Chapter 17.45
TAFT VILLAGE CORE (TVC) ZONE

Sections:

17.45.010    Purpose.

17.45.020    Application.

17.45.030    Definitions.

17.45.040    Land use activities.

17.45.050    Site development standards.

17.45.060    General preferences, requirements and standards.

17.45.070    Signs.

17.45.080    Parking.

17.45.090    Development incentives.

17.45.100    Nonconforming uses and structures.

17.45.010 Purpose.

The purpose of the Taft Village core (TVC) zone is to provide for a wide variety of uses, including retail, professional office, service-oriented businesses, single-family and multifamily residences and combinations of the above in mixed use developments within a core area of the village of Taft where concentrations of a variety of uses will encourage a pedestrian-oriented pattern of development that is different from the patterns found between Lincoln City’s village nodes. (Ord. 2000-09 § 3; Ord. 84-2 § 3.105(1))

17.45.020 Application.

The TVC zone constitutes the primary zoning provisions (development standards) for the core area of the village of Taft. The requirements of this chapter are in addition to other requirements of this title. If there is a conflict between the regulations provided in other chapters of this title and this chapter, the regulations provided in this chapter shall prevail. Where direction is not provided in this chapter, provisions in other chapters of this title shall prevail. (Ord. 2000-09 § 3; Ord. 84-2 § 3.105(2))

17.45.030 Definitions.

For purposes of the TVC zone, the following definitions shall apply:

“Automated teller machine (ATM)” means a pedestrian-oriented machine used by bank and financial patrons for conducting transactions including deposits, withdrawals, and fund transfer, without contact with financial institution personnel.

“Building facade” means the entire building front including the parapet.

“Building facade – primary” means the side of a building that faces the street and has a main pedestrian entrance from the street.

“Building footprint” means the ground surface area above which a building, including cantilevered parts of the building, is located.

“Building orientation” means the manner in which the building is positioned on a lot and its architectural features relate to surrounding structures, spaces, and landscapes.

“Development incentives” means discretionary measures provided to applicants of new development by the city of Lincoln City or the urban renewal agency to encourage improvements with a pedestrian orientation.

“Edge treatment” means the design treatment of the setback between a building facade and an adjacent street.

“Floor area – gross” means the total area of all floors in a structure, or on a specified level of a structure, as measured from the outside surface of exterior walls or the centerline of common walls. It excludes any crawl space, area used exclusively for vehicle parking or loading, breezeway, attic without floor, and an open porch, colonnade, deck, balcony, or terrace.

“Joint use parking” means the sharing of parking areas by two or more uses, structures, or parcels of land to satisfy parking requirements, reduce the amount of land dedicated to vehicular parking, and increase the amount of land available for new development, plazas, or other uses.

“Mixed use” means a development that includes a mix of commercial and residential uses that are planned and developed together on the same site or adjoining sites. The mix of uses may occur in the same building or in separate buildings.

“Monument sign” means a freestanding sign that is permanently affixed at grade and has a monolithic or columnar line and which maintains essentially the same contour from grade to top.

“New development” means any construction, or alteration of an existing structure or land use, or establishment of a land use, after December 31, 2000.

“Outdoor sales” means the outdoor retail sales of merchandise associated with an adjacent existing commercial establishment.

“Pedestrian orientation” means any physical structure or place with design qualities and elements that contribute to an active, inviting and pleasant place for pedestrians, including but not limited to:

1. Street furniture;

2. Design amenities related to the street level such as awnings, pedestrian connections, colonnades, and arcades;

3. Visibility into buildings at the street level;

4. Highly articulated facades at the street level with interesting uses of material, color, and architectural detailing;

5. Continuity of the sidewalk with a minimum of intrusions into pedestrian right-of-way;

6. Continuity of building facades along the street with few interruptions in the progression of buildings and stores;

7. Pedestrian-oriented signs; and

8. Landscaping.

“Pedestrian-oriented sign” means a sign with design qualities and elements that are oriented and scaled to the pedestrian rather than the motorist.

“Plaza” means a public or private area generally open to the public on a controlled basis and used for passive recreational activities and relaxation. Plazas are pedestrian areas typically provided with amenities such as seating, fountains, art, and landscaping. The paving or surface materials of plazas must comply with Americans with Disabilities Act requirements.

“Pole sign” means any sign which is supported by one or more uprights, poles or braces in or upon the ground which are not a part of any building or enclosed within the exterior walls of any building and are separated therefrom by a distance of at least six inches.

“Setback” means the distance by which a structure or parking area must be separated from a lot line or other structure.

