2524ORDINANCE No. 2524
AN ORDINANCE OF THE CITY OF LAKE OSWEGO AMENDING PORTIONS OF LAKE
OSWEGO CODE, CHAPTER 50 (COMMUNITY DEVELOPMENT CODE) TO PROMOTE
COMPATIBILITY OF NEW RESIDENTIAL DEVELOPMENT WITH THE CHARACTER OF
EXISTING DEVELOPMENT (LU 08-0053-1729).
WHEREAS, the City of Lake Oswego adopted Infill standards in 2003 that are intended to enhance the
compatibility of new residential development in the community; and
WHEREAS, in 2005 the City reformed the Infill Task Force and charged the Task Force with evaluating
the 2003 amendments; and,
WHEREAS, the Infill Task Force has recommended a set of code amendments and policies intended to
improve the 2003 Infill standards; and,
WHEREAS, a notice of public hearing for consideration of this Ordinance was duly given in the manner
required by law; and
WHEREAS, a public hearing was held before the Lake Oswego City Council on April 20, 2010 to review
the Planning Commission's recommendation to amend LOC Chapter 50 of the Lake Oswego Community
Development Code.
NOW THEREFORE, the City of Lake Oswego ordains as follows:
Section 1. The City Council hereby adopts the Findings and Conclusions, LU 08-0053-1729 attached as
Exhibit 1.
Section 2. The Lake Oswego Code is hereby amended by deleting the text shown by str-ikethFeugh type
and adding new text shown in -redline double underlined type:
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 "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 50.57.010.1
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.
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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.
Com. 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.
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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.
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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 pr-iva4e pr-epetty-a to and connecting to the shared
access easement, access lane, private_ street, or public street system. "Driveway" may include 1 e
, 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.
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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.
Filling (fill). A deposit of material by artificial means, generally for purposes of development or
redevelopment. Fill material includes, but is not limited to, sand, gravel, soil, rock, and inorganic building
materials.
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 or Flooding. A general and temporary condition of partial or complete inundation of normally
dry land area from the overflow of inland waters or the unusual and rapid accumulation of runoff of
surface waters from any source.
Flood, Base. The flood having a one percent chance of being equaled or exceeded in any given year.
The "Base Flood" is also known as the "100 -year flood".
Flood Boundary and Floodway Map. The official FEMA map of a community, issued by the Federal
Insurance Administrator, where the boundaries of the floodway and floodway fringe have been designated.
Flood Hazard Area Special or "Areas of Special Flood Hazards". Area of special flood hazard shall
be defined as stated in 44 Code of Federal Regulations Sec. 59.1:
The land in the floodplain within a community subject to a 1 percent or greater chance of
flooding in any given year. The area may be designated as Zone A on the FHBM. After
detailed ratemaking has been completed in preparation for publication of the flood
insurance rate map, Zone A usually is refined into Zones A, AO, AH, Al -30, AE, A99,
AR, AR/A1-30, ARAE, AR/AO, AR/AH, AR/A, VO, or V1-30, VE, or V.
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or as such definition is amended by the Federal Insurance Administration after June 3, 2008. For
purposes of LOC Article 50.44, Flood Management Area, the term "special flood hazard area" is
synonymous in meaning with the phrase "area of special flood hazard".
Flood Insurance Rate Map (FIRM). The official map on which the Federal Insurance Administrator
has delineated both the areas of special flood hazards and the risk premium zones applicable to the
community. "Special Flood Hazard Area" shall be given the meaning as defined in 44 Code of Federal
Regulations Sec. 59.1.
Flood Management Area. All lands contained within the 100 -year flood boundary as shown on the
most recent Flood Insurance Rate Maps (FIRM) and Flood Boundary and Floodway Maps created for the
National Flood Insurance Program by the Federal Emergency Management Agency (FEMA). The Flood
Management Area also includes areas inundated during the February 1996 flood along the Willamette
River, the Tualatin River, and the Oswego Canal to the south of Bryant Road.
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.
Flood -Proofing. To make a structure watertight with walls substantially impermeable to the passage
of water and with structural components having the capability of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy.
Floodway. The area within the floodplain which includes the channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot.
FloodwayFringe. ringe. The area of the floodplain lying outside the floodway.
Floor Area. The combined fleefs care footage area (ineasured from the exterior of the surrounding
exterior v�all framing) of a building or portions thereot'of all stories of a building excluding;_
• vent shafts,
• court yards,
• gar es. except as modified in:
• the R-5 zone (Section LOC 50.06.035 (1)(b)(i), for residential_ development);
• the R-6 zone (Section LOC 50.07 037 ( I ), for outright permitted residential development);
• the R-7.5, R-10, and Z- 15 zones LOC Section 50 08 042I for single family, dwcllin , ,
• allowable projections,
• decks,
• patios,
• uncovered exit stairs, and
• uncovered, above -grade driveways.
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.
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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.
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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.
Hyydrophytic 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.
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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 Ve eg tation. 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 Stile 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 lincs.less-the area of access easements,hrivate _try eets,
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).
Ordinance 2524 - Page 9 of 57
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 steeplSilo ed lot is a lot with an average slope of 25°/o_ or more, when
measured from the front line to the most distant polllt of the building.
Lot Through; Double Frontayze 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 "Liaht 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.
Ordinance 2524 - Page 10 of 57
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.
Mitiy,ation 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.
Ordinance 2524 - Page 11 of 57
b. Accesswgy. 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, exeept that the fflwe-e of -A
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.
Ordinance 2524 - Page 12 of 57
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;
12/19/20061. 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 pedestrianibicycle path.
Pedestrian Densitv. The ratio of pedestrians to sidewalk area is intended to encourage increased
pedestrian density in order to promote retail use and provide community interaction.
Ordinance 2524 - Page 13 of 57
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 Facili , 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.
Ordinance 2524 - Page 14 of 57
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 Accesswgy. 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.
Ordinance 2524 - Page 15 of 57
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.
Securily. 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 Nursin Fg acil . Skilled nursing facilities provide 24 hour direct medical, nursing and other
health services. Registered nurses, licensed practical nurses, and nurses' aides provide services prescribed
Ordinance 2524 - Page 16 of 57
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
elevatietu change tiom the highest int to the low set point and D is the horizontal distance from the
hichest point t_o the lu��cst point. (Cross-Reference;_4_s>1
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 avera,e slop4_of 25%fi
_ or more, when measured from the -ont_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.
St_ y. 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.
Ordinance 2524 - Page 17 of 57
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.
Ordinance 2524 - Page 18 of 57
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.
I. 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.
Ordinance 2524 - Page 19 of 57
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.
Utili . 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.
Ordinance 2524 - Page 20 of 57
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; Capaci (Utility
Development Standard): See LOC 50.61.010; Cut or Excavation: See LOC 50.43.010; Design vehicle: See
Ordinance 2524 - Page 21 of 57
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 S , les:
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.]
50.06.035 Lot Size, Density Transfer, and Maximum Floor Area Ratio (FAR)
1. The standards are as follows:
a. Lot area and maxinuun floor areas shall meet the standards of Table 50.06.035.
TABLE 50.06.035
b. Residential development -in the R-5 zone shall comply with the following maximum floor
area standards:
1. For purposes of calculating maximum floor area for dwellings in the R-5 zone, the floor
areaarages and accessoy 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 }ger Lot = 2,850 square feet
+ [(actual lot size - 5,000 square feet) x 0.281 + a 500 square foot floor area allowance per residential unit
providing a garage.
(2) Lots less than 5,000 square feet: Maximum Floor Areaep r Lot = 2,850 square feet +
(actual lot size - 5,000 square feet) x 0.4$ + a 500 square foot floor area allowance per residential unit
providing a garag .
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.
Ordinance 2524 - Page 22 of 57
Minimum
Lot Area
Zone
Minimum Area
Per Dwelling
Maximum F-ARFloo n
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 subsect ion (b_below
Let area 5,000 7,000 sq. .. . .
..
