Municipal Code Title 16 - Development Code

16.04.010 Title.
The code provisions of this title revise and replace the existing provisions of the city of Waldport development code and shall be referred to as the Waldport Development Code.

16.04.020 Purpose.
The purpose of the code is to promote the public health, safety and general welfare and to assist in the implementation of the comprehensive plan for the city of Waldport.

16.04.030            Definitions.
            As used in this code the following words and phrases shall mean:
            "Access" means the way or means by which pedestrians and/or vehicles enter and leave property.
            "Accessory structure or use" means a structure or use incidental and subordinate to the main use of a property and located on the same lot as the main use.
            "Airport" means a tract of land or water that is maintained for the landing and take-off of aircraft and for receiving and discharging passengers and cargo and the repair, storage and supplying of aircraft.
            "Alley" means a public way, providing a secondary means of access to property.
            "Alter" means to change any of the supporting members of a building or structure, such as: bearing walls, columns, beams or girders.
            "Aquaculture" means the raising, feeding, planting and harvesting of fish, shellfish or marine plants, including facilities necessary to engage in the use.
            "Automobile" means:
            1.            "Repair garage" means a use providing for the major repair and maintenance of motor vehicles and includes major mechanical and body work, straightening of body parts, painting, welding or storage of motor vehicles not in operating condition.
            2.            "Service station" means any premise used for supplying gasoline, oil, accessories and services, and auto repair work; excluding body and fender repair except on an emergency basis, at retail direct to the customer and where inoperative car storage is limited to thirty (30) days.
            3.            "Wrecking yard" means any property where two or more vehicles not in running condition, or the parts thereof, are stored in the open and are not being restored to operation; or any land, building or structure used for the wrecking or storing of such motor vehicles or the parts thereof.
            "Auto detail shop" includes the following uses: (1) Shampooing and cleaning of carpet and seats, (2) complete interior cleaning, (3) cleaning and vacuuming trunks, (4) cleaning and treatment of vinyl and rubber surfaces, (5) machine buffing and waxing of exterior and chrome, (6) hand washing exterior, (7) cleaning and polishing tires and wheels, (8) engine and compartment cleaning (steam cleaning machines must be approved by the Public Works Director for inspection of sludge removal), and (9) decal and paint striping.
            "Base flood (one hundred (100) year flood)" means a flood having a one percent chance of being equaled or exceeded in any given year.
            "Basement" means a portion of a building which has less than one‑half of its height measured from finished floor to finished ceiling above the average grade of the adjoining ground, and not deemed a story unless the ceiling is six (6) feet or more above the grade.
            "Bed and breakfast inns" means an owner-occupied or resident operated single-family dwelling, in a portion of which lodging and breakfast are provided for compensation in accordance with all conditional use provisions for bed and breakfast inns.
            "Blocks" means that property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets and railroad right-of-way, unsubdivided acreage, watercourse or body of water.
            "Boarding house" means a building or portion thereof containing a single dwelling unit where a group of five (5) or less unrelated persons may live, where meals or lodging or both are provided for profit.
            "Breakaway walls" means walls which are not part of the structural support of the building and which are designed to break away under flood conditions without damage to the structural integrity of the building or any building to which they might be carried by flood waters.
            "Buildable area" includes property not subject to wetland and riparian zone restrictions contained in this title; or required to prevent erosion from progressive deterioration of the property.
            "Building" means a structure built or assembled for the support, shelter, or enclosure of persons, animals or personal property.
            "Building height" means the vertical distance from grade (see definition of "grade level") to the highest point of the roof, measured on each side of the building, and averaged together.
            "Carport" means a structure used to shelter a vehicle, having no enclosed uses overhead, and which is entirely open on two or more sides.
            "Chief Administrative Officer (CAO)" means the City Manager, City Administrator or other Chief Executive Officer as designated by the City Council, or his or her designee (e.g. City Planner).
            "Church/place of worship" means a building, together with its accessory building or uses, where persons regularly assemble for worship; and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship, and meets tax exemption status as prescribed in Chapter 307 of the Oregon Revised Statutes.
            "City planner" means the Waldport City Planner or other designated representative appointed by the Chief Administrative Officer or the City Council.
            "Clear vision area" means a triangular area at an intersection; the space being defined by a line across the corner of a lot, the ends of which are on the street lines or alley lines, an equal and specified distance from the corner.
