The purpose of the R-3 District is to provide areas for a mixture of single-family, two-family (duplex), multifamily, manufactured homes, and limited retail and service commercial uses.

(Ord. No. 2011-06, § 2, 12-19-2011)

A.

The following residential and noncommercial uses are permitted in the R-3 District when developed under the applicable development standards of this title:

1.

Single-family dwelling, detached, on one lot or parcel, subject to the design standards in Section 16.220.070D., and other applicable sections, and a manufactured home on one lot or parcel subject to the design standards in Sections 16.220.070D., and 16.390.020, Manufactured Home Standards, and other applicable sections;

2.

Attached single-family dwelling, subject to the provisions in Sections 16.220.070D., Single Family Dwelling Design Standards, and 16.220.120, Attached Dwellings, and other applicable sections;

3.

Two-family dwelling (duplex);

4.

Multifamily dwellings, including apartments, townhouses and condominiums, subject to the provisions of Section 16.568, Site Development Review, and other applicable sections;

5.

Manufactured home park, subject to the provisions of Section 16.556, Manufactured Home Park Applications, and other applicable sections;

6.

Bed and breakfast establishment, subject to the provisions of Sections 16.415, Bed and Breakfast Establishments, and 16.568, Site Development Review;

7.

Residential care home, subject to the design standards in Section 16.220.070D., residential care facility, assisted living center, and nursing facility subject to the provisions of Section 16.568, Site Development Review, and other applicable sections;

8.

Day nursery with less than thirteen (13) children and day care center with thirteen (13) or more children;

9.

Planned unit development, subject to the provisions of Sections 16.570, Subdivisions, 16.562, Planned Unit Developments, and other applicable sections;

10.

Home occupation, subject to the provisions of Sections 16.550, Major Home Occupation and 16.552, Minor Home Occupation;

11.

Accessory structures:

a.

For a lot or parcel where the primary use is a single-family dwelling, manufactured home, or duplex, accessory structures are allowed in accordance with the following:

i.

Less than one hundred fifty (150) square feet in gross floor area:

(A)

Maximum height: Ten (10) feet;

(B)

Located in a side or rear yard; and

(C)

Except for greenhouses, the roofing and siding shall be materials typically used for single family residential exterior walls and roofs, and not of corrugated metal or fiberglass, or canvas, or tarpaulin.

(D)

Notwithstanding A.11.a.i.(A)—(C), a one-vehicle carport may be a pre-fabricated metal structure provided the siding is horizontal lap siding, the gable end is horizontal lap siding, and the roof and siding shall not be corrugated metal or fiberglass, or canvas, or tarpaulin.

ii.

One hundred fifty (150) to four hundred fifty (450) square feet in gross floor area:

(A)

Except for green houses, the roofing and siding shall be materials typically used for single family residential exterior walls and roofs, and not of corrugated metal or fiberglass, or canvas, or tarpaulin;

(B)

Maximum height: Twenty (20) feet;

(C)

Located in a side or rear yard; and

(D)

Notwithstanding A.11.a.ii.(A)—(C), a one-vehicle carport may be a pre-fabricated metal structure provided the siding is horizontal lap siding, the gable end is horizontal lap siding, and the roof and siding shall not be corrugated metal or fiberglass, or canvas, or tarpaulin.

(E)

Prohibited Structures: Shipping containers and portable on demand storage structures.

b.

For a lot or parcel where the primary use is a multi-family dwelling, accessory structures are allowed provided they are:

i.

In compliance with the requirements for the zoning district and other applicable sections of this title; and

ii.

Constructed of roofing and siding materials which are similar to that of the multi-family dwelling on the site, and less than twenty (20) feet in height.

c.

For a lot or parcel where the primary use is a non-residential use, accessory structures are allowed provided they are:

i.

In compliance with the requirements for the zoning district and other applicable sections of this title; and

ii.

Constructed of roofing and siding materials which are similar to that of the dwellings on the abutting properties, and less than twenty (20) feet in height.

d.

For a property where the primary use is a multi-family dwelling, accessory structures are allowed provided they are:

i.

