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Chapter 155 |
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Zoning and Development |
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Table of
Contents
155.1
Introduction
155.1.1
How to Use the Development Code
155.1.2
General Administration
155.1.3
Definitions
155.1.4
Enforcement
155.2
Land Use Districts
155.2.0
Land Use District Administration
155.2.1
Residential (R-1) District
155.2.2
Community Commercial (CC) District
155.2.3
Open
Space Overlay (OS) Zone
155.2.4
Fragile Lands Overlay (FL) Zone
155.2.5
Wetland
Overlay Zone
155.2.6 Riparian
Overlay Zone 155.3
Design Standards
155.3.0
Design Standards Administration
155.3.1
Access and Circulation
155.3.2
Landscaping, Street Trees, Fences and Walls
155.3.3
Vehicle and Bicycle Parking
155.3.4
Public Facilities Standards
155.3.5
Surface Water Management
155.3.6
All Uses
155.3.7 Solar
Access
155.3.8 Traffic
Impact Studies 155.4
Applications and Review
Procedures
155.4.0
Administration
of Land Use and Development Permits
155.4.1
Types
of Applications and Review Procedures
155.4.2
Site
Review
155.4.3
Land
Divisions and Lot Line Adjustments
155.4.4
Conditional
Use Permits
155.4.5
Planned
Unit Development Procedures
155.4.6
Modifications to Approved Plans and Conditions of Approval
155.4.7
Land
Use District Map
155.4.8
Code Interpretations
155.4.9
Miscellaneous Permits 155.5
Exceptions to Code
Standards 155.5.0
Introduction 155.5.1
Variances 155.5.2
Non-Conforming Uses and Development 155.6
APPENDIX: Lot, Street, and Block Diagrams 155.6.1
Lot lines, depth and width 155.6.2
Corner Lots 155.6.3
Interior Lots 155.6.4
Thorough and double frontage lots 155.6.5
Flag Lots 155.6.6
Subdivision Street types 155.6.7
Vision Clearance Section
155.1 INTRODUCTION 155.1
Introduction Sections: 155.1.1
How to Use the Development Code
155.1.2
General Administration
155.1.3
Definitions
155.1.4
Enforcement
155.1.1 How
to Use the Development Code
Welcome
to the Dunes City Development
Code. This is a comprehensive
land use and development code that governs all of the land within the
incorporated limits of Dunes City (See Dunes City Zoning Map).
The six sections of the code are used together to review land use
applications. They are
organized as follows: 155.1 -
In addition to this brief introduction, Section 155.1 provides definitions
for selected terms and information on the legal construct of the code.
It also explains the City’s authority to enforce the Development
Code. 155.2 - Every
parcel, lot, and tract of land within the City’s incorporated boundaries
is also within a “land use district”.
(Land use districts are shown on the City’s official zoning map.)
Section 155.2 identifies the land uses that are permitted within
each district, and the standards that apply to each type of land use
(e.g., lot standards, setbacks, and use-specific design standards).
As required by state law, the zones or “land use districts”
conform to the Dunes City Comprehensive Plan.
The districts reserve land for planned land uses, provide
compatibility between different uses, and implement planned housing
densities. 155.3 - The
design standards contained in Section 155.3 apply throughout the City.
They are used in preparing development plans, and reviewing
applications, to ensure compliance with City standards for access and
circulation, landscaping, parking, public facilities, surface water
management, housing densities, and sensitive lands. 155.4 -
Section 155.4 provides all of the application requirements and procedures
for obtaining permits required by this code.
Four types of permit procedures are covered: Type I
(non-discretionary, “ministerial” decision); Type II (discretionary,
“administrative” decision); Type III (discretionary, quasi-judicial
decision with public hearing); and Type IV (“legislative” decision by
City Council). 155.5 -
Section 155.5 provides standards and procedures for variances and
non-conforming situations (i.e., existing uses or development that do not
comply with the code). This
code cannot provide standards to fit every potential development
situation. The City’s varied
geography, and complexities of land development, require flexibility.
