Yamhill City Zoning Code
CHAPTER 10
48 GENERAL PROVISIONS
§ 10.48.010 General Requirements.
The provisions of this Title shall be construed to be the general requirements of the promotion of the public health, safety, and general welfare. When this Title imposes a greater restriction upon the use of specific buildings or premises, or upon the height of specific buildings, or requires in specific instances, larger open spaces than appears to be necessary in the public interest as set forth in this title or required by other laws, rules or regulations, the provisions of this Title pertaining to variances shall be applicable.
(Ord. 454 §2, 2000)
§ 10.48.020 Minimum Requirements.
In interpreting and applying this Title, the provisions herein shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare.
(Ord. 454 §2, 2000)
§ 10.48.030 Minimum Street Width.
§ 10.48.040 Lots Abutting a Partial Street.
No building permit shall be issued for a building or structure on a lot which abuts a street dedicated to a portion only of its required width and is located on that side which has not yet been dedicated or condemned unless the yards provided on such lot include both that portion of the lot lying within the required street and the required yards. This provision shall not be construed as being in lieu of or waiving any subdivision or partitioning requirement of this or any other regulations.
(Ord. 454 §2, 2000)
§ 10.48.050 Dwellings to Be Accessible to a Public Street.
(A)
Every dwelling shall be situated on a lot having direct access by abutting on a public street or a driveway of required dimensions. Where a private driveway is used to serve dwellings it shall be of the following width:
When the number of lots served by the drive exceeds two, then the drive will be improved to street status consistent with Title 11 of this code.
(B)
The property owner shall be responsible for providing adequate access to any street or roadway. The property owner shall contact the Oregon Department of Transportation for standards regarding access onto any State highway. The property owner shall contact the Yamhill County Public Works Department for standards regarding access onto any County road. The property owner shall contact the Building Official regarding access onto any City street. No building permit shall be issued until provisions for appropriate and adequate access are made. Driveway width, in any case, shall not exceed the width as set forth herein.
(Ord. 454 §2, 2000; Ord. 523 §1, 2018; Ord. 545, 7/9/2025)
§ 10.48.060 Protection of Solar Access.
The use of solar energy systems including solar collectors, storage facilities, and distribution components for space heating and cooling and domestic water heating is a permitted use within all zones, whether as a part of a structure or incidental to a group of structures nearby.
(A)
Solar collectors and the equipment used for the mounting and operation of such collectors where necessary, may be elevated above the two and one-half story height limitation in residential zones. However, elevation of solar collectors shall not restrict solar access to adjacent properties.
(B)
Chimneys, private communication transmission towers, private television and private radio antennas are all exempt from the structural height limitations of this title. Although exempted from structural height limitations, these structures should not significantly impair solar access of buildings or solar collector locations.
(Ord. 454 §2, 2000)
§ 10.48.070 Runoff, Sedimentation and Erosion Control.
A property owner shall not modify or grade his/her property so as to direct runoff onto an adjacent property other than that which is naturally occurring along existing drainage-ways. Roof drainage shall be accommodated within the confines of the property and not directed onto another property. Roof drainage shall be directed out to the curb-line of the adjacent street. Development plans submitted to the Building Inspector shall assure that proper site grading measures are taken whenever necessary to avoid excessive runoff or erosion.
(Ord. 454 §2, 2000; Ord. 545, 7/9/2025)
§ 10.48.080 Underground Utility Installation.
(A)
All new construction and redevelopment shall provide for underground utility installation, including, but not limited to, single-family dwellings, duplex dwelling, multi-family dwellings, commercial, public facilities, semi-public facilities, private facilities, religious institution facilities, industrial facilities, and other uses permitted in this Title.
(B)
All damaged structures exceeding 50% of the fair market value as indicated by the records of the County Assessor shall provide for underground utility installation prior to issuance of a building permit.
(C)
Upon replacement or relocation of a manufactured dwelling, mobile home, or manufactured home in accordance with this Title, the owner shall provide for underground utility installation prior to issuance of a placement permit.
(D)
All utility service companies shall plan for and implement a program for installation of underground facilities on any new, upgrading or replacement construction performed within the urban growth boundary of the City of Yamhill.
