The purpose of the Townhouse P.U.D. is to permit the application of new technology and greater freedom in design in land development than may be possible under a strict interpretation of the provisions of this title to allow for different ownership patterns by allowing townhouses in certain zones subject to specific development standards, to regulate the development of townhouses, and to outline specific development criteria and design parameters to protect public health, safety, and welfare. The use of these provisions is dependent upon the submission of an acceptable plan and satisfactory assurance it will be carried out. Such plan should accomplish substantially the same objectives as are proposed by the comprehensive plan for the area.
(Chapter Added by Ord. 302, 2011)
"Parent lot"
means the legal lot or lots in existence prior to the townhouse planned unit development.
"Townhouse"
means a residential building having a minimum of two accesses to the outside, which is detached from any other building or separated from any other building by one or more common walls, and which has its own underlying townhouse lot. A building may contain not more than two residential units in the form of stacked flats provided that the upper residential unit shall at all times be owned by the same owner as both the lower residential unit and the townhouse lot on which it is situated.
"Townhouse lot"
means the underlying real estate associated with a townhouse.
(Chapter Added by Ord. 302, 2011)
A. 
In the case of a townhouse planned unit development the regulations contained in this chapter and the underlying zoning district may, if necessary, be modified as they apply to streets, blocks and lots, lot area, lot width, lot depth, lot coverage, building setbacks, and parking when adequate access to major thoroughfares, adequate light and air circulation, recreational areas, and open space are provided.
B. 
A townhouse planned unit development may be established in the R-2, R-3, and R-4 residential zones and the C-1 Retail Commercial zone.
C. 
A townhouse planned unit development may include any uses permitted outright or conditionally in the zone in which it occurs.
D. 
Requirements pertaining to density shall be guided by the standards of the zone in which the townhouse planned unit development is proposed, i.e. the maximum number of townhouse dwelling units shall not exceed that allowed by the underlying zone.
E. 
Requirements pertaining to parking shall also be guided by the standards of the underlying zone. Those requirements may be modified in minor ways such as rounding down rather than rounding up in calculation of parking spaces and allowing the spaces to be less than the current parking space dimension required in the Code for the underlying zone.
F. 
No building shall exceed a height of 30 feet except:
1. 
That the height increase can be justified on the basis of unique lot characteristics, topographical conditions or other natural features; and/or
2. 
That the height increase can be justified on the basis of amenities provided or concessions made by the developer for which some bonus incentive is warranted.
G. 
The lot coverage for individual lots may exceed the maximum lot coverage of the underlying zone. The maximum lot coverage of the parent lot may not exceed the maximum lot coverage allowed in the underlying zone.
H. 
All electric and telephone facilities, fire alarm conduits, street light wiring, and other wiring, conduits and similar facilities shall be placed underground by the developer unless waived by the Planning Commission.
I. 
The Planning Commission or City Council may require easements necessary for orderly extension of public utilities to future adjacent developments.
J. 
If there are lands and structures not dedicated to the public but reserved for use by owners or tenants and their guests those lands and/or structures must be subject to an association of owners or tenants created to form a nonprofit corporation under the laws of the State of Oregon. The association shall be formed and continued for the purpose of maintaining such common areas and structures.
K. 
Developments shall provide for safe, well-marked pedestrian ways that do not conflict with vehicular traffic.
(Chapter Added by Ord. 302, 2011; Ord. 308, Amended, 12-08-11)
A. 
Preliminary Plan Application. An applicant shall submit at least five copies of a preliminary plan of a townhouse planned unit development to the Planning Commission for study at least 30 days prior to the Planning Commission meeting at which it will be discussed. The preliminary plan shall include the following data:
1. 
The name, address and phone number of the land owner, partitioner and engineer or surveyor;
2. 
The tax lot number and the section, township and range in which the property is located;
3. 
The date, north point and scale of the drawing;
4. 
A vicinity sketch showing the location of the Townhouse P.U.D. in relation to known landmarks in the City;
5. 
