The provisions of this title shall be construed to be the general requirements of the promotion of the public health, safety, and general welfare. When this title imposes a greater restriction upon the use of specific buildings or premises, or upon the height of specific buildings, or requires in specific instances, larger open spaces than appears to be necessary in the public interest as set forth in this title or required by other laws, rules or regulations, the provisions of this title pertaining to variances shall be applicable.
(Ord. 454 §2, 2000)
In interpreting and applying this title, the provisions herein shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare.
(Ord. 454 §2, 2000)
All street rights-of-way shall be not less than set forth below:
(A) 
Arterials, 80 feet.
(B) 
Collector streets and continuing residential streets, 60 feet, unless otherwise specified by the Planning Commission.
(C) 
Cul-de-sac, 50 feet radius, unless otherwise specified by the Planning Commission.
(Ord. 454 §2, 2000)
No building permit shall be issued for a building or structure on a lot which abuts a street dedicated to a portion only of its required width and is located on that side which has not yet been dedicated or condemned unless the yards provided on such lot include both that portion of the lot lying within the required street and the required yards. This provision shall not be construed as being in lieu of or waiving any subdivision or partitioning requirement of this or any other regulations.
(Ord. 454 §2, 2000)
(A) 
Every dwelling shall be situated on a lot having direct access by abutting on a public street or a driveway of required dimensions. Where a private driveway is used to serve dwellings it shall be of the following width:
(1) 
Serving one dwelling: 18 to 24 feet.
(2) 
Serving two dwellings: 24 to 30 feet.
When the number of lots served by the drive exceeds two, then the drive will be improved to street status consistent with Title 11 of this code.
(B) 
The property owner shall be responsible for providing adequate access to any street or roadway. The property owner shall contact the State Highway Department for standards regarding access onto any State highway. The property owner shall contact the Yamhill County Road Department for standards regarding access onto any County road. The property owner shall contact the Building Inspector regarding access onto any City street. No building permit shall be issued until provisions for appropriate and adequate access are made. Driveway width, in any case, shall not exceed the width as set forth herein.
(Ord. 454 §2, 2000; Ord. 523 §1, 2018)
The use of solar energy systems including solar collectors, storage facilities, and distribution components for space heating and cooling and domestic water heating is a permitted use within all zones, whether as a part of a structure or incidental to a group of structures nearby.
(A) 
Solar collectors and the equipment used for the mounting and operation of such collectors where necessary, may be elevated above the two and one-half story height limitation in residential zones. However, elevation of solar collectors shall not restrict solar access to adjacent properties.
(B) 
Chimneys, private communication transmission towers, private television and private radio antennas are all exempt from the structural height limitations of this title. Although exempted from structural height limitations, these structures should not significantly impair solar access of buildings or solar collector locations.
(Ord. 454 §2, 2000)
A property owner shall not modify or grade his/her property so as to direct runoff onto an adjacent property other than that which is naturally occurring along existing drainage-ways. Roof drainage shall be accommodated within the confines of the property and not directed onto another property. Roof drainage shall be directed out to the curb-line of the adjacent street whenever possible. Development plans submitted to the Building Inspector shall assure that proper site grading measures are taken whenever necessary to avoid excessive runoff or erosion.
(Ord. 454 §2, 2000)
(A) 
All new construction shall provide for underground utility installation, including, but not limited to, single-family dwellings, multifamily dwellings, commercial, public facilities, semi-public facilities, private facilities, parochial facilities, industrial facilities, and other uses permitted in this title.
(B) 
All damaged structures exceeding 50% of the fair market value as indicated by the records of the County Assessor shall provide for underground utility installation prior to issuance of a building permit.
(C) 
Upon replacement or relocation of a mobile home in accordance with this title, the owner shall provide for underground utility installation prior to issuance of a placement permit.
(D) 
All utility service companies shall plan for and implement a program for installation of underground facilities on any new, upgrading or replacement construction performed within the urban growth boundary of the City of Yamhill.
(Ord. 454 §2, 2000)
Upon receiving a land use application, the Planning Commission shall review the application to determine its conformance to the historical preservation policies of the City. Further, if it is determined that a land use action will result in the demolition of a structure on a designated historic site, the Planning Commission shall review the application taking into account the following:
(A) 
The state of repair of the building.
