Yoncalla City Zoning Code
Division II
Zoning Regulations
18.25.010 Classification of zones.
For the purposes of this title, the following zones are hereby established:
Urban residential
Community commercial
General industrial (Ord. 429 §1(2.1.010), 2018).
18.25.020 Location of zones.
Abbreviated Designations.
R-1 – Single-family residential
R-2 – Medium density residential
C-1 – Community commercial
G-IND – General industrial
The boundaries for the zones listed in this title are indicated on the Yoncalla zoning map which is hereby adopted by reference. The boundaries shall be modified in accordance with zoning map amendments which shall be adopted by reference. (Ord. 429 §1(2.1.020), 2018).
18.25.030 Zoning map.
A zoning map or zoning map amendment adopted by YMC 18.25.020 or by an amendment thereto shall be prepared by authority of the planning commission or by a modification by the city council of a map or map amendment so prepared. The map or map amendment shall be dated with the effective date of the ordinance that adopts the map or map amendment. A certified print of the adopted map or map amendment shall be maintained in the office of the city recorder as long as this title remains in effect. (Ord. 429 §1(2.1.030), 2018).
18.25.040 Zone boundaries.
Unless otherwise specified, zone boundaries are section lines, subdivision lines, lot lines, centerlines of street or railroad rights-of-way, or such lines extended. (Ord. 429 §1(2.1.040), 2018).
18.25.050 Zoning of annexed areas.
Concurrent with annexation of land to the city of Yoncalla, the city council, upon considering the recommendation of the planning commission, shall enact an ordinance applying applicable zoning designation(s) to the subject land, pursuant to this chapter. The comprehensive plan shall guide the designation of zoning for annexed areas. (Ord. 429 §1(2.1.050), 2018).
18.30.010 Zone boundaries.
If a zone boundary as shown on the map divides a lot between two zones, the entire lot shall be deemed to be in the zone in which the greater area of the lot lies; provided, that this adjustment involves a distance not to exceed 20 feet from the mapped zone boundary. (Ord. 429 §1(2.2.010), 2018).
18.30.020 Authorization of similar uses.
The planning commission may permit in a particular zone a use not listed in this title, provided the use is of the same general type as the uses permitted there by this title. However, this section does not authorize the inclusion of a use in a zone where it is not listed which is specifically listed in another zone. (Ord. 429 §1(2.2.020), 2018).
18.30.030 General provisions regarding accessory uses.
An accessory use shall comply with all requirements for a principal use, except as this title specifically allows to the contrary, and shall comply with the following limitation: An accessory structure separated from the main building may be located in the required rear and side yard, except in the required street side yard of a corner lot, provided it is not closer than three feet to a property line. (Ord. 429 §1(2.2.030), 2018).
18.30.040 Projections from buildings.
Architectural features such as cornices, eaves, canopies, sunshades, gutters, chimneys and flues shall not project more than 18 inches into a required yard. (Ord. 429 §1(2.2.040), 2018).
18.30.050 General exception to lot size requirements.
If the aggregate of contiguous lots held in a single ownership as recorded in the office of the county clerk at the time of the passage of the ordinance codified in this title has an area or dimension which does not meet the lot size requirements of the zone in which the property is located, the holdings may be occupied by a use permitted in the zone subject to the other requirements of the zone; provided, that if there is an area deficiency, residential use shall be limited to a single-family dwelling or to the number of dwelling units consistent with the density requirements of the zone. (Ord. 429 §1(2.2.050), 2018).
18.30.060 General exceptions to yard requirements.
The following exceptions to the front yard requirements for a dwelling are authorized for a lot in any zone:
(1) The required front yard for a dwelling need not exceed the average depth of the nearest front yards of dwellings within 100 feet on both sides of the proposed dwelling, except for garages and carports taking access on the front of the property. (Ord. 429 §1(2.2.060), 2018).
18.30.070 General exception to building height limitations.
Projections such as chimneys, spires, domes, elevator shaft housings, towers, aerials, flagpoles and other similar objects not used for human occupancy are not subject to the building height limitations of this title. (Ord. 429 §1(2.2.070), 2018).
18.40.010 Purpose and applicability.
(1) Special uses included in this chapter are uses, which, due to their effect on surrounding properties, must be developed in accordance with predetermined special conditions and standards. These standards are “special” because they may differ from the development standards established for other uses in the same zoning district.
(2) All uses designated as special uses, and uses the city determined to be similar to such uses, are subject to the standards of this chapter. The standards of this chapter supplement the other requirements of this code. When a dimensional standard for a special use differs from that of the underlying district, the standard for the special use shall apply. (Ord. 429 §1(2.4.010), 2018).
18.40.020 Sign requirements.
(1) No sign shall be placed in or extend over a required side yard or street right-of-way.
(2) There shall be no moving or flashing signs, and light from a sign shall be directed away from a residential use or zone and shall not be located so as to detract from a motorist’s view of a traffic light.
(3) In the R-1, R-2, C-l, and G-IND zones, signs shall be limited to the following kinds which may be directed towards each facing street or located points of vehicular access where such access points are over 200 feet apart:
(a) A name plate or sign not exceeding one and one-half square feet in area for each dwelling.
(b) A temporary sign not exceeding eight square feet in area pertaining to the lease, rental, or sale of the property or the construction of a structure thereon.
(c) A temporary sign not exceeding 32 square feet advertising a new subdivision.
(d) A sign not exceeding 24 square feet in area identifying a nonresidential use such as the sale of farm produce, a golf course or a church.
(e) A sign not exceeding 24 square feet directing vehicular traffic to places of interest to the public, such as tourist accommodations and recreation sites, which would otherwise be difficult to find, subject to the provisions of requirements for conditional uses.
(f) Signs not exceeding a total area of 50 square feet for each commercial establishment in a C-l or G-IND zone. (Ord. 429 §1(2.4.020), 2018).
18.40.030 Off-street parking and off-street loading requirements.
At the time a new structure is erected or the use of an existing structure is changed or enlarged, off-street parking spaces, loading areas and access thereto shall be provided as set forth in this section unless greater requirements are otherwise established.
If such facilities have been provided in connection with an existing use, they shall not be reduced below the requirements of this section.
(1) Unlisted Uses. Requirements for types of buildings and uses not specifically listed herein shall be determined by the planning commission, based upon the requirements of comparable uses listed.
(2) Shared Parking. In the event several uses occupy a single structure or parcel of land, the total requirements shall be the sum of the requirements of the several uses computed separately.
Owners of two or more uses, structures, or parcels of land may agree to utilize the same parking and loading spaces when the hours of operation do not overlap; provided, that satisfactory legal evidence is presented to the planning commission in the form of deeds, leases, or contracts to establish joint use.
(3) Off-street parking spaces for dwellings shall be located on the same lot with the dwelling. Other required parking spaces shall be located not farther than 300 feet from the building or use they are required to serve, measured in a straight line from the building.
(4) Parking as Storage. Required parking spaces shall be available for the parking of operable passenger automobiles of residents, customers, patrons, and employees only, and shall not be used for storage of vehicles or materials or for the parking of trucks used in conducting business or use.
(5) Areas used for standing and maneuvering of vehicles shall have durable and dustless surfaces maintained adequately for all-weather use and be drained so as to avoid flow of water across public sidewalks.
(6) Screening. Except for parking to serve dwelling uses, parking and loading areas adjacent to or within residential zones or adjacent to residential uses shall be designed to minimize disturbance of residents by the erection between the uses of a sight-obscuring fence of not less than five and not more than six feet in height except where vision clearance is required.
(7) Other Parking. Parking spaces along the outer boundaries of a lot shall be contained by a curb or bumper rails at least four inches high and set back a minimum of four and one-half feet from the property line. The area between the curb or bumper rail and property line shall be landscaped and maintained.
(8) Artificial lighting which may be provided shall not create or reflect substantial glare in a residential zone or on any adjacent dwelling.
(9) Access to and from off-street parking areas shall not permit backing onto a public street, except for single-family dwellings.
(10) Passenger Loading. A driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading children shall be located on the site of any school having a capacity greater than 25 students.
