Division I. Introductory Provisions
Chapter 18.05
INTRODUCTORY PROVISIONS
Sections:
18.05.040 Estuarine and coastal shoreland definitions.
18.05.010 Title.
This title shall be known as the Garibaldi zoning ordinance. [Ord. 290 § 3(1.010), 2006.]
18.05.020 Purpose.
The purpose of this title is: to encourage the orderly development of the city; to promote appropriate uses of land; to conserve and stabilize the value of property; to provide adequate light and air; to lessen congestion; to prevent undue concentration of population; to facilitate adequate provisions for community facilities such as water supply and sewerage; to protect and enhance the appearance of the city; and in general to promote the public health, safety, convenience, and general welfare. The city has prepared a comprehensive plan and zoning ordinance to encourage orderly growth and to promote the public health, safety convenience, and public welfare. [Ord. 290 § 3(1.020), 2006.]
18.05.030 Definitions.
As used in this title, the following words and phrases shall mean:
“Access.” Access to property is described as normal vehicular access, by which normal ingress and egress by automobiles or other vehicles and pedestrians may be obtained to private property from public or private rights-of-way.
“Accessory use and structure” means a use or structure incidental and subordinate to the main use of the property and located on the same lot as the main use.
“Aquaculture” means the propagation, planting, feeding, or growing and harvesting of fish, shellfish, plankton or aquatic plants.
“Bed and breakfast” means an owner-occupied dwelling where no more than four rooms are available for transient lodging and where a morning meal is provided.
“Bicycle facilities” means a general term denoting improvements and provisions made to accommodate or encourage bicycling, including parking facilities and all bikeways.
“Bikeway” means any road, path or way that is in some manner specifically open to bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are shared with other transportation modes. The five types of bikeways are:
1. “Multi-use path” means a paved way (typically 10 to 12 feet wide) that is physically separated from motorized vehicular traffic, typically shared with pedestrians, skaters, and other non-motorized users.
2. “Bike lane” means a portion of the roadway (typically four to six feet wide) that has been designated by permanent striping and pavement markings for the exclusive use of bicycles.
3. “Shoulder bikeway” means the paved shoulder of a roadway that is four feet or wider, typically shared with pedestrians in rural areas.
4. “Shared roadway” means a travel lane that is shared by bicyclists and motor vehicles.
5. “Multi-use trail” means an unpaved path that accommodates all-terrain bicycles; typically shared with pedestrians.
“Bridge crossing support structures” means piers, pilings, and similar structures necessary to support a bridge span, but not including fill for causeways or approaches.
“Bridge crossings” means the portion of a bridge spanning a waterway, not including support structures or fill located in the waterway or adjacent wetlands.
“Building” means a structure, other than a manufactured home, built for the support, shelter or enclosure of persons, animals, or property of any kind, and having a fixed base on or fixed connection to the ground.
“City” means the city of Garibaldi, Oregon.
“Commission” means the city planning commission.
“Council” means the city council.
“Daycare center” means a facility, other than the residence of the daycare provider, which receives three or more children for part of the 24 hours of the day for the purpose of providing care and board apart from the children’s parents or guardians.
“Dock” means a pier, piling, or secured floating platform for marine craft tie-up in association with one or more private residences.
“Dredge disposal” means the deposition of material obtained from dredging.
“Dwelling, duplex or two-family” means a detached building containing two dwelling units and designed for occupancy by two families.
“Dwelling, multifamily” means a building, or portion thereof, designed for occupancy by three or more families living independently of each other.
“Dwelling, single-family or one-family” means a detached building containing one dwelling unit and designed for occupancy by one family only.
“Dwelling unit” means one or more rooms in a building that are designed for occupancy by one family and that have cooking and sanitary facilities, but not including space in a structure or vehicle designed for camping or other temporary occupancy such as a hotel, motel, or recreational vehicle.
“Estuarine enhancement” means an action which results in a long-term improvement of existing estuarine functional characteristics and processes that is not the result of a creation or restoration action.