.54
Lot .,..e., > 9,000 sq. ft.. .44
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:
1. For purposes of calculating maximum floor area for dwellings in the R-5 zone, the floor
areaarages and accessoy 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 }ger Lot = 2,850 square feet
+ [(actual lot size - 5,000 square feet) x 0.281 + a 500 square foot floor area allowance per residential unit
providing a garage.
(2) Lots less than 5,000 square feet: Maximum Floor Areaep r Lot = 2,850 square feet +
(actual lot size - 5,000 square feet) x 0.4$ + a 500 square foot floor area allowance per residential unit
providing a garag .
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.
Ordinance 2524 - Page 22 of 57
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.
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
Maximum Lot overage
Zone
Dwelling Type
Maximum Lot Coverage
R-0
40%
Single family detached
35%
Single famil attached
R-2
Row House
55%
Duplex
55%
Other Structures
50%
R-3
50%
v.
Single fiimii. dela l hee
4"
Single +ily-d-e4 i
2—z ARE
O
R-5
Single Family detached
Height (ft.) Maximum Lot
Coverage (%)
22 or less 4D_'/o
>22 to 25 42%
>25 to 28 38 to
_>28 to 30 3
>30 351
Single Family attached
50%
Other Structures
1 50%
WR
1 100%
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.
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:
Ordinance 2524 - Page 23 of 57
structure Type
Front
Side
Rear-
earAttached
AttachedDwelling
10 ft.
10 ft. (exterior wall)
0 ft. attached wall
10 ft.
Detached Dwelling
10 ft.
7 ft. (exterior wall)
0 ft. attached wall
10 ft.
< 18 feet in height
20 ft.
5 ft.
20 ft.
> 18 feet in height
20 ft.
10 ft.
20 ft.
Other Structures
10 ft.
1 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 T
Front
-'K `- 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.
1
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.
Ordinance 2524 - Page 24 of 57
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
nunimunt required front yard setback for detached dwellings shall be 18 feet.
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)(a) above and (5) below_ , the base height of a structure in the
R-0, R-2, R-3 and R-5 zone shall not exceeds
a. Flat Lots - 28 feet: en fleA lots
b. Lots with Sloping Topog►aphy_- Maximum base height across the site shall be established by a
flat plane measured at 28 feet above the highest point on the natural g iulde 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 -of 35 feet, on sloped lots. Examples of pefmi4ed emeeptiens are ilhiStFated-Iff
Appendix 50 .06 n
3. In the R_0. R-3 or R-5 zones, aA structure shall not exceed a -the base height of 28 feet E~ 984 lot
OF 35 feet on sloped standards set forth in subsection (2) above in the n n, n 3or- n c zones 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 minimum 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 heist 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.]
50.06.060 Structure Design — R-0, R-2, R-3, and R-5 Zones.
1 Applicability . The structure design standards of this_swion_shall appy to the following_types of
development within the R-0, R-2, R-3; and R-5 Residential_ Zones:
• Detached single family dwelling;;
•
Zero lot line dwelhmLs:
Ordinance 2524 - Page 25 of 57
• Duplexes; and
• Structures that are accessory to the development types listed above.
42. Street Front Setback Plane in the n 5 Ze e.
a. FrE)Ht Sottas` Pane. Except as set forth in LOC 50.06.060 (2)(c),_Tthe €Fent profile of a
structure that fronts on a street shall fit behind a plane that starts at the €Fext yaFd-setback line front yard
or side yard abutting as and extends upward, to 20 feet in height, then slopes toward the Fewenter
of the lot at a nimini m slope of 6!44—,up to the maximum allo ved28 feet in height at the peakhighest
point of the roof, as illustrated in LOC Appendix 50.07-C. File 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 sloe,
u _Side yard abutting a street - 12:12slope
b. Exceptions to the stre4t-front setback plane. Any individual roof form may penetrate the
street -front setback plane if it is less than one-third of the teta4-structure width at 20 feet i heigh* 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 tet4-structure width At :20 F e« in he:,.>i .
c. Street Front Setback Plane on Sloped Lots.
t. Down Slope (Steeply sloped lots, sloping downhill away from the street). On sloLed 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 averaue elevation of the centerline of the 5heet.as illustrated i►i LOCA
ppendix 50-07-1. 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-.I.
H. tJpsloRe�St e I sloped lots, slope uphill awa�from the street. On sloped lots that
rrNc_up in elevation from the street of rinht-of-way and where the average lot slope is 25% or more as
measured from the lot line abuting 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 aplane that
starts at the setback line fronting a street and extends upmard tu'4_ feet Ill _hight, then slopes toward the
center of the lot at a sl_ope_equal_to the average lot slope for a horizontal distance often feet, at which
point the structure may rise to the maximum allowed height for the lot as set forth in LOC 50.06.055.
1 he standard Is Illustrated In LOC Appendix 50.07-K.
3 Side Yard Setback Plane - Interior Yards
a_ _ Except as set fort-hin_section c below, the side profile of a structure shall fit behind a plane
that starts at the side! o eertN line and extends I pw�ard to 12 feet and slams towa�I the center of the lot at
a slope of 12.12 up to the maximum allowed height at the peak as illustrated In IOC Appendix 50 07-D
h Roof forms may penetrate into the side yard setback plane requned under (a) above as
follow s
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 sepal ate and distinc4_roof' loans such as dormers or gables ma)
protect into_the side setbackplane_ if they are less than one-half of the structure length
n Building protections allowed under LOC 50.22.045 may protect 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 hard_setback-plane is
iyquircd. [CrossARcference: See LOC 50 02.005. L_o"wc 1S1u2 j
24. Side Yard Appearance and Screening. At least one of the following design treatments shall be
implied along Side }aid_, of side elevation, This section is applicable to both interior side yards and side
}aids that abut streets
a Treatment I - 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
Ordinance 2524 - Page 26 of 57
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 st_ory-
FXCFP-I ION: Window ba maybe 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 orrg eater; and
iii. Windows and/or doors shall occtip�v a minimum of fifteen percent of the side elevation
facing the street All windows shall awindow tmnthat is a minimum of four inches in width.
c. Treatment 3 - Screening,
1. 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 b�, 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 I,OC Appendix 50 07-F. Standard plant units are defined inLOC Anoem lix 50.07 -Ci.
All landscape plants shall be grouped and clustered _within the side �,ard_to visually break up wall planes
into smaller segments.
ii. Fo 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 1eet-
A3) Root barrier tech niques-shall-be_used to avoid root growth damage to foundations.
5 Confer 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 e side elevation
that abuts a street:
a. Corner I reatment I - 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 -Qt five feet deep, and shall
extend along a minimum of' 25% of the side elevation that faces the street. fhe porch _must meet
setbacks.
b Coiner Treatment 2 - BalQon�. Th_e side }ard elevation shall include a second floor balcoi 3.
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 be ud the 60' cumulative length
is setback not less than 20' from the side lot line. See LOC Appendix 50.07-11
50.06.065 Garage Appearance and Location.
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 /ones:
• Detached single family dwellings,
• Zero lot line dwellings; and
Ordinance 2524 - Page 27 of 57
• Duplexes.
In the D C zene, the fellewing standards , a ept when ,� eated behind the
1rr
str-uetur-e eF the gar -age is Side Of Feaf leading, as she-Affi in Append�.Z_
A2. 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)W) 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 [INSER'l EFFECTIVE_ DATE OF THIS ORDINANCE], in the R-0 R-2 and R-3
zones.
i -ib. 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 followint criteria are satisfied.
(1) l he 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 laude 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;
B. A covered porch occupies at least 25°/O of the facade; or
C. An enclosed outdoor living space is located between the front of the house,
the garage, and the public light -of -way. __The enclosure shall consist of wood, wrought iron, brick,
stucco, stone or other masonry fencing (excluding concrete block) and include an operable entrywayate
(see LOC Appendix 50.04.065_(2)(h)(6)(4)(0 ; and
(5) if the garages for the units are ad-acent to one another, the horizontal planes of
the garage doers shall be offset no less than two feet.
i4c Nllinimize the appeffanee of the gar -age by eemplyingComply with at least two of the
following standards, to minimize the appearance of the garage:
Ai. Set the garage an additional two feet further from the front property line than the
facade of the dwelling;
131i. Provide individual garage doors, not to exceed 75 square feet each, for each parking
stall;
Eiii. Any individual garage door may not exceed 50% of the width of the fa as de cLthe
stfUetWe dwelling and Tag raue€aeade.or In the case of duplexes and zero lot line dwellin_, 50% of the
width of the combined fa_gade of the dwellings and d _gavages. Any garage opening width beyond 50% of
the welling and garage width must be set back at least 2 feet further from the front
property line than the facade of the other garage openinge;
Div. 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.