“Sidewalk cafe” is any group of tables and chairs, and its authorized decorative and accessory devices, situated and maintained upon the public sidewalk or along the private porches, plazas, and arcades for use in connection with the consumption of food and beverage sold to the public from or in an adjoining indoor restaurant or delicatessen.

“Story” means that portion of a building included between the surface of any floor and the surface of the next floor above or, if there is no floor above, the space between the floor and the ceiling.

“Structured parking” means a structure established for the short-term storage of operative vehicles for patrons. Structured parking can be constructed as an accessory to another primary use or uses that require the provision of off-street parking.

“Taft Village core” means the area depicted graphically below and generally defined by the Fleet Avenue alignment at Highway 101 (north), Schooner Creek bridge and Siletz Bay (south), Inlet Avenue (east), and the west end of SW 51st Street (west).

(Ord. 2008-21 § 3; Ord. 2000-09 § 3; Ord. 84-2 § 3.105(3))

17.45.040 Land use activities.

This section contains a matrix that establishes which land uses are permitted (P), conditionally permitted (C), or expressly prohibited (–) within the TVC zone. A conditionally permitted use requires approval of a use permit by the planning commission in compliance with applicable provisions of Chapter 17.60 LCMC. If a particular use is not listed, the planning director shall be responsible to make a use determination to decide if the proposed use is similar to a listed use. Unless a proposed use is determined to be similar to a listed permitted or conditionally permitted use, it is a prohibited use. A permitted or conditionally permitted use may be subject to site plan review in accordance with LCMC 17.52.240.

 

TVC Land Use Activity	P or C
A. Administrative and Professional Offices
Commercial establishments where the administrative, clerical and managerial functions of a business or industry are conducted or where members of a profession conduct their practice. Examples include accounting, medicine, physical therapy, veterinary with no kennels, engineering, real estate.	P
B. Automotive Related Uses
Commercial establishments which provide parts, repair and service for motor vehicles:
1. Auto parts/supplies sales – No installations	P
2. Auto parts/supplies sales – With installations	–
3. Car washes	–
4. Fuel/service stations	–
5. Vehicle (car, RV and truck) sales/leasing	–
C. Boarding and Lodging Facilities1
Commercial establishments which provide boarding and lodging facilities:
1. Bed and breakfast accommodations	P
2. Condominiums with 10 units or less and with nightly rentals2	C
3. Hotels/motels with 10 units or less	P
4. Recreational vehicle parks	–
5. Time-share units	C
D. Eating/Drinking Establishments
Commercial establishments which serve prepared food or beverages for consumption on or off the premises:
1. Night clubs/bars/lounges/micro-brew pubs	P
2. Restaurants – without drive-throughs (including cafes, coffee shops, family restaurants, etc.)	P
3. Restaurants – with drive-throughs	–
4. Restaurants – with walk-up windows (with or without seating)	P
5. Sidewalk cafes	C
6. Wine tasting	P
E. Entertainment/Recreation Establishments
Commercial establishments which provide participant/spectator amusement, entertainment or sport, primarily for financial gain. Examples include auditoriums, theaters, museums. Game arcades are limited to five games/machines when located as an auxiliary use in an otherwise permitted use.
1. Auditoriums, convention centers, movie theaters, museums	C
2. Miscellaneous indoor establishments (i.e., pool halls, billiard parlors, game arcades)	C
3. Miscellaneous outdoor establishments (i.e., amphitheater, swimming/aquatics facility)	C
F. Financial
Commercial establishments that engage in monetary transactions not directly related to the sale of a product/service. Examples include: banks, savings and loan, etc.
1. Financial land use, with no ATMs	P
2. Financial land use, with interior ATMs	P
3. Financial land use, with exterior ATMs	C
4. Interior ATMs, as an accessory to another permitted or conditionally permitted use	C
5. Exterior ATMs, as an accessory to another permitted or conditionally permitted use	–
G. Mixed Use
Developments that contain office/retail/service establishments and residential uses, either within the same structure or on the same parcel.	P
H. Personal Service
Commercial establishments which provide services of a personal nature. Examples include: barber/beauty/nail shops, tailor shops, dance school/karate studio, dry cleaners/laundromat, health/athletic clubs, travel agent, therapeutic massage.	P
I. Residential
1. Single-family dwellings, in accordance with Chapter 17.16 LCMC	P
2. Attached single-family dwellings, in accordance with LCMC 17.52.260	P
3. Two-family and duplexes, in accordance with Chapter 17.16 LCMC	P
4. Multifamily dwelling units, with edge treatment B, in accordance with R-M zone standards	C
5. Multifamily dwelling units, with edge treatment A or C, in accordance with R-M zone standards	P
6. Accessory dwelling units, in accordance with LCMC 17.45.060(D)	P
7. Manufactured homes, in accordance with Chapter 17.16 LCMC and LCMC 17.52.250	P
J. Retail Commercial
Commercial establishments which sell merchandise generally needed/desired by the residents, employees and visitors of/to the community. Examples include: packaged food, liquor, grocery, drugs, video rental, general merchandise, gift shops, sporting goods, building materials, garden supplies/nurseries, antiques/second hand stores, convenience stores, but exclude mini-warehouses.	P
K. Service Commercial
Commercial establishments which provide business, repair and miscellaneous services. Examples include: printing/publishing, laboratories, catering, interior design, miscellaneous repairs (indoor only).	P
L. Other Uses
1. Ambulance service	C
2. Art gallery and studio	P
3. Churches	C
4. Clubs, lodges, meeting halls	C
5. Home occupations	P
6. Handicraft-type industries with on-site sales (i.e., crafts, saddles)	P
7. Parks/playgrounds/community gardens	C
8. Police/fire facilities	C
9. Public facilities/public parking lots	P
10. Public/private schools, business/trade schools, in accordance with LCMC 17.80.010	C
11. Public utility or utility substation	C
12. Essential emergency communications and warning facilities	P
13. Community gardens and market gardens not larger than 12,500 square feet, in accordance with the standards of LCMC 17.80.080	P
14. Gardens and animals, accessory to a permitted use and subject to the provisions of LCMC 17.80.080	P

