189  (Cannon Beach Supp. No. 8, 6 -05) 
Title 17 
 
ZONING* 
 
Chapters: 
17.02  General Provisions 
17.04  Definitions  
17.06  Zoning Districts Established 
17.08  Residential Very Low Density (RVL) Zone 
17.10  Residential Lower Density (RL) Zone 
17.12  Residential Moderate Density (R1) Zone 
17.14  Residential Medium Density (R2) Zone 
17.16  Residential High Density (R3) Zone 
17.18  Residential Alternative/ Manufactured Dwelling 
(RAM) Zone 
17.20  Residential Motel (RM) Zone 
17.22  Limited Commercial (C1) Zone 
17.24  General Commercial (C2) Zone 
17.26  Manufactured Dwelling and Recreational 
Vehicle Park (MP) Zone 
17.28  Open Space/Recreation (OSR) Zone 
17.30  Estuary (E) Zone 
17.32  Park Management (PK) Zone 
17.34  Open Space (OS) Zone 
17.36  Institutional (IN) Zone 
17.38  Flood Hazard Overlay (FHO) Zone 
17.40  Planned Devel  
17.42  Oceanfront Management Overlay (OM) Zone 
17.43  Wetlands Overlay (WO) Zone 
17.44  Design Review Procedures and Criteria 
17.46  Impact Assessment Procedure 
17.48  Resource Capability Determination 
   
  190  (Cannon Beach Supp. No. 8, 6 -05) 
17.50  Development Requirements for Potential 
Geologic Hazard Areas 
17.52  Dune Construction Standards 
17.54  Accessory Uses Generally 
17.56  Signs  
17.60  Cluster Development 
17.62  Grading, Erosion and Sedimentation Control 
17.64  Setback Reduction 
17.66  Buffering and Screening Requirements 
17.68  Manufactured Dwelling Standards 
17.70  Tree Removal 
17.71  Stream Corridor Protection 
17.72  Historic Site Protection 
17.74  Bed and Breakfast Establishments 
17.75  Wireless Communication Facilities (WCF) 
17.77  Short-Term Rental of Dwelling Units 
17.78  Off-Street Parking and Loading 
17.80  Conditional Uses 
17.82  Nonconforming Lots, Uses and Structures?
Pre-Existing Uses 
17.84  Variances 
17.86  Amendments 
17.88  Public Deliberations and Hearings 
17.90  General Requirements and Regulations 
17.92  Administrative Provisions 
17.94  Enforcement 
 
*  Prior Ordinance History: Ord. 79-4A as amended by Ords. 780-1, 80-6, 81-1, 81-3, 
81-16, 81-18, 81-20, 82-3, 82-5, 82-7, 82-10, 82-11, 82-12, 82-13, 82-15, 82-17, 
83-12, 83-13, 83-20, 84-3, and 84-7. 
 
  17.02.010 
  191  (Cannon Beach 10-04) 
 
Chapter 17.02 
 
GENERAL PROVISIONS 
 
Sections: 
17.02.010  Title. 
17.02.020  Purpose. 
17.02.030  Interpretation. 
17.02.040  Severability. 
 
17.02.010  Title. 
  The ordinance codified in this title is 
known and may be cited as the ?Zoning 
Ordinance of Cannon Beach, Oregon.? 
(Ord. 79-4 ? 1 (1.010)) 
 
17.02.020  Purpose. 
  The purpose of this title is to encourage 
appropriate and orderly physical 
development in the city through standards 
for provision of adequate open space for 
light and air, desired levels of population 
density, workable relationships of land 
uses to the transportation system, adequate 
community facilities, assurance of 
opportunities for effective utilization of 
land, and to promote in other ways public 
health, safety, convenience and general 
welfare. (Ord. 79-4 ? 1 (1.020))  
 
17.02.030  Interpretation. 
  Where the conditions imposed by any 
provisions of this title are less restrictive 
than comparable conditions imposed by 
any other provisions of this title, resolution 
or comprehensive plan, the provisions 
which are more restrictive shall govern. 
(Ord. 79-4 ? 1 (12.010)) 
 
17.02.040  Severability. 
  The provisions of this title are severable. 
If any section, sentence, clause or phrase of 
this title is adjudged by a court of 
competent jurisdiction to be invalid, the 
decision shall not affect the validity of the 
remaining portions of this title. (Ord. 79-4 
? 1 (12.020)) 
 
Chapter 17.04 
 
DEFINITIONS 
 
Sections: 
17.04.005  Access. 
17.04.008  Accessory dwelling. 
17.04.010  Accessory structure, use. 
17.04.015  Adult day care center. 
17.04.025  Alley. 
17.04.030  Alteration. 
17.04.035  Alteration, structural. 
17.04.040  Alteration, temporary. 
17.04.045  Amusement arcade. 
17.04.050  Amusement device. 
17.04.055  Aquaculture. 
17.04.057  Basement. 
17.04.060  Beach. 
17.04.065  Bed and breakfast. 
17.04.070  Boarding, lodging or 
rooming house. 
17.04.075  Bridge crossing. 
17.04.080  Bridge crossing support 
structures. 
17.04.085  Building. 
17.04.087  Building coverage. 
17.04.090  Building height. 
17.04.095  Building line. 
17.04.100  Bulk. 
17.04.105  Bulkhead. 
17.04.110  Business. 
  17.02.040 
  192  (Cannon Beach 10-04) 
17.04.115  City. 
17.04.118  Compensatory 
mitigation. 
17.04.120  Condominium. 
17.04.125  Cottage industry. 
17.04.130  Day care center. 
17.04.132  Deflation plain. 
17.04.135  Density, net. 
17.04.140  Dike. 
17.04.145  Dock. 
17.04.150  Dredging. 
17.04.155  Dune. 
17.04.160  Dune, active. 
17.04.165  Dune, conditionally 
stable. 
17.04.167  Dune grading, remedial. 
17.04.170  Dune, older stabilized. 
17.04.175  Dune, open sand. 
17.04.180  Dune, recently 
stabilized. 
17.04.185  Dune, younger 
stabilized. 
17.04.190  Dwelling, apartment or 
multiple-family. 
17.04.195  Dwelling, duplex or two 
family. 
17.04.198  Dwelling, owner-
occupied. 
17.04.200  Dwelling, single -family 
attached. 
17.04.205  Dwelling, single -family 
or one-family. 
17.04.210  Dwelling unit. 
17.04.215  Enclosed recreation 
uses. 
17.04.220  Estuarine enhancement. 
17.04.225  Estuarine fill. 
17.04.227  Excavation. 
17.04.230  Family. 
17.04.235  Family day care center. 
17.04.240  Fence. 
17.04.245  Floor area ratio. 
17.04.250  Foredune, active. 
17.04.252  Foredune breaching. 
17.04.255  Foredune, conditionally 
stable. 
17.04.257  Foredune grading. 
17.04.260  Foredune, older. 
17.04.265  Formula food 
restaurant. 
17.04.270  Frontage. 
17.04.275  Grade, ground level. 
17.04.277  Grading. 
17.04.280  Grazing. 
17.04.283  Gross floor area. 
17.04.285  Guest house. 
17.04.290  Hedge. 
17.04.295  Home occupation. 
17.04.300  Horticulture. 
17.04.302  Interdune area. 
   
  193  (Cannon Beach Supp. No. 8, 6 -05) 
17.04.305  Kennel. 
17.04.307  Kitchen. 
17.04.310  Landscaping. 
17.04.312  Limited manufacturing. 
17.04.315  Lot. 
17.04.320  Lot abutting the 
oceanshore. 
17.04.325  Lot area. 
17.04.330  Lot, corner. 
17.04.335  Lot coverage. 
17.04.340  Lot depth. 
17.04.345  Lot, interior. 
17.04.350  Lot line. 
17.04.355  Lot line, front. 
17.04.360  Lot line, rear. 
17.04.365  Lot line, side. 
17.04.370  Lot, through. 
17.04.375  Lot width. 
17.04.380  Manufactured dwelling. 
17.04.385  Manufactured dwelling 
park. 
17.04.390  Mitigation. 
17.04.395  Modular housing. 
17.04.400  Motel. 
17.04.405  Motel rental unit. 
17.04.410  Nonconforming 
structure or use. 
17.04.412  Nonstructural shoreline 
stabilization program. 
17.04.415  Ocean flooding. 
17.04.420  Outdoor merchandising. 
17.04.425  Owner. 
17.04.430  Parking space. 
17.04.432  Park trailer. 
17.04.435  Permit. 
17.04.440  Person. 
17.04.445  Piling. 
17.04.447  Private parking lot. 
17.04.448  Protected wetland. 
17.04.450  Public need. 
17.04.455  Recreational vehicle. 
17.04.460  Recreation vehicle park. 
17.04.463  Recycling facility. 
17.04.467  Reload facility. 
17.04.470  Residential facility. 
17.04.475  Residential home. 
17.04.480  Resource capability. 
17.04.485  Restoration. 
17.04.490  Restoration, active. 
17.04.495  Restoration, estuarine. 
17.04.500  Restoration, passive. 
17.04.505  Riparian. 
17.04.507  Riparian vegetation. 
17.04.510  Rip-rap. 
17.04.515  Scale. 
17.04.520  Shoreland stabilization. 
17.04.525  Sign or sign related 
definitions. 
17.04.530  Solar access. 
17.04.533  Stabilizing vegetation. 
17.04.534  Stream. 
17.04.535  Street. 
17.04.540  Structure. 
17.04.545  Timeshare 
condominium. 
17.04.550  Transient merchant. 
17.04.552  Transient rental 
occupancy. 
17.04.555  Tree. 
17.04.560  Tree removal. 
17.04.562  Use. 
17.04.563  Vacation home rental 
occupancy. 
17.04.564  Vehicle trip. 
17.04.566  Wetland. 
17.04.567  Wetland buffer area. 
17.04.568  Wetland delineation. 
17.04.569  Wood waste processing. 
17.04.570  Yard. 
17.04.575  Yard, front. 
   
  194  (Cannon Beach Supp. No. 8, 6 -05) 
17.04.578  Yard, ocean. 
17.04.580  Yard, rear. 
17.04.585  Yard, side. 
17.04.590  Yard, street side. 
 
17.04.005  Access. 
  ?Access? means the way or means by 
which pedestrians and vehicles enter and 
leave the property. (Ord. 86-16 ? 1(1): Ord. 
86-10 ? 1(1)) 
 
17.04.008  Accessory dwelling. 
  ?Accessory dwelling? means an 
attached or detached dwelling unit which is 
located on the same lot on which a single-
family dwelling, modular dwelling or 
manufactured dwelling is located (the 
primary residence) and which is rented 
only for periods of thirty calendar days or 
more. (Ord. 95-8 ? 3) 
 
17.04.010  Accessory structure, use. 
  ?Accessory structure? or ?accessory 
use? means a structure or use incidental 
and subordinate to the main use of property 
and located on the same lot as the main 
use. (Ord. 86-16 ? 1(2): Ord. 86-10 ? 1(2)) 
 
17.04.015  Adult day care center. 
  ?Adult day care center? means a facility 
where care is provided to adults for part of 
the twenty-four hours of the day in the 
home of the person providing the care. 
(Ord. 89-3 ? 1 (part)) 
 
17.04.025  Alley. 
  ?Alley? means a minor way which is 
used primarily for vehicular service access 
to the back or side of properties otherwise 
abutting on a street. (Ord. 86-16 ? 1(3): 
Ord. 86-10 ? 1(3)) 
17.04.030  Alteration. 
  ?Alteration? means a change in 
construction or a change of occupancy. 
Where the term ?alteration? is applied to a 
change of construction, it is intended to 
apply to any change, addition, or 
modification in construction. When the 
term is used in connection with a change of 
occupancy, it is intended to apply to 
changes of  occupancy from one trade or 
use to another or from one division of trade 
or use to another. (Ord. 86-16 ? 1(4): Ord. 
86-10 ? 1(4)) 
 
17.04.035  Alteration, structural. 
  ?Structural alteration? means a change 
or repair which would tend to prolong the 
life of  the supporting members of a 
building or structure, such as alteration of 
bearing walls, foundation, columns, beams 
or girders. In addition, any change to the 
external dimensions of the building shall 
be considered a structural extension. (Ord. 
86-16 ? 1 (5): Ord. 86-10 ? 1(5)) 
 
17.04.040  Alteration, temporary. 
  ?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 to establish mitigation 
sites, estuarine enhancement, and alteration 
for bridge construction or repair, and 
   
  195  (Cannon Beach Supp. No. 8, 6 -05) 
  2.  Minor structures (such as blinds) 
necessary for research and educational 
  17.04.040 
  194-1  (Cannon Beach Supp. No. 8, 6 -05) 
observation. (Ord. 86-16 ? 1(6): Ord. 86-
10 ? 1(6)) 
17.04.040 
17.04.045  Amusement arcade. 
  ?Amusement arcade? means any 
business location at which more than four 
amusement devices are located. (Ord. 88-
12 ? 1 (part)) 
 
17.04.050  Amusement device. 
  ?Amusement device? means any 
mechanical, electronic, mechanical
electronic or non-mechanical mechanism 
which is designed for the amusement of 
players or operators and is complete in 
itself having as its purpose the production 
or creation of a game of skill, amusement, 
entertainment or test of strength, includ- 
 
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  17.04.055 
  195  (Cannon Beach 10-04) 
ing, but not limited to video games of any 
types, shuffleboard, coin-operated devices 
utilizing tables, boards or cases of any size 
whatever, balls, sticks, cues, pegs or 
marbles, and whether or not any 
motivating force involved is furnished by 
the player or device. (Ord. 88-12 ? 1 (part)) 
 
17.04.055  Aquaculture. 
  ?Aquaculture? means the raising, 
feeding, planting and harvesting of fish and 
shellfish, and associated facilities 
necessary for that use. (Ord. 86-16 ? 1 (7): 
Ord. 86-10 ? 1 (7)) 
 
17.04.057  Basement. 
  ?Basement? means that portion of a 
building which is partially or completely 
below grade, but not including a crawl 
space. (Ord. 03-7 ? 4) 
 
17.04.060  Beach. 
  ?Beach? means gently sloping areas of 
loose material (e.g., sand, gravel, cobbles) 
that extend landward from the low water 
line (extreme low tide) to a point where 
there is a definite change in the material 
type or landform or to the line of year-
round established vegetation. In most 
cases, the line of vegetation is followed by 
the Oregon Beach Coordinate or zone line, 
as defined by ORS 390.770. Where the 
vegetation line is eastward or landward of 
the coordinate line, the eastward line of the 
beach shall be the actual line of vegetation. 
(Ord. 86-16 ? 1 (8): Ord. 86-10 ? 1 (8)) 
 
17.04.065  Bed and breakfast. 
  ?Bed and breakfast? is an owner 
occupied dwelling where no more than two 
rooms are available for transient lodging. 
(Ord. 92-11 ? 1: Ord. 86-16 ? 1 (9): Ord. 
86-10 ? 1 (9)) 
 
17.04.070  Boarding, lodging or 
rooming house. 
  ?Boarding, lodging or rooming house? 
means a building where lodging with or 
without meals is provided for 
compensation for not less than three nor 
more than fifteen persons in addition to 
members of the family occupying such 
building. (Ord. 86-16 ? 1 (10): Ord. 86-10 
? 1 (10)) 
 
17.04.075  Bridge crossing. 
  ?Bridge crossing? means the portion of 
a bridge spanning a waterway or wetlands, 
not including supporting structures or fill. 
(Ord. 86-16 ? 1 (11): Ord. 86-10 ? 1 (11)) 
 
17.04.080  Bridge crossing support 
structures. 
  ?Bridge crossing support structures? 
means piers, pilings and similar structures 
necessary to support a bridge span but not 
including fill for causeways or approaches. 
(Ord. 86-16 ? 1 (12): Ord. 86-10 ? 1 (12)) 
 
17.04.085  Building. 
  ?Building? means a structure built for 
the support, shelter or enclosure of persons, 
animals or property of any kind. (Ord. 86-
16 ? 1 (13): Ord. 86-10 ? 1 (13)) 
 
17.04.087  Building coverage. 
  ?Building coverage? means the portion 
of the lot area that is covered by buildings. 
The area of the buildings shall be measured 
at their exterior perimeter. Buildings 
  17.04.090 
  196  (Cannon Beach 10-04) 
include dwellings, accessory structures, 
garages and carports. (Ord. 92-11 ? 5) 
 
17.04.090  Building height. 
  ?Building height? means the vertical 
distance measured from the average 
elevation of existing grade to the highest 
point of the roof surface of a flat roof, to 
the top of a mansard roof, or to the mean 
height level between the eaves and the 
ridge for a pitched roof. Average elevation 
of existing grade shall be measured at the 
vertical projection of the enclosed building 
space. (Ord. 86-16 ? 1 (14): Ord. 8610 ? 1 
(14)) 
 
17.04.095  Building line. 
  ?Building line? means a horizontal line 
that coincides with the front side of the 
main building. (Ord. 86-16 ? 1 (15): Ord. 
86-10 ? 1 (15)) 
 
17.04.100  Bulk. 
  ?Bulk? means cubic volume of building. 
(Ord. 86-16 ? 1 (16): Ord. 86-10 ? 1 (16)) 
 
17.04.105  Bulkhead. 
  ?Bulkhead? means a vertical wall of 
steel, timber or concrete piling. (Ord. 86-
16 ? 1 (17): Ord. 86-10 ? 1 (17)) 
 
17.04.110  Business. 
  ?Business? means any commercial or 
noncommercial activity, service or 
institution or governmental unit. (Ord. 86-
16 ? 1 (18): Ord. 86-10 ? 1 (18)) 
 
17.04.115  City. 
  ?City? means the city of Cannon Beach, 
Oregon. (Ord. 86-16 ? 1 (19): Ord. 86-10 ? 
1 (19)) 
 
17.04.118  Compensatory mitigation. 
  ?Compensatory mitigation? means  the 
creation, restoration or enhancement of a 
wetland area to maintain the functional 
characteristics and processes of the 
wetland system, such as its natural 
biological productivity, habitats, aesthetic 
qualities, species diversity, open space, 
unique features and water quality. (Ord. 
94-29 ? 1 (part)) 
 
17.04.120  Condominium. 
  ?Condominium? means a multiple 
family dwelling, duplex or single unit, in 
which the dwelling units are individually 
owned, with each owner having a 
recordable deed enabling the unit to be 
sold, mortgaged or exchanged 
independently, under the provisions of 
Oregon Revised Statutes. (Ord. 86-16 ? 1 
(20): Ord. 86-10 ? 1 (20)) 
 
17.04.125  Cottage industry. 
  ?Cottage industry? means a small 
business activity which may involve the 
provision of services or manufacture and 
sale of products, is carried on by a member 
of the family living on the premises with 
no more than one other person employed 
by the family member, and is not 
detrimental to the overall character of the 
neighborhood. (Ord. 86-16 ? 1 (21): Ord. 
86-10 ? 1 (21)) 
 
  17.04.130 
  197  (Cannon Beach 10-04) 
17.04.130  Day care center. 
  ?Day care center? means a facility other 
than the residence of the day care provider, 
which receives three or more children for a 
part of the twenty-four hours of the day for 
the purpose of providing care and board 
apart from the children?s parents or 
guardians. (Ord. 89-3 ? 1 (part)) 
 
17.04.132  Deflation plain. 
  ?Deflation plain? means an interdune 
area which is windscoured to the height of 
the summer water table. (Ord. 94-08 ? 3 
(part)) 
 
17.04.135  Density, net. 
  ?Net density? means the number of 
dwelling units per unit of land expressed as 
the number of square feet of land per 
dwelling unit. The net density for any lot is 
computed by dividing the net square 
footage of the parcel by the number of 
dwelling units. The net square footage is 
determined by subtracting from the total 
square footage of the parcel that which is 
deemed necessary for street dedication and 
that area used for private streets and 
common driveways, if any. (Ord. 86-16 ? 
1(22): Ord. 86-10 ? 1 (22)) 
 
17.04.140  Dike. 
  ?Dike? is a structure designed and built 
to prevent inundation of a parcel of land by 
water. (Ord. 86-16 ? 1(23): Ord. 86-10 ? 1 
(23)) 
 
17.04.145  Dock. 
  ?Dock? means a pier or secured float or 
floats for boat tie-up or other water use, 
often associated with a specific land use on 
the adjacent shoreland. (Ord. 86-16 ? 1 
(24): Ord. 86-10 ? 1(24)) 
 
17.04.150  Dredging. 
  ?Dredging? means the removal of 
sediment or other material from a stream, 
river, estuary or other aquati
purpose of deepening a navigational 
channel or other purposes. (Ord. 86-16 ? 
1(25): Ord. 86-10 ? 1(25)) 
 
17.04.155  Dune. 
  ?Dune? means a hill or ridge of sand 
built up by wind along sandy coasts. (Ord. 
86-16 ? 1(26)(part): Ord. 86-10 ? 1 
(26)(part)) 
 
17.04.160  Dune, active. 
  ?Active dune? means a dune that 
migrates, grows and diminishes from the 
force of wind and supply of sand. Active 
dunes include all open sand dunes, active 
hummocks and active foredunes. (Ord. 86-
16 ? 1(26)(part): Ord. 86-10 ? 1(26)(part)) 
 
17.04.165  Dune, conditionally stable. 
  ?Conditionally stable dune? means a 
dune presently in a stable condition, but 
vulnerable to becoming active due to 
fragile vegetative cover. (Ord. 86-16 ? 
1(26)(part): Ord. 86-10 ? 1(26)(part)) 
 
17.04.167  Dune grading, remedial. 
  ?Remedial dune grading? means grading 
that is undertaken on an active dune in 
order to protect existing improvements 
from the effects of wind-borne sand. The 
grading is intended to remedy the effect of 
sand inundation that has already occurred. 
(Ord. 94-08 ? 3 (part)) 
  17.04.170 
  198  (Cannon Beach 10-04) 
 
17.04.170  Dune, older stabilized. 
  ?Older stabilized dune? means a dune 
that is stable from wind erosion and that 
has significant soil development and that 
may include diverse forest cover. May 
include older foredunes. (Ord. 86-16 ? 
1(26)(part): Ord. 86-10 ? 1(26)(part)) 
 
17.04.175  Dune, open sand. 
  ?Open sand dune? means a collective 
term for active, unvegetated dune land 
forms. (Ord. 86-16 ? 1(26)(part): Ord. 86-
10 ? 1(26)(part)) 
 
17.04.180  Dune, recently stabilized. 
  ?Recently stabilized dune? means a 
dune with sufficient vegetation to be 
stabilized from wind erosion, but with 
little, if any, development of soil or 
cohesion of sand under the vegetation. 
Recently stabilized dunes include 
conditionally stable foredunes, 
conditionally stable dunes, dune complexes 
and younger stabilized dunes. (Ord. 86-16 
? 1(26)(part): Ord. 86-10 ? 1 (26)(part)) 
 
17.04.185  Dune, younger stabilized. 
  ?Younger stabilized dune? means a 
wind stable dune with weakly developed 
soils and vegetation. (Ord. 86-16 ? 
1(26)(part): Ord. 86-10 ? 1(26)(part)) 
 
17.04.190  Dwelling, apartment or 
multiple-family. 
  ?Apartment or multiple-family 
dwelling? means a building or portion 
thereof, designed for occupancy by three or 
more families living independently of each 
other. (Ord. 86-16 ? 1(31): Ord. 86-10 ? 
1(31)) 
 
17.04.195  Dwelling, duplex or two-
family. 
  ?Duplex or two-family dwelling? means 
a building, or buildings, containing two 
dwelling units with or without a common 
wall or ceiling and where there are no 
direct interior connecting doorways. (Ord. 
03-7 ? 1: Ord. 95-8 ? 2: Ord. 92-11 ? 2: 
Ord. 90-10 ? 1 (Appx. A ? 1(3)): Ord. 86-
16 ? 1(30): Ord. 86-10 ? 1(30)) 
 
17.04.198  Dwelling, owneroccupied. 
  ?Owner-occupied dwelling? means a 
dwelling that is the residence of the person 
that is the owner of the lot on which the 
dwelling is located, as indicated by the 
records of the county assessor. Residence 
is defined to mean the place where a 
person resides a majority of the time 
during a year. (Ord. 92-11 ? 6) 
 
17.04.200  Dwelling, single -family 
attached. 
  ?Single-family attached dwelling? 
means an individually owned single-family 
attached dwelling, such as a townhouse. 
(Ord. 86-16 ? 1(28): Ord. 86-10 ? 1(28)) 
 
17.04.205  Dwelling, single -family or 
one -family. 
  ?Single-family or one-family dwelling? 
means a detached building, other than a 
manufactured home or modular home, 
containing one dwelling unit and not 
including timeshare ownership of that 
dwelling unit. (Ord. 90-10 ? 1 (Appx. A ? 
  17.04.210 
  199  (Cannon Beach 10-04) 
1(2)): Ord. 86-16 ? 1(29): Ord. 86-10 ? 
1(29)) 
 
17.04.210  Dwelling unit. 
  ?Dwelling unit? means a room or group 
of rooms including living, cooking and 
sanitation facilities designed for occupancy 
by one or more persons living as a 
household unit with a common interior 
access to all living, kitchen and bathroom 
areas. No dwelling unit shall have more 
than one kitchen. (Ord. 03-7 ? 2: Ord. 86-
16 ? 1(27): Ord. 86-10 ? 1 (27)) 
 
17.04.215  Enclosed recreation uses. 
  ?Enclosed recreation uses? means active 
sports uses covered by a structure in order 
to provide year-round activity, including 
swimming pools, tennis and handball 
courts and racquetball courts, and no 
others. (Ord. 86-16 ? 1(32): Ord. 86-10 ? 
1(32)) 
 
17.04.220  Estuarine enhancement. 
  ?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 restoration action 
or the creation of additional estuarine 
habitat. (Ord. 86-16 ? 1 (33): Ord. 86-10 ? 
1 (33)) 
 
17.04.225  Estuarine fill. 
  ?Estuarine fill? means the placement by 
man of sediments or other material in an 
aquatic area to create new shorelands or on 
shorelands to raise the elevation of the 
land. (Ord. 86-16 ? 1 (34): Ord. 86-10 ? 1 
(34)) 
 
17.04.227  Excavation. 
  ?Excavation? means the removal of 
earth material. (Ord. 94-29 ? 1 (part)) 
 
17.04.230  Family. 
  ?Family? means an individual or two or 
more persons living together as one 
housekeeping unit and using one kitchen. 
(Ord. 92-11 ? 3: Ord. 86-16 ? 1(35): Ord. 
86-10 ? 1 (35)) 
 
17.04.235  Family day care center. 
  ?Family day care center? means a day 
care facility where care is provided in the 
home of the provider to fewer than thirteen 
children including children of the provider, 
regardless of full- or part-time status. (Ord. 
89-3 ? 1 (part)) 
 
17.04.240  Fence. 
  ?Fence? means a protective or confining 
barrier constructed of wood, masonry or 
wire mesh. Fence does not include hedges 
or other plantings. (Ord. 86-16 ? 1 (36): 
Ord. 86-10 ? 1 (36)) 
 
17.04.245  Floor area ratio. 
  ?Floor area ratio? means the gross floor 
area divided by the lot area and is usually 
expressed as a decimal fraction. (Ord. 90-
11 A ? 1 (Appx. A ? 1 (2)): Ord. 79-4 ? 
1.030 (part)) 
 
17.04.250  Foredune, active. 
  ?Active foredune? means an unstable 
barrier ridge of sand paralleling the beach 
and subject to wind erosion, water erosion 
and growth from new sand deposits. Active 
foredunes may include areas with beach 
  17.04.252 
  200  (Cannon Beach 10-04) 
grass and occur in sandspits and at 
rivermouths as well as elsewhere. (Ord. 86-
16 ? 1(38): Ord. 86-10 ? 1 (38)) 
 
17.04.252  Foredune breaching. 
  ?Foredune breaching? means the 
alteration of the crest of an active foredune 
or a conditionally stable foredune where 
the alteration is not undertaken as part of a 
foredune grading plan. (Ord. 94-08 ? 3 
(part)) 
 
17.04.255  Foredune, conditionally 
stable. 
  ?Conditionally stable foredune? means 
an active foredune that has ceased growing 
in height and that has become conditionally 
stable with regard to wind erosion. (Ord. 
86-16 ? 1 (39): Ord. 86-10 ? 1 (39)) 
 
17.04.257  Foredune grading. 
  ?Foredune grading? means the alteration 
of active dunes in a manner that changes 
their shape or height. Foredune grading is 
intended to be preventive and is undertaken 
primarily for view enhancement. (Ord. 94-
08 ? 3 (part)) 
 
17.04.260  Foredune, older. 
  ?Older foredune? means a conditionally 
stable foredune that has become wind 
stabilized by diverse vegetation and soil 
development. (Ord. 86-16 ? 1 (40): Ord. 
86-10 ? 1 (40)) 
 
17.04.265  Formula food restaurant. 
  ?Formula food restaurant? means a 
restaurant required by contractual or other 
arrangements to offer standardized menus, 
ingredients, food preparation, interior or 
exterior design, or uniforms. (Ord. 86-16 ? 
1 (42): Ord. 86-10 ? 1 (42)) 
 
17.04.270  Frontage. 
  ?Frontage? means property abutting on a 
street. (Ord. 86-16 ? 1 (41): Ord. 86-10 ? 1 
(41)) 
 
17.04.275  Grade, ground level. 
  ?Ground level grade? means the average 
elevation of the existing ground elevation 
before construction at the corner of all 
walls of a building. Where a building has 
more than four corners, the average 
elevation shall be measured from the four 
corners of a square or rectangle that 
encloses the foundation of the proposed 
structure. (Ord. 90-10 ? 1 (Appx. A ? 1 
(4)): Ord. 86-16 ? 1 (43): Ord. 86-10 ? 1 
(43)) 
 
17.04.277  Grading. 
  ?Grading? means any excavation or 
filling or a combination thereof. (Ord. 94-
29 ? 1 (part)) 
 
17.04.280  Grazing. 
  ?Grazing? means the use of land for 
pasture of horses, cattle, sheep, goats 
and/or other domestic herbivorous animals, 
alone or in conjunction with agricultural 
pursuits. (Ord. 86-16 ? 1 (44): Ord. 86-10 
? 1 (44)) 
 
17.04.283  Gross floor area. 
  ?Gross floor area? means the sum, in 
square feet, of the gross horizontal areas of 
all floors of a building, as measured from 
the exterior walls of a building, including 
supporting columns and unsupported wall 
  17.04.285 
  201  (Cannon Beach 10-04) 
projections (except eaves, uncovered 
balconies, fireplaces and similar 
architectural features), or if appropriate, 
from the center line of a dividing wall 
between buildings. Gross f
include:
  a). Garages and carports.  
  b). Entirely closed porches. 
  c). Basement or attic areas determined to 
be habitable by the city?s building official, 
based on the definitions in the building 
code. 
  d). Unhabitable basements areas where 
the finished floor level of the first floor 
above the basement is more than three feet 
above the average existing grade around 
the perimeter of the building?s foundation. 
  In addition the calculation of gross floor 
area shall include the following:
  e).  All portions of the floor area of a 
story where the distance between the 
finished floor and the average of the top of 
the framed walls that support the roof 
system measures more than fifteen feet 
shall be counted as two hundred percent of 
that floor area. (Ord. 03-7 ? 3 : Ord. 93-3 ? 
1: Ord. 90-11 A ? 1 (Appx. A ? 1 (1)): 
Ord. 86-16 ? 1 (37): Ord. 86-10 ? 1 (37)) 
 
17.04.285  Guest house. 
  ?Guest house? means a structure of no 
more than four hundred fifty square feet of 
site area used in conjunction with the main 
building for temporary housing of non-
paying visitors and guests and containing 
no cooking facilities. (Ord. 86-16 ? 1 (46): 
Ord. 86-10 ? 1 (46)) 
 
17.04.290  Hedge. 
  ?Hedge? means any combination of 
nonannual plantings intended to form an 
obstruction to ingress and egress, and 
vision, such planting providing no physical 
or visual space between individual 
plantings and where branches or foliage of 
one planting physically contact adjacent 
plantings. (Ord. 86-16 ? 1 (47): Ord. 86-10 
? 1 (47)) 
 
17.04.295  Home occupation. 
  ?Home occupation? means a business 
which is carried out in a dwelling unit as 
an accessory use to that dwelling unit. 
(Ord. 97-6 ? 1: Ord. 86-16 ? 1 (48): Ord. 
86-10 ? 1 (48)) 
 
17.04.300  Horticulture. 
  ?Horticulture? means the cultivation o
plants, garden crops, tree and/or nursery 
stock. (Ord. 86-16 ? 1 (49): Ord. 86-10 ? 1 
(49)) 
 
17.04.302  Interdune area. 
  ?Interdune area? means the area from 
the toe of the slope of the lee side of a 
foredune to the foreslope of the next dune 
landward. Interdune areas include deflation 
plains. (Ord. 94-08 ? 3 (part)) 
 
17.04.305  Kennel. 
  ?Kennel? means any lot or premises on 
which four or more dogs, more than four 
months of age, are kept. (Ord. 86-16 ? 1 
(50): Ord. 86-10 ? 1 (50)) 
 
17.04.307  Kitchen. 
  ?Kitchen? means a room, or portion of a 
room which is designed, intended or used 
  17.04.310 
  202  (Cannon Beach 10-04) 
for food preparation or cooking. (Ord. 03-7 
? 5) 
 
17.04.310  Landscaping. 
  ?Landscaping? means the total ground 
area of a lot free of permanent structures 
from the ground upward to the sky (areas 
located under projections from buildings as 
provided by Section 17.90.070 may also be 
designated as landscaping). Landscaping 
includes living plant material such as trees, 
grass, bushes, shrubs, flowers and 
nonliving materials such as benches, 
uncovered walkways and courtyards 
consisting of brick, decorative rock or 
other decorative materials. Landscaping 
does not include covered walkways, 
porches, areas under overhanging portions 
of buildings which are in excess of those 
provided by Section 17.90.070, areas under 
bridges and similar areas which are not 
open to the sky. (Ord. 90-3 ? 1: Ord. 86-16 
? 1 (51): Ord. 86-10 ? 1 (51)) 
 
17.04.312  Limited manufacturing. 
  ?Limited manufacturing? means an 
establishment engaged in the on-site 
production, processing, assembling and 
packaging of finished products by 
manufacturing methods which involve only 
the use of hand tools or light mechanical 
equipment and where all operations are 
conducted entirely within an enclosed 
structure and whose operations impose a 
negligible impact on the surrounding 
environment as measured in terms of noise, 
vibration, smoke, dust or pollutants. (Ord. 
98-17 ? 1) 
 
17.04.315  Lot. 
  ?Lot? means a plot, parcel, or tract of 
land. (Ord. 86-16 ? 1 (52): Ord. 86-10 ? 1 
(52)) 
 
17.04.320  Lot abutting the 
oceanshore. 
  ?Lot abutting the oceanshore? means a 
lot which abuts the Oregon Coordinate 
Line or a lot where there is no buildable lot 
between it and the Oregon Coordinate 
Line. (Ord. 86-16 ? 1 (53): Ord. 86-10 ? 1 
(53)) 
 
17.04.325  Lot area. 
  ?Lot area? means the total area of a lot 
measured in a horizontal plane within the 
lot boundary lines exclusive of public and 
private roads, except that the measurement 
of lot area shall not include portions of a 
lot located west of the Oregon Coordinate 
Line. (Ord. 94-08 ? 1: Ord. 90-11A ? 1 
(Appx. A ? 1 (3)): Ord. 86-16 ? 1 (54): 
Ord. 86-10 ? 1 (54)) 
 
17.04.330  Lot, corner. 
  ?Corner lot? means a lot abutting on two 
or more streets, other than an alley, at their 
intersections. (Ord. 86-16 ? 1 (55): Ord. 
86-10 ? 1 (55)) 
 
17.04.335  Lot coverage. 
  ?Lot coverage? means the portion of the 
lot area that is covered with the following 
improvements:
  1.  The area within the exterior 
perimeter of all buildings, including 
dwellings, accessory buildings, garages 
and carports; and 
  17.04.340 
  203  (Cannon Beach 10-04) 
  2.  The area of all structures that are 
thirty inches in height above the existing 
grade, including porches, decks, stairways; 
and 
  3.  Paved or graveled areas designated 
for off-street parking; and 
  4.  That portion of the area of decks, 
less than thirty inches in height above the 
existing grade, patios, courtyards, and 
graveled and paved areas, other than 
designated off-street parking, which 
exceeds twenty-five percent of the 
allowable lot coverage. 
  Lot coverage is expressed as the 
percentage of the lot area that is covered by 
the site improvements listed above. 
  The following improvements shall not 
be included in the calculation of lot 
coverage:
  A.  Projections from buildings such as 
eaves, overhangs and bay windows which 
meet the requirements of Section 
17.90.070, Projections into required yards; 
  B.  Arbors not exceeding one hundred 
twenty square feet in area; and 
  C.  Decks, less than thirty inches in 
height above the existing grade, patios, 
courtyards and graveled and paved areas, 
other than designated off street parking, 
whose total area does not exceed twenty-
five percent of the allowable lot coverage. 
  Example: The lot size is five thousand 
square feet. The allowable lot coverage is 
fifty percent, or two thousand five hundred 
square feet. The proposed site 
improvements are: a house with an area 
within its exterior perimeter of one 
thousand five hundred square feet; a 
graveled parking area of four hundred 
square feet; and decks, less than thirty 
inches above grade with an area of one 
thousand square feet. The deck area that is 
included as part of the lot coverage is 
determined as follows: total deck area less 
that portion which does not exceed twenty-
five percent of the allowable lot coverage 
of two thousand five hundred square feet 
or, 1,000 - 625 (.25 x 2,500) = 375 square 
feet. The lot coverage of the proposed 
development is site improvements (1,500 + 
400 + 375) divided by lot area (5,000) or 
forty-five and one-half percent. (Ord. 92-
11 ? 4: Ord. 86-16 ? 1 (56): Ord. 86-10 ? 1 
(56)) 
 
17.04.340  Lot depth. 
  ?Lot depth? means the average 
horizontal distance between the front lot 
line and the rear lot line. (Ord. 86-16 ? 1 
(57): Ord. 86-10 ? 1 (57)) 
 
17.04.345  Lot, interior. 
  ?Interior lot? means a lot other than a 
corner lot. (Ord. 86-16 ? 1 (58): Ord. 86-10 
? 1 (58)) 
 
17.04.350  Lot line. 
  ?Lot line? means the property line 
abounding a lot. (Ord. 86-16 ? 1 (59): Ord. 
86-10 ? 1 (59)) 
 
17.04.355  Lot line, front. 
  ?Front lot line? means the lot line 
separating the lot from the street, other 
than an alley. In the case of a corner lot, 
the front lot line is the shortest line along a 
street other than an alley. (Ord. 86-16 ? 1 
(60): Ord. 86-10 ? 1 (60)) 
 
  17.04.360 
  204  (Cannon Beach 10-04) 
17.04.360  Lot line, rear. 
  ?Rear lot line? means, for an interior lot, 
a line separating one lot f
the opposite side of the lot from the front 
lot line; for comer lots either (but not both) 
interior lot line separating one lot from 
another; and for an irregular or triangular 
shaped lot, a straight line ten feet in length 
that is parallel  to and at the maximum 
distance from the front lot line. (Ord. 86-16 
? 1 (61): Ord. 86-10 ? 1 (61)) 
 
17.04.365  Lot line, side. 
  ?Side lot line? means, for interior lots, a 
line separating one lot from the abutting lot 
or lots fronting on the same street; for 
corner lots, a line other than the front lot 
line separating the lot from the street or a 
line separating the lot from the abutting lot 
along the same frontage. (Ord. 86-16 ? 1 
(62): Ord. 86-10 ? 1 (62)) 
 
17.04.370  Lot, through. 
  ?Through lot? means an interior lot 
having frontage on two streets. (Ord. 86-16 
? 1 (63): Ord. 86-10 ? 1 (63)) 
 
17.04.375  Lot width. 
  ?Lot width? means the average 
horizontal distance between the side lot 
lines, ordinarily measured parallel to the 
front lot line. (Ord. 86-16 ? 1 (64): Ord. 
86-10 ? 1 (64)) 
 
17.04.380  Manufactured dwelling. 
  ?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 16, 
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?455.450. (Ord. 90-10 ? 1 
(Appx. A ? 1(5)): Ord. 89-3 ? 1 (part): 
Ord. 86-16 ? 1 (66): Ord. 86-10 ? 1 (66)) 
 
17.04.385  Manufactured dwelling 
park. 
  ?Manufactured dwelling park? means 
any place where four or more 
manufactured dwellings are located within 
five hundred 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 
  17.04.390 
  205  (Cannon Beach 10-04) 
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 dwelling per lot if the 
subdivision was approved by the city. 
(Ord. 90-10 ? 1 (Appx. A ? 1(6)): Ord. 89-
3 ? 1 (part): Ord. 86-16 ? 1 (67): Ord. 86-
10 ? 1 (67)) 
 
17.04.390  Mitigation. 
  ?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). 
(Ord. 86-16 ? 1 (65): Ord. 86-10 ? 1 (65)) 
 
17.04.395  Modular housing. 
  ?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 State of Oregon, 1990 
Edition, One and Two Family Dwelling 
Code. (Ord. 90-11 ? 1 (Appx. A ? 1(7)): 
Ord. 86-16 ? 1 (68): Ord. 86-10 ? 1 (68)) 
 
17.04.400  Motel. 
  ?Motel or other tourist accommodation? 
means a structure or part of a structure, 
containing motel rental units, occupied or 
designed for occupancy by transients for 
lodging or sleeping and including the terms 
?hotel? and ?inn,? but shall not include the 
term ?bed and breakfast establishment? or 
the transient occupancy of a dwelling unit 
regulated by this chapter. (Ord. 92-1 ? 2: 
Ord. 87-5 ? 1: Ord. 86-16 ? 1 (69): Ord. 
86-10 ? 1 (69): Ord. 85-1 ? 1) 
 
17.04.405  Motel rental unit. 
  ?Motel rental unit? means one bathroom 
and not more than three bedrooms. A 
?bathroom? is defined as consisting, at a 
minimum, of a toilet. (Ord. 90-10 ? 1 
(Appx. A ? 1 (8)): Ord. 86-16 ? 1 (70): 
Ord. 86-10 ? 1(70)) 
 
17.04.410  Nonconforming structure 
or use. 
  ?Nonconforming structure or use? 
means a lawful existing structure or use, at 
the time the ordinance codified in this 
section or any amendment thereto becomes 
effective, which does not conform to the 
requirements of the zone in which i
located. (Ord. 86-16 ? 1(71): Ord. 86-10 ? 
1(71)) 
 
17.04.412  Nonstructural shoreline 
stabilization program. 
  ?Nonstructural shoreline stabilization 
program? means the process of controlling 
erosion or accretion by planting or 
propagating stabilizing vegetation and/or 
the temporary placement of sand fences. 
(Ord. 94-08 ? 3 (part)) 
 
17.04.415  Ocean flooding. 
  ?Ocean flooding? means the flooding of 
lowland areas by salt water owing to tidal 
action, storm surge or tsunamis (seismic 
sea waves). Land forms s  
flooding include beaches, marshes, coastal 
  17.04.420 
  206  (Cannon Beach 10-04) 
lowlands and low lying interdune areas. 
Areas of ocean flooding are mapped by the 
Federal Emergency Management Agency 
(FEMA). Ocean flooding includes areas of 
velocity flooding and associated shallow 
marine flooding. (Ord. 86-16 ? 1(72): Ord. 
86-10 ? 1(72)) 
 
17.04.420  Outdoor merchandising. 
  ?Outdoor merchandising? means the 
sale or display for sale of merchandise or 
services outside of an enclosed building 
space; including sales which are transacted 
through an open window. The term 
?merchandise? does not include benches 
and other types of seating which are 
provided for the convenience of the general 
public. (Ord. 97-2 ? 1: Ord. 86-16 ? 1(73): 
Ord. 86-10 ? 1(73)) 
 
17.04.425  Owner. 
  ?Owner? means and  includes an 
authorized agent of the owner. (Ord. 86-16 
? 1 (74): Ord. 86-10 ? 1(74)) 
 
17.04.430  Parking space. 
  ?Parking space? means an area, at least 
nine feet in width and eighteen feet in 
length, available for the parking of a 
standard American automobile. Compact 
parking space means an area at least eight 
feet in width and sixteen feet in length, 
available for the parking of a compact 
automobile. (Ord. 86-16 ? 1(75): Ord. 86-
10 ? 1(75)) 
 
17.04.432  Park trailer. 
  ?Park trailer? means a vehicle built on a 
single chassis, mounted on wheels, 
designed to provide seasonal or temporary 
living quarters which may be connected to 
utilities for operation of installed fixtures 
and appliances, and of such a construction 
as to permit setup by persons without 
special  skills using hand tools which may 
include lifting, pulling and supporting 
devices and a gross trailer area not 
exceeding four hundred square feet when 
in the setup mode. Such a vehicle shall be 
referred to and identified by the 
manufacturer or converter as a recreational 
vehicle. (Ord. 91-3 ? 1) 
 
17.04.435  Permit. 
  ?Permit? means discretionary approval 
of a proposed development of land under 
ORS 227.215. (Ord. 89-3 ? 1 (part)) 
 
17.04.440  Person. 
  ?Person? means any individual, firm, 
partnership, association, cooperative, social 
or fraternal organization, corporation, 
limited liability company, estate, trustee, 
receiver, syndicate, governmental unit or 
any other group or combination acting as a 
unit. (Ord. 95-13 ? 1: Ord. 86-16 ? 1 (76): 
Ord. 86-10 ? 1(76)) 
 
17.04.445  Piling. 
  ?Piling? means the driving of wood, 
concrete or steel piling into the bottom in 
aquatic areas to support piers or docks, 
structures, moored floating structures, or 
other purposes. (Ord. 86-16 ? 1 (77): Ord. 
86-10 ? 1(77)) 
 
17.04.447  Private parking lot. 
  ?Private parking lot? means an area 
designed for the off-street parking of 
vehicles where an hourly or daily fee is 
  17.04.448 
  207  (Cannon Beach 10-04) 
charged for the use of the parking spaces 
and where those parking spaces are not 
provided in order to satisfy off-street 
parking requirements of a permitted or 
conditional use. A private parking lot does 
not include an area designed for the off-
street parking of vehicles where those 
parking spaces are made available through 
monthly or yearly lease arrangements. 
(Ord. 97-13 ? 1) 
 
17.04.448  Protected wetland. 
  ?Protected wetland? means areas in the 
wetlands overlay zone that have been 
identified on the city?s inventory or on a 
subsequent detailed delineation as critical 
wetlands. (Ord. 94-29 ? 1 (part)) 
 
17.04.450  Public need. 
  ?Public need? means a substantial public 
benefit which accrues to the community as 
a whole. (Ord. 86-16 ? 1(78): Ord. 86-10 ? 
1(78)) 
 
17.04.455  Recreational vehicle. 
  ?Recreational 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 
recreational or emergency purposes and 
has a gross floor space of less than four 
hundred square feet. ?Recreational 
vehicle? includes camping trailers, 
camping vehicles, motor homes, park 
trailers, bus conversions, van conversion, 
tent trailers, travel trailers, truck campers 
and any vehicle converted for use as a 
recreational vehicle. The unit shall be 
identified as a recreational vehicle by the 
manufacturer. (Ord. 90-10 ? 1 (Appx. A ? 
1(9)): Ord. 86-16 ? 1(79): Ord. 86-10 ? 1 
(79)) 
 
17.04.460  Recreation vehicle park. 
  ?Recreation vehicle park? means an area 
licensed by the state for the parking of 
recreational vehicles. (Ord. 86-16 ? 1 (80): 
Ord. 86-10 ? 1(80)) 
 
17.04.463  Recycling facility. 
  ?Recycling facility? means a facility or 
site where separated recyclable materials 
are collected for transport to another 
location. The term ?recyclable materials? 
does not include materials used to produce 
compost, such as yard debris. (Ord. 98-03 
? 1) 
 
17.04.467  Reload facility. 
  ?Reload facility? means a facility or site 
that accepts and reloads only yard debris 
for transport to another location. (Ord. 98-
03 ? 2) 
 
17.04.470  Residential facility. 
  ?Residential facility? means a facility 
licensed by or under the authority of the 
Department of Human Resources under 
ORS 443.400 to 443.460 which provides 
residential care alone or in conjunction 
with training or treatment or a combination 
thereof for six to fifteen individuals who 
need not be related. Staff persons required 
to meet Department of Human Resources 
licensing requirements need 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. (Ord. 90-
10 ? 1 (Appx. A ? 1(11)): Ord. 89-3 ? 1 
(part)) 
  17.04.475 
  208  (Cannon Beach 10-04) 
 
17.04.475  Residential home. 
  ?Residential home? means a home 
licensed by or under the authority of the 
Department of Human Resources under 
ORS 443.400 to 443.825 which 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 persons 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. (Ord. 90-
10 ? 1 (Appx. A ? 1(12)): Ord. 89-3 ? 1 
(part)) 
 
17.04.480  Resource capability. 
  ?Resource capability? means a use or 
activity which is consistent with the 
resource capabilities of the area when 
either the impacts of the use on estuarine 
species, habitats, biological productivity 
and water quality are not significant or that 
the resources of the area are able to 
assimilate the use and activity and their 
effects and continue to function in a 
manner which conserves long term 
renewable resources, natural biological 
productivity, recreation and aesthetic 
values. (Ord. 86-16 ? 1 (81): Ord. 86-10 ? 
1 (81)) 
 
17.04.485  Restoration. 
  ?Restoration? means revitalizing, 
returning or replacing origi  
and amenities, such as natural biological 
productivity, aesthetic and cultural 
resources, which have been diminished or 
lost by past alterations, activities or 
catastrophic events. (Ord. 86-16 ? 1 (82): 
Ord. 86-10 ? 1 (82)) 
 
17.04.490  Restoration, active. 
  ?Active restoration? means and involves 
the use of specific positive remedial 
actions, such as removing fills, installing 
water treatment facilities or rebuilding 
deteriorated urban waterfront areas. (Ord. 
86-16 ? 1 (83): Ord. 86-10 ? 1 (83)) 
 
17.04.495  Restoration, estuarine. 
  ?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. (Ord. 86-16 ? 
1 (84): Ord. 86-10 ? 1 (84)) 
 
17.04.500  Restoration, passive. 
  ?Passive restoration? is the use of 
natural processes, sequences and timing 
which occurs after the removal or 
reduction of adverse stresses without other 
specific positive remedial action. (Ord. 86-
16 ? 1 (85): Ord. 86-10 ? 1 (85)) 
 
17.04.505  Riparian. 
  ?Riparian? means of, or pertaining to, or 
situated on the edge of the bank of a river 
or other body of water. (Ord. 86-16 ? 1 
(86): Ord. 86-10 ? 1 (86)) 
 
  17.04.507 
  209  (Cannon Beach 10-04) 
17.04.507  Riparian vegetation. 
  ?Riparian vegetation? means grasses, 
shrubs and trees growing along the 
shoreline adjacent to an aquatic area or a 
wetland. (Ord. 94-29 ? 1 (part)) 
 
17.04.510  Rip-rap. 
  ?Rip-rap? is a layer, facing or protective 
mound of stones placed to prevent erosion, 
scour or sloughing of a structure or 
embankment; also, the stone so used. (Ord. 
86-16 ? 1 (87): Ord. 86-10 ? 1 (87)) 
 
17.04.515  Scale. 
  ?Scale? means the relationship in size 
between one building and another. (Ord. 
86-16 ? 1 (88): Ord. 86-10 ? 1 (88)) 
 
17.04.520  Shoreland stabilization. 
  ?Shoreland stabilization? means the 
protection of the banks of tidal or inter-
tidal streams, rivers, estuarine waters and 
the oceanfront by vegetative or structural 
means. (Ord. 94-08 ? 2: Ord. 86-16 ? 1 
(89): Ord. 86-10 ? 1 (89)) 
 
17.04.525  Sign or sign related 
definitions. 
  The following definitions pertain to 
signs:
  A.  ?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; 
  B.  ?Awning sign? means a sign that is 
placed on a temporary or movable shelter 
supported entirely from the exterior wall of 
a building; 
  C.  ?Bench sign? means a sign painted 
on or attached to a bench; 
  D.  ?Building frontage? means an 
exterior building wall facing a street, 
parking lot or pedestrian walkway; 
  E.  ?Business frontage? means the 
lineal frontage of a building or portion 
thereof devoted to a specific business and 
having an entrance open to the general 
public; 
  F.  ?Corner sign? means a sign that is 
placed on a lot so as to be visible from two 
public streets; 
  G.  ?Freestanding sign? means a sign on 
a frame, pole or other support structure 
which is not attached to any building or 
permanent structure; 
  H.  ?Frontage? means the single full 
surface of a building facing a given 
direction; 
  I.  ?Incidental sign? means a sign, 
other than a temporary or lawn sign, which 
does not require a permit; 
  J.  ?Lawn sign? means a temporary 
freestanding sign made of rigid materials; 
  K.  ?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; 
  L.  ?Projecting sign? means a sign 
attached to and projecting out from a 
building face or wall and generally at right 
angles to the building; 
  M.  ?Readerboard sign? means a sign 
which can accommodate changeable copy; 
  N.  ?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; 
  17.04.530 
  210  (Cannon Beach 10-04) 
  O.  ?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; 
  P.  ?Site frontage? means the length of 
the property line parallel to and along each 
public right-of-way; 
  Q.  ?Temporary sign? means a sign not 
permanently attached to a building, 
structure or the ground; 
  R.  ?Undeveloped site? means a lot with 
no permanent structure which contains a 
use permitted by the zone in which it is 
located; 
  S.  ?Wall graphic? means a painting or 
other graphic art technique which is 
applied directly to the wall or face of a 
building or structure; 
  T.  ?Wall sign? means a sign attached 
to or erected against the wall of a building 
with the sign face in a parallel plane of the 
building wall; 
  U.  ?Window sign? means a sign 
permanently affixed to the window panes 
of a building. (Ord. 89-29 ? 1: Ord. 88-1 ? 
1; Ord. 86-16 ? 1 (90): Ord. 86-10 ? 1 
(90)) 
 
17.04.530  Solar access. 
  ?Solar access? means the exposure of a 
building to the sun which enables such a 
building to obtain south-facing surface area 
exposure, in excess of fifty percent on the 
date of the winter solstice, adequate for 
solar space heating or water heating 
purposes. (Ord. 86-16 ? 1 (91): Ord. 86-10 
? 1 (92)) 
 
17.04.533  Stabilizing vegetation. 
  ?Stabilizing vegetation? means plants 
that are able to withstand accretion of sand 
typically occurring in an active or 
conditionally stable dune area. Examples 
are: 
  17.04.533 
  207  (Cannon Beach Supp. No. 8, 6 -05) 
European beachgrass (Ammophila 
arenaria), American dunegrass/Sea lyme 
grass (elymus mollis), American 
beachgrass (Ammophila breviligulata), and 
Coast willow (Salix hookeriana). (Ord. 94-
8 ? 3 (part)) 
17.04.533 
17.04.534  Stream. 
  ?Stream? means a body of running 
water flowing perennially or intermittently 
in a channel on or below the surface of the 
ground. Streams do not include ditches of 
storm drainage channels that are located in 
a street right-of-way. (Ord. 94-30 ? 1) 
 
17.04.535  Street. 
  ?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. (Ord. 86-16 ? 1 
(92): Ord. 86-10 ? 1 (93)) 
 
17.04.540  Structure. 
  ?Structure? means something 
constructed or built and having a fixed 
base on or fixed connection to the ground 
or another structure. (Ord. 86-16 ? 1 (93): 
Ord. 86-10 ? 1 (94)) 
 
17.04.545  Timeshare condominium. 
  ?Timeshare condominium? means a 
condominium in which units are 
individually owned by a family or group of 
persons for a variable amount of time 
during the year, and in which part or all of 
the units may be available to transients for 
rent or on an exchange basis. For the 
purposes of this title, timeshare 
condominium or unit shall be considered a 
motel. (Ord. 86-16 ? 1 (94): Ord. 86-10 ? 1 
(95)) 
 
17.04.550  Transient merchant. 
  ?Transient merchant? means a person 
who travels from place to place, either 
carrying his goods with him, selling and 
delivering at the same time, or not carrying 
his goods but taking orders for  future 
delivery. Transient merchant includes 
those who occupy a temporary fixed 
location, selling and delivering from stock 
on hand, doing business in much the same 
manner as a permanent business, with the 
principal difference being the temporary 
nature of the business location. (Ord. 86-16 
? 1 (95): Ord. 86-10 ? 1 (96)) 
 
17.04.552  Transient rental 
occupancy. 
  ?Transient rental occupancy? means the 
use of a dwelling unit by any person or 
group of persons who occupies or is 
entitled to occupy a dwelling unit for 
remuneration for a period of less than 
fourteen calendar days, counting portions 
of days as full days. ?Remuneration? 
means compensation, money, rent or other 
bargained for consideration given in return 
for occupancy, possession or use of real 
property. (Ord. 04-9A ? 4: Ord. 92-1 ? 3 
(part)) 
 
17.04.555  Tree. 
  ?Tree? means any woody plant having 
at least one well-defined stem at least six 
inches in diameter measured at a height of 
four and one-half feet above the natural 
  17.04.560 
  208  (Cannon Beach Supp. No. 8, 6 -05) 
grade. (Ord. 86-16 ? 1 (96): Ord. 86-10 ? 1 
(97)) 
 
17.04.560  Tree removal. 
  ?Tree removal? means the cutting down 
of a live tree or an act which causes a tree 
to die within a period of two years, 
including, but not limited to, damage 
inflicted upon the root system by 
machinery, storage o
compaction; changing the natural grade 
above the root system or around the trunk; 
damage inflicted on the tree permitting 
infection or pest infestation; excessive 
pruning; paving with concrete, asphalt or 
other impervious material within such 
proximity as to be harmful to the tree. 
(Ord. 86-16 ? 1(97): Ord. 86-10 ? 1 (98)) 
 
17.04.562  Use. 
  ?Use? means the purpose for which land 
or a structure is designed, arranged or 
intended, or for which it is occupied or 
maintained. (Ord. 86-16 ? 1 (98): Ord. 86-
10 ? 1 (99)) 
 
17.04.563  Vacation home rental 
occupancy. 
  ?Vacation home rental occupancy? 
means the use of a dwelling unit by any 
person or group of persons who occupies 
or is entitled to occupy a dwelling unit for 
remuneration for a period of time between 
fourteen and thirty days. ?Remuneration? 
means compensation, money, rent or other 
bargained for consideration given in return 
for occupancy, possession or use of real 
property. (Ord. 04-9A ? 5) 
 
17.04.564  Vehicle trip. 
  ?Vehicle trip? means  a single one 
direction vehicle movement to a particular 
destination. (Ord. 03-8 ? 1) 
 
17.04.566  Wetland. 
  ?Wetland? means those areas that are 
inundated or saturated by surface or 
groundwater at a frequency and duration 
sufficient to support, and that under normal 
circumstances do support, a prevalence of 
vegetation typically adapted for life in 
saturated soil conditions. (Ord. 94-29 ? 1 
(part)) 
 
17.04.567  Wetland buffer area. 
  ?Wetland buffer area? means a 
nonwetland area in the wetlands overlay 
zone surrounding the protected wetlands. 
(Ord. 94-29 ? 1 (part)) 
 
17.04.568  Wetland delineation. 
  ?Wetland delineation? means a site-
specific determination of the boundary 
between uplands and wetlands for a given 
parcel of land based on field indicators of 
vegetation, soils and hydrology. The 
delineation is to be undertaken in 
accordance with a method acceptable to the 
US Army Corps of Engineers and the 
Oregon Division of State Lands. (Ord. 
9429 ? 1 (part)) 
 
17.04.569  Wood waste processing. 
  ?Wood waste processing? means a site 
where woody material is collected for 
processing and subsequent storage or 
transport to another location. The term 
?woody material? includes branches, 
limbs, bark, stumps and similar material, 
   
  209  (Cannon Beach Supp. No. 8, 6 -05) 
but does not include lumber. The term 
?processing?  is limited to chipping and 
grinding and does not include composting, 
where composting is defined as a managed 
process of controlled biological 
decomposition. (Ord. 98-8 ? 1) 
  17.04.570 
  208a  (Cannon Beach Supp. No. 8, 6 -05) 
17.04.570  Yard. 
  ?Yard? means an open space on a lot 
which is unobstructed from the ground 
upward except as otherwise provided in 
this title. (Ord. 86-16 ? 1 (99): Ord. 86-10 
? 1 (100)) 
 
17.04.575  Yard, front. 
  ?Front yard? means a yard between side 
lot lines and measured horizontally at right 
angles to the front lot line to the nearest 
point of the building. For all lots abutting 
the ocean shore, the required yard shall be 
measured from the most easterly of either 
the lot line, or the vegetation line as 
established and described according to the 
Oregon Coordinate System. (Ord. 86-16 ? 
1 (100): Ord. 86-10 ? 1 (101)) 
 
17.04.578  Yard, ocean. 
  ?Ocean yard? means a yard measured 
horizontally at right angles from the most 
easterly of Oregon Coordinate Line or the 
western property line, to the nearest point 
of a building. An ocean yard may be a 
front yard, a rear yard or a side yard. (Ord. 
92-11 ? 7) 
 
[Next page intentionally left blank] 
 
 
 
  17.04.580 
  195  (Cannon Beach 10-04) 
17.04.580  Yard, rear. 
  ?Rear yard? means a yard between side 
lot lines and measured horizontally at right 
angles to the rear lot line from the rear lot 
line to the nearest point of a building. For 
all lots abutting the ocean shore, the 
required yard shall be measured from the 
most easterly of either the lot line or the 
vegetation line as established and 
described according to the Oregon 
Coordinate System. (Ord. 86-16 ? 1 (101)) 
 
17.04.585  Yard, side. 
  ?Side yard? means 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 building. For all 
lots abutting the ocean shore, the required 
yard shall be measured from the most 
easterly of either the lot line, or the 
vegetation line as established and 
described according to the Oregon 
Coordinate System. (Ord. 86-16 ? 1 (102): 
Ord. 86-10 ? 1 (102)) 
 
17.04.590  Yard, street side. 
  ?Street side yard? means 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 the building. (Ord. 86-16 ? 
1 (103): Ord. 86-10 ? 1 (103)) 
 
Chapter 17.06 
 
ZONING DISTRICTS ESTABLISHED 
 
Sections: 
17.06.010  Compliance with 
provisions. 
17.06.020  Classification of zones. 
17.06.030  Location of zones. 
17.06.040  Zoning of annexed 
areas. 
 
17.06.010  Compliance with 
provisions. 
  A lot may be used and a structure or part 
of a structure constructed, reconstructed, 
altered, occupied or used only as this title 
permits. (Ord. 79-4 ? 1 (2.010)) 
 
17.06.020  Classification of zones. 
  For the purpose of this title, the 
following zones have been established in 
the city:
 
Zone description  Abbreviated 
Description  
Residential. Very Low 
Density  RVL  
Residential, Lower  
Density  RL  
Residential, Moderate 
Density  R1  
Residential, Medium 
Density  R2 
Residential, High Density  R3 
Residential, 
Alternative/Manufactured 
Dwelling  RAM 
Residential/Motel RM 
Commercial, Limited   C1 
Commercial, General C2 
Manufactured Dwelling 
Park & Recreational 
Vehicle Park  MP 
  17.06.030 
  196  (Cannon Beach 10-04) 
Open Space Recreation  OSR 
Estuary  E 
Park Management  PK 
Open Space  OS 
Institutional IN 
Flood Hazard Overlay  FHO 
Planned Development  PD  
Oceanfront Management  
Overlay Zone  OM 
Wetlands Overlay Zone  WO 
 
(Ord. 90-10 ? 1 (Appx. A ? 2): Ord. 8928 ? 
1: Ord. 84-7 ? 1 (part); Ord. 79-4 ? 1 
(2.020)) 
 
17.06.030  Location of zones. 
  The boundaries for zones listed in this 
title are indicated on a map entitled ?Land 
Use and Zoning Map of Cannon Beach, 
Oregon,? which is adopted by reference. 
The boundaries shall be modified in 
accordance with zoning map amendments 
which are adopted by reference. The 
comprehensive plan and land use map are 
considered the same. (Ord. 79-4 ? 1 
(2.030)) 
 
17.06.040  Zoning of annexed areas. 
  Zoning regulations applicable to an area 
shall continue to be applied until a zone 
change has been applied for and adopted 
by the city council. (Ord. 79-4 ? 1 (2.050)) 
 
Chapter 17.08 
 
RESIDENTIAL VERY LOW DENSITY 
(RVL) ZONE 
 
Sections: 
17.08.010  Purpose. 
17.08.020  Uses permitted outright. 
17.08.030  Conditional uses 
permitted. 
17.08.040  Standards. 
 
