Yachats City Zoning Code
CHAPTER 9
20 R-3 RESIDENTIAL ZONE
§ 9.20.010 Purpose.
The R-3 residential zone is intended to provide a quality environment for high density, urban, residential uses together with other compatible land uses determined to be desirable and/or necessary. In an R-3 zone the following regulations shall apply.
(Ord. 73E § 2.030, 1992; Ord. 73I, 1994; Ord. 175, 1995)
§ 9.20.020 Permitted uses.
In an R-3 zone the following uses and their accessory uses are permitted subject to the provisions of Chapters 9.44, 9.48 and 9.52 where applicable:
A.
One single-family dwelling per tax lot;
B.
A recreational vehicle used for dwelling purposes during the construction of a new dwelling or a remodel that makes an existing dwelling uninhabitable during construction. A building permit shall be issued for the new or remodeled dwelling (temporary buildings or shelters of any kind are not permitted unless a building permit for the permitted use has been issued), provided such construction must be commenced within 90 days from the date that the recreational vehicle or manufactured dwelling is placed upon the property and further provided that such construction must be completed and the recreational vehicle or manufactured dwelling removed from the premises within one year from the date of the commencement of construction;
D.
Gardens and greenhouses for the raising and harvesting of fruit, vegetables, and flowers for noncommercial use;
G.
Accessory buildings and uses to the extent necessary and normal in a residential neighborhood;
H.
Two-family dwelling;
I.
Multifamily dwelling;
J.
Factory built dwelling. See Definitions;
K.
Family day care provider;
L.
Residential home;
M.
Residential facility;
N.
Single-family manufactured homes on individual lots subject to the following restrictions:
1.
The manufactured home shall be multi-sectional and enclose a space of not less than 1,000 square feet. A manufactured home shall not be considered multi-sectional (double-wide or larger) by virtue of having a tip-out section.
2.
The manufactured home shall be placed on an excavated and backfilled foundation, enclosed at the perimeter with a skirting of concrete, concrete block, or masonry. Where the building site has a sloped grade, no more than 12 inches of the enclosing material shall be exposed on the uphill side of the home. If the manufactured home is placed on a basement or a garage, the 12 inch limitation will not apply.
3.
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 by single-family dwellings constructed under the state building code as defined in ORS 455.010.
4.
The manufactured home shall bear an insignia, issued not earlier than three years prior to the date of application for a placement permit, showing compliance with Department of Housing and Urban Development standards.
5.
If the manufactured home has a garage or carport, it shall be constructed of like materials.
6.
Manufactured homes shall be subject to all of the restrictions in the residential zone where situated related to signs, lot sizes, yards, height of buildings, lot coverage and other applicable restrictions under the City's zoning and other ordinances.
7.
The manufactured home shall have a pitched roof not less than a nominal three feet in height for each 12 feet in width.
(Ord. 73E § 2.030(1), 1992; Ord. 73I, 1994; Ord. 175, 1995; Ord. 267, Amended, 02/12/2007; Ord. 301, Amended, 9/8/2011; Ord. 302, Amended, 9/8/2011; Ord. 309, Amended, 12-08-11)
§ 9.20.030 Conditional uses.
In an R-3 zone, the following uses and their accessory uses may be permitted subject to the provisions of Chapters 9.44, 9.48, 9.52 and 9.72 where applicable:
A.
Governmental structure or use of land; and public utility facility;
B.
Home occupation. See Definitions;
C.
Temporary real estate office offering residential property in the immediate vicinity for sale;
D.
Church, nonprofit religious or philanthropic institution;
E.
Community center;
F.
Nursery school, kindergarten or similar facility;
G.
Hospital, nursing home, retirement home, or similar facility;
H.
Private noncommercial recreation club such as tennis, swimming or archery club, but excluding commercial amusement or recreation enterprises;
I.
Park, playground, swimming pool, or similar recreation area;
J.
School or private school offering curricula similar to public schools;
K.
Parking areas;
L.
Bed and breakfast facility;
M.
Manufactured dwelling park, subdivision and P.U.D.
(Ord. 73E § 2.030(2), 1992; Ord. 73I, 1994; Ord. 175, 1995; Ord. 301, Amended, 9/8/2011)
§ 9.20.040 Standards.