(11) Loading of Merchandise, Materials, or Supplies. Buildings or structures which receive and distribute material or merchandise by truck shall provide and maintain off-street loading berths in sufficient numbers and size to adequately handle the needs of the particular use. Off-street parking areas used to fulfill the requirements of this section may be used for loading and unloading operations during periods of the day when not required to take care of parking needs.
(12) Off-street parking space requirements:
(a)
(i) Dwelling, single-family, including a manufactured home: two spaces for each dwelling unit.
(ii) Dwelling, multifamily: one space for each dwelling unit, and one space for guests for every two units.
(b) Boarding, lodging or rooming house: one space for each guest accommodation.
(c) Motel or hotel: one space for each guest accommodation.
(d) Hospital, nursing home or similar institution: one space for each three beds.
(e) Church, club, or similar place of assembly: one space for each six seats, or one space for each 50 square feet of floor area used for assembly.
(f) Library: one space for each 400 square feet of floor area plus one space for each two employees.
(g) Industrial uses: one space for every two employees.
(h) Retail establishment, except as otherwise specified: one space for each 300 square feet of floor area.
(i) Eating and drinking establishments: one space for each three seats.
(j) Service or repair shop, retail store handling bulky merchandise such as automobiles and furniture: one space for each 600 square feet of floor area.
(k) Bank, office, medical and dental clinic: one space for each 400 square feet of floor space plus one space for each two employees.
(l) Barber and beauty shops, pharmacies: one space for each 150 square feet of floor area.
(m) Residential home: two off-street parking spaces per unit.
(n) Residential facility: one space per employee, including owner(s), on the largest shift, plus resident and visitor parking as determined by the planning commission.
(13) Bicycle parking shall be provided for new multifamily residential developments of four units or more, new retail, office and institutional developments. Bicycle parking shall meet the following standards:
(a) Bicycle parking for commercial business customers shall be provided along the street at a rate of at least one space per use. Individual uses may provide their own parking, or spaces may be clustered to serve up to six bicycles.
(b) Bicycle parking shall be conveniently located with respect to both the street right-of-way and to the main building entrance.
(c) Bicycle parking shall not interfere with pedestrian passage, leaving a clear area of at least 36 inches between bicycles and other existing and potential obstructions. (Ord. 429 §1(2.4.030), 2018).
18.40.040 Distance between buildings.
A minimum distance of six feet shall be maintained between a building designed for dwelling purposes and other buildings on the same lot. (Ord. 429 §1(2.4.040), 2018).
18.40.050 Distance from property line.
Where a side or rear yard is not required and a structure is not to be erected at the property line, it shall be set back at least three feet from the property line. (Ord. 429 §1(2.4.050), 2018).
18.40.060 Storage in front yard.
Boats, trailers, mobile homes, and recreational vehicles shall not be stored in a required front yard. (Ord. 429 §1(2.4.060), 2018).
18.40.070 Standard conditions for bed and breakfast home stays.
(1) Where authorized by this title, requests for a conditional use permit in order to operate a bed and breakfast home stay shall be processed by the requirements under Chapter 18.65 YMC.
(2) To be included with a letter of application for a conditional use permit are the following:
(a) All residences used as a bed and breakfast facility with more than two guest rooms shall be inspected by the environmental health division of the Douglas County health and social services department. Written documentation from the environmental health division stating that the premises comply with the requirements of the state shall accompany the permit. The cost of any inspections by the environmental health division shall be borne by the property owner or the applicant.
(b) All residences used as a bed and breakfast home stay shall be inspected and approved by the chief of the fire district. Proof of the fire chief’s approval shall accompany the conditional use permit application. Only rooms designated as sleeping rooms shall be used for guest rooms. Each guest room shall be protected by a smoke detector as required by state code. Any costs associated with this inspection shall be borne by the property owner or applicant.
(c) Proof of ownership shall be submitted with the application for the bed and breakfast.
(3) A bed and breakfast home stay shall maintain an up-to-date guest registration.
(4) Guest parking for the bed and breakfast shall be provided by the owners of the facility. Each bed and breakfast home stay shall be required to provide one parking space per guest room. The applicant must indicate on the plot plan the proposed location of guest parking. On-street parking may be used to satisfy the guest parking requirements, but if on-street parking is used, the applicant must receive specific approval by the planning commission.
(5) Length of stay for any guest shall be a maximum of 14 consecutive days.
(6) In the residential districts where bed and breakfast home stays are allowed, no bed and breakfast home stays shall operate within a distance of 400 feet of each other. This would include, for example, a 400-foot separation from an existing bed and breakfast facility in the C-1 zone. The 400-foot separation is to be measured from property lines.
(7) Signing shall be limited to one sign not exceeding two square feet in area. No signs shall have internal lighting.
(8) Bed and breakfast home stays shall be kept clean, in good repair, and maintained so as to protect the health, safety, and well-being of persons using those facilities.
(9) Transfer of ownership shall be subject to issuance of a separate conditional use permit.
(10) For structures designated as historic, any external modifications shall be fully compatible with the original design.
(11) In terms of eligibility and acceptability, preference will be given by the planning commission to residences applying for bed and breakfast accommodations which display significant architectural and historic character and quality.
(12) Bed and breakfast home stays shall be required to pay commercial rates for sewer service to their operations. Those rates for bed and breakfast facilities shall be as set out in Yoncalla Municipal Code.
(13) The definition of “home occupation,” in Chapter 18.95 YMC, which restricts home occupations to not over 20 percent of the total floor area of the main floor of a dwelling, does not apply to bed and breakfast home stays.
(14) If an approved facility does not exercise its permitted use within one year of the approval date or if the use lapses for over a one-year period, the approval will automatically expire and a new application will be required.
(15) All applicable sections of the Oregon Health Division Rules, Division 170, Bed and Breakfast Facilities, as set out in OAR 333-170-000 through 333-170-130, shall apply to all bed and breakfast facilities.
(16) No further permit or inspection will be required subject to the yearly review; however, if a bed and breakfast facility fails to comply with the standards of this section, upon hearing before the planning commission, the planning commission will have the right to revoke said permit. No revocation will be issued by the planning commission without giving the bed and breakfast operator violating this section at least a 20-day notice of said hearing and the right to be heard.
(17) The applicant shall submit a plot plan with the application. The plot plan shall include the following:
(a) Dimensions of the lot, location of buildings/structures on the lot, and setbacks.
(b) Location and design of off-street parking and screening.
(c) Location of driveway access. (Ord. 429 §1(2.4.070), 2018).
18.40.080 Temporary medical hardship dwellings.
(1) Temporary use of a dwelling that otherwise would not be permitted may be allowed when a patient suffers from a medical infirmity requiring daily care and is incapable of maintaining a residence on their own. Approval of the temporary use may be issued when the following requirements have been met:
(a) Written consent of the property owner for the temporary use;
(b) A written description of the nature and circumstances of the hardship, and reasons why it is necessary;
(c) A letter from a physician documenting the hardship and need for care;
(d) The names and relationships of the persons subject to the care and the residents;
(e) A site plan showing the location of the existing buildings and the proposed hardship dwelling, showing that the new dwelling will comply with yard and setback requirements and provide at least one additional on-site parking space;
(f) A plan for providing utility services to the new dwelling must be provided and approved by public works; and
(g) The new dwelling shall not be located in the front yard.
(2) Temporary hardships must be renewed annually by submitting a new letter from a physician documenting the continued need for care. The temporary use shall otherwise terminate 30 days from the time that the hardship condition is no longer present. (Ord. 429 §1(2.4.080), 2018).
18.40.090 Manufactured home parks.
(1) Manufactured Home Parks. A manufactured home park may only be located within zoning district R-1 as a conditional use. All manufactured home parks permitted under the provisions of this chapter shall comply with rules and regulations of the state of Oregon Department of Commerce, Manufactured Home Division, in addition to the review procedures and standards of development set forth in this chapter. After the final plan is reviewed and formally approved as specified therein, it shall be designated as the “approved plan.” In the case of conflict in regulations with this chapter, the provisions of this section shall govern.
(2) Application and Plan Check Fee. Applications for a manufactured home park shall be made by the owner of the affected property or his authorized agent and shall be filed on forms as provided at least 30 days prior to the planning commission meeting at which consideration is desired. The application shall be accompanied by the following:
(a) Plan Check Fee. In addition to any other fees or charges that may be applicable to a manufactured home park, a plan check fee, as established by the city of Yoncalla land use fee schedule, shall be submitted with the preliminary plan.
