Chapter 17.80
PROVISIONS APPLYING TO SPECIAL USES
Sections:
17.80.010 Schools.
17.80.020 Utility substation or pumping substation.
17.80.030 Automobile service station.
17.80.040 Standards for mobile home parks and recreational vehicle parks.
17.80.050 Vacation rental dwelling use criteria.
17.80.060 Bed and breakfast accommodation standards.
17.80.070 Essential emergency communications and warning facilities.
17.80.080 Animals and gardens.
17.80.090 Small wind energy systems.
17.80.100 Small solar energy systems.
17.80.010 Schools.
A. Nursery schools, day care centers and kindergartens shall have a minimum site size of 10,000 square feet and shall provide and thereafter maintain outdoor play areas with a minimum area of 100 square feet per child of total capacity. In all zones, a sight-obscuring fence of at least five feet but not more than six feet in height shall be provided separating the play area from abutting lots. Adequate off-street parking and loading shall be provided pursuant to Chapter 17.56 LCMC.
B. Elementary schools shall provide one acre of site area for each 90 pupils or one acre for every three classrooms, whichever is greater.
C. Secondary schools shall provide one acre of site area for each 75 pupils or one acre for every two and one-half classrooms, whichever is greater. (Ord. 92-3 § 4; Ord. 84-2 § 10.010)
17.80.020 Utility substation or pumping substation.
In the case of a utility substation or pumping substation, the planning commission may waive the minimum lot size requirement of the underlying zone only if it is determined that the waiver will not have a detrimental effect on adjacent property. (Ord. 92-3 § 4; Ord. 84-2 § 10.020)
17.80.030 Automobile service station.
Automobile service stations shall comply with the following development standards:
A. Site and Location.
1. The minimum area for a service station site shall be 14,000 square feet.
2. The minimum street frontage on a corner lot shall be 120 feet.
3. The minimum street frontage on an interior lot shall be 150 feet. (Ord. 92-3 § 4; Ord. 84-2 § 10.030)
17.80.040 Standards for mobile home parks and recreational vehicle parks.
A. Mobile Home Park Standards.
1. All mobile home parks shall be so designed so as to comply with state statutes.
2. If space for a mobile home in the park is located more than 500 feet from a public fire hydrant, the park shall be provided with hydrants so that no mobile home within the park shall be more than 500 feet from a hydrant when the park is fully occupied. Each hydrant shall be located on a vehicular way within the park and shall conform in design and capacity to the public hydrant standards in the city.
3. Except for the accessory roadway(s) of the park, a decorative, sight-obscuring fence at least five but no more than six feet in height shall be located 10 feet back from the outer boundary of the mobile home park. The area between the sight-obscuring fence and mobile home park boundary shall be landscaped. The fence and landscaping plan shall be approved by the planning commission.
4. Storage space (for boats, campers, etc.) shall be provided within the mobile home park at the rate of one 10-foot by 20-foot space in size for every four mobile homes within the park’s designed maximum capacity. Adequate maneuvering room shall be provided.
5. In any mobile home park, no more than 20 percent of the total spaces shall be available to and used by recreational vehicles. Such spaces shall be designed, constructed and maintained under the standards for a recreational vehicle park in this title. Furthermore, all such spaces shall be contiguous in one area of the park.
6. In every mobile home park there shall be a resident manager. The resident manager shall maintain a permanent residence within the park and shall be either the owner or his agent charged for the care and control of the mobile home park. The owner of the park shall notify the planning commission of the name of the original resident manager and all changes thereto within 14 days after any change takes place.
B. Recreational Vehicle Park Standards.
1. Surface drainage plans for the entire park shall be reviewed by the city manager or his designee. Exposed ground surfaces in all parts of the park shall be paved, or covered with stone screening or other solid materials, or protected with a vegetative growth capable of preventing soil erosion and of eliminating objectionable dust.
2. The space provided for each recreational vehicle shall not be less than 1,200 square feet. To the greatest extent possible, parks should be developed to preserve their natural character.
3. Each site for an individual recreational vehicle shall contain a paved pad of at least 400 square feet.
4. Recreational vehicles shall be separated from each other and from other structures by at least 10 feet. Any accessory structure attached to the recreational vehicle shall, for purposes of this separation requirement, be considered to be part of the recreational vehicle.
