Chapter 17.32
ZONES AND USES
Sections:
17.32.010 Classification of zones.
17.32.020 Zoning district map.
17.32.030 Determination of zoning boundaries.
17.32.040 Unlisted use – Authorization of similar use.
17.32.050 Suburban residential zone – R-10.
17.32.060 Moderate residential zone – R-7.
17.32.070 General residential zone – R-5.
17.32.080 Apartment residential zone – AR.
17.32.090 Mobile home residential zone – MHR.
17.32.095 Mixed use zone – MU.
17.32.100 Highway commercial – HC.
17.32.110 General commercial – GC.
17.32.120 Marine commercial – MC.
17.32.130 Light industrial – LI.
17.32.140 Heavy industrial – HI.
17.32.150 Public lands – PL.
17.32.160 Willamette Greenway – WG.
17.32.170 Olde Towne St. Helens – OTSH.
17.32.175 Houlton business district – HBD.
17.32.180 Waterfront redevelopment overlay district – WROD.
17.32.010 Classification of zones.
All areas within the corporate limits of the city of St. Helens are divided into zoning districts. The use of each tract and ownership of land within the corporate limits is limited to those uses permitted by the zoning classification applicable to each such tract as designated in the following table. The zoning districts within the city of St. Helens are hereby classified and designated as follows:
|
Suburban Residential |
R-10 |
|
Moderate Residential |
R-7 |
|
General Residential |
R-5 |
|
Apartment Residential |
AR |
|
Mobile Home Residential |
MHR |
|
Mixed Use |
MU |
|
Highway Commercial |
HC |
|
General Commercial |
GC |
|
Marine Commercial |
MC |
|
Light Industrial |
LI |
|
Heavy Industrial |
HI |
|
Willamette Greenway |
WG |
|
Public Lands |
PL |
|
Olde Towne St. Helens |
OTSH |
|
Houlton Business District |
HBD |
(Ord. 3110 § 5 (Att. B), 2009; Ord. 2875 § 1.080.010, 2003)
17.32.020 Zoning district map.
(1) The boundaries of each of the foregoing districts listed in the table in SHMC 17.32.010 and the zoning classification and use of each tract in each of said zoning districts is prescribed to coincide with the identifying zone classifications shown on the map entitled “St. Helens Zoning District Map,” dated with the effective date of the ordinance codified in this code and signed by the mayor and city recorder and referred to as the zoning district map and the map by this reference is made a part of the code. A certified print of the adopted zoning district map or map amendments shall be maintained in the office of the planning division as long as the code remains in effect.
(2) Each lot, tract, and parcel of land or portion thereof within the zone boundaries as designated and marked on the zoning map is classified, zoned, and limited to the uses as hereinafter specified and defined for the applicable zone classification.
(3) Amendments to the city zoning district map may be made in accordance with the provisions of this code.
(a) Copies of all map amendments shall be dated with the effective date of the document adopting the map amendment and shall be maintained without change, together with the adopting documents, on file in the planning department; and
(b) The director shall maintain in the office and available for public inspection an up-to-date copy of the city zoning district map to be revised so that it accurately portrays changes of zone boundaries. (Ord. 2875 § 1.080.020, 2003)
17.32.030 Determination of zoning boundaries.
Where, due to the scale, lack of scale, lack of detail, or illegibility of the city zoning district map or due to any other reason, there is uncertainty, contradiction, or conflict as to the intended location of district boundary lines, the boundary lines shall be determined by the director in accordance with the following standards:
(1) Boundaries indicated as approximately following the centerlines of streets, highways, railroad tracks, or alleys shall be construed to follow such centerlines;
(2) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;
(3) Boundaries indicated as approximately following city limits shall be construed as following city limits;
(4) Boundaries indicated as approximately following river, stream, and/or drainage channels shall be construed as following river, stream, and/or drainage channels; and
(5) Whenever any street is lawfully vacated, and when the lands within the boundaries thereof attach to and become a part of lands adjoining such street, the lands formerly within the vacated street shall automatically be subject to the same zoning district designation that is applicable to lands to which the street attaches. (Ord. 2875 § 1.080.030, 2003)
17.32.040 Unlisted use – Authorization of similar use.
(1) Purpose.
(a) It is not possible to contemplate all of the various uses which will be compatible within a zoning district. Therefore, unintentional omissions occur.
(b) The purpose of these provisions is to establish a procedure for determining whether certain specific uses would have been permitted in a zoning district had they been contemplated and whether such unlisted uses are compatible with the listed uses.
(2) Administration. The director shall maintain a list by zoning district of approved unlisted uses and the list shall have the same effect as an amendment to the use provisions of the applicable zone.
(3) Limitation.
(a) The director shall not authorize an unlisted use in a zoning district if the use is specifically listed in another zone as either a permitted use or a conditional use.
(b) The director shall only authorize a residential use that has on-site staff providing residential care, treatment, or training as defined in ORS 443.400 if the use is licensed or certified by a state agency to operate in Oregon prior to final occupancy.
(c) The decision of the director may be appealed in accordance with SHMC 17.24.290.
(4) Approval Standards. Approval or denial of an unlisted use application by the director shall be based on findings that:
(a) The use is consistent with the comprehensive plan;
(b) The use is consistent with the intent and purpose of the applicable zoning district;
(c) The use is similar to and of the same general type as the uses listed in the zoning district;
(d) The use has similar intensity, density, and off-site impacts as the uses listed in the zoning district; and
(e) The use has similar impacts on the community facilities as the listed uses. (Ord. 3032 § 1(3), 2007; Ord. 2875 § 1.080.040, 2003)
17.32.050 Suburban residential zone – R-10.
(1) Purposes. The R-10 zone is intended to provide minimum development standards for residential purposes and to establish larger urban residential home sites.
(2) Uses Permitted Outright. In an R-10 zone, the following uses are permitted outright:
(a) Home child care.
(b) Home occupation, Types I and II (after compliance with Chapter 17.120 SHMC).
(c) Public facilities, minor.
(d) Public park after site design review.
(e) Residential facility.
(f) Residential home.
(g) Single-dwelling unit, detached.
(3) Conditional Uses (See Chapter 17.100 SHMC). In an R-10 zone, the following conditional uses may be permitted upon application:
(a) Auxiliary dwelling units.
(b) Children’s day care or day nursery.
(c) Cultural exhibits and library services.
(d) Elderly/convalescent care facility.
(e) Private park.
(f) Public facilities, major.
(g) Public safety facilities.
(h) Religious assembly.
(4) Standards. In the R-10 zone the following standards shall apply:
(a) The minimum lot size shall be 10,000 square feet for all uses.
(b) The minimum lot width at the building line shall be 70 feet, except on a corner lot it shall be 85 feet.
(c) The minimum lot width at the street shall be 60 feet.
(d) The minimum lot width at the street on an approved cul-de-sac shall be 30 feet.
(e) The minimum lot depth shall be 100 feet.
(f) The minimum front yard shall be 20 feet.
(g) The minimum side yard width shall be 10 feet except on corner lots where the setback shall be 20 feet when facing a street other than an alley.
(h) The minimum rear yard depth shall be 20 feet.
(i) The minimum front and side yards or other setbacks as stated herein shall be increased where such yard or setback abuts a street having insufficient right-of-way widths to serve the area; in such cases, the planning commission shall determine the necessary setback requirements.
(j) The maximum building height shall be 35 feet, except as required in SHMC 17.68.040.
(k) Structures and buildings shall not occupy more than 35 percent of the lot area.
(l) No lot shall have more than one principal building thereon.
(m) The minimum landscaping shall be 25 percent of the lot area.
(5) Additional Requirements.
(a) Residential density transition, SHMC 17.56.040.
(b) Overlay districts chapters:
(i) 17.148, Planned Development,
(ii) 17.36, Historic Sites and Overlay District,
(iii) 17.44, Sensitive Lands, and
(iv) 17.48, Solar Access Requirements.
(c) Supplemental provisions chapters:
(i) 17.52, Environmental Performance Standards,
(ii) 17.56, Density Computations,
(iii) 17.60, Manufactured/Mobile Home Regulations,
(iv) 17.64, Additional Yard Setback Requirements and Exceptions,
(v) 17.68, Building Height Limitations – Exceptions,
(vi) 17.72, Landscaping and Screening,
(vii) 17.76, Visual Clearance Areas,
(viii) 17.80, Off-Street Parking and Loading Requirements,
(ix) 17.84, Access, Egress, and Circulation, and
(x) 17.88, Signs.
(d) Site development review, Chapter 17.96 SHMC.
(e) Development and administration chapters:
(i) 17.100, Conditional Use,
(ii) 17.104, Nonconforming Situations,
(iii) 17.108, Variance,
(iv) 17.116, Temporary Uses,
(v) 17.120, Home Occupations,
(vi) 17.124, Accessory Structures, and
(vii) 17.132, Tree Removal.
(f) Land division chapters:
(i) 17.136, Land Division – Subdivision,
(ii) 17.140, Land Division – Land Partitioning – Lot Line Adjustment,
(iii) 17.152, Street and Utility Improvement Standards, and
(iv) 17.144, Expedited Land Divisions. (Ord. 3032 § 1(4), 2007; Ord. 2875 § 1.080.050, 2003)
17.32.060 Moderate residential zone – R-7.
(1) Purpose. The R-7 zone is intended to provide minimum development standards for residential purposes and to establish urban moderate density residential home sites.
(2) Uses Permitted Outright. In an R-7 zone, the following uses are permitted outright:
(a) Home child care.
(b) Home occupation, Types I and II (per Chapter 17.120 SHMC).
(c) Public facilities, minor.
(d) Public park after site design review.
(e) Residential home.
(f) Single-dwelling unit, detached.
(3) Conditional Uses (See Chapter 17.100 SHMC). In an R-7 zone, the following conditional uses may be permitted upon application:
(a) Auxiliary dwelling units.
(b) Bed and breakfast, homestay, boarding house.
(c) Children’s day care/day nursery.
(d) Community recreation including structures.
(e) Duplex residential units.
(f) Neighborhood store/plaza.
(g) Elderly/convalescent home.
(h) Private park.
(i) Public facilities, major.
(j) Public safety facilities.
(k) Religious assembly.
(4) Standards. In the R-7 zone the following standards shall apply:
(a) The minimum lot size is 7,000 square feet for all uses except for duplexes which need 10,000 square feet on interior lots.
(b) The minimum lot width at the building line shall be 60 feet, except on a corner lot it shall be 85 feet.
(c) The minimum lot width at the street shall be 50 feet; except for duplexes, the minimum lot width shall be 60 feet.
(d) The minimum lot width at the street on an approved cul-de-sac shall be 30 feet.
(e) The minimum lot depth shall be 85 feet.
(f) The minimum front yard shall be 20 feet.
(g) The minimum side yard shall be seven feet except on corner lots where the setback shall be 14 feet when facing a street other than an alley.
(h) The minimum rear yard depth shall be 20 feet.
(i) The minimum front and side yards or other setbacks as stated herein shall be increased where such yard or setback abuts a street having insufficient right-of-way widths to serve the area; in such cases, the planning commission shall determine the necessary setback requirements.
(j) The maximum building height shall be 35 feet.
(k) Buildings and structures shall not occupy more than 35 percent of the lot area.
(l) No lot shall have more than one principal building thereon.
(m) The minimum landscaping shall be 25 percent of the lot area.
(5) Additional Requirements.
(a) Residential density transition, SHMC 17.56.040.
(b) Overlay districts chapters:
(i) 17.148, Planned Development,
(ii) 17.36, Historic Sites and Overlay District,
(iii) 17.44, Sensitive Lands, and
(iv) 17.48, Solar Access Requirements.
(c) Supplemental provisions chapters:
(i) 17.52, Environmental Performance Standards,
(ii) 17.56, Density Computations,
(iii) 17.60, Manufactured/Mobile Home Regulations,
(iv) 17.64, Additional Yard Setback Requirements and Exceptions,
(v) 17.68, Building Height Limitations – Exceptions,
(vi) 17.72, Landscaping and Screening,
(vii) 17.76, Visual Clearance Areas,
(viii) 17.80, Off-Street Parking and Loading Requirements,
(ix) 17.84, Access, Egress, and Circulation, and
(x) 17.88, Signs.
(d) Site development review, Chapter 17.96 SHMC.
(e) Development and administration chapters:
(i) 17.100, Conditional Use,
(ii) 17.104, Nonconforming Situations,
(iii) 17.108, Variance,
(iv) 17.116, Temporary Uses,
(v) 17.120, Home Occupations,
(vi) 17.124, Accessory Structures, and
(vii) 17.132, Tree Removal.
(f) Land division chapters:
(i) 17.136, Land Division – Subdivision,
(ii) 17.140, Land Division – Land Partitioning – Lot Line Adjustment,
(iii) 17.152, Street and Utility Improvement Standards, and
(iv) 17.144, Expedited Land Divisions. (Ord. 3144 § 2 (Att. A), 2011; Ord. 3032 § 1(4), 2007; Ord. 2875 § 1.080.060, 2003)
17.32.070 General residential zone – R-5.
(1) Purpose. The R-5 zone is intended to provide minimum development standards for residential purposes and to establish sites for single-dwelling, detached and attached units for medium density residential developments.
