Dunes City City Zoning Code
RESIDENTIAL R-1
ZONE
§ 155.065 PURPOSE.
The purpose of the Residential (R-1) Zone is to provide for rural residential living opportunities envisioned in the Comprehensive Plan and to provide for development at densities which will be compatible with, and not adversely affect, the open space, natural resources, and overall environmental quality of the city.
(Ord. 259, passed - -)
§ 155.066 ALLOWED LAND USES.
(A) In the R-1 Zone, the following types of buildings and uses are allowed as hereinafter specifically provided for by this section, and subject to the general provisions and exceptions set forth in this chapter:
(1) (a) One single-family dwelling per lot, which may include site-built, pre-fabricated, or manufactured housing, which meets the requirements of applicable building codes and standards established by the state; and
(b) This provision shall not be construed as abolishing or repealing a recorded restrictive covenant.
(2) Public and semi-public buildings and uses essential to the physical, social, and economic welfare of the city including, but not limited to, fire stations, substations, pump stations, wells, parks, playgrounds, and community centers;
(3) Agriculture, including the growing and raising of trees, vines, shrubs, berries, vegetables, nursery stock, hay, grains, and similar food and fiber products, provided such activity does not conflict with state law; and
(4) Keeping ducks, geese, chickens, rabbits, and other similar fowl and small animals in a sum total numbering 14, or less. If such animals are creating a nuisance, the City Council shall have the power and authority to notify the applicant that they must apply for a conditional use permit. The owners shall then immediately be obliged to apply for a conditional use permit and shall stand before the City Council in that process as though they had not yet acquired the offending small animals and/or fowl and were seeking permission to do so.
(B) Accessory buildings may not be sited prior to the issuance of a residential permit.
(Ord. 259, passed - -)
§ 155.067 CONDITIONAL USES/USES SUBJECT TO REVIEW.
(1) Places of worship;
(2) Fraternal lodges, grange halls, and clubs;
(3) Schools, public and private;
(4) Stables and riding academies;
(5) Animal husbandry, including the raising, tending, or breeding of cattle, horses, sheep, goats, bees, poultry, fur-bearing animals, and swine for purposes of domestic use. Such animal husbandry shall not be part of, or be conducted in conjunction with, any livestock sales yard, slaughterhouse, or animal by-product business. Such use shall include, but not be limited to, the raising of small fowl, animals for show, competitions, or projects sponsored or directed by a school, club, or other social or educational activity;
(6) Bed and breakfast;
(7) Multi-family housing;
(8) Guest houses; and
(9) Recreational marijuana producers.
(B) Plan review shall be required for new structures to be used as residential care homes or facilities, and for conversion of an existing residence to be used as a residential care home, to ensure compliance with the licensing, parking, and other requirements of this code. The Planning Commission shall do this review as a Type I procedure.
(C) Manufactured home parks are allowed subject to approval granted through the subdivision or planned unit development process of this chapter.
(D) Home occupations are allowed subject to approval granted through the home occupation permit process and provisions of § 155.416.
(E) Temporary seasonal and special events, temporary sales offices, or model homes and temporary buildings are allowed subject to approval granted through the temporary use permit process and provisions of § 155.415.
(F) Temporary occupancy of recreational vehicle and travel trailers may be allowed in the R-1 Zone subject to approval granted through the process and provisions of § 155.417.
(Ord. 259, passed - -; Ord. 247, passed 7-11-2018)
§ 155.068 USES NOT ALLOWED.
§ 155.069 REQUIREMENTS IN GENERAL.
(1) Depth. Each lot shall have an average depth between the lot front line and the lot rear line of not less than 150 feet, and shall not be more than two and one-half times the average width between the lot lines. The two and one-half times requirement does not apply to lots greater than five acres in size.
(2) Frontage. Each lot shall have frontage of not less than 60 feet upon a street or street easement, except:
(a) A lot on the outer radius of a curved street or facing a cul-de-sac shall have frontage of not less than 35 feet upon a street, measured on the arc; and
(b) Lots accessed by easement shall conform to the standards of § 155.201(I) and (K).
(B) Lot sidelines. Lot sidelines shall run at right angles to the street upon which the lots face, except that on curved streets they shall be radial to the curve.
(C) Land for public purpose. When the city, the school district, or other public agency has expressed a definite interest in acquiring a specified portion of a proposed division for a needed public purpose and there is reasonable assurance that steps will be taken to acquire the land, then the city may require that those portions of the division be reserved for public acquisition at a negotiated price for a period not to exceed six months from the date of City Council approval of a subdivision preliminary plan.
(D) Lake access. When common access is provided within a subdivision, maintenance must be provided for in deed covenants (CC&Rs).