17.08.010  Purpose. 
  The purpose of the RVL zone is to 
establish a very low density residential area 
(minimum lot size one acre for a dwelling 
unit) in areas with steep slopes, lack of city 
services or existing low density land use 
patterns. The RVL area is intended to be a 
future growth area of the city, where higher 
density development shall,  where 
practicable, be permitted upon annexation 
and zone amendment, and where geologic 
stability and availability of city services are 
demonstrated. In the RVL zone the 
provisions in Sections 17.08.020 through 
17.08.040 apply. (Ord. 79-4 ? 1 (3.0 1 
0)(part)) 
 
17.08.020  Uses permitted outright. 
  In an RVL zone the following uses and 
their accessory uses are permitted outright:
  A.  Single-family dwelling, modular 
housing and manufactured home meeting 
the standards of Section 17.68.020; 
  B.  Parks or publicly owned recreation 
areas; 
  C.  Utility lines necessary for public 
service; 
  D.  A manufactured dwelling or 
recreational vehicle not exceeding three 
hundred square feet in area used 
temporarily during the construction period 
of a permitted use for which a buildi
  17.08.030 
  197  (Cannon Beach 10-04) 
permit has been issued, but not to exceed 
one year; 
  E.  Home occupation Type I, which 
satisfies the requirements of Section 
17.54.040; 
  F.  Residential home, or residential 
facility; 
  G.  Family day care center or adult day 
care center. (Ord. 97-6 ? 2; Ord. 94-5 ? 1; 
Ord. 92-11 ? 8; Ord. 90-11A ? 1 (Appx. A 
? 2); Ord. 90-10 ? 1 (Appx. A ? 3); Ord. 
89-3 ? 1 (part); Ord. 79-4 ? 1 (3.010)(1)) 
 
17.08.030  Conditional uses 
permitted.  
In an RVL zone the following conditional 
uses and their accessory uses are permitted 
subject to the provisions of Chapter 17.80:  
  A.  Public or private school or college;
  B.  Governmental or municipal 
structure necessary for public service in the 
area, including utility substations or similar 
facility;  
  C.  Forest management activities; 
  D.  Cottage industry which satisfies the 
requirements in Section 17.80.280; 
  E.  Day care center; 
  F.  Accessory dwelling which satisfies 
the requirements of Section 17.54.080; 
  G.  Home occupation Type II, which 
satisfies the requirements of Section 
17.54.045. (Ord. 97-6 ? 3; Ord. 95-8 ? 4; 
Ord. 89-3 ? 1 (part); Ord. 79-4 ? 1 
(3.010)(2)) 
 
17.08.040  Standards. 
  In an RVL zone, the following standards 
shall apply except as they may be modified 
through the design review process pursuant 
to Chapter 17.44: 
  A.  Lot Size. Lot area shall be one acre 
per dwelling unit, except that lots of less 
than one acre in single, noncontiguous 
ownership prior to the date of enactment of 
the ordinance codified in this title are 
considered buildable subject to the other 
provisi  
comprehensive plan. Lower density may be 
required on the basis of geologic hazards, 
percent of slope, availability of city 
services and vehicular access and 
circulation. The planning commission shall 
review partitions, subdivisions, planned 
developments and other development 
proposals under these criteria. The 
planning commission may authorize the 
placement of a government or municipal 
structure necessary for public service on a 
lot of less than one acre if it finds a larger 
lot is not required and that the smaller lot 
size will not have a detrimental effect on 
adjacent areas or uses. 
  B.  Lot Dimensions and Yard 
Requirements. There are no lot dimension 
requirements. For lots of more than ten 
thousand square feet in size, no structure 
shall be located within twenty feet of a lot 
line. For lots that are ten thousand square 
feet in size or less: a front yard shall be at 
least fifteen feet; a side yard shall be at 
least five feet, except on a corner lot the 
minimum side yard on the street side shall 
be fifteen feet; and a rear yard shall be at 
least fifteen feet, except on a corner lot it 
may be a minimum of five feet. 
  C.  Lot Coverage. The lot coverage for 
a permitted or conditional use shall not 
exceed fifty percent. 
  17.10.010 
  198  (Cannon Beach 10-04) 
  D.  Floor Area Ratio. The floor area 
ratio for a permitted or conditional use 
shall not exceed .5. 
  E.  Positioning of Structures for Future 
Subdivision. In areas where the future 
intention of the property or lot is further 
partitioning or subdivision, the planning 
commission shall, where practicable, 
require that structures be located so as to 
facilitate the future division of the land in a 
manner that accommodates smaller lot 
sizes and the extension of streets and 
utilities. 
  F.  Building Height. Maximum height 
of a structure is twenty-four feet, measured 
as the vertical distance from the average 
elevation of existing grade to the highest 
point of a roof surface of a flat roof, to the 
top of a mansard roof or to the mean height 
level between the eaves and the ridge for a 
pitched roof. The ridge height of a pitched 
roof shall not exceed twenty-eight feet. 
Pitched roofs are considered those with a 
5-12 pitch or greater. 
  G.  Signs. As allowed by Chapter 17.56. 
  H.  Parking. As required by Section 
17.78.020. 
  I.  Design Review. All uses except 
single-family dwellings and their accessory 
structures are subject to the provisions of 
Chapter 17.44. 
  J.  Geologic or Soils Engineering 
Study. As required by Chapter 17.50. 
  K.  Zone Changes. Upon request of 
property owners, or their representatives, 
the planning commission may consider the 
change of an area of the RVL zone to 
another zone in order to obtain more 
intensive usage or higher densities where it 
is demonstrated by the applicant that:
  1.  A favorable geologic investigation 
indicates that the area will support more 
intensive development; 
  2.  City services are available, or will 
be provided, including adequate water 
pressure, sewer and water system capacity 
and street width; 
  3.  Traffic circulation patterns will not 
place a burden on neighborhood streets; 
  4.  The county planning commission 
has been given adequate opportunity to 
review the proposal and provide comment 
to the city. (Ord. 00-4 ? 1; Ord. 92-11 ?? 9, 
10; Ord. 90-3 ? 2; Ord. 89-3 ? 1 (part); 
Ord. 79-4 ? 1 (3.010) (3)) 
 
Chapter 17.10 
 
RESIDENTIAL LOWER DENSITY 
(RL) ZONE 
 
Sections: 
17.10.010  Purpose. 
17.10.020  Uses permitted outright. 
17.10.030  Conditional uses 
permitted. 
17.10.040  Standards. 
 
17.10.010  Purpose. 
  The purpose of the RL zone is to 
provide an area of lower density (four 
dwelling units per net acre) in areas with 
steeper slopes, poor drainage or identified 
geologic hazards. (Ord. 79-4 ? 1 
(3.020)(part)) 
 
17.10.020  Uses permitted outright. 
  In an RL zone the following uses and 
their accessory uses are permitted outright:
  17.10.030 
  199  (Cannon Beach 10-04) 
  A.  Single-family dwelling, modular 
housing and manufactured home meeting 
the standards of Section 17.68.020; 
  B.  Public parks or publicly owned 
recreation area; 
  C.  Utility lines necessary for public 
service; 
  D.  A manufactured dwelling or 
recreational vehicle not exceeding three 
hundred square feet in area used 
temporarily during the construction period 
of a permitted use for which a building 
permit has been issued, but not to exceed 
one year; 
  E.  Home occupation Type I, which 
satisfies the requirements  of Section 
17.54.040; 
  F.  Residential home, or residential 
facility; 
  G.  Family day care center or adult day 
care center. (Ord. 97-6 ? 4; Ord. 94-5 ? 2; 
Ord. 92-11 ? 11; Ord. 90-11A ? 1 (Appx. 
A ? 3); Ord. 90-10 ? 1 (Appx. A ? 4); Ord. 
89-3 ? 1 (part); Ord. 79-4 ? 1 (3.020)(1)) 
 
17.10.030  Conditional uses 
permitted. 
  In an RL zone the following conditional 
uses and their accessory uses are permitted 
subject to the provisions of Chapter 17.80:
  A.  Church or community meeting hall; 
  B.  Public or private school or college; 
  C.  Governmental or municipal 
structure such as a fire station, utility 
substation or other facility, including 
power substations or facilities; 
  D.  Structural shoreline stabilization: 
riprap, bulkhead or seawall consistent with 
Section 17.80.230; 
  E.  Day care center; 
  F.  Accessory dwelling which satisfies 
the requirements of Section 17.54.080; 
  G.  Home occupation Type II, which 
satisfies the requirements of Section 
17.54.045. (Ord. 97-6 ? 5; Ord. 95-8 ? 5; 
Ord. 89-3 ? 1 (part); Ord. 79-4 ? 1 
(3.020)(2)) 
 
17.10.040  Standards. 
  In an RL zone, the following standards 
shall apply except as they may be modified 
through the design review process pursuant 
to Chapter 17.44: 
  A.  Lot Size. Lot area shall be at least 
ten thousand square feet. Lots of less than 
ten thousand square feet may be buildable 
pursuant to Section 17.82.020; provided, 
that such lots were not part of an aggregate 
of contiguous lots with an area or 
dimension of ten thousand square feet or 
greater held in a single ownership at the 
time of enactment of Ordinance 79-4A. 
Where there are lots held in a single 
contiguous ownership and one of the lots 
or combination of lots meets the minimum 
lot size but the other lot or combination of 
lots does not meet the minimum lot size, 
there shall be  only one buildable lot. 
Example: three contiguous lots in a single 
ownership, each lot with an area of five 
thousand square feet, constitute one 
buildable lot. 
  The planning commission may authorize 
the placement of a governmental or 
municipal structure necessary for public 
service on a lot of less than ten thousand 
square feet if it is found that a larger lot is 
not required and that the smaller lot size 
will not have a detrimental effect on 
adjacent areas or uses. 
  17.12.010 
  200  (Cannon Beach 10-04) 
  B.  Lot Dimensions. 
  1.  Lot Width. Lot width shall be at 
least seventy-five feet. 
  2.  Lot Depth. Lot depth shall be at 
least ninety feet. 
  3.  Front Yard. A front yard shall be at 
least fifteen feet. 
  4.  Side Yard. A side yard shall be at 
least five feet, except on a corner lot the 
minimum side yard shall be fifteen feet. 
  5.  Rear Yard. A rear yard shall be at 
least fifteen feet, except on a corner lot it 
may be a minimum of five feet. 
  6.  Yard Abutting the Ocean Shore. For 
all lots abutting the ocean shore, any yard 
abutting the ocean shore shall conform to 
the requirements of Section 17.42.050(A) 
(6), Oceanfront setback. 
  C.  Lot Coverage. The lot coverage for 
a permitted or conditional use shall not 
exceed fifty percent. 
  D.  Floor Area Ratio. The floor area 
ratio for a permitted or conditional use on a 
lot with an area of more than five thousand 
square feet shall not exceed .5. The floor 
area ratio for a permitted or conditional use 
on a lot with an area of five thousand 
square feet or less shall not exceed .6. 
  E.  Building Height. Maximum height 
of a vertical structure is twenty-four feet, 
measured as the vertical distance from the 
average elevation of existing grade to the 
highest point of a roof surface of a flat 
roof, to the top of a mansard roof or to the 
mean height level between the eaves and 
the ridge for a pitched roof. The ridge 
height of a pitched roof shall not exceed 
twenty-eight feet. Pitched roofs are 
considered those with a 5-12 pitch or 
greater. 
  F.  Signs. As allowed by Chapter 17.56. 
  G.  Parking. As required by Section 
17.78.020. 
  H.  Design Review. All uses except 
single-family dwellings and their accessory 
structures are subject to the provisions of 
Chapter 17.44. 
  I.  Geologic or Soils Engineering 
Study. As required by Chapter 17.50. (Ord. 
94-08 ? 4; Ord. 93-3 ? 2; Ord. 92-11 ?? 
12?14; Ord. 90-3 ? 3; Ord. 90-11A ? 
1(Appx. A ? 4); Ord. 89-3 ? 1 (part); Ord. 
79-4 ? 1 (3.020)(3)) 
 
Chapter 17.12 
 
RESIDENTIAL MODERATE 
DENSITY 
 
(R1) ZONE 
 
Sections: 
17.12.010  Purpose. 
17.12.020  Uses permitted outright. 
17.12.030  Conditional uses 
permitted. 
17.12.040  Standards. 
 
17.12.010  Purpose. 
  The purpose of the R1 zone is to provide 
an area of moderate density (eight dwelling 
units per net acre) in areas of stable soils, 
lower slopes and with neighborhoods of 
existing single-family character. In an R1 
zone, the provisions in Sections 17.12.020 
through 17.12.040 apply. (Ord. 79-4 ? 
1(3.030)(part)) 
 
  17.12.020 
  201  (Cannon Beach 10-04) 
17.12.020  Uses permitted outright. 
  In an R1 zone the following uses and 
their accessory uses are permitted outright:
  A.  Single-family dwelling, modular 
housi
the standards of Section 17.68.020; 
  B.  Public park or publicly owned 
recreation area; 
  C.  Utility lines necessary for public 
service; 
  D.  A manufactured dwelling or 
recreational vehicle not exceeding three 
hundred square feet in area used 
temporarily during the construction period 
of a permitted use for which a building 
permit has been issued, but not to exceed 
one year; 
  E.  Home occupation Type I, which 
satisfies the requirements of Section 
17.54.040; 
  F.  Residential home, or residential 
facility; 
  G.  Family day care center or adult day 
care center. (Ord. 97-6 ? 6; Ord. 94-5 ? 3; 
Ord. 92-11 ? 15; Ord. 90-11A ? 1 (Appx. 
A ? 5); Ord. 90-10 ? 1 (Appx. A ? 5); Ord. 
89-3 ? 1 (part); Ord. 79-4 ? 1 (3.030)(1)) 
 
17.12.030  Conditional uses 
permitted. 
  In an R1 zone the following conditional 
uses and their accessory uses are permitted 
subject to the provisions of Chapter 17.80:
  A.  A church or community meeting 
hall; 
  B.  Governmental or municipal 
structure, including a utility substation or 
other similar facility; 
  C.  Public or private school or college;
  D.  Structural shoreline stabilization: 
riprap, bulkhead or seawall consistent with 
Section 17.80.230; 
  E.  Day care center; 
  F.  Accessory dwelling which satisfies 
the requirements of Section 17.54.080; 
  G.  Home occupation Type II, which 
satisfies the requirements of Section 
17.54.045. (Ord. 97-6 ? 7; Ord. 95-8 ? 6; 
Ord. 89-3 ? 1 (part); Ord. 79-4 ? 1 
(3.030)(2)) 
 
17.12.040  Standards. 
  In an RI zone, the following standards 
shall apply except as they may be modified 
through the design review process pursuant 
to Chapter 17.44: 
  A.  Lot Size. Lot area shall be at least 
five thousand square feet, except that 
construction on lots of less than five 
thousand square feet, but not less than four 
thousand square feet, is permitted where 
the total building coverage does not exceed 
forty percent, and where the lot was 
created prior to the date of Ordinance 79-
4A. 
  B.  Lot Dimensions. 
  1.  Lot Width. Lot width shall be at 
least forty feet. 
  2.  Lot Depth. Lot depth shall be at 
least eighty feet. 
  3.  Front Yard. A front yard shall be at 
least fifteen feet. 
  4.  Side Yard. A side yard shall be at 
least five feet, except on a corner lot the 
minimum side yard on the street shall be 
fifteen feet. 
  5.  Rear Yard. A rear yard shall be at 
least fifteen feet, except on a corner lot it 
may be a minimum of five feet. 
  17.14.010 
  202  (Cannon Beach 10-04) 
  6.  Yard Abutting the Ocean Shore. For 
all lots abutting the ocean shore, any yard 
abutting the ocean shore shall conform to 
the requirements of Section 17.42.050(A) 
(6), Oceanfront setback. 
  C.  Lot Coverage. The lot coverage for 
a permitted or conditional use shall not 
exceed fifty percent. 
  D.  Floor Area Ratio. The floor area 
ratio for a permitted or conditional use 
shall not exceed .6. 
  E.  Building Height. Maximum height 
of a structure is twenty-four feet, measured 
as the vertical distance from the average 
elevation of existing grade to the highest 
point of a roof surface of a flat roof, to the 
top of a mansard roof or to the mean height 
level between the eaves and the ridge for a 
pitched roof. The ridge height of a pitched 
roof shall not exceed twenty-eight feet. 
Pitched roofs are considered those with a 
5-12 pitch or greater. 
  F.  Signs. As allowed by Chapter 17.56. 
  G.  Parking. As required by Section 
17.78.020. 
  H.  Design Review. All uses except 
single-family dwellings and their accessory 
structures are subject to the provisions of 
Chapter 17.44. 
  I.  Geologic or Soils Engineering 
Study. As required by Chapter 17.50. (Ord. 
94-08 ? 5; Ord. 93-3 ? 3; Ord. 92-11 ?? 
16?18; Ord. 90-3 ? 4; Ord. 89-3 ? 1 
(part); Ord. 79-4 ? 1 (3.030)(3)) 
 
Chapter 17.14 
 
RESIDENTIAL MEDIUM DENSITY 
(R2) ZONE 
 
Sections: 
17.14.010  Purpose. 
17.14.020  Uses permitted outright. 
17.14.030  Conditional uses 
permitted. 
17.14.040  Standards. 
 
17.14.010  Purpose. 
  The purpose of the R2 zone is to provide 
an area of moderate density (eleven 
dwelling units per net acre) in areas with 
stable soils, lower slopes and mixed 
neighborhood character. In an R2 zone the 
provisions of Sections 17.14.020 through 
17.14.040 apply. (Ord. 79-4 ? 1 
(3.040)(part)) 
 
17.14.020  Uses permitted outright. 
  In an R2 zone the following uses and 
their accessory uses are permitted outright:
  A.  Single-family dwelling, modular 
housing and manufactured home meeting 
the standards of Section 17.68.020; 
  B.  Two-family dwelling; 
  C.  Public park or publicly owned 
recreation area; 
  D.  Utility lines necessary for public 
service; 
  E.  A manufactured dwelling or 
recreational vehicle not exceeding three 
hundred square feet in area used 
temporarily during the construction period 
of a permitted use for which a building 
permit has been issued, but not to exceed 
one year; 
  F.  Home occupation Type I, which 
satisfies the requirements of Section 
17.54.040; 
  G.  Residential home, or residential 
facility; 
  17.14.030 
  203  (Cannon Beach 10-04) 
  H.  Family day care center or adult day 
care center; 
  I.  Accessory dwelling which satisfies 
the requirements of Section 17.54.080. 
(Ord. 97-6 ? 8; Ord. 95-8 ? 7; Ord. 94-5 ? 
4; Ord. 92-11 ? 19; Ord. 90-11 A ? 
1(Appx. A ? 6); Ord. 90-10 ? 1 (Appx. A ? 
6); Ord. 89-3 ? 1 (part); Ord. 79-4 ? 1 
(3.040)(1)) 
 
17.14.030  Conditional uses 
permitted. 
  In an R2 zone the following conditional 
uses and their accessory uses are permitted 
subject to the provisions of Chapter 17.80:
  A.  A church or community meeting 
hall; 
  B.  Governmental or municipal 
structure, including a utility substation or 
other similar facility; 
  C.  Public or private school or college;
  D.  Structural shoreline stabilization: 
riprap, bulkhead or seawall consistent with 
Section 17.80.230; 
  E.  Bed and breakfast consistent with 
Chapter 17.74; 
  F.  A studio in conjunction with an 
artist?s residence in which only the artist?s 
work is displayed or sold; 
  G.  Day care center; 
  H.  Home occupation Type II, which 
satisfies the requirements of Section 
17.54.045. (Ord. 97-6 ? 9; Ord. 92-11 ? 20; 
Ord. 90-10 ? 1 (Appx. A ? 7); Ord. 89-3 ? 
1 (part); Ord. 79-4 ? 1 (3.040)(2)) 
 
17.14.040  Standards. 
  In an R2 zone, the following standards 
shall apply except as they may be modified 
through the design review process pursuant 
to Chapter 17.44: 
  A.  Lot Size. The minimum lot size for 
a single-family dwelling shall be five 
thousand square feet. Single-family 
dwellings may be permitted on lots of less 
than five thousand square feet, but not 
smaller than four thousand square feet 
where the lot was created prior to the date 
of Ordinance 79-4A, and where total 
building coverage does not exceed forty 
percent. The minimum lot size for a two-
family dwelling shall be five thousand 
square feet. 
  B.  Lot Dimensions. 
  1.  Lot Width. Lot width shall be at 
least forty feet. 
  2.  Lot Depth. Lot depth shall be at 
least eighty feet. 
  3.  Front Yard. A front yard shall be at 
least fifteen feet. 
  4.  Side Yard. A side yard shall be at 
least five feet, except on a corner lot the 
minimum side yard on the street side shall 
be fifteen feet. 
  5.  Rear Yard. A rear yard shall be at 
least fifteen feet, except on a corner lot it 
may be a minimum of five feet. 
  6.  Yard Abutting the Ocean Shore. For 
all lots abutting the ocean shore, any yard 
abutting the ocean shore shall conform to 
the requirements of Section 17.42.050 
(A)(6), Oceanfront setback. 
  C.  Lot Coverage. The lot coverage for 
a permitted or conditional use shall not 
exceed fifty percent. 
  D.  Floor Area Ratio. The floor area 
ratio for a permitted or conditional use 
shall not exceed .6. 
  17.14.040 
  204  (Cannon Beach 10-04) 
  E.  Building Height. Maximum height 
of a structure is twenty-four feet, measured 
as the vertical distance from the average 
elevation of existing grade to the highest 
point of a roof surface of a flat roof, to the 
top of a mansard roof or to the mean height 
level between the eaves and the ridge for a 
pitched roof. The ridge height of a pitched 
roof shall not exceed twenty-eight feet. 
Pitched roofs are considered those with a 
5-12 pitch or greater. 
  F.  Signs. As allowed by Chapter 17.56. 
  G.  Parking. As required by Section 
17.78.020. 
  H.  Design Review. All uses except 
single-family dwellings and their accessory 
structures are subject to design review of 
Chapter 17.44. 
  I.  Geologic or Soils Engineering 
Study. As required by Chapter 17.50. (Ord. 
94-08 ? 6; Ord. 93-3 ? 4; Ord. 92-11 ?? 
21?23; Ord. 90-3 ? 5; Ord. 89-3 ? 1 
(part); Ord. 79-4 ? 1 (3.040)(3)) 
 
 
 
  17.16.010 
  217  (Cannon Beach Supp. No. 7, 4 -05) 
Chapter 17.16 
 
RESIDENTIAL HIGH DENSITY (R3) 
ZONE 
 
Sections: 
17.16.010  Purpose. 
17.16.020  Uses permitted outright. 
17.16.030  Conditional uses 
permitted. 
17.16.040  Standards. 
 
17.16.010  Purpose. 
  The purpose of the R3 zone is to provide 
an area of higher density (up to fifteen 
dwelling units per net acre), in areas with 
stable soils, lower slopes, adequate traffic 
access and compatibility with existing 
development character. (Ord. 79-4 ? 1 
(3.050)(part)) 
 
17.16.020  Uses permitted outright. 
  In an R3 zone the following uses and 
their accessory uses are permitted outright:
  A.  Single-family dwelling, modular 
housing and manufactured  home meeting 
the standards of Section 17.68.020; 
  B.  A two-family dwelling; 
  C.  Multifamily dwelling, other than a 
limited triplex; 
  D.  Limited triplexes consistent with 
Section 17.90.090; 
  E.  Public park or publicly owned 
recreation area; 
  F.  Utility lines necessary for public 
service; 
  G.  A manufactured dwelling or 
recreational vehicle not exceeding three 
hundred square feet in area used 
temporarily during the construction period 
of a permitted use for which a building 
permit has been issued, but not to e
one year; 
  H.  Home occupation Type 1, which 
satisfies the requirements of Section 
17.54.040; 
  I.  Residential home; 
  J.  Family day care center or adult day 
care center; 
  K.  Accessory dwelling which satisfies 
the requirements of Section 17.54.080; 
  L.  A motel on a particular site, 
provided that the motel was in operation on 
that site on June 19, 1979, and has 
remained continuously in operation on that 
site since that date.  A motel has remained 
in operation continuously if it has not been 
closed or otherwise unable to receive 
guests for any continuous period of one 
year since June 19, 1979. (Ord. 05-3 ? 1; 
Ord. 97-6 ? 10; Ord. 95-8 ? 8; Ord. 94-5 ? 
5; Ord. 92-11 ?? 24, 25; Ord. 90-11A ? 1 
(Appx. A ? 7); Ord. 90-10 ? 1 (Appx. A ? 
8); Ord. 89-3 ? 1 (part); Ord. 79-4 ? 1 
(3.050)(1)) 
 
17.16.030  Conditional uses 
permitted. 
  In an R3 zone the following conditional 
uses and their accessory uses are permitted 
subject to the provisions of Chapter 17.80:
  A.  A church or community meeting 
hall; 
  B.  Governmental or municipal 
structure including a utility substation or 
other similar facility; 
  C.  Public or private school or college;
  D.  Structural shoreline stabilization: 
riprap, bulkhead or seawall consistent with 
Section 17.80.230; 
  17.16.030 
  218  (Cannon Beach Supp. No. 7, 4 -05) 
  E.  Day care center; 
  F.  Bed and breakfast consistent with 
Ch. 17.74; 
  G.  Home occupation Type II, which 
satisfies the requirements of Section 
17.54.045. (Ord. 97-6 ? 11; Ord. 92-12 ? 1; 
Ord. 92-11 ? 26; Ord. 90-10 ? 1(Appx. A ? 
9); Ord. 89-3 ? 1 (part); Ord. 79-4 ? 1 
(3.050)(2)) 
17.16.030 
17.16.040  Standards. 
  In an R3 zone, the following standards 
shall apply except as they may be modified 
through the design review process pursuant 
to Chapter 17.44: 
  A.  Lot Size. The minimum lot size for 
a single-family dwelling shall be five 
thousand square feet. Single-family 
dwellings may be permitted on lots of less 
than five thousand square feet, but not 
smaller than four thousand square feet 
where the lot was created prior to the date 
of Ordinance 79-4A, and where a total 
building coverage does not exceed forty 
percent. The minimum lot size for a two-
family dwelling shall be five thousand 
square feet. The density of multifamily 
dwellings, other than limited triplexes, 
shall be five thousand square feet for the 
first unit of the multifamily dwelling plus 
two thousand five hundred square feet for 
each additional unit. The density of limited 
triplexes shall be in conformance with 
Section 17.90.090. The maximum density 
of motels shall be one unit per one 
thousand square feet of site area. 
  B.  Lot Dimensions. 
  1.  Lot Width. Lot width shall be at 
least forty feet. 
  2.  Lot Depth. Lot depth shall be at 
least eighty feet. 
  3.  Front Yard. A front yard shall be at 
least fifteen feet. 
  4.  Side Yard. A side yard shall be at 
least five feet, except on a corner lot the 
minimum side yard on the street side shall 
be fifteen feet. 
  5.  Rear Yard. A rear yard shall be at 
least fifteen feet, except on a corner lot it 
may be a minimum of five feet. 
  6.  Yard Abutting the Ocean Shore. For 
lots abutting the ocean shore, any yard 
abutting the ocean shore shall conform to 
the requirements of Section 17.42.050(A) 
(6), Oceanfront setback. 
  C.  Lot Coverage. The lot coverage for 
a permitted or conditional use, other than a 
multifamily dwelling, shall not exceed fifty 
percent. 
  D.  Floor  Area Ratio. The floor area 
ratio for a permitted or conditional use, 
other than a multifamily dwelling, shall not 
exceed .6. 
  E.  Building Height. Maximum height 
of a structure is twenty-four feet, measured 
as the vertical distance from the average 
elevation of existing grade to the highest 
point of a roof surface of a flat roof, to the 
top of a mansard roof or to the mean height 
level between the eaves and the ridge for a 
pitched roof. The ridge height of a pitched 
roof shall not exceed twenty-eight feet. 
Pitched roofs are considered those with a 
5-12 pitch or greater. 
  F.  Signs. As allowed by Chapter 17.56. 
  G.  Parking. As required by Section 
17.78.020. 
  H.  Design Review. All uses except 
single-family dwellings and their accessory 
structures are subject to the provisions of 
Chapter 17.44. 
  I.  Geologic or Soils Engineering 
Study. As required by Chapter 17.50. (Ord. 
  17.16.040 
  219  (Cannon Beach Supp. No. 7, 4 -05) 
94-08 ? 7; Ord. 93-3 ? 5; Ord. 92-11 ?? 
27?28; Ord. 90-3 ? 6; Ord. 89-3 ? 1 
(part); Ord. 79-4 ? 1 (3.050)(3)) 
 
  17.18.010 
  220  (Cannon Beach 10-04) 
Chapter 17.18 
 
RESIDENTIAL 
ALTERNATIVE/MANUFACTURED 
DWELLING (RAM) ZONE 
 
Sections: 
17.18.010  Purpose. 
17.18.020  Uses permitted outright. 
17.18.030  Conditional uses 
permitted. 
17.18.040  Standards. 
 
17.18.010  Purpose. 
  The purpose of the RAM zone is to 
provide an area in which conventional 
residential uses, alternative low-cost 
housing and manufactured dwellings can 
be established at moderate to higher 
densities (eleven dwelling units per net 
acre). In the RAM zone the regulations set 
out in Sections 17.18.020 through 
17.18.040 apply. (Ord. 90-10 ? 1 (Appx. A 
? 11): Ord. 79-4 ? 1 (3.060)(part)) 
 
17.18.020  Uses permitted outright. 
  In an RAM zone the following uses and 
their accessory uses are permitted outright:
  A.  Single-family dwelling, including 
modular housing; 
  B.  Manufactured home meeting the 
standards of section 17.68.020; 
  C.  Two-family dwelling; 
  D.  Public park or publicly owned 
recreation area; 
  E.  Utility lines necessary for public 
service; 
  F.  A manufactured dwelling or 
recreational vehicle not exceeding three 
hundred square feet in area used 
temporarily during the construction period 
of a permitted use for which a building 
permit has been issued, but not to exceed 
one year; 
  G.  Home occupation Type I, which 
satisfies the requirements of Section 
17.54.040; 
  H.  Residential home and residential 
facility; 
  I.  Family day care center or adult day 
care center; 
  J.  Accessory dwelling which satisfies 
the requirements of Section 17.54.080. 
(Ord. 97-6 ? 12; Ord. 95-8 ? 9; Ord. 94-5 ? 
6; Ord. 92-11 ? 30; Ord. 90-11A ? 1(Appx. 
A ? 8); Ord. 90-10 ? 1 (Appx. A ? 12); 
Ord. 89-3 ? 1 (part); Ord. 79-4 ? 1 
(3.060)(1)) 
 
17.18.030  Conditional uses 
permitted. 
  In an RAM zone the following 
conditional uses and their accessory uses 
are permitted subject to the provisions of 
Chapter 17.80:  
  A.  A church or community meeting 
hall;  
  B.  Governmental or municipal 
structure including a utility substation or 
other similar facility; 
  C.  Public or private school or college;  
  D.  Day care center; 
  E.  Manufactured dwelling park; 
  F.  Multifamily dwellings; 
  G.  Home occupation Type II, which 
satisfies the requirements of Section 
17.54.045. (Ord. 97-6 ? 13; Ord. 92-11 ? 
31; Ord. 90-10 ? 1 (Appx. A ?? 13, 14); 
Ord. 89-3 ? 1 (part); Ord. 79-4 ? 1 
(3.060)(2)) 
  17.18.040 
  221  (Cannon Beach 10-04) 
 
17.18.040  Standards. 
  In an RAM zone, the following 
standards shall apply except as they may 
be modified through the design review 
process pursuant to Chapter 17.44:
  A.  Lot Size. The minimum lot size for 
a single-family dwelling, manufactured 
dwelling, modular home and a duplex shall 
be five thousand square feet. The density 
of multifamily dwellings shall be five 
thousand square feet for the first unit of the 
multifamily dwelling, plus two thousand 
five hundred square feet for each additional 
unit. 
  B.  Lot Dimensions. 
  1.  Lot Width. Lot width shall be at 
least forty feet. 
  2.  Lot Depth. Lot depth shall be at 
least eighty feet. 
  3.  Front Yard. A front yard shall be at 
least fifteen feet. 
  4.  Side Yard. A side yard shall be at 
least five feet, except on a corner lot the 
minimum side yard on the side street shall 
be fifteen feet. 
  5.  Rear Yard. A rear yard shall be at 
least fifteen feet, except on a corner lot it 
may be a minimum of five feet. 
  C.  Lot Coverage. The lot coverage for 
a permitted or conditional use, other than a 
multifamily dwelling, shall not exceed fifty 
percent. 
  D.  Floor Area Ratio. The floor area 
ratio for a permitted or conditional use, 
other than a multifamily dwelling, shall not 
exceed .6. 
  E.  Building Height. Maximum height 
of a structure shall be twenty-four feet, 
measured as the vertical distance from the 
average elevation of existing grade to the 
highest point of a roof surface of a flat 
roof, to the top of a mansard roof or to the 
mean height level between the eaves and 
the ridge for a pitched roof. The ridge 
height of a pitched roof shall not exceed
twenty-eight feet. Pitched roofs are 
considered those with a 5-12 pitch or 
greater. 
  F.  Manufactured Dwellings. 
Manufactured dwellings shall be located in 
accordance with the requirements of 
Chapter 17.68. 
  G.  Parking. As required by Section 
17.78.020. 
  H.  Signs. As allowed by Chapter 17.56. 
  I.  Design Review. All uses except 
single-family dwellings, manufactured 
dwellings and modular housing and their 
accessory structures are subject to the 
provisions of Chapter 17.44. 
  J.  Geologic or Soils Engineering 
Study. As required by Chapter 17.50. (Ord. 
93-3 ? 6; amended during 7/92 
supplement; Ord. 92-11 ?? 32?43; Ord. 
90-3 ? 7; Ord. 90-10 ? 1 (Appx. A ? 15); 
Ord. 89-3 ? 1 (part); Ord. 794 ? 1 
(3.060)(3)) 
 
Chapter 17.20 
 
RESIDENTIAL MOTEL (RM) ZONE 
 
Sections: 
17.20.010  Purpose. 
17.20.020  Uses permitted outright. 
17.20.030  Conditional uses 
permitted. 
17.20.040  Standards. 
 
  17.20.010 
  222  (Cannon Beach 10-04) 
17.20.010  Purpose. 
  The purpose of the RM zone is to 
provide an area for the establishment of 
motels and hotels and to prevent the 
utilization of motel property for non-motel 
commercial uses. Residential uses, 
including single-family, duplex and 
multifamily dwellings at a maximum 
density of fifteen dwelling units per acre 
are also permitted. In an RM zone the 
regulations in Sections 17.20.020 through 
17.20.040 apply. (Ord. 79-4 ? 1 
(3.070)(part)) 
 
17.20.020  Uses permitted outright. 
  In an RM zone the following uses and 
their accessory uses are permitted outright:
  A.  Single-family dwelling, modular 
housing and manufactured home meeting 
the standards of Section 17.68.020; 
  B.  A two-family dwelling; 
  C.  Multifamily dwelling; 
  D.  Motel or other tourist 
accommodation, including meeting rooms 
which are not in excess of thirty-five 
square feet per hotel or motel unit in size;
  E.  Bed and breakfast consistent with 
Chapter 17.74; 
  F.  Public park or publicly owned 
recreation area; 
  G.  Utility lines necessary for public 
service; 
  H.  A manufactured dwelling or 
recreational vehicle not exceeding three 
hundred square feet in area used 
temporarily during the construction period 
of a permitted use for which a building 
permit has been issued but not to exceed 
one year; 
  I.  Home occupation Type I, which 
satisfies the requirements of Section 
17.54.040; 
  J.  Residential home or residential 
facility; 
  K.  Family day care center or adult day 
care center; 
  L.  Accessory dwelling which satisfies 
the requirements of Section 17.54.080. 
(Ord. 97-6 ? 14; Ord. 95-8 ? 10; Ord. 94-5 
? 7; Ord. 90-11 A ? 1 (Appx. A ? 9); Ord. 
90-10 ? 1(Appx. A ? 16); Ord. 89-3 ? 1 
(part); Ord. 79-4 ? 1 (3.070)(1)) 
 
17.20.030  Conditional uses 
permitted. 
  In an RM zone the following conditional 
uses and their accessory uses are permitted 
subject to the provisions of Chapter 17.80:
  A.  Church or community meeting hall; 
  B.  Governmental or municipal 
structure, including a utility substation or 
other similar facility; 
  C.  Public or private school or college;
  D.  Art gallery or studio; 
  E.  Gift shop which is an integral part 
of the operation of the tourist 
accommodation, provided, however, that 
these operations are subordinate to the 
tourist accommodation and remain under 
the same ownership, that the use be located 
on the same contiguously owned property 
and that it will not exceed two hundred 
square feet in area; 
  F.  Restaurant which is an integral part 
of the operation of the tourist 
accommodation; provided, however, that 
these operations are subordinate to the 
tourist accommodation operation and 
remain under the same ownership; 
  17.20.040 
  223  (Cannon Beach 10-04) 
  G.  Meeting rooms which are in excess 
of thirty-five square feet per tourist 
accommodation unit in size. Parking 
requirements of Section 17.78.020 apply to 
that portion of the meeting room that is in 
excess of the allowed thirty-five square 
feet per unit; 
  H.  Structural shoreline stabilization: 
riprap, bulkhead and seawall consistent 
with Section 17.80.230; 
  1.  Day care center; 
  J.  Home occupation Type II, which 
satisfies the requirements of Section 
17.54.045. (Ord. 97-6 ? 15; Ord. 94-27 ? 1; 
Ord. 90-10 ? 1 (Appx. A ? 17); Ord. 89-3 ? 
1 (part); Ord. 79-4 ? 1 (3.070)(2)) 
 
17.20.040  Standards. 
  In an RM zone, the following standards 
shall apply except as they may be modified 
through the design review process pursuant 
to Chapter 17.44: 
  A.  Lot Size. The minimum lot size for 
a single-family dwelling shall be five 
thousand square feet. Single-family 
dwellings may be permitted on lots of less 
than five thousand square feet, but not 
smaller than four thousand square feet 
where the lot was created prior to the date 
of Ordinance 79-4A, and where total lot 
coverage does not exceed forty percent. 
The minimum lot size for a two-family 
dwelling shall be five thousand square feet. 
The density of multifamily dwellings shall 
be five thousand square feet for the first 
unit of the multifamily dwelling plus two 
thousand five hundred square feet for each 
additional unit. The maximum density of 
motels shall be one unit per one thousand 
square feet of site area. The density of a 
project that includes motel units and 
dwelling units, other than a manager?s unit, 
shall be cumulative. Example: a three unit 
motel in conj -unit 
multifamily dwelling requires ten thousand 
square feet for the multifamily dwelling 
and three thousand square feet for the 
motel units. 
  B.  Lot Dimensions. 
  1.  Lot Width. Lot width shall be at 
least forty feet. 
  2.  Lot Depth. Lot  depth shall be at 
least eighty feet. 
  3.  Front Yard. A front yard shall be at 
least fifteen feet. 
  4.  Side Yard. A side yard shall be at 
least five feet, except on a corner lot the 
minimum side yard on the street side shall 
be fifteen feet. 
  5.  Rear Yard. A rear yard shall be at 
least fifteen feet, except on a corner lot it 
may be a minimum of five feet. 
  6.  Motel Yard Requirements. Yard 
requirements shall not apply to motels or 
hotels, except as to yards abutting the 
ocean shore and clear vision area 
requirements. 
  7.  Yard Abutting the Ocean Shore. For 
lots abutting the ocean shore any yard 
abutting the ocean shore shall conform to 
the requirements of Section 
17.42.050(A)(6), Oceanfront setback. 
  C.  Lot Coverage. The lot coverage for 
a single-family dwelling, modular home or 
duplex shall not exceed fifty percent. 
  D.  Floor Area Ratio. The floor area 
ratio for a single-family dwelling, modular 
home or duplex shall not exceed .6. 
  E.  Building Height. Maximum height 
of a structure is twenty-eight feet, 
  17.22.010 
  224  (Cannon Beach 10-04) 
measured as the vertical distance from the 
average elevation of exiting grade to the 
highest point of a roof surface of a flat 
roof, to the top of a mansard roof or to the 
mean height level between the eaves and 
the ridge for a pitched roof. The ridge 
height of a pitched roof shall not exceed 
thirty-two feet. Pitched roofs are 
considered those with a 5-12 pitch or 
greater. 
  F.  Signs. As allowed by Chapter 17.56.  
  G.  Parking. As required by Section 
17.78.020. 
  H.  Design Review. All uses except 
single-family dwellings and their accessory 
structures are subject to the provisions of 
Chapter 17.44. 
  I.  Geologic or Soils Engineering 
Study. As required by Chapter 17.50. 
  J.  Outdoor Merchandising. As allowed 
by Section 17.90.150. (Ord. 94-08 ? 8; 
Ord. 93-3 ? 7; Ord. 92-11 ?? 35?37; Ord. 
90-3 ? 8; Ord. 89-3 ? 1(part); Ord. 79-4 ? 1 
(3.070)(3)) 
 
Chapter 17.22 
 
LIMITED COMMERCIAL (C1) ZONE 
 
Sections: 
17.22.010  Purpose. 
17.22.020  Uses permitted outright. 
17.22.030  Conditional uses 
permitted. 
17.22.040  Prohibited uses. 
17.22.050  Standards. 
 
17.22.010  Purpose. 
  The purpose of the limited commercial 
zone is to provide an area in which primary 
retail uses may locate in the business areas 
of the city. Uses which do not require 
prime locations or which generate less 
traffic are generally to be located in the 
general commercial zone. In a C1 zone, the 
regulations set out in Sections 17.22.020 
through 17.22.050 apply. (Ord. 79-4 ? 1 
(3.080)(part)) 
 
17.22.020  Uses permitted outright. 
  In a C 1 zone the following uses and 
their accessory uses are permitted outright:
  A.  Retail trade establishment, such as a 
food store, drug store, gift shop, variety or 
appliance store; 
  B.  Repair and maintenance service of 
the type of goods to be found in the above 
permitted retail trade establishment, 
provided such service is performed within 
an enclosed building; 
  C.  Arts and crafts gallery and studio; 
  D.  Business or professional office; 
  E.  Garden store; 
  F.  Financial institution; 
  G.  Eating and drinking establishment, 
except those prohibited by Section 
17.22.040; 
  H.  Personal business service, including, 
but not limited to barber shop, tailoring, 
printing, laundry and dry cleaning, or other 
service establishment; 
  I.  Theater, but not including a drive-
in; 
  J.  Wholesale business in conjunction 
with a retail trade establishment on the 
same premises; 
  K.  A residential use in conjunction 
with a permitted use where the residential 
use does not exceed fifty percent of the 
building?s floor area; 
  17.22.030 
  225  (Cannon Beach 10-04) 
  L.  Publicly owned park or recreation 
area; M. Utility lines necessary for public 
service; 
  N.  A manufactured dwelling or 
recreational vehicle not exceeding three 
hundred square feet in area used 
temporarily during the construction period 
of a permitted use for which a building 
permit has been issued, but not to exceed 
one year; 
  O.  Family day care center, day care 
center or adult day care center; 
  P.  Accessory dwelling which satisfies 
the requirements of Section 17.54.080. 
(Ord. 95-8 ? 11; Ord. 94-06 ? 1; Ord. 90-
11A ? 1 (Appx. A ? 10); Ord. 89-3 ? 1 
(part); Ord. 79-4 ? 1 (3.080)(1)) 
 
17.22.030  Conditional uses 
permitted.  
  In a C1 zone the following conditional 
uses and their accessory uses are permitted 
subject to the provisions of Chapter 17.80:
  A.  Cabinet, sheet metal, plumbing, 
carpenter or similar craft or trade shop; 
  B.  Gasoline service station; 
  C.  Government structure or use other 
than a park, including public parking; 
  D.  Building materials supply sales;  
  E.  Plant nursery; 
  F.  Church or community meeting hall;  
  G.  Custom manufacturing of goods for 
retail sale on the premises; 
  H.  Structural shoreline stabilization: 
riprap, bulkhead or seawall consistent with 
Section 17.80.230; 
  I.  Single-family dwelling, modular 
housing and manufactured home meeting 
the standards of Section 17.68.020; 
  J.  A two-family dwelling;  
  K.  Multifamily dwelling; 
  L.  Residential home or residential 
facility;  
  M.  Limited manufacturing. (Ord. 98-17 
? 2; Ord. 97-13 ? 2; Ord. 94-5 ? 8, Ord. 
92-12 ? 2; Ord. 92-11 ? 38; Ord. 90-10 ? 
1(Appx. A ? 18); Ord. 89-3 ? 1 (part); Ord. 
85-3 ? 4: Ord. 79-4 ? 1 (3.080)(2)) 
 
17.22.040  Prohibited uses. 
  In a C1 zone the following uses are 
prohibited:
  A.  Amusement arcade; 
  B.  Drive-in restaurant, formula food 
restaurant, or mobile food vending wagon; 
  C.  Other drive-in facilities such as a car 
wash; 
  D.  Private parking lot. (Ord. 97-13 ? 3; 
Ord. 94-06 ? 2: Ord. 88-12 ? 2: Ord. 79-4 
? 1 (3.080)(2a)) 
 
17.22.050  Standards. 
  In a C1 zone, the following standards 
shall apply except as they may be modified 
through the design review process pursuant 
to Chapter 17.44: 
  A.  Lot Size. None, except that the 
density of multifamily dwellings shall be 
five thousand square feet for the first unit 
of the multifamily dwelling plus two 
thousand five hundred square feet for each 
additional unit. 
  B.  Lot Dimension. 
  1.  Lot Width and Depth. None. 
  2.  Yards. None, except where a lot is 
adjacent to an R1, R2, R3, or MP zone, the  
  17.22.050 
  226  (Cannon Beach Supp. No. 7, 4 -05) 
same yard as in the abutting residential 
zone shall apply. 
  3.  Yard Abutting the Ocean Shore. For 
all lots abutting the ocean shore any yard 
abutting the ocean shore shall conform to 
the requirements of Section 17.42.050(A) 
(6), Oceanfront setback. 
  C.  Building Height. Maximum height 
of a structure is twenty-four feet, measured 
as the vertical distance from the average 
elevation of existing grade to the highest 
point of a roof surface of a flat roof, to the 
top of a mansard roof or to the mean height 
level between the eaves and the ridge for a 
pitched roof. The ridge height of a pitched 
roof shall not exceed twenty-eight feet. 
Pitched roofs are considered those with a 
5-12 pitch or greater. 
  D.  Signs. As allowed by Chapter 17.56.  
  E.  Parking. As required by Section 
17.78.020. The required off-street parking 
spaces can be provided anywhere within 
the downtown commercial district, as 
identified in Figure 1 (at the end of this 
chapter). 
  F.  Design Review. Design review 
requirements of Chapter 17.44 shall be 
met. 
  G.  Geologic or Soils Engineering 
Study. As required by Chapter 17.50. 
  H.  Outdoor Merchandising. As allowed 
by Section 17.90.150. 
  I.  A minimum landscaping border of 
three feet shall be provided between the 
sidewalk and the frontage of all buildings 
facing the street. The planning commission 
may grant exceptions to this standard for 
doors and entries to buildings or where a 
combination of seating and landscaping is 
provided. Such landscaping may be part of 
the required landscaping specified in 
Section 17.44.120. 
  J.  Floor Area Ratio. The floor area 
ratio for buildings located in the downtown 
commercial district, as identified in Figure 
1 (at the end of thi
exceed .7, except that buildings existing as 
of June 1, 1995, which exceed a floor area 
ratio of .7, may be replaced with a 
building(s) with a floor area ratio 
equivalent to that which existed on June 1, 
1995. 
  K.  Vehicular Access.  In the downtown 
commercial district, as identified in Figure 
1 (at the end of this chapter), no new 
vehicular access onto Hemlock Street shall 
be permitted. Vehicular access which 
existed as of July 6, 1995 may continue to 
be utilized, including modifications 
thereto. (Ord. 04-11 ?? 1?4; Ord. 95-7 ? 
1; Ord. 93-24 ? 1; Ord. 92-11 ?? 39, 40; 
Ord. 90-3 ? 9; Ord. 89-3 ? 1 (part); Ord. 
87-16 ? 1: Ord. 87-13 ?? 1, 2; Ord. 79-4 ? 
1 (3.080)(3)) 
 
 
 
  17.22.050 
  228  (Cannon Beach 10-04) 
Figure 1 for Chapter 17.22. 
 
  17.22.050 
  229  (Cannon Beach 10-04) 
  17.24.010 
  230  (Cannon Beach 10-04) 
 
Chapter 17.24 
 
GENERAL COMMERCIAL (C2) 
 
ZONE 
 
Sections: 
17.24.010  Purpose. 
17.24.020  Uses permitted outright. 
17.24.030  Conditional uses 
permitted. 
17.24.040  Prohibited uses. 
17.24.050  Standards. 
 
17.24.010  Purpose. 
  The purpose of the general commercial 
C2 zone is to provide an area for more 
intensive types of commercial uses, other 
than retail establishments, which may be 
incompatible with the uses in the limited 
commercial zone. In a C2 zone the 
regulations set out in Sections 17.24.020 
through 17.24.050 apply. (Ord. 79-4 ? 1 
(3.090) (part)) 
 
17.24.020  Uses permitted outright. 
  In a C2 zone the following uses and 
their accessory uses are permitted outright:
  A.  Building materials supply sales;  
  B.  Plant nurseries; 
  C.  Government buildings and 
maintenance shops; 
  D.  Warehouses or storage 
establishments; 
  E.  Boat building, cabinet or carpentry 
shops, contractor?s shops, machine shops, 
vehicle repair or storage; 
  F.  A manufactured dwelling or 
recreational vehicle not exceeding three 
hundred square feet in area used 
temporarily during the construction period 
of a permitted use for which a building 
permit has been issued but not to exceed 
one year; 
  G.  Business office or professional 
office, up to ten percent of the area of a 
mixed use development. (Ord. 99-2 ? 1; 
Ord. 90-11A ? (Appx. A ? 11); Ord. 79-4 ? 
1 (3.090)(1)) 
 
17.24.030  Conditional uses 
permitted. 
  In a C2 zone the following conditional 
uses and their accessory uses are permitted 
subject to the provisions of Chapter 17.80:  
  A.  Animal hospitals or kennels;  
  B.  Enclosed recreation uses;  
  C.  Utility substations; 
  D.  Limited manufacturing. (Ord. 98-17 
? 3; Ord. 79-4 ? 1 (3.090)(2)) 
 
17.24.040  Prohibited uses. 
  In a C2 zone the following uses are 
prohibited:
  A.  Retail uses that are oriented to or 
dependent upon highway traffic for 
business including, but not limited to, gas 
stations, drive-in restaurants and similar 
uses; 
  B.  Amusement arcade. (Ord. 88-12 ? 3: 
Ord. 79-4 ? 1 (3.090)(3)) 
 
17.24.050  Standards. 
  In a C2 zone, the following standards 
shall apply except as they may be modified 
through the design review process pursuant 
to Chapter 17.44: 
  A.  Lot Size. None. 
  B.  Lot Dimensions. 
  17.26.010 
  231  (Cannon Beach 10-04) 
  1.  Lot Width and Depth. None; 
  2.  Yards. None, except where adjacent 
to another zone, a minimum yard of 
twenty-five feet shall be provided; and 
where adjacent to a public right-of-way, a 
minimum yard of ten feet shall be 
provided. 
  C.  Building Height. Maximum height 
of a structure is twenty-eight feet, 
measured as the vertical distance from the 
average elevation of existing grade to the 
highest point of a roof surface of a flat 
roof, to the top of a mansard roof or to the 
mean height level between the eaves and 
the ridge for a pitched roof. The ridge 
height of a pitched roof shall not exceed 
thirty-six feet. Pitched roofs are considered 
those with a 5-12 pitch or greater. 
  D.  Traffic. Traffic shall not be diverted 
directly onto the Highway 101 interchange.  
  E.  Signs. As allowed by Chapter 17.56. 
  F.  Parking. As required by Section 
17.78.020. 
  G.  Design Review. Design review 
requirements of Chapter 17.44 shall be 
met. 
  H.  Geologic or Soils Engineering 
Study. As required by Chapter 17.50. (Ord. 
92-11 ?? 41, 42; Ord. 90-3 ? 10; Ord. 79-4 
? 1 (3.090)(4)) 
 
 
Chapter 17.26 
 
MANUFACTURED DWELLING AND 
RECREATIONAL VEHICLE PARK 
(MP) ZONE 
 
Sections: 
17.26.010  Purpose. 
17.26.020  Uses permitted outright. 
17.26.030  Conditional uses 
permitted. 
17.26.040  Standards. 
 
17.26.010  Purpose. 
  The purpose of the MP zone is to 
provide for lower cost housing in the form 
of manufactured dwellings in 
manufactured dwelling parks and on 
individual lots, recreational vehicle parks, 
accessory uses and campgrounds. (Ord. 90-
10 ? 1(Appx. A ? 20): Ord. 79-4 ? 1 
(3.100)(part)) 
 
17.26.020  Uses permitted outright. 
  The following uses and their accessory 
uses are permitted outright in an MP zone:
  A.  Placement of recreational vehicles 
in an approved recreational vehicle park; 
  B.  Placement of manufactured 
dwellings in an approved manufactured 
dwelling park;  
  C.  Tent camping in an approved 
campground; 
  D.  Public park or publicly owned 
recreation area; 
  E.  Utility lines necessary for public 
service; 
  F.  A manufactured dwelling or 
recreational vehicle not exceeding three 
hundred square feet in area used 
temporarily during the construction period 
of a permitted use for which a building 
permit has been issued, but not to exceed 
one year. (Ord. 90-11A ? 1 (Appx. A ? 
12); Ord. 90-10 ? 1 (Appx. A ? 21); Ord. 
79-4 ? 1 (3.100)(1)) 
 
  17.26.030 
  232  (Cannon Beach 10-04) 
17.26.030  Conditional uses 
permitted. 
  In an MP zone the following uses and 
their accessory uses are permitted subject 
to the provisions of Chapter 17.80:
  A.  Recreational vehicle park; 
  B.  Campgrounds; 
  C.  Manufactured dwelling parks; 
  D.  Structural shoreline stabilization: 
riprap, bulkhead or seawall consistent with 
Section 17.80.230; 
  E.  Manufactured dwelling on an 
individual lot. (Ord. 90-10 ? 1 (Appx. A ? 
22); Ord. 79-4 ? 1 (3.100)(2)) 
 
17.26.040  Standards. 
  In an MP zone, the following standards 
shall apply except as they may be modified 
through the design review process pursuant 
to Chapter 17.44: 
  A.  Lot Size. A manufactured dwelling 
on an individual lot shall have a minimum 
lot size of five thousand square feet. A 
manufactured dwelling placed in a 
manufactured dwelling park shall have a 
lot size in conformance with Section 
17.80.180. Recreational vehicles placed in 
a recreational vehicle park shall have a lot 
size in conformance with Chapter 
17.80.210. 
  B.  Lot Dimensions. 
  1.  Manufactured dwellings on an 
individual lot shall have a minimum lot 
width o forty feet and a minimum lot depth 
of eighty feet. The front yard shall be at 
least fifteen feet. The side yard shall be at 
least five feet, except on a corner lot the 
minimum side yard on the street side shall 
be fifteen feet. The rear yard shall be at 
least fifteen feet, except on a corner lot it 
may be a minimum of five feet. 
  2.  Manufactured dwellings placed in a 
manufactured dwelling park shall meet the 
lot dimension standards of Section 
17.80.180. 
  3.  Recreation vehicles placed in a 
recreation park shall meet the lot 
dimension standards of Chapter 17.80.2 10. 
  C.  Lot Coverage and Floor Area Ratio. 
The lot coverage for a manufactured 
dwelling on an individual lot shall not 
exceed fifty percent. The floor area ratio 
for a manufactured dwelling on an 
individual lot shall not exceed .6. 
  D.  Building Height. Maximum height 
of a structure is twenty-four feet, measured 
as the vertical distance from the average 
elevation of existing grade to the highest 
point of a roof surface of a flat roof, to the 
top of a mansard roof or to the mean height 
level between the eaves and the ridge for a 
pitched roof. The ridge height of a pitched 
roof shall not exceed twenty-eight feet. 
Pitched roofs are considered those with a 
5-12 pitch or greater. 
  E.  Manufactured Dwellings. 
Manufactured dwellings shall be located in 
accordance with the requirements of 
Chapter 17.68. 
  F.  Signs. As allowed by Chapter 17.56. 
  G.  Parking. As required by Section 
17.78.020. 
  H.  Design Review. All uses except 
manufactured dwellings and recreational 
vehicles and their accessory structures are 
subject to design review requirements o
Chapter 17.44. 
  I.  Geologic or Soils Engineering 
Study. As required by Chapter 17.50. (Ord. 
  17.28.010 
  233  (Cannon Beach 10-04) 
93-3 ? 8; Ord. 92-11 ? 43; Ord. 90-3 ? 11; 
Ord. 90-10 ? 1 (Appx. A ? 23); Ord. 79-4 ? 
1 (3.100)(3)) 
 
 
Chapter 17.28 
 
OPEN SPACE/RECREATION (OSR) 
ZONE 
 
Sections: 
17.28.010  Purpose. 
17.28.020  Uses permitted outright. 
17.28.030  Conditional uses 
permitted. 
17.28.040  Standards. 
 
17.28.010  Purpose. 
  The purpose of the OSR zone is to 
provide an area of low intensity open space 
or recreation use in which the natural 
features of the land are retained to the 
maximum extent possible. (Ord. 79-4 ? 1 
(3.110) (part)) 
 
17.28.020  Uses permitted outright. 
  In an OSR zone the following uses are 
permitted outright:
  A.  Park or publicly owned passive 
recreation area; 
  B.  Utility lines  necessary for public 
service. (Ord. 79-4 ? 1 (3.110) (1)) 
 
17.28.030  Conditional uses 
permitted. 
  In an OSR zone the following uses and 
their accessory uses are permitted subject 
to the provisions of Chapter 17.80:
  A.  Privately owned campgrounds;  
  B.  Recreation vehicle parks; 
  C.  Organized camps; 
  D.  Churches or meeting halls; 
  E.  Forest management. (Ord. 79-4 ? 1 
(3.110) (2)) 
   
 
17.28.040  Standards. 
  In an OSR zone, the following standards 
shall apply except as they may be modified 
through the design review process pursuant 
to Chapter 17.44: 
  A.  The standards of the Oregon State 
Health Division apply to campgrounds; 
  B.  All uses shall be evaluated under 
Chapter 17.44. (Ord. 90-3 ? 12; Ord. 79-4 
? 1 (3.110) (3)) 
 
Chapter 17.30 
 
ESTUARY (E) ZONE 
 
Sections: 
17.30.010  Purpose. 
17.30.020  Uses permitted outright. 
17.30.030  Conditional uses 
permitted. 
17.30.040  Additional development 
standards?Procedural 
requirements. 
 
17.30.010  Purpose. 
  The purpose of the estuary zone is to:  
  A.  Assure the protection of fish and 
wildlife habitats; 
  B.  Maintain the biological productivity 
within the estuary; and 
  C.  Provide for low-intensity uses that 
do not require major alterations of the 
estuary. The Ecola Creek Estuary is 
defined to include: estuarine water; 
  17.30.020 
  234  (Cannon Beach 10-04) 
tidelands; tidal  
lower high water (LHW) inland to the line 
of nonaquatic vegetation); and submerged 
lands. In areas where there are no tidelands 
or tidal marshes, the estuary extends to 
mean higher high water. The estuary 
extends upstream to the head of tidewater. 
Site specific delineations may be necessary 
to determine the exact location of the E 
zone boundary. Site specific delineations 
shall be performed by qualified individuals 
using a method acceptable to the U.S. 
Army Corps of Engineers and the Oregon 
Division of State Lands. (Ord. 95-21 ? 1 
(part): Ord. 87-15 ?3, 1987; Ord. 86-10 ? 2 
(part): Ord. 79-4 ? 1 (3.120) (part)) 
 
17.30.020  Uses permitted outright. 
  In the estuary zone, the following uses 
and activities shall be permitted subject to 
the requirements of Section 17.30.040:
  A.  Passive restoration measure; 
  B.  Vegetative shoreline stabilization;  
  C.   Research and education observation;  
  D.  Emergency repair to existing dikes, 
subject to state and federal requirements;  
  E.   Temporary dikes for emergency 
flood protection, limited to sixty days, 
subject to state and federal requirements; 
  F.  Maintenance and repair of dikes;  
  G.  Individual nonmotorized boating. 
  (Ord. 95-21 ? 1 (part): Ord. 86-10 ? 2 
(part): Ord. 79-4 ? 1 (3.120) (1)) 
 
17.30.030  Conditional uses 
permitted. 
  A.  In the estuary zone, the following 
uses may be permitted when authorized in 
accordance with provisions of Chapter 
17.80 and Section 17.30.040:
  1.  Submerged cable, sewer line, water 
line or other pipeline; 
  2.  Maintenance and repair of structures 
or facilities existing as of October 7, 1977, 
which no longer meet the purposes of the 
estuary zone; 
  3.  Active restoration of fish and 
wildlife habitat or water quality; 
  4.  Estuarine enhancement; 
  5.  Structural shoreline stabilization for 
protection of uses existing as of October 7, 
1977, unique natural resources, historical 
and archaeological values and public 
facilities; 
  6.  Bridge crossings. 
  B.  In the estuary zone, the following 
uses may be permitted when authorized in 
accordance with the provisions of Chapter 
17.80 and Section 17.30.040. It must also 
be determined if these uses and activities 
meet the resource capability of the estuary 
zone area in which the uses and activities 
occur, and if the uses and activities are 
consistent with the purpose of the estuary 
zone, as stated above. The procedures of 
Chapter 17.48, Resource Capability 
Determination, will be used to make this 
determination: 
  1.  Structural shoreline stabilization for 
purposes other than allowed by subsection 
(A) (5) of this section; 
  2.  Active restoration for purposes other 
than restoration of fish and wildlife habitat 
or water quality; 
  3.  Stormwater and treated wastewater 
outfalls; 
  4.  Bridge crossings support structures; 
  5.  Dredging, fill or piling instal
necessary for the installation of a 
conditional use listed above; 
  17.30.040 
  235  (Cannon Beach 10-04) 
  6.  Temporary alterations; 
  7.  Uses and activities permitted by an 
approved goal exception. (Ord. 95-21 ? 1 
(part): Ord. 86-10 ? 2 (part): Ord. 79-4 ? 1 
(3.120) (2)) 
 
17.30.040  Additional development 
standards?Procedural 
requirements. 
  A.  All uses shall satisfy applicable 
specific standards of Section 17.80.120. 
Where a proposal involves several uses, 
the standards applicable to each use shall 
be satisfied. 
  B.  When a proposal includes several 
uses, the uses shall be reviewed in 
aggregate under the more stringent 
procedure. In addition, a proposal with 
several uses shall be reviewed in aggregate 
for consistency with the resource capability 
and purposes of the estuary zone, when a 
resource capability determination is 
required. 
  C.  All applicable policies in the city 
comprehensive plan shall be adhered to. 
  D.  Uses and activities that would 
potentially alter the estuarine ecosystem 
shall be preceded by a clear presentation of 
the impacts of the proposed alteration, 
subject to the requirements of Chapter 
17.46, Impact Assessment. 
  E.  No use shall be allowed in the 
estuary zone that would cause a major 
alteration of the estuary. 
  F.  1. Dredge and/or fill shall be 
allowed only:
  a.  If required for water-dependent uses 
that require an estuarine location, or if 
specifically allowed by this zone; 
  b.  If a need (i.e., a substantial public 
benefit) is demonstrated and the use or 
alteration does not unreasonably interfere 
with public trust rights; 
  c.  If no feasible upland locations exist; 
  d.  If adverse impacts are minimized. 
  2.  Other uses and activities which 
could alter the estuary shall only be 
allowed if the requirements in subsections 
(F) (1) (b), (c) and (d) of this section are 
met. 
  G.  Ripari  
managed in accordance with the 
requirements of Section 17.43.050(L). 
(Ord. 95-21 ? 1 (part): Ord. 86-10 ? 2 
(part): Ord. 79-4 ? 1 (3.120) (3)) 
 
Chapter 17.32 
 
PARK MANAGEMENT (PK) ZONE 
 
Sections: 
17.32.010  Purpose. 
17.32.020  Uses permitted outright. 
17.32.030  Conditional uses 
permitted. 
17.32.040  Standards. 
 
17.32.010  Purpose. 
  The purpose of the park zone is to 
designate uses and standards for the 
maintenance and construction of public 
parks, subject to the policies of the 
comprehensive plan. (Ord. 79-4 ? 1 (3.130) 
(part)) 
 
17.32.020  Uses permitted outright. 
  In a park zone the following uses and 
their accessory uses are permitted outright:
  17.32.030 
  236  (Cannon Beach 10-04) 
  A.  Management, general maintenance 
and daily operation of public park areas 
and facilities; 
  B.  Replacement or repair of park 
facilities, roads and parking areas which 
have deteriorated or become nonfunctional 
through general use, fire, natural disasters, 
vandalism or obsolescence; 
  C.  Minor betterment and improvements 
to park areas or facilities t  
functionability or is necessary to 
accommodate existing public uses. (Ord. 
79-4 ? 1 (3.130) (1)) 
 
17.32.030  Conditional uses 
permitted. 
  The following uses may be permitted 
when authorized in accordance with the 
provisions of Chapter 17.80:
  A.  Construction of new facilities or 
expansion of existing facilities designed to 
increase overall visitor capacity or which 
would have a significant land use impact. 
(Ord. 79-4 ? 1 (3.130) (2)) 
 
17.32.040  Standards. 
  In a PK zone, the following standards 
shall apply except as they may be modified 
through the design review process pursuant 
to Chapter 17.44: 
  A.  Construction, operation and 
maintenance of the city?s parks shall be the 
responsibility of the city. 
  B.  Construction, operation and 
maintenance of the state parks and 
waysides are under the authority of the 
State Parks and Recreation Department. 
  C.  Normal operation, maintenance or 
replacement within state parks and 
waysides shall not fall under the standards 
of the city. (Ord. 92-11 ? 44; Ord. 90-3 ? 
13; Ord. 79-4 ? 1 (3.130) (3)) 
 
Chapter 17.34 
 
OPEN SPACE (OS) ZONE 
 
Sections: 
17.34.010  Purpose. 
17.34.020  Uses permitted outright. 
17.34.030  Conditional uses 
permitted. 
 
