Chapter 17.77
APPLICATIONS
Sections:
17.77.005 Administrative adjustment.
17.77.010 Adjustment – Design standard.
17.77.040 Bed and breakfast accommodations application.
17.77.050 Comprehensive plan map amendment.
17.77.060 Conditional use permit.
17.77.080 Director’s interpretation.
17.77.100 Home occupation application.
17.77.110 Modification of approved applications, plans, or conditions of approval.
17.77.112 Natural resources development variance.
17.77.115 Nonconforming – Determination that nonconforming use, site, or structure is lawful.
17.77.116 Nonconforming – Restoration of lawful nonconformity.
17.77.120 Planned development.
17.77.005 Administrative adjustment.
A. Scope and Authority. Requests for administrative adjustments are applicable only to required setbacks and building height in all zoning districts. An administrative adjustment permits a minor encroachment into a required setback, or maximum height, not to exceed six inches, in addition to any other relief granted by the applicable code. Administrative adjustments may not be requested for any other portion of the code other than the items noted above as being eligible for an administrative adjustment.
B. Procedure. An administrative adjustment is a Type 2 decision of the director. The director may elect to refer a request for an adjustment to the planning commission for a public hearing.
C. Submittal Requirements. A property owner may initiate a request for an adjustment by filing an application with the planning department with the required application fee. Requests for administrative adjustments shall include a narrative clearly identifying each applicable standard from which an adjustment is requested, citing the reasons for the request, and addressing compliance with the approval criteria in subsection (D) of this section.
D. Approval Criteria. To approve an administrative adjustment, the review authority shall make findings of fact, based on evidence provided by the applicant, that all of the following criteria are satisfied:
1. The adjustment is minor in nature, not to exceed six inches;
2. The adjustment will correct or avoid a noncompliance;
3. All reasonable efforts to rectify the noncompliance have been exhausted; and
4. The adjustment will not be materially detrimental to the purposes of the zone; and
5. An administrative adjustment shall only be granted if it is necessary due to an inadvertent error or unintentional situation (such as a surveyor’s error) discovered after the start of construction and the relief cannot be due to the owner’s intentional acts.
E. Conditions of Approval. Pursuant to LCMC 17.76.120, the review authority may impose conditions on the approval of the primary application to ensure compliance with the adjustment approval criteria.
F. Appeal of a Decision. Refer to LCMC 17.76.180.
G. Expiration of a Decision. Refer to LCMC 17.76.140.
H. Extension of a Decision. Refer to LCMC 17.76.150. (Ord. 2022-15 § 56; Ord. 2021-17 § 1)
17.77.010 Adjustment – Design standard.
A. Procedure.
1. Requests for design standard adjustments are only applicable to adjustments from the standards of Chapter 17.74 LCMC and should be concurrent with the development review application submittal, but may be processed with the structure or site development permit application. Adjustments may not be requested for any other portion of the code other than the items noted in Chapter 17.74 LCMC as being eligible for adjustment.
2. Adjustment requests under this section are processed concurrently with the development review application using the same procedure type as the development review application. Adjustment requests that are submitted as part of the structure or site development permitting process are processed as a Type II procedure.
B. Submittal Requirements. In addition to the submittal requirements of the primary application, requests for design standard adjustments shall include a narrative clearly identifying each applicable standard from which an adjustment is requested, citing the reasons for the request, and addressing compliance with the approval criteria in subsection (C) of this section.
C. Approval Criteria. To approve a design standard adjustment, the review authority shall make additional findings of fact, based on evidence provided by the applicant, that one of the following criteria is satisfied:
1. The character types and guiding principles, as contained in LCMC 17.74.050, and the intent statement(s) under the standard to be adjusted can be better met through the proposed alternative design solution; or
2. Necessary characteristics of the allowed use present practical difficulties in meeting a standard. In such cases, the design must provide alternative features to meet the intent of the standard, along with an explanation of how the alternative features meet the intent of the standard being adjusted.
D. Conditions of Approval. Pursuant to LCMC 17.76.120, the review authority may impose conditions on the approval of the primary application to ensure compliance with the adjustment approval criteria.
E. Appeal of a Decision. Refer to LCMC 17.76.180 for the primary application.
F. Expiration of a Decision. Refer to LCMC 17.76.140 for the primary application.
G. Extension of a Decision. Refer to LCMC 17.76.150 for the primary application. (Ord. 2023-20 § 5; Ord. 2022-38 § 24; Ord. 2021-17 § 2; Ord. 2020-15 § 2)
17.77.020 Annexation.
A. Purpose. The annexation application process is intended to facilitate efficient urban and economic development opportunities by transferring jurisdiction over properties within the urban growth boundary from Lincoln County to the city of Lincoln City. The process is intended to comply with the requirements of ORS Chapters 222 and 268.
B. Procedure. An annexation application is subject to a Type IV procedure.
C. Submittal Requirements for Property Owner-Initiated Annexation Applications.
1. An annexation application on the application form prescribed by the department must be completed and submitted and must contain the signatures of every current property owner of record.
2. Metes and bounds legal boundary description and boundary map prepared in accordance with ORS 308.225. Such metes and bounds legal boundary description shall be prepared by a professional land surveyor licensed in the state of Oregon. The boundary shall be surveyed, with necessary monuments set, as required by statute subsequent to city council approval of the annexation.
3. Written narrative addressing the approval criteria in subsection (F) of this section.
D. Zone Change Process Concurrent with Annexation Application. A request for zone change from the county zone to the city zone that is consistent with the city’s comprehensive plan map designation for the subject site must be submitted with the annexation application on the zone change form prescribed by the department.
E. Initiation by City Council. The city council on its own motion may initiate a proposal for annexation. The approval criteria and standards in subsection (F) of this section shall apply; provided, however, that in the case of annexation pursuant to a current or probable public health hazard or the subject site proposed for annexation is an island completely surrounded by lands within the city limits, then the approval criteria in subsection (F) of this section shall not apply.
F. Approval Criteria. The city may or may not approve an annexation application at its discretion based upon the following:
1. The subject site must be contiguous to city limits.
2. The subject site must be within the urban growth boundary.
3. The city must be willing and able to provide services to the newly annexed area.
4. The deficit of income against expense to the city must not be unreasonable.
5. The advantages of annexing the subject site, both to the city and the subject site, must outweigh the disadvantages of annexation.
G. Conditions of Approval. Approval of an annexation application cannot be conditioned by the city.
H. Appeal of a Decision. The final decision on an annexation application may be appealed to the Land Use Board of Appeals.
I. Expiration of a Decision. The final decision on an annexation application is not subject to expiration.
J. Extension of a Decision. The final decision on an annexation is not subject to extension. (Ord. 2022-05 § 1; Ord. 2020-15 § 2)
17.77.030 Appeal.
A. Procedure. Appeals are subject to the Type III procedure, as described in LCMC 17.76.050.
B. Submittal Requirements.
1. Type III application submittal requirements are set forth in LCMC 17.76.050. Specific submittal requirements are provided on application forms and checklists as authorized in LCMC 17.76.110. (Ord. 2020-15 § 2)
17.77.040 Bed and breakfast accommodations application.
A. Purpose. The purpose of a bed and breakfast accommodations application is to allow owners of dwellings to use their dwellings as bed and breakfast accommodations, while establishing criteria and standards to ensure that bed and breakfast accommodations are subordinate to the residential use, and are in appearance and operation neither detrimental nor disruptive to neighboring properties and residents.
B. Procedure. Bed and breakfast accommodation applications are subject to the Type I procedure as described in LCMC 17.76.030.