83. Multiple Garage Opening Setbacks. In any instance where a garage or aset 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.
E4. Exceptions. The standards in subsections (4-2)(a) and (12)(b) shall not apply in any one of
the following circumstances:
ia. Where the average slope of a parcel exceeds 20%,
iib. Where the width of a parcel is less than 50 feet, or
Ordinance 2524 - Page 28 of 57
i-i-ic. Where the garage is proposed to be set back at least 60 feet from the public right-of-way.
-25. 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.
36. 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;
OGNC, R-2.5 and R -2.5/W Zones.]
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.
and
Fron Sade Vard Recce
Yard Adjaeent Yard S:de and Rear- Vards
te-a Sweet
pef ivirsvf DrOF600S Of S ue r-
SStr-uettures S4ustures !-1$ feet , 18 feet
! -1 8 feet > 18 feet In heig in heigh
in height in height
20 feet en 5 fee 5 feet Minifflum Side Same as
20 fee aFter-ial and width on a side, 20 fee 5 fee feF Pfiffiaf�,'
t7rVt� '1 15 feet stere
10 feet on le euffiulative�'
streets except as- R e e&
subseetien (3) eF LOG Gn n7 04 7 for -
this serat sethaek requir-etnen4s f9r-
givages
Ordinance
r -
Ordinance 2524 - Page 29 of 57
R-6 MiMinim um Yard Sethark
Structures < 18 feet in height:
Structures> 18 feet in height:
Primary bttructures
Accessory Structures
Other Accessory
Structures
Garage -Vehicle
Opening
IAlco see L.00
Section 50.07.047.
< 600 sq. ft. and with
walls < 10 ft, in hei¢ht
below the eave
garage Appearance
and Location)
Front
20 feet
20 feet
20 feet
15 feet behind the
front building line
of the house
(Qxcludin� a
norchl
-sick.
AAjau
Arterial/CQUectore 20
Arterial/Collector: 20
Arterial/Collector: 20 feet
ArteriaUCollector:
fLd
Local: 7.5 f Qy%ded
fVS-L
LQsA1:1.5 feet provided
Local: 7.5 feet proyoded
20 feet
Local: 15 feet
there is no less than 20
to -a-
Street
there is pole s_than 20
th.cre *sno lessthan 20
feet between the road
feet between the road
feet between the road
surface and the structure
surface and the
strllctM
surface and the structure
SiSl_tr
7.: feCi
:_feel��t
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. A FRUlti StENY AMOUR ffla�'14 Ve a SMaller- side yefd setbaek than r-eqUiFed in subseetion (1) of this
seetien where the gFound flOOF is setbaek a minimum ef 5 feet and the r-emainder- of the stmetur-e is stepped
b 4 -am the id building line by eA least f feet o arab side
43. 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_ .[INSERT EFFECTIVE DATE_ OF THIS
ORDINANCE, are subLect to the following minimum side yard setbacks -
Primary and Accessory Structures Built Before [INSERT EFEECIM DATE. OF THIS
O DINANCEL
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
buidding line by at least four feet on each side.
50.07.030 Height of Primary Structures.
1. Bae um Height. Primary structures shall not exceed 28 feet in height on a flat let 35
feet en a sleped let, except as otherwise specified in subsections (2) or (3)_below.
Ordinance 2524 - Page 30 of 57
2. Exceptions to the Base Maximum 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 SlQping _T'opography. Base__ building height across the -site shall be
established by a flat plane measured at 28 feet above the hi hcstpoint 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 (31.
[Cross -References: Accessory Structure Height: see LOC 50.07.045, Accessory Structures; Hei t
Limitation: see Charter Section 46A for 50 ft. Maximum Height of Structures in Residential Areas.]
50.07.035 Lot Coverag .
1. Lot coverage and fleeF afea FMies in the R-6 zone shall not exceed the lot coverage and fleeF area
standards found in Table 50.07.035 below:
TABLF. 50.07.035
Lot Coverage On the R-6 ZQ=
Lot size in sq. fl.
QL
?0'
UL
tom'
�:a
1Q2X
>2
tal4_'
?IC
in_L
2aZ
to_ '
�t2;
o2Z=
> 7'
7,000 or less
45%
43°u
42`Yo
40%
38%
360/0
35%
35%
350//Q
>7,000 - 8,500
36%
36%
36%
36%
36%
3.6%
35%
34%
33%
>8,500— 10,000
35%
35%
35%
35%
34%
33%
32%
31%
30%
> 10,000 - 1 1,500
35%
35°/o
35%
33%
3 1 %
30%
29%
28%
27%
>11;500
35%
34%
33%
30%
28%
27%
25%
?5%
[-or purposes of regulating lot coverage in relation to building hei�_ht base building height shall be
established by a flat plane measured front the highest point _of the natural grade mthin the builin
envelope, provide_ d that the height is no more than four feet higher than the base height listed in Table
50.07 035.
Ordinance 2524 - Page 31 of 57
if 9L%l • 1 1 I ZI N
7 FAR D F Uses other- tha 1 F '1r dwellings and their- aeresseFy e sh
all be as f llews:
a. The FAR fOF uses listed as eenditional uses shall be established as paft ef the eenditienal use
b. The FAR D For- other- fien r-esidential uses shall be ., gr-e..te« than 1! 1
32. Decks less than 5 feet above grade, stairs, pergolas, trellises or other landscaping structures, and
concrete slabs shall be exempt from lot coverage and FARcalculations.
43. No more than 60% of the lot may be covered with impervious surfaces
-�1 Provided it is the only garage on the site, -T -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.
65. 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.
50 07.037 Maximum Floor Area,
1. For purposes of calculating maximum floor area for dwellin s in the R-6 zone, the floor area of
garages and accessory -structures shall be included in the total that is sub-iect to the maximum floor area
standard of this section.
2. Me maxu»um 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
0.1 yj + a 500 square foot floor area allowance per residential unit providing aara_ge.
3 Floor area for uses other_ than outright permitted residential development_ and their accessory
uses shall be as follows
Ordinance 2524 - Page 32 of 57
�
11
T
44-4—_462
Tr-vv� Zrvvv�
�.1 1 flllfl.�.l4 !1!111-
>45 00
22
7 FAR D F Uses other- tha 1 F '1r dwellings and their- aeresseFy e sh
all be as f llews:
a. The FAR fOF uses listed as eenditional uses shall be established as paft ef the eenditienal use
b. The FAR D For- other- fien r-esidential uses shall be ., gr-e..te« than 1! 1
32. Decks less than 5 feet above grade, stairs, pergolas, trellises or other landscaping structures, and
concrete slabs shall be exempt from lot coverage and FARcalculations.
43. No more than 60% of the lot may be covered with impervious surfaces
-�1 Provided it is the only garage on the site, -T -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.
65. 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.
50 07.037 Maximum Floor Area,
1. For purposes of calculating maximum floor area for dwellin s in the R-6 zone, the floor area of
garages and accessory -structures shall be included in the total that is sub-iect to the maximum floor area
standard of this section.
2. Me maxu»um 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
0.1 yj + a 500 square foot floor area allowance per residential unit providing aara_ge.
