Chapter 19.20 ZONING DISTRICTS

The planned residential estate (PRE) district is intended to provide existing rural uses in the areas of the expanded urban growth area which, because of surrounding land uses, noise impacts from the Naval Air Station, environmentally sensitive area, and existing land use patterns, are better planned for preservation of low-density uses under a master planned concept. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.025 Density provisions.

Specific densities shall be determined by the planning commission based on the criteria established under the provisions of Chapter 19.48 OHMC.

(1) Minimum density, zero DU/AC; maximum density, three DU/AC.

(2) Minimum front yard, 30 feet; or as established by the master plan.

(3) Minimum side yard setbacks are 10 feet; or as established by the master plan.

(4) Minimum side yard along the flanking street of a corner lot, 20 feet; or as established by the master plan.

(5) Minimum rear yard, 30 feet; or as established by the master plan.

(6) Maximum building height, 35 feet; or as established by the master plan.

(7) Maximum lot coverage, 35 percent of lot area; or less as established by the master plan.

(8) Minimum lot size, 15,000 square feet; or as established by the master plan.

(9) Development as a planned residential development may occur subject to Chapter 19.31 OHMC. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.030 Relation to aviation environs overlay zone.

Property located in an aviation environs overlay zone, as governed in Chapter 19.50 OHMC, shall meet the requirements for noise attenuation in Chapter 17.30 OHMC and the comprehensive plan land use element. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.035 Combined applications.

(1) The preliminary master plan and the final master plan may be combined and together processed through review as a final development plan.

(2) The application may be filed by either of the following:

(a) The Oak Harbor planning department for all or any portion of the district; or

(b) The owner, or owners in a joint application, of more than 10 acres.

(3) A concurrent subdivision application, meeting the requirements of OHMC Title 21, may be processed concurrently with the planned residential estate application.

(4) The applicant may file a concurrent rezone application, meeting the requirements where such application is consistent with the Oak Harbor comprehensive plan, which shall proceed concurrently with the planned residential estate application.

(5) In case of conflict between time limits set forth in this title and in other provisions of the Oak Harbor Municipal Code or applicable state law, those provisions requiring public notice to be given the furthest in advance of the pending action shall prevail over conflicting provisions specifying that notice shall be given within a shorter time prior to the action; likewise, any conflict in provisions requiring a specific action on the part of the city, or any body thereof, within a specific time period shall be resolved in favor of those provisions requiring action within the lesser period of time. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.040 Preapplication meeting.

Prior to formal submittal of the application by any owner or owners, the applicant(s) may present to the planning department a master plan, which shall contain, in a rough and approximate manner, all of the information required for the application under OHMC 19.20.050. Upon submittal, the planning department shall schedule a meeting with representatives of applicable city departments. The planning director may also invite, because of the nature, size and scope of the development, others outside of the city to participate in the preapplication meeting. The purpose of the meeting is to enable the applicant to obtain the advice of city staff as to the intent, standards and provisions of this code with regard to the proposed plan. Information presented for and at the preapplication meeting shall not be a part of the public record as no applications are submitted for formal review. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.045 Application requirements.

An application by an owner or owners for approval of a proposed planned residential estate shall be made to the planning director upon forms furnished by the city. Application shall be made by the owner or owners of the parcel or parcels intended to be developed as a unit or their duly authorized agent or agents. The ownership of all parcels to be included must be represented in the application. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.050 Master plan – Filing requirements.

Any owner or owners filing an application shall file with the planning director a master plan, including the following:

(1) A legal description of the site and plot plan indicating location of all existing and proposed adjacent streets, private rights-of-way and easements;

(2) Twenty copies of the proposed site plan and/or drawings, which include the following information:

(a) Topographic contours at a minimum interval of 10 feet;

(b) The general location of all areas proposed for buildings and structures;

(c) Location and nature of vehicular and pedestrian circulation features within the site and adjacent streets and alleys;

(d) The extent, location, arrangement and proposed improvements of all open space, and common areas;

(e) Location, nature and dimension (where applicable) of all utilities including fire protection facilities;

(3) A text describing any conditions or features which cannot be adequately displayed on maps or drawings. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.055 Master plan – Staff recommendation.

After receiving the master plan, the planning director shall route the same to all appropriate city departments, and each department shall submit to the planning director comments and recommendations. After receiving such information from the city departments, the planning director shall present recommendations and conclusions before the planning commission at the public hearing on the master plan. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.060 Master plan – Public hearing.

The master plan shall be considered at a public hearing before the planning commission after notice given in the manner required by Chapter 18.20 OHMC. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.065 Master plan – Planning commission review.

Following the public hearing, the planning commission may approve as proposed, approve with changes or disapprove the application and the accompanying master plan. The commission’s action shall be based on the following criteria:

(1) The proposal meets the requirements of this title;

(2) The densities permitted shall be based on:

(a) Potential impacts to and from surrounding land uses, such as noise impacts from the Naval Air Station;

(b) The presence of environmentally sensitive areas; and/or

(3) The proposal shall not be detrimental to existing or potential surrounding land uses as defined by the Oak Harbor comprehensive plan. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.070 Master plan – Council review.

If and when the commission approves said application or if approval is granted by decree of commission action, the city council shall be informed of such action and shall indicate its concurrence or disapproval. The determination of the council shall become final 10 days after the date of decision unless directed otherwise or appealed to the city council in accordance with OHMC 19.20.580. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.075 Modifications to the plan.

Requests for modifications of the master plan shall be made in writing and shall be submitted to the planning department in the manner and form prescribed by the planning director.

(1) Modifications shall be deemed minor if the proposal does not change any of the following:

(a) Land uses;

(b) General location or number of access points, or general circulation patterns; and

(2) Examples of minor modifications include but are not limited to lot line adjustments, minor changes in setbacks and building height (10 percent or less) and the location of open space.

(3) Minor modifications may be approved by the planning director.

(4) Major modifications are those which, as determined by the planning director, substantially change the basic intent of the master plan or change to overall density greater than 10 percent. Major changes to master plans shall be reviewed by the planning commission and city council under the same process as outlined under OHMC 19.20.540 and 19.20.550. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.080 Adherence to approved plan.

