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Orland City Zoning Code

CHAPTER 17

28 - R-3 RESIDENTIAL MULTIPLE FAMILY-PROFESSIONAL ZONE

Sections:


17.28.010 - Purpose and applicability.

The residential multiple family or R-3 zone is intended to apply to areas of the city where it is reasonable to permit and project high-density apartment development and for professional offices with a conditional use permit. The regulations of this chapter and provisions of Chapter 17.76 shall apply in all residential multiple family, apartment-professional or R-3 zones.

(Ord. 2007-05 § 3 (part))

17.28.020 - Principal permitted uses.

Principal permitted uses in the R-3 zone are as follows:

A.

Single-family dwellings, two-family dwellings and triplexes;

B.

Multiple dwellings (duplex, triplex, or fourplex) for not more than four families per structure;

C.

Second dwellings in accordance with the provisions of Section 17.76.130;

D.

Pre-manufactured structures in accordance with the provisions of Section 17.76.120;

E.

Small family day care homes;

F.

Agricultural worker housing;

G.

Emergency shelters;

H.

Supportive housing;

I.

Transitional housing.

J.

Accessory dwelling units and junior accessory dwelling units subject to the provisions of Section 17.76.130.

(Ord. 2007-05 § 3 (part))

(Ord. No. 2014-02, § IV; Ord. No. 2018-03, Exh. A; Ord. No. 2020-06, (Exh. B))

17.28.030 - Administratively permitted uses.

Administratively permitted uses in the R-3 zone are as follows:

A.

Home occupations in accordance with the provisions of Section 17.76.060;

B.

Rooming and boarding houses;

C.

Yard sales as defined and permitted in Section 17.76.160;

D.

One detached storage building or shop in accordance with the provisions of Sections 17.28.060(E);

E.

Patio covers and shade structures that satisfy the provisions of Section 17.28.060(F);

F.

Tract sales offices in conjunction with sale of lots in a subdivision subject to provisions of Section 17.76.140;

G.

Public and quasi-public uses of an administrative, recreational, public service or cultural nature including city, county, state, or federal administrative centers, courts, libraries, museums, police and fire stations, schools and other public buildings and structures (fairgrounds and civic centers); parks and recreation, public playgrounds, cemeteries, reservoir, historical sites and monuments, wastewater treatment, airport and corporation yard;

H.

Single-room occupancy (SRO) housing.

I.

Electric vehicle charging stations.

(Ord. 2007-05 § 3 (part))

(Ord. No. 2014-02, § V; Ord. No. 2022-02, Exh. A)

17.28.040 - Conditional uses requiring use permits.

Conditional uses requiring use permits in the R-3 zone are as follows:

A.

Multiple dwellings (apartment, townhouses or condominium development) greater than four families per structure; or greater than four units per parcel;

B.

Hotels, motels;

C.

Private institutions, including day care centers, rest homes, sanitariums, convalescent homes, homes for the elderly and similar operations;

D.

Professional offices;

E.

Guest houses and servants' quarters;

F.

Boardinghouse and rooming houses;

G.

Public and private noncommercial recreation facilities;

H.

Public and private schools, churches, public parks, public buildings and golf courses;

I.

Temporary dwelling for the convalescence of the immediate family members in accordance with the provisions of Section 17.76.040;

J.

Beds and breakfasts;

K.

Public utility buildings and uses;

L.

Home occupations not consistent with the provisions of Section 17.76.060;

M.

Communication towers and support facilities;

N.

Crop and tree farming;

O.

Manufactured home parks or subdivisions subject to a minimum of three thousand (3,000) square feet for each space or lot;

P.

Social halls, fraternal and social organizations;

Q.

Mortuaries;

R.

Small animal hospitals completely enclosed within a building.

(Ord. 2007-05 § 3 (part))

17.28.050 - Lot requirements.

Lot requirements in the R-3 zone are as follows:

A.

Minimum lot area: six thousand (6,000) square feet, and seven thousand (7,000) square feet for corner lots, but not less than two thousand (2,000) square feet of lot area for four or less units; three thousand, three hundred (3,300) square feet of lot area for four or greater units;

B.

Minimum lot width: sixty (60) feet and seventy (70) feet for corner lots;

C.

Maximum lot depth: three times lot width;

D.

Maximum building coverage; seventy (70) percent.

(Ord. 2007-05 § 3 (part))

17.28.060 - Design requirements.

Design requirements for structures in the R-3 zone are as follows:

A.

Minimum building width: twenty (20) feet;

B.

Minimum roof slope: 3:12;

C.

Minimum roof eave overhang: twelve (12) inches;

D.

A carport or enclosed garage for each dwelling unit shall be provided for all new construction as follows:

1.