3 Floor area for uses other_ than outright permitted residential development_ and their accessory
uses shall be as follows
Ordinance 2524 - Page 32 of 57
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_exc-eed 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 ofdetached accessory structures that
would nonnallv be counted as floor area for purposes of floor area calculations, shall be exempt as
161lows 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 teet in area - up -to 400 square feet
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 50.07.040-13)lc)=-Tthe €Fentprofile of a structure that fronts on a
street shall fit behind a plane that starts at the 4e14}erd-setback line (front }-ard or side -yard -abutting a
streetand extends upward to 20 feet in height, then slopes toward the r-eafcenter of the lot eta -s ape e€
642, up to 28 feet in height at the peak, highest point of the root, 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 abuttingastreet,asfollows:_
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 tetal-structure width at 20 feet in height. Two
or snore -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 total structure width at 20 feet in height. 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 slo ep d lots
where the averai e elevation of the ground surface at the setback line fronting a street is belov, 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
50.07-1. For this measutcment, the average elevation of the street centerline shall be measured at points
along the_ street centerline xNhere a perpendicular line extended from the centerline would intersect the
abutting property corners, as illustrated in LOC Appendix 50.07-J.
ii. U slo e Steeply sloped lots, sloping uphill_a_way-from the street). On_ sloped lets that
rise u in t elevation from the street or right-of-way and where the average lot slope is 25% or more as
measured from the lot line abuting a street to the most distant -point of the dwelling, the street front
setback plane shall be determined as follows: the front-protile ofa structure shall fit behind aplane that
starts at the setback line fronting a street and extendsupward, to 24 feet in height, then slopes toward the
center of the lot ata slope equal to the average lot slope fora horizontaldis-tance often 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
Ordinance 2524 - Page 33 of 57
4. Side Yard Setback Plane - Interior Yards.
a. Except as set forth in section (c below, the side -profile of a structure shall tit 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-L.
b. Roof forms may penetrate into the side yard setback plane required under (alabove as follows:
i. Any individual roof Corm 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
po e_� ct into the side setback if they are less than one-half of the structure length.
ii. Building-proieclions allowed under LOC 50.22 04.5 may ret 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 fi-om the abutting street, no side yard setback plane is
reauircd, [Cross-R_eference: See LOC 05, Lot, Steeply ��
45. Side Yard Appearance and Screening.
At least one of the following design treatments shallbe be ap lip ed along_ side yards or side
elevations. T Iii,, section is applicable to both interior side yards and side girds that abut streets.
a Treatment l - Maximum Sid_ e Yard Plane_
ei. 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.
bi i. 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. I'reatment 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 wallplane for one full story-
EXCLPTION: Window bays may be utilized to satis , the requirement for offsets. Such
windows shall extend a minimum of twelve niches outward from the main wall of a buildnw, 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 rool'eave overhang f 16 inches or greater; and
Windows and/or doors shall occupy a minimum of fifteen percent of the _-side-elevation
Lacing the street_ All windows shall a window trun that is a minimum of fo_ ur inches in width.
c. Treatment 3 - Screenin,.
i. The applicant shall provide screening and bufferingof 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 w ithin 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. _ StandardIp ant units are defined in LQC Appendix 50.07-G.
All landscape plants shall b_e_grouped a_n_d _clustered within_ the side yard to visually break up -wall -Planes
into smaller segments.
ii. To uw the screeningoption, the following standards must exist or be provided:
( I ) A minimum distance of' 15 feet between dwellings.
(2) Columnai tree species shall be used when the setback is less than 10 feet.
(3) Root barrier techniques shall be used to avoid rootrroowt_h damage to foundations.
Ordinance 2524 - Page 34 of 57
6 Corner Lots - Side Yards That Abut Streets. As an alternative to the treatments set forth in LOC
-) - - - g - -
Section_50 07.040 5 on a corner lot; either cif the followin treatm nts can be used for the side elevation
that abuts a street:
a Corner I'reatment I - Covered Side Porch. fhe 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
evtend along aminimum 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 sha_II be a minimum 30 -square feet in area—and a_minimum of three feet deep. The balcor�
may encroach four feet into the setback,
7. Long Wall Planes. To break up building mass and_provide greater privacy on na1TQVV lots, -on a
lot that has treater than 2.5-.1 ratio of lot depth to the average of the -lengths of the frpnt and rear setback
lines, no portion of a_residential structure shall exceed 18' high for a cumulative _Length greater than 60',
unless the e___V rtion of the residential structure more than 18' high beyond the 60' cumulative length
is setback not A -less than 20' from the side lot line. See I.00 Appendix 50.07-H.
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 alle} access is axailable, 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 %hen the lollowing criteria are satisfied:
( I ) The combined total lot width for the two lots upon which the zero lot line
dwellings are -located is-le5s than 88 feetTand
(2) 'I he total combined width_ _of all gara�e doors does not exceed 36teet: 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) Une 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 occu ies at least 25% ofthe fa4ade.
(5)If the-garaoc", for the units are add�aaccnt to one another, the horizontal planes of the
garage doors shall be offset no less than two teet.
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.
Ordinance 2524 - Page 35 of 57
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:
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 250 or more, the
minimum required front yard setback for detached dwellings shall be 18 feet.
50.08.035 Height of Structures.
1. D ... etu a shall eta eed the fellewing maximum he ".s:Ma\ImUm Base Height.
Except as provided in subsection (2) below, a primary structure shall not exceed the following maximum
base heights.
Zone
Primary and Accessory
Flat Lot l t with Slo_ pini
To ogra h
Sloped Lot
R-7.5
Structures
Primary Structures
Accessory Structures
30 feet 34 feet*
Front
Side Yard Adjacent
35 feet 35_feet
Rear
Zone
Yard
to a Street
Other Side Yards
Yard
Side and Rear Yards
Portions of
Portions of
Structure
Structure
Structures
Structures
< 18 feet
> 18 feet
< 18 feet
> 18 feet
in height
in height
in height
in height
R-7.5
25 feet
20 feet on arterial
5 feet min.
10 feet
30 feet
5 feet, side
10 feet, side
and collector, 4-015
width, total
10 feet, rear
15 feet, rear
feet on local streets
combined
width 15 feet
R-10
25 feet
20 feet on arterial
10 feet
15 feet
30 feet
10 feet, side
15 feet
and collector, 15 feet
15 feet, rear
on local streets
R-15
25 feet
20 feet on arterial
10 feet
15 feet
30 feet
10 feet, side
15 feet
and collector, 15 feet
15 feet, rear
on local streets
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 250 or more, the
minimum required front yard setback for detached dwellings shall be 18 feet.
50.08.035 Height of Structures.
1. D ... etu a shall eta eed the fellewing maximum he ".s:Ma\ImUm Base Height.
Except as provided in subsection (2) below, a primary structure shall not exceed the following maximum
base heights.
Zone
Maximum Baste Hei t
Flat Lot l t with Slo_ pini
To ogra h
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
Ordinance 2524 - Page 36 of 57
*Lots with Sloping Topography — Maximum_ base height across the site shall be established by a flat plane
measured at 28 Icct (R-7.5 zone)or 30 feet R-10 zonesabove the highest oil i�fthe-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 — Rase 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.]
50.08.040 Lot Coverage
1. Lot eeverage sliall not emeeed 35° _250,4 for a pr-ifnafmy
+..,.,4ur-e > 22 feet in height oHxcept:
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
fol low ing table:
Ordinance 2524 - Page 37 of 57
•p
TAB SO8.0
040
Maximum Lot Coveraac — R.7.5, R-10, and R- 15
Hei th (!tl
Munum
Lot Coveril
--
ig °°
22' or less
35_%
35%
35 °ice
>22' to 23'
33%
34 %
>23' to 24'
M%
32%
33 °o
>24' to 25'
28%
30%
32 °
>25' to 26'
25_
28%
3010
>26' to 27'
25 °-�
27%
29%
>2_7' to 28'
25 0
25%
28Y-0
>28' to 29'
25 %
25-
T
>29' to 30'
25o
25 %
25%
>30' to 31'
25-%-
25%
25 %
>31' to 32'
25%
25 %
251
>32' to 33'
25 %
25 °b
25-%
>33' to 34'
25%
23 9/0
1
25%
—>34'
25 %
25 °0
25zo
3. h9 Ouster- devel-pments, lot e :ements may be applied with Fefer-enee te the pr-ejeet as
a wheie and not on a lot by lot basis.
Ordinance 2524 - Page 38 of 57
a • .
... raa
�MWATMTAIPMM KEW.•aa
•a. ..•
•
OEM rra
AT
rr• raa
arr • rra a
• aa• •_ ar_a_ •
3. h9 Ouster- devel-pments, lot e :ements may be applied with Fefer-enee te the pr-ejeet as
a wheie and not on a lot by lot basis.
