GUIDELINES FOR DETERMINATIONS
WRITTEN BY THE BAYSHORE BEACH CLUB PLANNING COMMITTEE
These Guidelines are provided by the Bayshore Beach Club to assist members and building contractors in following the requirements of the C & Rs. They also provide a basis for the Planning Committee in the performance of their duties and to serve in the best interest of all property owners. These Guidelines meet the intent of and will be enforced through the authority as set forth in the Bayshore Beach Clubs governing instruments, i.e., C & Rs, Articles of Incorporation and the By-laws.
Property owners recognition of and compliance with these Guidelines will be appreciated by all members of the Bayshore community.
GENERAL AUTHORITY AND PURPOSE
C & R Article II, Subsection 1:
Authority and Purpose
Zoning is to be enforced by the Planning Committee as set forth in each divisions C & Rs or Lincoln County Zoning ordinance, whichever is the more restrictive.
C & R Article II, Subsection 2:
A. Plans to Comply
All buildings and structures to conform to Lincoln County Building Regulations, and the requirements by the Planning Committee.
B. Written Approval
All plans and specifications for any improvement to any lot shall be submitted to the Planning Committee and approved in writing before commencement of construction.
C. Exterior Completion
Exterior to be completed with six months from commencement of construction (hereby defined as the date of issue of a County Building Permit.) A portable toilet must be on site prior to start of construction. Occupancy will not be permitted until the final inspection by Lincoln County has been completed.
D. New Materials
All buildings and structures shall be of new materials of wood, stone, brick, glass, steel, concrete or like materials. Newly developed synthetic and/or composite materials shall be subject to Planning Committee approval.
E. Environmental Impact
Structures to be erected shall be placed upon the subject property so as to minimize impact upon the environment and adjacent properties. Planning Committee review and written approval shall be obtained prior to ground cover removal.
C & R Article II, Subsection 3:
A. Size
All dwellings shall be a minimum of 850 square feet of usable living area.
B. Height
Any height variation over the 15 foot limitation above the average original grade requires written approval of the Planning Committee. See section "Guidelines for Height Exceptions" of this document and attachment B, Establishing the Average Original Grade.
C & R Article II, Subsection 4:
Landscaping
1.Upon completion of construction, ground cover must be replaced or landscaping provided to a level of soil stability at least equal to that of the lot prior to construction.
2.Trees, plants and shrubs planted shall not exceed six (6) feet in height without written approval of the Planning Committee, and shall be maintained at such height.
3.Propane tanks and burn barrels shall be located on the lot in accordance with Lincoln County requirements, and shall be fenced or protected by landscaping so as not to pose a sight nuisance to neighbors
4.Fence to be erected shall require prior written approval of the Planning Committee before installation begins. All fence heights and placements are to meet the requirements of Lincoln County Planning Department and in no case exceed 72" in height. 42" in height across the front of the lot. 42" in height along setback area, a distance of 20 feet minimum, on each side. Remainder of side and back can be 72". Exception is 42" high fence also applies to side yards if the lot is a corner lot. This is mainly for traffic safety.
Revised 4/18/03
5.Above ground septic systems shall be landscaped to blend the structure into surrounding area and minimize the sight nuisance effect to neighbors.
6.Property owners will be responsible for removal of all noxious weeds from their properties as defined by Lincoln County and State of Oregon regulations.
7.Temporary signage, such as, political, real estate and others shall be allowed but shall be removed when no longer current. No permanent commercial signage will be allowed on any residential property.
C & R Article II, Subsection 5:
Setbacks
a. All setbacks shall meet Lincoln County Building Code Requirements. No building shall be located on any lot nearer than twenty (20) feet to the front property line nor nearer than five (5) feet to any side property line and ten (10) feet from back property line (See Attachment A)
b. Special conditions apply to decks, steps and other protrusions from the basic building. These refer to structure that is cantilevered beyond the foundation of the basic building. These protrusions will not extend into the building setbacks more than 1/3 of the setback. Free standing structures, such as, garden sheds, greenhouses, decks, patios, walkways, etc. may not be placed in the setbacks. Planning Committee approval is required prior to construction.
Revised 4/18/03
C & R Article II, Subsection 6:
Minimum Lot Size
No dwelling shall be erected or placed on any lot having an area of less than 5,000 square feet, without express written approval from the Planning Committee.
C & R Article II, Subsection 7
Cuts, Fills, Utility Reserved easements may be utilized for public purposes as authorized by the Planning Committee, with the approval of the Board of Directors.
Sewerage and Drainage
No change in the natural drainage shall be made by any lot owner without Easements prior approval from the Planning Committee. Lots in some areas may require culverts under driveways by the direction of the Bayshore Road District.