5. Off-street parking spaces shall be provided and improved in accordance with the requirements of Chapter 17.56 LCMC.
6. Roadways shall not be less than 30 feet in width if parking is permitted on the margin of the roadway or less than 20 feet in width if parking is not permitted on the edge of the roadway. All such roadways shall be paved with asphalt or concrete and be designed to permit easy access to each recreational vehicle space for recreational vehicles of at least 35 feet in length.
7. Except for the accessory roadway(s) of the park, a decorative sight-obscuring fence at least five but no more than six feet in height shall be located five feet back from the outer boundary of the recreational vehicle park. The area between the sight-obscuring fence and the recreational vehicle park boundary shall be landscaped. The fence and landscaping shall be approved by the planning commission.
8. Permanent occupancy is prohibited. No recreational vehicle shall be used as a permanent place of abode, dwelling or business or for indefinite periods of time. Continuous occupancy extending beyond three months in any 12-month period shall be presumed to be permanent occupancy.
9. Trash receptacles for the disposal of solid waste materials shall be provided in convenient locations for the use of guests of the park in such number and of such capacity that there is no uncovered accumulation of trash at any time, and that such containers shall be surrounded by sight-obscuring fence.
10. The park is to be maintained in a neat appearance at all times. Except for vehicles, there shall be no outside storage of materials or equipment belonging to the park or to any guest of the park. (Ord. 92-8 § 12; Ord. 92-3 § 4; Ord. 84-2 § 10.040)
17.80.050 Vacation rental dwelling use criteria.1
A. Purpose.
1. Purpose. Vacation rental dwellings are allowed in recognition of the fact that property owners may desire to allow others to use a vacation home on occasions when the owners themselves are not using it, and the accommodation option that best fulfills the desires of many guests visiting Lincoln City is the rental of a private home during their stay.
2. Basis. The city council finds:
a. The use of vacation rental dwellings can have a perceived negative cumulative effect on Lincoln City neighborhoods by creating nuisances including but not limited to excessive loud noise, excessive numbers of parked vehicles interfering with vehicle access along public roadways and blocking private drives, and litter migrating onto adjacent properties from untended solid waste receptacles.
b. An absentee owner may not be aware of the extent to which use of a vacation rental dwelling potentially causes negative effects on neighboring properties and the livability of a neighborhood.
c. All owners of property in the city have a common interest in maintaining and promoting livable and viable neighborhoods for residents and visitors alike.
B. Vacation Rental Dwelling Standards. Except where noted, the following standards apply to all vacation rental dwellings in the city:
1. Ownership. The approved use of the vacation rental dwelling in any zone is in the name of the property owner and the approval, including any license, is not transferable. When the owner sells or transfers the property occupied or rented as a vacation rental dwelling, the approved use shall cease.
a. For purposes of this chapter, “sale or transfer” means any change of ownership during the lifetime of the owner, whether or not there is consideration, or after the death of the owner, except a change in ownership where title is held in survivorship with a spouse or domestic partner, or transfers on the owner’s death to a trust which benefits only a spouse or domestic partner for the lifetime of the spouse or domestic partner. An owner may transfer ownership of the real property to a trustee, a limited liability company, a corporation, a partnership, a limited partnership, a limited liability partnership, or other similar entity and not be subject to loss of approval of the vacation rental dwelling use so long as the transferor lives and remains the only owner of the entity. Upon the transferor’s death or the sale or transfer of his or her interest in the entity to another person, the approval for the use held by the transferor shall terminate.
b. For purposes of this chapter, “person” means the natural person or legal entity that owns and holds legal and/or equitable title to the property. If the owner is a natural person, or where the natural person has transferred his or her property to a trust of which the natural person is the trustor, that person can have an ownership right, title, or interest in no more than one dwelling unit in a residential zone that has a vacation rental dwelling permit. If the owner is a business entity such as a partnership, corporation, limited liability company, limited partnership, limited liability partnership or similar entity, any person who owns an interest in that business entity shall be considered an owner and such a person can have an ownership right, title, or interest in no more than one dwelling unit in a residential zone that has a vacation rental dwelling permit.
2. Accessory or Permitted Use. A VRD is allowed as an accessory use in a residential zone and a permitted use in a commercial zone, provided the VRD meets the applicable standards of this chapter and obtains a license under Chapter 5.14 LCMC.