Ordinance 2524 - Page 38 of 57
feet.
ii. Fer- lots greater -than 10,009 square feet in area
I} L•1eer- area f t+ 1, aa o 1 r .d t or- e of the . stmet e or- for- side lead:
2 The garage footprint, me uding any area directly above or below the garage, shall be exempt from
lot coves e asprovided below
a. (i) rear- or side -loading, or
(ii) located 20 tett or more back from the closest point of the dwelling -to the front lot line, or
(tri) 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 - uo to cumulative mammum 400 square feet.
feet.a. F-E)F WtS less thafl E)F eEltial tO 10,000 squaFe feet in area up to 200 square
b. Fer- lots gr-eateF than 10,000 square feet in aFea up to 4 00 squaFe fe
6. FAR D F uses ether- than single family dwellings and theif t a ..hall be as fellows-.
a. The FAR fOF USeS listed as eenditional uses shall be established as paft ef the eendifienal us -e
50 08 042 Maximum Floor Area.
I For purposes of calculating maximum floor area for dwellings in the K-7,5, R-10, and R-15
zones, the floor arca of garages and accessory structures shall be included -in the total that is subject to the
nlavnuum floor area standard of this section.
2. The mammum floor area per lot in the R-7 5, R-1.0, and R-15 zones shall not exceed the floor
atea calculated according to the formulaincluded in Table 50 08.042.
3. Habitable areas of detached accessory structures that would normally be counted as floor area,
shallbe eft G-om floor area calculations.
a. For lots less than or equal to 10,000 square are 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 I he FAR for uses listed as conditional use, shall be established as part of the conditional use
pr ocess
Ordinance 2524 - Page 39 of 57
Base Floor Area Calculation
Bonus Floor Area (based on zone)
Additional floor area
Qi1
(dependent on lot size)
alLowan-exp residnn—tial
unitpTqyidin&q_garagq
3000 square feet +
tactual lot size - 5800 squar feet) x 0.191
±
600 s ft
750 sq. ft.
R-10
850 s . ft.
R-15
3. Habitable areas of detached accessory structures that would normally be counted as floor area,
shallbe eft G-om floor area calculations.
a. For lots less than or equal to 10,000 square are 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 I he FAR for uses listed as conditional use, shall be established as part of the conditional use
pr ocess
Ordinance 2524 - Page 39 of 57
b The FAR for other non-residential uses shall be no greater than I • I
50.08.045 Structure Design.
1. Street Front Setback Plane.
a. Except as set forth in LOC 50.08.045 (1)(c), Tthe €Fentprofile of a structure that fronts on a
street shall fit behind a plane that starts at the €Fent yeFd setback line front yard or side yard abutting a
street and extends upward to 20 feet in height, then slopes toward the Fea-r-center of the lot at a minimum.
slope of 64-2—,up to the maximum allowed height at the peakhighest point_ of the root, as illustrated in
LOC Appendix 50.07-C. The slope of -the street front setback -plane is dependent_ uponwhetherit 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 ,trcet_front setback plane. Any individual roof form may penetrate the
street front setback plane if it is less than one-third of the tete)-structure width at 20 feet in height. See
LOC Appendi\ 50.07-D. rwo 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 tet structure widthat�xr20 feet in
1469414.
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 07-1 For this measurement, the average elevation of the street centerline shall be measured at points
along the street centerline where a perpendiculai line extended from the
_centerlinc world 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 of right-of-way and where -the-averaac_ lot slope is 25% or mole as
measured from the lot line abating a street to the most distant -point of the dwelling,_ the street front
setback plane shall bodetcrmined 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 5.0.08.035.
The standard is illustrated in LOC Appendix 50.07-K
2 Side Yaid Setback Plane -_Interior Yards.
__ a Except as set forth in section (c) below, the side profile of a structure shall tit 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 IOC Appendix 50.07-E.
b _ Roof forms ma,, penctiatc -into the side yard setback plane required under (a) -above as
follows:
i. Any individual roof fonn may penetrate _t_he 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 setbackplane if they are less than one-half of the structure length at 12
feet in height
H. Buildingprojections 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 fi-om the abutting street, no side yard setback plane is
rcqunrcd [Cross -Reference: See 50,02, 005, L t S eeply-SJMWA
23 M,..,:.,.um Side Yard PlaReSide 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 e yards and sideards that abut streets.
Ordinance 2524 - Page 40 of 57
_ a. Treatment I - Maximum Side Yard Plane.
ei. 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.
bii. 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. _ l'reatment 2 - Side Yard Features.
i The side elevation of a structure shall consist of two or more planes that are offset by a
minimum ol' 16 inches The, "all planes shall be a minimum of 4 feet in vvidth, and shall result in a
Oiange in a wall plane for one full story -
EXCEPTION: Window bays may be utilized to satisfy_ the requirement for offsets. Such
-� - ----s
windows shall extend a minimuun of twelve inches outward from the main wall of a building and shall
forst a functional bay or alcove in an interior room. Bay windows used to meet this requirement shall
not be exempt front setback requirements;
and
ii Walls shall include a roof eave overhang of 16 -inches -or greater; and
Hi. 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 tour inches in width.
c. Treatment 3 - Screening.
i. Hie 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 el-evation plus 20 feet beyond the width of the
building at either end, and outwaid 20 feet from the side elevation of the building,towards the side lot
line, as shown in LOG 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 se m ents.
ii. Vo use the screening option, the following standards must exist or be provided:
( I ) A minimum distance of' 15 feet between dwellings.
(2) Columnar tree -species shall be used when the setback is less than 10 feet.
C)) Rout harrier techniques shall be used to avoid root growth damage to foundations.
-t 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 sideelevation
that abuts a street*
it Corner Treatment I - Covered Side Porch. The side -yard elevation shall include a covered
porch. I he porch shall be a rninimum of 80 -square -feet -in - area, -a-minimum-of five feet -deep, and shall
extend along a inntnnum 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 f7oor-balcon .
The balcony shall he a ntntnnum 30--squaie feet in area, and a minimum of three feet deep. The balcony
maiencroach four feet into the setback.
5. Long N'a11_Planes. To break " building mass and provide greater pri%acy 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 no( less -than 20' from the side lot -line.--See LOC Appendix -5__0.07-11.
Ordinance 2524 - Page 41 of 57
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 dwellinz_ma,, occupy_up to 75% of the width of the facade of the structure v, heir
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 doe_ s 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:
( I ) Pergolas of trellises are provided across the front of the garage: car
(2) A covered porch occupies at least 25%ofthe.fagade; or
(3) An enclosed outdoor living space is located between the front of the house, the
gala_qe, and the public right-of-way. _The enclosure shall consist of ��ood, ��ruu�ht iron; brick, stucco,
stone, or other masonry fencing (excluding concrete block) and include an operable entrywayatg e (See
LOC Appendiv 50.06 065(2)(b)(ii)(4)(C) ; and
F. If the garages for the units are adjacent to one another the horizontal planes of the
garage doors ,hal I be offset no less than two feet.
iii. e the o e of the gaffige by eCo_mplyifrg 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 facade of' the
s4uetufedwe I ling and garage€aeade, or in the case of zero lot line slwellinas, 50% of the width of the
combined fagade of the dwellings_ and-garages. Any garage opening width beyond 50% of the
stmetur-edwellings and garage width must be set back at least 2 feet further from the front property line
than the facade of the other garage volumeoenin ;
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
Ordinance 2524 - Page 42 of 57
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.
50.14.005 Accessory Uses.
1. Accessory uses are allowed in conjunction with the principal use and shall comply with the
requirements of this section and all requirements for the principal use, except where specifically modified
by this Code.
2. A greenhouse or hothouse may be maintained accessory to a dwelling only if there are no sales.
3. A guesthouse may be maintained accessory to a dwelling provided there is no kitchen space or
cooking facilities in the guesthouse and the square footage is less than 400 square feet.
