Chapter 17.26
R-4 – HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT

Sections:

17.26.010    Description and purpose.

17.26.020    Permitted buildings and uses.

17.26.030    Buildings and uses permitted conditionally.

17.26.040    Yard regulations.

17.26.050    Building or structural height limitations.

17.26.060    Lot regulations.

17.26.070    Parking requirements.

17.26.080    Fences and walls.

17.26.010 Description and purpose.

The R-4 high density multiple-family residential district is intended to create, preserve and enhance areas for standard and modular construction, urban, high density, multiple-family residential use. These areas shall be located as residential areas or neighborhoods to provide for those persons desiring mid-rise multiple-family living densities of one living unit for every 2,400 square feet of land, and under certain conditions high-rise multiple-family living densities of one living unit for every 2,400 square feet. The size of the district is to be less than three acres in size. To be consistent with sound planning practice, these districts will primarily be adjacent to other residential districts and commercial districts, in locations close to planned or existing shopping, schools, services and transportation facilities. [Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (3.070), 1980].

17.26.020 Permitted buildings and uses.

A. Triplexes or three-family dwellings.

B. Fourplexes or four-family dwellings.

C. Garden or court apartments.

D. Multiple-family dwelling units, developed to the density standards of this chapter.

E. Mid-rise apartments (over two and one-half stories or 25 feet or less than four and one-half stories or 45 feet).

F. Additions to existing single-family dwellings.

G. Home occupations subject to the provisions of EPMC 17.52.100. [Ord. 9-114 § 3, 1994; Ord. 9-101 § 2, 1991; Ord. 9-98 § 1 (Exh. 1), 1991;Ord. ZN/CH-86-7 § 1 (Exh. A § 3.071), 1986].

17.26.030 Buildings and uses permitted conditionally.

The planning commission may grant a conditional use permit in accordance with the standards and procedure set forth in Chapter 17.84 EPMC for such other buildings or uses as the commission determines to be in keeping with the district’s purposes. Such other uses shall not have any different or more detrimental effect upon the adjoining neighborhood areas or zones than such specifically permitted uses. In addition, the following conditional uses are specifically authorized:

A. Churches, except rescue missions or temporary revivals with the following special yard requirements: side and rear yards have a minimum width of 20 feet. Note: a dedicated adjacent alley may be included in the 20 feet.

B. Hospitals with the following special yard requirements:

1. Front yards of at least 30 feet.

2. Rear and side yards of at least 50 feet.

C. Group care facilities.

D. Day nurseries, kindergartens, and child care facilities on sites at least 10,000 square feet with the following special yard requirements: a completely enclosed exterior play yard, set back not less than 70 feet from the front property line with an area of not less than 50 square feet per child. The enclosed play yard is to be set back a minimum of 20 feet from any adjoining properties zoned for residential use. A solid fence or hedge at least six feet, but not more than eight feet, in height on or adjacent to the property line except on that portion of the lot within 70 feet of the front property line. Adequate off-street parking shall be provided. The applicant for this use shall provide a complete copy of the applicant’s application for state certification of the facility.

E. Schools (public and private, primary, elementary, junior high, high schools and colleges) subject to the following conditions:

1. Dedication and improvement of public streets.

2. Conveyance or dedication of public utility easements as determined by the city of Eagle Point.

3. Fire trucks and emergency vehicle access.

4. Fire hydrants as approved by the city of Eagle Point.

F. Cemeteries.

G. Planned developments subject to the planned development procedures set forth in Chapter 17.76 EPMC.

H. High-rise (over four and one-half stories or 45 feet) residential structures or apartments.

I. Auditoriums.

J. Bus and passenger terminals.

K. Clubs, lodges and meeting halls.

L. Hospitals or clinics with the following special yard requirements:

1. Front yards of at least 20 feet.

2. Rear and side yards of at least 30 feet.

M. Restaurants.

N. Townhouses. [Ord. 9-98 § 1 (Exh. 1), 1991; Ord. ZN/CH-86-7 § 1 (Exh. A § 3.072), 1986].

17.26.040 Yard regulations.

In the R-4 district, each lot shall have yards of not less than the following size unless otherwise provided for in Chapter 17.52, 17.56 or 17.60 EPMC:

A. Front yard setback: 15 feet. Exception: garages and carports taking access off the front of the property shall be set back 20 feet.

B. Interior side yard setback: five feet.

C. Alley side yard setback: five feet.

D. Street side yard setback: 10 feet.

E. Rear yard setback: 10 feet. Exception: when adjacent to an R-1 district, the rear yard setback shall be 10 feet per story.

F. Swimming pools shall conform to dwelling setback requirements.

G. Special Yard Provisions.

1. Yard Conditions. Except as provided in this chapter, every required yard shall be open and unobstructed. No yard or open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard of open space for any other building, and no yard or open space on any adjoining property shall be considered as providing a yard or open space of a building site whereon a building is to be erected.