1    A cap of 212 units in boarding and lodging facilities are permitted in the TVC zone, not including bed and breakfast accommodations and other boarding and lodging facilities with 10 units or less.

2    A minimum of 50 percent of the ground-level gross floor area of new hotels/motels and condominiums with nightly rentals shall be comprised of eating/drinking establishments, entertainment/recreation establishments, or retail commercial uses.

(Ord. 2009-05 § 16; Ord. 2009-02 § 6; Ord. 2005-14 § 12; Ord. 2000-09 § 3; Ord. 84-2 § 3.105(4))

17.45.050 Site development standards.

This section establishes development standards for projects in the TVC zone.

A. Development standards for single-family residential uses shall be in accordance with Chapter 17.16 LCMC, except as modified in this section.

B. Development standards for multiple-family residential uses and duplexes shall be in accordance with Chapter 17.20 LCMC, except as modified in this section.

C. Maximum building height is 38 feet (subject to the exceptions contained in LCMC 17.52.200, e.g., chimneys, spires, towers, etc.). Buildings must have a gable, hipped gable, hipped, or shed roofline. Buildings of more than 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 building face of the next immediate lower story.

D. Setbacks shall be provided consistent with the edge treatments contained in Table 17.45.050-1 and Figure 17.45.050-A.

E. For parking areas adjacent to a public right-of-way, a minimum 10-foot landscaped setback from face of curb shall be provided.

F. Weather protection structures, e.g., canopies, porches, arcades, and colonnades, must be provided to the curb line within the existing street right-of-way along street frontages designated for edge treatment A. (Figure 17.45.050-A)

G. Public facilities are exempt from site development standards.

H. All development with edge treatment A shall incorporate mixed use. See Figure 17.45.050‑A.

I. A minimum of 50 percent of the ground-level gross floor area of new hotels/motels and condominiums with nightly rentals shall be comprised of eating/drinking establishments, entertainment/recreation establishments, or retail commercial uses.

J. If a hotel, motel, condominium, or other lodging facility in the TVC zone 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, such lodging facility may be rebuilt with the same or fewer number of rooms, Chapter 17.64 LCMC to the contrary notwithstanding.

K. A cap of 212 units in boarding and lodging facilities are permitted in the TVC zone, not including bed and breakfast accommodations and other boarding and lodging facilities with 10 units or less.

Table 17.45.050-1
	Edge Treatments
	A – Street Adjacent	B – Semi-Street Adjacent	C – Setback from Street
Description	Street Adjacent – Pedestrian Orientation. This edge treatment requires placing the front elevation or landscaping of new development on the front property line and at the sidewalk edge to create a strong relationship between buildings and the street, excluding architectural projections or other architectural features.	Semi-Street Adjacent – Landscaped Perimeters. This edge treatment requires landscaped setbacks of a minimum five feet between buildings and streets, interrupted only by pedestrian areas, plazas, and sidewalks.	Setback from Street – Limited Parking. This edge treatment requires one bay of parking (one to two rows plus aisle) between the street and new development, with landscaped parkway or street trees accenting the sidewalk edge.
General Areas of Applicability	Highway 101, 51st Street, Fleet Avenue, and portions of local streets. Refer to Figure 17.45.050-A for specific edge condition locations.	Cottage commercial and residential environments. Refer to Figure 17.45.050-A for specific edge condition locations.	Along east edge of Inlet Avenue only. Refer to Figure 17.45.050-A for specific edge condition locations.
Key Details	• Avoid setbacks from the sidewalk edge. • Create continuous pedestrian activity in an uninterrupted sequence by minimizing gaps between buildings, blank walls and parking lots. • Create pedestrian connections to parking lots at the rear or sides of buildings. • Use building indentations to create small pedestrian plazas along the street wall.	• Create pedestrian connections between buildings. • Use landscaped setbacks to create “outdoor rooms” with plazas and gardens. • Parking absent from front yards and landscaped setbacks.	• Create pedestrian linkages from the public sidewalk to building perimeter and entries. • Provide vehicular access and pedestrian connections to adjoining parcels whenever possible. • Provide accent landscaping and enhanced paving at vehicular entries.
Edge Illustration