4. Pool covers shall not exceed 15 feet in height.
5. A side-eFrear yard setback may be reduced to three feet and a side yard may be reduced to five
feet for an accessory structure in a residential zone if the structure complies with the following four
criteria:
a. The accessory structure is erected more than 40 feet from any street. For the purposes of this
section, an alley shall not be considered a street. The side and rear setbacks for a detached garage obtaining
access from an alley may be reduced to 3 feet or to the degree the garage maintains access that provides an
outside front wheel turning radius of at least 25 feet, whichever is greater.
b. The accessory structure is detached from other buildings by 5 feet or more.
c. The accessory structure does not exceed a height of 10 feet nor an area of 600 hundred square
feet.
d. The parcel is zoned other than R-6.
The setback exception authorized by this subsection does not apply to setbacks required by LOC
50.22.035 (Special Setbacks). The setback exception also does not apply to noise producing accessory
structures such as heat pumps, swimming pool motors, etc., unless abutting property owners of the
proposed site of the proposed noise producing accessory structure agree in writing that said accessory
structure may be located within the accessory structure setback exception permitted under this subsection.
Flag Lots. The setback exception authorized by this subsection does not apply to flag lots. However,
a side or rear yard accessory structure setback may be reduced to 6 feet on a flag lot when the above
criteria (a -d) are met.
6. "Dish" type antenna may only be placed in rear yards, on the ground, and must be screened by
landscaping.
7. Except as provided in LOC Article 50.16, boat houses and docks along Oswego Lake and its
canals may be placed on a property line.
[Cross -Reference: LOC 50.07.045 - Accessory Structures in R-6 Zone.]
50.17.015 Authorization.
1. In considering an application for a PD Overlay, the reviewing authority shall apply the height,
Floor Area Ratio (FAR), lot coverage, garage appearance and location, use, open space and density
requirements of the underlying zone and, if applicable, the setback requirements of LOC 50.06.050 (5).
The FAR and lot coverage requirements may be applied with reference to the total area of the project as a
whole and not on a lot by lot basis.
2. a. Except for the special setback requirements of LOC 50.06.050 (5), the reviewing authority
may grant exceptions to the lot size, front setback plane, maximum side yard plane, lot dimension and front
and rear setback requirements of the underlying zone if the applicant demonstrates that the proposed PD
provides the same or a better sense of privacy, appropriate scale and open space as a PD designed in
compliance with the standard or standards to which an exception is sought. The considerations in granting
the exceptions are set forth in subsection (b) below:
Ordinance 2524 - Page 43 of 57
b. In making the determination under subsection (a), the reviewing authority may consider:
i. Whether the applicant has reserved or dedicated more than the minimum amount of open
space required by the Park and Open Space Development Standard.
ii. Whether the requested exception allows the lots to be designed in a manner that provides
better access to common open space areas from within and/or outside the PD, better protects views, allows
better solar access, maintains or improves relationships between structures, maintains or improves privacy
and/or improves pedestrian or bicycle access to surrounding neighborhoods.
iii. Whether the requested exception will allow a more attractive streetscape through use of
meandering streets, access through alleys or shared driveways, provision of median plantings, or other
pedestrian amenities.
iv. Whether the requested exception will enhance or better protect a significant natural feature
on the site, such as a wetland, a tree or tree grove, or a stream corridor.
v. Whether the requested exception will provide better linkage with adjacent neighborhoods,
parks and open space areas, pathways, and natural features.
vi. Whether the requested exception will allow the development to be designed more
compatibly with the topography and/or physical limitations of the site.
c. In the R-7.5, R-10, and R-15 zones, where the parcel being developed is less than 75,000
square feet in size, the following additional provisions apply:
i. Rear Yard Setback Exceptions.
1. For lots where the rear yard setback abuts open space land, the rear yard setback may
be reduced by up to 50% of the base zone requirement.
2. For lots where the rear yard setback do not abut open space, the rear yard setback may
be reduced by the percentage of the gross site area that is designated as open space, but in no case greater
than 20% of the base zone requirement.
ii. Lot Size Exceptions. Lot sizes may be reduced by the percentage of the gross site area
that is designated as open space, but in no case greater than 20% of the base zone requirement.
3. The following standards apply to PD and cluster developments:
a. Lots which are located on the perimeter of a development located in a R-0, R-2, R-2.5, R-3,
R-5, R-6, R-7.5, R-10 or R-15 zone, and which are adjacent to lots in an R-7.5, R-10 or R-15 zone upon
which are constructed single -family dwellings, may be not less than:
i. Development in R-0, R-2, R-2.5, R-3, R-5, R-6 zones: 75% of the minimum lot area per
unit of the adjacent zone.
ii. Development in R-7.5, R-10, and R-15 zones: 80% of the minimum lot area per unit of
the adjacent zone.
b. Housing types located on the perimeter lots described in a. shall be single -family, zero lot line
or duplex dwellings, except three attached dwelling units may be placed on three lots which abut at a
common point with the middle lot being a corner lot.
c. In a PD or cluster development located in a R-0, R-2, R-2.5, R-3, R-5, or R-6 zone which
abuts a R-7.5, R-10 or R-15 zone and which does not contain separate lots for the dwelling units, the
building setbacks shall meet the requirements of the zone in which the development is located.
4. If the proposed PD is part of an approved ODPS as described in LOC Article 50.71, requirements
of the ODPS approval regarding arrangement of uses, open space and resource conservation and provision
of public services, will be considered when reviewing the considerations in subsection (1) for the PD.
5. Except as required by LOC 50.06.050 (5), the reviewing authority may grant exceptions to the
minimum side yard setbacks of the underlying zone, without the necessity of meeting the requirements of
LOC Article 50.68 (Variances) if the requirements of LOC 50.17.015 (2) are met, and:
a. Proposed lot sizes are less than the minimum size required by the underlying zone, or
b. Lesser setbacks are necessary to provide additional tree preservation or protection of abutting
natural areas.
C Side yard--sctbacks shall not be reduced to less than -8 feet -except under the followint
circumstances:
Ordinance 2524 - Page 44 of 57
i. Structures on abutting lots Within the development are separated by no less than 16 feet
when all portions of the structure within the standard setback are no greater than 18 feet in heir
ii. Structures on abutting lots within the development are separated by no less than 20 feet
when any portion of the structure exceeds 18 leet in height within the standard setback area.
This limitation does not affect the underlying base zone %ard setbacks when those setbacks are
less than 8 feet. See LOC Appendix 50.17.015 (5)(c).
[Cross -Reference: See LOC 50.68.017 (2) Variances Not Allowable - relating to Planned Development
Overlay zone requirements.]
50.20.020 Access.
1. For land divisions creating flag lots, the reviewing authority shall require that access to the
flag lots shall be consolidated into a single shared deiveway-access lane wherever practicable, including
consolidation with the access of the parent lot. Access lanes shall extend through the partition site and be
extended to abutting developable property to provide a continuous _connecting access lane where
practicable
2. Flag lots shall have access to a public or private street; however, actual street frontage shall not be
required.
3. A driveway shall be used to serve _a_si_ngle property._ An access lane shall serve no more than
eight piopertics.
a. Driveway widths shall be a minimum of 12 feet. Driveway length, construction standards,
and turnaround requirements shall be determined by LOC Article 50.58 "On site Circulation - Driveways
and Fire Access Roads".
b See LOC 50.57.020 for width of access lanes.
4. No more than two driveways of access Innes shall be permitted within a distance equal to the
minimum lot width of the underlying zone, or within 50 feet of each other if no minimum exists, as
measured from the closest edge of each driveway or access lane.
5. All buildings on flag lots must post an address at the beginning of the driveway or access lane.
The address shall be no less than 6 inch tall, must be on contrasting background, plainly visible, and must
indicate the direction to the building.
