Chapter 17.80
PROVISIONS APPLYING TO SPECIAL USES

Sections:

17.80.010    Schools.

17.80.020    Utility substation or pumping substation.

17.80.030    Automobile service station.

17.80.040    Standards for mobile home parks, recreational vehicle parks, and tiny house developments.

17.80.050    Vacation rental dwelling use criteria.

17.80.060    Bed and breakfast accommodation standards.

17.80.070    Essential emergency communications and warning facilities.

17.80.080    Animals and gardens.

17.80.090    Small wind energy systems.

17.80.100    Small solar energy systems.

17.80.110    Accessory dwelling unit standards.

17.80.120    Cottage housing developments.

17.80.130    Retail marijuana facilities.

17.80.140    Temporary emergency operations uses during declared emergency.

17.80.150    Four-flat dwellings.

17.80.160    Accessory uses – Places of worship.

17.80.170    Mobile food units and mobile food unit pods.

17.80.180    Wireless communications facilities.

17.80.010 Schools.

A. Nursery schools, day care centers and kindergartens shall have a minimum site size of 10,000 square feet and shall provide and thereafter maintain outdoor play areas with a minimum area of 100 square feet per child of total capacity. In all zones, a sight-obscuring fence of at least five feet but not more than six feet in height shall be provided separating the play area from abutting lots. Adequate off-street parking and loading shall be provided pursuant to Chapter 17.56 LCMC.

B. Elementary schools shall provide one acre of site area for each 90 pupils or one acre for every three classrooms, whichever is greater.

C. Secondary schools shall provide one acre of site area for each 75 pupils or one acre for every two and one-half classrooms, whichever is greater. (Ord. 92-3 § 4; Ord. 84-2 § 10.010)

17.80.020 Utility substation or pumping substation.

In the case of a utility substation or pumping substation, the planning commission may waive the minimum lot size requirement of the underlying zone only if it is determined that the waiver will not have a detrimental effect on adjacent property. (Ord. 92-3 § 4; Ord. 84-2 § 10.020)

17.80.030 Automobile service station.

Automobile service stations shall comply with the following development standards:

A. Site and Location.

1. The minimum area for a service station site shall be 14,000 square feet.

2. The minimum street frontage on a corner lot shall be 120 feet.

3. The minimum street frontage on an interior lot shall be 150 feet. (Ord. 92-3 § 4; Ord. 84-2 § 10.030)

17.80.040 Standards for mobile home parks, recreational vehicle parks, and tiny house developments.

A. Mobile Home Park Standards.

1. All mobile home parks shall comply with state statutes.

2. If space for a mobile home in the park is located more than 500 feet from a public fire hydrant, the park shall install and maintain hydrants so that no mobile home within the park shall be more than 500 feet from a hydrant when the park is fully occupied. Each hydrant shall be adjacent to a vehicular way within the park and shall conform in design and capacity to the public hydrant standards in the city.

3. Except at driveway accesses, a decorative, sight-obscuring fence at least five but no more than six feet in height shall be located 10 feet back from the outer boundary of the mobile home park. The area between the sight-obscuring fence and mobile home park boundary shall be landscaped. The fence and landscaping plan shall be approved by the planning commission.

4. Storage space (for boats, campers, etc.) shall be provided within the mobile home park at the rate of one 10-foot by 20-foot space in size for every four mobile homes within the park’s designed maximum capacity. Adequate maneuvering room shall be provided.

5. In any mobile home park, no more than 20 percent of the total spaces shall be available to and used by recreational vehicles. Such spaces shall be designed, constructed and maintained under the standards for a recreational vehicle park in this title. Furthermore, all such spaces shall be contiguous in one area of the park.

6. Every mobile home park must have a resident manager. The resident manager shall maintain a permanent residence within the park and shall be either the owner or his agent charged for the care and control of the mobile home park. The owner of the park shall notify the planning commission of the name of the original resident manager and all changes thereto within 14 days after any change takes place.

B. Recreational Vehicle Park Standards.

1. Surface drainage plans for the entire park shall be reviewed by the city manager or designee. Exposed ground surfaces in all parts of the park shall be paved, or covered with stone screening or other solid materials, or protected with a vegetative growth capable of preventing soil erosion and of eliminating objectionable dust.

2. The space provided for each recreational vehicle shall not be less than 1,200 square feet. To the greatest extent possible, parks should be developed to preserve their natural character.

3. Each site for an individual recreational vehicle shall contain a paved pad of at least 400 square feet.

4. Recreational vehicles shall be separated from each other and from other structures by at least 10 feet. Any accessory structure attached to the recreational vehicle shall, for purposes of this separation requirement, be considered to be part of the recreational vehicle.

5. Off-street parking and loading shall be provided in accordance with Chapter 17.56 LCMC.

6. Roadways shall not be less than 30 feet in width if parking is permitted on the margin of the roadway or less than 20 feet in width if parking is not permitted on the edge of the roadway. All such roadways shall be paved with asphalt or concrete and be designed to permit easy access to each recreational vehicle space for recreational vehicles of at least 35 feet in length.

7. Except for the driveway accesses for the park, a sight-obscuring fence at least five but not more than six feet in height shall be located five feet back from the outer boundary of the recreational vehicle park. The area between the sight-obscuring fence and the recreational vehicle park boundary shall be landscaped, along with the remainder of the site, in accordance with Chapter 17.55 LCMC. The fence and landscaping shall be approved by the applicable review authority.

8. Trash receptacles for the disposal of solid waste materials shall be provided in convenient locations for the use of guests of the park in such number and of such capacity that there is no uncovered accumulation of trash at any time, and that such containers shall be surrounded by sight-obscuring fence.

9. The park is to be maintained in a neat appearance at all times. Except for vehicles, there shall be no outside storage of materials or equipment belonging to the park or to any guest of the park.

C. Tiny House Developments.

1. Definitions. The following definitions apply to this section:

a. “Tiny house” means a standalone dwelling with a floor area of 400 square feet or less, excluding lofts. For purposes of this section, “tiny house” does not mean a trailer or a recreational vehicle.

b. “Tiny house development” means a site designed to contain at least four tiny houses and designed and operated under a single land development plan, or as a part of another land development plan such as a planned unit development or a cottage cluster development.

2. Tiny houses are allowed in a tiny house development at a density of one tiny house for each 1,200 square feet of land area.

3. Tiny house developments shall not be used as vacation rentals.

4. Tiny houses must be separated from each other and from other structures by at least 10 feet, and at the perimeter of the development must comply with the setback requirements of the R-1 zone.

5. A tiny house development must provide at least one off-street parking space for each tiny house. Parking spaces may be clustered and need not be located immediately adjacent to the individual tiny houses they serve.

6. All tiny houses in a tiny house development must comply with all applicable Oregon building code requirements.

7. A tiny house development is subject to the site plan approval process of LCMC 17.52.240. (Ord. 2020-13 § 23; Ord. 2019-05 § 4; Ord. 92-8 § 12; Ord. 92-3 § 4; Ord. 84-2 § 10.040)

17.80.050 Vacation rental dwelling use criteria.1

A. Purpose.

1. Purpose. Vacation rental dwellings are allowed in recognition of the fact that property owners may desire to allow others to use a vacation home on occasions when the owners themselves are not using it, and the accommodation option that best fulfills the desires of many guests visiting Lincoln City is the rental of a private home during their stay.

2. Basis. The city council finds:

a. The use of vacation rental dwellings can have a perceived negative cumulative effect on Lincoln City neighborhoods by creating nuisances including but not limited to excessive loud noise, excessive numbers of parked vehicles interfering with vehicle access along public roadways and blocking private drives, and litter migrating onto adjacent properties from untended solid waste receptacles.

b. An absentee owner may not be aware of the extent to which use of a vacation rental dwelling potentially causes negative effects on neighboring properties and the livability of a neighborhood.

c. All owners of property in the city have a common interest in maintaining and promoting livable and viable neighborhoods for residents and visitors alike.

