Ordinance 425

ORDINANCE NO. O-425

AN ORDINANCE ADOPTING CHAPTER 10.22 RLC - RESIDENTIAL LIMITED COMMERCIAL ZONE, OF TITLE 10, PLANNING AND LAND USE, OF THE YAMHILL MUNICIPAL CODE; ADOPTING RULES AND REGULATIONS TO BE OBSERVED AND ENFORCED WITHIN ZONE, AND DECLARING AN EMERGENCY.

THE CITY OF YAMHILL ORDAINS AS FOLLOWS:

SECTION 1. There is hereby added to the Yamhill Municipal Code, Title 10 Planning and Land Use, Chapter 10.22 RLC - Residential Limited Commercial Zone, which is to read as follows:

Sections:

10.22.010 Purpose

10.22.020 Use

10.22.030 Conditional Uses

10.22.040 Limitations on Use

10.22.050 Height

10.22.060 Yard Requirements

10.22.070 Lot Size, Width, and Depth

10.22.080 Signs

10.22.010 Purpose. The purpose of the RLC Zone is to permit the integration of limited commercial activities and multi-family dwellings through the Conditional Use process within and adjacent to single family and two-family residential areas. (Ord. 10-8, §(part), 1992)

10.22.020 Use. Within an RLC Zone, no building, structure, or premises shall be used, arranged or designed to be used, erected, structurally altered, or enlarged except for one (1) or more of the following uses:

(A) Single-family dwelling including mobile homes, manufactures homes, or pre-fabricated homes meeting all lot size requirements of the zone and subject to the provisions of Section 10.44.040, (Design Standards for Mobile Homes, Manufactured Homes, or Pre-fabricated Homes on Individual Lots).

(B) Two-family dwellings.

(D) Gardens, orchards and crop cultivation, provided no stable or barn, cattle or other livestock or poultry is maintained in connection therewith, except as provided in the Conditional Use Section of this code, and provided no sales area or retail business is operated in connection therewith, and provided that all other applicable Ordinances are complied with, and provided further, in no instance shall goats or pigs be maintained on any lot within the City limit.

(E) Accessory uses and structures, subject to the requirements of Chapter 10.52:

1. Customary residential accessory building for private use, such as pergola, greenhouse, hot house, hobby shop, or hobby house, summer house, above ground pool, patio, enclosed or covered patio, woodshed, quarters for domestic animals maintained as pets of the residents. This shall not include livestock or poultry, except as provided in the Conditional Use Section of this code. In no instance shall goats or pigs be maintained on on any lot within the City limits.

2. Fall-out shelters.

3. Fences.

4. A private garage for not more than 3 motor vehicles for each single-family dwelling on the same lot with or within the dwelling to which it is accessory and in which no garage, business, or industry is conducted.

5. Storage for a commercial vehicle with a maximum of one (1) commercial vehicle per dwelling. No garage business, or industry shall be conducted on the property.

6. Guest house and guest quarters not in the main building provided such houses and quarters are and remain dependent upon the main building for either or both the kitchen and bathroom facilities and guest facilities are not used for residential purposes.

7. Swimming pools for private use that are built below grade requiring a building permit and subject to the requirements of Chapter 10.52.

(F) The taking of borders or leasing of rooms by a resident family, providing the total number of boarders and roomers does not exceed two (2) in any single-family dwelling, not more than four (4) in any legally established two-family dwelling. (Ord. 10-8, §(part), 1992)

10.22.030 Conditional Uses. When authorized under the procedure provided for conditional uses in this code, the following uses will be permitted in an RLC Zone:

(A) Semi-public, parochial and private buildings and structures:

1. Churches.

2. Community or neighborhood club buildings, swimming pools and other allied facilities when erected by a non-profit community club for the improvement of the zone or social recreation of the members.

(B) Miscellaneous uses:

1. Public, semi-public, parochial and privately operated kindergartens or day nurseries, provided the residential character of the building is unchanged.

(D) Multi-family units, subject to the provisions of Chapter 10.76 and 10.80.

(E) Boarding, lodging or rooming house and/or group care home, subject to the provisions of Chapter 10.76, and 10.80.

(F) Mobile home parks, subject to the provisions of Chapter 10.76, and 10.80.

(G) Conditional Home Occupation, subject to the provisions of Chapter 10.76, and 10.80.

(H) Boat, camper, equipment, and trailer storage area on a lot, subject to the provisions of Chapter 10.76, and 10.80.

(I) Livestock maintained on lots, subject to the provisions of Chapter 10.76, and 10.80.

(J) Public Facilities Zone including educational, municipal and public facilities.