            "Clinic" means a building utilized by persons licensed in the State of Oregon to treat or analyze medical or surgical needs of humans on an out-patient basis.
            "Coastal high hazard flood zone" means areas subject to high velocity ocean waters, including but not limited to storm surge or tsunamis. Coastal flood zones are identified on the FIRM maps as "V" zones.
            "Commission" means the Waldport Planning Commission.
            "Common Property" means a parcel of land, together with any improvements that are to be used, maintained and enjoyed by the owners and occupants of the individual building units or sites in subdivisions with common open space, planned developments or planned unit subdivisions.
            "Community Center" means a facility owned and operated by a governmental agency or a non-profit community organization, provided that the primary purpose of the facility is for recreation, social welfare, community improvement, or public assembly, and further provided that no permanent commercial eating or drinking facilities shall be operated.
            "Comprehensive plan" means the adopted comprehensive plan for Waldport as defined in ORS 197.015(4).
            "Conditional Use" means those uses as may be permitted after review and approval by the Planning Commission.
            "Condominium" means a system of ownership under which one may own an individual unit in an apartment or other building complex and share in the ownership of common elements such as the land; also refers to the buildings that are owned under such a system.
            "Convalescent Home" see "Nursing Home". "Council" means the City Council of Waldport.
            "Day care facility" means a facility accommodating fewer than 13 children for the purposes of day care in the provider's home, or meeting the definition and standards as contained in ORS 418. The provider's children are included for the purposes of this definition.
            Deck, Enclosed. "Enclosed deck" means a covered attached or unattached structure accessory to the main use of the property, having no components necessary to the structural support of the main use.
            Deck, Unenclosed. "Unenclosed deck" means a non‑covered attached or unattached structure accessory to the main use of the property, having no components necessary to the structural support of the main use.
            "Density" means the number of dwelling units within a specified land area.
            "Development" means any man‑made change or improvement involving buildings, structures, mining, dredging, filling, grading, paving, excavation, drilling, partitioning or subdividing.
            "Dwelling" means any building which contains one or two "dwelling units" used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or which are occupied for living purposes.
            Dwelling, Multi-Family. "Multi-family dwelling" means a building consisting of three (3) or more dwelling units, with a common roof and common foundation, designed and used exclusively for the occupancy of three or more families.
            Dwelling, Single-Family. "Single-family dwelling" means a detached dwelling designed or used exclusively for the occupancy of one family and having housekeeping facilities for one family.
            Dwelling, Two-Family (Duplex). "Two-family dwelling (duplex)" means a building consisting of two separate dwelling units with a common roof and common foundation, designed and used exclusively for the occupancy of two families living independently of each other, and having housekeeping facilities for each family.
            "Dwelling unit" means a single unit providing complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
            "Easement" a non-profitable interest in land owned by another that entitles its holder to a specified limited use or enjoyment.
            "Factory built dwelling" means a dwelling unit built substantially or entirely at a place other than the residential site, including prefabricated or modular homes, inspected and certified as having been constructed in accordance with the requirements of the Uniform Building Code and city regulations, but excluding mobile homes.
            "Family" means an individual, or two or more persons related by blood, marriage, adoption or legal guardianship, living together, with not more than three additional persons.
            "Family day care provider" means a day care provider who regularly provides day care in the provider's home in the family living quarters, except schools.
            "Fence" means an unroofed barrier or an unroofed enclosing structure such as masonry, ornamental iron, woven wire, wood pickets of solid wood or any other material used as an unroofed barrier to light, sight, air or passage.
            Fence, Sight-Obscuring. "Sight-obscuring fence" consists of either a continuous fence, wall, evergreen planting, or combination thereof, constructed and/or planted so as to effectively screen the particular use from view.
            "F.I.R.M." means flood insurance rate maps adopted by the City that delineate both the area of "special flood hazard" and risk premium zones.
            "Flag lot" means a lot, the major portion of which has access to a road or street by means of a narrow strip of land called the "staff". The staff shall have a minimum width and frontage of not less than 25 feet. The staff portion of a flag lot shall not be used in computing lot size for zoning and building purposes.