B. Vacation Rental Dwelling Standards. Except where noted, the following standards apply to all vacation rental dwellings in the city:

1. Ownership. The approved use of the vacation rental dwelling in any zone is in the name of the property owner and the approval, including any license, is not transferable. When the owner sells or transfers the property occupied or rented as a vacation rental dwelling, the approved use shall cease.

a. For purposes of this chapter, “sale or transfer” means any change of ownership during the lifetime of the owner, whether or not there is consideration, or after the death of the owner, except a change in ownership where title is held in survivorship with a spouse or domestic partner, or transfers on the owner’s death to a trust which benefits only a spouse or domestic partner for the lifetime of the spouse or domestic partner. An owner may transfer ownership of the real property to a trustee, a limited liability company, a corporation, a partnership, a limited partnership, a limited liability partnership, or other similar entity and not be subject to loss of approval of the vacation rental dwelling use so long as the transferor lives and remains the only owner of the entity. Upon the transferor’s death or the sale or transfer of his or her interest in the entity to another person, the approval for the use held by the transferor shall terminate.

b. For purposes of this chapter, “person” means the natural person or legal entity that owns and holds legal and/or equitable title to the property. If the owner is a natural person, or where the natural person has transferred his or her property to a trust of which the natural person is the trustor, that person can have an ownership right, title, or interest in no more than one dwelling unit in a residential zone that has a vacation rental dwelling permit. If the owner is a business entity such as a partnership, corporation, limited liability company, limited partnership, limited liability partnership or similar entity, any person who owns an interest in that business entity shall be considered an owner and such a person can have an ownership right, title, or interest in no more than one dwelling unit in a residential zone that has a vacation rental dwelling permit.

2. Accessory or Permitted Use.

a. Except as otherwise provided in this title, a VRD is allowed as an accessory use in the R-1-5, R-1-7.5, R-1-10, R-1-RE, R-M, and R-R zones, and as a permitted use in the R-1-5, R-1-RE, NBD, NBMU, TVC, OP-OF, OP-IM, OP-MSH, VR, RC, and GC zones, provided the VRD meets the applicable standards of this chapter and obtains a license under Chapter 5.14 LCMC.

b. Incidental and subordinate accessory vacation rental dwelling use is not a commercial use. Commercial vacation rental dwelling use is use of a dwelling for vacation rental dwelling purposes for more than 30 nights per calendar year.

c. The total number of vacation rental dwellings operating without limits on the number of nights for which they may be rented in the R-1-5 zone shall not exceed 10 percent of the total number of lots in that zone.

d. In the R-1-RE zone, all existing licensed vacation rentals and those with complete applications per ORS 227.178(3) on the effective date of the ordinance codified in this section (November 22, 2017) shall be allowed to continue to operate as legal nonconforming uses without limits on the number of nights for which they may be rented. Nonconforming uses are subject to loss of such status per Chapter 17.64 LCMC and this section. Specifically, discontinuance or abandonment of VRD operations, including but not limited to failure to maintain a VRD license pursuant to Chapter 5.14 LCMC for a period of six months or more, shall constitute termination of the nonconforming unlimited VRD use. The director is prohibited from granting extensions to the six-month discontinuance time period. When the total number of nonconforming unlimited VRDs in the R-1-RE zone is reduced to 10 percent of the total number of lots in that zone, a cap of 10 percent shall be triggered on such unlimited VRDs and all existing nonconforming unlimited VRDs under the cap will be rendered permitted uses. In the R-1-RE zone, a VRD sale or transfer, as defined in subsection (B)(1) of this section, will terminate the nonconforming unlimited VRD use, provided the sale or transfer occurs at least seven years after the effective date of the ordinance codified in this section.

3. Parking. In any residential or commercial zone, one off-street parking space will be provided for each bedroom in the dwelling unit, and no less than two spaces will be provided for each dwelling unit. If the proposed VRD use cannot provide the required parking and also meet the other standards of subsection (B) of this section, including required landscaping, the vacation rental occupancy of the dwelling shall be reduced to conform to the available amount of off-street parking and made a condition of licensing under Chapter 5.14 LCMC.

a. The planning and community development director has the discretion to require such changes as are necessary to conform the dwelling to available approved parking and shall inspect the dwelling as necessary to confirm the occupancy has been so conformed prior to approving the use in any allowed zone. An example is changing a bedroom to another use.

b. No more vehicles shall be parked on the property than there are designated off-street parking spaces.

c. No variance from the parking standards is allowed.

4. Solid Waste. The owner must provide securable receptacles of sufficient size for the deposit of solid waste generated by the vacation rental dwelling use and subscribe to a solid waste collection service for service sufficient for the vacation rental dwelling during all months the dwelling is used for vacation rental. No dumpsters are allowed.

5. Landscaping.

a. Residential Zones and the VR Zone. The owner must landscape all yards in accordance with the standards of LCMC 17.52.100. A minimum of 50 percent of the front yard (the area between the side lot lines, the front lot line, and the front of the dwelling) must be landscaped. For oceanfront properties constrained by a need to be set back from the bluff edge due to geological hazards, landscaping may be reduced in order to accommodate required parking.

b. Commercial Zones. The owner shall install and maintain the landscaping as shown in the approved site plan for the commercial use or mixed-use application. If the approval does not include a site plan then the landscaping, at a minimum, must meet the landscaping standards of LCMC 17.52.100.

6. Signs. In both residential and commercial zones, any sign on the property shall be in compliance with the sign requirements for the use in the R-1 zone, as established in LCMC 17.72.060(B).

7. TRT. The owner shall comply with Chapter 3.04, Transient Room Tax.

8. VRD License. Prior to making a VRD available for use, including advertising by any means or otherwise offering the VRD for use, the owner shall obtain a valid VRD License as provided in Chapter 5.14 LCMC.

9. Subject to the limitations and provisions of this section and of Chapter 5.14 LCMC, a vacation rental dwelling located in the R-1-7.5, R-1-10, R-M, R-R, or NCR zone that, prior to December 1, 2016, had received a vacation rental dwelling land use approval and a vacation rental dwelling license approval for the 2016 license year, and that has such approvals remaining valid as of January 18, 2017, may continue to operate without compliance with the 30-night accessory use limitation of this section, and continue as nonconforming approvals pursuant to the land use terms and conditions of their existing land use approvals. Except for existing conditional use approvals, this authorization terminates upon the sale or transfer of the property as defined in subsection (B)(1) of this section.

C. Application and Review.

1. Application Requirements.

a. The owner of the property or authorized agent shall apply for a vacation rental dwelling on a form provided by Lincoln City. The owner shall sign the application. No application shall be accepted without payment of the application fee.

b. At a minimum, the names, mailing addresses, and telephone numbers of all persons holding an ownership interest in the property, or holding an ownership interest in the entity that owns the property, shall be provided in the application.

c. The applicant shall certify that the person identified as the owner on the application does not own other property in the city that is used as a vacation rental dwelling or is approved by the city for vacation rental dwelling use, if the application is for a vacation rental dwelling in a residential zone.

d. The applicant shall certify solid waste collection service is provided to the property.

e. The application shall demonstrate parking and landscaping standards of this section are met.

f. Providing false information in the application shall be a violation and grounds to deny the application, void the approval, enjoin the use, and revoke a vacation rental dwelling license issued for the dwelling under Chapter 5.14 LCMC.

