Chapter 17.34
NELSCOTT PLAN (NP) DISTRICT

Sections:

Article I. Nelscott Plan District – General Provisions

17.34.005    Definitions.

17.34.010    Purpose and overall guiding principles.

17.34.020    Nelscott district overlay zones.

17.34.030    Applicability of municipal code regulations.

17.34.040    Administration of design standards.

Article II. Nelscott Land Use Standards

17.34.050    Permitted uses.

17.34.060    General development standards.

Article III. Nelscott Design Standards

17.34.070    Purpose.

17.34.080    Block layout.

17.34.090    Buildings and structures.

17.34.100    Streetscapes.

17.34.110    Pedestrian spaces.

17.34.120    Off-street parking and circulation.

17.34.130    Pedestrian access.

17.34.140    Landscaping.

17.34.150    Signs.

17.34.160    Exterior lighting.

Article I. Nelscott Plan District – General Provisions

17.34.005 Definitions.

Note: The following definitions are informational. Where conflicts occur between the definitions below and an adopted building code, the adopted building code shall apply. For terms that are not defined below and are not defined in the building code, the reviewing authority will use its discretion in selecting from professional source materials that are most relevant to the question at hand.

“Accessibility” means the locational and design characteristics of a use, structure, or facility that permit it to be reached by one with a disability, as prescribed under the Americans with Disabilities Act and associated building codes and guidelines.

“Accessory dwelling unit” means a dwelling unit either attached to a single-family or duplex primary dwelling unit or located on the same lot, having an independent primary means of access, visually subordinate to the primary dwelling, and having a total floor area of not more than 750 square feet.

“Alcove” means a recessed section of a building’s exterior wall; may provide weather protection, outdoor seating or other pedestrian amenities.

“Basement” means the lowest story of a building where 50 percent or more of the floor is located below the grade plane.

“Belt course” means a horizontal course in a masonry wall that is of a different color, texture, size, or material and which is compatible with the overall form and architectural composition.

“Bollard” means a post of metal, wood or masonry, or a combination thereof, that is used to separate or direct traffic (vehicles, pedestrians or both). Bollards may contain sidewalk or pathway lighting.

“Clerestory” means a window that extends from the ground floor of a building to near the top of an outside wall.

“Corbel” means a projection on a building out from a masonry wall, sometimes to support a load and sometimes for decorative effect.

“Cornice” means the exterior trim of a structure at the meeting of the roof and wall.

“Facade” means the front or principal face of a building; any side of a building that faces a street, way, or pedestrian space.

“False-front” means a front wall that extends beyond the side walls or rooftop of a building to create a more imposing facade. (See also “Parapet.”)

“Fenestration” means the arrangement and design of windows and doors in a building.

“Grade” means the surface elevation of the ground.

“Guideline” means a recommended approach, parameter, example, and/or rationale for interpreting, applying, and/or modifying a standard through the site plan review process. For the purpose of site plan review, the photographs, illustrations, and diagrams contained in this chapter are intended to be used as guidelines, except where an illustration contains a specific dimensional requirement or is accompanied by the words “shall” or “must,” then the illustration is intended as a standard.

“Lintel” means a heavy horizontal beam of wood or stone over an opening of a door or window to support the weight above it.

“Medallion” means a small decorative detail used to accent a building’s exterior.

“Mezzanine” means an intermediate level between a ground floor and the upper story(ies) occupying a partial area of floor space.

“Parapet” means a low protective wall at the edge of a roof.

“Pedestrian-scale lighting” means lighting that is designed and located to illuminate a sidewalk, pathway or other area that is used principally by pedestrians. Bollards, wall-mounted lights and step lights are typical of pedestrian-scale lighting.

“Pedestrian space” means a public gathering space, such as a plaza, square, outdoor seating area, alcove, sculpture garden, or similar space, oriented to pedestrians and connecting one or more developments to the adjacent streetscape.

“Pediment” means a low-pitched gable over a portico, door or window; may be used to reduce the scale of a building facade.

“Pier” means a portion of a wall between windows, doors or other openings.

“Pilaster” means a shallow pier used to buttress a wall; or a rectangular column with a capital and base, projecting only slightly from a wall as an ornamental motif.

“Pocket park” means a small plaza or landscaped pedestrian space, typically less than one-quarter acre and not for recreational use.

“Portico” means a porch or entrance to a building consisting of a covered and often columned area; may be used to address building orientation standards where redeveloping a building to meet the front property line is not feasible.

“Public art” means artwork in the public realm, regardless of whether it is on public or private property, or whether it is acquired through public or private funding. Public art can be a sculpture, mural, manhole cover, paving pattern, lighting, seating, kiosk, gate, fountain, engraving, carving, fresco or similar artwork which is approved through design review. In evaluating public art proposals, the reviewing authority may refer to guidelines and inventories prepared by the Arts Committee, the National Trust for Historic Preservation and/or other references it deems appropriate.

“Spandrel” means the blank space between windows and successive stories; or the area between the top of a column or pier and the apex of the arch springing from it.

“Split-barrel roof” means a rounded roof that resembles a barrel split in half and resting rounded side up.

“Standard” means a requirement for the purposes of design review approval. Dimensional requirements and provisions containing the words “shall,” “must,” “not permitted,” “prohibited,” “required/requirement,” or similar prescriptive or proscriptive terms indicate the presence of a standard.

“Streetscape” means the interface between development and a public street along the development’s street frontage; it typically includes storefronts, building entrances, weather protective canopies or awnings, pedestrian spaces such as plazas and curb extensions at intersections, a building front zone along the sidewalk where outdoor seating may occur, a through zone for pedestrians, a street furnishings zone for lights, trees, and other furnishings, and on-street parking where applicable.

“Transparency (windows)” means nonreflective glass with a visible transmittance rating of 0.50 or greater, per the National Fenestration Rating Council.

“Turret” means a small tower extending above a building.

“Wayfinding sign” means a directional sign that is part of an overall sign program for a district, neighborhood, or other city-recognized area as approved through design review. (Ord. 2011-11 § 1; Ord. 2008-18 § 4, Appx. A)

17.34.010 Purpose and overall guiding principles.

The Nelscott plan district (NPD) is established to provide for the integration of residential, commercial, and recreational uses in a well-planned, pedestrian-oriented, mixed use environment. The purpose of the district is to provide maximum flexibility in land use while protecting the unique character of Nelscott. Where a proposed development meets the design requirements of this chapter, the land use approvals process should be as predictable and efficient as possible while striving for excellence in design. The NPD land use and design standards in Articles II and III are intended to ensure that projects support the following objectives:

• Integration and functionality of land uses;

• Connecting Nelscott to the ocean;

• Respecting neighborhood transitions;

• Designing for the climate;

• Aesthetics and context-sensitive design;

• Balancing durability and affordability.

A. Integration and Functionality of Land Uses. Connections between building entrances, sidewalks and associated pedestrian areas should be made to encourage visual and physical integration with a strong sense of place. Due to the small parcel sizes and limited right-of-way widths within Nelscott, developments should maximize the opportunity to consolidate and share parking, for example, by sharing driveways. Where such connections are not practicable, site plans should maximize the opportunity to provide shared parking serving multiple developments.

B. Connecting Nelscott to the Ocean. Nelscott has a network of east-west streets and alleys providing visual and, in some cases, physical access to the beach. The area is defined by village-scale storefronts, beach cottages and hotels nestled between rolling hills, shore pines, and the ocean. While the city recognizes that it is not possible or practical to preserve all views of the ocean, new projects should be designed to take advantage of ocean views while maintaining view corridors from adjacent rights-of-way and pedestrian spaces to the greatest extent practicable.

C. Respecting Neighborhood Transitions. Developments on the edge of the Nelscott Plan District should be made compatible with abutting single-family residential uses outside the plan district – particularly the single-family dwellings and cottages to the north. The design standards for Nelscott are intended to address compatibility through height, mass, scale, materials, detailing, setbacks and other elements.

D. Designing for the Climate. Temperatures in Lincoln City vary widely and it can rain any day of the year. People like being outside and will often walk from place to place even when it’s raining. Nelscott has many visitors in the summer and more people are making it their home, or second home. Therefore, buildings should be designed to withstand high winds, as storms can generate winds of 100 miles per hour. Rooflines should not be overly complex and should have proper drainage for rainwater. Roofs should shed and drain water away from building openings, parking, refuse storage areas and other such areas. Commercial buildings should incorporate canopies, awnings, porticos or similar weather protection features. Pedestrian amenities such as plazas and outdoor seating areas should take advantage of southern exposures and be protected from the wind, to the greatest extent practical.