            "Flood/Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:
            1.            The overflow of inland or tidal waters; and/or
            2.            The unusual and rapid accumulation of runoff or surface waters from any source.
            "Flood hazard area" means areas of one hundred (100) year flood but not subject to high velocity ocean waters; base flood hazards have been determined. (See coastal high hazard flood zone and shallow flooding definitions for comparison).
            "Floodplain" means the area shown on zoning maps for the City as being subject to inundation by delineation of a base flood as determined by the U.S. Army Corps of Engineers or other means; or in absence of such delineation, subject to inundation by the highest flood of record in the area as determined by the City.
            "Floodplain cross section" means a profile of the ground surface perpendicular to the center line of a stream or tidal estuary.
            "Floodplain development" means any man-made change or improvement involving buildings, structures, mining, dredging, filling, grading, paving, excavation or drilling that alters in any way the floodplain.
            "Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood.
            "Garage" means a building or place to shelter motor vehicles.
            "Grade level" means the finished ground elevation adjacent to the wall of a building. For the purposes of measuring building height, grade level shall be defined as the average height of grade along a given side of a building.
            "Habitable floor" means any floor usable for working, sleeping, eating, cooking, recreation or other living purpose.
            Height of building. See "building height" definition in this section.
            "High water line or mark" means the high water elevation as shown on the County Assessor's records, or as determined by the County Surveyor, based upon the line where normal high water elevation results in a pronounced change in vegetation characteristics.
            "Home occupation" means an occupation carried on within a dwelling or an accessory structure by a resident of the dwelling, where such occupation is secondary to the main use of the property as a residence and subject to the provisions of this Code.
            "Homeowner's Association" means an incorporated, non-profit organization operating under recorded land agreement through which (1) each lot owner in a Planned Unit Subdivision or other described land area is automatically a member, and (2) each lot is automatically subject to charge for a proportionate share of the expenses for the organization's activities such as maintaining a common property.
            "Hospital" means an establishment which provides sleeping and eating facilities to persons receiving medical, obstetrical or surgical care with nursing service on a continuous basis.
            "Hotel" means a building or portion thereof other than a single family dwelling of more than five (5) sleeping rooms designed or used for occupancy of individuals who are lodged with or without meals, and in which no provision is made for cooking in any individual room or suite.
            "Junk yard" means any property utilized for breaking up, dismantling, sorting, storing, distributing, buying, or selling of any scrap waste material, junk or used equipment or machinery of any nature.
            "Kennel" means a lot or building which provides for the keeping of four or more dogs, cats or animals at least four months of age, where such animals are kept commercially for board, propagation, training or sale.
            "Landscaping" means a compatible combination of natural and/or introduced vegetation and materials which provide visual enhancement to a development.
            "Landscaping plan" means a schematic or plot plan which indicates:
            1.            Areas of landscaping, including percent of lot area;
            2.            Type(s) of vegetation and/or materials;
            3.            Maintenance type and schedule, i.e. irrigation method.
            "Livestock" means domestic animals and fowl or types customarily raised or kept on farms for profit or other purposes. This definition does not include household pets such as dogs or cats.
            "Loading Space" means an off-street space or berth on the same lot or parcel with a building or use, or contiguous to a group of building or uses, for the temporary parking of a vehicle while loading or unloading persons, merchandise or materials, and which space or berth abuts on a street, alley or other appropriate means of access.
            "Lot" means a parcel or tract of land which is occupied or may be occupied by a structure or a use, together with yards and other open space and meets the definition of "lot of record".
            "Lot area" means the total horizontal area within the lot lines of a lot, exclusive of streets or easements of access to other property. The staff portion of a flag lot shall not be used in computing the size or area of the lot for zoning or building purposes.
            Lot, Corner. "Corner Lot" means a lot abutting on two or more streets other than an alley, at their intersection. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.
            "Lot coverage" means the percentage of lot total area covered by buildings of more than one hundred twenty (120) square feet.
            "Lot Depth" means the average horizontal distance between the front lot line and the rear line.
            Lot Frontage. The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to a street other than an alley shall be considered frontage, and yards shall be provided as indicated in this section.
            Lot, Interior. "Interior lot" means a lot other than a corner lot with only one frontage on a street.
            "Lot Line" means the property line bounding a lot.
            Lot Line, Front. "Front lot line" means the property line separating the lot from the street, other than an alley. In the case of a corner lot, the shortest property line along a street, other than an alley; or, in a case where the lot does not front directly upon a public street, that lot line toward which most houses in the immediate area face.