17.34.010  Purpose. 
  The purpose of the open space zone is to 
preserve areas in thei
(Ord. 79-4 ? 1 (3.140) (part)) 
 
17.34.020  Uses permitted outright. 
  There are no permitted uses in the open 
space zone. (Ord. 79-4 ? 1 (3.140) (1)) 
 
17.34.030  Conditional uses 
permitted. 
  The following conditional uses are 
permitted in the open space zone:
  A.  Trails, when authorized in 
accordance with the provisions of Chapter 
17.80. Trails shall not be permitted on 
Chapman Point; 
  B.  Wetland enhancement, including 
compensatory mitigation. (Ord. 01-1 ? 1: 
Ord. 95-17 ? 1; Ord. 79-4 ? 1 (3.140) (2)) 
 
Chapter 17.36 
 
INSTITUTIONAL (IN) ZONE 
 
Sections: 
17.36.010  Purpose. 
  17.36.010 
  237  (Cannon Beach 10-04) 
17.36.020  Uses permitted outright. 
17.36.030  Conditional uses 
permitted. 
17.36.040  Standards. 
 
17.36.010  Purpose. 
  The purpose of the institutional zone is 
to provide for a range of governmental and 
municipal uses. (Ord. 98-3 ? 3: Ord. 79-4 ? 
1 (3.150) (part)) 
 
17.36.020  Uses permitted outright. 
  In the institutional zone the following 
uses and their accessory uses are permitted 
outright: 
  A.  Community buildings and areas 
which provide for educational or cultural 
activities; 
  B.  Museums; 
  C.  Reload facility. (Ord. 98-3 ? 4: Ord. 
79-4 ? 1 (3.150) (1)) 
 
17.36.030  Conditional uses 
permitted. 
  The following uses and their accessory 
uses may be permitted subject to the 
provisions of Chapter 17.80:
  A.  Public parking facility; 
  B.  Sewage treatment facility; 
  C.  Wood waste processing, not 
including a building; 
  D.  Public restroom;  
  E.   Recycling facility;  
  F.   Public school; 
  G.  Pump station or other similar 
facility;  
  H.  Public park or publicly owned 
recreation area; 
  I.  Public works shop or yard; 
  J.  Dog impound facility. (Ord. 98-8 ? 
2; Ord. 98-3 ? 5: Ord. 79-4 ? 1 (3.150) (2)) 
 
17.36.040  Standards. 
  In an IN zone, the following standards 
shall apply except as they may be modifi
through the design review process pursuant 
to Chapter 17.44: 
  A.  Setbacks. Structures adjoining 
another zone or public right-of-way shall 
be set back twenty-five feet. No parking 
shall be permitted in this setback. Existing 
structures, at the time of adoption of the 
ordinance codified in this title, shall 
maintain their setbacks. Where parking 
occurs in the setback area, such use may 
continue. 
  B.  Building Height. Maximum height 
of a structure is twenty-eight feet, 
measured as the vertical distance from the 
average elevation of existing grade to the 
highest point of a roof surface of a flat 
roof, to the top of a mansard roof or to the 
mean height level between the eaves and 
the ridge for a pitched roof. The ridge 
height of a pitched roof shall not exceed 
thirty-six feet. 
  C.  Signs. As allowed by Chapter 17.56. 
  D.  Parking. As allowed by Section 
17.78.020. 
  E.  Access. The provision of 
consolidated street access points shall be 
considered in site design. Street access 
should be located to minimize the impact
on adjacent residential areas. 
  F.  Design Review. All uses shall be 
evaluated under Chapter 17.44, Design 
Review Procedures and Criteria. (Ord. 90-
3 ? 14; Ord. 79-4 ? 1 (3.150) (3)) 
 
  17.38.010 
  238  (Cannon Beach 10-04) 
Chapter 17.38 
 
FLOOD HAZARD OVERLAY (FHO) 
ZONE 
 
Sections: 
17.38.010  Purpose. 
17.38.020  Objectives. 
17.38.030  Definitions. 
17.38.040  General provisions?
Applicability 
17.38.050  Basis for establishment 
of special flood hazard 
areas. 
17.38.060  Compliance. 
17.38.070  Warning and disclaimer 
of liability. 
17.38.080  Establishment of permit. 
17.38.090  Duties and 
responsibilities. 
17.38.100  Appeals and variances. 
17.38.110  Flood hazard 
reduction?Generally. 
17.38.120  Anchoring. 
17.38.130  Construction materials 
and methods. 
17.38.140  Utilities. 
17.38.150  Subdivision proposals. 
17.38.160  Review of building 
permits. 
17.38.170  Specific standards. 
17.38.180  Residential construction. 
17.38.190  Nonresidential 
construction. 
17.38.200  Manufactured homes. 
17.38.205  Recreational vehicles. 
17.38.210  Coastal high-hazard 
areas. 
17.38.220  Areas of shallow 
flooding. 
17.38.230  Use restrictions. 
17.38.240  Prohibited uses. 
 
17.38.010  Purpose. 
  The purpose of the flood hazard overlay 
zone is to regulate the use of those areas 
subject to periodic flooding, to promote the 
public health, safety and general welfare 
and to minimize public and private losses 
due to flood conditions. (Ord. 87-4 ? 1 
(part): Ord. 86-16 ? 3 (part): Ord. 79-4 ? 1 
(3.160) (part)) 
 
17.38.020  Objectives. 
  In advancing these principles and the 
general purposes of the comprehensive 
plan and zoning ordinance, the specific 
objectives of this zone are as follows:
  A.  To combine with the present zoning 
requirements certain restrictions made 
necessary for the known flood hazard areas 
to promote the general health, welfare and 
safety of the city; 
  B.  To prevent the establishment of 
certain structures and land uses in areas 
unsuitable for human habitation because of 
the danger of flooding, unsanitary 
conditions or other hazards; 
  C.  To minimize the need for rescue and 
relief efforts associated with flooding; 
  D.  To help maintain a stable tax base 
by providing for sound use and 
development in flood-prone areas and to 
minimize prolonged business interruptions; 
  E.  To minimize damage to public 
facilities and utilities located in flood 
hazard areas; 
  F.  To ensure that potential home and 
business buyers are notified that property is 
in a flood area; 
  17.38.030 
  239  (Cannon Beach 10-04) 
  G.  To ensure that those who occupy the 
areas of special flood hazard assume 
responsibility for their actions. (Ord. 87-4 
? 1 (part): Ord. 86-16 ? 3 (part): Ord. 79-4 
? 1 (3.160) (1)) 
 
17.38.030  Definitions. 
  The following words and phrases shall 
be interpreted so as to give them the 
meanings they have in common usage and 
to give this chapter its most reasonable 
application:
  ?Area of shallow flooding? means a 
designated AO or AH zone on the Flood 
Insurance Rate Map (FIRM). The base 
flood depth range is from one to three feet; 
a clearly defined channel does not exist; 
the path of flooding is unpredictable and 
indeterminate; and velocity flow may be 
evident. 
  ?Area of special flood hazard? means 
the land in the flood plain subject to a one 
percent or greater chance of flooding in 
any given year. Designation on maps 
always includes the letter A or V. 
  ?Base flood? means the flood having a 
one percent chance of being equaled or 
exceeded in any given year. 
  ?Basement? means any area of the 
building having its floor subgrade (below 
ground level) on all sides. 
  ?Breakaway walls? means a wall that is 
not a part of the structural support of the 
building and is intended through its design 
and construction to collapse under specific 
lateral loading forces, without causing 
damage to the elevated portion of the 
building or supporting foundation system. 
  ?Coastal high-hazard area? means the 
area subject to high velocity waters, 
incl
tsunamis. The map is designated on a 
FIRM (Flood Insurance Rate Map) as zone 
V1?V30 or VE zone. 
  ?Development? means any man-made 
change to improved or unimproved real 
property, including but not limited to 
buildings or other structures, mining, 
dredging, filling, grading, paving, 
excavation or drilling operations located 
within the area of special flood hazard. 
  ?Existing manufactured home park or 
subdivision? means one in which the 
construction of facilities for servicing the 
lots on which the manufactured homes are 
to be affixed is completed before the 
effective date of Cannon Beach?s 
floodplain management regulations (1978). 
The ?construction of facilities? includes, at 
a minimum, the installation of utilities, the 
construction of streets, and either final site 
grading or the pouring of concrete pads. 
  ?Expansion of an existing manufactured 
home park or subdivision? means the 
preparation of additional sites by the 
construction of facilities for servicing the 
lots on which the manufactured homes are 
to be affixed (including the installation of 
utilities, the construction of streets, and 
either final site grading or the pouring of 
concrete pads). 
  ?Flood? or ?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 of surface waters from any 
source. 
  17.38.030 
  240  (Cannon Beach 10-04) 
  ?Flood Insurance Rate Map (FIRM)? 
means the official map on which the 
Federal Insurance Administration has 
delineated both the areas of special flood 
hazards and the risk premium zones 
applicable to the community. 
  ?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. 
  ?Lowest floor? means the lowest floor 
of 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 that such enclosure is not built so 
as to render the structure in violation of the 
applicable non-elevation design 
requirements of this chapter found at 
Section 17.38.060(B)(1). 
  ?Manufactured home? means a 
structure, transportable in one or more 
sections, which is built on a permanent 
chassis and is designed for use with or 
without a permanent foundation when 
attached to the required utilities. The term 
?manufactured home? does not include a 
?recreational vehicle.? 
  ?Manufactured home park or 
subdivision? means a parcel (or contiguous 
parcels) of land divided into two or more 
manufactured home lots for rent or sal  
  ?Mean sea level (MSL)? means the 
average height of the sea for all stages of 
the tide. 
  ?New construction? means the 
structures for which the ?start of 
construction? commenced on or after the 
effective date of the ordinance codified in 
this section. 
  ?Recreation vehicle, highway ready? 
means a recreation vehicle that is on 
wheels or a jacking system, is attached to 
the site only by quick-disconnect-type 
utilities and security devices, and has no 
permanently attached additions. 
  ?Recreational vehicle? means a vehicle 
which is: (a) built on a single chassis; (b) 
four hundred square feet or less when 
measured at the largest horizontal 
projection; (c) designed to be self-
propelled or permanently towable by a 
light duty truck; and (d) designed primarily 
not for use as a permanent dwelling but as 
temporary living quarters for recreational, 
camping, travel, or seasonal use. 
  Reinforced Pier. At a minimum, a 
?reinforced pier? must have a footing 
adequate to support the weight of the 
manufactured home under saturated soil 
conditions. Concrete blocks may be used if 
vertical steel reinforcing rods are replaced 
in the hollows of the blocks and the 
hollows filled with concrete or high-
strength mortar. Dry stacked concrete 
blocks do not constitute reinforced piers. 
  ?Special flood hazard area (SFHA)? 
means areas subject to inundation from the 
waters of a one-hundred-year flood. 
  ?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 
  17.38.040 
  241  (Cannon Beach 10-04) 
eighty days of the permit date. The actual 
start means either the first placement of 
permanent construction of a structure on a 
site, such as the pouring of slab or footi
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 excavation 
for basement, footings, piers or foundation 
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. 
  ?Structure? means a walled and roofed 
building including a gas or liquid storage 
tank that is principally above ground. 
  ?Substantial damage? pertains to flood-
related damage where the cost of restoring 
the structure would equal o
percent of the market value of the structure 
before the damage occurred. 
  ?Substantial improvement? means any 
repair, reconstruction or improvement of a 
structure, the cost of which equals or 
exceeds fifty percent of the market value of 
the structure either: 
  1.  Before the improvement or repair is 
started; or 
  2.  If the structure has been damaged 
and is being restored, before the damage 
occurred. For the purposes of this 
definition, ?substantial improvement? is 
considered to occur when the fi
alteration of any wall, ceiling, floor or 
other structural part of the building 
commences, whether or not that alteration 
affects the external dimensions of the 
structure. The term does not, however, 
include either: 
  a.  Any project for improvements of a 
structure to correct existing violations of 
state or local health, sanitary or safety code 
specifications which have been identified 
by the local code enforcement official and 
which are the minimum necessary to assure 
safe living conditions, or 
  b.  Any alteration of a structure listed 
on the National Register of Historic Places 
or a state inventory of historic places. 
  ?Variance? means a grant of relief from 
the requirements of this chapter which 
permits construction in a manner that 
would otherwise be prohibited by this 
chapter. (Ord. 99-3 ?? 1, 2; Ord. 90-10 ? 1 
(Appx. A ?? 24, 25); Ord. 87-4 ? 1 (part): 
Ord. 86-16 ? 3 (part): Ord. 79-4 ? 1 (3.160) 
(2)) 
 
17.38.040  General provisions ?
Applicability. 
  This chapter applies to all areas of 
special flood hazards (Flood Hazard 
Overlay Zone) in combination with present 
zoning requirements within the jurisdiction 
of the city. (Ord. 87-4 ? 1 (part): Ord. 86-
16 ? 3 (part): Ord. 79-4 ? 1 (3.160) (3) (a)) 
 
17.38.050  Basis for establishment of 
special flood hazard area  
  The areas of special flood hazard 
identified by the Federal Insurance 
Administration through a scientific and 
engineering report entitled ?The Flood 
Insurance Study for the City of Cannon 
Beach? dated September 1, 1978, with 
accompanying Flood Insurance Rate Maps 
  17.38.060 
  242  (Cannon Beach 10-04) 
and Flood Boundary Maps and any 
revision thereto, is adopted by reference 
and declared to be a part of this chapter. 
The flood insurance study is on file at the 
city hall. (Ord. 87-4 ? 1 (part): Ord. 86-16 
? 3 (part): Ord. 79-4 ? 1 (3.160)(3)(b)) 
 
17.38.060  Compliance. 
  No structure or land shall be located, 
extended, converted or altered without full 
compliance with the terms of the ordinance 
codified in this chapter and other 
applicable regulations. (Ord. 87-4 ? 1 
(part): Ord. 86-16 ? 3 (part): Ord. 79-4 ? 1 
(3.160)(3)(c)) 
 
17.38.070 Warning and disclaimer of 
liability. 
  The degree of flood protection required 
by this chapter is considered reasonable for 
regulatory purposes and is based on 
scientific and engineering considerations. 
Larger floods can and will occur on rare 
occasions. Flood heights may be increased 
by manmade or natural causes. This 
chapter does not imply land outside the 
areas of special flood hazards or uses 
permitted within such areas will be free 
from flooding or flood damages. This 
chapter shall not create liability on the part 
of the city, or any officer or employee 
thereof, for any flood damages that result 
from reliance on this chapter or any 
administrative decision lawfully made 
thereunder. (Ord. 87-4 ? 1(part): Ord. 86-
16 ? 3 (part): Ord. 79-4 ? 1(3.160)(3)(d)) 
 
17.38.080  Establishment of permit. 
  A building/development permit is 
required in conformance with the 
provisions of this chapter. The permit is for 
all structures including manufactured 
homes, as set forth in Secti
and for all developments including fill and 
other activities, also as defined in Section 
17.38.030. Application for a 
building/development permit shall be made 
to the building official on forms furnished 
by him and shall specifically include the 
following information:
  A.  Elevation in relation to mean sea 
level of the lowest floor (including 
basement) of all structures; 
  B.  Elevation in relation to mean sea 
level to which any structure has been 
floodproofed; 
  C.  Certification by a registered 
professional engineer or architect that the 
floodproofing method for any 
nonresidential structure meets the 
floodproofing criteria in Section 17.38.190; 
  D.  Description of the extent to which 
any watercourse will be altered or 
relocated as a result of proposed 
development. (Ord. 87-4 ? 1 (part): Ord. 
86-16 ? 3 (part): Ord. 79-4 ? 
1(3.160)(4)(a)) 
 
17.38.090  Duties and responsibilities. 
  A.  Duties of Building Official. The 
duties of the building official include, but 
are not limited to permit review:
  1.  Review of all development permits 
to determine that the permit requirements 
of this chapter have been satisfied; 
  2.  Review all development permits to 
require that all necessary permits have 
been obtained from those federal, state or 
local governmental agencies from which 
prior approval is required; 
  17.38.100 
  243  (Cannon Beach 10-04) 
  3.  Review all development permits in 
the area of special flood hazard to 
determine if the proposed development 
adversely affects the flood carrying 
capacity of the area. 
  B.  Use of Other Base Flood Data. 
When base flood elevation data has not 
been provided in accordance with Section 
17.38.050, Basis for Establishment of 
Special Flood Hazard Areas, the building 
official shall obtain, review and reasonably 
utilize any base flood elevation data 
available from a federal, state or other 
source in order to administer Section 
17.38.180, Residential Construction, and 
Section 17.38.190, Nonresidential 
Construction. 
  C.  Information to be Obtained and 
Maintained. Where base flood elevation 
data is provided through the flood 
insurance study or required as in 
subsection B of this section, the building 
official shall: 
  1.  Verify and record actual elevation 
(in relation to mean sea level) of the lowest 
floor (including basement) of all new or 
substantially improved structures and 
whether or not the structure contains a 
basement; 
  2.  For all new or substantially 
improved floodproofed structures: 
  a.  Verify and record the actual 
elevation (in relation to mean sea level), 
and  
  b.  Maintain the floodproofing 
certifications required in Section 17.38.080 
C;  
  3.  Maintain for public inspection all 
records pertaining to the provisions of this 
chapter; 
  4.  In coastal high-hazard areas, obtain 
certification from a registered professional 
engineer or architect that the structure is 
securely anchored to adequately anchored 
pilings or columns in order to withstand 
velocity waters. 
  D.  Alteration of Watercourses. The 
building official shall: 
  1.  Notify adjacent communities and 
the Oregon Department of Land 
Conservation and Development prior to 
any al  
watercourse, and submit evidence of such 
notification to the Federal Insurance 
Administration; 
  2.  Require that maintenance is 
provided within the altered or relocated 
portion of such watercourse so that the 
flood-carrying capacity is not diminished. 
  E.  Interpretation of FIRM Boundaries. 
The building official shall make 
interpretations where needed as to the 
exact location of the boundaries of the 
areas of special flood hazards (for 
example, where there appears to be a 
conflict  between a mapped boundary and 
actual field conditions). The person 
contesting the location of the boundary 
shall be given a reasonable opportunity to 
appeal the interpretations as provided in 
Section 17.38.100. (Ord. 90-10 ? 1 (Appx. 
A ? 26); Ord. 87-4 ? 1 (part): Ord. 86-16 ? 
3 (part): Ord. 79-4 ? 1(3.160)(4)(b)?(f)) 
 
17.38.100  Appeals and variances. 
  A.  The planning commission shall hear 
and decide appeals when it is alleged there 
is an error in any interpretation, 
requirement, decision or determination i
  17.38.110 
  244  (Cannon Beach 10-04) 
the enforcement or administration of this 
chapter. 
  B.  An action or ruling of the planning 
commission may be appealed pursuant to 
Section 17.88.140. 
  C.  Variances shall be issued or denied 
n accordance with Chapter 17.84 and any 
amendment thereto. 
  D.  The administrative procedure for 
hearing a variance shall be as established 
in Chapter 17.88. 
  E.  When a variance is granted, the city 
administrator shall give written notice 
within five days after the decision that the 
structure or manufactured home will be 
allowed to be built or placed with the 
lowest floor elevation at or below the base 
flood elevation, and that the issuance of the 
variance to construct a structure below the 
base flood level will result in increased 
premium rates for flood insurance as high 
as twenty-five dollars for every one 
hundred dollars of insurance coverage; and 
such construction below the base flood 
level increases the risk to life and property. 
Such notification shall be maintained with 
a record of all variance actions. (Ord. 90-
10 ? 1 (Appx. A ? 27); Ord. 87-4 ? 1 
(part): Ord. 86-16 ? 3 (part): Ord. 79-4 ? 1 
(3.160)(4)(g)) 
 
17.38.110  Flood hazard reduction?
Generally. 
  In the Flood Hazard Overlay Zone 
(FHO zone) the general provisions set out 
in Sections 17.38.120 through 17.38.160 
are required. (Ord. 87-4 ? 1 (part): Ord. 86-
16 ? 3 (part): Ord. 79-4 ? 1 (3.160)(5)(a)) 
 
17.38.120  Anchoring. 
  A.  All new construction and substantial 
improvement shall be anchored to prevent 
flotation, collapse or lateral movement of 
the structure. 
  B.  All manufactured homes must 
likewise be anchored to prevent flotation, 
collapse or lateral movement, and shall be 
installed using methods and practices that 
minimize flood damage. Anchoring 
methods may include, but are not limited 
to, use of over-the-top or frame ties to 
ground anchors (reference FEMA?s 
?Manufactured Home Installation in Flood 
Hazard Areas? guidebook for additional 
techniques). A certificate signed by a 
registered architect or engineer which 
certifies that the anchoring system is in 
conformance with FEMA regulations shall 
be submitted prior to final inspection 
approval. (Ord. 90-10 ? 1 (Appx. A ? 28); 
Ord. 87-4 ? 1 (part): Ord. 86-16 ? 3 (part): 
Ord. 79-4 ? 1 (3.160)(5)(a)(1)) 
 
17.38.130  Construction materials and 
methods. 
  A.  All new construction and substantial 
improvements shall be constructed with 
materials and utility equipment resistant to 
flood damage. 
  B.  All new construction or substantial 
improvements shall be constructed by 
methods and practices that minimize flood 
damage. 
  C.  Electrical, heating, ventilation, 
plumbing and air-conditioning equipment 
and other service facilities shall be elevated 
to one foot above flood level so as to 
prevent water from entering or 
accumulating within the components 
  17.38.140 
  245  (Cannon Beach 10-04) 
during conditions of flooding. (Ord. 90-10 
? 1 (Appx. A ? 29); Ord. 87-4 ? 1 (part): 
Ord. 86-16 ? 3 (part): Ord. 79-4 ? 1 
(3.160)(5)(a)(2)) 
 
17.38.140  Utilities. 
  A.  All new and replacement water 
supply systems shall be designed to 
minimize or eliminate infiltration of flood 
waters into the system. 
  B.  New and replacement sanitary 
sewage systems shall be designed to 
minimize or eliminate infiltration of flood 
waters into the systems and discharges 
from the systems into flood waters. 
  C.  On-site waste disposal systems shall 
be located to avoi
contamination from them during flooding. 
(Ord. 87-4 ? 1 (part): Ord. 86-16 ? 3 (part): 
Ord. 79-4 ? 1 (3.160)(5)(a)(3)) 
 
17.38.150  Subdivision proposals. 
  A.  All subdivision proposals shall have 
public utilities and facilities such as sewer, 
gas, electrical and water systems located 
and constructed to minimize flood damage. 
  B.  All subdivision proposals shall be 
consistent with the need to minimize flood 
damage. 
  C.  All subdivision proposals shall have 
adequate drainage provided to reduce 
exposure to flood damages. 
  D.  Where base flood elevation data has 
not been provided or is not available from 
another authoritative source, it shall be 
generated for subdivision proposals and 
other proposed developments which 
contain at least fifty lots or five acres 
(whichever is less). (Ord. 87-4 ? 1 (part): 
Ord. 86-16 ? 3 (part): Ord. 79-4 ? 1 
(3.160)(5)(a)(4)) 
 
17.38.160  Review of building 
permits. 
  Where elevation data is not available 
either through the flood insurance study or 
from another authoritative source (Section 
17.38.090(B)), applications for building 
permits shall be reviewed to assure that 
proposed construction will be reasonably 
safe from flooding. The test of 
reasonableness is a local judgement and 
includes use of historical data, high-water 
marks, photographs of past flooding, etc., 
where available. Failure to elevate at least 
two feet above the natural grade in these 
zones may result in higher insurance rates. 
(Ord. 99-3 ? 3: Ord. 87-4 ? 1 (part): Ord. 
86-16 ? 3 (part): Ord. 79-4 ? 1 
(3.160)(5)(a)(5)) 
 
17.38.170  Specific standards. 
  In all areas of special flood hazards 
(FHO zone) where base flood elevation 
data has been provided as set forth in 
Section 17.38.050, Basis for Establishing 
the Areas of Special Flood Hazard, or 
Section 17.38.090 (B), Use of Other Base 
Flood Data, the provisions in Sections 
17.38.180 through 17.38.220 are required. 
(Ord. 87-4 ? 1 (part): Ord. 86-16 ? 3 (part): 
Ord. 79-4 ? 1 (3.160)(5)(b)) 
 
17.38.180  Residential construction. 
  New construction and substantial 
improvement of any residential structure 
shall have the lowest floor, including 
basement, elevated to one foot above the 
base flood elevation. Fully enclosed areas 
  17.38.190 
  246  (Cannon Beach 10-04) 
below the lowest floor that are subject to 
flooding are prohibited, or shall be 
designed to automatically equalize 
hydrostatic flood forces on exterior walls 
by allowing for the entry and exit of 
floodwaters. Designs for meeting this 
requirement must either be certified by a 
registered professional engineer or 
architect or must meet or exceed the 
following minimum criteria:
  A.  A minimum of two openings having 
a total net area of not less than one square 
inch for every square foot of enclosed area 
subject to flooding shall be provided. 
  B.  The bottom of all openings shall be 
no higher than one foot above grade. 
  C.  Openings may be equipped with 
screens, louvers, or other coverings or 
devices provided that they permit the 
automatic entry and exit of floodwaters. 
(Ord. 87-4 ? 1 (part): Ord. 86-16 ? 3 (part): 
Ord. 79-4 ? 1 (3.160)(5)(b)(1)) 
 
17.38.190  Nonresidential 
construction. 
  A.  New construction and substantial 
improvement of any commercial, industrial 
or other nonresidential structure shall 
either have the lowest floor, including 
basement, elevated to the level of the base 
flood elevation, or, together with attendant 
utility and sanitary facilities, shall:
  1.  Be floodproofed so that below the 
base flood level the structure is watertight 
with walls substantially impermeable to the 
passage of water; 
  2.  Have structural components capable 
of resisting hydrostatic and hydrodynamic 
loads and effects of buoyancy; 
  3.  Be certified by a registered 
professional engineer or architect that the 
design and methods of construction are in 
accordance with accepted standards of 
practice for meeting provisions of this 
subsection based on their development 
and/or review of the structural design, 
specification and plans. Such certifications 
shall be provided to the official as set forth 
in Section 17.38.090(C)(2)(b). 
  B.  Nonresidential structures that are 
elevated,  not floodproofed, must meet the 
same standards for space below the lowest 
floor as described in Section 17.38.180. 
  C.  Applicants floodproofing 
nonresidential buildings shall be notified 
that flood insurance premiums will be 
based on rates that are one foot below the 
floodproofed level (e.g., a building 
constructed to the base flood level will be 
rated as one foot below that level). (Ord. 
87-4 ? 1 (part): Ord. 86-16 ? 3 (part): Ord. 
79-4 ? 1 (3.160) (5)(b)(2)) 
 
17.38.200  Manufactured homes. 
  A.  All manufactured homes to be 
placed or substantially improved within 
zones A1-30, AH and AE on the FIRM on 
sites: 
  1.  Outside of a manufactured home 
park or subdivision; 
  2.  In a new manufactured home park 
or subdivision; 
  3.  In an expansion to an existing 
manufactured home park or subdivision; or 
  4.  In an existing manufactured home 
park or subdivision on which a 
manufactured home has incurred 
?substantial damage? as the result of a 
flood; shall be elevated on a permanent 
  17.38.205 
  247  (Cannon Beach 10-04) 
foundation such that the lowest floor of the 
manufactured home is elevated to one foot 
above the base flood elevation and be 
securely anchored to an adequately 
designed foundation system to resist 
flotation, collapse and lateral movement. 
  B.  Manufactured homes to be placed or 
substantially improved on sites in an 
existing manufactured home park or 
subdivision within zones A1-30, AH and 
AE on the FIRM that are not subject to the 
provisions of Section 17.38.200(A) shall 
be elevated so that either:
  1.  The lowest floor of the 
manufactured home is elevated one foot 
above the base flood elevation; or 
  2.  The manufactured home chassis is 
supported by reinforced piers or other 
foundation elements of at least equivalent 
strength that are no less than thirty-six 
inches in height above grade and be 
securely anchored to an adequately 
designed foundation system to resist 
flotation, collapse and lateral movement. 
(Ord. 99-3 ? 4: Ord. 90-10 ? 1 (Appx. A ? 
30): Ord. 87-4 ? 1 (part): Ord. 86-16 ? 3 
(part): Ord. 79-4 ? 1 (3.160)(5)(b)(3)) 
 
17.38.205  Recreational vehicles. 
  Recreational vehicles placed on sites 
within zones A1-30, AH and AE on the 
FIRM shall either: 
  1.  Be on the site for fewer than one 
hundred eighty consecutive days; 
  2.  Be fully licensed and ready for 
highway use, on its wheels or jacking 
system, is attached to the site only by quick 
disconnect type utilities and security 
devices, and has no permanently attached 
additions; or 
  3.  Meet the requirements of Section 
17.38.200 and the elevation and anchoring 
requirements for manufactured homes. 
(Ord. 99-3 ? 5: Ord. 90-10 ? 1 (Appx. A ? 
31): Ord. 79-4 ? 1 (3.160)(5)(b)(4)) 
 
17.38.210  Coastal high-hazard areas. 
  Coastal high-hazard areas (V zones) are 
located within the areas of special flood 
hazard established in Section 17.38.040. 
These areas have special flood hazards 
associated with high velocity waters from 
tidal surges and, therefore, in addition to 
meeting all provisions in this chapter, the 
following provisions also apply: 
  A.  1. In all new construction and 
substantial improvements in zones V1?
V30 and VE (V if base flood elevation data 
is available) shall be elevated on pilings 
and columns so that: 
  a.  The bottom of the lowest horizontal 
structural member of the lowest floor 
(excluding the pilings or columns) is 
elevated to or above the base flood level, 
and 
  b.  The pile or column foundation and 
structure attached thereto is anchored to 
resist flotation, collapse and lateral 
movement due to the effects of wind and 
water loads acting simultaneously on all 
building components. Wind and water 
loading values shall each have a one 
percent chance of being equaled or 
exceeded in any given year (one-hundred-
year mean recurrence interval); 
  2.  A registered professional engineer 
or architect shall develop or review the 
structural design, specifications and plans 
for  the construction and shall certify that 
the design and methods of construction to 
  17.38.210 
  248  (Cannon Beach 10-04) 
be used are in accordance with accepted 
standards of practice for meeting the 
provisions of subsections (A) (1) (a) and 
(A) (1) (b) of this section. 
  B.  Obtain the elevation (in relation to 
mean sea level) of the bottom of the lowest 
structural member of the lowest floor 
(excluding pilings and columns) of all new 
and substantially improved structures in 
zones V1 ? V30 and VE, and whether or 
not such structures contain a basement. 
The local administrator shall maintain a 
record of all such information. 
  C.  All new construction shall be 
located landward of the reach of mean high 
tide. 
  D.  All new construction and substantial 
improvements shall have the space below 
the lowest floor either free of obstruction 
or constructed with nonsupporting 
breakaway walls, open wood latticework or 
insect screening intended to collapse under 
wind and water loads without causing 
collapse, displacement or other structural 
damage to the elevated portion of the 
building or supporting foundation system. 
For the purpose of this section, a 
breakaway wall shall have a design safe 
loading resistance of not less than ten and 
no more than twenty pounds per square 
foot. Use of breakaway walls which exceed 
a design safe loading resistance of twenty 
pounds per square foot (either by design or 
when so required by local or state codes) 
may be permitted only if a registered 
professional engineer or architect certifies 
that the designs proposed meet the 
following conditions:
  1.  Breakaway wall collapse shall result 
from a water load less than that which 
would occur during the base flood; and 
  2.  The elevated portion of the building 
and supporting foundation system shall not 
be subject to collapse, displacement or 
other structural damage due to the effects 
of wind and water loads acting 
simultaneously on all building components 
(structural and nonstructural). Maximum 
wind and water loading values to be used 
in this determination shall each have a one 
percent chance of being equaled or 
exceeded in any given year (one-hundred-
year mean recurrence interval). 
  E.  If breakaway walls are utilized, such 
enclosed space shall be useable solely for 
parking of vehicles, building access or 
storage. Such space shall not be used for 
human habitation. 
  F.  The use of fill for structural support 
of buildings is prohibited. 
  G.  Manmade alteration of sand dunes 
which would increase potential flood 
damage is prohibited. 
  H.  All manufactured homes to be 
placed or substantially improved within 
zones V l30, V and VE on the FIRM on 
sites: 
  1.  Outside of a manufactured home 
park or subdivision; 
  2.  In a new manufactured home park 
or subdivision; 
  3.  In an expansion to an existing 
manufactured home park or subdivision; or 
  4.  In an existing manufactured home 
park or subdivision on which a 
manufactured home has incurred 
?substantial damage? as the result of a 
flood; shall meet the standards of Section 
  17.38.220 
  249  (Cannon Beach 10-04) 
17.38.210(A) through (G) and that 
manufactured homes placed or 
substantially improved on other sites in an 
existing manufactured home park or 
subdivision within zones V1-30, V and VE 
on the FIRM meet the requirements of 
Section 17.38.200. 
  I.  Recreational vehicles placed on sites 
within zones VI-30, V, and VE on the 
FIRM shall either: 
  1.  Be on the site for fewer than one 
hundred eighty consecutive days; 
  2.  Be fully licensed and ready for 
highway use, on its wheels or jacking 
system, is attached to the site only by quick 
disconnect type utilities and security 
devices, and has no permanently attached 
additions; or 
  3.  Meet the requirements of Section 
17.38.210(A) through (G) and a permit, 
pursuant to Section 17.38.080, is obtained. 
(Ord. 993 ? 6: Ord. 87-4 ? 1 (part): Ord. 
86-16 ? 3 (part): Ord. 79-4 ? 1 (3.160) 
(5)(c)) 
 
17.38.220  Areas of shallow flooding. 
  Shallow flooding areas appear on 
FIRMs as AO zones with depth 
designations. The base flood depths in 
these zones range from one to three feet 
where a clearly defined channel does not 
exist, or where the path of flooding is 
unpredictable and where veloci
be evident. Such flooding is usually 
characterized as sheet flow. In these areas, 
the following provisions apply:
  A.  New construction and substantial 
improvements of residential structures 
within AO zones shall have the lowest 
floor (including basement) elevated above 
the highest adjacent grade of the building 
site, to or above the depth number 
specified on the FIRM (at least two feet if 
no depth number is specified); 
  B.  New construction and substantial 
improvement of nonresidential structures 
shall either:
  1.  Have the lowest floor (including 
basement) elevated above the highest 
adjacent grade of the building site, to or 
above the depth number specified on the 
FIRM (at least two feet if no depth number 
is specified), or 
  2.  Together with attendant utility and 
sanitary facilities, be completely 
floodproofed to or above that level so that 
any space below that level is watertight 
with walls substantially impermeable to the 
passage of water and with structural 
components having the capability of 
resisting hydrostatic and hydrodynamic 
loads and effects of buoyancy. If this 
method is used compliance shall be 
certified by a registered professional 
engineer or architect; 
  C.  Adequate drainage paths around 
structures on slopes are required to guide 
floodwaters around and away from 
proposed structures. (Ord. 87-4 ? 1 (part): 
Ord. 86-16 ? 3 (part): Ord. 79-4 ? 1 
(3.160)(5)(d)) 
 
17.38.230  Use restrictions. 
  Restrictions regarding height, rear yards, 
side yards, front yard setback, minimum lot 
area, signs, vi
space shall be the same as set forth in each 
specific zone located within the flood 
hazard overlay zone area. (Ord. 87-4 ? 1 
  17.38.240 
  250  (Cannon Beach 10-04) 
(part): Ord. 86-16 ? 3 (part): Ord. 79-4 ? 1 
(3.160) (6)(a)) 
 
17.38.240  Prohibited uses. 
  It is unlawful to erect, alter, maintain or 
establish in a flood hazard overlay zone 
any building, use or occupancy not 
permitted or allowed in the foregoing 
provisions, except existing nonconforming 
uses, which may continue as provided in 
Chapter 17.82. (Ord. 87-4 ? 1 (part): Ord. 
86-16 ? 3 (part): Ord. 79-4 ? 1 
(3.160)(6)(b)) 
 
Chapter 17.40 
 
PLANNED DEVELOPMENT (PD) 
ZONE 
 
Sections: 
17.40.010  Purpose. 
17.40.020  Standards and 
requirements?
Generally. 
17.40.030  Development standards. 
17.40.040  Planned development 
procedures. 
17.40.050  Permit criteria. 
17.40.060  Mapping. 
17.40.070  Limitation on 
resubmission. 
17.40.080  Adherence to approved 
plan?Modifications. 
17.40.090  Violation?Permit 
revocation. 
 
17.40.010  Purpose. 
  A.  It is the intent of this chapter to 
encourage appropriate and orderly 
development of tracts of land sufficiently 
large to allow comprehensive planning and 
to provide a degree of flexibility in the 
application of certain regulations which 
cannot be obtained through traditional lot-
by-lot subdivision. In this manner, 
environmental amenities may be enhanced 
by promoting a harmonious variety of uses; 
the economy of shared services and 
facilities; compatibility of surrounding 
areas; and the creation of attractive, 
healthful, efficient and stable environments 
for living, shopping or working. 
  B.  Specifically, it is the purpose of this 
chapter to promote and encourage the 
flexibility of design in the placement and 
uses of buildings and open space, streets 
and off-street parking areas, and to more 
efficiently utilize the potential of sites 
characterized by special features of 
geography, topography, size or shape. 
  C.  It is not the intention of this chapter 
to be a bypass of regular zoning provisions 
solely to allow increased densities, nor is it 
a means of maximizing densities on parcels 
of land which have unbuildable or 
unusable areas. (Ord. 79-4 ? 1 
(3.170)(part)) 
 
17.40.020  Standards and 
requirements?Generally. 
  A.  Size. 
  1.  Planned residential development 
may be established in residential zones on 
parcels of land which are suitable for and 
of sufficient size to be planned and 
developed in a manner consistent with the 
purposes and objectives of the 
comprehensive plan and this title. The site 
shall include not less than three acres of 
contiguous land, unless the planning 
  17.40.020 
  251  (Cannon Beach 10-04) 
commission finds that property of less than 
three acres is suitable by virtue of its 
unique character, topography or other 
natural features, or by virtue of its 
qualifying as an isolated problem area. 
  2.  Where the development involves 
partitioning, subdivision or resubdivision, 
or condominium ownership of land and 
buildings, the requirements of the land 
division ordinance shall be adhered to 
concurrently. 
  B.  Ownership. 
  1.  The tract of land or tracts of land 
included in a proposed planned 
development must be in one ownership or 
control or the subject of a joint application 
by the owners of all the property included. 
The holder of a written option to purchase 
shall be deemed the owner of such land for 
the purposes of this section. 
  2.  Unless otherwise provided as a 
condition for approval of a planned 
development permit, the permittee may 
divide and transfer units of any 
development. The transferee shall use and 
maintain each such unit in strict 
conformance with the approved permit and 
development plan. 
  C.  Professional Design. 
  1.  The applicant for all proposed 
planned developments shall certify that the 
talents of the following professionals will 
be utilized in the planning process for 
development: (a) an architect licensed by 
the state, (b) a landscape architect licensed 
by the state, (c) a registered engineer and 
land surveyor licensed by the state. The 
planning commission may waive this 
requirement provided the applicant can 
show the equivalent and acceptable design 
talents have been utilized in the planning 
process. 
  2.  One of the professional consultants 
chosen by the applicant from the above 
group shall be designated to be responsible 
for conferring with the city staff with 
respect to the concept and details of the 
plan. 
  3.  The selection of the professional 
coordinator of the design team will not 
limit the owner or the developer in 
consulting with the city staff or the 
commission. 
  D.  General Information. The planning 
process for development shall include:
  1.  Plot plan of land in area to be 
developed  indicating location of adjacent 
streets and all private rights-of-way 
existing and proposed; 
  2.  A legal boundary survey; 
  3.  Existing and proposed finish 
grading of the property with all drainage 
features; 
  4.  Location of all proposed structures, 
together with the usage to be contained 
therein and approximate location of all 
entrances thereto and height and gross 
floor area thereof; 
  5.  Vehicular and pedestrian circulation 
features within the site and on adjacent 
streets and alleys; 
  6.  The extent, location, arrangement 
and proposed improvements of all off-
street parking and loading facilities; 
  7.  The extent, location, arrangement 
and proposed improvements of all open 
space, landscaping, fences and walls; 
  8.  Architectural drawings and sketches 
demonstrating the planning and character 
of the proposed development; 
  17.40.030 
  252  (Cannon Beach 10-04) 
  9.  The number of units proposed; 
  10. Contour lines at two-foot intervals. 
  E.  Permitted Buildings and Uses. The 
following buildings and uses may be 
permitted as provided in this subsection. 
Buildings and uses may be permitted either 
singly or in combination, provided the 
overall density of the planned development 
does not exceed the density of the parent 
zone:
  1.  Single-family dwellings including 
detached, attached or semi-attached units, 
row houses, atrium or patio houses; 
provided each has its own separate plot; 
  2.  Duplexes; 
  3.  Multiple-family dwellings; 
  4.  Accessory buildings and uses; 
  5.  Condominiums; 
  6.  Buildings or uses listed as permitted 
outright or conditionally in the parent zone 
in which the planned development is 
located. (Ord. 79-4 ? 1 (3.170)(1)) 
 
17.40.030  Development standards. 
  In addition to, or as a greater 
requirement to the regulations normally 
found in the zone, the following guidelines 
and requirements apply to all 
devel  
development permit is required:
  A.  Outdoor Living Area Guidelines. In 
all residential developments, forty percent 
of the total area should be devoted to 
outdoor living area. Of this area, twenty-
five percent of the outdoor livi
be utilized privately by individual owners 
or users of the planned development; 
however, seventy-five percent of this area 
should be common or shared outdoor 
living area. 
  B.  Height Guidelines. The same 
restrictions shall prevail as permitted 
outright in the zone in which such 
development occurs, except that the 
commission may further limit heights:
  1.  Around the site boundaries; and/or  
  2.  To protect scenic vistas from 
encroachments. 
  C.  Underground Utilities. In any 
development which is primarily designed 
for or occupied by dwellings, all electric 
and telephone facilities, fire alarm 
conduits, street light wiring and other 
wiring conduits and similar facilities shall 
be placed underground by the developer. 
  D.  Density Guidelines. 
  1.  The density of a planned 
development shall not exceed the density 
of the parent zone, except as more 
restrictive regulations may be prescribed as 
a condition of a planned development 
permit. When calculating density, the net 
area is used  ? the total area excluding 
street dedications. 
  2.  Areas of public or semi public uses 
(not public ownership) may be included in 
calculating allowable density. 
  E.  Distribution of Facilities Without 
Reference to Lot Lines. Individual 
buildings, accessory buildings, off-street 
parking and loading facilities, open space 
and landscaping and screening may be 
located without reference to lot lines, save 
the boundary lines of the development, 
except that required parking spaces serving 
residential uses shall be located within two 
hundred feet of the building containing the 
living units served. 
  F.  Waiver of Reduction of Yard and 
Other Dimensional Requirements. Except 
  17.40.040 
  253  (Cannon Beach 10-04) 
as otherwise provided, the minimum lot 
area, width and frontage, height and yard 
requirements otherwise applying in the 
zone shall not dictate the strict guidelines 
for development of the planned 
development, but shall serve to inform the 
designers of the importance of developing 
a project that will be in harmony with the 
character of the surrounding neighborhood. 
  G.  Dedication and Maintenance of 
Facilities. The planning commission may, 
as a condition of approval for any 
development for which a planned 
development permit is required, require 
that portions of the tract or tracts under 
consideration be set aside, improved, 
conveyed or dedicated for the following 
uses: 
  1.  Recreation Facilities. The 
commission or council, as the case may be, 
may require that suitable area for parks or 
playgrounds be set aside, improved or 
permanently reserved for the owners, 
residents, employees or patrons of the 
development. 
  2.  Outdoor Living Area. Whenever 
private outdoor living area is provided, the 
commission or council shall require that an 
association of owners or tenants be created 
into a nonprofit corporation under the laws 
of the State of Oregon, which shall adopt 
such articles of incorporation and by-laws 
and adopt and impose such declaration of 
covenants and restrictions on such outdoor 
living areas and/or common areas that are 
acceptable to the commission. Such 
association shall be formed and continued 
for the purpose of maintaining such 
outdoor living area. Such an association, if 
required, may undertake other functions. It 
shall be created in such a manner that 
owners of property shall automatically be 
members and shall be subject to 
assessments levied to maintain such 
outdoor living area for the purposes 
intended. The period of existence of such 
association shall be not less than twenty 
years, and it shall continue thereafter until 
a majority vote of the members shall 
terminate it. 
  3.  Streets. The commission or council 
may require that the right-of-way width of 
such other streets necessary to the proper 
development of adjacent properties be 
dedicated to the city. 
  4.  Easements. Easements necessary to 
the orderly extension of public utilities 
may be required as a condition of approval. 
(Ord. 79-4 ? 1 (3.170)(2)) 
 
17.40.040  Planned development 
procedures. 
  There shall be a three-stage review 
process for planned developments 
consisting of pre-application (stage one), 
preliminary approval (stage two) and final 
approval (stage three). 
  A.  Pre-Application (Stage One). The 
owner or his authorized agent shall submit 
to the planning department the following 
information:
  1.  A schematic drawing, drawn to a 
minimum scale of one inch equals one 
hundred feet, showing the general 
relationship contemplated among all public 
and private uses and existing physical 
features; 
  2.  A written statement setting forth the 
source of water supply, method of sewage 
disposal, means of drainage, dwelling 
  17.40.040 
  254  (Cannon Beach 10-04) 
types, nonresidential uses, lot layout, 
public and private access, height of 
structures, lighting, landscaped areas and 
provisions for maintenance of landscaped 
areas, areas to be devoted to various uses 
and housing densities per net acre and per 
gross acre contemplated by the applicant. 
  The developer and the city staff shall 
meet together and determine whether the 
requirements of this chapter have been 
complied with. If there is disagreement on 
this issue, the applicant, by request, or the 
staff may take this pre-application 
information to the commission for their 
determination of whether this site qualifies 
for the contemplated planned development. 
The professional coordinator shall be 
responsible for presenting the developer?s 
plan in all of the broad professional aspects 
to the planning department. If the staff and 
the applicant reach a satisfactory 
agreement, the applicant may proceed to 
prepare the data for stage two, preliminary 
approval. 
  B.  Preliminary Approval (Stage Two). 
  1.  Applications for planned 
developments, preliminary approval, shall 
be made by the owner of all affected 
property or his authorized agent, and shall 
be filed on a form prescribed by the city. 
Applications shall be accompanied by a fee 
prescribed by the city and accompanied by 
the following information:
  a.  Four copies of a preliminary 
development plan of the entire 
development, showing streets, driveways, 
off-street parking and loading areas; 
location and approximate dimensions of 
structures, including activities and number 
of living units; major landscaping features; 
relevant operational data, drawings and/or 
elevations clearly establishing the scale, 
character and relationship of buildings, 
streets and open space. Such development 
plan shall include maps and information on 
the surrounding area within four hundred 
feet of the development. A boundary 
survey or a certified boundary description 
by a registered surveyor, plus contour 
information, shall also be submitted. 
  The elevation of all points used to 
determine contours shall be indicated on 
the preliminary plan and such points shall 
be given to true elevation above mean sea 
level as determined by the city engineer. 
The base data used shall be clearly 
indicated and shall be compatible with city 
datum, if bench marks are not adjacent. 
Two-foot contour intervals are required. 
All elements listed in this subsection shall 
be characterized as existing or proposed 
and sufficiently detailed to indicate intent 
and impact; 
  b.  A tabulation of the land area to be 
devoted to open space, streets or other 
uses, and a calculation of the average 
residential density per net acre; 
  c.  A stage development schedule 
demonstrating that the developer intends to 
commence construction within one year 
after the approval of the final development 
plan and will proceed diligently to 
completion; 
  d.  If it is proposed that the final 
development plan will be executed in 
stages, a schedule thereof will be required. 
  2.  An application for planned 
development permit shall be considered by 
the planning commission. A public hearing 
as specified in Chapter 17.88 shall be held 
  17.40.040 
  255  (Cannon Beach 10-04) 
on each such application. After such 
hearing, the commission shall determine 
whether the proposal conforms to the 
permit criteria set forth in Section 
17.40.050, and to the planned development 
regulations, and  may approve or 
disapprove in concept the application and 
the accompanying preliminary 
development plan, or require changes or 
impose conditions of approval as are in its 
judgment necessary to ensure conformity 
to such criteria and regulations. In doing 
so, the commission may, in its discretion, 
authorize submission of the final 
development plan in stages corresponding 
to different units or elements of the 
development. It may do so only upon 
evidence assuring completion of the entire 
development in accordance with the 
preliminary development plan and stage 
development schedule. Should a decision 
not be rendered within sixty days after 
filing, the application and preliminary 
development plan shall be deemed 
approved in concept unless such time has 
been extended by the commission. 
  C.  Final Approval (Stage Three). 
  1.  Within one year after concept 
approval or modified approval of a 
preliminary development plan, the 
applicant shall file with the planning 
department a final plan for the entire 
development or, when submission in stages 
has been authorized, for the first unit of 
development. The final plan shall conform 
in all major respects with the approved 
preliminary development plan. The final 
plan shall include all information included 
in the preliminary plan, plus the following: 
the location of water, sewerage and 
drainage facilities; detailed building and 
landscaping plans and elevations; the 
character and location of signs; plans for 
street improvements and grading or earth 
moving plans. The final plan shall  be 
sufficiently detailed to indicate fully the 
ultimate operation and appearance of the 
development. Copies of the legal 
documents required by the commission for 
dedication or reservation of public 
facilities, or for the creation of a nonprofit 
homes association, shall also be submitted. 
  2.  Within thirty days after the filing of 
the final development plan, the 
commission shall forward such 
development plan and the original 
application to the public works department 
for review of public improvements, 
including streets, sewers and drainage. The 
commission shall not act on a development 
plan until it has first received a report from 
the public works department, or until more 
than thirty days have elapsed since the plan 
and application were sent to the public 
works department, whichever is the shorter 
period. 
  3.  Upon receipt of the final 
development plan the planning commission 
shall examine such plan and determine 
whether it conforms to all applicable 
criteria and standards and whether it 
conforms in all substantial respects to the 
previously approved planned development 
permit, or require such changes in the 
proposed development, or impose such 
conditions of approval as are in its 
judgment necessary to ensure conformity 
to the applicable criteria and standards. In 
so doing, the commission may permit the 
  17.40.050 
  256  (Cannon Beach 10-04) 
applicant to revise the plan within thirty 
days. 
  4.  After final concept approval by the 
planning commission, the planned 
development application will be sent to the 
city council for consideration for final 
approval. A public hearing as specified in 
Chapter 17.88 shall be held on each such 
application. After such hearing, the city 
council shall determine whether the 
proposal conforms to the permit criteria set 
forth in Section 17.40.050 and to the 
planned development regulations, and may 
approve or disapprove the application and 
the accompanying development plan or 
require changes or impose conditions of 
approval as are in its judgment necessary 
to ensure conformity to such criteria and 
regulations. The decision of the city 
council shall be final. (Ord. 92-11 ?? 45, 
46; Ord. 79-4 ? 1 (3.170)(3)) 
 
17.40.050  Permit criteria. 
  A planned development permit may be 
granted by the planning commission only if 
it is found that the development conforms 
to all the following criteria, as well as to 
the planned development regulations: 
  A.  That the location, design, size and 
uses are consistent with the comprehensive 
plan, development map or ordinance 
adopted by the council; 
  B.  That the location, design and size 
are such that the development can be well 
integrated with its surroundings, and in the 
case of a departure in character from 
surrounding uses, that the location and 
design will adequately reduce the impact of 
the development; 
  C.  That the location, design and size 
and uses are such that traffic generated by 
the development, except in single-family 
density, can be accommodated safely and 
without congestion on existing or planned 
arterial or collector streets and will, in the 
case of commercial developments, avoid 
traversing local streets; 
  D.  That the location, design, size and 
uses are such that the residents or 
establishments to be accommodated will be 
adequately served by existing or planned 
facilities and services; 
  E.  That the location, design, size and 
uses will resul
efficient and stable environment for living, 
shopping or working. (Ord. 79-4 ? 1 
(3.170)(4)) 
 
17.40.060  Mapping. 
  Whenever a planned development 
permit has been granted, and so long as the 
permit is in effect, the boundary of the 
planned development shall be indicated on 
the land use and zoning map of the city as 
a sub-district ?PD.? (Ord. 92-11 ? 47; Ord. 
79-4 ? 1 (3.170)(5)) 
 
17.40.070  Limitation on 
resubmission. 
  Whenever an application for a planned 
development permit has been denied, no 
application for the same plan or any 
portion thereof shall be filed by the same 
applicant within six months after the date 
of denial. (Ord. 79-4 ? 1 (3.170)(6)) 
 
  17.40.080 
  257  (Cannon Beach 10-04) 
17.40.080  Adherence to approved 
plan?Modifications. 
  A.  The applicant shall agree in writing 
to be bound, for himself and his successors 
in interest, by the conditions prescribed for 
approval of a development. The approved 
final plan and stage development schedule 
shall control the issuance of all building 
permits and shall restrict the nature, 
location and design of all uses. Minor 
changes in an approved preliminary or 
final development plan may be approved 
by the code enforcement officer if such 
changes are consistent with the purposes 
and general character of the development 
plan. All other modifications, including 
extension or revisions of the stage 
development schedule, shall be processed 
in the same manner as the original 
application and shall be subject to the same 
procedural requirements. 
  B.  A performance bond shall be 
required, in an amount to be determined by 
the planning commission, to ensure that a 
development proposal is completed as 
approved and within the time limits agreed 
to. (Ord. 79-4 ? 1 (3.170)(7)) 
 
17.40.090  Violation?Permit 
revocation. 
  Failure to comply with the final 
development plan, any condition of 
approval prescribed under Section 
17.40.040 or to comply with the stage 
development schedule, shall constitute a 
violation of this chapter. In this event, the 
city council may, after notice and hearing, 
revoke the planned development permit. 
(Ord. 79-4 ? 1 (3.170)(8)) 
 
Chapter 17.42 
 
OCEANFRONT MANAGEMENT 
OVERLAY (OM) ZONE* 
 
Sections: 
17.42.010  Purpose. 
17.42.020  General provisions. 
17.42.030  Uses and activities 
permitted. 
17.42.040  Uses and activities 
prohibited. 
17.42.050  General standards. 
17.42.060  Specific standards. 
 
*  Prior ordinance history: Ords. 79-4, 86-10 and 88-13. 
 
17.42.010  Purpose. 
  The intent of the oceanfront 
management overlay (OM) zone is to 
regulate uses and activities in the affected 
areas in order to: ensure that development 
is consistent with the natural limitations of 
the oceanshore; to ensure that identified 
recreational, aesthetic, wildlife habitat and 
other resources are protected; to conserve, 
protect, where appropriate develop, and 
where appropriate restore the resources and 
benefits of beach and dune areas; and to 
reduce the hazards to property and human 
life resulting from both natural events and 
development activities. (Ord. 94-08 ? 10 
(part)) 
 
17.42.020  General provisions. 
  A.  Zone Boundaries. 
  1.  The OM zone includes the 
following areas: beaches; active dunes; 
foredunes, including active foredunes and 
conditionally stable foredunes which are 
  17.42.030 
  258  (Cannon Beach 10-04) 
subject to ocean undercutting and wave 
overtopping; conditionally stable dunes; 
interdune areas that are subject to ocean 
flooding; deflation plains; younger and 
older stabilized dunes; conditionally stable 
open sand areas; and lots abutting the 
oceanshore. The boundaries of the overlay 
zone shall be those shown on the map titled 
?Oceanfront Management Overlay Zone, 
City of Cannon Beach.? If the city has 
reason to believe that a site, presently not 
covered by the OM zone, exhibits 
characteristics that warrant its inclusion in 
the OM zone, the city shall hire an 
appropriate expert to undertake a site 
investigation to determine whether the area 
contains one or more of the land forms 
which are contained in the OM zone. If, as 
the result of the site investigation, it is 
determined that the site includes land 
forms covered by the OM zone, the site 
shall be subject to the requirements of the 
OM zone. 
  2.  The map titled ?Active dune and 
conditionally stabilized dunes, Cannon 
Beach, May 1993? is adopted by reference 
and incorporated into this zone. This map 
shall form the basis for identifying what 
constitute active dunes and conditionally 
stable dunes. 
  B.  Relationship to the Underlying 
Zone. Uses and activities within the OM 
zone are subject to the provisions and 
standards of the underlying zone and this 
chapter. Where the provisions of this zone 
and  the underlying zone conflict, the 
provisions of this zone shall apply. 
  C.  Warning and Disclaimer of 
Liability. The degree of protection from 
the effects of erosion or accretion required 
by this section is considered reasonable for 
regulatory purposes. This does not imply 
that development permitted in the OM 
zone will be free from the effects of 
erosion or accretion. These provisions shall 
not create a liability on the part of the city 
or any officer, employee, or official 
thereof, for any damages due to erosion or 
accretion that results from reliance on the 
provisions of this section or any 
administrative decision made thereunder. 
(Ord. 94-08 ? 10 (part)) 
 
17.42.030  Uses and activities 
permitted. 
  A.  For lots that consist of the beach, 
active dunes, or other foredunes which are 
conditionally stable and that are subject to 
wave overtopping or ocean undercutting, 
or interdune areas that are subject to ocean 
flooding the following uses and activities 
are permitted subject to provisions of 
Section 17.92.010, Development permits:
  1.  Remedial dune grading, subject to 
the provisions of Section 17.42.060(A)(4); 
  2.  Foredune breaching, subject to the 
provisions of Section 17.42.060(A)(2); 
  3.  Maintenance and repair of an 
existing shoreline stabilization structure, 
subject to the provisions of Section 
17.80.230(K); 
  4.  Maintenance and repair of existing 
streets, sewer or water lines, and drainage 
improvements other than storm water 
outfalls; 
  5.  Private beach access improvements, 
including stairs, subject to the provisions 
of Section 17.42.060(A)(7); 
  17.42.030 
  259  (Cannon Beach 10-04) 
  6.  Trimming of stabilizing vegetation, 
subject to the provisions of Section 
17.42.060(A)(6). 
  B.  For lots that consist of the beach, 
active dunes, or other foredunes which are 
conditionally stable and that are subject to 
wave overtopping or ocean undercutting, 
or interdune areas that are subject to ocean 
flooding the following uses and activities 
are subject to the provision of Chapter 
17.44, Design Review: 
  1.  Public beach access improvements, 
including stairs, subject to  the provisions 
of Section 17.42.060(A)(7); 
  2.  Stormwater outfalls. 
  C.  For lots that consist of the beach, 
active dunes, or other foredunes which are 
conditionally stable and that are subject to 
wave overtopping or ocean undercutting, 
or interdune areas that are subject to ocean 
flooding the following uses and activities 
are subject to the provision of Chapter 
17.80, Conditional Uses: 
  1.  Shoreline stabilization, subject to 
the provisions of Section 17.80.230; 
  2.  Nonstructural shoreline stabilization 
program, subject to the provisions of 
Section 17.42.060(A)(5); 
  3.  Foredune grading, subject to the 
provisions of Section 17.42.060(A)(3). 
  D.  For lots that do not consist of a 
beach, active dunes, or other foredunes 
which are conditionally stable and that are 
subject to wave overtopping or ocean 
undercutting, or interdune areas that are 
subject to ocean flooding: in addition to the 
uses permitted in the underlying zone, the 
following uses and activities are permitted 
subject to provisions of Section 17.92.010, 
Development permits:
  1.  Private beach access improvements, 
subject to the provisions of Section 
17.42.060(A)(7); 
  2.  Maintenance and repair to existing 
shoreline stabilization structure, subject to 
the provisions of Section 17.80.230(K); 
  3.  Dune grading. 
  E.  For lots that do not consist of a 
beach, active dunes, or other foredunes 
which are conditionally stable and that are 
subject to wave overtopping or ocean 
undercutting, or interdune areas that are 
subject to ocean flooding: in addition to the 
uses permitted in the underlying zone, the 
following uses and activities are permitted 
subject to provision of Chapter 17.44, 
Design Review: 
  1.  Public beach access improvements, 
subject to the provisions of Section 
17.42.060(A)(7); 
  2.  Stormwater outfalls. 
  F.  For lots that do not consist of a 
beach, active dunes, or other foredunes 
which are conditionally stable and that are 
subject to wave overtopping or ocean 
undercutting, or interdune areas that are 
subject to ocean flooding: in addition to the 
uses permitted in the underlying zone, the 
following uses and activities are permitted 
subject to provision of Chapter 17.80, 
Conditional Uses: 
  1.  Shoreline stabilization, subject to 
the provisions of Section 17.80.230; 
  2.  Non-structural shoreline 
stabilization program, subject to the 
provisions of Section 17.42.060(A)(5). 
(Ord. 94-08 ? 10 (part)) 
 
  17.42.040 
  260  (Cannon Beach 10-04) 
17.42.040  Uses and activities 
prohibited. 
  A.  Residential development and 
commercial and industrial buildings shall 
be prohibited on beaches, active dunes, or 
other foredunes which are conditionally 
stable and that are subject to wave 
overtopping or ocean undercutting, or 
interdune areas that are subject to ocean 
flooding. The location of these areas on a 
parcel of land shall be determined in 
accordance with Section 17.42.050(B)(3). 
  B.  Removal of sand from the beach, 
active dunes, or conditionally stable dunes 
subject to wave overtopping or ocean 
undercutting. 
  C.  Removal of stabilizing vegetation, 
except as part of a foredune grading plan 
provided for by Section 17.42.060(A)(3), 
or a nonstructural shoreline stabilization 
program provided for by Section 
17.42.060(A)(5), or as provided for by 
Section 17.52.030. (Ord. 94-08 ? 10 (part)) 
 
17.42.050  General standards. 
  A.  The uses and activities permitted in 
all areas contained in the OM zone are 
subject to the following:
  1.  Flood Hazard Overlay Zone, 
Chapter 17.38; 
  2.  Geologic hazard areas requirements, 
Chapter 17.50; 
  3.  Maintenance of beach access in 
conformance with Section 17.90.030; 
  4.  All construction proposed west of 
the Oregon Coordinate Line shall obtain 
permits as required by the Oregon Parks 
and Recreation Department; 
  5.  All construction proposed west of 
the line of vegetation shall obtain permits 
as required under the Oregon RemovalFill 
Law; 
  6.  Oceanfront Setback. For all lots 
abutting the oceanshore, the ocean yard 
shall be determined by the oceanfront 
setback line. 
  a.  The location of the oceanfront 
setback line for a given lot depends on the 
location of buildings on lots abutting the 
oceanshore in the vicinity of the proposed 
building site and upon the location and 
orientation of the Oregon Coordinate Line. 
  b.  For the purpose of determining the 
oceanfront setback line, the term 
?building? refers to the residential or 
commercial structures on a lot. The term 
?building? does not include accessory 
structures. 
  c.  The oceanfront setback line for a 
parcel is determined as follows:
  i.  Determine the affected buildings; 
the affected buildings are those located one 
hundred feet north and one hundred feet 
south of the parcel?s side lot lines. 
  ii. Determine the setback from the 
Oregon Coordinate Line for each building 
identified in subsection (A)(6)(c)(i) of this 
section. 
  iii. Calculate the average of the setbacks 
of each of the buildings identified in 
subsection (A)(6)(c)(ii) of this section. 
  d.  If there are no buildings identified 
by subsection (A)(6)(c)(i) of this section, 
then the oceanfront setback line shall be 
determined by buildings that are located 
two hundred feet north and two hundred 
feet south of the parcel?s side lot lines. 
  e.  Where a building identified by 
either subsection (A)(6)(c)(i) of this 
section or subsection (A)(6)(d) of this 
  17.42.050 
  261  (Cannon Beach 10-04) 
section extends beyond one hundred feet of 
the lot in question, only that portion of the 
building within one hundred feet of the lot 
in question is used to calculate the 
oceanfront setback. 
  f.  The setback from the Oregon 
Coordinate Line is measured from the most 
oceanward point of a building which is 
thirty inches or higher above the grade at 
the point being measured. Projections into 
yards, which conform to Section 
17.90.070, shall not be incorporated into 
the required measurements. 
  g.  The oceanfront setback line shall be 
parallel with the Oregon Coordinate Line 
and measurements from buildings shall be 
perpendicular to the Oregon Coordinate 
Line. 
  h.  The minimum ocean yard setback 
shall be fifteen feet. 
  i.  Notwithstanding the above 
provisions, the building official may 
require a greater oceanfront setback where 
information in a geologic site investigation 
report indicates a greater setback is 
required to protect the building from 
erosion hazard. 
  j.  As part of the approval of a 
subdivision, the city may approve the 
oceanfront setback for the lots contained in 
the subdivision. At the time of building 
construction, the oceanfront setback for 
such a lot shall be the setback established 
by the approved subdivision and not the 
oceanfront setback as it would be 
determined by subsections (A)(6)(a) 
through (i) of this section. Before granting 
a building permit, the building official 
shall receive assurance satisfactory to such 
official that the location of the oceanfront 
setback for said lot has been specified at 
the required location on the plat or has 
been incorporated into the deed restriction 
against the lot. 
  B.  The uses and activities permitted in 
beach and dune areas contained in the OM 
zone are subject to the following additional 
standards: 
  1.  For uses and activities located in 
beach and dune areas, other than older 
stabilized dunes, findings shall address the 
following:
  a.  The  adverse effects the proposed 
development might have on the site and 
adjacent areas; 
  b.  Temporary and permanent 
stabilization proposed and the planned 
maintenance of new and existing 
vegetation; 
  c.  Methods for protecting the 
surrounding area from any adverse effects 
of the development; and 
  d.  Hazards to life, public and private 
property, and the natural environment 
which may be caused by the proposed use. 
  2.  For uses and activities located on 
beaches, active dunes, on other foredunes 
which are conditionally stable and that are 
subject to ocean undercutting or wave 
overtopping, and on interdune areas that 
are subject to ocean flooding, findings 
shall address the following:
  a.  The standards of subsection (B)(1) 
of this section; 
  b.  The development is adequately 
protected from any geologic hazards, wind 
erosion, undercutting, ocean flooding and 
storm waves; or is of minimal value; and 
  c.  The development is designed to 
minimize adverse environmental effects. 
  17.42.060 
  262  (Cannon Beach 10-04) 
  3.  Determination of Building Line. For 
residential or commercial buildings 
proposed for lots that may consist of the 
beach, an active dune, or other foredunes 
which are conditionally stable and that are 
subject to wave overtopping or ocean 
undercutting, or interdune areas that are 
subject to ocean flooding the geologic site 
investigation required by Chapter 17.50 
shall include a determination of where 
these features are located on the lot. The 
map titled ?Active and conditionally stable 
dunes, Cannon Beach, May 1993? shall be 
used as the basis for locating the active 
dune area. The ?Flood Insurance Study, 
City of Cannon Beach, Oregon, March 
1978? and the ?Active and conditionally 
stable dunes, Cannon Beach, May 1993? 
shall be used as the basis for locating the 
conditionally stable foredunes that are 
subject to wave overtopping and interdune 
areas subject to ocean flooding. 
Conditionally stable foredunes subject to 
ocean undercutting shall be determined as 
part of the site investigation report. 
  4.  Conformance with the dune 
construction standards of Chapter  17.52. 
(Ord. 95-1 ? 1; Ord. 94-08 ? 10 (part)) 
 
