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Yachats City Zoning Code

CHAPTER 9

64 STREET CONSTRUCTION AND DESIGN

§ 9.64.010 Design standards.

Any street constructed within and dedicated to the City as a City street, or dedicated to the public for use as a street and constructed after the date of the ordinance codified in this section shall comply with Chapter 7.04. In addition, the following standards shall apply to all streets, i.e., public streets and private streets:
A. 
Clear-Vision Areas. A clear-vision area shall be maintained at each intersection between streets, alleys, or driveways.
1. 
The clear-vision area is a triangle defined on two sides by the distance specified in subsection (A)(3) of this section from the intersection of the curb line or, where no curb exists, the edge of the street, alley, or driveway surface edge, and on the third side by the line across the corner of the non-intersecting ends of the two other sides.
2. 
No temporary or permanent obstruction (e.g., structure, fence, or shrub vegetation) greater than three feet in height shall be placed in clear-vision areas on streets, driveways, or alleys, as shown in the clear-vision area diagram shown in Section 9.64.010(B). Trees exceeding this height may be located in this area provided all branches and foliage are removed to a height of eight feet above grade.
3. 
For clear-vision areas, the minimum distance along the vehicle pathways shall be:
a. 
Fifteen feet for intersections not involving an alley or an intersection angle of less than 30 degrees;
b. 
Ten feet for intersections including an alley;
c. 
Twenty-five feet for intersections where the angle between two streets or a street and a driveway is less than 30 degrees.
B. 
Fences, Hedges and Walls. Fences, hedges, and walls may be located within required yards as permitted by zoning, but shall not exceed three feet in height within the clear-vision area as illustrated in the diagram shown below. Hedges that front Highway 101 are exempt from this height requirement as long as the height does not interfere with clear-vision area requirements of Section 9.64.010(A)(3).
Clear-Vision Area Diagram
-Image-19.tif
C. 
Street Intersections. Streets shall intersect one another at an angle as near to a right angle as is practical considering the topography of the area and previous adjacent layout. Intersections shall be designed so that no danger to the travelling public is created as a result of staggered intersections; and in no case shall intersections be offset less than 100 feet.
D. 
Cul-De-Sacs and Turn-Arounds. In general, dead end (cul-de-sac) streets in urban subdivisions (average lot size under one acre) shall not exceed 400 feet in length and shall terminate in a turn-around with a minimum property line radius of 45 feet or other type of turn-around approved by the Planning Commission. Turn-arounds approved by the Planning Commission shall be provided on all dead-end streets.
E. 
Easements.
1. 
Where alleys are not provided, easements of not less than five feet in width shall be provided on each side of the rear line or side line for necessary utility lines, wires, conduits, storm and sanitary sewers, gas and water. Easements of the same or greater widths may be required along boundary lines or across lots or parcels where necessary for the extension of utility lines, waterways, and walkways, and to provide necessary drainage ways or channels.
2. 
A private easement established without full compliance with these regulations may be approved by the Planning Commission provided it is the only reasonable method by which the rear portion of an unusually deep lot or parcel may be provided vehicular access.
F. 
Blocks. No block shall be longer than 1,200 feet between street lines.
G. 
Public Access Ways. When necessary for public convenience and safety, the Planning Commission may require the land divider to dedicate to the public access ways 10 to 20 feet in width to connect to cul-de-sacs, to pass through oddly shaped or unusually long blocks, to provide access to schools, parks, beaches or other public areas, of such design and location as reasonably required to facilitate public use.
H. 
Public Streets. If topography or other physical conditions make a street of the minimum required width impractical, the Planning Commission may modify this street regulation requirement provided the public and future owner's interests are adequately protected.
I. 
The layout of streets shall give suitable recognition to surrounding topographical conditions in accordance with the purpose of this title.
J. 
Variance. The standards for street construction may be varied by the Planning Commission where topography, soil characteristics, or other factors indicate such variance would be in the best interest of the City. Any request for variance in the above standards must be made in writing and filed with the City Recorder when the application for construction is submitted.
K. 
Amortization Period. Clear-vision areas, fences, hedges, and walls lawfully established prior to the passage of the ordinance codified in this section, shall come into compliance within 90 days. Where application of the amortization period would cause an undue or unnecessary hardship, an application may be made for a variance under Chapter 9.80.
(Ord. 73E § 8.010, 1992; Ord. 175, 1995; Ord. 363 § 3, 2019; Ord. 372, 8/16/2024)

§ 9.64.020 Private streets.