(2) Uses Permitted Outright. In an R-5 zone, the following uses are permitted outright:
(a) Duplex dwelling units.
(b) Home child care.
(c) Home occupation, Types I and II (per Chapter 17.120 SHMC).
(d) Public facility, minor.
(e) Public park.
(f) Residential facility.
(g) Residential home.
(h) Single-dwelling units, attached (five units maximum together).
(i) Single-dwelling unit, detached.
(3) Conditional Uses (See Chapter 17.100 SHMC). In an R-5 zone, the following conditional uses may be permitted upon application:
(a) Auxiliary dwelling units.
(b) Bed and breakfast, homestay, and boarding house.
(c) Children’s day care/day nursery.
(d) Commercial recreation facility.
(e) Cultural exhibits and library services.
(f) Neighborhood store/plaza.
(g) Multidwelling units.
(h) Elderly/convalescent home.
(i) Private park.
(j) Public facilities, major.
(k) Public safety facilities.
(l) Religious assembly.
(4) Standards. In the R-5 zone, the following standards shall apply:
(a) For dwellings the minimum lot size shall be 5,000 square feet for the single-dwelling unit, detached and 5,800 square feet for a duplex dwelling structure and 2,500 square feet for each single-dwelling unit, attached (maximum of five units together). For multidwelling units, use duplex size as base plus 2,500 square feet for each multidwelling unit thereafter.
(b) The maximum building height shall be 35 feet except as required in SHMC 17.68.040.
(c) The minimum lot width at the building line and street shall be 50 feet for detached units. For duplex structures the width shall be a minimum of 58 feet and for attached single-dwelling units the width shall be at least 25 feet wide each. See SHMC 17.64.030 for multidwelling units. For flag lots the width at the street shall be a minimum of 20 feet.
(d) The minimum lot width at the street on an approved cul-de-sac shall be 30 feet.
(e) The minimum lot depth shall be 85 feet.
(f) The minimum front yard shall be 20 feet; see SHMC 17.64.020.
(g) No side yard shall be less than five feet wide for single-dwelling, detached, duplexes and single-dwelling, attached structures and 10 feet for multidwelling structures (see SHMC 17.64.030 for multidwelling units). Corner lots shall have a minimum side yard setback of 10 feet on the flanking street.
(h) The minimum rear yard depth shall be 10 feet. (See SHMC 17.64.030 on multidwelling units.)
(i) The minimum front and side yards or other setbacks as stated herein shall be increased where such yard or setbacks abut a street having insufficient right-of-way widths to serve the area; in such cases, the planning commission shall determine the necessary setback requirements.
(j) Buildings and structures shall not occupy more than 35 percent of the lot area except for single attached and multidwelling units, which can be up to 50 percent.
(k) No lot shall have more than one principal building constructed thereon, except for multidwelling structures.
(l) Multidwellings shall be subject to the special standards of SHMC 17.64.030.
(m) The minimum landscaping for dwellings other than multidwellings shall be 25 percent of the lot area.
(5) Additional Requirements.
(a) Residential density transition, SHMC 17.56.040.
(b) Overlay districts chapters:
(i) 17.148, Planned Development,
(ii) 17.36, Historic Sites and Overlay District,
(iii) 17.44, Sensitive Lands, and
(iv) 17.48, Solar Access Requirements.
(c) Supplemental provisions chapters:
(i) 17.52, Environmental Performance Standards,
(ii) 17.56, Density Computations,
(iii) 17.60, Manufactured/Mobile Home Regulations,
(iv) 17.64, Additional Yard Setback Requirements and Exceptions,
(v) 17.68, Building Height Limitations – Exceptions,
(vi) 17.72, Landscaping and Screening,
(vii) 17.76, Visual Clearance Areas,
(viii) 17.80, Off-Street Parking and Loading Requirements,
(ix) 17.84, Access, Egress, and Circulation, and
(x) 17.88, Signs.
(d) Site development review, Chapter 17.96 SHMC.
(e) Development and administration chapters:
(i) 17.100, Conditional Use,
(ii) 17.104, Nonconforming Situations,
(iii) 17.108, Variance,
(iv) 17.116, Temporary Uses,
(v) 17.120, Home Occupations,
(vi) 17.124, Accessory Structures, and
(vii) 17.132, Tree Removal.
(f) Land division chapters:
(i) 17.136, Land Division – Subdivision,
(ii) 17.140, Land Division – Land Partitioning – Lot Line Adjustment,
(iii) 17.152, Street and Utility Improvement Standards, and
(iv) 17.144, Expedited Land Divisions.
(6) Flag lots are possible in this zoning district. See SHMC 17.140.055. (Ord. 3144 § 2 (Att. A), 2011; Ord. 3032 § 1(4), 2007; Ord. 2875 § 1.080.070, 2003)
17.32.080 Apartment residential zone – AR.
(1) Purpose. The AR zone is intended to provide minimum development standards for residential purposes where complete community services are available and to provide for single dwellings, detached and attached, duplexes, and low/medium-rise multiple-dwelling residential units for heavy density residential development.
(2) Uses Permitted Outright. In an AR zone, the following uses are permitted outright:
(a) Duplex residential units.
(b) Home child care.
(c) Home occupation, Types I and II (per Chapter 17.120 SHMC).
(d) Multidwelling unit residential facilities.
(e) Public facility, minor.
(f) Public park.
(g) Residential facility.
(h) Residential home.
(i) Single-dwelling unit, attached residential units (five units maximum together).
(j) Single-dwelling unit, detached residential units.
(3) Conditional Uses (See Chapter 17.100 SHMC). In an AR zone, the following conditional uses may be permitted upon application:
(a) Auxiliary dwelling units.
(b) Bed and breakfast, homestay, and boarding house.
(c) Children’s day care/day nursery.
(d) Community recreation, including structures.
(e) Commercial recreation facility.
(f) Neighborhood store/plaza.
(g) Hospitals, sanitariums, rest homes, and elderly homes.
(h) Lodge, fraternal, and civic assembly.
(i) Lodging facilities or rooming house.
(j) Parking facilities.
(k) Private parks.
(l) Public facilities, major.
(m) Religious assembly.
(n) Schools and related facilities.
(4) Standards. In the AR zone, the following standards shall apply:
(a) For dwellings the minimum lot size shall be 3,050 square feet for single-dwelling, detached units; 5,000 square feet minimum lot size for duplex structures; 1,600 square feet minimum lot size for single-dwelling, attached units each (maximum of five units together); and 1,500 square feet minimum lot size for each multidwelling unit over the base of 5,000 square feet for the first two units (with no maximum).
(b) The minimum front yard shall be 20 feet.
(c) For duplexes the minimum lot width at the street and building line shall be 50 feet; 30 feet for single detached dwelling units and no minimum for multidwelling unit lots; for flag lots and single attached dwelling units the minimum lot width at the street is 20 feet.
(d) The minimum lot depth shall be 85 feet, except single-dwelling units, attached shall be 80 feet.
(e) No single-dwelling, detached unit yard shall be less than five feet wide on both sides; corners shall be 10 feet wide on flanking street sides. Duplexes, single attached unit buildings, and multiplexes shall have a minimum of 10 feet on side yards.
(f) The minimum rear yard depth shall be 10 feet.
(g) The minimum front and side yards or other setbacks as stated herein shall be increased where such yard or setbacks abut a street having insufficient right-of-way widths to serve the area; in such cases, the planning commission shall determine the necessary setback requirements.
(h) The maximum building height shall be 35 feet, except as required in SHMC 17.68.040.
(i) Buildings and structures shall not occupy more than 50 percent of the lot.
(j) No lot shall have more than one principal building constructed thereon, except for multidwelling structures, in which case there is no such limitation.
(k) The minimum landscaping shall be 25 percent of the lot area except for multidwelling structures.
(5) Additional Requirements.
(a) Residential density transition, SHMC 17.56.040.
(b) Overlay districts chapters:
(i) 17.148, Planned Development,
(ii) 17.36, Historic Sites and Overlay District,
(iii) 17.44, Sensitive Lands, and
(iv) 17.48, Solar Access Requirements.
(c) Supplemental provisions chapters:
(i) 17.52, Environmental Performance Standards,
(ii) 17.56, Density Computations,
(iii) 17.60, Manufactured/Mobile Home Regulations,
(iv) 17.64, Additional Yard Setback Requirements and Exceptions,
(v) 17.68, Building Height Limitations – Exceptions,
(vi) 17.72, Landscaping and Screening,
(vii) 17.76, Visual Clearance Areas,
(viii) 17.80, Off-Street Parking and Loading Requirements,
(ix) 17.84, Access, Egress, and Circulation, and
(x) 17.88, Signs.
(d) Site development review, Chapter 17.96 SHMC.
(e) Development and administration chapters:
(i) 17.100, Conditional Use,
(ii) 17.104, Nonconforming Situations,
(iii) 17.108, Variance,
(iv) 17.116, Temporary Uses,
(v) 17.120, Home Occupations,
(vi) 17.124, Accessory Structures, and
(vii) 17.132, Tree Removal.
(f) Land division chapters:
(i) 17.136, Land Division – Subdivision,
(ii) 17.140, Land Division – Land Partitioning – Lot Line Adjustment,
(iii) 17.152, Street and Utility Improvement Standards, and
(iv) 17.144, Expedited Land Divisions.
(6) Flag lots are possible in this zoning district. See SHMC 17.140.055. (Ord. 3144 § 2 (Att. A), 2011; Ord. 3032 § 1(4), 2007; Ord. 2875 § 1.080.080, 2003)
17.32.090 Mobile home residential zone – MHR.
(1) Purpose. The MHR zone is intended to provide minimum development standards for residential purposes where complete community services are available, and where population concentrations of a moderate nature, including mobile home parks, may develop.
(2) Uses Permitted Outright. In the MHR zone, the following uses and their accessory uses are permitted outright:
(a) Home child care.
(b) Home occupation, Types I and II (per Chapter 17.120 SHMC).
(c) Mobile home parks.
(d) Public parks.
(e) Public facility, minor.
(f) Residential facility.
(g) Residential home.
(h) Single-dwelling unit.
(3) Conditional Uses. In the MHR zone, the following conditional uses may be permitted upon application to the commission, subject to the provisions of Chapter 17.100 SHMC:
(a) Accessory dwelling units.
(b) Bed and breakfast, homestay, and boarding house.
(c) Children’s day care or day nursery.
(d) Community recreation including structures.
(e) Duplexes.
(f) Neighborhood store/plaza.
(g) Multidwelling units.
(h) Private park.
(i) Public facilities, major.
(j) Public or private school or college.
(k) Religious assembly.
(l) Sanitarium, rest home, senior or convalescent care facilities.
(m) Single-dwelling unit, attached.
(n) Travel trailer parks.
(4) Standards. In the MHR zone, the same standards as in the R-5 zone shall apply except for the following:
(a) Standards for mobile home parks shall conform to Chapter 17.60 SHMC.
(5) Additional Requirements.
(a) Residential density transition, SHMC 17.56.040.
(b) Overlay districts chapters:
(i) 17.148, Planned Development,
(ii) 17.36, Historic Sites and Overlay District,
(iii) 17.44, Sensitive Lands, and
(iv) 17.48, Solar Access Requirements.
(c) Supplemental provisions chapters:
(i) 17.52, Environmental Performance Standards,
(ii) 17.56, Density Computations,
(iii) 17.60, Manufactured/Mobile Home Regulations,
(iv) 17.64, Additional Yard Setback Requirements and Exceptions,
(v) 17.68, Building Height Limitations – Exceptions,
(vi) 17.72, Landscaping and Screening,
(vii) 17.76, Visual Clearance Areas,
(viii) 17.80, Off-Street Parking and Loading Requirements,
(ix) 17.84, Access, Egress, and Circulation, and
(x) 17.88, Signs.
(d) Site development review, Chapter 17.96 SHMC.
(e) Development and administration chapters:
(i) 17.100, Conditional Use,
(ii) 17.104, Nonconforming Situations,
(iii) 17.108, Variance,
(iv) 17.116, Temporary Uses,
(v) 17.120, Home Occupations,
(vi) 17.124, Accessory Structures, and
(vii) 17.132, Tree Removal.
(f) Land division chapters:
(i) 17.136, Land Division – Subdivision,
(ii) 17.140, Land Division – Land Partitioning – Lot Line Adjustment,
(iii) 17.152, Street and Utility Improvement Standards, and
(iv) 17.144, Expedited Land Divisions.
(6) Flag lots are possible in this zoning district. See SHMC 17.140.055. (Ord. 3144 § 2 (Att. A), 2011; Ord. 3032 § 1(4), 2007; Ord. 2875 § 1.080.090, 2003)
17.32.095 Mixed use zone – MU.
(1) Purpose. The MU zone is intended to provide for mixed uses in certain areas, generally between general commercial and residential zones. This method allows the market to mostly determine the uses.