E. Sustainability. In order to reduce the environmental and energy effects of development, sustainable building practices are encouraged. Permeable pavements for driveways, walkways, and parking areas are encouraged, as is energy conservation in construction. Site designs should maximize the preservation of existing mature vegetation and should provide for on-site storm water quality treatment and management such as through providing bioswales or other natural water treatment features.

F. Aesthetics and Context-Sensitive Design. Nelscott’s aesthetic is rooted in the area’s eclectic mix of beach cottages, hotels, and the Nelscott Strip nestled between rolling hills, shore pines, and the ocean. The Nelscott Plan District encourages new development and redevelopment that honors the past while providing a contemporary interpretation of the area’s architecture and history. The predominant building materials are painted or natural-stain wood siding (shingle, lap, or board-and-batten), masonry block, brick and stone. Detailing may include any of these materials, as well as limited use of metal or vinyl for canopies, building detailing (e.g., flashing, roof gutters, drains, etc.), signs, art, and other detailing.

While each project is unique, the Nelscott design standards (Article III) are intended to provide clear and consistent standards. The standards discourage overly thematic, “formula” architecture, or designs used by retailers, national chain stores, franchises and other companies with stores or offices in multiple locations; provided, that corporate logos, art and similar commercial speech are not restricted.

G. Balancing Durability and Affordability. Balancing durability and affordability means that the city is practical in administering its codes. Great design does not have to be expensive. Sound design principles, quality workmanship, long-lasting materials, and routine maintenance are all important. Historically, development in Nelscott has been characterized by relatively simple building forms with moderate detailing and ornamentation. Traditional materials such as wood, stone, and brick are preferred, but other materials such as architectural-grade composite boards, shingles and trim may be used when it is demonstrated that the material is durable and fits the overall composition of the proposed design. Project designs should respect the past, while being practical and durable for the future. (Ord. 2008-18 § 4(1)(A))

17.34.020 Nelscott district overlay zones.

The NP district consists of three subdistricts as shown on the Zoning Map in Exhibit A attached to the ordinance codified in this chapter.

A. Nelscott Business District (NBD). The intent of this zoning subdistrict is to encourage and enhance the traditional character of the Nelscott commercial core along Highway 101 and to concentrate the businesses in a pedestrian-friendly manner. The emphasis in this subdistrict is on providing retail, commercial, and personal services for the neighboring residents and visitors.

B. Nelscott Cottage Residential (NCR). The intent of this zoning subdistrict is to encourage and enhance the traditional character of the Nelscott residential areas located west of Highway 101. The emphasis in this subdistrict is on preserving and protecting the traditional cottage heritage in a family-friendly, pedestrian-oriented environment.

C. Nelscott Beachside Mixed Use (NBMU). The intent of this zoning subdistrict is to provide for a variety of small-scale beach-oriented commercial and residential uses in a family-friendly environment. (Ord. 2008-18 § 4(1)(B))

17.34.030 Applicability of municipal code regulations.

A. Applicability. The provisions of the Nelscott Plan District, in addition to all other applicable regulations of this title and other city ordinances, shall apply to all uses of land and development within the NP district.

B. Redevelopment and Remodels. Where an existing use or development is proposed to be modified through redevelopment or exterior remodeling, the standards shall apply only to that portion of the use or development that is to be modified; where more than 50 percent of the use or development is to be modified, the reviewing body may require the entire development to conform to the provisions of this chapter, as provided in subsection (E) of this section.

C. Burden of Proof. The applicant has the burden of proof of demonstrating conformity with the standards and criteria of this chapter.

D. Ordinance Conflicts. Where conflicts occur between this chapter and other Lincoln City Municipal Code regulations, the provisions of this chapter shall apply.

E. Nonconforming Situations. Existing uses and/or developments that do not conform to the provisions of this chapter, but were established lawfully prior to the city adopting this chapter, shall be allowed to continue, as provided in Chapter 17.64 LCMC, Nonconforming Situations, except, however, that a nonconforming residence that is destroyed by any cause to an extent exceeding 50 percent of the appraised value as determined by the records of the county assessor for the year preceding destruction may be rebuilt within the same footprint. To the extent any such rebuilt residence is expanded, including a vertical expansion, the area of expansion must conform to the NP regulations. (Ord. 2008-18 § 4(1)(C))

17.34.040 Administration of design standards.

A. Site Plan Review. The design standards will be applied to commercial development (including mixed use and multifamily dwellings, but not including single-family or two-family dwellings) that must receive approval through the city’s site plan review process during that process and prior to issuance of building permits. Single-family or two-family dwellings are subject to the design standards requirements relating to block layout and must receive approval through the building permit review process. The planning director may refer any site plan review application to the planning commission for a public hearing when:

1. The applicant has requested an adjustment or modification to one or more Nelscott code standard(s), as provided in subsection (C) of this section; or

2. The applicant requests a hearing; or

3. The planning director determines that the size or scale of the development (relative to its appearance, traffic generation, parking, or other characteristics) warrants a public hearing.

B. Design Standards Versus Guidelines. The code sections that follow provide intent statements, followed by standards and guidelines. Most sections contain objective standards and approval criteria; however, some criteria require the reviewing body to apply discretion. Where discretion is involved, the code provides guidelines to assist the reviewing body in evaluating a proposal. The following further explains the relationship between intent statements, standards and guidelines.

1. Intent statements are not applicable approval criteria, except requests for adjustments or variance must demonstrate how the proposal conforms to the code’s intent.

2. Standards use the words “shall” or “must” and are mandatory.

3. Guidelines use the words “should,” “may,” “preferred,” and “discouraged,” and are advisory. Guidelines supplement the standards and provide examples of acceptable or unacceptable design. Guidelines also assist in reviewing requests for adjustments and variances and may serve as the basis for approval, denial, or approval with modifications in such instances.

4. Graphics are used to illustrate standards and guidelines. They are not intended to prescribe a particular design but serve as examples of acceptable or unacceptable design solutions.

5. Standards and guidelines both serve as approval criteria, but the reviewing body is afforded greater latitude in applying guidelines. Where the word “should” is used, the applicant must demonstrate that the proposal is consistent with the guideline, or that applying an alternate design solution is consistent with the code’s stated intent. Where a guideline conflicts with any code standard, the standard shall prevail.

6. In the case of a proposed variance or adjustment to a code standard, the applicant must demonstrate how the variance or adjustment results in equal or greater conformity to the intent of the code and all other applicable standards and guidelines.

7. Nullification of one standard or guideline by a court of competent jurisdiction shall not cause any other standard or guideline to be nullified.

C. Adjustments/Modifications to the Standards. The standards contained in this chapter may be adjusted or modified without the need for a variance if the applicant demonstrates that:

1. The chapter’s guiding principles and the intent statement(s) under the applicable standard to be adjusted can be better met through a proposed alternative design solution; or

2. There are practical difficulties in meeting a standard based on the necessary characteristics of an allowed use. In such cases the design must provide other features that tend to meet the goal of the standard (such as a trellis with vines, a sculpture, or a pergola).

Where the code language suggests more than one way to meet a particular standard, the applicant is encouraged to be creative and propose the most appropriate design solution given the site’s context and the purpose of the code. The decision-making body shall refer to the guiding principles in LCMC 17.34.010, the purpose in LCMC 17.34.070, and the intent under each standard in making its decision; the purpose, guiding principles and intent statements shall serve as the approval criteria for adjustments.

D. Incentives for Design Excellence. The city encourages excellence in design. Projects that provide superior pedestrian spaces, pedestrian amenities, public art, alleys, shared parking, or superior architecture may be rewarded, for example, with reduced off-street parking requirements, reduced lot sizes, increased allowable building coverage, and/or assistance from the city’s urban renewal program. These “incentives” are in addition to the “adjustments” provided in subsection (C) of this section. In granting incentives, the hearing body shall find that the incentive results in a design that is superior to what is required under the base standard(s), and is consistent with one or more of the following guidelines:

1. Integration and Functionality of Land Uses. Mixed use projects combining upper-story residential uses with ground floor commercial or civic uses are preferred over single-use developments in the NBD and NBMU subdistricts.