C. Submittal Requirements. Type I application submittal requirements are set forth in LCMC 17.76.030 and more specific submittal requirements are provided on application forms and checklists as authorized in LCMC 17.76.110.
D. Approval Criteria. To approve a bed and breakfast accommodation application, the review authority shall review the submitted materials to ensure that the following criteria are satisfied:
1. The zoning of the subject property lists a bed and breakfast accommodation as an allowed use;
2. The proposal complies with the standards for bed and breakfast accommodations in LCMC 17.80.060.
E. Conditions of Approval. The review authority may impose conditions on approval of a bed and breakfast accommodation application to ensure compliance with the approval criteria.
F. Appeal of a Decision. Refer to LCMC 17.76.180.
G. Expiration of a Decision. Refer to LCMC 17.76.140.
H. Extension of a Decision. Refer to LCMC 17.76.150.
I. Invalidation of a Decision. Approval of a bed and breakfast accommodation application is site-specific to the property and the original applicant. If an applicant moves, the bed and breakfast accommodation application approval becomes invalid unless a new bed and breakfast accommodation application is approved for the subsequent occupant of the property. (Ord. 2020-15 § 2)
17.77.050 Comprehensive plan map amendment.
A. Purpose. A comprehensive plan map amendment application provides a process to consider a proposed amendment to the comprehensive plan map.
B. Procedure. A comprehensive plan map amendment application is reviewed using either the Type III or Type IV procedure.
C. Submittal Requirements. Type III application submittal requirements are set forth in LCMC 17.76.050. Type IV application submittal requirements are set forth in LCMC 17.76.060.
D. Approval Criteria. To approve a comprehensive plan map amendment, the review authority shall make findings of fact, based on evidence provided, that the request is consistent with the comprehensive plan and with the statewide planning goals.
E. Conditions of Approval. Approval of a comprehensive plan map amendment application cannot be conditioned by the city.
F. Appeal of a Decision. Refer to LCMC 17.76.180.
G. Expiration of a Decision. An approved comprehensive plan map amendment does not expire.
H. Extension of a Decision. An approved comprehensive plan map amendment is not subject to extension. (Ord. 2020-15 § 2)
17.77.060 Conditional use permit.
A. Purpose. In all zones, conditional uses listed in that zone may be permitted subject to the granting of a conditional use permit. Because of their unusual characteristics, or the special characteristics of the area in which they are to be located, conditional uses require special consideration so that they may be properly located with respect to the objectives of this title and their effect on surrounding properties.
B. Procedure. Conditional use permit requests are subject to the Type III procedure, as described in LCMC 17.76.050.
C. Submittal Requirements.
1. Type III application submittal requirements are set forth in LCMC 17.76.050. Specific submittal requirements are provided on application forms and checklists as authorized in LCMC 17.76.110.
2. At a minimum, an application for a conditional use shall include the following:
a. An application form signed by the applicant and every current property owner of record as shown on the most current recorded deed;
b. Full payment of the application fee, based on the fee schedule in effect on the date of submittal;
c. Existing conditions plan;
d. Site plan;
e. Landscape plan;
f. Building elevations (for new construction);
g. Phasing plan (if phasing is proposed);
h. Traffic impact study pursuant to LCMC 17.52.300; and
i. Narrative addressing compliance with each approval criterion and applicable standard.
D. Approval Criteria. In order to grant any conditional use, the planning commission must find, based upon evidence, both factual and supportive, provided by the applicant, that:
1. The proposal is in compliance with the comprehensive plan;
2. The site for the proposed use is adequate in size and shape to accommodate the use and all required setbacks, common spaces, retaining walls, parking and loading areas, landscaping, and other features required by this title;
3. The site for the proposed use relates to streets and highways adequate in width and degree of improvement to handle the quantity and kind of vehicular traffic that would be generated by the proposed use;
4. The proposed use will have minimal adverse impact upon adjoining properties and the improvements thereon. In making this determination, the review authority shall consider, but not be limited to, the proposed location of the improvements on the site, vehicular egress/ingress and internal circulation, pedestrian access, setbacks, height and mass of buildings, retaining walls, fences, landscaping, screening, exterior lighting, and signage;
5. In areas designated as requiring preservation of historic, scenic or cultural attributes, proposed structures will be of a design complementary to the surrounding area.
E. Conditions of Approval. Pursuant to LCMC 17.76.120, the planning commission may impose, in addition to regulations and standards expressly specified in this title, other conditions found necessary to protect the best interests of the surrounding properties or neighborhood, or the city as a whole. These conditions may include, but not be limited to, the following:
1. Increasing required lot size, setbacks, common open spaces, or screening and buffering areas;
2. Requiring fences, screening walls, landscaping, or screening/buffering where necessary to reduce noise and glare from the use and maintain the property in a character in keeping with the surrounding area;
3. Requiring landscaping and maintenance thereof;
4. Increasing street widths and/or controlling the location and number of vehicular access points to the property for ingress/egress;
5. Requiring means of pedestrian/bicycle pathways to serve the property;
6. Increasing the number of off-street parking and loading spaces required; surfacing and proper drainage of parking area;
7. Limiting size, location, and number of signs;
8. Limiting the location, coverage, or height of buildings because of obstruction to view and reduction of light and air to adjacent properties;
9. Limiting or prohibiting openings in sides of buildings or structures;
10. Enclosure of outdoor storage areas and limitation of outside displays and/or storage of merchandise;
11. Requiring maintenance of grounds;
12. Regulation of noise, vibration, odors, etc.;
13. Regulation of time for certain activities;
14. Establishing a time period within which the proposed use shall be developed;
15. The requirement of a bond for removal of such use within a specified period of time;
16. Increase the size, type, or capacity of any or all utility services, facilities, or appurtenances;
17. Requirements under which any future enlargement or alteration of the use shall be reviewed by the review authority and new conditions imposed;
18. Requirements for providing the city a performance bond with a contractual agreement to assure its share of the development of streets, curbs, gutters, sidewalks, water, sanitary sewers, storm sewers, or other necessary and essential public improvements to city standards; and/or
19. Any such other conditions that will make possible the development of the city in an orderly and efficient manner and inconformity with the intent and purposes set forth in this title and the comprehensive plan.
F. Appeal of a Conditional Use Decision. Refer to LCMC 17.76.180.
G. Expiration of a Decision. Refer to LCMC 17.76.140.
H. Extension of a Decision. Refer to LCMC 17.76.150.
I. Use Permit to Run with the Land. A conditional use permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application. (Ord. 2020-15 § 2)
17.77.070 Development review.
A. Purpose. The purpose of development review is to establish a coordinated process to ensure that development is in compliance with the requirements of this title.
1. Development review does not replace, or excuse applicants, property owners, or developers from obtaining, any other permits or approvals required by this title, by this code, or by any other local, state, or federal law or authority applicable to the proposed development, including but not limited to sign, tree removal, structural, demolition, grading and erosion control, conditional use, planned development, and/or land division permits.
B. Applicability. Except as exempted in subsection (C) of this section, development review approval is required:
1. Before application for or issuance of any nonresidential structural permit, mixed-use structural permit, or any multi-unit residential structural permit on undeveloped sites in the RM, PC, RC, GC, PI, MW, P, OS, TVC, NP, and OP zones;
2. Prior to commencement of redeveloping existing parking lots or developing new parking lots in any zone.
C. Exemptions. The following are exempt from development review:
1. Detached single-unit dwellings, attached single-unit dwellings, attached single-unit dwelling developments, recreational vehicles, manufactured homes, and duplexes;
2. Routine repairs and maintenance;
3. Interior remodeling of an existing building or structure;
4. Temporary structures associated with temporary uses;
5. Accessory structures;
6. Construction, alteration, or maintenance of public infrastructure including streets, traffic control devices, drainage ways, sanitary and storm sewers, storm water quality facilities, water lines, electrical power or gas distribution lines, or telephone or television cable systems;
7. Type I procedures;
8. Exterior remodeling;
9. Expansions of an existing structure; or
10. Restoration or replacement of a damaged, destroyed, demolished or substantially damaged lawful, nonconforming structure or use (see LCMC 17.64.010).