(2) Uses Permitted Outright. In an MU zone, the following uses are permitted outright subject to the provisions of this code and especially the chapter on site development review (Chapter 17.96 SHMC):
(a) Car washes.
(b) Congregate housing.
(c) Continuing care retirement community.
(d) Cultural and library services.
(e) Dwellings: single detached or attached, duplexes, and dwellings above permitted uses.
(f) Eating and drinking establishments.
(g) Equipment (small) sales, rental and repairs.
(h) Financial institutions.
(i) Hardware store, without outdoor storage.
(j) Home child care.
(k) Home occupation, Types I and II (per Chapter 17.120 SHMC).
(l) Hotels and motels.
(m) Offices – all.
(n) Personal and business services such as barber shops, beauty shops, tailors, laundries, printing, and locksmiths.
(o) Plumbing, HVAC, electrical and paint sales and service, without outdoor storage.
(p) Produce stands.
(q) Public facility, minor.
(r) Repair and maintenance of permitted retail products.
(s) Residential facility.
(t) Residential home.
(u) Retail sales establishments, not specifically catering to motorists.
(v) Studios.
(w) Theaters, except drive-ins.
(3) Conditional Uses. In the MU zone, the following conditional uses may be permitted upon application, subject to provision of Chapter 17.100 SHMC and other relevant sections of this code:
(a) Auxiliary dwelling units.
(b) Amusement services.
(c) Animal sales and services, grooming, kennels, and veterinary (small animals).
(d) Bar.
(e) Bed and breakfast facilities, homestay, and boarding house.
(f) Broadcast facilities without dishes over 36 inches or transmitter/receiver towers.
(g) Bus and train stations/terminals.
(h) Businesses with outdoor storage (those businesses permitted in subsection (2) of this section).
(i) Child care facility/day nursery.
(j) Drive-up businesses and services.
(k) Dwellings on same level as nonresidential use.
(l) Funeral homes.
(m) Hospitals and senior or convalescent care facilities.
(n) Laundromats and dry cleaners.
(o) Lodge, fraternal and civic assembly.
(p) Lodging facilities or rooming house.
(q) Multidwelling units.
(r) Nurseries and greenhouses.
(s) Parking lots.
(t) Parks, public and private.
(u) Pawn shops.
(v) Public and private schools.
(w) Public facilities, major.
(x) Public safety facilities.
(y) Recreation facilities (public or private).
(z) Religious assembly, including cemeteries.
(aa) Shopping centers.
(bb) Travel trailer parks.
(cc) Vehicle repair, service, and sales.
(4) Standards. In the MU zone the following standards shall apply:
(a) Wherever a proposed structure abuts a residential zone, it may be required to be set back per Chapter 17.72 SHMC.
(b) The maximum building height shall be 45 feet, except as required in SHMC 17.68.040.
(c) Outdoor storage abutting or facing a lot in a residential zone shall comply with Chapter 17.72 SHMC.
(d) Maximum nonresidential lot coverage including all impervious surfaces shall be 90 percent.
(e) Multidwelling units and units above permitted uses must comply with AR standards and other applicable sections of this code.
(f) Single-dwelling units, attached or detached, shall comply with R-5 standards.
(g) Duplexes shall comply with R-5 standards.
(5) Additional Requirements.
(a) Residential density transition, SHMC 17.56.040.
(b) Overlay districts chapters:
(i) 17.148, Planned Development,
(ii) 17.36, Historic Sites and Overlay District, and
(iii) 17.44, Sensitive Lands.
(c) Supplemental provisions chapters:
(i) 17.52, Environmental Performance Standards,
(ii) 17.56, Density Computations,
(iii) 17.60, Manufactured/Mobile Home Regulations,
(iv) 17.64, Additional Yard Setback Requirements and Exceptions,
(v) 17.68, Building Height Limitations – Exceptions,
(vi) 17.72, Landscaping and Screening,
(vii) 17.76, Visual Clearance Areas,
(viii) 17.80, Off-Street Parking and Loading Requirements,
(ix) 17.84, Access, Egress, and Circulation, and
(x) 17.88, Signs.
(d) Site development review, Chapter 17.96 SHMC.
(e) Development and administration chapters:
(i) 17.100, Conditional Use,
(ii) 17.104, Nonconforming Situations,
(iii) 17.108, Variance,
(iv) 17.116, Temporary Uses,
(v) 17.120, Home Occupations,
(vi) 17.124, Accessory Structures, and
(vii) 17.132, Tree Removal.
(f) Land division chapters:
(i) 17.136, Land Division – Subdivision,
(ii) 17.140, Land Division – Land Partitioning – Lot Line Adjustment,
(iii) 17.152, Street and Utility Improvement Standards, and
(iv) 17.144, Expedited Land Divisions.
(6) Flag lots are possible in this zoning district. See SHMC 17.140.055. (Ord. 3144 § 2 (Att. A), 2011; Ord. 3032 § 1(4), 2007; Ord. 2875 § 1.080.095, 2003)
17.32.100 Highway commercial – HC.
(1) Purpose. The HC zone is intended to recognize the existing commercial development along Highway 30 and to limit future commercial activity to retail concerns, activities that cater to motorists, and firms that deal in large goods and require unusual amounts of space.
(2) Uses Permitted Outright. In an HC zone, the following uses are permitted outright subject to the provisions of this code and in particular the chapter on site development review (Chapter 17.96 SHMC):
(a) Boat, trailer and recreational vehicle equipment sales, service and repair.
(b) Building supply firms that conduct business completely within an enclosed building except for outdoor storage.
(c) Bus and train stations/terminals.
(d) Car washes.
(e) Drive-up facilities (see specific requirements in Chapter 17.100 SHMC).
(f) Eating and drinking establishments, including drive-up and carry-out.
(g) Financial institutions, including drive-through (see specific requirements in Chapter 17.100 SHMC).
(h) Gasoline stations.
(i) Motels and hotels.
(j) Motor vehicle sales, service and repair.
(k) Nurseries and greenhouses.
(l) Offices catering to motorists (e.g., insurance claims).
(m) Parking lot.
(n) Plumbing, HVAC, electrical and paint sales and service.
(o) Produce stands.
(p) Public facility, minor.
(q) Retail sales establishments, specifically catering to motorists, including drive-in.
(r) Retail sales of large equipment items and repair and maintenance concerns that conduct business completely within an enclosed building except for outdoor storage.
(s) Shopping plaza (permitted businesses only).
(t) Small equipment rentals, sales and repair.
(u) Theaters, except drive-ins.
(v) Tire shops within an enclosed building.
(3) Conditional Uses. In the HC zone, the following conditional uses may be permitted upon application, subject to provision of Chapter 17.100 SHMC and other relevant sections of this code:
(a) Amusement services.
(b) Animal sales and services, grooming, kennels, and veterinary (small animals).
(c) Dry cleaners and laundromats.
(d) Dwelling units above outright permitted uses.
(e) Funeral homes.
(f) Home occupation in dwelling unit (per Chapter 17.120 SHMC).
(g) Hospitals.
(h) Parks.
(i) Public facilities, major.
(j) Recreation facilities.
(k) Religious assembly.
(l) Retail establishments not directly catering to motorists.
(m) Schools.
(n) Shopping centers (can include all retail, personal services, professional services, medical, and dental offices).
(o) Travel trailer parks.
(4) Standards. In the HC zone the following standards shall apply:
(a) The maximum building height shall be 40 feet.
(b) Outdoor storage abutting or facing a lot in a residential zone shall comply with Chapter 17.72 SHMC.
(c) Parking shall comply with Chapter 17.80 SHMC.
(d) Maximum lot coverage including all impervious surfaces shall be 90 percent.
(e) Minimum landscaping shall be 10 percent of gross land area associated with the use.
(5) Additional Requirements.
(a) Residential density transition, SHMC 17.56.040.
(b) Overlay districts chapters:
(i) 17.148, Planned Development,
(ii) 17.36, Historic Sites and Overlay District, and
(iii) 17.44, Sensitive Lands.
(c) Supplemental provisions chapters:
(i) 17.52, Environmental Performance Standards,
(ii) 17.64, Additional Yard Setback Requirements and Exceptions,
(iii) 17.68, Building Height Limitations – Exceptions,
(iv) 17.72, Landscaping and Screening,
(v) 17.76, Visual Clearance Areas,
(vi) 17.80, Off-Street Parking and Loading Requirements,
(vii) 17.84, Access, Egress, and Circulation, and
(viii) 17.88, Signs.
(d) Site development review, Chapter 17.96 SHMC.
(e) Development and administration chapters:
(i) 17.100, Conditional Use,
(ii) 17.104, Nonconforming Situations,
(iii) 17.108, Variance,
(iv) 17.116, Temporary Uses,
(v) 17.120, Home Occupations,
(vi) 17.124, Accessory Structures, and
(vii) 17.132, Tree Removal.
(f) Land division chapters:
(i) 17.136, Land Division – Subdivision,
(ii) 17.140, Land Division – Land Partitioning – Lot Line Adjustment,
(iii) 17.152, Street and Utility Improvement Standards, and
(iv) 17.144, Expedited Land Divisions. (Ord. 2875 § 1.080.100, 2003)
17.32.110 General commercial – GC.
(1) Purpose. The GC zone is intended to provide for a broad range of commercial operations and services required for the proper and convenient functioning of commercial activities serving the general public locally and regionally but not specifically the traveling motorists.
(2) Uses Permitted Outright. In a GC zone, the following uses are permitted outright subject to the provisions of this code and especially the chapter on site development review (Chapter 17.96 SHMC):
(a) Car washes.
(b) Cultural and library services.
(c) Dwellings above permitted uses (use AR standards).
(d) Eating and drinking establishments.
(e) Equipment (small) sales, rental and repairs.
(f) Financial institutions.
(g) Hardware store, without outdoor storage.
(h) Historic structures (as listed in the comprehensive plan).
(i) Home occupation in dwelling unit (per Chapter 17.120 SHMC).
(j) Hotels and motels.
(k) Offices – all.
(l) Personal and business services such as barber shops, beauty shops, tailors, laundries, printing, and locksmiths.
(m) Plumbing, HVAC, electrical and paint sales and service, without outdoor storage.
(n) Produce stands.
(o) Public facility, minor.
(p) Repair and maintenance of permitted retail products.
(q) Retail sales establishments, not specifically catering to motorists.
(r) Studios.
(s) Theaters, except drive-ins.
(3) Conditional Uses. In the GC zone, the following conditional uses may be permitted upon application, subject to provision of Chapter 17.100 SHMC and other relevant sections of this code:
(a) Amusement services.
(b) Animal sales and services, grooming, kennels, and veterinary (small animals).
(c) Bar.
(d) Bed and breakfast facilities, homestay, and boarding house.
(e) Broadcast facilities without dishes over 36 inches or transmitter/receiver towers.
(f) Bus and train stations/terminals.
(g) Businesses with outdoor storage (those businesses permitted in subsection (2) of this section).
(h) Child care facility/day nursery.
(i) Congregate housing.
(j) Drive-up businesses and services (including those associated with food/restaurants).
(k) Funeral homes.
(l) Hospitals and senior or convalescent care facilities.
(m) Laundromats and dry cleaners.
(n) Lodge, fraternal and civic assembly.
(o) Lodging facilities or rooming house.
(p) Multidwelling units.
(q) Nurseries and greenhouses.
(r) Parking lots.
(s) Parks, public and private.
(t) Pawn shops.
(u) Public and private schools.
(v) Public facilities, major.
(w) Recreation facilities.
(x) Religious assembly, including cemeteries.
(y) Residential facility.
(z) Shopping centers and plazas.
(aa) Travel trailer parks.
(bb) Vehicle repair, service, and sales.
(4) Standards. In the GC zone the following standards shall apply:
(a) The maximum building height shall be 45 feet, except as required in SHMC 17.68.040.
(b) Outdoor storage abutting or facing a lot in a residential zone shall comply with Chapter 17.72 SHMC.
(c) The maximum lot coverage including all impervious surfaces shall be 90 percent.
(d) Multidwelling units must comply with AR standards and other applicable sections of this code.
(e) The minimum landscaping shall be 10 percent of the gross land area associated with the use.
(5) Additional Requirements.
(a) Residential density transition, SHMC 17.56.040.
(b) Overlay districts chapters:
(i) 17.148, Planned Development,
(ii) 17.36, Historic Sites and Overlay District, and
(iii) 17.44, Sensitive Lands.
(c) Supplemental provisions chapters:
(i) 17.52, Environmental Performance Standards,
(ii) 17.56, Density Computations,
(iii) 17.60, Manufactured/Mobile Home Regulations,
(iv) 17.64, Additional Yard Setback Requirements and Exceptions,
(v) 17.68, Building Height Limitations – Exceptions,
(vi) 17.72, Landscaping and Screening,
(vii) 17.76, Visual Clearance Areas,
(viii) 17.80, Off-Street Parking and Loading Requirements,
(ix) 17.84, Access, Egress, and Circulation, and
(x) 17.88, Signs.
