Chapter 50 COMMUNITY DEVELOPMENT CODE

Article 50.00 Appendix to Community Development Code.

Section 50.00.000 Preface - Appendix.

    The Community Development Code Appendix includes all amendments codified through Ordinance 2527 effective May 21, 2009.
    The Community Development Appendix has also been converted into Adobe Acrobat PDF format and can be viewed on the city's website by clicking the menu for "Forms & Documents", Community Development Code located at http://www.ci.oswego.or.us.

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Article 50.01 Title, Purpose and Authority.

Section 50.01.005 Title.

    This chapter may be referred to as "the Community Development Code of the City of Lake Oswego" and is referred to herein as "this Code".


(Ord. No. 2316, Added, 03/05/2002)

Section 50.01.010 Purpose.

    This Code has been drafted in accordance with the policies set forth in the Comprehensive Plan for the City of Lake Oswego. It is the general purpose of this Code, therefore, to provide the principal means for the implementation of the Comprehensive Plan.  To fulfill this general purpose this Code is intended to:
    1.    Protect and promote the public health, safety, convenience and general welfare;
    2.    Guide future land uses, growth and development in accordance with the Comprehensive Plan;
    3.    Provide for review of those uses determined to carry the potential for adverse impact on surrounding uses;
    4.    Assure prompt review of development applications for compliance with this Code’s requirements, and the application of clear and specific standards;
    5.    Provide for public review and comment on development proposals which may have a significant impact on the community;
    6.    Guide public and private policy and action to assure provision of adequate water, sewerage, transportation, drainage, parks, open space and other public facilities and services for each development and to implement Comprehensive Plan policies concerning the distribution of costs of public facilities and services required to serve development, and coordinate the timing of development with the provision of adequate public facilities and services;
    7.    Provide the opportunity for a mixture of housing types which meet the needs of the City residents;
    8.    Establish procedures, standards, and review of uses assuring that the design of site improvements and building improvements are consistent with applicable standards and minimize adverse impacts on surrounding land uses, and yet allow for and encourage flexibility in the design and layout of site improvements and buildings, and innovation in design and construction;
    9.    Provide for review and approval of the relationship between land uses and traffic circulation in order to minimize congestion, with particular emphasis on not exceeding the planned capacity of residential streets to carry projected traffic; to provide for safe pedestrian and bicycle circulation; to provide for the proper location of street rights-of-way, easement and building lines; to assure provision of adequate internal vehicle circulation; parking, loading and pedestrian walkways;
    10.    Minimize pollution and damage to waterways and Oswego Lake; to assure the adequacy of drainage facilities and to protect the natural character and functions of waterways;
    11.    Provide standards to regulate the impacts of development upon soils, trees and vegetation, distinctive areas and other natural features;
    12.    Assure reasonable safety from fire, flood, landslide, erosion or other natural hazards;
    13.    Provide opportunities for economic development of the City;
    14.    Protect the City's aesthetic beauty and character;
    15.    Promote the conservation of energy through site and building design and orientation; and
    16.    Protect historic buildings and sites.
    [Cross-Reference:  Note: From time to time, new state and federal laws, regulations, or court decisions are issued.  The reader is advised that federal or state law may be determined to supersede portions of this Community Development Code, either generally or as applied to a specific situation.]


(Ord. No. 2316, Added, 03/05/2002)

Section 50.01.015 Official Action.

    All officials, departments, employees, and Commissions of the City vested with authority to issue permits or grant approvals shall adhere to and require conformance with this Code, and shall issue no permit or grant approval for any development or use which violates or fails to comply with conditions or standards imposed to carry out this Code.
    Any permit or approval issued or granted in conflict with the provisions of this Code, whether intentional or otherwise, is void. It is the duty of the person receiving such permit to bring the structure or use subject to the permit into compliance with the terms of this Code immediately upon gaining knowledge that the permit is in conflict with the provisions of this Code.


(Ord. No. 2316, Added, 03/05/2002)

Section 50.01.020 Authority of City Manager.

    The City Manager shall have the authority to interpret, implement and enforce the requirements of this Code, subject to review by the hearing body and/or the City Council pursuant to this Code.  The City Manager may adopt administrative rules to aid in implementing this Code.


(Ord. No. 2316, Added, 03/05/2002)

Section 50.01.025 Development Permits Restricted for Unlawful Uses.

    No development permit shall be issued for a development or use of land in violation of this code, unless the violation is rectified as part of the development.


(Ord. No. 2316, Added, 03/05/2002)

Section 50.01.030 Development Restricted on Illegal Lot.

    1.    No development permit shall be issued for the development or use of an illegal lot unless the lot is made legal pursuant to the applicable requirements for creation of a lot in effect at the time of application. The applicant shall demonstrate conformance with applicable legal requirements. This restriction applies regardless of whether the applicant was responsible for creation of the illegal lot.
    2.    If an illegal lot cannot be made legal pursuant to subsection (1) of this section because it does not comply with lot area or dimensional requirements in effect at the time of application, an application for the creation of the lot shall be exempted from compliance from such lot area or dimensional requirements if the applicant demonstrates that the lot would have complied with lot area and dimensional requirements applicable at the time of creation.
    3.    If an illegal lot cannot be made legal pursuant to subsections (1) or (2) of this section because it does not comply with applicable lot area or dimensional requirements at the time of application and did not comply with applicable lot area or dimensional requirements at the time of creation, an application for the creation of the lot shall be exempted from compliance with such lot area and dimensional requirements if the applicant demonstrates that development that would be allowed by legal creation of the lot will not have a significant negative impact on the neighborhood in terms of scale, noise, traffic, parking, loss of privacy, obstruction of views, or buffers from existing properties. In determining the degree of impact, the City shall consider the consistency of potential development on a lot with the existing development pattern in the vicinity. The City may impose conditions on development of the lot in order to ensure that legalization of the lot does not have a significant negative impact on the neighborhood. Public notice of an application to legalize a lot pursuant to this subsection shall contain a map of the property illustrating the building envelope. If the lot proposed to be made legal pursuant to this subsection has a lot area or dimension which is less than 65 percent of the size or length required by the zone at the time of application, the application to create the legal parcel shall be referred to the Development Review Commission for public hearing.
    [Cross-Reference:  See LOC 50.79.020(2)(h) for minor partition process.]


(Ord. No. 2316, Added, 03/05/2002)

Article 50.02 Definitions.

Section 50.02.005 Definitions.