(1) The building official shall only issue building permits for buildings and structures which conform with the approved master plan and with all other applicable city ordinances, regulations, applicable rezone, annexation or development agreements.

(2) No building permit shall be issued on a lot where there is a current violation of the zoning code or a misuse of public easements to the property. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.085 Subdivision requirements.

The approval of a subdivision shall be required of all projects which involve or contemplate the subdivision of land and the procedures set forth in the Oak Harbor subdivision ordinance, codified in OHMC Title 21, shall be followed concurrently herewith. The approved final master plan shall be a binding site plan under RCW 58.17.040(5), so that a lease of land shall be exempt from the subdivision ordinance if the lease conforms to the final master plan. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.090 Lots subject to final master plan.

All lots or other divisions of a subdivided planned residential estates development shall remain subject to compliance with the final master plan regardless of compliance with OHMC Title 21, or subsequent conveyance of such individual lots. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.095 Judicial review.

Any legal action to review a decision of the city council or planning commission under this Article I that constitutes a final land use decision, not subject to further administrative appeal, shall be filed in Island County superior court within 21 days of the decision, notwithstanding the effective date of any ordinance passed or proposed to effectuate said decision. (Ord. 1993 § 3, 2024; Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

Article II. R-1 – Single-Family Residential

19.20.100 Purpose and intent.

The R-1 single-family residential district is intended for low density, urban, single-family residential uses, while providing sufficient density to allow the city to effectively provide needed urban services. Manufactured home subdivisions are also allowed in this zone. The densities for this district range between a minimum of three units per gross acre and a maximum of nine units per gross acre. (Ord. 1953 § 1, 2022; Ord. 1671 § 2, 2013; Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.120 Density provisions.

For single-family dwelling structures, in an R-1 district, the following density provisions apply:

(1) Minimum density, three DU/AC; maximum density, nine DU/AC;

(2) Minimum lot area, no limitation;

(3) Minimum lot width, 40 feet;

(4) Minimum lot depth, 80 feet;

(5) Minimum front yard, 10 feet;

(6) Minimum side yard setbacks are five feet; however, minimum side yard along the flanking street of a corner lot, 10 feet;

(7) Minimum rear yard, 20 feet;

(8) Maximum building height, 35 feet;

(9) Maximum lot coverage, 45 percent of lot area;

(10) A setback of 20 feet is required to any entrance to an automobile garage door or carport;

(11) An accessory building or buildings of less than 600 total square feet in building area and 15 feet in building height may be constructed in the rear yard a minimum of five feet from property lines and providing 10 feet of unencumbered space between the principal structure and the accessory building(s). Additional building height is permitted with a corresponding increase in setback up to the maximum height in the zone district; or, location within the principal building setbacks. The exterior design of accessory buildings shall match or complement the design and materials of the primary structure on the property. The maximum building area of an accessory structure shall not exceed 50 percent of the building area of the primary structure;

(12) Development as a planned residential development may occur subject to Chapter 19.31 OHMC. (Ord. 1953 § 1, 2022; Ord. 1910 § 1, 2020; Ord. 1671 § 2, 2013; Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

Article III. R-2 – Limited Multiple-Family Residential

19.20.125 Purpose and intent.

The R-2 limited multiple-family residential district is intended for medium density residential housing. Manufactured home subdivisions and parks are allowed in this zone. The densities for this district range between a minimum density of six units per gross acre and a maximum density of 12 units per gross acre. The R-2 districts are intended only for those areas having safe and convenient access to improved collector or arterial streets and adequate public services. (Ord. 1953 § 2, 2022; Ord. 1671 § 3, 2013; Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.145 Density provisions.

In an R-2 district, the following density provisions apply:

(1) Minimum density, six DU/AC; maximum density, 12 DU/AC;

(2) Minimum lot area, no limitation;

(3) Minimum lot width, 40 feet;

(4) Minimum lot depth, 80 feet;

(5) Minimum front yard setback, 10 feet;

(6) Minimum side yard setbacks are five feet; minimum side yard along the flanking street of a comer lot, 10 feet;

(7) Minimum rear yard, 20 feet;

(8) In addition to the above, any duplex or multifamily dwelling of more than two stories in height must provide a minimum of two feet additional front, side and rear yard setback for each additional story;

(9) Maximum building height, 35 feet;

(10) Maximum lot coverage by buildings, 45 percent. A minimum of 20 percent of lot is to be kept free of impervious surfacing;

(11) A setback of 20 feet is required to any entrance to an automobile garage door or carport;

(12) An accessory building or buildings of less than 600 total square feet in building area and 15 feet in building height may be constructed in the rear yard a minimum of five feet from property lines and providing 10 feet of unencumbered space between the principal structure and the accessory building(s). Additional building height is permitted with a corresponding increase in setback up to the maximum height in the zone district; or, location within the principal building setbacks. The exterior design of accessory buildings shall match or complement the design and materials of the primary structure on the property. The maximum building area of an accessory structure shall not exceed 50 percent of the building area of the primary structure;

(13) Development may occur as a planned residential development subject to Chapter 19.31 OHMC. (Ord. 1953 § 2, 2022; Ord. 1910 § 2, 2020; Ord. 1671 § 3, 2013; Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.150 Landscaping requirements.

Except for single-family dwellings and duplexes, landscaping and buffers shall be constructed and maintained in accordance with the provisions of Chapter 19.46 OHMC. (Ord. 1953 § 2, 2022; Ord. 1671 § 3, 2013; Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.155 Site plan review required.

Site plan review shall be required as defined in Chapter 19.48 OHMC. (Ord. 1953 § 2, 2022; Ord. 1671 § 3, 2013; Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

Article IV. R-3 – Multiple-Family Residential

19.20.160 Purpose and intent.

The R-3 multiple-family residential district is intended to provide for and protect areas for medium to high density multiple-family residential development. The densities for this district range between a minimum density of nine units per gross acre and a maximum density of 16 units per gross acre. The R-3 districts are intended only for those areas adjacent to arterials or collector streets, without generation of additional traffic upon residential streets, and with adequate public services. (Ord. 1953 § 3, 2022; Ord. 1671 § 4, 2013; Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.180 Density provisions.