(Ord. 454 §2, 2000; Ord. 545, 7/9/2025)
§ 10.48.090 Review of Historic Sites.
Upon receiving a land use application, the Planning Official shall review the application to determine its conformance to the historical preservation policies of the City. Further, if it is determined that a land use action will result in the demolition of a structure on a designated historic site, the Planning Commission shall review the application taking into account the following:
(A)
The state of repair of the building.
(B)
The reasonableness of the cost of restoration or repair.
(C)
The purpose of preserving such designated historical buildings and sites.
(D)
The character of the neighborhood.
(E)
All the other factors the Planning Commission feels appropriate.
(Ord. 454 §2, 2000; Ord. 545, 7/9/2025)
§ 10.48.100 Demolishment of Historic Sites.
If a designated historical building is to be demolished, the City shall keep a pictorial and graphic history of the historical building or site in so far as funds are available.
(Ord. 454 §2, 2000)
§ 10.48.110 Stream Corridor Protection.
No development shall occur within a stream corridor area unless otherwise provided within this section.
(A)
A stream corridor area shall apply within 50 feet of the top of the bank of Yamhill Creek and within 25 feet of the top of the bank of Rowland Creek.
(B)
Development of properties adjoining stream corridors shall preserve the stream corridor area through one of the following means:
(1)
Dedication to the City for park purposes, if acceptable to the Planning Commission and City Council.
(2)
Creation of a tract of land to be owned in common by the owners of lots within the development. A non-profit homeowners association or conservation organization shall be created, in a manner acceptable to the City Attorney, for the ownership and maintenance of such tracts. The tract shall be preserved in perpetuity as open space through the use of conservation easements, deed restrictions, or by appropriate notation on the face of a subdivision plat.
(3)
Creation of a conservation easement within the stream corridor area serving to prohibit development and the removal of riparian vegetation.
(C)
Development and/or removal of riparian vegetation may occur in conjunction with an application submitted and approved by the Departement of State Lands and U.S. Army Corps of Engineers.
(Ord. 454 §2, 2000; Ord. 545, 7/9/2025)
§ 10.48.120 Changes and Amendments.
Any amendment of this Title which amends, supplements or changes only the text hereof, shall be initiated by the governing body or by the Planning Commission by ordinance. Whenever an amendment is initiated by the governing body, the ordinance shall be referred to the Planning Commission for its recommendation.
(Ord. 454 §2, 2000)
§ 10.48.130 Interpretation of Title.
Some terms or phrases within this Title may have two or more reasonable meanings. This chapter provides a process for resolving differences in the interpretation of the Title text.
(A)
Except as otherwise provided herein or by law, the Planning Official shall be responsible for interpreting the provisions of this code.
(B)
The provisions of this Title shall be interpreted as minimum requirements. When this Title imposes a greater restriction than is required by other provisions of law, or by other regulations, resolutions, easements, covenants or agreements between parties, the provisions of this Title shall control.
(C)
Where a certain provision of this Title conflicts with another provision of this Title, the more restrictive provision shall apply.
(D)
Where the provisions of this Title are not clear, any party may request a formal interpretation of this Title in accordance with the procedures in Section 10.48.140.
(E)
The Planning Official may correct scrivener’s errors in the text of this code.
(Ord. 454 §2, 2000; Ord. 545, 7/9/2025)
§ 10.48.140 Process for Formal Title Interpretations.
(A)
Requests. Any party requesting a formal code interpretation shall make the request in writing to the Planning Official. The request shall be made on forms provided by the Planning Official, and shall be accompanied by a fee set by resolution of the City Council.
(B)
Decision to Issue Interpretation. The Planning Official shall have the authority to review a request for an interpretation. The Planning Official shall advise the requester in writing within 14 days after the request is made on whether or not the City will issue the requested interpretation.
(C)
Declining Requests for Interpretations. The Planning Official is authorized to issue or decline to issue a requested interpretation. The basis for declining may include, but is not limited to, a finding that the subject code section affords only one reasonable interpretation and the interpretation does not support the request. The Planning Official's decision to issue or decline to issue an interpretation is final when the decision is mailed to the party requesting the interpretation and the decision is not subject to any further local appeal. If the Planning Official declines the request for interpretation, the Planning Official shall refund the unexpended portion of the application fee.