D. Procedure. Development review applications are subject to the Type II procedure as described in LCMC 17.76.040, unless any of the following circumstances apply:
1. The applicant chooses to submit as a Type III procedure; or
2. A Type III application is necessary to approve one or more of the uses proposed in the development, in which case the development review application shall be processed concurrently with the Type III application as a Type III procedure.
E. Submittal Requirements. Type II application submittal requirements are set forth in LCMC 17.76.040 and more specific submittal requirements are provided on application forms and checklists as authorized in LCMC 17.76.110.
F. Concurrent Applications for Adjustments. Requests for adjustments to standards required in Chapter 17.74 LCMC should be processed concurrently with the development review application, but may be processed with the structure or site development permit application.
G. Approval Criteria. To approve an application for development review, the review authority must find that the development, as described in the submitted application, either complies with all of the requirements of this title or will comply with all of the requirements of this title subject to conditions that shall ensure compliance with all of the requirements of this title.
H. Conditions of Approval. Pursuant to LCMC 17.76.120, the review authority may impose conditions on the approval of a development review application to ensure compliance with the requirements of this title.
I. Appeal of a Decision. Refer to LCMC 17.76.180.
J. Expiration of a Decision. Refer to LCMC 17.76.140.
K. Extension of a Decision. Refer to LCMC 17.76.150. (Ord. 2022-25 § 76; Ord. 2020-15 § 2)
17.77.080 Director’s interpretation.
A. Purpose. The purpose of the director’s interpretation application is to provide a process to clarify terms or phrases within this title which may require further interpretation. The director’s interpretation (DI) application also provides a means to assign new or noncategorized uses to permitted, accessory, or conditional uses in a zone. Interpretations of code terms, intent, or meaning are different from other land use applications in that they are an interpretation of language and policy, as opposed to an evaluation of a use or development. A DI application may be submitted in advance of, or concurrent with, an application, permit, or other action.
B. Director’s Authority to Initiate an Interpretation. The director may initiate a director’s interpretation on behalf of the city, either specific or not specific to a particular property or circumstance. The director may also initiate an interpretation when there is a reasonable dispute or lack of clarity regarding permitted uses on a property. If initiated by the director, the director’s interpretation shall be processed as either a Type I or Type II application under the requirements of this section, and shall include the materials specified in subsection (E) of this section with the exceptions of an application form and payment.
C. Director’s Authority to Decline an Application.
1. The director has the authority to consider the request for an interpretation, and shall respond within 30 days following the date of the request, as to whether or not a requested interpretation will be issued.
2. The director may issue or decline to issue a requested interpretation. The director’s decision to decline to issue an interpretation is final when the decision is mailed to the party requesting the interpretation. The decision to decline to issue an interpretation is not subject to local appeal.
D. Procedures. A director’s interpretation not specific to a particular property or circumstance is subject to the Type I procedure, as described under LCMC 17.76.030. A director’s interpretation for a particular property is subject to the Type II procedure, as described in LCMC 17.76.040.
E. Submittal Requirements. Type I application submittal requirements are set forth in LCMC 17.76.030. Type II application submittal requirements are set forth in LCMC 17.76.040. More specific submittal requirements are provided on application forms and checklists as authorized in LCMC 17.76.110.
F. Standards for Assignment of a Use. The assignment of a use to a particular zone, either as permitted or conditional, by the director shall be based on findings that the proposed use:
1. Shares common characteristics with other permitted or conditional uses in the zone;
2. Has intensity, density and off-site impacts similar to other permitted or conditional uses in the zone;
3. Is not specifically prohibited in the zone; and
4. Is not similar to a use that is specifically prohibited in the zone.
G. Standards for Interpretation. An interpretation of terms, intent, or meaning shall be as consistent as possible with the standards listed below. Not all of the standards need to be met for an interpretation to be issued.
1. The proposed interpretation is consistent with the common meaning of the words or phrases at issue.
2. The proposed interpretation is consistent with relevant policy direction from official city documents such as the comprehensive plan and its supporting documents.
3. The proposed interpretation is consistent with the interpretation of other portions of this title.
4. The proposed interpretation is consistent with regional, state, and federal laws and court rulings that affect the words or phrases at issue.
H. Limitations on Director’s Interpretation.
1. The director may interpret provisions of this title, but shall not issue any legal opinion or interpretation of case law.
2. A director’s interpretation does not establish precedent, and does not bind any review authority in current or future decisions regarding the subject property or application or similar properties or applications.
3. A director’s interpretation does not run with the land unless the development is substantially consistent with the description in the director’s interpretation.
I. Expiration of a Decision. A director’s interpretation does not expire unless superseded by a subsequent director’s interpretation, comprehensive plan amendment, or ordinance amendment.
J. Appeal of a Decision. Refer to LCMC 17.76.180. (Ord. 2022-38 § 25; Ord. 2020-15 § 2)
17.77.090 Geologic hazard report and/or beach protective structure review – Natural resources development review.
A. Procedure. Geologic hazard report, beach protective structure review, and natural resources development review are subject to the Type II procedure as described in LCMC 17.76.040.
B. Submittal Requirements. Type II application submittal requirements are set forth in LCMC 17.76.040 and more specific submittal requirements are provided on application forms and checklists as authorized in LCMC 17.76.110, as well as Chapters 17.46 and 17.47 LCMC.
C. Approval Criteria.
1. See Chapter 17.47 LCMC for approval criteria for geologic hazard report and beach protective structure review.
2. See LCMC 17.46.050 for approval criteria for natural resources development review.
D. Conditions of Approval. The review authority may impose conditions of approval to ensure compliance with the approval criteria.
E. Appeal of a Decision. Refer to LCMC 17.76.180.
F. Expiration of a Decision. Refer to LCMC 17.76.140.
G. Extension of a Decision. Refer to LCMC 17.76.150. (Ord. 2020-15 § 2)
17.77.100 Home occupation application.
A. Purpose. The purpose of a home occupation application is to allow residents an opportunity to use their dwelling unit to conduct small-scale business activities, while establishing criteria and standards to ensure that home occupations are subordinate to the residential use of the dwelling unit, and are in appearance and operation neither detrimental nor disruptive to neighboring properties and residents.
B. Procedure. Home occupation applications are subject to the Type I procedure as described in LCMC 17.76.030.
C. Submittal Requirements. Type I application submittal requirements are set forth in LCMC 17.76.030 and more specific submittal requirements are provided on application forms and checklists as authorized in LCMC 17.76.110. At a minimum, a home occupation application shall include the following:
1. An application form signed by every current property owner as listed on the most current recorded deed;
2. Payment in full of the appropriate application fee, based on the fee schedule in effect on the date of submittal; and
3. A floor plan of the dwelling unit to be used for the home occupation with the areas to be used for the home occupation clearly indicated.
D. Approval Criteria. To approve a home occupation application, the review authority shall review the submitted materials to ensure that the following criteria are satisfied:
1. The zoning of the subject property lists a home occupation as an allowed use;
2. The proposal complies with the standards for home occupations in LCMC 17.52.010(E) and the definition for home occupations in LCMC 17.08.010.
E. Conditions of Approval. The review authority may impose conditions on approval of a home occupation application to ensure compliance with the approval criteria.