In an R-3 district, the following density provisions apply:

(1) Minimum density, nine DU/AC; maximum, 16 DU/AC;

(2) Minimum lot area, no limitation;

(3) Minimum lot width, 40 feet;

(4) Minimum lot depth, 80 feet;

(5) Minimum front yard setback, 10 feet;

(6) Minimum side yard setbacks, five feet; minimum side yard along flanking street of a corner lot is 10 feet;

(7) Minimum rear yard, 20 feet;

(9) Maximum building height, 35 feet;

(10) Maximum lot coverage by buildings, 45 percent. A minimum of 20 percent of lot area is to be kept free of impervious surfacing;

(11) A setback of 20 feet is required to any entrance to an automobile garage door or carport. Entrance driveways to parking structures serving multiple units are exempt from this requirement if no parking spaces are provided and parking is explicitly not permitted on those entrance driveways;

(13) Development as a planned residential development may occur subject to Chapter 19.31 OHMC. (Ord. 1953 § 3, 2022; Ord. 1910 § 3, 2020; Ord. 1671 § 4, 2013; Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.185 Landscaping requirements.

Landscaping and buffers shall be constructed and maintained in accordance with the provisions of Chapter 19.46 OHMC. (Ord. 1953 § 3, 2022; Ord. 1671 § 4, 2013; Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.190 Site plan review required.

Site plan review shall be required as defined in Chapter 19.48 OHMC. (Ord. 1953 § 3, 2022; Ord. 1671 § 4, 2013; Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

Article V. R-4 – Multiple-Family Residential

19.20.195 Purpose and intent.

The R-4 multiple-family residential district is intended to provide for and protect areas for high density multiple-family residential development for persons who desire to live in an apartment environment. The densities for this district range between a minimum of 12 units per gross acre and a maximum density of 22 units per gross acre. The R-4 district shall be considered only for those areas adjacent to arterials or collector streets. Safe and convenient streets must be available or developed to the district without generation of additional traffic upon residential streets. (Ord. 1953 § 4, 2022; Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.215 Density provisions.

In an R-4 district, the following density provisions apply:

(1) Minimum density, 12 DU/AC; maximum density, 22 DU/AC;

(2) Minimum lot area, no limitation;

(3) Minimum lot width, 40 feet;

(4) Minimum lot depth, 80 feet;

(5) Minimum front yard setback, 10 feet;

(6) Minimum side yard setback, five feet. Minimum side yard along the flanking street of a corner lot is 10 feet;

(7) Minimum rear yard setback, 20 feet;

(9) Maximum building height, 35 feet;

(10) Maximum lot coverage by buildings, 45 percent. A minimum of 20 percent of lot area is to be kept free of impervious surfacing;

(12) An accessory building or buildings of less than 600 total square feet building area and 15 feet in building height may be constructed in the rear yard a minimum of five feet from property lines and providing 10 feet of unencumbered space between the principal structure and the accessory building(s). Additional building height is permitted with a corresponding increase in setback up to the maximum height in the zone district; or, location within the principal building setbacks. The exterior design of accessory buildings shall match or complement the design and materials of the primary structure on the property. The maximum building area of an accessory structure shall not exceed 50 percent of the building area of the primary structure;

(13) Development may occur as a planned residential development subject to Chapter 19.31 OHMC. (Ord. 1953 § 4, 2022; Ord. 1910 § 4, 2020; Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.220 Landscaping requirements.

Landscaping and buffers shall be constructed and maintained in accordance with the provisions of Chapter 19.46 OHMC. (Ord. 1953 § 4, 2022; Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.225 Site plan review required.

Site plan review shall be required as defined in Chapter 19.48 OHMC. (Ord. 1953 § 4, 2022; Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

Article VI. RO – Residential Office

19.20.230 Purpose and intent.

It is the purpose of the RO residential office district to provide for areas appropriate for professional and administrative offices. It is intended that such districts shall buffer residential districts and the development standards are such that office uses should be compatible with residential districts. (Ord. 1953 § 5, 2022; Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.250 Density provisions.

In an RO district, the following density provisions apply:

(1) For residential projects, minimum density, 12 DU/AC; maximum density, 22 DU/AC;

(2) Minimum lot area, 7,200 square feet;

(3) Minimum lot width, 72 feet;

(4) Minimum lot depth, 90 feet;

(5) Minimum front yard, 20 feet; see subsection (7) of this section;

(6) Minimum side yard setbacks are 12 feet and five feet on one side, except on corner lots abutting a public street, then 20 feet;

(7) Minimum rear yard, 20 feet except when abutting a public street, then 35 feet. In addition to the above, any building of more than two stories in height must provide a minimum of two feet additional front, side and rear yard setback for each additional story;

(8) Maximum building height, 35 feet;

(9) Maximum lot coverage by building, 45 percent. A minimum of 20 percent of lot area is to be kept free of impervious surfacing;

(10) A single-story accessory building containing less than 600 square feet of floor area may be constructed within five feet of either sideline or rear property line, provided there is six feet of unencumbered space between the principal structure and the accessory building. Accessory buildings shall not have a metal finish except when the finish is listed by the manufacturer or approved by the building department as a nonglare finish. The maximum floor area of an accessory structure shall not exceed 50 percent of the floor area of the primary structure. (Ord. 1953 § 5, 2022; Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.255 Landscaping requirements.

Landscaping and buffers shall be constructed and maintained in accordance with the provisions of Chapter 19.46 OHMC. (Ord. 1953 § 5, 2022; Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.260 Site plan review required.

Site plan review shall be required as defined in Chapter 19.48 OHMC. (Ord. 1953 § 5, 2022; Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

Article VII. C-1 – Neighborhood Commercial

19.20.265 Purpose and intent.

The C-1 neighborhood commercial district is intended to provide for limited commercial facilities serving residents of the surrounding residential district. (Ord. 1671 § 5, 2013; Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.285 Density provisions.

In a C-1 district, the following density provisions apply:

(1) Multifamily dwelling structures shall conform to the requirements of the R-4 district;

(2) Other uses shall conform to the following standards:

(a) Minimum lot area, 5,000 square feet;

(b) Minimum lot width, 50 feet;

(d) Minimum front yard, 15 feet;

(e) Minimum side yard, 10 feet each side;

(f) Minimum side yard along flanking street of corner lot, 15 feet;

(g) Minimum rear yard, 20 feet;

(h) Minimum rear yard abutting a public street, 15 feet;

(i) Maximum building height, 35 feet;

(j) Maximum lot coverage, 60 percent of lot area. (Ord. 1671 § 5, 2013; Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.290 Conditions governing permitted uses.