(d) Site development review, Chapter 17.96 SHMC.
(e) Development and administration chapters:
(i) 17.100, Conditional Use,
(ii) 17.104, Nonconforming Situations,
(iii) 17.108, Variance,
(iv) 17.116, Temporary Uses,
(v) 17.120, Home Occupations,
(vi) 17.124, Accessory Structures, and
(vii) 17.132, Tree Removal.
(f) Land division chapters:
(i) 17.136, Land Division – Subdivision,
(ii) 17.140, Land Division – Land Partitioning – Lot Line Adjustment,
(iii) 17.152, Street and Utility Improvement Standards, and
(iv) 17.144, Expedited Land Divisions. (Ord. 3032 § 1(4), 2007; Ord. 2875 § 1.080.110, 2003)
17.32.120 Marine commercial – MC.
(1) Purpose. The MC zone is intended to encourage a wide range of water-related activities both commercial and residential.
(2) Uses Permitted Outright. In the MC zone the following uses are permitted outright subject to the provisions of this code and especially the site development review chapter (Chapter 17.96 SHMC):
(a) Boathouses.
(b) Boat launching or moorage facilities and marine boat charter services.
(c) Boat or marine equipment sales, service, storage, rental, or repair (including gas for marine vehicle use).
(d) Dwellings located above permitted uses (use AR standards, except yard requirements, which are based on the use at ground level below the dwelling or dwellings).
(e) Eating and drinking establishments including carry-out.
(f) Home occupation in dwelling unit (per Chapter 17.120 SHMC).
(g) Hotels and motels.
(h) Houseboats.
(i) Parking lots.
(j) Public facility, minor.
(k) Public parks and public recreational facilities.
(l) Retail sale of sporting goods, groceries, and similar commodities required by marine recreationists.
(m) Retail sale of handicraft and tourist goods.
(n) Marine-related club facility.
(3) Conditional Uses. In the MC zone the following uses may be permitted upon approval subject to the provisions of this code, especially those in Chapter 17.100 SHMC for conditional uses:
(a) Commercial amusement and recreational facilities.
(b) Multidwelling units (must comply with AR standards and other applicable sections of this code).
(c) Private parks.
(d) Public facilities, major.
(e) Travel trailer parks.
(4) Standards. In the MC zone the following standards shall apply:
(a) The maximum building height shall be determined on a case by case basis (see SHMC 17.68.040).
(b) Outdoor storage abutting or facing a lot in a residential zone shall comply with Chapter 17.72 SHMC.
(c) The maximum lot coverage including all impervious surfaces shall be 90 percent.
(d) The minimum landscaping shall be 10 percent of gross land area associated with the use.
(5) Additional Requirements.
(a) Residential density transition, SHMC 17.56.040.
(b) Overlay districts chapters:
(i) 17.148, Planned Development,
(ii) 17.36, Historic Sites and Overlay District,
(iii) 17.44, Sensitive Lands, and
(iv) 17.48, Solar Access Requirements.
(c) Supplemental provisions chapters:
(i) 17.52, Environmental Performance Standards,
(ii) 17.56, Density Computations,
(iii) 17.60, Manufactured/Mobile Home Regulations,
(iv) 17.64, Additional Yard Setback Requirements and Exceptions,
(v) 17.68, Building Height Limitations – Exceptions,
(vi) 17.72, Landscaping and Screening,
(vii) 17.76, Visual Clearance Areas,
(viii) 17.80, Off-Street Parking and Loading Requirements,
(ix) 17.84, Access, Egress, and Circulation, and
(x) 17.88, Signs.
(d) Site development review, Chapter 17.96 SHMC.
(e) Development and administration chapters:
(i) 17.100, Conditional Use,
(ii) 17.104, Nonconforming Situations,
(iii) 17.108, Variance,
(iv) 17.116, Temporary Uses,
(v) 17.120, Home Occupations,
(vi) 17.124, Accessory Structures, and
(vii) 17.132, Tree Removal.
(f) Land division chapters:
(i) 17.136, Land Division – Subdivision,
(ii) 17.140, Land Division – Land Partitioning – Lot Line Adjustment,
(iii) 17.152, Street and Utility Improvement Standards, and
(iv) 17.144, Expedited Land Divisions. (Ord. 3144 § 2 (Att. A), 2011; Ord. 3032 § 1(4), 2007; Ord. 2923 § 2, 2004; Ord. 2875 § 1.080.120, 2003)
17.32.130 Light industrial – LI.
(1) Purpose. The light industrial or LI zone is intended to provide appropriate locations for general industrial use including light manufacturing and related activities with few, if any, nuisance characteristics such as noise, glare, and smoke. It is to permit manufacturing, processing, assembling, packaging or treatment of products from previously prepared materials and to discourage residential use and limit commercial use.
(2) Uses Permitted Outright. In the LI zone the following buildings and uses are permitted after compliance with the provisions of this section and others of this code:
(a) Agricultural supplies/sales, machinery sales and repairs but not slaughterhouses or tanneries.
(b) Auction sales, services and repairs.
(c) Boat repairs.
(d) Building maintenance services.
(e) Building material sales including outdoor storage.
(f) Commercial gasoline stations.
(g) Equipment (light and heavy) sales, storage, repair and rentals.
(h) Laboratories and research services.
(i) Manufacturing, repairing, compounding, research, assembly, fabricating, or processing activities of previously prepared materials and without off-site impacts.
(j) Mini storage and storage site.
(k) Motor vehicle sales, service, repair, and painting.
(l) Nurseries, greenhouse operations and sales.
(m) Parking lots, private or public.
(n) Public facility, minor.
(o) Transmitting and/or receiving towers with or without broadcast facilities.
(p) Utility distribution plants and service yards.
(q) Vehicle wash operations.
(r) Warehousing, enclosed.
(s) Wholesale trade.
(3) Conditional Uses. In the LI zone, in addition to the buildings and uses permitted outright, a conditional use permit can be granted for the following buildings and uses:
(a) Animal hospitals and dog kennels/pounds.
(b) Bar.
(c) Child care facilities.
(d) Concrete mixing (concrete batching plant).
(e) Drive-in theater.
(f) Dwelling for caretaker or superintendent which is located on the same site with the permitted industrial use and is occupied exclusively by a caretaker or superintendent of the industrial use and family (same applies to a kennel).
(g) Eating and drinking establishments.
(h) Entertainment, adult.
(i) Industrial park to combine light manufacturing, office and complementary related commercial uses to include such activities as postal services, veterinary services, communication services, construction sales, business support services, financial services, insurance services, real estate services, laundry services, medical/dental services, sports and health services, professional and administrative offices, convenience sales, personal services, eating and drinking establishments and such.
(j) Manufacturing, repairing, compounding, research, assembly, fabricating, processing or packing of resource materials with some off-site impacts.
(k) Public and private recreational and amusement facilities.
(l) Public facilities, major.
(m) Public parks.
(n) Public safety and support facilities.
(o) Temporary asphalt batching (six-month maximum).
(p) Travel trailer parks.
(q) Wrecking and junkyards.
(4) Standards. The standards for the LI zone shall be determined by the proximity to residential zones and the anticipated off-site impacts. Further standards shall be in accordance with the following:
(a) Overlay districts chapters:
(i) 17.148, Planned Development,
(ii) 17.36, Historic Sites and Overlay District, and
(iii) 17.44, Sensitive Lands.
(b) Supplemental provisions chapters:
(i) 17.52, Environmental Performance Standards,
(ii) 17.56, Density Computations,
(iii) 17.60, Manufactured/Mobile Home Regulations,
(iv) 17.64, Additional Yard Setback Requirements and Exceptions,
(v) 17.68, Building Height Limitations – Exceptions,
(vi) 17.72, Landscaping and Screening,
(vii) 17.76, Visual Clearance Areas,
(viii) 17.80, Off-Street Parking and Loading Requirements,
(ix) 17.84, Access, Egress, and Circulation, and
(x) 17.88, Signs.
(c) Site development review, Chapter 17.96 SHMC.
(d) Development and administration chapters:
(i) 17.100, Conditional Use,
(ii) 17.104, Nonconforming Situations,
(iii) 17.108, Variance,
(iv) 17.116, Temporary Uses,
(v) 17.120, Home Occupations,
(vi) 17.124, Accessory Structures, and
(vii) 17.132, Tree Removal.
(e) Land division chapters:
(i) 17.136, Land Division – Subdivision,
(ii) 17.140, Land Division – Land Partitioning – Lot Line Adjustment,
(iii) 17.152, Street and Utility Improvement Standards, and
(iv) 17.144, Expedited Land Divisions.
(f) The maximum height within 100 feet of any residential zone shall be 35 feet. (Ord. 2875 § 1.080.130, 2003)
17.32.140 Heavy industrial – HI.
(1) Purpose. The heavy industrial or HI zone is intended to provide appropriate locations for intensive manufacturing activities including fabrication, processing, or assembling of semifinished or finished products from raw materials, outdoor storage areas, and the storage of heavy equipment. It is also intended to provide locations for activities that need to be separated from more easily impacted activities such as schools, churches, etc.
(2) Uses Permitted Outright. In the HI zone the following buildings and uses are permitted after compliance with the provisions of this section and others of this code:
(a) Agricultural supplies/sales, machinery sales and repairs including slaughterhouses or tanneries (carried out in an enclosed building).
(b) All manufacturing, repairing, compounding, research, assembly, fabricating, or processing activities without off-site impacts.
(c) Auction sales, services and repairs.
(d) Building maintenance services.
(e) Building material sales including outdoor storage.
(f) Commercial gasoline stations.
(g) Equipment, heavy – sales and service.
(h) Motor vehicle sales, service, repair, and painting.
(i) Natural mineral resources development including necessary building, apparatus and appurtenances for rock, sand, gravel and mineral dredging, processing and stockpiling and all types of mineral recovery or mining, excluding smelters and ore reduction.
(j) Nursery/greenhouse operation and sales.
(k) Public facility, minor.
(l) Transmitting and/or receiving towers with or without broadcasting facilities.
(m) Trucking yards/terminals, including warehousing.
(n) Utility distribution plants and service yards.
(o) Wholesaling, warehousing and storing of automobiles, trucks, buses, consumer goods, contractors’ equipment, building materials, food products, liquid fuel, household goods, ice, lumber (except log storage or ponding), and such.
(3) Conditional Uses. In the HI zone, in addition to the buildings and uses permitted outright, a conditional use permit can be granted for the following buildings and uses:
(a) Caretaker dwelling.
(b) Entertainment, adult.
(c) Hazardous waste collection and/or treatment site.
(d) Manufacture, repair, etc., with some off-site impact.
(e) On-site retailing of product manufactured, processed, etc., on site.
(f) Permitted uses which require special permits from the Oregon Department of Environmental Quality.
(g) Public parks.
(h) Public facilities, major.
(i) Public safety and support facilities.
(j) Recycling collection center.
(k) Solid waste disposal site or transfer station.
(l) Special hazardous uses such as:
(i) Two thousand gallons or more of flammable (Class I or II) materials.
(ii) Fifty gallons or more of unstable liquids, fireworks, blasting agents or explosives.
(iii) Magazines, Class II (Class I magazines are not permitted).
(iv) Five hundred pounds or more or 200 gallons or more of hazardous chemicals, including corrosive liquids, flammable solids, highly toxic materials, oxidizing materials, poisonous gases and any amount of radioactive materials.
(v) Unstable (reactive) chemicals, including organic peroxides and nitromethane.
(vi) Fifty pounds or more of ammonium nitrate.
(vii) Two thousand or more gallons of liquefied petroleum gases.
(m) Storage facilities such as personal lockers/garages and for recreational-type vehicles.
(n) Temporary asphalt batching (six months maximum).
(o) Travel trailer parks.
(p) Wrecking and junkyards.
(4) Standards. The standards for the HI zone shall be determined by the proximity to residential zones and the anticipated off-site impacts.
(a) No off-site impacts are permitted which exceed the standards of this code on lands permitting dwellings.
(b) The city noise ordinance and adopted DEQ regulations for locations near noise-sensitive uses such as dwellings, churches, schools and hospitals shall be the noise standard for off-site impacts.
(c) Vibrations that are continuous, frequent or repetitive and discernible to a person of normal sensibilities on nonindustrial zoned lands are prohibited except as listed below (continuous, frequent or repetitive vibrations shall not exceed 0.002g peak on nonindustrial lands):
(i) Vibrations from temporary construction and vehicles which leave the site, such as trucks, trains, and helicopters, are excluded. Vibrations from primarily on-site vehicles and equipment are included.
(ii) Vibrations of no more than five minutes in any one day shall not be deemed continuous, frequent or repetitive for this regulation.
(d) Glare shall not directly or indirectly from reflection cause illumination in excess of 0.5 foot candles on nonindustrial zoned lands. Glare is illumination caused by incandescent, fluorescent or arc lighting or from high temperature processes such as welding or metallurgical refining.
(e) No off-site impacts from odor, dust, smoke, gas or chemical contaminants shall exceed the applicable local, state or federal standards.
