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.

17.80.010 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 spaces shall be provided and improved in accordance with the requirements of Chapter 17.56 LCMC.

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

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

8. 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. 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.

This subsection shall remain in effect until December 31, 2018, unless prior to that date the city council takes action to allow this subsection to continue in effect.

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 17.76.040.

3. Appeal. The decision of the planning and community development director on an application for vacation rental dwelling use may be appealed as provided in LCMC 17.76.040(A). Appeal of the decision of the planning and community development director shall be in the form of an evidentiary hearing before the planning commission. The planning commission decision shall be final and is not subject to further appeal.

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

D. Violation – Penalties – Sanction.

1. Offering or making available a vacation rental dwelling for occupancy, use, or rent, with or without an exchange of value or other consideration, without first obtaining city approval of the use under this section, is a violation and enforceable as a Class 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. 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. (Ord. 95-15 § 17; Ord. 84-2 § 10.060)

17.80.070 Essential emergency communications and warning facilities.

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

B. Essential emergency communications and warning facilities are not required to comply with the requirements of LCMC 17.52.240. (Ord. 2005-14 § 13; Ord. 84-2 § 10.070)

17.80.080 Animals and gardens.2

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

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

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

b. In single-family zones:

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

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

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

2. Domestic Fowl. Up to five domestic fowl may be kept accessory to any principal use on any lot in addition to the small animals permitted in subsection (A)(1) of this section. For each 1,000 square feet of lot area in excess of the minimum lot area required for the zone or, if there is no minimum lot area, for each 1,000 square feet of lot area in excess of 5,000 square feet, one additional domestic fowl may be kept. 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 homeowners with a means of obtaining, through tenants in either the accessory dwelling unit or the principal unit, rental income, companionship, security, and services; ADUs add affordable units to the existing housing supply; ADUs make housing units available to moderate-income people who might otherwise have difficulty finding homes within Lincoln City; ADUs create housing units in single-family neighborhoods that are appropriate for people at a variety of stages in the life cycle; and ADUs protect neighborhood stability, property values, and the single-family 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 building that contains the primary dwelling unit, attached to a garage, or a separate, free-standing 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. Lot Size. An accessory dwelling unit may be developed on a lot or parcel with an area of 3,500 square feet or more. If the lot or parcel does not meet the minimum lot size for the zoning district in which the lot or parcel is located, the accessory dwelling unit must be a portion of the existing building (or lawful addition to) the principal dwelling unit. Notwithstanding the above, the ADU may be a separate structure if the lot is 5,000 square feet or larger, is legally nonconforming and provided all other zoning standards are met.

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

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

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

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

a. Roofs. Roofs of detached accessory dwelling units shall be similar to the main house, preferably not flat, and shall include high-quality architectural embellishments, such as dormers, gables, and eave trim.

b. Facades. A street-facing facade of the accessory dwelling unit shall include a high-quality exterior of materials that are durable and appropriate in a coastal environment, and windows similar in size, style, and orientation to the main house, including molding.

c. Color. The exterior color shall be of the same color family and intensity as the main house.

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

9. Owner-Occupied. Either the principal dwelling unit or the accessory dwelling unit shall be occupied by the property owner as the owner’s permanent and principal residence. The property owner shall prepare, execute, and record a covenant or deed restriction in favor of the city, in a form acceptable to the city, providing future property owners with notice of this restriction. The owner-occupied unit may not be rented to other parties.

10. Off-Street Parking. Each accessory dwelling unit must have one off-street parking space. This requirement is in addition to the off-street parking requirements that apply to the principal dwelling.

11. 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 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.

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

13. 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. 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 cottage housing development shall have sidewalks abutting all public streets. A system of interior walkways shall connect each cottage to the common open space, parking areas, any community buildings, and the sidewalks abutting any public streets bordering the cottage housing development. Sidewalks abutting public streets shall be at least six feet in width, and interior walkways shall be at least four 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 yard 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 stormwater on site and provide for water quality treatment before discharge. Such stormwater 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 yard 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 17.56.050.

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. 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 yard 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. 2018-15 § 1)


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.