17.42.060  Specific standards. 
  A.  The uses and activities permitted in 
all areas contained in the OM zone are 
subject to the following specific standards:
  1.  Shoreline stabilization subject to the 
standards of Chapter 17.80.230. 
  2.  Foredune Breaching. 
  a.  The breaching is required to 
replenish sand supply in interdune areas, or 
is undertaken on a temporary basis for 
emergency purposes such as fire control or 
the alleviation of flood hazard. 
  b.  There are no  other reasonable 
alternatives to alleviate the emergency. 
  c.  The breaching does not endanger 
existing development. 
  d.  The area affected by the breaching 
is restored according to an approved 
restoration plan prepared by a registered 
geologist, or other qualified individual 
approved by the city. At a minimum, 
foredunes shall be restored to a dune 
profile which provides flood protection 
equivalent to that prior to breaching. The 
restoration plan shall also include 
appropriate revegetation. 
  3.  Foredune Grading. Grading or sand 
movement necessary to maintain views or 
to prevent sand inundation, may be 
allowed for structures in active dune areas 
only if the area is committed to 
development and only as part of an overall 
plan for managing foredune grading. A 
foredune grading plan prepared by a 
qualified expert shall include the following 
elements based on consideration of factors 
affecting the stability of the shoreline to be 
managed including sources of sand, ocean 
flooding, and patterns of accretion and 
erosion (including wind erosion), and 
effects of beachfront protective structures 
and jetties. The plan shall:
  a.  Cover an entire beach and foredune 
area subject to an accretion problem, 
including adjacent areas potentially 
affected by changes in flooding, erosi
accretion as a result of dune grading; 
  b.  Specify minimum dune height and 
width requirements to be maintained for 
protection from flooding and erosion. The 
  17.42.060 
  263  (Cannon Beach 10-04) 
minimum height for flood protection is 
four feet above the one hundred year flood 
elevation established in the ?Flood 
Insurance Study, City of Cannon Beach, 
Oregon, March 1978?; 
  c.  Identify and set priorities for low 
and narrow dune areas which need to be 
built up; 
  d.  Prescribe standards for 
redistribution of sand and temporary and 
permanent stabilization measures including 
the timing of these activities; and 
  e.  Prohibit removal of sand from the 
beach-foredune system. 
  f.  Foredune grading plans may be 
submitted to the soil and water district for 
their comments. 
  g.  The foredune grading plan must be 
adopted as an amendment to the 
comprehensive plan before construction 
can begin. 
  4.  Remedial Dune Grading. 
  a.  The remedial grading of active dune 
areas is permitted in the following cases:
  i.  Clearing of sand which is 
inundating houses or commercial
and their associated improvements. Sand 
may be graded up to thirty-five feet from a 
building?s foundation subject to the 
following conditions:
  (A) The area to be graded constitutes 
open sand dunes or the back slope of a 
foredune, 
  (B) There is no modification to the crest 
of a foredune, 
  (C) At a minimum, the area graded shall 
maintain the one hundred year flood 
elevation as established by the city?s Flood 
Insurance Rate Map (FIRM), and 
  (D) No grading shall occur west of the 
Oregon Coordinate Line, except for the 
placement of material removed from the 
structure in question; 
  ii. Excavation necessary for the purpose 
of placing a beachfront protective 
structure; 
  iii. Clearing of sand which is inundating 
a public street and is interfering with 
vehicular or pedestrian traffic; 
  iv. Excavation of sand necessary to 
alleviate stormwater build-up; 
  v.  Minor reshaping of the forward 
portion of a dune necessary to provide an 
even slope for the planting of stabilizing 
vegetation. 
  b.  As a condition of the issuance of a 
development permit, the city may require 
the preparation of a vegetation planting 
program by a qualified individual. The 
purpose of the program is to minimize the 
need for additional remedial grading in the 
future. 
  c.  Where feasible, all graded sand shall 
be placed on the beach or foreslope portion 
of the adjoining dune. Where not feasible, 
the sand shall be placed at a location 
approved by the city. In no event shall sand 
be removed from the beach or active dune 
area. 
  5.  Nonstructural Shoreline 
Stabilization Program. 
  a.  The program is prepared by a 
qualified individual approved by the city. 
The program shall be based on an analysis 
of the area subject to accretion and/or 
erosion. The area selected for management 
shall be found, based on the analysis, to be 
of sufficient size to successfully achieve 
the program objectives. 
  17.42.060 
  264  (Cannon Beach 10-04) 
  b.  The program shall include 
specifications on how identified activities 
are to be undertaken. The specifications 
should address such elements as: the 
proposed type of vegetation to be planted 
or removed; the distribution, required 
fertilization and maintenance of vegetation 
to be planted; the location of any sand 
fences; and the timing of the elements of 
the proposed program. 
  c.  Fire-resistant species are the 
preferred stabilizing vegetation within 
twenty-five feet of existing dwellings or 
structures. Fire-resistant vegetation should 
only be planted when the foreslope and 
crest of the dune are adequately stabilized 
to prevent significant accumulation of 
windblown sand. 
  d.  Where the placement of sand fences 
is proposed, evidence shall be provided 
that the planting of vegetation alone will 
not achieve the stated purpose. Fencing 
may be permitted on a temporary basis to 
protect vegetation that is being planted as 
part of the  program, or to control the 
effects of pedestrian beach access on 
adjacent areas. 
  e.  The affected property owners shall 
establish a mechanism that provides for the 
on-going management of the proposed 
program. 
  f.  The impact of the program shall be 
monitored. For multiyear programs, an 
annual report detailing the effects of the 
program during the previous year shall be 
presented to the planning commission. The 
report shall include recommendations for 
program modification. For a one-year 
program, a final report detailing the effects 
of the program shall be presented to the 
planning commission. 
  g.  Areas that accrete as the result of a 
stabilization program will not form the 
basis for reestablishing the location of the 
building line specified by Section 
17.42.050(B) (3). 
  6.  Trimming of Stabilizing Vegetation.  
  a.  Mowing should occur between May 
and August. 
  b.  Mowing shall be done by hand or 
with a weed eater type machine. Grass 
should be cut as evenly as possible leaving 
six to eight inches of grass remaining 
above ground. 
  c.  Mowed grass shall be left in place 
as a mulch, unless determined to be a fire 
hazard by the Fire Marshal. 
  d.  If an area is mowed more than once, 
application of 21-0-0 ammonium sulfate 
fertilizer may be required. 
  e.  The foreslope area of the dune, the 
portion of the dune facing the beach, 
should not be mowed. 
  f.  Use of herbicides to control or 
eliminate vegetation is not permitted. 
  7.  Beach Access. 
  a.  The city may require the planting of 
stabilizing vegetation, fencing or signage 
in order to minimize the potential for wind 
erosion that may be caused by the use of 
the beach access on adjacent areas. 
  8.  Groundwater Protection. The 
proposed development will not result in the 
drawdown of the groundwater supply in a 
manner that would lead to: (a) the loss of 
stabilizing vegetation; (b) the loss of water 
quality; (c) salt water intrusion into the 
water supply; or (d) significant lowering of 
interdune water level. Building permits for 
  17.43.010 
  265  (Cannon Beach 10-04) 
single-family dwellings are exempt from 
this requirement i
provided at the time of subdivision 
approval. 
  9.  Public Access Provision. A 
development (e.g., subdivision or planned 
development) that includes ten or more 
dwelling units, shall provide common 
beach access trails or walkways open to the 
general public. At a minimum, there shall 
be one beach access for each four hundred 
feet of beach frontage. This requirement is 
in addition to access provided by existing 
street-ends. 
  10. Structures in the Ocean Yard. The 
following structures are permitted in an 
ocean yard: 
  a.  Fences subject to the provisions of 
Section 17.54.020(C); 
  b.  Decks subject to the provisions of 
Section 17.90.070(E); 
  c.  Beach access stairs subject to 
Section 17.42.030(A)(5) and 
17.42.030(D)(1). (Ord. 94-08 ? 10 (part)) 
 
Chapter 17.43 
 
WETLANDS OVERLAY (WO) ZONE 
 
Sections: 
17.43.010  Purpose. 
17.43.020  Mapping. 
17.43.025  Wetland lot-of-record. 
17.43.030  Uses and activities 
permitted outright in 
wetlands. 
17.43.035  Uses and activities 
permitted outright in 
wetland buffer areas. 
17.43.040  Conditional uses and 
activities permitted in 
wetlands. 
17.43.045  Conditional uses and 
activities permitted in 
wetland buffer areas. 
17.43.050  Standards. 
 
17.43.010  Purpose. 
  The purpose of the wetlands overlay 
zone is to protect wetland areas identified 
in the city?s comprehensive plan from uses 
and activities that are inconsistent with the 
maintenance of the wetland functions and 
values identified for those sites. (Ord. 94-
29 ? 2 (part)) 
 
17.43.020  Mapping. 
  The maps delineating the WO zone 
boundaries shall be maintained and 
updated as necessary by the city. The 
Cannon Beach local wetland inventory 
maps dated September 20, 1994, shall form 
the basis for the location of wetlands. The 
WO zone includes both wetlands and 
wetland buffer areas which abut the 
wetlands. The wetland buffer areas have a 
width of five feet measured from the outer 
boundaries of the wetlands. Site-specific 
delineations may be necessary to determine 
the exact location of the WO zone 
boundary. Site-specific delineations shall 
be performed by qualified individuals 
using a method acceptable to the US Army 
Corps of Engineers and the Oregon 
Division of State Lands. Where a wetland 
delineation is prepared, the mapping it 
contains shall replace that of the Cannon 
Beach local wetland inventory. Protected 
wetlands that are legally filled under this 
  17.43.025 
  266  (Cannon Beach 10-04) 
chapter are no longer protected wetlands, 
but remain as wetland buffer areas under 
this overlay zone. Wetland buffer areas 
that are legally filled under this chapter 
remain as wetland buffer areas. (Ord. 94-
29 ? 2 (part)) 
 
17.43.025  Wetland lot-of-record. 
  A wetland lot-of-record is a lot or 
contiguous lots held in common ownership 
on August 4, 1993, that are subject to the 
provisions of this chapter. A wetland lot-
of-record includes upland portions of the 
contiguous property that are not subject to 
the provisions of the wetlands overlay 
zone. ?Contiguous? means lots that have a 
common boundary, and includes lots 
separated by public streets. A lot-of-record 
is subject to the provisions of this overlay 
zone if all or a portion of the lot is in the 
overlay zone. The objective of the wetland 
lot-of-record provision is to permit a 
property owner a minimum of one 
dwelling unit on a wetland lot-of-record. A 
dwelling can be constructed on the wetland 
portion of a wetland lot-of-record only 
where there are no upland portions of the 
wetland lot-of-record that can 
accommodate a dwelling. The following 
examples illustrate how the wetland lot-of-
record provisions of Section 17.43.030A 
and Section 17.43.035A are to be applied. 
  Example 1. A fifteen thousand square 
foot wetland lot-of-record consisting of 
three platted five thousand square foot lots 
all of which are entirely of wetlands; one 
dwelling unit is permitted. 
  Example 2. A fifteen thousand square 
foot wetland lot-of-record consisting of 
three platted five thousand square foot lots, 
two of which are entirely wetlands and one 
of which contains two thousand five 
hundred square feet of uplands; one 
dwelling unit is permitted on the upland 
portion of the lot which contains two 
thousand five hundred square feet of 
uplands. 
  Example 3. A fifteen thousand square 
foot lot-of-record consisting of three 
platted five thousand square foot lots, one 
lot is entirely a wetland, the second lot 
contains two thousand five hundred square 
feet of upland and the third lot contains 
three thousand five hundred square feet of 
upland; two dwelling units are permitted, 
one on the upland portion of the lot which 
contains two thousand five hundred square 
feet of upland and one on the upland 
portion of the lot which contains three 
thousand five hundred square feet of 
uplands. (Ord. 94-29 ? 2 (part)) 
 
17.43.030  Uses and activities 
permitted outright in 
wetlands. 
  The following uses and activities may 
be permitted in the wetlands portion of the 
WO zone, subject to the issuance of a 
development permit in accordance with 
Section 17.92.010, and subject to 
applicable standards, and if permitted 
outright in the base zone:
  A.  Single-family dwelling, modular 
housing, or manufactured home meeting 
the standards of Section 17.68.020, limited 
to one dwelling unit on a wetland lot-of-
record; 
  B.  Accessory structure or building, as 
provided for by Section 17.54.030; 
  17.43.035 
  267  (Cannon Beach 10-04) 
  C.  Roads or driveways, including an 
expansion of an existing right-of-way; 
  D.  Underground or above-ground 
utilities; 
  E.  Vegetation management. (Ord. 94-
29 ? 2 (part)) 
 
17.43.035  Uses and activities 
permitted outright in 
wetland buffer areas. 
  The following uses and activities may 
be permitted in wetland buffer areas of the 
WO zone,  subject to the issuance of a 
development permit in accordance with 
Section 17.92.010, and subject to 
applicable standards, and. if permitted 
outright in the base zone:
  A.  Single-family dwelling, modular 
housing, or manufactured home meeting 
the standards of Section 17.68.020, limited 
to one dwelling unit on a wetland lot-of-
record; 
  B.  Accessory structure or building, as 
provided for by Section 17.54.030; 
  C.  Roads or driveways, including an 
expansion of an existing right-of-way; 
  D.  Underground or aboveground 
utilities; 
  E.  Vegetation management. (Ord. 94-
29 ? 2 (part)) 
 
17.43.040  Conditional uses and 
activities permitted in 
wetlands. 
  The following uses and activities may 
be permitted subject to the provision of 
Chapter 17.80 in the wetland portion of the 
WO zone, subject to applicable standards, 
if permitted outright or conditionally in the 
base zone:
  A.  Commercial structures;  
  B.  Excavation; 
  C.  Wetland enhancement; 
  D.  Compensatory mitigation;  
  E.  Footpaths; 
  F.  Point-source stormwater discharge;  
  G.  Alternative stormwater management 
practices; 
  H.  Subdivisions, replats, partitions and 
property line adjustments. (Ord. 94-29 ? 2 
(part)) 
 
17.43.045  Conditional uses and 
activities permitted in 
wetland buffer areas. 
  The following uses and activities may 
be permitted subject to the provision of 
Chapter 17.80 in wetland buffer areas in 
the WO zone, subject to applicable 
standards, if permitted outright or 
conditionally in the base zone:
  A.  Commercial structures;  
  B.  Excavation; 
  C.  Wetland enhancement; 
  D.  Compensatory mitigation;  
  E.  Bicycle paths; 
  F.  Footpaths; 
  G.  Point-source stormwater discharge;  
  H.  Subdivisions, partitions, lot line 
adjustments. (Ord. 94-29 ? 2 (part)) 
 
17.43.050  Standards. 
  The following standards are applicable 
to the uses and activities listed in Sections 
17.43.030 through 17.43.045. The uses and 
activities are also subject to the standards 
of the base zone. The following standards 
are applicable in all areas under the 
wetlands overlay zone. ?Protected 
wetlands? are those areas in the wetlands 
  17.43.050 
  268  (Cannon Beach 10-04) 
overlay zone that have been identified on 
the city?s inventory or on a subsequent 
detailed wetland delineation as wetlands. 
?Wetland buffer areas? are nonwetland 
areas in the wetlands overlay zone 
surrounding the protected wetlands. 
  A.  General Standards. Uses and 
activities in protected wetlands and in 
wetland buffer areas are subject to the 
following general standards. Development 
may also be subject to specific standards in 
subsequent subsections. 
  1.  Uses and activities in protected 
wetlands or wetland buffer areas may be 
approved only after the following list of 
alternative actions, listed from highest to 
lowest priority, have been considered:
  a.  Avoiding the impact altogether by 
not taking a certain action or parts of an 
action (this would include, for example, 
having the use or activity occur entirely on 
uplands); and 
  b.  Minimizing impacts by limiting the 
degree or magnitude of action and its 
implementation (this would include, for 
example, reducing the size of the structure 
or improvement so that protected wetlands 
or wetland buffer areas are not impacted). 
  2.  Where a use or activity can be 
located in either the protected wetland or 
the wetland buffer, preference shall be 
given to the location of the use or activity 
in the wetland buffer. 
  3.  Valid permits from the US Army 
Corps of Engineers and from the Oregon 
Division of State Lands, or written proof of 
exemption from these permit programs, 
must be obtained before any of the 
following activities occur in protected 
wetlands: 
  a.  Placement of fill (any amount); 
  b.  Construction of any pile-support 
structure; 
  c.  Excavation (any amount); 
  d.  Compensatory mitigation; 
  e.  Wetland restoration; 
  f.  Wetland enhancement. 
  4.  Where a wetland was identified by 
the Cannon Beach wetland study as 
riverine, uses and activities are also subject 
to the requirements of Chapter 17.71, 
stream corridor protection. 
  5.  Construction management practices 
will be employed in protected wetlands and 
in wetland buffer areas that minimize 
short-term and long-term impacts on 
wetlands. Impacts to be avoided or 
minimized include turbidity, erosion, 
sedimentation, contamination with 
construction waste or debris, unnecessary 
or excessive vegetation removal or 
damage. Construction debris shall be 
removed from the site and properly 
disposed of. Tools that require cleaning, 
including paint tools, masonry equipment, 
and drywall tools, shall be cleaned in a 
manner that does not degrade water 
quality. The building official may require 
preparation of a detailed management 
program, indicating how these 
requirements are to be addressed. 
  6.  Pile-supported construction may use 
wood piling (treated or untreated), steel 
piling, concrete piling, or other piling 
material meeting building code 
requirements. If treated wood piling or 
posts are used for structures in protected 
wetlands, the following standards are 
applicable:
  17.43.050 
  269  (Cannon Beach 10-04) 
  a.  Treated wood shall be completely 
dry; 
  b.  Treated wood shall not have any wet 
wood preservative on the wood surface; 
and 
  c.  The type of chemical treatment 
chosen shall be the type that minimize 
possible contamination of the wetland 
environment. 
  7.  Fill, when permitted, in protected 
wetlands or in wetland buffer areas is 
subject to the following standards:
  a.  All fill material shall be clean and 
free of contaminants; 
  b.  Filled area sides shall be finished to 
a stable slope; 
  c.  Measures shall be incorporated into 
the fill design to minimize erosion or 
sloughing of fill material into protected 
wetlands; 
  d.  Fills shall be designed in a manner 
that does not worsen flooding on adjacent 
or nearby flood-prone lands, and avoids 
restricting the flow of water to or through 
protected wetlands; and 
  e.  Fill side slopes shall be revegetated 
with native plant species to stabilize the 
slope. 
  B.  Residential Development. Where 
and when allowed, a single family 
dwelling, modular housing, or 
manufactured home may be permitted in a 
protected wetland or wetland buffer area 
subject to the following standards:
  1.  New dwellings, when permitted, 
may be placed on piling or on posts,  or 
may be cantilevered, in a manner that 
allows the free flow of water beneath the 
structure. No fill material may be used for 
the residence. 
  2.  Building coverage will be 
minimized, and in no case shall it exceed 
two thousand five hundred square feet. 
  3.  Driveways, utilities, landscaping, 
garages, accessory structures and other 
uses and activities accessory to a residence 
shall comply with applicable standards. 
  C.  Commercial Development. Where 
and when allowed by the base zone, a 
commercial building may be permitted in a 
protected wetland or wetland buffer area 
subject to the following standards:
  1.  New commercial buildings may be 
placed on piling or on posts in a manner 
that allows the free flow of water beneath 
the structure. No fill material may be used 
for commercial buildings in protected 
wetlands or in wetland buffer areas. 
  2.  Lot coverage will be minimized. 
Commercial development in protected 
wetlands or in wetland buffer areas is 
subject to site design review pursuant to 
Chapter 17.44. 
  3.  Driveways, parking, utilities, 
landscaping, accessory structures and other 
uses and activities accessory to a 
commercial development shall comply 
with applicable standards. 
  D.  Accessory Structure or Building. 
Buildings and structures subordinate to the 
principal structure may be permitted in 
protected wetlands and in wetland buffer 
areas subject to these standards, and 
subject to the requirements of the base 
zone:
  1.  New accessory structures or 
buildings may be placed on piling or on 
posts in a manner that allows the free flow 
of water beneath the structure. No fill 
material may be used for an accessory 
  17.43.050 
  270  (Cannon Beach 10-04) 
structure or building in a protected wetland 
or in a wetland buffer area. 
  E.  Roads and Driveways. Roads and 
driveways through protected wetlands or 
wetland buffer areas may be permitted 
subject to the following standards:
  1.  Driveways and roads crossing 
protected wetlands or wetland buffer areas 
shall be no wider than necessary to serve 
their intended purpose. 
  2.  New roads and driveways in 
protected wetlands or wetland buffer areas 
may be placed on piling or on fill in a 
manner that allows the free flow of water 
beneath the road or driveway. Pile-
supported construction is preferred over fill 
for roads and driveways. Water circulation 
shall be facilitated through use of culverts 
or bridges. 
  F.  Utilities. Electric power lines, 
telephone lines, cable television lines, 
water lines, wastewater collection lines and 
natural gas lines may be permitted in 
protected wetlands and in wetland buffer 
areas subject to these standards, and 
subject to the requirements of the base 
zone:
  1.  Underground utilities, including 
water, wastewater, electricity, cable 
television, telephone and natural gas 
service, may be routed through protected 
wetlands in trenches provided the 
following standards are met: 
  a.  Material removed from the trench is 
either returned to the trench as back-fill 
within a reasonable period of time, or, if 
other material is to be used to back-fill the 
trench, excess material shall be 
immediately removed from the protected 
wetland area. Side-casting into a protected 
wetland for disposal of material is not 
permitted; 
  b.  Topsoil and sod shall be conserved 
during trench construction or maintenance, 
and replaced on the top of the trench; 
  c.  The ground elevation shall not be 
altered as a result of utility trench 
construction or maintenance. Finish 
elevation shall be the same as starting 
elevation; and 
  d.  Routes for new utility trenches shall 
be selected to minimize hydraulic impacts 
on protected wetlands, and to minimize 
vegetation removal. 
  2.  Aboveground utilities, including 
electricity, cable television and telephone 
service, may be routed through wetland 
areas on poles subject to the following 
standards: 
  a.  Routes for new utility corridors 
shall be selected to minimize adverse 
impacts on the wetland, and to minimize 
vegetation removal; and 
  b.  Vegetation management for utility 
corridors in protected wetlands and in 
wetland buffer areas shall be conducted 
according to the best management 
practices to assure maintenance of water 
quality, and subject to the vegetation 
management standards herein. 
  3.  Utility maintenance roads in 
protected wetlands and in wetland buffer 
areas must meet applicable standards for 
roads in wetlands. 
  4.  Common trenches, to the extent 
allowed  by the building code, are 
encouraged as a way to minimize ground 
disturbance when installing utilities. 
  G.  Footpaths and Bicycle Paths. 
Development of new footpaths, and 
  17.43.050 
  271  (Cannon Beach 10-04) 
maintenance of existing footpaths may be 
permitted in protected wetlands and in 
wetland buffer areas subject to the use 
restrictions in the zone and the following 
standards. Development of new bicycle 
paths may be permitted in wetland buffer 
areas. 
  1.  Footpaths across protected wetlands 
may only be developed or maintained 
without the use  of fill material. Bridges 
shall be used to cross open water areas. 
  2.  Footpaths in protected wetlands 
shall not restrict the movement of water. 
  3.  Routes for new footpaths shall be 
chosen to avoid traversing protected 
wetlands. Footpaths around the perimeter 
of protected wetlands, and in wetland 
buffer areas, are preferred. 
  4.  Routes for new bicycle paths shall 
not be located in protected wetlands but 
may be located in wetland buffer areas. 
  H.  Wetland Enhancement. Efforts to 
enhance wetland values include removal of 
nonnative vegetation from a wetland, 
planting native wetland plant species, 
excavation to deepen wetland areas, 
placement of bird nesting or roosting 
structures, fish habitat enhancements, 
hydraulic changes designed to improve 
wetland hydrology, removal of fill 
material, adding new culverts under 
existing fill, and similar acceptable 
activities. Wetland enhancement may be 
permitted in protected wetlands and in 
wetland buffer areas subject to the use 
restrictions in the applicable zone, and 
subject to these standards: 
  1.  An enhancement plan must be 
prepared before an enhancement project 
can proceed. The plan must describe the 
proposal; identify the wetland value or 
values to be enhanced; identify a goal or 
goals for the project; and describe 
evaluation techniques to be used to 
measure progress toward project goals. The 
project must follow the approved plan. 
  2.  All components of the enhancement 
plan (planning, design, construction, 
cleanup, maintenance, monitoring, and 
remedial activity) must comply with 
applicable standards in this section. 
  I.  Excavation. Excavation in protected 
wetlands and in wetland buffer areas for 
any purpose must meet the following 
standards: 
  1.  Excavation for purposes of gravel, 
aggregate, sand or mineral extraction is not 
permitted. 
  2.  Excavation for utility trenches in 
protected wetlands is subject to the 
following standards: 
  a.  Material removed from the trench is 
either returned to the trench (back-fill), or 
removed from the wetland area. Side-
casting into a protected wetland for 
disposal of material is not permitted; 
  b.  Topsoil shall be conserved during 
trench construction or maintenance, and 
replaced on the top of the trench; and 
  c.  The ground elevation shall not be 
altered as a result of utility trench 
construction or maintenance. Finish 
elevation shall be the same as starting 
elevation. 
  3.  Excavation for building footings in 
protected wetlands is subject to the 
following standards: 
  a.  Material removed for approved 
footings is either returned to the trench 
(back-fill), or removed from the protected 
  17.43.050 
  272  (Cannon Beach 10-04) 
wetland or wetland buffer area. Side-
casting for disposal of material is not 
permitted; 
  b.  Disturbance of wetland vegetation 
and topsoil during footing construction 
shall be minimized; and 
  c.  The ground elevation around a 
footing shall not be altered as a result of 
excavation for the footing, unless required 
to meet building code requirements for 
positive drainage. Finish elevation shall be 
generally the same as starting elevation. 
  4.  Excavation for wetland 
enhancement is subject to the following 
standards: 
  a.  No more material than necessary 
and specified in the enhancement plan shall 
be excavated; and 
  b.  Side-casting for disposal of 
excavated material is not permitted; 
however, excavated material may be 
placed in  a protected wetland or wetland 
buffer area for enhancement purposes as 
specified in the enhancement plan. 
  J.  Stormwater Management. 
Management of stormwater flowing into 
protected wetlands or wetland buffer areas 
is subject to the following standards:
  1.  A stormwater management plan 
shall be required of the applicant and 
reviewed and approved by the public 
works director for the following types of 
developments where stormwater will move 
from the site into protected wetlands:
  a.  New building covering more than 
two hundred square feet; or 
  b.  New addition covering more than 
two hundred square feet; or 
  c.  New road or driveway; or 
  d.  Road or driveway expansion; or 
  e.  New parking lot; or 
  f.  Parking lot expansion. 
  2.  A stormwater management plan 
must include all information necessary to 
demonstrate to the public works director 
that the proposed stormwater management 
system will be consistent with the city?s 
design standards. 
  3.  Stormwater runoff should be 
directed toward the same drainage system 
that would have handled the runoff under 
natural conditions. 
  4.  Uses, such as large parking lots, that 
could potentially contaminate runoff must 
include measures to treat runoff before 
discharging it into a protected wetland or 
wetland buffer area. 
  5.  Where the public works director 
determines that wastewater volumes are or 
will be significant, wastewater 
management systems must disperse 
wastewater rather than discharging at a 
single point. 
  K.  Mitigation. All projects involving 
removal or fill in a protected wetland must 
meet the following standards. These 
standards are intended to help meet the 
city?s goal of no net loss of wetland 
functions or values. 
  1.  Fill in protected wetlands or wetland 
buffer areas may be approved only after 
the following list of alternati  
mitigating actions, listed from highest to 
lowest priority, have been considered:
  a.  Avoiding the impact altogether by 
not taking a certain action or parts of an 
action; 
  b.  Minimizing impacts by limiting the 
degree or magnitude of action and its 
implementation; 
  17.43.050 
  273  (Cannon Beach 10-04) 
  c.  Rectifying the impact by repairing, 
rehabilitating, or restoring the affected 
environment (this would include removing 
wetland fills, rehabilitation of a resource 
use and/or extraction site when its 
economic life is terminated, etc.); 
  d.  Reducing or eliminating the impact 
over time by preservation and maintenance 
operations; 
  e.  Creation, restoration or 
enhancement of a wetland area to maintain 
the functional characteristics and processes 
of the wetland system, such as its natural 
biological productivity, habitats, aesthetic 
qualities, species diversity, open space, 
unique features and water quality. 
  2.  Any combination of the actions in 
subsection K1 may be required to 
implement mitigation requirements. The 
compensatory mitigation actions listed in 
subsection K1e shall only be considered 
when unavoidable impacts remain after 
measures in subsections Kla through d 
have been considered. 
  3.  The US Army Corps of Engineers or 
the Division of State Lands often require 
compensatory mitigation (subsection Kle, 
of this section) as part of their approval of 
a fill permit. The city may require 
compensatory mitigation before approving 
a fill in a protected wetland when the US 
Army Corps of Engineers and the Division 
of State Lands do not require 
compensatory mitigation. Additional 
compensatory mitigation may be required 
by the city in those instances where it is 
also required as a condition of a state or 
federal fill permit. 
  L.  Vegetation Management. 
Vegetation in protected wetlands and in 
wetland buffer areas may be managed 
(including planting, mowing, pruning and 
removal) subject to the following 
standards: 
  1.  Tree removal in protected wetlands 
and in wetland buffer areas shall be 
consistent with the criteria and standards in 
Chapter 17.70, tree removal. 
  2.  Removal of vegetation, except trees 
covered by Chapter 17.70, in protected 
wetlands and in wetland buffer areas is 
permitted only if:
  a.  Necessary for placement of a 
structure for which a building permit has 
been issued (or for which a building permit 
is not needed); or 
  b.  Necessary for maintenance of an 
existing structure, road or pathway; or 
  c.  Necessary for correction or 
prevention of a hazardous situation; or 
  d.  Necessary for completion of a land 
survey; or 
  e.  Part of an approved restoration, 
enhancement or compensatory mitigation 
plan. 
  Vegetation removal permitted under 
subsections L2a through e in a protected 
wetland shall be the minimum necessary 
and in no case shall it substantially impair 
wetland functions and values. Vegetation 
removal permitted under subsections L2a 
through e in a wetland buffer area shall be 
the minimum necessary. 
  3.  Pruning or mowing of vegetation in 
protected wetlands and in wetland buffer 
areas is permitted only if:
  a.  Necessary for placement of a 
structure for which a building permit has 
been issued (or for which a building permit 
is not needed); or 
  17.43.050 
  274  (Cannon Beach 10-04) 
  b.  Necessary for maintenance of an 
existing structure, road or pathway; or 
  c.  Necessary for correction or 
prevention of a hazardous situation; or 
  d.  Necessary for completion of a land 
survey; or 
  e.  Part of an approved restoration, 
enhancement or compensatory mitigation 
plan; or 
  f.  Part of a landscape plan approved 
by the city in conjunction with a building 
permit that minimizes adverse impacts on 
protected wetlands. 
  Pruning or mowing permitted under 
subsections L3a through f in a protected 
wetland shall be the minimum necessary 
and in no case shall it substantially impair 
wetland functions and values. Pruning or 
mowing permitted under subsections L3a 
through f in a wetland buffer area shall be 
the minimum necessary. 
  4.  Planting new vegetation in protected 
wetlands is permitted subject to the 
following standards: 
  a.  The planting is part of an approved 
restoration, enhancement or mitigation 
plan; or 
  b.  The planting is part of a landscape 
plan involving native wetland plant 
species, and the plan is approved by the 
city in conjunction with approval of a 
building permit; or 
  c.  The planting is intended to replace 
dead or damaged plants that were either 
part of a maintained landscape or part of 
the existing wetland plant community. 
  5.  Planting new vegetation in wetland 
buffer areas is permitted as part of a 
managed garden or landscape. 
  6.  Vegetation management practices 
will be employed in protected wetlands and 
in wetland buffer areas that minimize 
short-term and long-term adverse impacts 
on wetlands. Impacts to be avoided or 
minimized include turbidity, erosion, 
sedimentation, contamination with 
chemicals, unnecessary or excessive 
vegetation removal, or substantial 
alteration of native wetland plant 
communities. The following are not 
permitted as part of a vegetation 
management plan for protected wetlands or 
wetland buffer areas: alteration of wetland 
hydrology, use of herbicides, or application 
of soil amendments or fertilizer. 
  M.  Land Divisions. Subdivisions, 
replats, partitions, and property line 
adjustments in protected wetlands, wetland 
buffer areas, or a wetland lot-of-record are 
subject to the following standards:
  1.  Preliminary plat maps for proposed 
subdi  
involving protected wetlands or wetland 
buffer areas must show the wetland-upland 
boundary, as determined by a wetland 
delineation prepared by a qualified 
individual. 
  2.  Subdivisions, replats, partitions and 
property line a
of creating building sites are permitted 
subject to the following standards:
  a.  Each lot created must have at least 
one thousand square feet of upland 
available for building coverage, required 
off-street parking and required access. 
  b.  The building site described in 
subsection M2a shall not include protected 
wetlands or wetland buffer areas. 
  17.44.010 
  275  (Cannon Beach 10-04) 
  c.  Protected wetlands and wetland 
buffer areas may be counted towards 
meeting the base zone?s minimum lot size 
for each lot, and may be included in front, 
side and rear yard setbacks as appropriate. 
  d.  Utility lines, including but not 
limited to, water lines, sewer lines, and 
storm water lines shall not be located in 
protected wetlands or wetland buffer areas, 
unless there is no alternative to serve lots 
meeting the standard of subsection M2a. 
  e.  Streets shall not be located in 
protected wetland or wetland buffer areas. 
  3.  In planned unit developments or 
cluster subdivisions, all protected wetland 
or wetland buffer areas must be in open 
space tracts held in common ownership. 
  4.  For lots or parcels created subject to 
these provisions, the existence of protected 
wetland or wetland buffer areas shall not 
form the basis for a future setback 
reduction or variance request. (Ord. 94-29 
? 2 (part)) 
 
Chapter 17.44 
 
DESIGN REVIEW PROCEDURES 
AND CRITERIA* 
 
Sections: 
17.44.010  Purpose. 
17.44.020  Applicability. 
17.44.030  Design review plan?
When approval is 
required. 
17.44.040  Design review plan?
Review procedures. 
17.44.050  Design review plan?
Submittal requirements. 
17.44.060  Design review criteria?
Purpose. 
17.44.070  Design review criteria?
Statement of intent. 
17.44.080  Site design evaluation 
criteria. 
17.44.090  Architectural design 
evaluation criteria. 
17.44.100  Landscape design 
evaluation criteria. 
17.44.110  Revision of approved 
plans. 
17.44.120  Landscaping standards. 
17.44.130  Performance assurance. 
17.44.140  Final approval 
expiration. 
 
*  Prior ordinance history: Ords. 89-2, 88-8, 87-13, 86-
16, 85-3 and 79-4. 
 
17.44.010  Purpose. 
  A.  The purpose of design review is to 
exercise aesthetic judgment over 
development projects within the city in 
order to maintain the desirable character of 
the community. The community character 
is defined by having charm in the design of 
buildings, keeping buildings small in scale, 
honoring the beauty and ecology of the 
city?s natural setting, and recognizing that 
the arts are an integral part of the 
community. 
  B.  This broad purpose is furthered by 
the following specific purposes of design 
review: 
  1.  To implement the goals and policies 
of the comprehensive plan; 
  2.  To foster development that is 
designed, arranged and constructed in a 
  17.44.020 
  276  (Cannon Beach 10-04) 
manner that provides a safe, efficient and 
aesthetically pleasing community asset; 
  3.  To encourage originality and 
creativity in site design, architecture and 
landscape design; 
  4.  To ensure that the arrangement of 
all functions, uses and improvements of a 
development reflect the natural capabilities 
and limitations of its site and adjacent 
property; 
  5.  To encourage development where 
the various structures, use areas and site 
elements are integrated in a manner that is 
visually harmonious; 
  6.  To ensure that development 
maintains and strengthens the city?s sense 
of place which is defined by its location 
adjacent to the Pacific Ocean, Ecola Creek 
and the surrounding mountains; 
  7.  To encourage landscape design 
which complements the natural landscape, 
improves the general appearance of the 
community, and enhances specific 
elements of the built environment. (Ord. 
90-3 ? 15 (part)) 
 
17.44.020  Applicability. 
  The following shall be subject to the 
provisions of this chapter: 
  A.  All new construction or new 
development except for single-family 
residence, mobile home, modular home 
and their accessory structures; 
  B.  Any exterior alteration to an 
existing nonresidential use except for 
alterations which are determined to be 
minor, pursuant to Section 17.44.110 (B); 
  C.  Any alteration of site improvements, 
such as landscaping or off-street parking, 
in conjunction with an existing 
nonresidential use, except for alterations 
which are determined to be minor, 
pursuant to Section 17.44. 110 (B); 
  D.  Any exterior alteration to an 
existing duplex, triplex or multifamily 
structure except for alterations which are 
determined to be minor, pursuant to 
Section 17.44.110 (B); 
  E.  Public Improvements. 
  1.  Street improvements that involve 
design elements such as landscaping, 
lighting, sidewalks or street furniture; 
  2.  Installation of street furniture such 
as bike racks, benches or trash receptacles; 
  3.  Improvements affecting the visual 
appearance of the beach such as beach 
access improvement and storm drainage 
outfalls; 
  4.  Sidewalks, both new and 
reconstruction of existing sidewalks; 
  5.  Off-street parking for public use;
  6.  New park projects or major 
improvements to existing parks; and 
  7.  Street lighting projects that involve 
the installation of a different type of light 
fixture, or a new level of illumination, or a 
different spacing of light fixtures. (Ord. 02-
18 ? 1: Ord. 92-11 ?? 55, 56; Ord. 90-3 ? 
15 (part)) 
 
17.44.030  Design review plan?When 
approval is required. 
  Design review plan approval, as 
specified by this chapter, shall be required 
prior to:
  A.  Site clearance activities such as tree 
removal, grading, excavation or filling; and 
  B.  The issuance of a building permit. 
The plan for which a building permit is 
issued shall conform in all aspects to the 
  17.44.040 
  277  (Cannon Beach 10-04) 
plan that has approval through the design 
review process. Where building plans do 
not conform to the approved design review 
plan, the city shall determine, pursuant to 
Section 17.44.110, whether the alteration 
or modification is a major or minor change. 
If it is determined that the modification is a 
major change, the modification shall be 
reviewed according to the requirements of 
Sections 17.44.040 and 17.44.050. If it is 
determined that the modification is a minor 
change, the city may proceed with the 
issuance of a building permit. (Ord. 90-3 ? 
15 (part)) 
 
17.44.040  Design review plan?
Review procedures. 
  The following procedures shall be used 
in reviewing design review plans:
  A.  Preapplication Conference. Prior to 
applying for design review plan approval, 
applicants shall meet with the city 
manager, or a designee, and present a 
preliminary plan which shall contain in an 
approximate manner the information 
required on a design review plan 
application. The purpose of the preliminary 
site plan review is to enable the applicant 
to obtain advice from the city as to the 
intent, standards, criteria and provisions of 
this chapter, other city ordinances or the 
comprehensive plan, which may be 
pertinent to the proposal. Information 
presented for preliminary discussion shall 
be considered confidential. 
  B.  Resolution of Planning Issues. 
Where a proposed development requires a 
variance, setback reduction, conditional 
use or other action which requires planning 
commission approval, planning 
commission approval shall be obtained 
prior to the submission of a design review 
plan. 
  C.  Application. 
  1.  Property owners or their designated 
representative may initiate a request for 
design review plan approval by filing an 
application with the city using forms 
prescribed by the city. In addition to the 
application form, the applicant shall submit 
the items listed in Section 17.44.050. 
  2.  The city may waive specific 
application requirements for the following 
projects where it finds that the information 
is not required to provide the design review 
board with a complete understanding of the 
nature of the project: 
  a.  Proposed modifications to existing 
structures; or 
  b.  Modifications to projects which 
previously obtained design review 
approval; or 
  c.  Public improvements listed in 
Section 17.44.020F. 
  D.  Complete Application. Upon receipt 
of an application, the city shall review the 
application to ensure that it is complete. An 
application shal  
complete if it fails to contain any of the 
information and materials required by 
Section 17.44.050. If the application is 
found to be incomplete, the applicant will 
be provided with a description of the items 
required to complete it. The city shall not 
begin processing the application until the 
application has been found to be complete. 
  E.  Investigation and Reports. The city 
manager, or a designee, shall prepare a 
report to the design review board on the 
conformance of the application with the 
  17.44.050 
  278  (Cannon Beach 10-04) 
pertinent zoning ordinance requirements. 
The report shall be available to the public, 
at a reasonable cost, seven days prior to the 
date set for the public hearing. 
  F.  Design Review Board 
Consideration. 
  1.  Notice of public hearing on the 
proposed design review plan shall be in 
accordance with Sections 17.88.010 
through 17.88.040; 
  2.  The date of the public hearing shall 
be in conformance with Section 17.88.050; 
  3.  The design review board shall 
review the design review plan in 
accordance with Section 17.88.060; 
  4.  The design review board decision 
shall be in accordance with Section 
17.88.110; 
  5.  Notification of the design review 
board decision shall be in accordance with 
Section 17.88.130; 
  6.  The decision of the design review 
board may be appeal
in accordance with Sections 17.88.140 
through 17.88.190. 
  G.  Reconsiderations. The applicant 
may request reconsideration of a final 
decision of a design review plan 
application by filing a new application, 
including a filing fee. The new application 
shall incorporate design modifications 
which address issues which formed the 
basis for the original plan denial. (Ord. 97-
31 ? 1; Ord. 92-11 ? 57; Ord. 90-3 ? 15 
(part), 1990) 
 
17.44.050  Design review plan?
Submittal requirements. 
  A.  Information Requirements. 
Information provided on the design review 
plan shall conform to the following:
  1.  Drawings depicting the proposal 
shall be presented on sheets not larger than 
twenty-four inches by thirty-six inches in 
the number of copies directed by the city; 
  2.  Drawings shall be at a scale 
sufficiently large enough to enable all 
features of the design to be clearly 
discerned. 
  B.  Site Analysis Diagram. This 
element of the design review plan, which 
may be in a freehand form to scale, shall 
indicate the following site characteristics: 
  1.  Location and species of trees greater 
than six inches in diameter when measured 
four and one-half feet above the natural 
grade, and an indication of which trees are 
to be removed; 
  2.  On sites that contain steep slopes, 
potential geologic hazard or unique natural 
features that may affect the proposed 
development, the city may require contours 
mapped at two-foot intervals; 
  3.  Natural drainageways and other 
significant natural features; 
  4.  All buildings, roads, retaining walls, 
curbcuts and other manmade features; 
  5.  Natural features, including trees and 
structures on adjoining property having a 
visual or other significant relationship with 
the site. 
  C.  Site Photographs. Photographs 
depicting the site and its relationship to 
adjoining sites shall also be provided. 
  17.44.050 
  279  (Cannon Beach 10-04) 
  D.  Site Development Plan. This 
element of the design review plan shall 
indicate the following:
  1.  Legal description of the lot; 
  2.  Boundary dimensions and area of 
the site; 
  3.  Location of all new structures and 
existing structures proposed to be retained, 
including their distances from the property 
line; 
  4.  Area of the site covered by the 
structures described in subdivision 3 of this 
subsection and their percentage of the site;
  5.  All external dimensions of proposed 
buildings and structures; 
  6.  The location of a building?s 
windows, doors, entrances and exits; 
  7.  Parking and circulation areas, 
including their dimensions; 
  8.  Service areas for such uses as the 
loading and delivery of goods; 
  9.  Locations, descriptions and 
dimensions of easements; 
  10. Grading and drainage plans, 
including spot elevations and contours at 
close enough intervals to easily convey 
their meaning; 
  11. Location of areas to be landscaped; 
  12. Private and shared outdoor 
recreation areas; 
  13. Pedestrian circulation; 
  14. The location of mechanical 
equipment, garbage disposal areas, utility 
appurtenances and similar structures; 
  15. Exterior lighting on the proposed 
building(s), including the type, intensity 
and area to be illuminated; 
  16. Location, size and method of 
illumination of signs; 
  17. Provisions for handicapped persons; 
  18. Other site elements which will assist 
in the evaluation of site development; 
  19. The location and names of all 
existing streets within or on the boundary 
of the proposed development; 
  20. A written summary showing the 
following:
  a.  For commercial and nonresidential 
development:
  i.  The square footage contained in the 
area proposed to be developed, 
  ii. The percentage of the lot covered by 
structures, 
  iii. The percentage of the lot covered by 
parking areas and the total number of 
parking spaces, 
  iv. The total square footage of all 
landscaped areas including the percentage 
consisting of natural materials and the 
percentage consisting of hard-surfaced 
areas such as courtyards, 
  b.  For residential development:
  i.  The total square footage in the 
development, 
  ii. The number of dwelling units in the 
development (include the units by the 
number of bedrooms in each unit, e.g., ten 
one-bedroom, twenty-five  two-bedroom, 
etc.), 
  iii. Percentage of the lot covered by:  
  (A) Structures, 
  (B) Parking areas,  
  (C) Recreation areas, 
  (D) Landscaping. 
  E.  Landscape Plan. Development 
proposals with a total project cost 
exceeding two hundred fifty thousand 
dollars shall have the landscape plan 
prepared by a licensed landscape architect 
or licensed landscape contractor. This 
  17.44.050 
  280  (Cannon Beach 10-04) 
element of the design review plan should 
indicate the following:
  1.  The size, species and locations of 
plant materials to be retained or placed on 
the site; 
  2.  The layout of proposed irrigation 
facilities; 
  3.  The location and design details of 
walkways, plazas, courtyards and similar 
seating areas, including related street 
furniture and permanent outdoor 
equipment including sculpture; 
  4.  The location, type and intensity of 
lighting proposed to illuminate outdoor 
areas; 
  5.  The location and design details of 
proposed fencing, retaining walls and trash 
collection areas; and 
  6.  For commercial projects with a total 
project cost exceeding two hundred  fifty 
thousand dollars, a rendering showing the 
proposed landscape plan in perspective. 
Such renderings shall be prepared for each 
of the project?s main elevations. 
  F.  Architectural Drawings. This 
element of the design review plan shall 
indicate the following: 
  1.  A plan specifying the building 
footprint and dimensions, including all 
points of access. Floor plans of interior 
spaces to the extent required to clarify 
access functions and the relationship of 
such spaces to decks, porches, balconies 
and stairs or other features shown on the 
building elevations. Such floor plans shall 
be provided for all building floors and shall 
include appropriate dimensions; 
  2.  Exterior elevations showing finish 
materials, windows, doors, light fixtures, 
stairways, balconies, decks and 
architectural details. These elevations shall 
be provided for every exterior wall surface, 
including those which are completely or 
partially concealed from view by 
overlapping portions of the structure. 
Existing and finished grades at the center 
of all walls shall be shown with elevations 
of floors indicated and a dimension 
showing compliance with height 
limitations; 
  3.  The color and texture of finish 
materials shall be described on the 
drawings and samples shall be submitted of 
the materials a
roofing and trim; 
  4.  Location and type of exterior light 
fixtures including the lamp types and the 
levels of illumination that they provide;
  5.  A comprehensive graphic plan 
showing the location, size, material and 
method of illumination of all exterior 
signs. At the applicant?s option, this plan 
may be submitted for approval at any time 
prior to the issuance of occupancy permits. 
  G.  Architectural Model. 
  1.  Architectural models shall be 
submitted for:
  a.  All new construction,  other than 
duplexes or triplexes, 
  b.  Alterations to existing structures 
other than duplexes or triplexes where the 
proposed alteration involves the addition of 
one thousand square feet of gross floor 
area or more; 
  2.  The model shall be to scale and 
represent the proposed development and 
adjoining buildings within fifty feet of 
applicant?s property lines; 
  3.  The model need only be a massing 
model sufficient to illustrate the 
  17.44.060 
  281  (Cannon Beach 10-04) 
relationship of the proposed structure(s) to 
the site and surrounding properties. 
  H.  Energy Conservation Measures. 
  1.  A description of the method and 
type of energy to be used for heating and 
cooling of the building; 
  2.  An explanation of the energy use 
and strategy being used to minimize the 
amount of energy needed to heat, cool and 
light the structure. 
  I.  Property Survey. 
  1.  A survey of the property by a 
licensed land surveyor clearly delineating 
property boundaries. The city may waive 
this requirement where there is a recent 
survey which can be used to establish the 
applicant?s property boundaries; 
  2.  Prior to the design review board 
meeting, the applicant will have clearly 
marked the corners of proposed buildings 
and other significant features proposed for 
the site. (Ord. 97-28 ? 1; Ord. 94-06 ? 3; 
Ord. 92-11 ? 58; Ord. 90-3 ? 15 (part), 
1990) 
 
17.44.060  Design review criteria?
Purpose. 
  To ensure that the stated purposes of the 
design review process are met, the design 
review board shall be governed by the 
criteria of Sections 17.44.070 through 
17.44.100 as they evaluate and render a 
decision on a proposed design review plan. 
(Ord. 90-3 ? 15 (part), 1990) 
 
17.44.070  Design review criteria?
Statement of intent. 
  A.  The design review criteria are 
intended to provide a frame of reference 
for the applicant in the development of site, 
building and landscape plans, as well as 
providing the city with a means of 
reviewing proposed plans. These criteria 
are not intended to be inflexible 
requirements, nor are they intended to 
discourage creativity. The specification of 
one or more architectural styles is not 
intended by these criteria. 
  B.  The design review board is not 
authorized, as part of the design review 
process, to approve projects which exceed 
specific development standards provided 
for by the zoning ordinance (e.g., building 
height or building setback). 
  C.  Potential full development of a site 
based solely on the standards of the zoning 
ordinance (e.g., building height, building 
setback, number of permitted motel units) 
may be inappropriate for a given site. It is 
for this reason that the design review board 
is specifically delegated the discretion, 
through the application of the design 
review criteria, to require building or site 
designs which may or may not result in the 
potential full development authorized by 
the zoning ordinance. 
  D.  The design review board, in making 
its determination of compliance with the 
design review criteria, shall consider the 
effect of their action on the availability and 
cost of needed affordable housing. The 
design review criteria shall not be used to 
excl
However, this consideration shall not 
prevent the imposition of conditions 
necessary for a proposal to conform to the 
design review criteria. The costs of such 
conditions shall not unduly increase the 
cost of housing beyond the minimum 
necessary to achieve the purposes of this 
  17.44.080 
  282  (Cannon Beach 10-04) 
chapter. The design review board shall 
have no authority to affect dwelling unit 
density. (Ord. 903 ? 15 (part), 1990) 
 
17.44.080  Site design evaluation 
criteria. 
  The following criteria shall be u
evaluating site development plans. The 
number adjacent to the criterion represents 
the relative importance of that criterion, 
with ?3? being the most important:
  x3  A. The arrangement of all functions, 
uses, and improvements has been 
designed so as  to reflect and 
harmonize with the natural 
characteristics and limitations of the 
site and adjacent sites. 
  x3  B. In terms of setback from the street 
or sidewalk, the design creates a 
visually interesting and compatible 
relationship between the proposed 
structures and/or adjacent structures. 
  x3   C. The design incorporates existing 
features such as streams, rocks, slopes, 
vegetation (i.e., making use of a small 
stream rather than placing it in a 
culvert). 
  x3  D. If the project is unusually large, or 
if it is located so as to become part of 
an introduction/transition to the city or 
to a particular district or to the beach, 
the design acknowledges the special 
impact the project would have on the 
entire community by addressing these 
design criteria in an exemplary, 
standard-setting manner. 
  x2   E. Where appropriate, the design 
relates or integrates the proposed 
landscaping/open space to the 
adjoining landscaping/open space in 
order to create a pedestrian pathway 
and/or open system that connects 
several properties. 
  x2   F. The arrangement of the 
improvements on the site do not 
unreasonably degrade the scenic 
values of the surrounding area. 
  x2   G. The improvements on the site 
enhance and/or do not deny solar 
access, light or air within the site or to 
adjacent sites  or structures. 
  x2   H. Where appropriate, the design 
includes a parking and circulation 
system that encourages a pedestrian 
rather than vehicular orientation, 
including a separate service area for 
delivery of goods. 
  x2   I. The arrangement of the 
improvements on the site does not 
unreasonably block or greatly degrade 
scenic vistas enjoyed from 
neighboring (especially public) sites. 
  x2   J. The various functions and elements 
of the site design have been integrated 
into a unified whole, except in those 
cases  where separation is appropriate. 
The overall design is visually 
harmonious when viewed either from 
within the site or from outside the site. 
  xl   K. The design gives attention to the 
placement of storage or mechanical 
equipment so as to screen it from 
view. 
  x2   L. If the project is adjacent to, or 
visible from, US Highway 101, the 
design minimizes its visual impact on 
the scenic character of Highway 101. 
  x3   The arrangement of functions, uses 
and improvements on the site have 
been designed to provide access to and 
within the site for individuals with 
disabilities. 
(Ord. 02-2 ? 1; Ord. 94-06 ? 4; Ord. 90-3 ? 
15 (part), 1990) 
 
  17.44.090 
  283  (Cannon Beach 10-04) 
17.44.090  Architectural design 
evaluation criteria. 
  The following criteria shall be used in 
evaluating architectural designs. The 
number adjacent to the criterion represents 
the relative importance of that criterion, 
with ?3? being the most important:
  x3   A. The design avoids either 
monotonous similarity or excessive 
dissimilarity with existing structures, 
or structures for which a permit has 
been issued, in its section of town (i.e., 
downtown, midtown, etc.). If the 
development includes multiple 
structures, the design avoids either 
monotonous similarity or excessive 
dissimilarity between the component 
structures. 
  x3   B. The size, shape and scale of the 
structure(s) are architecturally 
compatible with the site and with the 
surrounding neighborhood. The 
structure is sufficiently modest in scale 
to enhance the village character of the 
community. 
  x3   C. The proposed materials and colors 
are compatible with the character and 
coastal setting of the city. 
  x3   D. The design avoids monotony and 
provides visual interest and charm by 
giving sufficient attention to 
architectural details and to such design 
elements as texture, pattern and color. 
  x3   E. If the project includes a large 
structure or structures, such as a large 
motel or condominium, the design 
avoids a monolithic expanse of 
frontages and rooflines and diminishes 
the massing of the buildings by 
breaking up building sections, or by 
the use of such elements as variable 
planes, projections, bays, dormers, 
setbacks, or changes in the roofline. 
  x3   F. If the project is unusually large, or if 
it is likely to become a village 
landmark, or if it is located so as to 
become part of an introduction/ 
transition to the city or to a particular 
district or to the beach, the design 
acknowledges the special impact the 
project would have on the entire 
community by addressing the design 
criteria in an exemplary, standard-
setting fashion. 
  x2   G. The height of the structure(s) is 
architecturally compatible with the site 
and the surrounding neighborhood. 
The height of the structures 
contributes to the village scale. 
  x2   H. The height of the structure(s) is 
such that it does not unreasonably 
destroy or degrade the scenic values of 
the surrounding area. 
  x2   I. The height of the structure(s) is such 
that it does not unreasonably block or 
greatly degrade the views of scenic 
vistas as seen from neighboring sites. 
  x2   J. The height of the structure(s) is such 
that it does not unreasonably deny 
solar access, light or air to an adjacent 
structure, on or off the site. 
  x2   K. The design sufficiently addresses 
the relationship of the structure(s) to 
the sidewalk and to pedestrian activity 
so as to foster human interaction. 
  x2   L. The proposed signage harmonizes 
with the other structures in terms of 
form, materials and scale. 
  x2   M. The lighting fixtures are 
compatible with the architectural 
design, and the effect of the 
illumination produced is sufficiently 
subdued to be compatible with the 
village character and avoids casting 
glare on adjoining property. 
  x2   N. The project incorporates design 
elements or building improvements 
  17.44.100 
  284  (Cannon Beach 10-04) 
which result in the conservation of 
energy. 
  xl   O. The design of the project ensures 
continued privacy for the occupants of 
adjacent structures. In cases of 
multifamily housing, this item is to be 
rated as x3. 
(Ord. 90-3 ? 15 (part), 1990) 
 
17.44.100  Landscape design 
evaluation criteria. 
  The following criteria shall be used in 
evaluating landscape plans. The number 
adjacent to the criterion represents the 
relative importance of that criterion, with 
?3? being the most important:
  x3   A. The design substantially 
complements the natural environment 
of Cannon Beach and the character of 
the site. 
  x3  B. The design harmonizes with and 
enhances the architectural design. 
  x3   C. The landscape design acknowledges 
the growing conditions for this 
climatic zone and the unique 
requirements that its specific site 
location makes upon plant selection 
(i.e.,  salt, wind and wind exposure, 
soil condition, light, shade, etc.). 
  x3   D. Provision has been made for the 
survival and continuous maintenance 
of the landscape and its vegetation. 
  x3   E. Where it is desirable to do so, the 
design provides amenities for the 
public. 
  x2   F. The design makes use of existing 
vegetation and incorporates 
indigenous planting materials. 
  x2   G. The selection and arrangement of 
plant materials provides visual interest 
by the effective use of such design 
elements as color, texture and size 
differentiation. 
  x2   H. The hard surface portion of the 
design makes use of visually 
interesting textures and patterns. 
  x2  I. Where it is desirable to do so, the 
design provides visual interest through 
the creation of a variety of elevations. 
  x2   J. The design contributes to the 
stabilization of slopes, where 
applicable. 
  x2   K. The design successfully delineates 
and separates use areas, where it is 
desirable to do so. 
  x2   L. The lighting fixtures and level of 
illumination are compatible with the 
landscape design. The level of 
illumination produced enhances the 
overall project and does not cast glare 
on adjacent property. 
(Ord. 90-3 ? 15 (part), 1990) 
 
17.44.110  Revision of approved 
plans. 
  Construction documents (i.e., drawings 
and specifications) shall conform to all 
aspects of the approved design review 
plan. Where circumstances, unknown or 
unforeseen at the time the plans are 
approved, make it undesirable or 
unfeasible to comply with some particular 
aspect of the approved plan, the applicant 
shall request in writing that the city review 
the modification. The city and the chair of 
the design review board shall review the 
proposed modification to determine 
whether it constitutes a ?major? or ?minor? 
revision of the approved plans. 
  A.  Major Modifications. 
  1.  Major modifications are those which 
result in a significant change in the 
approved plan. 
  2.  The following are examples of 
major modifications:
  17.44.120 
  285  (Cannon Beach 10-04) 
  a.  Changes to the siting of a building;  
  b.  Modification of the areas to be 
landscaped; and 
  c.  Modifications to a plan element that 
was the subject of a design review board 
condition. 
  3.  If the city determines that the 
proposed change is a major modification, 
the proposed alteration shall be reviewed in 
the same manner as a new application. 
  B.  Minor Modifications. 
  1.  Minor modifications are those 
which result in an insignificant change in 
the approved plan. 
  2.  The following are examples of 
minor modifications: 
  a.  Limited dimensional or locational 
changes to building elements such as 
windows or doors; 
  b.  Changes in building materials where 
only a limited area is affected; and which 
do not affect the overall landscape design. 
  c.  Substitution of landscape materials 
which do not affect the overall landscape 
design. 
  3.  If the city determines that the 
proposed change is a minor modification, 
the city will proceed with the review of the 
construction documents or changes in 
construction. (Ord. 90-3 ? 15 (part), 1990) 
 
17.44.120  Landscaping standards. 
  The following landscape requirements 
are established for developments subject to 
design review plan approval: 
  A.  Area Required. The following 
minimum lot area shall be landscaped for 
the following uses: 
  1.  Duplexes and triplexes: forty 
percent; 
  2.  Multifamily dwellings containing 
four or more units: thi  
  3.  Nonresidential uses (e.g., 
commercial, industrial, governmental): 
twenty percent. 
  B.  Landscaping Defined. The required 
landscaping is to include a combination of 
any of the following materials: living plant 
material such as trees, shrubs, 
groundcover, flowers and lawn; and 
nonliving materials such as benches, 
walkways and courtyards, consisting of 
brick, decorative rock or other decorative 
materials (see also Section 17.04.310). 
Living plant material shall constitute a 
minimum of fifty percent of the total 
required area. Minimum area requirements 
may include landscaping around buildings 
in parking and loading areas, outdoor 
recreational use areas, and screening and 
buffering areas. 
  C.  Maintenance of Existing Vegetation. 
Existing site vegetation shall be utilized to 
the maximum extent possible consistent 
with building placement and the proposed 
landscape plan. 
  D.  Parking Lots. Parking areas shall be 
landscaped in accordance with the 
requirements of Section 17.78.010. 
  E.  Buffering and Screening. Buffering 
and screening areas shall conform to the 
requirements of Chapter 17.66. 
  F.  Grading. The grading and 
contouring of the site, and on-site drainage 
facilities, shall be designed so there is no 
adverse affect on neighboring properties or 
public rights-of-way. 
  G.  Plant Material Installation 
Standards. 
  17.44.130 
  286  (Cannon Beach 10-04) 
  1.  Landscape plant materials will be 
installed to current nursery industry 
standards (OAN). 
  2.  Landscape plant materials shall be 
properly guyed and staked to current 
industry standards. Stakes and guy wires 
shall not interfere with vehicular or 
pedestrian traffic. 
  3.  Deciduous trees shall be fully 
branched, have a minimum caliper of one 
and one-half inches and a minimum height 
of eight feet at the time of planting. 
  4.  Evergreen trees shall have a 
minimum size of six feet in height, fully 
branched, at the time of planting. 
  5.  Shrubs shall be supplied in one-
gallon containers or eight-inch burlap balls 
with a minimum spread of twelve inches. 
Shrubs shall be planted on a maximum of 
thirty inches on center. 
  6.  Groundcover shall be supplied in 
either of the following quantities:
  a.  Four-inch containers planted on a 
maximum of eighteen inches on center or 
between rows; or 
  b.  Two and one-fourth-inch containers 
planted on a maximum of twelve inches on 
center or between rows. 
  7.  Rows of plants should be staggered 
for more effective coverage. 
  H.  Irrigation. All landscaping areas for 
uses other than duplexes or triplexes shall 
be irrigated or shall be certified, by a 
licensed landscape architect, licensed 
landscaper or nurseryperson, that they can 
be maintained and survive without 
artificial irrigation. If the plantings fail to 
survive, it is the responsibility of the 
property owner to replace them. 
  I.  Maintenance. All landscaping 
approved as part of a design review plan 
shall be continuously maintained including 
necessary watering, weeding, pruning and 
replacement of plant materials. As part of 
design review approval, the design review 
board may require the execution of a 
contract for the maintenance of landscaped 
areas. 
  J.  Lighting. Lighting shall be subdued. 
Low-intensity ground lights for walking or 
parking areas are preferred. No pole-
mounted light shall exceed a height of 
fifteen feet. (Ord. 90-3 ? 15 (part), 1990) 
 
17.44.130  Performance assurance. 
  A.  Landscaping or other site 
improvements required pursuant to an 
approved design review plan shall be 
installed prior to the issuance of certificate 
of occupancy or final inspection, unless the 
property owner submits a performance 
assurance device committing the 
installation of landscaping or other site 
improvement within six months. In no case 
shall the property owner delay 
performance for more than six months. 
  B.  Performance assurance devices shall 
take the form of one of the following:
  1.  A surety bond executed by a surety 
company authorized to transact business in 
the state in a form approved by the city 
attorney; 
  2.  Cash; 
  3.  A letter of credit approval by the 
city attorney from a financial institution 
stating that the money is held for the 
purpose of development of the landscaping 
or other specified site improvement. 
  17.44.140 
  287  (Cannon Beach 10-04) 
  C.  If a performance assurance device is 
employed, the property owner shall 
provide the city with a nonrevocable 
notarized agreement granting the city and 
its agents the right to enter the property and 
perform any required work remaining 
undone at the expiration of the assurance 
device. 
  D.  If the property owner fails to carry 
out provisions of the agreement and the 
city has reimbursable costs or expenses 
resulting from such failure, the city shall 
call on the bond or cash deposit for 
reimbursement. If the amount of the bond 
or cash deposit exceeds the cost and 
expense incurred by the city, the remainder 
shall be released. If the amount of the bond 
or cash deposit is less than the cost and 
expense incurred by the city, the property 
owner shall be liable to the city for the 
difference. (Ord. 90-3 ? 15 (part), 1990) 
 
17.44.140  Final approval expiration. 
  The final approval of a design review 
plan shall be void after one year of the date 
of approval unless a building permit has 
been obtained. (Ord. 90-3 ? 15 (part), 
1990) 
 
Chapter 17.46 
 
IMPACT ASSESSMENT PROCEDURE 
 
Sections: 
17.46.010  Purpose. 
17.46.020  Impact assessment?
Requirements. 
17.46.030  Use of impact 
assessment. 
17.46.040  Impact assessment?
Information. 
17.46.050  Impact assessment?
Findings. 
 