Single-family: Two on-site "covered" spaces, At least one space shall be equipped with a dedicated 208/240 volt electrical outlet to allow for installation of a level 2 electric vehicle charging station,

2.

Duplex, triplex or fourplex: One covered and one uncovered on-site space, At least one space shall be equipped with a dedicated 208/240 volt electrical outlet to allow for installation of a level 2 electric vehicle charging station,

3.

Other multifamily (use of "covered" spaces is optional):

a.

Studio or one-bedroom units: 1.5 on-site spaces per unit,

b.

Two or more bedrooms per unit: two on-site spaces per unit,

c.

New construction of multifamily properties exceeding fifty (50) units shall require the installation of a minimum of one EV charging station that can be shared by two parking spaces. For multifamily developments, the location of the EV charging stations shall be located in common or guest parking areas. If a fee is charged for charging vehicles, the fee shall be based on market conditions for similar EV charging stations within the community. No more than ten (10) percent of the parking spaces shall be dedicated as EV charging only spaces.

When required, a two-space carport or garage shall be at least twenty (20) feet by twenty (20) feet (interior dimensions) with a minimum sixteen (16) foot wide garage door. Each required covered and uncovered parking space shall be paved and shall be a minimum of ten (10) foot by twenty (20) foot (except as otherwise prohibited in Section 17.76.100 of this code). Driveway access from street to all on-site parking spaces shall be paved;

The maximum height for a detached garage or carport is fifteen (15) feet. Additional height above fifteen (15) feet may be granted up to a maximum of twenty-five (25) feet whereby an additional one foot of building setback is provided for each additional foot of building height.

E.

A single detached storage or shop building shall meet the following criteria:

1.

The storage or shop building shall conform to the maximum building coverage requirements,

2.

The height of the storage building shall not exceed fifteen (15) feet,

3.

The roof pitch and construction materials of the building shall be similar to that of the dwelling unit,

4.

Shall not be located in any required front yard (closest to the front property line) or in front of the primary structure, whichever distance is greater,

5.

Consistent with setbacks for this zone district;

F.

Patio covers and shade structures shall meet the following criteria. Those not meeting this criteria shall meet the yard, height and design criteria for main buildings:

1.

Set back a minimum of ten (10) feet from the rear and side yard property line,

2.

Open on at least two sides,

3.

Maximum height: twelve (12) feet,

4.

Minimum six-foot spacing on support posts shall be provided;

G.

Heating and air conditioning units may be located in the side yard of those lots where a dwelling exists at the time of adoption of the ordinance codified in this chapter;

H.

At a minimum, the following landscaping is required:

1.

The required front yard shall be landscaped and not used for parking. The only area not landscaped within the required front yard is the driveway access to the required parking area, which shall not exceed twenty-five (25) feet in width;

2.

Landscaping within the front setback area shall include one, fifteen (15) gallon-sized tree for each fifty (50) feet of frontage. At least one of the trees must be planted within seven feet of the sidewalk. At least one gallon-sized shrub must be planted for each five feet of frontage;

3.

In addition to the required trees and shrubs, the landscaped area may shall also be planted with turf or ground cover plants. Turf shall be limited to twenty-five (25) percent or less of the total yard area for water conservation purposes. Live ground cover plants shall be planted on fifty (50) percent or more of the yard area;

4.

Turf shall not be planted on sloped areas which exceed a slope of one-foot vertical elevation change for every four feet of horizontal length.

Climate adapted plants that require occasional to no summer water (average WUCOLS plant factor 0.3*) shall be planted for seventy-five (75) percent of the plant area. Use of flowering plant varieties known to benefit honeybees is encouraged;

5.

Other decorative non-plant ground covers may be used as long as they do not exceed twenty-five (25) percent of this landscaped area. Gravel, colored rock, walk-on bark, and similar materials shall be used in combination with the live groundcover in all non-turf areas as a mulch to control weeds and conserve or retain water until a living groundcover has achieved full coverage;

6.

All plants utilized for landscaping must be planted either directly into the native soil of the front yard, or, if compostable pots are used and it is so desired, the compostable pot may be planted into the soil along with the plant;

7.

A minimum three-inch layer of mulch shall be applied on all remaining exposed soil surfaces;

8.

Where landscaping is provided, adequate irrigation and maintenance thereof shall be provided, including replacement of dead trees, shrubs, vines or other ground cover required pursuant to this section.

*WUCOLS: Water Use Classification of Landscape Species published by the University of California Cooperative Extension and the Department of Water Resources 2014.

I.

Any multifamily project of fifteen (15) or more units shall provide the following recreation area:

1.

A defined and fenced play area which may include fixed play equipment, ball courts, swimming or wading pools and similar child play facilities,

2.