50.20.025 Lot Configuration Requirements.
1. Determination of Front Yard: At the ti-~^ of land ,d:..:S:e.. FeView f - ^ fart let ^ eetion, The
front yard shall be determined as follows:
The front yar- d of a flag let i measur-ed from the let line Chet Most parallel and elesest to the
street, e elu ding the pole pe..t:en of'the lag let
Except for a lot that fronts on a public street, the front yard(s) of a_ flag_ to shall be measured from
the access lane or from a projected extension of the access lane through the -property (see Section
50.20 030 O for setback requirements). Note: A frontyard occurs on either side of the access lane of
the flag lot. See LOC Appendix 50.20.025-A).
e0191figUFa4i0fl, eF similar- reasons, then the fFent yafd will be measufed from a ffepeFt�, line that abuts the
2. Lot Width: Lot width shall be measured by a line connecting two points on opposite side yard
property lines, that will result in a line parallel to the front yard.
3. Lot Depth: The lot depth shall be measured at the mid -point of the front and rear property lines of
the "flag".
4. Lot size: Area of access easement or flagpole shall be deducted from the gross acreage of the flag
lot. The "flag" portion of the lot shall be equal to or exceed the square footage of the underlying zone.
[Cross -Reference: See LOC 50.22.025 (3) - Determination of Front Yard for Flag Lots and Lots
Accessing by Easement.]
Ordinance 2524 - Page 45 of 57
50.20.030 Building and Site Design Standards.
1. Building Orientation: For land divisions the reviewing authority shall require tbatthe following:
a. New' dwellings on flag lots shall have the front of the house oriented towards the access lane
or from a projected extension of the access lane through the property
bBuildings shall be oriented to provide the maximum separation and privacy from existing a*d
€ttwF"wellings on adjaeeHtabutlinz lots outside of the partition site. The reviewing authority may
require conditions of approval to include measures such as specific building locations, increased setbacks,
additional height restrictions, location and orientation of windows and other openings.
2. Garage placement shall be reviewed at the time of building permit application to ensure minimum
visibility of the garage from the street. Garage placement shall meet the following requirements:
a. Be side -loading where a turning radius can be provided that allows for a minimum of 24 feet
separation from the garage door and any obstructions or property lines, or
b. Be placed such that no more than 40% of garage wall area is visible from the intersection of
the flag lot driveway and street.
c. When a garage is visible from the street, 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 facade visible
from any point at the intersection of the driveway and the public street.
To demonstrate compliance with this standard, building elevations shall be submitted which depict
the facade area visible from the street at a width equal to the access easement.
The area of a specific facade of a building is determined by adding the square footage of surface
area of each section of wall visible from that perspective. For buildings with more than one wall (plane)
along one facade (for example, rooms jutting out from the main building or a building where each floor is
set back from the floor below), all of the walls are included in the total area. The total area does not
include any roof area.
3. Maximum Structure Height. The height of a single-family residential structure and any
accessory structures on a flag lot shall not exceed:
a. For flag lots created after August 14, 2003, the taller of:
i. 22 feet, or
ii. The average height of all dwellings on properties abutting the development site, as
determined prior to the time of creation of the flag lot. Where there is no dwelling on the abutting
property or where a dwelling is located more than 100 feet away from the development site, then the
maximum height permitted in the underlying zone shall be used for calculating the average. In cases
where the abutting property is zoned to permit a height greater than that allowed on the subject site, then
the maximum height for the zone in which the subject site is located shall be substituted and used to
calculate the average.
b. For flag lots created before August 14, 2003, the taller of:
i. The maximum building height limitation established at the time of creation of the flag lot.
The methodology used to calculate the maximum building height permitted by this subsection shall be the
same methodology used to at the time of lot creation to establish the maximum building height, or
ii. 22 feet (see LOC 50.02.005, "Height of Building" for methodology).
The City Manager may execute and record amendments to previously recorded development
restrictions, upon the Owner's or adjacent property owner's request, or at the City's discretion, if
necessary to reflect a taller building height limitation than previously approved.
c. Modification of Approved Building Height. The maximum building height of single family
residential structures and accessory structures on a flag lot (whether created prior to or after August 14,
2003) may be modified from that previously determined at the time of creation of the flag lot to the
average height of all dwellings on properties abutting the development site. Where there is no dwelling
on the abutting property or where a dwelling is located more than 100 feet away from the development
site, then the maximum height permitted in the underlying zone shall be used for calculating the average.
Ordinance 2524 - Page 46 of 57
In cases where the abutting property is zoned to permit a height greater than that allowed on the subject
site, then the maximum height for the zone in which the subject site is located shall be substituted and
used to calculate the average. Where an existing structure on an abutting lot exceeds the maximum
height allowed by the underlying zone, then the maximum height permitted by the underlying zone shall
be used for purposes of calculating the average.
An application for modification of maximum building height for a flag lot shall be processed
pursuant to LOC 50.86.025 as a new application. The City Manager may execute and record
amendments to previously recorded development restrictions.
d. Exceptions to Maximum Structure 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:
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 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,
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.
iv. Examples of permitted exceptions are illustrated in LOC Appendix 50.06-A.
4. Where a flag lot abuts a lot in a r-esidential distr-iet of lower- de"sity, the gr-ee4eF setbae
. ts of the mef:e r-estfietive distfiet shall apply for- these ),afdsAhirh have abutting PFOpeFt�, l iRes.
4 Access Lane Siting. The access lane shall be located no closer than 5' to any existing structures.
�. Setback Requirements,
a_ The standard front yard setback of the zone shall be superseded by the following front yard
requirement: A minimum 10' front yard setback is required from the access lane, except that a 20'
setback is required from the access lane to-the-front of a_;arage_or carport when the garage or carport
opening laces the access lane. Forte ores of this standard, the access lane shall_ include the projected
extension of the access lane through the property as illustrated in LOCep ndiv 50.20.030 (5)(a).
_ b Where a Ila(' lot abuts_a lot in a residential district of lower density, the greater setback_
requirements of the more restrictive district shall apply for�thoseyard s which have abating lines.
c. The side and rear yard setbacks shall be established at the time of Flag lot creation, subject to
the following requirements:
r. The sum of the side and rear yard setbacks on flag lots shale greater than or equal to;
(1) 50 feet in R-10 and R-15 zone,; and
('_) 45 feet in residential zones other than _R_-10 and R-15.
it In applying the flexible standard, provide yard dimension5_that _are similar to the yard
dimensions of prnuary structures on abutting properties that are not pall of the partition site and that abut
the rear or side yards of the flag lots. but in no event shall the rear or side yard established under this
section be less-than 10 feet
6. Width and Depth Requirements. The standard zoning dimensional requirements_ for lot depth do
not apply to flag lots. No width or depth dimension of a flag lot shall he less than the standard width
dimension listed for lot under-its respective zone.
50.22.025 Special Determination of Yards and Yard Requirements;
1. Corner Lots. In the case of corner lots with more than two street frontages, the City Manager
shall determine the front yard requirements, subject to the following limitations: (1) at least one front yard
shall be provided having the full depth required generally in the zone; (2) No other front yard on such lot
shall have less than half the full depth required generally; and _(3)_ For sites where street front setback
Ordinance 2524 - Page 47 of 57
planes are required,, only one frontaee shall be required to meet the front yardsetbackplane standards.
The other frontages shall comply with the setback plane requirements for side yards abutting a street.
2. Through Lots. Unless the prevailing front yard pattern on adjoining lots indicates otherwise, front
yards shall be provided on all street frontages. Where one of the front yards that would normally be
required on a through lot is not in keeping with the prevailing yard pattern, the City Manager may waive
the requirements for the normal front yard and substitute therefore a special yard requirement which shall
not exceed the average of the yards provided on adjacent lots.
3. Determination of Front Yard for Flag Lots Created Prior to September 6, 1998 and Lots Accessing
by Easement. The front yard shall be the area abutting the property line of the "flag" portion of the lot
parallel to the street providing access to a flag lot created prior to September 6, 1998. If this standard is not
practical due to placement of structures on adjacent lots, topography or similar reasons, then the front yard
will be that portion of the lot abutting the property line of the greatest length abutting the access portion of
the flag or easement.
50.22.045 General Exceptions for Building Projections, Decks, and Walkways and Pathways to
Setbacks.