F. Appeal of a Decision. Refer to LCMC 17.76.180.
G. Expiration of a Decision. Refer to LCMC 17.76.140.
H. Extension of a Decision. Refer to LCMC 17.76.150.
I. Invalidation of a Decision. Approval of a home occupation application is site-specific to the property and the original applicant. If an applicant moves, the home occupation application approval becomes invalid unless a new home occupation application is approved for the subsequent occupant of the property. (Ord. 2020-15 § 2)
17.77.110 Modification of approved applications, plans, or conditions of approval.
A. Purposes. The modification process allows approved applications, plans, or conditions of approval to be modified under an appropriate review process without initiating repetition of the original application.
B. Applicability. The following applications, approved through the provisions of this code, may be modified pursuant to this section:
1. Development review;
2. Conditional use;
3. Planned development.
C. Procedure for Modifications. Modification applications are subject to the Type II procedure as described in LCMC 17.76.040 or the Type III procedure as described in LCMC 17.76.050, based upon the procedure type of the original application.
D. Submittal Requirements. Type II and Type III application submittal requirements are set forth in LCMC 17.76.040 and 17.76.050, respectively.
E. Scope of Review. The scope of review for a modification shall be limited to the modification request.
F. Approval Criteria. To approve modification application, the review authority shall make findings of fact, based on evidence provided, that the following criteria are satisfied:
1. The location, size, and functional characteristics of the modified development can be made reasonably compatible with, and would have a minimal impact on, properties surrounding the subject site; and
2. New elements are provided that functionally compensate for any negative effects caused by the requested modification(s). New elements used to compensate for a negative effect shall be of at least equal value to the elements proposed to be changed.
3. The criteria in subsections (F)(1) and (F)(2) of this section shall be applied only to the area and/or lots within the development that are affected by the proposed modification.
4. The proposed modification shall demonstrate compliance with the approval criteria of the original application.
G. Conditions of Approval. Pursuant to LCMC 17.76.120, the review authority may impose conditions on the approval of a modification application to ensure compliance with the original approval criteria.
H. Appeal of a Decision. Refer to LCMC 17.76.180.
I. Expiration of a Decision. Refer to LCMC 17.76.140.
J. Extension of a Decision. Refer to LCMC 17.76.150. (Ord. 2020-15 § 2)
17.77.112 Natural resources development variance.
A. Procedure. Natural resources development variance applications are subject to the Type III procedure, as described in LCMC 17.76.050.
B. Submittal Requirements. Type III application submittal requirements are set forth in LCMC 17.76.050 and more specific submittal requirements are provided on application forms and checklists as authorized in LCMC 17.76.110.
C. Approval Criteria. To approve a natural resources development variance, the planning commission shall make findings of fact, based on evidence; provided, that all of the following circumstances exist:
1. Strict adherence to the natural resource overlay zone standards of Chapter 17.46 LCMC would effectively preclude a use of the property that reasonably could be expected to occur in the zone, and that the property owner would be precluded a property right which is substantially the same as owners of other property in the same zone or vicinity;
2. The proposed development can be accommodated, including actions to mitigate impacts to natural resource functions, without substantial negative impact to the property’s significant wetland, significant riparian, and/or significant wildlife habitat areas;
3. The variance should not be materially detrimental to the purposes of this title, or to property in the zone or vicinity in which the property is located, or otherwise conflict with the objectives of any city planning policy;
4. The variance requested, of the possible variances necessary to create a buildable area outside of a significant wetland, significant riparian, and/or significant wildlife habitat area, has the least impact to the functions of any significant wetland, significant riparian, and/or significant wildlife habitat areas on the property.
D. Appeal of a Decision. Refer to LCMC 17.76.180.
E. Expiration of a Decision. Refer to LCMC 17.76.140.
F. Extension of a Decision. Refer to LCMC 17.76.150. (Ord. 2022-15 § 57)
17.77.115 Nonconforming – Determination that nonconforming use, site, or structure is lawful.
A. Procedure for Determination That a Nonconforming Situation Is Lawful. Determination that a nonconforming use, site, or structure is lawful is subject to the Type II procedure as described in LCMC 17.76.040.
B. Submittal Requirements. Type II application submittal requirements are set forth in LCMC 17.76.040.
C. Approval Criteria. To determine that a nonconforming use, site, or structure is lawful, the review authority shall make findings of fact, based on evidence provided, showing that:
1. The nonconforming situation was permitted by the standards and regulations in existence at the time established; and
2. The nonconforming situation continued without discontinuance or abandonment as provided under Chapter 17.64 LCMC.
D. Conditions of Approval. Determinations of nonconforming situations are not conditioned.
E. Appeal of a Decision. Refer to LCMC 17.76.180.
F. Expiration of the Decision. The decision for determination of a nonconforming situation does not expire.
G. Extension of a Decision. The decision for determination of a nonconforming situation is not subject to extension. (Ord. 2020-15 § 2)
17.77.116 Nonconforming – Restoration of lawful nonconformity.
A. Procedure. Applications to restore a lawful nonconforming structure or use are subject to the Type II procedure, as described in LCMC 17.76.040.
B. Submittal Requirements. Type II application submittal requirements are set forth in LCMC 17.76.040 and more specific submittal requirements are provided on application forms and checklists as authorized in LCMC 17.76.110.
C. Approval Criteria. To approve a request to restore a lawful nonconforming structure or use, the director shall make findings of fact, based on evidence provided, that all of the following circumstances exist:
1. The damage was not intentionally caused by the current property owner;
2. The restoration does not increase the degree of nonconformity or add new nonconformity;
3. The restoration is according to plans approved by the fire marshal, building official, and floodplain manager, and, if required, in conformance with a geotechnical report;
4. The restored structure or use does not encroach unlawfully on adjacent properties;
5. The restoration complies with reasonable conditions imposed by the city on a structural permit to mitigate any new or increased adverse impact on adjacent property; and
6. In the case of a multi-unit dwelling, mixed-use structure, or commercial structure, the reconstructed use or structure would not interfere with the intent and purpose of the zone in which it is located.
D. Appeal of a Decision. Refer to LCMC 17.76.180.
E. Expiration of a Decision. Refer to LCMC 17.76.140.
F. Extension of a Decision. Refer to LCMC 17.76.150. (Ord. 2022-15 § 58)
17.77.120 Planned development.
A. Purpose. It is the purpose of this section to allow master planned developments in any residential or commercial zone, or any combination of them, and, in doing so, to allow a more flexible approach to land development than that which is normally accomplished through the subdivision and zoning ordinances of the city. The planned development approach is intended to provide more desirable environments by encouraging creative site planning and building designs; to make possible greater diversification between buildings and open spaces; and to conserve land and minimize development costs. In addition to the uses allowed in residential zones, the planned development approach may allow certain commercial uses subject to the specific limitations of this section.
B. Allowable Density. The allowable residential density in a planned development that meets only the minimum planned development standards is the “maximum base residential density” and shall be determined in the following manner:
1. Determine the gross square footage of the project site.
2. Subtract from the gross square footage the square footage of any areas proposed for nonresidential development, including commercial uses, places of worship, schools, and public buildings and their associated parking areas and grounds (including required yards and landscaping areas). The result is the “preliminary gross residential area.”
3. Subtract from the preliminary gross residential area the square footage of any areas of significant natural resources as identified in the comprehensive plan. The result is the “final gross residential area.”
4. Multiply the final gross residential area by 0.83. The result is the “final net residential area.”
5. Divide the final net residential area by the minimum lot size of the underlying zone. The result is the “maximum base residential density” expressed in dwelling units. Any number not a whole number shall be rounded down to a whole number.