Revised 4/18/03
C & R Article II, Subsection 8:
Nuisance or Noxious
No noxious or offensive activity shall take place on any lot, nor nuisance to the neighborhood, which shall be construed as any condition or disturbance that violates the "right of quiet enjoyment" or is visually displeasing. These shall include, but are not limited to: unkempt lots, outside storage of inappropriate materials, excessive noise, barking dogs, uncontrolled dogs, abandoned vehicles, trash and debris.
C & R Article II, Subsection 9:
Temporary Living
Written approval by the Planning Committee must be issued for self-contained travel trailers, RVs or similar vehicles for habitation use during construction, with specific time limitations for each use.
C & R Article II, Subsection 10:
Vehicles
No commercial vehicle or equipment, transport or utility trailer, inoperative vehicles with expired license plates, boats, boat trailers, RVs or similar items shall be stored on any property without prior written approval of the Planning Committee.
Individuals with recreational vehicles and boats on trailers shall be allowed five (5) days each for loading, unloading, and cleaning.
C & R Article II, Subsection 11:
Laundry
Folding drying racks not over four (4) feet tall will be permitted in the yard and will be stored inside when not in use. No permanent laundry lines allowed.
C & R Article II, Subsection 12:
Antennae
Antennae are not permitted other than a dish type antennae less than 24" in diameter. Written permission for a C.B. and/or ham radio, TV antennae will be at the discretion of the Planning committee.
Revised 4/18/03
C & R Article II, Subsection 13:
Livestock
No animals, livestock or poultry of any kind shall be raised, bred or kept on any of said property, except that dogs, cats and other household pets may be kept provided they are not kept, bred or maintained for any commercial purpose.
C & R Article II, Subsection 14:
Garbage
No lot shall be used as a dumping ground for rubbish, refuse or garbage. Garbage or other waste shall be placed in sanitary containers and removed weekly. Containers for waste or incineration shall be kept in an area, which will not pose a sight nuisance to neighbors. Trash containers kept near to the street (more than 10 feet from front of house or garage) is to be placed in an enclosure that hides the container from drive-by-sight and reduces the possibility of wind blown trash and debris. The enclosures will be architecturally pleasing in appearance (i.e. using siding, fencing or lattice type material) and easy for trash collection people to empty containers. 1 yard or 1 _ yard Commercial type "dumpsters" are permitted on property as long as they are housed in an enclosure as previously described and with paved area provided for disposal personnel to roll unit to a pick-up location. The enclosure to be located within the boundaries of the building lot and not in the street right-of-way.
Revised 4/18/03
Exception will be made for sites of new construction and major remodel and is allowed until building exterior is finished. (See Article II, Subsection 2c.) Construction dumpsters may be positioned on the right-of-way with the provision that it is no closer than 5 feet from the edge of the street paving and does not create a safety hazard.
C & R Article II, Subsection 1:
Sewerage Systems
No individual sewage disposal system shall be permitted on any lot or upon any of the said property unless the system is designed, located and constructed in accordance with the requirements, standards and approval of the Lincoln County Public Health Authorities.
C & R Article II, Subsection 17:
Ground Cover
No ground cover shall be stripped, removed, or destroyed from any property, except as may be necessary in new dwelling construction or approved landscaping changes that upon completion, ground cover or landscaping shall be replaced.
COMMERCIAL AND MULTI-FAMILY
C & R Article II, Subsections 1 through 3:
Any height over 15 feet must have prior written approval of the Planning Committee. All commercial uses and duplex residences must have prior written approval of the Planning Committee.
GUIDELINES FOR COMMERCIAL DETERMINATIONS:
Land Use
Zoning created by protective covenants and Lincoln County Zoning Ordinances, whichever is more restrictive, shall prevail.
Commercial
A commercial use shall be determined appropriate if it meets the Requirements.
Following requirements.
Will benefit the residents of all seven divisions of Bayshore.
Road Use
Provide for an agreement whereby Commercial users would pay a proportionate amount for maintenance of Bayshore Drive and any other impacted Bayshore roads maintained by the Bayshore Road District.
Signs
Any business sign erected or replaced on property within the confines of the Bayshore subdivision shall have prior written approval of the Planning Committee if it is over two feet square per establishment. The number of signs to be erected in excess of one shall require prior written approval.
Information Required for
Size of building, number of occupants, estimated Determination traffic load, estimated parking space, appearance of building, desirability for the needs of the Bayshore community, aesthetic value, architectural design blending with structures in existence, landscaping to be done and maintained.
Appeal of Determination 3. Appeal of a Determination.
If the Planning Committee makes an unfavorable determinations, the petitioner may take the proposal to the next regularly scheduled Board of Directors meeting.The petitioner shall notify the board at least (1) one week prior to a scheduled meeting, requesting inclusion of the appeal on the agenda.
