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Yachats City Zoning Code

CHAPTER 9

60 PLANNED UNIT DEVELOPMENT

§ 9.60.010 Purpose.

The purpose of the P.U.D. is to permit the application of new technology and greater freedom in design in land development than may be possible under a strict interpretation of the provisions of this title. The use of these provisions is dependent upon the submission of an acceptable plan and satisfactory assurance it will be carried out. Such plan should accomplish substantially the same objectives as are proposed by the comprehensive plan for the area.
(Ord. 73E § 7.010, 1992)

§ 9.60.020 General requirements.

A. 
In the case of a planned unit development the regulations contained in this chapter may, if necessary, be modified as they apply to streets, blocks and lots when adequate access to major thoroughfares, adequate light and air circulation, recreational areas, open space and lot area per dwelling are provided.
B. 
A planned unit development may be established in any zone.
C. 
A planned unit development shall have a minimum of two contiguous acres.
D. 
A planned unit development may include any uses permitted outright or conditionally in the zone in which it occurs. Where the underlying zone is residential, any residential uses permitted in R-1 through R-4 zones may be permitted when compatible with each other and harmonious with adjacent uses.
E. 
Overall residential density shall be as provided for in the applicable use zone or zones. Density shall be computed based on the total gross land area of the subject property, excluding area devoted to commercial or other nonresidential uses allowed in the underlying zone, but including street and private common areas.
F. 
Yards, setbacks, lot area, lot coverage and similar dimensional requirements may be modified upon application to and approval by the Planning Commission, consistent with the design objectives of the proposed development.
G. 
No building shall exceed a height of 30 feet except:
1. 
That the height increase can be justified on the basis of unique lot characteristics, topographical conditions or other natural features; and/or
2. 
That the height increase can be justified on the basis of amenities provided or concessions made by the developer for which some bonus incentive is warranted.
H. 
At least 40% of the land area will be dedicated or reserved as usable common outdoor living and open space land in residential, recreational or combination residential-commercial development, exclusive of required streets.
I. 
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 unless waived by the Planning Commission.
J. 
The Planning Commission may require easements necessary for orderly extension of public utilities to future adjacent developments.
K. 
Lands and structures not dedicated to the public but reserved for use by owners or tenants and their guests must be subject to an association of owners or tenants created to form a nonprofit corporation under the laws of the State of Oregon. The association shall be formed and continued for the purpose of maintaining such common areas and structures.
L. 
Developments shall provide for safe, well-marked pedestrian ways that do not conflict with vehicular traffic.
(Ord. 73E § 7.020, 1992; Ord. 320, Amending 09/12/2013)

§ 9.60.030 Procedure for proposing P.U.D.