(5) Additional Requirements.
(a) Overlay districts chapters:
(i) 17.148, Planned Development,
(ii) 17.36, Historic Sites and Overlay District, and
(iii) 17.44, Sensitive Lands.
(b) Supplemental provisions chapters:
(i) 17.52, Environmental Performance Standards,
(ii) 17.56, Density Computations,
(iii) 17.60, Manufactured/Mobile Home Regulations,
(iv) 17.64, Additional Yard Setback Requirements and Exceptions,
(v) 17.68, Building Height Limitations – Exceptions,
(vi) 17.72, Landscaping and Screening,
(vii) 17.76, Visual Clearance Areas,
(viii) 17.80, Off-Street Parking and Loading Requirements,
(ix) 17.84, Access, Egress, and Circulation, and
(x) 17.88, Signs.
(c) Site development review, Chapter 17.96 SHMC.
(d) Development and administration chapters:
(i) 17.100, Conditional Use,
(ii) 17.104, Nonconforming Situations,
(iii) 17.108, Variance,
(iv) 17.116, Temporary Uses,
(v) 17.120, Home Occupations,
(vi) 17.124, Accessory Structures, and
(vii) 17.132, Tree Removal.
(e) Land division chapters:
(i) 17.136, Land Division – Subdivision,
(ii) 17.140, Land Division – Land Partitioning – Lot Line Adjustment,
(iii) 17.152, Street and Utility Improvement Standards, and
(iv) 17.144, Expedited Land Divisions.
(f) The maximum height within 100 feet of any residential zone shall be 35 feet. (Ord. 2875 § 1.080.140, 2003)
17.32.150 Public lands – PL.
(1) Purpose. The purpose of the public lands zone is to delineate lands that are owned by public or semipublic entities and that are used, or have the potential to be used, for public or semipublic purposes such as schools, parks, and playgrounds.
(2) Uses Permitted Outright. In the PL zone the following uses are allowed outright after compliance with the site development review chapter (Chapter 17.96 SHMC) and other relevant sections of this code:
(a) Cultural exhibits.
(b) Library services.
(c) Public facility, minor.
(d) Public or private park.
(e) Public or private playground.
(f) Public or private school and/or college.
(3) Conditional Uses. In the PL zone the following uses are permitted if approved under the conditional use chapter (Chapter 17.100 SHMC) and other applicable provisions of this code:
(a) Public facilities, major.
(b) Public support and safety facilities.
(c) Travel trailer park in public parks of over four acres in size to include a buffer of 20 feet where abutting a residential zone.
(d) Hospitals.
(4) Standards.
(a) The standards for the PL zone shall be determined by proximity to residential zones and the anticipated off-site impacts.
(b) The maximum building height shall be determined on a case-by-case basis (see SHMC 17.68.040).
(c) See subsection (5) of this section, Additional Requirements.
(5) Additional Requirements.
(a) Overlay districts chapters:
(i) 17.148, Planned Development,
(ii) 17.36, Historic Sites and Overlay District, and
(iii) 17.44, Sensitive Lands.
(b) Supplemental provisions chapters:
(i) 17.52, Environmental Performance Standards,
(ii) 17.56, Density Computations,
(iii) 17.60, Manufactured/Mobile Home Regulations,
(iv) 17.64, Additional Yard Setback Requirements and Exceptions,
(v) 17.68, Building Height Limitations – Exceptions,
(vi) 17.72, Landscaping and Screening,
(vii) 17.76, Visual Clearance Areas,
(viii) 17.80, Off-Street Parking and Loading Requirements,
(ix) 17.84, Access, Egress, and Circulation, and
(x) 17.88, Signs.
(c) Site development review, Chapter 17.96 SHMC.
(d) Development and administration chapters:
(i) 17.100, Conditional Use,
(ii) 17.104, Nonconforming Situations,
(iii) 17.108, Variance,
(iv) 17.116, Temporary Uses,
(v) 17.120, Home Occupations,
(vi) 17.124, Accessory Structures, and
(vii) 17.132, Tree Removal.
(e) Land division chapters:
(i) 17.136, Land Division – Subdivision,
(ii) 17.140, Land Division – Land Partitioning – Lot Line Adjustment,
(iii) 17.152, Street and Utility Improvement Standards, and
(iv) 17.144, Expedited Land Divisions. (Ord. 3144 § 2 (Att. A), 2011; Ord. 2936 § 2, 2005; Ord. 2875 § 1.080.150, 2003)
17.32.160 Willamette Greenway – WG.
(1) Purpose. The purpose of the WG zone is to protect, conserve, enhance and maintain the natural, scenic, historical, agricultural, economic, and recreational quality of lands along the Willamette River. The WG zone is a superimposed zone to be used in combination with the existing underlying zone. Within the jurisdiction of St. Helens, those lands in the Willamette zone are within an urban area zoned heavy industrial because of existing and historical uses.
(2) Procedure. All activities within the WG zone are subject to review by the director. The director shall notify the Department of Transportation of any development, intensification, or proposed change of use, and of any action taken on those proposals. If the director determines that the proposed activities conflict with the purpose and uses allowed in this section, the permit shall be denied, or approved with conditions. The applicant may appeal the director’s decision to the planning commission which shall review the proposal in accordance with established conditional use procedures; in its deliberations, the planning commission shall consider the purpose of this section, as well as the criteria for granting conditional uses.
(3) Uses Allowed. Within the WG zone, development shall be directed away from the Willamette River to the greatest practicable degree; provided, however, lands committed to urban uses shall be permitted to continue and intensification or development associated with existing or historical urban uses shall be allowed subject to the approval of the director.
Urban uses shall include industrial and commercial activities. Industrial and commercial uses shall include facilities relating to the production, storage and transportation of timber and paper products.
In evaluating a proposal, the director shall take into consideration the proposed activity’s impact on fish and wildlife, public access, safety, and the vegetative fringe. The director may impose a setback in the WG zone if he/she believes these aspects have not been reasonably taken into account. Non-water-dependent and non-water-related uses shall be set back 150 feet from the river bank.
In areas in which there are industrial and commercial activities, public access shall be discouraged when there is a potential for physical harm to members of the public.
(4) Standards. Within the WG zone, the implementation of the allowed activity shall provide maximum practicable landscaping, aesthetic enhancement, open space or vegetation between the activity and the Willamette River.
(5) Definitions.
(a) “Change of use” means a different use of the land or water than that which existed on December 6, 1975. It includes a change which requires construction, alterations of the land, water or other areas outside of the existing buildings or structures and which substantially alters or affects the land or water. It does not include a change of use of a building or other structure which does not substantially alter or affect the land or water upon which it is situated. Change of use shall not include the completion of a structure for which a valid permit had been issued as of December 6, 1975, and under which permit substantial construction has been undertaken by July 1, 1976. The sale of property is not in itself considered to be a change of use. An existing open storage area shall be considered to be the same building.
Landscaping, construction of driveways, modifications of existing structures, or the construction or placement of such subsidiary structures or facilities as are usual and necessary to the use and enjoyment of existing improvements shall not be considered a change of use.
(b) “Intensification” means any additions which increase or expand the area or amount of an existing use, or the level of activity. Remodeling of the exterior of a structure not excluded below is an intensification when it will substantially alter the appearance of the structure. Intensification shall not include the completion of a structure for which a valid permit was issued as of December 6, 1975, and under which permit substantial construction has been undertaken by July 1, 1976. Maintenance and repair usual and necessary for the continuance of an existing use is not an intensification of use. Reasonable emergency procedures necessary for the safety or the protection of property are not an intensification of use. Residential use of lands within the Greenway includes the practices and activities customarily related to the use and enjoyment of one’s home. Landscaping, construction of driveways, modification of existing structures or construction or placement of such subsidiary structures or facilities adjacent to the residence as are usual and necessary to such use and enjoyment shall not be considered an intensification. Seasonal increases in gravel operations shall not be considered an intensification of use.
(c) “Water-dependent” means a use or activity which can be carried out only on, in, or adjacent to water areas because the use requires access to the water body for waterborne transportation, recreation, energy production, or source of water.
(d) “Water-related” means uses which are not directly dependent upon access to a water body, but which provide goods or services that are directly associated with water-dependent land or waterway use, and which, if not located adjacent to water, would result in a public loss of quality in the goods or services offered. Except as necessary for water-dependent or water-related uses or facilities, residences, parking lots, spoil and dump sites, roads and highways, restaurants, businesses, factories, and trailer parks are not generally considered dependent on or related to water location needs. (Ord. 2875 § 1.080.160, 2003)
17.32.170 Olde Towne St. Helens – OTSH.
(1) Purposes. The OTSH zone is intended to provide an innovative and flexible zoning category that may be used to implement the St. Helens comprehensive plan economic goals and policies and the strategic plan goals and policies for economic development. The strategy is to provide opportunities for traditional neighborhood design and mixed residential and commercial uses in redeveloping Olde Towne areas. The OTSH zone is designed to preserve and revitalize older developed areas, by eliminating nonconformities, providing for more mixed use development in individual buildings, and other more flexible development regulations which acknowledge the developed nature of the properties involved. The OTSH zone also allows for the establishment of special design and aesthetic standards for development, consistent with a community plan for redevelopment, preservation, and conservation. The location for the establishment of this Olde Towne St. Helens zone shall be targeted for existing developed areas, such as the existing commercial downtown, which could benefit from revitalization in the form of specific long-range planning, mixed uses and innovative development options and community improvement programs. The land use designations absorbed by the OTSH zone include general commercial (GC), mixed use (MU), apartment residential (AR), and public lands (PL).
(2) Uses Permitted Outright. In the OTSH zone, the following uses are permitted outright, subject to the modifications to development standards and conditions as specified herein and all other applicable provisions of this code as noted under additional requirements.
(a) Historic residential structures with or without any auxiliary dwelling unit per Chapter 17.128 SHMC.
(b) Residential Above Nonresidential Permitted Uses.
(i) Dwelling, single-family.
(ii) Dwelling, duplex.
(iii) Dwelling, townhouse.
(iv) Dwelling, multifamily.
(v) Other residential uses as per ORS Chapter 443.
(c) Public and institutional uses.
(d) Amphitheater public uses.
(e) Historical and cultural exhibits.
(f) Education and research facilities.
(g) Library services.
(h) Government administrative facilities/offices.
(i) Lodge, fraternal and civic assembly.
(j) Parking lots, public.
(k) Public facilities, minor.
(l) Public facilities, major.
(m) Public or private park.
(n) Public or private recreation facilities.
(o) Public or private schools/colleges.
(p) Public safety and support facilities.
(q) Artisan workshops.
(r) Art studios, galleries.
(s) Amusement services.
(t) Bars.
(u) Bed and breakfast facilities.
(v) Business and personal services, such as barber shops, beauty shops, tailors, laundries, printing, and locksmiths.
(w) Eating and drinking establishments – all (e.g., restaurant, diner, coffee shop).
(x) Offices – all (e.g., medical, business or professional).
(y) Financial institutions.
(z) Hardware stores, without outdoor storage.
(aa) Health and fitness clubs.
(bb) Hotels or motels.
(cc) Kiosks.
(dd) Pawn shops.
(ee) Pet shop and supplies.
(ff) Repair and maintenance facilities/shops for permitted retail products.
(gg) Rental centers.
(hh) Residential storage facilities (in conjunction with three or more dwelling units).
(ii) Retail sales establishments – all.
(jj) Small equipment sales, rental and repairs facilities/shops, without outside storage.
(kk) Theaters, indoors.
(ll) Trade and skilled services without outdoor storage, such as plumbing, HVAC, electrical, and paint sales/services facilities/shops.
(mm) Type I and II home occupation in dwelling unit above nonresidential permitted uses.
(nn) Used product retail (e.g., antique dealers, secondhand dealers, flea markets).
(oo) Veterinary medical services, without outdoor facilities for animal housing.
(pp) Transient housing.
(qq) Watercraft sales, rental, charters, without outdoor storage.
(3) Conditional Uses. In the OTSH zone, the following conditional uses may be permitted upon application, subject to provision of Chapter 17.100 SHMC and other relevant sections of this code.
(a) Auction sales, services and repairs.
(b) Broadcast facilities without dishes over 36 inches or transmitter/receiver towers.
(c) Bus and train stations/terminals.
(d) Business with outdoor storage (those businesses permitted in permitted uses).
(e) Child care facility/day nursery.
(f) Drive-up businesses and services (including those associated with food sales, pharmacies and such).
(g) Funeral homes.
(h) Hospitals, clinics, nursing homes, and convalescent homes.
(i) Laundromats and dry cleaners.
(j) Religious assembly excluding cemeteries.
(k) Parking lots/facilities, private.
(4) Standards Applicable to All Uses. In the OTSH zone, the following standards and special conditions shall apply and shall take precedence over any conflicting standards listed in this code.
(a) The maximum building height shall be 45 feet. Building height limitations of SHMC 17.68.040, Building height criteria for scenic resources, do not apply to properties zoned OTSH.