Uses permitted in a C-1 district, except conditional uses and dwellings, shall be subject to the following conditions:

(1) All business, service, repair, processing, storage, or merchandise display shall be conducted within a wholly enclosed building except for the following:

(a) Off-street parking or loading;

(b) Drive-in windows, but not including food or drink service;

(d) Sale of plant materials in connection with a florist shop;

(2) Items produced or wares and merchandise handled shall be limited to those sold at retail on the premises;

(3) The use shall not be objectionable because of odor, dust, smoke, cinders, exhaust fumes, noise, vibration, disturbance to television or radio reception or because of unsightly structure, facilities or use of land;

(4) Design shall be in accordance with the provisions of the design guidelines;

(5) Landscaping and buffers shall be constructed and maintained in accordance with the provisions of Chapter 19.46 OHMC. (Ord. 1671 § 5, 2013; Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.295 Site plan and design review required.

(1) Site plan and design review shall be required as defined in Chapter 19.48 OHMC.

(2) The planning director, under site plan review, may impose the following conditions before a building permit will be issued for the proposed development:

(a) Limit or prohibit openings to structures on sides within 50 feet of a residential district if the openings will cause glare, excessive traffic, noise or other adverse effects on adjacent residential areas;

(b) Access shall be limited to streets designated as collector or arterial streets in the comprehensive plan;

(c) Require additional setbacks and landscaping or screening abutting a residential district if necessary to minimize the detrimental effects of commercial activity such as glare and noise. (Ord. 1671 § 5, 2013; Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

Article VIII. CBD – Central Business District

19.20.300 Purpose and intent.

The central business district (CBD) is intended to preserve and enhance the unique harbor location of the city’s heritage with the character of the traditional center of social, cultural and retail activity. Mixed use developments, combining retail and visitor-oriented activities on the ground floor with office, retail or residential uses above, is encouraged. Active facades at the street level on Pioneer Way are required and pedestrian-oriented development is encouraged throughout the district. Standards and design guidelines are adopted to enhance and maintain a pedestrian-friendly environment. Incentives are also provided to encourage the development of mixed use projects. Subdistricts CBD-1 and CBD-2 are created in order to provide for flexibility of residential development within specific areas of the central business district. Large surface parking lots are discouraged. Shared clustered parking areas in the middle of blocks are allowed away from street frontages. Access driveways are to be kept at a minimum to promote safety and convenience of pedestrians. (Ord. 1914 § 2, 2021; Ord. 1671 § 6, 2013; Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.320 Density provisions.

In CBD, CBD-1 and CBD-2, the following density provisions apply:

(1) Allowable density:

District	Minimum	Maximum
CBD	None	None
CBD-1	9 du/ac	None
CBD-2	13 du/ac	None

(2) Minimum lot area, no limitation;

(3) Minimum lot width, 25 feet;

(4) Minimum lot depth, 50 feet;

(5) Minimum front yard, no limitation, except when opposite a residentially zoned property, then a 10-foot front yard is required. Front yard setback may also be increased to 10 feet if needed for traffic safety; front yard setback shall be provided so as to maintain a 12-foot sidewalk measured from the existing curb or future curb line;

(6) Minimum side yard, no limitation except when abutting a residentially zoned property, then 10 feet each. For corner lots, side yard may also be increased to 10 feet if needed for traffic safety;

(7) Minimum rear yard, no limitation except when opposite a residentially zoned property, then 10-foot rear yard is required or except when abutting a public street where the setback may be increased to 10 feet if needed for traffic safety;

(8) Maximum building height, 35 feet; except:

(a) In CBD, building height may be increased to 45 feet if a ground floor active facade is developed in conjunction with a residential use;

(b) In CBD-2, building height may be increased to 45 feet for residential development (without a retail component);

(c) In CBD, building height may be increased to 55 feet for nonresidential uses or mixed use projects by providing additional urban amenities as defined in the Oak Harbor design regulations and guidelines. The proposal will be specifically reviewed to determine its impacts on waterfront and mountain views and require reasonable mitigation as necessary;

(9) Maximum lot coverage, no limitation;

(10) Parking.

(a) Nonresidential Uses. There shall be no required parking for nonresidential uses; except, however, if parking is provided, it shall meet the parking space size and access requirements of OHMC 19.44.110;

(b) Residential uses shall provide parking per Chapter 19.44 OHMC, except that guest parking need not be provided. If guest parking is provided it shall meet the parking space size and access requirements of OHMC 19.44.110;

(c) Any parking provided beneath a permitted residential use shall be enclosed with at least 50 percent solid material and designed to seamlessly blend with the architecture of the building;

(d) No more than 50 percent of the gross floor area along street frontages may be used for residential parking;

(11) Design Standards.

(a) Development shall be in accordance with the provisions of the Oak Harbor design regulations and guidelines;

(b) Buildings with frontage on Pioneer Way must include at least 75 percent active facade on ground-floor, street-facing walls;

(c) Residential development shall have ground level access independent of nonresidential uses from an inside lobby, elevators and/or corridors, from an enclosed interior court, or from other separate access provisions;

(d) Nonresidential development along Pioneer Way, between SE City Beach Street and SE Midway Boulevard, shall meet the following standards:

(i) Ground-floor, nonretail development shall not comprise more than 50 percent of the lineal street frontage of the lot;

(ii) Window areas for nonresidential portions of a building’s facades shall not be less than 40 percent or greater than 60 percent of the total facade area;

(iii) Conformance with the above standards shall be determined by using the design guideline applicability standards established under OHMC 19.48.040;

(e) Nonresidential development with building heights greater than 45 feet shall provide a minimum of 450 square feet of pedestrian-oriented space (as defined in the Oak Harbor design regulations and guidelines) plus an additional 25 square feet for each vertical foot of building height above 45 feet;

(f) All buildings in the CBD greater than three stories must set back upper stories by at least 10 feet. (Ord. 1938 § 3, 2021; Ord. 1914 § 6, 2021; Ord. 1671 § 6, 2013; Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.325 Conditions governing permitted uses.