            Lot Line, Rear. "Rear lot line" means the lot line or lines opposite and most distant from the front lot line. In the case of an irregular, triangular or other shaped lot, a line ten (10) feet in length within the lot parallel to and at a maximum distance from the front lot line.
            Lot Line, Side. "Side lot line" means any lot line or lines not a front or rear lot line. An interior side lot line is a lot line common to more than one lot or to the lot and an alley; an exterior side lot line is a lot line common to the lot and a street other than an alley.
            "Lot of Record" means any unit of land created as follows:
            1.            A lot in a platted subdivision;
            2.            A lot created by partitioning;
            3.            A unit of land described by a conveyed deed or land sales contract established prior to requirements for partitions.
            Lot of Record, Non-Conforming. "Non-conforming lot of record" means a parcel of land which lawfully existed as a lot in compliance with all applicable ordinances and laws at the time of creation, but which, because of the application of a subsequent zoning ordinance, no longer conforms to the lot dimension requirement for the zoning district in which it is located.
            Lot, Through. "Through lot" means an interior lot abutting on streets, other than an alley, on both of the opposite, exterior lot lines.
            "Lot Width" means the average horizontal distance between the side lot lines, ordinarily measured parallel to the front lot line.
            "Lowest Floor" for floodplain management purposes, means the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided such enclosure is not built so as to render the structure in violation of the applicable non‑elevation design requirements of this title.
            "Manager/caretaker residence" means a residence, secondary to the main use of the property, for the sole purpose of providing living quarters for the owner, operator or caretaker of a new or ongoing commercial or industrial enterprise.
            Manufactured Home. For construction classification purposes, "manufactured home" means a structure with a Department of Housing and Urban Development (HUD) label certifying that the structure is constructed in accordance with National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sections 5401 et seq.), as amended on August 22, 1981.
            "Manufactured home park or subdivision" for floodplain management purposes, means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
            "Marina" means a commercial boat launch, moorage or similar facility which may include dry or wet boat storage, boat houses and related commercial activities.
            MHHW. The "mean higher high water (MHHW) line" is established at 7.7' of elevation within Alsea Bay. (Hatfield Marine Science Center, NOAA Tide Table for the west coast).
            "Mean sea level (M.S.L.)" means the average height of the surface of the sea for all stages of the tide.
            "Mine (quarry)" means premises from which any rock, sand, gravel, stone, topsoil, clay, mud, peat, or other mineral is removed or excavated as an industrial or commercial operation, and exclusive of excavating and grading for streets and roads and process of grading a lot preparatory to the construction of a building for which a permit has been issued by a public agency.
            "Mobile Home" means a detached single-family dwelling unit designed to be towed to a placement site on its own wheels and meeting the current definition requirements of ORS 446.003 (17); or
            1.            Residential trailers constructed before January 1, 1962;
            2.            Mobile houses constructed between January 1, 1962 and June 15, 1976 which met Oregon construction requirements then in effect;
            3.            Manufactured homes constructed to federal standards:
            a.            "Single-wide" means a mobile home constructed and transported as a single frame unit. A single-wide may have extensions or tilt-out areas, but remains a single frame unit after set up.
            b.            "Multi-wide" means a mobile home constructed and transported as two or more frame units which are structurally connected on site to form one or more dwelling units.
            "Mobile home park" means any place where four or more mobile homes are located within five hundred 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent or lease space or mobile homes for a charge or fee paid of to be paid for the rental, lease or use of facilities or to offer space free in connection with securing the trade or patronage of such person.
            "Motel" means a building other than a single-family dwelling or series of buildings in which lodging only is offered for compensation and which may have more than two (2) sleeping rooms or units for this purpose. A motel is distinguished from a hotel primarily by providing direct independent access to and adjoining parking for each rental unit and where cooking facilities may be allowed in rooms.
            "New construction" means structures for which the start of construction commenced on or after the effective date of this title.
            "Non-conforming structure/use" means use of structure or land, or structure and land in combination which was lawfully established in compliance with all applicable ordinances and laws, but which because of the application of a subsequent zoning ordinance (1) no longer conforms to the setback, height, maximum lot coverage or other building development requirements of this title, or (2) is clearly designed and intended for uses other than any use permitted in the zoning district in which it is located.