(K) Right-of-way for: (Subject to provisions of Chapter 10.44, Underground Utility Installation)

1. Electric service lines

2. Gas mains

3. Communications lines

4. Water lines

5. Sewer lines; and

6. TV Cable lines

(L) Public Utility structures when they comply with all yard and setback requirements.

(M) Commercial uses, excluding the manufacturing, processing, or compounding of products:

1. Non-profit membership organizations.

2. Office uses.

3. Professional Office or clinic.

4. Beauty shop.

5. Restaurants, excluding drive-ins.

6. Retail uses (storage and sales inside). (Ord. 10-8, §(part), 1992)

10.22.040 Limitations on Use. In an RLC Zone, the following conditions shall apply for Commercial uses:

(A) For expansion of existing buildings and for new construction, a development plan shall be submitted to the Planning Commission for their approval. Such plan shall show the location of all existing and proposed buildings and structures, parking areas, drainage facilities, utility services, access points, lighting, signs, landscaping, and other such data as may have a bearing on the adjacent properties. In approving a development plan, the governing body may impose conditions relating to:

1. Size and location of signs;

2. Size, type, and location of outdoor lighting;

3. Landscaped area;

4. Screening;

5. Building setbacks;

6. Ingress, parking, vehicle storage, and egress for commercial uses;

7. Drainage and utility service.

Construction shall be in conformance to the plan approved by the Planning Commission to assure compatibility with adjacent residential properties.

(B) The uses shall not be objectionable in relationship to surrounding properties because of odor, dusty, smoke, cinders, fumes, noise, glare, heat, or vibrations or similar causes.

(D) Structure shall not exceed 5,000 square feet gross floor area.

(E) Use of activity shall not be conducted before 6:00 a.m. or after 10:00 p.m.

(F) Compliance with requirements of Chapter 10.56, Off-Street Parking and Loading, shall be the minimum required for the plan approval, the Planning Commission may impose more stringent requirements to preserve compatibility with adjacent residential properties. (Ord. 10-8, §(part), 1992)

10.22.050 Height. In an RLC Zone, no building or structure shall exceed 35 feet at its highest point from natural ground level or 2½ stories in height from natural ground level. (Ord. 10-8, §(part), 1992)

10.22.060 Yard Requirements. In an RLC Zone, each lot shall have yards of the following size unless provided in Section 10.48.050, General Exceptions to Yard Requirements:

(A) Rear Yards. There shall be a rear yard on every lot in an RLC Zone, which rear yard shall have a minimum depth of 20 feet. In the case of a corner lot, the minimum depth shall be 20 feet for a one (1) story building, 26 feet for a 2 or 2½ story building.

(B) Side yard. There shall be a side yard on each side of the main building on every lot in an RLC Zone in width of 7½ feet; however, any side yard provided adjacent to a street shall not be less than 20 feet.

(C) Front yard. Every building erected, constructed or altered in an RLC Zone shall have a front yard of not less than 20 feet. When by this ordinance or any other ordinance a greater setback or a front yard of greater depth is required than specified in this section, then such greater setback line or front yard depth shall apply. (Ord. 10-8, §(part), 1992)

10.22.070 Lot Size, Width, and Depth. In an RLC Zone, the minimum requirements for lot area shall be 6,000 square feet for each single family dwelling and/or commercial building and 8,000 square feet for each two-family dwelling. The width of a lot at the building line shall be not less than 50 feet, and the depth of a lot shall be not less than 90 feet. The width of a lot at the building line shall be not loess than 60 feet for each two-family dwelling. (Ord. 10-8, §(part), 1992)

10.22.080 Signs. In an RLC Zone the following types of signs are permitted:

(A) A sign not to exceed 12 square feet in area identifying the owner or occupant of the property on which it is located. Such sign may be indirectly illuminated.

(B) A non-illuminated temporary sign not to exceed 6 square feet in area concerning the lease, rental, or sale of a property.

(C) A non-illuminated sign not to exceed 48 square feet in area identifying subdivision and/or commercial use at the location of the sign.

(D) Signs may be located in a required front yard or required side yard adjacent to a street but shall not be located in or extend within the public right-of-way.

(E) No sign of any kind, including political campaign signs, shall be allowed in the clear vision zone of a lot. (Ord. 10-8, §(part), 1992)

SECTION 2. Emergency Clause. This Ordinance being necessary for the immediate preservation of the public peace, health and safety of the City of Yamhill, Oregon, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect immediately upon passage. The emergency being for the uniformity of reference by city personnel, as well as any applicant; uniformity as to citations into the Municipal Court; and due to the fact that the Yamhill Municipal Code is already in use.

INTRODUCED AND ADOPTED by the City of Yamhill Council and signed by me in authentication of its passage this 27th day of August , 1997.