The approximate location and dimensions of all proposed boundary lines;
6. 
Approximate area of the property being subdivided and each parcel;
7. 
Name, location and width of all existing and proposed roads, rights-of-way and easements;
8. 
Existing zoning of the property;
9. 
Existing and proposed uses of the property;
10. 
Approximate location and use of all existing structures to remain on site. Indicate those to be removed;
11. 
Any limitations to development; e.g., topography, areas subject to flooding, geologic hazards, drainage channels on property, etc. In areas of 12% or greater slope, a geological report shall be submitted, in accordance with provisions of Section 9.52.050;
12. 
Proposed use, location, dimensions, height and type of construction of all buildings. Proposed number of dwelling units, if any, to be located in each building;
13. 
Proposed circulation pattern including the location, width and surfacing of streets, private drives, and sidewalks; the location of any curbs; the status of street ownership; and the location of parking areas and the number of spaces therein;
14. 
Proposed use of all open spaces including a plan for landscaping;
15. 
Proposed grading and drainage pattern;
16. 
Proposed method and plan for provision of water supply, sewage disposal, and electrical facilities; plan.
17. 
Relationship of the proposed development to the surrounding area and to the comprehensive
B. 
Review of Preliminary Plan by Other Departments. Within five days after the Townhouse P.U.D. application is submitted and prior to consideration of the preliminary plan by the Planning Commission, the City Recorder shall distribute copies of the preliminary plan to the Yachats Public Works Department; Yachats Rural Fire Protection District; Oregon Department of Transportation, if the proposed development is within 1,000 feet of a state highway; and to any other appropriate federal, state or local agencies. Officials of these agencies shall be given at least 10 days to review the plan, suggest revisions, and return the plans to the Planning Commission.
C. 
Approval of Preliminary Plan.
1. 
When all comments and recommendations from appropriate agencies or departments have been received or within 45 days after receiving the application as provided for in this title, whichever date shall occur first, the City staff shall place the preliminary plan on the agenda of the next scheduled meeting of the Planning Commission and notify the applicant of the meeting date and time. Following consideration of the preliminary plan, the replies from the other agencies and departments and such other testimony offered, the Planning Commission shall schedule a hearing within 45 days. At the conclusion of the hearing, the Planning Commission shall approve, conditionally approve, disapprove for cause or, when further information is required, postpone a decision on the preliminary plan. Unless appealed, the decision of the Planning Commission shall become effective on the fifteenth day after rendered. The approval or conditional approval is valid for two years from the effective date of that approval.
2. 
If the preliminary plan for the townhouse planned unit development is approved, the Planning Commission (or City Council in the case of appeal) may attach conditions it finds necessary to carry out the purpose of this title. These conditions may include, but are not limited to, the following:
a. 
Increasing the required setbacks;
b. 
Limiting the height of buildings;
c. 
Controlling the location and number of vehicular access points;
d. 
Establishing new streets, increasing the right-of-way or roadway width of existing streets, requiring curbs and sidewalks, and, in general, improving the traffic circulation, in accordance with recommendations given by the Yachats department of public works and/or the public works and streets commission, and the Yachats Rural Fire Protection District;
e. 
Increasing the number of parking spaces and improving design standards for parking areas;
f. 
Limiting the number, size, location and lighting of signs;
g. 
Designating sites for open space and recreational development, and, in general, improving landscaping requirements;
h. 
Requiring additional view-obscuring screening or fencing;
i. 
Requiring appropriate contractual agreement with the county or with special districts to assure development of streets, curbs, gutters, sidewalks, and all utilities to acceptable standards.
D. 
Approval of Final Plan.
1. 
Within three years after the approval of the preliminary plan, a map of the Townhouse P.U.D. may be submitted to the Planning Commission for approval. The map shall be a survey of the P.U.D. or a photographic copy thereof. Maps shall be in substantial conformity to the approved preliminary plan and conditions of approval.