All uses permitted outright in a CBD, CBD-1, or CBD-2 district shall meet the following conditions:

(1) All business, service, repair, storage, or merchandise display shall be conducted within a wholly enclosed building, except for the following:

(a) Off-street parking and loading;

(b) Food and drink service in connection with cafes, restaurants or other eating establishments.

(2) The use of property must not result in the creation of offensive odors or offensive or harmful quantities of dust, smoke, exhaust fumes, noise or vibration.

(3) Landscaping and buffers shall be constructed and maintained in accordance with the provisions of Chapter 19.46 OHMC. (Ord. 1938 § 4, 2021; Ord. 1671 § 6, 2013; Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.330 Site plan and design review required.

Site plan and design review shall be required as per Chapter 19.48 OHMC. (Ord. 1671 § 6, 2013; Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

Article IX. C-3 – Community Commercial

19.20.335 Purpose and intent.

The C-3 community commercial district is intended to provide for those types of retail, wholesale, transportation, and service uses which, because of traffic and other requirements, depend upon particular locations to serve the needs of the community and its trading area. Generally, the permitted uses require large sites and access from either major or minor arterials. This district also supports mixed use developments except in proximity to NAS Whidbey Ault Field, where residential uses should be restricted. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.355 Density provisions.

In a C-3 district, the following provisions apply:

(1) Minimum lot area, no limitation;

(2) Minimum lot width, no limitation;

(3) Minimum lot depth, no limitation;

(4) Minimum front yard, 35 feet. The building setback may be reduced to 15 feet if the entire setback area from property line to building is landscaped where reduction occurs;

(5) Minimum side yard, no limitation, except when abutting a residentially zoned property, then 30 feet each. For corner lots, the side yard abutting a public street shall be the same as the front setback;

(6) Minimum rear yard, no limitation, except when abutting a public street, then it shall be the same as the front setback;

(7) Maximum building height, 35 feet;

(8) Maximum lot coverage, no limitation. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.360 Conditions governing permitted uses.

All principal uses permitted outright in a C-3 district shall meet the following requirements:

(1) With the exception of sales lots, outside storage or equipment yard, or yards containing outside industrial operation in connection with a use permitted outright or a conditional use in a C-3 district abutting, adjoining, or located across a street from a residential zoning district, or located along a street designated by the comprehensive plan as a state highway, or a major or secondary arterial, shall be enclosed by a fence. The fence shall be sight-obscuring, obstructing the storage from view on the sides of the property abutting, adjoining, or facing a residential district. The fence shall be of such material and design as will not detract from adjacent residences and shall be built according to plans submitted by the owner or his authorized agent and approved by the planning director. In no case shall the fence be required to have a height in excess of 10 feet;

(2) Automobile, mobile home or trailer sales lots shall be drained and surfaced with crushed rock except in those portions of the lot maintained as landscape areas;

(3) The use of property shall not be objectionable because of odor, dust, smoke, cinders, exhaust fumes, noise, or vibration, or because of unsightly structures, facilities or open storage;

(4) Design shall be in accordance with the provisions of the Oak Harbor design guidelines;

(5) Landscaping and buffers shall be constructed and maintained in accordance with the provisions of Chapter 19.46 OHMC. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.365 Site plan and design review required.

Site plan and design review shall be required as defined in Chapter 19.48 OHMC. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.368 Relation to aviation environs overlay zone.

Article X. C-4 – Highway Service Commercial

19.20.370 Purpose and intent.

The C-4 highway service commercial district is intended to permit the establishment of facilities oriented toward uses dependent upon highway location. The district is primarily intended to allow for the concentration of automobile and other motor vehicle sales centers. Other commercial and limited industrial activities are also permitted. The uses permitted by this district are compatible with the NAS Whidbey AICUZ Study. Access to the highway is controlled so as to minimize conflicts and maximize traffic efficiencies. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.395 Density provisions.

In a C-4 district, the following density provisions apply:

(1) Minimum Lot Size. There is no minimum lot size for this district; provided, that no residence for a caretaker, guard or other person whose permanent residency on the premises is required for operational safety or protective purposes shall be erected, maintained or enlarged on a lot which is less than 6,000 square feet;

(2) There is no minimum lot depth;

(3) There is no minimum lot width;

(4) Front setback shall be 35 feet;

(5) There is no side setback except as follows:

(a) Along side lot lines abutting residentially zoned property there shall be a 10-foot setback;

(b) For corner lots the side setback shall be 15 feet, except that the city council may approve a variable setback of not less than the established building line of the adjoining property after consideration at a public meeting or public hearing;

(6) There is no minimum rear setback except where abutting a street. In the case of a lot where the rear lot line abuts a street, the rear setback shall be 15 feet;

(7) Maximum building height, 35 feet;

(8) Maximum lot coverage, no limitation. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.400 Conditions governing permitted uses.

All principal uses permitted outright in a C-4 district shall meet the following requirements:

(1) Design shall be in accordance with the provisions of the design guidelines;

(2) Landscaping and buffers shall be constructed and maintained in accordance with the provisions of Chapter 19.46 OHMC;

(3) Access to SR 20 is limited to a circulation plan approved under Chapter 19.48 OHMC. Access to individual parcels may be permitted through adjacent parking lots;

(4) Automobile and boat sales lots shall be drained and paved or surfaced with crushed rock except in those portions of the lot maintained as landscaped areas;

(5) The use of property shall not be objectionable because of odor, dust, smoke, cinders, exhaust fumes, noise or vibration, or because of unsightly structures, facilities or open storage;

(6) Outdoor Use, Activity or Storage Only in Conjunction with a Permitted Use. A solid sight-obscuring fence or other appropriate screening approved by the planning department is required around the outside edges of the area devoted to the outdoor use, activity or storage. The height of outdoor storage abutting public streets or residential zones shall not be higher than the height of the screen device approved by the planning department. Outdoor use, activity or storage areas located adjacent to C-4 property may be located in the required interior side and rear setback yards. All outdoor use, activity or storage areas located adjacent to residential zones must meet required setbacks for the primary use. No outdoor use, activity or storage shall be permitted in the front yard setback;

(7) Towers, antennas or other objects exceeding 200 feet above the ground or that penetrate the 100:1 angle slope criteria established in Federal Aviation Regulation (FAR) Part 44 (Sections 77.13(a)(1) and 77.13(a)(2)(I), respectively) shall be reviewed for compatibility with airport operations. No tower, antenna or other object shall constitute a hazard to air navigation, interfere with the safe operation of aircraft or deny the existing operational capability of Ault Field. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.405 Site plan and design review required.