2. Administrative Review and Decision.

a. Notice of Receipt of Application. After receipt of a vacation rental dwelling land use approval application, the department shall provide written notice of the application to:

i. Owners of property within 250 feet of the property for which the application is submitted. The list of property owners shall be compiled from the most recent property tax assessment roll. Where 50 percent or more of the number of properties in the area subject to notice are owned by the same person, as defined in this section, the notice area shall be expanded until the number of properties owned by the same person constitutes 20 percent or less of the properties in the notice area.

ii. Any neighborhood association recognized by the city whose boundaries include the site.

b. The written notice of the application shall include the following information:

i. The date, time, and place where comments are due, if a person wishes to have the comments considered during the review process. The due date shall be 14 days after the date of the notice.

ii. A statement that the criteria governing the land use approval decision are the requirements of subsection (B) of this section.

iii. The street address or another easily understood geographical reference to the property.

iv. A statement that the land use application and any other file materials are available for review at the department and that copies can be obtained at cost.

v. The name and phone number of a department contact person.

c. The planning and community development director shall review an application for VRD in any zone under the applicable standards of subsection (B) of this section and shall issue an administrative decision on the application.

d. Notice of administrative decision shall be provided as required in LCMC 17.76.020 and mailed at applicant’s expense to all owners of property of record as indicated on the most recently available tax assessment roll, located within 250 feet of the exterior boundary of the property for which the application is made. Where 50 percent or more of the number of properties in the area subject to notice are owned by the same person, as defined in this section, the notice area shall be expanded until the number of properties owned by the same person constitutes 20 percent or less of the properties in the notice area. The notice shall contain the information required by LCMC 17.76.020(A) and allow any person opportunity to appeal the decision within 20 days of mailing of the notice. The mailed notice shall state that if tenants or lessees are in possession of the property, the city requests the owner to provide a copy of the notice to each tenant or lessee.

e. The authorization for VRD land use approval or VRD nonconforming use shall remain valid provided the use is conducted lawfully, under a valid revocable vacation rental dwelling license issued under Chapter 5.14 LCMC, and in compliance with Chapter 3.04 LCMC, Transient Room Tax. If a property owner who has received a VRD land use authorization fails to apply for and receive a VRD license under Chapter 5.14 LCMC within one year of having received the VRD land use authorization, or having received a VRD license under Chapter 5.14 LCMC, fails to renew it within the license grace period, the city will consider the VRD authorization abandoned and the planning and community development director will declare the authorization void. For a legal nonconforming use in the R-1-RE zone, discontinuance, abandonment, sale or transfer, as specified in subsection (B)(2)(d) of this section, triggers termination of the nonconforming use. The planning and community development director will mail a written notice of the decision to declare the VRD land use authorization null and void or declare the VRD nonconforming use terminated to the property owner. The property owner may appeal the planning and community development director’s decision as provided in LCMC 17.76.180.

3. Appeal. The decision of the planning and community development director on an application for vacation rental dwelling use may be appealed as provided in LCMC 17.76.180. Appeal of the decision of the planning and community development director shall be in the form of an evidentiary hearing before the planning commission. The planning commission decision shall be final and is not subject to further appeal.

4. Fees. The city is authorized to adopt fees in an amount established by resolution to recover the actual costs of processing and reviewing an application for vacation rental dwelling use including fees for appeals of such decisions.

D. Violation – Penalties – Sanction.

1. Offering or making available a vacation rental dwelling for occupancy, use, or rent, with or without an exchange of value or other consideration, without first obtaining city approval of the use under this section, is a violation and enforceable as a Class B violation.

a. Proof the dwelling is advertised, listed with an agent, or publicly described in any manner by the owner or owner’s agent as a vacation rental dwelling creates a rebuttable presumption that a vacation rental dwelling exists and is available for use, rent, or occupancy.

b. Oral or written statements indicating a vacation rental dwelling is or was made available for use, rent, or occupancy, including but not limited to an advertisement, offer, agreement, or correspondence in any medium, made on or about the date of an alleged violation, are admissible in court for the purpose of establishing a presumption that the vacation rental dwelling was available for occupancy on the date of the alleged violation, whether or not the dwelling was actually rented, used or occupied on such date.

c. When a vacation rental dwelling is shown to be made available on a particular date, it is presumed the VRD continues to be made available unless the defendant proves otherwise.

2. Operating a vacation rental dwelling in violation of any of the standards of subsection (B) of this section is a Class B violation enforceable as provided in Chapter 1.16 LCMC, grounds to suspend or revoke a license under Chapter 5.14 LCMC, and a nuisance.

3. A person convicted of violating this section is subject to a fine as a penalty as established in Chapter 1.16 LCMC. Each day of violation is a separate violation.

E. Prior Existing Use.

1. Application of Chapter 17.60 LCMC, Conditional Uses. Any vacation rental dwelling accessory approved by the city under the conditional use standards of Chapter 17.60 LCMC as in effect prior to November 21, 2007, and lawfully conducted may continue as a nonconforming use after such date, provided the occupancy of the vacation rental dwelling is lawfully conducted under a valid vacation rental dwelling license or renewal license as required by this section. The owner of the dwelling has the burden of establishing a prior approved conditional use when applying for a vacation rental dwelling license or license renewal.

2. A vacation rental dwelling accessory use that is not a conditional use and was approved by the city prior to November 21, 2007, shall be allowed to continue provided the owner obtains an annual vacation rental dwelling license or renewal license as required by this section. Provided the occupancy is otherwise lawfully conducted, the use may continue until such time as the license holder sells, transfers or conveys the property to which the approved use and license apply. The owner of the dwelling has the burden of establishing a prior approved use when applying for a vacation rental dwelling license or license renewal.

3. Except as specifically provided in this subsection, any use conducted under subsection (E) of this section must otherwise conform to all requirements of this section and other applicable code provisions, including but not limited to Chapters 3.04 and 5.14 LCMC. (Ord. 2019-01 § 1; Ord. 2017-17 §§ 3, 4; Ord. 2017-10 § 1; Ord. 2016-20 §§ 9 – 11, 13, 14; Ord. 2015-10 §§ 5, 6; Ord. 2009-11 § 4; Ord. 2009-02 § 1; Ord. 2008-17 § 1; Ord. 2008-07 § 1; Ord. 2007-11 § 1; Ord. 2002-02 § 2; Ord. 95-15 § 16; Ord. 92-3 § 4; Ord. 84-2 § 10.050)

17.80.060 Bed and breakfast accommodation standards.

Bed and breakfast accommodations shall comply with the following standards:

A. All residences used for bed and breakfast accommodations shall be owner-occupied. No separate structures shall be allowed.

B. No more than 25 percent of the entire structure but no more than two bedrooms shall be used as a part of the bed and breakfast accommodation.

C. Each room rented shall not be rented for a period to exceed 15 consecutive days.

D. Maximum signage of one and one-half square feet shall be allowed in residentially zoned areas of the city.

E. Bed and breakfast accommodations must maintain the residential lawn nature of front and side yards.

F. Bed and breakfast accommodations shall provide off-street parking spaces as required in Table 17.56.030-1 in Chapter 17.56 LCMC. (Ord. 2020-13 § 28; Ord. 95-15 § 17; Ord. 84-2 § 10.060)

17.80.070 Essential emergency communications and warning facilities.

A. Essential emergency communications, early warning and associated emergency facilities are not required to comply with the minimum lot size, parking, landscaping, city services availability, or setback requirements of the zone in which they are located.

B. Essential emergency communications, early warning and associated emergency facilities are not required to comply with the requirements, guidelines, or standards of either LCMC 17.52.240 or Chapter 17.74 LCMC, or any other site plan or design standards, guidelines, or requirements contained in this code.

C. Essential emergency communications, early warning and associated emergency facilities are permitted in any zone, except open space, and are not to be located on environmentally sensitive lands and resources, including but not limited to Goal 5 resources, coastal shortlands, beaches and dunes or estuarine resource areas. (Ord. 2020-10 § 15; Ord. 2019-24 § 2; Ord. 2005-14 § 13; Ord. 84-2 § 10.070)

17.80.080 Animals and gardens.2

A. Animals. The keeping of small animals, farm animals, domestic fowl, and worms is permitted in all zones as an accessory use to any principal use permitted outright or to a permitted conditional use, in each case subject to the standards of this section.

1. Small Animals. Up to three small animals may be kept accessory to each business establishment or dwelling unit on a lot, except as follows:

a. In no case is more than one miniature potbelly pig allowed per business establishment or dwelling unit.

b. In single-family zones:

i. Accessory dwelling units shall not be considered separate dwelling units for the purpose of this section;

ii. Up to four small animals are permitted on lots of at least 20,000 square feet; and

iii. One additional small animal is permitted for each 5,000 square feet of lot area in excess of 20,000 square feet. Accessory structures, including kennels, for four or more animals must be at least 10 feet from any other lot in a residential zone.