2. 
In addition to the information as required on the preliminary plan the following information shall be provided:
a. 
Accurate legal description of all parcels and roads;
b. 
The deed dedicating to the public all common improvements, including, but not limited to, streets and roads, the donation of which was made a condition of approval of the preliminary plan for the Townhouse P.U.D.;
c. 
A copy of all protective deed restrictions;
d. 
Street and drainage construction plans;
e. 
The certification regarding the availability of water and sewerage services as provided in Section 9.60.040;
f. 
The location of the approved site for the septic system if applicable.
g. 
Within thirty days of the receipt of a Townhouse P.U.D. map as provided in this title, the City staff shall refer the map to the Planning Commission for a decision. The applicant shall be notified in writing of the time and place of the Planning Commission meeting. Unless appealed, the decision shall become effective on the 15th day after rendered. When the approval becomes effective, the City Recorder shall endorse his or her approval on the map. The map shall then be recorded in the offices of the county clerk, with a copy of the certified map retained by the City. Approval of the submitted map shall be considered as final when properly endorsed and recorded.
(Chapter Added by Ord. 302, 2011)
A. 
Building Permits.
1. 
Building permits for all or any portion of a Townhouse P.U.D. shall be issued on the basis of the approved plan. An application for a building permit shall be preceded or accompanied by submission of any required bonds or deeds for public dedication or contractual agreements for development of public facilities.
2. 
If no building permits have been issued within two years of the date of final approval of the Townhouse P.U.D. approval shall be terminated automatically unless a request to extend the time limit is approved by the City Council.
B. 
Abandonment. Upon abandonment of a particular development authorized under this section, or if the development has not been substantially completed within five years from the date of its final approval, the City Council may determine that the granting of approval shall be nullified.
C. 
Parks and Open Spaces. The Planning Commission may require the developer to provide up to 5% of the Townhouse P.U.D. area for park and recreation purposes. These areas shall be of a design and location acceptable to the Planning Commission, based on the suitability of the area for park and recreation purposes.
D. 
Partial Development. If a proposed Townhouse P.U.D. area includes only part of a tract owned by the subdivider, the Planning Commission may require a sketch of the tentative layout of streets in the remainder of that tract.
E. 
Duplication of Names. The name of a tentative plan must not duplicate the name used in any other legally recorded P.U.D. in Lincoln County, except for the words "town," "city," "place," "court," "addition" or similar words, unless the land platted is contiguous to and platted by the same party that platted the P.U.D. bearing that name, or unless the party files and records the consent of the party that platted the P.U.D. bearing that name. All plats must continue the block numbers of the plat of the same name last filed.
F. 
Water. All lots in the Townhouse P.U.D. shall be served by a public water system. No plat or map of a Townhouse P.U.D. shall be approved unless the City has received and accepted a certification by the City water superintendent that water will be available from the nearest point of supply.
G. 
Sewer. No plat or map of a Townhouse P.U.D. shall be approved unless the City has received and accepted:
1. 
A certification by the City sewer superintendent that sewage service will be available at the nearest point of collection.
2. 
Where sewerage service is not available, the Department of Environmental Quality or county health department shall approve the proposed use of the land for the Townhouse P.U.D. A statement that public sewerage service is not available and that the proposed method of sewage disposal has been approved will be provided to the purchaser of each lot or parcel in the proposed Townhouse P.U.D. A copy of any such statement signed by the developer and endorsed by the Planning Commission chair shall be filed by the developer with the real estate commissioner.
H. 
Power. All lots in a Townhouse P.U.D. shall be served by power (electricity). No plat of a Townhouse P.U.D. shall be approved unless the City has received and accepted a certification by the Central Lincoln PUD that power will be available from the nearest point of supply to every lot or parcel depicted in the proposed Townhouse P.U.D.
I. 
Appeals. See Section 9.88.120.
(Chapter Added by Ord. 302, 2011)