“Family” means an individual or two or more persons related by blood, marriage, legal adoption, guardianship, or one or more persons living together as one housekeeping unit, using one kitchen, and providing meals or lodging.
“Family daycare center” means a daycare facility where care is provided in the home of the provider, in the family living quarters, to fewer than 13 children including children of the provider, regardless of full- or part-time status.
“Fence” means a barrier consisting of wood, metal, vinyl, masonry or other engineered material placed or constructed for the purpose of obstructing movement or vision, or to enclose an open area.
“Fill” means the placement by man of sand, sediment, dredged material or other material which results in the replacement of an aquatic area with dry land, a change in the bottom elevation of a water body (in estuarine waters, intertidal areas or tidal wetlands) or an increase in the elevation of land (on shorelands). The placement of riprap is excluded from this category.
“Grade (ground level)” means the average elevation of the existing grade or ground at the centers of all walls of a building.
“Hedge” means a combination of nonannual plantings intended to form an obstruction to ingress or egress and/or vision, where such plantings provide, or are intended to provide, no physical space between individual plantings.
“Height of building” means the vertical distance from the grade to the highest point of the roof, excluding chimneys, aerials and similar extensions.
“Home occupation” means a lawful occupation carried on by a resident of a dwelling as an accessory use on the same property, in connection with which there is no person employed other than a person residing on the premises; and there is no activity conducted in such manner as to give an outward appearance of a business in the ordinary meaning of the term, or disruption of the neighborhood.
“Incidental alcohol service” means alcohol service when not more than 35 percent of food and beverage sales, measured over any relevant period of 30 days or more, are from sales of beverages containing alcohol.
“Kennel” means a lot or building in which four or more dogs, cats or at least four animals of four months of age or older are kept commercially for board, propagation, training or sale.
“Land use zone (district).” The term “district” is often interchanged with the term “zone” when referencing boundaries for the city’s various land use areas.
“Lot” means a parcel or tract of land.
“Lot area” means the total horizontal area within the lot lines of a lot, exclusive of public and private streets and easements of access to other property.
“Lot area coverage” means the maximum amount of the lot which can be covered with structures, including carports, porches and other attachments, but not parking areas, patios, decks or other surface-level improvements.
“Lot corner” means a lot abutting on two or more dedicated streets at their intersection.
“Lot depth” means the average horizontal distance between the front lot line and the rear lot line.
“Lot line” means the property line bounding a lot.
“Lot line, front” means the lot line separating the lot from the street, and in the case of a corner lot, the shortest lot line along a street.
“Lot line, rear” means the lot line which is opposite and most distant from the front lot line. In the case of an irregular, triangular, or other shaped lot, a line 10 feet in length within the lot parallel to and at a maximum distance from the front lot line.
“Lot line, side” means any lot line not a front or rear lot line.
“Lot width” means the average horizontal distance between the side lot lines, ordinarily measured parallel to the front lot line.
“Manufactured dwelling” means:
1. A residential trailer, a structure constructed for movement on the public highways, that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, is being used for residential purposes and was constructed before January 1, 1962.
2. A mobile house, a structure constructed for movement on the public highways, that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, is being used for residential purposes and was constructed between January 1, 1962, and June 15, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction.
3. A manufactured home, a structure constructed for movement on the public highways, that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, is being used for residential purposes and was constructed in accordance with federal manufactured housing construction and safety standards regulations in effect at the time of construction. “Manufactured dwelling” does not mean any building or structure subject to the Structural Specialty Code adopted pursuant to ORS 455.100 through 455.450.
“Manufactured dwelling park” means any place where four or more manufactured dwellings are located within 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 space or keep space for rent to any person for a charge or fee paid or to be paid for the rental or use of facilities or to offer space free in connection with securing the trade or patronage of such person. “Manufactured dwelling park” does not include a lot or lots located within a subdivision being rented or leased for occupancy by no more than one manufactured home per lot if the subdivision was approved by the city of Garibaldi.