            "Nursing home" means any home, place or institution which operates and maintains facilities providing convalescent or nursing care, or both, for a period exceeding twenty-four (24) hours for two or more ill or infirm patients not related to the nursing home administrator, or owner, by blood or marriage. Convalescent care may include, but need not be limited to, the procedures commonly employed in nursing and caring for the sick. A nursing home includes rest homes, convalescent homes, and assisted living facilities, but does not include a boarding home for the aged, a residential home, a residential facility, a retirement home, hotel, hospital or a licensed chiropractic facility.
            "Owner" means the owner of a record of real property as shown on the tax rolls of the County, or a person who is purchasing a parcel of property under contract.
            "Parcel" means a unit of land that is created by a partitioning of land.
            "Park" means an open or enclosed tract of land set apart and devoted for the purposes of pleasure, recreation, ornament, light and air for the general public.
            "Parking space" means an off-street enclosed or unenclosed surfaced area of not less than twenty (20) feet by nine (9) feet, exclusive of maneuvering and access area, permanently reserved for the temporary storage of one automobile, connected with a street or alley which affords access for automobiles.
            "Partition" means either an act of partitioning land or an area or tract of land partitioned as defined in O.R.S. Chapter 92.010 (see following definition).
            "Partition land" means to divide an area or tract of land into two or three parcels within a calendar year. "Partition Land" does not include any adjustment of a lot line by the relocation of a common boundary where an additional parcel is not created and where the existing parcel reduced in size by the adjustment is not reduced below the minimum lot size established by any applicable zoning ordinance. "Partition land" does not include a sale or grant by a person to a public agency or public body for state highway, county road, city street or other right of way purposes provided that such road or right of way complies with the applicable comprehensive plan and also does not include the sale of a lot in a recorded subdivision, even though the lot may have been acquired prior to the sale with other contiguous lots or property by a single owner.
            "Partition plat" includes a final map and other writing containing all the descriptions, locations, specifications, provisions and information concerning a partition.
            "Performance agreement" means a bond executed by a surety company licensed in the State of Oregon, or other security acceptable to the City, to insure completion of the conditions of partition approval.
            "Permitted outright" means allowed to be built or used without special permits or conditions.
            "Person" means a natural person, the heirs, executors, administrators, or assigns, or a firm, partnership, corporation, or limited liability company, its heirs, successors or assigns, or the agent of any of the aforesaid, or any political subdivisions, agency, board or bureau of the State.
            "Pier" means a fixed moorage facility constructed outward from the shoreline.
            "Planned development" means a development in which the applicable code restrictions, other than density requirements, may be modified and/or applied to the development as a whole rather than to each individual lot. A planned development involving the subdividing of property is a "planned unit development".
            "Planned unit subdivision" means a subdivision of land in which the individual building sites may be reduced in size but are compensated by area used in common for recreational or other open space purposes. Planned unit subdivisions involving dwelling or commercial units may incorporate detached, semi- detached, attached, single-story or multi-storied units or any combination of the afore-mentioned. Such projects may also involve religious, cultural, recreational and commercial uses and purposes.
            "Planning commission" means the planning commission of the City of Waldport.
            "Plat" means a final subdivision plat, replat or partition plat.
            "Principal use" means the intended and primary use of a structure or parcel of land.
            "Public utility" means any corporation, company, individual, association of individuals, or its lessees, trustees or receivers, that owns, operates, manages or controls all or any part of any plant or equipment for the conveyance of telegraph, telephone messages with or without wires, for the transportation as common carriers, or for the production, transmission, delivery or furnishing of heat, light, water or power, directly or indirectly to the public.
            "Public utility workshop" means a building used for the repair and/or maintenance of public utility vehicles, machinery or other equipment.
            "Recreation vehicle (R.V.)" means a temporary dwelling, for travel and recreation purposes, and licensed as a Motor Home, Camper or Travel Trailer.
            "Recreation vehicle park" means a development designed primarily for transient service in which travel trailers, pick‑up campers, tent trailers and self propelled motorized vehicles are parked and used for the purpose of supplying to the public a temporary location while traveling, vacationing or recreating.
            "Replat" includes a final map of the reconfiguration of lots and easements of a recorded subdivision or partition plat and other writings containing all the descriptions, location, specifications, dedications and provisions and information concerning a recorded subdivision.