2. Connecting Nelscott to the Ocean. Oceanfront projects that provide the public with physical beach access are preferred over those that provide only visual access or no access at all. Nonoceanfront projects should maintain views of the ocean from public rights-of-way where such views currently exist. Where a project results in diminished ocean views, the decision body may consider other mitigating circumstances in approving an incentive, such as the provision of pedestrian spaces (e.g., plaza) or public parking facilities in the vicinity that enable the public to more easily access the shoreline.

3. Respecting Neighborhood Transitions. Where an applicant requests an exception to the maximum building height standards abutting a residential zone, the project must incorporate mitigating design features, such as additional open space or buffering adjacent to residential uses. Applicants are encouraged to do neighborhood outreach prior to submitting site plans to the city for review. The applicant’s efforts to engage the public (e.g., through a design charrette) prior to submitting a site plan application may influence the decision body in approving or denying incentives.

4. Designing for the Climate. Design elements that show special attention to the Nelscott climate, such as innovative rain protection features, wind protection features, and solar exposure features, are encouraged. Projects going beyond basic wind and rain protection and taking advantage of solar exposure are preferred over projects that do not.

5. Sustainability. Incentives may be appropriate for projects incorporating green building practices, such as the preservation of existing mature vegetation, use of water quality treatment in parking lots, rooftops, and landscapes, use of renewable energy, and energy conservation in construction. Projects eligible for green certification through a nationally recognized program (e.g., Leadership Through Energy and Environmental Design (LEED) or similar program approved by the city) are preferred over those that do not meet such criteria.

6. Aesthetics and Context-Sensitive Design. Architecture that goes beyond base code requirements and achieves the vision contained in the Nelscott Redevelopment Plan is preferred over architecture that merely conforms to the base code requirements. For example, corner properties along Highway 101, particularly those in gateway locations, should incorporate a tower or other signature architectural feature. Oceanfront designs should be superior in both their street-fronting elevation as well as their ocean-fronting elevation.

7. Balancing Durability and Affordability. In granting incentives, preference may be given to projects providing affordable workforce housing or affordable commercial space to small businesses (except overnight accommodations). “Affordable housing” means households earning less than the area median income pay no more than 30 percent of their income toward housing costs. Where incentives are provided, the reviewing authority may require the applicant/owner to record deed restrictions or provide other assurances that the subject housing remains affordable for not less than 10 years. (Ord. 2010-06 § 5; Ord. 2008-18 § 4(1)(D))

Article II. Nelscott Land Use Standards

17.34.050 Permitted uses.

Table 17.34.050.A identifies the land uses allowed in the each of the three Nelscott subdistricts. Uses permitted subject to site plan review are identified with “P”; those that are allowed subject to conditional use permit are identified with “C”; prohibited uses are identified with “N.” If a use is not listed, the planning commission may interpret the code and make a similar use ruling following the procedure for authorization of similar uses found in LCMC 17.52.020.

Table 17.34.050.A – Land Uses Allowed in Nelscott 

Uses	Status of Use in District
Use Categories	Business District	Cottage Residential	Beachside Mixed Use
Residential Categories
Single-family dwelling	P	P	P
Attached single-family dwelling	P	N	P
Duplex or two-family dwelling (when developed on a minimum 7,000-square-foot lot)	P	P	P
Accessory dwelling unit, accessory to single-family dwelling or duplex, subject to compliance with design guidelines	P	P	P
Primary use of a single-family dwelling as a vacation rental dwelling, subject to LCMC 17.80.050	P	N	P
Multiple-family dwellings	P	N	P
Mixed use – dwelling(s) above or abutting a ground floor commercial use – dwelling(s) below a ground floor commercial use fronting on Highway 101	P N	N N	P P
Commercial Categories
Drive-up/drive-in/drive-through (drive-up windows, ATMs, similar uses/facilities) – lawfully existing as of June 1, 2008 – new or expanded use	P N	N N	N N
Walk-up windows, ATMs, similar uses/facilities	P	N	P
Bed and breakfast inn, per LCMC 17.80.060	P	P	P
Educational services, not a school (e.g., tutoring or similar services)	P	P	P
Entertainment, major event	P	N	P
Overnight accommodations, except bed and breakfast inns	P	N	P
Offices	P	N	P
Outdoor recreation, commercial	CU	N	CU
Surface parking lot, except for public facilities and parking as an accessory use	CU	CU	CU
Vehicle servicing or vehicle repair	N	N	N
Retail sales and service, excluding drive-up	P	N	P
Retail sales and service, greater than 60,000 square feet	N	N	N
Self-service storage	N	N	N
Industrial Categories
Industrial service, excluding drive-up – fully enclosed (e.g., office) – not enclosed	CU N	N N	N N
Manufacturing and production in conjunction with an allowed commercial use – fully enclosed – not enclosed	CU N	N N	N N
Warehouse and freight movement	N	N	N
Waste-related, except as accessory to a primary permitted use	N	N	N
Wholesale sales – fully enclosed – not enclosed	CU N	N N	N N
Institutional Categories
Basic utilities	P	P	P
Colleges	CU	N	N
Government use	P	CU	CU
Day care, adult or child day care; does not include family day care (16 or fewer children) under ORS 657A.440	CU	CU	CU
Nursing home, assisted living facility, hospital, rest home, sanitarium, and similar uses	CU	N	N
Parks and open space – pedestrian amenities – parks and recreation facilities – other open space	P P P	P P P	P P P
Religious institutions and houses of worship	CU	CU	CU
Schools	CU	CU	CU
Other Categories
Accessory structures (with a permitted use)	P	P	P
Community gardens and market gardens not larger than 12,500 square feet, in accordance with the standards of LCMC 17.80.080	P	P	P
Gardens and animals, accessory to a permitted use and subject to the provisions of LCMC 17.80.080	P	P	P
Radio frequency transmission facilities such as mini-cell antennas and wi-fi antennas Stand-alone wireless communication facilities Essential emergency communications facilities	CU N P	CU N P	CU N P
Transportation facilities (operation, maintenance, preservation, and construction in accordance with the city’s transportation system plan)	P	P	P

(Ord. 2009-05 § 15; Ord. 2009-02 § 7; Ord. 2008-18 § 4(2)(A))

17.34.060 General development standards.

Except as modified through the procedures in LCMC 17.34.040(C) and (D), the development standards in Table 17.34.060.B apply to all Nelscott uses and development.

Table 17.34.060.B – Development Standards 

Standard	Business District	Cottage Residential	Beachside Mixed Use
Minimum Lot Area* (square feet) *Development must conform to lot width, depth, yard setback and coverage standards – Detached single-family dwelling – Attached single-family dwelling – Other structures	3,750 sq. ft. 3,750 sq. ft. 3,750 sq. ft.	3,750 sq. ft. Not applicable 3,750 sq. ft.	3,750 sq. ft. 3,750 sq. ft. 3,750 sq. ft.
Maximum Dwelling Unit Density – Single-family dwelling – Duplex or two-family dwelling – Multiple-family dwelling1	One unit per 3,750 sq. ft. Two units per 7,000 sq. ft. As in R-M zone (high density)	One unit per 3,750 sq. ft. Two units per 7,000 sq. ft. Not applicable	One unit per 3,750 sq. ft. Two units per 7,000 sq. ft. As in R-M zone (high density)
Minimum Lot Width	50 ft.	35 ft.	50 ft.
Minimum Lot Depth	50 ft.	50 ft.	50 ft.
Building/Structure Height Maximum height (see exceptions in LCMC 17.34.090(B)(2)(a)) Minimum height	45 ft. 18 ft.	35 ft. None	35 ft. None
Fences, retaining/garden walls Max. height – Front and street yards Max. height – Interior side and rear yards	3.5 ft. 6 ft.	3.5 ft. 6 ft.	3.5 ft. 6 ft., except as may be prohibited in coastal zone
Building Coverage Maximum building coverage (footprint of building including projections such as balconies, cantilevers, etc.)	90%	35%2	80%
Min. Landscape Area (% site area), except does not apply to single-family dwellings. Landscape area may include plant areas and approved pedestrian spaces. Street trees and other street frontage landscaping included. Single-family and duplex development is subject to landscaping standards in LCMC 17.52.100.	10%	10% (may be reduced to 5% where at least one significant shore pine is preserved on site, subject to site plan review)	10% (may be reduced to 5% where at least one significant shore pine is preserved on site, subject to site plan review)
Minimum Setbacks (feet): (See also LCMC 17.34.090(B)(2)(h)(ii), Height Step-Back) Front, street, side, and rear property lines, except garage or carport, and subject to building code Garage/carport entry, setback from street Alley or walkway, building setback from alley or walkway	0 ft., except as required for utility easements; single-family dwellings subject to NCR standards 20 ft. 5 ft.	5 ft. for one-story dwellings, 7.5 ft. for more than one-story dwellings 20 ft. 5 ft.	10 ft.; single-family dwellings subject to NCR standards 20 ft. Not applicable
Build-To Line (feet): New buildings only: At least one primary building entrance shall be built no farther from the street right-of-way than the build-to line; except where a greater setback is required for a planned street improvement, then the build-to line increases accordingly. The build-to line may also be increased through site plan review when pedestrian amenities are provided between a primary building entrance and the street right-of-way	10 ft.	Not applicable	Not applicable
Special setback for planned street improvements	30 feet from the street centerline where the ultimate right-of-way width is 60 feet; 24 feet from the street centerline where the ultimate right-of-way width is 48 feet; 15 feet from the street centerline where the ultimate right-of-way width is 30 feet.