“Marina” means publicly or privately owned commercial facilities that provide berthing, launching, storage, supplies, and a variety of services of recreational, commercial fishing and charter fishing marine craft. Marinas are differentiated from moorages by their larger scale, the provision of significant accessory landside services and/or the use of solid breakwater (rock, bulkheading, etc.).
“Minor navigation improvement” means alterations necessary to provide water access to existing or permitted uses in conservation management units including dredging for access channels and for maintaining existing navigation but excluding fill and in-water navigational structures other than floating breakwaters or similar permeable wave barriers.
“Mitigation” means the creation, restoration, or enhancement of an estuarine area to maintain the functional characteristics and processes of the estuary, such as its natural biological productivity, habitats, and species diversity, unique features and water quality (ORS 541.626).
“Mitigation site” means an area identified in the mitigation/restoration plan element of the Tillamook County comprehensive plan as a potential site for estuarine creation, restoration or enhancement, subject to applicable state and federal standards.
“Modular housing” means a dwelling unit manufactured off-site, built to be used for permanent residential occupancy, to be set on a permanent foundation and conforming to the Uniform Building Code.
“Nonconforming structure or use” means a lawful existing structure or use at the time this title or any amendment thereto becomes effective, which does not conform to the requirements of the zone in which it is located.
“Open space” means that portion of a lot or parcel of property which is left uncovered by structures, parking, patios, and other impervious surfaces; it is area devoted primarily to landscaping or natural vegetation, although the use of decks is allowed, and lands which remain substantially undeveloped for one or more of the following reasons:
1. Public or private outdoor recreation;
2. Public health or safety;
3. Managed resource preservation;
4. Managed resource production; and
5. Separation between other uses.
“Owner” means an owner of property or the authorized agent of an owner.
“Parking space” means an enclosed or unenclosed surface area permanently reserved for the temporary storage of one automobile and connected with a street or alley that affords ingress and egress for automobiles.
“Pedestrian facilities” means improvements and provisions made to accommodate or encourage walking, including sidewalks, access ways, crosswalks, ramps, paths, and trails.
“Permit” means discretionary approval of a proposed development of land under ORS 227.215.
“Person” means every natural person, firm, partnership, association, social or fraternal organization, corporation, trust, estate, receiver, syndicate, branch of government or any group or combination acting as a unit.
“Property, downslope” means a lot or parcel of land that is located below, or at a lower elevation than, the adjacent street, road, or vehicular access way, including easements. A lot or parcel that runs between two parallel streets shall be considered downslope property for purposes of building height.
“Public utility” means a private business or organization such as a public service corporation, performing some public service and subject to governmental regulation, or a governmental agency performing similar public services. Such services shall include but are not limited to electric, gas, power or telephone.
“Recreation vehicle” means a vacation trailer or other unit with or without motive power which is designed for human occupancy and to be used temporarily for recreation or emergency purposes and has a gross floor space of less than 400 square feet. “Recreational vehicle” includes camping trailers, motor homes, park trailers, bus conversions, van conversions, tent trailers, travel trailers, truck campers and any vehicle converted for use or partial use as a recreational vehicle. The unit shall be identified as a recreational vehicle by the manufacturer.
“Recreation vehicle park” means a lot that is operated on a fee or other basis as a place for the parking of occupied recreation vehicles.
“Residential facility” means a facility licensed by or under the authority of the Department of Human Resources under ORS 443.400 through 443.460 that provides residential care alone or in conjunction with training or treatment or a combination thereof for six to 15 individuals who need not be related. Staff required to meet Department of Human Resources licensing requirements shall not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential facility.
“Residential home” means a home licensed by or under the authority of the Department of Human Resources under ORS 443.400 through 443.825 that provides residential care alone or in conjunction with training or treatment or a combination thereof for five or fewer individuals who need not be related. Staff required to meet Department of Human Resources licensing requirements shall not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential home.