(b) Written Statement. A written statement shall be filed with the preliminary plan containing an explanation of:
(i) Number of housing units proposed (density);
(ii) The method proposed to maintain common open areas, private streets, buildings and other facilities, proposed operation and management agreements, etc.;
(iii) The proposed time schedule of the development; and
(iv) Any other supporting data describing the character and/or operation of the proposed manufactured home park.
(c) Site Plan. Submit two sets of plans and accompanying documents. All plot plans shall be appropriately identified as a preliminary plan or final plan and shall be drawn at a scale of one inch equals 50 feet or, for areas over 100 acres, one inch equals 100 feet, or as otherwise approved by the city engineer. The site plan shall contain any applicable information as described in this section and shall clearly identify the location of each of the following:
(i) Property lines, boundary setbacks and both existing and proposed layout (when construction involves an addition to or remodeling of an existing manufactured home park, the plot plan need only show the facilities related to the addition and the facilities to be remodeled);
(ii) Boundaries of each proposed manufactured home space, with each space identified by a number, letter or name;
(iii) Location of all utility connections serving each manufactured home space or park facility;
(iv) Location and size of all water and sewer lines, location of power lines and other underground utilities;
(v) Locations of all internal access roads and the relationship with outside streets. Indicate road widths and location of sidewalks;
(vi) Location of fixtures for lighting streets and walkways;
(vii) Location of fire and irrigation hydrants;
(viii) Location of all park buildings, storage areas, play areas, recreation areas and common open space. Indicate dimensions in square feet of all required facilities;
(ix) Location of patio and manufactured home standards at each home space, indicating size and materials; and
(x) Indicate the location and total number of parking spaces provided, including spaces located in storage yards for recreational equipment. Dimensions of a typical parking space shall be shown for each parking area location.
(d) Landscaping Plan. The preliminary plan shall include a conceptual layout indicating the location of all required landscaping. The final plan shall provide a detailed landscaping plan indicating location and type of plant materials, location of irrigation system and maintenance provisions.
(e) Approved Plan. Upon final approval of the manufactured home park, one print and one Mylar of the approved final plan shall be submitted to the city along with one copy each of recorded deed restrictions, management agreements and other finalized legal documents.
(3) Approval Procedure. No construction, grading or filling shall begin and no building permit shall be issued for construction, enlargement, or alteration of any manufactured home park until final approval is granted as stated herein. There shall be a two-stage review process for each manufactured home park development proposal as follows:
(a) Stage 1 – Preliminary Approval.
(i) In conjunction with any other related land use action, including zone change, variance or conditional use permit approval, the planning commission shall conduct a public hearing to review the manufactured home park preliminary plans. The planning commission will act on the preliminary plans.
(ii) Upon preliminary approval by the planning commission, city engineers will review the plans and make any recommendations they see fit to ensure conformity to the standards contained in this chapter.
(iii) An appeal of the planning commission’s decision may be made to the city council. The city council will hold a public hearing to review the evidence supporting the planning commission’s decision and either move to uphold the decision or make recommendations and send back to the planning commission for re-review. The commission shall be authorized to grant final approval.
(b) Stage 2 – Final Approval. Within one year after approval of the preliminary plan, the applicant shall file a final plan for the entire development. If submission in phases has been authorized, the final plan will be approved in phases. The final plan shall be sufficiently detailed to indicate fully the ultimate appearance of the manufactured home park. Copies of legal documents required for deed restrictions, management agreements, etc., shall also be submitted. Upon receipt of the final plan, the planning commission shall examine such plans and documents to determine whether they conform in all substantial respects to the previously approved preliminary plan and the stipulations of any other related land use actions. If the planning commission should require any changes, the commission shall permit the applicant to revise the plan and/or documents and resubmit the final plan within 60 days. The decision of the planning commission shall be final. Final approval, either for a phase or for the entire plan, shall be valid for a 12-month period; however, the planning commission, in its discretion, may extend approval for additional six-month periods, provided written request from the applicant is submitted prior to the expiration date.
(4) Outline Development Plan (Optional). The manufactured home park application may be filed on the basis of an outline plan or the developer may omit this step and file his application based on the detailed preliminary plan. The purpose of an outline plan is to demonstrate the intent of the developer at an early stage of the plan with a minimum of design costs.
(5) Phased Development. When an applicant desires to develop an approved preliminary plan in phases, the commission may authorize a time schedule for submitting the various phases for final approval in periods of time in excess of one year but in no case shall the total time period for submitting all phases be greater than five years without resubmission of the preliminary plan. Phases submitted for final approval after the passage of one year may be required to have modifications to avoid conflict with a change in the comprehensive plan or implementing regulations.
(6) Limitation on Resubmission. Whenever an application for a manufactured home park has been denied, no application for the same plan or any portion thereof shall be heard by the planning commission within one year after the date of denial.
(7) Financial Responsibility. As a condition to granting final approval, the submission of satisfactory evidence that all improvements within the manufactured home park will be placed may be required. That could be either a performance agreement or a bond that provides the means for the city to develop the property in the event the developer does not, if the city so chooses.
(8) Adherence to Approved Plan and Modification Thereof. The applicant shall agree in writing to be bound, for them and their successors in interest, by the conditions prescribed for final approval. The approved final plan and phased development schedule shall control the issuance of all building permits and shall restrict the nature, location and design of all uses. Minor changes in an approved plan may be authorized by the city administrator if such changes are consistent with the purpose and general character of the approved plan. All other modifications, including extension or revisions of the phased development schedule, shall be processed in the same manner as the original application and shall be subject to the same procedure requirements.
(9) General Conditions and Limitations.
(a) Area. A manufactured home park shall embrace an area of not less than five acres of land.
(b) Density. In no event shall the density exceed 10 manufactured homes per gross acre.
(c) Yard Regulations. Each manufactured home park shall contain yard areas (setbacks) which shall be measured parallel to and at right angles from the front, side and rear property lines. The front and rear building setback lines shall extend the full width of the property. No building, structure or manufactured home shall be located so that any part extends into the area between the building setback line and the property line. Fences and signs may be placed within the yard areas as an exception to this subsection. Yards shall be established as follows:
(i) Manufactured home parks shall have a setback of at least 25 feet from an interior property line abutting residentially zoned property;
(ii) Manufactured home parks shall have a setback of at least 15 feet from any interior property line abutting commercially or industrially zoned property; and
(iii) Manufactured home parks shall have a setback of at least 20 feet from any abutting street right-of-way.
(d) Development of Boundaries. An ornamental, sight-obscuring fence or wall of not less than four feet nor more than six feet in height and/or evergreen planting of not less than five feet in height at planting shall surround the manufactured home park. If the option of plant materials is chosen in lieu of a fence or wall, such planting shall be maintained at the required height and replaced if diseased. The fence or plant screening may be placed up to the property line if adequate vision clearance for entrances and exits is maintained. If the fence or plant screening is not placed on the property line, the undeveloped areas between the screening and curb or sidewalk shall be provided with a ground cover composed of plant materials or a combination of plant materials and bark mulch, rock or other nonplanted landscaping material.
(e) Regulating Standards. Rules establishing minimum safety for the design, construction, sanitation, operating, licensing and maintenance of manufactured home parks are contained in ORS Chapter 446. The Department of Commerce shall review plans and inspect construction of manufactured home parks to ensure compliance.
(f) Building and Structures. All buildings and structures within the manufactured home park boundaries shall comply with the pertinent building code and manufactured homes must meet state and county requirements and the requirements of the Yoncalla ordinances and regulations.
(10) Manufactured Home Park Design and Construction Standards. See manufactured home park design and construction standards at YMC 18.55.170 and 18.55.180. (Ord. 429 §1(2.4.090), 2018).
18.40.100 Multifamily development.
(1) Purpose. The following standards are intended to ensure that multifamily developments are planned with adequate open space and are designed to prevent conflicts between residential uses, on-site recreation, and vehicle circulation and parking areas. The standards supplement the design standards of Division III.