C. Residential Density Bonuses.
1. Density in excess of the maximum base residential density for the underlying zone may be considered for projects that comply with the density bonus standards. The amount of density bonus shall be determined by the type of density bonus standards incorporated in the development proposal.
2. Except with respect to the affordable housing bonus, in no case shall the density bonus or bonuses cause the overall project density to exceed the maximum allowed residential density, which in the R1-5 zone is 8.71 units per gross project acre, in the R1-7.5 zone is 5.81 units per acre, and in the R1-10 zone is 4.36 units per acre.
3. If an applicant requests one or more density bonuses, the review authority shall determine, based on evidence supplied by the applicant, any other person, or staff, whether the applicant has complied with the bonus density standards. If the review authority determines that the applicant has complied with one or more bonus density standards, it shall assign the applicable density bonus points and multiply the maximum base residential density by the applicable density bonus points. The result is the total number of additional residential units allowed for the project above the maximum base residential density.
4. Density Bonus Standards. If an applicant desires to be allowed to develop a number of residential units above the maximum base residential density, the applicant shall comply with one or more of the following density bonus standards. The density bonus points for each density bonus standard are in parentheses at the end of each standard.
a. Floodplain.
i. Requirement. For projects where part(s) of the site is located within the 100-year floodplain as defined and mapped by the Federal Emergency Management Agency, the portions in
the floodplain must be developed according to the National Flood Insurance Program requirements.
ii. Density Bonus Standard. For projects where part(s) of the site is located within the 100-year floodplain as defined and mapped by the Federal Emergency Management Agency, develop only on portions of the site that are not in the 100-year floodplain or on portions that have been previously developed. (0.01 point.)
b. Steep Slopes.
i. Requirement. On portions of the project site with pre-project slopes greater than 15 percent that are not previously developed, do not disturb slopes greater than 40 percent and do not disturb portions of the project site within 50 feet of the top of such slopes, and 75 feet from the toe of such slopes.
ii. Density Bonus Standard. On portions of the project site with pre-project slopes greater than 15 percent that are not previously developed sites, limit development to no more than 40 percent of slopes between 25 percent and 40 percent, and to no more than 60 percent of slopes between 15 percent and 25 percent, and locate development such that the percentage of the development footprint that is on pre-project slopes less than 15 percent is greater than the project’s total percentage of buildable land that has pre-project slopes less than 15 percent. (0.01 point.)
c. Protected Species Habitat.
i. Requirement. If designated critical habitat for species that are listed or are candidates for listing under state or federal endangered species acts is found on or adjacent to the project site, do not disturb that critical habitat or portions of the site within an appropriate buffer around the critical habitat.
ii. Density Bonus Standard. If habitat for species that are listed or are candidates for listing under state or federal endangered species acts is found on the project site, do not disturb that habitat or portions of the site within an appropriate buffer around the habitat, with habitat connections or corridors (including connections to habitat on adjacent parcels) in mind. The geographic extent of the habitat and the appropriate buffer shall be identified by a qualified biologist (as determined by the planning and community development director) or the appropriate federal or state agency. Protect the habitat and its identified buffers from development in perpetuity by donating or selling the land or a conservation easement on the land to an accredited land trust or relevant public agency. (0.02 points.)
d. Public Transit.
i. Requirement. Design streets so that pullouts and public transit shelters may be added in the future without the need to acquire additional rights-of-way or relocate any sidewalks or utility lines.
ii. Density Bonus Standard. Provide covered and at least partially enclosed public transit shelters, adequate to buffer wind and rain, at appropriate locations within the project boundaries. If public transit does not serve the area of the project, provide pullouts at appropriate locations within the project boundaries so that public transit shelters may be added in the future. (0.01 point.)
e. Accessible Design.
i. Requirement. Design and build all buildings to comply with the minimum requirements of the Americans with Disabilities Act.
ii. Density Bonus Standard. For each residential unit type developed, design 20 percent (and not less than one) of each type to comply with the accessible design provisions of the Fair Housing Amendments Act (FHAA) and Section 504 of the Rehabilitation Act (Rehabilitation Act), as applicable. Separate residential unit types include: single-family, duplex, triplex, multi-unit row or townhouses, and mixed use buildings that include residential units. All paths of travel between residential units and other buildings within the project shall comply with the accessible design provisions of the FHAA and Rehabilitation Act, as applicable; and facilities and rights-of-way shall comply with the accessible design provisions of the FHAA, the Rehabilitation Act, or the Americans with Disabilities Act, as applicable. (0.01 point.)
f. Energy Efficiency.
i. Requirement. None.
ii. Density Bonus Standard. (0.02 point.)
(A) For new residential structures of three stories or fewer, build and equip the structures to qualify as an Energy Star Home by either a performance path (through a HERS Index rating) or a prescriptive path (Building Option Package or BOP); and
(B) For nonresidential structures and residential structures of more than three stories, demonstrate a minimum 10 percent improvement in the proposed building performance rating compared to the baseline building performance rating per ASHRAE/IESNA Standard 90.1-2007 (without addenda) by a whole building project simulation using the building performance rating method in Appendix G of the Standard. Appendix G requires that this energy analysis include all of the energy costs within and associated with the building project. The proposed design must comply with the mandatory provisions (Sections 5.4, 6.4, 7.4, 8.4, 9.4 and 10.4) in Standard 90.1-2007 (without addenda), must include all the energy costs within and associated with the building project, and must be compared against a baseline building that complies with Appendix G to Standard 90.1-2007 (without addenda).
The default process energy cost is 25 percent of the total energy cost for the baseline building. For buildings where the process energy cost is less than 25 percent of the baseline building energy cost, the applicant must provide supporting documentation substantiating that process energy inputs are appropriate. For the purposes of this analysis, process energy is considered to include, but is not limited to, office and general miscellaneous equipment, computers, elevators and escalators, kitchen cooking and refrigeration, laundry washing and drying, lighting exempt from the lighting power allowance (e.g., lighting integral to medical equipment) and other (e.g., waterfall pumps). Regulated (nonprocess) energy includes lighting (such as for the interior, parking garage, surface parking, facade, or building grounds, except as noted above), HVAC (such as for space heating, space cooling, fans, pumps, toilet exhaust, parking garage ventilation, kitchen hood exhaust, etc.) and service water heating for domestic or space heating purposes.
g. Outdoor Water Conservation.
i. Requirement. For irrigation, design and install all irrigation systems in the project so that they do not spray onto or otherwise directly place irrigation water onto impervious surfaces such as roads, driveways, parking lots, and sidewalks.
ii. Density Bonus Standard. For irrigation, design and install all irrigation systems in the project that use only captured rainwater, recycled wastewater, recycled gray water, or install landscaping that does not require permanent irrigation systems. Temporary irrigation systems used for plant establishment are allowed only if removed within one year of installation. (0.01 point.)
h. Indoor Water Conservation.
i. Requirement. None.
ii. Density Bonus Standard. Design and construct at least 90 percent of all buildings in the project such that they meet one of the following requirements according to the appropriate category (0.01 point):
(A) For nonresidential buildings and residential buildings over three stories, employ strategies that in aggregate use 30 percent less water than the water use baseline calculated for the building (not including irrigation) after meeting the Energy Policy Act of 1992 fixture performance requirements. Calculations are based on estimated occupant usage and shall include only the following fixtures (as applicable to the building): water closets, urinals, lavatory faucets, showers, and kitchen faucets.
(B) For residential buildings three stories or fewer, install fixtures that comply with all of the following requirements:
(1) The average flow rate for all lavatory faucets must be no more than 2.0 gpm.