3. Parking. In any residential or commercial zone, one off-street parking space will be provided for each bedroom in the dwelling unit, and no less than two spaces will be provided for each dwelling unit. If the proposed VRD use cannot provide the required parking and also meet the other standards of subsection (B) of this section, including required landscaping, the vacation rental occupancy of the dwelling shall be reduced to conform to the available amount of off-street parking and made a condition of licensing under Chapter 5.14 LCMC.
a. The planning and community development director has the discretion to require such changes as are necessary to conform the dwelling to available approved parking and shall inspect the dwelling as necessary to confirm the occupancy has been so conformed prior to approving the use in any allowed zone. An example is changing a bedroom to another use.
b. No more vehicles shall be parked on the property than there are designated off-street parking spaces.
c. Outside the garage or carport, no triple stack of vehicles is allowed on the property. “Triple stacking” means parking in such a way as to require a vehicle to cross all or part of two other parking spaces.
d. No variance from the parking standards is allowed.
4. Solid Waste. The owner must provide securable receptacles of sufficient size for the deposit of solid waste generated by the vacation rental dwelling use and subscribe to a solid waste collection service for service sufficient for the vacation rental dwelling during all months the dwelling is used for vacation rental. No dumpsters are allowed.
5. Landscaping.
a. Residential Zones. The owner must landscape all yards. Landscaping must meet the following standards:
i. Area. A minimum of 40 percent of the lot must be landscaped.
ii. Front Yard. A minimum of 50 percent of the front yard (the area between the side lot lines, the front lot line, and the front of the dwelling) must be landscaped.
iii. Hardscape Features. A maximum of 50 percent of the required landscape area may consist of hardscape features such as patios and decks, but not swimming pools, sport courts, driveways, or parking areas.
iv. Nonliving Plant Ground Covers. Bark dust, chips, aggregate, or other nonliving plant ground covers may be used on an area covering no more than 25 percent of the area to be landscaped.
v. Plants. The use of native and drought-tolerant plant species is encouraged. Plants shall be species that are known to thrive in the Northern Oregon coastal environment, and either listed in the Lincoln City Tree Planting Guide and List of Recommended Species, or recommended by a licensed nurseryman as being suitable for the local climate, as approved by the planning and community development director. The use of noxious or invasive plant species is prohibited.
vi. Shrub Size. Shrubs shall be planted from three gallon containers or larger.
vii. Ground Cover Size. Ground cover plants shall be sized and spaced so that they grow together to cover a minimum of 50 percent of the landscaped area within three years of planting.
viii. Maintenance and Irrigation. Adequate irrigation shall be temporarily provided for all plants until they are established and permanently provided for all plants that are not drought tolerant. The owner must maintain all plantings in good condition and must replace with like plants any plants that are removed or die for any reason.
b. Commercial Zones. The owner shall install and maintain the landscaping as approved in the approved site plan for the commercial use or mixed-use application, or at a minimum meet the landscaping standards of subsection (B)(5)(a) of this section if site plan approval is not required.
6. Signs. In both residential and commercial zones, any sign on the property shall be in compliance with the sign requirements for the use in the R-1 zone, as established in LCMC 17.72.060(B).
7. TRT. The owner shall comply with Chapter 3.04, Transient Room Tax.
8. VRD License. Prior to making a VRD available for use, including advertising by any means or otherwise offering the VRD for use, the owner shall obtain a valid VRD License as provided in Chapter 5.14 LCMC.
C. Application and Review.
1. Application Requirements.
a. The owner of the property or authorized agent shall apply for a vacation rental dwelling on a form provided by Lincoln City. The owner shall sign the application. No application shall be accepted without payment of the application fee.
b. At a minimum, the names, mailing addresses, and telephone numbers of all persons holding an ownership interest in the property, or holding an ownership interest in the entity that owns the property, shall be provided in the application.
c. The applicant shall certify that the person identified as the owner on the application does not own other property in the city that is used as a vacation rental dwelling or is approved by the city for vacation rental dwelling use, if the application is for a vacation rental dwelling in a residential zone.
d. The applicant shall certify solid waste collection service is provided to the property.
e. The application shall demonstrate parking and landscaping standards of this section are met.
f. Providing false information in the application shall be a violation and grounds to deny the application, void the approval, enjoin the use, and revoke a vacation rental dwelling license issued for the dwelling under Chapter 5.14 LCMC.