Figure 17.45.050-A

(Ord. 2000-09 § 3; Ord. 84-2 § 3.105(5))

17.45.060 General preferences, requirements and standards.

The following general preferences, requirements and standards apply to new development in the TVC zone.

A. Preferences. This subsection (A) is intended to promote compatible and enhanced site and building design throughout the village of Taft core area. This process provides a means for property owners to implement both the comprehensive plan and the village of Taft redevelopment plan related to Taft’s physical development and to the preservation of its unique character. This subsection (A) is not intended to create standards, approval criteria or legally enforceable requirements.

In reviewing projects/improvements subject to any approval, the planning director shall refer to appropriate design guidelines in the village of Taft redevelopment plan (or any others that may be adopted by the city) in order to provide guidance to applicants seeking to comply with the requirements of the village of Taft redevelopment plan and the TVC zone.

The design theme poster contained in Figure 17.45.060-A, Parts I, II, and III, is to be used by property owners, developers, architects, landscape architects and designers in the planning and design of projects in the village of Taft. The design guidance provided by the poster communicates the Lincoln City community and city’s desired qualities and characteristics of development and are intended to promote quality design that is compatible with Taft’s unique character and its vision for the future.

Figure 17.45.060-A, Part I

Figure 17.45.060-A, Part II

Figure 17.45.060-A, Part III

B. New Commercial/Mixed Use. New commercial buildings and mixed use buildings shall comply with the following pedestrian-oriented design standards and location and development criteria:

1. For building facades that face an abutting street, a minimum of 50 percent of the ground floor facade shall include windows and/or doors. The building facade shall be designed so a blank wall without a window or doorway is no greater than 20 feet in length.

2. A minimum of 50 percent of the lot frontage abutting a street shall be occupied by a building facade. For lots with three or more street frontages, this standard shall apply to two lot frontages.

3. Residential units must not be located on street level.

4. Public facilities are exempt from the mixed use requirement.

C. New Multifamily and Attached Single-Family Residential.

1. These standards do not apply to mixed use development in which residential uses are located above commercial uses.

2. Building Orientation. New multifamily and attached single-family dwellings shall meet the following standards:

a. Each ground floor unit located along a street shall include a covered or recessed entry, or porch, oriented to the street.

b. Units along a street shall be oriented with building fronts parallel to the street.

3. New Multifamily and Attached Single-Family Parking, Site Access, and Circulation. Parking areas or driveways adjacent to any street frontage shall not occupy more than the greater of: 25 percent of the street frontage; or 20 feet, if a two-way driveway. If garages are oriented to front on a street, the following standards shall be met:

a. Only single-car garage doors are permitted;

b. Garage doors must be recessed at least three feet behind the front facade.

D. Accessory Dwelling Units. Accessory dwelling units must meet the following criteria:

1. Density. One accessory dwelling unit may be allowed as an accessory use to a single-family dwelling on any residential lot that meets the minimum lot size requirement.

2. Unit Size. An accessory dwelling unit must not exceed 750 square feet.

3. Off-Street Parking. If paved, on-street parking is available abutting the lot, no off-street parking will be required for an accessory dwelling unit. If such on-street parking is not available, one off-street parking space must be provided on the lot for the accessory dwelling unit in addition to the parking required for the single-family dwelling.

E. Outdoor Sales. All commercial uses, including repair, service and storage, shall be conducted within a completely enclosed building or be completely screened from view from off the subject site, except that the outdoor sales display of merchandise in conjunction with antique shops, flower shops, art galleries, beach equipment shops, kite shops, and similar specialty and craft businesses is permitted in the TVC zone subject to the following provisions:

1. Outdoor sales displays may be allowed upon the public sidewalk; provided, that a minimum width of four feet is maintained clear of any obstructions and the city grants a right-of-way incursion permit;

2. No additional signs or other advertising devices (temporary or permanent) shall be used in conjunction with outdoor sales displays except those allowed in compliance with this title;

3. The outdoor sales display of merchandise shall only occur during times when the associated establishment is also open for business; and

4. Only merchandise normally available at the associated business may be displayed outdoors.

F. Installation of Public Improvements. Project developers are responsible for providing public improvements in compliance with city standards at the time of development, in accordance with LCMC 17.52.230. For the purposes of this requirement, development shall also include the expansion of existing structures by 50 percent or more of the gross floor area.

