the water;
(b) Placement of utilities, drainage facilities, and irrigation pumps;
(c) Replacement or enlargement of existing structures with structures in the same location that do not disturb additional riparian surface area;
(d) The placement of walking paths and road crossings;
(e) Removal of non-native noxious vegetation, such as scotch broom, blackberries, and ivy, and replacement with native plant species;
(f) Fish and habitat restoration activities approved by Oregon Department of Fish and Wildlife; and
(g) Removal of vegetation necessary for the development of water related and water dependent uses.
(6) Before any development activity occurs within a riparian corridor, there must be a review and report prepared by a licensed, certified arborist. The arborist’s report must be submitted to the city before any development activity occurs. The responsibility for this review lies with the applicant.
(7) Valid permits from the U.S. Army Corps of Engineers and from the Oregon Division of State Lands, or written proof of exemption from these permit programs, must be obtained and presented to the city before commencement of any of the activities associated with allowed uses which will impact the streams, ponds, wetlands, and riparian areas.
(8) Development activities shall not change the natural drainage or substantially increase the water flow.
(9) Development activities shall not create erosion into the stream, wetland, pond, or riparian area.
(F) Drainageway protection standards.
(1) To prevent new development from significantly increasing the amount or flow rate of surface water run-off destined for the drainageway, any new development or redevelopment proposed on land on or adjoining a drainageway shall:
(a) Avoid filling in, disturbing, or changing the location of the natural drainageway;
(b) Avoid placing impervious surfaces within 15 feet of the drainageway;
(c) Not “hardline” roof and perimeter drains into the drainageway, but provide for infiltration or run-off on site before allowing it to enter the natural drainageway; and
(d) For subdivisions, provide for engineered stormwater plans that provide for on-site storm water detention and treatment.
(2) 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.
(G) Hardship variances.
(1) Applicability. This section applies to lots existing prior to January 1, 1982 in the Coastal Shorelands Overlay Zone or along North and South Depoe Bay Creeks, or prior to January 1, 2001 in other areas of the city.
(2) 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 (§§ 152.170 through 152.173 of this chapter), that intrusion into the required riparian corridor, wetland, or drainageway protection areas has been minimized by maximizing setback variances on property line boundaries away from these resources. Applicants shall consult with a fish biologist regarding impacts to the riparian corridor and stream, and provide that documentation to the city, when requesting intrusion into the required riparian corridor associated with North Depoe Bay Creek or South Depoe Bay Creek.
(H) 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:
(1) The boundary of the property with proximity to the resource area shall be marked between surveyed property markers with a visible string or tape;
(2) The applicant shall contact the City Planner and request a site visit;
(3) 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 is exempt from the provisions of this section; and
(4) 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.
(Ord. 256, passed 4-6-2004; Ord. 278, passed 3-21-2007) Penalty, see § 152.999
(A) Application. This section shall apply to all publicly-owned lands in the city.
(B) Standards. Publicly- owned lands, including street rights-of-way, shall be evaluated before their disposition as to their possible uses as open space or park land or pedestrian and bike pathways, and wherever possible, be retained for those uses.
(Ord. 256, passed 4-6-2004)
(A) Application. This section’s standards shall apply to lands identified as coastal headlands and exceptional aesthetic resources found in the Comprehensive Plan inventory section entitled “open spaces, scenic and historic areas, and natural resources”, item f.
(B) Standards. Development in areas of exceptional aesthetic resources or coastal headlands shall substantially maintain the existing visual character of the areas. The visual character of the area is deemed to be substantially maintained if the following standards are met.
(1) For coastal headlands, coastal scenic areas, and the harbor area.
(a) The coastal headlands remain in their natural state.
(b) The shorelands, cliffs, and immediate environs of the coastal scenic areas comply with the requirements of §§ 152.234 and 152.235 of this chapter, except that the “area of visual concern” for Whale Cove, Pirate’s Cove, and the designated faces of north and south points shall extend 40 feet rather than 25 feet landward from the top of the coastal bluff.