2. Domestic Fowl. Up to five domestic fowl may be kept accessory to any principal use on any lot in addition to the small animals permitted in subsection (A)(1) of this section. For each 1,000 square feet of lot area in excess of the minimum lot area required for the zone or, if there is no minimum lot area, for each 1,000 square feet of lot area in excess of 5,000 square feet, one additional domestic fowl may be kept. Accessory structures for domestic fowl, such as coops (including portable coops), must be at least 10 feet away from any property line and any dwelling, excepting the property owner’s own residence. The keeping of peafowl is prohibited.

3. Farm Animals. Cows, horses, sheep and other similar farm animals are permitted accessory to any principal use only on lots of at least 20,000 square feet. The keeping of swine is prohibited, except for miniature potbelly pigs allowed under subsection (A)(1)(a) of this section.

a. One farm animal for every 10,000 square feet of lot area is permitted.

b. Farm animals and structures housing them must be kept at least 50 feet from any lot in a residential zone.

4. Vermiculture. Vermiculture is allowed accessory to any principal use on any lot; provided, that the surface area of all bins used for vermiculture does not exceed two square feet for each 1,000 square feet of lot area. Vermiculture bins must be located at least 10 feet from any abutting properties.

B. Gardens. Gardens are permitted in all zones as an accessory use to any principal use permitted outright or to a permitted conditional use, in each case subject to the standards of this section.

1. Personal Gardens. Personal gardens are allowed as an accessory use on any lot. Personal gardens may be used to meet part or all of any landscaping requirement set out in this code. Personal gardens may include structures such as cold frames, greenhouses, and hoop houses in any yard other than a required front yard or street side yard and do not count against the allowed building coverage in any zone, even if the structure requires a building permit. To the extent such structures require a building permit they may not be located closer than three feet to any property line.

2. Community Gardens. Community gardens, including those allowed as a principal use under the regulations of any zone, may include structures such as cold frames, greenhouses, and hoop houses. If the community garden is a use accessory to a principal use involving a building, such structures may be located in any yard other than a required front yard or street side yard and do not count against the allowed building coverage in any zone, even if the structure requires a building permit. To the extent such structures require a building permit they may not be located closer than three feet to any property line (five feet in a residential zone). Community gardens may include a tool house or other storage building not exceeding 10 feet by 10 feet or 10 feet in height and not located closer than three feet to any property line. No off-street parking spaces are required for a community garden.

3. Market Gardens. Market gardens, including those allowed as a principal use under the regulations of any zone, may include structures such as cold frames, greenhouses, and hoop houses. If the market garden is a use accessory to a principal use involving a building, such structures may be located in any yard other than a required front yard or street side yard and do not count against the allowed building coverage in any zone, even if the structure requires a building permit. To the extent such structures require a building permit they may not be located closer than three feet to any property line (five feet in a residential zone). Market gardens may include a tool house or other storage building not exceeding 10 feet by 10 feet or 10 feet in height and not located closer than three feet to any property line. No off-street parking spaces are required for a market garden that is accessory to a principal use that requires parking. If a market garden is a principal use at least one parking space must be provided for the first 5,000 square feet of garden area or portion thereof, and for each 5,000 square feet of garden area beyond the first 5,000 square feet. Market gardens are not subject to the home occupation requirements of LCMC 17.52.010(E). Operators of market gardens are subject to the occupation tax requirements of Chapter 5.04 LCMC. (Ord. 2017-11 § 1; Ord. 2010-06 § 9; Ord. 2009-05 § 19)

17.80.090 Small wind energy systems.3

A. Accessory Use. A small wind energy system is allowed as an accessory use in all zones in which structures are permitted.

B. General Standards.

1. The minimum distance between the ground and any part of a rotor blade must be at least 20 feet.

2. Small wind energy systems may not be illuminated, nor may they bear any signs or advertising.

3. Small wind energy systems must have automatic braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the support structure, rotor blades, and turbine components.

4. All wiring serving small wind energy systems must be underground.

5. Noise produced by small wind energy systems may not exceed 55 dBA measured at the property line.

6. Small wind energy systems must not cause any interference with normal radio and television reception in the surrounding area, with any public safety agency or organization (including but not limited to police, fire, ambulance, and Coast Guard) radio transmissions, or with any microwave communications link. The owner shall bear the costs of immediately eliminating any such interference should any occur, or must immediately shut down the system or parts of the system causing the interference.

7. A finish (paint/surface) must be provided for the small wind energy system that reduces the visibility of the facility, including the rotors. In most circumstances this condition may be satisfied by painting the support structure and rotors with flat light haze gray paint. If the support structure is unpainted it must be of a single color throughout its height. The owner must maintain the finish, painted or unpainted, so that no discoloration is allowed to occur.

8. The diameter of the area swept by the rotors may not exceed 25 feet.

C. Freestanding Systems – Additional Standards. Small wind energy systems may be mounted on a tower detached from other structures on the lot.

1. Setback. The minimum setback from any property line, overhead utility line, or public right-of-way shall be a distance equal to the vertical distance from the ground to the tip of a wind generator blade when the tip is at its highest point unless the affected utility, property owner, or governmental entity grants written permission for a lesser setback. In addition to the system’s structures, guy wires associated with towers shall meet applicable setbacks for the zone district.

2. Height. Support structures for freestanding systems may not exceed 80 feet in height.

3. Security. Support structures for freestanding systems must be unclimbable from the ground to a height of at least 15 feet.

4. Number. A maximum of one freestanding small wind generator system may be allowed on a parcel of 25,000 square feet or less. One additional freestanding system is allowed for each 12,500 square feet of lot area above 25,000 square feet.

D. Roof-Mounted Systems – Additional Standards. Small wind energy systems may be mounted on the roof of a structure as an appurtenance.

1. Height. Roof-mounted systems may not be more than five feet over the maximum allowed height for the structure.

2. Number. There is no maximum number of roof-mounted systems permitted.

3. Engineering Report. Before any roof-mounted system is mounted the property owner must submit a report prepared by an Oregon licensed professional engineer attesting to the fact that the structure to which the system will be mounted is or will be sufficiently strong to support the system and to withstand the wind, vibratory, and other loads to which it would be subjected as a result of mounting the system on it. This report is subject to approval by the planning and community development director prior to the mounting of the system. (Ord. 2009-06 § 2)

17.80.100 Small solar energy systems.4

A. Accessory Use. A small solar energy system is allowed as an accessory use in all zones in which structures are permitted.

B. General Standards.

1. Ground-mounted solar energy systems are considered structures and must meet applicable setbacks for the zone district.

2. Roof-mounted systems shall be mounted as flush as possible to the roof but in any case not more than three feet above the existing roof. (Ord. 2009-06 § 3)

17.80.110 Accessory dwelling unit standards.

A. Purpose. Accessory dwelling units (ADUs) are allowed to provide property owners with a means of obtaining, through tenants in either the accessory dwelling unit or the principal dwelling unit, rental income, companionship, security, and services; ADUs add affordable units to the existing housing supply; ADUs make housing units available to people who might otherwise have difficulty finding homes within Lincoln City; ADUs create housing units in residential neighborhoods that are appropriate for people at a variety of stages in the life cycle; and ADUs protect neighborhood stability, property values, and the residential appearance of the neighborhood.

B. Standards. Accessory dwelling units shall conform to the following standards:

1. Type. Accessory dwelling units may be a portion of the principal dwelling unit, attached to a garage, or a separate, freestanding unit. The principal dwelling unit must be a single-family dwelling if someone wishes to add an accessory dwelling unit.

2. Floor Area. Accessory dwelling units shall not exceed 750 square feet of floor area or 50 percent of the floor area of the principal dwelling unit, whichever is less.