In compliance with the requirements for the zoning district and other applicable sections of this title; and

ii.

Constructed of roofing and siding materials which are similar to that of the multi-family dwelling on the site, and less than twenty (20) feet in height.

e.

For a property where the primary use is a non-residential use, accessory structures are allowed provided they are:

i.

In compliance with the requirements for the zoning district and other applicable sections of this title; and

ii.

Constructed of roofing and siding materials which are similar to that of the dwellings on the abutting properties, and less than twenty (20) feet in height.

12.

Public park, and open space;

13.

House of worship and the reasonable use of the real property for activities customarily associated with the practices of the religious activity, including but not limited to the uses set forth in Section 16.220.130, House of worship uses, subject to the provisions in Chapter 16.568, Site development review, and other applicable sections;

14.

Accessory Dwelling Unit, subject to the provisions of Section 16.220.120, Accessory Dwelling Unit Standards.

B.

The following commercial uses are permitted in the R-3 District, subject to the provisions of Section 16.568, Site Development Review, the provisions in subsection C. of this section, and other applicable sections:

1.

Professional offices;

2.

Retail trade establishments engaged in selling goods or merchandise to the general public for personal or household consumption such as retail groceries, hardware stores, department stores and sporting goods stores, excluding gas stations;

3.

Retail service establishments offering services and entertainment to the general public for personal or household consumption such as eating and drinking establishments (excluding drive-in restaurants), motels, hotels, banks, real estate, and financial services;

4.

Business service establishments engaged in rendering services to other businesses on a fee or contract basis such as building maintenance, employment services, and consulting services.

5.

Clinics.

C.

Commercial uses permitted in accordance with subsection B. of this section shall be subject to the following limitations:

1.

The activity shall be conducted wholly within an enclosed building.

2.

The maximum lot size for any commercial use shall be one-acre.

3.

The lot shall abut a collector or arterial street.

4.

Uses operating before 7:00 a.m. or after 10:00 p.m. shall be a conditional use subject to the provision of Section 16.546, Conditional Use Permit.

5.

Commercial uses shall not engage in the manufacturing, processing, assembly or compounding of products other than those clearly incidental to the business conducted on the premises.

6.

The conduct of any business activity shall not generate or produce noise, odor, dust, smoke, vibration, or other similar impacts.

7.

The commercial use shall have a floor area of two thousand five hundred (2,500) square feet or less.

(Ord. No. 2011-06, § 2, 12-19-2011; Ord. No. 2016-04, § 2, 6-20-2016; Ord. No. 2018-02, § 2, 5-21-2018)

The following uses may be permitted in the R-3 District subject to obtaining a conditional use permit:

A.

Commercial uses, permitted in Section 16.220.020, operating before 7:00 a.m. or after 10:00 p.m.;

B.

Public facility or government use;

C.

Cemetery;

D.

Accessory structures over four hundred fifty (450) square feet in gross floor area:

1.

For a lot or parcel where the primary use is a single-family dwelling, manufactured home, or duplex, accessory structures may be allowed in accordance with the following:

a.

Except for green houses, constructed of roofing and siding materials which are typically used for single family residential roofs and exterior walls, and not of corrugated metal or fiberglass, or canvas, or tarpaulin;

b.

Maximum height: Twenty (20) feet;

c.

Located in a side or rear yard; and

d.

Prohibited Structures: Shipping containers and portable on demand storage structures.

2.

For a lot or parcel where the primary use is a multi-family dwelling, accessory structures are allowed provided they are:

a.

In compliance with the requirements for the zoning district and other applicable sections of this title;

b.

Constructed of roofing and siding materials which are similar to that of the multi-family dwellings on the site; and

c.

Less than twenty (20) feet in height.

3.

For a lot or parcel where the primary use is a non-residential use, accessory structures are allowed provided they are:

a.

In compliance with the requirements for the zoning district and other applicable sections of this title;

b.

Constructed of roofing and siding materials which are similar to that of typical good quality commercial materials; and

c.

Less than twenty (20) feet in height.

E.

Medical marijuana facility (dispensary) and recreational marijuana retail salesfacility provided the conditional use permit criteria in Section 16.546.040 and the following are met:

1.