(2) Applicability. This applies to new multifamily developments.
(3) Standards.
(a) Common Open Space and Landscaping. A minimum of 15 percent of the site area in the R districts and 10 percent of the site area in the Commercial district shall be designated and permanently reserved as common area or open space, in accordance with all of the following criteria:
(i) “Site area” for the purposes of this section is defined as the subject lot or lots after subtracting any required dedication of street right-of-way;
(ii) The common area or open space shall contain one or more of the following: outdoor recreation area, tree grove (e.g., existing mature trees), turf play fields or playgrounds, sports courts, swim pool, walking fitness course, natural area with picnic benches, or similar open space amenities as appropriate for the intended residents.
(iii) In order to be counted as eligible toward the minimum open space area, such areas shall have dimensions of not less than 20 feet;
(iv) Open space and common areas not otherwise developed with recreational facilities shall be landscaped; alternatively, the city of Yoncalla may approve a tree preservation plan (retain mature tree groves) in lieu of landscaping.
(b) Private Open Space. Private open space areas shall be required for dwelling units based on the following criteria:
(i) A minimum of 40 percent of all ground-floor dwelling units shall have front or rear patios or decks containing at least 48 square feet of usable area. “Ground-floor housing” means the housing unit entrance (front or rear) is within five feet of the finished ground elevation (i.e., after grading and landscaping);
(ii) A minimum of 40 percent of all upper-floor housing units shall have balconies or porches containing at least 48 square feet of usable area. “Upper-floor housing” means housing units that are more than five feet above the finished grade.
(c) Access, Circulation, Landscaping, Parking, Public Facilities. The standards of Chapters 18.35 and 18.55 YMC shall be met.
(d) Trash Storage. Trash receptacles, recycling and storage facilities shall be oriented away from building entrances, set back at least 10 feet from any public right-of-way and adjacent residences and shall be screened with an evergreen hedge or solid fence or wall of not less than six feet in height. Receptacles must be accessible to trash pick-up trucks. (Ord. 429 §1(2.4.100), 2018).
18.40.110 Dwellings in commercial zones.
(1) Purpose. This section provides standards for residential uses in the C-1 zone.
(2) Applicability. This section applies to dwellings in the C-1 zone.
(3) Standards. Residential uses in the C-1 zone shall conform to all of the following standards:
(a) New residential uses shall not be located in a ground-floor building space fronting Eagle Valley Road between 1st Street and 4th Street and fronting Main Street between Eagle Valley Road and Birch Street.
(b) Single-family dwellings lawfully existing as of July, 2018 may continue as permitted uses; and in the event of involuntary damage or destruction due to fire or other event beyond the owner’s control, such single-family use may be rebuilt and reestablished pursuant with Chapters 18.10 and 18.45 YMC and applicable building codes. (Ord. 429 §1(2.4.110), 2018).
18.40.120 Residential care homes and residential care facilities.
Residential care homes and residential care facilities, where allowed, shall conform to all of the following standards and procedures. Note: residential care facilities are not the same as acute care facilities, which are classified as community service uses; and they are not the same as senior housing facilities that provide limited or no medical care, which are classified as multifamily housing.
(1) Licensing and State Requirements. Residential care homes and residential care facilities shall be licensed by the state of Oregon and comply with state requirements, pursuant to ORS 197.660 through 197.670.
(2) Residential Care Homes. Residential care homes may provide residential care alone, or in conjunction with treatment and/or training, for five or fewer individuals who need not be related. Staff required to meet state licensing requirements is not counted in the number of facility residents and need not be related to each other or the residents. The same development code standards that apply to single-family dwellings also apply to residential care homes, except where state law supersedes city standards.
(3) Residential Care Facilities. Residential care facilities may provide residential care alone, or in conjunction with treatment and/or training, for between six and 15 individuals who need not be related. Staff required to meet state licensing requirements is not counted in the number of facility residents and need not be related to each other or the residents. The same development code standards that apply to multiple-family dwellings also apply to residential care homes, except where state law supersedes city standards.
(4) Access. The access and circulation standards outlined in Chapter 18.55 YMC shall be met.
(5) Parking. The parking standards of YMC 18.40.030 shall be met.
(6) Landscaping. The city may require the installation of a landscape hedge or fence on the property line separating a residential care facility from an abutting lot containing a single-family dwelling for the purposes of visual screening and privacy between uses. The landscaping standards do not apply to building permits for individual residential care homes.
(7) Building Design Standards. Residential care facilities are required to comply with the building orientation and design standards for multifamily housing, pursuant with Chapter 18.45 YMC and YMC 18.40.100; except where a state requirement conflicts with a city standard, the state requirement, not the city standard, shall apply. The building design standards do not apply to residential care homes.
(8) Review Procedure. Residential care homes are subject to review and approval through a Type I review procedure under YMC 18.60.020 through 18.60.030 prior to issuance of building permits. Residential care facilities are subject to a Type III (public hearing) review and approval under YMC 18.60.090 through 18.60.140 (Ord. 429 §1(2.4.120), 2018).
18.40.130 Manufactured home on a single-family lot.
Manufactured homes are permitted on individual lots, subject to all of the following design standards. Manufactured dwellings relocated into the city of Yoncalla shall conform to city standards. The following standards do not apply to dwellings lawfully established and existing within the city prior to July, 2018. (See also YMC 18.40.090, 18.55.170 and 18.55.180 regarding manufactured home parks.)
(1) Floor Plan. The manufactured home shall be multi-sectional and have an enclosed floor area of not less than 1,000 square feet;
(2) Roof. The manufactured home shall have a pitched roof with a slope not less than three feet in height for each 12 feet in width (14 degrees);
(3) Residential Building Materials. The manufactured home shall have exterior siding and roofing which in color, material and appearance are similar to the exterior siding and roof material used on nearby residences; horizontal wood or horizontal wood-appearance siding and composite roofing are also permitted.
(4) Garages and Carports. The manufactured home shall have a carport or garage that shall be at least 14 feet by 20 feet in area, constructed of similar materials as those used on the exterior of the manufactured home.
(5) Thermal Envelope. The manufactured home shall be certified by the manufacturer to meet the thermal envelope requirements equivalent to those for a single-family dwelling constructed under the State Building Code (ORS 455.010). Evidence demonstrating that the manufactured home meets “Super Good Cents” energy efficiency standards, or equivalent standard, is deemed to satisfy the exterior thermal envelope certification requirement.
(6) Placement. The manufactured home shall be placed on an excavated and back-filled foundation and enclosed at the perimeter such that the manufactured home is located not more than 18 inches above grade, and complies with the minimum set-up standards of the adopted state Administrative Rules for Manufactured Dwellings, OAR Chapter 918. Where the building site has a sloped grade, no more than 16 inches of the enclosing material shall be exposed on the uphill side of the home. The portion of the lot on which the manufactured home is to be located shall not exceed a slope of 10 percent prior to excavation or fill on the parcel.
(7) Drains shall be provided around all concrete or masonry footings enclosing habitable or usable spaces located below grade. Drainage materials and systems shall be installed at or below the area to be protected and shall discharge by gravity or mechanical means into an approved drainage system per applicable building standards.
(8) Manufactured housing will be disallowed within the Historic Special District.
(9) The manufactured home shall conform in all respects to any applicable city, county, state and/or federal regulation in force at the time of installation.
(10) Floodplain. Manufactured homes shall comply with the following standards:
(a) The stand shall be a minimum of 12 inches above base flood elevation (BFE) unless the foundation wall is opened on one side or end so that floodwater cannot be trapped. (Manufactured Dwelling Specialty Code, 4-3.1(5).)
(b) The bottom of the longitudinal chassis frame beam in A zones, and the bottom of the lowest horizontal structural member supporting the dwelling in V zones, shall be a minimum of 12 inches above BFE. (See definition of Lowest Floor in Manufactured Dwelling Specialty Code.)
(c) The manufactured dwelling shall be anchored to prevent flotation, collapse, or lateral movement during the base flood. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for anchoring techniques). (44 Code of Federal Regulations 60.3(c)(6).)
(d) Electrical crossover connections shall be a minimum of 12 inches above BFE. (Manufactured Dwelling Specialty Code 6-4.2(1).)