(E) Setback measurement. Building setbacks are measured from a point on the wall or foundation
nearest to the respective property line. Setbacks for decks and porches are measured from the edge of the deck or porch to the property line. The setback standards, as listed on the following table and illustrated in §§ 155.500 through 155.504, apply to primary structures as well as accessory structures. A variance is required in accordance with §§ 155.465 through 155.470 to modify any setback standard.
(F) Lots with water frontage. Lots with water frontage shall have a minimum of 50 feet water frontage measured at the ordinary high water line.
(Ord. 259, passed - -)
§ 155.070 SPECIFIC REQUIREMENTS.
Requirements for lot area, width, and coverage, yard setbacks, building height, and vision clearances are as set forth in the following table:
R-1 Zone Lot and Structures Requirements | |
Item | Requirement |
R-1 Zone Lot and Structures Requirements | |
Item | Requirement |
Lot area | 1 acre minimum |
Lot average width | 150 ft. minimum |
Lot coverage: Structures/impervious surfaces | 30% maximum |
Riparian corridor | 50 ft. (water-dependent excluded) |
Significant wetlands: Delineated wetlands Non-delineated wetlands | 0 ft. 50 ft. |
Structure height: Height from average grade | Lesser of 32 feet or 2 1/2 stories maximum |
Structure setbacks: Front yard Front yard Rear yard Shoreline Side yard (corner lot) Side yard (interior lot) | 30 ft. from Highway 101 right-of-way 25 ft. from property line 10 ft. from property line 50 ft. (water-dependent uses excluded) 15 ft. from property line 10 ft. from property line |
Notes to Table: For non-conforming lots, foundations may intrude into side yard setbacks no more than two feet, and lot coverage may not exceed 40%. | |
(Ord. 259, passed - -)
§ 155.071 ADDITIONAL REQUIREMENTS.
(A) Additional setback requirements.
(1) Building features. The following building features may project into the required front yard setback no more than five feet, and into the required interior yards setback no more than two feet:
(a) Eaves, cornices, belt courses, sills, awnings, buttresses, HVAC equipment, porches, platforms, decks, and landings;
(b) Chimneys and fireplaces, provided they do not exceed eight feet in width; and
(c) Signs conforming to all other applicable provisions of this chapter.
(2) Utility easements. Where a utility easement is recorded, the setback shall not be less than the width of the easement.
(3) Structures in the setback areas. Structures in lot setback areas are not permitted except for fences, retaining walls, water wellheads, driveways, and utility poles and utility cabinets. Retaining walls are permitted in setback areas only for the purpose of slope or grade stabilization or retention, and may not be part of any other use. The height of retaining walls in the setback areas shall be no higher than that permitted for fences.
(B) Additional height requirements.
(1) Height limits established for the respective zones refer to the height of the building. Roof structures for the housing of elevators, stairways, tanks, ventilating fans, and similar equipment required to operate and maintain the building, fire, or parapet walls, skylights, towers, flagpoles, chimneys, smokestacks, wireless masts, television antennas, steeples, and similar structures may be erected above the height limits prescribed in this chapter, provided that no roof structure, feature, or any other device above the prescribed height limit shall be allowed or used for the purpose of providing additional floor space.
(2) The maximum height of buildings permitted conditionally shall be the same as the requirements of the zone in which it is located unless otherwise specified.
(3) Fences in the front yard setback areas: Chain link unfilled (no slats), ornamental, and other fencing that does not obstruct vision may not exceed six feet in height. Solid fencing that obstructs vision shall be limited to three and one-half feet in height. Fences in the side and rear yard setback areas: Fencing (all types) may not exceed six feet in height.
(4) Fences are not permitted in the shoreland areas.
(C) Additional lot area requirements. The minimum area requirements of this chapter shall not be construed to govern in situations where greater minimum area requirements are imposed or required by state law, state rules, and regulations, or other provisions of this chapter.
(Ord. 259, passed - -)
§ 155.072 RESIDENTIAL DENSITY.
(A) (1) The following density standards apply to all new development.
(2) The standards are intended to ensure efficient use of buildable lands and provide for a range of needed housing in conformance with the Comprehensive Plan.
(B) New land divisions and site developments shall provide for housing at a maximum density of no more than one dwelling per acre.
(Ord. 259, passed - -)
§ 155.073 SPECIAL STANDARDS FOR CERTAIN USES.
§ 155.074 MANUFACTURED HOMES, ACCESSORY PLACEMENT STANDARDS.
(A) (1) Manufactured homes are permitted on individual lots, subject to all of the following design standards, consistent with O.R.S. 197.307(5).
(2) This provision shall not be construed as abolishing or repealing a recorded restrictive covenant. Exception: The following standards do not apply to units which were legally placed within the city prior to the effective date of this chapter.
(B) In addition to all applicable general development standards and requirements for Residential Zones (R-1) outlined in § 155.075, the following standards shall apply.