1.    Multifamily dwellings must meet the standards of LCMC 17.20.100.

2.    For lawfully created, pre-existing lots between 3,000 and 4,000 square feet, the maximum building coverage is 40 percent. For lawfully created, pre-existing lots smaller than 3,000 square feet, the maximum building coverage is 50 percent.

(Ord. 2010-06 §§ 5, 6; Ord. 2008-18 § 4(2)(B))

Article III. Nelscott Design Standards

17.34.070 Purpose.

The Nelscott design standards are intended to implement the vision for Nelscott, specifically to help ensure that new buildings and rehabilitated existing buildings convey an image consistent with local history and the Oregon coastal environment. The standards reflect the following values and objectives:

• Retain Nelscott’s compact, walkable character and the traditional small-scale commercial development in the Highway 101 commercial area;

• Promote the formation of pedestrian-friendly facilities and structures;

• Encourage architectural variety, consistent with the eclectic character of Nelscott; provided, that new development creates a close, intimate human scale and architectural design addresses all four sides of a building;

• Encourage the use of contextually appropriate materials, textures and colors;

• Create vibrant pedestrian spaces (e.g., plazas, public art, cafe seating areas, etc.); pedestrian spaces should help identify Nelscott, create intrigue, and offer weather protection and comfort to pedestrians while adding value to the district;

• Break down large building masses and provide visual interest along the street;

• Balance rhythm and continuity – encourage creativity in the design of building elevations, rooflines and facade elements;

• Retain the small-scale beach cottage character of the interior residential area. (Ord. 2008-18 § 4(3)(A))

17.34.080 Block layout.

A. Intent. New development and redevelopment projects should reinforce the historic street grid of Nelscott. Commercial and mixed use buildings should be placed at or near the sidewalk edge and parking should be set back behind or beside such buildings. Parking should be provided on-street where shoulders are approved to accommodate parking spaces or bays. By maintaining the integrity of Nelscott’s historic form, land is used efficiently, traffic is distributed evenly, and new development contributes to a cohesive, pedestrian-friendly district.

B. Standards.

1. Rights-of-Way.

a. New development and redevelopment projects that are projected to generate additional vehicle and/or pedestrian traffic may be required to dedicate rights-of-way and/or improve abutting streets and walkways.

b. Street and walkway right-of-way shall not be vacated, except where it is demonstrated that the development will improve the pedestrian environment.

2. Street Access.

a. New vehicle access to Highway 101 is discouraged. Access to Highway 101 and connecting streets is subject to the provisions of Lincoln City highway access standards. The city or ODOT may require vehicle access be provided from side streets, and existing highway approaches be consolidated as a condition of development approval.

b. The alignment of streets and walkways shall be maintained in new development to ensure connectivity from block to block. The city may require the extension and improvement of a walkway as a condition of development approval. Walkway extensions shall be 10 to 20 feet in width (consistent with the existing width of the walkway), subject to site plan review.

c. Walkways shall be contained in a public right-of-way or public access easement improved to city standards.

3. Buildings Abutting Interior Parking Areas. Where a block is planned to contain an interior parking area (i.e., served by an alley or shared access drive), buildings abutting the parking area shall provide entrance(s) opening onto it or be connected to the street by a continuous pedestrian walkway (e.g., between buildings). Buildings and development shall not be configured in a way that precludes public access to such public parking facilities. (See also LCMC 17.34.090 through 17.34.130.) (Ord. 2008-18 § 4(3)(B))

17.34.090 Buildings and structures.

A. Single-Family Dwellings and Duplexes.

1. Intent. The guidelines for single-family dwellings and duplexes are intended to help ensure that new buildings and rehabilitated dwellings convey an image consistent with local history and the Oregon coastal environment. Clear and basic building forms and quality design details are preferred.

2. Incentives.

a. Accessory Dwelling Units. A dwelling that complies with at least four of the five guidelines below is eligible for an accessory dwelling unit.

b. Building Coverage. A dwelling that complies with at least four of the five guidelines below is eligible for increased building coverage of 10 percent. For example, if a dwelling would be allowed 35 percent building coverage without compliance, with compliance it would be entitled to 45 percent building coverage.

3. Guidelines.

a. Roofs. Roofs should be pitched, not flat, and should include dormers, gables, and eave trim that enrich the visual quality of the community. High quality architectural embellishments are encouraged.

b. Facades. The facades are the fronts of the dwellings and convey the relationship of the building to the street and neighborhood. They include windows, doors, shutters, awnings, molding, porches, steps, stoops, and other design elements arranged to convey the character of the building. One- to two-story homes are encouraged. Porches are common in Nelscott and should be provided unless the configuration of the lot precludes it. High-quality exterior woodwork and attention to detail elements is encouraged. Garage entrances should not be a part of the primary building facade.

c. Chimneys. In Nelscott many buildings include unique chimneys of varying shapes that are sheathed with a range of materials including stone, brick, and wood shingles. Dwellings should include chimneys as design elements.

d. Texture and Materials. In Nelscott many homes use textures and materials that relate to elements of the local natural environment, such as river rock chimneys, wood shingled siding, brick, and exposed aggregate paving. Dwellings should make use of high-quality natural materials and should be sided with historic wood materials such as shingles, clapboard, bevel siding, or board-and-batten. Foundations should be faced with rock.

e. Landscape Materials. These include trees, shrubs, grasses, fences, walls, outdoor lighting, walkways and other hard surface gathering areas. Landscape materials add value to homes by enhancing the outdoor space and relate to the architecture of the building and surrounding areas. River rock and quarry stone are equally suitable for walls in Nelscott. Landscape materials should predominately incorporate native materials such as wood and rock and hardy native plantings. The front yard should consist primarily of landscaping, and should not be dominated by paved parking areas.

B. Multifamily Dwellings and Commercial Buildings in the Business District and Beachside Mixed Use District.

1. Intent. The Nelscott Strip, the eclectic group of buildings existing along Highway 101, is an iconic element of Nelscott’s image. Commercial development and redevelopment along the highway should continue the pattern established in the existing Nelscott Strip. Therefore building design standards for the business district draw on the design elements characterizing the strip while allowing for design variety. In the Beachside mixed use area, the building design standards draw on the cottage-scale development that exists there now. It is not the city’s intent to create an architectural theme or to freeze time. The design standards are not meant to halt progress or restrict property rights, but rather to ensure that new buildings and remodels fit within the context of their surroundings and support a compact, pedestrian-oriented district. In this way, the city can ensure that Nelscott retains its sense of place, vitality and economic base.

The key elements of the building design standards are:

• Eclectic coastal architecture, including commercial and mixed use development;

• Building height and articulated facades that create a sense of street enclosure at a human scale;

• Contextually appropriate materials, textures and colors;

• Storefront character (windows, pedestrian shelter, furnishings, etc.);

• Adaptable building styles that comfortably accommodate commercial and mixed land uses;

• A diversity of building facades and rooflines that fall into a consistent rhythm;

• Corner lots as focal points with vertical elements, furnishings and public art.