Shall not be located within one thousand (1,000) feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors;

2.

Shall not be located within one thousand (1,000) feet of a licensed early education school or day care with an annual average daily attendance of at least fifteen (15) children;

3.

Shall not be located within one thousand (1,000) feet of city park (between Yamhill and Sherman Streets at Box Street), the Veterans' Memorial (West Main and Florence Street) or the city's southside park (fishing pond park);

4.

Shall not be located within one thousand (1,000) feet of the city library;

5.

Shall not be located within one thousand (1,000) feet of another medical marijuana facility or a recreational marijuana retail sales facility;

6.

A medical marijuana facility and a recreational marijuana retail sales facility shall not open earlier than 7:00 a.m. and shall close no later than 10:00 p.m.;

7.

Provide evidence to the city the medical marijuana facility business is currently licensed under the state's medical marijuana facility licensing system under ORS 475.300 through 475.346 or the recreational marijuana retail sales facility business is currently licensed under the state's recreational marijuana retail sales facility licensing system under OAR 845.025 and applicable Oregon Administrative Rules;

8.

A medical marijuana facility or a recreational marijuana retail sales facility shall be located in a permanent building and may not locate in a trailer, cargo container or motor vehicle;

9.

The exterior appearance of the structure shall not cause blight, or cause deterioration or avoidable depreciation in property values within the general vicinity;

10.

Cultivation or infusion of medical marijuana or recreational marijuana at the site of a medical marijuana facility or a recreational marijuana retail sales facility is prohibited;

11.

A medical marijuana facility or recreational marijuana retail sales facility shall provide for the secure disposal of marijuana remnants and by-products; such remnants and by-products shall not be placed within the facility's unsecured exterior refuse containers;

12.

Drive-through services are prohibited;

13.

The on-site consumption of marijuana in any form is prohibited.

(Ord. No. 2011-06, § 2, 12-19-2011; Ord. No. 2015-02, § 4, 4-20-2015; Ord. No. 2016-01, § 2, 1-19-2016; Ord. No. 2016-04, § 2, 6-20-2016; Ord. No. 2018-02, § 2, 5-21-2018; Ord. No. 2018-03, § 1, 7-16-2018)

The following density provisions shall apply:

A.

For detached single family dwellings and detached manufactured homes on an individual lot or parcel: The minimum lot or parcel size shall be five thousand (5,000) square feet.

B.

For two-family and multi-family dwellings: The minimum density shall be eight units per net acre and the maximum density shall be twenty (20) units per net acre.

C.

For manufactured home parks: see Section 16.556, Manufactured Home Parks, Density.

(Ord. No. 2011-06, § 2, 12-19-2011)

A.

For detached dwellings, the maximum lot or parcel coverage for primary and accessory structures, paved driveways and parking areas, and paved patio areas greater than four hundred (400) square feet, shall not exceed seventy-five (75) percent of the area of the lot or parcel.

B.

For all other dwellings, the maximum lot or parcel coverage for primary and accessory structures, paved driveways and parking areas, and paved patios greater than four hundred (400) square feet, shall not exceed seventy-five (75) percent of the area of the lot or parcel.

(Ord. No. 2011-06, § 2, 12-19-2011)

The following minimum dimensional standards shall be required for all development in the R-3 District, except for modifications permitted under Sections 16.220.110, Attached Dwellings, 16.320, Yards and Setbacks, and 16.562, Planned Unit Development Application:

A.

Minimum Lot Area.

1.

Single-family dwelling:

a.

Detached: five thousand (5,000) square feet,

b.

Attached (one side): four thousand (4,000) square feet,

c.

Attached (two sides): three thousand five hundred (3,500) square feet;

2.

Two-family dwelling (duplex): seven thousand five hundred (7,500) square feet;

3.

Multifamily dwelling:

a.

First three units: nine thousand (9,000) square feet,

b.

Each additional unit: two thousand (2,000) square feet;

4.

Manufactured home subdivision lot: five thousand (5,000) square feet;

5.

Manufactured home park: see Section 16.556, Manufactured Home Park Application.