    For the purposes of this Code certain terms and words are defined as follows: the words "used for" include "designed for" and vice-versa; words used in the present tense include the future, the singular tense includes the plural and vice-versa; the word "shall" is always mandatory; the word "may" is discretionary; the masculine gender includes the feminine gender, except as otherwise provided. The following terms shall mean:
    100-Year Flood.  See LOC 50.44.012, "Flood, Base”.
    AASHTO.  American Association of State Highway and Transportation Officials.
    Abut.  Contiguous to; for example, two lots with a common property line. However, "abut" does not apply to buildings, uses, or properties separated by public right-of-way, rivers or canals.
    Abutting parcels.  Parcels of land that share a common boundary.
    Access.  The place, means or way by which pedestrians or vehicles have ingress to and/or egress from a lot or use.  [But see Access definition for purposes of Access Development Standard, LOC 50.57.010.]
    Accessory Building.  Any detached building the use of which is subordinate and consistent with that of the main building and which is consistent with the buildings and uses allowed in the zone in which it is located.
    Accessways.  A strip of land intended for use by pedestrians and bicyclists that provides a direct route where the use of public roads would significantly add to the travel time and/or distance.
    Adjacent.  Touching; across a public right-of-way from; across an easement from; across a small stream or creek from.
    Aerial.  A privately owned and operated antenna for non commercial uses subject to height limitations as specified in LOC 50.22.015.  For the purposes of this Code, "aerial" includes ham radio antennae and is not a "telecommunications facility".
    Alley.  Public right-of-way which provides a secondary means of access to abutting property.
    Alter.  To change or modify the construction or occupancy of a building or structure or use of land.
    Applicant.  The owner of land, a representative designated in writing by the owner, a contract purchaser, City representative or other person requesting some action under the terms of this Code.
    Average Daily Traffic.  The known average of the number of vehicles which pass a given point in a 24-hour period.
    Average Daily Trip (ADT).  The estimated or known trip average of the number of one-way trips generated by a particular use during a 24-hour period.
    Backfill.  The material placed in a trench over a sewer or water pipe, or other utility structure.
    Balanced Cut and Fill.  The placement of fill material that is balanced with removal of an equal amount of material, such as sand, gravel, soil, rock, and building materials.
    Base Flood.  See “Flood, Base” definition.
    Base Height.  The height allowed by the underlying zone district prior to the application of any height exceptions that may be authorized by the code.
    Basement.  Any area of a building having its floor subgrade (below ground level) on all sides.
    Bikeway.  Any road, path, or way which is open to bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are shared with other transportation modes.
    Boat Dock.  A structure built along the shore of a river, lake, canal or navigable stream for use by boats for moorage and loading and unloading passengers and materials.
    Boat House.  A roofed structure built along the shore of a river, lake, canal or stream for the purpose of storing a boat or other watercraft and accessories.
    Buffer Area (Resource).  An area adjacent to a designated RP District resource where development is limited in order to enhance resource functions and values by providing insulation from human disturbances and domestic animals.
    Building.  Any structure used or intended for supporting or sheltering any use or occupancy.
    Building Envelope.  The area within the setback lines required by this Code for any lot.
    Building - Main.  A building within which the principal use of a lot is conducted.
    Building Regulations.  The specialty codes as adopted by LOC Chapter 45.
    By-Pass.  A drainage system to carry storm water runoff around or through a specific area.
    Cabana.  Waterfront single-family dwelling or cluster development over the water on pilings.
    Canopy.  A nonmovable roof-like structure attached to a building.
    Carpool.  A group of two or more commuters, including the driver, who share the ride to and from work or other designation on a regularly scheduled basis.  
    Carport.  A permanent roofed structure, open on at least one side, designed to provide covered parking for one or more motor vehicles (see Garage).
    Cemetery.  Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbaria, crematories, mausoleums and mortuaries.
    Certified Arborist.  An arborist who has passed the International Society of Arboriculture Certification Exam.
    City.  The City of Lake Oswego; its officers, employees and agents.
    City Engineer. The person holding the position of City Engineer of the City of Lake Oswego or designee of the City Engineer.
    City Manager or Manager.  The person holding the position of City Manager or any officer or employee of the City of Lake Oswego.
    Cleanout.  A vertical opening providing equipment access to the end of a sanitary sewer line for purposes of flushing or cleaning the line.
    Closed-end street.  A street that has only one connection to any other existing through street or planned through street.  Cul-de-sacs and dead-end streets are examples of closed-end streets.
    Cluster Development.  A development in which the buildings are placed in groups on lots containing less area per dwelling unit than the minimum required by the zone.
    Commission.  The City of Lake Oswego Development Review Commission or Planning Commission, depending on context.
    Comprehensive Plan.  Volume I of the Comprehensive Plan adopted by the City of Lake Oswego July, 1978 as it now exists or is hereafter amended.
    Conflicting Uses.  A conflicting use is one which, if allowed, could negatively impact a Statewide Planning Goal 5 resource site.
    Congregate Housing.  Multi-unit housing with self-contained apartments that contain cooking facilities which support independent lifestyles for those that have life-function disabilities due to age, medical, or mental condition, which do not require residential care or skilled nursing services. Congregate housing provides varying levels of support services, such as meals, laundry, housekeeping, transportation, and social, recreation, cultural and education activities.  The full range of services normally associated with a residential care facility, are not provided in association with congregate housing.
    Continuing Care Retirement Community (CCRC).  An age-restricted development that provides a continuum of accommodations and care, from independent living to convalescence care and long-term skilled nursing care, and enters into contracts to provide lifelong care. A CCRC typically includes a full range of living arrangements from independent living, congregate housing, residential care and skilled nursing and sometimes hospice care.  CCRCs provide a range of ancillary facilities and services such as health care, meals with common dining facilities, physical therapy, education, recreation, and other social and cultural activities.
    Convent.  A local community or house of a religious order or congregation.
    Cornice means the horizontal element in the elevation of a building demarcating the difference between the pedestrian oriented level on the street (characterized by entrances, shops, service space, loading areas and lobbies) and office/residential uses on levels above.
    Creek.  A natural stream of water typically smaller than and often tributary to a stream or a river.
    Crown Cover.  The area directly beneath the crown and within the drip line of a tree or shrub.  The crown consists of the above ground branches, stems, and leaves.
    Deck.  A non-enclosed platform (excluding above-grade entry walkways) constructed on or above the ground, used for several purposes, including leisure, social gatherings, etc.
    Delineated Resource.  An RP District stream corridor or wetland or an RC District tree grove delineated pursuant to LOC 50.16.035.
    Delineation (Resource).  An analysis of a resource by a qualified professional that determines its boundary to plus or minus 2 feet. A resource delineation includes a survey map of the resource prepared by a professional surveyor or engineer.
    Density Transfer Acre/Acreage.  Potentially hazardous or resource areas within which development may occur or from which density may be transferred to buildable portions of the site, only after it has been demonstrated by the applicant that development can occur in compliance with criteria established by this Code, including the Development Standards. Density Transfer Acre includes the following:
    a.    Area within the floodway and the floodway fringe as shown on the FEMA flood maps,
    b.    Area of over 25% slope,
    c.    Area in known landslide areas or in areas shown to have potential for severe or moderate landslide hazard,
    d.    Area in the RC or RP Districts pursuant to LOC 50.16.045, stream buffer areas of major stream corridors, wetlands and Distinctive Natural Areas, and
    e.    Area in public open space and parks.
    Detention.  The act of detaining or storing storm water runoff for a short period of time during and after a storm.
    Development.  Any man-made change to improved or unimproved real property, including, but not limited to, construction, installation or alteration of a building or other structure, change of use, land division, establishment or termination of a right of access, storage on the land, grading, clearing, removal or placement of soil, paving, dredging, filling, excavation, drilling or removal of trees.
    Development Permit.  Written authorization for a development to proceed as described in an application, such authorization having been given in accordance with this Code.
    Development Site.  The total area of parcel(s) or lot(s) prior to a development action, such as a partition or subdivision, or other development activity.
    Development Standards.  LOC Articles 50.40 – 50.67, inclusive, of this Community Development Code.
    Drainage.  A general term applied to the removal of surface or subsurface water from a given area either by gravity or by pumping; commonly applied herein to surface water.
    Drainage Pattern.  The surface and subsurface system for the removal of water from the land, including both the natural elements of streams, marshes, swales, and ponds, whether of an intermittent or continuous nature, and the man-made element which includes culverts, ditches, channels, retention or detention facilities, and the storm sewer system.
    Drainageway.  An open linear depression, whether constructed or natural, which functions for the collection and drainage of surface water.  It may be permanently or temporarily inundated.
    Dripline.  The outer limit of a tree’s branches, projected to the ground.  The point where water dripping off the canopy will hit the ground.
    Driveway.  A vehicular accessway that has, as its primary purpose, the provision of a driveable connection between a structure or parking area on a lot and connecting to the shared access easement, access lane, private street, or public street system.  “Driveway” may include parking pads, turnaround areas, and parking lot aisles.
    Driveway approach.  That portion of the driveway that is situated in the public right of way.
    Driveway grade.  The ratio of the change in elevation to the change in horizontal distance traveled, measured along the steepest 10 foot increment along the centerline of the traveled way. Grades are expressed in percent.  
    Duplex.  A building on a lot designed to contain two dwelling units and used for residential purposes.
    Dwelling, Multiple.  A building on one or more lots designed to contain three or more dwelling units that share common walls or floor/ceilings with one or more units.  The land underneath the structure is not divided into separate lots.  Multiple dwelling includes structures commonly called garden apartments, apartments and condominiums.
    Dwelling, Single-Family.  A detached dwelling unit designed and used for that purpose or an attached dwelling unit, located on its own lot, that shares one or more common or abutting walls with one or more dwelling units.  The common or abutting wall shall consist of a structural wall which shared for at least 25 percent of the length of the side of the dwelling.  An attached house does not share common floor/ceilings with other dwelling units.  An attached house is also called a rowhouse, townhouse, or a common-wall house.
    Dwelling Unit.  One or more habitable rooms which are occupied or which are intended or designed to be occupied by one family with housekeeping facilities for living, sleeping, sanitary facilities, cooking and eating.
    Dwelling, Zero Lot Line.  A building providing two dwelling units on two separate lots and used for residential purposes.
    Easement.  A grant of the right to use designated land for specific purposes.
    Emergency.  Any event or circumstance causing or threatening life, injury to persons or property, and includes, but is not limited to, fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or releases of oil or hazardous material, contamination, utility or transportation disruptions, and disease.
    ESEE Process Analysis.  The Economic, Social, Environmental, and Energy Analysis required under Statewide Land Use Planning Goal 5.  The purpose of the ESEE analysis is to balance the relative value of an inventoried natural resource against conflicting uses and thereby determine an appropriate level of protection through land use regulations.  The ESEE Analysis that formed the factual basis for the Sensitive Lands Program (LOC Article 50.16) and was used initially to designate properties for protection under the program is the Lake Oswego Resource Areas Report and ESEE Analysis, dated April 1, 1997, as revised on July 15, 1997.
    Exchange Carrier.  A provider of telecommunications services.
    Facade.  All the wall planes of a structure as seen from the one side or view.  For example, the front facade of a building would include all of the wall area that would be shown on the front elevation of the building plans.
    Family.  An individual or two or more persons related by blood, marriage, legal adoption, or associated by guardianship, conservatorship or a foster care relationship, or a group of not more than five persons not so related or associated living together in a dwelling unit as a single housekeeping unit.
    Family Day Care Facility.  A day care facility which regularly accommodates 12 or fewer children regardless of full-time or part-time status, in the day care provider's home, including the children of the day care provider.
    Farming.  To cultivate or produce a crop on.
    Fenestration.  Doors and/or windows.
        Fire Code.  The Oregon Fire Code as adopted or amended by LOC Chapter 15, and any other applicable provisions of LOC Chapter 15.
    Fire Department/delivery vehicle turnaround.  An area providing space for the maneuvering of fire fighting vehicle or other vehicles (in the case of a delivery or loading area) consistent with LOC Chapter 15 (Fire Code).
    Fish and Wildlife Habitat.  Lands that contain significant food, water, or cover for native terrestrial and/or aquatic species of animals.  Examples include forests, fields, riparian areas, wetlands, and water bodies.
    Flag Lot.  A lot located behind another lot that has normal street frontage, and where access is provided to the rear lot via a narrow "flag pole" (i.e. driveway), or where access is provided via an easement.  There are two distinct parts of a flag lot; the flag which comprises the actual building site located behind another lot, and the pole which provides access from the street to the flag.  A flag lot results from the division of a large lot with the required area and depth for more than one lot, but which has insufficient width to locate all lots on the street frontage.
    Flood Management Area.  See LOC 50.44.012.
     Floodplain (or flood plain).  The area bordering a watercourse encompassing both the floodway fringe and the floodway inundated during the base flood.  In addition to the above definition, for purposes of LOC Article 50.41 (Drainage Standard for Major Development), floodplain shall include the land areas adjoining all streams, lakes, ponds, or wetlands that are subject to inundation by the base flood.
    Floor Area.  The combined square footage area (measured from the exterior of the surrounding exterior wall framing) of a building or portions thereof of all stories of a building excluding:
    Floor Area Ratio (FAR).  The ratio of the floor area to the net buildable acre.  The greater the ratio, the greater the floor area relative to the size of the lot.  For example, a building occupying one-fourth of the net site areas has a FAR of 0.25:1, or 0.25; adding a second floor to the same building increases the FAR to 0.50:1, or 0.5.
    Foot-candle (fc).  The density of luminous flux (lumens) incident at a point on a surface having an area of one square foot.
    Footprint.  The polygon formed by the surrounding exterior walls of a building or portion thereof, including any structure which is over 30 inches in height with or without exterior walls, but exclusive of vent shafts and courtyards.  The footprint does not include the ground area under the eaves of the building or structure.
    Foundation Soil, Potential Weak.  A generalized map of locations of potential Weak Foundation Soils is maintained at the Public Works Department, City Hall.  However, the actual condition of the site will determine whether such soils exist.
    Foundation Soils, Weak.  Those which may cause overall settlement or differential settlement resulting in damage to structures not designed to accommodate movements.  Weak Foundation Soils have one or more of the following characteristics:  low strength, compressibility, high organic material content, high shrink-swell ratio or elasticity, or slow percolation and wetness.
    Functions and Values (Resource).  Functions and values are the benefits provided by resources.  The benefits may be physical, environmental aesthetic, scenic, educational, or some other nonphysical function, or a combination of these.  For example, the functions and values of a wetland can include its ability to provide storm water detention for "x" units of water draining "y" acres, and its ability to provide food and shelter for "z" varieties of migrating waterfowl.  In addition, an unusual native species of plant in a natural resource Area could be of educational, heritage, and scientific value.  Most natural resources have multiple functions and values.
    Garage Opening.  The garage door or in the case of a carport, the opening from which cars enter or exit the carport.
    Garage, Private.  A structure having one or more stories, used for the parking of motor vehicles belonging to tenants, employees or owners of the property for which the parking spaces contained in or on said garage are required by Chapter 50 and are not open for use by the general public.  A carport is a garage.
    Garage, Public.  A publicly or privately owned structure having one or more stories, used for the parking of motor vehicles, and open for use by the general public, either free or for remuneration. Public parking garages may include parking spaces for customers, patrons or clients which are required by this Code, provided said parking spaces are clearly identified as parking space(s) for the building or use.
    Garage, Repair.  A building used for the care and repair of motor vehicles, including major and minor work such as body and fender work or engine and transmission overhaul, and incidental parking of vehicles.
    Garage, Side-loading.  A garage that meets the definition of a Private Garage but is located such that the garage doors face a minimum of 80 degrees away from the street (see Appendix 50.02-C).
    Garage Wall Area.  The garage wall area includes the entire area on the specified side of a structure between the ceiling, floor, and walls of the garage, including the garage door.
    Glare.   Light that causes visual discomfort or disability, and the wattage and/or light distribution that is excessive for the purposes for which the illumination is necessary.
    Grade.  The ground surface next to a structure that is constructed to the earth (example: building with foundation) or next to a tree when the height of the tree is at issue, or under a structure that is not constructed to the earth (example: decking).
    Grade, Utility or Street.  The slope, measured in percent, of a street, pipe, or conduit as part of a utility system.  
    Gross Floor Area (G.F.A.).  The area included within the surrounding exterior walls of a building or portions thereof excluding allowable projections, decks, patios, uncovered exit stairways or uncovered above-grade driveways.
    Group Care Home.  Any private or public institution maintained and operated for the care, boarding, housing or training of five or fewer physically, mentally or socially handicapped or delinquent, elderly or dependent persons by any person who is not the parent or guardian of, and who is not related by blood, marriage or legal adoption to such persons and excluding foster care of children.
    Guest House.  An accessory structure of less than 400 square feet with no cooking or kitchen facilities.
    Gully.  A long, narrow channel worn by the action of water, particularly on a hillside.  It is much smaller than a ravine.  Several gullies often lead to a ravine.
    Habitable.  Habitable means the portion of any building or structure used, or intended for use on a day-to-day basis, by people for residential purposes, or for purposes of conducting a commercial or industrial business, public use, or institutional use, or for purposes of a similar nature.
    HAS (Habitat Assessment Score).  The numerical ranking applied in an ESEE Inventory which represents the relative wildlife habitat values of a given natural resource site in comparison with other sites in the City.  Six features are evaluated to determine the total Wildlife Habitat Assessment Score:
    1.    Water
    2.    Food
    3.    Cover
    4.    Disturbance
    5.    Linkage
    6.    Unique Features
    Each feature receives a "High, Medium, or Low" description and a numeric ranking as shown in the HAS rankings sheet in the Appendix 50.16-A to the SL District. The maximum possible score is 124. A minimum score of 35 is necessary for a site to be considered significant for wildlife values.  See the City of Lake Oswego 1994/95 Natural Resource Inventory and ESEE Analysis (on file in the Planning Department) for a detailed explanation of the methodology used in applying the HAS rankings.
    Hazardous Substances.  Any substance listed or described as hazardous in ORS Chapter 453 (Hazardous Substances).  Hazardous substances are toxic, corrosive, irritants, strong sensitizers, flammable, combustible, or generate pressure through decomposition, heat or other means. Hazardous substances or mixture of substances may cause substantial personal injury or illness during, or as a proximate result of any customary or reasonably foreseeable handling or use.
    Hearing Body.  The Lake Oswego Development Review Commission, Planning Commission or City Council.
    Height of Building.  The vertical distance above a reference point measured to the coping of a flat roof or to the deck line of a mansard roof or to the highest point of the gable of a pitched or hipped roof.
    The reference points are determined as follows:
    a.    If, for purposes of construction of a structure, an artificial elevation of the ground surface results:  the elevation of any ground surface prior to construction at or within the exterior wall of the building.
    b.    If, for purposes of construction of structure, there is an alteration or artificial lowering of the ground surface:  the elevation of any ground surface after construction at or within the exterior wall of the building.  See Appendix 50.02–A.
    c.    On Lots within the Flood Management Area:  The elevation of any ground surface at the exterior wall of the building prior to construction of any structure which artificially elevates the ground surface, except that if the structure elevates the ground surface for the purpose of raising the floor level above the base flood elevation consistent with LOC Article 50.44, then the reference point shall be the elevated ground surface.
    Home Occupation.  A lawful use conducted in a residential zone in or on the premises of a dwelling unit, said use being secondary to the use of the dwelling for dwelling purposes.
    Horticulture.   The science or art of cultivating fruits, vegetables, flowers and plants.
    House Side Shield.  For fully shielded luminaires only, an internal shield designed and installed by the luminaire manufacturer that significantly attenuates the unit of illumination in the back photometric hemisphere at all angles greater than 30 degrees relative to nadir.
    Hotel, Motel.  A building or group of buildings used for transient residential purposes containing rental units which are designed to be used, or which are used, rented or hired out for sleeping purposes.
    Hydraulic Characteristics. The features of a watercourse which-determine its water conveyance capacity.  They include the watercourse cross-section, alignment, width from bank to bank, profile, and the location and types of vegetation within the watercourse.
    Hydrophytic Vegetation.  Plant life growing in water or in soil that is at least periodically deficient in oxygen as a result of excessive water content.
    Illumination, Uniformity of.  The ratio of average illumination level on the roadway to the minimum illumination at any point on the roadway.  
    Impermeable Surface.  Any surface which prevents absorption of water into the ground.
    Incidental Retail Uses.  Retail uses within an Industrial Park (IP) zone that are outright permitted retail uses in the Neighborhood Commercial (NC) zone, when such uses are directly related to the sales of products manufactured, processed, or assembled on the IP zoned site.
    In-kind Vegetation.  Vegetation similar to vegetation found in the impacted resource or resource buffer in type and size.
    Institutional Use.  Private educational, cultural, religious or social welfare facilities.
    Invasive Plants.  Vegetation that displaces or dominates natural plant communities, such as Himalayan blackberry, English ivy, reed canary grass, scotch broom, etc.  A list of such plants shall be maintained on file in the Planning Department.
    Irregular Lot.  A lot in which the front and rear lot lines are not parallel.
    Lake Oswego Style means a building design that borrows from the City’s historic architectural traditions including the Arts and Crafts, English Tudor and the Oregon Rustic Styles.  Buildings which use complex massing, asymmetrical composition and natural materials exemplify this style (See photos and descriptions in Appendix 50.65-A).  Adherence to the "Lake Oswego Style" is not intended to require historical replication.  Modern designs interpreting, quoting or utilizing the above noted stylistic forms are also encompassed within the definition.
    Lake-Related Infrastructure. Lake-related infrastructure means the structures, facilities, and equipment necessary to maintain Oswego Lake.  Lake-related infrastructure includes, but is not limited to dams, dikes, levees, headgates, fish screens, culverts, water storage and water diversion facilities, flood control structures, structures to shelter and maintain boats or other equipment for lake maintenance or policing, and structures used in connection with hydroelectric power generation.  Lake-related infrastructure does not include office buildings.
    Land.  Includes water surface and the land under water.
    Large Animal.  Horses, cattle, sheep, goats, swine or any other animal which customarily weighs more than 45 pounds at maturity, excluding dogs.
    LED.  Light Emitting Diode.
    Light Fixture.  See Luminaire.
    Lighting System.  One or more luminares, together with associated wires, conduits, poles, etc., that constitutes the illumination system on the site.
    Levee.  A human-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from flooding.
    LORA.  The Lake Oswego Redevelopment Agency, an urban renewal agency created by the City pursuant to ORS Chapter 457.  
    Lot.  A unit of land created in compliance with all legal requirements in effect and applicable at the time of creation.
    Lot Area.  The area of a lot, defined by the lot lines, less the area of access easements, private streets, and public streets.
    Lot, Corner.  A lot abutting two intersecting streets, provided that the streets do not intersect on an angle greater than 135 degrees.
    Lot Coverage.  The ratio of A to B where A is the area of the polygon formed by the surrounding exterior walls of all structures or portions thereof over 30 inch in height with or without exterior walls, but exclusive of vent shafts and courtyards; and B is the gross acreage of the site excluding area in street right-of-way, private streets and access easements (calculated in the same manner as provided in "Net Buildable Acre").  Boat houses shall not be included in lot coverage calculations.
    Lot Depth.  The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, except for a flag lot, which shall be measured from the mid-point at the front lot line of the flag area.  In the case of a triangular lot, the lot depth is the horizontal distance from the midpoint of the front lot line to the furthest most intersection of the side lot lines. In the case of a through lot, the lot depth is the horizontal distance from the midpoint of one front lot line to the other front lot line.  (See Appendix 50.02–B).
    Lot, Flat.  A lot where the proposed highest finished ground surface at the exterior wall of a building or proposed building is not more than ten feet above the lowest such surface.
    Lot Frontage.  That portion of a lot nearest a street. For the purpose of determining yard requirements, all sides of a lot abutting a street shall be considered frontage.
    Lot Illegal.  A unit of land created in violation of one or more legal requirements in effect and applicable at the time of creation.
    Lot, Interior.  A lot other than a corner lot, with frontage on only one street.
    Lot Line.  Boundary lines of a lot.
    Lot Line, Front.  In the case of an interior lot, the lot line separating the lot from the street. In the case of a corner lot, the lot line designated pursuant to LOC 50.06.050 (7), 50.08.030 (4), 50.09.025 (6) or 50.13.035 (4).
    Lot Line, Rear.  A lot line which is opposite the front lot line.  A triangular lot and a through lot have no rear lot line: the frontage on each street of a through lot is a front lot line.  For other irregularly shaped lots, the rear lot line is all lot lines that are most nearly opposite the front lot line.  (See Appendix 50.02-B).  
    Lot Line, Side.  Any lot line not a front or rear lot line.
    Lot Line, Side Street.  On a corner lot, the lot line(s) abutting a street that is not the front lot line.
    Lot of Record.  A lot shown as part of a recorded subdivision, partition, or any lot described by metes and bounds in a recorded deed, record of survey or other appropriate document recorded with the county; except that no lot or parcel of land created without compliance with the subdivision or partition requirements in effect and applicable at the time of the lot creation shall be considered a lot of record.
    Lot, Platted.  A lot described and identified within a recorded subdivision or partition and remaining the same in size and shape as it was when the subdivision or partition was recorded.
    Lot, Sloped.  A lot where the highest natural or unaltered ground surface at the exterior wall of a building or proposed building is more than ten feet above the lowest natural or unaltered ground surface at the time of building permit application.  For the purposes of determining building height, natural or unaltered ground surface shall mean:  The elevation of the existing ground surface or the existing ground surface resulting from a prior approved planned development at the time of building permit application.
    Lot, Steeply Sloped. A steeply sloped lot is a lot with an average slope of 25% or more, when measured from the front line to the most distant point of the building.
    Lot, Through; Double Frontage Lot.  A lot other than a corner lot with frontage on more than one street.
    Lot Width.  The width of the lot as measured at the front setback line.
    Lowest Floor.  The lowest floor of the lowest enclosed area (including basement).  An unfinished or flood resistant enclosure, usable solely for parking of vehicles, watercraft, building access or storage, in an area other than a basement, is not considered a building’s lowest floor.
    Lumen.  A unit of measurement of the amount of light emitted by a lamp.
    Luminaire (or "Light Fixture"). A complete lighting device consisting of a light source together with its direct appurtenances, such as globe, reflector, refractor, housing and such support as is integral with the housing. The pole, post or bracket is not considered a part of the luminaire.
    Luminance.  The amount of light emitted in a given direction from a surface by the light source or by reflection from a surface.  The unit is candela per square meter.
    Luminous Flux.  A measure of the total light output from a source, the unit being the lumen.
    Major Park Improvements.
    1.    Athletic field for organized sport games.
    2.    Lighting for outdoor recreational facilities and activities.
    3.    Facilities that require a building permit, occupying more than 3,500 square feet of site area.  (A play area for non-organized sport games is not subject to this subsection even if more than 3,500 square feet.)
    4.    On-site parking for more than eight vehicles.
    5.    Facilities for motorized boats.
    Manhole.  A vertical opening providing human access to a sanitary sewer or storm drain line, provided with a heavy cover at the ground or street surface.
    Manufactured Homes.  A multi-sectional dwelling unit with a Department of Housing and Urban Development (HUD) label, of not less than 1,000 square feet constructed in an off-site manufacturing facility on or after June 15, 1976, to the standards and requirements of the National Manufactured Home Construction and Safety Standards Act of 1974, and designed to be used with a foundation as a dwelling unit on a year-round basis with approved connections to water, sewer and electric utility systems.
    Notwithstanding the above, for the purpose of LOC Article 50.44, a manufactured home is a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles.
    Marina.  A facility providing moorage for boats and marine related services.
    Masonry.  A quarried stone, brick, rusticated stone or emboss worked wall.  
    Mean Sea Level.  Mean sea level and other references to elevations are based on the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced.
    Mechanical Equipment.  Heating, ventilating and air conditioning systems, transformers, generators, utility meters, connection boxes, satellite dishes, antennas, tanks and other similar features.
    Minor Park Improvements.  Park improvements with limited offsite impacts.  Minor park improvements include:
    1.    One play area that is not intended for organized sport games (regardless of size), without lighting.
    2.    Facilities that require a building permit, that may include park buildings, picnic shelters, restrooms, athletic courts, non-motorized boating facilities, and playground structures provided the uses do not occupy more than  3,500 square feet of site area (individually or cumulatively, excluding facilities authorized by a master plan).
    3.    On-site parking for eight or less vehicles.
    4.    Trails.
    Mitigation.  To rectify, repair or compensate for adverse impacts to a resource or resource functions and values caused by development.
    Mitigation Methods (for Wetlands).
    a.    Wetland Creation.  The conversion of a non-wetland area into a wetland.
    b.    Wetland Enhancement.  Alteration of an existing wetland to develop new functions or to improve existing conditions
    c.    Wetland Restoration.  Re-establishment of lost or impaired functions in a degraded wetland or in a former wetland that no longer functions as a wetland.
    Mitigation Ratio (for Wetlands).  The ratio of the amount of wetland to be created, restored or enhanced compared to the amount of wetland lost due to development.
    Mixed Use.  A development consisting of more than one broad category of use (e.g. commercial, industrial, residential, public use, or institutional).
    Mobile Home.  A unit or units built between January, 1969 and June 15, 1976 in conformance with the American National Standards Institute requirements adopted by the State of Oregon in 1969 and having an Oregon insignia of compliance issued by the Oregon Department of Commerce, Building Codes Division, or a unit built after June, 1976 in conformance with the 1976 HUD requirements. All units shall have a minimum of 900 square feet of living area.
    The following definitions apply only to mobile homes:
    a.    Accessory structure.  An attached or unattached structural addition to a mobile home or mobile home space including, but not limited to: cabanas, awnings, carports, garages, covered porches, storage structures and covered patios.
    b.    Accessway.  An unobstructed way of specified width containing a drive or roadway which provides vehicular access within a mobile home park and connects to a public street.
    c.    Awning.  A stationary structure used in conjunction with a mobile home, other than a window awning or ramada for the purpose of providing shelter from the sun and rain for patios, porches or yard areas, and having a roof with supports and not more than one wall.
    d.    Cabana.  A stationary structure which may be prefabricated or demountable, with two or more walls, used adjacent to and in conjunction with a mobile home, to provide additional living space designed to be moved with the mobile home.
    e.    Carport.  A stationary structure consisting of a roof with its supports which is entirely open on two or more sides and is used for sheltering a motor vehicle.
    f.    Mobile Home Park.  A parcel of land under common ownership on which two or more mobile homes are occupied as residences and which conforms to the regulations of this article.
    g.    Mobile Home Subdivision.  A subdivision designed for sale of lots for residential occupancy by mobile homes.
    h.    Mobile Home Space or Lot.  A plot of ground within a mobile home park or subdivision designed for the accommodation of one mobile home, its accessory structures, parking spaces and required yard areas.
    i.    Stand.  A hard surfaced area within a mobile home space or lot designed for placement of a mobile home.
    Motor Vehicle and Recreational Vehicle Sales Area.  A lot used for display, sale or rental of new or used motor vehicles, recreational vehicles or trailers where no repair work is done except minor, incidental repairs or cleaning of motor vehicles, recreational vehicles or trailers to be displayed, sold or rented for use off the premises.
    Mounting Height.  The vertical distance between the lowest optical component of the luminaire and the ground surface directly below the luminaire.
    Nadir.  The downward direction; exactly vertical, directly below a luminaire.
    Natural Area.  An area of land and/or water that has a predominantly undeveloped character. Natural areas may be pristine, or may have been affected by human activity such as vegetation removal, agriculture, grading or drainage if such areas retain significant natural characteristics, or have recovered to the extent that they contribute to the City's natural systems including hydrology, vegetation, or wildlife habitat.
    Natural Resource Areas, Non-designated.  "Natural areas" that have not been included in an RP or RC District pursuant to LOC Article 50.16.
    Net Buildable Acre.  The residentially designated land remaining in a gross acre of 43,560 square feet after the following areas have been deducted:
    a.    Area in street right-of-way, private street, or access easements.  For public street, use the actual acreage if known or 20% of the gross site area. For private street use actual acreage if known or 40 feet right-of-way. For access easement use actual acreage of easement.
    b.    Acreage in 100-year floodplain as shown on U.S. Army Corp of Engineers flood maps.
    c.    Acreage of over 25% slope.
    d.    Acreage in known landslide areas.
    e.    Acreage in stream buffer area of major stream corridors including wetlands located therein.
    f.    Acreage in public open space and parks.
    Net Developable Acre.  Gross acreage (at 43,560 square feet per acre) of residentially designated land, including Density Transfer Acreage, less the area in street right-of-way or access easements. For public streets, use the actual acreage if known or 20% of the gross acreage. For private streets use actual acreage if known or 40 foot right-of-way. For access easements use actual acreage of easement.
    Net Loss (Wetland).  A permanent loss of wetland area, functions, or values resulting from a development action after accounting for mitigation measures.
    Non-Profit Use.  A use operated by an organization, corporation or association that distributes no part of its income to its members, directors or officers.
    Obstruction.  Any dam, wall, wharf, embankment, levee, dike, pile abutment, excavation, bridge, conduit, pole, culvert, building, wire, fence, fill, or projection into a floodplain, watercourse, or drainage system
    Occupancy Classification.  As defined in Section 501 of the Uniform Building Code, adopted pursuant to LOC Chapter 45.
    Open Space.  Land to remain in natural or landscaped condition for the purpose of providing a scenic, aesthetic appearance and/or protecting natural processes, providing passive recreational uses, and/or maintaining natural vegetation. Open space shall be permanently reserved by common ownership among the owners of a development, dedicated to the public, or by other appropriate means committed to use for the general public.
    Oswego Lake.  For purposes of LOC Article 50.44, Oswego Lake includes the main lake and all embayments and canals that have the same elevation as the main lake.
    Outdoor lighting.  Any hard wired, low-voltage or solar powered lighting system that is used in an exterior space.
    Owner.  Where used in relationship to real property, "owner" means the legal owner of record or, where there is a recorded land sales contract in effect, the purchaser there under.
    Parking Area, Private.  Property, other than streets and alleys, unless subject to such parking use by grant of a revocable permit by the City, on which parking spaces are defined, designated or otherwise identified for use by the tenants, employees, patrons or owners of the property for which the parking area is required or allowed by Chapter 50 and not open for use by the general public.
    Parking Area, Public.  Property other than streets or alleys on which parking spaces are defined, designated or otherwise identified for use by the general public, either free or for remuneration. Public parking areas may include parking lots which may be required for retail customers, patrons and clients.
    Parking District.  A district established for the purpose of planning and development of shared parking facilities which serve the whole district.
    Parking, Tandem.  The parking of a vehicle in front of or behind another vehicle which requires one of the vehicles to be moved in order for the other vehicle to enter or exit.  Also called stacked parking.
    Park Land.  Public or private land providing for the active recreational needs of the community.
    Park Lands. [Definition for Park and Natural Area Zone, LOC Article 50.13B, per Ord. 2462; 12/19/2006].  Lands that provide for protection of natural resources and/or developed for public active and passive recreational uses.
    Partition.  To divide an area or tract of land into two or three lots within a calendar year when such land exists as a unit or contiguous units of land under common ownership at the beginning of such year. "Partition" does not include adjustments of lot lines by relocation of a common boundary where no additional lots are created, and the resulting lots satisfy the minimum lot size allowed by this Code, nor foreclosure proceedings or sales exempted by the definition of "partition" in ORS Chapter 92.
    a.    Major Partition.  A partition which includes the creation of a street.
    b.    Minor Partition.  A partition that does not include the creation of a street.
    Pathway.  A public or private right-of-way for pedestrian or non-motorized traffic.
    Patio.  An impervious surface on the ground, excluding parking areas and pathways of 5 feet or less in width, used for several purposes, including leisure, social gatherings, etc.
    Pavement, paving.  As used in this standard, “Pavement” means Portland cement concrete, asphaltic concrete and modular masonry pavement systems.  "Pavement" also includes pervious pavement systems such as those known by the proprietary names of Grasscrete or Geoweb, provided that the cells are filled with an aggregate material or vegetation.
    Pedestrian/Bicycle Access, Convenient.  Hard surfaced pedestrian/bicycle path.
    Pedestrian Density.  The ratio of pedestrians to sidewalk area is intended to encourage increased pedestrian density in order to promote retail use and provide community interaction.
    Person.  A natural person, his heirs, executors, administrators, or assigns; a firm, partnership, or corporation, association or legal entity, its or their successors or assigns; and any agent, employee or representative of any of the above mentioned.
    Photometric Analysis Report.  A report by a laboratory certified by the National Institute of Standards and Technology (NIST), describing the candela distribution, shielding type, luminance, and other characteristics of a specific luminaire.
    Plat.  A map, containing all the descriptions, locations, specifications, dedications, provisions or other information concerning a subdivision.
    Practicable.  Capable of being done after considering and balancing cost, existing technology, and logistics in light of overall project purposes.
    Profile.  
    a.    Utility.  A "side view" of a proposed utility pipe or street showing grade, changes in grade, depth of pipe and vertical curves of streets.
    b.    Structure.  A “side view” of a proposed structure showing the front building wall and roof line, from the front building line at the yard setback, to the highest point of the roof.
    Public Building.  Any building owned or used by a public governmental entity for the purpose of carrying out a public service, other than a public facility, but including public schools.
    Public Facilities.  Any and all onsite and offsite improvements to be accepted for ownership, maintenance and operation by the City, including but not limited to sanitary sewers, pump stations, water lines and hydrants, storm drain systems, streets, alleys, street lights, street name signs and traffic control signs and devices.
    Public Facility, Major.  Any public service improvement or structure developed by or for a public agency that is not defined as a minor public facility.
    Public Facility, Minor.  The following public service improvements or structures developed by or for a public agency:
    a.    Minor utility structures, except substations, but including poles, lines, pipes, telecommunications facilities or other such facilities.
    b.    Sewer, storm drainage, or water system structures except treatment plants, reservoirs, or trunk lines, but including reconstruction of existing facilities, pump stations, manholes, valves, hydrants or other portions of the collection, treatment and distribution systems located within public property.
    c.    Street improvements within existing development including sidewalks, curbs, gutters, catch basins, paving, signs and traffic control devices and street lights.
    d.    Transit improvements, such as shelters or pedestrian and bicycle safety improvements, located within public right of way or on public property.
    e.    School improvements which will not increase the capacity of the school nor create additional traffic or other impact on the surrounding neighborhood.
    f.    Park improvements which will not create additional motor or foot traffic impact on the surrounding neighborhood.
    Public Service.  Any service provided by a public agency including but not limited to power, water, streets, sewers, parks, recreation facilities, schools, police and fire protection. This term includes utilities provided by regulated utility companies such as telephone, gas and electric power.
    Public Transportation Facilities.  Those facilities that are associated with a transportation system, such as bridges, bus stops, transit centers, light rail, and similar facilities, but excluding public or private streets.
    Qualified Professional.  An individual who has proven expertise and vocational experience in a given natural resource field, as determined by the City Manager.  A qualified professional may either be a consultant or a member of the City staff.  The following types of expertise are applicable:
    a.    Streams.  An individual such as a hydrologist or an engineer who has expertise in analyzing water quality and/or delineating stream corridor boundaries.
    b.    Tree Grove.  An individual who has expertise in delineating or surveying tree grove drip lines such as a Certified Arborist, professional forester, engineer, architect, landscape architect, surveyor, or similarly qualified person.
    c.    Wetlands.  An individual such as a wetland biologist or ecologist who has expertise in applying Federal and/or State-approved methods for wetland delineations and value assessments.
    Ravine.  A small, narrow valley with steep sides that is usually worn by running water.  A ravine is larger than a gully.
    Recreational Facilities.
    1.    Active Use Recreational Facilities.  Facilities for recreational uses that tend to be more organized and/or that require a greater degree of site development and conversion of natural area, including sports fields, playground equipment, group picnic shelters, hard surfaced pathways, permanent restrooms, accessory parking lots and similar facilities.
    2.    Passive Use Recreational Facilities. Facilities for recreational uses related to the functions and values of a natural area that require limited and low impact site improvement, including soft-surface trails, signs, pedestrian bridges, seating, viewing blinds, observation decks, handicapped facilities, drinking fountains, picnic tables, interpretive facilities, and similar facilities.
    Recreational Vehicles.  Towed or self-propelled vehicles such as motor homes, pickup campers and tent trailer campers, travel trailers, designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
    Reserved Area.  Land to be kept free of buildings or other structures as a condition of development approval.
    Residential Accessway.  A strip of land intended for use by pedestrians and bicyclists that provides a direct route through single family residential development where the use of public roads would significantly add to the travel time and/or distance.
    Residential Care Housing.  A residential care housing facility houses and provides services for 6 or more persons who may have a range of physical and mental health problems, including chronic and debilitating conditions requiring assistance with daily activities.  This term is synonymous with other terms such as “assisted living facilities” and “adult care housing” used to describe housing which provides the range of services described below.
Living units within residential care housing do not have cooking facilities.  A range of services is provided including staff supervised meals, house keeping and personal care, medication supervision, recreation, cultural, social activities and transportation.
Residential care housing facilities may include housing for persons needing intermediate care.  These are persons who do not require around-the-clock nursing, but who do need preventative care, therapies at levels less than continuous licensed nursing care or observation. Intermediate care emphasizes personal, social and emotional / mental health care, but involves the availability of 24 hour service with physicians and nurses in supervisory roles.
Skilled nursing services, including convalescent care, may be provided as an accessory and subordinate use in conjunction with residential care facilities.  
The total allowed number of persons requiring skilled nursing care may be up to 25% of a residential care facility’s total occupant capacity.
    Residential Turnaround.  An area providing space for the maneuvering of a passenger vehicle in which the vehicle can make a 180 degree change in direction with a continuous forward movement, or no more than one backing movement.  
    Resource Conservation (RC) District Resource.  A tree grove protected by an RC District Overlay Zone pursuant to LOC Article 50.16.
    Resource Conservation Protection Area.  The portion of an RC District resource identified pursuant to LOC 50.16.055.
    Resource Enhancement.  The modification of a resource or its functions and values to improve the quality or quantity of the resource.  It can include actions that result in increased animal and plant species, increased numbers of types of natural habitat, and/or increased amount of area devoted to natural habitat.  It may also include improvements in scenic views and sites, increased capacity for storm water detention and surface water management, changes in water quantity or quality, or similar improvements.  A resource enhancement project must result in no loss of any resource functions or values, and the gain of at least one.
    Resource Protection (RP) District Resource.  A wetland or stream corridor protected by a RP District overlay zone pursuant to LOC Article 50.16.
    Restoration Plant List.  A list of plants appropriate for landscaping in resource areas that maintain the natural function and character of resource areas, provide food and shelter for native wildlife, are adapted to local soils and growing conditions, do not require fertilizers or pesticides that may be detrimental to the resource, or do not require long-term irrigation which can increase erosion and sedimentation.  The Restoration Plant List shall be kept on file in the Planning Department.
    Retention.  The act of retaining or storing storm water, runoff permanently or for a considerable length of time for some use, or until it percolates into the ground or evaporates.
    Reversed Frontage Lot.  A lot on which the frontage is at right angles or approximately right angles (interior angle less than 135 degrees) to the general pattern in the area.
    Riparian Areas.  Lands adjacent to rivers, streams, lakes, ponds, and other water bodies that are transitional between aquatic and upland zones and contain elements of both aquatic and terrestrial ecosystems.  Such lands are characterized by high water tables, soils made up largely of water-carried sediments, and vegetation that requires free (unbound) water or conditions that are more moist than normal.
    Road.  See "Street".
    Sanitary Sewer System.  A system consisting of pipes, house service lines, manholes, cleanouts and other appurtenant structures provided for the conveyance of sewage to a place of treatment.  
    Secondary Dwelling Unit.  A second dwelling unit, either attached or separate, located on a lot already containing a dwelling unit, which complies with LOC 50.30.010.
    Security.  A means of guaranteeing the performance of terms and conditions of a development permit.
    Sedimentation.  Deposition of boils, debris, or other materials suspended and transported by storm water runoff.
    Sensitive Lands.  Lands containing natural resources that have environmental significance within the Lake Oswego planning area (Urban Service Boundary) including wetlands, stream corridors, and tree groves. Such lands are more sensitive or easily damaged by development impacts than non-resource lands.
    Service Lateral.  A sewer pipe extending from a sewer line to the property line to provide service for the structure on that property.  
    Service Station.  A commercial establishment which provides retail sale of motor fuel and oil for motor or marine vehicles, services batteries, furnishes repair and service, excluding painting, body work, steam cleaning, tire recapping and mechanical car washing equipment capable of washing more than one car at a time, and at which accessory sales or incidental services are conducted.
    Setback Line.  The innermost line of any required yard or reserved area on a lot.
    Shelters, Waiting.  An area providing protection from weather, and visual access and physical proximity to arriving transit vehicles; may be as simple as an extended overhang or protected entry or as elaborate as a separate structure complete with furniture.  
    Shielding:
·    Directional.  A luminaire designed to be aimed or pointed.
·    Fully Shielded.  A luminaire emitting no more than 0.5 percent of its luminous flux above the horizontal plane, including any luminaire rated “full cut off” according to IES RP-8-01.
·    Shielded.  A luminaire emitting no more than 2 percent of its total luminous flux above the horizontal plane, including any luminaire rated “cutoff” according to IES RP-8-01.
·    Partly Shielded.  A luminaire emitting no more than 10 percent of its total luminous flux above the horizontal plane, including any luminaire rated “semi-cutoff” according to IES RP-8-01.
·    Unshielded.  A luminaire that may emit its luminous flux in any direction (i.e., neither shielded nor partly shielded).
Silviculture.  The care and cultivation of forest trees.
Skilled Nursing Facility.  Skilled nursing facilities provide 24 hour direct medical, nursing and other health services.  Registered nurses, licensed practical nurses, and nurses’ aides provide services prescribed by resident(s) physician(s).  Skilled nursing is for those persons who need health supervision but not hospitalization.  The emphasis of this use is on nursing care, but convalescent, restorative physical, occupational, speech, and respiratory therapies are also provided.  The level of care may also include specialized nursing services such as specialized nutrition, rehabilitation services and monitoring of unstable conditions.  The term skilled nursing facility is also synonymous with the terms nursing facility and nursing home.
Slope.  Slope is measured by the following equation S = E/D, where S is the slope, E is the vertical elevation change from the highest point to the lowest point, and D is the horizontal distance from the highest point to the lowest point. [Cross-Reference:  see Lot, Sloped.]
    Specimen Tree.  Particularly fine or unusual example of any tree specie, including smaller trees such as dogwood, cherry, or Japanese maple.
    Steep Slope.  A steep slope is an average slope of 25% or more, when measured from the front lot line to the most distant point of the building.
    Standard Details.  The set of detail drawings contained in the City of Lake Oswego’s "Standard Construction Specifications and Drawings".
    Start of Construction.  Start of construction is meant to apply to new construction and substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty days of the permit date.
    a.    For new construction.  The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.  Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not a part of the main structure.
    b.    For substantial improvement.  The actual start means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
    Storefront.  The entrance facade of a building typically facing the street.
    Storm Water Runoff.   Water that results from precipitation which is not absorbed by the soil or plant material.
    Storm Water Storage Area.  A facility used for detention and/or retention of storm water runoff.
    Story.  That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or unused under-floor space is more than 6 feet above grade for more than 50 percent of the total perimeter or is more than 12 feet above grade at any point, such basement or unused under-floor space shall be considered as a story.
    Stream.  Flowing surface waters that produce a definable channel or bed.  Stream flows can be perennial, intermittent, or ephemeral.  Streams do not include ditches, storm drains, or other artificial watercourses unless they are used to convey streams naturally occurring prior to construction or have come to function as natural water courses, thus contributing to the quality of an area’s overall natural systems.
    Notwithstanding the above “stream” definition, for purposes of LOC 50.41 (Drainage Standard for Major Development), stream shall mean a natural body of running water flowing continuously or intermittently in a channel on or below the surface of the ground.
    Stream Channel.  A definable channel that demonstrates clear evidence of the passage of water and includes but is not limited to bedrock channels, gravel beds, sand and silt beds, and vegetated swales.  A stream channel may be a bed with sloping banks or may be a swale with gradually sloping sides.   In most cases there is a distinct grade break at the edge of the stream channel.
    Stream Corridor.  A stream corridor is an area of land that includes both a stream and the area ten feet on either side of the centerline of the stream and any area beyond ten feet that includes a set of natural features generally associated with the stream.  See LOC Appendix 50.16.035 (1)(c).  These natural features include, stream channels, flood plains, wetlands, riparian vegetation, associated vegetation, steep slopes, and habitat features.  A stream corridor generally includes the following:
    a.    Hydrological Characteristics.  Physical features that affect stream flow capacity, rates of channel erosion and patterns of sedimentation including but not limited to stream alignment, cross section and profile, roughness of channel and banks, and drainage patterns.
    b.    Plant Communities and Wildlife Habitat.  The association of trees, shrubs, ground cover, and aquatic plants that affects the hydrological characteristics of a stream corridor, reduces runoff turbidity, provides shade which lessens thermal pollution, filters out nutrients carried by runoff, protects stream corridor soils and slopes from erosion, and provides habitat for fish, wildlife and aquatic organisms.
    c.    Soils with Potential for Severe Erosion.  Soils within stream corridors tend to be very erosion-prone by nature.  This feature affects channel erosion rates, patterns of sedimentation downstream, and potential for hazards to property within and adjacent to the stream corridor.
    d.    Ravines and Steep Slopes.  Lake Oswego steam corridors frequently include ravines and steep slopes.
    e.    Associated Aquatic Elements.  Floodplains and wetlands may be adjacent to or associated with the stream.
    Stream Corridor Functions and Values.  The beneficial characteristics of stream corridors, including, but not limited to:
·    Protection of wildlife habitat and travel corridors;
·    Protection of riparian vegetation;
·    Erosion control;
·    Flood and storm water control;
·    Water quality enhancement;
·    Open space, passive recreation, and visual enjoyment, and;
·    Cultural, social, education and research values.
    Stream, Perennial.  A stream or part of a stream that flows continuously above ground during years of average or near-average rainfall, as a result of ground-water discharge or surface runoff.
    Street.  The entire width between the right-of-way lines of a public way capable of providing the principal means of access to abutting property.
    Structural Alteration.  A change to the supporting members of a structure including, but not limited to, foundation, bearing walls or bearing partitions, columns, beams, girders or the roof.
    Structure.  That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.  For purposes of LOC Article 50.44, a "structure" means a walled and roofed building and a gas or liquid storage tank.
    Structure, Viable Existing.
    a.    An existing structure that complies with LOC Article 50.65;
    b.    A designated historic resource; or
    c.    A structure that is not likely to be redeveloped due to use, size, recent construction or other similar factors (e.g. City Hall, Main Fire Station, Bank Building at northeast corner of 4th and A, building at northeast corner of 2nd and B).
    Subdivide.  To divide an area or tract of land into four or more lots within a calendar year, when such land exists as a unit or contiguous units of land under a single ownership at the beginning of such year. For the purpose of computing the number of lots created, each lot created shall be counted as a separate lot notwithstanding the fact they are held in common ownership.
    Substantial Improvement.  For the purpose of LOC Article 50.44, a substantial improvement is any reconstruction, rehabilitation, addition, or other improvements to a structure, the cost of which exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement.  Substantial improvement also means improvement to a structure that has been damaged or destroyed to a degree that the cost of repair or restoration would equal or exceed 50 percent of the market value of the structure before the damage or destruction occurred.
    The term does not include either:
    a.    Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or
    b.    Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
    (See "Cross-Reference" for Substantial Improvement.)
    Swale.  A swale is a depression, sometimes swampy, in the midst of generally level land that conducts surface water.
    Telecommunications Facilities.  Facilities designed and used for the purpose of transmitting, receiving, and relaying voice and data signals from various wireless communication devices. The following definitions apply to the regulation of telecommunications facilities:
    a.    Abandoned Facility.  A transmission tower and/or ancillary facilities whose use has been discontinued for a period of at least six months.
    b.    Ancillary Facilities.  The structures and equipment required for operation of the telecommunication equipment, including but not limited to antennae, repeaters, equipment housing structure, and ventilation and other mechanical equipment.
    c.    Antenna(e).  An electrical conductor or group of electrical conductors that transmit or receive radio waves.
    d.    Attachment.  An antenna or other piece of related equipment affixed to a transmission tower.
    e.    Collocated Facility.  A new attachment, antenna, or tower placed on existing suitable structures or the addition of new ancillary facilities to an existing transmission tower facility site.
    f.    New Facility.  The installation of a new transmission tower.  New attachments are not new facilities.
    g.    Pre-existing Towers and Pre-existing Antennas.  Any tower or antenna constructed or approved pursuant to City standards in effect prior to the effective date of this ordinance.
    h.    Service Area.  The vicinity around a telecommunications facility site that effectively receives signals from and transmits signals to the facility at the strength of signal required by the Federal Communications Commission.
    i.    Shadow.  A geographic area that has less than adequate telecommunication service coverage.
    j.    Tower Footprint.  The area described at the base of a transmission tower as the perimeter of the transmission tower including the transmission tower foundation and any attached or overhanging equipment, attachments, or structural members but excluding ancillary facilities and guy wires and anchors.
    k.    Tower Height.  The vertical distance measured from the highest point on the transmission tower or other structure, including any antennae, to the original grade of the ground directly below this point.
    l.    Tower Pad.  The area that encompasses the tower footprint, ancillary facilities, fencing and screening.
    m.    Transmission Tower.  The guyed tower, lattice tower, monopole, or similar structure on which transmitting or receiving antennae are located.  For purposes of this Code, ham radio transmission facilities are considered "aerials" and not "transmission towers".
        i.    Guyed Tower.  A tower which is supported by the use of cables (guy wires) which are permanently anchored.
        ii.    Lattice Tower.  A tower characterized by an open framework of lateral cross members which stabilize the tower.
        iii.    Monopole.  A single upright pole, engineered to be self supporting and does not require lateral cross supports or guys.
    Temporary Lighting.  Lighting installed with temporary wiring and operated for less than 60 days in any calendar year.
    Temporary Structure.  A structure used for one year or less.
    Transit Facilities.  Includes, but are not limited to, transit streets, transit stops, park and ride stations, multi-modal exchange stations, bus pullout lanes, multiple-passenger transit waiting shelters and furniture, and transit information stations.
    Transit Oriented Development (TOD).  A mix of residential, retail and office uses and a supporting network of roads, bicycle and pedestrian ways focused on a major transit stop designed to support a high level of transit use.
    Transit Oriented Features.  Features to support a high level of transit use, such as sidewalks, accessways, bikeways, pedestrian and bicycle amenities, and walkways within developments.
    Transit Service, Protected.  Service which will be established within a 1/4 mile radius within five years after completion of development.  
    Transit Street.  All streets designated by the Lake Oswego Comprehensive Plan as an arterial street and any street designated by Tri-Met as a bus route.
    Transportation Project.  A public or private road, street, sidewalk, pathway, bridge, tunnel, rail, or transit improvement designed to facilitate the movement of people or goods within the community.  The term includes improvements for drainage, bank stabilization, and erosion control which are related to a transportation project.
    Tree Grove.  A stand of three or more trees (of the same species or a mixture) which form a visual and biological unit, including the area between the forest floor and the canopy, including skyline trees, and including any understory vegetation existing within the canopied area.  A stand of trees must be at least 15 feet in height and must have a contiguous crown width of at least 120 feet to qualify as a tree grove.
    a.    Associated Tree Grove.  A tree grove that is contiguous with the boundaries of a designated stream corridor or wetland and contributes to the resource value of the riparian area by extending and operating in conjunction with the habitat of the riparian area and providing flood control and water quality enhancement.  Such tree groves are located within the buffer areas of a wetland or stream corridor but may extend beyond the buffer.
    b.    Isolated Tree Grove.  A grove of trees that is not associated with a stream corridor or wetland as described in subsection (a) of this definition.
    Uplands (or upland forests).  The non-riparian portions of tree groves lying outside of stream corridors, wetlands, and their respective buffers.
    Use, Accessory.  Any use incidental, subordinate and consistent with the primary use on the same lot or in the same building, and which is consistent with the uses allowed in the zone in which it is located.
    Use, Change of.  A change of the activity on a site which results in a change in the number of parking spaces required by the parking and loading standard.
    Use; Principal.  The main or primary purpose for which land or a structure is arranged, designed or intended, or for which either land or a structure is, or may be, occupied or maintained.
    Utility. For purposes of this Code, a utility is any person (as defined in this section) who is a local exchange carrier or an electric, gas, water, or other public utility, and who owns or controls poles, ducts, conduits, or rights of way used, in whole or in part, for any wire or cable communication.
    Vanpool.  A group of from seven to fifteen commuters, including the driver, who share the ride to and from work or other destination on a regularly scheduled basis.
    Vegetation.  All plant growth, especially trees, shrubs, mosses and grasses.
    Walkway.  A surfaced strip of land, legally accessible to the public, improved to accommodate pedestrian traffic.
    Walls, Exterior.  Any wall or element of a wall, or group of members, which defines the exterior boundaries or courts of a building and which has a slope of 60 degree or greater with the horizontal plane.
    Water Bodies.  Water bodies include rivers, streams, creeks, sloughs, drainageways, lakes, ponds, and permanently or temporarily flooded lands which lie below the deep water boundary of wetlands.  Water depth is such that water, and not the air, is the principal medium in which prevalent organisms live, whether or not they are attached to the bottom.  The bottom may sometimes be considered non-soil or the water may be too deep or otherwise unable to support emergent vegetation.
    Water Conveyance Capacity.  The capacity of a watercourse to convey a particular volume of water per unit of time at a particular water surface elevation at any particular point on the watercourse.
    Watercourse.  A natural or artificial channel which conveys storm water runoff.
    Notwithstanding the above definition, for purposes of LOC Article 50.44, watercourse means a bed or channel of a riverine drainageway such as a river, stream, creek, or brook.
    Water Courses.  Water courses are defined as ephemeral, intermittent, and perennial drainageways which exhibit defined channels:
    a.    Ephemeral means water courses which convey water associated with rainfall events.
    b.    Intermittent means water courses whose conveyance of water is seasonal in nature.
    c.    Perennial means water courses which convey water year-round.
    Water courses also include perennial springs.  They may be either the result of natural processes or human-made features such as canals, mill races, and open drainageways which are either historic in nature, or have come to function as natural water courses, thus contributing to the quality of an Area's overall natural systems including hydrology, vegetation, wildlife habitat. (See “watercourse” for purposes of LOC Article 50.41, Drainage Standard for Major Development and LOC Article 50.44, Flood Management Area.
    Water Dependent Use.  A use or activity which can be carried out only on, in, or adjacent to water areas because the use requires access to the water body for water-borne transportation, recreation, energy production, or source of water.  Water dependent uses include, but are not limited to, boat houses, docks, decks, marinas, piers, boat lifts, or similar structures.  A cabana is not a water dependent use.
    Water Distribution System. A system consisting of underground pipes, house service lines, valves, hydrants, and other appurtenant structures provided for the transmission of potable water to its point of use.
    Wetland.  An Area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.  Wetlands generally include but are not limited to swamps, marshes, bogs, and similar Areas.
    a.    Isolated Wetland.  A wetland that is not linked or connected to an adjacent stream corridor, wetland, tree grove, or other wooded Area.
    Wetland Functions and Values. The beneficial characteristics of wetlands, including but not limited to:
    a.    Wildlife and plant habitat protection
    b.    Protection of sensitive, threatened and endangered species
    c.    Erosion control
    d.    Flood and storm water storage
    e.    Water quality enhancement
    f.    Ground water recharge
    g.    Open space, passive recreation, and visual enjoyment
    h.    Cultural, social, educational, and research values
    Wrecking Yard.  Any premises used for the storage, dismantling or sale of either inoperable motor vehicles, trailers, machinery and/or building materials, or parts of such items.
    Yard.  An open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this Code, on the lot on which a building is situated.
    Yard, Front.  A yard, the front of which is the front lot line measuring at right angles toward the building the required distance or to the front exterior wall of the building.
    Yard, Rear.  A yard, measured at right angles from the rear lot line toward the building, the required distance.
    Yard, Required.  The area of land and space between a lot line and a setback line, whether the setback line is established by the terms of this Code or by an approval granted pursuant to this Code.
    Yard, Side.  A yard, measured at right angles from the side lot line toward the building, the required distance.
    [Cross-References: Access (Access Development Standard): See LOC 50.57.010; Capacity (Utility Development Standard): See LOC 50.61.010; Cut or Excavation: See LOC 50.43.010; Design vehicle: See LOC 50.58.010; Erosion: See LOC 50.43.010; Fill: See LOC 50.43.010; Increased use (On-Site Circulation Development Standard): See LOC 50.58.010; Mulch: See LOC 50.43.010; Old Town Styles: See LOC 50.66.010; Potential Severe Erosion Hazard Area: See LOC 50.43.010; Potential Severe Landslide Hazard Area: See LOC 50.43.010; Sediment: See LOC 50.43.010; Stripping: See LOC 50.43.010; Substantial Improvement (Flood Management): See LOC 50.44.045 for methods of calculating market value for flood management purposes; Village Character: See LOC 50.65.020.]