17.46.010  Purpose. 
  The purpose of this chapter is to provide 
an assessment process for development 
alterations which could potentially alter the 
estuarine ecosystem. A clear presentation 
of the impacts of the proposed alteration 
shall precede the following activities: 
dredging, filling, in-water structures such 
as structural shoreline stabilization, water 
intakes or outfalls. The impact assessment, 
which need not be lengthy or complex, 
should enable reviewers to gain a clear 
understanding of the impacts to be 
expected. Specific information to be 
provided in the impact assessment is found 
in Section 17.46.040. Methods which are 
to be employed to avoid or minimize 
impacts shall be set forth. (Ord. 95-21 ? 2 
(part): Ord. 86-10 ? 6 (part): Ord. 79-4 ? 1 
(4.132) (part)) 
 
17.46.020  Impact assessment?
Requirements. 
  A.  An impact assessment in accordance 
with the provisions of this chapter shall be 
required for the following uses and 
activities when proposed for estuarine 
aquatic areas: 
  1.  Filling or dredging (either dredging 
in excess of fifty cubic yards within a 
twelve-month period, or dredging of less 
than fifty cubic yards, which requires a 
Section 404 permit from the U.S. Army 
Corps of Engineers); 
  2.  Active restoration; 
  17.46.030 
  288  (Cannon Beach 10-04) 
  3.  In-water structures such as support 
structures; 
  4.  Rip-rap or other shoreline 
stabilization; 
  5.  Water intake or outfall;  
(Monitoring of effluent discharge and 
application of pesticides and herbicides are 
the responsibility of the Department of 
Environmental Quality and the Oregon 
Department of Agriculture.) 
  B.  Further, an impact assessment shall 
be required when a use or activity requires 
a determination of consistency with 
resource capability of the estuary zone. 
Note that federal environmental impact 
statements or environmental assessments 
may substitute for this requirement if 
available at the time of permit review. 
(Ord. 95-21 ? 2 (part): Ord. 86-10 ? 6 
(part): Ord. 79-4 ? 1 (4.132) (1)) 
 
17.46.030  Use of impact assessment. 
  A.  Information contained in impact 
assessments shall be used in the evaluation 
of a use or activity during a conditional use 
(Chapter 17.80) permit review procedure. 
The impact assessment shall be used to:
  1.  Identify potential development 
alterations of significant estuarine fish and 
wildlife habitats and disturbance of 
essential properties of the estuarine 
resource; 
  2.  Determine whether potential 
impacts can be avoided and minimized; 
and 
  3.  To provide a factual base of 
information that will ensure that applicable 
standards in Section 17.80.120 are met. 
  B.  Where a use requires a resource 
capability determination, information in 
the impact assessment will be used to 
determine consistency of proposed uses 
and activities with the resource capability 
analysis and shall be based on the 
requirements in Section 17.46.040. (Ord. 
95-21 ? 2 (part): Ord. 86-10 ? 6 (part): 
Ord. 79-4 ? 1 (4.132) (2)) 
 
17.46.040  Impact assessment?
Information. 
  A.  Impact assessments shall contain the 
following information:
  1.  The type and extent of alterations 
expected; 
  2.  The type of resource(s) affected; 
  3.  The expected extent of impacts of 
the proposed alteration on water quality 
and other physical characteristics of the 
estuary, living resources, recreation and 
aesthetic use, navigation and other existing 
and potential uses of the estuary; and 
  4.  The methods which could be 
employed to avoid or minimize adverse 
impacts. 
  B.  It is the responsibility of the 
applicant to provide this information. (Ord. 
95-21 ? 2 (part): Ord. 86-10 ? 6 (part): 
Ord. 79-4 ? 1 (4.132) (3)) 
 
17.46.050  Impact assessment?
Findings. 
  Resulting from the analysis of the 
information presented in the impact 
assessment, one of the following findings 
shall be concluded:
  A.  The proposed uses and activities are 
in conformance with all comprehensive 
plan policies and zoning ordinance 
standards and do not represent a potential 
degradation or reduction of significant fish 
  17.48.010 
  289  (Cannon Beach 10-04) 
and wildlife habitats and essential 
properties of the estuarine resource. Where 
an impact assessment is required for a 
resource capability determination, the 
proposed uses are consistent with the 
resource capability, and meet the purpose 
of the management zone or area. 
  B.  The proposed uses and activities are 
in conformance with all comprehensive 
plan policies and zoning ordinance 
standards, but represent a potential 
degradation or reduction of significant fish 
and wildlife habitats and essential 
properties of the estuarine resource. The 
impact assessment identifies reasonable 
alternatives to proposed actions that will 
eliminate or minimize to an acceptable 
level expected adverse environmental 
impacts. Where an impact assessment is 
required for a resource capability 
determination, the adverse environmental 
impacts have been minimized to be 
consistent with the resource capability and 
purpose of the management area or zone. 
The proposed uses and activities may be 
accommodated and found to be consistent 
with resource capabilities and meet the 
purpose of the management area or zone. 
  C.  The proposed uses and activities are 
not in conformance with all comprehensive 
plan policies and zoning ordinance 
standards. The impact assessment and 
analysis indicate that unacceptable loss 
will result from the proposed development 
alteration. The proposed uses and activities 
represent irreversible changes and actions 
and unacceptable degradation or reduction 
of significant estuarine fish and wildlife 
habitats and essential properties of the 
estuarine resources will result; or, that the 
adverse consequences of the proposed uses 
and activities, while unpredictable and not 
precisely known, would result in 
irreversible trends or changes in estuarine 
resource properties and functions. 
  D.  Available information is insufficient 
for predicting and evaluating potential 
impacts. More information is needed 
before the project can be approved. (Ord. 
95-21 ? 2 (part): Ord. 86-10 ? 6 (part): 
Ord. 79-4 ? 1 (4.132) (4)) 
 
Chapter 17.48 
 
RESOURCE CAPABILITY 
DETERMINATION 
 
Sections: 
17.48.010  Purpose of provisions. 
17.48.020  Definition of resource 
capability. 
17.48.030  Purpose of the estuary 
zone. 
17.48.040  Resource capability 
procedure. 
17.48.050  Identification of 
resources and impacts. 
17.48.060  Resource capability 
administrative 
provisions. 
17.48.070  Appeal procedure. 
 
17.48.010  Purpose of provisions. 
  Certain uses and activities in the estuary 
zone are allowed only if determined to 
meet the resource capability and purpose of 
the zone in which the use or activity 
occurs. The purpose of this chapter is to 
establish a procedure for making a resource 
capability determination. (Ord. 95-21 ? 3 
  17.48.020 
  290  (Cannon Beach 10-04) 
(part): Ord. 86-10 ? 7 (part): Ord. 79-4 ? 1 
(4.133) (part)) 
 
17.48.020  Definition of resource 
capability. 
  A use or activity is consistent with the 
resource capabilities of the area when 
either the impacts of the use on estuarine 
species, habitats, biological productivity 
and water quality are not significant or that 
the resources of the area are able to 
assimilate the use and activity and their 
effect and continue to function in a manner 
which conserves long-term renewable 
resources, natural biologic productivity, 
recreational and aesthetic values. (Ord. 95-
21 ? 3 (part): Ord. 86-10 ? 7 (part): Ord. 
79-4 ? 1 (4.133) (1)) 
 
17.48.030  Purpose of the estuary 
zone. 
  A.  The purpose of the estuary zone is 
to: 
  1.  Assure  the protection of fish and 
wildlife habitats; 
  2.  Maintain the biological productivity 
within the estuary; and 
  3.  Provide for low-intensity uses that 
do not require major alterations of the 
estuary. (Ord. 95-21 ? 3 (part): Ord. 86-10 
? 7 (part): Ord. 79-4 ? 1 (4.133) (2)) 
 
17.48.040  Resource capability 
procedure. 
  In order to determine whether a use or 
activity is consistent with the resource 
capability and purpose of the zone for 
which the use or activity is proposed, the 
following procedure is required: 
  A.  Identification of the area in which 
the activity is proposed, and the resources 
of the area; 
  B.  Identification of adverse impacts of 
the proposed use or activity on the resource 
identified in subsection A of this section. 
This information is included  in Chapter 
17.46, Impact Assessment Procedure; 
  C.  Determination of whether the 
resources can continue to achieve the 
purpose of the zone in which the use or 
activity is proposed. (Ord. 95-21 ? 3 (part): 
Ord. 8610 ? 7 (part): Ord. 79-4 ? 1 (4.133) 
(3)) 
 
17.48.050  Identification of resources 
and impacts. 
  A.  The applicant for a proposed use or 
activity in which a resource capability 
determination must be made shall submit 
the following:
  1.  Information on resources present in 
the area in which the use or act
proposed; 
  2.  Impact assessment as specified in 
Chapter 17.46, Impact Assessment 
Procedure. (Federal environmental impact 
statements or environmental assessments 
may be substituted if available at the time 
of the permit request.) 
  B.  If, in the course of review, 
additional information is required to satisfy 
the provisions of this chapter, notification 
shall be made to the applicant outlining the 
additional information needed and the 
reason. Although the applicant shall be 
responsible for providing  all necessary 
information, the city will assist the 
applicant in identifying inventory sources 
and information. 
  17.48.060 
  291  (Cannon Beach 10-04) 
  C.  Identification of resources shall 
include both environmental (e.g., aquatic 
life and habitat present, benthic 
populations, migration routes) and social 
and economic factors. (Ord. 95-21 ? 3 
(part): Ord. 86-10 ? 7 (part): Ord. 79-4 ? 1 
(4.133) (4)) 
 
17.48.060  Resource capability 
administrative provisions. 
  A.  A resource capability determination 
for a use or activity identified in this title 
as  a conditional use shall be made in 
accordance with the conditional use 
procedure set forth in Chapter 17.80. 
  B.  Public notice of development 
proposals which require determination of 
consistency with resource capabilities shall 
be sent to state and federal  
agencies with mandates and authorities for 
planning, permit issuance and resource 
decision-making. These are: Oregon 
Department of Fish and Wildlife, Oregon 
Division of State Lands, Oregon 
Department of Land Conservation and 
Development, U.S. Fish and Wildlife 
Service, National Marine Fisheries Service, 
Environmental Protection Agency and the 
U.S. Army Corps of Engineers. (Ord. 95-
21 ? 3 (part): Ord. 86-10 ? 7 (part): Ord. 
79-4 ? 1 (4.133) (5)) 
 
17.48.070  Appeal procedure. 
  A resource capability determination 
made as part of a conditional use permit 
decision may be appealed as provided in 
Section 17.88.140. (Ord. 95-21 ? 3 (part): 
Ord. 86-10 ? 7 (part): Ord. 79-4 ? 1 (4.133) 
(6)) 
 
Chapter 17.50 
 
DEVELOPMENT REQUIREMENTS 
FOR POTENTIAL GEOLOGIC 
HAZARD AREAS 
 
Sections: 
17.50.010  Purpose. 
17.50.020  Applicability. 
17.50.030  Procedure. 
17.50.040  Reports and plans 
required. 
17.50.060  Disclaimer of liability. 
17.50.070  Master hazards map. 
 
17.50.010  Purpose. 
  The purpose of this chapter is to 
minimize building hazards and threats to 
life and property that may be created by 
landslides, coastal erosion, weak 
foundation soils and other hazards as 
identified and mapped by the city. This 
purpose is achieved by basing city 
decisions on accurate geologic and soils 
information prepared by a registered 
geologist and requiring the application of 
engineering principles in any construction 
that occurs where such studies indicate 
potential hazards. (Ord. 79-4 ? 1 (4.110) 
(1)) 
 
17.50.020  Applicability. 
  The following are potential geologic 
hazard areas to which the standards of this 
section apply:
  A.  In any area with an average slope of 
twenty percent or greater; 
  B.  In areas of potential landslide 
hazard, as identified in the city master 
hazards map and comprehensive plan; 
  17.50.030 
  292  (Cannon Beach 10-04) 
  C.  In areas abutting the oceanshore, or 
velocity zone flood hazard, as identified on 
the city?s FIRM maps; 
  D.  In areas identified by the soil survey 
of Clatsop County, Oregon as containing 
weak foundation soils; or 
  E.  In open sand areas regardless of the 
type of dune or its present stability, and 
conditionally stable dunes not located in a 
velocity flood hazard zone, as identified on 
the city?s FIRM maps, which in the view 
of the building official have the potential 
for wind erosion or other damage. (Ord. 
92-11 ? 60: Ord. 79-4 ? 1 (4.110) (2)) 
 
17.50.030  Procedure. 
  The requirements of this section shall be 
met prior to the issuance of a building 
permit. The city may require that the 
requirements of this section be met in 
conjunction with a request for the approval 
of a setback reduction, variance, 
conditional use, design review request, 
preliminary subdivision proposal, major 
partition request, minor partition request 
and preliminary planned development 
request. (Ord. 92-11 ? 61: Ord. 79-4 ? 1 
(4.110) (3)) 
 
17.50.040  Reports and plans 
required. 
  A.  Geologic Site Investigation Report. 
  1.  A geologic site investigation report 
shall be prepared by a registered geologist 
or engineering geologist. The report is to 
be prepared in conformance with the city?s 
site investigation report checklist. 
  2.  Where recommended by the 
geologic site investigation report, or 
required by the building official, an 
engineering report prepared by a registered 
civil engineer shall be prepared. The report 
shall discuss the engineering feasibility of 
the proposed development and include 
findings and conclusions for: the design 
and location of structures; the design and 
location of roads; the design and location 
of utilities; land grading practices, 
including excavation and filling; 
stormwater management; and vegetation 
removal and replanting. 
  3.  The burden of proof shall be upon 
the applicant to show construction 
feasibility. A proposed use will be 
permitted only where:
  a.  The geologic site investigation 
report indicates that there is not a hazard to 
the use proposed on the site or to properties 
in the vicinity; or 
  b.  The geologic site investigation 
report and engineering report specifies 
engineering and construction methods 
which will eliminate the hazard, or will 
minimize the hazard to an acceptable level. 
  4.  The standards and recommendations 
contained in the geologic site investigation 
and engineering report, upon acceptance by 
the building official, shall become 
requirements of any building permit that is 
issued. 
  5.  The building official may have the 
geologic site investigation report, or the 
engineering report reviewed by an 
independent expert of his choosing. Such a 
review may address either the adequacy or 
completeness of the site investigation, or 
the construction methods recommended in 
the engineering report. The applicant shall 
pay for the cost of the review. (Ord. 98-5 
  17.50.060 
  293  (Cannon Beach 10-04) 
?? 2, 3; Ord. 92-11 ? 62: Ord. 79-4 ? 1 
(4.110) (4)) 
 
17.50.060  Disclaimer of liability. 
  The degree of protection from problems 
caused by geologic hazards  which is 
required by this chapter is considered 
reasonable for regulatory purposes. This 
chapter does not imply that uses permitted 
will be free from geologic hazards. This 
chapter shall not create a liability on the 
part of the city or by any officers, 
employee or official thereof for any 
damages due to geologic hazards that result 
from reliance on this chapter or any 
administrative decision lawfully made 
thereunder. (Ord. 79-4 ? 1 (4.110) (7)) 
 
17.50.070  Master hazards map. 
  A map shall be maintained in t
hall delineating areas of natural hazards, as 
required by the comprehensive plan. The 
map shall be updated periodically in order 
to contain up-to-date information on mass 
movement, slumping, weak foundation 
soils or other hazards. Flood hazards shall 
be indicated by the city?s flood insurance 
rate map. (Ord. 79-4 ? 1 (4.110) (8)) 
 
Chapter 17.52 
 
DUNE CONSTRUCTION 
STANDARDS 
 
Sections: 
17.52.010  Purpose. 
17.52.020  Wind erosion prevention 
plan required. 
17.52.030  Vegetation removal?
Restricted. 
17.52.040  Sand removal?
Restricted. 
17.52.050  Topographic 
modification?
Restricted. 
17.52.060  Geological site 
investigation?
Required. 
17.52.080  Performance bond. 
 
17.52.010  Purpose. 
  It is the intent of the dune construction 
standards to regulate activities associated 
with the construction of dwellings or 
commercial buildings, where permitted, in 
dune areas in order to minimize damage to 
the dune forms and to adjacent property. 
The following sections shall apply to 
developments in dune areas. (Ord. 94-08 ? 
11: Ord. 86-10 ? 5 (part): Ord. 79-4 ? 1 
(4.120) (part)) 
 
17.52.020  Wind erosion prevention 
plan required. 
  Before a building permit is issued for 
the construction of a dwelling or 
commercial building which involves the 
removal of vegetation in areas of sand 
soils,  a satisfactory wind erosion 
prevention plan shall be submitted to the 
building official. The plan shall provide for 
temporary and permanent sand 
stabilization. The plan shall return the area 
to its original level of stability or further 
increase the area?s stability. This plan can 
be a report indicating what types of 
vegetation will be planted, approximately 
when planting will occur, how vegetation 
will be preserved and other relevant 
techniques being used to prevent wind 
  17.52.030 
  294  (Cannon Beach 10-04) 
erosion. (Ord. 94-08 ? 12: Ord. 86-10 ? 5 
(part): Ord. 79-4 ? 1 (4.120) (1)) 
 
17.52.030  Vegetation removal?
Restricted. 
  Removal of vegetation in areas of sandy 
soils shall be kept to the minimum required 
for building placement or other valid 
purposes. Removal of vegetation shall not 
occur more than thirty days prior to 
grading or construction. Permanent 
revegetation shall be started on the site as 
soon as practical. (Ord. 86-10 ? 5 (part): 
Ord. 79-4 ? 1 (4.120) (2)) 
 
17.52.040  Sand removal?Restricted. 
  Sand removal shall be limited to that 
necessary for construction of permitted 
structures on the site or for eliminating 
hazards identified in the wind erosion 
prevention plan. Adequate consideration 
shall be given to removing sand from the 
least sensitive locations. Disturbed areas 
shall be properly revegetated unless 
building is done thereon. (Ord. 86-10 ? 5 
(part): Ord. 79-4 ? 1 (4.120) (3)) 
 
17.52.050  Topographic 
modification?Restricted. 
  Developments shall result in the least 
topographic modification of the site that is 
practical. (Ord. 86-10 ? 5 (part): Ord. 79-4 
? 1 (4.120) (4)) 
 
17.52.060  Geological site 
investigation?Required. 
  Site specific investigations by a 
registered geologist shall be required prior 
to the issuance of a building permit in open 
sand areas, property with slopes of twenty 
percent or more or other sites which the 
building official determines may have 
significant potential for wind erosion or 
other hazards. The report shall include the 
history of erosion or other hazards in the 
vicinity of the site, a map of areas in the 
vicinity of the site with recent evidence of 
erosion, a presentation of potential adverse 
effects of the development, 
recommendations on where structures 
should be located, suggestions on the type 
of protection required for the proposed use 
and nearby property, and other material 
required by the building official. (Ord. 94-
08 ? 13: Ord. 86-10 ? 5 (part): Ord. 79-4 ? 
1 (4.120) (5)) 
 
17.52.080  Performance bond. 
  The building official may require that 
the developer post a performance bond to 
insure that safeguards recommended by 
either the wind erosion plan or the site 
investigation are provided or implemented. 
(Ord. 86-10 ? 5 (part): Ord. 79-4 ? 1 
(4.120) (7)) 
 
Chapter 17.54 
 
ACCESSORY USES GENERALLY 
 
Sections: 
17.54.010  Compliance with 
principal use 
requireme nts. 
17.54.020  Fences. 
17.54.030  Accessory structure or 
building. 
17.54.040  Home occupations ?
Type I. 
  17.54.010 
  295  (Cannon Beach 10-04) 
17.54.045  Home occupations ?
Type II. 
17.54.050  Microwave receiving 
dishes. 
17.54.060  Amusement devices. 
17.54.080  Accessory dwelling. 
 
17.54.010  Compliance with principal 
use requirements. 
  Accessory uses shall comply with all 
requirements for the principal use except 
where specifically modified by this title 
and shall comply with the limitations set 
forth in Sections 17.54.020 through 
17.54.060. (Ord. 86-16 ? 4 (part): Ord. 79-
4 ? 1 (4.010) (part)) 
 
17.54.020  Fences. 
  Fences shall be subject to the following 
standards: 
  A.  In any required front yard, fences 
shall not exceed three and one-half feet in 
height except that an entry area or arbor 
with a maximum height of eight feet may 
be permitted where: its length is no more 
than twenty percent of the site frontage, up 
to a maximum of ten feet, and its depth is 
no more than five feet; the structure is part 
of a fence or constitutes a pedestrian entry; 
the structure is constructed of wood; and 
the structure is not located in a required 
clear-vision area. The height of an entry 
with a pitched roof shall be measured as 
the average of its peak and eave. Fences 
located in the required clear-vision area, as 
defined by Section 17.90.040, shall not 
exceed a height of three feet; 
  B.  In any rear or side yard, fences shall 
not exceed six feet in height. Fences 
located within the required clear vision 
area, as defined by Section 17.90.040, shall 
not exceed a height of three feet; 
  C.  For lots abutting the oceanshore, 
any fence located within a required ocean 
yard shall not exceed a height of two and 
one-half feet; 
  D.  Fences of any height may be located 
in areas that are not a required yard. Fences 
over six feet in height shal  
building permit; 
  E.  All fences or portions thereof, shall 
be located or constructed in such a way as 
not to prevent access to abutting properties 
for building maintenance or fire protection 
purposes or shall not obstruct significant 
views of t
features from adjacent buildings; 
  F.  The height of a fence shall be 
measured from the existing grade where 
the fence is located. The ?existing grade? is 
defined as the surface of the ground, prior 
to any alterations; 
  G.  In residential zones, fences shall not 
make use of barbed wire or other sharp or 
otherwise dangerous construction material. 
In other zones, barbed wire may be 
permitted where required for security 
reasons and where no other reasonable 
alternatives are available. (Ord. 93-26 ? 1; 
Ord. 93-22 ? 1; Ord. 92-11 ? 48: Ord. 89-3 
? 1 (part); Ord. 86-16 ? 4 (part): Ord. 79-4 
? 1 (4.010) (1)) 
 
17.54.030  Accessory structure or 
building. 
  A.  Structures and buildings accessory 
to a residential use shall comply with all 
yard requirements except that accessory 
structures and buildings may be located in 
the rear yard where a Type 3 development 
  17.54.040 
  296  (Cannon Beach 10-04) 
permit is issued for pursuant to Section 
17.92.010. Structures and buildings six feet 
in height or less do not require a 
development permit. Structures and 
buildings accessory to a residential use 
located in the required rear yard shall 
comply with the following standards:
  1.  The structures or buildings do not 
occupy more than fifty percent of the 
required rear yard; and 
  2.  The structures or buildings are not 
closer than five feet to the rear property 
line; and 
  3.  The structures or buildings do not 
exceed fourteen feet in height; and 
  4.  The structures or buildings are 
located in such a way as to not be 
detrimental to abutting property and shall 
not obstruct views from adjacent buildings. 
  B.  Structures or buildings, more than 
one hundred twenty square feet in size, 
accessory to a residential use shall not be 
metal clad (metal roofs are permissible). 
  C.  Structures or buildings accessory to 
a commercial, industrial or institutional use 
shall comply with all yard requirements. 
  D.  A guest house may be maintained 
accessory to a dwelling provided that there 
are no kitchen facilities in the guest house. 
(Ord. 02-17 ? 1: Ord. 97-29 ? 1; Ord. 92-
11 ? 49; Ord. 90-10 ? 1 (Appx. A ? 32); 
Ord. 89-28 ? 2; Ord. 86-16 ? 4 (part): Ord. 
79-4 ? 1 (4.010) (2)) 
 
17.54.040  Home occupations ?Type 
I. 
  A Type I home occupation, when 
conducted as an accessory use to a 
dwelling in a residential zone, shall be 
subject to the following limitations:
  A.  No person, other than members of 
the family residing in the dwelling, shall be 
employed on the premises of the home 
occupation; 
  B.  The home occupation may be 
carried out in a dwelling or in an accessory 
building. However, not more than twenty-
five percent of the gross floor area of the 
dwelling unit and an accessory structure 
utilized for the home occupation shall be 
used to conduct the home occupation; 
  C.  Any structural alteration, or exterior 
modification of a dwelling, in order to 
accommodate a home occupation, shall be 
reviewed by the design review board in 
accordance with the procedures of Section 
17.44.040. The purpose of the review is to 
determine whether the proposed 
modification would have an adverse 
impact on  the residential character of the 
adjacent area. Where the design review 
board finds that there would be an adverse 
impact, the proposed alteration or 
modification shall be denied; 
  D.  The home occupation shall be 
conducted in such a manner as to give no 
permanent exterior evidence of the conduct 
of a home occupation, other than a sign as 
provided by Chapter 17.56; 
  E.  Retail sales of goods must be 
entirely accessory to any service provided 
by the home occupation, e.g. hair care 
products sold in conjunction with a beauty 
salon; 
  F.  Home occupations shall emit no 
noise, air pollution, waste products or other 
effects potentially detrimental to the 
neighborhood beyond those emanating 
from a dwelling; 
  17.54.045 
  297  (Cannon Beach 10-04) 
  G.  The home occupation shall generate 
no more than eight vehi  
(Chapter 17.04 defines a vehicle trip as a 
single one direction vehicle movement to a 
particular destination); 
  H.  No exterior storage of materials is 
permitted; 
  I.  Commercial vehicle traffic 
generated by the home occupation shall be 
limited to two-axle vehicles, except that 
one round trip by a larger commercial 
vehicle is permitted in a calendar year. 
  J.  Any home occupation authorized 
under the provisions of this section shall be 
open to inspection and review at 
reasonable times by code enforcement 
personnel for the purpose of verifying 
compliance with the provisions of this 
section or the conditions of approval. 
  K.  A home occupation approval may 
be revoked by the planning director upon 
finding that the applicant provided false 
information, that activities related to the 
home occupation are inconsistent with the 
standards of this section, or that activities 
related to the home occupation are 
inconsistent with conditions of approval. 
The planning director?s decision may be 
appealed to the planning commission in 
accordance with the provisions of Section 
17.88.140. No aspect of this section shall 
prevent enforcement of violations as 
otherwise provided for by the zoning code 
or the Cannon Beach Municipal Code. 
(Ord. 03-8 ?2; Ord. 97-6 ? 16: Ord. 90-10 
? 1 (Appx. A ? 33): Ord. 86-16 ? 4 (part): 
Ord. 79-4 ? 1 (4.010) (3)) 
 
17.54.045  Home occupations ?Type 
II. 
  A Type II home occupation, when 
conducted as an accessory use to a 
dwelling in a residential zone, shall be 
subject to the following limitations: 
  A.  No more than one person, other than 
members of the family residing in the 
dwelling, shall be employed on the 
premises of the home occupation; 
  B.  The home occupation may be 
carried out in a dwelling or in an accessory 
building. However, not more than twenty-
five percent of the gross floor area of the 
dwelling unit and an accessory structure 
utilized for the home occupation shall be 
used to conduct the home occupation; 
  C.  Any structural alteration, or exterior 
modification of a dwelling, in order  to 
accommodate a home occupation, shall be 
reviewed by the design review board in 
accordance with the procedures of Section 
17.44.040. The purpose of the review is to 
determine whether the proposed 
modification would have an adverse 
impact on the residenti
adjacent area. Where the design review 
board finds that there would be an adverse 
impact, the proposed alteration or 
modification shall be denied; 
  D.  The home occupation shall be 
conducted in such a manner as to give no 
permanent exterior evidence of the conduct 
of a home occupation, other than a sign as 
provided by Chapter 17.56; 
  E.  Retail sales of goods must be 
entirely accessory to any service provided 
by the home occupation, e.g. hair care 
products sold in conjunction with a beauty 
salon; 
  17.54.050 
  298  (Cannon Beach 10-04) 
  F.  Home occupations shall emit no 
noise, air pollution, waste products or other 
effects potentially detrimental to the 
neighborhood beyond those emanating 
from a dwelling; 
  G.  The home occupation shall generate 
no more than eight vehicle trips a day 
(Chapter 17.04 defines a vehicle trip as a 
single one direction vehicle movement to a 
particular destination); 
  H.  No exterior storage of materials is 
permitted; 
  I.  Commercial vehicle traffic 
generated by the home occupation shall be 
limited to two-axle vehicles, except that 
one round trip by a larger commercial 
vehicle is permitted in a calendar year. 
  J.  Any home occupation authorized 
under the provisions of this section shall be 
open to inspection and review at 
reasonable times by code enforcement 
personnel for the purpose of verifying 
compliance with the provisions of this 
section or the conditions of approval. 
  K.  A home occupation approval may 
be revoked by the planning director upon 
finding that the applicant provided false 
information, that activities related to the 
home occupation are inconsistent with the 
standards of this section, or that activities 
related to the home occupation are 
inconsistent with conditions of approval. 
The planning director?s decision may be 
appealed to the planning commi  
accordance with the provisions of Section 
17.88.140. No aspect of this section shall 
prevent enforcement of violations as 
otherwise provided for by the zoning code 
or the Cannon Beach Municipal Code. 
(Ord. 03-8 ? 3; Ord. 97-6 ? 17) 
 
17.54.050  Microwave receiving 
dishes. 
  A microwave receiving dish greater than 
thirty inches in diameter may only be 
placed in a rear yard, on the ground, and 
must be screened by landscaping. (Ord. 94-
36 ? 1: Ord. 92-11 ? 51: Ord. 79-4 ? 1 
(4.010) (5)) 
 
17.54.060  Amusement devices. 
  Amusement devices are permitted only 
as an accessory use to commercial uses and 
tourist accommodations. Such amusement 
devices shall conform to the following 
requirements:
  A.  No more than four amusement 
devices are permitted at any business 
location. For the purpose of this section, 
business location is defined as a building, 
or portion of a building, where a business 
having amusement devices is operated 
pursuant to a city business license and 
where that business does not have direct 
access by means of an opening to another 
business in that building. Where a business 
does have direct access to another portion 
of a building using an access other than a 
common corridor, the businesses shall be 
considered one business location for the 
purposes of this section. 
  B.  The holder of the city business 
license for the business location must also 
be the holder of the state amusement 
device license, issued pursuant to ORS 
320.005 through 320.990, for the 
amusement devices at that location. 
  C.  All amusement devices must be 
confined to a business location and may 
not be placed in portions of buildings that 
  17.54.080 
  299  (Cannon Beach 10-04) 
have common entry or exit areas, halls or 
walkways, restrooms or similar public 
areas. 
  D.  Business locations that are not in 
conformance with the requirements of 
subsections A through C of this section 
shall be brought into compliance within 
thirty days of the effective date of the 
ordinance codified in Section 17.44.060. 
(Ord. 88-12 ? 4: Ord. 79-4 ? 1 (4.010)(6)) 
 
17.54.080  Accessory dwelling. 
  Accessory  dwellings, where permitted 
by the zone, shall conform to the following 
standards: 
  A.  No more than one accessory 
dwelling shall be provided on a lot. 
  B.  The accessory dwelling shall 
contain an area of no more than six 
hundred square feet. 
  C.  New dwellings that contain an 
accessory dwelling, or the exterior 
modification of an existing dwelling 
necessary to create an accessory dwelling, 
shall be subject to the design review 
requirements of Chapter 17.44. 
  D.  An accessory dwelling shall be 
provided with one  additional off-street 
parking space in addition to the two off-
street parking spaces required for the 
dwelling. 
  E.  A manufactured dwelling shall not 
be used as an accessory dwelling. 
  F.  An accessory dwelling shall not be 
provided in conjunction with a duplex, 
triplex or multiple-family dwelling. 
  G.  An accessory dwelling shall not be 
permitted on a lot that contains a guest 
house. 
  H.  An accessory dwelling to be 
provided in conjunction with a dwelling 
that is used as a home occupation shall be 
reviewed as a conditional use. 
  I.  A new detached accessory dwelling 
shall comply with the setback requirements 
of the zone in which it is located. The 
provisions of Section 17.54.030(A) are not 
applicable to an accessory dwelling. 
  J.  The property owner shall annual
submit a notarized sworn statement that the 
accessory dwelling has been rented 
exclusively for periods of thirty calendar 
days or more. 
  K.  The accessory dwelling shall remain 
in the same ownership as the primary 
dwelling. The accessory dwelling shall not 
be sold as separate real or personal 
property. (Ord. 95-8 ? 12) 
 
Chapter 17.56 
 
SIGNS 
 
Sections: 
17.56.010  Purpose. 
17.56.020  Conformance. 
17.56.030  Regulations ?Generally.  
17.56.040  Regulations ?Base zone. 
17.56.050  Exemptions. 
17.56.060  Permits. 
17.56.070  Variances. 
17.56.080  Nonconforming signs. 
17.56.090  Abandoned signs or 
signs in disrepair. 
17.56.100  Administration and 
enforcement. 
 
  17.56.010 
  300  (Cannon Beach 10-04) 
17.56.010  Purpose. 
  The purpose of this chapter is to regulate 
such factors as the size, number, location, 
illumination and construction of signs with 
the intent of safeguarding and enhancing 
the aesthetic character of the city. (Ord. 89-
29 ? 2 (part): Ord. 89-3 ? 2 (part); Ord. 86-
16 ? 5 (part): Ord. 79-4 ? 1 (4.040)(1)) 
 
17.56.020  Conformance. 
  No sign may be erected unless it 
conforms with the regulations of this 
chapter. Sign permits, as required by 
Section 17.56.060 must be approved prior 
to the erection of the sign. (Ord. 89-29 ? 2 
(part): Ord. 86-16 ? 5 (part): Ord. 79-4 ? 1 
(4.040)(2)) 
 
17.56.030  Regulations ?Generally. 
  The following general provisions shall 
govern all signs, in addition to all other 
applicable provisions pertaining to signs:
  A.  Sign Face Area. 
  1.  The area of sign faces enclosed in 
frames or cabinets is determined by the 
outer dimensions of the frame or cabinet 
surrounding the sign face (see Figure 1 of 
this chapter). Sign area does not include 
foundations, supports and other essential 
structures which do not serve as a 
backdrop or border to the sign. Only one 
side of a double-faced sign is counted in 
measuring the sign face area. (To be 
considered a double-faced sign, the sides 
of the sign must be flush.) 
  2.  When signs are constructed of 
individual pieces the sign area is 
determined by a perimeter drawn around 
all the individual pieces taken together (see 
Figure 2 of this chapter). 
  3.  For sign structures containing 
multiple sign modules oriented in the same 
direction, the sum of the sign area of the 
individual sign modules are counted as one 
sign face (see Figure 3 of this chapter). 
  4.  The area of a sign shall be 
determined according to the following:
  a.  Rectangle or square: length times 
width. 
  b.  Triangle: length times width divided 
by two. 
  c.  Circle: 3.14 times R squared, where 
R is the sign?s radius. 
  d.  Oval: the area contained within a 
rectangle whose length times width does 
not exceed thirty square feet. 
  e.  The city shall measure other sign 
shapes, not listed above, according to the 
formula it determines to be most 
appropriate. 
  5.  Where a business or use has more 
than one entrance, the business owner shall 
specify which entrance is the business 
frontage for the purpose of calculating sign 
face area. 
  B.  Height of Signs. No freestanding, 
projecting or awning sign, including 
supporting structures, shall be more than 
sixteen feet in height. The overall height of 
a sign or sign-supporting structure is 
measured from the existing grade directly 
below the sign to the highest point of the 
sign or sign-supporting structure (see 
Figure 4 of this chapter). 
  C.  Clearances. Clearances are 
measured from the existing grade directly 
below the sign to the bottom of the sign 
structure enclosing the sign face (see 
Figure 5 of this chapter). 
  17.56.030 
  301  (Cannon Beach 10-04) 
  D.  Corner Signs. Corner signs facing 
more than one street shall be assigned to a 
site frontage by the applicant. The sign 
must meet all provisions for the site 
frontage it is assigned to. 
  E.  Sign Placement. 
  1.  Placement. All signs and sign 
structures shall be erected and attached 
totally within the site except where 
permitted to extend into a street right-of-
way. 
  2.  Frontages. Signs allowed based on 
the length of one site frontage may not be 
placed on another site frontage. 
  3.  Vision Clearance Areas. No sign 
may be located within a vision clearance 
area as defined in Section 17.90.040. 
  4.  Vehicle Area Clearances. When  a 
sign extends over a private area where 
vehicles travel or are parked, the bottom of 
the sign structure shall be at least fourteen 
feet above the ground. Vehicle areas 
include driveways, parking lots and 
loading and maneuvering areas. 
  5.  Pedestrian Area Clearances. When a 
sign extends over sidewalks, walkways or 
other spaces accessible to pedestrians, the 
bottom of the sign structure shall be at least 
eight feet above the grade. An exception is 
provided for a sign that is attached to the 
structural element associated with a 
doorway or entry that is less than eight feet 
above the grade. In this case, the sign shall 
be placed no lower than the lowest point of 
the structural element associated with the 
doorway or entry. 
  6.  Projecting Signs. Signs shall project 
no more than two feet into a public right-
of-way. 
  F.  Sign Lettering. The maximum letter 
height shall be twelve inches. 
  G.  Signs Not to Constitute a Traffic 
Hazard. Signs or sign supporting structures 
shall not be located so as to detract from a 
motori
traffic or a traffic sign. 
  H.  Glare. All signs shall be so designed 
and located so as to prevent the casting of 
glare or direct light from artificial 
illumination upon adjacent publicly-
dedicated streets and surrounding public or 
private property. 
  I.  Prohibited Signs. The following 
signs are prohibited:
  1.  Signs that contain flashing elements; 
  2.  Signs that contain moving, rotating 
or otherwise animated parts; 
  3.  Signs that contain luminescent, 
fluorescent or phosphorescent paints or 
paper. This includes paints referred to as 
day-glo, hot or neon; 
  4.  Signs that contain neon-type 
lighting, including such signs when located 
within a building where that sign is visible 
from the street adjacent to the exterior of 
the building; 
  5.  Signs that are internally lighted; 
  6.  Signs placed so that the sign extends 
above a flat roof or the ridge of a pitched 
roof; 
  7.  In the Cl, C2, RM, MP, OSR, IN 
and PK zones, no devices such as 
pennants,  streamers, spinners, wind socks 
or kites, or similar devices which move as 
a result of air pressure. These devices, 
when not part of a sign, are similarly 
prohibited; 
  8.  A public address system, sound 
system or similar device, either 
  17.56.040 
  302  (Cannon Beach 10-04) 
permanently or temporarily installed 
exterior to a building, whether or not it is 
used to advertise a business or product, 
where the sound is audible from a public 
street or adjacent property; 
  9.  Sandwich board sign;  
  10.  Reader board sign;  
  11.  Bench sign; 
  12. Wall graphics. 
  J.  Materials. 
  1.  A sign subject to a permit shall meet 
the material and construction methods 
requirements of the Uniform Sign Code 
(1985). 
  2.  Signs shall be constructed of wood 
or have a wood exterior, or be painted or 
etched on a window or be part of an 
awning. Signs consisting of other materials 
must be approved by the design review 
board. 
  3.  The supporting structure of a sign 
shall not exceed the sign?s height or width 
by more than two feet. 
  K.  Maintenance. All signs, together 
with their supporting structures, shall be 
kept in good repair and maintenance. Signs 
shall be kept free from corrosion, peeling 
paint or other surface deterioration. The 
display surfaces of all signs shall be kept in 
a neat appearance. 
  L.  Removal of Abandoned Sign. It is 
the responsibility of the property owner to 
remove any abandoned sign within thirty 
days of the cessation of its use. 
  M.  Permanent Signs. Permanent signs 
are not allowed on undeveloped sites. 
  N.  Sculpture. Sculpture that represents 
a business logo shall be considered a sign 
and shall meet  the relevant sign 
requirements for the site on which is 
located. 
  O.  Freestanding signs are subject to 
review by the design review board. The 
review shall be conducted as a nonhearing 
item. (Ord. 97-27 ? 1; Ord. 97-4 ? l; Ord. 
94-20 ? 1; Ord. 94-06 ?? 5?7; Ord. 92-11 
? 52; Ord. 89-29 ? 2 (part): Ord. 89-3 ? 1 
(part); Ord. 86-16 ? 5 (part): Ord. 79-4 ? 1 
(4.040) (4)) 
 
17.56.040  Regulations ?Base zone. 
  A.  Cl, C2 and RM Zone Sign 
Requirements. For all uses and lots in the 
limited commercial (Cl), general 
commercial (C2) and residential motel 
(RM) zones, the following number, sizes 
and types of signs are allowed. All allowed 
signs must also be in conformance with the 
regulations in Chapter 17.56.030. 
  1.  Total sign square footage permitted. 
  a.  The total square  footage of all 
signage associated with a lot shall not 
exceed one square foot of sign face area 
per lineal foot of site frontage. 
  b.  The total square footage of all 
signage associated with a business shall not 
exceed one square foot of sign face area 
per lineal foot of business frontage up to a 
maximum of thirty-six square feet. 
Notwithstanding paragraph (a) above, each 
business is permitted a minimum of twenty 
square feet of sign face area e.g., there are 
five businesses located on a lot with fifty 
feet of site frontage. Paragraph (a) above 
would limit the total sign face area of all 
five businesses to no more than fifty square 
feet. However, this provision ensures that 
each of the five businesses would be 
permitted up to twenty square feet. 
  17.56.040 
  303  (Cannon Beach 10-04) 
  2.  Freestanding Signs. Each lot is 
permitted one freestanding sign per site 
frontage. The maximum sign face for a 
freestanding sign is twenty-four square 
feet. 
  3.  Signs Attached to Buildings. 
  a.  A business or use shall have no 
more than one permanent sign, other than a 
freestanding sign, for each building 
frontage and the sign must be placed on the 
corresponding building frontage, e.g., a 
business with two building frontages 
cannot place both signs on one of the 
building frontages. 
  b.  The maximum sign face area for an 
individual sign shall be no more than 
twenty-four square feet or one square foot 
of sign face area per lineal foot of business 
frontage, whichever is less. 
  4.  Types of Signs. The following types 
of signs are permitted: permanent, 
freestanding, wall, projecting, window, 
awning, temporary, incidental and lawn 
signs. 
  B.  Manufactured Dwellings and RV 
Park (MP), Park Management (PK), 
Institutional (IN) and Open 
Space/Recreation (OSR) Zone Sign 
Requirements. For all uses and lots in the 
manufactured dwelling  and recreational 
vehicle park (MP), park management (PK), 
institutional (IN) and open 
space/recreational (OSR) zones, the 
following number, sizes and types of signs 
are allowed. All allowed signs must also be 
in conformance with the regulations of 
Chapter 17.66. 
  1.  Total Square Footage Permitted. 
The total square footage of all signage 
associated with a lot or business shall not 
exceed thirty-six square feet of sign face 
area. 
  2.  Freestanding Signs. Each site is 
permitted one freestanding sign. The 
maximum sign face area for a freestanding 
sign is twenty-four square feet. 
  3.  Signs Attached to Buildings. 
  a.  A business or use shall have no 
more than one permanent sign, other than a 
freestanding sign, for each building 
frontage and the sign must be placed on the 
corresponding building frontage, e.g., a 
business with two building frontages 
cannot place both signs on one of the 
building frontages. 
  b.  The maximum sign face area of an 
individual sign is no more than twenty-four 
square feet or one square foot of sign face 
per linear foot of business frontage, 
whichever is less. 
  4.  Types of Signs. The following types 
of signs are permitted: permanent, 
freestanding, wall, projecting, window, 
awning, temporary, incidental and lawn 
sign. 
  C.  Residential Very Low Density 
(RVL), Lower Density (RL), Moderate 
Density Residential (RI), Medium Density 
Residential (R2), High Density Residential 
(R3) and Residential
Alternative/Manufactured Dwelling 
(RAM) Zones Sign Requirements. For all 
uses and lots in the residential very low 
density (RVL), lower density (RL), 
moderate density residential (Rl), medium 
density residential (R2), high density 
residential (R3) and residential 
alternative/manufactured dwelling (RAM) 
zones, the following number, sizes and 
types of signs are allowed. All allowed 
  17.56.050 
  304  (Cannon Beach 10-04) 
signs must also be in conformance with the 
regulations of Chapter 17.66. 
  1.  Total Square Footage Permitted. 
The total square footage of signage 
associated with a use or lot shall not 
exceed ten square feet. 
  2.  Types of Signs Permitted. 
  a.  A use or lot shall have no more than 
one incidental sign, with an area of no 
more than two square feet of sign face 
area. 
  b.  A use or lot shall have no more than 
two temporary and/or lawn signs and not 
temporary or lawn sign shall have an area 
of more than four square feet. 
  c.  The following types of signs are 
permitted: incidental, wall, projecting, 
window, temporary, and lawn signs. 
  D.  E and OS Zones Sign Requirements. 
No sign shall be permitted in the estuary 
(E) and open space (OS) zones. (Ord. 92-
11 ? 53; Ord. 90-10 ? 1 (Appx. A ? 34): 
Ord. 89-29 ? 2 (part): Ord. 86-16 ? 5 
(part): Ord. 79-4 ? 1 (4.040)(5)) 
 
17.56.050  Exemptions. 
  The following signs are exempt from the 
provisions of this chapter: 
  A.  Signs, other than neon signs, within 
a building not intended to be visible from 
the exterior of a building; 
  B.  Signs legally erected in a street 
right-of-way; 
  C.  Building numbers required by 
Chapter 15.08; 
  D.  Three flags of national or state 
governments. (Ord. 94-06 ? 8; Ord. 89-29 
? 2 (part): Ord. 86-16 ? 5 (part): Ord. 79-4 
? 1 (4.040)(3)) 
 
17.56.060  Permits. 
  A.  Sign Permits Required. A sign 
permit is required for the erection of any 
new permanent sign with a sign face area 
of four square feet or more or the alteration 
of the structure of an existi
sign in the C-1, C-2, RM, MP, PK, IN or 
OSR zones. 
  B.  Required Information for a Sign 
Permit. For purposes of review by the city, 
a scale drawing of the proposed sign shall 
be submitted. The drawing shall indicate 
the dimensions of the sign, location of the 
sign, any structural elements of the 
proposed sign, the size and dimensions of 
any other sign(s) located on the applicant?s 
building or property, the color of the sign, 
the size and type of the sign?s letters and 
the material of which the sign is to be 
constructed. 
  C.  Sign Permit Fee. The fee for a sign 
permit is twenty-five dollars. (Ord. 89-29 ? 
2 (part): Ord. 86-16 ? 5 (part): Ord. 79-4 ? 
1 (4.040)(6)) 
 
17.56.070  Variances. 
  A.  Variances to the sign requirements 
of this chapter may be approved by the 
planning commission following the 
procedures of Chapter 17.88 where the 
planning commission finds that the 
variance meets the following criteria:
  1.  The variance would permit the 
placement of a sign with an exceptional 
design, style or circumstance; 
  2.  The granting of the variance would 
not be detrimental to abutting properties; 
  3.  The granting of the variance would 
not create a traffic or safety hazard. 
  17.56.080 
  305  (Cannon Beach 10-04) 
  B.  Applications which request a 
variance based on factors listed in 
subsection (A)(1) above shall be referred to 
the design review board for a 
recommendation on whether the applicable 
criterion is met. (Ord. 89-29 ? 2 (part): 
Ord. 86-16 ? 5 (part): Ord. 79-4 ? 1 
(4.040)(7)) 
 
17.56.080  Nonconforming signs. 
  For the purposes of this chapter,  a 
nonconforming sign is defined as a sign 
existing at the effective date of this chapter 
which could not be erected under the terms 
of this chapter. The following requirements 
shall apply to nonconforming signs (the 
requirements of Section 17.82.040 are not 
applicable): 
  A.  Any permanent nonconforming sign 
used by a business or a business complex 
must be brought into conformance with the 
requirements of this chapter prior to any 
expansion or change in use which requires 
design review or a conditional use permit. 
No building permit for new construction 
shall be issued until this provision is 
complied with. 
  B.  No permanent nonconforming sign 
may be enlarged in any way. 
  C.  Should any permanent 
nonconforming sign be damaged by any 
means to an extent of more than fifty 
percent of its replacement costs at the time 
of damage, it shall be reconstructed in 
conformity with the provisions of this 
chapter. 
  D.  Signs other than permanent signs, 
shall come into conformance with the 
requirements of the ordinance codified in 
this chapter, ninety days from the effective 
date of such ordinance. 
  E.  Signs for which a variance has been 
granted by the city are exempt from the 
requirements of subsection A of this 
section. (Ord. 89-29 ? 2 (part): Ord. 86-16 
? 5 (part): Ord. 79-4 ? 1 (4.040)(8)) 
 
17.56.090  Abandoned signs or signs 
in disrepair. 
  The city shall notify the owner of the 
real property where a sign has been 
abandoned or allowed to fall into disrepair, 
and shall require reasonable repair, 
replacement or removal within thi
If compliance does not occur, the city is 
authorized to cause removal or repair of 
such signs, pursuant to Chapter 8.04. 
Expenses incurred in the enforcement of 
this provision shall be paid by the owner of 
the real property from which it was 
removed. (Ord. 90-10 ? 1 (Appx. A ? 35): 
Ord. 89-29 ? 2 (part): Ord. 86-16 ? 5 
(part): Ord. 79-4 ? 1 (4.040)(9)) 
 
17.56.100  Administration and 
enforcement. 
  A.  The city shall provide each business 
license applicant with a current copy of its 
sign requirements. 
  B.  A business license must be obtained 
before any sign for a business may be 
erected. 
  C.  Signs may be transferable if the 
ownership of a business is changed. (Ord. 
92-8 ? 1; Ord. 89-29 ? 2 (part): Ord. 86-16 
? 5 (part): Ord. 79-4 ? 1 (4.040)(10)) 
 
Figures 1 through 5, Chapter 17.56 
  17.56.100 
  306  (Cannon Beach 10-04) 
  17.56.100 
  307  (Cannon Beach 10-04) 
    
  17.56.100 
  308  (Cannon Beach 10-04) 
  17.56.100 
  309  (Cannon Beach 10-04) 
 
  17.60.010 
  310  (Cannon Beach 10-04) 
Chapter 17.60 
 
CLUSTER DEVELOPMENT 
 
Sections: 
17.60.010  Provisions established. 
 
17.60.010  Provisions established. 
  The following provisions have been 
established in regard to cluster 
development:
  A.  In any zone, cluster development 
may be permitted to maintain open space, 
reduce street and utility construction and 
increase attractiveness of development. 
  B.  Cluster development is a 
development technique wherein structures 
or lots are grouped together around access 
courts or cul-de-sacs, or where sizes of lots 
surrounding structures are reduced while 
maintaining the density permitted by the 
comprehensive plan and this title. 
  C.  Clustering may be carried out in the 
context of a subdivision, major or minor 
partition,  planned development, replatting 
of existing lots or other review by the 
planning commission. 
  D.  Single-family attached dwellings 
may be permitted by the planning 
commission so long as the overall density 
of the zone is not exceeded, and with 
consideration of design review board 
recommendations. 
  E.  The planning commission (which 
may use the advice of staff or the design 
review board) may permit reduction in lot 
size, setback or other standards so long as 
the density requirements of the zone are 
maintained. (Ord. 79-4 ? 1 (4.190)) 
 
Chapter 17.62 
 
GRADING, EROSION AND 
SEDIMENTATION CONTROL* 
 
Sections: 
17.62.010  Purpose. 
17.62.020  Definitions. 
17.62.030  Grading and erosion 
control permit. 
17.62.040  Grading standards. 
17.62.050  Erosion and 
sedimentation control 
standards. 
 
*  Prior ordinance history: Ords. 79-4, 86-16, 89-3 and 
94-29. 
 
17.62.010  Purpose. 
  The purpose of this chapter is to: (1) 
minimize hazards associated with grading; 
(2) minimize the erosion of land during 
clearing, excavation, grading, construction 
and post-construction activities; (3) prevent 
the transport of sediment into water 
courses, wetlands, riparian areas, thus 
protecting water quality and fish and 
wildlife habitat; (4) prevent the transport of 
sediment onto adjacent property. (Ord. 98-
5 ? 1 (part)) 
 
17.62.020  Definitions. 
  For the purpose of this chapter, the 
following definitions shall apply:
  ?Clearing? means any activity that 
removes vegetative cover. 
  ?Excavation? means the mechanical 
removal of earth material. 
  ?Fill? means the deposit of earth 
material placed by artificial means. 
  17.62.030 
  311  (Cannon Beach 10-04) 
  ?Grading? means excavation or fill, or 
any combination thereof, including the 
conditions resulting from any excavation 
or fill. 
  ?Regulated activities? means the 
clearing, grading, excavation, or filling of 
land. 
  ?Sedimentation? means the depositing 
of solid material, both mineral and organic, 
that is in suspension, is being transported, 
or has been moved from its site of origin 
by air, water, or gravity. 
  ?Undeveloped site? means a lot with no 
permanent structure such as a dwelling or 
commercial building. (Ord. 98-5 ? 1 (part)) 
 
17.62.030  Grading and erosion 
control permit. 
  A.  Development Permit Required. 
  1.  Persons proposing to clear, grade, 
excavate or fill land (regulated activities) 
shall obtain a development permit as 
prescribed by this chapter unless exempted 
by Section 17.62.040. A development 
permit is required where:
  a.  The proposed clearing, grading, 
filling, or excavation is located within one 
hundred feet of a stream, watercourse or 
wetland; or 
  b.  The proposed clearing, grading, 
filling, or excavation is located more than 
one hundred feet from a stream or 
watercourse or wetland and the affected 
area exceeds two hundred fifty square feet; 
or 
  c.  The proposed volume of excavation, 
fill or any combination of excavation and 
fill exceeds ten cubic yards in a calendar 
year. 
  2.  A development permit for regulated 
activities in conjunction with a structure 
requiring a building permit shall be 
reviewed pursuant to Section 
17.92.010(A), (B) and (C)(1). 
  3.  A development permit for regulated 
activities in conjunction with a subdivision 
or partition shall be reviewed in 
conjunction with construction drawings as 
required by Section 16.04.260. 
  4.  A development permit for regulated 
activities not in conjunction with building 
permit, subdivision, or partition shall be 
reviewed pursuant to Section 
17.92.010(A), (B) and (C)(2). However, 
notice to adjacent property owners, as 
specified by Section 17.92.010(C)(2)(d), is 
not required. 
  B.  Exceptions. The following are 
exempt from the requirements of Section 
17.62.030(A): 
  1.  Residential landscaping and 
gardening activities up to two thousand 
square feet in area; 
  2.  Forest management undertaken 
pursuant to Section 17.80.170; 
  3.  Construction which disturbs five 
acres or more. Such activities are regulated 
by the Oregon Department of 
Environmental Quality through its storm 
water program. 
  C.  Information Required for a 
Development Permit. 
  1.  An application for a development 
permit for regulated activities subject to the 
requirements of this chapter shall include 
the following:
  a.  A site plan, drawn to an appropriate 
scale with sufficient dimensions, showing 
the property line locations, roads, areas 
  17.62.040 
  312  (Cannon Beach 10-04) 
where clearing, grading, excavation or 
filling is to occur, the area where existing 
vegetative cover will be retained, the 
location of any streams or wetland areas on 
or immediately adjacent to the property, 
the general direction of slopes, the location 
of the proposed development, and the 
location of soil stock piles, if any; 
  b.  The type and location of proposed 
erosion and sedimentation control 
measures. 
  2.  The city may require a grading plan 
prepared by a registered civil engineer 
where the disturbed area has an average 
slope of twenty percent or greater, the 
disturbed area is located in a geologic 
hazard area, or is part of a subdivision or 
partition. Such a grading plan shall include 
the following additional information:
  a.  Existing and proposed contours of 
the property, at two-foot contour intervals; 
  b.  Location of existing structures and 
buildings, including those within twenty-
five feet of the development site on 
adjacent property; 
  c.  Design details for proposed 
retaining walls; 
  d.  The direction of drainage flow and 
detailed plans and locations of all surface 
and subsurface drainage devices to be 
constructed. 
  3.  The city may require that the 
sedimentation and erosion control plan be 
prepared by a registered civil engineer 
where the disturbed area is greater than one 
acre in size, or the disturbed area has an 
average slope of twenty percent or greater. 
(Ord. 98-5 ? 1 (part)) 
 
17.62.040  Grading standards. 
  A.  The review and approval of 
development permits involving grading 
shall be based on the conformance of the 
proposed development plans with the 
following standards. Conditions of 
approval may be imposed to assure that the 
development plan meets the appropriate 
standards. 
  1.  Cuts. 
  a.  Designs shall minimize the need for 
cuts; 
  b.  The slope of cut surfaces shall not 
be steeper than is safe for the intended use 
and shall not be steeper than two horizontal 
to one vertical unless an engineering report 
finds that a cut at a steeper slope will be 
stable and not create a hazard to public or 
private property; 
  c.  Cuts shall not remove the toe of any 
slope where a potential land slide exists; 
  d.  Cuts shall be set back from property 
lines so as not to endanger or disturb 
adjoining property; 
  e.  Retaining walls shall be constructed 
in accordance with Section 2308(b) of the 
Oregon State Structural Specialty Code. 
  2.  Fills. 
  a.  Designs shall minimize the need for 
fills; 
  b.  The slope of fill surfaces shall not 
be steeper than is safe for the intended use 
and shall not be steeper than two horizontal 
to one vertical unless an engineering report 
finds that a steeper slope will be stable and 
not create a hazard to public or private 
property. Fill slopes shall not be 
constructed on natural slopes steeper than 
two horizontal to one vertical; 
  17.62.050 
  313  (Cannon Beach 10-04) 
  c.  Fills shall be set back from property 
lines so as not to endanger or disturb 
adjoini  
  d.  The ground surface shall be 
prepared to receive fill by removing 
vegetation, noncomplying fill, topsoil and 
other unsuitable materials, and scarifying 
to provide a bond with the new fill; 
  e.  Any structural fill shall be designed 
by a registered engineer, in accordance 
with standard engineering practices. 
  3.  Drainage. 
  a.  Proposed grading shall not alter 
drainage patterns so that additional storm 
water is directed onto adjoining property; 
  b.  All cut and fill slopes shall be 
provided with  subsurface drainage as 
necessary for stability. (Ord. 98-5 ? 1 
(part)) 
 
17.62.050  Erosion and sedimentation 
control standards. 
  A.  The review and approval of 
development permits for regulated 
activities subject to this chapter shall be 
based on the conformance of the 
development plans with the standards of 
this section. Conditions of approval may be 
imposed to assure that the development 
plan meets the appropriate standards. The 
city may require modifications to the 
erosion and sedimentation control plan at 
any time if the plan is ineffective in 
preventing the discharge of significant 
amounts of sediment onto surface waters, 
wetlands, or adjacent property. 
  B.  The design standards and 
specifications contained in ?Soil Erosion 
Guidance? prepared by the Columbia River 
Estuary Study Taskforce (CREST), are 
incorporated into this chapter and are made 
a part hereof by reference for the purpose 
of delineating procedures and methods of 
operation for erosion and sedimentation 
control measures. 
  C.  Standards. 
  1.  Natural vegetation should be 
retained and protected wherever possible. 
  2.  Stream and wetland areas shall only 
be disturbed in conformance with the 
requirements of Chapter 17.43 Wetland 
Overlay Zone and Chapter 17.71 Stream 
Corridor Protection. 
  3.  In dune areas, erosion and 
sedimentation control measures shall also 
meet the requirements of Section 
17.52.020, wind erosion prevention plan. 
  4.  Sedimentation barriers, such as filter 
fences and straw bales, shall be placed to 
control sedimentation from entering 
streams, wetlands, or adjoining property. 
The sedimentation barriers shall be 
installed prior to site clearance or grading 
activities. 
  5.  Critical areas, as determined by the 
building official, cleared of vegetation may 
be required to be temporarily stabilized 
with mulch, sod, mat or blanket in 
combination with seeding, or equivalent 
nonvegetative materials such as mat or 
blanket if in the opinion of the building 
official such an area represents an erosion 
hazard. Prior to the completion of 
construction, such slopes shall be 
permanently stabilized by seeding. 
  6.  Storm water inlets and culverts shall 
be protected by sediment traps or filter 
barriers. 
  7.  Soil storage piles or fill shall be 
located so as to minimize the potential for 
  17.64.010 
  314  (Cannon Beach 10-04) 
sedimentation of streams, wetlands or 
adjacent property. Where, in the opinion of 
the building official, a soil storage area or 
fill has the potential for causing 
sedimentation of streams, wetlands or 
adjoining property, the building official 
may require temporary stabilization 
measures. 
  8.  Temporary sedimentation control, 
not in conjunction with a structure, may be 
required. 
  9.  Erosion and sedimentation control 
measures shall be maintained during the 
period of land disturbance and site 
development in a manner that ensures 
adequate performance. 
  10. The city may require a graveled 
entrance road, or equivalent, of sufficient 
length, depth and width to prevent 
sedimentation from being tracked onto 
streets. 
  11. Trapped sediment and other 
disturbed soils resulting from sediment 
control  
permanently stabilized to prevent further 
erosion and sedimentation. 
  12. Measurable amounts of sediment 
that leave the site shall be cleaned up and 
placed back on the site or properly 
disposed of. 
  13. All temporary erosion and 
sedimentation control measures shall 
remain in place until the disturbed area is 
stabilized with permanent vegetation. 
  14. Under no conditions shall sediment 
from the construction site be washed into 
storm sewers, drainage ways or streams. 
  15. A ground cover will be established 
on exposed soils as soon as possible after 
finish grading or construction is complete. 
  16. No more than ten cubic yards of fill 
shall be placed on an undeveloped site 
within a calendar year. 
  17. The city may make periodic 
inspections to ascertain that erosion and 
sediment control measures as proposed 
have been implemented and are being 
effectively maintained. (Ord. 98-5 ? 1 
(part)) 
 
Chapter 17.64 
 
SETBACK REDUCTION 
 
Sections: 
17.64.010  Provisions established. 
 
17.64.010  Provisi  
  Reduction of setback requirements 
without variance procedure but following 
the procedures required by Chapter 17.88 
of this code may be approved by the 
planning commission where the following 
criteria are met: 
  A.  Total building coverage  shall not 
exceed forty percent; 
  B.  Significant views of the ocean, 
mountains or similar features from nearby 
properties will not be obstructed any more 
than would occur if the proposed structure 
were located as required by the zoning 
district; 
  C.  The proposed building location will 
not interfere with solar access of buildings 
on adjoining property; 
  D.  It is the purpose of setbacks to 
provide for a reasonable amount of 
privacy, drainage, light, air, noise 
reduction and fire safety between adjacent 
structures. Setback reduction permits may 
  17.66.010 
  315  (Cannon Beach 10-04) 
be granted where the planning commission 
finds that the above purposes are 
maintained, and one or more of the 
following are achieved by the reduction in 
setbacks: 
  1.  Tree protection, 
  2.  The protection of a neighboring 
property?s views of the ocean, mountains 
or similar natural features, 
  3.  The maintenance of a stream 
corridor or avoidance of geologic hazards 
or other difficult topography,
  4.  The provision of solar access,
  5.  Permitting construction on a lot with 
unusual configuration, 
  6.  Rehabilitation of existing buildings 
where other alternatives do not exist, or 
  7.  Protection of a wetland or wetland 
buffer area; 
  E.  Adjacent rights-of-way have 
sufficient width for utility placement or 
other public purposes; 
  F.  The reduction would not create 
traffic hazards or impinge upon a public 
walkway or trail; 
  G.  All standards of the State of Oregon, 
1990 Edition, Structural Specialty Code 
and State of Oregon, 1990 Edition, One 
and Two Family Dwelling Code are met; 
  H.  Any encroachment into the setback 
will not substantially reduce the amount of 
privacy which is or would be enjoyed by 
an abutting property; 
  I.  The proposed building location will 
not interfere with the ability to provide fire 
protection to the building or adjacent 
buildings. (Ord. 94-29 ? 4; Ord. 93-12 ? 1; 
Ord. 92-21 ? 1; Ord. 92-11 ? 66; Ord. 90-
10 ? 1 (Appx. A ? 39); Ord. 89-28 ? 4; 
Ord. 89-3 ? 1 (part): Ord. 85-3 ? 2: Ord. 
79-4 ? 1(4.300)) 
 
Chapter 17.66 
 
BUFFERING AND SCREENING 
REQUIREMENTS 
 
Sections: 
17.66.010  Purpose. 
17.66.020  Size of buffer. 
17.66.030  Type of screening. 
 