Section 155.5 provides that flexibility, while maintaining the
purposes and intent of the code. 155.6 – Appendix: Lot, Street, and
Block Diagrams. 155.1.2 — General
Administration Sections: 155.1.2.1
Severability 155.1.2.2
Compliance and Scope 155.1.2.3
Consistency with Plan and Laws 155.1.2.4
Use of a Development 155.1.2.5
Pre-Existing Approvals 155.1.2.6
Building Permit and Certificate of Occupancy 155.1.2.7
Official Action 155.1.2.1 Severability The
provisions of this Title 15 are severable.
If any chapter, section, sentence, clause or phrase of this title
is adjudged to be invalid by a court of competent jurisdiction, that
decision shall not affect the validity of the remaining portion of this
title. 155.1.2.2 Compliance
and Scope A. Compliance
with the provisions in the Development Code.
Land and structures may be used or developed by construction,
reconstruction, alteration, occupancy and use only as this Development
Code (“Code”) or any amendment thereto permits.
No plat shall be recorded nor building permit shall be issued
without compliance with the provisions of this Code.
B. Obligation by successor. The requirements of this
Code apply to the owner(s) of record, persons undertaking the development
or the use of land, and to those persons’ successors in interest.
C. Most restrictive regulations apply.
Where this Code imposes greater restrictions than those imposed or
required by other rules or regulations, the most restrictive or that
imposing the higher standard shall govern. D. Variances.
The provisions of Section 155.5.1 shall govern variances. E.
Transfer
of development standards prohibited. No lot area, yard or other
open space or off-street parking or loading area which is required by this
Code for one use shall be a required lot area, yard or other open space or
off-street parking or loading area for another use, except as otherwise
specifically allowed by this Code. 155.1.2.3 Consistency
With Plan and Laws Each
development and use application and other procedure initiated under this
Code shall be consistent with the adopted Comprehensive
Plan of
Dunes City as implemented by
this Code, and with applicable State and Federal laws and regulations.
All provisions of this Code shall be construed in conformity with
the adopted comprehensive plan. 155.1.2.4 Use of a
Development A
development shall be used only for a lawful use.
A lawful use of a development is one that is permitted by this Code
(including non-conforming uses, subject to Section 155.5.2), and is not
prohibited by law. 155.1.2.5 Pre-Existing
Approvals A. Legality of pre-existing approvals.
Developments, including subdivisions, projects requiring
development review or site review approval, or other development
applications for which approvals were granted prior to the effective date
of this Code, may occur pursuant to such approvals, except that
modifications to development approvals shall comply with Section 155.4.6 -
Modifications to Approved Plans and Conditions of Approval. B. Subsequent development applications.
All development proposals received by the City after the adoption
of this Code shall be subject to review for conformance with the standards
under this Code or as otherwise provided by State law.
155.1.2.6 Building
Permit and Certificate of Occupancy A. Building
permit. A building permit
is required as defined in Chapter 151 of the Dunes City Code. B. Certificate of occupancy required.
To ensure completion of a development or use in the manner
approved, a development shall not be occupied and a use shall not begin
until the City has issued a certificate of occupancy following completion
of the work in substantial conformance to the applicable land use and
building permits. C. Prior to final completion.
Prior to the final completion of all work, a certificate of
occupancy may be issued for a portion of the structure conditioned upon
further work being completed by a date certain. 155.1.2.7 Official
Action A. Official Action. All
officials, departments, employees (including contractor-officials), of the
City vested with authority to issue permits or grant approvals shall
adhere to and require conformance with this Code, and shall issue no
permit or grant approval for any development or use which violates or
fails to comply with conditions or standards imposed to carry out this
Code. B. Severability.
Any permit or approval issued or granted in conflict with the
provisions of this Code shall be void.