A. 
General Requirements.
1. 
Private streets shall provide access only to abutting lots. No street providing access to other streets or to areas not abutting such streets shall be approved as private streets.
2. 
At such time as a preliminary plan is proposed which includes private streets, all adjacent property owners shall be notified of such proposal and the time and place of the Planning Commission hearing.
3. 
A private road shall be approved provided:
a. 
The Planning Commission is satisfied that such street is not presently needed as a public road;
b. 
It will never be extended through to adjacent property;
c. 
It will not be utilized for public road purposes in the normal growth area.
4. 
Modification of private street requirements and/or standards shall be approved only:
a. 
For street creation in areas where because of topographical or geological conditions full compliance or strict adherence to the standards and requirements would prevent reasonable access to the area; or
b. 
For access created to not more than three lots.
5. 
Yard setbacks shall be determined from the road right-of-way or access easement line in instances where private roads are considered.
B. 
Standards for Private Streets.
1. 
Private road right-of-way may be approved of less than 50 feet in width except that the right-of-way width shall not be less than 10% of the road length and in no instance shall the road right-of-way be less than 30 feet except that a private road to two lots may be 20 feet in width. In all instances where the road access is less than 50 feet in width a 10 foot utility easement on each side of the road right-of-way or easement shall be provided.
2. 
Improvements on private roads shall be the same as those for public roads providing access to similar development, and shall adhere to all provisions of Chapter 7.04.
(Ord. 73E § 8.020, 1992; Ord. 175, 1995)

§ 9.64.030 Street construction permit.

A. 
Prior to starting street construction a written permit must be obtained from the City. Application for street construction must be obtained from the City Recorder's office.
B. 
The application must contain an engineering plan and profile. Requests for any variances from street standards should also be included with the application.
C. 
At the time of making application, the proposed road must be located on the ground by stakes clearly showing:
1. 
The area to be cleared; these stakes must be offset five feet outside of the area of clearing;
2. 
Cut and fill;
3. 
Upper slope stakes;
4. 
Center line of proposed street;
5. 
Culverts designating size and length.
D. 
Upon receiving a completed application, the City street commissioner shall examine the pro-posed street as staked out and shall report to the City Council at its next meeting. The City Council shall consider the report of the street commissioner at its next meeting. The City Council shall either grant, deny or grant with special conditions any variances from the standards.
(Ord. 73E § 8.030, 1992)

§ 9.64.040 Dedication of public street.

Any person wishing to create a public road or street which is not a part of a subdivision shall make written application to the City Council. The application shall consist of a letter addressed to the Council requesting acceptance of the dedication and a deed with the exact description of the proposed dedication signed by all owners of the property intended to be served by the road. The City Council shall refer the application to the following:
A. 
The public works department and/or public works and street commission, who shall check the proposal for grade and conformance to acceptable road standards;
B. 
The county surveyor, who shall check the description for accuracy;
C. 
The county assessor's office, which shall insure that the taxes are paid on the property being dedicated;
D. 
The Planning Commission, which shall insure that the road is not in conflict with the City's comprehensive plan nor any adjacent approved preliminary plans, plats or maps. These reports shall be forwarded to the City Council. If the Council approves the dedication, at least three members of the Council shall sign the deed as approved. The deed may then be recorded. A public road will not be maintained by the City unless that road is accepted by the City for maintenance.
(Ord. 73E § 8.040, 1992; Ord. 175, 1995)