(2) The average flow rate for all shower heads must be no more than 2.0 gpm.
(3) The average flow rate for all toilets, including dual-flush toilets, must be no more than 1.3 gpf.
i. Tree Preservation.
i. Requirement. Comply with the requirements of LCMC 17.52.220.
ii. Density Bonus Standard. For each two percent of canopy cover provided by trees that are preserved and incorporated into a development plan, a 0.01 point density bonus may be granted. The bonus is not applicable to trees preserved in areas that would otherwise be precluded from development, including floodplains, slopes greater than 25 percent, drainage ways, or wetlands. No more than a 0.10 point density bonus may be granted for any one development.
D. Affordable Housing Bonus. An additional density bonus of 10 percent above the maximum base residential density shall be available for projects incorporating an affordable housing element. For the purposes of this section an affordable housing element must include the following components:
1. At least five percent of the total number of dwelling units in the project must be affordable units.
2. The affordable units must be incorporated into the overall project and not be clustered into a separate area of the project. This provision is not intended to prohibit “cottage clusters” of affordable units; provided, that such clusters are themselves incorporated into the overall project and not clustered into a separate area of the project. To be considered “affordable” a unit must meet affordability standards as adopted by the city. Alternatively the developer may transfer title to individual lots dedicated to affordable housing to the Lincoln County land trust or other organization approved by the planning and community development director for development by that entity as affordable housing.
E. Large-Scale, Mixed Use Planned Developments. This subsection sets forth special provisions for large-scale, mixed use planned developments that provide additional amenities for residents, visitors, and the larger Lincoln City community while ensuring that impacts can be internalized and mitigated through master planning and coordinated on-site management.
1. Applicability. This subsection (E) may be applied only to an existing or proposed planned development that is 100 acres or larger, has direct access to an arterial street, and designates at least 35 percent of the gross planned development site area as open space.
2. Limited Recreational Commercial Uses Permitted.
a. Uses Allowed. In addition to residential uses, the following recreational commercial uses may be permitted in large-scale, mixed use planned developments located in residential or commercial zones, subject to the limitations in subsection (E)(2)(b) of this section:
i. Motels, hotels, and resorts;
ii. Cabins and yurts used for overnight accommodations;
iii. Eating or drinking establishments without drive-up service facilities;
iv. Retail sales, exclusive of drive-up service facilities;
v. Day spas;
vi. Child day care facilities;
vii. Religious institutions and houses of worship;
viii. Convention centers and meeting facilities;
ix. Time-share units;
x. Bed and breakfast accommodations;
xi. Public use or public utility;
xii. Utility substation;
xiii. Outdoor commercial amusement establishments;
xiv. Essential emergency communications and warning facilities;
xv. Emergency shelters;
xvi. Mixed use incorporating one or more of the uses listed here.
b. Limitations. In addition to such conditions and restrictions as the planning commission may deem appropriate, the following limitations apply to commercial uses in large-scale, mixed use planned developments located in residential or commercial zones:
i. The combined area of commercial uses, including associated parking areas, may not exceed 15 percent of the gross site area;
ii. Commercial uses must be located a minimum of 100 feet from existing off-site residential buildings;
iii. No commercial or mixed use buildings may exceed 45 feet in height (unless approved by a vote of the people pursuant to the provisions of LCMC 17.52.190); and
iv. Recreational commercial uses are subject to the design standards of Chapter 17.74 LCMC.
3. Applications for large-scale, mixed use planned developments shall meet the requirements of OAR 660-012-0060, and be subject to the following:
a. A transportation impact analysis (TIA) shall be required at the time of application to determine if the proposed change would significantly affect an existing or planned transportation facility. The TIA shall demonstrate that the development does not significantly impact the transportation system as defined by OAR 660-012-0060(1); or the development shall be made consistent with the transportation system as allowed in OAR 660-012-0060(2). The TIA, findings of significant effect/no significant effect, and proposed mitigation measures shall be sent to the Oregon Department of Land Conservation and Development and the Oregon Department of Transportation for acknowledgment (concurrence).
b. To be consistent with OAR 660-012-0060, the analysis as indicated in subsection (E)(3)(a) of this section shall include a review process that includes adequate public notice and a public hearing, with the right to appeal.
c. Where access to US-101 is proposed as part of a large-scale, mixed use PUD, a valid ODOT highway approach road permit must be provided to Lincoln City before development permits may be issued.
F. Preliminary Master Plan Application. The preliminary master plan, which must include a drawing showing the layout of the proposed planned development, must contain the following information:
1. Proposed name of the planned development;
2. Date, north point and scale of drawing;
3. Appropriate identification clearly stating that the drawing is a preliminary planned development master plan;
4. Location of the planned development by section, township and range; a legal description sufficient to define the location and boundaries of the proposed planned development tract; and the tract designation or other description according to the real estate records of the county assessor;
5. A vicinity sketch map at a scale of one inch equals 400 feet showing adjacent property boundaries and land uses;
6. The following:
a. Location, widths and names of all existing streets or other public ways within or abutting the planned unit development;
b. Contour lines having the following minimum intervals:
i. Two-foot contour intervals for ground slopes less than 10 percent; and
ii. Five-foot contour intervals for ground slopes 10 percent or greater. Contours shall be based on contour maps provided by the city or other data approved by the city engineer;
c. Location of at least one temporary benchmark within the planned unit development boundaries or the source of the contour line data shown (source and accuracy subject to city engineer’s approval);
d. Location and direction of all water courses and natural features such as rock outcroppings, marshes and wooded areas, and the approximate locations of trees or stands of trees having a trunk cross-sectional diameter of eight inches (approximately 25 inches in circumference) or more, measured at a point 54 inches above the base of the trunk on the uphill side. The plan must identify those water courses, natural features and areas of trees meeting the described criteria which are to remain and those which may be altered or removed;
e. Proposed streets, including location, widths and approximate radii or curves;
f. Location of existing and proposed easements on the site or abutting property, showing the width and purpose of each easement;
g. The types of housing proposed within the planned development, the approximate location or locations proposed for each type of housing, and the approximate housing density proposed at each location;
h. Sites, if any, allocated for:
i. Places of worship;
ii. Public or private parks, schools, and playgrounds;
iii. Public buildings;
iv. Open space;
v. Commercial uses, specifying the type of each.
i. Area coverage of existing and proposed structures, lots, streets or other development.
G. Supplemental Preliminary Master Plan Information. The applicant also shall submit the following information to supplement the preliminary master plan. This information can be submitted in separate statements accompanying the preliminary master plan:
1. Proposed restrictions to be filed in the county deed records, in outline form, such as deed restrictions, conditions, covenants and restrictions, and homeowners’ association agreements. The outline restrictions shall identify the time at which the restrictions will be filed in the county deed records; generally who will have authority to enforce the restrictions; specifically which restrictions, if any, are proposed to be enforceable by the city; the time at which the restrictions will become enforceable; and which restrictions, if any, will not be subject to amendment without the consent of the city;
2. Approximate locations and anticipated grades of all streets. Typical cross-sections of the proposed streets showing widths of roadways, curbs, location and widths of sidewalks and the location and size of utility mains;
3. Approximate plan of proposed sanitary sewers, storm drains, storm water detention and drainage pretreatment facilities and the water distribution system;
4. A general description of property intended to be dedicated to the city or public, other than street rights-of-way, including proposed dedication restrictions;
5. A description of any residential density bonus the applicant is requesting, including evidence demonstrating compliance with applicable density bonus standards;
6. Proposed number of residential units;
7. An approximate tabulation of all dwelling units by type;
8. A narrative description of the planned development and the manner in which it meets the purpose set out in subsection (A) of this section;
9. A statement describing the present and proposed ownership;
10. A preliminary landscape plan, covering both areas to retain undisturbed, their natural vegetation and areas to be relandscaped;
11. A circulation plan and traffic impact analysis identifying likely circulation patterns for and traffic impacts from traffic generated by the development including patterns and impacts within the development, in the area surrounding the development, and in other affected areas of the city;
12. A statement whether the applicant proposes to submit the final master plan for review as a single master plan or in phases; a statement of the date or dates by which the applicant proposes to submit the final master plan or final master plan phases for review; and a statement of the date or dates by which the applicant anticipates that the development and related improvements or each phase thereof will be substantially completed;
13. A tree maintenance and protection plan, which shall contain the following information:
a. An accurate topographical survey, subdivision map or plat map, that bears the signature of a qualified, registered surveyor or engineer, and which shows:
i. The shape and dimensions of the property and the location of any existing and proposed structures or improvements;
ii. The location of the individual trees with a diameter of six inches or more on the site, and indicating species, approximate height, d.b.h., canopy spread and common name;
iii. The location of unique trees or stands of trees; and
iv. The location of existing and proposed easements, as well as setbacks required by existing zoning requirements.