G. Undergrounding of On-Site Utilities. All new development shall provide underground utilities service installation or connections in compliance with LCMC 17.52.120(B). For the purposes of this requirement, development shall also include the expansion of existing structures by 50 percent or more of the gross floor area.

H. Landscaping. In parking areas adjacent to public right-of-way, landscaping shall provide a two-and-one-half-foot to three-foot-high screen across the entire parking frontage except for driveways. Landscape screening may include a combination of low hedgerow plantings, landscaped berms or low decorative masonry walls. The minimum width of a landscaped area required for screening purposes shall be five feet. In addition, landscaping shall be provided in accordance with Table 17.45.050-1 and Figure 17.45.050-A, and LCMC 17.52.100, with the following exceptions:

1. Pedestrian plazas may be used to meet up to 50 percent of the lot area landscaping requirement.

2. Landscaping requirements may be reduced by 50 percent for lots under 10,000 square feet, where a primary building front is located adjacent to the right-of-way or adjacent to a pedestrian plaza that itself is adjacent to the right-of-way, and on-site parking within a surface lot is not provided.

3. Properties with structured or garage parking of more than 50 spaces are eligible for a 50 percent reduction of landscaping requirements.

4. Street trees and landscaping located in public right-of-way are exempted from the provisions of LCMC 17.52.100.

I. Mechanical Equipment. No mechanical equipment, vents, ducts, HVAC equipment, transformers, or dish antennas shall be visible from ground level from any adjacent parcel, or any public street or right-of-way. This shall be accomplished through the extension of the main structure or roof, or screening in a manner that is architecturally integrated with the main structure. Plantings may be used to screen mechanical equipment at ground level; provided, that the plantings achieve full screening upon installation.

J. Business Address Required. Each business or structure (as appropriate) shall provide its address in numbers a minimum of six inches in height. The address shall be placed on the building, awning valance, or canopy in a manner to be clearly visible from the adjacent street, alley, and sidewalk. The preferred locations are above the main pedestrian entrance and at rear or side entrances.

K. Sidewalk Cafes. Sidewalk cafes on public sidewalks can enhance the pedestrian ambiance of Taft and are encouraged. The purpose of this subsection is to set out the conditions and requirements under which a sidewalk cafe may be permitted to operate on a public sidewalk within the TVC zone.

1. Conditional Use Permit Required. A conditional use permit is required for all sidewalk cafes in accordance with Chapter 17.60 LCMC. Notwithstanding the requirements of Chapter 17.60 LCMC, the planning director may grant a conditional use permit for a sidewalk cafe. The planning director may require an applicant for a permit to obtain the permit from the planning commission.

2. ODOT Right-of-Way. The Oregon Department of Transportation (ODOT) may require a separate permit for sidewalk cafes located adjacent to Highway 101 within the ODOT right-of-way.

3. Limitations and Requirements. A sidewalk cafe may be permitted in the TVC zone subject to the sidewalk cafe being situated adjacent to an indoor restaurant or delicatessen as specified below, and the sidewalk cafe’s operation is incidental to and a part of the operation of such adjacent indoor restaurant or delicatessen.

a. A sidewalk cafe may be located on the public sidewalk immediately adjacent to and abutting the indoor restaurant or delicatessen which operates the cafe; provided, that the area in which the sidewalk cafe is located extends no farther along the sidewalk’s length than the actual sidewalk frontage of the operating indoor restaurant or delicatessen and all other applicable provisions of this section are fulfilled.

b. An indoor restaurant or delicatessen may be permitted to operate only one sidewalk cafe and each sidewalk cafe shall be confined to a single location on the sidewalk.

c. A sidewalk cafe may be permitted only where the sidewalk or porch is wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of the proposed cafe, consistent with the Americans with Disabilities Act. There shall be a minimum 48-inch clear distance free of all obstructions, in order to allow adequate pedestrian movement.

d. All outdoor dining furniture, including tables, chairs, umbrellas, and planters, shall be movable. Umbrellas must be secured with a minimum base of not less than 60 pounds. Outdoor heaters, amplified music, or speakers shall be reviewed at the time of application for a conditional use permit.

e. No additional signing shall be allowed on or above public sidewalk at any outdoor cafe except for the name of the establishment on an awning or umbrella valance.

