Chapter 17.28
MULTIPLE-FAMILY RESIDENTIAL (R-3) DISTRICT

Sections:

17.28.010    Purpose.

17.28.020    Permitted uses.

17.28.030    Accessory uses.

17.28.040    Conditional uses.

17.28.050    Minimum lot area and dwelling density.

17.28.060    Lot width, lot coverage and yard requirements.

17.28.070    Maximum building height.

17.28.080    Signs.

17.28.090    Parking.

17.28.100    Manufactured housing siting requirements.

17.28.110    Other required conditions.

17.28.010 Purpose.

This district is designed to provide an environment suitable for higher density urban residential uses. The R-3 district is intended for residential uses, community services and appropriate professional business and service offices. [Ord. 08-O-614 § 2; Ord. 08-O-613 § 2; Ord. 89-O-446 § 1.]

17.28.020 Permitted uses.

The following uses are permitted:

A. Two-family dwellings or duplexes. Dwelling must have a garage or carport for each dwelling unit constructed of like materials;

B. Multiple-family dwellings and apartment houses;

C. Single-family dwellings, provided the building permit applicant or the applicant’s spouse, parent, child or sibling purchased the property prior to August 13, 1998. Dwelling must have a garage or carport constructed of like materials. A single-family dwelling may include a manufactured home as defined by ORS 446.003, and subject to BMC 17.28.100;

D. Existing single-family dwellings. [Ord. 09-O-633 § 2; Ord. 08-O-614 § 2; Ord. 98-O-446.CC § 2; Ord. 94-O-446.T § 5; Ord. 89-O-446 § 1.]

17.28.030 Accessory uses.

The following accessory uses are permitted:

A. Home occupations, subject to the provisions of Chapter 17.104 BMC;

B. Other accessory uses and accessory buildings and structures, such as noncommercial greenhouses, customarily appurtenant to a permitted use;

C. Boats, trailers, pick-up campers, motor homes and similar equipment may be stored, but not occupied, except as provided for temporary sleeping purposes in BMC 8.15.087, on a lot in an “R” district; provided, that:

1. Parking and storage shall be at least five feet from the front property line and at least three feet from a street and interior side or rear lot line; except, however, no storage shall be allowed within 20 feet of the corner along both property lines at a street corner;

2. All areas used for storage of such vehicle/equipment shall be paved or a graveled hard surface. [Ord. 08-O-614 § 2; Ord. 89-O-446 § 1.]

17.28.040 Conditional uses.

The following conditional uses may be permitted subject to a conditional use permit:

A. Recreation uses and facilities, including country clubs, golf courses, and swimming clubs, but not including such intensive commercial recreation uses as a golf driving range, race track or amusement park;

B. Churches, subject to BMC 17.124.100;

C. Off-street parking lots when contiguous to a less restrictive zoning district, subject to the provisions of Chapter 17.92 BMC;

D. Hospitals, and rest, nursing and convalescent homes, subject to BMC 17.124.100;

E. Public and private schools but not including a business, dancing, trade, technical or similar school, subject to BMC 17.124.011;

F. Nursery schools and day care facilities, subject to BMC 17.124.010;

G. Governmental structures or uses including parks and recreation facilities, fire stations, libraries, museums, but not including storage or repair yards, warehouses or similar uses;

H. Cemeteries, mortuaries, crematories, mausoleums, and columbariums, subject to BMC 17.124.090;

I. Riding academies and public stables, subject to BMC 17.124.070;

J. Excavation and removal of sand, gravel, stone, soil or other earth products, subject to BMC 17.124.020 (commercial excavation);

K. Public and quasi-public halls, lodges and clubs, subject to BMC 17.124.120;

L. Planned unit developments, subject to provisions of Chapter 17.116 BMC;

M. Utility substations or pumping stations, subject to BMC 17.124.030;

N. Bed and breakfast facilities, subject to the provisions of BMC 17.124.140;

O. Professional business and service offices;

P. Signs appurtenant to any conditional use and which do not comply with BMC 17.28.080;

Q. Poultry farms and eggeries, subject to the provisions of BMC 17.124.040;

R. Temporary living quarters for caretakers, subject to the provisions of BMC 17.124.200;

S. Amateur radio facilities, accessory to a dwelling, subject to the provisions of BMC 17.124.230;

T. Benevolent meal services, as a primary use or in combination with another use permitted outright or conditionally, subject to BMC 17.124.050. [Ord. 22-O-802 § 2 (Exh. A); Ord. 21-O-795 § 2 (Exh. A); Ord. 16-O-752 § 3; Ord. 08-O-614 § 2; Ord. 01-O-446.MM; Ord. 95-O-446.Y § 2; Ord. 93-O-446.L § 4; Ord. 89-O-446 § 1.]