2. Administrative Review and Decision.
a. The planning and community development director shall review an application for VRD in any zone under the applicable standards of subsection (B) of this section and shall issue an administrative decision on the application.
b. Notice of administrative decision shall be provided as required in LCMC 17.76.020 and mailed at applicant’s expense to all owners of property of record as indicated on the most recently available tax assessment roll, located within 250 feet of the exterior boundary of the property for which the application is made. Where 50 percent or more of the number of properties in the area subject to notice are owned by the same person, as defined in this section, the notice area shall be expanded until the number of properties owned by the same person constitutes 20 percent or less of the properties in the notice area. The notice shall contain the information required by LCMC 17.76.020(A) and allow any person opportunity to appeal the decision within 20 days of mailing of the notice. The mailed notice shall state that if tenants or lessees are in possession of the property, the city requests the owner to provide a copy of the notice to each tenant or lessee.
c. The authorization for VRD use shall remain valid provided the use is conducted lawfully, under a valid revocable vacation rental dwelling license issued under Chapter 5.14 LCMC, and in compliance with Chapter 3.04 LCMC, Transient Room Tax.
3. Appeal. The decision of the planning and community development director on an application for vacation rental dwelling use may be appealed as provided in LCMC 17.76.040(A). Appeal of the decision of the planning and community development director shall be in the form of an evidentiary hearing before the planning commission. The planning commission decision shall be final and is not subject to further appeal.
4. Fees. The city is authorized to adopt fees in an amount established by resolution to recover the actual costs of processing and reviewing an application for vacation rental dwelling use including fees for appeals of such decisions.
D. Violation – Penalties – Sanction.
1. Offering or making available a vacation rental dwelling for occupancy, use, or rent, with or without an exchange of value or other consideration, without first obtaining city approval of the use under this section, is a violation and enforceable as a Class A civil infraction.
a. Proof the dwelling is advertised, listed with an agent, or publicly described in any manner by the owner or owner’s agent as a vacation rental dwelling creates a rebuttable presumption that a vacation rental dwelling exists and is available for use, rent, or occupancy.
b. Oral or written statements indicating a vacation rental dwelling is or was made available for use, rent, or occupancy, including but not limited to an advertisement, offer, agreement, or correspondence in any medium, made on or about the date of an alleged violation, are admissible in court for the purpose of establishing a presumption that the vacation rental dwelling was available for occupancy on the date of the alleged violation, whether or not the dwelling was actually rented, used or occupied on such date.
c. When a vacation rental dwelling is shown to be made available on a particular date, it is presumed the VRD continues to be made available unless the defendant proves otherwise.
2. Operating a vacation rental dwelling in violation of any of the standards of subsection (B) of this section is a Class A violation enforceable as provided in Chapter 1.16 LCMC, grounds to suspend or revoke a license under Chapter 5.14 LCMC, and a nuisance.
3. A person convicted of violating this section is subject to a fine as a penalty as established in Chapter 1.16 LCMC. Each day of violation is a separate violation.
E. Prior Existing Use.
1. Application of Chapter 17.60 LCMC, Conditional Uses. Any vacation rental dwelling accessory approved by the city under the conditional use standards of Chapter 17.60 LCMC as in effect prior to November 21, 2007, and lawfully conducted may continue as a nonconforming use after such date, provided the occupancy of the vacation rental dwelling is lawfully conducted under a valid vacation rental dwelling license or renewal license as required by this section. The owner of the dwelling has the burden of establishing a prior approved conditional use when applying for a vacation rental dwelling license or license renewal.
2. A vacation rental dwelling accessory use that is not a conditional use and was approved by the city prior to November 21, 2007, shall be allowed to continue provided the owner obtains an annual vacation rental dwelling license or renewal license as required by this section. Provided the occupancy is otherwise lawfully conducted, the use may continue until such time as the license holder sells, transfers or conveys the property to which the approved use and license apply. The owner of the dwelling has the burden of establishing a prior approved use when applying for a vacation rental dwelling license or license renewal.
3. Except as specifically provided in this subsection, any use conducted under subsection (E) of this section must otherwise conform to all requirements of this section and other applicable code provisions, including but not limited to Chapters 3.04 and 5.14 LCMC. (Ord. 2009-11 § 4; Ord. 2009-02 § 1; Ord. 2008-17 § 1; Ord. 2008-07 § 1; Ord. 2007-11 § 1; Ord. 2002-02 § 2; Ord. 95-15 § 16; Ord. 92-3 § 4; Ord. 84-2 § 10.050)
17.80.060 Bed and breakfast accommodation standards.
Bed and breakfast accommodations shall comply with the following standards:
A. All residences used for bed and breakfast accommodations shall be owner-occupied. No separate structures shall be allowed.
B. No more than 25 percent of the entire structure but no more than two bedrooms shall be used as a part of the bed and breakfast accommodation.