(1) The manufactured home shall be multi-sectional (“double wide” or wider) and enclose a space of not less than 1,000 square feet.
(2) The manufactured home shall be placed on an excavated and back-filled foundation and enclosed at the perimeter.
(3) The manufactured home shall have a pitched roof greater than a nominal three vertical feet in height for each horizontal 12 feet in width.
(4) The manufactured home shall have exterior siding and roofing which in color, material, and appearance is comparable to the exterior siding and roofing material commonly used on residential dwellings within the city.
(5) The manufactured home shall be certified by the manufacturer to have an exterior thermal envelope meeting performance standards which reduce levels equivalent to the performance standards required of single-family dwellings constructed under the State Building Code, as defined in O.R.S. 455.010.
(6) The manufactured home shall be installed in accordance with O.R.S. 446.155 through 446.285, O.A.R. 918-500 et seq., and the installation instructions as supplied by the manufacturer.
(Ord. 259, passed - -)
§ 155.075 ACCESSORY BUILDINGS.
(A) Accessory buildings in the Residential Zone include detached garages, sheds, workshops, greenhouses, guesthouses, and similar structures. No accessory building in the Residential Zone may have a kitchen facility. Accessory buildings may not be sited prior to the issuance of a residential building permit. A building permit may not be issued for an accessory building until the certificate of occupancy for the primary residence has been issued.
(B) Accessory buildings shall be limited in size not to exceed the total square foot area of the primary residence’s footprint and shall not exceed the height of the primary residence. Accessory buildings shall be constructed from the same materials and style and design of the primary residence. Exception: Buildings 200 square feet or less are exempt from the materials, style, and design requirements provision.
(Ord. 259, passed - -)
§ 155.076 BED AND BREAKFAST.
(A) Bed and breakfasts in the R-1 Zone shall be an operator-occupied or owner-occupied home that is primarily used for this purpose.
(B) A maximum of five bedrooms for rent is allowed and one off-street parking space is required for each bed rented.
(Ord. 259, passed - -)
§ 155.077 RESIDENTIAL CARE HOMES AND FACILITIES.
RESIDENTIAL CARE HOMES are residential treatment or training homes or adult foster homes licensed by the state. They may provide residential care alone, or in conjunction with treatment and/or training, in “homes” for five or fewer individuals, or “facilities” for six to 15 individuals, none of whom need be related. Staff persons required to meet state licensing requirements shall not be counted in the number of facility residents and need not be related to each other or the residents. Residential care homes and facilities shall comply with the following standards, consistent with O.R.S. 197.660 through 197.670.
(A) Licensing. All residential care homes shall be duly licensed by the state.
(Ord. 259, passed - -)
§ 155.078 GUEST HOUSES.
A GUEST HOUSE is a separate structure either constructed on-site or a manufactured dwelling, but not a recreational vehicle. Guest houses shall be constructed from the same materials and style and design of the primary residence. One guest house shall be allowed per lot of record in the R-1 Zone, provided that setback and height standards of the zone are met. The primary dwelling and guest house shall be considered as one dwelling unit. Land divisions separating an approved guest house from the primary dwelling shall not be allowed. A guest house must conform to the following standards.
(A) The maximum floor area of the guest house shall be 850 square feet, excluding the garage.
(B) A guest house may include a toilet or bathroom plus one additional sink, but shall not include a stove, oven, or other cooking appliances.
(C) The guest house shall be located within 100 feet of the primary dwelling to which it is accessory. The distance shall be measured from the closest portion of each structure.
(D) The guest house shall receive all utilities via extensions of the same service lines as that of the primary dwelling for water, electric, gas, or alternative energy. No separate meters for the guest house shall be allowed.
(E) If the primary dwelling is on a septic system, then the guest house shall use the same septic system as the primary dwelling, pending certification that the existing system is adequate to accommodate the additional residential use.
(F) The guest house shall not have a separate address from the primary dwelling.
(G) The guest house shall not be rented for any purpose other than as part of the property as a whole.
(Ord. 259, passed - -)
§ 155.079 SIGNS.
(A) Within the Residential (R-1) Zone, signs may be installed after an application is submitted and city approval is granted pursuant to the Type I process defined in § 155.283. The standards for signs in the R-1 Zone are as follows:
(1) One nameplate, not exceeding four square feet in area, for each dwelling unit identifying a home occupation. Nameplates less than four square feet in area indicating the name and/or address of the occupant of a residence are exempt from the application and approval process;
(2) One sign not exceeding 12 square feet in area for buildings other than dwellings;
(3) One sign not exceeding six square feet pertaining to the sale or rental of property; and
(4) One sign not exceeding 18 square feet in area advertising the sale of property or undeveloped property of two acres or greater.