17.28.050 Minimum lot area and dwelling density.

The minimum lot area shall be 6,000 square feet for the first two dwelling units and for each additional dwelling unit, the lot area shall be increased by 1,500 square feet. [Ord. 08-O-614 § 2; Ord. 89-O-446 § 1.]

17.28.060 Lot width, lot coverage and yard requirements.

Lot Width

Front Yard

Side Yard

Rear Yard

Maximum Lot Coverage

60'

10'

5'*

5'*

45%

*    Provided, that the side yards and rear yards shall be increased by one-half foot for each foot by which the average building height exceeds 15 feet.

*    Provided, that on an existing structure, proposed additional stories must meet the setbacks for the height of the structure.

Provided, however, that side yards abutting a street shall be a minimum of 10 feet in width; and

A. Rear lots (flag lots) created pursuant to BMC 17.172.061 have setback requirements of 10 feet from all property lines. Any irregularly shaped parcel with minimal street frontage is also subject to the 10-foot setback from all property lines.

B. Special yards and distances between buildings shall be provided as follows:

1. An inner courtyard providing access to double-row dwelling units shall be a minimum of 20 feet in width;

2. Except for single-family dwellings on one lot, the minimum distance between residential buildings shall be twice the minimum side yard setback that would be required for the tallest building on the lot; provided, however, that in no case shall the distance be less than 10 feet. [Ord. 10-O-659 § 2; Ord. 08-O-614 § 2; Ord. 03-O-446.SS; Ord. 95-O-446.X § 5; Ord. 89-O-446 § 1.]

17.28.070 Maximum building height.

No structure shall be over 40 feet in height, except as provided in BMC 17.124.030 or 17.128.020. [Ord. 08-O-614 § 2; Ord. 98-O-446.DD § 6; Ord. 89-O-446 § 1.]

17.28.080 Signs.

Signs shall be permitted in accordance with Chapter 17.88 BMC. [Ord. 08-O-614 § 2; Ord. 89-O-446 § 1.]

17.28.090 Parking.

Off-street parking shall be provided in accordance with Chapter 17.92 BMC. [Ord. 08-O-614 § 2; Ord. 89-O-446 § 1.]

17.28.100 Manufactured housing siting requirements.

A. The manufactured home shall be multisectional and enclose a space of not less than 1,000 square feet.

B. The manufactured home shall be placed on a foundation that complies with the State of Oregon Manufactured Dwelling and Parks Specialty Code, Section 3-8.3, and skirted with masonry block or poured concrete.

C. The manufactured home shall have a pitched roof, except that no standard shall require a slope of greater than a nominal three feet in height for each 12 feet in width.

D. The manufactured home shall have exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the local permit approval authority.

E. The manufactured home shall have a garage or carport constructed of like materials. [Ord. 11-O-677 § 2; Ord. 10-O-655 § 2; Ord. 08-O-614 § 2; Ord. 94-O-446.T § 5; Ord. 89-O-446 § 1.]

17.28.110 Other required conditions.

A. Site plan approval required as provided in Chapter 17.80 BMC.

B. No residential structure shall be located within the ocean coastal shorelands boundary nor the Chetco Estuary shorelands boundary as defined in the comprehensive plan.

C. Prior to any development activity on the property, the applicant must comply with BMC 17.100.030, General mitigation.

D. For multifamily dwellings, an area equal to at least 15 percent of the site area, inclusive of required setback yards, shall be devoted to usable open space recreation areas. This area must be cleared of brush or obstructions and not used for temporary or regular parking or vehicles.

E. If commercial dumpsters are to be used, they shall be appropriately screened. [Ord. 08-O-614 § 2; Ord. 89-O-446 § 1.]