The play area shall not be less than five hundred (500) square feet, or twenty-five (25) square feet for each apartment unit, whichever is greater.

(Ord. 2007-05 § 3 (part))

(Ord. No. 2015-01, § 1(Exh. A); Ord. No. 2020-04 (Exh. A); Ord. No. 2022-02, Exh. A)

17.28.070 - Setbacks.

A.

Minimum yard requirements in the R-3 zone are as follows:

Main building:

1.

Front: twenty (20) feet;

2.

Rear: fifteen (15) feet, twenty-five (25) feet if adjacent to an R-1 zone district;

3.

Side: five feet, fifteen (15) feet if adjacent to an R-1 zone district. Side setback on a corner lot facing the street shall not be less than twenty (20) feet.

Accessory building:

1.

Front: thirty-five (35) feet;

2.

Rear: fifteen (15) feet, unless otherwise specified herein;

3.

Side: five feet, unless otherwise specified herein. Side setback on a corner lot facing a street shall not be less than twenty (20) feet.

B.

Special Yards for Dwelling Groups. The distance between separate buildings of a dwelling group shall be not less than twelve (12) feet. The distance between the front of any dwelling unit in the group and any side lot line shall be not less than fifteen (15) feet.

C.

Exceptions to the minimum yards established above are as follows:

1.

Cornices, eaves, canopies, bay windows, chimneys and similar architectural features may extend a maximum of two and one-half feet into such yards. Uncovered porches or stairways, fire escapes or landings may extend a maximum of six feet into front or rear yards and three feet into side yards.

2.

Detached accessory buildings shall not be located within five feet of any main building, nor within five feet of a side lot line, nor encroach on any easement. Accessory buildings attached to main buildings shall be structurally a part thereof and shall comply with main building yard requirements.

3.

If the property abuts a public alley, the rear setback shall be as detailed in Table: R-3 Structure Setbacks of this section.

4.

The rear setback for a detached garage that meets the following requirements shall be as detailed in Table: R-3 Structure Setbacks of this section:

a.

The height shall not exceed fifteen (15) feet;

b.

The roof pitch and construction materials of the garage shall be similar to that of the dwelling unit; and

c.

The garage walls shall be parallel and/or perpendicular to the property lines. Any garage wall which is both parallel to and within twenty (20) feet from the property line(s) shall be approved by the city building official.

5.

Where more than one-half of the block is occupied with buildings, the required front yard may be reduced to the average of those of the improved sites, but in no case shall be less than twelve (12) feet.

6.

If any building is so located on a lot that the front or rear thereof faces any side lot line, it shall be at least twenty (20) feet from such side lot line.

7.

Outdoor swimming pools and spas located within ten (10) feet of any side yard, rear yard or structure, shall be set back from said side yard, rear yard or structure a distance equal to the depth of the pool within said ten (10) foot area, but in no instance shall the setback be less than five feet. Pools and spas shall not be located in a required front yard.

8.

See Section 17.76.190 - Fence standards for fence height and setback regulations.

_____

R-3 STRUCTURE SETBACKS

YardStructureSetback
Front House/Main Building 20
Garage 20
Accessory Structure Not allowed
Pool or spa Not allowed
Side (interior lot) House/Main Building 5
(15′ if adjacent to R-1)
Garage 5
Patio covers and shade structures 5
Accessory 5
House facing side yard 25
Side yard facing street (corner lot) House/Main Building 20
Garage (at same front plane as house) 20
Garage (behind rear plane of house, with alley access only) 10
Accessory structure (same plane as house) 20
Accessory structure (behind rear plane of house) 10
Rear House/Main Building 15
(25' if adjacent to R-1)
Garage (detached, no alley) 10
Garage (on alley) Zero, if min. 24′ backup available into alley
Garage or accessory structure in rear yard abutting land on which no structure can be built (example: abutting US Bureau of Reclamation ditch right-of-way) Zero
Accessory structure (on alley) Zero
Accessory structure (no alley): Zero
Less than or equal to 120 square foot footprint, and less than or equal to six feet tall Zero
Metal sided and roofed
Structure less than or equal to six feet tall Zero
Metal sided and roofed
Structure greater than six feet tall 1′ for each foot of height above six feet, up to ten feet
Non-metal sided and roofed structure greater than 120 square feet and greater than six feet tall Minimum 5′, plus 1′ for each foot of height above 6′, up to 10′
Patio covers and shade structures 10

 

(Ord. 2007-05 § 3 (part))

(Ord. No. 2015-01, § 1(Exh. A); Ord. No. 2021-01, (Att. B))

17.28.080 - Height.

Maximum building height in the R-3 zone is forty-five (45) feet except where otherwise restricted herein for specified accessory buildings.

(Ord. 2007-05 § 3 (part))