(D)
Written Interpretation. If the Planning Official decides to issue an interpretation, he or she shall issue it in writing and mail or deliver it to the person requesting the interpretation and any other person who specifically requested a copy of the interpretation. The written interpretation shall be issued within 14 days after the Planning Official advises the requester that an interpretation will be issued. The decision shall become effective 14 calendar days later, unless an appeal is filed in accordance with subsection (E) of this section.
(E)
Appeals. The applicant and any party who received such notice or who participated in the proceedings through the submission of written or verbal evidence of an interpretation may appeal the interpretation to the Planning Commission within 14 days after the interpretation was mailed or delivered to the applicant. The appeal may be initiated by filing a notice of appeal with the Planning Official. The appeal shall be handled in the same manner as provided under Chapter 10.128.
(F)
Interpretations on File. The Planning Official shall keep on file a record of all formal code interpretations.
(Ord. 545, 7/9/2025)
§ 10.48.145 Interpretation of Zoning Boundaries.
Where uncertainty exists with respect to the boundaries on the various districts, as shown on the map accompanying and made a part of this Title, the following rules shall apply:
(A)
The district boundaries are either streets or alleys unless otherwise shown and where the districts designated on the map accompanying and made a part of this Title are bounded approximately by street or alley lines, said street or alley shall be construed to be the boundary of such district.
(B)
Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines, and where the districts designated on the map accompanying and made a part of this Title are bounded approximately by lot lines said lot lines shall be construed to be the boundary of such districts unless said boundaries are otherwise indicated on the map.
(C)
In un-subdivided property, the district boundary lines on the map accompanying and made a part of this Title, shall be determined by use of the scale contained on such map.
(Ord. 454 §2, 2000; Ord. 545, 7/9/2025)
§ 10.48.150 Authorization of Similar Use.
The purpose of this section is to provide for those uses not specifically listed in a particular zoning district but which are similar in character, scale and performance to the permitted uses specified therein.
(A)
The Planning Official, through a Type I procedure, may determine that a use not specifically listed among the allowed uses in a zone is permitted, permitted with special use standards, or allowed subject to approval of a conditional use permit based on all of the following criteria:
(1)
The use is consistent with the purpose of the underlying zoning district and is similar in character, scale and performance to permitted uses specified in the underlying district;
(2)
The use does not conflict with the standards and limitations of the underlying zoning district. The Planning Official shall determine whether additional land use review, such as conditional use approval or a Development Permit, is required;
(3)
The proposed use, by definition, is not limited to a different zone.
(B)
The applicant and any party who received such notice or who participated in the proceedings through the submission of written or verbal evidence of a similar use may appeal the interpretation to the Planning Commission within 14 days after the interpretation was mailed or delivered to the applicant. The appeal may be initiated by filing a notice of appeal with the Planning Official. The appeal shall be handled in the same manner as provided under Chapter 10.128.
(C)
The determination by the Planning Official that a proposed similar use cannot be accommodated in a given zone does not preclude an application by the appropriate party for an amendment to the text of the comprehensive plan and/or zoning regulations.
(Ord. 454 §2, 2000; Ord. 545, 7/9/2025)
§ 10.48.160 Penalties for Violation.
(A)
Any violation or infraction of this chapter will be punishable upon conviction as a violation in accordance with Chapter 1.36 of this code.
(B)
The penalties imposed by this chapter are not exclusive and are in addition to any other remedies available under City ordinance or State statute.
(Ord. 445 §28, 1998; Ord. 454 §2, 2000)
§ 10.48.170 Savings Clause.
If any section, paragraph, subdivisions, clause, sentence or provisions of this chapter shall be adjudged by any court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this chapter, except for that sentence, or provision immediately involved in the controversy in which such judgment or decree shall be rendered. It being the intent of the governing body to enact the remainder of this chapter notwithstanding the parts so declared unconstitutional or invalid. Should any section, paragraph, subdivision, clause, sentence or provision of this chapter be declared unreasonable or inapplicable to a particular use at any particular location, such declaration of judgment shall not affect, impair, invalidate, or nullify such section, paragraph, subdivision, clause, sentence, or provision as to any other premises or use.
(Ord. 454 §2, 2000)