6.

Public utility structures: lot area shall be adequate to contain all proposed structures within the required yard setbacks;

7.

Commercial use: five thousand (5,000) square feet;

8.

All other uses: five thousand (5,000) square feet.

B.

Minimum Yard Setbacks. All principal and accessory structures shall maintain the following minimum yard setbacks:

1.

Single family and two-family (duplex) dwellings:

a.

Front yard: fifteen (15) feet to the structure wall and twenty (20) feet to the garage door;

b.

Rear yard:

i.

One to 1.5 stories: ten (10) feet to the structure wall and twenty (20) feet to the garage door;

ii.

Two or more stories: fifteen (15) feet to the structure wall and twenty (20) feet to the garage door;

c.

Side yard (interior): five feet to the structure wall;

d.

Side yard adjacent to a street: fifteen (15) feet to the structure wall and twenty (20) feet to the garage door;

e.

For attached single family dwellings, see Section 16.220.110, Attached Dwellings.

2.

Multi-family and non-residential structures:

a.

Front yard: twenty (20) feet to the structure wall and twenty (20) feet to the garage door;

b.

Rear yard:

i.

One to 1.5 stories: ten (10) feet to the structure wall and twenty (20) feet to the garage door;

ii.

Two or more stories: fifteen (15) feet to the structure wall and twenty (20) feet to the garage door;

c.

Side yard (interior): five feet to the structure wall;

d.

Side yard adjacent to a street: fifteen (15) feet to the structure wall and twenty (20) feet to the garage door;

C.

Maximum Structure Height.

1.

Principal structure: thirty-five (35) feet;

2.

Accessory structure: twenty (20) feet.

3.

Height Exceptions for Public Buildings. Public or quasi-public buildings, houses of worship, hospitals, and educational institutions when permitted in the R-3 District may be constructed to a height not to exceed 1.75 times the height limit for the district, provided the required yards are increased one-foot for each two feet of additional building height above the height regulation for the district.

D.

Lot Width and Depth. The depth of a lot or parcel shall not be more than 2.5 times the width of the lot or parcel, with the following exceptions:

1.

Individual lots or parcels for townhouse units shall not be less than twenty (20) feet in width. Lot or parcel depth may vary, but shall be adequate to provide a minimum of three hundred (300) square feet of semiprivate outdoor living space for each unit.

2.

Individual lots or parcels for single-family attached dwelling units shall not be more than 3.5 times the lot or parcel width.

3.

Lots or parcels for public utility uses shall be exempt from the width-to-depth ratio provisions.

(Ord. No. 2011-06, § 2, 12-19-2011)

Development in the R-3 District shall comply with the applicable provisions of Section 16.310, General Standards, and other applicable sections. In addition, the following standards shall apply:

A.

Off-street Parking. Parking shall comply with Section 16.340, Off-street Parking and Loading.

B.

Yards and Setbacks. Yards and setbacks shall comply with Section 16.320, Yards and Setbacks.

C.

Signs. Signs shall comply with the requirements of Section 16.395, Signs.

D.

Single Family Dwelling Design Standards. All new single-family dwellings, including manufactured homes on individual lots and parcels, shall contain at least three of the following design elements on the elevation of the dwelling which fronts the street, except a side or rear elevation which fronts a street:

1.

Dormer(s) or gable(s);

2.

Cupola(s);

3.

Bay or bow window(s);

4.

Exterior shutters;

5.

Recessed entry or entries;

6.

Front porch at least one hundred (100) square feet in area;

7.

Covered porch entry or entries; and

8.

Pillars or posts in the front entry or entries.

9.

Eave(s) (minimum 6 inches).

10.

Off-set(s) on building face or roof (minimum 16 inches).

E.

Multifamily Residential. Multifamily residential uses, including a residential care facility, shall comply with the following standards:

1.

Multifamily developments, including a residential care facility, shall be subject to the provisions of Section 16.568, Site Development Review.

2.

Landscaping.

a.

A minimum of twenty-five (25) percent of the gross site area shall be landscaped. The landscaping may include buffer areas or outdoor recreation facilities.

b.