(11) Foundation Skirt. The foundation area of the manufactured home shall be fully skirted with concrete, horizontal wood or vinyl siding, or other materials, pursuant to applicable building codes. (Ord. 429 §1(2.4.130), 2018).
18.40.140 Temporary uses.
Temporary uses are characterized by their short term or seasonal nature and by the fact that permanent improvements are not made to the site. Temporary uses include, but are not limited to: construction trailers, leasing offices, temporary carnivals and fairs, parking lot sales, retail warehouse sales, seasonal sales such as Christmas tree sales and vegetable stands, and similar uses. This code contains permit procedures for three types of temporary uses, Seasonal and Special Events, Temporary Sales Offices and Model Homes, and Temporary Buildings, Trailers, Kiosks, and Other Structures, as follows:
(1) Seasonal and Special Events. Through a Type II procedure, pursuant to YMC 18.60.040 through 18.60.080, the city shall approve, approve with conditions, or deny a temporary use application for a seasonal or special event based on the following criteria being met:
(a) The use is permitted in the underlying zone, and does not violate any conditions of approval for the property (e.g., prior development permit approval);
(b) The use occurs only once in a calendar year and for not longer than 30 consecutive days;
(c) The use is permitted in the underlying land use district and does not violate any conditions of approval for the property (e.g., prior development permit approval);
(d) The applicant, if different from the property owner, has proof of the owner’s permission to place the use on his/her property;
(e) Ingress and egress are adequate and do not raise safety concerns when the proposed use combined with the other uses of the site, pursuant to Chapter 18.56 YMC, Access and Circulation;
(f) The use does not conflict (i.e., create a nonconformity) with the other provisions of this chapter, Special Use Standards;
(g) There is sufficient parking to accommodate the temporary use and other uses existing on the site, pursuant to YMC 18.40.030;
(h) The use does not conflict (i.e., create a nonconformity) with the provisions of Chapter 18.55 YMC, Public Facilities;
(i) The use does not create adverse off-site impacts, including vehicle traffic, noise, odors, vibrations, glare or lights, that affect an adjoining use in a manner in which other uses allowed outright in the district do not affect the adjoining use;
(j) The use is adequately served by sewer or septic system and water, as applicable; and
(k) The applicant shall be responsible for maintaining all required licenses and permits.
(2) Temporary Sales Office or Model Home. Through a Type II procedure, pursuant to YMC 18.60.040 through 18.60.080, the city shall approve, approve with conditions, or deny a temporary use application for a temporary sales office or model home, based on the following criteria being met:
(a) Temporary Sales Office. The use of any real property within the city as a temporary sales office, office for the purpose of facilitating the sale of real property, shall meet all of the following criteria:
(i) The temporary sales office shall be located within the boundaries of the subdivision or tract of land in which the real property is to be sold;
(ii) The property to be used for a temporary sales office shall not be permanently improved for that purpose; and
(iii) Conditions may be imposed regarding temporary utility connections, and as necessary to protect public health, safety, or welfare.
(b) Model House. The use of any real property within the city for a model home, including a model home in any subdivision or on any tract of land within the city, shall meet all of the following criteria:
(i) Where the model house is located in a residential zone, it shall be located within the boundaries of the subdivision or tract of land where the real property to be sold is situated;
(ii) A model house located in a residential zone shall be designed as a permanent structure that meets all relevant requirements of this code and other applicable codes and permit requirements; and
(iii) A model house located in a nonresidential zone, as with a manufactured home sales display lot, shall be removed when the use of the subject site for home sales ends.
(3) Temporary Buildings, Trailers, Kiosks, and Other Structures. Through a Type II procedure, pursuant to YMC 18.60.040 through 18.60.080, the city shall approve, approve with conditions, or deny an application for a placement and use of a temporary building, trailer, kiosk, or other structure, based on the following criteria:
(a) The use is permitted in the underlying zone and does not violate any conditions of approval for the property (e.g., prior development permit approval);
(b) The applicant, if different from the property owner, has proof of the owner’s permission to place the use on his/her property;
(c) The lot development standards of Chapters 18.30 and 18.35 YMC are met;
(d) Ingress and egress are adequate and do not raise safety concerns when the proposed use combined with the other uses of the site, pursuant to Chapter 18.56 YMC, Access and Circulation;
(e) The use does not conflict (i.e., create a nonconformity) with the provisions of YMC 18.40.060;
(f) There is sufficient parking to accommodate the temporary use and other uses existing on the site, pursuant to YMC 18.40.030;
(g) The temporary use does not conflict (i.e., create a nonconformity) with the provisions of Chapter 18.55 YMC, Public Facilities;
(h) The use does not create adverse off-site impacts, including vehicle traffic, noise, odors, vibrations, glare or lights, that affect an adjoining use in a manner in which other uses allowed outright in the district do not affect the adjoining use;
(i) The use is adequately served by sewer or septic system and water, as applicable;
(j) The structure complies with applicable building codes;
(k) Except where specifically authorized by the Yoncalla city council, the length of time that the temporary structure may remain on a site shall not exceed six consecutive months or a total of six months in any one calendar year;
(l) The applicant shall be responsible for maintaining all required licenses and permits; and
(m) The city of Yoncalla may require installation of a water meter and may require other improvements, pursuant to Chapter 18.55 YMC, Public Facilities, as necessary, to protect public health, safety, or welfare. (Ord. 429 §1(2.4.140), 2018).
18.40.150 Accessory dwellings.
Accessory dwellings, where allowed, are subject to review and approval through a Type II procedure, pursuant to YMC 18.60.040 through 18.60.080, and shall conform to all of the following standards:
(1) General Standards for Attached Accessory Dwelling Units.
(a) Creation. An ADU may be created through new construction or conversion of, or addition to, an existing structure (including legal nonconforming structures).
(b) Size. The total square footage of an ADU shall not exceed 1,200 square feet. Total square footage is measured at the exterior perimeter walls and is defined as all square footage inside of the dwelling, including but not limited to hallways, entries, closets, utility rooms, stairways and bathrooms.
(c) Building Height/Interior Setback.
(i) For ADUs located in the Single-Family Residential (R-1) zone, building heights and setbacks shall conform to the standards set forth in YMC 18.35.010 through 18.35.110.
(ii) For ADUs located in the Medium Density Residential (R-2) zone, building heights and setbacks shall conform to the standards set forth in YMC 18.35.120 through 18.35.200.
(d) Maximum Bedrooms. The ADU shall contain no more than two bedrooms.
(e) Owner/Occupancy Requirements. Either the primary dwelling or the ADU shall be the principal residence of the property owner. The principal residence must be occupied for a minimum of six months of each calendar year by a property owner who is the majority owner of the property as shown in the most recent Douglas County assessor’s roll. If there is more than one property owner of record, the owner with the majority interest in the property shall be deemed the property owner. Prior to issuance of a building permit for an ADU, the property owner must provide the city with a copy of the property deed to verify ownership, and two forms of documentation to verify occupancy of the primary residence. Acceptable documentation for this purpose includes voter’s registration, driver’s license, homeowner’s insurance, income tax filing, and/or utility bill. When both the primary dwelling and ADU are constructed at the same time, such documentation must be provided prior to final occupancy.
(f) Temporary Leave. A property owner may temporarily vacate the principal residence up to one year due to a temporary leave of absence for an employment, educational, or volunteer opportunity, or medical need. The property owner must provide the city proof of temporary leave status from the property owner’s employer, educational facility, volunteer organization or medical provider, and a notarized statement that the property owner intends to resume occupancy of the principal residence after the one year limit. During the temporary leave, the property owner may rent or lease both units on the property. Leaves in which property owner is temporarily absent shall not be consecutive and shall not occur more than once every five years. This standard may be adjusted at the discretion of the city.
(2) General Standards for Detached ADUs. In addition to the standards in this section and Division III, detached ADUs shall comply with the following:
(a) Building Size. Up to 300 square feet of unheated garage or storage space attached to the ADU is allowed and is not counted in the allowable total building square footage.
(b) Pedestrian Access. A pedestrian walkway shall be provided from the street or alley to the primary entrance of the ADU. The pedestrian walkway shall be a hard surface (concrete, asphalt, gravel or pavers).