Site plan and design review shall be required as defined in Chapter 19.48 OHMC. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.408 Relation to aviation environs overlay zone.

Property located in an aviation environs overlay zone shall meet the requirements for land use compatibility in Chapter 19.50 OHMC, noise attenuation in Chapter 17.30 OHMC and the comprehensive plan land use element. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

Article XI. C-5 – Highway Corridor Commercial

19.20.410 Purpose and intent.

The C-5 highway corridor commercial district is intended to provide for those types of uses which, because of traffic and other requirements, are regional in impact and may be located in the highway corridor. It is intended to provide a means of allowing these uses along the highway corridor but with limited access to SR 20. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.430 Density provisions.

Density provisions in a C-5 district are as follows:

(1) Minimum lot area, no limitation;

(2) Minimum lot width, no limitation;

(3) Minimum lot depth, no limitation;

(4) Minimum front yard, 50 feet from any adjoining public street right-of-way. The building setback may be reduced to 30 feet if the entire setback area from property line to building is landscaped where reduction occurs;

(5) Minimum side yard, 30 feet. For corner lots, the side yard abutting a public street shall be the same as front setback;

(6) Minimum rear yard, 50 feet, except when abutting a public street it shall be the same as front setback;

(7) Maximum building height, 35 feet;

(8) Maximum lot coverage, no limitation. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.435 Conditions governing permitted uses.

All principal uses permitted outright in a C-5 district shall meet the following conditions:

(1) Design shall be in accordance with the provisions of the design guidelines;

(2) Landscaping and buffers shall be constructed and maintained in accordance with the provisions of Chapter 19.46 OHMC;

(3) The use of property shall not be objectionable because of odor, dust, smoke, cinders, exhaust fumes, noise, or vibration, or because of unsightly structures, facilities or open storage;

(4) Access to SR 20 highway is limited to an approved circulation plan. Access to individual parcels may be permitted through adjacent parking lots. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.440 Site plan and design review required.

Site plan and design review shall be required as defined in Chapter 19.48 OHMC. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

Article XII. Reserved

Article XIII. Reserved

Article XIV. I – Industrial

19.20.725 Purpose and intent.

The I industrial district is intended to accommodate certain industrial structures and uses having physical and operational characteristics which might adversely affect the adjoining residential and commercial uses. Regulations are designed to permit those industrial uses which can be operated in a relatively clean, quiet and safe manner compatible with adjoining land uses. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.755 Density provisions.

In an I district, the following density provisions apply:

(1) Minimum lot area, no limitation;

(2) Minimum lot width, no limitation;

(3) Minimum lot depth, no limitation;

(4) Minimum front yard, 35 feet;

(5) Minimum side yard, no limitation, except when abutting a residentially zoned property, then 10 feet each. For corner lots, a side yard abutting a public street shall be 35 feet except that the city council may approve a variable setback of not less than 20 feet or the established building line on adjoining property, whichever is greater, after consideration at a public meeting or public hearing;

(6) Minimum rear yard, no limitation except when abutting a public street, then 35 feet;

(7) Maximum building height, 35 feet;

(8) Maximum lot coverage, no limitation. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.760 Conditions governing permitted uses.

(1) Design shall be in accordance with the provisions of the Oak Harbor design guidelines.

(2) Landscaping and buffers shall be constructed and maintained in accordance with the provisions of Chapter 19.46 OHMC. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.765 Site plan and design review required.

Site plan and design review shall be required as defined in Chapter 19.48 OHMC. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.768 Relation to aviation environs overlay zone.

Article XV. PF – Public Facilities

19.20.770 Purpose and intent.

The PF public facilities district is intended to accommodate public facilities and institutional land uses, including but not limited to public parks, schools, churches, governmental offices, public works yards, utility structures, hospitals, and other similar public and quasi-public uses. The zone was established to aid the city in planning for public facilities, while preventing conflicts between incompatible land uses. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.792 Manufactured home structures.

A manufactured home (mobile home) is authorized to be placed within this district for a temporary time period, not to exceed five years, to serve nonresidential uses as provided for in permitted and conditional use code sections (OHMC 19.20.1005 and 19.20.1020). A two-year extension may be approved by separate application. Development is subject to all other provisions of this code the same as on-site construction. Manufactured homes shall not be authorized for use predominantly as storage. Manufactured homes shall not be permitted in a public facilities district where the public facility zone is adjacent to central business district zones. All applications for manufactured home structures, including time extensions, must be approved by the planning commission. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.795 Density provisions.

(1) Minimum lot area: No limitation.

(2) Minimum lot width: No limitation.

(3) Minimum lot depth: No limitation.

(4) Minimum front yard: 35 feet.

(5) Minimum side yard: No limitation, except when buildings abut a residentially zoned property, then 12 feet each side. For corner lots, a side yard abutting a public street shall be 35 feet.

(6) Minimum rear yard: No limitation except:

(a) When abutting a public street, then 35 feet;

(b) When abutting a residential zone, then 12 feet.

(7) Maximum building height: 35 feet. For manufactured home structures: single story of 25 feet.

(8) Maximum lot coverage: No limitation.

(9) Exemptions. Public parking lots are exempt from the density provisions of the PF zone; provided, that other provisions of this title shall apply. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.800 Landscaping requirements.

(1) Design shall be in accordance with the provisions of the Oak Harbor design guidelines.

(2) Landscaping and buffers shall be constructed and maintained in accordance with the provisions of Chapter 19.46 OHMC. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.805 Site plan and design review required.

Site plan and design review shall be required as defined in Chapter 19.48 OHMC. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

Article XVI. OS – Open Space, Recreation and Agriculture

19.20.810 Purpose and intent.

The OS open space, recreation and agriculture district is intended to allow the retention of areas of natural and rural character, and open space areas within the city of Oak Harbor. The district should also allow for annexation of lands to the city without forcing immediate development, and generally conserve the land, water and other natural resources of the city. Further, the OS district is intended to help prevent development of special community resources such as golf courses, wetlands, forest land and farming areas having scenic and other environmental value. Except for special circumstances, it is anticipated that this district will be used only for land brought into the city by annexation or for which special tax considerations are already provided by Island County. (Ord. 1969 § 1, 2023; Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.830 Density provisions.