(B) Signs announcing the division and improvement of property in the Residential (R-1) Zone may be erected according to the following provisions.
(1) The sign may not exceed 50 square feet in area.
(2) The sign may be double-faced; each side may be 50 square feet in area or less.
(3) The top of the sign may not be more than ten feet about the ground level, and the sign may not be erected nearer than ten feet to any property line.
(4) Two such signs are permitted in each subdivision larger than five acres that fronts on two or more streets.
(5) Two directional signs, each being six square feet or less, being either single- or double-faced, may be erected outside the platted subdivision area, not within the public right-of-way.
(6) Monument signs shall be approved at or before final plat approval using a Type II process as defined in § 155.284.
(C) No sign shall be constructed, erected, or maintained which:
(1) Purports to be or is an imitation of, or resembles, an official traffic sign or signal;
(2) By reason of its size, location, movement, content, coloring, or manner of illumination may be confused with or construed as a traffic control device; or which hides from view any traffic or street sign or signal;
(3) Advertises or publicizes an activity, business product, or service no longer conducted on the premises upon which such signs are maintained;
(4) Is equipped with moving, rotating, or otherwise animated parts;
(5) Uses banners, flags, posters, pennants, ribbons, streamers, flashing or intermittent light, lights, or oral or olfactory devices; and
(6) Is found to be a public nuisance pursuant to Chapter 91.
(Ord. 259, passed - -)
§ 155.080 RECREATIONAL MARIJUANA PRODUCERS.
(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MARIJUANA. All parts of the plant Cannabis family cannabaceae, whether growing or not; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin. It does not include the stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
RECREATIONAL MARIJUANA PRODUCER. The growing, or other production, of five or
more plants of the Cannabis family cannabacea, or any part of the plant Cannabis family cannabaceae, and the seeds of the plant by any business licensed by the State Liquor Control Commission.
RECREATIONAL MARIJUANA BUSINESS. Any business licensed by the State Liquor Control Commission to engage in the business of producing, processing, wholesaling, researching, testing, or selling marijuana or marijuana items.
(B) In addition to all other requirements set forth in this subchapter, recreational marijuana producers shall comply with the following additional standards:
(1) All recreational marijuana producers shall hold, in good standing, a license issued by the State Liquor Control Commission;
(2) The facility must comply with all applicable laws and regulations of the city code including, but not limited to, the development, land use, zoning, building, fire, and business license codes;
(3) All doorways, windows, and other openings shall be located, covered, or screened in such a manner to prevent a view into the interior from any exterior public or semipublic area;
(4) Facilities must use an air filtration and ventilation system, which is certified by a state licensed mechanical engineer, to ensure, to the greatest extent feasible, that all objectionable odors associated with the marijuana production is confined to the licensed premises. For purposes of this division (B)(4), the standard for judging objectionable odors shall be that of an average, reasonable person with ordinary sensibilities after taking into consideration the character of the neighborhood in which the odor is made and the odor is detected;
(5) Facilities must maintain adequate outdoor lighting over each exterior exit, however, such lighting shall be placed and directed in a manner to avoid reflection or glare on adjacent properties;
(6) Heat and glare created by the recreational marijuana producer must not be discernible at or beyond the property line;
(8) Written evidence must be provided to show that a plan showing and describing the security measures to be utilized within and around the facilities has been provided to the County Sheriff’s Department and Siuslaw Valley Fire and Rescue;
(9) Written evidence must be provided to show that all applicable fees have been paid and there are no governmental liens, fines, or violations existing against the property proposed for use by the marijuana producer;
(10) Written evidence must be provided to show the water source that will serve the property proposed by the recreational marijuana producer;
(11) Recreational marijuana producers may not be located within 1,000 feet from the following facilities, measured in a straight line from the closest property line on which the recreational marijuana production will take place to the closest edge of the property line on which the facility is located. These distance limitations between facilities are based upon the facilities surrounding the proposed recreational marijuana producer facility at the time the proposed recreational marijuana producer facility’s application for a conditional use permit is first submitted pursuant to § 155.067:
(a) A public park;
(b) A campground or resort which serves children under 18 years of age; or
(c) A school bus stop location which serves children under 18 years of age, at the location of the stop at the time the conditional use permit is issued.
(12) No more than one marijuana business may be located on the same property, parcel, address, or tax lot;
(13) No drive-up or drive through services shall be permitted; and
(14) Any other conditions deemed necessary by the Planning Commission or the City Council to protect the public health and safety of the residents of the city.
(C) Should the real property for which a conditional use permit for recreational marijuana producers has been issued pursuant to this subchapter no longer be used for the purpose of producing or growing recreational marijuana, or should said real property change ownership in any manner, the conditional use permit shall be automatically terminated, effective immediately.
(Ord. 247, passed 7-11-2018)