(b) The maximum lot coverage including all impervious surfaces shall be 90 percent; provided, however, for new construction or existing legally constructed buildings seeking new or revised development approvals, lot coverage may be increased up to 100 percent by payment of a lot coverage fee established by resolution of the city council. The lot coverage fee shall be deposited into the Olde Towne St. Helens community capital improvement account to offset loss of landscaping in the OTSH zone.
(c) There is no minimum of lot size requirement.
(d) No minimum setback requirements applicable to all uses except for as required in Chapter 17.64 SHMC.
(e) The maximum front yard setback shall be zero feet. The maximum setback may be increased with the condition that 100 percent of the increased setback is used for pedestrian amenities with the building use, such as patio dining for restaurant, sidewalk cafe, plaza, or courtyard.
(f) Interior or Side Yard Setbacks. New buildings containing any nonresidential use abutting residential districts require one foot of setback for each foot of building wall height on the side abutting the residential zone, with a minimum setback of 10 feet. For yards abutting other nonresidential districts, no setback is required, subject to building code requirements.
Note: Where the OTSH zone abuts a residential zone and the uses are more than 30 feet above the proposed commercial use, then the height of the topography counts as part of the setback, e.g., 35-foot bluff behind a commercial building is same as 35-foot setback on that side.
(g) Rear Yard Setbacks. New buildings containing nonresidential uses abutting residential districts require one foot of setback for each foot of building wall height with a minimum setback of 10 feet (see above note). For yards abutting other nonresidential districts, no rear setback is required, subject to building code requirements.
(h) The minimum lot width at the street and building line shall be 20 feet.
(i) The minimum lot depth shall be 50 feet.
(j) Minimum open space shall be 10 percent, except when the lot coverage fee is paid as per subsection (4)(b) of this section.
(k) No maximum building size.
(l) No additional or new on-site parking is required for sites with existing development footprint coverage in excess of 50 percent of the site area (change of use or remodeling without a change to the existing footprint of existing development are also exempt).
(m) Except for subsection (4)(l) of this section, new development shall meet required on-site parking requirements with credit, on one-for-one basis of parking spaces in rights-of-way abutting the site. On-street parking (in rights-of-way) shall be based upon parallel parking, or existing; fractions do not count. Moreover, parking standards shall be for normal sized vehicles, for the purpose of the parking credit.
(n) New development can buy out of on-site parking requirements by paying into the OTSH community capital improvement account (a fund shall be designated for future OTSH located parking facilities) in an amount set by city council in a resolution.
(5) Special Conditions Permitted and Conditional Uses.
(a) All new construction and any changes to the exterior of structures within this district shall maintain the character of the existing buildings so that the heritage character remains (e.g., new-age architecture would not fit the heritage character while the lap-siding look or brick look with cornices and old style windows and doors should fit the character of the area).
(b) Residential Uses.
(i) Except for historic residential structures (listed in city’s comprehensive plan and/or registered and recognized by the state or federal government), residential use is prohibited on the first floor of any building in the OTSH zone.
(ii) There is no minimum lot size requirement for residential use above permitted nonresidential uses.
(iii) Residential density above permitted uses shall be based on the standard of one dwelling unit for each full 500 interior square feet of non-residential use provided. Outdoor dining areas and similar permitted outdoor uses may only be included in the calculation when such areas are not located within a right-of-way.
(c) Outdoor storage of goods and materials must be screened.
(d) Outdoor display of goods and materials for retail establishments is permitted on private property in front of the retail establishment, provided such displays do not block safe ingress and egress from all entrances, including fire doors. In addition, outdoor display goods and materials shall be properly and safely stored inside during non-business hours. No outdoor display may block safe pedestrian or vehicular traffic. Outdoor displays shall not encroach in public rights-of-way, including streets, alleys or sidewalks, without express written permission of the city council.
(e) Kiosks may be allowed on public property, subject to the approval of a concession agreement with the city.
(6) Additional Requirements.
(a) Residential Density Transition. The residential density calculation and transition provisions of Chapter 17.56 SHMC shall not apply to the OTSH zone for residential uses above permitted uses. Densities are determined for residential uses by the formula in subsection (5)(b)(iii) of this section.
(b) Overlay district Chapter 17.148 SHMC, Planned Development, shall not apply to the OTSH zone.
(c) The visual clearance area requirements of Chapter 17.76 SHMC do not apply to the OTSH zone.
(d) Chapter 17.40 SHMC, wetland and riparian corridor. The wetland and riparian corridor protective measures of Chapter 17.40 SHMC apply and are in full force and effect in the OTSH zone except as modified herein:
(i) The provisions of this section control over the provisions of Chapter 17.40 SHMC.
(ii) Pursuant to SHMC 17.40.020(2), the director may waive the EA or statement requirements of the ordinance if the request is for a sensitive lands permit to place pedestrian paths, lighting fixtures or other amenities (such as public art), or other passive recreational improvements on public land or on lands to be conveyed to a public entity.
(iii) The exemption in SHMC 17.40.035(1)(l) is clarified to specifically contemplate shoreline stabilization and hardening measures to protect state, city, county, or other publicly owned lands, or interests or lands or interests to be acquired by public entities. Such project may also include associated boardwalks or pedestrian paths or walks within the protection zone, provided said paths, boardwalks or walks utilize materials or are so constructed so as to reduce unnecessary impervious area.
(e) Chapter 17.44 SHMC, Sensitive Lands, applies to the OTSH zone, except as modified herein:
(i) The provisions of this section control over the provisions of Chapter 17.44 SHMC.
(ii) Pursuant to SHMC 17.40.020(2), the director may also waive the EA or statement requirements of the ordinance if the request is for a sensitive lands permit to place pedestrian paths, lighting fixtures or other amenities (such as public art), or other passive recreational improvements on public lands or on lands to be conveyed to a public entity.
(f) Supplemental Provisions Chapters. These standards shall apply except as modified herein:
(i) Chapter 17.52 SHMC, Environmental Performance Standards;
(ii) Chapter 17.56 SHMC, Density Computations;
(iii) Chapter 17.60 SHMC, Manufactured/Mobile Home Regulations;
(iv) Chapter 17.64 SHMC, Additional Yard Setback Requirements and Exceptions;
(v) Chapter 17.68 SHMC, Building Height Limitations – Exceptions;
(vi) Chapter 17.72 SHMC, Landscaping and Screening;
(vii) Chapter 17.76 SHMC, Visual Clearance Areas;
(viii) Chapter 17.80 SHMC, Off-Street Parking and Loading Requirements;
(ix) Chapter 17.84 SHMC, Access, Egress, and Circulation;
(x) Chapter 17.88 SHMC, Signs;
(xi) Chapter 17.96 SHMC, Site Development Review;
(xii) Chapter 17.100 SHMC, Conditional Use;
(xiii) Chapter 17.104 SHMC, Nonconforming Situations;
(xiv) Chapter 17.108 SHMC, Variance;
(xv) Chapter 17.116 SHMC, Temporary Uses;
(xvi) Chapter 17.120 SHMC, Home Occupations;
(xvii) Chapter 17.124 SHMC, Accessory Structures;
(xviii) Chapter 17.132 SHMC, Tree Removal;
(xix) Chapter 17.136 SHMC, Land Division – Subdivision;
(xx) Chapter 17.140 SHMC, Land Division – Land Partitioning – Lot Line Adjustment;
(xxi) Chapter 17.144 SHMC, Expedited Land Divisions;
(xxii) Chapter 17.148 SHMC, Planned Development;
(xxiii) Chapter 17.152 SHMC, Street and Utility Improvement Standards.
(xxiv) Chapter 17.36 SHMC, Historic Sites and Overlay District.
(7) Architectural Character Review.
(a) The historic landmarks commission as established by Chapter 17.36 SHMC shall advise the approving authority on the character of permanent exterior architectural changes to all buildings within the OTSH zone that are not designated landmarks or historic resources of statewide significance as defined and otherwise governed by Chapter 17.36 SHMC.
(b) The historic landmarks commission shall make a recommendation to the approving authority as to whether the commission believes any proposed permanent exterior architectural changes to buildings, including new construction, per subsection (7)(a) of this section fit in with their overall perception as to the character of the other buildings and structures in the OTSH zone. Such recommendation shall be prior to any such applicable decision being made, including but not limited to limited land use decisions of the planning commission or director, and other authorizations of the director such as building permit approval. (Ord. 3144 § 2 (Att. A), 2011; Ord. 3043 § 2, 2007; Ord. 2875 § 1.080.170, 2003)
17.32.175 Houlton business district – HBD.
(1) Purposes. The HBD zone is intended to provide an innovative and flexible zoning category that may be used to implement the St. Helens comprehensive plan economic goals and policies and the strategic plan goals and policies for economic development. The strategy is to provide opportunities for traditional neighborhood design and mixed residential and commercial uses in the redeveloping Houlton area. The HBD zone is designed to preserve and revitalize older developed areas by eliminating certain nonconformities, providing for more mixed use development in individual buildings, and other more flexible development regulations which acknowledge the developed nature of the properties involved. The location for the establishment of the HBD zone shall be targeted for existing developed areas, such as the existing commercial uptown, which could benefit from revitalization in the form of specific long-range planning, mixed uses and innovative development options and community improvement programs. The land use designations absorbed by the HBD zone include general commercial (GC) and mixed use (MU).
(2) Uses Permitted Outright. In the HBD zone, the following uses are permitted outright, subject to the modifications to development standards and conditions as specified herein and all other applicable provisions of this code as noted under additional requirements:
(a) Historic residential structures (as listed in the comprehensive plan) with or without any auxiliary dwelling unit per Chapter 17.128 SHMC, and nonresidential historic structures (as listed in the comprehensive plan).
(b) Residential above Nonresidential Permitted Uses.
(i) Dwelling, single-family.
(ii) Dwelling, duplex.
(iii) Dwelling, townhouse.
(iv) Dwelling, multifamily.
(v) Other residential uses as per ORS Chapter 443.
(c) Public and institutional uses.
(d) Amphitheater public uses.
(e) Historical and cultural exhibits.
(f) Education and research facilities.
(g) Library services.
(h) Government administrative facilities/ offices.
(i) Lodge, fraternal and civic assembly.
(j) Parking lots, public.
(k) Public facilities, minor.
(l) Public facilities, major.
(m) Public or private park.
(n) Public or private recreation facilities.
(o) Public or private schools/colleges.
(p) Public safety and support facilities.
(q) Artisan workshops.
(r) Art studios, galleries.
(s) Amusement services.
(t) Bars.
(u) Bed and breakfast facilities.
(v) Business and personal services, such as barber shops, beauty shops, tailors, laundries, printing, and locksmiths.
(w) Eating and drinking establishments – all (e.g., restaurant, diner, coffee shop).
(x) Offices – all (e.g., medical, business or professional).
(y) Financial institutions.
(z) Hardware stores, without outdoor storage.
(aa) Health and fitness clubs.
(bb) Hotels or motels.
(cc) Kiosks.
(dd) Pawn shops.
(ee) Pet shop and supplies.
(ff) Repair and maintenance facilities/shops for permitted retail products.
(gg) Rental centers.
(hh) Residential storage facilities (in conjunction with three or more dwelling units).
(ii) Retail sales establishments – all.
(jj) Small equipment sales, rental and repairs facilities/shops, without outside storage.
(kk) Theaters, indoors.
(ll) Trade and skilled services without outdoor storage, such as plumbing, HVAC, electrical, and paint sales/services facilities/shops.
(mm) Type I and II home occupation (per Chapter 17.120 SHMC).
(nn) Used product retail (e.g., antique dealers, secondhand dealers, flea markets).
(oo) Veterinary medical services, without outdoor facilities for animal housing.
(pp) Transient housing.
(qq) Watercraft sales, rental, charters, without outdoor storage.
(rr) Car washes.
(ss) Produce stands.
(tt) Shopping centers and plazas.
(3) Conditional Uses. In the HBD zone, the following conditional uses may be permitted upon application, subject to provisions of Chapter 17.100 SHMC and other relevant sections of this code.
(a) Auction sales, services and repairs.
(b) Broadcast facilities without dishes over 36 inches or transmitter/receiver towers.
(c) Bus and train stations/terminals.
(d) Business with outdoor storage (those businesses permitted in permitted uses).
(e) Child care facility/day nursery.
(f) Drive-up businesses and services (including those associated with food sales, pharmacies and such).
(g) Funeral homes.
(h) Hospitals, clinics, nursing homes, and convalescent homes.
(i) Laundromats and dry cleaners.
(j) Religious assembly, excluding cemeteries.
(k) Parking lots/facilities, private.
(l) Nurseries and greenhouses.
(m) Vehicle repair, service, and sales.
(4) Standards Applicable to All Uses. In the HBD zone, the following standards and special conditions shall apply and shall take precedence over any conflicting standards listed in this code:
(a) The maximum building height shall be 45 feet.