(B) 
The reasonableness of the cost of restoration or repair.
(C) 
The purpose of preserving such designated historical buildings and sites.
(D) 
The character of the neighborhood.
(E) 
All the other factors the Planning Commission feels appropriate.
(Ord. 454 §2, 2000)
If a designated historical building is to be demolished, the City shall keep a pictorial and graphic history of the historical building or site in so far as funds are available.
(Ord. 454 §2, 2000)
No development shall occur within a stream corridor area unless otherwise provided within this section.
(A) 
A stream corridor area shall apply within 50 feet of the top of the bank of Yamhill Creek and within 25 feet of the top of the bank of Rowland Creek.
(B) 
Development of properties adjoining stream corridors shall preserve the stream corridor area through one of the following means:
(1) 
Dedication to the City for park purposes, if acceptable to the Planning Commission and City Council.
(2) 
Creation of a tract of land to be owned in common by the owners of lots within the development. A non-profit home owners association shall be created, in a manner acceptable to the City Attorney, for the ownership and maintenance of such tracts. The tract shall be preserved in perpetuity as open space through the use of conservation easements, deed restrictions, or by appropriate notation on the face of a subdivision plat.
(3) 
Creation of a conservation easement within the stream corridor area serving to prohibit development and the removal of riparian vegetation.
(C) 
Development and/or removal of riparian vegetation may occur in conjunction with an application submitted and approved by the Division of State Lands and Corp of Engineers.
(Ord. 454 §2, 2000)
Any amendment of this title which amends, supplements or changes only the text hereof, shall be initiated by the governing body or by the Planning Commission by ordinance. Whenever an amendment is initiated by the governing body, the ordinance shall be referred to the Planning Commission for its recommendation.
(Ord. 454 §2, 2000)
When, in the administration of this title, there is doubt regarding the intent of the title, the City Recorder shall request an interpretation of the provision by the Planning Commission, who may issue an interpretation of the question if they have determined that such interpretation is within their power and is not a legislative act. Any interpretation of the title shall be based on the following:
(A) 
The purpose and intent of the title as applied to the particular section and question; and
(B) 
The opinion of the City Attorney or designated City Planner when requested by the Planning Commission.
(Ord. 454 §2, 2000)
Where uncertainty exists with respect to the boundaries on the various districts, as shown on the map accompanying and made a part of this title, the following rules shall apply:
(A) 
The district boundaries are either streets or alleys unless otherwise shown and where the districts designated on the map accompanying and made a part of this title are bounded approximately by street or alley lines, said street or alley shall be construed to be the boundary of such district.
(B) 
Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines, and where the districts designated on the map accompanying and made a part of this title are bounded approximately by lot lines said lot lines shall be construed to be the boundary of such districts unless said boundaries are otherwise indicated on the map.
(C) 
In un-subdivided property, the district boundary lines on the map accompanying and made a part of this title, shall be determined by use of the scale contained on such map.
(Ord. 454 §2, 2000)
The City Recorder, upon approval by the Planning Commission and Council, may permit in a zone any use not described in this title if the Recorder finds that the proposed use is in general keeping with the uses authorized in such zone or district.
(Ord. 454 §2, 2000)
(A) 
Any violation or infraction of this chapter will be punishable upon conviction as a violation in accordance with Chapter 1.36 of this code.
(B) 
The penalties imposed by this chapter are not exclusive and are in addition to any other remedies available under City ordinance or State statute.
(Ord. 445 §28, 1998; Ord. 454 §2, 2000)
If any section, paragraph, subdivisions, clause, sentence or provisions of this chapter shall be adjudged by any court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this chapter, except for that sentence, or provision immediately involved in the controversy in which such judgment or decree shall be rendered. It being the intent of the governing body to enact the remainder of this chapter notwithstanding the parts so declared unconstitutional or invalid. Should any section, paragraph, subdivision, clause, sentence or provision of this chapter be declared unreasonable or inapplicable to a particular use at any particular location, such declaration of judgment shall not affect, impair, invalidate, or nullify such section, paragraph, subdivision, clause, sentence, or provision as to any other premises or use.
(Ord. 454 §2, 2000)