All required yard areas adjacent to a street shall be landscaped, except for an off-street parking area provided a minimum five-foot landscape strip abuts the yard area adjacent to a street.

3.

Building Separation. All multifamily residential structures within a multi-structure development shall maintain a minimum horizontal separation distance of at least fifteen (15) feet.

4.

Street Access. Access points to public streets shall not access a designated collector or arterial street if access to a local street is available.

5.

Refuse. Refuse areas shall be screened by a one hundred (100) percent sight obscuring fence or wall at least five-feet in height. The fence or wall may be screened by an evergreen hedge at least three-feet in height and capable of attaining a height of at least five-feet.

6.

Residential Care Facility. An applicant proposing a residential care facility shall provide the city a copy of the application and supporting documentation for state licensing of the facility, except for information which is exempt from public disclosure under ORS 192.410 to 192.505. The city manager, or designee, may determine that independent proof of the same conditions that have been required by the department of human services under ORS 418.205 to 418.327 for licensing of a residential care facility is not required to be submitted.

F.

Commercial uses shall comply with the following standards:

1.

Outside storage areas shall be screened by a one hundred (100) percent sight-obscuring fence or wall at least five-feet in height. The fence or wall may be screened by an evergreen hedge at least three-feet in height and capable of attaining a height of at least five-feet.

2.

Street Access. Vehicle access points to public streets shall minimize traffic congestion, maximize safety, and shall not access designated collector and arterial streets if access to a local street is available.

3.

A minimum of ten (10) percent of the gross site area shall be landscaped. The landscaping may include buffer areas.

4.

Commercial and non-residential uses in the R-3 District shall be subject to the provisions of Section 16.568, Site Development Review and other applicable sections.

(Ord. No. 2011-06, § 2, 12-19-2011)

In the R-3 District there shall be no more than one main building on a lot or parcel, except where multifamily dwellings or commercial buildings are built.

(Ord. No. 2011-06, § 2, 12-19-2011)

A.

A redevelopment plan shall be included with a land use application or, if no land use application is required, the building permit application, for development on a lot or parcel with a remaining undeveloped portion of more than one-acre.

B.

The redevelopment plan shall show how the remaining undeveloped portion of the property could be developed in the future consistent with the requirements of the R-3 District and other applicable sections.

C.

The redevelopment plan may be revised or modified at the time of future development provided the revised plan complies with the applicable requirements of the R-3 District and other applicable sections.

(Ord. No. 2011-06, § 2, 12-19-2011)

No manufactured home, modular home, or conventionally built home which has been previously occupied at another location shall be located on an individual lot or parcel, or in a manufactured home park, in the R-3 District.

(Ord. No. 2011-06, § 2, 12-19-2011)

A single-family dwelling on an individual lot or parcel and attached at a common wall to an adjacent single family dwelling on its own individual lot or parcel shall meet the following standards:

A.

No more than seven contiguous dwellings may be built with a common wall on one or two sides. There is no minimum length for the common wall.

B.

Setbacks.

1.

Attached single family dwellings shall comply with the setback requirements for the front yard, rear yard and yard adjacent to a street.

2.

Interior side yard requirements shall be met when any part of an exterior wall faces, but is not contiguous to, a side lot line. Otherwise, the interior side yard requirements shall not apply.

C.

Accessory Buildings. The provisions of this section apply to accessory and main buildings.

(Ord. No. 2011-06, § 2, 12-19-2011)

Where allowed, ADUs shall conform to the following standards:

A.

An ADU may be detached from the primary dwelling, an addition to the primary dwelling, the conversion of a portion of the primary dwelling, or an addition to or the conversion of an attached or detached garage, provided the requirement for at least two (2) parking spaces for the primary dwelling and two (2) parking spaces for the ADU is met.

B.

An ADU may be "stick-built," a manufactured home or a modular structure. A storage container is not allowed.

C.

The property owner shall occupy the primary dwelling or the ADU.

D.

Number of Units. A maximum of one (1) ADU for each detached single-family dwelling on a lot of record.

E.