(c) In these same areas, the outer coverings of structures that will be visible from within the aesthetic resource area, including the roofing materials, are of natural wood materials or designed to look like natural wood materials or are painted or stained in subdued colors.
(d) Around the city harbor and adjacent park, developments are compatible with the existing character of the area and with the atmosphere of the harbor for boats, and are for water dependent uses.
(e) Lights from any development are shielded and directed downward so as not to illuminate or cause glare outside of their local area. External lighting on structures, streets, signage, or for other uses are restricted to low wattage ground lights less than 12 feet tall.
(f) All communication and utility lines and structures are either underground or not visible over or around a vegetative buffer.
(g) Where a permitted use of a lot existing prior to the establishment of this chapter would be precluded by strict adherence to these requirements, the applicant can ask for an exception to these standards if the applicant meets the following standards:
1. The request is the minimum necessary;
2. Disruption of the visual character of the area has been minimized; and
3. That options such as clustering of improvements, maximizing variance setbacks on the sides of the development away from the aesthetic resource, or other design methods to minimize impact have been exercised or are not feasible.
(2) For scenic view corridors.
(a) For the corridor along the west side of Highway 101 between Sunset Street and the bridge, the property owner, whether public or private, maintains vegetation pruned to not obstruct the view.
(b) Developments are to be designed to intrude into the view corridor the minimum necessary and at least 15 feet per 100 feet of frontage remains with an unobstructed view.
(3) For forested corridors.
(a) Trees six inches in diameter or greater at four feet above ground shall be retained within 40 feet either side of the Highway 101 right-of-way from South Point Street south to the city limits. This area may be considered part of the required common space provided in a planned development or land division.
(b) Trees within ten feet of a building may be removed providing the building meets all setback provisions. Trees may also be removed where ingress or egress to a development can only be achieved by access across the corridor. The accessway must be the minimum width allowable and designed to minimize the amount of intrusion along the corridor (such as, by alignment perpendicular to the highway).
(c) Within forested corridors, trees may be removed if determined to be unsafe by a registered, certified arborist. If trees are removed due to unsafe conditions, those areas shall be immediately replanted with trees that will reestablish the forested corridor.
(4) For forested hillsides.
(a) In any plan for a subdivision greater than three acres, specific measures are outlined to assure that at least 20% of the area with trees six inches or greater at four feet above ground shall be protected. These areas shall be mapped in the plan, and may be considered part of the required common space provided in a planned development.
(b) Where a permitted use of a lot existing prior to the establishment of this chapter would be precluded by strict adherence to these requirements, the development is the minimum necessary and the forested resource is maintained to the maximum extent possible.
(Ord. 256, passed 4-6-2004)
(A) Application. Sites subject to this section are identified in the Comprehensive Plan inventory “open spaces, scenic and historic areas, natural resources”, § i.
(B) Standards. These standards shall apply when an archeological site is observed, located, or unearthed or there is indication that an archeological site exists or when the city notifies the applicant it is a known site.
(1) Development in areas with archeological sites shall be conducted in a manner so as to avoid site disturbance to the archeological sites and prevent irreversible loss of archeological resources.
(2) Development in areas with archeological sites shall comply with the applicable state statute.
(3) Development on historic sites shall not diminish the value of such sites as historic resources as determined by the County Historical Society, the State Advisory Committee on Historical Preservation, or other knowledgeable persons or agencies in the identification and preservation of historically important resources.
(4) Alterations to identified historic structures shall be conducted in a manner so as to maintain the historic value of such structures.
(Ord. 256, passed 4-6-2004; Ord. 287, passed 5-4-2010)
(A) Purpose. The purpose of this section is to assure that during pre-development activities (such as, clearing a subdivision or a property in preparation for sales to individual home builders) soil disturbance and vegetation removal are kept to the minimum necessary and that soil particles are prevented from moving off the site onto adjoining properties, streets, storm drain systems, or into waterways, wetlands, or other natural areas.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CLEARING. The removal of vegetation from a site wherein the root system of the vegetation is disturbed. CLEARING, for the purpose of this section, does not include gardening activities.