(c) Outdoor Storage/Trash. Outdoor storage and garbage areas shall be screened from view from adjacent properties and those across the street or alley with a minimum 42-inch-high and 100 percent sight-obscuring fence or enclosure on at least three sides. (Ord. 429 §1(2.4.150), 2018).
18.40.160 Cottage housing – Development and design standards.
(1) Table 18.40.160 – Development Standards.
Cottage Size | The gross floor area of each cottage shall not exceed 1,200 square feet. |
|---|---|
At least 50% of the cottages in each cluster shall have a gross floor area less than 1,200 square feet. | |
“Gross floor area” does not include: a) interior space with a ceiling height of six feet or less; b) basements, c) architectural projections, such as bay windows, fireplaces, or utility closets, that are less than 24 inches deep and six feet wide, d) attached, unenclosed porches, and e) garages or carports. | |
The footprint may not exceed 1,000 square feet. | |
Density | Cottages may be built at up to twice the allowed density for single-family detached residences in the underlying zone. |
A cluster shall consist of no more than 10 and no fewer than four units. | |
Setbacks | The minimum setback for any structure shall be 10 feet from any public right-of-way or other structure. |
Cottages shall be no more than 30 feet from the common open space, measured from the façade of the cottage to the nearest delineation of the common open space. | |
Distance between structures shall be a minimum of five feet. | |
Maximum Height | 25 feet |
Lot Coverage | Max. for all structures in cottage development shall not exceed 60%. |
(2) Design Standards.
(a) Orientation of Dwelling Units. Dwellings within a cottage housing development shall be clustered and homes within the clusters shall be oriented to promote a sense of community within the development.
(i) Each cottage shall have a primary entry oriented to a common open space.
(ii) ADUs are not allowed as part of a cottage housing development.
(b) Off-Street Parking Requirements.
(i) One off-street parking space shall be required for each cottage.
(ii) One additional guest parking space shall be provided for every three cottages, rounded up to the next whole number.
(iii) The off-street parking requirements may be waived or reduced if sufficient on-street parking is available within 800 feet of the property.
(c) Parking Design.
(i) Parking shall be separated from the common area and public streets by landscaping and/or architectural screening. See image below for visual representation of grouped parking. Image not intended to be actual construction of cottage housing units.
(ii) Parking areas shall be accessed only by a private driveway or public alley.
(iii) Design of carports and garages, if provided, including roof lines, shall be similar to and compatible with that of the cottages.
(iv) Parking areas shall be limited to no more than five contiguous spaces.
(d) Walkways.
(i) A system of interior walkways shall connect each cottage to at least one other cottage and to the parking area.
(e) Community Assets.
(i) Common Open Space. Each cluster of cottages shall have at least 200 square feet of open space per cottage, with a common open space provided in one contiguous, useable space.
(ii) Community Building. Single-story community buildings, limited to 1,200 square feet, are permitted, so long as they are clearly incidental in use to the dwelling units. A community building converted from an existing building may be larger than 1,200 feet. (Ord. 429 §1(2.4.160), 2018).
18.35.010 Regulations.
In an R-1 zone the regulations set forth in YMC 18.35.020 through 18.35.110 shall apply. (Ord. 429 §1(2.3.010), 2018).
18.35.020 Purpose and applicability.
(1) To provide for, encourage, promote and protect the character of community residential areas having a suitable environment for a range of housing choices in support of small city urban and suburban family life.
(2) This district, and density options therein, is intended for application only to those areas having facilities available to support the expected density and to carry out the above-stated purposes. (Ord. 429 §1(2.3.010(A)), 2018).
18.35.030 Uses permitted outright.
In an R-1 zone the following uses and their accessory uses are permitted outright:
(1) One-family dwellings, two-family dwellings;
(2) Manufactured homes on single-family lots, subject to the standards outlined at YMC 18.40.130;
(3) Church;
(4) Forestry, nursery, and limited farm use;
(5) Public building;
(6) Schools;
(7) Home occupation;
(8) Park and publicly owned recreation areas;
(9) Utility substation lines necessary for public service;
(10) A travel trailer or recreational vehicle used during the construction of a permitted use for which a building permit has been issued;
(11) Residential home (five persons or less), subject to the standards outlined at YMC 18.40.120;
(12) Bed and breakfast home stay, subject to the standards outlined at YMC 18.40.070;
(13) Cottage housing, subject to the standards in YMC 18.40.160;
(14) One accessory dwelling unit as provided in YMC 18.40.150. (Ord. 429 §1(2.3.010(B)), 2018).
18.35.040 Standards.
In an R-1 zone the following standards shall apply:
(1) Front yards shall be landscaped and maintained.
(2) Signs shall be in accordance with YMC 18.40.020 and 18.55.110.
(3) Parking shall be in accordance with YMC 18.40.030.
(4) Standard conditions for manufactured homes on individual lots are outlined under YMC 18.40.130, special use standards for manufactured homes on single-family lots.
(5) Possible natural hazard areas, as indicated on the zoning map, shall be referred to the planning commission for consideration under restrictions set forth in YMC 18.50.090. (Ord. 429 §1(2.3.010(C)), 2018).
18.35.050 Conditional uses permitted.
The following are conditional uses in the R-1 zone, subject to the provisions of Chapters 18.35, 18.50 and 18.65 YMC:
(1) Triplex, apartment or multifamily dwellings (consistent with multifamily development standards at YMC 18.40.100);
(2) Boarding and rooming houses;
(3) Churches and temples;
(4) Child day care center;
(5) Private schools;
(6) Group care or nursing homes;
(7) Cemeteries; provided, that no aboveground structure (e.g., building, monument, headstone or grave marker) is closer than 100 feet to any property line and no interment facility shall be closer than 50 feet to any property line;
(8) Manufactured home park subject to YMC 18.40.090;
(9) Residential facilities, to include residential care facility, residential training facility and residential treatment facility. (Ord. 429 §1(2.3.010(D)), 2018).
18.35.060 Standards.
(1) Outdoor storage shall be screened by a sight-obscuring fence.
(2) Parking shall be in accordance with YMC 18.40.030.
(3) Signs shall be in accordance with YMC 18.40.020 and 18.55.110.
(4) The maximum density permitted on any parcel in the traditional residential district shall be 10 dwelling units per acre. The maximum density limitation does not apply to accessory dwelling units or cottage housing, (Ord. 429 §1(2.3.010(E)), 2018).
18.35.070 Minimum lot size and dimensions.
Minimum lot size and dimensions shall be:
No. or Type of Unit | Minimum Lot Size (sq. feet) | Minimum Lot Width* (feet) | Minimum Lot Length (feet) |
|---|---|---|---|
Single-Family Dwelling | 6,500 | 60; 65 on corners | 100 |
Duplex | 9,000 | 65 | 100 |
Each Additional | 3,000 | 100 | |
Over 12 units at a ratio of 2,725 square feet per unit over 12, with a minimum length and width of 100 feet. | |||
*Lots fronting on the bulb of a cul-de-sac street or exterior corner lots shall have a minimum width at the front property line of 30 feet and a minimum width at the building line of 60 feet.
(Ord. 429 §1(2.3.010(F)), 2018).
18.35.080 Maximum lot coverage.
Maximum lot coverage shall be 50 percent. (Ord. 429 §1(2.3.010(G)), 2018).
18.35.090 Setbacks.
Minimum setbacks shall be measured from the property line, except setbacks adjacent to an arterial street shall be measured from the public right-of-way street. The setbacks in feet shall be:
Main Building | Required Off Street Parking | Accessory Building | |
|---|---|---|---|
Front | 15 ft. Where adjoining front yards are less than required then the average of such yards will serve as the standard. | 15 ft. | 20 ft. for garages and carports taking access off of front. Where adjoining front yards are less than required then the average of such yards will serve as the standard. |
Side | 5 ft. 15 ft. for the street side of corner lots. | 5 ft. 15 ft. for the street side of corner lots. | |
Rear | 10 ft. 10 ft. from center of alley | 10 ft. 10 ft. from center of alley |
Minimum setback of an accessory building from a main building or another accessory building shall be five feet. (Ord. 429 §1(2.3.010(H)), 2018).