2. Standards.

a. Height. The maximum allowable height is 45 feet in the Nelscott Business District and 35 feet in the Nelscott Beachside Mixed Use District, except that in the Nelscott Beachside Mixed Use District buildings in existence on July 1, 2008, that exceed a height of 35 feet shall continue to be considered conforming and may be rebuilt if destroyed by any cause to an extent exceeding 50 percent of the appraised value (expansions of such buildings must conform to the 35-foot height limit). Chimneys, spires, towers, and other architectural projections exceeding the allowed height may be allowed through site plan review. To the extent they are permitted, building stories and projections exceeding 35 feet in height must be recessed behind the next lower building stories by not less than 10 feet, unless a lesser recess is allowed through site plan review on the basis of superior architectural design or as described in subsection (B)(2)(h)(ii) of this section.

b. Building Form.

i. Overall Form. Architectural designs shall address all four sides of a building. The predominant form abutting Highway 101 is a generally “flat” elevation on the lowest story with any recesses or projections (“articulations”) appearing subordinate to the dominant rectangular form. Upper stories generally are accommodated within gables and dormers (either gable or shed). New buildings should reflect the predominant form while expressing individuality, for example with vertical elements such as cupolas, turrets or towers on corner properties. New buildings should not mimic any other building in their form or detailing.

ii. Stepped Rooflines. Height shall vary from building to building to avoid a homogeneous appearance. This standard is met by using either stepped rooflines or slightly dissimilar overall height (i.e., building-to-building). Abrupt changes in height between buildings can be managed by having the taller building follow the horizontal lines of the shorter building along the first two floors and reference elements or detailing of the shorter building(s) on its upper stories. See also subsection (B)(2)(c) of this section.

iii. Roof Form. Side-facing gable roofs are the predominant roof form in the Highway 101 area, usually incorporating front-facing dormers, and this form shall be followed on new buildings. Shed roofs sloping to the rear are allowed as well. Mansard roofs, including false mansards (applied forms without windows), are discouraged and A-frame buildings and other nontraditional Nelscott forms are prohibited.

c. Storefront Character.

i. Fenestration (Windows and Doors).

(A) Applicability. The window transparency requirement does not apply to the auditorium portion of a theater (but does apply to the lobby and concession area), to the guestroom portion of a motel, hotel, or resort (but does apply to the lobby and other portions), or to multiple-family dwellings (but does apply to the commercial parts of mixed use buildings incorporating multiple-family dwellings).

(B) Standard. Consistent with the desired storefront character, buildings shall provide large display windows, windowed doors and transom windows. The ground floor, street-facing elevation of all buildings shall contain at least 60 percent transparent windows, measured as a section extending the width of the street-facing elevation between the building base (or 30 inches above the sidewalk grade, whichever is less) and a plane 80 inches above the sidewalk grade. Upper floors may have less window area, but should follow the vertical lines of the lower level piers and the horizontal definition of spandrels and any cornices. Buildings without a street-facing elevation, such as those that are set back behind another building and those that are oriented to a pedestrian space (e.g., side plaza or court), shall meet the 60 percent transparency standard on all elevations abutting pedestrian spaces and on elevations containing a primary entrance.

d. Building Orientation. New buildings shall conform to the build-to line requirements in LCMC 17.34.060. Primary building entrances shall be oriented to a front yard or a side yard, consistent with the build-to line requirement.

e. Primary Entrances. Buildings shall have clearly defined primary entrances. Primary entrances for buildings fronting onto Highway 101 shall be oriented to the highway or a corner where the highway and a side street meet. Buildings on other streets shall have primary entrances oriented to a street, court or walkway. All primary entrances shall be covered for a depth of not less than five feet; either by recess, overhang, canopy, portico and/or awning extending at least five feet over the entrance. See also subsection (B)(2)(n) of this section, Pedestrian Shelters.

f. Secondary Entrances. Buildings with more than 90 feet of frontage on a street shall have a second entrance oriented to that street. Buildings adjacent to an internal parking area shall provide a secondary entrance in conformance with LCMC 17.34.080(B)(3). (See also this section and LCMC 17.34.100, Streetscapes.)

g. Armature of the Block. Buildings fronting Highway 101 or Anchor Avenue shall give the impression of being individual, small-scale structures. This may be accomplished by providing a minimum six-foot separation between individual buildings, by a significant change in roofline combined with changes in cladding material and recessed entryways at the point of change, or by other means approved by the reviewing authority. Building separations shall contribute positively to the pedestrian environment, for example by providing a pedestrian space, a pedestrian access way to a parking facility, or an access to residences located on an upper building story or behind a commercial use.

h. Building Mass.

i. Traditional Building Pattern. Buildings shall incorporate offsets or divisions in the facade to express the traditional lot pattern and building width of Nelscott. Changes in facade material, window design, facade height or decorative details are examples of techniques that should be used. These variations should be expressed throughout the width of the structure such that the composition appears to be a collection of smaller buildings or storefronts.

ii. Height Step-Back. For properties fronting Highway 101, portions of a building exceeding two stories shall be set back on the street sides of each successive story of the building above the second story a minimum of 10 feet from the next immediate lower story. The purpose of the height step-back is to maintain the appearance of a shorter building from the street and to provide for light filtering down to the street. Note: Height step-backs also apply along the east-west (numbered) streets for the purpose of protecting coastal views and solar access, per subsection (A) of this section. The planning and community development director may approve an adjustment waiving the above standard for a portion of a building incorporating a signature vertical element (e.g., clock tower) on a street corner, as recommended in subsection (B)(2)(l) of this section. Any projection exceeding 45 feet shall not contain habitable floor space.

iii. Street Level/Upper Floor. The distinction between street level and upper floors shall be established, for example, through the use of awnings, canopies, belt courses, or similar detailing, materials and/or fenestration.

i. Accessibility. Accessibility shall be provided consistent with applicable building codes. Where wheelchair ramps are required, the ramp design shall incorporate materials and detailing similar to the base of the building.

j. Openings.

i. Ground Floor Windows. Ground floor elevations shall conform to subsection (B)(2)(c)(i) of this section. Decorative detailing and ornamentation around windows (e.g., sills, corbels, medallions, pediments, or similar features) is encouraged.

ii. Upper Floor Windows. Upper floor window orientation should be primarily vertical, or have a width that is no greater than the width of the ground floor windows.

iii. Projecting Windows, Display Cases. Where windows, flower boxes or display cases break the front plane of the building on its ground floor, such items shall not encroach into a required sidewalk clear zone. For durability and aesthetic reasons, display cases, when provided, shall be part of the building (not affixed to the exterior) and integrated into the building with trim or other detailing.

iv. Entrances. Ground level entrances shall be recessed behind the front facade not less than three feet and be at least partly transparent, except transparency is not required on entrances to residences. This standard may be met by providing a door with a window(s) or sidelights beside the door.

v. ATMs and Service Windows. Where ATMs or service windows are proposed on any street-facing elevation, they shall be visible from the street for security and have a canopy, awning, or other weather protection shelter.

vi. Corner Entrances. Buildings on corner lots should have corner entrances. Such entrances are not required to be recessed, but shall have an awning or canopy for weather protection. Where a corner entrance is not provided, the building plan shall provide for a corner plaza consistent with LCMC 17.34.110, or the building shall provide architectural features that honor the corner as a pedestrian space; such features may include but are not limited to an alcove with seating, public art (e.g., sculpture or fountain), a vertical building element such as a tower (e.g., clock tower), or other feature approved through site plan review. (See also LCMC 17.34.110, Pedestrian spaces.)

vii. Remodels. The scale and proportion of altered or added building elements, such as the size and relationship of new windows, doors, entrances, columns, weather protection shelters, and other features shall be visually compatible with the overall composition of the building (i.e., including building materials, color, detailing, etc.).

k. Horizontal Rhythms.

i. Traditional Lot and Building Pattern. Street-facing elevations shall be articulated not less than once every 25 feet to maintain a pedestrian scale and to avoid blank walls. Other elevations may be articulated less frequently but should complement the overall building design. The approving authority may require detailing on a zero-lot-line elevation to reduce the apparent scale and avoid blank walls, i.e., until an abutting property develops.