(b) The maximum lot coverage including all impervious surfaces shall be 90 percent; provided, however, for new construction or existing legally constructed buildings seeking new or revised development approvals, lot coverage may be increased up to 100 percent by payment of a lot coverage fee established by resolution of the city council. The lot coverage fee shall be deposited into the Houlton business district community capital improvement account to offset loss of landscaping and open space in the HBD zone.
(c) There is no minimum lot size requirement.
(d) No minimum setback requirements applicable to all uses except for as required in Chapter 17.64 SHMC.
(e) The maximum front yard setback shall be zero feet. The maximum setback may be increased with the condition that 100 percent of the increased setback is used for pedestrian amenities with the building use, such as patio dining for restaurant, sidewalk cafe, plaza, or courtyard.
(f) Interior or Side Yard Setbacks. New buildings containing any nonresidential use abutting residential districts require one foot of setback for each foot of building wall height on the side abutting the residential zone, with a minimum setback of 10 feet. For yards abutting other nonresidential districts, no setback is required, subject to building code requirements.
Note: Where the HBD zone abuts a residential zone and the uses are more than 30 feet above the proposed commercial use, then the height of the topography counts as part of the setback; e.g., a 35-foot bluff behind a commercial building is the same as a 35-foot setback on that side.
(g) Rear Yard Setbacks. New buildings containing nonresidential uses abutting residential districts require one foot of setback for each foot of building wall height with a minimum setback of 10 feet (see note in subsection (4)(f) of this section). For yards abutting other nonresidential districts, no rear setback is required, subject to building code requirements.
(h) The minimum lot width at the street and building line shall be 20 feet.
(i) The minimum lot depth shall be 50 feet.
(j) Minimum open space shall be 10 percent, except when the lot coverage fee is paid as per subsection (4)(b) of this section.
(k) No maximum building size.
(l) No additional or new on-site parking is required for sites with existing development footprint coverage in excess of 50 percent of the site area (change of use or remodeling without a change to the existing footprint of existing development is also exempt).
(m) Except for subsection (4)(l) of this section, new development shall meet required on-site parking requirements with credit, on a one-for-one basis of parking spaces in rights-of-way abutting the site. On-street parking (in rights-of-way) shall be based upon parallel parking or existing and fractions do not count. Moreover, parking standards shall be for normal sized vehicles, for the purpose of the parking credit.
(n) New development can buy out of on-site parking requirements by paying into the HBD community capital improvement account (a fund shall be designated for future HBD located parking facilities), an amount set by the city council in a resolution.
(o) Notwithstanding the standards of subsections (4)(a) through (n) of this section, residential uses per subsections (5)(a)(i) and (ii) of this section are subject to the following:
(i) Single-dwelling units, attached or detached, and duplexes shall comply with the R-5 standards; and
(ii) Multidwelling units shall comply with AR standards.
(5) Special Conditions Permitted and Conditional Uses.
(a) Any residential use is prohibited at or below the first floor of any building in the HBD zone, except for the following:
(i) Historic residential structures (listed in the city’s comprehensive plan and/or registered and recognized by the state or federal government); or
(ii) Any residential use at or below the first floor of a building legally established at the time of adoption of this zoning district may continue as a conforming use, provided the type of residential use does not change (e.g., additional dwelling units shall not be allowed). Conformance is lost if the first floor (or below) residential use is “discontinued or abandoned” (as defined by Chapter 17.104 SHMC) for any reason for a period of six months, or immediately following a lawful change of use. Once conformance is lost, any residential use at or below the first floor of any building on that property shall be prohibited.
(b) Residential density above permitted uses shall be based on the standard of one dwelling unit for each full 500 interior square feet of nonresidential use provided. Outdoor dining areas and similar permitted outdoor uses may only be included in the calculation when such areas are not located within a right-of-way.
(c) Outdoor storage of goods and materials must be screened.
(d) Outdoor display of goods and materials for retail establishments is permitted on private property in front of the retail establishment, provided such displays do not block safe ingress and egress from all entrances, including fire doors. In addition, outdoor display goods and materials shall be properly and safely stored inside during nonbusiness hours. No outdoor display may block safe pedestrian or vehicular traffic. Outdoor displays shall not encroach in public rights-of-way, including streets, alleys or sidewalks, without express written permission of the city council.
(e) Kiosks may be allowed on public property, subject to the approval of a concession agreement with the city.
(6) Additional Requirements.
(a) Residential Density Transition. The residential density calculation and transition provisions of Chapter 17.56 SHMC shall not apply to the HBD zone for residential uses above permitted uses. Densities are determined for residential uses by the formula in subsection (5)(b) of this section.
(b) The visual clearance area requirements of Chapter 17.76 SHMC do not apply to the Houlton business district.
(c) Overlay district Chapter 17.148 SHMC, Planned Development, shall not apply to the HBD zone.
(d) Supplemental Provisions Chapters. These standards shall apply except as modified herein:
(i) Chapter 17.36 SHMC, Historic Sites and Overlay District;
(ii) Chapter 17.44 SHMC, Sensitive Lands;
(iii) Chapter 17.52 SHMC, Environmental Performance Standards;
(iv) Chapter 17.60 SHMC, Manufactured/Mobile Home Regulations;
(v) Chapter 17.64 SHMC, Additional Yard Setback Requirements and Exceptions;
(vi) Chapter 17.68 SHMC, Building Height Limitations – Exceptions;
(vii) Chapter 17.72 SHMC, Landscaping and Screening;
(viii) Chapter 17.80 SHMC, Off-Street Parking and Loading Requirements;
(ix) Chapter 17.84 SHMC, Access, Egress, and Circulation;
(x) Chapter 17.88 SHMC, Signs;
(xi) Chapter 17.96 SHMC, Site Development Review;
(xii) Chapter 17.100 SHMC, Conditional Use;
(xiii) Chapter 17.104 SHMC, Nonconforming Situations;
(xiv) Chapter 17.108 SHMC, Variance;
(xv) Chapter 17.116 SHMC, Temporary Uses;
(xvi) Chapter 17.120 SHMC, Home Occupations;
(xvii) Chapter 17.124 SHMC, Accessory Structures;
(xviii) Chapter 17.132 SHMC, Tree Removal;
(xix) Chapter 17.136 SHMC, Land Division – Subdivision;
(xx) Chapter 17.140 SHMC, Land Division – Land Partitioning – Lot Line Adjustment;
(xxi) Chapter 17.144 SHMC, Expedited Land Divisions;
(xxii) Chapter 17.148 SHMC, Planned Development;
(xxiii) Chapter 17.152 SHMC, Street and Utility Improvement Standards. (Ord. 3110 § 5 (Att. B), 2009)
17.32.180 Waterfront redevelopment overlay district – WROD.
(1) Purpose. The waterfront redevelopment overlay district (WROD) is established to provide an alternative zoning and development option that may be used to implement the St. Helens comprehensive plan economic goals and policies, and the strategic plan goals and policies for economic development. The WROD allows for a traditional downtown neighborhood design including a horizontal and vertical mix of residential, commercial and limited industrial manufacturing uses, thereby providing for a variety of employment-generating uses in close proximity to a mix of residential housing types. The WROD is available for use in existing underutilized industrial areas that are suitable for redevelopment. Appropriate locations for the establishment of the WROD include waterfront properties with an industrial designation. The WROD introduces a mix of commercial and residential uses into areas with industrial designations while maintaining supplies of industrial-designated lands.
(2) Implementation. The provisions of the WROD can be implemented with an approved development agreement. A development agreement is a voluntarily negotiated agreement between the city and the property owner(s) consistent with ORS chapter 94 and any local implementing ordinance. The underlying zoning district and land use regulations of that zone remain in full force and effect unless and until the WROD is implemented with the approval of a development agreement. Upon such approval, the development agreement and WROD supersede the underlying zoning district and land use regulations normally applicable to development on the subject property.
Conversely, should the development agreement be terminated, revoked or otherwise become void prior to completion, the WROD is no longer in effect and the underlying zone and the land use regulations of that zone return. The following apply to development agreements pursuant to this section in addition to the requirements of ORS chapter 94, and other provisions of the city of St. Helens development code (SHMC Title 17), but is not intended to be an all encompassing list, limiting the city’s ability to set forth terms and conditions in the development agreement necessary to ensure the health, safety and welfare of its citizenry for said development:
(a) Development Plan. Development agreement shall include a development plan or plans that has/have been approved through a site development review and/or conditional use permit and that has/have been revised as necessary to comply with city standards and applicable conditions of approval. Applicant bears responsibility for the development plan(s).
(b) Legal Description. Development agreement shall include a legal description of the entire property subject to the agreement, which shall be prepared by a licensed surveyor. The legal description shall include the total area, all separately described parcels, easements, and other pertinent instruments or exceptions of record. Applicant bears responsibility for the legal description.
(c) Executed Title Certification. Development agreement shall include the names of the legal and equitable owner(s) of the property subject to the agreement and be signed by said legal and equitable owner(s). As such, an executed certification from an attorney or title company that the record title to the subject property is in the name of the person, persons, corporation or other entity entering into the agreement shall be submitted to the city. Applicant bears the responsibility for the executed title certification.
(d) Covenant of Unified Control. Development agreement shall include a covenant of unified control requiring all property subject to the agreement to be held under single (unified) ownership, which property shall not be transferred, conveyed, sold, or otherwise divided in any other unit other than its entirety. An executed covenant shall be recorded in the public records with the executed development agreement. Applicant bears the responsibility of the covenant of unified control. The covenant may provide for specified conveyances, including but not limited to the following (but transfer of ownership of a portion of a property eligible for the WROD shall not occur without a completed land partition or subdivision):
(i) Conveyance of fully constructed lots or parcels, if any, to individual purchasers after approval of a final plat for the applicable lots or parcels when all applicable requirements contained in the agreement, including the timetable and special conditions, have been met.
(ii) If the development is designed and planned to be constructed in phases, conveyance of a phase, if the phase has complied with the applicable requirements contained in the agreement, including the timetable and special conditions. A phase may be conveyed separately, only after final plat approval for that phase.
(iii) Conveyance of other portions of the property, subject to the agreement, that will be used or maintained by governmental, environmental, charitable or other organizations or agencies for such purposes as the city council may deem appropriate after compliance with all applicable requirements of the agreement.
(e) Timetable of Development. Duration of the development agreement shall be consistent with the timetable of development, which is an exhibit of the agreement. The timetable of development shall include dates for individual or phased final plat approval(s) (if applicable), construction commencement, as well as phase and project completion. Applicant is responsible for submitting proposed timetable of development. The following provisions apply to the timetable of development:
(i) If not phased, development shall be completed within two years of approval of the agreement, including final plat approval (if applicable).
(ii) If phased, the actual construction time for any phase including final plat approval (if applicable) shall not exceed two years. No phase shall be completed out of order; each phase shall be completed consecutively.
(iii) Regardless of the number of proposed phases, no timetable for development shall exceed six years.
(iv) In the event an extension of the commencement date or completion date is sought, the amendment can be approved only if there is demonstrated compliance with all current laws and regulations.
(v) The deadlines as set forth in a development agreement are independent of and do not supersede those of the applicable land use applications (e.g., site development review, conditional use, land partition, and subdivision).
(vi) In the event the project has not complied with the construction commencement date, the development agreement shall cease to be effective and the development shall cease to be authorized.
(vii) Notwithstanding subsections (2)(e)(i) and (ii) of this section, one additional year may be added to each phase without modification to the development agreement provided the delay is a direct result of a government agency’s, other than the city of St. Helens, review process, and clearly not a fault of the applicant.
(3) Compliance with Other Standards. All applicable regulations of the St. Helens Community Development Code (SHMC Title 17) and adopted engineering standards (SHMC Title 18) remain in full force and effect except as specifically modified in the applicable development agreement and WROD. In the case of a conflict with the requirements of this section, such conflicting requirements are superseded by those of this section and the approved development agreement to the extent of such conflict.
(4) Properties Eligible for the WROD. For a property to be eligible for the WROD, a legislative action pursuant to Chapter 17.20 SHMC, Procedures for Decision-Making – Legislative, is required. The following properties are officially eligible for the WROD:
(a) Property identified as Tax Lot 100, Section 3, T4N – R1W, Willamette Meridian, Columbia County, Oregon (as of December 2008), said property being more particularly described and shown on the exhibit(s) of Ordinance No. 3107.
(5) Uses Permitted Outright. The following uses are permitted outright, subject to all provisions of the SHMC including specifically the modifications to development standards and conditions specified in this section and the applicable approved development agreement. Moreover, the applicable provisions of Chapter 17.96 SHMC, Site Development Review, apply, except those modified by this chapter. Note: letters in parentheses [e.g., (a)] following the type of use refer to special conditions pursuant to subsection (9) of this section.
(a) Residential (a).
(i) Single dwelling units, attached (five units maximum together).
(ii) Multidwelling units.
(b) Residential above Nonresidential Permitted Uses (a).
(i) Dwelling, single family.
(ii) Congregate care facility.
(iii) Single dwelling units, attached (five units maximum together).
(iv) Multidwelling units.
(v) Residential care facility.
(vi) Timeshare.
(c) Public and Institutional Uses (b) (c).