17.66.010  Purpose. 
  The purpose of the buffering and 
screening requirements is to reduce the 
impacts of a proposed use on sites of thirty 
thousand square feet or greater on adjacent 
zones which provide for different types of 
uses. (Ord. 92-11 ? 67 (1): Ord. 79-4 ? 1 
(4.400)(1)) 
 
17.66.020  Size of buffer. 
  A.  A twenty-foot buffer, measured 
horizontally from the property line, shall 
be required between land uses and specific 
zones as follows: 
  1.  Commercial uses, except motels, 
when they abut an RVL, RL, R1, R2, R3, 
RM, RAM, MP, OSR or IN zone;
  2.  Motels when they abut an RVL, RL, 
R1, R2, R3, RAM or IN zone;
  3.  Multifamily structures containing 
three or more units when they abut an 
RVL, RL, R1, R2, RAM or OSR zone;
  4.  Manufactured dwelling subdivision 
or manufactured dwelling park when it 
abuts an RVL, RL, Rl, R2, R3, RM or IN 
zone; 
  17.66.030 
  316  (Cannon Beach 10-04) 
  5.  Governmental uses and structures 
when they abut an RVL, RL, R1, R2, R3 or 
RAM zone. 
  B.  The buffer area may only be 
occupied by screening, utilities and 
landscaping materials. (Ord. 92-11 ? 67 
(2): Ord. 90-10 ? 1 (Appx. A ? 38): Ord. 
79-4 ? 1 (4.400)(2)) 
 
17.66.030  Type of screening. 
  A.  The screening in the buffer area 
shall consist of at least one row of 
deciduous or evergreen trees or a mixture 
of each, not less than eight feet high at the 
time of planting and spaced not more than 
fifteen feet apart, and at least one row of 
evergreen shrubs spaced not more than two 
and one-half feet apart, which will grow to 
form a continuous hedge at least five feet 
in height within three years of planting, 
with lawns, low-growing evergreen shrubs 
or evergreen ground cover covering the 
balance of the buffer. 
  B.  The design review board may 
reduce or waive the buffering requirement 
where it finds that due to topography, 
existing vegetation or other site 
characteristics a reduced buffer area will 
achieve the purpose of the visual and 
physical separation of uses that is the intent 
of the buffer requirement. Proposals for a 
reduction in the depth of the buffer area 
shall include a detailed plan and 
specifications for the proposed landscaping 
and screening. (Ord. 92-11 ? 67 (3): Ord. 
79-4 ? 1 (4.400)(3)) 
 
Chapter 17.68 
 
MANUFACTURED DWELLING 
STANDARDS 
 
Sections: 
17.68.010  Required standards in 
the MP zone. 
17.68.020  Required standards in 
zones other than the MP 
zone. 
 
17.68.010  Required standards in the
  MP zone. 
  A manufactured dwelling sited in the 
MP zone shall comply with the following 
standards: 
  A.  The manufactured dwelling shall be 
certified by the manufacturer to have an 
exterior thermal envelope meeting 
performance standards which reduce heat 
loss to levels equivalent to the performance 
standards required of single-family 
dwellings constructed under the State 
Building Code, as defined in ORS 455.010. 
  B.  A single-wide manufactured 
dwelling shall be tied down with devices 
that meet state standards for tie-down 
devices. 
  C.  The manufactured dwelling shall 
have continuous skirting. 
  D.  Except for a structure which 
conforms to  the state definitions of a 
manufactured housing accessory structure, 
no extension shall be attached to a 
manufactured dwelling. 
  E.  A storage building of at least fifty 
square feet shall be provided, unless a 
similar amount of space is provided in a 
common storage facility. The building 
  17.68.020 
  317  (Cannon Beach 10-04) 
shall be completed within thirty days of 
placement of the manufactured dwelling. 
  F.  No roof shall be constructed over a 
manufactured dwelling independent of the 
structure. Cabanas or awnings are 
permissible when they meet state 
standards. (Ord. 94-5 ? 9: Ord. 90-10 ? 1 
(Appx. A ? 40): Ord. 89-3 ? 1 (part); Ord. 
79-4 ? 1 (4.500)) 
 
17.68.020  Required standards in 
zones other than the MP 
zone. 
  A manufactured home sited in a zone 
other than the MP zone shall comply with 
the following standards: 
  A.  The manufactured home shall be 
multisectional and shall enclose a gross 
floor area of not less than one thousand 
square feet. 
  B.  The manufactured home shall be 
placed on an excavated and back-filled 
foundation and enclosed at the perimeter. 
  C.  The manufactured home shall have 
a roof pitch of a minimum of three feet in 
height for each twelve feet in width. 
  D.  The manufactured home shall have 
exterior siding that consists of wood, wood 
composite material or vinyl. 
  E.  The manufactured home shall have 
a roof constructed of the one of the 
following materials: composition, tile or 
shakes. 
  F.  The manufactured home shall be 
certified by the manufacturer to have an 
exterior thermal envelope meeting 
performance standards which reduce heat 
loss to levels equivalent to the performance 
standards required of single-family 
dwellings constructed under the State 
Building Code, as defined in ORS 455.010. 
  G.  The manufactured home shall have 
a garage or carport which is constructed of 
materials similar to the manufactured 
home. 
  H.  The manufactured home shall 
incorporate architectural design elements 
as specified by Section 17.90.065. (Ord. 
94-33 ? 1; Ord. 94-5 ? 10) 
 
Chapter 17.70 
 
TREE REMOVAL 
 
Sections: 
17.70.010  Purpose. 
17.70.015  Tree removal without a 
permit prohibited. 
17.70.020  Permit issuance?
Criteria. 
17.70.030  Additional 
requirements. 
 
17.70.010  Purpose. 
  A.  The purpose of this chapter is to 
establish protective regulations for trees 
within the city in order to better control 
problems of soil erosion, landslide, air 
pollution, noise, wind and destruction of 
scenic values and wildlife habitat, as well 
as the protection of trees as a natural 
resource which establishes the wooded 
character of the city. 
  B.  The intent is not to prohibit the 
removal of trees completely, or to require 
extraordinary measures to build structures; 
rather the intent is to stop the wanton and 
oftentimes thoughtless destruction of that 
vegetation which has a beneficial effect on 
  17.70.015 
  318  (Cannon Beach 10-04) 
the value of property, and on the city in 
general. (Ord. 96-18 ? l(part): Ord. 79-4 ? 
1 (4.600) (1)) 
 
17.70.015  Tree removal without a 
permit prohibited. 
  A.  No person shall remove a tree (tree 
removal) without first obtaining a permit 
from the city pursuant to this chapter, 
unless the tree removal  is exempted by 
provisions of this chapter. Application for 
a tree removal permit shall be made on 
forms prescribed by the city. 
  B.  For the purposes of the chapter, a 
?tree? is defined as any woody plant 
having at least one well-defined stem at 
least six i
height of four and one-half feet above the 
natural grade. All tree measures specified 
in this chapter shall be measured at a 
height of four and one-half feet above the 
natural grade. (Ord. 96-18 ? 1 (part)) 
 
17.70.020  Permit issuance?Criteria. 
  The city shall issue a tree removal 
permit if the applicant demonstrates that 
one of the following criteria is met:
  A.  The necessity to remove a tree 
which poses a safety hazard. The applicant 
must demonstrate that the condition or 
location of the tree presents a clear public 
safety hazard or a foreseeable danger of 
property damage to an existing structure 
and such hazard or danger cannot 
reasonably be alleviated by pruning or 
treatment of the tree. 
  Where an applicant identifies a safety 
hazard as the reason for tree removal, the 
city will conduct its evaluation in 
accordance with International Society of 
Arboriculture (ISA) standards. 
  B.  The necessity to remove a tree 
damaged by storm, fire, or other injury and 
which cannot be saved by pruning. 
  C.  The necessity to remove a dying 
tree. A ?dying tree? means that the tree is 
diseased, infested with insects or rotting 
and cannot be saved by reasonable 
treatment or pruning, or must be removed 
to prevent spread of the infestation of 
disease to other trees. 
  D.  The necessity to remove a tree(s) in 
order to construct a structure or 
development approved or allowed pursuant 
to the Cannon Beach Municipal Code, 
including required vehicular and utility 
access. 
  E.  The necessity to remove a tree 
where required to provide solar access to a 
solar energy system where pruning will not 
provide adequate solar access to permit 
effective operations of the solar energy 
system. For the purposes of this subsection 
?solar energy system? means either: (i) a 
device employed in the collection of solar 
radiation for the purpose of heating or 
cooling a building, the heating of water, or 
the generation of electricity; or (ii) the 
south facing windows of a dwelling where 
such windows constitute fifty percent or 
more of the building?s total window area; 
or (iii) the roof of a dwelling which has 
been designed for the collection of solar 
energy for space heating purposes. 
  1.  The city may require documentation 
that a device qualifies for an Oregon 
Department of Energy solar tax credit, or 
other incentive for the installation of solar 
devices offered by a utility. 
  17.70.030 
  319  (Cannon Beach 10-04) 
  2.  No tree measuring more than 
twenty-four inches in diameter shall be 
removed for the purpose of obtaining solar 
access. 
  F.  The need to remove a tree for the 
health and vigor of the surrounding trees. 
  G.  The tree is to be removed for 
landscape purposes subject to the 
following conditions:
  1.  The tree(s) to be removed under this 
criterion cannot exceed ten inches in 
diameter; 
  2.  A landscape plan for the area 
affected by the tree removal is approved by 
the city; 
  3.  The landscape plan incorporates a 
replacement tree(s) for trees to be 
removed. The replacement tree shall be at 
least six feet in height or have a two-inch 
caliper; and 
  4.  The city shall review the p
one year after the approval of the tree 
removal permit. The purpose of the review 
is to ensure that the approved landscape 
plan has been implemented. (Ord. 98-22 ? 
1; Ord. 96-18 ? 1 (part): Ord. 90-10 ? 1 
(Appx. A ? 41); Ord. 79-4 ? 1 (4.600) (2)) 
 
17.70.030  Additional requirements. 
  A.  For actions which require the 
issuance of a building permit, tree removal 
shall occur only after a building permit has 
been issued for the structure requiring the 
removal of the tree(s). 
  B.  Dead trees may be cut at  the 
owner?s discretion without a permit. 
?Dead? means that the tree is lifeless or 
less than ten percent of the crown is alive.
  C.  The retention of trees shall be 
considered in the design of partitions, 
subdivisions or planned developments; 
placement of roads and utilities shall 
preserve trees wherever possible. The need 
to remove trees shall be considered in the 
review process for partitions, subdivisions 
or planned developments. 
  D.  The preservation of trees shall 
provide a basis for consideration of a 
setback reduction or variance. 
  E.  If the condition of a tree presents an 
immediate danger of collapse and if such 
potential collapse represents a clear and 
present hazard to persons or property, a 
tree removal permit is not required prior to 
tree removal. However, within seven days 
after the tree removal, the tree owner shall 
make application for an after-the-fact 
permit. For the purposes of this subsection, 
?immediate danger of collapse? means that 
the tree is already leaning, with the 
surrounding soil heaving and there is a 
significant likelihood that the tree will 
topple or otherwise fail and cause damage 
before a tree removal permit can be 
obtained. ?Immediate danger of collapse? 
does not include hazardous conditions that 
can be alleviated by pruning or treatment. 
Where a safety hazard exists, as defined by 
this subsection, the city may require its 
removal. If the tree has not been removed 
after forty-eight hours, the city may 
remove the tree and charge the costs to the 
owner. 
  F.  The city may require the replanting 
of trees to replace those being removed. 
Tree replanting shall be in conformance 
with the city?s tree replacement policy. 
  G.  Decisions on the issuance of a tree 
removal permit may be appealed to the 
  17.70.030 
  320  (Cannon Beach 10-04) 
planning commission in accordance with 
Section 17.88.140(A). 
  H.  For tree removal requests of trees 
located in a street right-of-way, property 
owners within one hundred feet of the 
tree(s) requested for removal shall be 
notified of the proposed action. In making 
its decision on such a tree removal request, 
the city shall consider property owner 
comments received within ten days of the 
date of the mailing of the property owner 
notification. To be considered, property 
owner comments must address the tree 
removal criteria of Section 17.70.020. 
Property owners who have commented on 
the tree removal request shall be notified of 
the city?s decision and may appeal that 
decision in accordance with Section 
17.70.030(G). 
  I.  Tree pruning does not require a 
permit. However, the following trees shall 
be pruned in conformance with 
International Society of Arboriculture 
(ISA) standards (1995): 
  1.  Trees more than thirty feet in height;  
  2.  Trees more than thirty inches in 
diameter; 
  3.  South of Ecola Creek, trees located 
west of Hemlock Street; and 
  4.  North of Ecola Creek, trees located 
west of Laurel Street. 
  J.  Tree topping is prohibited except for 
where: (1) trees have been severely 
damaged in a storm; and (2) required for 
utility line maintenance when other 
pruning practices are impractical. ?Tree 
topping? is d
back of limbs to stubs within the tree?s 
crown to such a degree so as to remove the 
normal canopy and disfigure the tree. 
  K.  A monthly report on tree removal 
permit actions shall be made to the 
planning commission. 
  L.  If a tree is removed without a tree 
removal permit, a violation may be 
determined by measuring the stump at the 
surface of the cut. A stump that is twenty-
two inches or more in circumference or 
seven inches or more in diameter shall be 
considered prima facie evidence of a 
violation of this chapter. Proof of violation 
of this chapter shall be deemed prima facie 
evidence that such violation is that of the 
owner of the property upon which the 
violation is committed. 
  M.  Penalties. 
  1.  Notwithstanding any other 
provisions of the code, any party found to 
be in violation of this chapter shall be 
subject to a civil penalty of five hundred 
dollars and the payment of an additional 
civil penalty representing the value of any 
unlawfully removed or damaged tree, as 
determined  by an appraisal using the 
International Society of Arboriculture?s 
(ISA) Guide for Plant Appraisal, Eighth 
Edition, 1992. The unlawful removal of 
each individual tree shall be a separate 
offense. 
  2.  A builder, developer, tree service, or 
any other person  holding a city business 
license who is convicted of violating any 
provision of this chapter is also subject to a 
proceeding to consider revocation of their 
business license, pursuant to Section 
5.04.170. (Ord. 98-22 ?? 2, 3; Ord. 97-30 ? 
1; Ord. 96-18 ? 1 (part): Ord. 90-10 ? 1 
(Appx. A ? 42); Ord. 89-3 ? 1 (part); Ord. 
79-4 ? 1 (4.600) (3)) 
 
  17.71.010 
  321  (Cannon Beach 10-04) 
Chapter 17.71 
 
STREAM CORRIDOR PROTECTION 
 
Sections: 
17.71.010  Purpose. 
17.71.020  Applicability. 
17.71.030  Stream buffers?
Established. 
17.71.040  Uses and activities 
permitted. 
17.71.050  Uses and activities 
prohibited. 
17.71.060  Standards. 
17.71.070  Stream buffer 
reduction?
Consideration of. 
 
17.71.010  Purpose. 
  The purpose of this chapter is to 
establish regulations which will preserve, 
to the maximum extent possible, the city?s 
streams in their natural state. (Ord. 94-30 ? 
2 (part)) 
 
17.71.020  Applicability. 
  The regulations of this chapter shall 
apply to the following streams identified in 
the Cannon Beach wetland study: Sites 1, 
2, 3, 4, 5, 6, 7, 12, 14, 15, 17, 18, 21, 22, 
23, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 
35, 37, 39, 40, 41, 43, 44, 45, 46, 47, 48, 
49, 50, 51 and 52. When a stream not 
inventoried in the Cannon Beach wetland 
study is identified, it shall become subject 
to the requirements of this chapter only 
after an inventory and analysis meeting the 
appropriate requirements of either Goal 5 
or Goal 17 has been completed and 
adopted as an amendment to the 
comprehensive plan background report, 
and the adoption of an ordinance adding 
the stream to the list of streams subject to 
stream corridor protection regulations. 
(Ord. 97-23 ? 1: Ord. 95-15 ? 1: Ord. 94-
30 ? 2 (part)) 
 
17.71.030  Stream buffers?
Established. 
  A ten-foot buffer is established on both 
sides of the streams listed in Section 
17.71.020, except that a fifteen-foot buffer 
on both sides of the stream is established 
for Site 17, which comprises portions of 
Logan Creek. The buffer shall be measured 
from the bank of the stream. (Ord. 94-30 ? 
2 (part)) 
 
17.71.040  Uses and activities 
permitted. 
  The following uses and activities may 
be permitted in the stream buffers 
established by Section 17.71.030, subject 
to the issuance of a development permit in 
accordance with Section 17.92.010, and 
subject to the applicable standards of 
Section 17.71.060. 
  A.  Transportation structures including 
bridges, bridge crossing support structures, 
culverts and roads; 
  B.  Underground or aboveground 
utilities; 
  C.  Vegetation management; 
  D.  Bank stabilization; 
  E.  Maintenance and improvement of 
the stream corridor for storm drainage 
purposes; 
  F.  Stormwater discharge. (Ord. 94-30 ? 
2 (part)) 
 
  17.71.050 
  322  (Cannon Beach 10-04) 
17.71.050  Uses and activities 
prohibited. 
  The following uses and activities are 
specifically prohibited in the established 
stream buffers: 
  A.  Excavation solely for the purpose of 
removal of gravel, aggregate, sand or other 
inorganic or organic materials. (Ord. 94-30 
? 2 (part)) 
 
17.71.060  Standards. 
  The following standards are applicable 
to the uses and activities listed in Section 
17.71.040. 
  A.  General Standards. Uses and 
activities in the stream buffer are subject to 
the following general standards. Uses and 
activities may also be subject to specific 
standards in subsequent subsections. 
  1.  Uses and activities in the stream 
buffer may be approved only after the 
following list of alternative actions, listed 
from highest to lowest priority, have been 
considered:
  a.  Avoiding the impact altogether by 
not taking a certain action or parts of an 
action (this would include, for example, 
having the use or activity occur entirely 
outside the stream buffer); or 
  b.  Minimizing impacts by limiting the 
degree or magnitude of an action and its 
implementation (this would include, for 
example, reducing the size of the structure 
or improvement so that the stream buffer is 
not impacted). 
  2.  Valid permits from the US Army 
Corps of Engineers and from the Oregon 
Division of State Lands, or written proof of 
exemption from these permit programs, 
must be obtained before any of the 
following activities occur in stream 
buffers: 
  a.  Placement of fill; 
  b.  Construction of any pile-support 
structure:
  c.  Excavation. 
  3.  An erosion control plan which 
identifies the specific measures to be 
implemented during and after construction 
to protect the stream and adjacent upland 
areas from erosion, siltation and the effects 
of deleterious construction materials. 
  B.  Transportation structures, including 
roads, bridges, bridge crossing support 
structures and culverts, may be permitted 
subject to the following standards:
  1.  Streams shall be crossed only where 
there are no practicable alternatives and no 
fill is placed between the tops of the stream 
banks. 
  2.  Roads shall be constructed outside 
of the stream corridor except for required 
stream crossings. 
  3.  Bridges shall be used for all stream 
crossings except where it can be 
demonstrated that the installation of a 
bridge is physically impossible. 
  4.  Bridge crossings shall be designed 
to pass stream flow without causing 
additional upstream flooding. 
  5.  Bridge crossings shall be no wider 
than necessary to serve their intended 
purpose. 
  6.  Bridge crossing support structures 
shall not be located in the stream. Where 
adjacent upland consists of a wetland, 
applicable standards of Chapter 17.43 shall 
be complied with. 
  7.  Excavation for footings, piers and 
abutments shall be isolated from the wetted 
  17.71.060 
  323  (Cannon Beach 10-04) 
perimeter of the waterway by a dike, 
cofferdam or other structure. 
  8.  All debris, overburden and other 
construction materials shall be placed on 
adjacent nonwetland areas in a manner 
which prevents erosion into the stream. 
  C.  Utilities. Crossing, trenching or 
boring for the purpose of developing a 
utility corridor for electric power lines, 
telephone lines, cable television lines, 
water lines, wastewater collection lines, 
and natural gas lines may be permitted 
subject to the following standards: 
  1.  Utility corridor routes shall be 
selected to minimize hydraulic impacts on 
the stream and to minimize vegetation 
removal. 
  2.  Common trenches, to the extent 
allowed by the building code, are required 
in order to minimize disturbance of the 
stream corridor. 
  3.  Boring under the waterway, 
directional drilling, or aerial crossings are 
preferable to trenching. If trenching is the 
only alternative, it shall be conducted in a 
dry or dewatered area with stream flow 
diverted around the construction area to 
prevent turbidity. 
  4.  Boring or drilling pits shall be 
isolated from the flowing waterway. 
  5.  Conduits and pipelines placed under 
waterways shall be well below the 
potential scour level of the stream bottom. 
  6.  Materials from trenching, boring or 
drilling shall be deposited away from the 
streambank and either returned to the 
trench as back-fill within a reasonable 
period of time, or, if other material is to be 
used to back-fill in the trench, excess 
material shall be immediately removed 
from the stream buffer. 
  7.  Topsoil and sod shall be conserved 
during construction and replaced. 
  8.  For Logan Creek, construction shall 
be conducted during times approved by the 
Oregon Department of Fish and Wildlife. 
  9.  Where feasible, construction should 
occur between June and October. 
Construction at other times of the year 
shall utilize more rigorous erosion control 
methods. 
  D.  Vegetation Management. 
Vegetation in the stream buffer shall be 
managed (including planting, mowing, 
pruning and removal) subject to the 
following standards: 
  1.  Tree removal meeting the criteria of 
subsections A and B of Section 17.70.020; 
  2.  Removal of vegetation, except trees 
covered by Chapter 17.70, pruning of 
vegetation, or mowing of vegetation 
where:
  a.  Necessary for the placement of a use 
provided for in Section 17.71.040, or 
  b.  Necessary for the maintenance of an 
existing structure, road or pathway, or 
  c.  Necessary for the maintenance of 
the stream?s water carrying capacity, or 
  d.  Necessary for the placement of a 
pedestrian pathway to the stream, or 
  e.  Necessary for the removal of 
blackberry vines, scotch broom, or other 
noxious vegetation provided that such 
vegetation is replaced with more suitable 
vegetation, or 
  f.  Part of an approved restoration, 
enhancement, or compensatory mitigation 
plan, or 
  17.71.060 
  324  (Cannon Beach 10-04) 
  g.  It involves the maintenance of an 
existing landscaped area, or 
  h.  It is part of a landscape plan, that 
minimizes adverse impacts on the stream 
buffer, approved by the city; 
  Vegetation removal, pruning or mowing 
permitted under subsections E2a through h 
shall be the minimum necessary and in no 
case shall it impair any wetland functions 
and values associated with the stream; 
  3.  Planting new vegetation is permitted 
where:
  a.  The planting is part of a landscape 
plan approved by the city, or 
  b.  The planting is intended to replace 
dead or damaged plants that were either 
part of an existing maintained landscaped 
area or part of the existing native plant 
community, or 
  c.  The planting is part of an approved 
restoration, enhancement or mitigation 
plan; 
  4.  Vegetation management practices 
will be employed that minimize short-term 
and long-term adverse impacts on the 
stream. Impacts to be avoided or 
minimized include turbidity, erosion, 
sedimentation, contamination with 
chemicals, or substantial alteration of any 
wetland plant communities. The following 
are not permitted: 
  alteration of wetland hydrology and the 
use of herbicides. 
  E.  Structural bank stabilization may be 
permitted subject to the following 
standards: 
  1.  The priorities for bank s
for erosion control, from highest to lowest, 
are: 
  a.  Proper maintenance of existing 
riparian vegetation; 
  b.  Planting of riparian vegetation; 
  c.  Structural stabilization. 
  Where structural bank stabilization, such 
as rip-rap, is proposed, evidence shall be 
provided that a higher priority method of 
erosion control will not work. 
  2.  Placement of structural bank 
stabilization material shall be permitted 
only if:
  a.  There is a critical need to protect a 
structure from an erosion hazard; 
  b.  Impacts on adjacent downstream 
property are minimized; 
  c.  Visual impacts are minimized; and 
  d.  Riparian vegetation is preserved as 
much as possible. 
  3.  All structural bank stabilization 
shall be covered with fill material and 
vegetated with appropriate plant material. 
  F.  Maintenance and improvement of 
the stream corridor for storm drainage 
purposes may be permitted subject to the 
following standards: 
  1.  A stream shall not be culverted 
except where necessary to protect an 
adjacent structure from flooding hazards 
and where it is demonstrated that there are 
no other alternatives; or where the public 
works director determines that the 
placement of the culvert is necessary to 
implement the city?s storm drainage plan. 
  2.  Realignment of an existing stream 
course may be permitted where the existing 
stream alignment poses a hazard in terms 
of: inadequate capacity and a stream 
realignment is determined to be the optimal 
solution; existing erosion of slopes or 
banks pose a hazard to public safety or 
  17.71.070 
  325  (Cannon Beach 10-04) 
property; or the existing alignment results 
in excessive sedimentation of the 
downstream channel or drainage system. 
  3.  Stream damming may be permitted: 
where the damming presents a water 
quality or wetland benefit without 
adversely impacting upstream flood 
elevations or  instream flow benefits 
downstream; or as a temporary measure as 
part of an overall erosion control plan 
during construction. Within the urban 
growth boundary, but outside the city 
limits, stream damming may also be 
permitted for the creation of a water source 
where approved by the Department of 
Water Resources. 
  G.  Stormwater discharge may be 
permitted subject to the following 
standards: 
  1.  The method and location of a point
source stormwater discharge shall be 
approved by the public works director. The 
discharge point will be sited to minimize 
impacts on the stream corridor. 
  2.  Stormwater runoff should be 
directed toward the same drainage system 
that would have handled the runoff under 
natural conditions. 
  3.  Uses, such as large parking lots, that 
could potentially contaminate runoff must 
include measures to treat runoff before 
discharging it into a stream. (Ord. 94-30 ? 
2 (part)) 
 
17.71.070  Stream buffer reduction?
Consideration of. 
  A reduction in the width of the stream 
buffer established by Section 17.71.030 
may be considered in accordance with the 
requirements of Chapter 17.64, setback 
reduction. If a setback reduction is granted, 
the portion of the structure to be located in 
the stream buffer is to be constructed in a 
manner that does not require fill. (Ord. 
9430 ? 2 (part)) 
 
Chapter 17.72 
 
HISTORIC SITE PROTECTION 
 
Sections: 
17.72.010  Review of construction 
or development. 
 
17.72.010  Review of construction or 
development. 
  The planning commission shall review 
all construction or development within two 
hundred feet of the following designated 
historic site to insure that such 
development is compatible with its historic 
character: Les Shirley Park ? Lewis and 
Clark Historic Site. (Ord. 86-10 ? 8: Ord. 
79-4 ? 1 (4.605)) 
 
Chapter 17.74 
 
BED AND BREAKFAST 
ESTABLISHMENTS 
 
Sections: 
17.74.010  Required standards. 
 
17.74.010  Required standards. 
  Bed and breakfast establishments shall 
conform to the following standards:
  A.  The number of guest bedrooms shall 
be limited to two; 
  B.  The dwelling must be owner 
occupied; 
  17.75.010 
  326  (Cannon Beach 10-04) 
  C.  In addition to required parking for 
the residents, one off-street parking space 
for each bed and breakfast bedroom shall 
be provided; 
  D.  Signs shall be limited to one 
nonilluminated wall sign not exceeding 
one and one-half square feet in area; 
  E.  A city business license is required. 
(Ord. 79-4 ? 1 (4.800)) 
 
Chapter 17.75 
 
WIRELESS COMMUNICATION 
FACILITIES (WCF) 
 
Sections: 
17.75.010  Purpose. 
17.75.020  Definitions. 
17.75.030  Application 
requirements. 
17.75.040  Development standards. 
 
17.75.010  Purpose. 
  The purpose of this section is to 
establish standards that regulate the 
placement, appearance and impact of 
wireless communication facilities, while 
providing residents and the business 
community with the ability to access and 
adequately utilize the services that these 
facilities support. The characteristics of 
wireless communications facilities are such 
that they have the potential to impact not 
only the area immediately surrounding the 
facility, but also the community as a 
whole. Because of these potential impacts, 
the standards are intended to ensure that 
the visual and aesthetic impacts of wireless 
communication facilities are reduced to the 
greatest extent possible. (Ord. 02-1 ? 1 
(part)) 
 
17.75.020  Definitions. 
  For the purposes of this chapter, the 
following terms have the following 
meanings: 
  ?Antenna? means a specific device used 
to receive or capture incoming and/or to 
transmit outgoing radio frequency signals, 
microwave signals and/or communications 
energy transmitted from, or to be received 
by, other antennas. Antennas include whip 
(omni directional antenna), panel 
(directional antenna), disc (parabolic 
antenna) or similar devices. 
  ?Antenna array? means one or more 
antennas as defined in this chapter. The 
antenna array does not include the support 
structure. 
  ?Collocation? means the use of a 
common WCF or common site by two or 
more wireless license holders or by one 
wireless license holder for more than one 
type of communications technology. 
  ?Equipment facility? means any 
adjacent structure used to contain ancillary 
equipment for a WCF which includes 
cabinets, shelters, a buildout of an existing 
structure, pedestals and other similar 
structures. 
  ?Height? means the distance measured 
from ground level to the highest point on 
the WCF support structure, including the 
antenna or antenna array. 
  ?Micro antenna array? means an antenna 
array which consists of antennas equal to 
or less than six feet in height and with a 
total area of not more than 6 square feet. 
  17.75.030 
  327  (Cannon Beach 10-04) 
  ?Mini antenna array? means an antenna 
array which consists of antennas equal to 
or less than ten feet in height and with a 
total area of not more than fifty square feet. 
  ?Monopole? means a structure designed 
and constructed specifically to support an 
antenna array consisting of a single vertical 
metal, concrete or wooden pole, pipe, tube 
or cylindrical structure which is driven into 
the ground or mounted upon or attached to 
a foundation. 
  ?Support structure? means a structure 
that supports an antenna or antenna array. 
A support structure includes both an 
existing building or structure, or a structure 
designed and constructed specifically to 
support an antenna array, such as a 
monopole. 
  ?Wireless communications? means any 
personal wireless services as defined in the 
Federal Telecommunications Act of 1996 
which includes FCC licensed commercial 
wireless telecommunications services 
including cellular, personal 
communications services (PCS), 
specialized mobile radio (SMR), enhanced 
specialized mobile radio (ESMR), paging 
and similar services that currently exist or 
that may in the future be developed. 
  ?Wireless communication facility 
(WCF)? means any unstaffed facility for 
the transmission and/or reception of 
wireless communications services, usually 
consisting of an antenna array, an 
equipment facility, and a support structure. 
(Ord. 02-1 ? 1 (part)) 
 
17.75.030  Application requirements. 
  The following items shall be provided as 
part of an application for the placement 
and construction of a wireless 
communication facility. These items are in 
addition  to other information that may be 
required for the appropriate use permit. 
The planning director may waive an 
application requirement described herein 
when it is determined that the information 
is not necessary to process or make a 
decision on the applicati  
submitted. 
  A.  A site plan drawn to scale indicating 
the location of the proposed antenna(s), 
support structure and equipment facility 
and relevant dimensions. 
  B.  A photograph of the type of 
proposed antenna(s), support structure and 
equipment facility at a site similar to the 
proposal. 
  C.  The materials being proposed, 
including the colors of the exterior 
materials. 
  D.  A study of the visual impact of the 
proposed wireless communication facility 
consisting of a graphic simulation 
illustrating the appearance of the proposed 
facility as seen from up to five locations 
within the impacted area. Such locations 
are to be mutually agreed upon by the 
planning director and the applicant. 
  E.  A map showing all the applicant?s 
existing and proposed wireless 
communication facility sites within and 
adjacent to Cannon Beach, including a 
description of the wireless communication 
facility at each location. Adjacent to 
Cannon Beach is defined as within one 
mile of the city?s urban growth boundary 
or visible from anywhere within the city?s 
urban growth boundary, whichever is 
greater. 
  17.75.040 
  328  (Cannon Beach 10-04) 
  F.  A map indicating the anticipated 
service coverage area of the proposed 
wireless communication facility. 
  G.  A collocation feasibility study 
conducted for an area whose dimensions 
are pertinent to the proposed service area 
of the facility being proposed. The study 
will demonstrate that collocation efforts 
were made and provides findings on why 
collocation can or cannot occur. 
  H.  Where less preferred locations or 
designs, as described  in Section 17.75.040 
are proposed, a description of other 
alternatives considered (alternate sites, 
alternative support structure heights, 
number of facilities, and equipment 
utilized) and the reasons why higher 
priority locations or designs were not 
selected. 
  I.  A technical review study, if required 
by the planning director, in conformance 
with Section 17.75.040(D), Technical 
Review. (Ord. 02-1 ? 1 (part)) 
 
17.75.040  Development standards. 
  All wireless communication facilities 
shall be located, designed, constructed, 
treated and maintained in accordance with 
the following standards: 
  A.  Preferred Locations and Designs. 
The following sites shall be considered by 
applicants as the preferred order for the 
location and design of proposed wireless 
communication facilities:
 
Preferred Locations and Designs in 
Priority Order 
Location/Design  Level of 
Review 
1.  Co-location or  Outright use  
shared location on 
an existing 
wireless 
communication 
facility. 
2.  Micro antenna 
array attached to 
an existing 
structure. 
Development 
permit/no 
notice 
3.  Mini Antenna 
Array attached to 
an existing public 
facility such as a 
water tower or 
public building. 
Design review  
4.  Mini antenna array 
attached to an 
existing utility 
pole located in a 
street right-of-way 
Design review  
5.  Mini antenna array 
attached to an 
existing 
commercial 
building. 
Design review 
6.  Mini antenna array 
attached to a new 
utility pole within 
the street right-of-
way, up to a height 
of sixty feet 
Conditional 
use 
7.  Attachment to an 
existing structure 
where the height 
or area of the 
antennas exceed 
those of a mini 
antenna array. 
Conditional 
use 
8.  A monopole not  Conditional 
  17.75.040 
  329  (Cannon Beach 10-04) 
located in a street 
right-of-way, up to 
a height of sixty 
feet. 
use 
 
  The following additional location 
criteria apply to, preferred  location and 
design priority 6 through 8 listed above:
  1.  South of Ecola Creek, areas west of 
the Hemlock Street right-of-way will be 
avoided. 
  2.  North of Ecola Creek, areas west of 
Larch Street should be avoided. 
  3.  Locations on streets where 
underground utility service has been 
established should be avoided. 
  B.  General Standards. 
  1.  All facilities shall be installed and 
maintained in compliance with the 
requirements of the Building Code. 
  2.  All WCFs shall be designed to 
minimize their visual impact to the greatest 
extent feasible. 
  3.  The smallest and least visible 
antennas, to accomplish the coverage 
objectives, shall be utilized. Preference 
will be given to applications which utilize 
small or minimal size antennas that are less 
than two square feet in total area or size. 
  4.  Antenna(s) attached to an existing 
structure shall be placed so as to integrate, 
as much as possible, with the building?s 
design features and materials. Where 
appropriate, construction of screening to 
obscure the facility shall be required. Wall 
mounted antennas shall be integrated 
architecturally with the style and character 
of the structure, or otherwise made as 
unobtrusive as possible. If possible, 
antennas should be located entirely within 
an existing or newly created architectural 
feature so as to be completely screened 
from view. To the extent feasible, wall
mounted antennas should not be located on 
the front or most prominent facade of a 
structure, and should be located above the 
pedestrian line-of-sight. 
  5.  Colors and materials for WCFs shall 
be chosen to minimize their visibility. 
When painted, WCFs shall be painted or 
textured 
  17.75.040 
  290-1  (Cannon Beach Supp. No. 8, 6 -05) 
using colors to match or blend with the 
primary background of the facility, 
including the skyline or horizon. 
  6.  Equipment facilities shall be placed 
in underground vaults wherever feasible. 
Above ground equipment facilities shall be 
reviewed through the design review 
process of Chapter 17.44 to ensure that 
they are designed, sited and landscaped to 
minimize the visual impact on the 
surrounding environment. 
  7.  An existing utility pole may be 
replaced by a new utility pole made of 
wood with an additional height of ten feet, 
up to a maximum of fifty feet, at the same 
pole location and still be subject to design 
review rather than a conditional use. 
Replacement of an existing utility pole 
with a metal pole shall be reviewed as a #6 
priority requiring a conditional use permit. 
  8.  A mini antenna array is the largest 
antenna array that is allowed on a 
monopole. 
  9.  Exterior lighting for a WCF is 
permitted only when required by a federal 
or state authority. 
  10. A WCF placed pursuant to this 
chapter is exempt from the height 
requirements of the zoning district in 
which it is located. 
  C.  Modifications to Approved Plans. 
Proposed modifications to a WCF that 
requires design review approval shall be 
evaluated pursuant to Section 17.44.110, 
Revision of Approved Plans. Proposed 
modifications to a WCF that requires a 
conditional use permit shall be reviewed as 
a conditional use. 
  D.  Technical Review. If determined to 
be appropriate, the planning director may 
employ, on behalf of the city, an 
independent technical expert to review the 
technical information provided by the 
applicant in response to Section 
17.75.030(G) and 17.75.030(H). The 
technical review will be used to determine 
if adequate service coverage can be 
provided by alternative facility designs and 
locations not selected by the applicant but 
which have a higher design priority as 
described in Section 17.75.040(A), 
Development Standards, Preferred 
Locations and Designs. The applicant shall 
pay the cost of any such study. 
  E.  Abandonment and Obsolescence. A 
wireless communication carrier shall notify 
the city of any plans to abandon or 
discontinue the use of a WCF. The facility 
shall be removed within ninety days of its 
abandonment. If the WCF is not removed 
within ninety days, the city may remove 
the WCF at the owner?s expense. Any 
WCF that is not operated for a continuous 
period of twelve months shall be 
considered abandoned and the owner of 
such WCF shall remove the WCF within 
ninety days of receipt of notice from the 
city notifying the owner of such 
abandonment, or the city shall remove the 
facility at the owner?s expense. If there are 
two or more users of a single WCF, then 
this provision shall not become effective 
until all users cease using the WCF. 
  F.  Antenna  -Exceptions. The 
provisions of this chapter do not apply to 
household radio or television reception 
antennas, satellite or microwave parabolic 
antennas not used by wireless 
communication service providers, and 
antennas owned and operated by a 
  17.75.040 
  290-2  (Cannon Beach Supp. No. 8, 6 -05) 
federally-licensed amateur radio station 
operator (ham). (Ord. 02-1 ? 1 (part)) 
 
  17.77.010 
  290-2  (Cannon Beach Supp. No. 8, 6 -05) 
Chapter 17.77* 
 
SHORT-TERM RENTAL OF 
DWELLING UNITS 
 
Sections: 
17.77.010  Purpose. 
17.77.020  Transient rental 
occupancy 
requirements. 
17.77.030  Vacation home rental 
occupancy 
requirements. 
17.77.040  Standards. 
17.77.050  Violations and penalties. 
 
*  Prior ordinance history: Ords. 92-1, 95-13 and 98-23. 
 
17.77.010  Purpose. 
  The purpose of this chapter is to protect 
the character of the city?s residential 
neighborhoods by limiting and regulating 
the transient rental occupancy and the 
vacation home rental occupancy of 
dwelling units. In the adoption of these 
regulations, the city finds that the rental of 
dwelling units for periods of thirty days or 
less has the potential to be incompatible 
with surrounding residential uses. 
Therefore, special regulation of dwellings 
used for transient rental occupancy or 
vacation home rental occupancy is 
necessary to ensure that these uses will be 
compatible with surrounding residential 
uses and will not materially alter the 
neighborhoods in which they are located. 
(Ord. 04-9A ? 6 (part)) 
 
17.77.020  Transient rental occupancy 
requirements. 
  A.  No person shall occupy, use, operate 
or manage, nor offer or negotiate to use, 
lease or rent a dwelling unit in the RVL, 
RL, R1, R2, R3, MP and RAM zones for 
transient rental occupancy except: 
  1.  A dwelling for which there is a 
transient rental business license issued by 
the city on the effective date of the 
ordinance codified in this chapter and 
where a transient rental permit has been 
issued to the owner of that dwelling; or 
  2.  A dwelling which has been 
approved for use as a bed and breakfast 
establishment. 
  B.  In the RM and C1 zones, the rental 
of a dwelling, or portion thereof for 
transient rental occupancy shall be 
considered a motel and subject to 
compliance with the requirements of 
Municipal Code, Chapter 3.12, Transient 
Room Tax.  
  C.  The transient rental occupancy of a 
dwelling unit, as permitted by subsection 
(A)(1) of this section, shall comply with 
the standards of Section 17.77.040(A). 
  D.  No person shall be issued a new 
transient rental permit who holds another 
transient rental permit. Converting or 
replacing a transient rental business license 
that exists on the effective date of said 
ordinance into or with a transient rental 
permit is not considered the issuance of a 
new transient rental permit. For the 
purposes of the chapter, ?person? means 
the natural person or legal entity that owns 
and holds legal and/or equitable title to the 
property.  If the owner is a natural person, 
or where the natural person has transferred 
  17.77.020 
  290-3  (Cannon Beach Supp. No. 8, 6 -05) 
his property to a trust where the natural 
person is the trustor, that person can have 
an ownership right, title, or interest in no 
more than one dwelling unit that has a 
transient rental permit.  If the owner is a 
business entity such as a partnership, a 
corporation, a limited liability company, a 
limited partnership, a limited liability 
partnership or similar entity, any person 
who owns an interest in that business entity 
shall be considered an owner and such a 
person can have an ownership right, title, 
or interest in no more than one dwelling 
unit that has a transient rental permit. 
  E.  A transient rental permit is issued to 
a specific o
transient rental permit shall be revoked 
when the permit holder sells or transfers 
the real property which was rented 
pursuant to the transient rental permit 
except as provided below. For purposes of 
the section, ?sale or transfer? means any 
change of ownership during the lifetime of 
the permit holder or after the death of the 
permit holder whether there is 
consideration or not except a change in 
ownership where title is held in 
survivorship with a spouse, or transfers on 
the owner?s death to a trust which benefits 
only a spouse for the spouse?s lifetime. A 
permit holder may transfer ownership of 
the real property to: a trustee, a limited 
liability company, a corporation, a 
partnership, a limited partnership, a limited 
liability partnership, or other similar entity 
and not be subject to permit revocation 
pursuant to the section so long as the 
transferor lives and remains the only owner 
of the entity. Upon the transferor?s death or 
the sale or transfer of his/her interest in the 
entity to another person, the transient rental 
permit held by the transferor shall be 
revoked. 
  F.  It is the city?s intention to maintain 
ninety-two transient rental permits. When a 
transient rental permit is revoked pursuant 
to subsection E of this section, 
17.77.040(A)(1) or 17.77.050, the city will 
accept a new application for a transient 
rental permit as follows. The city will 
maintain a roster of property owners who 
are interested in obtaining a transient rental 
permit for their dwelling unit. A property 
owner may place his or her name on the 
roster at any time. When an opportunity for 
a new transient rental permit arises, the city 
will select a name from the roster by means 
of a random selection. The person so 
selected will have one hundred eighty days 
to obtain a transient rental permit. If the 
person so selected does not obtain a 
transient rental permit within one hundred 
eighty days, a new name will be selected 
from the roster by random selection. 
  G.  The maximum period of time that a 
person may hold a transient rental permit 
obtained by means of random selection, as 
described in subsection F of this section, is 
five years. At the end of the five-year 
period, a new a transient rental permit 
holder will be selected by means of 
random selection as described in 
subsection F of this section. 
  H.  A person who held a transient rental 
permit obtained by means of random 
selection as described in subsection F of 
this section, may not be considered for a 
new permit in the next lottery following 
the end of that permit?s five-year period. 
(Ord. 04-9A ? 6 (part)) 
  17.77.020 
  290-4  (Cannon Beach Supp. No. 8, 6 -05) 
17.77.020 
17.77.030  Vacation home rental 
occupancy requirements. 
  A.  No person shall occupy, use, operate 
or manage, nor offer or negotiate to use, 
lease or rent a dwelling unit in the RVL, 
RL, R1, R2, R3, MP and RAM zones for 
vacation home rental occupancy except:
  1.  A dwelling for which a vacation 
home rental permit has been issued to the 
owner of that dwelling; 
  2.  A dwelling which has been 
approved for use as a bed and breakfast 
establishment. 
  B.  In the RM and C1 zones, the rental 
of a dwelling, or portion thereof for periods 
of less than thirty days shall be considered 
a motel and subject to the requirements of 
Chapter 3.12, Transient Room Tax. 
  C.  Vacation Home Rental Tenancy. 
The use of a dwelling for vacation rental 
occupancy shall not exceed one individual 
tenancy within fourteen consecutive 
calendar days. However, occupancy of the 
dwelling is not required to occur for that 
entire time period. No additional 
occupancy, with the exception of the 
property owner, shall occur within that 
fourteen-day period. An individual tenancy 
means a specific person or group of 
persons who together may occupy a 
dwelling for periods of between one and 
fourteen days. 
  D.  The vacation home rental occupancy 
of a dwelling unit, as permitted by 
subsection A of this section shall comply 
with the standards of Section 17.77.040(B). 
  E.   No person shall hold more than one 
vacation home rental permit. For the 
purposes of the chapter, ?person? means 
the natural person or legal entity that owns 
and holds legal and/or equitable title to the 
property. If the owner is a natural person, 
or where the natural person has transferred 
his property to a revocable trust where the 
natural person is the trustee, that person 
can have an ownership right, title, or 
interest in no more than one dwelling unit 
that has a vacation home rental permit. If 
the owner is a business entity such as a 
partnership, a corporation, a limited 
liability company, a limited partnership, a 
limited liability partnership or similar 
entity, any person who owns an interest in 
that business entity shall be considered an 
owner and such a person can have an 
ownership right, title, or interest in no 
more than one dwelling unit that has a 
vacation home rental permit. 
  F.  A vacation home rental permit is 
issued to a specific owner of a dwelling 
unit. When the permit holder sells or 
transfers the real property, the new owner 
shall apply for and receive a vacation home 
rental permit before using the dwelling as a 
vacation home rental. 
  G.  A person who holds a transient 
rental permit shall not be permitted to hold 
a vacation home rental permit. (Ord. 04-9A 
? 6 (part)) 
17.77.030 
17.77.040  Standards. 
  A.  The transient rental occupancy of a 
dwelling unit, as permitted by Section 
17.77.020, or the vacation home rental 
occupancy of a dwelling unit, as permitted 
by Section 17.77.030, shall comply with 
the following standards: 
  1.  Permit. 
  17.77.040 
  290-5  (Cannon Beach Supp. No. 8, 6 -05) 
  a.  Any person who is permitted to 
engage in the rental of a dwelling for 
transient occupancy, pursuant to  Section 
17.77.020(A)(1), shall make application to 
the city, upon suitable forms furnished by 
the city, for a revocable transient rental 
permit no later than July 1, 2005. A 
complete permit application and applicable 
fee are due no later than on July 1st for the 
fiscal year commencing with that date. If a 
complete application and applicable fee 
has not been received by the city by 
August 1st of the applicable fiscal year, the 
transient rental occupancy of the dwelling 
unit shall be conclusively presumed to be 
discontinued and the city shall commence 
the revocation of the permit pursuant to the 
procedure described in Section 
17.77.050(B)(7). Upon issuance, the permit 
is valid for a period of one year and must 
be renewed annually. Until July 1, 2005, 
holders of transient rental business licenses 
may rent a dwelling for transient 
occupancy pursuant to that license. b.
  Commencing on July 1, 2005, any 
person who is permitted to engage in the 
rental of a dwelling for vacation home 
rental occupancy pursuant to Secti
17.77.030(A) shall have obtained a 
revocable vacation home rental permit 
before the rental of the dwelling for 
vacation home rental occupancy. 
Application for such a permit shall be 
made upon suitable forms furnished by the 
city. The permit is valid for one year, or 
the remainder of the fiscal year in which 
the permit is issued, and must be renewed 
annually. Renewal of the permit requires a 
complete permit application and fee no 
later than on July 1st for the fiscal year 
commencing with that date. If a complete 
application and applicable fee has not been 
received by the city by August 1st of the 
applicable fiscal year, the vacation home 
rental occupancy of the dwelling unit shall 
be conclusively presumed to be 
discontinued and the city shall commence 
the revocation of the permit pursuant to the 
procedure described in Section 
17.77.050(B)(7). 
  c.  The city shall issue the permit where 
it finds the standards of subsection (A)(2) 
of this section are met. 
  2.  The issuance of a transient rental 
permit or a vacation home rental permit 
shall be subject to the following:
  a.  Inspection. 
  i.  At the time of application for a new 
transient rental permit pursuant to Section 
17.70.020(F), or a new vacation home 
rental permit the dwelling unit shall be 
subject to inspection by the building 
official or his designee. The purpose of the 
inspection is to determine the conformance 
of the dwelling with the requirements of 
the Uniform Housing Code, 1988 Edition. 
Prior to the issuance of the transient rental 
permit or the vacation home rental permit, 
the owner of the dwelling unit shall make 
all necessary alterations to the dwelling 
required by the building official pursuant 
to the Uniform Housing Code. 
  ii.  Beginning on July 1, 2005, and each 
year thereafter, there shall be a 
reinspection of twenty percent of the 
dwellings that have a transient rental 
permit so that, over a five-year period, all 
dwellings that have a transient rental 
permit will have been reinspected. A 
condition of granting the annual transient 
  17.77.040 
  290-6  (Cannon Beach Supp. No. 8, 6 -05) 
rental permit, where a dwelling has been 
reinspected, is that the owner of the 
dwelling shall make any necessary 
alterations to the dwelling required by the 
building official pursuant to the Uniform 
Housing Code. The required alteration 
shall be completed within thirty days of the 
building official notification of the 
required alterations. A failure to complete 
the alterations within the specified time 
period may result in the revocation of the 
permit pursuant to the procedure of Section 
17.77.050(B)(7). 
  iii.  Beginning on July 1, 2008, and each 
year thereafter, there shall be a 
reinspection of twenty percent of the 
dwellings that have a vacation home rental 
permit so that, over a five-year period, all 
dwellings that have a vacation home rental 
permit will have been reinspected. A 
condition of granting the annual vacation 
home rental permit, where a dwelling has 
been reinspected, is that the owner of the 
dwelling shall make any necessary 
alterations to the dwelling required by the 
building official pursuant to the Uniform 
Housing Code. The required alteration 
shall be completed within thirty days of the 
building official notification of the 
required alterations. A failure to complete 
the alterations within the specified time 
period may result in the revocation of the 
permit pursuant to the procedure of Section 
17.77.050(B)(7). 
  b.  Occupancy. 
  i.  The maximum occupancy for the 
dwelling shall be two persons per bedroom 
and two additional persons (e.g., a two-
bedroom dwelling is permitted a maximum 
occupancy of six persons). The maxi
occupancy may be further limited by the 
requirements of subsection (A)(2)(e) of 
this section. In no event shall the 
occupancy of a dwelling exceed twelve 
persons, unless a transient rental business 
license issued prior to January 1, 2005 
established an occupancy of more than 
twelve persons. For the purpose of this 
section, a bedroom is as defined in the 
CABO One and Two-Family Dwelling 
Code. For the purpose of establishing 
occupancy, a person is defined as an 
individual at least two years of age. 
  ii.  The maximum occupancy on the 
property shall be that determined by the 
occupancy of the dwelling unit, per 
subsection (A)(2)(b)(i) of this section. No 
recreational vehicle, travel trailer, tent or 
other temporary shelter shall be used by 
any tenant on the premises for living or 
sleeping purposes. 
  iii.  When an owner applies for a 
building permit for a dwelling that has a 
transient rental occupancy permit or a 
vacation home rental permit that will 
increase the occupancy of that dwelling 
unit, the owner will provide the city 
documentation that additional off-street 
parking as required by subsection (A)(2)(e) 
of this section will be provided. 
  c.  Transient Room Tax. Compliance 
with the requirements of the Municipal 
Code, Chapter 3.12, Transient Room Tax 
is required. 
  d.  Local Representative. 
  i.  The property owner shall designate 
a local representative who permanently 
resides within the Cannon Beach urban 
growth boundary or a licensed property 
management company with a physically 
  17.77.040 
  290-7  (Cannon Beach Supp. No. 8, 6 -05) 
staffed office within ten vehicular miles of 
the Cannon Beach urban growth boundary. 
The owner may be the designated 
representative where the owner resides in 
the Cannon Beach urban growth boundary. 
Where the owner does not reside within the 
Cannon Beach urban growth boundary, the 
owner shall designate either a resident in 
the Cannon Beach urban growth boundary, 
or a licensed property management 
company within ten vehicular miles of the 
Cannon Beach urban growth boundary as 
his representative. 
  ii.  The property owner or the 
designated local  
maintain a guest and vehicle register for 
each tenancy of the transient rental or 
vacation home rental. The register shall 
include the names, home addresses and 
phone numbers of the tenants; the vehicle 
license plate numbers of all vehicles used 
by the tenants, and the date of the rental 
period. The above information must be 
available for city inspection upon request; 
failure to maintain or provide the required 
information constitutes a violation and is 
grounds for a penalty pursuant t
17.77.050. 
  iii.  The local representative must be 
authorized by the owner of the dwelling to 
respond to tenant and neighborhood 
questions or concerns. The local 
representative shall serve as the initial 
contact person if there are questions or 
complaints regarding the operation of the 
dwelling for transient rental or vacation 
home rental purposes. The local 
representative must respond to those 
complaints in a timely manner to ensure 
that the use of the dwelling complies with 
the standards for transient rental occupancy 
or vacation home rental occupancy, as well 
as other pertinent city ordinance 
requirements pertaining to noise, 
disturbances, or nuisances, as well as state 
law pertaining to the consumption of 
alcohol, or the use of illegal drugs. 
  iv.  If the police department is not able 
to contact the local representative in a 
timely manner more than twice during the 
term of the annual permit, this shall be 
considered a violation pursuant to Section 
17.77.050(B) and that violation shall be 
counted in the number of violations 
assessed against the permit pursuant to 
Section 17.77.050(B)(4). 
  v.  The designated local representative 
may be changed by the permit holder from 
time to time throughout the term of the 
permit. However, to change the local 
representative, the permit holder must file 
a revised permit application that includes 
the name, address and telephone number of 
the new local representative. Failure to 
notify the city of a change in the local 
representative constitutes a violation 
pursuant to Section 17.77.050(B) and that 
violation shall be counted in the number of 
violations assessed against the permit 
pursuant to Section 17.77.050(B)(4). 
  vi.  The city will notify property owners 
and or residents within two hundred feet of 
the dwelling of the  name, address and 
telephone number of the owner or the local 
representative. The purpose of this 
notification is so that adjacent property 
owners and residents can contact the 
responsible person to report and request the 
resolution of problems associated with the 
  17.77.040 
  290-8  (Cannon Beach Supp. No. 8, 6 -05) 
operation of the transient rental or vacation 
home rental. 
  e.  Parking. One off-street parking 
space shall be provided for each three 
persons of dwelling occupancy, as 
determined by subsection (A)(2)(b) of this 
section; fractions shall be rounded t
next highest whole number (e.g., a 
dwelling with a permitted occupancy of 
eight persons shall provide three off-street 
parking spaces.) Where the number of 
parking spaces required by this section 
cannot be provided on-site, the permitted 
occupancy of the dwelling shall be reduced 
to conform to the available amount of off-
street parking (e.g., a dwelling with a 
potential occupancy, pursuant to 
subsection (A)(2)(b) of this section, of 
eight persons, which provides only two 
off-street parking spaces shall have its 
occupancy limited to six persons.) 
Notwithstanding the above provision, each 
dwelling shall be permitted a minimum 
occupancy of six persons. No more 
vehicles shall be parked on the property 
than there are designated off-street parking 
spaces. 
  f.  Solid Waste Collection. Weekly 
solid waste collection service shall be 
provided during all months that the 
dwelling is available for transient or 
vacation home occupancy.  
  g.  Permit Posting. The transient rental 
permit or vacation home rental permit shall 
be posted within the dwelling adjacent to 
the front door. At a minimum, the permit 
will contain the following information:
  i.  The name of the local representative 
and a telephone number where the 
representative may be reached; 
  ii.  The name and a telephone number 
where the property owner can be reached; 
  iii.  The telephone number and web site 
address of the city of Cannon Beach and 
the Cannon Beach police department; 
  iv.  The maximum number of occupants 
permitted to stay in the dwelling; 
  v.  The maximum number of vehicles 
allowed to be parked on the property; 
  vi.  The number and location of on-site 
parking spaces; and 
  vii. The solid waste collection day. 
  B.  Variance from the standards of 
subsections (A)(1) through (A)(7) of this 
section shall not be permitted. (Ord. 04-9A 
? 6 (part)) 
17.77.040 
17.77.050  Violations and penalties. 
  A.  The following conduct shall 
constitute a violation for which the 
penalties and sanctions specified in Section 
17.77.050(B) may be imposed. For 
purposes of this section, viol  
mean a violation which has been finally 
adjudicated in a court of competent 
jurisdiction. 
  1.  Any property owner, or person 
acting as an agent for the property owner, 
such as a motel, real estate broker or 
property manager, who arranges or 
otherwise provides for the transient 
occupancy of a dwelling, or the vacation 
home rental occupancy of a dwelling unit 
in violation of the provisions of this 
section; or  
  2.  The owner has failed to comply with 
the standards of Section 17.77.040; or 
  3.  The owner has failed to pay the 
transient room tax as required by 
Municipal Code, Chapter 3.12; or 
  17.77.050 
  290-9  (Cannon Beach Supp. No. 8, 6 -05) 
  4.  The tenants of the dwelling have 
created noise, disturbances, or nuisances, 
in violation of the city municipal code, or 
violations of state law pertaining to t
consumption of alcohol, or the use of 
illegal drugs. 
  B.  Penalties. 
  1.  Penalties for violations described in 
subsections (A)(1) through (A)(3) of this 
section shall be assessed in conformance 
with Chapter 17.94. 
  2.  Each day in which a dwelling is 
used in violation of subsections (A)(1) and 
(A)(2) of this section shall be considered a 
separate violation of this chapter. 
  3.  Penalties for violations described in 
subsection (A)(4) of this section shall be 
assessed in conformance with the city 
municipal code or applicable state statute. 
  4.  In addition to the penalties 
described in subsections (B)(1) and (B)(3) 
of this section, the following sanctions will 
be imposed: 
  a.  For the first two violations within a 
twenty-four-month period, the sanction 
shall be a warning notice. 
  b.  For the third violation within a 
twenty-four-month period, the sanction 
shall be a suspension of the permit for 
thirty days. 
  c.  For the fourth violation within a 
twenty-four-month period, the sanction 
shall be a suspension of the permit for 
ninety days. 
  d.  For the fifth violation within a 
twenty-four-month period, the sanction 
shall be a suspension of the permit for one 
hundred eighty days. 
  e.  For the sixth violation within a 
twenty-four-month period, the penalty 
shall be a revocation of the permit. 
  5.  The city shall provide the permit 
holder with a written notice of any 
violation of subsection (A)(4) of this 
section that has occurred. If applicable, a 
copy of the warning notice shall be sent to 
the local representative. 
  6.  Pursuant to subsections (B)(4)(b) 
through (d) of this section, the city shall 
provide the permit holder with a written 
notice of the permit suspension and the 
reason for that suspension. The permit 
holder may appeal the suspension to the 
city council by filing a letter of appeal with 
the city manager within twenty days after 
the date of the mailing of the city 
manager?s order to suspend the permit. The 
city manager?s suspension shall be stayed 
until the appeal has been determined by the 
city council. The city council shall conduct 
a hearing on the appeal within sixty days of 
the date of the filing of the letter of appeal. 
At the appeal, the permit holder may 
present such evidence as may be relevant. 
At the conclusion of the hearing, based on 
the evidence it has received, the council 
may uphold, modify, or overturn the 
decision of the city manager to suspend the 
permit based on the evidence it received. 
  7.  Pursuant to subsection (B)(4)(e) of 
this section, the city shall provide the 
permit holder with a written notice that it 
intends to revoke the permit and the 
reasons for the revocation. The city council 
shall hold a hearing on the proposed 
revocation of the permit. At the hearing, 
the permit holder may present such 
evidence as may be relevant. At the 
  17.77.050 
  290-10  (Cannon Beach Supp. No. 8, 6 -05) 
conclusion of  the hearing, based on the 
evidence it has received, the council may 
determine not to revoke the permit, attach 
conditions to the permit, or revoke the 
permit. 
  8.  A person who has had a transient 
rental occupancy permit or a vacation 
home rental permit revoked shall not be 
permitted to apply for either type of permit 
at a later date. (Ord. 04-9A ? 6 (part)) 
 
 
 
 
  17.78.010 
  291  (Cannon Beach 10-04) 
Chapter 17.78 
 
OFF-STREET PARKING AND 
LOADING 
 
Sections: 
17.78.010  Requirements generally. 
17.78.020  Off-street parking 
requirements. 
17.78.030  Off-street loading 
requirements. 
 
