Loading...
(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)
SIGNS
The city is known for the natural beauty of its surroundings. The perceived character of the city is an important economic asset to the residents of the area; and, by reason of the foregoing, reasonable and proper regulation of signs and advertising structures is conducive to the fullest enjoyment by the people of the community of such natural and traditional advantages and is necessary to prevent depreciation of property values in residential and commercial areas of the city. Further, unless reasonably and properly regulated, signs and advertising structures are a potential hazard to the community by reason of the structural nature, illumination, and electrification thereof.
(Ord. 314, passed 9-5-2017)
(A) Any sign lawfully existing or lawfully permitted and constructed within the time allowed by the sign permit but which is made non-conforming by adoption or amendment of this chapter is a non-conforming sign.
(B) Non-conforming signs shall be removed or brought into compliance if any of the following occurs:
(1) The sign or sign structure is moved, removed, replaced, or structurally altered. Changes in removable faces or panels are not structural alterations. Exception: when a non-conforming sign is damaged by natural events beyond the control of the owner, such as, a wind storm, the sign may be rebuilt to the same size and height, using the same types of original material. This exception does not include a sign that is damaged by lack of maintenance, such as, dry rot, rust, or similar types of damage; or
(2) The use of the property where the sign is located changes to a different use. For purposes of this section, a change in use includes situations in which services or goods offered or provided on the property are totally changed.
(Ord. 314, passed 9-5-2017)
Every sign erected, altered, or relocated within the city shall conform to the provisions of this subchapter. It does not regulate traffic and street signs erected and maintained by a road authority as defined in O.R.S. 801.445, trespass signs posted in accordance with O.R.S. 164.245 to 164.270, holiday decorations, temporary interior window signs, or the display of the national or state flag. United States flags, state flags, and federally recognized tribal flags of any quantity or size may be placed anywhere. They must meet any applicable safety standards, and shall not slow pedestrian or bicycle flow traffic or impede visibility, and shall not interfere with vehicle traffic flow or visibility. United States flag, state flag, and federally recognized tribal flag displays shall not include business, company, or commodity advertising.
(Ord. 314, passed 9-5-2017)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A-FRAME SIGN (SANDWICH BOARD SIGN). A freestanding sign which is ordinarily in the shape of an “A” or some variation thereof, which is readily moveable, and is not permanently attached to the ground or any structure.
AWNING. A shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or nonrigid materials and/or fabric on a supporting framework that may be either permanent or retractable.
AWNING SIGN. A sign displayed on or attached flat against the surface or surfaces of an awning. The entire awning shall be included in the sign area calculation when the awning is backlit and the awning material exhibits the characteristics of luminosity obtained by means of a source of illumination.
BANNER or FEATHER SIGN. A ground-mounted or building-mounted banner, pennant, flag, or similar type of sign on fabric or similar material.
BUILDING SIGN. A wall, projecting/hanging, window, or roof sign.
CANOPY; ATTACHED. A multi-sided overhead structure supported by attachments to a building on one or more sides and either cantilevered from such building or also supported by columns at additional points.
CANOPY; FREESTANDING. A multi-sided overhead structure supported by columns, but not enclosed by walls, which is installed as a permanent building structure under which vehicles can be driven.
DIGITAL SIGNS. Include signs that display text that is updated, and signs that have discrete lights or elements to display text, a symbol, or an object.
FREESTANDING SIGN. A sign which is supported by a separate independent structure and is not attached to or supported by any other building or structure.
MONUMENT SIGN. A ground-mounted sign supported from grade with a solid base that is at least 75% of the width of the sign. A MONUMENT SIGN can also be supported with multiple architectural-designed posts. Single posts are prohibited.
NON-CONFORMING SIGN. A sign which was erected legally but which does not comply with currently applicable sign restrictions and regulations.
OFF-PREMISES SIGN. Any sign used for the purpose of displaying, advertising, identifying, or directing attention to a business, service, activity, or place, including products offered for sale or sold on premises other than on the premises where such sign is displayed.
PROJECTING SIGN. A sign which is attached to the wall, overhang, or awning of a building and which projects more than 12 inches beyond the wall, overhang, or awning of the building.
PUBLIC RIGHT-OF-WAY. Land that is open and accessible as of right to the public and typically designed for travel by vehicle, on foot, or other mode of transportation. PUBLIC RIGHT-OF-WAY does not have an assigned tax lot on the County Assessor’s maps.
SIGN. An identification, description, illustration, or device which is affixed to or represented, directly or indirectly, upon a building, structure, or land, and which directs attention to a product, place, activity, person, institution, or business.
SIZE. The aggregate area of all sign display surfaces located on a single structure, but excluding posts and base that are without attached identification, description, or illustration. Two surfaces parallel and back to back on the same structure, such as, a projecting sign or two-sided monument sign, shall be considered a single display surface.
TEMPORARY SIGN. Any sign which is not permanently installed to or affixed to any sign structure or building, and is accessory to an event, election, government or institutional sponsored activity, lease, rental, or sale of limited, fixed duration. A TEMPORARY SIGN does not include an A-frame sign as identified above.
WALL SIGN. A sign attached to or painted on a wall of a building with a display surface which projects no more than 12 inches from the surface of the wall and not higher than the lowest roof edge above the building wall to which it is attached.
WINDOW SIGN. A sign attached to the inside or outside of a window and seen from the outside.
(Ord. 314, passed 9-5-2017)
(A) Except as herein provided, no sign shall be erected, replaced, altered, or relocated without the business owner first obtaining a sign permit and the property owner (if different) granting permission for a sign permit, demonstrating that the sign is or will be in compliance with all provisions of this chapter. A-frame signs, banners, and feather signs, as defined in § 152.093 of this subchapter, are exempt from sign permits.
(B) Permits are issued for specific property only. Permits may transfer with ownership, provided the signage is not altered or moved except to bring it into compliance with this section.
(C) Permits are not required for routine maintenance, nor required for changes in the text on signs.
(D) Signs conforming to the current code that are damaged by acts of nature, vandalism, or accident shall not be assessed a new sign permit fee when repaired to the pre-damaged condition. The owner of freestanding signs shall be required to obtain a building permit prior to construction.
(E) The permit application shall be forwarded to the City Planner for review and processing. Any decision of approval or denial may be appealed to the City Council. An appeal shall be heard in a manner as prescribed by the City Council. Permit application review fees and appeal processing fees shall be established, and may be revised from time to time, by resolution of the City Council.
(Ord. 314, passed 9-5-2017) Penalty, see § 152.999
Loading...