ii. Horizontal Lines. New building designs and exterior remodels shall establish prominent horizontal lines and avoid blank walls. Examples of such horizontal lines include: base materials and detailing below a series of storefront windows, awning or canopy lines, belt courses between building stories, and cornice or parapet lines. It is not necessary for new lines to match existing lines.

iii. Ground Floor/Upper Floor Division. A clear visual division shall be maintained between the ground level floor and upper floors, for example, through the placement of windows, transoms, canopies, awnings, and signage. The majority of signage should be placed on the ground floor elevation (e.g., sign bands, canopy signs, or blade signs).

l. Vertical Lines. New construction or front elevation remodels should reflect a vertical orientation, either through breaks in volume or the use of surface details, to divide large walls and create a pedestrian scale. Building massing for corner properties on Highway 101 should accentuate the corner location with a vertical element. See also LCMC 17.34.080, Block layout.

m. Materials and Color.

i. Primary Materials. Exterior building materials shall predominately consist of painted or natural stain wood, stone, brick, rusticated concrete block (warm earth tones) or comparable cladding. Rough-hewn wood, timbers and metals may be used as accents but not as the primary exterior cladding. See also subsection (B)(2)(m)(ii) and (iii) of this section, Secondary Materials and Substitute Materials.

ii. Secondary Materials. Any of the primary materials listed in subsection (B)(2)(m)(i) of this section may also be used as secondary materials or accents. Metals such as copper, steel, iron, bronze and similar appearance metals may be used as trims or accents (e.g., flashing, weather protection features, ornamentation, etc.) when compatible with the overall building design, and subject to review and approval through site plan review.

iii. Substitute Materials. Substitute materials that are equal in appearance and durability to those in subsection (B)(2)(m)(i) of this section may be approved at the discretion of the reviewing authority through site plan review. The applicant will be required to provide specifications from the manufacturer.

iv. Color. Color schemes should be simple and coordinated over the entire building to establish a sense of overall composition. Color schemes should tie together signs, ornamentation, awnings, canopies and entrances. There shall be no more than one base color for each 25 horizontal feet of the front elevation; one base color for the entire front elevation is preferred. Using only one or two accent colors is also preferred, except where precedent exists for using more than two colors with some architectural styles (e.g., arts and crafts). Natural wood finishes are appropriate for doors, window sashes and trim, signs, canopies and other architectural accents. Luminescent, sparkling, neon and “day-glow” colors are not allowed (e.g., outlining building), except that neon signs are allowed subject to applicable sign codes. Metals shall be brushed finish or painted in muted or earth tones to minimize glare.

v. Contemporary Designs. Materials that provide a contemporary interpretation of local architecture styles, including arts and crafts, art deco, and vernacular (beach cottage) styles are encouraged. Buildings that resemble suburban strip malls (e.g., picture windows extending to near grade level) and those that use highly reflective glass, clerestory windows and/or similar nontraditional features are discouraged.

vi. Restoration and Rehabilitation. Restoration and rehabilitation projects should incorporate original materials and design elements (e.g., previously covered over), to the extent practicable.

n. Pedestrian Shelters. Awnings, canopies, recesses or similar pedestrian shelters shall be provided along at least 60 percent of a building’s ground floor elevation(s) where the building abuts a sidewalk, walkway, plaza, pedestrian access way, or outdoor seating area. Pedestrian shelters used to meet the above standard shall extend at least five feet over the pedestrian area, shed rain away from building entrance(s), be proportionate to the building in its dimensions, and not obscure the building’s architectural details. If mezzanine or transom windows exist, the shelter shall be below such windows where feasible.

Exception: The reviewing authority may reduce the minimum shelter depth upon finding that existing right-of-way dimensions or building code requirements preclude a larger shelter.

o. Mechanical Equipment.

i. Screening. When mechanical equipment, such as utility vaults, air compressors, generators, private antennas, private satellite dishes, or similar equipment, is adjacent to a street, sidewalk or pedestrian space, it shall be screened from view on all streets. Where such equipment is installed on a side or rear building elevation and is adjacent to a walkway, access way, or pedestrian space, its appearance shall be minimized or screened using materials and/or colors that are similar to those used on the subject building. Standpipes, meters, vaults and similar equipment should not be placed on a front elevation when other alternative locations exist; such equipment shall be placed on a side or rear elevation when practicable.

ii. Rooftops. Rooftop mechanical units shall not be visible from any street and shall not exceed the allowable building height.

iii. Ground-Mounted Units. Ground-mounted mechanical units shall be limited to side or rear yards and screened with fences or walls constructed of materials similar to those on adjacent buildings. Hedges may also be used as screens where there is adequate sunlight and irrigation to ensure their successful growth. (Ord. 2010-06 § 5; Ord. 2008-18 § 4(3)(C))

17.34.100 Streetscapes.

A. Intent. The relationship between the local street system, Highway 101 and adjoining properties is important from both a transportation planning and a land use perspective. The Oregon Department of Transportation (ODOT) is the permitting authority for all access onto Highway 101. As the permitting agency for land use, the city works cooperatively with ODOT to manage development adjacent to the highway. The city’s design standards are intended to implement the community’s vision of a cohesive streetscape, with on-street parking, wide sidewalks, weather protection (pedestrian) shelters, benches, pedestrian-scaled lighting, public art, opportunities for cafe seating, and other amenities. A safe, inviting and comfortable pedestrian environment benefits businesses, highway users and the community as a whole.

B. Standards. In addition to standards for block layout, alleys and parking lot access provided in LCMC 17.34.080, the following provisions apply to all new development:

1. Transportation Plan Conformity. New development shall conform to the policies, standards, specifications and design details (e.g., street sections) contained in the city’s transportation system plan (TSP) and the requirements of this chapter, specifically LCMC 17.34.080, Block layout, and 17.34.110, Pedestrian spaces. When streetscape improvements are required of new development, such improvements shall conform to the TSP.

2. Local Streets. LCMC 17.34.080 provides standards for local street improvements.

3. Pedestrian Amenities. LCMC 17.34.110 provides standards for pedestrian spaces and pedestrian amenities. Additionally, the Nelscott Redevelopment Plan provides specifications for street furnishings such as benches, trash receptacles, wayfinding signs, and streetlights. (Ord. 2008-18 § 4(3)(D))

17.34.110 Pedestrian spaces.

A. Intent. The increased development intensity, mixture of uses, pedestrian activity, close building orientation and minimal private open space envisioned for Nelscott require that pedestrian space be provided along building frontages and in breaks between buildings. Pedestrian spaces, such as plazas, extra-wide sidewalks, outdoor seating areas, pedestrian access ways between buildings, alcoves and pocket parks, provide visual relief, pedestrian resting areas and opportunities for socialization. Pedestrian spaces do not have to be publicly owned or maintained. Public or private, they are as important as building design and central parking to the success of Nelscott. Therefore, the city requires that all new developments and redevelopment projects contribute their proportionate share of pedestrian space.

B. Standards.

1. Pedestrian Space Standard. At least three percent of every development site, except for residential developments (but including mixed use developments), shall be designated and improved as pedestrian space. The highest priority locations for pedestrian space are those areas with the highest pedestrian activity (e.g., street corners and mid-block pedestrian access ways) that have a western or southern exposure (within 45 degrees of true south or west). Where no such area exists, then pedestrian space should be provided as an extended sidewalk or walkway connecting multiple developments.

2. Dimensions. All pedestrian spaces shall have dimensions of not less than eight feet across and have a surface area of not less than 64 square feet.

3. Public Access. Such areas shall abut a public right-of-way or otherwise be connected to and visible from a public right-of-way by a sidewalk or pedestrian access way; access ways shall be identifiable with a change in paving materials (e.g., pavers inlaid in concrete or a change in pavement scoring patterns and/or texture). Where a right-of-way connection is not possible, the owner shall be required to provide a public access way easement to the pedestrian space. Pedestrian spaces shall not be gated or closed to public access, unless otherwise required by the city.