EROSION. The wearing away of the ground surface as a result of the movement of wind or water.
EXCAVATION. The mechanical removal of earth material.
FILL. The deposit of earth material placed by artificial means.
GRADING. The process of changing the topography of the ground surface.
STREAM. A channel, such as a river or creek that carries flowing surface water, including perennial streams and intermittent streams with defined channels, and excluding human-made irrigation and drainage channels.
VEGETATION. Plants of all types, including grasses, ground cover, flowers, bushes, shrubs, and trees.
(C) Application. This section applies to any pre-development activity within the city that:
(1) Involves the clearing, grading, filling, or excavation of more than 5,000 square feet of surface area;
(2) Involves the felling of more than five trees measuring six inches diameter or greater, at four feet height from the ground surface, within a five thousand square foot area;
(3) Are conducted within areas of geologic hazards; or
(4) Are conducted in areas within 100 feet, measured on the horizontal, of the bank of streams or the top of bank whichever distance is greater, or the mean high tide level of the estuary or ocean.
(D) Standards.
(1) Charing, grading, filling, or excavation of the site shall not be permitted until approval permits have been issued.
(2) Clearing, grading, filling, or excavation of the site shall be the minimum required to complete the project.
(3) Prior to site disturbance, markings identifying the limits of clearing, grading, filling, or excavation, and/or safety fencing shall be placed on the site. Such markings or fencing shall remain in place until the clearing, filling, excavating, or grading is completed.
(4) Pre-development in forested areas (areas larger than one acre containing trees measuring six inches diameter or greater, at four feet height from the ground surface) shall maintain a minimum of 20% of the trees measuring six inches diameter or greater, at four feet height from the ground surface on the site, which can be in the required setback areas. Maintained trees shall be preserved in tree groves where feasible.
(5) Erosion prevention measures shall be properly installed as per manufacturer’s specifications or standards specified in this section to ensure that soil does not leave the property or enter surface water. Erosion prevention and sediment control measures shall remain in place until final landscaping is installed and well established.
(6) Any soil that leaves the site is the responsibility of the property owner and shall be promptly removed from the off-site area, unless that area is owned by the same property owner, and placed back on the site, or properly disposed of.
(7) The applicant shall specify the tax lot and location where soil and vegetation removed from the site will be taken for disposal, and shall provide evidence that the owner of the site is willing to accept the material.
(E) Procedure. Applicants requesting approval for any pre-development activity subject to the provisions of this section shall clearly show on their application at least the following:
(1) Areas where soils and vegetation will not be disturbed;
(2) Areas where clearing, grading, filling, or excavation will occur;
(3) The location of silt fencing placed along contour lines and constructed to city specified standards;
(4) A gravel construction entrance constructed to city specified standards;
(5) The location of natural drainageways and nearby storm drain inlets and the method used to protect the inlet;
(6) The location of drains, drainage systems, or other outfalls on the property and methods of assuring that soil particles cannot leave the site through these outfall locations; and
(7) If a site lies within a designated geologically hazardous area, contains slopes of 20% or more, or involves the clearing, grading, filling, or excavation, of more than 15,000 square feet of soil surface, the following additional erosion prevention and sediment control requirements shall also apply. In such situations:
(a) All disturbed soils and all soil stockpiles shall be covered between October 1 and March 15 with two-inch depth of mulch (straw, hay, or bark dust), erosion control blankets, or have ground covering (such as, grass) that is well-established and that provides full coverage of the ground surface; or
(b) Shall have an erosion prevention and sediment control plan prepared by a person with experience and training in this field. Such a plan must be submitted to the city and the required measures shown on the plans. Such plans shall describe the qualifications of the person preparing the report and, at a minimum, specify methods to be employed, the timing of ground disturbance, the frequency of inspection during the work period, and the maintenance requirements for each of the control methods used.
(Ord. 256, passed 4-6-2004)
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