18.35.100 Maximum structure height.
Maximum structure height in feet shall be:
Structure | Distance |
|---|---|
Main Building | 35 ft. |
Energy apparatus on main building | 5 ft. above main building |
Accessory building | The maximum structural height shall be 15 ft. The maximum height may be 25 ft. if a living unit is provided on the second floor. |
Antennas, spires, etc. | 75 ft. |
Fences and hedges | 4 ft. in front and side setbacks if adjacent to a street; 6 ft. elsewhere where the fence or hedge is of solid design and a maximum of 8 ft. with an open design |
(Ord. 429 §1(2.3.010(I)), 2018).
18.35.110 Utility, public improvement, construction and use requirements.
See Chapter 18.55 YMC, Public Facilities. (Ord. 429 §1(2.3.010(J)), 2018).
18.35.120 Purpose and applicability.
To allow medium density development and serve as a general residential zone for a variety of housing types. (Ord. 429 §1(2.3.020(A)), 2018).
18.35.130 Uses permitted outright.
The following uses are allowed in the Medium Density Residential Zone, subject to compliance with other requirements:
(1) One single-family dwelling or one manufactured home on a lot;
(2) One duplex on a lot;
(3) Triplex, apartment or multifamily dwellings (consistent with multifamily standards at YMC 18.40.100);
(4) Mobile homes in a mobile home park or mobile home subdivision of five acres or more subject to YMC 18.40.090;
(5) Residential training and residential treatment homes (five persons or less);
(6) Cottage housing, subject to the standards in YMC 18.40.160;
(7) One accessory dwelling unit as provided in YMC 18.40.150. (Ord. 429 §1(2.3.020(B)), 2018).
18.35.140 Conditional uses.
The following uses are allowed in the medium density residential zone if a conditional use permit is granted as specified in Chapter 18.65 YMC, Conditional Uses, and subject to compliance with other requirements:
(1) Public and semi-public uses, including government uses and utility structures;
(2) Residential facilities to include: residential care facility, residential training facility, and residential treatment facility subject to the standards outlined at YMC 18.40.120;
(3) Bed and breakfast home stay, subject to the standards outlined at YMC 18.40.070. (Ord. 429 §1(2.3.020(C)), 2018).
18.35.150 Accessory uses permitted outright.
The following uses are permitted outright in the medium density residential zone in conjunction with any permitted or conditional use and subject to compliance with other requirements:
(1) Home gardens and orchards;
(2) Sheds or other appurtenant facilities for storage;
(3) Home occupation. (Ord. 429 §1(2.3.020(D)), 2018).
18.35.160 Conditional accessory uses.
The following uses are permitted in the medium density residential zone if a conditional use permit is granted as specified in Chapter 18.65 YMC, Conditional Uses, and subject to compliance with other requirements:
(1) Home occupation in an accessory building. (Ord. 429 §1(2.3.020(E)), 2018).
18.35.170 Minimum lot size and dimensions.
Minimum lot size and dimensions shall be:
No. or Type of Unit | Minimum Lot Size (sq. feet) | Minimum Lot Width* (feet) | Max Lot Coverage |
|---|---|---|---|
Single-family Dwelling | 4,500 | 60; 75 on corners | 40% |
Duplex | 6,500 | 70; 75 on corners | 60% |
Multiple Family | 10,000 | 80; 85 on corners | 60% |
Over 12 units at a ratio of 2,725 square feet per unit over 12, with a minimum length and width of 100 feet. | |||
*Lots fronting on the bulb of a cul-de-sac street or exterior corner lots shall have a minimum width at the front property line of 30 feet and a minimum width at the building line of 60 feet.
(Ord. 429 §1(2.3.020(F)), 2018).
18.35.180 Setbacks.
Minimum setbacks shall be measured from the property line, except setbacks adjacent to an arterial street shall be measured from the point 40 feet from the centerline of the arterial street. The setbacks in feet shall be:
Main Building | Accessory Building | |
|---|---|---|
Front | 15 ft. Steps allowed within the front yard setback | 15 ft. Garages shall be set back a minimum of 20 ft. from the front property line and shall be set back a minimum of 5 ft. from the longest wall of the front façade of the house. |
Side | 5 ft. Corner lots shall have a side yard next to the street of 10 ft.. | 5 ft. Corner lots shall have a side yard next to the street of 10 ft.. |
Rear | Not less than 10 ft. from the rear property line. | Accessory structures that require a building permit shall be set back not less than 5 ft. from the rear property line. |
Minimum setback of an accessory building from a main building or another accessory building shall be five feet.
Setback Exceptions. The following architectural features are allowed to encroach into the yard setbacks: eaves, chimneys, bay windows, overhangs, and similar architectural features may encroach into setbacks by no more than two feet. Porches, decks and similar structures not exceeding two feet in height may encroach into setbacks by no more than two feet, subject to front yard setback provisions. (Ord. 429 §1(2.3.020(G)), 2018).
18.35.190 Maximum structure height.
Maximum structure height in feet shall be:
Structure | Distance |
|---|---|
Residential buildings | 35 ft. |
Energy apparatus on main building | 5 ft. above main building |
Accessory building | The maximum structural height shall be 15 ft.. The maximum height may be 25 ft. if a living unit is provided on the second floor. |
Antennas, spires, etc. | 75 ft. |
Fences and hedges | 4 ft. in front and side setbacks if adjacent to a street; 6 ft. elsewhere where the fence or hedge is of solid design and a maximum of 8 ft. with an open design |
(Ord. 429 §1(2.3.020(H)), 2018).
18.35.200 Utility, public improvement, construction and use requirements.
See Chapter 18.55 YMC, Public Facilities. (Ord. 429 §1(2.3.020(I)), 2018).
18.35.210 Regulations.
In a C-1 zone the following regulations shall apply: (Ord. 429 §1(2.3.030), 2018).
18.35.220 Purpose and applicability.
(1) To create and preserve areas suitable for commercial uses and services on a broad basis to serve as the central shopping or principal downtown area of the community.
(2) In general, this zone shall be applied only as indicated on the comprehensive plan and shall be for the town “center” already existing and desirable to retain and for those areas that, because of population growth and distance from existing services, should be developed for such purposes. (Ord. 429 §1(2.3.030(A)), 2018).
18.35.230 Uses permitted outright.
In a C-1 zone the following uses and their accessory uses are permitted outright:
(1) Retail trade establishment such as food store, drugstore, gift shop, hardware store and furniture store.
(2) Repair and maintenance service or the type of goods to be found in the above-permitted retail trade establishments, provided such service is performed wholly within an enclosed building.
(3) Business, governmental and professional office.
(4) Financial institution.
(5) Eating and drinking establishment.
(6) Personal and business services such as barber shop, tailoring, printing, funeral home or laundry and dry cleaning establishment.
(7) Motels, hotels and apartments.
(8) School or college, church, community meeting building, hospital.
(9) Governmental structure such as fire station or library, but excluding a storage or repair type facility.
(10) Park, golf course, publicly owned recreation area.
(11) Utility lines, substation or facility, radio or television broadcasting studios.
(12) Travel trailer or manufactured home used during the construction of a permitted use for which a building permit has been issued.
(13) Other similar types of uses as may be permitted by the planning commission under YMC 18.30.020.
(14) Residential home (five persons or less) in a pre-existing single-family dwelling, subject to the standards outlined at YMC 18.40.120. (Ord. 429 §1(2.3.030(B)), 2018).
18.35.240 Conditional uses permitted.
The following are conditional uses in the C-l zone, subject to the provisions of Chapters 18.35, 18.50 and 18.65 YMC.
(1) Automobile service stations or garages; car washes and laundries other than those utilizing automatic or steam cleaning equipment.
(2) Commercial amusement establishments such as bowling alleys, skating rinks, pool halls, etc.
(3) Drive-in uses.
(4) Equipment sales and rental yards, used car lots and other yards where retail sales products are displayed in the open.
(5) Triplex, apartment or multifamily dwellings (consistent with multifamily standards at YMC 18.40.100)
(6) Funeral homes, undertaking parlors and mortuaries.
(7) Bed and breakfast home stay, subject to the standards outlined at YMC 18.40.070. (Ord. 429 §1(2.3.030(C)), 2018).