            "Residential home" means a residence, except nursing homes, operated as a group home for mentally or physically handicapped persons which may require the assistance of on-site care givers.
            "Road (Street)" means a public or private way created to provide vehicular and pedestrian access to one or more lots, parcels, areas or tracts of land, excluding a private way that is created to provide access to such land in conjunction with its use for forestry, mining, or agricultural purposes.
            1.            "Arterial or major highway" means a street designed to carry traffic from one community to another, to carry traffic to and from major traffic generators and to carry through traffic.
            2.            "Collector or secondary street" means a street designed to carry traffic between minor streets and the arterial system, to function as primary traffic carriers within a neighborhood, to carry traffic to local traffic generators, and in commercial and industrial areas, to provide access to commercial and industrial properties.
            3.            "Cul-de-sac or dead end street" means a minor street with only one outlet which provides a vehicular turnaround.
            4.            "Minor street" means a street designed to provide access to abutting residential property with only incidental service to through traffic.
            5.            "Private road" means a road created by easement.
            6.            "Public road" means a road dedicated for public use.
            "School" means any institution for learning, whether public or private, meeting State of Oregon accreditation standards.
            "Setback" means the horizontal distance measured perpendicular from the lot line to the nearest point of any structure on the lot or parcel.
            "Shallow flooding" means areas where the base flood depth is between one to three feet, a clearly defined channel does not exist and the path of flooding is not determinable. Areas of shallow flooding are identified on the F.I.R.M. maps as zone "A-O".
            "Sign" means an identification, description, illustration, or device which is affixed to or represented, directly or indirectly, upon a building, structure or land, and which directs attention to a product, place, activity, person, institution or business. Each display surface of a sign other than two surfaces splayed less than 45% and back to back on the same structure other than a building shall be considered a sign.
            "Special flood hazards" means areas in the floodplain subject to a one percent (1%) or greater chance of flooding in any given year.
            "Start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on-site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
            "Step backwater analysis" means an engineering analysis developed by the Army Corps of Engineers to evaluate hydrostatic and hydrodynamic forces and titled HEC-2 "Water Surface Profiles, Generalized Computer Profile".
            "Story" means that portion of a building included between a floor and the ceiling next above it, exclusive of a basement.
            Street. (See definition for "road").
            "Structural alteration" means any change to the supporting members of a building including foundations, bearing walls, or partitions, columns, beams or girders, or any structural change in the roof or in the exterior walls.
            "Structure" means something constructed or built and having a fixed base on, or fixed connection to, the ground or another structure.
            "Structure (floodplain)" as used in the Floodplain Overlay Zone, means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a mobile home. "Structure" for insurance coverage purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a mobile home on a foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair unless such materials or supplies are within an enclosed building on the premise.
            "Subdivided land" means an area or tract of land divided into four or more lots within a calendar year when such an area or tract of land exists as a unit of contiguous units of land under a single ownership at the beginning of a year.
            "Subdivision" means an area or tract of land divided into four or more lots within a calendar year. A preliminary diagram, drawing, or other writing showing the general design of the proposed subdivision together with such additional information regarding the proposed division as may be required.
            "Subdivision plat" includes a final map and other writing containing all the descriptions, locations, specifications, dedications, provisions and information concerning a subdivision.
            "Substantial improvement" means any repair, reconstruction or improvement of a structure which exceeds fifty percent (50%) or more of the true cash value of the structure.
            "Tentative plan" means an approved diagram showing the design of a proposed partition or subdivision, together with any other writing and information that may be required.
            "Top of bank" for oceanfront/bayfront lost means the uppermost break in slope.
            "Town house" means a single-family dwelling unit constructed in a row of attached units, separated by property lines and with open space on at least two sides.
            "Unit of ownership" means an area or tract of land described by a deed or by metes and bounds as a single entity.
            "Use" means the purpose for which a structure is designed, arranged or intended; or for which land is maintained or occupied.
            "Water-dependent" means a use or activity which can be carried out only on, in or adjacent to water areas because the use requires access to the water body for water-borne transportation, recreation, energy production or source of water.
            "Water related" means uses which are not directly dependent upon access to a water body, but which provide goods or services that are directly associated with water-dependent land or waterway use, and which, if not located adjacent to water, would result in a public loss of quality in the goods or services offered. Except as necessary for water‑dependent or water-related uses or facilities, residences, parking lots, spoil and dump sites, roads and highways, restaurants, businesses, factories and trailer parks are not generally considered dependent on or related to water location needs.