A. 
Preliminary Plan Application. An applicant shall submit a preliminary plan of a planned unit development to the City. The preliminary plan shall include the following data:
1. 
The name, address and phone number of the land owner and developer;
2. 
The tax lot number and the section, township and range in which the property is located;
3. 
The date, north point and scale of the drawing;
4. 
A vicinity sketch showing the location of the P.U.D. in relation to known landmarks in the City;
5. 
The approximate location and dimensions of all proposed boundary lines;
6. 
Approximate area of the property being subdivided and each parcel;
7. 
Name, location and width of all existing and proposed roads, rights-of-way and easements;
8. 
Existing zoning of the property;
9. 
Existing and proposed uses of the property;
10. 
Approximate location and use of all existing structures to remain on site. Indicate those to be removed;
11. 
Any limitations to development; i.e., topography, areas subject to flooding, geologic hazards, drainage channels on property, etc. In areas of 12% or greater slope, a geological report shall be submitted, in accordance with provisions of Section 9.52.050;
12. 
Proposed use, location, dimensions, height and type of construction of all buildings. Proposed number of dwelling units, if any, to be located in each building;
13. 
Proposed circulation pattern including the location, width and surfacing of streets, private drives, and sidewalks; the location of any curbs; the status of street ownership; and the location of parking areas and the number of spaces therein;
14. 
Proposed use of all open spaces including a plan for landscaping;
15. 
Proposed grading and drainage pattern;
16. 
Proposed method and plan for provision of water supply, sewage disposal, and electrical facilities;
17. 
Relationship of the proposed development to the surrounding area and to the comprehensive plan.
B. 
Review of Preliminary Plan by Other Departments. The City Planner shall distribute copies of the preliminary plan for review and comment to the Yachats Department of Public Works; Yachats Rural Fire Protection District; Oregon Department of Transportation, if the proposed development is within 1,000 feet of a state highway; and to any other appropriate federal, state or local agencies. Officials of these agencies shall have a minimum 14 days for review prior to the Planning Commission meeting.
C. 
Approval of Preliminary Plan.
1. 
Preliminary plans shall be processed and decisions made in accordance with the schedule identified in the most current Oregon Revised Statutes. The Planning Commission may grant time extensions upon written request by the applicant prior to expiration of the approval or conditional approval.
2. 
If the preliminary plan for the planned unit development is approved, the Planning Commission (or City Council in the case of appeal) may attach conditions it finds necessary to carry out the purpose of this title. These conditions may include, but are not limited to, the following:
a. 
Increasing the required setbacks;
b. 
Limiting the height of buildings;
c. 
Controlling the location and number of vehicular access points;
d. 
Establishing new streets, increasing the right-of-way or roadway width of existing streets, requiring curbs and sidewalks, and, in general, improving the traffic circulation, in accordance with recommendations given by the Yachats department of Public Works and/or the Public Works and Streets Committee;
e. 
Increasing the number of parking spaces and improving design standards for parking areas;
f. 
Limiting the number, size, location and lighting of signs;
g. 
Designating sites for open space and recreational development, and, in general, improving landscaping requirements;
h. 
Requiring additional view-obscuring screening or fencing;
i. 
Requiring performance bonds to assure that the planned unit development is completed as approved within the time limit as established by the Planning Commission;
j. 
Requiring appropriate contractual agreement with the county or with special districts to assure development of streets, curbs, gutters, sidewalks, and all utilities to acceptable standards.
D. 
Submitting the Map.
1. 
Within two years after the approval of the preliminary plan, a map of the P.U.D. shall be submitted to the Planning Commission for approval. The map shall be a survey of the P.U.D. or a photographic copy thereof. Maps shall be in substantial conformity to the approved preliminary plan and conditions of approval.
2. 
In addition to the information as required on the preliminary plan the following information shall be provided:
a. 
Accurate legal description of all parcels and roads;
b. 
The deed dedicating to the public all common improvements, including, but not limited to, streets and roads, the donation of which was made a condition of approval of the preliminary plan for the P.U.D.;
c. 
A copy of all protective deed restrictions;
d. 
Street and drainage construction plans;
e. 
The certification, performance agreement or statement regarding the availability of water and sewerage services as provided in Section 9.60.040;
f. 
The location of the approved site for the septic system if applicable.
E. 
Map Approval. Within thirty days of the receipt of a P.U.D. map as provided in this title, the City staff shall refer the map to the Planning Commission for a decision. The applicant shall be notified in writing of the time and place of the Planning Commission meeting. Unless appealed, the decision shall become effective on fifteen days after rendered. When the approval becomes effective, the City Planner shall endorse his or her approval on the map. The map shall then be recorded in the offices of Lincoln County. Approval of the submitted map shall be considered as final when a copy of the recorded map is provided to the City.
(Ord. 73E § 7.030, 1992; Ord. 175, 1995; Ord. 320, 09/12/2013; Ord. 381, 4/15/2026)

§ 9.60.040 Development of a P.U.D.

A. 
Parks and Open Spaces. The Planning Commission may require the developer to provide area for park and recreation purposes. The area(s) shall be of a design and location acceptable to the Planning Commission, based on suitability for park and recreation purposes.
B. 
Partial Development. If a proposed P.U.D. area includes only part of a tract, the Planning Commission may require a sketch of the tentative layout of lots, streets, and open space in the remainder of that tract.
C. 
Duplication of Names. The official name of the P.U.D. shall be approved by the Lincoln County Surveyor's Office.
D. 
Water. All lots in the P.U.D. shall be served by a public water system. No plat or map of a P.U.D. shall be approved unless the City has received and accepted:
1. 
A certification by the Public Works Director that water will be available from the nearest point of supply; or
2. 
A performance agreement in accordance with Section 9.56.020.G that a water supply system will be installed by or on behalf of the developer to the boundary line of each and every lot or parcel in the P.U.D.
E. 
Sewer. No plat or map of a P.U.D. shall be approved unless the City has received and accepted:
1. 
A certification by the Public Works Director that sewage service will be available at the nearest point of collection; or
2. 
A performance agreement in accordance with Section 9.56.020(G) that sewage disposal lines will be installed by or on behalf of the developer to the boundary line of each and every lot or parcel depicted in the proposed P.U.D.;
3. 
Where sewerage service is not available, the Department of Environmental Quality or county health department shall approve the proposed use of the land for the P.U.D. A statement that public sewerage service is not available and that the proposed method of sewage disposal has been approved will be provided to the purchaser of each lot or parcel in the proposed P.U.D. A copy of any such statement signed by the developer and endorsed by the Planning Commission chair shall be filed by the developer with the real estate commissioner.
F. 
Performance Agreement. If all improvements required by the Planning Commission and this title are not completed according to specifications as required herein prior to the time the plat or map is duly submitted for consideration and approval, the Planning Commission may accept in lieu of the completion of improvements a performance agreement or bond executed by the developer and his or her surety company with the City Council conditioned upon faithful performance and completion of all such improvements within a period of time stated in such performance agreement and approved by the Planning Commission. The performance agreement or bond shall be in accordance with Section 9.56.020(G).
G. 
Appeals. See Section 9.88.120.
(Ord. 73E § 7.040, 1992; Ord. 320, Amending, 09/12/2013)