C. Notice. The
failure of any person to receive mailed notice or failure to post a notice
shall not invalidate any actions pursuant to this Code. 155.1.3
Definitions For
the purpose of this Chapter (155), the following definitions shall apply
unless the context clearly indicates or requires a different meaning. Abate –
To end a violation of this code. Abatement – The process to end a
violation of this code. Abutting - Contiguous or adjoining. It shall include the terms adjacent,
adjoining and contiguous. Access - The area of a street right-of-way where a vehicle may
move to and from the street and an abutting property. Access Easement - An
easement recorded for the purpose of providing vehicle, bicycle, and/or
pedestrian access from a public street to a parcel across intervening
property under separate ownership from the parcel being provided access. Access Point - The connection of a
driveway at the right-of-way line to the street. Access Management -The control of access for the purpose of improving the efficiency,
safety or operation of a street for vehicular movement.
This control may include prohibiting, closing or limiting direct
access to a street from abutting properties by physical barriers (curbs,
medians, etc.), land dedication or easement. Accessible - Approachable and useable by people with disabilities.
Complies with the Americans With Disabilities Act. Accessory Building - Any
subordinate building or portion of a main building, the use of which is
incidental, appropriate, and subordinate to that of the main building. Accessory Dwelling
– A dwelling unit separate from or subordinate to the main dwelling.
Accessory dwellings are not a permitted or conditional use in Dunes
City. Accessory Use - A use incidental,
appropriate, and subordinate to the main use of a lot or building. Adjacent - Abutting or located directly across a street right-of-way. Administrative Decision - A discretionary
action or permit decision made without a public hearing, but requiring
public notification and an opportunity for appeal.
See also Sections 155.4.1.4 or 155.4.1.4. Adverse Impact - Negative effect of development that
can be measured (e.g., noise, air pollution, vibration, dust, etc.). Agriculture - The tilling of the soil,
the raising of crops, horticulture, small livestock farming, dairying
and/or animal husbandry, and the raising of Christmas trees. Alter - To change any of the
supporting members of a building or structure, such as bearing walls,
columns, beams, or girders. Alley -
A narrow street through a block primarily for vehicular service access to
the back or side of properties otherwise abutting on another street. And/or – For the purposes of this chapter the grammatical use of “and/or”
shall mean any one item or any combination of items in the phrase. Arterial - A Street of considerable continuity, which is
primarily a traffic artery for intercommunication among large areas.
Arterial streets in the City are defined as Canary Road, Clear Lake
Road, and Highway 101. Basement - A story partly or wholly
underground. A basement shall
be counted as a story for purposes of height measurement where more than
one-half of its height is above the average level of the adjoining ground. Bed and Breakfast -
Provides accommodations plus breakfast on a daily or weekly basis in an
operator‑ or owner‑occupied home that is primarily used for
this purpose. This use is operated as a commercial enterprise, encourages
direct bookings from the public, and is intended to provide a source of
income to the proprietors. Berm
- A small rise or hill in a landscape Block -
A parcel of land or group of lots bounded by intersecting streets. Block Length - The distance measured
along all that part of one side of a street which is between two
intersecting or intercepting streets, or between an intersecting or
intercepting street right-of-way, water course, body of water, or
unsubdivided acreage. Boarding Float - A platform-type
floating structure that provides a pedestrian access to and from a boat in
the water. Boathouse
– A
covered or enclosed structure used exclusively to store, shelter, or
protect a boat or boats and boating equipment A structure used in part, or
only occasionally for any purpose other than to shelter or protect a boat
or boats and boating equipment shall be considered a combination
structure. See OAR 141-082-0020(12). Bollard - A post of metal, wood or masonry that is used to separate or direct
traffic (vehicles, pedestrians and/or bicycles).
Bollards are usually decorative, and may contain sidewalk or
pathway lighting. Bond or Performance Agreement - A financial commitment by the petitioner
or subdivider executed by a state licensed surety company in an amount
equal to the full cost of construction and improvements as required in
this chapter
and conditioned upon the faithful performance thereof. Boulevard - A street with broad open space areas; typically with planted medians.