C. Each room rented shall not be rented for a period to exceed 15 consecutive days.
D. Maximum signage of one and one-half square feet shall be allowed in residentially zoned areas of the city.
E. Bed and breakfast accommodations must maintain the residential lawn nature of front and side yards. (Ord. 95-15 § 17; Ord. 84-2 § 10.060)
17.80.070 Essential emergency communications and warning facilities.
A. Essential emergency communications and warning facilities are not required to comply with the minimum lot size, parking, landscaping, city services availability, or yard requirements of the zone in which they are located.
B. Essential emergency communications and warning facilities are not required to comply with the requirements of LCMC 17.52.240. (Ord. 2005-14 § 13; Ord. 84-2 § 10.070)
17.80.080 Animals and gardens.2
A. Animals. The keeping of small animals, farm animals, domestic fowl, and worms is permitted in all zones as an accessory use to any principal use permitted outright or to a permitted conditional use, in each case subject to the standards of this section.
1. Small Animals. Up to three small animals may be kept accessory to each business establishment or dwelling unit on a lot, except as follows:
a. In no case is more than one miniature potbelly pig allowed per business establishment or dwelling unit.
b. In single-family zones:
i. Accessory dwelling units shall not be considered separate dwelling units for the purpose of this section;
ii. Up to four small animals are permitted on lots of at least 20,000 square feet; and
iii. One additional small animal is permitted for each 5,000 square feet of lot area in excess of 20,000 square feet. Accessory structures, including kennels, for four or more animals must be at least 10 feet from any other lot in a residential zone.
2. Domestic Fowl. Up to five domestic fowl may be kept accessory to any principal use on any lot in addition to the small animals permitted in subsection (A)(1) of this section. For each 1,000 square feet of lot area in excess of the minimum lot area required for the zone or, if there is no minimum lot area, for each 1,000 square feet of lot area in excess of 5,000 square feet, one additional domestic fowl may be kept. The keeping of peafowl is prohibited.
3. Farm Animals. Cows, horses, sheep and other similar farm animals are permitted accessory to any principal use only on lots of at least 20,000 square feet. The keeping of swine is prohibited, except for miniature potbelly pigs allowed under subsection (A)(1)(a) of this section.
a. One farm animal for every 10,000 square feet of lot area is permitted.
b. Farm animals and structures housing them must be kept at least 50 feet from any lot in a residential zone.
4. Vermiculture. Vermiculture is allowed accessory to any principal use on any lot; provided, that the surface area of all bins used for vermiculture does not exceed two square feet for each 1,000 square feet of lot area. Vermiculture bins must be located at least 10 feet from any abutting properties.
B. Gardens. Gardens are permitted in all zones as an accessory use to any principal use permitted outright or to a permitted conditional use, in each case subject to the standards of this section.
1. Personal Gardens. Personal gardens are allowed as an accessory use on any lot. Personal gardens may be used to meet part or all of any landscaping requirement set out in this code. Personal gardens may include structures such as cold frames, greenhouses, and hoop houses in any yard other than a required front yard or street side yard and do not count against the allowed building coverage in any zone, even if the structure requires a building permit. To the extent such structures require a building permit they may not be located closer than three feet to any property line.
2. Community Gardens. Community gardens, including those allowed as a principal use under the regulations of any zone, may include structures such as cold frames, greenhouses, and hoop houses. If the community garden is a use accessory to a principal use involving a building, such structures may be located in any yard other than a required front yard or street side yard and do not count against the allowed building coverage in any zone, even if the structure requires a building permit. To the extent such structures require a building permit they may not be located closer than three feet to any property line (five feet in a residential zone). Community gardens may include a tool house or other storage building not exceeding 10 feet by 10 feet or 10 feet in height and not located closer than three feet to any property line. No off-street parking spaces are required for a community garden.
3. Market Gardens. Market gardens, including those allowed as a principal use under the regulations of any zone, may include structures such as cold frames, greenhouses, and hoop houses. If the market garden is a use accessory to a principal use involving a building, such structures may be located in any yard other than a required front yard or street side yard and do not count against the allowed building coverage in any zone, even if the structure requires a building permit. To the extent such structures require a building permit they may not be located closer than three feet to any property line (five feet in a residential zone). Market gardens may include a tool house or other storage building not exceeding 10 feet by 10 feet or 10 feet in height and not located closer than three feet to any property line. No off-street parking spaces are required for a market garden that is accessory to a principal use that requires parking. If a market garden is a principal use at least one parking space must be provided for the first 5,000 square feet of garden area or portion thereof, and for each 5,000 square feet of garden area beyond the first 5,000 square feet. Market gardens are not subject to the home occupation requirements of LCMC 17.52.010(E). Operators of market gardens are subject to the occupation tax requirements of Chapter 5.04 LCMC. (Ord. 2010-06 § 9; Ord. 2009-05 § 19)
17.80.090 Small wind energy systems.3
A. Accessory Use. A small wind energy system is allowed as an accessory use in all zones in which structures are permitted.