(Ord. 2549, Amended, 06/15/2010, Prior Text; Ord. 2524, Amended, 06/01/2010, Prior Text; Ord. 2527, Amended, 04/21/2009, Prior Text; Ord. 2530, Amended, 12/16/2008, Prior Text; Ord. 2507, Amended, 06/03/2008, Prior Text; Ord. 2462, Amended, 12/19/2006, Prior Text; Ord. 2398, Amended, 12/06/2005, Prior Text; Ord. 2429, Amended, 09/06/2005, Prior Text; Ord. 2333, Amended, 07/15/2003, Prior Text; Ord. 2346, Amended, 06/10/2003, Prior Text; Ord. 2322, Amended, 02/04/2003; Ord. 2334, Amended, 12/17/2002; Ord. 2328, Amended, 08/06/2002; Ord. 2243, Amended, 04/02/2002; Ord. 2316, Added, 03/05/2002)

Section 50.02.050 Repealed.



Article 50.03 Applicability of Community Development Code.

Section 50.03.005 Application of Code.

    Development of real property within the corporate limits of the City of Lake Oswego shall be governed by this Code.  All provisions in other sections of the Lake Oswego Code which conflict with applicable provisions of this Code are hereby superseded.


(Ord. No. 2316, Added, 03/05/2002)

Section 50.03.010 Compliance.

    Except as otherwise specifically provided by this Code, no building or other structure shall be constructed, reconstructed, improved, altered, enlarged or moved, nor shall any use or occupancy of premises within the City be commenced or changed, nor shall any condition of or upon real property be caused or maintained after December 16, 1982, except in conformity with the requirements prescribed for each of the several zones and general regulations established hereunder. It shall be unlawful for any person to erect, construct, reconstruct, establish, occupy, alter, enlarge or use, or cause to be used, any building, structure, improvement or use of premises located in any zone described in this Code contrary to the provisions of this Code. Where this Code imposes greater restrictions than those imposed or required by other rules or regulations or Code provisions, the provisions of this Code shall control.


(Ord. No. 2316, Added, 03/05/2002)

Section 50.03.015 Maintenance of Minimum Ordinance Requirements.

    No lot area, yard, or other open space, existing on or after December 16, 1982 shall be reduced in area, dimension, or size below the minimum required by this Code, nor shall any lot area, yard, or other open space which is required by this Code for one use be used as the lot area, yard, or other open space requirement for any other use, except as provided in this Code.


(Ord. No. 2316, Added, 03/05/2002)

Section 50.03.020 Relationship to Other Laws and Private Agreements; Prior Approvals and Conditions of Approval.

    1.    It is not an intent of this Code to interfere with, abrogate or annul any easement, covenant or agreement between parties; provided, however, that where this Code imposes a greater restriction upon the use of buildings, and premises, upon height of buildings, or requires larger open spaces or similar restrictions than are imposed or required by private agreements, easements and covenants, the provisions of this Code shall govern.
    2.    Planned unit developments approvals, conditional use permits, variances and Development Review Commission approvals, and conditions attached to those approvals, and conditions attached to zone change approvals, granted prior to December 16, 1982 shall remain in effect until specifically amended or deleted by action pursuant to this Code. A request to amend approvals or delete or amend conditions of approvals is classified as a request to amend the zoning map and shall be considered as such unless the subject matter of the request is regulated by LOC 50.86.025 (Modification of Approved Permits) in which case the request will be processed pursuant to the provisions of LOC 50.86.025. Those conditions imposed or approvals granted by ordinance under the prior Zoning Code may be amended or deleted by order of the hearing body, or, on appeal, by order of the City Council, without the necessity of adopting an amending ordinance.
    3.    For the time periods stated below, construction may occur pursuant to the listed types of approvals granted under the prior Zoning Code:
        a.    Conditional use permit - two years from the date of the order granting approval.
        b.    Variances - six months from the date of the order granting approval.
        c.    Planned unit developments - the time period stated in the approved development schedule, unless that schedule is modified pursuant to subsection (2) of this section. The time for filing plats must comply with LOC 50.87.010.
    If 15% of the structural construction is not complete within the time periods stated, the approval shall be reviewed as a new application pursuant to the applicable City Code provisions. This subsection applies to uses which conform, to the use requirements of this Code. If a conditional use permit, variance or PUD is a non-conforming use under the terms of this Code it is subject to the provisions of LOC 50.70.015 and not this subsection.


(Ord. No. 2316, Added, 03/05/2002)

Article 50.04 Rules of Interpretation.

Section 50.04.005 Interpretation, Regulations and Procedures, Delegation.

    1.    The City Manager has the initial authority and responsibility to interpret all terms, provisions and requirements of this Code. A request for an interpretation of this Code shall be made in writing and the interpretation given may be appealed to the Planning Commission pursuant to the provisions of LOC 50.04.010.
    2.    The City Manager may develop regulations and procedures to aid in the implementation and interpretation of the provisions of this Code.
    3.    The City Manager may delegate any authority or responsibility identified in this Code to any suitable person.


(Ord. No. 2316, Added, 03/05/2002)

Section 50.04.010 City Manager Interpretations.

    A person may request an interpretation of the City Comprehensive Plan or land use regulations from the City Manager.  Such an interpretation may be formal or informal, as follows:
    1.    Formal Interpretation:  An applicant may request a formal interpretation as it relates to the proposed development of a specific property owned by the applicant or by a person for whom the applicant is the agent.  The application shall be in writing and shall set forth the issues the applicant desires interpreted.  A fee set by resolution of the City Council may be charged for an application for a formal interpretation.  Notice of a request for a formal interpretation shall be sent in the manner provided for a minor development pursuant to LOC 50.81.010, and notice of the interpretation shall be sent in the same manner as notice of a decision on a minor development pursuant to LOC 50.81.020.  A formal interpretation may be appealed in the same manner as a minor development pursuant to LOC 50.84.005.  Once a formal interpretation becomes final, it shall be binding on the City as it applies to a future application for development of the subject property unless the provision that is the subject of the interpretation is amended, repealed or construed differently by LUBA or a court of competent jurisdiction prior to the filing of the application for development.   Such an interpretation shall not be binding as it relates to development of other properties.
    2.    Informal Interpretation:  Any person may request the planning staff or the City Attorney for an informal interpretation.  Such a request may either be oral or in writing, and is not subject to notice, appeal or a fee.  Such an interpretation is not a final land use decision, however, and is not binding on City staff or City appellate authorities as it applies to future land use applications on the subject property or in general.


(Ord. No. 2316, Added, 03/05/2002)

Section 50.04.015 Authorization for Similar Uses.

    The City Manager may authorize that a use, not specifically named in the permitted, conditional or prohibited uses of a district be included among the allowed uses, if the use 1) is similar to and of the same general type as the uses specifically allowed; 2) is consistent with the Comprehensive Plan; and 3) has similar intensity, density, off-site impacts and impacts on community facilities as uses permitted in the zone. However, the City Manager may not authorize a use already specifically permitted in any other zoning district. A person disagreeing with the City Manager's decision may appeal that decision to the Planning Commission pursuant to LOC 50.84.005.


(Ord. No. 2316, Added, 03/05/2002)

Article 50.05 Zoning Designations, Boundaries and Maps.

Section 50.05.005 Zoning Districts.

    The City is divided into the following zoning designations:

        
       Neighborhood Overlays  
Glenmorrie R-15 Overlay District  
GO  



(Ord. 2546, Amended, 06/15/2010, Prior Text; Ord. 2398, Amended, 12/06/2005, Prior Text; Ord. 2316, Added, 03/05/2002, Prior Text)

Section 50.05.010 Zoning Map.

    1.    The boundaries of the zoning districts established in this Code are indicated on the City zoning map.
    2.    Amendments to the City zoning map may be made pursuant to LOC 50.75.005. Copies of all map amendments shall be dated with the effective date of the document adopting the map amendment and shall be maintained without change, together with the adopting document, on file in the office of the City Recorder.
    3.    The City Manager shall maintain an up-to-date copy of the City zoning map to be revised from time to time so that it accurately portrays changes of zone boundaries. A separate map shall also be maintained and show the location of conditional use permits, planned developments and variances. The City Manager shall index on the appropriate map adjacent to such zone change, conditional use, cluster development or variance, the file number of the document authorizing the same.


(Ord. No. 2316, Added, 03/05/2002)

Section 50.05.015 Interpretation of District Boundaries.