3. One Unit. A lot or parcel may have a maximum of one accessory dwelling unit.

4. Exempt from Density Limits. Accessory dwelling units are exempt from the density standards of the zoning districts in which they are located.

5. Occupancy. No one may occupy an accessory dwelling unit until the planning and community development department has issued a certificate of completion for the unit.

6. Design. An accessory dwelling unit shall comply with the following standards:

a. Roofs. Roofs of detached accessory dwelling units shall be the same shape, pitch and material as the main house, and shall include the same type of architectural embellishments, if any (e.g., dormers, gables, and eave trim).

b. Facades. A street-facing facade of the accessory dwelling unit shall include the same exterior of materials and windows and molding shall be of the same size, style, and orientation as the main house.

c. Color. The exterior color of the accessory dwelling unit shall be of the same color as the main house.

7. Unity of Ownership. An accessory dwelling unit shall not in any way be segregated in ownership from the principal dwelling unit.

8. Primary Entrance. If the accessory dwelling unit’s primary entrance is not the same as that for the principal dwelling unit it shall be less visible from the street view of the principal dwelling unit than the main entrance of the principal dwelling unit. If the accessory dwelling unit is accessed via a stairway, the stairway may not be constructed on the front of the principal dwelling unit.

9. Vacation Rental. Neither the accessory dwelling unit nor the principal dwelling unit may be used as a vacation rental dwelling.

10. Sewer Connection. Both the principal dwelling unit and the accessory dwelling unit must be connected to the city sewer system. Neither the accessory dwelling unit nor the principal dwelling unit may use a septic system. (Ord. 2020-03 § 2; Ord. 2019-37 § 1; Ord. 2014-08 § 8)

17.80.120 Cottage housing developments.

A. Purpose. A cottage housing development is a small cluster of dwelling units appropriately sized for smaller households and available as an alternative to the development of typical detached single-family homes. Cottage housing is intended to address the changing composition of households, and the need for smaller, more diverse, and often, more affordable housing choices. Providing for a variety of housing types also encourages innovation and diversity in housing design and site development, while ensuring compatibility with surrounding single-family residential development.

B. Definitions. The following definitions apply to this section:

1. “Common open space” means an area improved for recreational use or gardening that all owners in the cottage cluster own and maintain in common through a homeowners’ association, condominium association, or similar mechanism.

2. “Cottage” means a detached, single-family dwelling unit that is part of a cottage housing development and that contains 1,250 square feet or less of gross floor area.

3. “Cottage cluster” means a group of four to 12 cottages, arranged around a common open space.

4. “Cottage housing development” means one or two clusters of cottages developed under a single land development plan, or as a part of another land development plan.

5. “Footprint” means the gross floor area of a cottage’s ground-level story.

6. “Gross floor area” means the area within the exterior walls, but excluding any space where the floor to ceiling height is less than six feet.

C. Applicable Zoning Districts. Cottage housing developments are allowed only in the single-family residential (R-1), recreation residential (R-R), and multiple-family (R-M) zoning districts.

D. Ownership. Cottage housing developments may be sited on one commonly owned parcel with individual cottages owned in a condominium, cooperative, or similar arrangement, or cottages may be on individual lots with shared amenities and facilities owned in common.

E. Site Plan Review Required. Cottage housing developments require approval through the site plan review process of LCMC 17.52.240.

F. Standards. Cottage housing developments are subject to the following standards:

1. Density. Cottages may be built at up to twice the density allowed by the underlying zoning for detached single-family houses.

2. Number of Cottages. A cottage housing development is composed of one or two cottage clusters, with each cluster containing four to 12 dwelling units.

3. Proximity to Other Cottage Housing Developments. No part of a cottage housing development may be within 500 feet of another cottage housing development.

4. Cottage Design. The cottages in a cottage housing development are subject to the following standards:

a. Maximum Floor Area. The gross floor area of each cottage shall not exceed 1,250 square feet. At least 25 percent of the cottages in each cluster shall have a gross floor area less than 1,000 square feet.

b. Maximum Footprint. The footprint of each cottage shall not exceed 800 square feet, or 1,200 square feet including an attached garage.

c. Maximum Height. The height of each cottage shall not exceed 25 feet.

d. Setbacks. The setbacks from adjacent property lines along the perimeter of the cottage housing development shall be the same as required by the underlying zone. The minimum distance between all structures, including accessory structures, shall be in accordance with building code requirements.

e. Private Open Space. Each cottage may have private open space for the exclusive use of the cottage residents. Private open space does not count towards the required common open space.

f. Orientation of Cottages. Cottages shall be clustered around the common open space. Each cottage shall have a primary entrance and covered porch oriented to the common open space. All cottages shall be within 50 feet walking distance from the common open space, measured from the facade of the cottage to the nearest delineation of the common open space. The design of the common open space shall not use unusual areas or projections to meet this requirement. Lots in a cottage housing development are not required to abut a public street.

g. Public Street Facing Facades. Cottages abutting a public street shall have an entrance and a porch, bay window, or other architectural enhancement oriented to the public street. Garage or carport entrances may not face a public street.

h. Porches. Each cottage shall have a covered open porch that shall be oriented toward the common open space and that shall be at least six feet in depth measured perpendicular to the abutting building facade and at least 60 square feet in area.

i. Fire Access. No part of any structure shall be more than 150 feet, as measured by the shortest clear path on the ground, from fire department vehicle access.

j. Energy Efficiency. Each cottage shall meet or exceed the energy code provisions of the Oregon Residential Specialty Code.

5. Community Buildings. Cottage housing developments may include community buildings that provide space for accessory uses such as community meeting rooms, exercise rooms, day care, or community eating areas. They shall have a footprint of no more than 800 square feet and may not exceed one story in height. Their design, including the roof lines, shall be similar to and compatible with that of the cottages within the cottage housing development.

6. Common Open Space. Each cottage cluster shall have common open space in order to provide a sense of openness and community of residents. Common open space is subject to the following standards:

a. Each cottage cluster shall contain at least 2,000 square feet of common open space regardless of the number of cottages in the cluster, and not less than 400 square feet of common open space per cottage.

b. Each cottage cluster’s common open space shall be in a single, contiguous, usable piece.

c. Each cottage cluster’s common open space shall abut at least 50 percent of the cluster’s cottages.

d. Cottages shall abut each cottage cluster’s common open space on at least two sides of the open space.

e. Parking areas, required yards, private open space, and driveways do not qualify as common open space.

7. Parking. Parking for a cottage housing development is subject to the following standards:

a. Minimum Number of Parking Spaces. Cottage housing developments shall have at least one parking space for each cottage with a gross floor area of 700 feet or less, one and one-half parking spaces for each cottage with a gross floor area of 701 to 1,000 square feet (with the total number required rounded up to the nearest whole number), and two parking spaces for each cottage with a gross floor area over 1,000 square feet.

b. Guest Parking. Cottage housing developments shall have at least one-half additional guest parking spaces for each cottage in the development, rounded up to the nearest whole number. These spaces shall be clearly identified as being reserved for guests.

c. Reduction in Number of Required Parking Spaces. The required number of parking spaces may be reduced by the number of on-street parking spaces on public streets adjacent to and immediately abutting the cottage housing development.

d. Clustering. Parking areas may be arranged in clusters limited to no more than five contiguous spaces.

e. Access. Parking areas shall be accessed only by a private driveway or public alley. No parking space may access a public or private street directly. No parking space may be between a public street and cottages abutting the public street.

f. Design. The design of garages and carports, including the roof lines, windows, and trim, shall be similar to and compatible with that of the cottages within the cottage housing development.

g. Screening. Landscaping or architectural screening at least three feet tall shall separate parking areas from the common area and public streets. Solid board fencing shall not be allowed as an architectural screen.

8. Walkways. A system of interior walkways shall connect each cottage to the common area, parking areas, any community buildings, and sidewalks abutting any public streets bordering the cottage housing development. Interior walkways shall be at least five feet in width.