4. Pedestrian Amenities Required. Where pedestrian space is required, it shall contain pedestrian amenities such as plaza space, extra-wide sidewalks (e.g., outdoor cafe space), benches, public art, pedestrian-scale lighting, wayfinding signs (as approved by the city) or similar pedestrian areas in an amount equal to or greater than one-half of one percent of the estimated construction cost of the subject building(s). Where a pedestrian space adjoins a building entrance it should incorporate a canopy, awning, pergola, portico, or similar weather protection feature. Pedestrian amenities such as seating, planters, public art and pedestrian lighting (e.g., antique lamps or bollard lights) at street corners or pedestrian access ways may be counted in fulfilling the one-half of one percent percent requirement. Cost estimates for pedestrian amenity improvements shall be prepared by a licensed architect, landscape architect, or other qualified professional, and shall be subject to review and approval by the administrator.

5. Mechanical Equipment and Garbage Storage Areas. Mechanical equipment and garbage storage areas are not permitted within pedestrian space(s). Such facilities shall be screened completely from view and set back 20 feet or more from a pedestrian space for aesthetic reasons and to minimize odors and noise. (Ord. 2008-18 § 4(3)(E))

17.34.120 Off-street parking and circulation.

A. Intent. Parking is to be provided to meet the anticipated normal demand. Where areas of surface parking exist, such areas shall be oriented behind or to the side of buildings. Off-street parking and loading for uses within the Nelscott Plan District are to be provided in accordance with Chapter 17.56 LCMC except as provided below.

B. Standards. In addition to the standards of Chapter 17.56 LCMC and the standards for block layout, alleys and parking lot access provided in LCMC 17.34.080, the following provisions apply to all new development:

1. Drive-Up and Drive-Through Uses. New drive-up/drive-through facilities (e.g., windows, ATMs, etc.) are not permitted. Where applicable, the reviewing authority may approve the relocation and improvement of existing drive-up facilities, subject to a conditional use permit.

2. On-Street Parking. Existing or required paved, standard-sized parking spaces that abut a parcel and that are located in a public street may be counted toward the required parking for commercial development on that parcel. For parcels fronting on Highway 101, the number of on-street parking spaces for standard-sized vehicles within 200 feet of a parcel may be counted toward the required number of parking spaces for commercial or mixed uses.

3. Off-Street Parking. There is no minimum off-street parking requirement for the commercial component of any mixed use building within 400 feet of a public parking facility; all other uses shall conform to the minimum parking standards of the municipal code except that required off-street parking spaces may be located on another parcel not more than 400 feet from the parcel they are intended to serve. Where new surface parking is planned, it shall be limited to parallel on-street parking spaces, parking bays abutting the street, and/or parking areas located behind or to the side of a building.

4. Parking Lot Design. Surface parking areas shall be divided into bays of not more than 12 parking spaces per bay. The minimum dimensions for landscape areas are four feet in width and 24 square feet in area. Additionally, where a parking area or access drive abuts a street or pedestrian access way, a landscape screen of not less than four feet in width and four feet in height shall be provided. Alternatively, the screen may be reduced to two feet in width where a masonry, wrought iron, brick or similar architectural-grade wall is also provided, subject to site plan review. Landscaping shall be provided in conformance with LCMC 17.34.140. The planning commission may allow a greater number of consecutive parking spaces where the development preserves and protects one or more existing mature trees or exceeds the minimum pedestrian space requirement in LCMC 17.34.110. The commission shall use its discretion in adjusting the standard; provided, that more credit may be awarded to projects that preserve the largest or most visible trees as viewed from public rights-of-way.

5. Redevelopment of Surface Parking Lots. Site plans for properties adjacent to city-owned parking lots should allow for conversion of such lots to structured parking in the future. Site plans should also allow for the conversion of nonconforming, front yard parking lots to new building sites or pedestrian spaces as properties redevelop. Where a proposed project would construct underground parking, the review authority may adjust building coverage, setbacks, or other development standards to facilitate provision of public-private parking spaces.

6. Parking in Front of Buildings. Due to the pedestrian orientation of Nelscott, surface parking is not allowed between any new building and the street to which is it oriented. Where such parking currently exists, the owner may be required to install landscaping or other buffering between the parking area and the sidewalk with future redevelopment.

7. Service and Loading Areas. The visual, traffic, odor and noise impacts of service and loading areas, relative to streets, pedestrian spaces, pedestrian access ways and adjacent residences, shall be minimized. Service areas and loading docks/bays shall be accessed from an alley and screened using architectural elements that are compatible with adjacent building(s). Where no alley exists, service areas shall be accessed from streets other than Highway 101.

8. Exception for Commercial Vacation Rental Dwellings. A vacation rental dwelling in the NBMU or NBD subdistricts that (a) is in a building that existed on October 1, 2008, or pursuant to LCMC 17.34.040(E), replaces, with no increase in the number of bedrooms, such a building that was destroyed by calamity (e.g., fire, flood, earthquake), and (b) is on a lot that is too small to accommodate the number of parking spaces required by LCMC 17.80.050, need only provide the number of parking spaces that, as determined by the planning and community development director, reasonably can be accommodated on the lot. (Ord. 2010-06 § 5; Ord. 2008-18 § 4(3)(F))

17.34.130 Pedestrian access.

A. Intent. In new development, the pedestrian circulation system shall provide a direct, convenient and comfortable means of accessing individual uses and connecting to other parts of Nelscott. The pedestrian system includes sidewalks, pathways, mid-block access ways, and the ocean beach.

B. Standards. To ensure safe, direct and convenient pedestrian circulation, all developments shall provide a continuous pedestrian system conforming to city standards. (Ord. 2008-18 § 4(3)(G))

17.34.140 Landscaping.

A. Intent. Nelscott is identifiable, in part, by its shore pines and other coastal vegetation. While it is inevitable that some existing trees will be removed with new development, native vegetation should be preserved where practicable or otherwise replanted in required landscape areas. Trees and hedges serve as windbreaks and visual screens in an area that is otherwise being exposed to high winds. Grassy swales capture and cleanse surface water runoff before it infiltrates into the ground or seeps onto the beach. Mature vegetation also enhances real estate values. For these reasons, as well for aesthetic reasons, the city requires that all new developments and redevelopment projects attempt to save mature vegetation that is not within building envelopes and provide landscaping in surface parking areas, as buffers between uses, within street planter strips, and to soften the appearance of large building elevations.

B. Standards.

1. Mature Landscaping. Site plans shall incorporate existing, mature vegetation that is not within building envelopes and not within areas that are required to be graded or excavated (e.g., for utilities, foundations, and driveways) into the project’s landscape design to the greatest extent practicable. Where mature tree removal is unavoidable (e.g., a tree’s location precludes reasonable development consistent with prescribed building envelopes, required building orientation, or public improvement requirements), mitigation shall be required as per subsection (B)(3)(g) of this section.

2. Volume Landscaping and Screening. Large trees and/or shrub planting may be required in quantities exceeding the base requirements of this code to mitigate adjustments to other standards or the loss of mature trees as described under subsection (B)(1) of this section.

3. Minimum Landscape Standards.

a. All off-street parking and vehicular use areas (including driveways and loading docks) shall have perimeter landscaping of not less than four feet in depth, and interior landscaping covering at least 10 percent of the entire vehicular use area. The planning commission authority may reduce the minimum landscape area to not less than five percent where the development preserves and protects one or more existing mature trees. The commission shall use its discretion in awarding credit; provided, that more credit may be awarded to projects that preserve the largest or most visible trees as viewed from public rights-of-way including the beach. Areas with preserved trees are counted toward the required parking lot landscaping.

b. Each separate landscape area shall be a minimum of 24 square feet with a minimum dimension of at least four feet and shall contain at least one tree. All remaining land in the landscape area shall be covered by a combination of shrubs, ground cover plants or other city-approved nonvegetative ground cover.

c. All required buffer strips, screens, and other required landscape areas shall be planted at a density to ensure the intended buffering or screening intent is met; in no case shall a landscape area have less than one tree per 200 square feet of surface or less than one shrub per 50 square feet of area.

d. Required trees and shrubs shall be noninvasive species that are known to thrive in the northern Oregon coastal environment.

e. The following guidelines apply:

i. Vegetation native to the Pacific Northwest coast is encouraged.

ii. Turf and grass is discouraged, except in residential developments and in water treatment swales.

iii. Species should be those contained in the Lincoln City tree planting guide and list of recommended species, or species recommended by a licensed nurseryman as being suitable for the local climate, as approved by the planning director.

f. Trees shall be at least two inch caliper at time of planting.

g. When tree mitigation is required the number of mitigation trees required shall be equal to at least one-half total number required to achieve the number of inches of mature tree(s) removed (diameter measured at four feet above grade). For instance, if a 12-inch diameter tree is removed, then two three-inch trees of the same or comparable species shall be planted.

h. Irrigation systems shall be provided for all planted areas for a period of at least two years, or until it is demonstrated that new plants have become naturalized.

i. Shrubs shall be at least a three-gallon size when planted.

j. If hedges are planted for screening, plants shall be at least of an initial size so that the required screening will be achieved within two years.

k. Trees shall be planted so that encroachment below eight feet into a public right-of-way can be prevented without long-term detriment to the subject tree.

l. Landscaping shall preserve an adequate line of sight around vehicle accesses.

m. All landscaping materials shall be in vigorous and healthy growing condition and shall be installed according to common planting procedures, with consideration given to soil condition. The property owner is responsible for maintaining and replacing, as necessary, all approved landscape plants on his property and those within abutting rights-of-way (e.g., street trees).