Floor Area. An ADU shall not exceed four hundred fifty (450) square feet of gross floor area, or forty (40) percent of the primary dwelling's gross floor area, whichever is smaller. The floor area of a garage attached to the primary dwelling shall not be included in the calculation of the maximum floor area. An ADU's minimum floor area shall comply with the requirements of the Oregon Building Code Division.

F.

Building Construction. An ADU shall comply with applicable Oregon Building Code or manufactured home requirements.

G.

An ADU shall comply with the development standards of the underlying zoning district, except as set forth in this section.

H.

A detached ADU shall be recessed back at least one (1) foot behind the building elevation of the primary dwelling facing a public or private street.

I.

Parking. Two (2) on-site parking spaces per ADU shall be provided in addition to the minimum parking requirement of the primary dwelling. The ADU parking spaces are not required to be in a carport or garage, but their surface shall be paved or concrete. The ADU parking spaces shall be accessed via an existing driveway or a new driveway provided the driveway is not on an arterial and is installed in accordance with the Sheridan Public Works Construction Code.

J.

Screening and Buffering. A hedge, wall or fence shall be installed on or within one (1) foot of the property line separating a detached ADU from an abutting lot containing a single-family dwelling for the purposes of visual screening and privacy between uses. A hedge shall be evergreen plants at least four (4) feet high above grade at the time of planting and no more than two (2) feet apart. A wall or fence shall be six (6) feet in height and one hundred (100) percent sight obscuring at the time of installation.

K.

A detached ADU shall not be located in a front yard or a side yard adjacent to a public or private street.

L.

A detached ADU shall not exceed the height of the primary dwelling.

M.

A detached ADU shall be at least six (6) feet from the primary dwelling.

N.

Architectural Standards. An ADU shall:

1.

Provide a pitched roof at least "three (3) in twelve (12)" pitch;

2.

Provide eaves extending from the wall at least six (6) inches;

3.

Be recessed back at least one (1) foot behind the building elevation of the primary dwelling facing a public or private street; and

4.

Provide at least two (2) of the following design elements in the elevation which faces a public or private street, except a side yard or a rear yard adjacent to a public or private street:

a.

Dormer window(s) or gable window(s) at least two (2) feet by two (2) feet;

b.

Cupola(s);

c.

Bay or bow window(s) at least two (2) feet by two (2) feet;

d.

Exterior shutters on each window;

e.

Covered or uncovered porch at least twenty-five (25) square feet in area;

f.

At least two (2) pillars or posts associated with a covered porch;

5.

Each of subsection (4)a.—f., counts as one (1) design element. For example, two (2) dormers count as one (1) element and two (2) shutters on a window count as one (1) element.

(Ord. No. 2018-02, § 2, 5-21-2018)

House of worship uses include, but are not limited to:

A.

Worship services;

B.

Religious classes;

C.

Weddings;

D.

Funerals;

E.

Meal programs;

F.

Child care, but not including private or parochial school education for pre-kindergarten through grade twelve (12) or higher education;

G.

Where a house of worship is in a residential district, the housing permitted outright or permitted conditionally in the district is allowed in accordance with the development standards of the residential district and is not required to comply with subsection (H)1.—4.

H.

Where a house of worship is in a residential district, in addition to, or in place of, the housing allowed in subsection (G), affordable housing or space for affordable housing in one (1) or more buildings detached from the place of worship, is allowed provided:

1.

At least fifty (50) percent of the residential units provided under this paragraph are affordable to households with incomes equal to or less than sixty (60) percent of the median family income for the county in which the real property is located;

2.

The real property is in an area zoned for residential use that is located within the urban growth boundary; and

3.

The housing or space for housing complies with applicable land use regulations and meets the standards and criteria for residential development for the underlying zone.

4.

Housing and space for housing provided under subsection (G)1.—4., must provide a covenant appurtenant that restricts the owner and each successive owner of the building or any residential unit contained in the building from selling or renting any residential unit described in subsection (G)1.—4., as housing that is not affordable to households with incomes equal to or less than sixty (60) percent of the median family income for the county in which the real property is located for a period of sixty (60) years from the date of the certificate of occupancy.

(Ord. No. 2018-02, § 2, 5-21-2018)