9. Interior Fences. Fences on the interior of the cottage housing development shall not exceed three feet in height and shall not consist of solid board fencing.

10. Existing Structures. On a lot or parcel to be used for a cottage housing development, an existing detached single-family dwelling that may be nonconforming with respect to the requirements of this section may remain, but the extent of its nonconformity may not be increased. Such dwellings shall count towards the number of cottages allowed in the cottage housing development.

11. Exemptions. Cottage housing developments are exempt from the following standards:

a. The requirement of LCMC 16.08.050 that a subdivision with land area greater than two acres or 10 lots must be processed as a planned unit development.

b. The minimum lot sizes of LCMC 16.12.220.

c. The standards of LCMC 17.16.070 (R-1 zone) for minimum lot width, maximum lot coverage, minimum lot area (but not the applicable underlying maximum density, as modified by subsection (F)(1) of this section), and setback requirements (except on the perimeter of the cottage housing development). Notwithstanding the exception for maximum lot coverage above, if the coverage standard for the underlying district is exceeded, the cottage cluster project shall utilize innovative design techniques (e.g., bioswales and pervious concrete) to retain storm water on site and provide for water quality treatment before discharge. Such storm water treatment methods are subject to approval of the city engineer.

d. The standards of LCMC 17.16.090 (R-1 zone) relating to off-street parking and loading.

e. The standards of LCMC 17.40.060 (R-R zone) for setback requirements (except on the perimeter of the cottage housing development), minimum lot area (but not the applicable underlying maximum density, as modified by subsection (F)(1) of this section), and off-street parking and loading.

f. The number of required parking spaces of LCMC 17.56.030.

12. Vacation Rental. No cottage in a cottage housing development may be used as a vacation rental dwelling.

13. Sewer Connection. Each cottage in a cottage housing development must be connected to the city sewer system. No cottage in a cottage housing development may use a septic system.

G. Conflicts. In the event of a conflict between this section and other sections of LCMC Title 16 or this title, this section shall control. (Ord. 2020-10 §§ 10, 15; Ord. 2014-10 § 4)

17.80.130 Retail marijuana facilities.5

A. Definitions. Retail marijuana facilities are limited to medical marijuana dispensaries and retail recreational marijuana facilities.

1. “Medical marijuana dispensary” means a business facility registered by the Oregon Health Authority under ORS 475.300 to 475.346 and that sells, distributes, transmits, gives, dispenses or otherwise provides medical marijuana to registry identification cardholders (persons who have been diagnosed by a physician as having a debilitating medical condition) as further defined by ORS 475.302(3) or the designated primary caregivers of the cardholders as defined by ORS 475.302(5).

2. “Retail recreational marijuana facility” is a facility, registered and licensed by the Oregon Liquor Control Commission, that engages in retail sales of marijuana and marijuana-derived products to persons 21 years of age or older.

3. A recreational licensee registered with the Oregon Liquor Control Commission to also sell marijuana for medical purposes is not considered to have two separate retail marijuana stores if the dispensary and the recreational marijuana store are located in the same store or adjacent stores. A medical dispensary authorized to also sell recreational marijuana is not considered to have two separate retail marijuana stores if the dispensary and the recreational marijuana store are located in the same store or adjacent stores.

B. Limitations. Operators of retail marijuana facilities are solely responsible for obtaining all required approvals, permits, licenses, and authorizations from the responsible federal, state, and local authorities or other entities necessary to engage in the business of selling or otherwise providing marijuana and marijuana-infused products for consideration in the manner contemplated. The city of Lincoln City has no duty, responsibility, or liability for requesting, obtaining, ensuring, or verifying an operator’s compliance with applicable federal or state permit or approval requirements. Designating retail marijuana facilities as permitted uses is not an approval or endorsement of such facilities and shall not in any way be interpreted as a waiver, modification, or grant of any federal, state, or local agency permits, approvals, or authorizations. Businesses operating within the city of Lincoln City shall comply with all applicable federal, state, and local laws.

C. Standards. Retail marijuana facilities must comply with the following standards:

1. The business must be located in a permanent building and may not be located in a trailer, cargo container or motor vehicle;

2. The business must be located in a building or tenant space no portion of which is less than 1,000 feet from any lot upon which there is located a public or private elementary, secondary, or career school primarily attended by minors;

3. The business must be located in a building or tenant space no portion of which is less than 1,000 feet from any lot upon which there is located another retail marijuana facility;

4. The business must not be located on the same lot as a marijuana grow site;

5. Doorways, windows and other openings shall be located, covered, or screened in such a manner as to prevent a view into the interior from any adjacent exterior public or semipublic area;

6. No retail marijuana facility, as defined in this chapter, may be open for business earlier than 8:00 a.m. or later than 8:00 p.m. of the same day;

7. Cultivation or infusion of marijuana at the site of the retail marijuana facility is prohibited;

8. The business must have a written plan for secure disposal of marijuana remnants or by-products and must provide for secure disposal of marijuana remnants or by-products; such remnants or by-products shall not be placed within the facility’s exterior refuse containers;

9. The business may not have a drive-through. (Ord. 2016-05 § 5; Ord. 2014-29 § 5)

17.80.140 Temporary emergency operations uses during declared emergency.

A. Temporary emergency operations uses are permitted in any zone, except open space, and are not required to comply with the minimum lot size, parking, landscaping, city services availability, or setback requirements of the zone in which they are located. Notwithstanding the above, emergency operations uses shall not be located on environmentally sensitive lands and resources, including but not limited to Goal 5 resources, coastal shorelands, beaches and dunes, or estuarine resource areas.

B. Temporary emergency operations uses are not required to comply with the requirements of LCMC 17.52.240 (Site plan review).

C. Temporary emergency operations uses are of limited duration and are intended to terminate when the emergency has ended. In no event will an emergency operations use be permitted to remain past the time needed to demobilize, or 60 days past the end of the declared emergency under Chapter 2.72 LCMC, whichever is less.

D. Emergency operations uses must be authorized by the emergency order under Chapter 2.72 LCMC and may be sited on city property, except for open space properties, when the property or buildings thereon meet the need created by the emergency. Private property or other public property may, with permission of the owner, be used for such temporary emergency operations purposes. Emergency operations uses include, but are not limited to, emergency facilities, shelters, overnight shelters, bivouacs, mess halls, emergency campgrounds, staging areas, inoculation centers, distribution centers, or similar emergency operation uses. (Ord. 2020-10 § 15; Ord. 2018-15 § 1)

17.80.150 Four-flat dwellings.6

A. Definition. A “four-flat dwelling” is a structure designed to resemble a single-family dwelling, containing four individual dwelling units and appearing to have no more than two (one in front) exterior entrances opening onto a common hallway(s) providing access to the four individual units within the structure.

B. Standards. Four-flat dwellings are subject to the following standards:

1. Minimum Lot Size. A four-flat dwelling may be located on a lot of at least 10,000 square feet.

2. Parking. Each four-flat dwelling must have a minimum of six off-street parking spaces.

3. Setbacks. Each four-flat dwelling must meet the single-family dwelling setback requirements of the zone in which it is located.

4. Lot Coverage. Each four-flat dwelling must meet the maximum lot coverage requirements of the zone in which it is located.

5. Vacation Rentals. Four-flat dwellings shall not be used as vacation rentals in any zone.

6. Height Requirement. Four-flat dwellings must comply with the height requirement of the zone in which they are located.

7. Site plan review per LCMC 17.52.240 is not required for four-flat dwellings. (Ord. 2019-02 § 8)

17.80.160 Accessory uses – Places of worship.

A. In the general commercial (GC) district, Nelscott Plan (NP) district (business district and Beachside mixed use), Taft Village Core (TVC), and Oceanlake Plan (OP) district (Main Street interior MU and Oceanfront), the following accessory uses, customarily associated with the practices of the religious activity, are allowed:

1. Subject to compliance with site plan review (LCMC 17.52.240) and availability of adequate public facilities, an approved and constructed place of worship shall be allowed the reasonable use of the subject real property for accessory use activities, including those uses and limitations identified in ORS 227.500 as that section exists on the effective date of the ordinance codified in this section. In addition, temporary sheltering of individuals and families in building and fire code compliant facilities is authorized (temporary use), not to exceed 50 persons, with a minimum of 35 square feet per person required. Strict compliance with Oregon Fire Code TA No. 14-12, adopted herein by this reference and on file in the Lincoln City planning department, is required. The fire district shall be notified when such temporary sheltering use is requested.