18.35.250 Standards.
In a C-1 zone the following standards shall apply:
(1) The minimum yards adjacent to a residential zone shall be the same as if the lot were in a residential zone.
(2) The minimum rear yards shall be 10 feet from the center of an alley or rear lot line.
(3) The maximum building height shall be 35 feet.
(4) Outdoor storage shall be screened with a sight-obscuring fence.
(5) Parking shall be in accordance with YMC 18.40.030.
(6) Signs shall be in accordance with YMC 18.35.210 through 18.35.270 and 18.55.110. (Ord. 429 §1(2.3.030(D)), 2018).
18.35.260 Minimum lot size and dimensions.
Minimum lot size and dimensions shall be:
No. or Type of Unit | Minimum Lot Size (sq. feet) | Minimum Lot Width* (feet) | Max Lot Coverage |
|---|---|---|---|
Commercial | 2,500 | 25 | 60% |
Single Family | 5,000 | 50 | 50% |
Duplex | 6,500 | 70; 75 on corners | 60% |
Multiple Family | 10,000 | 80; 85 on corners | 60% |
*Over 12 units at a ratio of 2,725 square feet per unit over 12, with a minimum length and width of 100 feet. | |||
(Ord. 429 §1(2.3.030(E)), 2018).
18.35.270 Utility, public improvement, construction and use requirements.
See Chapter 18.55 YMC, Public Facilities. (Ord. 429 §1(2.3.030(F)), 2018).
18.35.280 Regulations.
In a G-IND zone the following regulations shall apply: (Ord. 429 §1(2.3.040), 2018).
18.35.290 Purpose and applicability.
(1) To provide areas for the location of those business and industrial uses which are generally in support of but not necessarily compatible with those permissible activities and uses in the community commercial zone; to encourage the grouping of heavy commercial and limited industrial uses for mutual protection and to effect economies and efficiency in the provision of public utilities, streets and services.
(2) To allow for space for conditional industrial uses that are generally considered to be offensive or to have some element of danger; to prohibit the encroachment of incompatible uses; to regulate the nuisance uses so as to decrease their detrimental effect on surrounding uses of land.
(3) This zone will normally be established in support of community economic development and shall not be established without access to a major thoroughfare or a land service road of reasonable standard. (Ord. 429 §1(2.3.040(A)), 2018).
18.35.300 Uses permitted outright.
In a G-IND zone the following uses are permitted outright:
(1) Farm use.
(2) Forestry.
(3) Utility lines not necessary for public service.
(4) Travel trailer or manufactured home used during the construction of a permitted use for which a building permit has been issued.
(5) Signs subject to the provisions of YMC 18.35.280 through 18.35.330 and 18.55.110.
(6) Utility substation.
(7) Fire station.
(8) Radio or television transmitter tower.
(9) Railroad facilities.
(10) Animal hospital, provided no noise is audible in an adjacent residential zone.
(11) Kennel.
(12) Wholesale, trucking and storage establishment.
(13) Machine shop, cabinet shop or related light manufacturing.
(14) Machinery, farm equipment, marine craft, car sales, service and repair.
(15) Advertising sign in accordance with YMC 18.35.280 through 18.35.330 .
(16) Building material sales and storage yard.
(17) Laboratory for experiment, research or testing, except combustion-type motor testing.
(18) Governmental building, including maintenance, repair, or storage facilities.
(19) Plumbing, heating, electrical or paint contractors, storage, repair or sale shop.
(20) Mining.
(21) Airport.
(22) Except as qualified below, any manufacturing, processing, assembling, research, laboratory, bottling or packaging uses which are conducted in a building and from which there is no odor, dust, smoke, gas, noise, vibration, radiation or other effect which has measurable nuisance qualities beyond the property line.
While considering the application for use approval for any such use, the planning commission shall review the performance characteristics for such use and shall in its opinion determine if a nuisance will be created and, if one is expected to develop, may deny the use or make requirements to eliminate the nuisance. This is a continuing control and the planning commission has the same authority after the use develops as before. (Ord. 429 §1(2.3.040(B)), 2018).
18.35.310 Conditional uses permitted.
The following uses and their accessory uses are permitted in a G-IND zone when authorized in accordance with Chapters 18.35, 18.50 and 18.65 YMC:
(1) Automobile wrecking yard;
(2) Automobile service station;
(3) Bulk plant;
(4) Junk yard;
(5) Heavy manufacturing, fabricating, processing, repairing, packing or storage;
(6) Public uses;
(7) Semi-public use;
(8) Manufactured home or dwelling unit other than a trailer accessory to permitted use as accommodations for a caretaker or watchman. (Ord. 429 §1(2.3.040(C)), 2018).
18.35.320 Limitations of use.
The following limitations of use shall apply in a G-IND zone:
(1) Any use which creates a nuisance because of noise, smoke, dust, or gas is prohibited.
(2) Materials shall be sorted and grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or otherwise create a health hazard.
(3) All service, processing, and storage on property abutting or facing a residential zone shall be wholly within an enclosed building or screened from view from a residential zone by a permanently maintained sight-obscuring fence at least six feet high.
(4) Access from a public street to properties in a G-IND zone shall be so located as to minimize industrial traffic onto residential streets.
(5) Building entrances or other openings adjacent to a residential or commercial zone shall be prohibited if they cause glare, excessive noise or otherwise adversely affect the use or value of the adjacent property.
(6) All lands in the UGB which appear to lie within the floodplain designation shall be developed to the standards and requirements of the Federal Flood Insurance Program. Information as to elevation on such property will be submitted to the city planning commission for their review, consideration, and applicability of flood construction standards (see YMC 18.50.060 and 18.50.070). (Ord. 429 §1(2.3.040(D)), 2018).
18.35.330 Standards.
(1) In a G-IND zone the C-l standards shall apply. (The word “industrial” shall be substituted wherever the word “commercial” appears.)
(2) Provisions of Chapters 18.35, 18.50 and 18.65 YMC shall apply to the G-IND zone. (Ord. 429 §1(2.3.040(E)), 2018).
18.35.340 Intent.
To maintain recognized historic areas and preserve their character. (Ord. 429 §1(2.3.050(A)), 2018).
18.35.350 Designations.
Areas, sites, structures or objects eligible for this designation must have local, regional, statewide or national historic significance. (Ord. 429 §1(2.3.050(B)), 2018).
18.35.360 Procedure.
(1) No building or structure on a site which is designated special historic overlay shall be erected, altered, demolished, moved, or deleted from this designation without first obtaining specific approval of the planning commission. Review shall include uses, buildings, site layout, signs, and exteriors of all buildings.
(2) The planning commission at a public hearing may approve, approve with conditions or deny the proposed action. Such decision by the commission shall take effect no later than 15 days from the date of the hearing and shall be conveyed to the applicant in writing.
(3) An action or ruling of the planning commission pursuant to this section may be appealed to the city council within 10 days after the planning commission has rendered its decision. Written notice of the appeal shall be filed with the city recorder. If the appeal is not filed within the 10-day period, the decision of the planning commission shall be final.
(4) If the appeal is filed, the city council shall receive a report and recommendation thereon from the planning commission and shall hold a public hearing on the appeal. (Ord. 429 §1(2.3.050(C)), 2018).
18.35.370 Criteria.
In reviewing such proposals, the following shall be the basis by which the proposal is evaluated:
(1) Compatibility of the proposed alterations or uses with the nature of the historic site and surrounding area.
(2) Degree of retention of the distinguishing qualities of the site or building.
(3) Maintaining architectural features by repairing existing features or replacing with similar features. (Ord. 429 §1(2.3.050(D)), 2018).
18.35.380 Ordinary maintenance or repair.
Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature which does not involve a change in design, construction, reconstruction or alteration of such feature which the building inspector shall certify is required by the public safety because of an unsafe condition. (Ord. 429 §1(2.3.050(E)), 2018).
18.35.390 Hardship.
The review process shall not impose upon any property owner peculiar or undue hardship nor prevent the removal or demolition of any structure which cannot be economically maintained or restored, giving due consideration to all potential uses to which the same might reasonably be put upon restoration by a private property owner. (Ord. 429 §1(2.3.050(F)), 2018).
