Chapter 19.28
LIMITATIONS OF USES

Sections:

19.28.010    Limitations of uses.

19.28.020    Roof equipment.

19.28.030    Height limits – Exceptions.

19.28.040    Height limits – Roof structures.

19.28.050    Height limits – Flagpoles.

19.28.060    Conditional use permits for height limitation structures.

19.28.010 Limitations of uses.

Those permitted uses located in the several districts shall be subject to the following limitations:

(1) All sites in a commercially classified district or designated for commercial uses in the Oak Harbor comprehensive plan having a common boundary with a residentially classified property or property designated for residential uses in the Oak Harbor comprehensive plan shall erect and maintain a view-obscuring fence and/or screen buffer in conformance with Chapter 19.46 OHMC;

(2) All sites in an industrially classified district or designated for industrial uses in the Oak Harbor comprehensive plan having a common boundary with any residentially classified property or property designated for residential uses in the Oak Harbor comprehensive plan shall erect and maintain a view-obscuring fence and/or screen buffer in conformance with Chapter 19.46 OHMC;

(3) All permitted uses established after the effective date of the ordinance codified in this title or enlargements amounting to an increase of 20 percent in gross floor area of a use established prior to the effective date of the ordinance codified in this title shall provide off-street parking and loading areas for each use and enlargement in accordance with the provisions of Chapter 19.44 OHMC;

(4) Where lighted signs and illuminated areas are permitted, such illuminating devices shall be shaded and directed so as not to be visible from any residentially classified property or property designated for residential uses in the Oak Harbor comprehensive plan;

(5) Industrial uses shall be subject to the following conditions:

(a) In all industrial districts, the noise emanating from the premises used for industrial activities shall be muffled so as to not become objectionable due to intermittent beat, frequency or shrillness, and where an industrial district adjoins a residential district the noise loudness measured at the boundary line shall not exceed 40 decibels between the hours of 9:00 p.m. and 7:00 a.m. and 60 decibels at other hours;

(b) Industrial and exterior lighting shall not be used in such a manner that produces glare on public highways and neighboring property. Arc welding, acetylene torch cutting or similar processes shall be performed so as not to be seen from any point beyond the outside of the property;

(c) In terms of fire and safety hazards, the storage and handling of inflammable liquids, liquefied petroleum gases and explosives shall comply with rules and regulations falling under the jurisdiction of the city fire chief, the laws of the state and other local ordinances. Bulk storage of inflammable liquids below ground shall be permitted, and the tank shall be located not closer to the property line than the greatest dimension (diameter, length, or height) of the tank;

(d) Provisions must be made for necessary shielding or other preventive measures against the interferences occasioned by mechanical, electrical, and nuclear equipment, uses or processes with electrical apparatus in nearby buildings or land uses;

(e) Liquid and solid wastes, storage of animal or vegetable waste which attract insects or rodents or otherwise create a health hazard shall be prohibited. No waste products shall be exposed to view from eye level from any property line in an industrial district. (Ord. 1555 § 11, 2009).

19.28.020 Roof equipment.

All roof equipment used for heating, cooling or hood ventilation shall have a sight-obscuring screen in accordance with the Oak Harbor design guidelines. (Ord. 1555 § 11, 2009).

19.28.030 Height limits – Exceptions.

Buildings and structures shall not exceed the height limitations as specified for the use district in which they are located unless specifically excepted as set out in OHMC 19.28.040 and 19.28.050. Additional height, not to exceed 10 feet, may be used for multifamily and commercial uses permitted in the underlying zone for projects that are in accordance with low impact development (LID) through the implementation of the LID performance standards or on-site stormwater BMP lists. (Ord. 1784 § 56, 2016; Ord. 1555 § 11, 2009).

19.28.040 Height limits – Roof structures.

Roof structures for the housing of elevators, stairways, tanks, ventilating fans and similar equipment to operate and maintain buildings; fire and parapet walls; skylights; towers, chimneys, smokestacks, wireless masts, television antennas, steeples and similar structures may be erected above the height limits prescribed in this title so long as the following conditions are met:

(1) Such portion of building or structure above the prescribed height limit shall not be allowed or used for the purpose of providing additional floor space;

(2) Structures specified in this section may not extend more than 10 feet above the height limit of the district, whether it is attached or freestanding, unless approved as a conditional use by the hearing examiner;

(3) Freestanding structures exceeding the height limit must be more than 10 feet from the nearest property line or point thereon;

(4) No sign is affixed to the structures above the height limit for the district. (Ord. 1555 § 11, 2009).

19.28.050 Height limits – Flagpoles.

(1) There is no height limitation for flagpoles in commercial and industrial districts. Flagpoles must be placed at least 10 feet from the nearest lot line. Lighting of flagpoles is allowed in commercial and industrial districts subject to the following conditions:

(a) The flagpole is located at least 50 feet away from the nearest point of a residential district;

(b) Lighting shall be toward the flagpole, and not create safety hazards for aircraft and automobile traffic.

(2) In residential and residential/office districts, flagpoles shall not exceed 35 feet. Lighting shall be toward the flagpole and not create a nuisance to adjacent property owners.

(3) There is no height limitation for flagpoles permitted under conditional uses and in manufactured home parks. Flagpoles must be located at least 10 feet from a property line. Lighting of flagpoles is allowed subject to the following conditions:

(a) The flagpole is located at least 50 feet away from the nearest point of a residential district;

(b) Lighting shall be toward the flagpole, and not create safety hazards for aircraft and automobile traffic.

(4) Along with all other structures, building permits shall be required for flagpoles prior to construction. In addition, the planning director may require installation of flagpoles in excess of 50 feet to be designed and certified by a registered professional engineer. The city engineer may waive the 10-foot setback when the flagpole is designed so that the subsoil lateral support is essentially on the property where the flagpole is located. The standards of the building code, now in effect or as hereafter amended, shall apply to flagpoles. (Ord. 1555 § 11, 2009).

19.28.060 Conditional use permits for height limitation structures.

(1) Conditional use permits for buildings or structures enumerated in OHMC 19.28.040 and exceeding 10 feet above the height limitation of the district may be granted so long as the following conditions are met:

(a) It is reasonably necessary for the use of the property;

(b) It is located more than 30 feet from the nearest property line or point thereon;

(c) It can be demonstrated to be safe;

(d) It does not materially impair the view of surrounding properties;

(e) It does not materially increase fire or other safety risks for the property or surrounding area;

(f) It complies with OHMC 19.28.040(1), (3) and (4).

(2) The hearing examiner may require reasonable conditions to be met for granting a conditional use permit to exceed the height limitations, including but not limited to specifying the location, design, lighting, construction and use. (Ord. 1555 § 11, 2009).