    1.    Except as provided in subsection (2) below, where due to the scale, lack of detail or illegibility of the City zoning map or due to any other reason, there is uncertainty, contradiction or conflict as to the intended location of any district boundary, the exact location of district boundary lines shall be determined by the City Manager in accordance with the following guidelines:
        a.    Street Lines.  Where district boundaries are indicated as approximately following the centerline or right-of-way line of streets, such lines shall be construed to be such district boundaries.
        b.    Street Vacations.  Whenever any street is lawfully vacated, and the lands within the boundaries thereof attach to and become a part of lands adjoining such street, the lands formerly within the vacated street shall automatically be subject to the same zoning district designation that is applicable to lands to which same attaches.
        c.    Lot Lines.  Where district boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be said boundaries. If a district boundary divides a lot into two or more districts, the entire lot shall be placed in the district that accounts for the greater area of the lot by the adjustment of the district boundary, provided that the boundary adjustment is for a distance of less than 20 feet. If an adjustment of more than 20 feet is required, the change in the district boundary shall be treated as a change of zone.
        d.    Water Courses.  District boundary lines are intended to follow the centerlines of water courses and the shore line of Oswego Lake unless such boundary lines are otherwise fixed on the City zoning map.
    2.    The boundaries of an RP or RC District shall be determined as provided in LOC Article 50.16.


(Ord. No. 2316, Added, 03/05/2002)

Section 50.05.020 Zoning of Annexed Areas.

    1.    Zoning designations on newly annexed territories shall be imposed as provided in LOC 50.05.025.
    2.    The City may consider the zoning for any area considered for annexation at the same time the question of annexation for the area is considered. The notice and hearing procedures shall be the same as if the area in question were located within the City limits. The zoning decision shall not be a final decision for the purposes of judicial review until the date that the approval of the annexation of the area has become effective, or the date of the zoning order if that date is later in time.


(Ord. No. 2316, Added, 03/05/2002, Prior Text)

Section 50.05.025 Comprehensive Plan Map Designations Automatically Applied Upon Annexations; Exceptions.

    1.    The Lake Oswego Comprehensive Plan Map provides for the future City zoning of all property within the City's Urban Service Boundary.  In cases where the Comprehensive Plan Map requires a specific Zoning Map Designation to be placed on territory annexed to the City of Lake Oswego, such a zoning designation shall automatically be imposed on territory as of the effective date of the ordinance annexing such territory to the City.  The City Manager shall modify the zoning map accordingly.  In cases where the Comprehensive Plan Map does not require a specific Zoning Map Designation to be place on territory annexed to the City, the City Manager shall prepare an application and recommend a specific Zoning Map Designation to the Planning Commission with all due speed following the effective date of an ordinance annexing such territory to the City of Lake Oswego.  The Planning Commission shall hear the application pursuant to LOC 50.75.005.
    2.    Where the Comprehensive Plan Map indicates an RP or RC District Designation on territory proposed for annexation, the City shall notify the owners of the annexing territory that they have 15 days from the date of the annexation to request a hearing on the designation pursuant to LOC Article 50.16.  No fee shall be charged for such review.  If following review, the decision maker determines the property was improperly designated, the RP or RC designation shall be removed.
    3.    When evidence indicates that a resource that potentially qualifies for an RP or RC District Designation exists on territory to be annexed, the City may conduct an ESEE Analysis and determine whether such a zone should be imposed pursuant to LOC Article 50.16.  City staff may request a delay in the effective date of annexation to complete review.


(Ord. No. 2316, Added, 03/05/2002)

Section 50.05.030 Effect of Conditions of Approval or Development or Design Regulations Imposed Prior to Annexation.

    1.    Purpose; Definition.
        a.    The purpose of this section is to require owners of non-conforming uses, structures, or parcels annexed into the City of Lake Oswego to continue to comply with the use, design or development standards imposed by the prior jurisdiction until such time as the use, structure, or parcel is modified or developed under City development standards.
        b.    For purposes of this section, “prior jurisdiction” shall mean the County or City that had zoning jurisdiction upon the parcel prior to its annexation to the City of Lake Oswego.
    2.    Compliance with Prior Jurisdiction Requirements.  Following annexation of a parcel into the boundaries of the City of Lake Oswego, the owner of a parcel shall comply with the use limitations, development or design regulations, or conditions of approval applicable to the use, structure or parcel imposed by the prior jurisdiction prior to annexation of the parcel into the boundaries of the City.
    3.    Interpretation of Prior Jurisdiction Requirements.  In the event it is necessary to interpret the design or development standards, or use limitations of a prior jurisdiction, or any condition of approval granted by a prior jurisdiction, the interpretation shall be made in the manner provided by LOC 50.04.010 or LOC 50.86.015.
    4.    Modification of Conditions of Approval.  The owner’s obligation to comply with the Conditions of Approval of a development permit issued by a prior jurisdiction may be modified following annexation of the parcel into the City boundaries the same as if the Conditions were imposed by the City, in the same manner as provided in LOC 50.86.025, except that “hearing body or City Council” shall be construed to mean the final approving authority of the prior jurisdiction.
        Except to the extent a condition of approval is modified pursuant to this subsection, the prior jurisdiction’s use limitations, and development or design regulations shall continue to apply to the use, structure or parcel.
    5.    Modification of Use, Structure or Parcel to Comply With Applicable City Use, Design, or Development Regulations.  A property owner may seek modification of the requirements of a development permit, including use, design or development regulations, issued or imposed by the prior jurisdiction for the purpose of complying with comparable City use, design or development regulations.  Such modification shall be in accordance with LOC 50.86.025.
        Except to the extent the use, structure or parcel complies with City requirements following modification of development permit as provided under this subsection, the owner shall comply with the prior jurisdiction’s use limitations, and development or design regulations.
    6.    Effect of Compliance with Prior Jurisdiction Requirement, or Modification Upon Non-Conforming Status.  This section shall not be construed as remedying the non-conformance of any use, structure or parcel with the use limitations, design and development requirements of this Code. Notwithstanding the compliance of the owner with this section, the structure or use shall nevertheless be deemed non-conforming and shall be subject to the provisions of LOC 50.70.005 (2) and LOC 50.70.020.
    [Cross-References:  LOC 50.70.005 - Non-Conforming Use, Structure Defined; Rights Granted; For annexed parcels, see LOC 50.05.030 - Effect of Conditions of Approval or Development or Design Regulations Imposed Prior to Annexation.]


(Ord. 2346, Add, 06/10/2003)

Article 50.06 Residential - Medium and High Density R-0, R-2, R-3, R-5, and WR Zones.

Section 50.06.005 Purpose (Reserved).



(Ord. No. 2316, Added, 03/05/2002)

Section 50.06.010 Permitted Uses; R-0, R-2, R-3, and R-5 Zones.

    Uses permitted in the R-0, R-2, R-3, and R-5 zones are as follows:
    1.    a.    Except in the R-2 zone, any type of dwelling unit.
        b.    In the R-2 Zone, the following types of dwelling unit are permitted:
            i.    Single family detached dwellings.
            ii.    Row house dwellings.
            iii.    Zero lot line dwellings.
            iv.    Duplexes.
        c.    Single family detached dwellings and accessory structures associated with such dwellings located within the boundaries of the First Addition Neighborhood Association, as they now exist or hereafter may be amended by ordinance of the City Council, shall be developed and altered pursuant to the standards for such dwellings contained in LOC 50.07.025 (2) and (4), 50.07.040, 50.07.045, and 50.07.065.
    2.    Non-Profit social, recreational, educational or cultural facilities and uses such as open space, recreational sites, view points, community centers, swimming pools, tennis courts, and similar uses associated with a planned development, designed and intended for use by residents of the development.
    3.    Minor public facilities, including collocated telecommunications facilities but excluding new telecommunications facilities.
    4.    Home occupations.
    5.    Cluster developments.
    6.    Group care facilities.
    7.    Congregate housing.
    8.    Mobile home parks and subdivisions.
    9.    Secondary dwelling unit (associated with detached single-family dwelling unit only).
    10.    Residential care housing.
    11.    Family Day Care Facility.
    [Cross-Reference: LOC 50.07.045 - Accessory Structures in R-6 Zone.]


(Ord. No. 2243, Amended, 04/02/2002, Prior Text; Ord. No. 2316, Added, 03/05/2002)

Section 50.06.015 Conditional Uses: R-0, R-2, R-3, and R-5 Zones.

    Conditional uses in the R-0, R-2, R-3 and R-5 zones are as follows:
    1.    Request for up to a 25% density bonus for public agency rental housing projects (not residential care housing or secondary dwelling units).
    2.    Major public facilities.
    3.    Skilled nursing facility.
    4.    Institutional uses.
    5.    Social, recreational, or cultural facilities, such as swimming pools, recreation centers, or community centers, operated by a non-profit organization made up of a homeowners association or associations, neighborhood groups or an association of such groups or neighbors.
    6.    New telecommunications facilities.
    7.    Non-profit office uses in structures on the City's Historical Landmarks List which are located on arterial streets.  For the purposes of this section, "office uses" include business and management services, except for medical or dental offices.
    [Cross-References: LOC 50.69.090 - Specific Standards for Conditional Uses in the R-2 Zone; For subsection (3), see LOC 50.69.057 - Specific Standards for Residential Care Housing and Congregate Housing.]


(Ord. No. 2243, Amended, 04/02/2002, Prior Text; Ord. No. 2316, Added, 03/05/2002)

Section 50.06.020 Permitted Uses in WR Zone.

    The only uses permitted in the WR zone are:
    1.    Single-family dwellings or cluster developments erected on piling over the water of Lake Oswego.
    2.    Minor public facilities, including collocated telecommunications facilities but excluding new telecommunications facilities.


(Ord. 2381, Amended, 04/06/2004, Prior Text; Ord. No. 2316, Added, 03/05/2002)

Section 50.06.025 Minimum Density.

    1.    When subdivisions are proposed in the R-0 Zone, a minimum density of 20 lots per acre is required.  When subdivisions are proposed in the R-2 Zone, a minimum density of 12 lots per acre is required.  For purposes of this section, this number is computed by multiplying the net developable acreage by either 20 or 12 per the applicable zone.  The result shall rounded up for any product with a fraction of .5 or greater and rounded down for any product with a fraction of less than .5.  The requirements of this subsection are subject to the exceptions contained in LOC 50.22.100.
    2.    When subdivisions are proposed in the R-3, R-5, or WR Zones, a minimum density of 80% of the maximum allowed by the zone is required.  For purposes of this subsection, the number of lots required shall be determined by dividing the net developable square footage by the minimum lot size per unit required in the underlying zone, and multiplying this number by .8. The result shall be rounded up for any product with a fraction of .5 or greater and rounded down for any product with a fraction of less than .5.  The requirements of this subsection are subject to the exceptions contained in LOC 50.22.100.


(Ord. No. 2316, Added, 03/05/2002)

Section 50.06.030 Maximum Density, Density Bonus.

    1.    a.  The maximum density for each site in the R-0, R-2, R-3, R-5 and WR zones, expressed in number of dwelling units per net developable acre is computed by dividing the net developable acreage by the minimum lot area per unit and rounding down to the nearest whole number.
        b.  The actual density allowed on a site will be determined at the time of development review. Maximum density will be allowed to the extent that facts presented to the hearings body show that development at that density can occur within requirements set forth in the Development Standards.
    2.    The maximum density in the R-0, R-2, R-3, R-5 and WR zones may be increased if specifically allowed by the terms of this Code. The maximum density bonus will be determined by the specific applicable Code provision. However, the total number of allowable units shall not exceed by more than 25% the number of units allowed in the zone, or allowed by the provisions pertaining to residential care housing or skilled nursing facilities.
    [Cross-References:  LOC 50.30.020 - Specific Standards for Residential Care Housing and Congregate Housing; LOC 50.69.055 - Specific Standards for Skilled Nursing Facilities in the R-0, R-2.5, R-3, R-5 Zones; LOC 50.69.057 - Specific Standards applicable to Residential Care Housing Facilities and Congregate Housing in R-7.5, R-10 and R-15 Zones; LOC 50.69.090 - Specific Standards for Conditional Uses in the R-2 Zone.]   
    


(Ord. No. 2243, Amended, 04/02/2002, Prior Text; Ord. No. 2316, Added, 03/05/2002)

Section 50.06.035 Lot Size, Density Transfer, and Maximum Floor Area.

    1.    The standards are as follows:
        a.    Lot area and maximum floor areas shall meet the standards of Table 50.06.035.

    TABLE 50.06.035
Minimum Lot Area
Zone
Minimum Area
Per Dwelling
Maximum Floor Area
R-0
No minimum
No minimum
FAR: 1.2:1
R-2
No minimum
No minimum
FAR: 1.2:1
R-3
3,375 sq. ft.
3,375 sq. ft.
No maximum
R-5
5,000 sq. ft.
5,000 sq. ft.
See subsection (b) below
WR
3,375 sq. ft.
3,375 sq. ft.
No maximum

        b.    Residential development in the R-5 zone shall comply with the following maximum floor area standards:
            i.    For purposes of calculating maximum floor area for dwellings in the R-5 zone, the floor area of garages and accessory structures shall be included in the total that is subject to the maximum floor area standard of this section.
            ii.    Residential development shall not exceed the maximum floor area per lot as calculated by the following formulas:
                (1)    Lots 5,000 square feet and above:  Maximum Floor Area per Lot = 2,850 square feet + [(actual lot size - 5,000 square feet) x 0.28] + a 500 square foot floor area allowance per residential unit providing a garage.
                (2)    Lots less than 5,000 square feet:  Maximum Floor Area per Lot = 2,850 square feet + [(actual lot size - 5,000 square feet) x 0.48] + a 500 square foot floor area allowance per residential unit providing a garage.
    2.    FAR for uses other than single family dwellings and their accessory uses shall be as follows:
        a.    The FAR for uses listed as conditional uses shall be established as part of the conditional use process.
        b.    The FAR for other non-residential uses shall be no greater than 1:1.
    3.    For projects in all five zones which are reviewed for approval as planned developments, pursuant to LOC Article 50.17 and LOC Chapter 45, there is no required minimum lot area. Units may be placed on any portion of the site as long as the project complies with other requirements of this Code and LOC Chapters 45 and 50.
    4.    For projects on properties subject to an RP or RC District Designation, lot areas may be modified as provided in LOC 50.16.045.
    5.    Habitable areas of detached accessory structures that would normally be counted as floor area, shall be exempt from floor area calculations up to a maximum of:
        a.    For lot sizes up to 10,000 square feet - 200 square feet.
        b.    For lot sizes greater than 10,000 square feet - 400 square feet.

    


(Ord. 2524, Amended, 07/01/2010, Prior Text; Ord. 2398, Amended, 12/06/2005, Prior Text; Ord. 2333, Amended, 07/15/2003, Prior Text; Ord. 2316, Added, 03/05/2002, Prior Text)

Section 50.06.040 Lot Coverage.

    1.    Lot coverage shall not exceed the maximums set forth in Table 50.06.040, below:

    TABLE 50.06.040
    Maximum Lot Coverage  
Zone  
Dwelling Type  
Maximum Lot Coverage  
R-0  
40%  
R-2  
Single family detached  
35%  
Single family attached  
55%  
Row House  
55%  
Duplex  
55%  
Other Structures  
50%  
R-3  
50%  
R-5  
Single Family detached  
Height (ft.)  
Maximum Lot Coverage (%)  
22 or less  
45%  
>22 to 25  
42%  
>25 to 28  
38%  
>28 to 30  
35%  
>30  
35%  
Single Family attached  
50%  
Other Structures  
50%  
WR  
100%  

    2.    The floor area of a garage area shall be exempt from lot coverage calculations:
        a.    Ground floor area of detached garage:
            i.    For lots less than or equal to 10,000 square feet in area - up to 200 square feet.
            ii.    For lots greater than 10,000 square feet in area - up to 400 square feet.
        b.    Floor area of attached garage located at the rear of the primary structure or for side-loading garages - up to 200 square feet.
    3.    Habitable areas of detached accessory structures that would normally be counted as floor area, shall be exempt from floor area calculations:
        a.    For lots less than or equal to 10,000 square feet in area - up to 200 square feet.
        b.    For lots greater than 10,000 square feet in area - up to 400 square feet.


(Ord. 2524, Amended, 06/01/2010, Prior Text; Ord. 2398, Amended, 12/06/2005, Prior Text; Ord. 2333, Amended, 07/15/2003, Prior Text; Ord. 2316, Added, 03/05/2002, Prior Text)

Section 50.06.045 Unified Site Plan Required.

    All development in the R-0, R-2, R-3, and WR zones and attached development in the R-5 zone will be developed under a unified site plan. The site plan will identify circulation patterns, method of the provision of public services and general placement of lots and structures. Proposals with multiple ownerships shall include a written agreement of all owners that development of the site will occur pursuant to the site plan approved.


(Ord. No. 2316, Added, 03/05/2002, Prior Text)

Section 50.06.050 Yard Setbacks, Buffers.

    1.    a.    Except as otherwise provided in this section, LOC 50.16.040, 50.22.010, 50.22.025, 50.22.030, or 50.22.035, the following yard setbacks are required in the R-0, R-3 and R-5 zones:

Structure Type  
Front  
Side  
Rear  
Attached Dwelling  
10 ft.  
10 ft. (exterior wall)  
  0 ft. (attached wall)  
10 ft.  
Detached Dwelling
£   18 feet in height
20 ft.  
 5 ft.  
20 ft.  
> 18 feet in height
20 ft.  
10 ft.  
20 ft.  
Other Structures  
10 ft.  
10 ft.  
10 ft.  

        b.    Except as otherwise provided in this section or LOC 50.22.010, 50.22.025, 50.22.030, or 50.22.035, the following yard setbacks are required in the R-2 zone:

Structure Type  
Front  
Side  
Rear  
Duplex Dwelling  
10 ft.  
7 ft. (exterior wall)  
0 ft. (attached wall)  
10 ft.  
Zero-lot line Dwelling  
10 ft.  
7 ft. (exterior wall)  
0 ft. (attached wall)  
10 ft.  
Row house Dwelling  
10 ft.  
7 ft. (exterior wall)  
0 ft. (attached wall)  
10 ft.  
Detached Dwelling  
20 ft.  
[see subsection (1)(c)]  
20 ft.  
Other Structures  
10 ft.  
10 ft.  
10 ft.  

        c.    Side yard Setbacks for Detached Structures in R-2 Zone:
            i.    Single story structures:  5 feet
            ii.    Multi-story structures:  15 feet cumulative, 5 feet minimum on a side [but see subsection (1)(d)].
        d.    A multi-story detached structure in the R-2 Zone may have a smaller cumulative side yard setback than required in subsection (1)(c)(ii) where the ground floor is setback a minimum of 5 feet and the remainder of the structure is stepped back from the side building line by at least four feet on each side.
    2.    Structures shall be setback from a street right-of-way line a minimum of 10 feet, or such greater distance not to exceed the height of the principal structure necessary to accommodate off street parking or provide visual or sound buffering from arterial and collector streets.
    3.    The Development Review Commission may increase required setbacks as necessary to achieve compliance with the Development Standards.
    4.    a.    Where a lot zoned R-0, 3 or 5 abuts a lot with a zone other than R-0, 3 or 5, a setback shall be established on the lot zoned R-0, 3 or 5 of a depth of at least the height of the principal building on the lot zoned R-0, 3 or 5.
        b.    Where a lot zoned R-2 abuts a lot in the R-6, R-7.5, R-10 or R-15 zone, the setback of the abutting yard on the lot zoned R-2 shall be the setback required for such yard in the abutting lower density zone.
    5.    When a new development or the expansion or reconstruction of an existing development occurs in a R-0, 3 or 5 zone which abuts an existing less intensive residential use, a setback shall be established on the lot zoned R-0, 3 or 5 of a depth of at least the height of the principal building on the lot zoned R-0, 3 or 5.
    6.    There are no setbacks required in the WR zone, subject to compliance with LOC Chapter 45 Building Regulation requirements.
    7.    Front lot lines on corner lots may face either street.  The City Manager shall determine the front lot line after taking into consideration the orientation of structures on the site and nearby lots, the ability to meet setbacks without variances and physical site or solar access limitations. Street access should be local streets.
    8.    Setbacks required by this section may be reduced pursuant to the provisions of LOC 57.06.090 without the need to receive a variance pursuant to this Code.
    9.    Special Setbacks for Steeply Sloped Lots.  Where the average lot slope is 25% or more, the minimum required front yard setback for detached dwellings shall be 18 feet.


(Ord. 2524, Amended, 06/01/2010, Prior Text; Ord. 2333, Amended, 07/15/2003, Prior Text; Ord. 2316, Added, 03/05/2002, Prior Text)

Section 50.06.055 Height of Structures.

    1.    Projects > 1/2 Acre.
        a.    On a lot or lots developed as one project of 1/2 acre or greater in total area for the R-0 and R-3 zones or for attached development in the R-5 zone, the structure height may average 40 feet over the project lot(s) with no individual structure exceeding 50 feet.
        b.    On a lot or lots being developed as one project of 1/2 acre or greater in total area for the R-2 zone, the structure height may average 32 feet over the project lot(s) with no individual structure exceeding 35 feet.
    2.    Except as provided in subsection (1) above and (5) below, the base height of a structure in the R-0, R-2, R-3 and R-5 zone shall not exceed:
        a.    Flat Lots - 28 feet.
        b.    Lots with Sloping Topography - Maximum base height across the site shall be established by a flat plane measured at 28 feet above the highest point on the natural grade within the building envelope, except that in no case shall the base height be greater than 32 feet above the natural grade.  See LOC Appendix 50.07.030 (3).
        c.    Sloped Lots - 35 feet.
    3.    In the R-0, R-3 or R-5 zones, a structure shall not exceed the base height standards set forth in subsection (2) above if the structure is closer than 60 feet to a lot carrying a residential designation other than R-0, R-3 or R-5.
    4.    No structure in the WR zone can exceed 24 feet in height. Height is measured from the mean water level surface (elevation 98.6) of the water.
    5.    Exceptions to Base Building Height.  A greater height than otherwise permitted is allowed:
        a.    Single family dwellings - building height may be increased by one foot for every five additional feet in yard setback on all sides, beyond the underlying zone code standards provided in subsections 1 and 2 above; or
        b.    Any structure - for roof forms, or architectural features, such as, cupolas or dormers, provided that these roof forms or features:
            i.    Do not extend more than 6 feet above the maximum specified base height;
            ii.    Do not, in total, exceed one-third of the width of the building or buildings as measured on any elevation drawing for an individual roof form or projection or do not exceed one-half of the width of the building for two or more separate roof forms or projections; and,
            iii.    Do not, in total, cover more than 20% of the roof area on which they are located as viewed from directly above for an individual roof form or projection or 30% for multiple roof forms or projections.
    Examples of permitted exceptions to base height are illustrated in LOC Appendix 50.06-A.
    [Cross-References:  Height Limitation:  See also LOC 50.45.010 (1)(a) for non-single-family dwellings; Charter Section 46A for 50 ft. Maximum Height of Structures in Residential Areas.]


(Ord. 2524, Amended, 06/01/2010, Prior Text; Ord. 2398, Amended, 12/06/2005, Prior Text; Ord. 2333, Amended, 07/15/2003, Prior Text; Ord. 2346, Amended, 06/10/2003, Prior Text; Ord. 2316, Added, 03/05/2002)

Section 50.06.060 Structure Design - R-0, R-2, R-3, and R-5 Zones.