4. Parking Area Landscaping. Surface parking areas shall contain landscaping as described under LCMC 17.34.120.

5. Water Quality. Where a surface parking area incorporates water quality filters/swales and porous paving materials, such as pavers set in sand, concrete blocks allowing grass to grow through, and/or porous concrete (e.g., particularly along walkways and in parking areas that are used infrequently), the reviewing authority may allow additional building (lot) coverage, consistent with the standards in Table 17.34.060.B. Porous paving may also be used for small areas, such as the first four feet of a parking lot’s perimeter, where it would help reduce or slow surface water runoff. (Recommended: Figure 17.34.140.)

Figure 17.34.140: Typical parking lot landscape concepts, incorporating water quality features.

(Ord. 2008-18 § 4(3)(H))

17.34.150 Signs.

A. Intent. The number, size, configuration, placement, color, materials and illumination of signs all play a part in shaping the built environment. Signs in Nelscott should function primarily as cues for pedestrian wayfinding and business identification. Business identification does not require that owners maximize the size or number of signs. The highway streetscape has built-in traffic calming features that, together with the building design standards, will enable motorists and pedestrians to notice signs at a relatively small scale. Signs designed to a “highway scale” are not necessary and are discouraged through the following standards.

B. Standards. Signs shall not be installed without a sign permit. Where a sign permit is required as part of a larger project, the sign package shall be reviewed with the site plan under the applicable provisions of Chapter 17.72 LCMC and the following guidelines and standards. Where a sign permit is requested apart from any other development application, it shall be processed administratively under the applicable provisions of the Lincoln City Municipal Code and the following guidelines and standards.

1. Building Signs. Building-mounted signs shall be positioned to emphasize established architectural elements such as entrances, windows, gables, etc. Signs should appear to fit within “frames” created by components of the facade design. Signs should not obscure building details. An individual building shall have no more than six building-mounted signs totaling not more than 48 square feet.

2. Freestanding Signs. New freestanding signs shall not exceed six feet in height, except that signs suspended from an awning, canopy or similar architectural feature may be approved subject to applicable building codes. Portable signs shall conform to LCMC 17.72.060(A)(4).

3. Contextual Design. Signs should complement Nelscott’s natural surroundings. For example, signs engraved or sculpted from metal or wood (natural or painted wood) are preferred over those that are predominately made of plastic, Plexiglas, or similar reflective materials. Pictographic symbols are encouraged, as they often communicate more than text and add visual interest to the street. Fluorescent (e.g., day-glow), sparkling, reflective, or similar colors or finishes are not permitted. Banner signs, streamers, moving signs, video or animated signs, flashing signs, and similar sign types are considered a nuisance and traffic safety hazard and are therefore not permitted.

4. Pedestrian Signs. Pedestrian-scale signs, such as blade signs, wood cutout signs, door signs and permanent stylized window signs (allowing at least 50 percent transparency throughout the window) are encouraged. Such signs are exempt from the overall sign area limitations.

5. Directory Signs. Directory signs for buildings with multiple tenants should be designed to allow for new business names to be added or replaced easily.

6. Illuminated Signs. When signs are to be illuminated, external light sources shall be used. Light sources shall be placed close to and directed onto the sign they are intended to illuminate, and shielded to minimize glare into the street or onto adjacent properties. Where possible, lights should be incorporated into the sign bracket. Lights placed below any sign (up-lighting) shall be cut off to minimize spillover into the night sky. Lights in canisters and backlit signs, except for those existing prior to the effective date of the ordinance codified in this chapter, are prohibited. See also LCMC 17.34.160, Exterior lighting.

Figure 17.34.150: Examples of encouraged sign types (from top, left to right: mural, blade, wood cutout, hanging sign).

(Ord. 2008-18 § 4(3)(I))

17.34.160 Exterior lighting.

A. Intent. The number, size, design and placement of lights all contribute to creating a safe and aesthetically pleasing development. Excessive lighting contributes to light pollution, glare and light trespass, and it diminishes views of the night sky. Lights in Nelscott should function primarily as tools for pedestrian wayfinding and business visibility. Business visibility does not require that owners fully illuminate their building and parking areas.

B. Standards. Outdoor light fixtures shall not be installed without site plan review approval. Where a light fixture is required as part of a larger project, the lighting package shall be reviewed under the following guidelines and standards. Where an outdoor light fixture is to be installed apart from any other development application, it shall be processed administratively. Outdoor lighting that does not conform to current standards, but conformed to city standards prior to the effective date of the ordinance codified in this chapter are allowed to continue as nonconforming until such time that the light fixture and/or building is remodeled or replaced.

1. Contextual Design. Exterior lights shall be designed to fit their particular location and function. They should be simple in character and similar in color and intensity to those used traditionally. High-pressure sodium lights are appropriate, except where good color rendition is required; enhanced color rendition high-pressure sodium lamps, or more uniform spectrum lamps, may also be used.

a. Pedestrian ways and entrances that are not otherwise illuminated by building-mounted lights or streetlights shall be illuminated using bollards, step lights, or other low-profile fixtures that are appropriate for walkways and plazas. Illumination between one to two foot-candles for such areas is required.

b. Building-mounted lights should complement the building background in style; using lights to draw attention to (wash) architectural elements is permitted; provided, that unshielded, high intensity light sources and sources that direct light upward without cut-offs are not permitted. (See subsection (B)(2) of this section.)

c. Antique-style lights are preferred over recessed can lights and globe fixtures. Contemporary light fixtures that draw on historic elements or provide a new interpretation of a historic style are encouraged.

d. Maximum initial luminance of outdoor sales areas, storage areas and service station canopies and similar areas shall not exceed 20 foot-candles, except as otherwise approved by the planning director.

e. Maximum initial luminance of parking lots shall not exceed four foot-candles, except as otherwise approved by the planning director.

2. Impacts of Lighting. The visual impacts of site and architectural lighting, such as overspray of lights onto adjacent residential properties and lights shining into the night sky, shall be avoided.

a. Light poles shall not exceed a height of 20 feet.

b. Only shielded lights are permitted. Shielding should be integral to the light fixture and direct light downward. Exception: Up-lighting of official flags may be allowed; provided, that the luminance level is minimized.

c. Lighting associated with service areas, parking lots and parking structures, as well as streetlights, shall be shielded or provide cut-offs to avoid glare, light pollution (night sky) and light spillover onto residential properties. Luminance at the property line, or no more than five feet over the property line, shall be zero.

d. The planning director may require the installation and use of timers or activity switches to prevent unnecessary sources of light by controlling the length of time that exterior lights are in use late at night.

e. Lights used to wash a building elevation (including any signs) shall not wash more than 75 percent of the facade. Interior lights (e.g., store displays, etc.) are exempt.

f. Uplighting is prohibited. Where lighting is used to wash an exterior wall, the use of recessed eave lighting is preferred. The maximum illumination limits for wall washing are one foot-candle for dark-colored surfaces and one-half foot-candle for light-colored surfaces.

g. The manufacturer’s data or measurement shall be provided to demonstrate conformance with the standards set out in subsection (B)(1) of this section. Photometric plans are required with site plan review applications, unless waived by the planning director.

 

Figure 17.34.160: Examples of acceptable lights.

(Ord. 2008-18 § 4(3)(J))