17.78.010  Requirements generally. 
  The following general provisions shall 
govern the application of off-street parking 
and loading requirements: 
  A.  The provision and maintenance of 
off-street parking and loading spaces is a 
continuing obligation of the property 
owner. No building permit shall be issued 
until plans are presented that show 
property that is and will remain available 
for exclusive use as off-street parking and 
loading space. The subsequent use of 
property for which the building permit is 
issued is conditional upon the unqualified 
continuance and availability of the amount 
of parking and loading space required by 
this chapter. Should the owner or occupant 
of a lot or building change the use to which 
the lot or building is put, thereby 
increasing off-street parking or loading 
requirements, it shall be a violation of this 
chapter to begin or maintain such altered 
use until the required increase in off-street 
parking or loading is provided. 
  B.  Requirements for types of buildings 
and uses not specifically listed herein shall 
be determined by the planning commission 
based upon the requirements of 
comparable uses listed. 
  C.  In the event several uses occupy a 
single structure or parcel of land, the total 
requirements for off-street parking shall be 
the sum of the requirements of the several 
uses computed separately, unless evidence 
is presented to the satisfaction of the city 
that the various uses shall not be used 
simultaneously, thus requiring spaces for 
such use. 
  D.  Owners of two or more uses, 
structures or parcels of land may agree to 
utilize jointly the same parking and loading 
spaces when the hours of operation do not 
overlap, provided that satisfactory legal 
evidence is presented to the city in the 
form of deeds, leases or contracts to 
establish the joint use. 
  E.  Maneuvering space (to prevent 
backing onto streets) shall be provided for 
all lots which provide access onto arterial 
streets. 
  F.  Off-street parking spaces for one or 
two family dwellings shall be located o
the same lot with the dwelling. Other 
required parking spaces shall be located no 
farther than two hundred feet from the 
building or use they are required to serve 
measured in a straight line from the 
building. For uses where parking is 
permitted within  two hundred feet of the 
intended use, the parking must be located 
in a zone which permits the use for which 
the parking is to be provided. 
  G.  Required parking spaces shall be 
available for the parking of passenger 
vehicles of residents, customers, patrons 
and employees only, and shall not be used 
for storage of vehicles or materials or for 
  17.78.010 
  292  (Cannon Beach 10-04) 
the parking of trucks used in conducting 
the business or use. 
  H.  A plan drawn to scale, indicating 
how the off-street parking and loading 
requirements are to be met shall 
accompany an application for a building 
permit. 
  I.  Design requirements for parking lots 
and loading areas shall be as follows:
  1.  Areas used for standing and 
maneuvering of vehicles shall have 
graveled or paved surfaces maintained 
adequately for all-weather use and so 
drained as to avoid flow of water across 
public sidewalks, public rights-of-way and 
abutting private property. 
  2.  Parking areas shall be divided into 
bays of not more than eight parking spaces. 
Between or at the end of each parking bay 
there shall be a curbed planter of at least 
five feet by eighteen feet in length, or 
containing ninety square feet. Each planter 
shall contain at least one tree meeting the 
standards of Section 17.44.120 (G)(3) and 
ground cover which has been deemed 
appropriate by the design review board. 
Such areas shall be designed to be 
protected from being damaged by vehicles 
using the parking area. 
  3.  Parking areas shall be separated 
from the exterior wall of a structure, 
exclusive of paved pedestrian entrance 
ways or loading areas, by a five-foot strip 
of landscaping material. The strip shall, at 
a minimum, contain hedge and ground 
cover material. 
  4.  Where parking or loading areas abut 
a public right-of-way, a screen planting 
shall be provided sufficient to screen the 
parking facilities, but without encroaching 
into the clear vision area. The design 
review board may permit the use of a fence 
to provide screening where it finds the use 
of vegetation inappropriate or unfeasible. 
  5.  When a parking, loading or 
driveway area serving a multifamily, 
commercial, industrial or governmental 
use, abuts a residential zone, buffering 
consistent with the requirements of 
Chapter 17.66 shall be provided. 
  6.  Entryways into parking lots shall be 
bordered by a minimum five-foot wide 
landscape planter strip containing at least 
one structural tree and hedge or shrub 
material. 
  7.  Access points for all uses shall be 
limited to a maximum width of twenty-four 
feet. For multifamily, commercial, 
industrial or public uses utilizing a one-
way access system, a maximum of two 
twelve-foot wide access points are 
permitted. For multifamily, commercial, 
industrial or public uses, access points 
shall be located on side streets or existing 
driveways wherever possible so as to avoid 
congestion of arterial or collector streets. 
  8.  Parking and planting areas shall be 
defined from streets by the use of curbing 
or other material. 
  9.  Artificial lighting which may be 
provided shall not create or reflect 
substantial glare in a residential zone or on 
any adjacent dwelling. 
  10. Access aisles shall be of sufficient 
width for all vehicle turning and 
maneuvering. 
  11. On parking lots having four or more 
parking spaces, each space shall be clearly 
marked in a permanent manner. 
  17.78.010 
  293  (Cannon Beach 10-04) 
  12. Service drives to off-street parking 
areas shall be designed and constructed to 
facilitate the flow of traffic and provide 
maximum safety of pedestrians and 
vehicular traffic on the site. The design 
shall meet city parking specifications. The 
number of service drives shall be limited to 
the minimum that will allow the property 
to accommodate and service the traffic to 
be anticipated. Service drives shall be 
clearly and permanently marked and 
defined through the use of rails, fences, 
walls or other barriers or markers on 
frontages not occupied by service drives. 
  17.78.010 
  293  (Cannon Beach Supp. No. 7, 4 -05) 
  13. Service drives shall have a 
minimum vision clearance area formed by 
the intersection of the driveway center line, 
the street right-of-way line, and a straight 
line joining said lines through points 
twenty feet from their intersection. 
  J.  Parking lots shall not designate 
more than sixty percent of the spaces for 
use by compact cars; 
  K.  It is unlawful to charge a fee of any 
kind for the use of off-street parking spaces 
provided to meet the off-street parking 
requirements specified  in Section 
17.78.020 and Section 17.22.050(J)(1). 
Where such a fee was charged prior to the 
effective date of Ordinance 97-12, an 
amortization period of four months, from 
the effective date of Ordinance 97-25, is 
established. At the conclusion of the 
amortization period, charging a fee of any 
kind for the use of off-street parking spaces 
provided to meet the off-street parking 
requirement specified in Section 17.78.020 
and Section 17.22.050 (J)(1) shall be 
prohibited whether or not a fee was 
charged prior to the adoption of Ordinance 
97-12. (Ord. 97-25 ? 1; Ord. 97-12 ? 1; 
Ord. 89-3 ? 1 (part); Ord. 86-17 ? 2: Ord. 
86-16 ? 10: Ord. 86-10 ? 9: Ord. 84-10 ? 2; 
Ord. 79-4 ? 1 (5.030)) 
17.78.010 
17.78.020  Off-street parking 
requirements. 
  At the time a structure  is erected or 
enlarged or the use of a structure or parcel 
of land changes, off-street parking spaces 
shall be provided in accordance with this 
section and Section 17.78.010. If parking 
space has been provided in connection with 
an existing use, the parking space shall not 
be eliminated if it would result in less than 
is required by this section. Where square 
feet are specified, the area measured shall 
be gross floor area primary to the 
functioning of the particular use of 
property, but shall exclude space devoted 
to off-street parking or loading. Where 
employees are specified, persons counted 
shall be those working on the premises 
including the proprietors, during the largest 
shift at a peak season. Fractional space 
requirements shall be counted as a whole 
space. 
 
Use  Parking spaces required 
   
Retail and office  Downtown  
 
a.  For structures existing as of 
July 6, 1995, existing off-street 
parking spaces which were 
required to meet the off-street 
parking requirement (1.5 parking 
spaces per four hundred square 
feet of gross floor area), as per 
Ordinance 88-6, shall be retained;
   
  b.  At the time an existing 
structure containing retail or 
office use is replaced or enlarged, 
off-street parking spaces shall be 
required for the proposed 
building?s gross floor area which 
exceeds the existing building?s 
gross floor area. The additional 
required off-street parking spaces 
shall be provided in accordance 
with the standard of one parking 
space per four hundred square 
feet of gross floor area; 
   
  c.  At the time a new structure is 
erected on a parcel of land which 
did not contain a commercial use 
as of July 6, 1995, one parking 
space per four hundred square 
feet of gross floor area shall be 
required; 
   
  d.  At the time an existing 
structure, which was not used for 
commercial purposes as of July 6, 
1995, is converted to retail or 
office use, one parking space per 
four hundred square feet of gross 
  17.78.020 
  294  (Cannon Beach Supp. No. 7, 4 -05) 
Use  Parking spaces required 
   
floor area shall be required. 
   
   
  Midtown and Tolovana Park 
   
  a.  For structures existing as of 
December 2, 2004, existing off-
street parking spaces, which were 
required to meet the use?s off-
street parking requirement (1.5 
parking spaces per four hundred 
square feet of gross floor area), as 
per Ordinance 88-6, shall be 
retained; 
   
  b.  At the time an existing 
struct ure containing retail or 
office use is replaced or enlarged, 
off-street parking spaces shall be 
required for the proposed 
building?s gross floor area which 
exceeds the existing building?s 
gross floor area. The additional 
required off-street parking spaces 
shall be provided in accordance 
with the standard of one parking 
space per four hundred square 
feet of gross floor area; 
   
  c.  At the time a new structure is 
erected on a parcel of land which 
did not contain a commercial use 
as of December 2, 2004, one 
parking space per four hundred 
square feet of gross floor area 
shall be required; 
   
  d.  At the time an existing 
structure, which was not used for 
commercial purposes as of 
December 2, 2004, is converted 
to retail or office use, one parking 
space per four hundred square 
feet of gross floor area shall be 
required. 
   
Motels and hotels  1-1/4 per unit and 2 for a 
manager?s unit; 1 for each unit of 
400 sq. ft. or less, as long as that 
unit has only 1 bedroom 
   
Other tourist 
accommodations, 
including trailer 
parks and 
campgrounds 
1-1/4 per trailer space or camping 
space, plus 1 staff space  
   
   
   
   
   
Use  Parking spaces required 
   
   
   
   
Residences  a.  Single-family dwelling, two-
family dwelling and multiple 
family dwelling in condominium 
ownership: 2 per dwelling unit, 
except that 1 per dwelling unit is 
required for residences that are 
provided in conjunction with a 
commercial use where those 
residences constitute no more 
than 50% of the building area 
   
  b.  Multiple-family dwellings in 
other than condominium 
ownership: 
   
  Studio  1 per dwelling 
unit 
     
  1 bedroom  1.25 per 
dwelling unit 
     
  2 bedroom  1.5 per 
dwelling unit 
     
  3 or more 
bedrooms 
2 per dwelling 
unit 
     
Group housing  1 per sleeping room 
   
Schools, 
elementary 
1 per employee or teacher 
   
Restaurants, bar, 
or lounge 
Downtown 
 
1.5 parking spaces per four 
hundred square feet of gross 
floor, except that one parking 
space per four hundred square 
feet of gross floor area shall be 
required for: (1) additions to a 
restaurant, bar or lounge after 
July  6, 1995; or (2) a restaurant, 
bar or lounge on a parcel of land 
which did not contain a 
commercial use as of  July 6, 
1995; or (3) a restaurant, bar or 
lounge in a structure which was 
not used for commercial purposes 
as of July 6, 1995. 
   
  Midtown 
 
1.5 parking spaces per four 
hundred square feet of gross floor 
area shall be required. 
   
   
  17.78.020 
  295  (Cannon Beach Supp. No. 7, 4 -05) 
 
  17.78.020 
  294-1  (Cannon Beach Supp. No. 7, 4 -05) 
Use  Parking spaces required 
   
Meeting rooms  Tolovana Park 
 
a.  One parking space per one 
hundred square feet of gross floor 
area shall be required. 
   
  b.  One parking space  per one 
hundred square feet of gross floor 
area shall be required. 
   
Limited 
manufacturing 
1 per employee at the maximum 
shift  
   
Similar uses or 
aggregate 
To be evaluated on a case-by-
case basis based on above 
standards 
 
(Ord. 04-11 ? 5; Ord. 98-17 ? 4; Ord. 92-
11 ? 69; Ord. 89-3 ? 1 (part); Ord. 88-6 ? 
2: Ord. 86-17 ? 1: Ord. 86-16 ? 8: Ord. 84-
10 ? 1; Ord. 79-4 ? 1 (5.010)) 
17.78.020 
17.78.030  Off street loading 
requirements. 
  The following provisions apply to 
required off-street loading facilities: 
  A.  Commercial and industrial uses with 
a gross floor area of between seven 
thousand square feet and twenty-four 
thousand nine hundred ninety-nine square 
feet shall provide at least one off-street 
loading space; one additional space shall 
be provided for each additional twenty-five 
thousand square feet of gross floor area, or 
major fraction thereof. 
  B.  The minimum required loading area 
shall not be less than twelve feet wide and 
thirty feet in length with an unobstructed 
height of fourteen feet. 
  C.  The required area of an off-street 
loading space(s) shall not be used to satisfy 
the off-street parking requirement. (Ord. 
86-16 ? 9: Ord. 79-4 ? 1 (5.020)) 
 
 
 
  17.80.010 
  3  (Cannon Beach 10-04) 
Chapter 17.80 
 
CONDITIONAL USES 
 
Sections: 
17.80.010  Purpose. 
17.80.020  Authorization to grant 
or deny. 
17.80.030  Existing conditional 
uses. 
17.80.040  Performance bond. 
17.80.050  Application?Filing. 
17.80.060  Application?
Investigation and 
reports. 
17.80.070  Application?
Procedure. 
17.80.080  Compliance with 
conditions of approval. 
17.80.090  Application?
Approval?Time limit. 
17.80.100  Application?Refiling 
limitations. 
17.80.110  Overall use standards. 
17.80.120  Specific use standards. 
17.80.130  Animal hospital or 
kennels. 
17.80.140  Automobile service 
stations. 
17.80.150  Material, vehicle and 
parts storage. 
17.80.160  Docks. 
17.80.170  Forest management. 
17.80.180  Manufactured dwelling 
parks. 
17.80.190  Tourist 
accommodations. 
17.80.200  Public facilities and 
services. 
17.80.210  Recreational vehicle 
parks. 
17.80.220  Places of congregation 
or meeting halls. 
17.80.230  Shoreline stabilization. 
17.80.240  Post office. 
17.80.250  Parks. 
17.80.260  Trails. 
17.80.270  Public parking facilities. 
17.80.280  Cottage industries. 
17.80.290  Dikes. 
17.80.300  Estuarine dredging. 
17.80.310  Estuarine fill. 
17.80.320  Estuarine bridge 
crossing. 
17.80.330  Estuarine pilings. 
17.80.350  Dredging and filling 
mitigation. 
 
17.80.010  Purpose. 
  The purpose of the conditional use 
process is to allow, when desirable, uses 
that would not be appropriate throughout a 
zoning district or without the restrictions in 
that district, but would be beneficial to the 
city if their number, area, location, design 
and relation to the surrounding property are 
controlled. (Ord. 79-4 ? 1 (6.010)) 
 
17.80.020  Authorization to grant or 
deny. 
  A.  Uses designated in this chapter as 
conditional uses may be permitted, 
enlarged or otherwise altered upon 
authorization by the planning commission, 
or denied by the planning commission. 
This will be done in accordance with the 
comprehensive plan, standards for the 
district, standards in Chapters 17.44 
through 17.78 and 17.90, additional zoning 
  17.80.030 
  4  (Cannon Beach 10-04) 
provisions, and other city ordinance 
requirements. The burden is upon the 
applicant to demonstrate that these 
requirements can be met. 
  B.  In permitting a conditional use or 
the modification of an existing conditional 
use that involves a housing type (e.g., 
planned unit developments, multifamily, 
manufactured dwelling park, manufactured 
dwelling subdivision), the planning 
commission may impose, in addition to 
those standards and requirements expressly 
specified for that use, other conditions 
which it considers necessary to protect the 
best interests of surrounding property or 
the city as a whole. These additional 
conditions are as follows: 
  1.  Increasing the required lot size or 
dimensions; 
  2.  Reducing the required height and 
size of buildings; 
  3.  Controlling the location and number 
of vehicle access points; 
  4.  Increasing the required off-street 
parking spaces; 
  5.  Increasing the required street width;  
  6.  Limiting the number, size, location 
and lighting of signs; 
  7.  Requiring diking, fencing, 
screening, landscaping, berms or other 
items to protect adjacent or nearby areas; 
  8.  Designating sites for open space; 
  9.  Specifying the types of materials to 
be used; 
  10. Specifying the time of year the 
activity may occur; 
  11. Specifying the type of lighting to be 
used. 
  C.  In permitting a conditional use, or 
the modification of a conditional use, other 
than a housing type, the planning 
commission may impose, in addition to 
those standards and requirements expressly 
specified for that use, other conditions 
which are necessary to protect the adjacent 
property, an identified resource, or the city 
as a whole. Such conditions may include 
those set out in subdivisions 1 through 11 
of subsection B of this secti
limited thereto. (Ord. 90-10 ? 1 (Appx. A ? 
47): Ord. 79-4 ? 1 (6.020)) 
 
17.80.030  Existing conditional uses. 
  In the case of a use existing prior to its 
present classification by the ordinance 
codified in this chapter as a conditional 
use, any change in use or in lot area or any 
alteration of a structure shall conform with 
the requirements dealing with conditional 
uses. (Ord. 79-4 ? 1 (6.030)) 
 
17.80.040  Performance bond. 
  The planning commission may require 
that the applicant for a conditi  
furnish to the city a performance bond up 
to, and not to exceed, the value of the cost 
of the required improvements in order to 
assure that the conditions imposed are 
completed in accordance with the plans 
and specifications as approved by the 
planning commission and that the 
standards established in granting the 
conditional use are observed. (Ord. 79-4 ? 
1 (6.040)) 
 
17.80.050  Application?Filing. 
  A property owner or their designated 
representative may initiate a request for a 
conditional use or the modification of any 
existing conditional use by filing an 
  17.80.060 
  5  (Cannon Beach 10-04) 
application with the city using forms 
prescribed by the city. (Ord. 89-3 ? 1 
(part): Ord. 79-4 ? 1(6.050)) 
 
17.80.060  Application?Investigation 
and reports. 
  The city manager shall make or cause to 
be made an investigation to provide 
necessary information to ensure that the 
action in each application is consistent with 
the requirements of this title and shall 
make a recommendation to the planning 
commission. (Ord. 89-3 ? 1 (part): Ord. 79-
4 ? 1 (6.060)) 
 
17.80.070  Application?Procedure. 
  The following procedure is followed in 
the event of an application for a 
conditional use:
  A.  Notice of public hearing shall be in 
accordance with Sections 17.88.010 
through 17.88.040. 
  B.  The planning commission shall 
review the conditional use application in 
accordance with Section 17.88.060. 
  C.  The planning commission decision 
shall be in accordance with Section 
17.88.110. 
  D.  Notification of the planning 
commission decision shall be in 
accordance with Section 17.88.130. 
  E.  The decision of the planning 
commission may be appealed in 
accordance with Sections 17.88.140 
through 17.88.190. (Ord. 89-3 ? 1 (part): 
Ord. 79-4 ? 1 (6.070)) 
 
17.80.080  Compliance with 
conditions of approval. 
  Compliance with conditions established 
for a conditional use and adherence to the 
submitted plans, as approved, is required. 
Any departure from these conditions of 
approval and approved plans constitutes a 
violation of this title. (Ord. 79-4 ? 1 
(6.080)) 
 
17.80.090  Application?Approval?
Time limit. 
  Authorization of a conditional use shall 
be void after one year or such lesser time 
as the authorization may specify unless 
substantial construction has taken place. 
However, when requested, the planning 
commission may extend authorization for 
an additional period not to exceed one 
year. (Ord. 79-4 ? 1 (6.090)) 
 
17.80.100  Application?Refiling 
limitations. 
  Applications for which a substantially 
similar application has been denied shall be 
heard by the planning commission only 
after a period of six months has elapsed 
from the date of the earlier decision. (Ord. 
79-4 ? 1 (6.100)) 
 
17.80.110  Overall use standards. 
  Before a conditional use is approved, 
findings will be made that the use will 
comply with the following standards:
  A.  A demand exists f
proposed location. Several factors which 
should be considered in determining 
whether or not this demand exists include: 
accessibility for users (such as customers 
and employees), availability of similar 
  17.80.120 
  6  (Cannon Beach 10-04) 
existing uses, availability of other 
appropriately zoned sites, particularly 
those not requiring conditional use 
approval, and the desirability of other 
suitably zoned sites for the use. 
  B.  The use will not create excessive 
traffic congestion on nearby streets or 
overburden the following p
and services: water, sewer, storm drainage, 
electrical service, fire protection and 
schools. 
  C.  The site has an adequate amount of 
space for any yards, buildings, drives, 
parking, loading and unloading areas, 
storage facilities, utilities or other facilities 
which are required by city ordinances or 
desired by the applicant. 
  D.  The topography, soils and other 
physical characteristics of the site are 
appropriate for the use. Potential problems 
due to weak foundation soils will be 
eliminated or reduced to the extent 
necessary for avoiding hazardous 
situations. 
  E.  An adequate site layout will be used 
for transportation activities. Consideration 
should be given to the suitability of any 
access points, on-site drives, parking, 
loading and unloading areas, refuse 
collection and disposal points, sidewalks, 
bike paths or other transportation facilities 
required by city ordinances or desired by 
the applicant. Suitability, in part, should be 
determined by the potential impact of these 
facilities on safety, traffic flow and control 
and emergency vehicle movements. 
  F.  The site and building design ensure 
that the use will be compatible with the 
surrounding area. (Ord. 92-11 ? 70; Ord. 
89-3 ? 57; Ord. 79-4 ? 1 (6.110)) 
 
17.80.120  Specific use standards. 
  In addition to the overall conditional use 
standards, the specific use standards of 
Sections 17.80.130 through 17.80.350 shall 
also be applied. (Ord. 92-11 ? 71: Ord. 79-
4 ? 1 (6.120)) 
 
17.80.130  Animal hospital or kennels.
  Animal hospital or kennel pens shall be 
enclosed to the extent that noise does not 
affect adjacent property. Kennels shall be 
connected to city sewers for animal waste 
disposal. (Ord. 79-4 ? 1 (6.140)) 
 
17.80.140  Automobile service 
stations. 
  Automobile service stations shall be 
located on a site of at least ten thousand 
square feet. (Ord. 79-4 ? 1 (6.150)) 
 
17.80.150  Material, vehicle and parts 
storage. 
  Materials, vehicles or parts used in boat 
building, cabinet, carpentry or other 
contractor?s shops, machine shops or 
vehicle repair shall be stored in an 
enclosed structure, or, where that is 
impractical, behind fences or vegetative 
buffers. Odors, fumes, sawdust or other 
emissions shall be controlled so as not to 
affect adjacent property. Noise standards of 
the Department of Environmental Quality 
shall be adhered to. As much tree cover as 
possible shall be maintained on the 
property. A buffer, as specified by Chapter 
17.66 shall be maintained between the use 
and adjacent uses or public streets. (Ord. 
79-4 ? 1 (6.160)) 
 
  17.80.160 
  7  (Cannon Beach 10-04) 
17.80.160  Docks. 
  Single-purpose, private docks shall not 
be permitted. Floating docks shall not rest 
on the creek bottom at low tide. Floats 
shall be adequately secured to the bank. 
Where floating docks are unfeasible, a 
fixed dock may be permitted where a 
finding is made that it is consistent with the 
resource capability and the purpose of the 
estuary zone. All docks must have permits 
from the Division of State Lands and the 
U.S. Army Corps of Engineers. Navigation 
or recreational use of the water shall not be 
impeded. Hydraulic (erosional) effects on 
adjacent shorelines shall be minimized by 
design of the dock. A very limited number 
of common or public docks may be 
permitted. (Ord. 79-4 ? 1 (6.170)) 
 
17.80.170  Forest management. 
  A.  Purpose. The purpose of this section 
is to ensure that forest practices are carried 
out in a manner that will protect soil 
integrity, water quality, fish and wildlife 
habitat, riparian vegetation, significant 
natural resources, scenic values and 
adjacent urban uses. 
  B.  Applicability. The following 
activities are considered forest 
management practices and are subject to 
the provisions of this section:
  1.  Harvesting of trees for commercial 
purposes including but not limited to 
falling, bucking, yarding, decking, loading 
or hauling of such trees; 
  2.  Construction, reconstruction and 
improvements of roads as part of a forest 
harvesting operation; 
  3.  Site preparation for reforestation 
involving clearing or the use of heavy 
machinery; 
  4.  Clearing of forest land for 
conversion to a nonforest use; 
  5.  Disposal and treatment of slash; 
  6.  Precommercial thinning. 
  C.  Exceptions. The removal of trees 
pursuant to Chapter 17.70 is not considered 
a forest management practice. 
  D.  Forest Management Plan Approval 
Required. 
  1.  As part of a conditional use 
application, a forest management plan 
prepared by a forester shall be submitted. 
  2.  The written forest management plan 
shall contain specific information 
applicable to the proposed operation. 
Elements of the plan shall include, but not 
be limited to, the location of roads and 
landings, road and landing design and 
construction, drainage systems, disposal of 
waste material, falling and bucking, buffer 
strips, yarding system and layout, sensitive 
resource site protection measures and post-
operation stabilization measures. 
  3.  The city shall select a forester from 
its list of foresters to prepare the plan. The 
applicant shall be billed for the cost of the 
plan preparation as well as the cost of 
monitoring the forest management 
operation. 
  4.  The forest management  plan shall 
conform to the standards of subsection E of 
this section. 
  5.  In the preparation of the forest 
management plan, the forester shall consult 
with state and federal agencies concerned 
with the forest environment, such as the 
  17.80.170 
  8  (Cannon Beach 10-04) 
Department of Fish and Wildlife, to obtain 
relevant information. 
  6.  The landowner and/or operator shall 
comply with the approved forest 
management plan. 
  7.  Modifications to the approved plan 
shall be reviewed by the planning 
commission. Modification of an approved 
plan shall be required when, based on 
information that was not available or 
known at the time of the approval, the 
forester determines the approved plan will 
no longer provide adequate protection to 
the natural resources of the site. 
  8.  The forester shall monitor the forest 
operation to ensure that it is carried out in 
accordance with the approved plan. Upon 
completion of the operation the forester 
shall prepare a report certifying that the 
operation was carried out in compliance 
with the approved plan. 
  E.  Standards. Forest management plans 
shall be prepared in conformance with the 
following standards: 
  1.  Only selective harvesting of trees is 
permitted. The forester shall determine the 
site?s total basal area. Trees with a 
diameter, measured at breast height, of less 
than six inches shall not be included in the 
calculation of the site?s basal area. An 
initial plan, or any subsequent plan, shall 
propose removing no more than an 
aggregate of fifty percent of the total basal 
area existing on the site at the time the 
initial application for harvesting is 
submitted to the city. In addition, no more 
than sixty percent of the site?s total number 
of trees, which have a minimum diameter 
of six inches at breast height, shall be 
removed. Trees with a diameter of less 
than six inches at breast height shall not be 
removed. 
  2.  A riparian zone shall be maintained 
adjacent to both class I and class II waters. 
The width of the riparian zone shall be 
twenty-five feet on either side of class II 
waters. The width of the riparian zone shal
be fifty feet on either side of class I waters. 
There shall be no harvesting of trees in the 
riparian zone. Other activities in 
conjunction with forest practices, such as 
road construction, in the riparian zone shall 
be permitted only where there are no 
feasible alternatives. The definitions of 
class I and class II waters shall be those 
established in the Forest Practices Rules 
629-24-101. 
  3.  Existing stream courses shall not be 
altered. 
  4.  No forest management operations 
shall occur in identified wetland areas. 
  5.  Where a forest operation is to be 
located within six hundred feet of a 
specific site involving a threatened or 
endangered species (as listed by the U.S. 
Fish and Wildlife Service or the Oregon 
Department of Fish and Wildlife) or a 
sensitive bird nesting, roosting or watering 
site, a specific habitat-protection plan shall 
be prepared in consultation with the 
Oregon Department of Fish and Wildlife. 
  6.  There shall be no subsurface mining 
as part of a forest operation. 
  7.  Forest practices shall not involve the 
application of herbicides, insecticides or 
rodenticides. 
  8.  Slash shall be controlled in a 
manner that does not require burning. 
  9.  Road construction shall be in 
accordance with the criteria of the Forest 
  17.80.180 
  9  (Cannon Beach 10-04) 
Practices Rules 629-24-521 to 629-24-523 
(1990). 
  10. Harvesting of trees shall be in 
accordance with the criteria of the Forest 
Practices Rules 629-24-542 to 629-24-545 
(1990). 
  11. Reforestation of lands intended to 
continue in forest use shall be stocked 
according to the levels specifi  
Forest Practices Rules 629-24-501 (1990). 
The forest management plan shall include 
specified actions necessary for the 
maintenance of planted trees. Within one 
year following the harvest on lands not 
planned for reforestation, adequate 
vegetative cover shall be established to 
provide soil stabilization and to minimize 
aesthetic impacts within one year 
following the harvest. 
  12. No trees shall be harvested within 
fifty feet of the U.S. Highway 101 right-of-
way. Trees located in this area shall not be 
included in the calculation of the site?s 
initial basal area. 
  13. Overall conditional use standard, 
Section 17.80.110(A), shall not be 
applicable to forest management. (Ord. 94-
23 ?? 1, 2; Ord. 90-10 ? 1 (Appx. A ? 48): 
Ord. 79-4 ? 1 (6.180)) 
 
17.80.180  Manufactured dwelling 
parks. 
  The following specific conditional use 
standards shall apply to manufactured 
dwelling parks:
  A.  A manufactured dwelling park shall 
conform to state standards in effect at the 
time of construction; 
  B.  Spaces in manufactured dwelling 
parks shall be sized as follows:
  1.  Spaces for double-wide units 
(twenty-four to twenty-eight feet wide) 
shall be a minimum of five thousand 
square feet, 
  2.  Spaces for single-wide units 
(fourteen to sixteen feet wide) shall be four 
thousand square feet. 
  3.  Spaces for ?park model? units (eight 
feet wide) shall be three thousand square 
feet. Park model units are defined as small 
manufactured dwellings designed for 
permanent occupancy, and do not include 
recreational vehicles; 
  C.  Spaces shall be clearly defined and 
shall be exclusively used for the private 
use of the tenant of the space. 
  D.  Manufactured dwellings shall be 
located within their designated spaces, so 
that the setbacks are:
  1.  Front yard, fifteen feet, 
  2.  Side yards, five feet, 
  3.  Rear yard, fifteen feet; 
  E.  Manufactured dwellings shall be 
located at least twenty-five feet from the 
property lines of the manufactured 
dwelling park; 
  F.  Manufactured dwellings placed in 
the manufactured dwelling park shall 
conform to the provisions  of Chapter 
17.38, the flood hazard protection 
standards; 
  G.  Streets in a manufactured dwelling 
park may be dedicated to the city, or may 
be retained in private ownership. Private 
streets shall be constructed to city 
standards, except that two-way streets may 
be eighteen feet wide and one-way lanes 
may be twelve feet wide. Storm drainage 
facilities shall be installed throughout the 
manufactured dwelling park. Streets 
  17.80.190 
  10  (Cannon Beach 10-04) 
dedicated to the city shall meet city 
standards. All streets shall be approved by 
the public works director. Each 
manufactured dwelling space shall abut a 
street for a minimum distance of twenty 
feet; 
  H.  Easements necessary for public 
utilities and installation of fire hydrants 
shall be required by the public works 
director, at appropriate locations; 
  I.  The planning commission may 
require buffers of sight-obscuring fences, 
hedges and/or beans, between the 
manufactured dwelling park and adjacent 
property, and between potentially 
conflicting uses such as campgrounds or 
accessory uses. Buffering may be waived 
where it is unnecessary due to 
topographical features or existing tree 
cover; 
  J.  A minimum of twenty percent of the 
overall area of the park shall be devoted to 
common open space, including buffers. 
Open space may also include playgrounds, 
natural areas, streams and wetlands, but 
shall not include individual setback areas, 
streets or utility areas; 
  K.  Manufactured dwellings shall bear 
the Oregon Insignia of Compliance and 
conform to the standards of the Department 
of Commerce; 
  L.  Manufactured dwellings shall have a 
continuous skirting of nondecaying, 
noncorroding material which shall be 
installed within thirty days of placement of 
the unit; 
  M.  All manufactured dwellings shall be 
installed with tie-downs to protect the 
manufactured dwelling against wind and 
storm damage. Tie-downs shall be installed 
prior to occupancy of the unit; 
  N.  Manufactured dwellings shall 
conform to the parking requirements for 
single-family dwellings, as specified in 
Chapter 17.78; 
  O.  Signs shall be in conformance wi
Chapter 17.56. (Ord. 90-10 ? 1 (Appx. A ? 
49); Ord. 79-4 ? 1 (6.185)) 
 
17.80.190  Tourist accommodations. 
  In residential zones, motels or other 
tourist accommodations shall maintain 
residential yard requirements or setbacks. 
Outdoor lighting or signs shall not cast 
glare onto adjacent residential property or 
the beach. Traffic ingress and egress shall 
be onto other than residential streets, 
except that access points onto major streets 
shall be minimized. A commercial or 
recreational use associated with a motel 
shall be located so as not to adversely 
affect adjacent property by its hours of 
operation, noise, traffic generation, signs or 
lighting. (Ord. 79-4 ? 1 (6.190)) 
 
17.80.200  Public facilities and 
services. 
  The following specific conditional use 
standards apply to public facilities and 
services: 
  A.  Public facilities including, but not 
limited to, utility substations, sewage 
treatment plants, stormwater and treated 
wastewater outfalls, submerged cables, 
sewer lines and water lines, water storage 
tanks, radio and television transmitters, 
electrical generation and transmission 
devices and fire stations shall be located so 
as to best serve the community or area with 
  17.80.210 
  11  (Cannon Beach 10-04) 
a minimum of impact on neighborhoods, 
and with consideration for natural or 
aesthetic values. Structures shall be 
designed to be as unobtrusive as possible. 
Wherever feasible, all utility components 
shall be placed underground. 
  B.  Public facilities and services 
proposed within estuarine areas shall 
provide findings that: 
  1.  An estuarine location is required 
and a public need exists, and 
  2.  Alternative nonaquatic locations are 
unavailable or impractical, and 
  3.  Dredge, fill and adverse impacts are 
avoided or minimized. 
  C.  Public facilities and services in 
estuarine areas shall minimize interference 
with use and public access to the estuary. 
(Ord. 79-4 ? 1 (6.200)) 
 
17.80.210  Recreational vehicle parks. 
  The following specific conditional use 
standards apply to recreational vehicle 
parks: 
  A.  Recreational vehicle (RV) parks or 
camping areas shall be in conformance 
with the standards of the Oregon Health 
Department; 
  B.  RV parks shall be at least three 
acres in size; 
  C.  RV parks shall be connected to city 
services, including sewer, water and storm 
drainage. Parks shall also be connected to 
power and communications services. The 
ratio of lavatories and toilet facilities to RV 
spaces shall be prescribed by state law; 
  D.  There shall be at least two thousand 
five hundred square feet of total area per 
recreational vehicle, overall. Individual RV 
spaces shall not be less than one thousand 
five hundred square feet; 
  E.  Streets or private drives and pads 
shall be surfaced with asphaltic concrete or 
oil mat surfacing material. Interior streets 
or private drives shall not be less than 
twenty feet for two-way streets, or fifteen 
feet for one-way streets; 
  F.  Buffers of at least fifty feet shall be 
required in order to separate parks from 
surrounding residential uses or public 
streets or roads. A sight-obscuring fence or 
plantings shall be required except in clear-
vision areas; 
  G.  Where existing tree cover is present, 
it shall be retained on the site. Camping 
spaces shall be constructed so as not to 
harm root systems by fill; 
  H.  Camping spaces, restrooms, parking 
areas and other structures or alterations 
shall be at least fifty feet from streams or 
bodies of water to maintain riparian 
vegetation and the scenic values of the 
area. Public access shall be maintained to 
the water; 
  I.  Dumping into the city sewer system 
of holding tanks containing chemically-
treated wastes shall not be permitted. 
  J.  A park trailer may be placed for 
dwelling purposes subject to the 
installation of state-approved tie-down 
devices. The total number of park trailers 
placed in a recreational vehicle park for 
dwelling purposes shall not exceed twenty-
five percent of the total number of 
approved recreational vehicle spaces in 
that park. The minimum area of a 
recreational vehicle space used for the 
placement of a park trailer used for 
dwelling purposes shall be one thousand 
  17.80.220 
  12  (Cannon Beach 10-04) 
five hundred square feet. (Ord. 91-3 ? 2; 
Ord. 90-10 ? 1 (Appx. A ? 50); Ord. 79-4 ? 
1 (6.210)) 
 
17.80.220  Places of congregation or 
meeting halls. 
  The sites of schools, churches, 
museums, lodges or meeting halls shall be 
located so as to serve the surrounding area. 
Traffic will not congest residential streets, 
the structures will be designed or 
landscaped so as to blend into the 
surrounding environment and the activities 
or hours of operation will be controlled to 
avoid noise or glare impacts on adjacent 
uses. (Ord. 79-4 ? 1 (6.220)) 
 
17.80.230  Shoreline stabilization. 
  The following specific conditional use 
standards apply to shoreline stabilization:
  A.  Beachfront protective structures 
seaward of the Oregon Coordinate Line, 
require a permit from the Oregon Parks 
and Recreation Department and the city. 
Beachfront protective structures landward 
of the Oregon Coordinate Zone Line 
requiring more than fifty cubic yards of 
material may require a permit under the 
Oregon Removal Fill Law. All beachfront 
protective structures landward of the 
Oregon Coordinate Line require a permit 
from the city. 
  B.  Shoreline stabilization along the 
Ecola Creek Estuary requires a permit from 
the U.S. Army Corps of Engineers, the 
Oregon Division of State Lands, if it 
involves more than fifty cubi
the city. 
  C.  The city?s review of beachfront 
protective structures, both landward and 
seaward of the Oregon Coordinate Line, 
shall be coordinated with the Oregon Parks 
and Recreation Department. The city?s 
review of shoreline stabilization al
Ecola Creek Estuary shall be coordinated 
with the U.S. Army Corps of Engineers 
and the Oregon Division of State Lands. 
  D.  Shoreline Stabilization Priorities. 
  1.  The priorities for shoreline 
stabilization for erosion control are, from 
highest to lowest: 
  a.  Proper maintenance of existing 
riparian vegetation; 
  b.  Planting of riparian vegetation; 
  c.  Vegetated rip-rap; 
  d.  Nonvegetated rip-rap;  
  e.  Bulkhead or seawall. 
  2.  Where rip-rap, bulkheads or 
seawalls are proposed as protective 
measures, evidence shall be provided that 
high priority methods of erosion control 
will not work. 
  E.  Qualifications for Beachfront 
Protection. 
  1.  Structural shoreline stabilization 
methods for beachfront protection shall be 
permitted only if:
  a.  There is a critical need to protect 
property that is threatened by erosion 
hazard; 
  b.  Impacts on adjacent property are 
minimized; 
  c.  Visual impacts are minimized; 
  d.  Access to the beach is maintained;  
  e.  Long-term or recurring costs to the 
public are avoided; and 
  f.  Riparian vegetation is preserved as 
much as possible. 
  17.80.230 
  13  (Cannon Beach 10-04) 
  2.  These criteria shall apply to 
structural shoreline stabilization both east 
and west of the State Zone Line. 
  F.  Beachfront protective structures for 
beach and dune areas shall be permitted 
only where devel  
January 1, 1977. ?Development? means 
houses, commercial and industrial 
buildings and vacant subdivision lots 
which are physically improved through 
construction of streets and provision of 
utilities to the lot and includes areas where 
a Goal 18 exception has been approved. 
Notwithstanding that the comprehensive 
plan and a map made part of the ordinance 
codified in this title identify property 
where development existed on January 1, 
1977, owners whose property is identified 
as undeveloped on January 1, 1977 shall 
have a right to a hearing as provided in 
Chapter 17.88, as amended, to determine 
whether development did or did not exist 
on the property on January 1, 1977. 
  G.  Structural shoreline stabilization 
methods along Ecola Creek Estuary shall 
be permitted only if the following criteria 
are met: 
  1.  A need (i.e., a substantial public 
benefit) is demonstrated and the use or 
alteration does not unreasonably interfere 
with public trust rights, and:
  a.  No feasible alternative upland 
locations exist, and 
  b.  Adverse impacts are minimized; 
  2.  Flooding or erosion is threatening 
an established use on a subject property; 
  3.  The proposed project will not 
restrict existing public access to publicly 
owned lands or interfere with the normal 
public use of fishery, recreation or water 
resources; 
  4.  Visual impacts are minimized; 
  5.  The proposed project will not 
adversely impact adjacent aquatic areas or 
nearby property through increased erosion, 
sedimentation, shoaling or other changes in 
water circulation patterns. An affidavit 
from a registered engineer, geologist or 
hydrologist may be required to 
demonstrate this; 
  6.  The project is timed to minimize 
impacts on aquatic life; 
  7.  Long-term or recurring costs to the 
public are avoided. 
  H.  Rip-rap shall  be placed in 
accordance with the city?s design criteria. 
Structural shoreline stabilization shall be 
designed by a registered engineer if the 
city?s design criteria for rip-rap are not 
used, or if landslide retention is a factor in 
the placement of the shoreline protection 
structure. All structural shoreline 
stabilization shall be covered with fill 
material such as soil, clay or sand and 
revegetated with beach grass, willow or 
other appropriate vegetation. This 
requirement shall apply to replacement or 
repair of existing rip-rap as well as new 
construction. 
  I.  The shoreline protection structure 
shall be the minimum necessary to provide 
the level of protection required. 
  J.  The emergency placement of rip-rap 
to protect buildings from an imminent 
threat shall be permitted without a permit. 
However, the city, Oregon Parks and 
Recreation Department and the Oregon 
Division of State Lands shall be notified 
when rip-rap is placed along the 
  17.80.240 
  14  (Cannon Beach 10-04) 
beachfront. The city, Oregon Division of 
State Lands and the U.S. Army Corps of 
Engineers shall be notified when rip-rap is 
placed along the Ecola Creek Estuary. 
Measures taken as a result of emergency 
conditions will be inspected. Alteration or 
removal of the material placed to conform 
to city and state standards may be required. 
  K.  Proposals to repair existing rip-rap, 
bulkheads or seawalls shall be reviewed by 
the building official. If the building official 
determines the proposed repair involves a 
major change in the extent of rip-rap, 
bulkheading or the seawall, the proposal 
shall be reviewed by the planning 
commission as a conditional use. If the 
proposed repair is determined to not 
involve a major change, a development 
permit is required. Repairs to rip-rap shall 
conform to the city?s design criteria for rip-
rap. 
  L.  The city may require that proposed 
structural shoreline stabilization abutting a 
street end, or other public right-of-way, 
incorporate steps, paths or other physical 
improvements to enhance public access to 
coastal waters. (Ord. 95-21 ? 4: Ord. 94-08 
?? 16?18; Ord. 89-3 ? 1 (part); Ord. 86-
10 ? 11: Ord. 79-4 ? 1 (6.230)) 
 
17.80.240  Post office. 
  The main post office of the city shall be 
located in the downtown area C-1 zone, 
except that a branch may be located in the 
commercial zone of Tolovana Park. (Ord. 
79-4 ? 1 (6.240)) 
 
17.80.250  Parks. 
  New park projects or major 
improvements, both city and state, shall be 
reviewed by the city parks board and the 
design review board to ensure that such 
projects are aesthetically compatible with 
their surroundings in terms of open space, 
landscaping, scale and architecture. Public 
need will be demonstrated through 
evidence of increased demand on existing 
facilities, and the support of citizens and 
visitors for the proposed facility. (Ord. 79-
4 ? 1 (6.250)) 
 
17.80.260  Trails. 
  The construction of trails and the 
anticipated level of trail usage shall have a 
negligible impact on the area?s open space 
values. (Ord. 79-4 ? 1 (6.260)) 
 
17.80.270  Public parking facilities. 
  A public parking facility shall be 
reviewed by the design revi  
subject to pertinent criteria in Chapters 
17.44 and 17.78 of this title. (Ord. 79-4 ? 1 
(6.270)) 
 
17.80.280  Cottage industries. 
  A.  The following specific conditional 
use standards apply to cottage industries:
  1.  Materials, vehicles or parts shall be 
stored in an enclosed structure; 
  2.  Noise, odor, smoke, gases, fallout, 
vibration, heat or glare resulting from the 
cottage industry shall not be detectable 
beyond the limits of the property; 
  3.  Sight-obscuring landscaping of at 
least twenty feet in width shall be 
maintained between the use and adjacent 
properties or public streets; 
  4.  The use must be a low-traffic 
generator; 
  17.80.290 
  15  (Cannon Beach 10-04) 
  5.  Other than family members residing 
on the premises, no more than one other 
employee may be hired; 
  6.  Signs shall not exceed one square 
foot in area and shall comply with the 
provisions of Chapter 17.56; 
  7.  Off-street parking and access shall 
be designed to be adequate for customers 
without creating a commercial parking lot 
appearance on the site. Chapter 17.78 shall 
apply; 
  8.  Uses involving nonresident 
employees and the delivery of materials 
shall limit their hours of operation to 
between 8:00 a.m. and 6:00 p.m.; 
  9.  Waste disposal shall comply with 
Department of Environmental Quality 
requirements; 
  10. A structure built to house a cottage 
industry shall be reviewed by the design 
review board subject to pertinent criteria in 
Chapter 17.44; 
  11. The cottage industry shall only be 
operated by residents of the property and 
shall not be leased, sold, conveyed or any 
interest therein transferred separately from 
the residence. 
  B.  The planning commission shall 
review cottage industries upon the receipt 
of two written complaints of violations of 
these standards from two separate 
households within two hundred fifty feet of 
the boundary of the affected property, or a 
complaint from the planning commission. 
The planning commission shall hold a 
public hearing to review the complaints. 
  C.  The planning commission shall hear 
the evidence presented, and may, with 
adequate findings of fact: 
  1.  Approve the use as it exists; or 
  2.  Require that it be terminated; or 
  3.  Impose restrictions such as limiting 
hours of operation. 
  Decisions of the planning commission 
may be appealed to the city council. 
  D.  New complaints which are 
substantially similar to those previously 
acted upon will be heard by the planning 
commission only after a period of six 
months has elapsed from the date of the 
earlier decision, unless the planning 
commission believes that any restrictions it 
has imposed have not been followed. (Ord. 
79-4 ? 1 (6.275)) 
 
17.80.290  Dikes. 
  The following specific conditional use 
standards apply to dikes: 
  A.  The outside face of the dike shall be 
suitably protected to prevent erosion 
during new dike construction and during 
maintenance of existing dikes. Applicable 
standards for shoreline stabilization shall 
be met. However, trees, brush and shrubs, 
which jeopardize the structural integrity of 
dikes, should be excluded from 
revegetation plans. 
  B.  New dike alignment and 
configuration shall not cause an increase in 
erosion or shoaling in adjacent areas or an 
appreciable increase in backwater 
elevation. Channelization of the waterway 
shall be avoided. 
  C.  Where new dikes are shown to be 
necessary for flood protection, new dikes 
shall be placed on  shorelands and not in 
aquatic areas. Where this is not feasible, an 
exception to Statewide Planning Goal 16, 
Estuarine Resources, is required. (Ord. 
9521 ? 6: Ord. 79-4 ? 1 (6.280)) 
  17.80.300 
  16  (Cannon Beach 10-04) 
 
17.80.300  Estuarine dredging. 
  The following specific conditional use 
standards apply to dredging:
  A.  Dredging in Aquatic Areas. 
  1.  Dredging in aquatic areas shall only 
be permitted if required for one or more of 
the following uses and activities:
  a.  Temporary alterations; 
  b.  An approved restoration or estuarine 
enhancement project; 
  c.  Bridge crossing support structures;  
  d.  Submerged cable, sewer line, water 
line or other pipeline. 
  2.  The above mentioned dredging in 
aquatic areas shall be allowed only if:
  a.  A need (i.e., a substantial public 
benefit) is demonstrated and the use or 
alteration does not unreasonably interfere 
with public trust rights; 
  b.  No feasible alternative upland 
locations exist; and 
  c.  Adverse impacts are minimized. 
  B.  When dredging is permitted, the 
dredging shall be the minimum necessary 
to accomplish the proposed use. 
  C.  Erosion, sedimentation, increased 
flood hazard and other undesirable changes 
in circulation shall be avoided. 
  D.  The timing of dredging shall be 
coordinated with state and federal resource 
agencies, local governments and private 
interests, to ensure adequate protection of 
estuarine resources (fish runs, spawning, 
benthic productivity, wildlife, etc.) and to 
minimize interference with recreational 
fishing activities. 
  E.  Adverse short-term effects of 
dredging such as turbidity,  release of 
nutrients, heavy metals, sulfides, organic 
material or toxic substances, dissolved 
oxygen depletion, disruption of the food 
chain, loss of benthic productivity, and 
disturbance of fish runs and important 
localized biological communities shall be 
minimized. 
  F.  Impacts on areas adjacent to the 
dredging project such as destabilization of 
fine-textured sediments, erosion, siltation 
and other undesirable changes in 
circulation patterns, shall be minimized. 
(Ord. 95-21 ? 7: Ord. 94-29 ? 5; Ord. 86-
10 ? 12: Ord. 79-4 ? 1 (6.290)) 
 
17.80.310  Estuarine fill. 
  The following specific conditional use 
standards apply to estuarine fill:
  A.  Basic Requirements. 
  1.  Fill in estuarine areas shall be 
permitted only if required for:
  a.  Maintenance and protection of man-
made structures existing as of October 7, 
1977; 
  b.  Active restoration or estuarine 
enhancement; 
  c.  Bridge crossing support structures; 
  d.  Temporary alterations; 
  e.  In conjunction with a use for which 
an exception has been taken. 
  2.  Filing in estuarine areas shall be 
allowed only if:
  a.  A need (i.e., a substantial public 
benefit) is demonstrated and the use or 
alteration does not unreasonably interfere 
with public trust rights; 
  b.  No alternative upland locations 
exist; and 
  c.  Adverse impacts are minimized. 
  17.80.320 
  17  (Cannon Beach 10-04) 
  B.  The applicant shall present evidence 
that impacts on the following will be 
minimized:
  1.  Fish and wildlife habitats and 
essential properties of the estuarine 
resource (e.g., dynamic geologic processes, 
continued biological productivity, unique 
or endemic communities or organisms, 
species diversity); 
  2.  Water quality and water circulation;  
  3.  Recreational use of the estuary. 
  C.  A fill shall be the minimum 
necessary to achieve the proposed use. 
  D.  The fill?s exterior shall be suitably 
stabilized. (Ord. 95-21 ? 8: Ord. 86-10 ? 
13: Ord. 79-4 ? 1 (6.300)) 
 
17.80.320  Estuarine bridge crossing. 
  The following specific conditional use 
standards apply to bridge crossings:
  A.  Land transportation facilities shall 
not be located in estuarine areas except 
where bridge crossings are needed and 
where no feasible alternative upland route 
exists. 
  B.  The applicant shall present evidence 
that the proposed bridge crossing will 
minimize impacts on the following:
  1.  Fish and wildlife habitats and 
essentia l properties of the estuary; 
  2.  Water quality and water circulation; 
  3.  Recreational use of the estuary, 
including public access. 
  C.  A public need for the bridge shall be 
demonstrated. (Ord. 94-29 ? 6; Ord. 86-10 
? 14: Ord. 79-4 ? 1 (6.310)) 
 
17.80.330  Estuarine pilings. 
  The following specific conditional use 
standards apply to pilings: 
  A.  A need (i.e., a substantial public 
benefit) is demonstrated and the use or 
alteration does not unreasonably interfere 
with public trust rights, and:
  1.  No feasible  alternative upland 
locations exist; and 
  2.  Adverse impacts are minimized. 
  B.  Piling installation shall be permitted 
only in conjunction with a permitted or 
conditional use. 
  C.  Piling installation shall be the 
minimum necessary to accomplish the 
proposed use. 
  D.  The applicant shall present evidence 
that the proposed piling is designed and 
constructed to minimize adverse impacts 
on the following:
  1.  Boating; 
  2.  Aquatic life and habitat; 
  3.  Water circulation and sediment 
transport; 
  4.  Water quality; 
  5.  Recreational uses. (Ord. 95-21 ? 9: 
Ord. 94-29 ? 7; Ord. 79-4 ? 1 (6.320)) 
 
17.80.350  Dredging and filling 
mitigation. 
  Mitigation for dredge or fill within 
estuarine waters or intertidal wetlands shall 
be required by the director of the Division 
of State Lands (under the provisions of 
ORS 541.605 through 541.665). The 
suitability of a mitigation proposal for a 
given project shall be determined by the 
director of the Division of State Lands. 
(Ord. 89-3 ? 1 (part): Ord. 79-4 ? 1 
(6.335)) 
 
 
 
  17.82.010 
  308-1  (Cannon Beach Supp. No. 8, 6 -05) 
Chapter 17.82 
 
NONCONFORMING LOTS, USES 
AND STRUCTURES?PRE-EXISTING 
USES 
 
Sections: 
17.82.010  Purpose. 
17.82.020  Nonconforming lots. 
17.82.030  Nonconforming uses. 
17.82.040  Nonconforming 
structures. 
17.82.050  Prior approval. 
17.82.060  Pre-existing uses. 
17.82.080  Nonconforming private 
parking lot. 
 
17.82.010  Purpose. 
  The purpose of the pre-existing use 
section is to minimize the hardship on land 
use activities that were subject to 
restrictive zone changes or zoning 
ordinance text amendments, occurring after 
the adoption of Ordinance 79-4A on June 
19, 1979, which were adopted to carry out 
overall comprehensive plan policies. As a 
result of these zone boundary or zoning 
ordinance text amendments, some land use 
activities no longer comply with the 
regulations of this title.  The pre-existing 
use regulations are a means to provide 
these affected uses the same general rights 
as those of their previous use zone. The 
regulations provide flexibility for 
expansion of the pre-existing use and as 
such are intended to be less restricti
the nonconforming use provisions of 
Section 17.82.030. (Ord. 92-12 ? 3: Ord. 
88-11 ? 2: Ord. 79-4 ? 1 (7.010)) 
 
17.82.020  Nonconforming lots. 
  If a lot or the aggregate of contiguous 
lots held in a single ownership as recorded 
in the office of the county clerk at the time 
of the passage of the ordinance codified in 
this chapter has an area or dimension 
which does not meet the lot size 
requirements of the zone in which the 
property is located, the lot or the aggregate 
of contiguous lots may be occupi
use permitted in the zones, subject to the 
other requirements of the zone, provided 
that, if there is an area deficiency, 
residential use shall be limited to a single-
family dwelling. However, no dwelling 
shall be built on a lot with less than two 
thousand five hundred square feet. (Ord. 
85-1 ? 2: Ord. 79-4 ? 1 (7.020)) 
 
17.82.030  Nonconforming uses. 
  The following provisions apply to 
nonconforming uses: 
  A.  Definition. ?Nonconforming use? 
means a use which existed at the time the 
city?s zoning ordi  
December 1, 1969, and which did not 
conform to the use requirements of the 
zone in which it was located. 
  B.  Requirements. Nonconforming uses 
are subject to the following requirements:
  1.  Reconstruction. If a structure 
devoted to a nonconforming use is 
destroyed or damaged by any cause other 
than actions of the owner of that structure 
or his agents, that structure may be rebuilt. 
The construction or reconstruction of the 
structure shall: 
  a.  Conform to the setbacks, building 
height and floor area of the structure prior 
to damage or destruction; or 
  17.82.030 
  308-2  (Cannon Beach Supp. No. 8, 6 -05) 
  b.  Conform to the setbacks, building 
height and other requirements of the zone 
in which it is located. 
  A building permit for the construction or 
reconstruction of a structure devoted to a 
nonconforming use thus damaged or de- 
 
  17.82.040 
  3  (Cannon Beach 10-04) 
stroyed shall be obtained within one year 
of the date that the damage or destruction 
occurred. If a building permit is not 
obtained within one year, the use of the 
property shall be in conformance with the 
requirements of the zone in which it is 
located. 
  2.  Alteration. A structure devoted to a 
nonconforming use may be structurally 
altered, but not enlarged or altered in a 
manner that changes the external 
dimensions of the structure. 
  3.  Expansion. A structure devoted to a 
nonconforming use may not be enlarged, 
expanded or reconstructed. 
  C.  Change of Use. A nonconforming 
use may be changed to a conforming use. 
However, after a nonconforming use is 
changed to a conforming use it shall 
thereafter not be changed to a use that does 
not conform to the use zone in which it is 
located. 
  D.  Discontinuance of Use. 
  1.  If a nonconforming use involving a 
structure is discontinued for a period of 
one year, further use of the property shall 
conform to this chapter. 
  2.  If a nonconforming use not 
involving a structure is discontinued for a 
period of six months, further use of the 
property shall conform to this chapter. 
(Ord. 88-11 ? 3 : Ord. 869 ? 1: Ord. 79-4 ? 
1 (7.030)) 
 
17.82.040  Nonconforming structures. 
  The following provisions  apply to 
nonconforming structures: 
  A.  Where a lawful structure exists at 
the effective date of adoption or 
amendment of the ordinance codified in 
this chapter that could no longer be built 
under the terms of this chapter by reason of 
restrictions on area, building coverage, 
height, yards, its location on the lot, or 
other requirements concerning the 
structure, such structure may continue so 
long as it remains otherwise lawful. 
  B.  A nonconforming structure may be 
altered in a way that does not increase its 
nonconformity so long as the proposed 
alteration (within a three-year period) does 
not exceed fifty percent of the fair market 
value of the building, as indicated by the 
records of the county assessor. Alterations 
in excess of fifty percent of the fair market 
value of the building may be authorized in 
accordance with the provisions of Chapter 
17.64, Setback Reduction. 
  C.  A nonconforming structure may be 
enlarged in a way that does not increase its 
nonconformity provided that the total 
building coverage does not exceed forty 
percent. 
  D.  The enlargement or alteration of a 
nonconforming structure in a way that 
increases its nonconformity may be 
authorized in accordance with the 
provisions of Chapter 17.64, Setback 
Reduction. 
  E.  Any structure or portion thereof 
may be altered to decrease its 
nonconformity. 
  F.  If a nonconforming structure or 
nonconforming portion of a structure is 
destroyed by any means to an extent 
amounting to eighty percent of its fair 
market value as indicated by the records of 
the county assessor, it shall not be 
reconstructed except in conformity with 
the provisions of this title. (Ord. 92-11 ?? 
  17.82.050 
  4  (Cannon Beach 10-04) 
72, 73; Ord. 89-3 ? 1 (part); Ord. 85-3 ? 3; 
Ord. 79-4 ? 1 (7.040)) 
 
17.82.050  Prior approval. 
  Nothing contained in this chapter shall 
require  any change in the plans, 
construction, alteration or designated use 
of a structure for which a legal permit has 
been issued by the city and construction 
has begun, provided the structure, if 
nonconforming or intended for a 
nonconforming use, is completed and is 
used within two years from the time the 
permit was issued. (Ord. 79-4 ? 1 (7.050)) 
 
17.82.060  Pre-existing uses. 
  The following provisions apply to 
preexisting uses: 
  A.  Purpose. The purpose of this section 
is to minimize hardship on land use 
activities that were subject to restrictive 
zone changes, or zoning ordinance text 
amendments, occurring after the adoption 
of the city?s zoning ordinance on June 19, 
1979, which were adopted to carry out 
overall comprehensive plan policies. As a 
result of these  zone boundary or zoning 
ordinance text amendments, some land use 
activities no longer comply with the 
regulations of this title. The preexisting use 
regulations are a means to provide these 
affected uses the same general rights as 
those of their previous use zone. The 
regulations provide flexibility for 
expansion of the pre-existing use and as 
such are intended to be less restrictive than 
the nonconforming use provisions of 
Section 17.82.030. 
  B.  Definition. ?Pre-existing use? 
means: 
  1.  A use existing on June 19, 1979 
which was a permitted or conditional use 
in its use zone, as indicated by Ordinance 
79-4 and the land use and zoning map 
contained therein, but which, as the result 
of a zoning ordinance map or text change, 
is no longer a permitted or conditional use 
in its use zone; or 
  2.  A use constructed after June 19, 
1979 in a use zone in which it was a 
permitted or conditional use, but which, as 
a result of a zoning ordinance map or text 
change, is no longer a permitted or 
conditional use in its use zone. 
  C.  Requirements. Pre-existing uses 
shall be subject to the following 
requirements:
  1.  Reconstruction. If a structure 
devoted to a pre-existing use is destroyed 
or damaged by any cause other than 
actions of the owner of that structure or his 
agents, that structure may be rebuilt. The 
construction or reconstruction of the 
structure shall: 
  a.  Conform to the setbacks, building 
height and floor area of the structure prior 
to damage or destruction; of 
  b.  Conform to the setbacks, building 
height and other requirements of the zone 
in which it is located. 
  There shall be no time limit on the 
reconstruction of a damaged or destroyed 
preexisting use. 
  2.  Building Expansion. Pre-existing 
uses may be structurally altered, enlarged, 
expanded or reconstructed on an existing 
site subject to the standards (e.g., building 
height, setbacks) of the use zone in which 
the use is located. In addition, the density 
of preexisting motels shall not exceed one 
  17.82.060 
  5  (Cannon Beach 10-04) 
motel unit per one thousand square feet of 
site area. Building expansion shall include 
the construction of nonstructural 
improvements such as parking. Building 
expansion, other than structural alteration, 
of a pre-existing use that was previously a 
conditional use, shall require a public 
hearing pursuant to Sections 17.88.010 
through 17.88.190, Public Deliberations 
and Hearings. The standards for reviewing 
the proposed building expansion, other 
than structural alteration, are:
  a.  A demand exists for the use at the 
proposed location. Several factors which 
should be considered  in determining 
whether or not this demand exists include: 
accessibility for users (such as customers 
and employees), availability of similar 
existing 
 
 
  17.82.060 
  311  (Cannon Beach Supp. No. 8, 6 -05) 
uses, availability of other appropriately 
zoned sites, particularly those not requiring 
conditional use  approval, and the 
desirability of other suitably zoned sites for 
the use. 
  b.  The use will not create excessive 
traffic congestion on nearby streets or 
overburden the following public facilities 
and services: water, sewer, storm drainage, 
electrical service, fire protection and 
schools. 
  c.  The site has an adequate amount of 
space for any yards, building, drives, 
parking, loading and unloading areas, 
storage facilities, utilities, or other facilities 
which are required by city ordinances or 
desired by the applicant. 
  d.  The topography, soils and other 
physical characteristics of the site are 
appropriate for the use. Potential problems 
due to weak foundation soils will be 
eliminated or reduced to the extent 
necessary for avoiding hazardous 
situations. 
  e.  An adequate site layout will be used 
for transportation activities. Consideration 
should be given to suitability of any access 
points, on-site drives, parking, loading and 
unloading areas, refuse collection and 
disposal points, sidewalks, bike paths, or 
other transportation facilities required by 
the city ordinances or desired by the 
applicant. Suitability, in part, should be 
determined by the potential impact of these 
facilities on safety, traffic flow and control, 
and emergency vehicle movements. 
  f.  The site and building design ensure 
that the use will be compatible with the 
surrounding area. 
  3.  Site Expansion. A site expansion of 
a pre-existing use, beyond the existing site, 
shall occur only:
  a.  On abutting lots or on lots directly 
across a public right-of-way from the 
existing site of the pre-existing use; and 
  b.  Where such lots were in the same 
ownership as the pre-existing use on the 
date that the pre-existing use became 
classified as a pre-existing use; and 
  c.  Where such lots were in the same 
use zone as the pre-existing use, or where 
such lots were in a zone which allowed the 
preexisting use as a permitted or 
conditional use. 
  Any building shall conform to the 
standards (e.g., building height, setbacks) 
of the use zone in which the use is located. 
In addition, for motels that were previously 
in the RMA zone, the maximum lot size 
shall be twenty thousand square feet. 
  4.  Definition of Existing Site. For the 
purpose of paragraphs 2 and 3 of 
subsection C of this section, ?existing site? 
means the lot or  lots on which the pre-
existing use was situated at the time the use 
became nonconforming. 
  5.  Change of Use. A pre-existing use 
may be changed to a conforming use. 
However, after a pre-existing use is 
changed to a conforming use it shall 
thereafter not be changed to a use that does 
not conform to the use zone in which it is 
located. 
  6.  Discontinuance of Use. If a pre-
existing use involving a structure is 
discontinued for a period of one year, 
further use of the property shall conform to 
the ordinance codified in this chapter. 
  17.82.060 
  312  (Cannon Beach Supp. No. 8, 6 -05) 
  7.  Determination of a Pre-existing Use. 
Where there is a difference between the 
city and a property owner on whether a 
particular use should be classified as a pre-
existing use or a nonconforming use, the 
burden of proof is on the property owner to 
show that the definitions and requirements 
of this section have been met. (Ord. 92-12 
?? 4?6; Ord. 92-11 ? 74; Ord. 88-11 ? 5: 
Ord. 79-4 ? 1 (7.070)) 
17.82.060 
17.82.080  Nonconforming private 
parking lot. 
  The use of a private parking lot sh
controlled by the provisions of this section 
and not those of Section 17.82.030, 
Nonconforming uses, or Section 17.82.060, 
Preexisting uses. Where a private pay 
parking lot existed prior to the effective 
date of Ordinance 97-13, an amortization 
period of four months, from the effective 
date of Ordinance 97-26 is established. At 
the conclusion of the amortization period, 
the use of a nonconforming private parking 
lot shall be terminated. (Ord. 97-26 ? 1) 
 
  17.84.010 
  312-1  (Cannon Beach Supp. No. 8, 6 -05) 
Chapter 17.84 
 
VARIANCES 
 
Sections: 
17.84.010  Purpose. 
17.84.020  Conditions. 
17.84.030  Criteria for granting. 
17.84.040  Off-street parking and 
loading facilities. 
17.84.050  Applications. 
17.84.060  Investigation and 
report. 
17.84.070  Procedure. 
17.84.080  Compliance with 
conditions of approval. 
17.84.090  Time limit for approved 
variances. 
17.84.100  Vested interest in 
approved variances. 
 