    1.    Applicability.  The structure design standards of this section shall apply to the following types of development within the R-0, R-2, R-3, and R-5 Residential Zones:
    2.    Street Front Setback Plane.
        a.    Except as set forth in LOC 50.06.060 (2)(c), the profile of a structure that fronts on a street shall fit behind a plane that starts at the setback line (front yard or side yard abutting a street) and extends upward, to 20 feet in height, then slopes toward the center of the lot up to 28 feet in height at the highest point of the roof, as illustrated in LOC Appendix 50.07-C.  The slope of the street-front setback plane is dependent upon whether it applies to a front yard or side yard abutting a street, as follows:
            i.    Front yard - 6:12 slope.
            ii.    Side yard abutting a street - 12:12 slope
        b.    Exceptions to the street-front setback plane.  Any individual roof form may penetrate the street-front setback plane if it is less than one-third of the structure width.  Two or more separate and distinct roof forms, such as dormers, may project into the street-front setback plane if they are less than one-half of the structure width.
        c.    Street Front Setback Plane on Sloped Lots.
            i.    Down Slope (Steeply sloped lots, sloping downhill away from the street).  On sloped lots where the average elevation of the ground surface at the front setback line is below the average elevation of the centerline of the street, the elevation at which the street front setback plane height is measured shall be the average elevation of the centerline of the street, as illustrated in LOC Appendix 50.07-I.  For this measurement, the average elevation of the street centerline shall be measured at points along the street centerline where a perpendicular line extended from the centerline would intersect the abutting property corners, as illustrated in LOC Appendix 50.07-J.
            ii.    Upslope.  (Steeply sloped lots, sloping uphill away from the street).  On sloped lots that rise up in elevation from the street or right-of-way and where the average lot slope is 25% or more as measured from the lot line abutting a street to the most distant point of the dwelling, the street front setback plane shall be determined as follows: the front profile of a structure shall fit behind a plane that starts at the setback line fronting a street and extends upward, to 24 feet in height, then slopes toward the center of the lot at a slope equal to the average lot slope for a horizontal distance of ten feet, at which point the structure may rise to the maximum allowed height for the lot as set forth in LOC 50.06.055.  The standard is illustrated in LOC Appendix 50.07-K.
    3.    Side Yard Setback Plane - Interior Yards.
        a.    Except as set forth in section (c) below, the side profile of a structure shall fit behind a plane that starts at the side property line and extends upward to 12 feet and slopes toward the center of the lot at a slope of 12:12 up to the maximum allowed height at the peak as illustrated in LOC Appendix 50.07-D.
        b.    Roof forms may penetrate into the side yard setback plane required under (a) above as follows:
            i.    Any individual roof form may penetrate the side setback plane if it is less than one-third of the structure length.  Two or more separate and distinct roof forms such as dormers or gables may project into the side setback plane if they are less than one-half of the structure length.
            ii.    Building projections allowed under LOC 50.22.045 may project up to 2 feet into the side yard setback plane.  Chimneys are exempt from the setback plane requirement.
        c.    On steeply sloped lots that are upslope from the abutting street, no side yard setback plane is required.  [Cross-Reference:  See LOC 50.02.005, Lot, Steeply Sloped.]
    4.    Side Yard Appearance and Screening.  At least one of the following design treatments shall be applied along side yards or side elevations.  This section is applicable to both interior side yards and side yards that abut streets.
        a.    Treatment 1 - Maximum Side Yard Plane.
            The side elevation of a structure must be divided into smaller areas or planes to minimize the appearance of bulk when viewed from neighboring properties or a side street. When the side elevation of a primary structure is more than 500 square feet in area, the elevation must be divided into distinct planes of 500 square feet or less.  For the purpose of this standard, areas of side-yard wall planes that are entirely separated from other wall planes are those that result in a change in plane such as a recessed or projecting section of the structure, that projects or recedes at least 2 feet from the adjacent plane, for a length of at least 6 feet.
        b.    Treatment 2 - Side Yard Features.
            i.    The side elevation of a structure shall consist of two or more planes that are offset by a minimum of 16 inches.  The wall planes shall be a minimum of 4 feet in width, and shall result in a change in a wall plane for one full story.
        EXCEPTION:  Window bays may be utilized to satisfy the requirement for offsets.  Such windows shall extend a minimum of twelve inches outward from the main wall of a building and shall form a functional bay or alcove in an interior room.  Bay windows used to meet this requirement shall not be exempt from setback requirements;
        and
            ii.    Walls shall include a roof eave overhang of 16 inches or greater; and
            iii.    Windows and/or doors shall occupy a minimum of fifteen percent of the side elevation facing the street.  All windows shall a window trim that is a minimum of four inches in width.
        c.    Treatment 3 - Screening.
            i.    The applicant shall provide screening and buffering of the wall plane with a minimum of one standard plant unit for every 50 linear feet of side property line or fraction thereof.  Planting shall occur within an area that is defined by the length of the side elevation plus 20 feet beyond the width of the building at either end, and outward 20 feet from the side elevation of the building, towards the side lot line, as shown in LOC Appendix 50.07-F. Standard plant units are defined in LOC Appendix 50.07-G.  All landscape plants shall be grouped and clustered within the side yard to visually break up wall planes into smaller segments.
            ii.    To use the screening option, the following standards must exist or be provided:
                (1)    A minimum distance of 15 feet between dwellings.
                (2)    Columnar tree species shall be used when the setback is less than 10 feet.
                (3)    Root barrier techniques shall be used to avoid root growth damage to foundations.
    5.    Corner Lots - Side Yards That Abut Streets.  As an alternative to the treatments set forth in LOC Section 50.06.060 (4), on a corner lot, either of the following treatments can be used for the side elevation that abuts a street:
        a.    Corner Treatment 1 - Covered Side Porch.  The side yard elevation shall include a covered porch.  The porch shall be a minimum of 80-square feet in area, a minimum of five feet deep, and shall extend along a minimum of 25% of the side elevation that faces the street.  The porch must meet setbacks.
        b.    Corner Treatment 2 - Balcony.  The side yard elevation shall include a second floor balcony.  The balcony shall be a minimum 30-square feet in area, and a minimum of three feet deep.  The balcony may encroach four feet into the setback.
    6.    Long Wall Planes.  To break up building mass and provide greater privacy on narrow lots, on a lot that has greater than 2.5:1 ratio of lot depth to the average of the lengths of the front and rear setback lines, no portion of a residential structure shall exceed 18' high for a cumulative length greater than 60', unless the excess portion of the residential structure more than 18' high beyond the 60' cumulative length is setback not less than 20' from the side lot lines.  See LOC Appendix 50.07-H.


(Ord. 2524, Amended, 06/01/2010, Prior Text; Ord. 2398, Amended, 12/06/2006, Prior Text; Ord. 2333, Add, 07/15/2003)

Section 50.06.065 Garage Appearance and Location - R-0, R-2, R-3, and R-5 Zones.

    1.    Except when a garage is located behind the primary structure or the garage is side or rear loading, as shown in Appendix 50.02-C, the garage appearance and location standards of this section shall apply to the following types of development within the R-0, R-2, R-3, and R-5 Residential Zones:
·    Detached single family dwellings;
·    Zero lot line dwellings; and
·    Duplexes.
    2.    The garage shall comply with subsections (a)-(c) below:
        a.    Not be located closer to the street than the dwelling, unless the exception criteria outlined in subsection (4) below are met.  For the purpose of meeting this standard, the exterior wall of at least one room of habitable space, other than any habitable space above the garage, shall be located closer to the street than the garage door.  Habitable space above a garage shall be considered an acceptable method of meeting this standard for remodeling projects involving homes built prior to August 2004 in the R-5 zone, and July 1, 2010, in the R-0, R-2, and R-3 zones.
        b.    Either:
            i.    Not occupy more than 60% of the width of the front facade of the structure; or
            ii.    For duplexes and zero lot line dwellings, garages may occupy up to 75% of the width of the front facade of the structure when the following criteria are satisfied:
                (1)    The lot width of the lot upon which the duplex is located or the combined total lot width for the two lots upon which the zero lot line dwellings are located is less than 88 feet; and
                (2)    The total combined width of all garage doors does not exceed 36 feet; and
                (3)    Living area is provided above the garage.  The front facade of the living area must have fenestration that is not less than 20% of the facade; and
                (4)    One or more of the following is provided:
                    A.    Pergolas or trellises are provided across the entire front of the garage; or
                    B.    A covered porch occupies at least 25% of the facade; or
                    C.    An enclosed outdoor living space is located between the front of the house, the garage, and the public right-of-way.  The enclosure shall consist of wood, wrought iron, brick, stucco, stone, or other masonry fencing (excluding concrete block) and include an operable entryway gate (see LOC Appendix 50.06.065 (2)(b)(ii)(4)(C)); and
                    (5)    If the garages for the units are adjacent to one another, the horizontal planes of the garage doors shall be offset no less than two feet.
        c.    Comply with at least two of the following standards, to minimize the appearance of the garage:
            i.    Set the garage an additional two feet further from the front property line than the facade of the dwelling;
            ii.    Provide individual garage doors, not to exceed 75 square feet each, for each parking stall;
            iii.    Any individual garage door may not exceed 50% of the width of the façade of the dwelling and garage, or in the case of duplexes and zero lot line dwellings, 50% of the width of the combined façade of the dwellings and garages.  Any garage opening width beyond 50% of the dwelling and garage width must be set back at least 2 feet further from the front property line than the facade of the other garage opening;
            iv.    Provide a decorative trellis or other feature that will provide a shadow line giving the perception that the garage opening is recessed.  The feature shall be provided across the top and along the width of the garage door(s) and shall be at least 12 inches deep and 6 feet tall.
    3.    Multiple Garage Opening Setbacks.  In any instance where a garage or a set of adjacent garages is designed to park 3 or more vehicles, only the garage openings for the first 2 vehicles may occupy the same building plane.  Each additional building plane with a garage opening shall be set back by a minimum of 2 feet from the previous garage building plane.
    4.    Exceptions.  The standards in subsections (2)(a) and (2)(b) shall not apply in any one of the following circumstances:
        a.    Where the average slope of a parcel exceeds 20%,
        b.    Where the width of a parcel is less than 50 feet, or
        c.    Where the garage is proposed to be set back at least 60 feet from the public right-of-way.
    5.    When a side-loading garage wall is exposed to the street or abutting property, the front or side of the exposed garage building wall shall have more than one plane or shall include fenestration equal to at least 10% of the exposed garage wall.
    6.    For garages located at the rear of the primary structure or for side-loading garages, the area of the garage, up to 200 square feet, shall be exempt from lot coverage calculations.
    [Cross-Reference:  See West Lake Grove Design District for West Lake Grove WLG: OC/R-2.5; OC/NC, R-2.5 and R-2.5/W Zones.]


(Ord. 2524, Amended, 06/01/2010, Prior Text; Ord. 2398, Amended, 12/06/2005, Prior Text; Ord. 2333, Add, 07/15/2003)

Article 50.07 Residential - First Addition District (R-6) Zone.

Section 50.07.005 Purpose.

    The FAN R-6 Zone is intended to implement the land use policies of the First Addition Neighborhood Plan.  The purpose of this Zone is to ensure the design quality of proposed development in the neighborhood by:
    1.    Ensuring that proposed building designs are visually compatible with the character of existing structures, maintain adequate light and air between structures, and complement the neighborhood's architectural character.
    2.    Minimizing the visual impact of garages from the street, and to continue established alley uses and functions such as access to garages, off-street parking and trash removal.
    3.    Encouraging compatible and sensitive remodeling and renovation of existing residences.
    4.    Preserving the small-town character of the existing streetscape by allowing single family development that is human scale and pedestrian oriented.
    5.    Enhancing the natural environment of the neighborhood as one of its dominant characteristics.
    6.    Preserving FAN's historical and architectural character by encouraging infill development that is compatible in design character to Landmark structures on abutting lots.


(Ord. No. 2316, Added, 03/05/2002, Prior Text)

Section 50.07.010 Permitted Uses.

    Uses permitted in the R-6 zone are as follows:
    1.    One single family dwelling per lot.
    2.    Zero lot line dwellings.
    3.    Raising of produce provided no sales office is maintained on the lot.
    4.    Animals kept for owner’s use with no commercial activity allowed.
    5.    Home occupations.
    6.    Minor public facilities, including collocated telecommunications facilities but excluding new telecommunications facilities.
    7.    Cluster developments.
    8.    Group care facilities.
    9.    One secondary dwelling unit per lot.
    10.    Family day care facility.


(Ord. No. 2243, Amended, 04/02/2002, Prior Text; Ord. No. 2316, Added, 03/05/2002)

Section 50.07.015 Conditional Uses.

    Uses Allowed.  Conditional uses in the R-6 zone are as follows:
    1.    Institutional uses.
    2.    Major public facilities.
    3.    Private recreational uses that are predominately of an open space character, such as golf courses, hunt clubs, or other similar uses.
    4.    New telecommunications facilities.
    5.    Non-profit office uses in structures on the City's Historical Landmarks List which are located on arterial streets.  For the purposes of this section, "office uses" include business and management services, except for medical or dental offices.
    [Cross-Reference: LOC 50.69.090 - Specific Standards for Conditional Uses in the R-6 Zone.]


(Ord. No. 2316, Added, 03/05/2002)

Section 50.07.020 Lot Size, Lot Dimensions, Density Transfer.

    1.    Except as otherwise provided in this section, the minimum lot size and dimensions in the R-6 Zone are as follows:
        a.    Minimum lot area per single family unit:  6,000 sq. ft.
        b.    Minimum lot width at the building line:  50 feet
        c.    Minimum lot depth:  100 feet.
    2.    Lot sizes and dimensions may be reduced for projects reviewed as planned developments, pursuant to Article 50.17, and as provided by subsection (3) of this section. However, the overall density allowed on the site may not be exceeded except as allowed by LOC 50.08.020 (2) and subsection (3) of this section.
    3.    Up to a 25% reduction in minimum required lot area for each dwelling unit shall be allowed in the R-6 zone to permit the relocation of a designated historic landmark, when relocation has been approved by the designated hearing body in conformance with the provisions of LOC Chapter 58.
    4. For projects on properties subject to an RP or RC designation, lot areas may be modified as provided in LOC 50.16.045.


(Ord. No. 2316, Added, 03/05/2002)

Section 50.07.025 Yard Setbacks.

    1.    Except as otherwise provided in this section, LOC 50.16.040, 50.22.010, 50.22.025, 50.22.030, or 50.22.035, the following minimum yard setbacks are required for development in the R-6 zone.

R-6 Minimum Yard Setbacks  



Primary Structures  
Accessory Structures  
< 600 sq. ft. and with walls < 10 ft. in height below the eave  


Other Accessory  
Structures  
Garage-Vehicle Opening  
(Also see LOC Section 50.07.047, Garage Appearance and Location)  
Front  
20 feet  
20 feet  
20 feet  
15 feet behind the front building line of the house (excluding a porch)  

Side  
Adjacent  
to a Street  
Arterial/Collector: 20 feet  
Local: 7.5 feet provided there is no less than 20 feet between the road surface and the structure  
Arterial/Collector: 20 feet
Local: 7.5 feet provided there is no less than 20 feet between the road surface and the structure  
Arterial/Collector: 20 feet  
Local: 7.5 feet provided there is no less than 20 feet between the road surface and the structure  
Arterial/Collector: 20 feet  
Local: 15 feet  
Side  
7.5 feet  
5 feet  
7.5 feet  
7.5 feet  
Rear  
15 feet  
5 feet  
15 feet  
15 feet  

    2.    A projecting covered front porch may extend into the front yard setback up to 6 feet.
    3.    Eaves, bay windows, chimneys and other decorative features that do not expand the plane of the primary exterior wall may extend into the yard setback areas as long as minimum fire code distances are met.
    4.    Primary and accessory structures built before July 1, 2010, are subject to the following minimum side yard setbacks:

Primary and Accessory Structures Built Before July 1, 2010,  
or Additions to Those Structures  

Structures < 18 feet in height:  

Structures > 18 feet in height:  

5 feet
5 feet minimum width on a side, 15 feet cumulative, except a multi-story structure may have a smaller side yard setback than required by this section where the ground floor is setback a minimum of 5 feet and the remainder of  the structure is stepped back from the building line by at least four feet on each side.  



(Ord. 2524, Amended, 07/01/2010, Prior Text; Ord. 2398, Amended, 12/06/2005, Prior Text; Ord. 2333, Amended, 07/15/2003, Prior Text; Ord. 2316, Added, 03/05/2002)

Section 50.07.027 Minimum Density: R-6 Zone.

    When subdivisions are proposed in the R-6 Zone, a minimum density of 80% of the maximum allowed by the zone is required.  For purposes of this section, the number of lots required shall be determined by dividing the net developable square footage by the minimum lot size per unit required by the underlying zone, and multiplying this number by .8.  The result shall be rounded up for any product with a fraction of .5 or greater and rounded down for any product with a fraction of less than .5.  The requirements of this section are subject to the exceptions contained in LOC 50.22.100.


(Ord. No. 2309A, Added, 03/05/2002, Prior Text)

Section 50.07.030 Height of Primary Structures.

    1.    Base Height.  Primary structures shall not exceed 28 feet in height, except as otherwise specified in subsections (2) or (3) below.
    2.    Exceptions to the Base Building Height.  A greater height than otherwise permitted is allowed for roof forms, or architectural features, such as cupolas or dormers provided that these roof forms or features:
        a.    Do not extend more than 6 feet above the maximum specified base height;
        b.    Do not, in total, exceed one-third of the width of the building for an individual roof form or projection or do not exceed one-half of the width of the building for two or more separate roof forms or projections, as measured on any elevation drawing; and
        c.    Do not, in total, cover more than 20% of the roof area on which they are located, as viewed from directly above for an individual roof form or projection or 30% for multiple roof forms or projections.
    Examples of permitted exceptions are illustrated in LOC Appendix 50.06-A.
    3.    Height Adjustment for Sloping Topography.  Base building height across the site shall be established by a flat plane measured at 28 feet above the highest point of the natural grade within the building envelope, except that in no case shall the base height be greater than 32 feet above the natural grade.  See LOC Appendix 50.07.030 (3).
    [Cross-References:  Accessory Structure Height: see LOC 50.07.045, Accessory Structures; Height Limitation: see Charter Section 46A for 50 ft. Maximum Height of Structures in Residential Areas.]


(Ord. 2524, Amended, 06/01/2010, Prior Text; Ord. 2398, Amended, 12/06/2005, Prior Text; Ord. 2333, Amended, 07/15/2003, Prior Text; Ord. 2316, Added, 03/05/2002, Prior Text)

Section 50.07.035 Lot Coverage.

    1.    Lot coverage in the R-6 zone shall not exceed the lot coverage standards found in Table 50.07.035 below:

    TABLE 50.07.035
Lot Coverage in the R-6 Zone  

Lot size in sq. ft.  
Base Height of Structure at Highest Grade  
20’  
or less  
>20’  
to 21’  
>21’  
to 22’  
>22’  
to 23’  
>23’  
to 24’  
>24’  
to 25’  
>25’  
to 26’  
>26’  
to 27’  

>27’  
7,000 or less  
45%  
43%  
42%  
40%  
38%  
36%  
35%  
35%  
35%  
>7,000 - 8,500  
36%  
36%  
36%  
36%  
36%  
36%  
35%  
34%  
33%  
>8,500 – 10,000  
35%  
35%  
35%  
35%  
34%  
33%  
32%  
31%  
30%  
>10,000 - 11,500  
35%  
35%  
35%  
33%  
31%  
30%  
29%  
28%  
27%  
>11,500  
35%  
34%  
33%  
30%  
28%  
27%  
25%  
25%  
25%  

        For purposes of regulating lot coverage in relation to building height, base building height shall be established by a flat plane measured from the highest point of the natural grade within the building envelope, provided that the height is no more than four feet higher than the base height listed in Table 50.07.035.
    2.    Decks less than 5 feet above grade, stairs, pergolas, trellises or other landscaping structures, and concrete slabs shall be exempt from lot coverage calculations.
    3.    No more than 60% of the lot may be covered with impervious surfaces
    4.    Provided it is the only garage on the site, the ground floor area of a detached garage area shall be exempt from lot coverage calculations:
        a.    For lots less than or equal to 10,000 square feet in area - up to 200 square feet.
        b.    For lots greater than 10,000 square feet in area - up to 400 square feet.  
    5.    Habitable areas of detached accessory structures that would normally be counted as floor area shall be exempt from floor area calculations:
        a.    For lots less than or equal to 10,000 square feet in area - up to 200 square feet.
        b.    For lots greater than 10,000 square feet in area - up to 400 square feet.


(Ord. 2524, Amended, 06/01/2010, Prior Text; Ord. 2398, Amended, 12/06/2005, Prior Text; Ord. 2333, Amended, 07/15/2003, Prior Text; Ord. 2316, Added, 03/05/2002)

Section 50.07.037 Maximum Floor Area.

    1.    For purposes of calculating maximum floor area for dwellings in the R-6 zone, the floor area of garages and accessory structures shall be included in the total that is subject to the maximum floor area standard of this section.
    2.    The maximum floor area per lot in the R-6 zones shall not exceed the floor area calculated according to the following formula:
Maximum Floor Area per Lot = 2750 square feet + [(actual lot size - 6000 square feet) x 0.19] + a 500 square foot floor area allowance per residential unit providing a garage.
    3.    Floor area for uses other than outright permitted residential development and their accessory uses shall be as follows:
        a.    The FAR for uses listed as conditional uses shall be established as part of the conditional use process.
        b.    The FAR for other non-residential uses shall not exceed 1:1.
    4.    Decks less than 5 feet above grade, stairs, pergolas, trellises or other landscaping structures, and concrete slabs shall be exempt from floor area calculations.
    5.    Provided only one garage is provided, habitable areas of detached accessory structures that would normally be counted as floor area for purposes of floor area calculations, shall be exempt as follows in the floor area calculations:
        a.    For lots less than or equal to 10,000 square feet in area - up to 200 square feet.
        b.    For lots greater than 10,000 square feet in area - up to 400 square feet.


(Ord. 2524, Added, 06/01/2010)

Section 50.07.040 Structure Design.

    1.    Roof Design.  The minimum roof pitch for primary roof forms of a single family dwelling shall be 6:12.  Shed type and flat roofs are not permitted as primary roof forms on single family dwellings.  Secondary roof forms, such as sunrooms, balconies, dormers, porticos, or bays may be flat or shed roof types (See Appendix 50.07-A).
    2.    Front Porch Required.  All new dwellings shall include a covered front porch a minimum width of 50% of the building width at the front building line and six feet deep.  Porch supports shall be provided and shall be wood or masonry or a solid material with the appearance of wood or masonry.
    3.    Street Front Setback Plane.
        a.    Except as set forth in LOC 50.07.040 (3)(c), the profile of a structure that fronts on a street shall fit behind a plane that starts at the setback line (front yard or side yard abutting a street) and extends upward to 20 feet in height, then slopes toward the center of the lot, up to 28 feet in height at the, highest point of the roof, as illustrated in LOC Appendix 50.07-C.  The slope of the street-front setback plane is dependent upon whether it applies to a front yard or side yard abutting a street, as follows:
            i.    Front yard - 6:12 slope.
            ii.    Side yard abutting a street - 12:12 slope.
        This requirement shall not apply to flag lots.
        b.    Exceptions to the street-front setback plane.  Any individual roof form may penetrate the street-front setback plane if it is less than one-third of the structure width.  Two or more separate and distinct roof forms, such as dormers, may project into the street-front setback plane if they are less than one-half of the structure width.  See LOC Appendix 50.07-D.
        c.    Street front setback Plane on Sloped Lots.
            i.    Down Slope (Steeply sloped lots sloping, downhill away from the street).  On sloped lots where the average elevation of the ground surface at the setback line fronting a street is below the average elevation of the centerline of the street, the elevation at which the street front setback plane height is measured shall be the average elevation of the centerline of the street, as illustrated in LOC Appendix 50.07-I.  For this measurement, the average elevation of the street centerline shall be measured at points along the street centerline where a perpendicular line extended from the centerline would intersect the abutting property corners, as illustrated in LOC Appendix 50.07-J.
            ii.    Upslope.  (Steeply sloped lots, sloping uphill away from the street).  On sloped lots that rise up in elevation from the street or right-of-way and where the average lot slope is 25% or more as measured from the lot line abutting a street to the most distant point of the dwelling, the street front setback plane shall be determined as follows: the front profile of a structure shall fit behind a plane that starts at the setback line fronting a street and extends upward, to 24 feet in height, then slopes toward the center of the lot at a slope equal to the average lot slope for a horizontal distance of ten feet, at which point the structure may rise to the maximum allowed height for the lot as set forth in LOC 50.07.030.  The standard is illustrated in LOC Appendix 50.07-K.
    4.    Side Yard Setback Plane - Interior Yards.
        a.    Except as set forth in section (c) below, the side profile of a structure shall fit behind a plane that starts at the side property line and extends upward to 12 feet and slopes toward the center of the lot at a slope of 12:12 up to the maximum allowed height at the peak as illustrated in LOC Appendix 50.07-E.
        b.    Roof forms may penetrate into the side yard setback plane required under (a) above as follows:
            i.    Any individual roof form may penetrate the side setback plane if it is less than one-third of the structure length.  Two or more separate and distinct roof forms such as dormers or gables may project into the side setback if they are less than one-half of the structure length.
            ii.    Building projections allowed under LOC 50.22.045 may project up to 2 feet into the side yard setback plane.  Chimneys are exempt from the setback plane requirement.
        c.    On steeply sloped lots that are upslope from the abutting street, no side yard setback plane is required.  [Cross-Reference:  See LOC 50.20.005, Lot, Steeply Sloped.]
    5.    Side Yard Appearance and Screening.
        At least one of the following design treatments shall be applied along side yards or side elevations.  This section is applicable to both interior side yards and side yards that abut streets.
        a.    Treatment 1 - Maximum Side Yard Plane.
            i.    The side elevation of a structure must be divided into smaller areas or planes to minimize the appearance of bulk when viewed from neighboring properties or a side street. When the side elevation of a primary structure is more than 500 square feet in area, the elevation must be divided into distinct planes of 500 square feet or less.  For the purpose of this standard, areas of side-yard wall planes that are entirely separated from other wall planes are those that result in a change in plane such as a recessed or projecting section of the structure, that projects or recedes at least two feet from the adjacent plane, for a length of at least 6 feet.
        ii.    The maximum side yard plane may be increased by 10% on a side for every additional 5 feet of side yard setback provided beyond the minimum required by the zone, on the side property line.
        b.    Treatment 2 - Side Yard Features.
            i.    The side elevation of a structure shall consist of two or more planes that are offset by a minimum of 16 inches.  The wall planes shall be a minimum of 4 feet in width, and shall result in a change in a wall plane for one full story.
        EXCEPTION:  Window bays may be utilized to satisfy the requirement for offsets.  Such windows shall extend a minimum of twelve inches outward from the main wall of a building and shall form a functional bay or alcove in an interior room.  Bay windows used to meet this requirement shall not be exempt from setback requirements;
            and
            ii.    Walls shall include a roof eave overhang of 16 inches or greater; and
            iii.    Windows and/or doors shall occupy a minimum of fifteen percent of the side elevation facing the street.  All windows shall a window trim that is a minimum of four inches in width.
        c.    Treatment 3 - Screening.
            i.    The applicant shall provide screening and buffering of the wall plane with a minimum of one standard plant unit for every 50 linear feet of side property line or fraction thereof.  Planting shall occur within an area that is defined by the length of the side elevation plus 20 feet beyond the width of the building at either end, and outward 20 feet from the side elevation of the building, towards the side lot line, as shown in LOC Appendix 50.07-F. Standard plant units are defined in LOC Appendix 50.07-G.  All landscape plants shall be grouped and clustered within the side yard to visually break up wall planes into smaller segments.
            ii.    To use the screening option, the following standards must exist or be provided:
                (1)    A minimum distance of 15 feet between dwellings.
                (2)    Columnar tree species shall be used when the setback is less than 10 feet.
                (3)    Root barrier techniques shall be used to avoid root growth damage to foundations.
    6.    Corner Lots - Side Yards That Abut Streets.  As an alternative to the treatments set forth in LOC Section 50.07.040 (5), on a corner lot, either of the following treatments can be used for the side elevation that abuts a street:
        a.    Corner Treatment 1 - Covered Side Porch.  The side yard elevation shall include a covered porch.  The porch shall be a minimum of 80-square feet in area, a minimum of five feet deep, and shall extend along a minimum of 25% of the side elevation that faces the street.  The porch must meet setbacks.
        b.    Corner Treatment 2 - Balcony.  The side yard elevation shall include a second floor balcony.  The balcony shall be a minimum 30-square feet in area, and a minimum of three feet deep.  The balcony may encroach four feet into the setback.
    7.    Long Wall Planes.  To break up building mass and provide greater privacy on narrow lots, on a lot that has greater than 2.5:1 ratio of lot depth to the average of the lengths of the front and rear setback lines, no portion of a residential structure shall exceed 18' high for a cumulative length greater than 60', unless the excess portion of the residential structure more than 18' high beyond the 60' cumulative length is setback not less than 20' from the side lot lines.  See LOC Appendix 50.07-H.