See Section 155.3.4, Sub-Section 1.F. Building - The term Building shall
mean that which is framed, erected, constructed, or placed to stand
temporarily or permanently on a parcel of land.
This definition shall specifically include a mobile home and
accessories thereto. See Structure. Building Footprint - The outline of a building, as measured around its foundation. Building Height
- The vertical
distance from the average grade to the highest point of the coping of a
flat roof or to the deck line of a mansard roof or to the average height
of the highest gable of a pitch or hip roof. Building, Main - A building within
which is conducted the principal use permitted on the lot. Building Site - The ground area of a
building or buildings, together with all required open spaces. Bulkhead - A vertical or nearly vertical bank
protection structure placed parallel to the shoreline consisting of
concrete, timber, steel, rock, or other permanent material not readily
subject to erosion [OAR 141-085-0010(19)]. Campgrounds - Any lot, tract, or
parcel of land under the same ownership where two or more campsites are
located which provide facilities for living in any manner other than in a
permanent building constructed of wood, and the like. Capacity- Maximum holding or serviceability, as used for land use, water flow,
transportation, utilities, parks and other public facilities. Carport - A stationary structure which
may be free standing or attached, and open on at least one side
consisting of a roof with its supports to shelter motor vehicles,
recreational vehicles, or boats. Cemetery - Land used or intended to be
used for the burial of the dead, and dedicated for cemetery purposes;
including columbaria, crematoria, mausoleum, and mortuaries, when operated
in conjunction with and within the boundary of such cemetery. Childcare Center, Family Childcare - See Family
Child Care Facility. Church - A building, together with its
accessory buildings and uses, where persons regularly assemble for
worship, and which building, together with its accessory buildings and
uses, is maintained and controlled by a religious body organized to
sustain public worship. City Council - The Common Council of Dunes City, which is the governing
body of the City. Clear and Objective - Relates to decision criteria and standards that do not involve
substantial discretion or individual judgment in their application. Clinic - Single or multiple offices for
physicians, surgeons, dentists, chiropractors, osteopaths, and other
members of the healing arts, including a dispensary in each such building
to handle only merchandise of a nature customarily prescribed by occupants
in connection with their practices. Club - Any organization, group, or
association supported by the members thereof, the purpose of which is to
render a service customarily rendered for members and their guests.
This shall not include any organization, group, or association of
which the chief activity is to render a service customarily carried on as
a business. Cluster - To
situate buildings close together to preserve open space, reduce the
overall land use impact of development, and reduce the amount of roads,
services and facilities needed to serve a development. The number of
living units in a cluster development shall not exceed, on the average,
one living unit per acre within the development. Collector -
Commercial - Land use involving buying/selling of goods or services as the primary
activity. Common Area - Land commonly owned to include open space, landscaping or recreation
facilities (e.g., typically owned by homeowners associations). Concept Assistance
- An informal meeting between the applicant and the Planning Commission
where a development concept is presented.
This meeting is for the exchange of information only; no action
will be taken. This step is
required by the City for subdivisions and PUDs, and is at the
applicant’s discretion for other land use actions. Conditional Use - A use which requires a Conditional Use Permit.
See Section 155.4.4. Consensus - Agreement or consent among participants. Conservation Easement - An easement that protects identified conservation
values of the land, such as wetlands, woodlands, significant trees,
floodplains, wildlife habitat, and similar resources. Corner Radius - The radius of a street corner, as measured around the curb or edge of
pavement. Cottage - see Guest House. County Recording Officer -
The director of records and elections of the County. Cul-De-Sac - A
circular area at the end of a dead-end street. Day Nursery -
See
Family
Child Care Facility.
Dead-End Street – Deciduous - Tree or shrub that sheds its leaves seasonally. |