f. A sidewalk cafe may serve only food and beverages prepared or stocked for sale at the adjoining indoor restaurant or delicatessen.

g. The service of beer or wine, or both, must be solely for on-premises consumption by customers and must be expressly authorized as part of a conditional use permit approval.

h. The area in which the sidewalk cafe is authorized is identified in a manner, as approved by the planning director, which will clearly separate and delineate it from the areas of the sidewalk that will remain open to pedestrian traffic.

i. Outdoor preparation of food and busing facilities are prohibited at sidewalk cafes. All exterior surfaces within the cafe shall be easily cleaned and shall be kept clean at all times by the permittee.

j. Trash and refuse storage for the sidewalk cafe shall not be permitted within the outdoor dining area or on adjacent sidewalk areas and the permittee shall remove all trash and litter as they accumulate. The permittee shall be responsible for maintaining the outdoor dining area, including the sidewalk surface and furniture and adjacent areas, in a clean and safe condition.

k. Hours of operation shall be no greater than those of the indoor restaurant or delicatessen.

l. The city shall have the right to prohibit the operation of a sidewalk cafe at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events, parades, repairs to the street or sidewalk, or emergencies occurring in the area. To the extent possible, the permittee will be given prior written notice of any time period during which the city will prohibit the operation of the sidewalk cafe.

m. No off-street parking is required for a sidewalk cafe.

4. Approval Authority. For purposes of a sidewalk cafe conditional use permit, the planning director may exercise the authority of the planning commission under Chapter 17.60 LCMC.

5. Findings and Conditions. In connection with approval of a conditional use permit, the planning director shall make findings that the proposed operation meets the limitations of this section. The planning director may impose such conditions in granting approval as deemed necessary to assure that the proposed operation will meet the operating requirements and conditions set forth in this section and to assure that the general public health, safety and welfare will be protected.

6. Term and Renewal. The planning director may approve a conditional use permit for a sidewalk cafe for a maximum period of one year in accordance with Chapter 17.60 LCMC. Thereafter, the planning director, if an extension application is filed prior to any expiration date of the conditional use permit, may extend the permit for additional periods, with the same or modified conditions of approval, not to exceed one year for each extension, following his/her review and approval of the sidewalk cafe’s operations. Alternatively, the planning director may decide not to extend the permit. The planning director must find that the conditions of the permit have not been violated in order to extend the permit.

7. Revocation. A conditional use permit may be revoked by the planning commission, following notice to the permittee and a public hearing, upon a finding that any of the following are true:

a. That one or more conditions of the permit have been violated;

b. That one or more conditions of this section have been violated;

c. That the sidewalk cafe is being operated in a manner which constitutes a nuisance; or

d. That the operation of the sidewalk cafe unduly impedes or restricts the movement of pedestrians past the sidewalk cafe.

L. Repealed by Ord. 2008-21. (Ord. 2008-21 § 2; Ord. 2000-09 § 3; Ord. 84-2 § 3.105(6))

17.45.070 Signs.

Signs are allowed within the TVC zone in compliance with the provisions of Chapter 17.72 LCMC, except that:

A. Freestanding pole signs and internally illuminated signs are prohibited.

B. Sign Area.

1. Attached Signs. The total cumulative square footage allowable for attached signs per commercial establishment in the TVC zone is 32 square feet. There is no limit to the number of attached signs.

2. Freestanding Signs. The total cumulative square footage allowable for freestanding signs per commercial establishment in the TVC zone is 32 square feet. The maximum number of freestanding signs is one per lot. The maximum height is six feet.

C. Sign Area Bonus. For commercial establishments that do not have an on-site freestanding sign, the maximum allowable sign area for attached signs can be increased to 64 square feet.

D. Pedestrian-Oriented Sign Bonus. The planning director shall have authority to grant additional pedestrian-oriented signs up to a total of 12 square feet for all such signs. The maximum size for any one pedestrian sign shall be six square feet. Pedestrian-oriented signs include: window signs, small wall-mounted or projecting signs located not more than 10 feet above grade, signs placed on awning valances, and signs suspended under canopies and awnings. Signs that are suspended above pedestrian walkways shall provide a minimum of seven and one-half feet of clearance. (Ord. 2000-09 § 3; Ord. 84-2 § 3.105(7))

17.45.080 Parking.

Off-street parking and loading for uses within the TVC zone shall be provided in accordance with Chapter 17.56 LCMC with the following modifications:

A. Fractional Spaces. Any use requiring less than a full parking space shall be deemed not to require that space.

B. On-Street Parking. Existing or required paved parking spaces, for standard-sized vehicles in a public street or alley that abuts a parcel, are eligible to meet part or all of the parking requirements for the 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, or the number that will be within 200 feet upon completion of planned street/parking improvements, whichever is greater, may be counted toward the required number of parking spaces for commercial or mixed uses.