            "Wetlands" means land where water is the dominant factor determining the nature of soil development and the types of plant and animal communities living in the soil and on its surface, but excluding an area of privately owned land that otherwise satisfies the definition of a wetland or wetlands created by human activity directly or indirectly as part of an approved development project subsequent to the original adoption of the City's Acknowledged Comprehensive Plan and Implementing Ordinances. The exclusion does not include areas developed directly or indirectly as part of an approved mitigation project under ORS 541, or areas which require a permit under Section 404 under the Federal Water Pollution Control Act.
            "Yard" means an open, unoccupied space other than a court on a lot which is unobstructed from the ground to the sky, except as otherwise provided in this code.
            1.            Court. A space open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls or a building.
            2.            Front. A yard between side lot lines and measured horizontally at right angles to the front line from the front lot line to the nearest point of a building. Any yard meeting this definition and abutting on a street other than an alley, shall be considered a front yard.
            3.            Rear. A yard between side lot lines and measured horizontally at right angles to the rear lot line from the rear lot line, or the mean high water line when applicable, to the nearest part of the main building.
            4.            Side. A yard between the front and rear yard measured horizontally and at right angles from the side lot line to the nearest point of the main building.
            5.            Street Side. A yard adjacent to a street between the front yard and the rear lot line measured horizontally and at right angles from the side lot line to the nearest point of a building.

16.04.040 Interpretation.
When the conditions imposed by any provision of this code are less restrictive than comparable conditions imposed by any other provisions of this code or of any other ordinance, resolution or regulation, the provisions which are more restrictive shall govern.

16.04.050 Limitation.
No application of a property owner for an amendment to the text of this code or to the zone map shall be considered by the Planning Commission within a one year (1) period immediately following a previous denial of such a request, except the Planning Commission may permit a new application, if in the opinion of the Planning Commission, new evidence or a change of circumstances warrant it.

16.04.060 Effects on other ordinances.
To the extent any provision of this title conflicts with other provisions of the Waldport Code, the provisions of this title shall govern.

16.08.010            Compliance with code provisions.
            A.            A lot may be used and a structure or part of a structure may be constructed, altered, occupied or used only as this code permits.
            B.            No lot area, yard, off‑street parking or loading area, or other open space existing on or after the effective date of this code shall be reduced below the minimum required for it.
            C.            No lot area, yard, off‑street parking or loading area, or other required open space for one use shall be used as the required lot area, yard, off-street parking or loading area, or other required open space for another use.

16.08.020            Classification of zones.
            For the purpose of this code, the following zones are hereby established in the city:
Map Designations and Abbreviations
   A.            Residential Zones:
            1.            Residential                                       R-1
            2.            Residential                                       R-2
            3.            Residential                                       R-3
            4.            Residential                                       R-4
    B.            Commercial Zones:
            1.            Downtown District                           D-D
            2.            Retail Commercial                          C-1
            3.            General Commercial                      C-2

    C.            Industrial Zones:
            1.            Planned Industrial                            I-P
    D.        Marine Zones:
            1.            Marine Waterway                            M-W
            2.            Planned Marine and
                           Recreation                                        M-P
    E.        Public Facility Zones:
            1.            Public Facilities                               P-F
    F.            Special Zones:
            1.            Single-Wide Mobile
                           Home Overlay                                S-W
            2.            Planned Development Overlay       P-D
            3.            Coastal Shorelands Overlay           C-S
            4.            Floodplain Overlay Zones:
                        a.            Flood Hazard Zones            A-1, A-2
                        b.            Shallow Flooding Zone        A-O
                        c.            Coastal High Hazard Zone V-2

16.08.030 Location of zones.
The boundaries for the zones listed above are appended hereto as an appendix to this code and marked as such with the area or areas of every zone, particularly described and, except for the Coastal Shorelands and Floodplain Overlay Zones, are also indicated on the map entitled "Waldport, Oregon Zoning". The Coastal Shorelands Overlay Zones are shown on the H.U.D. Flood Insurance Rate Maps (F.I.R.M.) for the City of Waldport. Official Maps are on file at City Hall in a book or place kept for that purpose and open to public inspection. Said maps are hereby incorporated into and made part of this code.