In an OS district, the following density provisions apply:

(1) Setbacks for any structure shall be 25 feet from any property line;

(2) Maximum building height: 35 feet. (Ord. 1969 § 1, 2023; Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.835 Conditions governing uses.

(1) As a condition to continued designation as “open space,” for any use other than agricultural and residential, the owner shall enter into an agreement with the city allowing public or semi-public access under mutually agreed terms and conditions.

(2) Any hard surface parking or roads must be accessory to a permitted use.

(3) Outdoor use such as golf, shooting range or similar is permitted if the land is left in its natural vegetated state.

(4) For existing agricultural use, no indoor growing operations are permitted in structures over 600 square feet in building area.

(5) Campground on tracts or lots of more than two acres. More than 80 percent of the area must not be hard-surfaced (paved) or in buildings or both such buildings and hardsurfaced areas. Areas not hard-surfaced in a building must be in natural vegetation.

(6) Private club or lodge on tracts or lots of more than four acres. More than 60 percent of the area must not be hard-surfaced (paved) in building or both building and hard-surfaced area. Areas not hard-surfaced must be in natural vegetation.

(7) Radio or television tower where 80 percent of the area must not be hard-surfaced (paved) or in buildings or both such buildings and hard-surfaced areas. Areas not hard-surfaced in a building must be in natural vegetation. (Ord. 1969 § 1, 2023; Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

19.20.840 Site plan and design review required.

Site plan and design review shall be required as defined in Chapter 19.48 OHMC. (Ord. 1969 § 1, 2023; Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009).

Article XVII. Maritime

19.20.900 Purpose and intent.

(1) The purpose of this zoning district is to accommodate water-dependent, water-related and water-enjoyment uses. These water-dependent and -related uses shall be clean industrial uses such as boat building, sail making, water-dependent transportation, warehousing, and other uses that do not include processes that generate byproducts that need to be discharged into the air or water. The intent of this district is to also accommodate commercial uses, to support and energize activity in this area. Since parking is limited in this area, the district should permit uses that are less dependent on automobiles, and promote the use of alternate modes of transportation. Considerations must be given to limit parking in this district to conserve land for buildings and activities. (Ord. 1745 § 1, 2015).

19.20.930 Density provisions.

(1) In the maritime district the following density provisions apply:

(a) Minimum lot area, no limitation;

(b) Minimum lot width, no limitation;

(d) Maximum height: 35 feet, 55 feet for water-dependent structures;

(e) Lots within 200 feet of the ordinary high water mark must meet the development standard requirements of the shoreline master program;

(f) Parking. There shall be no required parking for permitted and accessory uses. Bicycle racks shall be provided in accordance with the design guidelines and regulations. If parking is provided, it shall not exceed the minimum required and shall meet the parking space size and access requirements of OHMC 19.44.110. Parking may be required for conditional uses. The number of parking spaces shall be determined by special studies and reduced to the minimum needed or available. (Ord. 1745 § 1, 2015).

19.20.940 Conditions governing permitted uses.

(1) All principal uses permitted outright in the maritime district shall meet the following conditions:

(a) Uses permitted in this district shall not include processes that generate byproducts that need to be discharged into the air or water.

(b) The use of property must not result in the creation of offensive odors and offensive or harmful quantities of dust, smoke, exhaust fumes, noise or vibration.

(c) Landscaping and buffers between commercial and industrial uses shall be constructed and maintained in accordance with the provisions of Chapter 19.46 OHMC.

(d) Uses that are intended for storage or warehousing are not permitted to store materials that are considered hazardous, toxic or environmentally damaging.

(e) If located within 200 feet of the shoreline OHM, development standards established in the shoreline master program shall be incorporated.

(f) In the event that the requirements of this chapter contradict with the shoreline master program, the more restrictive shall apply.

(g) Adhere to the design guidelines and regulations. (Ord. 1745 § 1, 2015).

19.20.950 Site plan and design review required.

(1) Site plan and design review shall be required as per Chapter 19.48 OHMC. (Ord. 1745 § 1, 2015).

Article XVIII. Permitted Land Use Matrix by Zone District

19.20.1000 Purpose and intent.

The purpose of this article is to provide a comprehensive listing of the permitted uses within individual zone districts in the city of Oak Harbor. (Ord. 1969 § 1, 2023; Ord. 1932 § 2, 2021).

19.20.1005 Permitted uses.

Uses listed as permitted within the land use matrix shall be developed to the standards of the underlying zone district, permit process and applicable design criteria found within this code and design regulations and guidelines document. (Ord. 1969 § 1, 2023; Ord. 1932 § 2, 2021).

19.20.1010 Accessory uses.

Uses customarily incidental and subordinate to a use permitted outright on properties subject to the standards and density requirements of the underlying zoning including, but not limited to:

(1) Sheds, storage buildings, greenhouses, garages, shops or similar structures up to 600 square feet in building area.

(2) Noncommercial gardening or horticultural activities and structures.

(3) Parking areas subject to the standards of Chapter 19.44 OHMC, operated in conjunction with a permitted use.

(4) Radio, TV, microwave antenna subject to setback and height standards of the underlying zone district.

(5) Home occupations subject to standards of Chapter 19.34 OHMC.

(6) Utilities as part of a permitted development.

(7) For an agricultural use, a set of farm buildings including a single-family residence. Nothing herein shall be construed as authorizing the keeping of domestic livestock beyond what is otherwise authorized by ordinance.

(8) For forest land, a storage building in which to store items needed for tree management.

(9) For recreation land, storage buildings, signs, club house and caretaker’s residence.

(10) On-site hazardous waste treatment and storage facilities as an accessory use to an activity generating hazardous waste and lawfully allowed in the zone; provided, that such facilities meet the state siting criteria adopted pursuant to the requirements of RCW. (Ord. 1969 § 1, 2023; Ord. 1969 § 1, 2023; Ord. 1932 § 2, 2021).