“Resource capability” means the measure of an area, or the biological communities within an area, to withstand alteration. A use or activity is considered to be consistent with the resource capabilities of an area if the level of use proposed can be accommodated without producing significant adverse impacts to biological productivity or to the quality of air, land and water resources within the area.
“Restoration” means replacing or restoring original attributes or amenities such as natural biological productivity and aesthetic or cultural resources which have been diminished or lost by past alterations, activities, or catastrophic events. For the purposes of Goal 16, “estuarine restoration” means to revitalize or reestablish functional characteristics and processes of the estuary diminished or lost by past alterations, activities or catastrophic events. A restored area must be a shallow subtidal or an intertidal or tidal marsh area after alteration work is performed, and may not have been a functioning part of the estuarine system when alteration work began.
1. “Active restoration” means the use of specific positive remedial action, such as removing fills, dredging of shoaled navigation channels, installing water treatment facilities, or rebuilding deteriorated urban waterfront areas.
2. “Passive restoration” means the use of natural processes, sequences, and timing that occur after removal or reduction of adverse stresses without other specific positive remedial action.
“Shoreline stabilization structures” means the protection of the banks of tidal or nontidal streams or rivers, estuarine waters or coastal lakes from flooding or erosion by vegetative means, or by structural means such as riprap, groins, bulkheads, or dikes.
Sign or Sign-Related Definitions.
1. “Abandoned sign” means a sign pertaining to a use or lot where the message of the sign no longer pertains to a use or activity occurring on the lot.
2. “Awning sign” means a sign that is placed on a temporary or moveable shelter supported entirely from the exterior wall of the building.
3. “Bench sign” means a sign painted on or attached to a bench.
4. “Incidental sign” means a sign, other than a temporary or lawn sign, which does not require a permit.
5. “Lawn sign” means a temporary freestanding sign made of rigid materials.
6. “Permanent sign” means a sign attached to a building, structure or the ground in some manner, having a sign face area of four square feet or more and made of materials intended for more than short-term use.
7. “Projecting sign” means a sign attached to and projecting out from a building face or wall and generally at right angles to the building.
8. “Readerboard sign” means a sign that can accommodate changeable copy.
9. “Sandwich board sign” means a sign not supported by a structure in the ground, nor attached to or erected against a structure, and capable of being moved.
10. “Sign” means any identification, description, illustration, symbol or device which is affixed upon a building, structure or land and whose primary purpose is to convey a message.
11. “Site frontage” means the length of the property line parallel to and along each public right-of-way.
12. “Temporary” means a sign not permanently attached to a building, structure or the ground, and is intended to be displayed not more than 90 days in a calendar year.
13. “Undeveloped site” means a lot with no permanent structure that contains a use permitted by the zone in which it is located.
14. “Wall sign” or “wall graphics” means a sign attached to or erected against the wall of a building with the sign face in a parallel plane to the building wall, including a painting or other graphic art technique that is applied directly to the wall or the face of a building or structure.
15. “Window sign” means a sign permanently affixed to the windowpanes of a building.
16. “Portable” means a sign that is not permanent and intended to be displayed more than 90 days in a calendar year.
“Staff” means most commonly the planner, administrator, and/or public works director or their assigns.
“Street” means the entire width between the right-of-way lines of every way for vehicular and pedestrian traffic and includes the terms “road,” “highway,” “lane,” “place,” “avenue,” “alley,” and other similar designations.
“Structural alteration” means any change to the supporting members of a structure including foundations, bearing walls or partitions, columns, beams, girders, or any structural change in the roof or exterior walls.
“Structure” means something constructed or built, or any piece of work artificially built up or composed of parts joined together in some definite manner.
“Telecommunication facility” means a facility designed and used for the purpose of transmitting, receiving, and relaying voice and data signals from various wireless communication devices including transmission towers, antennas and ancillary facilities. For purposes of this section, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio signals are not “telecommunication facilities.”