b. In lieu of the map or survey, an applicant proposing to remove trees may provide aerial photographs with overlays, GIS documentation, or maps approved by the director, and clearly indicating the information required by this subsection.
c. Tree Protection. Unless specifically exempted by the director, a statement describing how trees intended to remain will be protected during tree removal and construction and how remaining trees will be maintained.
d. Replacement Trees. A description of the proposed tree replacement program with a detailed explanation including the number, size, species, and cost. In lieu of replacing trees, the applicant may propose to pay into the city tree fund an amount equivalent to the value of the replacement trees after installation, as provided in this subsection.
e. Covenants, Conditions and Restrictions (CC&Rs). Where the applicant is proposing to remove trees on common areas, the applicant shall provide a copy of the applicable CC&Rs, including any landscaping provisions.
f. Waiver of Documentation. The director may waive an application document where the required information has already been made available to the city, or where the director determines the information is not necessary to review the application.
H. Consideration of Preliminary Master Plan. Preliminary master plans shall be processed as a Type III procedure as set forth in LCMC 17.76.050. The planning commission’s consideration of the preliminary master plan shall be subject to the following:
1. The planning commission shall approve, or approve with conditions, the plan if it finds that the plan, either as submitted or with conditions, meets all of the following criteria. The planning commission shall disapprove the plan if it finds that the plan, either as submitted or with conditions, does not meet any one or more of the following criteria:
a. The proposed planned development will be substantially compatible with existing development in the surrounding area; and undeveloped land in the surrounding area can be developed in a manner substantially compatible with the proposed planned development.
b. Construction of the planned development can be accomplished in a manner that does not create unreasonable negative impacts on the area surrounding the development or in the city. In order to assure the avoidance or mitigation of negative construction impacts on the area surrounding the development or in the city, the planning commission may impose conditions including but not limited to:
i. Requirements that removal of existing landscaping during construction be limited to areas of the planned development to be constructed shortly following removal and to portions of those areas on which construction will occur;
ii. Prohibitions of open burning on the site during construction;
iii. Prohibitions or limitations on construction track-out;
iv. Restrictions on construction noise; and
v. Restrictions on construction traffic.
c. The development will not create unreasonable negative impacts on the area surrounding the development or in the city. In order to assure the avoidance or mitigation of negative impacts, the review authority may require the filing of restrictions in the county deed records including but not limited to restrictions:
i. Prohibiting the removal of specified landscaping; and
ii. Prohibiting open burning during construction.
d. Street, water, sewer, drainage and drainage pretreatment, storm water detention, and other similar facilities in the area surrounding the development and in the city are or will be adequate to provide for the health, safety and welfare for the development’s population densities and the type of development proposed, taking into consideration existing and projected future demands on those facilities.
e. Street, water, sewer, drainage and drainage pretreatment, storm water detention and other similar facilities proposed to be constructed as part of the development are adequate to provide for the health, safety and welfare for the population densities and the type of development proposed.
f. The proposed number of residential units does not exceed the maximum permitted number of residential units, and at least 15 percent of the gross area is dedicated to landscaping. For purposes of computing area dedicated to landscaping, dedicated open space and protected resource areas may be treated as area dedicated to landscaping, but parking areas may not.
2. The planning commission, in approving a preliminary master plan, may attach conditions it finds are necessary or appropriate to carry out the purposes of this title.
I. Procedure Following Expiration of Preliminary Master Plan. If an approved preliminary master plan expires, whether as to the entire area proposed for development or as to as-yet-unbuilt portions of the development, then a complete new application must be submitted prior to development of the undeveloped portions. This complete new application shall be treated as an original application for the undeveloped portions of the site and shall be subject to all of the procedures and requirements in place at the time of submittal.
J. Submission of Tentative Subdivision Plan. If an approved preliminary planned development master plan provides for the subdivision of land within the planned development, then within such period or periods of time as required by the preliminary planned development master plan approval, an applicant shall file a tentative subdivision plan for the planned development or for phases of the development, if phasing is permitted. The submittal requirements, procedures and approval requirements for the tentative subdivision plan shall be as set out in LCMC Title 16.
K. Consideration of Final Master Plan.
1. Following preliminary master plan approval, and prior to issuance of a development permit and commencement of development, a final master plan must be submitted following the Type I procedure as set forth in LCMC 17.76.030. The final master plan may be submitted in development phases; provided, that:
a. Each phase can exist as a separate entity capable of independently meeting all requirements and standards of this section and of the underlying zones in which the planned development is located; or
b. Prior to the development of any phase that will not exist as such a separate entity capable of independently meeting the requirements and standards, a declaration of covenants, conditions and restrictions enforceable by the city and in a form approved by the city have been filed in the county deed records. The restrictions shall be applicable to other areas of the planned development not yet proposed for development, and shall be sufficient to assure that:
i. The area within the phase proposed for development, when combined with the area not yet proposed for development, as subject to the deed restrictions, can exist as a combined entity capable of independently meeting the requirements and standards;
ii. The phase has met any applicable reevaluation requirement imposed during the preliminary master plan approval process; and
iii. The separate development of phases will not be detrimental to the total development nor to the adjacent properties in the event the remainder of the development is not completed.
2. The final master plan must be in sufficient detail to allow the review authority to determine whether the final master plan is consistent with the preliminary master plan and whether the final master plan meets all conditions applicable to the preliminary master plan. In addition, the final master plan shall include:
a. Detailed landscaping plans showing the type and size of all plant material and its location, the irrigation system, decorative materials, recreation equipment and special effects; and the schedule for removal and replanting of vegetation;
b. Detailed water, sewer, drainage and drainage pretreatment, storm water detention and street system plans, including:
i. Central line profiles showing finished grades of all streets;
ii. Cross sections of proposed streets showing widths of roadways, curbs, locations and widths of sidewalks and locations and sizes of utility mains;
iii. Profiles of sanitary sewer, street drainage, drainage pretreatment, storm water detention and water distribution systems, showing pipe size and location of valves and fire hydrants, all to conform to city standards;
iv. The estimated cost of street, sewer, drainage and drainage pretreatment, storm water detention, water, and other public infrastructure improvements within the planned development.
3. The review authority shall approve the final master plan if the final master plan meets all of the following criteria:
a. The plan is consistent with the preliminary master plan and all conditions applicable to it; and
b. All utility systems conform to city standards or are otherwise approved by the city engineer, and landscaping conforms to city standards.
