Yachats City Zoning Code
CHAPTER 9
24 R-4 RESIDENTIAL ZONE
§ 9.24.010 Purpose.
The multiple-family residential zone is intended to provide a quality environment for high density, urban, residential, resort and motel uses together with other compatible land uses determined to be desirable and/or necessary. In an R-4 zone the following regulations shall apply.
(Ord. 73E § 2.040, 1992; Ord. 73I, 1994; Ord. 175, 1995)
§ 9.24.020 Permitted uses.
In an R-4 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, including condominiums, townhouses and apartments.
J.
Factory built dwellings. See Definitions.
K.
Motel, hotel, inn or resort on a minimum of 1.0 acre with direct access provided from U.S. Highway 101 only and with or without accessory commercial uses.
L.
Family day care provider.
M.
Residential home.
N.
Residential facility.
O.
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 § 2.040(1), 1992; Ord. 73I, 1994; Ord. 175, 1995; Ord. 267, Amended, 02/12/2007; Ord. 301, 9/8/2011; Ord. 302, 9/8/2011; Ord. 309, 12-08-11; Ord. 376, 11/20/2024)
§ 9.24.030 Conditional uses.
In an R-4 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.
Manufactured dwelling park, subdivision and P.U.D.;
E.
Church, nonprofit religious or philanthropic institution;
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.
Private school offering curricula similar to public schools;
K.
Parking areas;
L.
Club, lodge or fraternal organization;
M.
Professional office;
N.
Other buildings and uses similar to the list above which shall not have any different or more detrimental effect upon the adjoining neighborhood areas or zones than the buildings and uses specifically listed, provided that retail sales uses, unless specifically listed, shall only be incidental and directly related to the operation of permitted uses;
O.
Bed and breakfast facility;
P.
Motel, hotel, inn, or resort on less than 1.0 acre with direct access provided from U.S. Highway 101 only and with or without accessory commercial uses;
Q.
Hostels.
(Ord. 73E § 2.040(2), 1992; Ord. 73I, 1994; Ord. 175, 1995; Ord. 301, 9/8/2011; Ord. 376, 11/20/2024)
§ 9.24.040 Standards.
Except as provided in Chapters 9.44, 9.48, 9.52 and 9.72, in an R-4 zone the following standards shall apply:
A.
Lot Size and Dimensions. The minimum lot size and dimensions in the R-4 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; 5,000 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-4 zone shall not exceed 12 dwelling units per acre.
2.
Lot width 60 foot minimum at front building line for interior lot and 65 feet for a corner lot with public water and sewer systems.
3.
Lot width 70 foot minimum at front building line for interior lot and 75 feet for a corner lot with public water but no sewer.
4.
The minimum lot depth shall be 80 feet.
5.
The minimum lot area per dwelling unit shall be at least 20,000 square feet when a lot is not served by a public water supply system, unless otherwise required by the county sanitarian.
6.
Landfill of dirt and rock only.
B.
Yards. The minimum yard requirements in the R-4 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 clotheslines, 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-4 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 45% 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 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 to a motel shall not be allowed from less than a 35-foot right-of-way and a 25-foot all-weather travel surface, accessible to emergency vehicles. In the event that a 35-foot right-of-way is not possible, a minimum of 10-foot easement (five feet on each side of the travel surface) shall be dedicated to the City for utility purposes and pedestrian use. Commercial uses and multifamily dwellings shall not have vehicles access to or from a cul-de-sac.
H.
Utilities. The developer of multifamily dwellings shall have full financial responsibility for the utilities needed on the building site. The developer shall also have partial or full financial responsibility as determined by the City Council, for extra capacity utilities required to serve the building site. Extra capacity utilities includes water lines in excess of six inches, sanitary sewer lines in excess of eight inches and storm sewer lines in excess of 12 inches.
I.
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 § 2.040(3), 1992; Ord. 73I, 1994; Ord. 175, 1995; Ord. 215, 08/15/2003; Ord. 243, 12/18/2003; Ord. 267, 02/12/2007; Ord. 277, 10/10/2008; Ord. 286, 11/18/2009; Ord. 314, 07/12/12; Ord. 372, 8/16/2024; Ord. 376, 11/20/2024)