B. In the single-family residential (R-1) district, single-family residential roads-end (R-1-RE) district, vacation rental (VR) district, the multifamily residential (R-M) district, the recreation residential (R-R) district, Nelscott Plan (NP) district (cottage residential) the following accessory uses, customarily associated with the practices of the religious activity, are allowed:

1. Subject to compliance with site plan review (LCMC 17.52.240) and availability of adequate public facilities, an approved and constructed place of worship shall be allowed the reasonable use of the subject real property for accessory use activities, including those uses and limitations identified in ORS 227.500 as that section exists on the effective date of the ordinance codified in this chapter. In addition, temporary sheltering of individuals and families in building and fire code compliant facilities is authorized (temporary use), not to exceed 25 persons, with a minimum of 35 square feet per person required. Strict compliance with Oregon Fire Code TA No. 14-12, adopted herein by this reference and on file in the Lincoln City planning department, is required. The fire district shall be notified when such temporary sheltering use is requested. (Ord. 2019-21 § 10)

17.80.170 Mobile food units and mobile food unit pods.

A. Definitions.

“Mobile food pod” is more than one singular mobile food unit located on the same lot or parcel.

“Mobile food unit” is a wheeled mobile unit that meets state, county, and Department of Motor Vehicles requirements for licensing, registration, and operation as a unit utilized to provide commercial food preparation and serving to the general public. Food may be prepared or processed on the unit, and said prepared or processed food is sold and dispensed to the ultimate consumer from the unit.

B. Standards. Mobile food units are subject to the following standards:

1. Except for approved parks concessions pursuant to LCMC 12.16.045, mobile food units must be located on private property. A written agreement with the property owner, wherein the property owner grants permission to locate a mobile food unit on the site, shall be submitted with the land use application.

2. Mobile food units must be fully contained, and equipment must be integral to the unit. External generators are prohibited.

3. Mobile food units are exempt from the LCMC 5.04.030 requirement to operate from an enclosed building.

4. The proposed location of mobile food units shall not interfere with pedestrian or vehicular traffic, use of required parking or other required features on the site. At least one access path to and from the unit and the public access way shall comply with ADA access requirements.

5. Mobile food units must meet state requirements for restroom and hand-washing facilities. Evidence of how the mobile food unit is meeting restroom and hand-washing facility requirements, in the form of the issued and valid license from the Environmental Health Department, shall be included with the land use application.

6. Special Setbacks.

a. Mobile food units must maintain 10 feet of clearance from any property line.

b. Mobile food units must maintain three feet of clearance around all exit paths from the occupiable unit.

7. Parking and Vehicle Circulation. A mobile food unit must not block any designated travel or fire lane(s), pedestrian access, clear vision clearance areas as required in LCMC 17.52.060, and shall not occupy any parking space or required feature that is required for a use on the same site.

8. No Drive-Through. No mobile food unit may provide or serve customers as a drive-through facility.

9. Fire. All fire requirements must be met as evidenced by the mobile food unit passing an inspection by the fire marshal.

10. Signs wholly applied to the surface of the mobile food unit are exempt from a sign permit and not regulated on the total area; all additional signage must conform to the standards outlined in Chapters 9.34 and 17.72 LCMC (Sign Regulations).

11. State, County, City Requirements. Applicants must obtain any required state, county, and city licenses and permits including food handling, Serve Safe, and annual city mobile food unit license pursuant to Chapter 5.30 LCMC.

C. Pod Standards. Mobile food unit pods are subject to all applicable standards for mobile food units set forth in subsection (B) of this section, plus the following additional standards:

1. Mobile food pods may provide a shared dining area for customers. If so provided, such area must be provided on hard surfaces like asphalt or concrete and be ADA-accessible with at least one ADA-accessible path from the mobile food units to the ADA-accessible dining area.

D. Application Requirements. Land use approval must be obtained prior to applying for the city mobile food unit license. The land use application submittal shall include the following:

1. Completed application form provided by the department, which includes the applicant’s name, mailing address, phone number and signature, as well as the names, addresses, phone numbers, and signatures of all property owners of the subject site;

2. Applicable fee for the land use application;

3. Site plan containing at least the following:

a. North arrow, scale, and date of drawing;

b. Property boundaries and dimensions;

c. Location of existing structures;

d. Proposed location of mobile food unit with distances from all property lines and all structures;

e. Parking lot layout, drive aisles, access, and pedestrian and vehicular circulation pattern with dimensions;

4. Explanations and/or pictures or other evidence of how all fire and life safety, state, and county requirements are being met;

5. Explanations and/or pictures or other evidence of how the site will remain free of trash, litter, and food waste. (Ord. 2020-05 § 9)

17.80.180 Wireless communications facilities.7

A. Review Authority Action. In addition to the findings required by LCMC 17.77.060, in order to grant approval, or approval with conditions, of a conditional use permit for a wireless communications facility, the planning commission must find, based upon evidence provided by the applicant, that:

1. Purpose. The purpose of this section is to protect the health, safety, and general welfare of the community while accommodating the communication needs of residents and businesses through facilitating the provision of wireless telecommunications services to the residents and businesses of the city, minimizing adverse visual effects of towers through careful design and siting standards, avoiding potential damage to adjacent properties from tower failure through structural standards and setback requirements, providing mechanisms for the mitigation of tower proliferation through tower sharing requirements for all new tower applicants and those existing towers that are physically capable of sharing.

2. Siting Preferences. Wireless communications facilities shall be sited in accordance with the following priorities, in order of their preference:

a. Co-location by placement of antennas or other transmission and reception devices on an existing tower, building, or other structure, such as a utility pole, water tank, or similar structure.

b. Use of mini-cell or other similar alternate technology whereby transmission and reception devices are placed on existing structures or placed on new structures that are consistent in height with and situated similarly to types normally found in the surrounding area, such as telephone, electrical, or light poles.

c. Siting of a new tower in a visually subordinate manner. In this context, “visually subordinate” refers to the relative visibility of a wireless communications facility where that facility does not noticeably contrast with the surrounding landscape. Visually subordinate facilities may be partially visible, but not visually dominant in relation to their surroundings.

d. Siting of a new tower in a visually dominant location, but employing concealment technology. In this context, “concealment technology” means technology through which a wireless communications facility is designed to resemble an object present in the natural environment or to resemble a building of a type typically and customarily found in the area.

e. Siting of a new tower in a visually dominant location, not employing concealment technology.