19.20.1020 Conditional uses.

Uses listed as conditional within the land use matrix shall be subject to the standards of Chapter 19.67 OHMC and all other applicable standards of the underlying zone district. In the CBD district, there shall be no manufacturing, compounding, processing or treatment of products other than that which is essential to the retail store or business where all such products are sold on the premises; and uses conditionally permitted in the CBD are open, utilized or otherwise operational during regular business hours at least five days per week. (Ord. 1969 § 1, 2023; Ord. 1932 § 2, 2021).

19.20.1030 Prohibited uses.

The following uses are prohibited:

(1) All uses or activities which would require extraordinary equipment, devices or technology for the control of odors, dust, fumes, smoke, noise or other wastes and/or byproducts which, if uncontrolled, would contaminate the environment to a degree unacceptable by contemporary community standards;

(2) Uses which would exceed the acceptable limits established by competent and recognized public and quasi-public agencies for the protection of industrial and/or environmental health;

(3) Uses not specifically outlined in the following matrix, or interpreted by the director to be of greater impact than listed permitted uses. Such an interpretation may be appealed per the standards of OHMC 18.20.180(3). (Ord. 1969 § 1, 2023; Ord. 1932 § 2, 2021).

19.20.1040 Uses in shoreline jurisdiction.

Those uses proposed in the shoreline jurisdiction shall follow the standards of the underlying zoning district as well as applicable standards within the city of Oak Harbor shoreline master program. (Ord. 1969 § 1, 2023; Ord. 1932 § 2, 2021).

19.20.1050 Permitted uses.

The following matrix lists uses within all zone districts. Cells marked with the letter “P” shall be considered a permitted use; “C” a conditional use; “W” a water-dependent use; and those with “X” indicate a use permitted when at least 250 feet from a residentially zoned property and conditional when within that distance.

	PRE	R-1	R-2	R-3	R-4	RO	CBD	C-1	C-3	C-4	C-5	I	PF	M	OS
Accessory dwelling unit	P	P	P
Amusement or entertainment, major							C		P		P	P
Amusement or entertainment, minor							P	P	P		P	P
Animal hospital/veterinary clinic									P		P	P
Assisted living facility or group home		C	C	C	C	C
Automobile repair									P			P
Automobile sales and service									P	P		P
Automobile service station including self service								P	P	P	P	P
Bar, tavern or cocktail lounge							P		P		P	P		P
Bed and breakfast inn							P	P	P		P	P
Bed and breakfast rooms		C	C				P	P	P		P	P
Boat and RV sales and repair										P		P		W
Brew pub							P		P		P	P		P
Campground													C		C
Car wash									P	P		P
Cement and asphalt plants												P
Cemetery, mausoleum, mortuary or crematorium		C	C	C	C	C			C	C		C
Churches, rectories, convents or similar		C	C	C	C	C		C	C		C	C	P
College or parochial school and supporting dormitory		C	C	C	C	C		C	C	C	C	C
Community services		C	C	C	C	C							P
Conference center						C	C		P		P	P	P	C
Dog kennel												P
Enclosed public utility or communications facility		C	C	C	C	C	C	C	C	C	C	C
Equipment rental										P		P
Excavations, other than simple foundation		C	C	C	C	C		C	C		C	C
Extended stay motel									P
Forest, wetland, or other natural land	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P
Fuel yard									C			C
Golf course		C	C	C	C	C									C
Government facilities		C	C	C	C	C	C	C	C	C	C	C	P	P
Gymnasium or stadium in connection with a school				C	C	C			C			C
Health club or training facility					C	C	P	P	P		P	P
Hospital		C	C	C	C	C
Hotel and motel							P		P		P			C
Landfills, reclamation to improve steep, low or otherwise unusable land		C	C	C	C	C		C	C		C	C	C
Light industrial												P		W
Marijuana-related uses subject to Chapter 19.22 OHMC										P		P
Marina, float plane or boat launch facility														P
Medical or dental clinic						P	P	P	P		P	P
Mixed-use, horizontal						P			P		P
Mixed-use, vertical							P	P	P		P
Mobile and modular home sales									C	P		P
Museums							P	P	P		P	P	P
Off-site hazardous waste treatment/storage facilities												C
Outdoor use/storage						C	C	C	C	P	C	P	P	P
Parking lots or garages not a part of a permitted use		C	C	C	C	C	C	C	C	C	C	C	C
Private nursery school, day care or kindergarten,								P	P		P	P
Private nursery school, foster home, kindergarten, or child day care, not qualifying as a home occupation		C	C	C	C	C	C		C		C	C
Private park or clubhouse		C	C	C	C	C						P	C	P	C
Professional offices						P	P	P	P		P	P
Public and private schools													P
Public parks		P											P	P	P
Public school		C	C	C	C	C
Public transportation shelter stations		C	C	C	C	C	C	C	C	C	C	C	C
Public utilities												P	C		C
Caretaker’s quarters							C	C	C	C	C	C	P
Radio and television broadcasting towers		C	C	C	C	C				C					C
Residential, planned residential development subject to Chapter 19.31 OHMC	P	P	P	P	P	P
Residential, duplexes		C	P	P	P	P
Residential, manufactured home subdivision under OHMC 19.08.565		P	P	P	P	P
Residential, multifamily			P	P	P	P
Residential, single-family	P	P	P
Restaurant, including sidewalk cafes						C	P	P	P	P	P	P		W
Restaurants, with drive-through									X	X	X	X
Retail farm and garden supplies and nursery, major									P	P	P	P
Retail farm and garden supplies and nursery, minor							P	P	P		P
Retail sales, major									P		P	P		W
Retail sales, minor							P	P	P		P	P		P
Retail service, major									X	X	X	X
Retail service, minor							P	P	P	P	P	P
Retail workshop							P	P	P	P	P
Self-storage facilities										P		P		W
Skilled nursing facility		C	C	C	C	C
Transmission lines and other primary facilities														C	C
Vocational and tech schools												P
Warehousing and distribution centers												P
Wholesale warehouse or storage establishments									C			C
Wrecking yard												C
Uses as defined by the planning director to be similar to other permitted uses allowed in the district	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P
Uses as defined by the planning director to be similar to other conditional uses in the district	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C

(Ord. 1974 § 6, 2024; Ord. 1969 § 1, 2023; Ord. 1932 § 2, 2021).