C. Off-Street Parking Reduction. For parcels with mixed use development, the number of off-street parking spaces required by Chapter 17.56 LCMC shall be reduced by the greater of the number of spaces listed below. To be eligible for the parking space reduction, the property owner shall pay an in-lieu parking fee in accordance with subsection (H) of this section.

1. Four spaces; or

2. If the parcel is within 400 feet of a public parking lot or garage, 10 spaces or 25 percent of the otherwise required number of spaces, whichever is greater.

D. Residential Parking. For multifamily dwellings, duplexes, and attached single-family dwellings, one and one-half parking spaces shall be required per dwelling unit.

E. Structured Parking. A 10 percent reduction in required parking spaces shall be allowed for all new development if 50 percent or more of required off-street parking is located within a parking structure.

F. Location of Parking.

1. Required parking spaces for commercial or mixed uses shall be located on the same parcel or another parcel not further than 400 feet from the parcel they are intended to serve.

2. With the exception of one-family and two-family dwellings, parking areas shall not be located between a primary building facade and the street, except for Inlet Avenue.

G. Joint-Use Parking. Joint-use parking standards are based on the assumption that patrons will use a single parking space for more than one destination in the TVC and that one parking space will be open and available for short-term parking to serve many different uses which may have different peak hours. Subject to the limitations set out in this subsection, joint-use parking may be provided in accordance with LCMC 17.56.060.

1. Eligible Development. The following categories of development shall be eligible to use joint-use parking standards to meet parking requirements:

a. Commercial or mixed use new construction on sites of less than 20,000 square feet in size;

b. New construction on sites greater than 20,000 square feet in size for retail commercial, restaurants, community centers, museums, and movie theaters; and

c. Additions to existing buildings, rehabilitation of existing buildings, or changes in use or occupancy in existing buildings.

2. Ineligible Development. The following types of uses are not eligible to use joint-use parking standards:

a. New or existing residential uses; and

b. New construction of hotel or office uses on sites greater than 20,000 square feet in size.

H. In-Lieu Parking Fee. In the TVC zone, in lieu of providing some or all of the off-street parking spaces as required, such parking requirements may be satisfied by payment to the city of a fee for each parking space not provided on site. The amount of the in-lieu fee shall be prescribed by the city council. The fee may include ongoing annual fee payments for purposes of providing funds to support operating and maintenance expenses of the parking facilities. The funds shall be retained by the city and shall be used exclusively for the purpose of acquiring, developing, maintaining, and operating public off-street parking facilities in the TVC zone. (Ord. 2000-09 § 3; Ord. 84-2 § 3.105(8))

17.45.090 Development incentives.

In order to achieve the type and quality of development and revitalization envisioned for Taft, certain development incentives may be allowed to encourage developers and property owners to participate in the various programs described below. Incentive bonuses may be granted at the discretion of the planning director and nothing contained herein shall obligate the planning director to provide any of the following bonuses or give an applicant any right to any of the following bonuses.

A. Pedestrian Amenities Incentive. Within the TVC zone, it is desirable to encourage the provision of pedestrian amenities, which include linkages between adjacent uses, public plazas and other pedestrian-oriented areas that encourage interaction between people and vitality to bayside environment.

1. Incentive Bonuses. For projects meeting the requirements for pedestrian linkage, public plazas or weather protection, the following development bonuses may be available:

a. Required parking may be reduced by 10 percent; provided, that a finding can be made that adequate parking will be available to the project.

b. Area of permitted signs may be increased by a maximum of 10 percent; provided, that a finding can be made that the increased sign area does not detract from the beautification and pedestrian-oriented objectives for Taft.

c. Through the development agreement process, the planning director may consider other incentive bonuses, such as reductions in processing fees, in-lieu fees, low interest loans or utility connection fees. The extent of such bonuses may vary on a case-by-case basis between the project applicant and the planning director.

For projects meeting all three requirements (pedestrian linkage, public plazas and weather protection) the above development bonuses plus up to one additional dwelling unit for each 5,000 square feet of lot size may be available.