3. Standards. All commercial wireless communications facilities shall comply with the following requirements:

a. The maximum height shall be 80 feet.

b. Commercial wireless telecommunications service towers shall be of a monopole design unless the planning commission determines that an alternative design would better blend in to the surrounding environment.

c. The proposed facilities must not exceed or cause other facilities to exceed federal radio frequency emission standards or American National Standards Institute standards, whichever are stricter.

d. The proposed facilities must meet manufacturer’s specifications and plans must be certified by an engineer licensed in the state of Oregon.

e. The proposed facilities must meet the requirements of the Uniform Building Code and/or the Oregon Structural Specialty Code, including but not limited to the requirements relating to seismic and wind loads, and must be engineered so that, in the event they fall, the proposed facilities will collapse only within the property lines of the lot on which they are located.

f. The proposed facilities must meet the standards contained in the American National Standards Institute “Structural Standards for Steel Antenna Tower and Steel Supporting Structures” (ANSI EIA/TIA 222 E-1996).

g. All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects and complements the architectural character of the surrounding neighborhood.

h. Wireless communications facilities shall not be illuminated by artificial means and shall not display any lighting other than such lighting as is specifically required by the Federal Aviation Administration or the Oregon Department of Aviation. Flashing strobe lighting is not allowed. If flashing strobe lighting otherwise would be required by the Federal Aviation Administration or the Oregon Department of Aviation, the tower height must be reduced to a level at which flashing strobe lighting is not required.

i. Any lighting placed on a wireless communications facility pursuant to a requirement of the Federal Aviation Administration (FAA) or the Oregon Department of Aviation (ODA) may not exceed the minimum required. Prior to the issuance of a building permit, the applicant must submit documentation from the appropriate agency (i.e., the FAA or the ODA) that the lighting is the minimum required. Any required aviation lighting must be shielded to the maximum extent allowed by the Federal Aviation Administration or the Oregon Department of Aviation.

j. A commercial wireless communications facility shall be designed, structurally, electrically, and in all other respects, to accommodate antennas for at least three users, and must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

k. A finish (paint/surface) must be provided for the wireless communications facility that reduces the visibility of the facility, including the antenna arrays. In most circumstances this condition may be satisfied by painting the tower and antenna arrays with flat light haze gray paint. If the tower is unpainted it must be of a single color throughout its height. The owner must maintain the finish, painted or unpainted, so that no discoloration is allowed to occur.

l. Red and white or orange and white tower finish is not allowed. If red and white or orange and white tower finish would be required by the Federal Aviation Administration or the Oregon Department of Aviation, the tower height must be reduced to a level at which a red and white or orange and white tower finish is not required.

m. The use of any portion of a wireless communications facility for signs other than warning or equipment information signs is prohibited.

n. Wireless communications facilities, including any modifications to them, must not cause any interference with normal radio and television reception in the surrounding area nor with any public safety agency or organization (including but not limited to police, fire, ambulance, and Coast Guard) radio transmissions. The owner shall bear the costs of immediately eliminating any such interference should any occur, or must immediately shut down the antennas or other equipment or parts of the facility causing the interference.

o. The owner of the wireless communications facility may not deny a wireless provider the ability to co-locate on its wireless communications facility at a fair market rate or at another cost basis agreed to by the affected parties.

p. The wireless communications facility must be removed from the site if no facility on the tower has been in use for more than six months.

4. Application. In addition to the information required elsewhere in this section, development applications for wireless communications facilities shall include the following supplemental information:

a. A report from a qualified and licensed professional engineer which:

i. Describes the tower height and design, including a cross-section and elevation;

ii. Documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas;

iii. Describes the tower’s structural capacity to carry the antennas of at least three wireless carriers, including the number and type of antennas that it can accommodate;

iv. Documents what steps the applicant will take to avoid interference with normal radio and television reception in the surrounding area and with any public safety agency or organization (including but not limited to police, fire, ambulance, and Coast Guard) radio transmissions and telecommunications;

v. Includes an engineer’s stamp and registration number;

vi. Documents that the proposed facilities will not exceed or cause other facilities to exceed federal radio frequency emission standards or American National Standards Institute standards, whichever are stricter;

vii. Includes elevations showing all facades, indicating exterior materials and color of the tower(s) on the proposed site; and

viii. Includes other information necessary to evaluate the request.

b. For all commercial wireless telecommunications service towers, a letter of intent committing the tower owner and the owner’s successors to allow the shared use of the tower, if an additional user agrees in writing to meet reasonable terms and conditions for shared use.

c. Applicants proposing the siting of wireless communications facilities through means other than co-location shall demonstrate why higher priority alternatives for providing the specific, proposed wireless service are not feasible. In this context, “not feasible” means that the proposed wireless communication service cannot be provided in a reasonable, practicable, and cost effective manner. Factors that may render an alternative not feasible may include:

i. Existing buildings or towers are structurally inadequate to accommodate the proposed facility, and cannot reasonably be retrofitted;

ii. The alternative would cause radio frequency interference that would materially impair the functioning of existing or planned equipment at the tower or site, and such interference cannot reasonably be mitigated;

iii. The alternative cannot provide the radio frequency coverage required to provide the proposed service;

iv. The alternative is precluded by law, rule, regulation, contract, or other legal authority.

d. At least two photo-simulations of the proposed tower, from different points of view and distances from the proposed tower.

e. Before the issuance of a building permit, the following supplemental information shall be submitted:

i. A copy of the FAA’s response to the submitted “Notice of Proposed Construction or Alteration” (FAA Form 7460-1);

ii. Proof of compliance with applicable Federal Communications Commission regulations;

iii. A report from a qualified and licensed professional engineer which demonstrates the tower’s compliance with the Uniform Building Code and/or the Oregon Structural Specialty Code, including but not limited to the requirements relating to seismic and wind loads, and that in the event it falls the tower will collapse only within the property lines of the lot on which it is located; and

iv. A report from a qualified and licensed professional engineer which demonstrates that the tower meets the standards contained in the American National Standards Institute “Structural Standards for Steel Antenna Tower and Steel Supporting Structures” (ANSI EIA/TIA 222 E-1996).

5. Notice. When mailed notice of a public hearing or an administrative action relating to a wireless communications facility is required by LCMC 17.76.050, such notice shall be sent to the applicant and to owners of record of property on the most recent property tax assessment roll where such property is located within 250 feet from the exterior boundary of the subject property.

6. Administrative Approval of Co-Location Application. If an applicant wishes to co-locate by placing antennas or other transmission and reception devices on an existing tower, building, or other structure, the director may approve the co-location application, or approve it with conditions.

7. Planning Commission Action. In addition to the findings required by LCMC 17.77.060(D), in order to grant approval, or approval with conditions, of a conditional use permit for a wireless communications facility, the planning commission must find, based upon evidence provided by the applicant, that:

a. For applications proposing the siting of wireless communications facilities through means other than co-location, that higher priority alternatives for providing the specific, proposed wireless service are not feasible.

b. The proposed facility/tower will not unreasonably interfere with the view from any public park, natural scenic vista, historic building or district, or significant aesthetic resource.

c. The height and mass of the facility/tower does not exceed that which is essential for its intended use and public safety.

d. The owner of the wireless communications facility has agreed to permit other persons/providers to attach antennas or other communications apparatus that do not interfere with the primary purpose of the facility.

e. The proposed facility/tower is not to be constructed in such a manner as to result in needless height or mass.

f. The finish of the proposed facility/tower will be of a tone or color that minimizes the tower’s visual impact. (Ord. 2020-15 § 15; Ord. 2020-10 § 11; Ord. 95-15 § 14; Ord. 94-19 § 1; Ord. 91-4 § 6; Ord. 84-2 § 4.320. Formerly 17.52.270)


1

Editor’s note: Ordinance 2009-11 §§ 2, 3 provide:

    The provisions of Ordinance Nos. 2007-11 and 2008-07 as readopted in Section 1 will continue to apply to all vacation rental dwelling permits issued under those ordinances as of June 21, 2009, until such time as the permits expire under their terms or on the latest possible renewal date, or expire by operation of law under Ordinance Nos. 2007-11 and 2008-07, whichever comes first.

    A vacation rental permit due to expire December 31, 2009, will be subject to renewal only as a license under the provisions of Ordinance Nos. 2009-02 and 2009-03.


2

This section was added by Ord. 2009-05 as LCMC 17.80.070. It was editorially renumbered to avoid duplication.


3

This section was added by Ord. 2009-06 as LCMC 17.80.080. It was editorially renumbered to avoid duplication.


4

This section was added by Ord. 2009-06 as LCMC 17.80.090. It was editorially renumbered to avoid duplication.


5

Code reviser’s note: Ord. 2014-29 adds these provisions as Section 17.80.120. The section has been renumbered to avoid duplication of numbering.


6

Code reviser’s note: Ord. 2019-02 adds these provisions as Section 17.80.140. The section has been editorially renumbered to avoid duplication of numbering.


7

This section was recodified by Ord. 2020-15 as LCMC 17.80.170. It has been editorially renumbered to avoid duplication.