(Ord. 2524, Amended, 06/01/2010, Prior Text; Ord. 2398, Amended, 12/06/2005, Prior Text; Ord. 2333, Amended, 07/15/2003, Prior Text; Ord. 2316, Added, 03/05/2002)

Section 50.07.045 Accessory Structures.

    1.    Floor Area:  An accessory structure £ 18 feet in height shall not exceed 800 sq. ft. or the square footage of the ground floor area of the primary structure, whichever is less.  An accessory structure >18 feet in height shall not exceed 600 square feet or the square footage of the ground floor area of the primary structure, whichever is less.
    2.    Height:  The maximum height of an accessory structure shall be 24 feet, except that no accessory structure shall be taller than the primary structure.
    3.    Yard Setbacks:  See LOC 50.07.025 for side and rear yard setbacks for accessory structures. Accessory structures on abutting lots may not be built with common party walls.
    4.    Roof:  Roof pitch on an accessory structure shall either match the pitch of the primary structure or be a minimum pitch of 6:12.
    


(Ord. 2398, Amended, 12/06/2005, Prior Text; Ord. 2333, Amended, 07/15/2003, Prior Text; Ord. 2346, Amended, 06/10/2003, Prior Text; Ord. 2316, Added, 03/05/2002)

Section 50.07.047 Garage Appearance and Location.

    1.    Garages.  In addition to compliance with LOC 50.07.025 (accessory structure setback requirements) and 50.07.045, a garage shall comply with the following requirements:
        a.    Garages shall be accessed from an alley, if available.  If a property is located on a corner lot, garages may also be accessed from the street that abuts the side of the primary dwelling when the following criteria are met:
            i.    The garage is located between the primary structure and the alley,
            ii.    The garage is set back a minimum of 15 feet from the side street property line, and
            iii.    The garage is set back a minimum of 2 feet from a line extended from the side elevation of the primary dwelling to the rear lot line, and behind the primary structure.  See Appendix 50.07-B.
        b.    For interior lots, garages shall be located so that the garage is set back a minimum of 15 feet behind the front building line of the house (excluding a porch).  See Appendix 50.07-B.
        c.    When a side or rear-loading garage wall is exposed to the street or abutting property, the front or side of the exposed garage building wall shall have more than one plane or shall include fenestration equal to at least 10% of the exposed garage wall.
        d.    Where no alley access is available, the garage shall either:
            i.    Not occupy more than 60% of the width of the facade of the structure, or
            ii.    For zero lot line dwellings, garages may occupy up to 75% of the width of the front facade of the structure when the following criteria are satisfied:
                (1)    The combined total lot width for the two lots upon which the zero lot line dwellings are located is less than 88 feet; and
                (2)    The total combined width of all garage doors does not exceed 36 feet; and
                (3)    Living area is provided above the garage.  The front façade of the living area must have fenestration that is not less than 20% of the facade; and
                (4)    One or more of the following is provided:
                    A.    Pergolas or trellises are provided across the entire front of the garage; or
                    B.    A covered porch occupies at least 25% of the façade.
                (5)    If the garages for the units are adjacent to one another, the horizontal planes of the garage doors shall be offset no less than two feet.
    2.    This section shall not apply to secondary dwelling units, which shall be governed by the requirements for the primary structure and LOC 50.30.010.


(Ord. 2524, Amended, 06/01/2010, Prior Text; Ord. 2398, Added, 12/06/2005)

Section 50.07.050 Parking.

    1.    Required off street parking spaces shall be paved with concrete, masonry, asphalt, gravel, grasscrete products or a combination of listed materials.
    2.    Defined parking areas may be created anywhere between the abutting property line and 3 feet from the edge of the existing paved travel lane, except that a designated parking area shall not conflict with an existing pedestrian walkway.  If this area is currently paved with asphalt or other hard surface material, it may remain hard surfaced.  Otherwise, on street parking shall be paved with gravel.


(Ord. No. 2316, Added, 03/05/2002, Prior Text)

Section 50.07.055 Alleys.

    Alleys shall be surfaced in the following manner:
    1.    Alleys that serve single family residences only shall be paved with gravel or permeable material.
    2.    Alleys that serve commercial, multi-family, town house, row house, or duplex development, major public facilities structures, or institutional uses shall be paved with asphalt or concrete.


(Ord. 2398, Amended, 12/06/2005, Prior Text; Ord. 2316, Added, 03/05/2002, Prior Text)

Section 50.07.060 Street Trees.

    Two (2) street trees for every 50 feet of street frontage are required as a condition of approval of a new structure.  Existing street trees can be counted in order to comply with this requirement, as long as the type, location and viability of the existing trees are sufficient to provide a full streetscape of trees.


(Ord. No. 2316, Added, 03/05/2002, Prior Text)

Section 50.07.065 Administrative Modification.

    1.    Notwithstanding LOC Article 50.68 (Variances), the City Manager may grant an administrative modification to the lot coverage, front, and garage yard setback requirements of the underlying zone, in the following amounts:
        a.    Lot coverage:  Up to 200 sq. ft.
        b.    Front Yard Setback:  Up to 2 feet.
        c.    Garage front yard setback:  Up to 10 feet
    2.    The granting authority may grant an administrative modification pursuant to (1)(a), (b) or (c), above, if:
        a.    The proposed development makes desirable visual linkages between surrounding buildings by repeating or incorporating similar ridge lines, eaves, window and door openings; or
        b.    The requested modification results in a development that is designed more compatibly with the topography and/or physical limitations of the site; or
        c.    The requested modification will enhance or better protect a significant natural feature(s) on the site (RC or RP Overlay districts); or
        d.    The proposed development provides visual continuity and cohesiveness with any abutting historic landmarks through the incorporation of style features, proportions and massing of the landmark structure.
    3.    An administrative modification shall be processed as a minor development pursuant to the review procedures for minor development contained in LOC Article 50.79.


(Ord. 2398, Amended, 12/06/2005, Prior Text; Ord. 2316, Added, 03/05/2002, Prior Text)

Section 50.07.070 FAN Advisory Opinion.

    The City Manager may request an advisory opinion from the First Addition Neighborhood Association regarding interpretation or application of standards and requirements of the R-6 zone.


(Ord. No. 2316, Added, 03/05/2002)

Article 50.08 Residential - Low Density R-7.5, R-10, and R-15 Zones.

Section 50.08.005 Purpose (Reserved).




(Ord. No. 2316, Added, 03/05/2002, Prior Text)

Section 50.08.010 Permitted Uses; R-7.5, R-10, and R-15 Zones.

    Uses permitted in the R-7.5, R-10 and R-15 zones are as follows:
    1.    One single family dwelling per lot.  Single family detached dwellings and accessory structures associated with such dwellings located within the boundaries of the First Addition Neighborhood Association, as they now exist or hereafter may be amended by ordinance of the City Council, shall be developed and altered pursuant to the standards for such dwellings contained in LOC 50.07.025 (2) and (4), 50.07.040, 50.07.045, and 50.07.065.
    2.    Zero lot line dwellings.
    3.    Raising of produce, provided no sales office is maintained on the lot.
    4.    Large animals kept for owner's use with no commercial activity are permitted only in the R-10, R-15 zones and only under the following conditions:
        a.    The lot area shall be a minimum of one acre. The total number of large animals allowed on a specific property shall be determined by dividing the total area of the property by 15,000 square feet per animal over the age of six months.
        b.    Animal runs or barns shall not be closer than 70 feet from the front property line and not closer than 35 feet from a side or rear property line.
        c.    Animals shall be properly housed and proper sanitation shall be maintained with food, other than hay or fodder, stored in metal or other rodent-proof receptacles.
    5.    Home occupation.
    6.    Minor public facilities, including collocated telecommunications facilities but excluding new telecommunications facilities.
    7.    Cluster developments.
    8.    Group care facilities.
    9.    One secondary dwelling unit per lot.
    10.    Family day care facility.


(Ord. 2398, Amended, 12/05/2006, Prior Text; Ord. 2243, Amended, 04/02/2002, Prior Text; Ord. 2316, Added, 03/05/2002)

Section 50.08.015 Conditional Uses; R-7.5, R-10, and R-15 Zones.

    Conditional uses in the R-7.5, R-10 and R-15 zones are as follows:
    1.    Institutional uses.
    2.    Golf course, hunt club, or other similar open land private recreational uses.
    3.    Major public facilities.
    4.    New Telecommunications Facilities.
    5.    Non-profit office uses in structures on the City's Historical Landmarks List which are located on arterial streets.  For the purposes of this section, "office uses" include business and management services, except for medical or dental offices.
    6.    Residential care housing.
    7.    Congregate housing.
    [Cross-Reference:  For subsections (6) and (7):  See LOC 50.69.057, Specific Standards Applicable to Residential Care Housing Facilities and Congregate Housing in R-7.5, R-10 and R-15 Zones].


(Ord. No. 2243, Amended, 04/02/2002, Prior Text; Ord. No. 2316, Added, 03/05/2002)

Section 50.08.020 Maximum Density, Density Bonus.

    1.    a.    The maximum density for each site in the R-7.5, R-10, and R-15 zones, expressed in number of dwelling units per net developable acre is computed by dividing the net developable acreage by the minimum lot area per unit and rounding down to the nearest whole number.
        b.    The actual density allowed on a site will be determined at the time of development review. Maximum, density will be allowed to the extent that facts presented to the hearings body show that development at that density can occur within requirements set forth in the Development Standards.
    2.    The maximum density in the R-7.5, R-10 and R-15 zones may be increased if specifically allowed by the terms of this Code. The maximum density bonus will be determined by the specific applicable Code provision. However, the total number of allowable units shall not exceed by more than 25% the number of units allowed in the zone.


(Ord. No. 2243, Amended, 04/02/2002, Prior Text; Ord. No. 2316, Added, 03/05/2002)

Section 50.08.025 Lot Size; Lot Dimensions; Density Transfer.

    1.    Except as otherwise provided in this section, the minimum lot area for each dwelling unit and minimum lot dimensions for each zone are as follows:

        

    2.    Lot sizes and dimensions may be reduced for projects reviewed as planned developments, pursuant to LOC Article 50.17, and as provided by subsection (3) of this section. However, the overall density allowed on the site may not be exceeded except as allowed by LOC 50.08.020 (2) and subsection (3) of this section.
    3.    Up to a 25% reduction in minimum required lot area for each dwelling unit shall be allowed in the R-7.5, R-10 and R-15 zones to permit the relocation of a designated historic landmark, when relocation has been approved by the designated hearing body in conformance with the provisions of LOC Chapter 58.
    4.    For projects on properties subject to an RP or RC designation, lot areas may be modified as provided in LOC 50.16.045.


(Ord. No. 2316, Added, 03/05/2002)

Section 50.08.027 Minimum Density: R-7.5, R-10, and R-15 Zones.

    When subdivisions are proposed in the R-7.5, R-10, or R-15 Zones, a minimum density of 80% of the maximum allowed by the zone is required.  For purposes of this section, the number of lots required shall be determined by dividing the net developable square footage by the minimum lot size per unit required in the underlying zone, and multiplying this number by .8. The result shall be rounded up for any product with a fraction of .5 or greater and rounded down for any product with a fraction of less than .5.  The requirements of this section are subject to the exceptions contained in LOC 50.22.100.


(Ord. No. 2309A, Added, 03/05/2002, Prior Text)

Section 50.08.030 Yard Setbacks.

    1.    Except as otherwise provided in this section, LOC 50.16.040, 50.22.010, 50.22.025, 50.22.030, or 50.22.035, the following yard setbacks are required for in each zone:
Primary and Accessory Structures

Primary Structures

Accessory Structures

Zone
Front
Yard
Side Yard Adjacent to a Street

Other Side Yards
Rear
Yard

Side and Rear Yards
Portions of Structures
<   18 feet
in height
Portions of Structures
> 18 feet
in height

Structure
< 18 feet
in height
Structure
> 18 feet
in height
R-7.5
25 feet
20 feet on arterial and collector, 15     feet on local streets
5 feet min.
width, total
combined
width 15 feet
10 feet
30 feet
5 feet, side
10 feet, rear
10 feet, side
15 feet, rear
R-10
25 feet
20 feet on arterial and collector, 15 feet on local streets
10 feet
15 feet
30 feet
10 feet, side
15 feet, rear
15 feet
R-15
25 feet
20 feet on arterial and collector, 15 feet on local streets
10 feet
15 feet
30 feet
10 feet, side
15 feet, rear
15 feet

    2.    Zero lot line units must comply with all required setbacks except for the area of the common wall or walls.
    3.    Setbacks for a planned development will be determined at the time of review pursuant to LOC Article 50.17. The maximum setback that can be required is 35 feet.
    4.    Front lot lines on corner lots may face either street. The City Manager shall determine the front lot line after taking into consideration the orientation of structures on the site and nearby lots, the ability to meet setbacks without variances, and physical site or solar access limitations. Street access should be to local streets.
    5.    Setbacks required by this section may be reduced pursuant to the provisions of LOC 57.06.090 without the need to receive a variance pursuant to this Code.
    6.    Special Setbacks for Steeply Sloped Lots.  Where the average lot slope is 25% or more, the minimum required front yard setback for detached dwellings shall be 18 feet.


(Ord. 2524, Amended, 06/01/2010, Prior Text; Ord. 2398, Amended, 12/06/2005, Prior Text; Ord. 2333, Amended, 07/15/2003, Prior Text; Ord. 2316, Added, 03/05/2002, Prior Text)

Section 50.08.035 Height of Structures.

    1.    Maximum Base Height.  Except as provided in subsection (2) below, a primary structure shall not exceed the following maximum base heights:



Zone  
Maximum Base Height  
Flat Lot  
Lot with Sloping  
Topography  
Sloped Lot  
R-7.5  
28 feet  
32 feet*  
35 feet  
R-10  
30 feet  
34 feet*  
35 feet  
R-15  
35 feet  
35 feet  
35 feet  

        *Lots with Sloping Topography – Maximum base height across the site shall be established by a flat plane measured at 28 feet (R-7.5 zone) or 30 feet (R-10 zone) above the highest point of the natural grade within the building envelope, except that in no case shall the base height be greater than 32 feet (R-7.5 zone) or 34 feet (R-10 zone) above the natural grade. See LOC Appendix 50.07.030 (3).
    2.    Exceptions to Maximum Building Height.  A greater height than otherwise permitted is allowed for:
        a.    Single family dwellings - Base building height may be increased by one foot for every five additional feet in yard setback on all sides, beyond the minimum code standards provided in subsection (1) above; or
        b.    Any structure - roof forms, or architectural features, such as, cupolas or dormers, provided that these roof forms or features:
            i.    Do not extend more than 6 feet above the maximum specified base height;
            ii.    Do not, in total, exceed one-third of the width of the building or buildings as measured on any elevation drawing for an individual roof form or projection or do not exceed one-half of the width of the building for two or more separate roof forms or projections; and,
            iii.    Do not, in total, cover more than 20% of the roof area on which they are located as viewed from directly above for an individual roof form or projection or 30% for multiple roof forms or projections.
        Examples of permitted exceptions are illustrated in Appendix 50.06-A.
    [Cross-References: Accessory Structure Height: see LOC 50.08.050, Accessory Structures; Height Limitation: see Charter Section 46A for 50 ft. Maximum Height of Structures in Residential Areas; Height Measure: see LOC 50.22.015, General Exception to Structure Height Limitations.]


(Ord. 2524, Amended, 06/01/2010, Prior Text; Ord. 2398, Amended, 12/06/2005, Prior Text; Ord. 2333, Amended, 07/15/2003, Prior Text; Ord. 2316, Added, 03/05/2002, Prior Text)

Section 50.08.040 Lot Coverage.

    1.    Except:
        a.    As set forth in LOC Article 50.30;
        b.    Lot coverage shall not exceed 30% for a school built to accommodate at least 100 students and that has at least two grades within the range of K-12;
        c.    Lot coverage shall not exceed 30% for a mixed use development that includes a school built to accommodate at least 100 students and that has at least two grades within the range of K-12; and as otherwise specified in this section, the maximum lot coverage shall be established based on the following table:

    TABLE 50.08.040
    Maximum Lot Coverage – R.7.5, R-10, and R-15
Height (ft.)  
of primary structure  
Maximum Lot Coverage (%)  
R-7.5  
R-10  
R-15  
22’ or less  
35 %  
35 %  
35 %  
>22’ to 23’  
33 %  
34 %  
34 %  
>23’ to 24’  
30 %  
32 %  
33 %  
>24’ to 25’  
28 %  
30 %  
32 %  
>25’ to 26’  
25 %  
28 %  
30 %  
>26’ to 27’  
25 %  
27 %  
29 %  
>27’ to 28’  
25 %  
25 %  
28 %  
>28’ to 29’  
25 %  
25 %  
27 %  
>29’ to 30’  
25 %  
25 %  
25 %  
>30’ to 31’  
25 %  
25 %  
25 %  
>31’ to 32’  
25 %  
25 %  
25 %  
>32’ to 33’  
25 %  
25 %  
25 %  
>33’ to 34’  
25 %  
25 %  
25 %  
>34’  
25 %  
25 %  
25 %  

    2.    The garage footprint, including any area directly above or below the garage, shall be exempt from lot coverage as provided below:
        a.    (i)    rear- or side-loading, or
            (ii)    located 20 feet or more back from the closest point of the dwelling to the front lot line, or
            (iii)    in case of corner lots, 20 feet or more back from the closest point of the dwelling to the front and street side lot lines - up to cumulative maximum 200 square feet.
        b.    A detached garage that meets subsection (a) above and the lot is greater than 10,000 square feet in area - up to cumulative maximum 400 square feet.
    


(Ord. 2524, Amended, 06/01/2010; Ord. 2543, Amended, 02/25/2010, Prior Text; Editorial correction, Amended, 03/20/2008, Table 50.08.040, FAR/R-10 section, Prior Text; Ord. 2398, Amended, 12/06/2005, Prior Text; Ord. 2333, Amended, 07/15/2003, Prior Text; Ord. 2316, Added, 03/05/2002, Prior Text)

Section 50.08.042 Maximum Floor Area.

    1.    For purposes of calculating maximum floor area for dwellings in the R-7.5, R-10, and R-15 zones, the floor area of garages and accessory structures shall be included in the total that is subject to the maximum floor area standard of this section.
    2.    The maximum floor area per lot in the R-7.5, R-10, and R-15 zones shall not exceed the floor area calculated according to the formula included in Table 50.08.042.
    TABLE 50.08.042
Maximum Floor Area per Lot

Base Floor Area Calculation
(dependent on lot size)
Bonus Floor Area (based on zone)
Additional floor area allowance per residential unit providing a garage

Zone
3000 square feet +
[(actual lot size – 5800 square feet) x 0.19]

+
600 sq. ft.
R-7.5
750 sq. ft.
R-10
850 sq. ft.
R-15

    3.    Habitable areas of detached accessory structures that would normally be counted as floor area, shall be exempt from floor area calculations:
        a.    For lots less than or equal to 10,000 square feet in area - up to 200 square feet.
        b.     For lots greater than 10,000 square feet in area - up to 400 square feet.
    4.    Maximum floor area for uses other than single family dwellings and their accessory uses shall be as follows:
        a.    The FAR for uses listed as conditional uses shall be established as part of the conditional use process.
        b.    The FAR for other non-residential uses shall be no greater than 1:1.


(Ord. 2524, Added, 06/01/2010, Prior Text)

Section 50.08.045 Structure Design.

    1.    Street Front Setback Plane.
        a.    Except as set forth in LOC 50.08.045 (1)(c), the profile of a structure that fronts on a street shall fit behind a plane that starts at the setback line (front yard or side yard abutting a street) and extends upward to 20 feet in height, then slopes toward the center of the lot up to the maximum allowed height at the highest point of the roof, as illustrated in LOC Appendix 50.07-C.  The slope of the street front setback plane is dependent upon whether it applies to a front yard or side yard abutting a street, as follows:
            i.    Front yard – 6:12 slope,
            ii.    Side yard abutting a street – 12:12 slope.
        b.    Exceptions to the street front setback plane.  Any individual roof form may penetrate the street front setback plane if it is less than one-third of the structure width at 20 feet in height. See LOC Appendix 50.07-D.  Two or more separate and distinct roof forms, such as dormers, may project into the street front setback plane if they are less than one-half of the structure width.
        c.    Street Front Setback Plane on Sloped Lots.
            i.    Down Slope (Steeply sloped lots sloping, downhill away from the street).  On sloped lots where the average elevation of the ground surface at the setback line fronting a street is below the average elevation of the centerline of the street, the elevation at which the street front setback plane height is measured shall be the average elevation of the centerline of the street, as illustrated in LOC Appendix 50.07-I.  For this measurement, the average elevation of the street centerline shall be measured at points along the street centerline where a perpendicular line extended from the centerline would intersect the abutting property corners, as illustrated in LOC Appendix 50.07-J.
            ii.    Upslope.  (Steeply sloped lots, sloping uphill away from the street). On sloped lots that rise up in elevation from the street or right-of-way and where the average lot slope is 25% or more as measured from the lot line abutting a street to the most distant point of the dwelling, the street front setback plane shall be determined as follows: the front profile of a structure shall fit behind a plane that starts the setback line fronting a street and extends upward, to 24 feet in height, then slopes toward the center of the lot at a slope equal to the average lot slope for a horizontal distance of ten feet, at which point the structure may rise to the maximum allowed height for the lot as set forth in LOC 50.08.035.  The standard is illustrated in LOC Appendix 50.07-K.
    2.    Side Yard Setback Plane – Interior Yards.
        a.    Except as set forth in section (c) below, the side profile of a structure shall fit behind a plane that starts at the side property line and extends upward to 12 feet and slopes toward the center of the lot at a slope of 12:12 up to the maximum allowed height at the peak as illustrated in LOC Appendix 50.07-E.
        b.    Roof forms may penetrate into the side yard setback plane required under (a) above as follows:
            i.  Any individual roof form may penetrate the side setback plane if it is less than one-third of the structure length at 12 feet in height.  Two or more separate and distinct roof forms such as dormers or gables may project into the side setback plane if they are less than one-half of the structure length at 12 feet in height.
            ii.    Building projections allowed under LOC 50.22.045 may project up to 2 feet into the side yard setback plane.  Chimneys are exempt from the setback plane requirement.
        c.    On steeply sloped lots that are upslope from the abutting street, no side yard setback plane is required.  [Cross-Reference:  See 50.02.005, Lot, Steeply Sloped.]
    3.    Side Yard Appearance and Screening.
        At least one of the following design treatments shall be applied along side yards or side elevations.  This section is applicable to both interior side yards and side yards that abut streets.
        a.    Treatment 1 - Maximum Side Yard Plane.
            i.    The side elevation of a structure must be divided into smaller areas or planes to minimize the appearance of bulk to properties abutting the side elevations of a primary structure. When the side elevation of a primary structure is more than 750 square feet in area, the elevation must be divided into distinct planes of 750 square feet or less.  For the purpose of this standard, areas of side-yard wall planes that are entirely separated from other wall planes are those that result in a change in plane, such as a recessed or projecting section of the structure, that projects or recedes at least 2 feet from the adjacent plane, for a length of at least 6 feet.
            ii.     The maximum side yard plane may be increased by 10% on a side for every additional 5 feet of side yard setback provided beyond the minimum required by the zone, on the side property line.
        b.    Treatment 2 - Side Yard Features.
            i.    The side elevation of a structure shall consist of two or more planes that are offset by a minimum of 16 inches.  The wall planes shall be a minimum of 4 feet in width, and shall result in a change in a wall plane for one full story.
        EXCEPTION:  Window bays may be utilized to satisfy the requirement for offsets.  Such windows shall extend a minimum of twelve inches outward from the main wall of a building and shall form a functional bay or alcove in an interior room.  Bay windows used to meet this requirement shall not be exempt from setback requirements;
            and
            ii.    Walls shall include a roof eave overhang of 16 inches or greater; and
            iii.    Windows and/or doors shall occupy a minimum of fifteen percent of the side elevation facing the street.  All windows shall a window trim that is a minimum of four inches in width.
        c.    Treatment 3 - Screening.
            i.    The applicant shall provide screening and buffering of the wall plane with a minimum of one standard plant unit for every 50 linear feet of side property line or fraction thereof.  Planting shall occur within an area that is defined by the length of the side elevation plus 20 feet beyond the width of the building at either end, and outward 20 feet from the side elevation of the building, towards the side lot line, as shown in LOC Appendix 50.07-F. Standard plant units are defined in LOC Appendix 50.07-G.  All landscape plants shall be grouped and clustered within the side yard to visually break up wall planes into smaller segments.
            ii.    To use the screening option, the following standards must exist or be provided:
                (1)    A minimum distance of 15 feet between dwellings.
                (2)    Columnar tree species shall be used when the setback is less than 10 feet.
                (3)    Root barrier techniques shall be used to avoid root growth damage to foundations.
    4.    Corner Lots - Side Yards That Abut Streets.  As an alternative to the treatments set forth in LOC Section 50.08.045 (3), on a corner lot, either of the following treatments can be used for the side elevation that abuts a street:
        a.    Corner Treatment 1 - Covered Side Porch.  The side yard elevation shall include a covered porch.  The porch shall be a minimum of 80-square feet in area, a minimum of five feet deep, and shall extend along a minimum of 25% of the side elevation that faces the street.  The porch must meet setbacks.
        b.    Corner Treatment 2 - Balcony.  The side yard elevation shall include a second floor balcony.  The balcony shall be a minimum 30--square feet in area, and a minimum of three feet deep.  The balcony may encroach four feet into the setback.
    5.    Long Wall Planes.  To break up building mass and provide greater privacy on narrow lots, on a lot that has greater than 2.5:1 ratio of lot depth to the average of the lengths of the front and rear setback lines, no portion of a residential structure shall exceed 18' high for a cumulative length greater than 60', unless the excess portion of the residential structure more than 18' high beyond the 60' cumulative length is setback not less than 20' from the side lot lines.  See LOC Appendix 50.07-H.