17.84.010  Purpose. 
  The purpose of a variance is to provide 
relief when a strict application of the 
zoning requirements would impose unusual 
practical difficulties or unnecessary 
physical hardships on the applicant. 
Practical difficulties or unnecessary 
physical hardships may result from the 
size, shape or dimensions of a site or the 
location of existing structures thereon; 
from geographic, topographic or other 
conditions on the site or in the immediate 
vicinity or from population densities, street 
location or traffic conditions in the 
immediate vicinity. No variance shall be 
granted to allow the use of a property for a 
purpose not authorized within the zone in 
which the proposed use would be located. 
(Ord. 79-4 ? 1 (8.010)) 
 
17.84.020  Conditions. 
  Reasonable conditions may be imposed 
in connection with a variance as deemed 
necessary to protect the best interests of the 
surrounding property or neighborhood, and 
otherwise secure the purpose and 
requirements of this chapter. Guarantees 
and evidence may be required that such 
conditions will be and are being complied 
with. (Ord. 79-4 ? 1 (8.020)) 
 
17.84.030  Criteria for granting. 
  A.  Variances to a requirement of this 
title, wi  
dimensions, setbacks, yard area, lot 
coverage, height of structures, vision 
clearance, decks and walls, and other 
quantitative requirements, may be granted 
only if, on the basis of the application, 
investigation and evidence submitted by 
the applicant, all four expressly written 
findings are made:
  1.  That a strict or literal interpretation 
and enforcement of the specified 
requirement would result in practical 
difficulty or unnecessary hardship and 
would be inconsistent with the o
of the comprehensive plan; and 
  2.  That there are exceptional or 
extraordinary circumstances or conditions 
applicable to the property involved or to 
the intended use of the property which do 
not apply generally to other properties in 
the same zone; and 
  3.  That the granting of the variance 
will not be detrimental to the public health, 
safety or welfare, or materially injurious to 
properties or improvements in the near 
vicinity; and 
  17.84.030 
  312-2  (Cannon Beach Supp. No. 8, 6 -05) 
[Next page intentionally left blank] 
 
 
  17.84.040 
  4  (Cannon Beach 10-04) 
  4.  That the granting of the variance 
would support policies contained within 
the comprehensive plan. 
  B.  Variances in accordance with this 
section should not ordinarily be granted if 
the special circumstances on which the 
applicant relies are a result of the actions of 
the applicant, or owner, or previous 
owners. (Ord. 79-4 ? 1 (8.030)) 
 
17.84.040  Off-street parking and 
loading facilities. 
  A.  Variances to requirements of this 
title with respect to off-street parking and 
loading facilities may be authorized as 
applied for or as modi
commission if, on the basis of the 
application, investigation and the evidence 
submitted by the applicant, all three of the 
following expressly written findings are 
made:
  1.  That neither present nor anticipated 
future traffic volumes generated by the use 
of the site or use of sites in the vicinity 
reasonably require strict or literal 
interpretation and enforcement of the 
requirements of this title; or the granting of 
the variance will protect a wetland or 
wetland buffer area; and 
  2.  That the granting of the variance 
will not result in the parking or loading of 
vehicles on public streets in such a manner 
as to materially interfere with the free flow 
of traffic on the streets; 
  3.  That the granting of the variance 
will not create a safety hazard or any other 
condition inconsistent with the general 
purpose of this title or policies contained 
within the comprehensive plan. 
  B.  Where a variance request is being 
reviewed under this section, only the 
criteria of this section shall be addressed. 
The criteria of Section 17.84.030 are not 
applicable. (Ord. 94-29 ? 8; Ord. 89-3 ? 1 
(part): Ord. 79-4 ? 1 (8.040)) 
 
17.84.050  Applications. 
  Application for a variance shall be filed 
with the city on forms prescribed by the 
city. (Ord. 89-3 ? 1 (part): Ord. 79-4 ? 1 
(8.050)) 
 
17.84.060  Investigation and report. 
  The city manager shall make or cause to 
be made an investigation to provide 
necessary information to ensure that the 
action on each application is consistent 
with the variance criteria and shall make a 
recommendation to the city planning 
commission. (Ord. 89-3 ? 1 (part): Ord. 79-
4 ? 1 (8.060)) 
 
17.84.070  Procedure. 
  A.  Before the city planning 
commission may act upon a variance 
request, notice of a public hearing in the 
manner prescribed in Sections 17.88.010 
through 17.88.040 shall be given. 
  B.  The city planning commission shall 
review the variance application in 
accordance with Section 17.88.060. 
  C.  The city planning commission 
decision shall be in accordance with 
Section 17.88.110. 
  D.  Notifi  
commission decision shall be in 
accordance with Section 17.88.130. 
  E.  The decision of the planning 
commission may be appealed in 
  17.84.080 
  5  (Cannon Beach 10-04) 
accordance with Sections 17.88.140 
through 17.88.190. (Ord. 89-3 ? 1 (part): 
Ord. 79-4 ? 1 (8.070)) 
 
17.84.080  Compliance with 
conditions of approval. 
  Compliance with conditions imposed in 
the variance, and adherence to the 
submitted plans, as approved, is required. 
Any departure from these conditions of 
approval and approved plans constitutes a 
violation of the ordinances codified in this 
title. (Ord. 79-4 ? 1 (8.080)) 
 
17.84.090  Time limit for approved 
variances. 
  Authorization of a variance shall be void 
after one year or such lesser time as the 
authorization may specify unless 
construction has commenced. However, 
when requested, the planning commission 
may extend authorization for an additional 
period not to exceed one year. (Ord. 89-3 ? 
1 (part): Ord. 79-4 ? 1 (8.085)) 
 
17.84.100  Vested interest in approved 
variances. 
  A.  A valid variance supercedes 
conflicting provisions of subsequent 
rezonings or amendments to the ordinance 
codified in this chapter unless specifically 
provided otherwise by the provisions of the 
section or the conditions of approval to the 
variance. 
  B.  Variances shall be automatically 
revoked if not exercised within six months 
of the date of approval. 
  C.  Applications for which a 
substantially similar application has been 
denied shall be heard by the planning 
commission only after a period of six 
months has elapsed. (Ord. 79-4 ? 1 
(8.090)) 
 
Chapter 17.86 
 
AMENDMENTS 
 
Sections: 
17.86.010  Purpose. 
17.86.020  Authorization to initiate. 
17.86.030  Application. 
17.86.040  Investigation and 
report. 
17.86.050  Classification of actions. 
17.86.060  Procedures. 
17.86.070  Criteria. 
17.86.075  Conditional zone 
amendment. 
17.86.080  Limitations on 
reapplications. 
17.86.090  Changes of zone for 
manufactured dwelling 
parks. 
 
17.86.010  Purpose. 
  Periodically, as local goals and needs 
change and new information is obtained, 
the zoning ordinance, as codified in t
title, should be updated. The purpose of the 
zoning ordinance amendment process is to 
provide a method for carefully evaluating 
potential changes to ensure that they are 
beneficial to the city. (Ord. 79-4 ? 1 
(9.010)) 
 
17.86.020  Authorization to initiate. 
  An amendment to the text of the 
ordinance codified in this title may be 
initiated by the city council, planning 
  17.86.030 
  6  (Cannon Beach 10-04) 
commission, a person owning property in 
the city or a city resident. An amendment 
to a zone boundary may only be initiated 
by the city council, planning commission 
or the owner or owners of the property for 
which the change is proposed. (Ord. 79-4 ? 
1 (9.020)) 
 
17.86.030  Application. 
  Property owners or local residents who 
are eligible to initiate an amendment, or 
their designated representatives, may begin 
a request for an amendment by filing an 
application with the city manager, using 
forms prescribed by the city. (Ord. 89-3 ? 1 
(part): Ord. 79-4 ? 1 (9.030)) 
 
17.86.040  Investigation and report. 
  The city manager shall make or cause to 
be made an investigation to provide 
necessary information on the consistency 
of the proposal with the comprehensive 
plan and the criteria in Section 17.86.070. 
The report shall provide a recommendation 
to the planning commission on the 
proposed amendment. (Ord. 89-3 ? 1 
(part): Ord. 79-4 ? 1 (9.040)) 
 
17.86.050  Classification of actions. 
  A.  The following amendment actions 
are considered legislative under this title:
  1.  An amendment to the text of the 
ordinance codified in this title;
  2.  A zone change action that the city 
manager has designated as legislative after 
finding the matter at issue involves such a 
substantial area and number of property 
owners or such broad public policy 
changes that processing the request as a 
quasi-judicial action would be 
inappropriate. 
  B.  The following amendment action is 
considered quasi-judicial under this title: a 
zone change that affects a limited area or a 
limited number of property owners. (Ord. 
89-3 ? 1 (part): Ord. 79-4 ? 1 (9.050)) 
 
17.86.060  Procedures. 
  A.  The following procedures shall be 
followed for amendments determined to be 
legislative:
  1.  Notice of public hearings shall be in 
accordance with Sections 17.88.010 
through 17.88.040. However, notice of the 
hearing need not include a mailing to 
property owners when the matter at issue 
does not relate to a specific geographic 
area. Where such mailing is omitted, the 
city manager shall prepare a notice 
program designed to reach persons 
believed to have a particular interest and to 
provide the general public with a 
reasonable opportunity to be aware of the 
hearings on the proposal. 
  2.  The review of the proposed 
amendment shall be in accordance with 
Section 17.88.060. Both the planning 
commission and the city council shall hold 
a public hearing on the proposal. After the 
planning commission hearing, the planning 
commission shall forward its 
recommendation to the city council. 
  B.  The following procedures shall be 
followed for amendments determined to be 
quasi-judicial: 
  1.  Notice of public hearing shall be in 
accordance with Sections 17.88.010 
through 17.88.040. 
  17.86.070 
  7  (Cannon Beach 10-04) 
  2.  The review of the proposed 
amendment shall be in accordance with 
Section 17.88.060. The planning 
commission shall hold a public hearing on 
the proposal. The city council may hold a 
public hearing on the proposal. After the 
planning commission hearing, the planning 
commission shall forward its 
recommendation to the city council. (Ord. 
89-3 ? 1 (part): Ord. 79-4 ? 1 (9.060)) 
 
17.86.070  Criteria. 
  A.  Before an amendment to the text of 
the ordinance codified in this title is 
approved, findings will be made that the 
following criteria are satisfied: 
  1.  The amendment is consistent with 
the comprehensive plan; 
  2.  The amendment will not adversely 
affect the ability of the city to satisfy land 
and water use needs. 
  B.  Before an amendment to a zone 
boundary is approved, findings will be 
made that the following criteria are 
satisfied:
  1.  The amendment is consistent with 
the comprehensive plan; 
  2.  The amendment will either:
  a.  Satisfy land and water use needs, or 
  b.  Meet transportation demands, or 
  c.  Provide community facilities and 
services; 
  3.  The land is physically suitable for 
the uses to be allowed, in terms of slope, 
geologic stability, flood hazard and other 
relevant considerations; 
  4.  Resource lands, such as wetlands 
are protected; 
  5.  The amendment is compatible with 
the land use development pattern in the 
vicinity of the request. (Ord. 89-3 ? 1 
(part): Ord. 79-4 ? 1 (9.070)) 
 
17.86.075  Conditional zone 
amendment. 
  Purpose. The purpose of the conditional 
zone amendment provision is to enable the 
city council to attach specific conditions to 
a request for a zone boundary change 
where it finds that such conditions are 
necessary to achieve a stated public 
purpose. 
  A.  The city council shall have the 
authority to attach conditions to the 
granting of amendments to a zone 
boundary. These conditions may relate to 
any of the following matters:
  1.  The uses permitted; 
  2.  Public facility improvements such 
as street improvements, dedication of street 
right-of-way, sewer, storm drainage, and 
water; 
  3.  That all or part of the development 
or use be deferred until certain events, such 
as the provision of certain public facilities 
to the property, occur; 
  4.  The time frame in which the 
proposed use associated with the zone 
boundary change is to be initiated. 
  B.  Conditions, applied to potential uses 
other than needed housing types as defined 
by OAR 660-08-005, may be imposed 
upon a finding that: 
  1.  They are necessary to achieve a 
valid public purpose; and 
  2.  They are designed t
intended purpose and are reasonably 
related to the land or its proposed use. 
  Conditions applied to property with the 
potential to be used for needed housing 
  17.86.080 
  8  (Cannon Beach 10-04) 
types as defined by OAR 660-08-005 may 
be imposed upon a finding that:
  3.  They are necessary to achieve a 
valid public purpose; 
  4.  They are designed to achieve their 
intended purpose and are reasonably 
related to the land or its proposed use; and 
  5.  They shall not have the effect, either 
singly or cumulatively, of discouraging or 
preventing the construction of needed 
housing types. 
  C.  Conditions attached to a zone 
boundary change shall be completed within 
the time limitations set forth. If no time 
limitations are set forth, the conditions 
shall be completed within two years from 
the effective date of the ordinance enacting 
the zone boundary change. 
  D.  The city council may require a bond 
from the property owner or contract 
purchasers in a form acceptable to the city 
in such an amount as to assure compliance 
with the conditions imposed on the zone 
boundary change. Such a bond shall be 
posted prior to the issuance of the 
appropriate development permit. 
  E.  Conditions shall not be imposed 
which would have the effect of limiting use 
of the property to one particular owner, 
tenant or business. Conditions may limit 
the subject property as to use, but shall not 
be so restrictive that they may not 
reasonably be complied with by other 
occupants who might devote the property 
to the same or a substantially similar use. 
  F.  Conditions that are imposed under 
the provisions of this section shall be 
construed and enforced as provisions of 
this zoning code relating to the use and 
development of the subject property. The 
conditions shall be enforceable against the 
applicant as well as their successors and 
assigns. 
  G.  Requests for modification of 
conditions shall be considered by the zone 
amendment application and review 
procedure of Sections 17.86.010 through 
17.86.070 of this code. 
  H.  Failure to fulfill any condition 
attached to a zone boundary change within 
the specified time limitations shall 
constitute a violation of this section and 
may be grounds for the city to initiate a 
change in the zone boundary pursuant to 
the procedures of Sections 17.86.010 
through 17.86.070. (Ord. 92-5 ? 1) 
 
17.86.080  Limitations on 
reapplications. 
  No application of a property owner or 
local resident for an amendment to the text 
of the ordinance codified in this title or to 
the zone boundary shall be considered by 
the planning commission within the one 
year period immediately following a 
previous denial of such request. The 
planning commission may permit a new 
application if, in the opinion of the 
planning commission, substantial new 
evidence or a change of circumstances 
warrant reconsideration. (Ord. 79-4 ? 1 
(9.080)) 
 
17.86.090  Changes of zone for 
manufactured dwelling 
parks. 
  If an application would change the zone 
of property which includes all or part of a 
manufactured dwelling park as defined in 
O.R.S. 446.003, the city shall give written 
  17.88.010 
  9  (Cannon Beach 10-04) 
notice by first class mail to each existing 
mailing address for tenants of the 
manufactured dwelling park at least twenty 
days but not more than forty days before 
the date of the first hearing on the 
application. The failure of a tenant to 
receive a notice which was mailed shall not 
invalidate any zone change. (Ord. 90-10 ? 
1 (Appx. A ? 51): Ord. 86-10 ? 14: Ord. 
79-4 ? 1 (9.085)) 
 
Chapter 17.88 
 
PUBLIC DELIBERATIONS AND 
HEARINGS 
 
Sections: 
17.88.010  Procedure for mailed 
notice. 
17.88.020  Procedure for published 
notice. 
17.88.030  Notice of hearing. 
17.88.040  Time of notice. 
17.88.050  Date of public hearing. 
17.88.055  Availability of staff 
reports. 
17.88.060  Additional documents or 
evidence. 
17.88.065  Public hearing 
procedure and 
requirements. 
17.88.070  Procedural rights. 
17.88.080  Rights of disqualified 
member of hearing 
body. 
17.88.090  Burden and nature of 
proof. 
17.88.100  Nature of proceedings. 
17.88.110  Decision. 
17.88.120  Record of proceedings. 
17.88.130  Notice of decision. 
17.88.140  Request for review of 
decision. 
17.88.150  Requirements of a 
request for appeal of a 
development permit, 
design review board or 
planning commission 
decision. 
17.88.160  Scope of review. 
17.88.170  Review on the record. 
17.88.180  Review consisting of 
additional evidence or 
de novo review. 
17.88.190  Review body decisions. 
17.88.200  Notification of state and 
federal agencies. 
17.88.210  Final action on 
applications. 
 
17.88.010  Procedure for mailed 
notice. 
  A.  Mailed notice shall be sent to 
property owners within the following 
distances from the exterior boundary of the 
subject property:
  1.  Legislative change to the zoning 
ordinance: none; 
  2.  Quasi-judicial change to the zoning 
ordinance: two hundred fifty feet; 
  3.  Conditional use: two hundred fifty 
feet; 
  4.  Variance and setback reduction: one 
hundred feet; 
  5.  Design review plans: one hundred 
feet; 
  6.  Cutting and filling, pursuant to 
Chapter 17.62: abutting property owners. 
  B.  Mailed notice shall be sent to the 
applicant. 
  17.88.020 
  10  (Cannon Beach 10-04) 
  C.  Addresses for a mailed notice 
required by this title shall be obtained from 
the county assessor?s real property tax 
records. The failure of a property owner to 
receive notice shall not invalidate an action 
if a good faith attempt was made to comply 
with the requirements of this title for 
notice. 
  D.  Mailed notice shall contain the 
information contained in subsection A of 
Section 17.88.030. (Amended during 7/92 
supplement; Ord. 90-3 ? 16; Ord. 90-10 ? 1 
(Appx. A ? 53): Ord. 89-3 ? 1 (part): Ord. 
79-4 ? 1 (10.010)) 
 
17.88.020  Procedure for published 
notice. 
  A.  Notice shall be given for the 
proposed actions described below by 
publication in a newspaper of general 
circulation in the city:
  1.  Legislative change to this title. 
  B.  Published notice shall contain the 
information contained in Section 17.88.030 
(A)(1)?(A)(9). (Ord. 90-10 ? 1 (Appx. A 
? 54): Ord. 89-3 ? 1 (part): Ord. 79-4 ? 1 
(10.020)) 
 
17.88.030  Notice of hearing. 
  Notice of a hearing shall contain the 
following information:
  A.  The name of the property owner and 
applicant, if different from the property 
owner, and the city?s case file number; 
  B.  The date, time, place of the hearing 
and who is holding the public hearing; 
  C.  A description of the location of the 
property for which a permit or other action 
is pending, including the street address, 
and a subdivision lot and block 
designation, or the tax map designation of 
the county assessor; 
  D.  A concise description of the 
proposed action; 
  E.  A listing of the applicable criteria 
known to apply to the application at issue;
  F.  A statement that a failure by the 
applicant or other parti
raise an issue at a hearing, in person or by 
letter, or failure to provide statements or 
evidence sufficient to afford the decision 
makers an opportunity to respond to the 
issue, precludes appeal based on that issue;
  G.  A statement that a copy of the 
application, all documents and evidence 
submitted by or on behalf of the applicant 
and applicable criteria are available for 
inspection at no cost and will be provided 
at a reasonable cost; 
  H.  A statement that a copy of the staff 
report will be available for inspection at no 
cost at least seven days prior to the hearing 
and will be provided at reasonable cost; 
  I.  The name of a city representative to 
contact and the telephone number where 
additional information may be obtained; 
and 
  J.  A general explanation of the 
requirements for submission of testimony 
and the procedure for the conduct of 
hearings. (Ord. 96-1 ? 1: Ord. 90-10 ? 1 
(Appx. A ? 52): Ord. 89-3 ? 1 (part): Ord. 
79-4 ? 1 (10.030)) 
 
17.88.040  Time of notice. 
  Where required, notice shall be mailed, 
published and posted twenty days prior to 
the hearing requiring the notice. (Ord. 90-
10 ? 1 (Appx. A ? 55): Ord. 89-3 ? 1 
(part): Ord. 79-4 ? 1 (10.040)) 
  17.88.050 
  11  (Cannon Beach 10-04) 
 
17.88.050  Date of public hearing. 
  A public hearing shall be held within 
forty days of the filing of a complete 
application. (Ord. 90-10 ? 1 (Appx. A ? 
56): Ord. 89-3 ? 1 (part): Ord. 79-4 ? 1 
(10.050)) 
 
17.88.055  Availability of staff 
reports. 
  Any staff report to be used at a public 
hearing shall be available at least seven 
days prior to the hearing. (Ord. 96-1 ? 2: 
Ord. 90-10 ? 1 (Appx. A ? 57): Ord. 79-4 ? 
1 (10.055)) 
 
17.88.060  Additional documents or 
evidence. 
  If additional documents or evidence are 
provided by any party, the city may allow a 
continuance of the hearing or leave the 
record open to allow the parties a 
reasonable opportunity to respond. Any 
continuance or extension of the record 
requested by an applicant shall result in a 
corresponding extension of the limitation 
of Section 17.88.120. Any continuance or 
extension of the limitation of Section 
17.88.210. Any continuance or extension 
of the record requested by a party other 
than the applicant shall not affect the time 
limitation of Section 17.88.210. (Ord. 96-1 
? 3) 
 
17.88.065  Public hearing procedure 
and requirements. 
  Public hearings conducted under this 
title shall follow the procedures and 
requirements of Sections 17.88.070 
through 17.88.100. (Ord. 96-1 ? 4; Ord. 
89-3 ? 1 (part): Ord. 79-4 ? 1 (10.060)) 
 
17.88.070  Procedural rights. 
  The following procedural entitlements 
shall be provided at the public hearing:
  A.  An impartial review as free from 
potential conflicts of interest and 
prehearing ex parte contacts as is 
reasonably possible:
  1.  No member of a hearing body shall 
participate in a discussion of the proposal 
or vote on the proposal when any of the 
following conditions exist:
  a.  Any of the following have a direct 
or substantial financial interest in the 
proposal: the hearing body member or the 
member?s spouse, brother, sister, child, 
parent, father-in-law, mother-in-law, any 
business in which the member is then 
serving or has served within the previous 
two years or any business with which the 
member is negotiating for or has an 
arrangement or understanding concerning 
prospective partnership or employment,
  b.  The member owns property within 
the area entitled to receive notice of the 
public hearing, 
  c.  The member has a direct private 
interest in the proposal, 
  d.  For any other valid reason, the 
member has determined that participation 
in the hearing and decision cannot be in an 
impartial manner; 
  2.  Disqualification due to a conflict of 
interest or personal bias may be ordered by 
a majority of the members present. The 
person who is the subject of the motion 
may not vote on the motion; 
  17.88.080 
  12  (Cannon Beach 10-04) 
  3.  Hearing body members shall reveal 
any prehearing or ex parte contacts with 
regard to any matter at the commencement 
of the first public hearing following the 
pre-hearing or ex parte contact where 
action will be considered or taken on the 
matter. If such contacts have not impaired 
the member?s impartiality or ability to vote 
on the matter, the member shall so state 
and shall participate in the public hearing. 
If the member determines that such contact 
has affected his impartiality or ability to 
vote on the matter, the member shall 
remove himself from the deliberations. 
Disqualifications due to ex parte contact 
may be ordered by a majority of the 
members present. The person who is the 
subject of the motion may not vote on the 
motion; 
  4.  A party to a hearing may challenge 
the qualifications of a member of the 
hearing body to participate in the hearing 
and decision regarding the matter. The 
challenge shall state the facts relied upon 
by the challenger relating to a person?s 
bias, prejudgment, personal interest, ex 
parte contact or other facts from which the 
challenger has concluded that the member 
of the hearing body cannot participate in an 
impartial manner. The hearing body shall 
deliberate and vote on such a challenge. 
The person who is the subject of the 
challenge may not vote on the motion; 
  5.  A party to a hearing may rebut the 
substance of the communication that 
formed the basis for an ex parte contact 
declared by a member of the hearing body;
  6.  No officer or employee of the city 
who has a financial or other private interest 
in a proposal shall participate in discussion 
with or give an official opinion to the 
hearing body on the proposal without first 
declaring for the record the nature and 
extent of each interest. 
  B.  A reasonable opportunity for those 
persons potentially affected by the 
proposal to present evidence. 
  C.  A reasonable opportunity for 
rebuttal of new material. (Ord. 90-10 ? 1 
(Appx. A ? 58): Ord. 89-3 ? 1 (part): Ord. 
79-4 ? l (10.061)) 
 
17.88.080  Rights of disqualified 
member of hearing body. 
  A disqualified member of the hearing 
body shall have the following rights:
  A.  An abstaining or disqualified 
member of the hearing body may be 
counted for purposes of forming a quorum. 
A member who represents personal interest 
at a hearing may do so only by abstaining 
from voting on the proposal, physically 
joining the audience and vacating the seat 
on the hearing body, and making full 
disclosure of his or her status and position 
at the time of addressing the hearing body. 
  B.  A member absent during the 
presentation of evidence in a hearing may 
not participate in the deliberations or final 
decision regarding the matter of the 
hearing unless the member has reviewed 
the evidence received. (Ord. 90-10 ? 1 
(Appx. A ? 59); Ord. 89-3 ? 1 (part): Ord. 
79-4 ? 1 (10.062)) 
 
17.88.090  Burden and nature of 
proof. 
  Except for a determination of the 
applicability of chapter provisions, the 
burden of proof is upon the proponent. The 
  17.88.100 
  13  (Cannon Beach 10-04) 
proposal must be supported by proof that it 
conforms to the applicable provisions of 
this chapter, especially the specific criteria 
set forth for the particular type of decision 
under consideration. (Ord. 90-10 ? 1 
(Appx. A ? 60): Ord. 89-3 ? 1 (part): Ord. 
79-4 ? 1 (10.063)) 
 
17.88.100  Nature of proceedings. 
  An order of proceedings for a hearing 
will depend in part on the nature of the 
hearing. The following shall be 
supplemented by administrative procedures 
as appropriate:
  A.  Before receiving information on the 
issue, the following shall be addressed:
  1.  Any objections on jurisdictional 
grounds shall be noted in the record and if 
there is objection, the person presiding has 
the discretion to proceed or terminate. 
  2.  Any abstentions or disqualifications, 
based on conflicts of interest, personal bias 
or ex pane contacts, shall be determined. 
  3.  A statement by the person presiding 
that: 
  a.  Describes the applicable substantive 
criteria against which the application will 
be reviewed; 
  b.  Testimony and evidence must be 
directed toward the criteria described in 
paragraph (a) above or other criteria in the 
comprehensive plan or land use regulations 
which a person believes to apply to the 
land use action; and 
  c.  Failure to raise an issue 
accompanied by statements or evidence 
sufficient to afford the decision makers and 
parties to the hearing an opportunity to 
respond to  the issue precludes an appeal 
based on that issue; 
  d.  Prior to the conclusion of the 
hearing, any participant may request an 
opportunity to present additional evidence 
or testimony regarding the application. The 
request may be granted to continuing the 
public hearing or leaving the record open 
for additional written evidence or 
testimony; 
  e.  Describes the review and appeal 
process provided for by this chapter. 
  B.  Presentations and Evidence. 
  1.  The presiding officer shall preserve 
order at the public hearing and shall decide 
questions of order subject to a majority 
vote. 
  2.  The presiding officer may set 
reasonable time limits for oral 
presentations. The presiding officer may 
determine not to receive cumulative, 
repetitious, immaterial or derogatory 
testimony. 
  3.  Evidence shall be received from the 
staff and from proponents and opponents:
  a.  Evidence shall be admissible if it is 
of a type commonly relied upon by 
reasonable and prudent persons in the 
conduct of serious affairs. Erroneous 
evidence shall not invalidate or preclude 
action unless shown to have prejudiced the 
substantial rights of a party to the hearing; 
  b.  Members of the hearing body may 
take official notice of judicially cognizable 
facts of a general, technical or scientific 
nature within their specialized knowledge. 
Such notice shall be stated and may be 
rebutted; 
  c.  The presiding officer may approve 
or deny a request from a person attending 
the hearing to ask a question. Unless the 
presiding officer specifies otherwise, if the 
  17.88.100 
  14  (Cannon Beach 10-04) 
request to ask a question is approved, the 
presiding officer will direct the question to 
the person submitting testimony. 
  4.  The hearing body may view the area 
in dispute with notification to the parties to 
the hearing, of the time, manner and 
circumstances of such a visit. 
  5.  The hearing body may recess a 
hearing in order to obtain additional 
information or to serve further notice upon 
other property owners or persons it decides 
may be interested in the proposal being 
considered. The time and date when the 
hearing i  
  6.  Prior to the conclusion of the 
hearing, any participant may request an 
opportunity to present additional evidence 
or testimony regarding the application. The 
request shall be granted by continuing the 
public hearing or l
for additional written evidence or 
testimony. 
  a.  If the hearing is continued, the 
hearing shall be continued to a date, time 
and place certain which is at least seven 
days from the date of the initial hearing. 
An opportunity shall be provided at the 
continued hearing for persons to present 
and rebut new evidence and testimony. If 
new written evidence is submitted at the 
continued hearing, any person may request, 
prior to the conclusion of the continued 
hearing, that the record be left open for at 
least seven days to submit additional 
written evidence or testimony for the 
purpose of responding to the new written 
evidence. 
  b.  If the record is held open for 
additional written evidence or testimony, 
the record shall be left open for at l
seven days. Any participant may file a 
written request with the city for an 
opportunity to respond to new evidence 
submitted during the period the record was 
left open. If such a request is filed, the 
hearing shall be reopened and any person 
may raise new issues which relate to the 
evidence, testimony or criteria which apply 
to the matter. 
  c.  Unless waived by the applicant, the 
applicant shall have at least seven days 
after the record is closed to all parties to 
submit final written arguments in support 
of the application. This final submittal 
shall be considered part of the record, but 
shall not include any new evidence. For the 
purposes of this section, ?evidence? means 
facts, documents, data or other information 
offered to demonstrate compliance or 
noncompliance with the standards believed 
by the proponent to be relevant to the 
decision. For the purposes of this section 
?argument? means assertions and analysis 
regarding the satisfaction or violation of 
legal standards or policy believed relevant 
by the proponents to a decision; 
?argument? does not include facts. 
  d.  A continuance or extension granted 
pursuant to this section shall be subject to 
the time limitations of Section 17.88.120, 
unless the continuance or extension is 
requested or agreed to by the applicant. 
  7.  When the hearing has been closed, 
the hearing body shall openly discuss the 
issue and may further question a person 
submitting information or the staff, if 
opportunity for rebuttal is provided. No 
testimony shall be accepted after the cl
of the public hearing unless the hearing 
  17.88.110 
  15  (Cannon Beach 10-04) 
provides an opportunity for review and 
rebuttal of that testimony. 
  8.  At the conclusion of the public 
hearing, a participant in the public hearing 
may request that the record remain open 
for at least seven days for the purpose of 
submitting additional evidence. Such a 
request may only be made at the first de 
novo hearing held in conjunction with a 
permit application or zoning ordinance text 
or map amendment. 
  Whenever the record is supplemented in 
this manner any person may raise new 
issues which relate to the new evidence, 
testimony or criteria for decision making 
which apply to the matter at issue. This 
extension of time shall not be counted as 
part of the one-hundred-twenty-day limit in 
Section 17.88.210. (Ord. 96-1 ?? 5, 6; Ord. 
90-10 ? 1 (Appx. A ? 63); Ord. 89-3 ? 1 
(part): Ord. 79-4 ? 1 (10.064)) 
 
17.88.110  Decision. 
  Following the procedure described in 
Section 17.88.060, the hearing body shall 
approve, approve with conditions or deny 
the application or if the hearing is in the 
nature of an appeal, affirm, affirm with 
modifications or additional conditions, 
reverse or remand the decision that is on 
appeal. 
  A.  The decision of the hearing body 
shall be by a written order signed by the 
chair or his designee. 
  B.  The order shall incorporate finding 
of facts and conclusions that include:
  1.  A statement of the applicable 
criteria and standards against which the 
proposal was tested; 
  2.  A statement of the facts which the 
hearing body relied upon in establishing 
compliance or noncompliance with each 
applicable criteria or standards and briefly 
state how those facts support the decision; 
  3.  In the case of a denial, it shall be 
sufficient to address only those criteria 
upon which the applicant failed to carry the 
burden of proof or, when appropriate, the 
facts in the record that support denial. 
  C.  The written order is the final 
decision on the matter and the date of the 
order is the date that it is signed. The order 
becomes effective on the expiration of the 
appeal  period, unless an appeal has been 
filed. (Ord. 90-10 ? 1 (Appx. A ? 64); Ord. 
89-3 ? 1 (part): Ord. 79-4 ? 1 (10.070)) 
 
17.88.120  Record of proceedings. 
  The secretary to the hearing body shall 
be present at each hearing and shall cause 
the proceedings to  be recorded 
stenographically or electronically. 
  A.  Testimony shall be transcribed if 
required for judicial review or if ordered 
by the hearing body. 
  B.  The hearing body shall, where 
practicable, retain as part of the hearing 
records each item of physical  
documentary evidence presented and shall 
have the items marked to show the identity 
of the person offering the same and 
whether presented on behalf of a proponent 
or opponent. Exhibits received into 
evidence shall be retained in the hearing 
file until after the applicable appeal period 
has expired, at which time the exhibits may 
be released to the person identified 
thereon, or otherwise disposed of. 
  17.88.130 
  16  (Cannon Beach 10-04) 
  C.  The findings shall be included in the 
record. 
  D.  A person shall have access to the 
record of proceedings at reasonable times, 
places and circumstances. A person shall 
be entitled to make copies of the record at 
the person?s own expense. (Ord. 89-3 ? 1 
(part): Ord. 79-4 ? 1 (10.071)) 
 
17.88.130  Notice of decision. 
  Notice of a decision by a hearing body 
shall be provided to all parties to the 
hearing within five working days of the 
date that the final order was signed. The 
notice of the decision shall include:
  A.  A brief description of the decision 
reached; 
  B.  A statement that the decision may 
be appealed by filing an appeal within 
twenty calendar days of the date that the 
final order was signed; 
  C.  A description of the requirements 
for an appeal, including the type of appeal 
that may be requested; 
  D.  A statement that an appeal may only 
be filed concerning criteria that were 
addressed at the initial public hearing; 
  E.  A statement that the complete case, 
including the final order is available for 
review at the city. (Ord. 89-3 ? 1 (part): 
Ord. 79-4 ? 1 (10.072)) 
 
17.88.140  Request for review of 
decision. 
  A.  A decision on the issuance of a 
permit concerning a land use matter, or a 
development permit may be appealed to 
the planning commission by an affected 
party by filing an appeal with the city 
manager within twenty days of the date 
that written notice of the decision was 
mailed. In the case of a permit, the notice 
of appeal that is filed with the city shall 
indicate the nature of the interpretation that 
is being appealed. The matter at issue will 
be a determination of the appropriateness 
of the interpretation of the requirements of 
this chapter. In the case of a development 
permit, the notice of appeal filed with the 
city shall contain the information outlined 
in Section 17.88.150. 
  B.  A decision of the design review 
board may be appealed to the city council 
by a party to the hearing by filing an 
appeal within twenty days of the date the 
final order is signed. The notice of appeal 
filed with the city shall contain the 
information outlined in Section 17.88.150. 
  C.  A decision of the planning 
commission may  be appealed to the city 
council by a party to the hearing by filing 
an appeal within twenty calendar days of 
the date the final order is signed. The 
notice of appeal filed with the city shall 
contain the information outlined in Section 
17.88.150. (Ord. 97-31 ? 2; Ord. 94-08 ? 
19; Ord. 90-3 ? 17: Ord. 90-10 ? 1 (Appx. 
A ? 65); Ord. 89-3 ? 1 (part): Ord. 79-4 ? 1 
(10.080)) 
 
17.88.150  Requirements of a request 
for appeal of a 
development permit, 
design review board or 
planning commission 
decision. 
  An appeal of a development permit, 
design review board or planning 
commission decision shall contain the 
following:
  17.88.160 
  17  (Cannon Beach 10-04) 
  A.  An identification of the decision 
sought to be reviewed, including the date 
of the decision; 
  B.  A statement of the interest of the 
person seeking the review. For a review of 
a decision by the design review board or 
planning commission, a statement that 
he/she was a party to the initial 
proceedings; 
  C.  The specific grounds relied upon for 
review. For a review of a decision by the 
design review board or planning 
commission, a statement that the criteria 
against which review is being requested 
was addressed at the design review board 
or planning commission hearing; 
  D.  For a review of a decision by the 
design review board or planning 
commission, if a de novo review or review 
by additional testimony and other evidence 
is requested, a statement relating the 
request to the factors listed in Section 
17.88.180. (Ord. 94-08 ? 20: Ord. 90-3 ? 
18: Ord. 89-3 ? 1 (part): Ord. 79-4 ? 1 
(10.081)) 
 
17.88.160  Scope of review. 
  A.  An appeal of a permit or 
development permit shall be heard as a de 
novo hearing. 
  B.  In an appeal of a design review 
board or planning commission decision, 
the reviewing body may determine, as a 
nonpublic hearing item, that the scope of 
review, on appeal will be one of the 
following:
  1.  Restricted to the record made on the 
decision being appealed; 
  2.  Limited to the admission of 
additional evidence on such issues as the 
reviewing body determines necessary for a 
proper resolution of the matter; 
  3.  Remand the matter to the hearing 
body for additional consideration; 
  4.  A de novo hearing on the merits. 
(Ord. 94-08 ? 21: Ord. 90-10 ? 1 (Appx. A 
? 66); Ord. 89-3 ? 1 (part): Ord. 79-4 ? 1 
(10.082)) 
 
17.88.170  Review on the record. 
  A.  Unless otherwise provided for by 
the reviewing body, review of the decision 
on appeal shall be confined to the record of 
the proceeding as specified in this section. 
The record shall include the following:
  1.  A factual report prepared by the city 
manager; 
  2.  All exhi  
memoranda, stipulations and motions 
submitted by any party and received or 
considered in reaching the decision under 
review; 
  3.  The final order and findings of fact 
adopted in support of the decision being 
appealed; 
  4.  The request for an appeal filed by 
the appellant; 
  5.  The minutes of the public hearing. 
The reviewing body may request that a 
transcript of the hearing be prepared. 
  B.  All parties to the initial hearing shall 
receive a notice of the proposed review of 
the record. The notice shall indicate the 
date, time and place of the review and the 
issue(s) that are the subject of the review. 
  C.  The reviewing body shall make its 
decision based upon the record after first 
granting the right of argument, but not the 
introducti  
parties to the hearing. 
  17.88.180 
  18  (Cannon Beach 10-04) 
  D.  In considering the appeal, the 
reviewing body need only consider those 
matters specifically raised by the appellant. 
The reviewing body may consider other 
matters if it so desires. 
  E.  The appellant shall bear the burden 
of proof. (Ord. 89-3 ? 1 (part): Ord. 79-4 ? 
1 (10.083)) 
 
17.88.180  Review consisting of 
additional evidence or de 
novo review. 
  A.  The reviewing body may hear the 
entire matter de novo; or it may admit 
additional testimony and other evidence 
without holding a de novo hearing. The 
reviewing body shall grant a request for a 
new hearing only where it finds that:
  1.  The additional testimony or other 
evidence could not reasonably have been 
presented at the prior hearing; or 
  2.  A hearing is necessary to fully and 
properly evaluate a significant issue 
relevant to the proposed development 
action; and 
  3.  The request is not necessitated by 
improper or unreasonable conduct of the 
requesting party or by a failure to present 
evidence that was available at the time of 
the previous review. 
  B.  Hearings on appeal, either de novo 
or limited to additional evidence on 
specific issue(s), shall be conducted in 
accordance with the requirements of 
Sections 17.88.010 through 17.88.100. 
  C.  All testimony, evidence and other 
material from the record of the previous 
consideration shall be included in the 
record of the review. (Ord. 90-10 ? 1 
(Appx. A ? 62); Ord. 89-3 ? 1 (part): Ord. 
79-4 ? 1 (10.084)) 
 
17.88.190  Review body decisions. 
  A.  Upon review, the planning 
commission or city council may affirm, 
reverse or modify in whole or part, a 
determination or requirement of the 
decision that is under review. When the 
planning commission modifies or renders a 
decision that reverses an administrative 
decision, the planning commission shall set 
forth its findings and state its reasons for 
taking the action in conformance with the 
requirements of Section 17.88.110. When 
the city council modifies or renders a 
decision that reverses a decision of the 
design review board or the planning 
commission, the city council shall set forth 
its findings and state its reasons for taking 
the action in conformance with the 
requirements of Section 17.88.110. When 
the city council elects to remand the matter 
back to the design review board or the 
planning commission for further 
consideration as it deems necessary, it shall 
include a statement explaining the error 
found to have materially affected the 
outcome of the original decision and the 
action necessary to rectify such. 
  B.  Notice of the city council decision 
shall be provided to all parties to the 
hearing within five working days of the 
date that the final order was signed. The 
notice of decision shall include:
  1.  A brief description of the decision 
reached; 
  2.  A statement that the decision may 
be appealed to the land use board of 
appeals by filing a notice of intent to 
  17.88.200 
  19  (Cannon Beach 10-04) 
appeal a land use decision within twenty-
one days after the date of the decision 
sought to be reviewed becomes final; and 
  3.  A statement that the complete case, 
including the final order is available for 
review at the city. (Ord. 97-31 ? 3; Ord. 
90-3 ? 19; Ord. 90-10 ? 1 (Appx. A ? 68); 
Ord. 89-3 ? 1 (part): Ord. 79-4 ? 1 
(10.085)) 
 
17.88.200  Notification of state and 
federal agencies. 
  The city shall forward a copy  of the 
final decision, including the findings and 
required conditions, within seven working 
days, to the appropriate state and/or federal 
agencies where a use or activity involves a 
state or federal permit which requires a 
determination of consistency with the local 
comprehensive plan. The response shall 
contain a statement of whether or not 
approval of the permit would be consistent 
with the comprehensive plan, the reasons 
the development is or is not so considered, 
and standards and conditions which shoul
apply if a state or federal permit is granted. 
(Ord. 89-3 ? 1 (part): Ord. 79-4 ? 1 
(10.090)) 
 
17.88.210  Final action on 
applications. 
  The city shall take final action on an 
application for a permit, limited land use 
decision, or zone change within one 
hundred twenty days of the receipt of a 
complete application. The one hundred 
twenty day period does not apply to an 
amendment to the comprehensive plan or 
zoning ordinance, or the adoption of a new 
land use regulation. At the request of the 
applicant, the one hundred twenty day 
period may be extended for a reasonable 
period of time. (Ord. 96-1 ? 7: Ord. 89-3 ? 
1 (part): Ord. 86-10 ? 15: Ord. 79-4 ? 1 
(10.092)) 
 
Chapter 17.90 
 
GENERAL REQUIREMENTS AND 
REGULATIONS 
 
Sections: 
17.90.010  Authorization of similar 
uses. 
17.90.020  Access requirement. 
17.90.030  Maintenance of access. 
17.90.040  Clear-vision areas. 
17.90.050  Maintenance of 
minimum requirements. 
17.90.060  Dual use of required 
open space. 
17.90.065  Architectural design 
elements. 
17.90.070  Projections into 
required yards. 
17.90.080  Exceptions to building 
height regulations. 
17.90.090  Limited triplexes. 
17.90.100  Control of lights on 
public beach. 
17.90.120  Conversion of motels to 
condominiums. 
17.90.130  Storage in front yards. 
17.90.135  Recreational vehicle 
occupancy. 
17.90.140  Storage of unused 
vehicles, junk or debris. 
17.90.150  Outdoor merchandising. 
17.90.160  Land surveys. 
17.90.170  Duplex standards. 
  17.90.010 
  20  (Cannon Beach 10-04) 
 
17.90.010  Authorization of similar 
uses. 
  The planning commission may authorize 
that a similar use, not specifically listed in 
the allowed uses of a zone, shall be 
included among the allowed uses if 
deemed similar. However, this section 
prohibits the inclusion in a zone where it is 
not listed, a use specifically listed in 
another one, or a use of the same general 
type and similar to a use specifically listed 
in another zone. (Ord. 79-4 ? 1 (4.020)) 
 
17.90.020  Access requirement. 
  Every lot shall abut a street, other than 
an alley, for at least twenty-five feet. Lots 
which were created prior to adoption of the 
zoning ordinance which do not meet this 
provision may be accessed via an 
irrevocable recorded easement of a 
minimum of ten feet in width. (Ord. 87-14 
? 1: Ord. 79-4 ? 1 (4.030)) 
 
17.90.030  Maintenance of access. 
  The city shall review, under ORS 
271.080 through 271.230, proposals for the 
vacation of public easements or rights-of-
way which provide access to the ocean 
beach or estuarine waters. Existing rights-
of-way and similar public easements which 
provide access to coastal waters shall be 
retained or replaced if they are sold, 
exchanged or transferred. Rights-of-way 
may be vacated so long as equal or 
improved access is provided as part of a 
development project. (Ord. 89-28 ? 3: Ord. 
86-10 ? 4: Ord. 79-4 ? 1 (4.035)) 
 
17.90.040  Clear-vision areas. 
  A.  Requirement. A clear-vision area 
shall be maintained on the corners of all 
property adjacent to the intersection of two 
streets. A clear-vision area shall contain no 
planting, fence, wall, structure, or 
temporary or permanent obstruction 
exceeding three feet in height, measured 
from the top of the curb or, where no curb 
exists, from the established street center 
line grade, except that trees exceeding this 
height may be located in this area, 
provided all branches and foliage are 
removed to a height of eight feet above the 
grade. 
  B.  Measurement. A clear-vision area is 
that area enclosed by the lines formed by 
the center lines of intersecting pavements 
or driving surfaces and a straight line 
drawn diagonally, across the corner, 
connecting those lines at the various 
distances specified by the chart below. The 
measured distance along the uncontrolled 
driving surface is ?vision clearance 
distance -a-.? The measured distance along 
the controlled driving surface is ?vision 
clearance distance  -b-.? Measurement of 
the  vision clearance distance -a- shall be 
from the point of intersection of the center 
lines of the two travel surfaces. 
Measurement of the vision clearance 
distance -b- shall be from the adjacent stop 
sign. 
  C.  Exceptions. The requirements of 
subsection B do not apply to public utility 
poles or traffic control signs.  
 
Street 
Classification 
Clear-Vision Area 
  Vision  Vision 
  17.90.050 
  21  (Cannon Beach 10-04) 
Clearance  
Distance  
-a- 
Clearance 
Distance  
-b- 
15 mph street 
and 15 mph 
street  
75 ft.  10 ft. 
15 mph street 
and 20 mph 
street 
125 ft.  10 ft. 
15 mph street 
and 30 mph 
street 
200 ft.  10 ft. 
 
(Ord. 93-21 ?? 2, 3, 4) 
 
 
17.90.050  Maintenance of minimum 
requirements. 
  No lot area, yards, other open space or 
off street parking or loading area existing 
on or after the effective date of the zoning 
ordinance shall be reduced below the 
minimum required for it by the zoning 
ordinance. No conveyance of any portion 
of a lot, for other than a public use, shall 
leave a structure on the remainder of the lot 
with less than minimum ordinance 
requirements. (Ord. 79-4 ? 1 (4.070)) 
 
17.90.060  Dual use of required open 
space. 
  No lot area, yard or other open space or 
off street parking or loading area which is 
required by the zoning ordinance for one 
use shall be a required lot area, yard or 
other open space or off-street parking or 
loading area for another use. (Ord. 79-4 ? 1 
(4.080)) 
 
17.90.065  Architectural design 
elements. 
  All single-family dwellings, modular 
housing and manufactured homes located 
in the RVL, RL, R1, R2, RAM, R3, RM, 
and C1 zones shall utilize at least two of 
the following architectural features: 
dormers; more than two gables; recessed 
entries; covered porch/entry; bay window; 
building off-set; deck with railing or 
planters and benches; or a garage, carport 
or other accessory structure. (Ord. 94-5 ? 
11) 
 
17.90.070  Projections into required 
yards. 
  A.  Cornices, eaves, window sills and 
similar incidental architectural features 
may project not more than eighteen inches 
into a required side yard, or thirty-six 
inches into a required front or rear yard. 
  B.  Bay windows, with no useable floor 
area and not exceeding a length of ten feet 
and not more than one per building 
elevation, may project not more than 
eighteen inches into a required side yard, 
or thirty-six inches into a required front or 
rear yard. Bay windows may not project 
into a required ocean yard. 
  C.  Chimneys shall project not more 
than twenty-four inches into any required 
yard. 
  D.  Unroofed landings and stairs may 
project not more than thirty-six inches into 
a required front yard, rear yard or street 
side yard where they provide access to a 
first story, as defined by the One and Two 
Family Dwelling Code, and where the 
landing is limited to no more than six lineal 
  17.90.080 
  22  (Cannon Beach 10-04) 
feet. Unroofed landings and stairs may not 
project into a required ocean yard. 
  E.  Patios and decks, including any 
fixed benches, railings, or other 
attachments, which are no more than thirty 
inches in height above the existing grade 
may project into a required yard, but may 
not be closer than two feet to any property 
line. For lots abutting the oceanshore, a 
deck or patio permitted in the required yard 
may not be closer than two feet to the 
western property line or the Oregon 
Coordinate Line, whichever is further east. 
Patios and decks constructed in a required 
yard shall not obstruct significant views of 
the ocean, mountains or similar features 
from abutting property. (Ord. 92-11 ? 54: 
Ord. 92-11 ? 54: Ord. 79-4 ? 1 (4.090)) 
 
17.90.080  Exceptions to building 
height regulations. 
  Projections such as chimneys, spires, 
domes, elevator shaft housings, towers, 
wind generators, aerials, flagpoles and 
other similar objects not used for human 
occupancy are not subject to the building 
height limitations of the zoning ordinance. 
(Ord. 79-4 ? 1 (4.180)) 
 
17.90.090  Limited triplexes. 
  Tripl  
17.16.020D shall conform to the following 
standards: 
  A.  The minimum lot size shall be five 
thousand square feet; 
  B.  Four off-street parking spaces shall 
be provided; 
  C.  The property owner shall annually 
submit a notarized sworn statement that a 
minimum of two of the dwelling units are 
used for nothing other than long-term 
rental purposes (periods of thirty calendar 
days or more). (Ord. 92-11 ? 65: Ord. 89-3 
? 1 (part): Ord. 79-4 ? 1 (4.150)) 
 
17.90.100  Control of lights on public 
beach. 
  No artificial light source shall be placed 
so that it directly illuminates the public 
beach at a distance of more than one 
hundred feet from the Oregon Coordinate 
Line or the property line, whichever is 
most eastward, after January 1, 1985. 
?Artificial light source? is defined as a 
lamp or other emitter of light which is 
directly visible from the public beach, 
including but not limited to flood lamps, 
area or barn lights, and street lights. (Ord. 
79-4 ? 1 (4.105)) 
 
17.90.120  Conversion of motels to 
condominiums. 
  In the event a motel is converted to a 
condominium, the requirements of the use 
to which it is converted shall apply. (Ord. 
79-4 ? 1 (4.125)) 
 
17.90.130  Storage in front yards. 
  Boats eighteen feet in length or greater, 
or recreation vehicles six feet six inches in 
height or greater shall not be stored in a 
required front yard. (Ord. 90-11A ? 1 
(Appx. A ? 13): Ord. 79-4 ? 1 (4.050)) 
 
17.90.135  Recreational vehicle 
occupancy. 
  Recreational vehicles may not be 
occupied on any lot in the city except as 
follows: 
  17.90.140 
  23  (Cannon Beach 10-04) 
  A.  In an approved recreational vehicle 
park; or 
  B.  During the construction period of a 
permitted use for which a building permit 
has been issued, but not to exceed one year 
and where the size of the recreational 
vehicle does not exceed three hundred 
square feet. (Ord. 90-11A ? 1 (Appx. A ? 
14): Ord. 79-4 ? 1(4.055)) 
 
17.90.140  Storage of unused vehicles, 
junk or debris. 
  It is unlawful to keep inoperative 
vehicles or vehicle parts within view of 
persons on a public street or adjacent 
properties, or to keep unsightly and 
potentially hazardous accumulations of 
debris within view of persons on the public 
street or adjacent properties. (Ord. 79-4 ? 1 
(4.850)) 
 
17.90.150  Outdoor merchandising. 
  A.  Purpose. The purpose of this section 
is to ensure that certain commercial 
activities are carried out in a manner that is 
aesthetically compatible with adjacent 
uses, minimizes congestion in commercial 
areas, minimizes impact on pedestrian 
circulation and maintains open space areas 
designed for pedestrian use. 
  B.  All uses in the Cl, C2 and RM zones 
shall be conducted entirely within a 
completely enclosed building except that 
the outdoor storage, display, sale or rental 
of merchandise or services may be 
permitted where the standards of 
subsection D of this section are met. The 
following uses and activities, subject to 
applicable conditions, are exempt from this 
prohibition:
  1.  The sale of living plant materials; 
  2.  Outdoor seating in conjunction with 
a restaurant; 
  3.  Christmas tree sales lot; 
  4.  The dispensing of gasoline at a 
service station; 
  5.  Newspaper vending machines 
subject to subsection (E)(1) of this section; 
  6.  The sale of goods and services by a 
nonprofit organization subject to 
subsection (E)(2) of this section; 
  7.  Automatic teller machines, subject 
to the design review requirements of 
Chapter 17.44; 
  8.  Telephone booths, subject to the 
design review requirements of Chapter 
17.44; and 
  9.  Live music and other outdoor 
performances, subject to subsection(E)(3) 
of this section. 
  C.  The prohibition on the outdoor 
storage or display of merchandise in 
conjunction with a commercial use applies 
to the general type of merchandise which is 
sold within the business premises, not just 
specific merchandise styles or brands. 
  D.  The outdoor storage, display, sale or 
rental of merchandise or services may be 
permitted where:
  1.  The outdoor area in which the 
merchandise or service is stored, displayed, 
sold or rented is accessible only through a 
building entrance; or 
  2.  The outdoor area is screened from a 
public street or adjacent property in a 
manner approved by the design review 
board. 
  E.  The following additional 
requirements are applicable to certain types 
of outdoor merchandising:
  17.90.160 
  24  (Cannon Beach 10-04) 
  1.  Newspaper vending machines: 
newspaper vending machines, placed on a 
public sidewalk, shall be located so that the 
use of the sidewalk by handicapped 
persons is not impeded. This standard shall 
be met by maintaining a minimum, 
unobstructed sidewalk width of four feet. 
  2.  Nonprofit organization sales: the 
sale is authori
permit granted by the city manager after 
finding that:
  a.  The sale has the approval of the 
owner or lessee of the property on which it 
is to take place; 
  b.  The sale will be located in a manner 
that will not interfere with pedestrian or 
vehicular traffic; 
  c.  The sale will not interfere with the 
operation of adjacent businesses; 
  d.  The sale shall be held no more than 
twice a year; and 
  e.  The sale shall be for a specified 
period of time. The duration of the sale 
shall not exceed one day. 
  3.  Live music or outdoor 
performances: The music or outdoor 
performance complies with the following:
  a.  The event has the approval of the 
property owner or lessee of the property; 
  b.  The location of the music will not 
interfere with pedestrian traffic or the 
operation of adjacent businesses; 
  c.  Where the music is proposed to be 
amplified by electronic means, the location 
is appropriate; 
  d.  The hours proposed for the live 
music are appropriate to the location; and 
  e.  The live music will be for a 
specified period of time. 
  F.  For the purposes of this section, the 
free distribution of merchandise is 
considered outdoor merchandising and is 
prohibited. (Ord. 97-2 ? 2: Ord. 90-10 ? 1 
(Appx. A ? 44): Ord. 79-4 ? 1 (4.900)) 
 
17.90.160  Land surveys. 
  Before an action is taken pursuant to this 
title which would cause adjustments or 
realignment of property lines, required 
yard areas or setbacks, the exact lot lines 
shall be validated by location of official 
survey pins or by a recorded survey 
performed by a licensed surveyor. If a 
property boundary survey was recorded 
prior to January 1, 1986, a letter from the 
licensed surveyor responsible for the 
recorded survey, or another licensed 
surveyor, shall be submitted stating that the 
survey as performed and r
valid and accurate and that nothing in the 
monumentation or methods used has 
changed since the survey was done which 
would make it inaccurate or invalid, and no 
known disputes of that survey exist. 
Failing to produce such a letter, the 
property owner shall be required to secure 
a new survey. (Ord. 96-2 ? 1: Ord. 92-11 ? 
68: Ord. 90-10 ? 1 (Appx. A ? 45): Ord. 
79-4a ? 1 (4.955)) 
 
17.90.170  Duplex standards. 
  The following standards are applicable 
to duplexes: 
  A.  1. In the R-2 zone, a duplex shall 
not be located within ninety-nine feet of 
another duplex, triplex or multiple-family 
dwelling also located in the R-2 zone. The 
measurement of the ninety-nine-foot 
standard shall be made from property line 
  17.92.010 
  25  (Cannon Beach 10-04) 
to property line. An exception to this 
standard is provided to permit an additional 
duplex to be located within ninety-nine feet 
of another duplex, triplex or multiple-
family dwelling where that proposed 
duplex?s lot abuts the lot of the existing 
duplex and the proposed duplex?s lot does 
not have frontage on the same street as the 
existing duplex. 
  2.  Property owners who have 
constructed duplexes since June 19, 1979, 
which have not been approved by the 
design review board shall have one 
hundred eighty days from the effective date 
of the ordinance codified in this section to 
apply for design review approval. If such 
application is not made, the provisions of 
this subsection shall be applied to 
subsequent requests for design review 
approval of a duplex. 
  B.  A duplex shall not consist of a 
manufactured dwelling(s). 
  C.  The two dwelling units which 
comprise the duplex shall remain in 
common ownership. A duplex shall not be 
converted to condominium ownership with 
individual dwelling units owned 
separately. The individual dwelling units of 
a duplex may not  be sold as separate 
personal property. (Ord. 95-8 ? 13) 
 
Chapter 17.92 
 
ADMINISTRATIVE PROVISIONS 
 
Sections: 
17.92.010  Development permits. 
17.92.020  Enforcement. 
17.92.030  Building permits. 
17.92.040  Application information. 
17.92.050  Consolidated 
application procedure. 
17.92.060  Filing fee. 
 
17.92.010  Development permits. 
  A.  Permit Required. 
  1.  A development permit is required 
for: 
  a.  The construction, enlargement, 
alteration, repair, moving, improvement, 
removal, conversion or demolition of any 
structure or building which requires a 
building permit pursuant to either the State 
of Oregon, One and Two Family Dwelling 
Code, or the State of Oregon, Structural 
Specialty Code. (For the purpose of this 
section, these are referred to as Type 1 
development permits.); or 
  b.  An activity or structure specifically 
listed in this title as requiring a 
development permit. (For the purpose of 
this section, these are referred to as Type 2 
or Type 3 development permits.) 
  2.  In the case of a structure or building 
requiri  
development permit may be part of the 
building permit. 
  B.  Application. A property owner or 
their designated representative may initiate 
a request for a development permit by 
filing an application with the city using 
forms provided by the city. 
  C.  Administrative Review of 
Development Permits. 
  1.  Administrative Review of Type 1 
Development Permits. The building 
official shall issue a development permit to 
the applicant if the building official finds 
that the work described in an a
for a development permit and the plans, 
  17.92.010 
  26  (Cannon Beach 10-04) 
specifications, and other data filed with the 
application conform to the requirements of 
this title, and any conditions imposed by a 
reviewing authority. A decision of the 
building official may be appealed to the 
planning commission in accordance with 
Section 17.88.110. 
  2.  Administrative review of Type 2 
development permits shall follow the 
following procedure:
  a.  The development permit application 
shall be reviewed by planning department 
against the applicable standards contained 
in this title and the application shall either 
be approved, approved with conditions, or 
denied. 
  b.  A decision shall be made within 
twenty days of the receipt of a complete 
application. 
  c.  The decision of the planning 
department shall be by signed written 
order. The order shall comply with Section 
17.88.110(B). The written order is the final 
decision on the matter and the date of the 
order is the date that it is signed. The order 
becomes effective on the expiration of the 
appeal  
filed. 
  d.  The applicant shall be notified of the 
decision in accordance with the provisions 
of Section 17.88.130. Property owners 
within one hundred feet of the exterior 
boundary of the subject property shall 
likewise be notified. 
  e.  A decision on the development 
permit may be appealed to the planning 
commission in accordance with Section 
17.88.140. 
  3.  Administrative review of Type 3 
development permits shall follow the 
following procedure:
  a.  A development permit application 
shall be submitted in accordance with 
Section 17.92.040. 
  b.  A notice of the proposed 
development shall be mailed to property 
owners within one hundred feet of the 
exterior boundary of the subject property. 
The notice shall include the information 
specified in Section 17.88.030(A), (C), 
(D), (E), (G) and (I). The notice shall also 
include a statement that persons are invited 
to submit information within twenty days 
relevant to the standards pertinent to the 
proposal giving reasons why the 
application should or should not be 
approved or proposing modifications the 
person believes are necessary for approval 
according to the applicable standards. 
  c.  Following the end of the notice 
period described in Section 
17.92.010(C)(3)(b), the planning director 
shall approve, approve with conditions or 
deny the application. The decision shall be 
by a signed written order. The order shall 
comply with Section 17.88.110 (B). The 
written order is the final decision on the 
matter and the date of the order is the date 
that it is signed. The order becomes 
effective on the expiration of the appeal 
period, unless an appeal has been filed. 
  d.  The applicant and other persons 
who commented on the proposed 
development permit shall be notified of the 
decision in accordance with the provisions 
of Section 17.88.130. 
  e.  A decision on the development 
permit may be appealed to the planning 
  17.92.020 
  27  (Cannon Beach 10-04) 
commission by a party who commented on 
the proposed development permit in 
accordance with Section 17.88.140. 
  D.  Emergency Issuance. A Type 2 
development permit may be issued without 
meeting the requirements of subsection 
(C)(2) of this section when necessary to 
alleviate an immediate threat to property. 
At the conclusion of the emergency, 
measures taken as a result of the 
emergency will be reviewed and 
appropriate modifications, to conform to 
city standards, shall be made. 
  E.  Expiration. A development permit 
shall become null and void if work has not 
commenced within one hundred eighty 
days of its issuance or if the work is 
abandoned for more than  one hundred 
eighty days after work has started. 
  F.  Revocation. For Type 1 
development permits, the portion of the 
development permit which pertains to 
building code requirements may be 
revoked by the building official upon a 
finding of noncompliance with  the 
standards set forth in the State of Oregon, 
One and Two Family Dwelling Code, or 
the State of Oregon, Structural Specialty 
Code, or with conditions applied to the 
permit. That decision may be appealed to 
the Building Board of Appeals. The 
portion of the development permit which 
pertains to land use standards contained in 
this title may be revoked by the building 
official upon a finding of noncompliance 
with provisions of this title. That decision 
may be appealed to the planning 
commission. A Type 2 development permit 
may be revoked by the city manager upon 
a finding of noncompliance with the 
provisions of this title, or conditions 
attached to the development permit. That 
decision may be appealed to the planning 
commission. 
  Revocation of a development permit is a 
remedy available in addition to and in lieu 
of other remedies provided by this code. 
(Ord. 02-17 ?? 2, 3; Ord. 94-8 ? 22 (part)) 
 
17.92.020  Enforcement. 
  The building official or code 
enforcement officer shall have the power 
and principal responsibility for enforcing 
provisions of this title. Neither the building 
official nor any other public employee or 
official of the city shall issue any permit or 
license for any use, activity or structure 
which violates provisions of this title. Any 
permit or license issued in conflict with the 
provisions of this title, intentionally or 
otherwise, shall be void. (Ord. 94-8 ? 22 
(part); Ord. 90-10 ? 1 (Appx. A ? 69): Ord. 
79-4 ? 1 (11.010)) 
 
17.92.030  Building permits. 
  Before issuing a permit for the 
construction, reconstruction or alteration of 
a structure, it will be the responsibility of 
the building official to make sure that 
provisions of this title will not be violated. 
(Ord. 94-8 ? 22 (part); Ord. 79-4 ? 1 
(11.020)) 
 
17.92.040  Application information. 
  A.  An application for an action or 
permit provided for by this title shall 
consist of:
  1.  A complete application form and the 
appropriate application fee; 
  17.92.050 
  28  (Cannon Beach 10-04) 
  2.  Proof that the property affected by 
the application is in the exclusive 
ownership of the applicant, or that the 
applicant has the consent of all partners in 
ownership of the affected property; 
  3.  Legal description of the property 
affected by the application. 
  B.  If the application is complete when 
first submitted, or the applicant submits the 
requested additional information within 
one hundred eighty days of the date the 
application was first submitted, approval or 
denial of the application shall be based 
upon the standards and criteria that were 
applicable at the time the application was 
first submitted. 
  C.  If an application for a permit or 
zone change is incomplete, the city shall 
notify the applicant of the additional 
information required within thirty days of 
the receipt of the application. The applicant 
shall be given the opportunity to submit the 
additional information required. The 
application shall be deemed complete upon 
receipt of additional information required. 
If the applicant refuses to submit the 
required additional information, the 
application shall be deemed complete on 
the thirty-first day after the governing body 
first received the application. (Ord. 94-8 ? 
22 (part); Ord. 79-4 ? 1 (11.030)) 
 
17.92.050  Consolidated application 
procedure. 
  Where a proposed development requires 
more than one development permit, or a 
change in zone designation from the city, 
the applicant may request that the city 
consider all necessary permit requests in a 
consolidated manner. If the applicant 
requests that the city consolidate his permit 
review, all necessary public hearings 
before the planning commission shall be 
held on the same date. (Ord. 94-8 ? 22 
(part); Ord. 86-10 ? 16: Ord. 79-4 ? 1 
(11.035)) 
 
17.92.060  Filing fee. 
  It shall be the responsibility of the 
applicant to pay for the full cost of 
processing permit applications. Minimum 
fees shall be set by resolution by the city 
council, and the applicant shall pay the 
minimum fee to the city upon the filing of 
an application. Such fees shall not be 
refundable. The applicant shall be billed 
for costs incurred over and above the 
minimum permit fee at the conclusion of 
city action of the permit request. (Ord. 94-
8 ? 22 (part); Ord. 90-3 ? 20: Ord. 90-10 ? 
1 (Appx. A ? 70): Ord. 79-4 ? 1 (11.040)) 
 
Chapter 17.94 
 
ENFORCEMENT 
 
Sections: 
17.94.010  Violation?Penalty. 
17.94.020  Alternative remedy. 
 
17.94.010  Violation?Penalty. 
  A person convicted of violating a 
provision of this title is punishable by a 
fine of not less than one hundred dollars 
nor more than five hundred dollars. Each 
day in which a violation of this title occurs 
shall be considered a separate violation. 
(Ord. 92-1 ? 7: Ord. 85-1 ? 3: Ord. 79-4 ? 
1 (13.010)) 
 
  17.94.020 
  29  (Cannon Beach 10-04) 
17.94.020  Alternative remedy. 
  In case a building or other structure is, 
or is proposed to be, located, constructed, 
maintained, repaired, altered or used in 
violation of this title, the building or land 
in violation shall constitute a nuisance. The 
city may, as an alternative to other 
remedies that are legally available for 
enforcing this title, institute injunction, 
mandamus, abatement or other appropriate 
proceedings to prevent, enjoin temporarily 
or permanently abate, or remove the 
unlawful location, construction, 
maintenance, repair, alteration or use. 
(Ord. 79-4 ? 1 (13.020)) 
 
  17.94.020 
  30  (Cannon Beach 10-04) 
 
  17.94.020 
  31  (Cannon Beach 10-04) 
  17.94.020 
  32  (Cannon Beach 10-04)