2. Modification of Side Yard Requirement on Combined Lots. When the common boundary line separating two or more contiguous lots is covered by a building or permitted group of buildings, such lots shall constitute a single building site, and the yard spaces as required by this chapter shall then not apply to such common boundary lines.

3. Yard Requirements for Property Abutting Future Street Right-of-Way.

a. A building or structure shall not be erected on a lot which abuts a street having a portion of its required width dedicated, unless the yards provided and maintained in connection with such building or structure have a width and/or depth of that portion of the lot needed to complete the city’s established road width plus the width and/or depth of the yards required on the lot by this title. (See Chapter 17.56 EPMC.)

b. Where a precise plan adopted pursuant to law (see Chapter 17.56 EPMC) includes the plans for the widening of existing streets, the connecting of existing streets, or the establishment of new streets, the placement of buildings and the maintenance of yards, where required by this title, shall relate to the future street boundaries as determined by said precise plan.

4. Vision Clearance on Corner Lots. All corner lots subject to yard requirements shall maintain for safety vision purposes a triangular area, one angle of which shall be formed by the lot front and side lines separating the lot from the streets, and the sides of such triangle forming the corner angle shall each be 15 feet in length, measured from the aforementioned angle. The third side of said triangle shall be the straight line connecting the last two points which are 15 feet in distance from the intersection of the front and side lot lines. No screen or other physical obstruction higher than three and one-half feet above the established top of the curb shall be permitted within said triangle. (See Figure 17-7.)

5. Permitted Intrusions into Required Yards. The following intrusions may project into any yard, but in no case shall such intrusion extend more than 18 inches into such required yard except as provided below; and provided further, that such extension does not reduce any remaining side yard to a width less than three feet.

a. Projections listed in EPMC 17.52.180.

b. Fireplace structures not wider than eight feet measured in the general direction of the wall of which it is a part.

c. Stairways, balconies and fire escapes.

d. Uncovered porches and platforms which do not extend above the floor level of the first floor.

e. Planting boxes or masonry planters not exceeding three and one-half feet in height.

f. Guard railings for safety protection around ramps. [Ord. 9-62A § 1, 1982; Ord. 9-55 § 1 (Exh. A §§ 5, 8, 9), 1981; Ord. 9-52 § 1 (3.073), 1980].

17.26.050 Building or structural height limitations.

In the R-4 district, the maximum building or structural height of the main building shall be four and one-half stories or 45 feet, whichever is the lesser, except high-rise residential structures or apartments. High-rise residential structures’ or apartments’ maximum building height shall be seven and one-half stories or 80 feet, whichever is the lesser. Structures on land adjacent to an R-1 district shall be limited to a maximum height of two and one-half stories or 25 feet. Accessory buildings in the R-4 district are limited to one and one-half stories or 15 feet, whichever is the lesser. [Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (3.074), 1980].

17.26.060 Lot regulations.

A. Area and Dimensions. In the R-4 district, the minimum lot area shall be 7,200 square feet or 2,400 square feet per dwelling unit for mid-rise areas. In the high-rise designated areas, the minimum lot area shall be 7,200 square feet. The lot shall have a minimum width of:

1. Interior lots: 80 feet;

2. Corner lots: 90 feet;

3. Flag lots: 60 feet.

The lot shall have a minimum depth of 90 feet.

B. Coverage and Density Requirements. In the R-4 district, the maximum coverage of the lot by all structures shall not exceed 50 percent of the lot area. Patio structures which are open in use and swimming pools not structurally covered shall not be counted as a structure in determining lot coverage. Open space shall cover a minimum of 30 percent of the total lot area.

In the R-4 district, the minimum lot area shall be 2,400 square feet per dwelling unit for all residential structures or apartments. [Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (3.075), 1980].

17.26.070 Parking requirements.

In the R-4 district, off-street parking spaces are required for each structure based on the type of use or numbers of bedrooms in each dwelling unit. See Chapter 17.72 EPMC for additional detailed information concerning parking space requirements. [Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (3.076), 1980].

17.26.080 Fences and walls.

In the R-4 district, fences and walls shall not exceed three and one-half feet in height above the sidewalk grade, within the front yard or street side yard setback area. Vision clearance shall be required on all corner lots. On an interior lot, a wall, fence or hedge not more than eight feet in height may be located anywhere on the lot to the rear of the required front yard or street side yard setback line. All fences, walls, and hedges shall be properly constructed, maintained, trimmed and kept in good condition and repair.

The provisions of this section shall not apply to fences required to surround and enclose public utility installations or to chain link fences enclosing school grounds and public playgrounds.

Retaining walls protecting a cut or fill, and located on a line separating lots, may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location, if no retaining wall existed. [Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (3.077), 1980].