(i) Amphitheater public uses.
(ii) Historical and cultural exhibits.
(iii) Education and research facilities.
(iv) Library services.
(v) Government administrative/office.
(vi) Lodge, fraternal and civic assembly.
(vii) Parking lots, public.
(viii) Public facility, minor.
(ix) Public facility, major.
(x) Public or private park.
(xi) Public or private recreation facilities.
(xii) Public or private school/college.
(xiii) Public safety and support facilities.
(d) Manufacturing (b) (c).
(i) Artisan workshop.
(ii) Art studios, galleries.
(iii) Laboratories and research facilities.
(e) Commercial (b) (c).
(i) Amusement services.
(ii) Animal sales and services, without outdoor kennels.
(iii) Medical facilities such as clinics, out-patient services, health care facility, etc.
(iv) Bed and breakfast facilities.
(v) Business and personal services, such as barber shops, beauty shops, tailors, laundries, printing, and locksmiths.
(vi) Eating and drinking establishments – all (e.g., restaurant, diner, coffee shop).
(vii) Financial institutions.
(viii) Offices – all (e.g., medical, business or professional).
(ix) Hardware store, without outdoor storage.
(x) Health and fitness club.
(xi) Hotels or motels.
(xii) Kiosks (d).
(xiii) Parking lots, commercial.
(xiv) Pawn shop.
(xv) Pet shop/supplies.
(xvi) Plumbing, HVAC, electrical and paint sales and services, without outdoor storage.
(xvii) Repair and maintenance of permitted retail products.
(xviii) Rental center.
(xix) Residential storage facility (in conjunction with three or more dwelling units).
(xx) Retail sales establishments – all.
(xxi) Small equipment sales, rental and repairs, without outside storage.
(xxii) Theaters, indoors.
(xxiii) Trade and skilled services.
(xxiv) Type I and II home occupation (per Chapter 17.120 SHMC).
(xxv) Used product retail (e.g., antique dealer, secondhand dealer, and flea market).
(xxvi) Veterinary medical services (with no kennel).
(f) Marine Commercial (b) (c) (d).
(i) Houseboat(s), also known as floating homes.
(ii) Boathouse(s).
(iii) Boat launching, moorage facilities and marine boat charter services.
(iv) Boat or marine equipment sales, service, storage, rental or repair.
(v) Retail sale of handicraft and tourist goods.
(vi) Watercraft sales, rental, charters, without outdoor storage.
(vii) Bait and tackle shops.
(viii) Accessory marine related uses.
(ix) Marina.
(x) Docks.
(6) In the WROD, the following conditional uses may be permitted upon application, subject to the provisions of Chapter 17.100 SHMC, Conditional Use, and other relevant sections of this code, except those modified by this chapter. Note: letters in parentheses [e.g., (a)] following the type of use refer to special conditions pursuant to subsection (9) of this section.
(a) Auction sales, services and repairs.
(b) Broadcast facilities without dishes over 36 inches in diameter or transmitter/receiver towers.
(c) Bus stations/terminals.
(d) Businesses with outdoor storage (for businesses that are permitted uses only) (b).
(e) Child care facility/day nursery.
(f) Funeral homes.
(g) Hospitals, nursing homes, and convalescent homes.
(h) Postal services.
(i) Communication services.
(j) Laundromats and dry cleaners.
(k) Religious assembly.
(l) Boat building (d) (e).
(7) Standards Applicable to All Uses. The following standards and special conditions shall apply to all uses in the WROD:
(a) The maximum building height varies within the WROD. The building height limitations of SHMC 17.68.040, Building height criteria for scenic resources, do not apply in the WROD. Building height standards are specific to each property eligible for the WROD, pursuant to subsection (8) of this section.
(b) Landscaping Required.
(i) Screening shall be in accordance with Chapter 17.72 SHMC, Landscaping and Screening. Landscaping used for screening may be included in the required landscaping pursuant to subsection (7)(b)(iii) of this section.
(ii) See subsection (7)(i) of this section. Landscaping used for this purpose may be included in the required landscaping pursuant to subsection (7)(b)(iii) of this section.
(iii) Landscaping shall be provided in conjunction with each building, proportional to each building’s size. The minimum landscape area required shall be based on the following calculation: (building width x building length x height) x 0.02. Location of landscaping is subject to city approval. Landscaping plants and materials used are subject to city approval and shall provide a minimum 50 percent coverage at maturity. Areas that will not be covered by landscaping vegetation shall include bark dust or similar nonvegetative ground cover.
(iv) Required landscaping pursuant to subsection (7)(b)(iii) of this section may be replaced on a one-to-one area basis, not to exceed 10 percent of the total minimum landscape area required, for any green roof utilized in a development.
(c) There is no minimum lot size requirement. Lots or parcels shall be of sufficient size to accommodate all applicable development standards for intended or potential land uses.
(d) No required setbacks from rights-of-way.
(e) Interior Setbacks. New buildings containing any nonresidential use abutting a residential zoning district require one foot of setback for each foot of wall height with a minimum setback of 10 feet. For yards abutting nonresidential districts, no interior setback is required, subject to building code requirements. Note: this setback may be reduced proportionately when the residential zoning district is topographically above the base level of new construction.
(f) The minimum lot width at the street and building line shall be 20 feet.
(g) The minimum lot depth shall be 50 feet.
(h) No maximum building size.
(i) Parking lots shall not front on S. 1st Street and The Strand. Parking lots with three or more spaces visible from public streets shall include landscaping in addition to the other landscape requirements of this chapter and the SHMC, such that there is a minimum area six feet wide and length as necessary to visually soften the entire parking lot from public streets. Minimum improvements within these landscaping areas shall be pursuant to SHMC 17.72.080(4).
(j) Required Usage Ratio. The following ratio shall apply to each development proposal. Net usable land (less nonbuildable areas such as wetlands, public park/dedicated public open space, and public rights-of-way) shall have a maximum residential-to-commercial use ratio of four to one or a commercial-to-residential use ratio of four to one. In no case shall a development have a usage ratio that favors residential or commercial use more than four to one. This usage ratio is based on the sum of use(s) in buildings(s) and those not in buildings. The use(s) within buildings is based gross floor area, whereas the use not in buildings is based on net usable land as previously described. For the purpose of this section, the term “commercial” includes the industrial and institutional uses possible in the WROD.
(8) Building height standards for each property eligible for the WROD shall be determined during the process where a property becomes eligible for the WROD pursuant to subsection (4) of this section. Building height standards for each property eligible for the WROD are as follows:
(a) For the property identified by subsection (4)(a) of this section, the maximum building height is based on the following height zones:
(i) The first height zone is the area west of the centerline of the S. 2nd Street right-of-way (if it was extended in a straight line as platted in the St. Helens Subdivision in a southeasterly direction), where the maximum building height shall be 70 feet (standard “building height” definition).
(ii) The second height zone is the area between the centerlines of the S. 2nd Street and S. 1st Street rights-of-way (if they were extended in a straight line as platted in the St. Helens Subdivision in a southeasterly direction), where the maximum building height shall be 70 feet above mean sea level.
(iii) The third height zone is the area between the centerlines of the S. 1st Street and The Strand rights-of-way (if they were extended in a straight line as platted in the St. Helens Subdivision in a southeasterly direction), where the maximum building height shall be 60 feet above mean sea level.
(iv) The fourth height zone is the area east of the centerline of the The Strand right-of-way (if it was extended in a straight line as platted in the St. Helens Subdivision in a southeasterly direction), where the maximum building height shall be 50 feet above mean sea level.
(v) Notwithstanding the other height zones pursuant to this subsection (8)(a), the area 75 feet upland from the top of bank of the Columbia River shall have a maximum building height of zero feet (standard “building height” definition).
(vi) The maximum building height on the Columbia River shall be 25 feet (standard “building height” definition).
(9) Special Conditions. In general, where letters appear enclosed in parentheses following a given permitted or conditionally permitted use of the WROD, the corresponding lettered conditions below shall apply and constitute an approval criterion, clarification or restriction for the particular use listed.
(a) Maximum residential density is not based on the density computations of Chapter 17.56 SHMC, but rather the usage ratios of this chapter and design requirements (e.g., off-street parking, landscaping, access areas, etc.).
(b) Outdoor storage of goods and materials as an independent use not in conjunction with another use is prohibited. Outdoor storage is allowed for conditional uses in this zone only when said storage is completely screened from the street and adjacent properties.
(c) Outdoor display of goods and materials for retail establishments is permitted on private property in front of the retail establishment, provided such displays do not block safe ingress and egress from all entrances and exits including those specifically for emergency use, block safe pedestrian or vehicular circulation areas, block required parking areas, block emergency accessways, interfere with landscape areas such that those areas will be prone to damage, or otherwise create a hazard. In addition, outdoor display of goods and materials shall be properly and safely stored inside during nonbusiness hours. Moreover, outdoor displays shall not encroach in public rights-of-way, including but not limited to streets, alleys or sidewalks, without express written permission of the city council as reflected in an executed temporary license, release and hold harmless agreement. License agreements shall require safe, sturdy and secure outdoor displays and may be subject to an annual fee determined by resolution of the St. Helens city council.
(d) Water uses cannot exceed 50 percent of water rights area (shoreline) fronting a given property.
(e) The following criteria shall be in addition to the other approval standards necessary to approve, approve with conditions, or deny an application for a conditional use:
(i) Use shall include restrictions determined necessary to prevent conflicts with existing or potential nearby residential uses. Examples include but are not limited to restrictions addressing hours of operation, noise, vibration, external lighting and emissions (odor and particulates).
(ii) Use shall be located in an area determined by the commission to be the edge of non-industrial development for the foreseeable future.
(10) Additional Requirements and Standards.
(a) The residential density calculation and transition provisions of Chapter 17.56 SHMC shall not apply to the waterfront redevelopment overlay district. Rather, density is controlled in accordance with subsection (9)(a) of this section.
(b) The planned development overlay per Chapter 17.148 SHMC shall not apply to the water redevelopment overlay district.
(c) The historic sites and overlay district provisions of Chapter 17.36 SHMC do not apply to the waterfront redevelopment overlay district.
(d) The architectural character review provisions of Olde Towne St. Helens, OTSH zone, pursuant to SHMC 17.32.170(7) shall apply to the waterfront redevelopment overlay district.
(e) The sensitive lands requirements of Chapter 17.40 SHMC apply to the waterfront redevelopment overlay district. Where development in or on the water fronting a development is for a public use or direct public benefit, then protection zone averaging provisions of that chapter are allowed.
(f) The visual clearance area requirements of Chapter 17.76 SHMC do not apply to the waterfront redevelopment overlay district.
(g) Any new development within 100 feet of the top of bank/shoreline of the Columbia River shall include the lands between zero and 100 feet as part of the development. In addition, a bicycle/pedestrian facility shall be dedicated within this area for public use, of such width and design to sufficiently accommodate bicyclists and pedestrians as a multi-use pathway, and in accordance with the applicable city standards. Such bicycle/pedestrian facility shall connect to an adjacent public right-of-way, another bicycle/pedestrian facility or public park for connectedness.
(h) Supplemental Provisions Chapters.
(i) Chapter 17.40 SHMC, Protective Measures for Significant Wetlands, Riparian Corridors, and Protection Zones.
(ii) Chapter 17.44 SHMC, Sensitive Lands.
(iii) Chapter 17.46 SHMC, Floodplains and Floodways.
(iv) Chapter 17.52 SHMC, Environmental Performance Standards.
(v) Chapter 17.60 SHMC, Manufactured/Mobile Home Regulations.
(vi) Chapter 17.64 SHMC, Additional Yard Setback Requirements and Exceptions.
(vii) Chapter 17.72 SHMC, Landscaping and Screening.
(viii) Chapter 17.80 SHMC, Off-Street Parking and Loading Requirements.
(ix) Chapter 17.84 SHMC, Access, Egress, and Circulation.
(x) Chapter 17.88 SHMC, Signs.
(xi) Chapter 17.92 SHMC, Mixed Solid Waste and Recyclables Storage in New Multi-Unit Residential and Nonresidential Buildings.
(i) Site Development Review, Chapter 17.96 SHMC.
(j) Development and Administration Chapters.
(i) Chapter 17.100 SHMC, Conditional Use.
(ii) Chapter 17.104 SHMC, Nonconforming Situations.
(iii) Chapter 17.108 SHMC, Variance.
(iv) Chapter 17.116 SHMC, Temporary Uses.
(v) Chapter 17.120 SHMC, Home Occupations.
(vi) Chapter 17.124 SHMC, Accessory Structures.
(vii) Chapter 17.132 SHMC, Tree Removal.
(k) Land Division Chapters.
(i) Chapter 17.136 SHMC, Land Division – Subdivision.
(ii) Chapter 17.140 SHMC, Land Division – Land Partitioning – Lot Line Adjustment.
(iii) Chapter 17.144 SHMC, Expedited Land Divisions.
(iv) Chapter 17.152 SHMC, Street and Utility Improvement Standards. (Ord. 3107 § 2 (Att. A), 2009)