“Temporary alteration” means dredging, filling, or another estuarine alteration occurring over a specified short period of time which is needed to facilitate a use allowed by an acknowledged plan. Temporary alterations may not be for more than three years and the affected area must be restored to its previous condition. Temporary alterations include:
1. Alterations necessary for federally authorized navigation projects (e.g., access to dredged material disposal sites by barge or pipeline and staging areas or dredging for jetty maintenance);
2. Alterations to establish mitigation sites, alterations for bridge construction or repair and for drilling or other exploratory operations; and
3. Minor structures (such as blinds) necessary for research and educational observation.
“Transportation facilities” means the physical improvements used to move people and goods from one place to another; i.e., streets, sidewalks, pathways, bike lanes, airports, transit stations and bus stops, etc. Transportation facilities include the following:
1. Normal operation and maintenance;
2. Installation of improvements within the existing right-of-way;
3. Projects identified in the adopted transportation system plan not requiring future land use review and approval;
4. Landscaping as part of a transportation facility;
5. Emergency measures;
6. Street or road construction as part of an approved subdivision or partition;
7. Transportation projects that are not designated improvements in the transportation system plan; and
8. Transportation projects that are not designed and constructed as part of an approved subdivision or partition.
“Use” means the purpose for which land or a structure is designed, arranged, or intended, or for which it is occupied or maintained.
“Water-dependent” means uses and activities which can be carried out only on, in or adjacent to water because the water location or access is needed for one of the following:
1. Water-borne transportation (navigation, moorage, fueling and servicing of ships or boats, terminal and transfer facilities, resource and material receiving and shipping); or
2. Recreation (active or passive recreation such as viewing and walking); or
3. A source of water (energy production, cooling of industrial equipment or wastewater, other industrial processes, aquaculture operations); or
4. Marine research or education (viewing, sampling, recording information, conducting experiments, teaching).
“Water-oriented” means a use whose attraction to the public is enhanced by a view of or access to coastal waters.
“Water-related” means uses and activities that do not require direct water access (are not water-dependent), but that:
1. Provide goods and/or services that are directly associated with other water-dependent uses (supplying materials to, or using products of, water-dependent uses); and
2. If not located near the water, would experience a public loss of quality in the goods and services offered (evaluation of public loss of quality shall involve a subjective consideration of economic, social and environmental consequences of the use.)
“Wetlands” means land areas where water is the dominant factor determining the nature of soil development and the types of plant and animal communities living at the soil surface. Wetland soils retain sufficient moisture to support aquatic or semi-aquatic plant life. In marine and estuarine areas, wetlands are bounded at the lower extreme by extremely low water; in nontidal areas by a depth of six feet. The areas below wetlands are submerged lands.
“Yard” means an open space on a lot that is unobstructed from the ground upward except as otherwise provided in this title.
“Yard, front” means a yard between the side lot lines and measured horizontally at right angles to the front lot line from the front lot line to the nearest point of a building or other structure. Any yard meeting this definition and abutting a street shall be considered a front yard.
“Yard, rear” means a yard between side lot lines and measured horizontally at right angles to the rear lot line to the nearest point of a building or other structure.
“Yard, side” means a yard between the front and rear measured horizontally at right angles from the side lot line to the nearest point of a building or other structure.
“Yard, street side” means a yard adjacent to a street between the front yard and rear lot line measured horizontally and at right angles from the side lot line to the nearest point of a building or other structure. [Ord. 321 § 1, 2014; Ord. 319 §§ 2, 3, 2013; Ord. 290 § 3(1.030), 2006.]
18.05.040 Estuarine and coastal shoreland definitions.
The definitions in the Tillamook County land use code for estuary zones, shorelands overlay zone and water-dependent development zone are adopted by reference. The definitions contained therein shall be applied in the following zones where there is no appropriate definition in GMC 18.05.030: estuary natural zone, estuary conservation 1 zone, estuary conservation 2 zone, dredge material disposal site protection overlay zone, water-dependent development zone and waterfront mixed-use zone. [Ord. 319 § 4, 2013; Ord. 290 § 3(1.035), 2006.]