16.08.040 Zoning maps.
Maps of zones or amendments to location of zones adopted pursuant to Section 16.104.020 of this title shall be prepared by authority of the City of Waldport to the map amendment so prepared. The map or amendment shall be dated with the effective date of the ordinance that adopts the amendment.

16.08.050 Zoning boundaries.
Unless otherwise specified, zone boundaries (not including flood zones and overlay zones) are section line, subdivisions, lot lines, center-lines or road rights-of-way, or such lines extended or other similar lines.

16.08.060            Zone descriptions.
            A.            Residential R-1. Devoted to single-family dwellings from which are excluded business and multiple-dwelling structures but does allow certain public non-profit uses as conditional uses, as well as home occupations. This zone was established to promote public health and safety in numerous ways, including protection of living conditions, better light for homes, improvement of the atmosphere, prevention of accumulation of trash and play areas for children.
            B.            Residential R-2. Created to allow single-family dwelling, two family dwelling, and multi-wide mobile homes. Intended for residential use at a moderate density and to utilize existing subdivided lots with affordable housing. Allows conditional uses permitted in an R-1 zone, plus bed and breakfast facilities with standards provided by Section 16.84.070(L)(1-12) of this title.
            C.            Residential R-3. Intended for residential use as a high density residential district allowing some conditional uses with standards provided by Section 16.20.020 of this title.
            D.            Residential R-4. Created for residential use but permits mixed use development under conditional use procedures such as a hotel, motel or resort together with accessory commercial uses with standards provided by Section 16.24.020 of this title.
            E.            Downtown District (D-D). Created to support the goals of Commercial Zone C-1 through elements of design and appropriate mixed use development incorporating the following:
            1. Promotion of efficient use of land and urban services;
            2. Encouragement of land uses to provide more employment and housing options;
            3. Provision of increased opportunities for both formal and informal community gathering places;
            4. Enhancement of the storefront character of downtown Waldport;
            5. Establishment of a strong connection between the Downtown District and other neighborhoods and employment areas;
            6. Providing for visitor accommodations and tourism amenities;
            7. Creating design standards and guidelines that will maintain and enhance the character and pedestrian friendliness of Waldport.
            F.            Commercial C-1. Intended for certain commercial uses as well as residential uses. This zone is determined to be economically and socially desirable and intended for office, service, and retail uses primarily conducted inside the building.
            G.            Commercial C-2. Designed for a mixture of office, retail, service, wholesale storage areas, lumber sales plus residential uses. C-2 was created to promote the most productive capacity of property.
            H.            Planned Industrial I-P. Created for the expansion of industrial uses as well as allowing agricultural and forestry uses with standards to protect adjacent properties under conditional use procedures.
            I.            Marine Waterway M-W. Intended to protect the unique environmental economic and social values of each estuary and its associated wetland area and to provide for an orderly and efficient use of the marine waterway areas.
            J.            Planned Marine and Recreation Zone M-P. Marine type facilities are allowed to encourage recreational facilities and improve the Waldport area for business opportunities for economic development as well as to meet the recreational needs of citizens and visitors.
            K.            Public Facilities Zone P-F. Created to allow governmental uses, including public schools, and allowing them to expand as outright uses.
             L.            Single-Wide Mobile Home Overlay Zone S-W. The Single-Wide Mobile Home overlay zone is intended to allow placement of single‑wide mobile homes on individual lots in subdivisions which were platted prior to 1975, developed specifically to allow mobile homes, and where single‑wide homes comprise at least 20% of the current housing units.
            M.            Planned Development Zone P-D. A P-D zone may be used in combination with another zone.   The purpose of the Planned Development overlay zone is to permit the application of new technology and greater freedom than may be possible under a strict interpretation of the provisions of the code.
            N.            Coastal Shorelands Overlay Zone C-S. The purpose of the Coastal Shorelands Overlay Zone is to recognize the value of coastal shorelands for protection and maintenance of water quality, fish and wildlife habitat, water-dependent uses, economic resources, recreation and aesthetics.
            O.            Floodplain Overlay Zones A-1, A-2, A-O, V-2. It is the purpose of these zones to promote the public health, safety and general welfare and to minimize public and private losses from periodic flood conditions in specific areas.