L. Requirements Following Final Master Plan Approval.
1. A certified print of the approved final planned development master plan shall be provided by the applicant without charge to the office of the city recorder.
2. Proposals to make changes in the final master plan after it has been approved shall be considered the same as a new planned development application.
3. Proposals to make minor changes in the final master plan after it has been approved may be approved by the city manager or the city manager’s designated representative. Minor changes consist only of changes that will not have public visibility and that:
a. Do not increase densities;
b. Do not change boundaries;
c. Do not change any use, specific or general, described in the final master plan; and
d. Do not change the location or amount of land devoted to specific land uses.
4. A final planned development plat shall be filed with and approved by the city in accordance with the final platting requirements of LCMC Title 16 (Subdivisions) and recorded with Lincoln County within one year of the approval of a final master plan. One extension of time for no more than one year may be granted, for good cause, through a Type III procedure. No additional extensions may be granted. If a final planned development plat is not filed, approved, and recorded as required by this section, then the planned development approval shall become void as of the date the filing requirement no longer can be met.
5. Prior to commencement of development, the developer shall provide to the city an improvement agreement and financial security instrument as described in LCMC 17.52.240(L) and shall obtain any required permits. (Ord. 2020-15 § 2)
17.77.125 Short-term rental.
A. Procedure. Short-term rental land use applications are subject to the Type II procedure as described in LCMC 17.76.040.
B. Submittal Requirements. Type II application submittal requirements are set forth in LCMC 17.76.040 and more specific submittal requirements are provided on application forms and checklists as authorized in LCMC 17.76.100. Minimum requirements are as follows:
1. The owners of the property shall apply for short-term rental land use approval on the application form provided by the department. All property owners shall sign the application. The application shall not be processed until all property owners have signed the application. The application shall not be processed without payment of the application fee.
2. Names, mailing addresses, email addresses, and telephone numbers of all persons holding an ownership interest in the property, or holding an ownership interest in the entity that owns the property, shall be provided in the application.
3. The property owners shall certify through their signature that the persons identified as the property owners on the application do not own other property in the city that is used as a short-term rental or is approved for short-term rental use, if the application is for a short-term rental in a residential zone.
C. Approval Criteria. To approve a short-term rental land use application, the review authority shall review the submitted materials to ensure that all applicable portions of LCMC 17.80.050 are satisfied.
1. Approval for a short-term rental in the R1-5 or R1RE cannot be granted unless there is availability under the cap. Notwithstanding availability, a land use application may be submitted for processing with the applicable fee. Applications will be given a date and time stamp at the time of completeness. If a license does not become available within the state-mandated time frame for issuing a decision on the land use application, the application shall be denied. However, the applicant may submit another application and assume the same date and time stamp of completeness as the original denied application. The full application fee shall be paid for subsequent applications.
D. Conditions of Approval. The review authority may impose conditions of approval on a short-term rental land use application to ensure compliance with the approval criteria.
E. Appeal of a Decision. Refer to LCMC 17.76.180.
F. Expiration of a Decision.
1. The authorization for short-term rental land use approval or short-term rental nonconforming use shall remain valid provided the use is conducted lawfully, under a valid short-term rental operating license under Chapter 5.14 LCMC, and in compliance with Chapter 5.14 LCMC.
2. If property owners fail to receive a short-term operating license under Chapter 5.14 LCMC within six months of having received short-term rental land use authorization, or property owners having a short-term rental operating license under Chapter 5.14 LCMC fail to renew it as outlined in Chapter 5.14 LCMC, the city shall consider the short-term rental land use authorization abandoned and the director shall declare the authorization null and void.
3. For a legal nonconforming short-term rental, discontinuance, abandonment, sale, or transfer (sale or transfer as outlined in LCMC 17.80.050(B)(1)(a) and (b)) triggers termination of the nonconforming use.
4. The director will mail a written notice of the decision to declare short-term rental land use authorization null and void or declare the short-term rental nonconforming use terminated to the property owners. The property owners may appeal the director’s decision as provided in LCMC 17.76.180.
G. Extension of a Decision. There are no extensions allowed to the six-month time frame detailed in LCMC 17.77.125(F)(2). (Ord. 2023-24 § 16)
17.77.130 Text amendment.
A. Purpose. The text amendment process shall be used for legislative amendments to LCMC Title 16, this title, or the comprehensive plan. Such amendments are necessary to reflect changing community conditions, needs, and desires, to fulfill regional obligations, and to address changes in state law.
B. Procedure. Text amendments are subject to the Type IV procedure, as described in LCMC 17.76.060. However, the director is authorized to make typographical, grammatical and cross-referencing corrections as needed without initiating the text amendment process.
C. Submittal Requirements. Type IV application submittal requirements are set forth in LCMC 17.76.060.
D. Approval Criteria. In order to approve a text amendment, the review authority shall make findings of fact, based on evidence provided, that the following criteria are satisfied:
1. The text amendment is consistent with relevant goals and policies of the comprehensive plan and any applicable adopted master plans; and
2. The text amendment is consistent with relevant provisions of the statewide planning goals, the Oregon Administrative Rules, and state statutes.
E. Appeal of a Decision. Refer to LCMC 17.76.180.
F. Expiration of a Decision. Text amendments are not subject to expiration.
G. Extension of a Decision. Text amendments are not subject to extension. (Ord. 2020-15 § 2)
17.77.140 Variance.
A. Procedure. Variance applications are subject to the Type III procedure, as described in LCMC 17.76.050.
B. Submittal Requirements. Type III application submittal requirements are set forth in LCMC 17.76.050 and more specific submittal requirements are provided on application forms and checklists as authorized in LCMC 17.76.110.
C. Approval Criteria. To approve a variance, the planning commission shall make findings of fact, based on evidence provided, that all of the following circumstances exist:
1. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity and result from at least one of the following (city official or city staff error is not an exceptional or extraordinary circumstance):
a. Lot size or shape legally existing prior to the date of the ordinance codified in this chapter; or
b. Topography; or
c. Other circumstances specifically pertaining to the property over which the property owner has no control;
2. The variance is necessary for the preservation of a property right of the property owner which is substantially the same as owners of other property in the same zone or vicinity possess;
3. The variance should not be materially detrimental to the purposes of this title, or to any property in the vicinity of the subject property, or otherwise conflict with the goals or policies of the comprehensive plan;
4. The variance requested is the minimum variance which would mitigate the exceptional or extraordinary circumstance.
D. Appeal of a Decision. Refer to LCMC 17.76.180.
E. Expiration of a Decision. Refer to LCMC 17.76.140.
F. Extension of a Decision. Refer to LCMC 17.76.150. (Ord. 2022-25 § 77; Ord. 2020-15 § 2)
17.77.150 Zone change.
A. Purpose. Zone change applications provide a process for consideration of quasi-judicial or legislative amendments to the zoning map to implement property designations on the comprehensive plan map or to apply new zones reflecting changing community conditions, needs, and desires.
B. Procedure. Zone change applications are reviewed through the Type III or Type IV procedure.
C. Submittal Requirements. Type III application submittal requirements are set forth in LCMC 17.76.050. Type IV application submittal requirements are set forth in LCMC 17.76.060.
D. Approval Criteria. To approve a zone change, the city council shall make findings of fact, based on evidence provided, that the request is consistent with the comprehensive plan and statewide planning goals.
E. Conditions of Approval. Approval of a zone change application cannot be conditioned by the city.
F. Appeal of a Decision. Refer to LCMC 17.76.180.
G. Expiration of a Decision. Zone changes are not subject to expiration.
H. Extension of a Decision. Zone changes are not subject to extension. (Ord. 2020-15 § 2)