B. General Standards.
1. The minimum distance between the ground and any part of a rotor blade must be at least 20 feet.
2. Small wind energy systems may not be illuminated, nor may they bear any signs or advertising.
3. Small wind energy systems must have automatic braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the support structure, rotor blades, and turbine components.
4. All wiring serving small wind energy systems must be underground.
5. Noise produced by small wind energy systems may not exceed 55 dBA measured at the property line.
6. Small wind energy systems must not cause any interference with normal radio and television reception in the surrounding area, with any public safety agency or organization (including but not limited to police, fire, ambulance, and Coast Guard) radio transmissions, or with any microwave communications link. The owner shall bear the costs of immediately eliminating any such interference should any occur, or must immediately shut down the system or parts of the system causing the interference.
7. A finish (paint/surface) must be provided for the small wind energy system that reduces the visibility of the facility, including the rotors. In most circumstances this condition may be satisfied by painting the support structure and rotors with flat light haze gray paint. If the support structure is unpainted it must be of a single color throughout its height. The owner must maintain the finish, painted or unpainted, so that no discoloration is allowed to occur.
8. The diameter of the area swept by the rotors may not exceed 25 feet.
C. Freestanding Systems – Additional Standards. Small wind energy systems may be mounted on a tower detached from other structures on the lot.
1. Setback. The minimum setback from any property line, overhead utility line, or public right-of-way shall be a distance equal to the vertical distance from the ground to the tip of a wind generator blade when the tip is at its highest point unless the affected utility, property owner, or governmental entity grants written permission for a lesser setback. In addition to the system’s structures, guy wires associated with towers shall meet applicable setbacks for the zone district.
2. Height. Support structures for freestanding systems may not exceed 80 feet in height.
3. Security. Support structures for freestanding systems must be unclimbable from the ground to a height of at least 15 feet.
4. Number. A maximum of one freestanding small wind generator system may be allowed on a parcel of 25,000 square feet or less. One additional freestanding system is allowed for each 12,500 square feet of lot area above 25,000 square feet.
D. Roof-Mounted Systems – Additional Standards. Small wind energy systems may be mounted on the roof of a structure as an appurtenance.
1. Height. Roof-mounted systems may not be more than five feet over the maximum allowed height for the structure.
2. Number. There is no maximum number of roof-mounted systems permitted.
3. Engineering Report. Before any roof-mounted system is mounted the property owner must submit a report prepared by an Oregon licensed professional engineer attesting to the fact that the structure to which the system will be mounted is or will be sufficiently strong to support the system and to withstand the wind, vibratory, and other loads to which it would be subjected as a result of mounting the system on it. This report is subject to approval by the planning and community development director prior to the mounting of the system. (Ord. 2009-06 § 2)
17.80.100 Small solar energy systems.4
A. Accessory Use. A small solar energy system is allowed as an accessory use in all zones in which structures are permitted.
B. General Standards.
1. Ground-mounted solar energy systems are considered structures and must meet applicable setbacks for the zone district.
2. Roof-mounted systems shall be mounted as flush as possible to the roof but in any case not more than three feet above the existing roof. (Ord. 2009-06 § 3)
Editor’s note: Ordinance 2009-11 §§ 2, 3 provide:
The provisions of Ordinance Nos. 2007-11 and 2008-07 as readopted in Section 1 will continue to apply to all vacation rental dwelling permits issued under those ordinances as of June 21, 2009, until such time as the permits expire under their terms or on the latest possible renewal date, or expire by operation of law under Ordinance Nos. 2007-11 and 2008-07, whichever comes first.
A vacation rental permit due to expire December 31, 2009, will be subject to renewal only as a license under the provisions of Ordinance Nos. 2009-02 and 2009-03.
This section was added by Ord. 2009-05 as LCMC 17.80.070. It was editorially renumbered to avoid duplication.
This section was added by Ord. 2009-06 as LCMC 17.80.080. It was editorially renumbered to avoid duplication.
This section was added by Ord. 2009-06 as LCMC 17.80.090. It was editorially renumbered to avoid duplication.