2. Requirements for Incentive Bonuses.

a. Pedestrian Linkage. In order to qualify for the pedestrian linkage bonus, a proposed project must meet all of the following requirements, unless otherwise determined by the planning director:

i. Pedestrian linkages and pathways that run between buildings shall be a minimum of 10 feet in width; linkages and pathways longer than 50 feet shall be an average of 20 feet wide.

ii. Pedestrian linkages shall be designed to be an integral part of the overall project and shall be configured to provide straightforward access from the development to adjacent land uses. The incorporation of plazas into the design of pedestrian linkages is highly encouraged.

iii. Business entrances are encouraged to front onto a pedestrian linkage or pathway. If it is deemed that a ground floor business entrance cannot front onto a pedestrian linkage or pathway, a minimum of one display window per business shall be provided facing onto the pathway or linkage.

iv. The pedestrian linkage or pathway shall incorporate landscape features, lighting, shade, textured paving, or other design elements to enhance the overall pedestrian environment and provide a high level of security, attractiveness, and convenience.

v. The property owner shall be responsible for maintenance and other liabilities of the pedestrian linkages.

Pedestrian Linkages

b. Public Plaza. In order to qualify for the public plaza incentive bonus, a proposed project must meet all of the following requirements. Where inconsistent setbacks occur along the street, plazas shall be considered to compensate for the broken building edge.

i. Plazas shall be designed with unimpeded lines of sight to and from the public sidewalk and pedestrian linkages.

ii. Physical access shall be provided from the public sidewalk to plazas, via pedestrian linkages.

iii. Visual features, such as public art or a fountain, shall be incorporated in plazas to attract pedestrians.

iv. Shade trees or other elements providing relief from the sun, rain, and wind shall be incorporated within plazas. Landscaping shall provide special interest through unique foliage, color, and seasonal changes in plant habit, scent, or floral display.

v. Special paving and street furniture per the Taft streetscape furniture palette, as provided in Figure 17.45.090-A, shall be used in plazas to complement the streetscape elements in the public right-of-way.

vi. The property owner shall be responsible for maintenance and other liabilities of the public plazas.

c. Weather Protection. In order to qualify for incentive bonuses, a weather protection structure shall be provided along all street frontages designed for edge treatment A. Weather protection structures shall be reviewed and approved by the planning director, city engineer and all affected public utility agencies. The weather protection structure shall incorporate the following design features:

i. The structure, e.g., canopies, porches, porticos, arcades, colonnades, verandas, balconies, building cantilevers, and building second stories, shall provide weather protection between the building face and curb line either within the existing public right-of-way or sidewalk easement.

ii. A minimum 10-foot clearance must be achieved between the bottom of the weather protection structure and the ground below.

iii. All-weather protection structure support features such as columns, posts, pillars, etc., must be located so as to align with the existing curb line. A minimum 10-foot separation shall be achieved between support features. In addition, a sidewalk with a minimum width of five feet shall be achieved between the building face and back of curb.

iv. Where existing weather protection structures exist on adjacent properties, proposed protection structures shall be fully attached and integrated with the existing structure so as to achieve continuous weather protection along the street frontage.

v. The design of the weather protection structure and materials utilized shall generally comply with the design theme guidelines adopted for the Taft Village core and will include property owner input into alternative designs.

Figure 17.45.090-A

(Ord. 2000-09 § 3; Ord. 84-2 § 3.105(9))

17.45.100 Nonconforming uses and structures.

A. Continuation of Nonconforming Use. A use lawfully occupying a structure or site on November 6, 2000, that does not conform to the regulations for the Taft Village core zone shall be deemed to be a nonconforming use and may be continued, subject to the following regulations:

1. Routine maintenance and repairs may be performed on structures or sites the use of which is nonconforming.

2. Structures or sites, the use of which is nonconforming, may be altered, renovated, enlarged, replaced, or moved if, and only if:

a. As to any added area, at least the entire added area will be used for a use that conforms to the regulations for the Taft Village core zone; and

b. The area continuing to be used for the nonconforming use is not more than the area lawfully used for the nonconforming use immediately prior to the alteration, renovation, enlargement, replacement, or movement.

B. Continuation of Nonconforming Structure. A structure lawfully occupying a site on November 6, 2000, that does not conform to the regulations for the Taft Village core zone shall be deemed to be a nonconforming structure and may be continued or replaced, subject to the following regulations:

1. Routine maintenance and repairs may be performed on nonconforming structures.

2. Nonconforming structures may be altered, renovated, enlarged, replaced, or moved if, and only if, the alteration, renovation, enlargement, replacement, or movement does not cause the ultimate structure to further violate the regulation or regulations under which the structure was nonconforming.

C. Applicability of Chapter 17.64 LCMC (Nonconforming Uses). LCMC 17.64.020(A) and 17.64.030(A) shall not apply to nonconforming uses and structures in the Taft Village core zone. Except as so limited, Chapter 17.64 LCMC shall apply to nonconforming uses and structures in the Taft Village core zone. (Ord. 2010-05 § 4; Ord. 2000-09 § 3; Ord. 84-2 § 3.105(10))