Except as provided in Chapters 9.44, 9.48, 9.52 and 9.72, in an R-3 zone the following standards shall apply:
A.
Lot Size and Dimensions. The minimum lot size and dimensions in the R-3 zone shall be as follows:
1.
The minimum lot area shall be 6,000 square feet for a one-family dwelling; 7,500 square feet for a two-family dwelling; 6,000 square feet for the first dwelling unit and 2,500 square feet for each additional unit in a multifamily dwelling when a lot is served by both a public water supply and public sewage disposal system. However, the maximum density in the R-3 zone shall not exceed 12 dwelling units per acre.
2.
The minimum lot area shall be 7,500 square feet for a one-family dwelling and 15,000 square feet for a two-family dwelling and 7,500 square feet for each dwelling unit in a multifamily dwelling, when lot is served by a public water supply system, but cannot practically be served by a public sewage disposal system.
3.
The minimum lot width at the front building line shall be 50 feet for an interior lot and 55 feet for a corner lot when a lot is served by both a public water supply and sewage disposal systems.
4.
The minimum lot width at the front building line shall be 70 feet for an interior lot and 75 feet for a corner lot when a lot is served by a public water supply system but not a public sewage disposal system.
5.
The minimum lot depth shall be 80 feet.
6.
Landfill of dirt and rock only.
B.
Yards. The minimum yard requirements in the R-3 zone shall be as follows:
1.
Front yard shall be a minimum of 20 feet.
2.
Each side yard shall be a minimum of either five feet or one foot for each three feet of building height, whichever requirement is greater. Corner side yards shall not be used for clothes lines, incinerators, permanent storage of trailers, boats and recreational vehicles nor shall said yard be used for the regular or constant parking of automobiles or other vehicles.
3.
The street side yard shall be a minimum of 20 feet.
4.
The rear yard shall be a minimum of 10 feet, except that on a corner lot it shall be a minimum of either five feet or one foot for each three feet of building height, whichever requirement is the greater.
5.
All patio structures and swimming pools shall be a minimum of five feet from any side or rear property line.
6.
No structure shall be located closer than 60 feet from the center line of any state highway, nor 45 feet from the center line of any collector or arterial street.
7.
A fence, wall, or sight-obscuring fence may be established and maintained immediately adjacent to an abutting property line provided it is no more than six feet in height (except where the clear-vision area would be impaired as defined in YMC Section 9.64.010), or no more than eight feet in height when permitted by conditional use in accordance with Chapter 9.80 of the YMC. When such a fence, wall, or sight-obscuring fence is placed on top of a retaining wall, the combined height of the wall and fence shall not exceed eight feet.
C.
Building Height. No building in the R-3 zone shall exceed a height of 30 feet from finished grade or from natural grade, see Chapter 9.52.180.
D.
Lot Coverage. Structures, including, but not limited to buildings, porches and decks shall not occupy more than 40% of the total lot area.
E.
Off-Street Parking. Refer to Chapter 9.48 – Off-Street Parking and Loading for parking requirements.
F.
Separation Between Buildings. The minimum separation between multifamily buildings shall be 30 feet unless the buildings are arranged end-to-end. In such a case, there shall be at least a ten-foot separation and no doorway or entry may open into the space between the buildings.
G.
Vehicle Access. Ingress or egress to a multifamily dwelling or commercial use shall not be allowed from less than a 35 foot right-of-way and a 25 foot all-weather travel surface that is accessible to emergency vehicles. In the event that a 35 foot right-of-way is not possible, a minimum 10 foot easement (five feet on each side of the travel surface) shall be dedicated to the City for utility purposes. Commercial uses and multifamily dwellings, shall not have vehicle access to or from a cul-de-sac.
H.
General Criteria. The vehicle and pedestrian access to the site can be safely and efficiently provided and the necessary utility systems and public facilities are available with sufficient supply and distribution capacity. If not provided by the City, it shall be the responsibility of the developer to insure these standards are met.
(Ord. 73E § 2.030(3), 1992; Ord. 73I, 1994; Ord. 175, 1995; Ord. 215, Amended, 08/15/2003; Ord. 243, Amended, 12/18/2003; Ord. 267, Amended, 02/12/2007; Ord. 277, Amended, 10/10/2008; Ord. 314, Amended, 07/12/12; Ord. 372, 8/16/2024)