(Ord. 2524, Amended, 06/01/2010, Prior Text; Ord. 2398, Amended, 12/06/2005, Prior Text; Ord. 2333, Add, 07/15/2003)

Section 50.08.050 Accessory Structures.

    1.    Floor Area:  An accessory structure £ 18 feet in height shall not exceed 800 sq. ft. in area, or the footprint of the primary structure, whichever is less.  An accessory structure greater than 18 feet in height shall not exceed the greater of 600 square feet or the ground floor area of the primary structure, whichever is less.
    2.    Height:  The maximum height of an accessory structure shall be 24 feet, except that no accessory structure shall be taller than the primary structure.
    3.    Yard Setbacks:  See LOC 50.08.030 for the side and rear yard setbacks for accessory structures.  Accessory structures on abutting lots may not be built with common party walls.


(Ord. 2398, Amended, 12/05/2006, Prior Text; Ord. 2333, Add, 07/15/2003)

Section 50.08.055 Garage Appearance and Location.

    1.    The following standards apply, except when a garage is located behind the primary structure or the garage is side or rear loading, as shown in Appendix 50.02-C:
        a.    The garage shall:
            i.    Not be located closer to the street than the dwelling, unless the exception criteria outlined in subsection (c) below are met.
        For the purpose of meeting this standard, the exterior wall of at least one room of habitable space, other than any habitable space above the garage, shall be located closer to the street than the garage door.  Habitable space above a garage shall be considered an acceptable method of meeting this standard for remodeling projects involving homes built prior to August 2004.
            ii.    Not occupy more than 60% of the width of the facade of the structure, except that garages for zero lot line dwellings may occupy up to 75% of the width of the facade of the structure when the following conditions are satisfied:
                A.    The combined total lot width for the two lots upon which the zero lot line dwellings are located is less than 88 feet; and
                B.    The total combined width of the garage doors does not exceed 36 feet; and
                C.    Living area is provided above the garage.  The front facade of the living area must have fenestration that is not less than 20% of the facade; and
                D.    One or more of the following is provided:
                    (1)    Pergolas or trellises are provided across the front of the garage; or
                    (2)    A covered porch occupies at least 25% of the façade; or
                    (3)    An enclosed outdoor living space is located between the front of the house, the garage, and the public right-of-way.  The enclosure shall consist of wood, wrought iron, brick, stucco, stone, or other masonry fencing (excluding concrete block) and include an operable entryway gate (see LOC Appendix 50.06.065(2)(b)(ii)(4)(C)); and
                E.    If the garages for the units are adjacent to one another, the horizontal planes of the garage doors shall be offset no less than two feet.
            iii.    Comply with at least two of the following standards, to minimize the appearance of the garage:
                A.    Set the garage an additional two feet further from the front property line than the facade of the dwelling;
                B.    Provide individual garage doors, not to exceed 75 square feet each, for each parking stall;
                C.    Any individual garage door may not exceed 50% of the width of the façade of the dwelling and garage, or in the case of zero lot line dwellings, 50% of the width of the combined facade of the dwellings and garages.  Any garage opening width beyond 50% of the dwelling and garage width must be set back at least 2 feet further from the front property line than the facade of the other garage opening;
                D.    Provide a decorative trellis or other feature that will provide a shadow line giving the perception that the garage opening is recessed.  The feature shall be provided across the top and along the width of the garage door(s) and shall be at least 12 inches deep and 6 feet tall.
        b.    Multiple Garage Opening Setbacks.  In any instance where a garage or a set of adjacent garages is designed to park 3 or more vehicles, only the garage openings for the first 2 vehicles may occupy the same building plane.  Each additional building plane with a garage opening shall be set back by a minimum of 2 feet from the previous garage building plane.
        c.    Exceptions.  The standards in subsections (1) (a) and (b) shall not apply in any one of the following circumstances:
            i.    Where the average slope of a parcel exceeds 20%,
            ii.    Where the width of a parcel is less than 50 feet, or
            iii.    Where the garage is proposed to be set back at least 60 feet from the public right-of-way.
    2.    When a side or rear loading garage wall is exposed to the street or abutting property, the front or side of the exposed garage building wall shall have more than one plane or shall include fenestration equal to at least 10% of the exposed garage wall.
    3.    For garages located at the rear of the primary structure or for side or rear loading garages, the area of the garage, up to 200 square feet, shall be exempt from lot coverage calculations.


(Ord. 2524, Amended, 06/01/2010, Prior Text; Ord. 2398, Amended, 12/06/2005, Prior Text; Ord. 2333, Add, 07/15/2003)

Article 50.08A Evergreen R-7.5 Overlay District.

Section 50.08A.005 Purpose.

    The purpose of the overlay is to ensure that residential development occurs in a way that is compatible with the unique character of the Evergreen Neighborhood by assuring greater consistency in style and scale between buildings.


(Ord. 2500, Added, 03/20/2008)

Section 50.08A.010 Applicability.

    This Article applies to all land within the Evergreen Overlay District, as shown on Appendix 50.08A-010.


(Ord. 2500, Added, 03/20/2008)

Section 50.08A.015 Relationship to Other Development Standards.

    To the extent that any requirement of this Article imposes a regulation relating to the same matter as regulation in LOC Article 50.08, this Article shall prevail.


(Ord. 2500, Added, 03/20/2008)

Section 50.08A.020 Accessory Structure Roof Pitch.

    Roof pitch on new accessory structures exceeding 100 square feet in size shall match the roof pitch of the primary structure.  Boat houses are exempt from this requirement.


(Ord. 2500, Added, 03/20/2008)

Section 50.08A.025 Yard Setbacks.

    The side yard setback adjacent to a street for portions of any structure that exceed 16 feet in height shall be 25 feet on arterial and collectors and 15 feet on local streets.


(Ord. 2500, Added, 03/20/2008)

Section 50.08A.030 Front Setback Plane.

    1.    The front profile of a structure shall fit behind a plane that starts at the front yard setback line and extends upward to 16 feet in height, then slopes toward the rear of the lot at a slope of 6:12, up to the maximum allowed height at the peak, as illustrated in Appendix 50.07-C.
    2.    Exceptions to the front setback plane.  Any individual roof form may penetrate the front setback plane if it is less than one-third of the total structure width at 16 feet in height. Two or more separate and distinct roof forms, such as dormers, may project into the front setback plane if they are less than one-half of the total structure width at 16 feet in height.


(Ord. 2500, Added, 03/20/2008)

Article 50.08B Glenmorrie R-15 Overlay District.

Section 50.08B.005 Purpose.

    The purpose of the overlay is to ensure that new residential development occurs in a way that is compatible with the unique character of the Glenmorrie Neighborhood by not adversely impacting the privacy of adjacent neighbors and by preserving the country character.


(2546, Added, 06/15/2010)

Section 50.08B.010 Applicability.

    This article applies to all land within the Glenmorrie Overlay District, as shown on LOC Appendix 50.08B.010-A.


(2546, Amended, 06/15/2010)

Section 50.08B.015 Relationship to Other Standards.

    To the extent that any requirement of this Article imposes a regulation relating to the same matter as a regulation in LOC Article 50.08, this Article shall prevail.


(2546, Added, 06/15/2010)

Section 50.08B.020 Limitation on Certain Elements.

    No more than 50% of a lot shall be covered with any of the following elements:  structures, patios, paving or impervious walks.  However, pervious decks and natural-appearing constructed ponds shall not be included within this limitation.  Where a paved area contains mixed non-plant and plant elements, only the non-plant portions of the area shall be included within this limitation.  (See LOC Appendix 50.08B.020-A for illustrations of natural-appearing constructed ponds and paved areas with mixed non-plant and plant elements.)


(2546, Added, 06/15/2010)

Section 50.08B.025 Plantings and Buffering.

    1.    Applicability:  A Plantings and Buffering Plan shall be submitted when a building permit is required for:
        a.    Construction of new structures.
        b.    Remodeling that increases the footprint of an existing structure by more than 400 square feet;
    or
        c.    Construction of a retaining wall 4 feet tall or higher.
    2.    Plantings and Buffering Plan
        a.    At the time of submission of the building permit application, the applicant shall file either a Plantings and Buffering Plan or a waiver under subsection (c) below.
        b.    The Plantings and Buffering Plan shall meet the following requirements:
            i.    Plant Units, as described in LOC Appendix 50.07-G, Standard Units A through D, plus Alternative Glenmorrie Standard Unit E consisting of 25 – 3 feet high shrubs, shall be provided parallel and adjacent to the side yard and rear yard planes of the proposed structure or retaining wall as follows:
                (A)  If a structure exists on an abutting lot:  one plant unit for every 50 linear feet of the side yard and rear yard planes of the proposed retaining wall or structure plus the abutting plane of the structure on the abutting lot;
                (B)  If no structure exists on an abutting lot:  one plant unit for every 50 linear feet of the side yard and rear yard planes of the proposed retaining wall or structure extended 10 feet beyond the structure or retaining wall.
            (See illustration in LOC Appendix 50.08B.025-A)
            ii.    Where the linear measurement of the side or rear yard plane (plus the 10-foot extension, if required) is less than 50 feet, or where dividing the linear measurement into 50-foot segments results in a remainder segment of less than 50 feet, the planting density for that plane or remainder segment shall consist of a corresponding percentage of a Planting Unit. If the percentage results in a fraction of a plant, the fraction shall be rounded up to the next whole number.
            iii.    Where required Plant Unit areas overlap, the plants in the overlapped area may satisfy both Plant Unit requirements.
            iv.    Existing plants may be used to fulfill Plant Unit requirements.
            v.    Native plants are encouraged (Consult Lake Oswego’s Master Plant List).
        c.    Waiver.  If the abutting property owner consents in writing, a Plantings and Buffering Plan shall not be required for the side or rear yard of the proposed structure or retaining wall abutting the consenting owner’s property.
    4.    Installation and Maintenance of Plantings.
a.    Plantings consistent with the Plantings and Buffering Plan shall be installed prior to the earlier of:
            i.    A request for final inspection;
            ii.    Occupancy of the dwelling or substantial use of the structure; or
            iii.    Completion of the retaining wall.
        b.    The required plantings shall be successfully maintained for a period of not less than three years.


(2546, Added, 06/15/2010)

Article 50.09 Residential - Old Town Design District Zone.

Section 50.09.005 Purpose.

    1.    The purpose of this zone is to assure that single-family homes are protected from noise, light, glare and reduction in privacy to the maximum extent possible during the area's transition to higher density residential use, to facilitate good architectural design and site planning which maintains residential choices of unit size, cost and other amenities and supports the economic feasibility of new construction and development, and to assure protection and compatibility of all land uses, including commercial, residential, park, open space and historic sites.
    2.    The DD zone is intended for use in low density residential districts which are undergoing transition to increased densities, and which have scenic, historic, natural or residential features which should be preserved and integrated with the new development.


(Ord. No. 2316, Added, 03/05/2002, Prior Text)

Section 50.09.010 Permitted uses.

    Uses permitted in the DD zone are as follows:
    1.    Single-family dwelling.
    2.    Zero lot line dwelling.
    3.    Duplex.
    4.    Multiple dwelling.
    5.    Raising of vegetables and produce, provided no sales office is maintained on the premises.
    6.    Home occupations.
    7.    Minor public facilities, including collocated telecommunications facilities but excluding new telecommunications facilities.
    8.    Request for up to a 25% density bonus for public agency rental housing projects (not secondary dwelling units.)
    9.    Cluster developments.
    10.    Group care facilities.
    11.    One secondary dwelling unit per lot.


(Ord. No. 2243, Amended, 04/02/2002, Prior Text; Ord. No. 2316, Added, 03/05/2002)

Section 50.09.015 Conditional Uses.

    Conditional uses in the DD zone are as follows:
    1.    Institutional uses.
    2.    Major public facilities.
    3.    Skilled nursing facility.
    4.    New Telecommunications Facilities.
    5.    Non-profit office uses in structures on the City's Historical Landmarks List which are located on arterial streets.  For the purposes of this section, "office uses" include business and management services, except for medical or dental offices.


(Ord. No. 2243, Amended, 04/04/2002, Prior Text; Ord. No. 2316, Added, 03/05/2002)

Section 50.09.020 Lot Size, Lot Dimensions, Density.

    1.    The minimum lot area shall be 5,000 sq. ft. for single-family dwellings or duplexes.
    2.    Except for structures which have been determined by the State or the National Register of Historic Places as being of historic significance, the minimum lot area for a multiple dwelling development shall be 15,000 sq. ft.
    3.    a.    The maximum density for each site in the Old Town Design District Zone, expressed in number of dwelling units per net developable acre is computed by dividing the net developable acreage by 2,000 sq. ft. and rounding down to the nearest whole number.
        b.    The actual density allowed on a site will be determined at the time of development review. Maximum density will be allowed to the extent that facts presented to the hearings body show that development at that density can occur within requirements set forth in the Development Standards.
    4.    For projects on properties subject to an RP or RC designation, lot areas may be modified as provided in LOC 50.16.045.


(Ord. No. 2316, Added, 03/05/2002)

Section 50.09.022 Minimum Density: DD Zone.

    When subdivisions are proposed in the DD Zone for the purposes of single family development, a minimum density of 5 lots per acre is required.  When subdivisions are proposed for the purposes of constructing duplex development in the DD Zone, a minimum density of 10 units per acre is required.  When subdivisions are proposed for the purpose of constructing multi-family development in the DD Zone a minimum density of 14 units per acre is required.  For purposes of this section, the density is computed by multiplying the net developable acreage by either 5, 10 or 14 per the applicable type of development.  The result shall be rounded up for any product with a fraction of .5 or greater and rounded down for any product with a fraction of less than .5.


(Ord. No. 2309A, Added, 03/05/2002, Prior Text)

Section 50.09.025 Setback Requirements, Buffers.

    1.    Except as otherwise provided in this section or LOC 50.22.010, 50.22.025, 50.22.030, or 50.22.035, the required setback in the DD zone is 10 feet.
    2.    Structures shall be setback from a street right-of-way line a minimum of 10 feet, or such greater distance required to accommodate off street parking.  Exception:  On lots abutting Durham Street, front yard setbacks for new structures may be reduced to 3 feet for up to 50% of the building facade along Durham Street.  The remaining 50% of the building may be between 5 feet and 10 feet from the front property line.  The design of new structures along Durham Street must be compatible with LOC Article 50.66 (Old Town Neighborhood Design Standards).
    3.    The reviewing authority may increase required setbacks as necessary to achieve compliance with the Development Standards.
    4.    The reviewing authority may reduce required minimum setbacks for the exterior modification of a single-family detached dwelling built prior to 1960 by 2 feet if the modification maintains at least 50% of the exterior walls (measured by square feet) and does not increase height by more than 100%.  All applicable City Codes and Standards for the DD zone apply.
    5.    The reviewing authority may reduce required minimum setbacks by greater than 2 feet but not exceeding 5 feet for the exterior modification of a single family detached dwelling unit built prior to 1960 if the modification maintains at least 50% of the exterior walls (measured by square feet), does not increase height by more than 100%, and the setback reduction will not result in an incompatible, negative relationship between the proposed expansion and:
        a.    The scale and character of the neighborhood;
        b.    The scale and character of the street, such that the safety or the experience of a pedestrian using the street is diminished; and
        c.    The scale, character and privacy to properties within 300 feet of the property.
        All applicable City Codes and Standards for the DD zone apply.
    6.    Where a lot zoned DD abuts a lot zone EC or R0-EC, a landscaped buffer a minimum of 5 feet in width is required on the lot zoned DD in the setback area abutting the EC or R0-EC zone.  The purpose of the landscaped area is to provide a vegetative screen.  Plant material used for screening and buffering shall be of a size that will achieve sufficient height within three years of the date of planting to provide adequate screening.
    7.    a.    When a new multi-family development or the expansion or reconstruction of an existing multi-family development occurs in a DD zone subject to review as provided in LOC 50.79.020 (2)(a)(ii) which abuts an existing less intensive residential use, the proposed multifamily structure shall be set back from the boundary of the less intensive use by at least the amount of feet equal to the height of the multi-family structure.
        b.    New duplex development, or the expansion or reconstruction of an existing duplex development in the DD zone subject to DRC review as provided in LOC 50.79.020 (2)(a)(ii), shall be set back from the boundary of the less intensive use by at least 15 feet when the proposed development:
            (1)    Is greater than 28 feet in height, and
            (2)    Abuts an existing, less intensive residential use.
        c.    Developments subject to subsection (7)(a) or (7)(b) of this section shall provide a landscaped area at least five feet wide within the setback area abutting the less intensive use. The purpose of the landscaped area is to provide a vegetative screen.  Plant material used for screening and buffering shall be of a size that will achieve sufficient height within 3 years of the date of planting to provide adequate screening.
    8.    Front lot lines on corner lots may face either street. The City Manager shall determine the front lot line after taking into consideration the orientation of structures on the site and nearby lots, the ability to meet setbacks without variances, and physical site or solar access limitations. Street access should be to local streets.
    9.    Setbacks required by this section may be reduced pursuant to the provisions of LOC 57.06.090 without the need to receive a variance pursuant to this Code.


(Ord. 2424, Amended, 06/06/2006, Prior Text; Ord. 2398, Amended, 12/06/2005, Prior Text; Ord. 2316, Added, 03/05/2002, Prior Text)

Section 50.09.030 Height of Structure.

    1.    The height of a structure shall not exceed 28 feet in height except as provided in the following subsections.
    2.    Exceptions to Maximum Building Height:  Any one of the following exceptions may be applicable; the exceptions may not be used cumulatively:
        a.    A greater height than otherwise permitted in LOC 50.09.030(1) above is allowed for roof forms, or architectural features, such as cupolas or dormers provided that these roof forms or features:
            i.    Do not extend more than 6 feet above the maximum specified height;
            ii.    Do not, in total, exceed one-third of the width of the building for an individual roof form or protection or do not exceed one-half of the width of the building for two or more separate roof forms or protections as measured on any elevation drawing; and
            iii.    Do not, in total, cover more than 20% of the roof area on which they are located, as viewed from directly above for an individual roof form or protections or 30% for multiple roof forms or protections.
        b.    Average height may increase to 40 feet over the entire site, with no individual structure exceeding 50 feet, in the following circumstances:
            i.    The lot or lots being developed are ½ acre or greater in area; and
            ii.    25% or more of the gross site area is constrained by steep slopes, floodplain or mapped sensitive lands; and
            iii.    Any portion of structures taller than 35 feet are set back at least 50 feet from a public street.
            iv.    On any lot in the DD zone which is closer than 60 feet to a lot carrying a residentially zoned lot other than DD, R-0, R-3 or R-5, the structure height shall not exceed 35 feet.
        c.    For the purpose of reconstructing a building, or any part thereof, damaged or destroyed by an involuntary event of natural causes, e.g., fire, flood, the maximum height of the structure, within the footprint of the structure as it existed on July 6, 2006, shall be height of the structure as it existed on July 6, 2006.  (This subsection is not applicable when the damage or destruction of the structure is voluntary or due to lack of maintenance.)
    3.    In addition to the building height exceptions in this section, the building height for detached single family dwellings may be increased by one foot for every five additional feet in yard setback on all sides, beyond the minimum code standards for the zone.
    [Cross-Reference:  Height Limitation: See also 50.45.010 (1)(a).]


(Ord. 2424, Amended, 06/06/2006, Prior Text; Ord. 2398, Amended, 12/06/2005, Prior Text; Ord. 2243, Amended, 04/04/2002, Prior Text; Ord. 2316, Added, 03/05/2002)

Section 50.09.035 Lot Coverage.

    1.    Maximum lot coverage for single family, detached dwellings in the DD zone is 35%.
    2.    Maximum lot coverage for duplex or zero lot line developments in the DD zone is 45%.
    3.    Maximum lot coverage for multifamily is 55%.
    4.    The following maximum amounts of impervious surface coverage shall be permitted in the DD zone:



Dwelling Type
Maximum Impermeable
Surface Allowed
Single Family Detached
60%
Duplex, zero lot line
60%
Multi-family and rowhouse
60%



(Ord. 2424, Amended, 06/06/2006, Prior Text; Ord. No. 2316, Added, 03/05/2002, Prior Text)

Section 50.09.045 Old Town Advisory Opinion.

    The City Manager may request an advisory opinion from the Old Town Neighborhood Association regarding interpretation or application of standards and requirements of the DD zone.


(Ord. No. 2316, Added, 03/05/2002)

Article 50.10 West Lake Grove Design District Zones.

Section 50.10.005 Purpose.

    1.    The purpose of the West Lake Grove Design District is to implement the Design District Plan by specifying the zones, permitted land uses, and site development limitations.  This article applies to all lands within the boundaries of the Design District (see Appendix 50.67-A, Figure 1).
    2.    The purposes of this Design District shall be accomplished through the following zones: West Lake Grove Design District Zoning Designations; Office-Commercial/Town Home Residential (OC/R-2.5); Office-Commercial/Neighborhood Commercial (OC/NC); and Town Home Residential (R-2.5) and Live/Work Residential (R-2.5/W).


(Ord. No. 2316, Added, 03/05/2002)

Section 50.10.010 Office-Commercial/Town Home Residential (OC/R-2.5).

    1.    Permitted Uses.
            a.    Residential uses at a net site density of 2,500 square feet/lot area per unit are allowed in conjunction with office uses in the same building.
            b.    Attached, residential town-home uses, subject to the following conditions, in addition to the other provisions of this Code
                i.    The minimum net density area for attached town-home housing is 2,500 square feet/lot area per unit.
                ii.    The minimum required lot width shall be 17 feet.  The maximum lot coverage shall be 60%, excluding parking.
                iii.    Each unit of attached town-home housing shall be constructed on a separate lot.
        When a combination of Office-Commercial and attached town-home residential uses are proposed together on the same site and in separate buildings, the commercial structure(s) shall front on Boones Ferry Road. Residential buildings shall occupy the rear portion the parcel which is most proximate to the surrounding residential zoning districts.
        c.    Professional Offices.  Offices with limited customer or client traffic intended to attract and serve customers or clients on premises, such as: Attorneys, physicians, dentists, counselors, insurance, travel agents, investment and financial services, real estate, studios (photography, commercial art, advertising), architects, landscape architects, engineers, or other design businesses, research, software development, corporate offices, medical testing laboratories, specialty medical services.
        d.    Services.  Elder care, residential care housing and skilled nursing facilities.
        e.    Minor Public Facilities, including, collocated telecommunication facilities but excluding new telecommunication facilities.
    2.    Conditional Uses.
        a.    New telecommunications facilities.
    3.    Site Development Limitations.
        a.    A single building which provides for any of the permitted uses, excepting subsection (1)(e),  shall be limited to a total floor area of 8,000 square feet in a multi-story building, with no more than 5,000 square feet on any floor.
        b.    Setbacks.
            i.    Office Commercial and Office Commercial/Residential structures:
                
Setbacks of structures abutting residential zones  
25 ft.  
Structures shall be set back at least six feet from the meandering pathway or sidewalk along Boones Ferry Road (see Appendix 50.67-A, Figure 2(c)).  

            ii.    Attached Town Homes Front Setbacks.  The following exterior wall setbacks from the property line shall be required:
            
Front (from property line)  
10 ft.  
Rear (abutting a single family residential district)  
25 ft.  
Rear (not abutting a single family residential district)  
10 ft.  
Side (abutting a single family residential district)  
25 ft.  
Side (not abutting a single family residential district)  
10 ft.  

        c.    Height of Structures:  35 ft.
     [Cross-Reference: Height Limitation:  See also LOC 50.30.015(3)(c) for collocated telecommunication facilities, and LOC 50.45.010 (1)(a) for non-single-family dwellings.]