GUIDELINES FOR HEIGHT EXCEPTIONS
Height Exceptions
Determinations will be on an individual lot basis.
Flood Zones
Exceptions to the 15 foot height requirement will be allowed to a lot owner to comply with local government ordinances imposed since Bayshore was originally developed, especially those regarding flood plain zones. For flood plain zones, FIRM Zone A-0, the 15 foot height is measured from the "highest adjacent grade" defined in 2000 LCC Chapter 1, page 87. Written approval from the Planning Committee is required prior to grading.
View
Obstruction of view of neighboring lots, if a view would be possible when all lots are built upon, is considered, when considering a height exception.
Notification and Application Fee.
Application Fee
Height Variance requests submitted by the property owner/builder must be followed by written notification sent by the Planning Committee to all property owners within 300 feet of the applicants lot lines. An application fee shall be assessed to cover the handling and notification expenses by the Planning Committee.
The Planning Committee shall hear the request no sooner than 30 days after the mailing, at the next regularly scheduled Planning Committee meeting.
Time Limit & Restrictions Restrictions
Height Variance approvals shall be valid for a period of 120 days from date of issue unless constructionhas commenced during the time. Height Variance approvals are not transferable or sellable, and are null and void if property is sold.
If an approval expires, the applicant shall be required to re-submit an application in accordance with these guidelines.
GUIDELINES FOR MANUFACTURED HOMES
1.Building requirements for manufactured homes are based upon the same Covenants and Restrictions dictated for site built construction of homes. An "attractive and aesthetically pleasing design for any building", C & R Article II, Subsection 2, is required.
2.Manufactured homes shall meet Federal H.U.D. code requirements.
3.Manufactured homes placed on any Bayshore property shall:
GUIDELINES FOR ARCHITECTURAL STYLE
C & R Article II, Subsection 2:
Architectural Control
All buildings and structures shall be new construction and no imitations of any material shall be used for exterior finish, which shall be of wood, stone, brick, glass, steel, concrete or a like material, except as otherwise expressly authorized by the Planning Committee. The Planning Committee may, in addition to such other regulations and requirements impose regulations and requirements requiring an attractive and aesthetically pleasing design for any building to be erected and requiring the placement on the subject property in such a manner as to minimize the impact on the environment and upon other lands within the sub-division, and particularly adjacent property.
Aesthetic Appearance Considerations
1. Roof style.
2. Placement of windows.
3. Minimum square footage.
4. Materials used.
5. Overall appearance and proportion.
6. Placement on lot preservation of views.
7. Color of roof and building no bright colors neutral colors that blend with the environment.
8. Landscaping.
9. Fences and decks.
MISCELLANEOUS INFORMATION
Any and all references to "Architectural and Planning Committee" shall also be known as "Planning Committee".
Approval of construction plans submitted to the Planning Committee, must be signed by a majority of the Planning Committee members.
Any approval granted by the Planning Committee under false, fraudulent, or misrepresented circumstances will not be considered a valid approval. The Bayshore Beach Club, Inc. will not be required to abide by any such approval. Upon discovery of any such circumstance, all parties will be notified by the Bayshore Beach Club in writing. Legal action may be taken against the person obtaining approval under these circumstances.
BAYSHORE BEACH CLUB GUIDE FOR SUBMITTING PLANS
Plans and specifications shall be drawn on reproducible paper. Drawings are to clearly indicate that the work proposed shall conform to the provisions of Bayshore Beach Club Declaration of Covenants and Restrictions. Two (2) copies of all plans shall be submitted.
INFORMATION TO BE INCLUDED ON DRAWINGS:
1.Name, address, and phone number of lot owner Division, Block and Lot numbers Street address of the property, if known Name, address, and phone number of builder, if known
2.Plot Plan Showing location of the house and any other detached structure that may not be a part of the proposed construction, i.e., future garage, storage shed, fences, etc. (indicated by dotted lines.)
3.Indicate:
4.Show north (meridian) on all drawings.
BAYSHORE BEACH CLUB COVENANTS REQUIRE:
(a)Work is to be prosecuted diligently until completion of exterior, which must be within six months of commencement.
(b)Upon completion of construction, ground cover must be replaced or landscaping provided to a level of soil stability at least equal to that of the lot prior to construction.
APPROVED PLANS:
(a)Two sets of plans are required, one set will be returned to owner as approved and one set will be retained by Bayshore Beach Club.
*Average original grade to be established in conformance with ATTACHMENT B
ESTABLISHING AVERAGE ORIGINAL GRAD
NOTICE: TO ALL CONTRACTORS, BUILDERS, AND HOMEOWNERS.
SEE ATTACHED PLAN VIEW FOR REFERENCE