(Ord. 2398, Amended, 12/06/2005, Prior Text; Ord. 2369, Amended, 12/16/2003, Prior Text; Ord. 2243, Amended, 04/02/2002; Ord. 2316, Added, 03/05/2002)

Section 50.10.015 Office Commercial/Neighborhood Commercial (OC/NC).

    1.    Permitted Uses.
        a.    Professional Office:
            i.    Offices with limited customer or client traffic intended to attract and serve customers or clients on premises, such as:  Attorneys, physicians, dentists, counselors, insurance, travel agents, investment and financial services, real estate, studios (photography, commercial art, advertising), architects, engineers, or other design businesses, research, software development, corporate offices, medical testing laboratories, specialty medical services.
            ii.    A single building which provides for any of the permitted uses shall be limited to a maximum building footprint of 5,000 square feet.
        b.    Services - Educational and Care - limited to 5,000 square feet or less in area:
            i.    Day care, kindergartens, preschools and other private or public educational institutions.
            ii.    Other educational uses associated with private or public institutions.
        c.    Retail Sales - Food, Restaurants and Drinking Places:
            i.    Restaurants - with or without associated lounge:  Service of food and beverages shall be primarily to persons seated within the building and designated outdoor areas.  The total size of seating area, both in-doors and outdoors, of any restaurant allowed in this zone shall be limited to 1,500 square feet.
            ii.    Delicatessen – with no table service and minimal on-site cooking of food.
            iii.    Bakery – where baked foods manufactured elsewhere or on-site baked goods are sold on the premises.  Consumption may also be allowed on site provided the seating area is 700 square feet or less.
            iv.    Specialty food stores such as a coffee shop or juice bar.
        d.    Retail Sales - General Merchandise.
            General retail sales under 5,000 square feet such as apparel and accessories, small hardware store, nursery, florist, furniture and appliance stores and office supplies.
        e.    Personal Services - Limited to 1,000 square feet or less in area, such as hair salons and personal care such as massage, pedicure and manicure.
        f.    Specialty Retail - Limited to 5,000 square feet or less in area, such as:
            i.    Antique stores.
            ii.    Art galleries.
            iii.  Jewelers.
        g.    Minor Public Facilities, including collocated telecommunication facilities but excluding new telecommunication facilities.
    2.    Conditional Uses.
        a.    New telecommunication facilities.
    3.    Site Development Limitations.
        a.    Setbacks.  Buildings shall be set back at least six feet from the sidewalk along Boones Ferry Road (see Appendix 50.67-A, Fig. 2(c)).
        b.    Height of Structures.  The maximum height of any structure shall not exceed 35 feet. The maximum height of the wall plane shall be no greater than 30 feet measured from grade at the exterior wall of the building to the gutter line.
    [Cross-Reference: Height Limitation:  See also LOC 50.30.015(3)(c) for collocated telecommunication facilities, and LOC 50.45.010 (1)(a) for non-single-family dwellings.]


(Ord. 2398, Amended, 12/06/2005, Prior Text; Ord. 2369, Amended, 12/16/2003, Prior Text; Ord. 2316, Added, 03/05/2002)

Section 50.10.020 Town Home Residential (R-2.5).

    1.    Permitted Uses.
        a.    Attached for-sale residential town-homes subject to the following special conditions, in addition to the other provisions of this Code:
            i.    The minimum allowed density is 2,500 square feet/lot area per unit.
            ii.    The minimum required lot width shall be 17 feet.  The maximum lot coverage shall be 60%, excluding parking.
            iii.    Each unit of housing shall be constructed on a separate lot.
    iv.    When subdivisions are proposed in the R-2.5 zone, a minimum density of 80% of the maximum allowed by the zone is required.  For purposes of this subsection, the number of lots required shall be determined by dividing the net developable square footage by the minimum lot size per unit required in the underlying zone, and multiplying this number by .8.  The result shall be rounded up for any product with a fraction of .5 or greater and rounded down for any product with a fraction of less than .5.  The requirements of this subsection are subject to the exceptions contained in LOC 50.22.100.
        b.    Minor Public Facilities, including collocated telecommunication facilities but excluding new telecommunication facilities.
    2.    Conditional Uses.
        a.    New telecommunication facilities.
    3.    Site Development Limitations.
        a.    Setbacks.  The following exterior wall setbacks shall be required in the R-2.5 zone:
            
Front (from property line)
10 ft.
Rear (abutting a single family residential district)
25 ft.
Rear (not abutting a single family residential district)
10 ft.
Side (abutting a single family residential district)
25 ft.
Side (not abutting a single family residential district)
10 ft.
            
        b.    Height of Structures.  The maximum height of any structure in the R-2.5 zone shall not exceed 35 feet.
        [Cross-Reference:  Height Limitation:  See also LOC 50.30.015(3)(c) for collocated telecommunication facilities, and LOC 50.45.010 (1)(a) for non-single-family dwellings.]


(Ord. 2398, Amended, 12/06/2005, Prior Text; Ord. 2369, Amended, 12/16/2003, Prior Text; Ord. 2309A, Amended, 03/05/2002; Ord. 2316, Added, 03/05/2002)

Section 50.10.025 Live/Work Zone (R-2.5/W).

    1.    Permitted Uses.
        a.    Attached for-sale residential town-homes that meet the following standards:
            i.    The required density shall be 1,700 square feet of lot area per unit.
            ii.    The minimum required lot width shall be 17 feet. The maximum lot coverage shall be 75%, excluding parking.
            iii.    Each unit shall be constructed on a separate lot.
        b.    Professional Office.  Offices with limited customer or client traffic intended to attract and serve customers or clients on premises, such as Sole practitioner attorneys, counselors, investment and financial services, studios such as photography, artists, commercial art, advertising, architects, landscape architects, engineers, or other design businesses, computer software development and information technology services.  (Such uses are subject to Conditions for Commercial Use set forth below in subsection (3)).
        c.    Personal Services, such as hair salons and personal care. (Such uses are subject to Conditions for Commercial Use set forth below in subsection (3)).
        d.    Specialty Retail, such as:
            i.    Antique Stores.
            ii.    Art galleries.
            iii.    Jewelers.
            (Such uses are subject to Conditions for Commercial Use set forth below in subsection (3)).
        e.    Minor Public Facilities, including collocated telecommunication facilities but excluding new telecommunication facilities.
    2.    Conditional Uses.
        a.    New telecommunication facilities.
    3.    Conditions for Commercial Use.
        a.    A person who conducts business within the R-2.5/W zone must also reside within the same building.  No more than one additional employee is allowed.
        b.    The business must be conducted in a specifically delineated area on the first floor of the structure and occupy no more than 700 square feet.
    4.    Site Development Limitations.
        a.    Setbacks. The following setbacks are required within the R-2.5 zone:
            
Front (from property line)
10 feet
Rear (abutting a single family residential district)
25 feet
Rear (not abutting a single family residential district)
10 feet
Side (abutting a single family residential district)
25 feet
Side (not abutting a single family residential district)
10 feet

        b.    Height of Structures: 35 feet, except that the building height may be increased by one foot for every five additional feet in yard setback on all sides, beyond the minimum code standards for the zone.
    [Cross-Reference: Height Limitation:  See also LOC 50.30.015(3)(c) for collocated telecommunication facilities, and LOC 50.45.010 (1)(a) for non-single-family dwellings.]


(Ord. 2398, Amended, 12/06/2005, Prior Text; Ord. 2369, Amended, 12/16/2003, Prior Text; Ord. 2316, Added, 03/05/2002)

Article 50.11 Commercial Zones.

Section 50.11.005 Purpose.

    1.    Neighborhood Commercial - to provide land near or within residential areas for commercial activities. The uses listed for the Neighborhood Commercial zone in LOC 50.11.010 and 50.11.020 (6), (7) have been determined to implement the Neighborhood Commercial policies of the Comprehensive Plan.
    2.    General Commercial - to provide lands for commercial activities supplying a broad range of goods and services to a market area which includes the planning area identified in the Comprehensive Plan.
    3.    Highway Commercial - to provide lands for commercial activities which meet the needs of the traveling public as well as other highway-oriented retail uses which require access to a market area larger than the general commercial zone. This district is not intended for regional shopping centers.
    4.    Office Campus - to provide lands for major concentrations of regionally oriented offices and employment opportunities for a market area larger than the planning area.
    5.    East End General Commercial - to implement comprehensive plan policies directing revitalization of the East End Business District. The district should guide and encourage development and redevelopment of the East End Business District.
    6.    Campus Research & Development - to provide a mix of clean, employee-intensive industries, offices and high-density housing with associated services and retail commercial uses in locations supportive of mass transit and the regional transportation network.
    7.    Mixed Commerce - to provide for a mix of uses requiring highway access and which provide a strong visual identity. Intended uses include local and regional convention type facilities, office uses and supporting retail uses.  Supporting retail uses shall be limited to less than 60,000 square feet of gross leasable area per building or business in the MC Zone.


(Ord. No. 2316, Added, 03/05/2002)

Section 50.11.010 Uses.


Uses:
P
C
X
Permitted uses.
Uses permitted upon the grant of approval of a conditional use permit.
Uses specifically prohibited.
[Cross-Reference: See LOC 50.12.010 - 50.12.025 for Campus Institutional uses]

1.    Residential:

    A.    Residential Care Housing and Congregate Housing.

Uses:
C
X
NC, GC, EC
HC, OC, CR&D and MC
    
    B.    Residential use at R-0, R-3, and R-5 density except as specifically allowed in LOC 50.11.020.  A residential use may occupy the ground floor in the GC or NC zones only if a commercial use is located along the street frontage and the residential use is located behind the commercial use with the following exception:  A residential use may occupy the ground floor in the GC zone at street frontage designated Park Lane, Crossroads Gateway or Campus Woods within the Lake Grove Village Center Overlay District (see Village Character Map, LOC Appendix 50.11A.020-D).

Uses:
P
C
X
GC, HC, OC, CR&D
NC
EC (see subsection D. below) MC

    C.    Residential use at R-7.5, R-10 and R-15 density. A residential use may occupy the ground floor in the GC or NC zones only if a commercial use is located along the street frontage and the residential use is located behind the commercial use.

Uses:
P
X
NC, GC, HC, OC
EC (see subsection D.), CR&D, MC

    
    D.    Residential use at R-0 density with a maximum 3.0:1. FAR (4 unit minimum) on parcels greater than 6,000 square feet in size.  For parcels 6,000 square feet in size or smaller, there is no minimum unit requirement when residential development is proposed. Use not allowed on ground floor in EC zone south of "B" Avenue or east of "2nd" Street.

Uses:
P
X
EC
NC, GC, HC, OC, MC and CR&D

2.    Retail Sales - Food:

    A.    Food Markets, over 25,000 sq. ft.

Uses:
P
C
X
GC (not to exceed 35,000 sq. ft.),
HC,
EC (not to exceed 35,000 sq. ft.),
MC (not to exceed 60,000 sq. ft. gross leasable area per building or business)
GC exceeding 35,000 sq. ft.
(not to exceed 45,000 sq. ft.)
NC, OC and CR&D

    B.    Food Markets under 25,000 sq. ft.

Uses:
P
X
NC, GC, HC, EC, MC
OC, CR&D

    C.    Delicatessen, no table service.

Uses:
P
Special District Limitations
for Permitted Use
NC, GC, HC, OC, EC, CR&D and MC
(Not to exceed 20,000 sq. ft. floor area in CR&D zone)


    D.    Specialized food stores.

Uses:
P
X
NC, GC, HC, EC, MC
OC, CR&D

    E.    Bakery - where baked foods manufactured elsewhere are sold on the premises.

     Uses:
P
Special District Limitations
for Permitted Use
NC, GC, HC, OC, EC, CR&D and MC
(Not to exceed 20,000 sq. ft. floor area in CR&D zone)

F.    Bakery, manufacturing - where on-site baked foods are sold on the premises (less than 5,000 sq. ft. of gross floor area).

Uses:
P
X
NC, GC, HC, EC, CR&D and MC
OC

G.    Bakery, manufacturing - where on-site baked foods are sold on the premises (5,000 sq. ft. or more gross floor area).

Uses:
P
X
GC, EC
NC, HC, OC, CR&D and MC

3.    Retail Sales – General Merchandise:

    A.    Over 20,000 sq. ft., including apparel and accessory, department stores, building supply, garden, sporting goods, furniture, etc.

Uses:
P
C
X
GC (  not to exceed 35,000 sq. ft.).
EC (not to exceed 35,000 sq. ft., per business)
MC (not to exceed 60,000 sq. ft. gross leasable area per building or business)
GC exceeding 35,000 sq. ft.
(not to exceed 45,000 sq. ft.)
NC, HC, OC and CR&D

    B.    10,000 - 20,000 sq. ft., including apparel and accessory, department stores, building supply, garden, sporting goods, furniture, etc.

Uses:
P
X
GC, HC, EC, CR&D and MC
NC, OC

    C.    Under 10,000 sq. ft., including apparel and accessory, department stores, building supply, garden, sporting goods, furniture, etc.

Uses:
P
NC, GC, HC, OC, EC, CR&D and MC

    D.    Auto sales.

Uses:
P
Special District Limitations for Permitted Use
X
GC, EC
Prohibited in the Lake Grove Village Center Overlay District.
NC, HC, OC, CR&D and MC


4.    Retail Sales - Restaurants, Drinking Places:

    A.    Restaurants, with or without associated lounge.

     Uses:
P
Special District Limitations
for Permitted Use
NC, GC, HC, OC, EC, CR&D and MC
(Not to exceed 20,000 sq. ft. floor area in CR&D zone)

    
    B.    Restaurants - take out only; or which include a drive-in window.

Uses:
P
C
Special District Limitations for Conditional Use
X
HC
GC
In the GC Zone in the Lake Grove Village Center Overlay District, no more than two restaurants with drive-in service windows are permitted.  Use is  prohibited in Village Transition Areas (see Village Transition Area Map, LOC Appendix 50.11A.020-B).
NC, OC, EC, CR&D and MC

    C.    Bar or cocktail lounge not associated with restaurant; use with retail malt beverage license.

Uses:
P
X
GC, HC, EC, MC
NC, OC and CR&D

5.    Services - Personal:

    A.    Laundries & cleaning places.

Uses:
P
X
NC, GC, HC, EC, CR&D and MC
OC

    B.    Tailor shops & related services.

Uses:
P
X
NC, GC, EC, CR&D and MC
HC, OC

    C.    Barber & beauty shop, personal care.

Uses:
P
NC, GC, HC, OC, EC, CR&D and MC

    D.    Clothing rental.

Uses:
P
X
NC, GC, EC
HC, OC, CR&D and MC

    E.    Mortuaries.

Uses:
P
X
GC, EC
NC, HC, OC, CR&D and MC

    F.    Upholstery shop.

Uses:
P
X
NC, GC, EC
HC, OC, CR&D and MC

    G.    Radio & television repair shop.

Uses:
P
X
NC, GC, EC
HC, OC, CR&D and MC

    H.    Home appliance repair shop.

Uses:
P
X
NC, GC, EC
HC, OC, CR&D and MC

6.    Services - Business:

    A.    Sign shop.

Uses:
P
X
GC, EC
NC, HC, OC, CR&D and MC

    B.    Adjustment & collection agencies.

Uses:
P
X
GC, HC, OC, EC, CR&D and MC
NC

    C.    Advertising agencies, including commercial artists.

Uses:
P
X
GC, HC, OC, EC, CR&D and MC
NC

    D.    Truck & trailer rental and sales of accessories.

Uses:
P
X
HC
NC, GC, OC, EC, CR&D and MC

    E.    Auto rental (vehicle storage off site in CR&D, MC, EC and GC zones).

Uses:
P
X
GC, HC, OC, EC, CR&D and MC
NC

    F.    Business and management services.

Uses:
P
NC, GC, HC, OC, EC, CR&D and MC

    G.    Car wash.

Uses:
P
C
Special District Limitations for Conditional Use
X
HC
GC, EC
In the GC Zone in the Lake Grove Village Center Overlay District, car wash facilities shall not exceed a  total combined area of 4,200 sq. ft.  Use prohibited in  Village Transition Areas (see Village Transition Area Map, LOC Appendix 50.11A.020-B).
NC, OC, CR&D and MC

    H.    Credit agencies.

Uses:
P
Special District Limitations for Permitted Uses
X
GC, HC, OC, EC, CR&D and MC
In the GC Zone in the Lake Grove Village Center Overlay District drive-through facilities are allowed only when no more than one direct access to the site from a public street is provided  on the parcel.  Additional access through abutting parcels is  permitted.  Use with drive-through facilities prohibited in Village Transition Areas (see Village Transition Area Map,  LOC Appendix 50.11A.020-B).
NC

    
    I.    Duplicating, addressing, blueprinting, photocopying, mailing & stenographic services.

Uses:
P
X
GC, HC, OC, EC, CR&D and MC
NC

    J.    Employment agencies.

Uses:
P
X
GC, HC, OC, EC, CR&D and MC
NC

    K.    Office equipment rental & repair agencies.

Uses:
P
X
GC, HC, OC, EC, CR&D and MC
NC

    L.    Equipment rental.

Uses:
P
X
GC
NC, HC, OC, EC, CR&D and MC

    M.    Equipment service & repair places, appliance small engine.

Uses:
P
X
GC, EC
NC, HC, OC, CR&D and MC

    N.    Offices housing personnel who provide special services to businesses.

Uses:
P
NC, GC, HC, OC, EC, CR&D and MC

    O.    Private off-street parking facilities (sole use on site, parking garages, etc.).

Uses:
P
X
GC, EC, CR&D, MC
NC, HC, OC

    P.    Services to buildings (including dwellings), cleaning & exterminating.

Uses:
P
X
GC, HC, EC, MC
NC, OC, CR&D

    Q.    Telephone answering service.

Uses:
P
NC, GC, HC, OC, EC, CR&D and MC

    R.    Miscellaneous business services, including auctioneers, bondsmen, drafting, detective agencies, notary public & other like services.

Uses:
P
NC, GC, HC, OC, EC, CR&D and MC

    
    S.    Vehicle repair shops (located entirely within an enclosed building).

Uses:
P
C
Special District Limitations
for Conditional Use
X
GC, EC (except in Village Transition Areas of the Lake Grove Village Center Overlay District)





GC in Village Transition Areas of the Lake Grove Village Center Overlay District (see Village Transition Area Map, LOC Appendix 50.11A.050-B)
In Village Transition Areas of the Lake Grove Village Center Overlay District, conditional use is permitted as follows: The use shall be an expansion of an existing vehicle repair use.  Retail or office uses and  a storefront appearance shall be provided along fronting collector and local streets.  No  direct vehicle access shall be provided from  streets adjacent to residential zones.   No operational repair bay doors shall face collector or local streets.
NC, HC, OC, CR&D and MC


    T.    Auto service stations (primary use only).

Uses:
P
C
Special District Limitations
for Conditional Use
X
GC outside the Lake Grove Village Center Overlay District,
HC, EC




GC within the Lake Grove Village Center Overlay District
Within the Lake Grove Village Center Overlay District conditional use is permitted  as follows: No auto service station shall be closer than 1,000 linear feet to another auto  service station.  No more than two auto  service stations shall be located within a distance of 5,000 linear feet.  The number of  auto fueling devices shall not exceed eight at  any single auto service station.  Use  prohibited in Village Transition Areas (see Village Transition Area Map, LOC Appendix 50.11A.020-B).
OC,
CR&D,
MC


    U.    Accounting, auditing & bookkeeping.

Uses:
P
NC, GC, HC, OC, EC, CR&D and MC

    V.    Computer services.

Uses:
P
NC, GC, HC, OC, EC, CR&D and MC

    W.    Printing, publishing & lithographic shop.

Uses:
P
X
GC, HC, OC, EC, CR&D and MC
NC

    X.    Commercial photographic studios.

Uses:
P
NC, GC, HC, OC, EC, CR&D and MC

    Y.    Research and testing facilities.

Uses:
P
X
GC, HC, OC, EC, CR&D and MC
NC

7.    Services - Finance, Insurance and Real Estate:

    A.    Financial and banking institutions.

Uses:
P
Special District Limitations for Permitted Use
X
GC, HC, OC, EC, CR&D and MC
In GC and OC zones in the Lake Grove Village Center Overlay District, financial and banking institutions with drive-through facilities are allowed only when no more than one access to the site  from a public street is provided on the parcel.  Additional access  through abutting parcels is permitted.  Financial and banking institutions with drive-through facilities are prohibited in Village Transition Areas (see Village Transition Area Map, LOC Appendix 50.11A.020-B).
NC

    B.    Insurance and bond carriers, agents, brokers and services.

Uses:
P
NC, GC, HC, OC, EC, CR&D and MC

    C.    Real estate brokers, agents & services.

Uses:
P
NC, GC, HC, OC, EC, CR&D and MC

8.    Services Lodging Places:

    A.    Hotels, motels and associated retail uses located within the hotel or motel that are intended to serve the guests.

Uses:
P
X
GC, HC, EC, MC
NC, OC, CR&D

9.    Services - Medical & Health:

    A.    Hospitals.

Uses:
P
X
GC, EC
NC, HC, OC, CR&D, MC

    B.    Clinic, outpatient.

Uses:
P
X
NC, GC, EC, CR&D, MC
HC, OC

    C.    Medical and dental laboratories.

Uses:
P
X
GC, OC, EC, CR&D, MC
NC, HC

    D.    Orthopedic equipment & supplies, rental, sale & service.

Uses:
P
X
GC, EC, CR&D, MC
NC, HC, OC

    E.    Veterinarian's facilities, totally enclosed.

Uses:
P
X
GC, EC
NC, HC, OC, CR&D, MC

    F.    Other veterinarian facilities.

Uses:
P
X
GC
NC, HC, OC, EC, CR&D, and MC

    G.    Ambulance service.

Uses:
P
X
NC, GC, EC
HC, OC, CR&D, MC

10.    Services - Professional Offices:

    A.    Architectural.

Uses:
P
NC, GC, HC, OC, EC, CR&D and MC

    B.    Artists studios, including those that use industrial tools.

Uses:
P
NC, GC, HC, OC, EC, CR&D and MC

    C.    Engineering, including surveying.

Uses:
P
NC, GC, HC, OC, EC, CR&D and MC

    D.    Law.

Uses:
P
NC, GC, HC, OC, EC, CR&D and MC

    E.    Landscape architecture.

Uses:
P
NC, GC, HC, OC, EC, CR&D and MC

    F.    Professionals, other.

Uses:
P
NC, GC, HC, OC, EC, CR&D and MC
    
    G.    Regional offices & corporate headquarters.

Uses:
P
X
GC, HC, OC, EC, CR&D and MC
NC

11.    Services - Amusement:

    A.    Art galleries.

Uses:
P
C
X
GC, EC, MC
NC
HC, OC, CR&D

    B.    Billiard and pool parlors.

Uses:
P
C
X
GC, EC
NC
HC, OC, CR&D, MC

    C.    Bowling alleys.

Uses:
P
X
GC, EC
NC, HC, OC, CR&D, MC

    D.    Dance studios and dance schools.

Uses:
P
C
X
GC, EC
NC
HC, OC, CR&D, MC

    E.    Skating rinks, ice and/or roller.

Uses:
P
X
GC, EC
NC, HC, OC, CR&D, MC

    F.    Racquet clubs, health clubs (within building, except paths and tennis courts allowed).

Uses:
P
C
X
GC, EC, CR&D, MC
NC
HC, OC

    G.    Theaters, indoor.

Uses:
P
X
GC, HC, EC, MC
NC, OC, CR&D

    H.    Recreation facility/indoor or outdoor pool, athletic fields.

Uses:
P
X
CR&D
NC, GC, HC, OC, EC, MC

    I.    Outdoor commercial amusement.

Uses:
P
X
MC
NC, GC, HC, OC, EC and CR&D

12.    Services - Educational:

    A.    Nursery, day care centers.

Uses:
P
NC, GC, OC, EC, CR&D and MC

    B.    Private or public educational institutions.

Uses:
P
C
X
GC, EC
NC
HC, OC, CR&D, MC

    C.    Vocational schools.

Uses:
P
C
X
GC, EC
NC
HC, OC, CR&D, MC

    D.    Music schools.

Uses:
P
C
X
GC, EC
NC
HC, OC, CR&D, MC

13.    Services - Membership Organizations, Officers:

    A.    Business and professional.

Uses:
P
X
GC, HC, OC, EC, CR&D and MC
NC

    B.    Civil, social and fraternal.

Uses:
P
X
GC, HC, EC, CR&D and MC
NC, OC

    C.    Charitable.

Uses:
P
X
GC, HC, OC, EC, CR&D and MC
NC

    D.    Labor.

Uses:
P
X
GC, HC, OC, EC, CR&D and MC
NC

    E.    Political.

Uses:
P
X
GC, HC, OC, EC, CR&D and MC
NC

    F.    Religious, not including churches.

Uses:
P
X
GC, HC, OC, EC, CR&D and MC
NC

14.    Public Service & Facilities:

    A.    Major public facilities.

Uses:
C
P
NC
GC, HC, OC, EC, CR&D and MC

    B.    Minor public facilities.

Uses:
P
NC, GC, HC, OC, EC, CR&D and MC

15.    Alterations or expansions of non-conforming uses:

Uses:
C