1. Projections from Buildings. Cornices, eaves, unshades, gutters, rahimneys, flues -,—belt
courses, leaders, sills, pilasters, lintels, ornamental features, and other similar architectural features may
project not more than 2 feet into a required yard or into required open space as established by coverage
standards. Canopies, sunshades, chimneys, and flues may project not more than 2 feet into a required yard
or into re uiied op�'n space a5 eslablished_by coveiage standards, but in no event may the projection be
within tine feet of a side lot line
2. Patios and decks on or above grade, but no more than 30 inches above grade, may project into a
required yard, but may not be closer than three feet to any property line. Patios and decks above 30" shall
be subject to the zone setback. Such intrusion into the required yard are to be undertaken solely at the risk
and expense of the owner. Any structure which is placed in a required yard, and is required to be moved
for any reason, shall be moved without expense to the City and the person who bears such cost shall have
no recourse against the City to recover such cost.
3. Access Walkways and Pathways. Walkways and pathways, regardless whether on grade or
elevated, that provide principal access from the adjacent public right-of-way to a dwelling or as a public
entrance(s) to a commercial, industrial, or public facility building are permitted in the required yard, so
long as the elevation of the walkway or pathway is at or below the elevation of the driveway or parking
area for the dwelling or building. If the walkway or pathway is elevated, it shall be the most direct route
practicable.
[Cross -Reference: See LOC 50.07.025 -Eaves and other decorative features projecting into setback
in R-6 Zone.]
.22.050 Exception for Survey / Construction Errors, Tree Protection, and Alignment for
Additions to Existing Structures.
1. The following exceptions to underlying zoning standards.are-permitted provided the criteria listed
in subsection 2 below are satisfied:
a. U to o 2.5% exception to lot area, or
b U to o six inches to dimensional standards.
2. Ci iteria•
a. The c.\ception is for an alteration or addition to an existing structure (conforming or
non-confonntng); and
b At least one of the following circumstances applies:
i. The adjustment is necessary to address survey or construction errors;
ii. The adjustment will result in greater tree protection, includingro)t protection, or
iii. l he adjustment for the alteration or addition %gill allow the alteration or addition to alien
Ordinance 2524 - Page 48 of 57
with the existin onion of the structure.
50.57.015 Standards for Approval.
1. Every lot shall abut a street for a width of at least 25 feet. Exception: The street frontage of a lot
created pursuant to approval of a row house development may be reduced to 17 feet in the R-0, D -D, R-2,
R-3 and R-5 zones.
2. Access design shall be based on the following five criteria:
a. Topography.
b. Traffic volume to be generated by the development.
c. Classification of the public street from which the access is taken (residential, collector or
arterial).
d. Traffic volume presently carried by such street.
e. Projected traffic volumes.
3. Direct permanent access from a development to an arterial street is prohibited where an alternate
access is either available or is expected to be available. A temporary access may be allowed.
4. Direct access from a development or a structure to a residential street is required unless such
access is not available.
5. The City may require shared access with a neighboring site or an extension of residential streets
across adjacent properties to provide access to the development if necessary to prevent adverse impacts on
traffic flow.
6. If no satisfactory access from a public street to a development is available, the City shall require
postponement of the development until such time as a satisfactory access becomes available.
7 Access lanes created by as partition or private streets created by a subdivision shall
contemporaneously provide an option of dedication to the City,
50.57.020 Standards for Construction fAccessl.{Reserved}
Access lanes shall meet the_followin.Q minimum standards:
i. 20 foot wide easement.
H Access to 2 to 4 dwelling units - 12 feet of u ement_with a 4 foot shoulder on each side.
iii Access to 5 to 8 dwelling units - 16 feet Of pavement with a 2 foot shoulder on each side
iv. When providing access for 7_ to 8 -dwelling units, the access lane shall be designed to -provide
"on -lane" parking for a minimum of four standard vehicles or provide an "off -lane" parking area for a
minimus of lour standard vehicles.
50.60.005 Applicability.
This standard is applicable to:
1. Any development that results in the construction of a street, or
2. Construction of a detached single family dwelling, duplex, zero lot line dwelling, commercial,
industrial, institutional, or Public Function structure; and is located on a parcel or parcels of vacant or
redevelopable land of €we 1.75 acres or larger.
50.60.020 Standards for Approval of Development Which Requires the Construction of a Street.
1. Local and neighborhood collector streets, access lanes, and residential accessways shall be
designed to connect to the existing transportation system to meet the requirements of this standard as
determined by the Review Authority.
2. Local and neighborhood collector street design shall provide for full street connections between
through streets with spacing of no more than 530 feet, measured between the center of the intersection of
two through streets that provide for vehicle traffic movement in generally the same direction ("through
street pairs") with the cross street. This requirement shall be applied to all through street pairs which
Ordinance 2524 - Page 49 of 57
surround the site. If the nearest boundary of the site (or boundaries extended to the street) is more than
100 feet from the intersection of a through street nearest to the site and the cross street, the provisions of
this Standard shall be met, except when the provisions of subsection (66) below are met. (See Appendix
50.60-A).
3. Streets shall be designed to connect to all existing or approved stub streets which abut the
development site.
4. Cul-de-sacs and permanent closed-end streets shall be prohibited except where a) the requirements
of this standard for street and residential accessway spacing are met and b) construction of a through street
is found to be impracticable. When cul-de-sacs or closed-end streets are allowed under subsection (66),
they shall be limited to 200 feet and shall serve no more than 25 dwellings, except where the Review
Authority has determined that this standard is impracticable due the criteria listed in subsection (66),
below.
5. Access lane, may be used to serve_ up_ to eight dwelling�i _ They shall be designed_ to provide
connections between properties that develop_ through the partition process.
-56. The Review Authority may allow an exception to the review standards of subsections (1) through
(45), above, based on findings that the modification is the minimum necessary to address the constraint and
the application of the standards is impracticable due to the following:
a. Extreme topography (over 15% slope) in the longitudinal direction of a projected automobile
route;
b. The presence of Sensitive Lands as described in LOC Article 50.16 or floodplains LOC
Article 50.44, or other lands protected by City ordinances, where regulations discourage construction of or
prescribe different standards for street facilities, unless the nearest through street pairs (See Appendix
50.60-A) surrounding the subject site are more than '/4 mile apart. The Review Authority may determine
that connectivity is not required under this circumstance, if a benefit/cost analysis shows that the traffic
impacts from development are low and do not provide reasonable justification for the estimated costs of a
full street connection;
c. The presence of freeways, existing development patterns on abutting property which preclude
the logical connection of streets or arterial access restrictions;
d. Where requiring a particular location of a road would result in violation of other city
standards, or state or county laws or standards, or a traffic safety issue that cannot be resolved; or
e. Where requiring streets or accessways would violate provisions of leases, easements,
covenants, restrictions or other agreements existing as of May 1, 1995, which preclude required street or
accessway connections.
67. If the Review Authority allows an exception to subsection (2) for full street connections, it shall
require residential accessway connections on public easements or rights-of-way so that spacing between
bicycle and pedestrian connections shall be no more than 330 feet measured from the centerline of the
nearest bicycle and pedestrian connection intersection with the cross street.
-78. The Review Authority may allow a reduction in the number of residential accessway connections
required by subsection (67) based on findings that demonstrate:
a. That reducing the number or location of connections would not significantly add to travel time
or distance from the proposed development to bus lines or activity centers in the area, such as schools,
shopping, or parks; or
b. That existing development patterns on abutting properties preclude logical connection of
residential accessways; or
c. That the traffic impacts from development, redevelopment or both are low and do not provide
reasonable justification for the estimated costs of such accessway.
[Cross-reference: Section 4 - See also LOC 42.03.085]
Ordinance 2524 - Page 50 of 57
50.60.025 Standards for Approval of Construction of Structures that Do Not Require Construction
of a Street but are Located on a Parcel(s) FWeLL Acres or Greater in Size.
When an applicant proposes construction of a structure subject to LOC 50.60.005 (2) that does not
require the construction of a street, but is located on a parcel or parcels five 1.75 acres or greater in size, the
Review Authority shall require:
1. A future connectivity plan to be filed with the City and recorded in the applicable County Clerk
records, as a condition of development approval. The future connectivity plan shall show how the
location of future streets, access lanes, and accessways will provide for full development of the subject
parcel as well as any abutting properties in order to meet the standards of LOC 50.60.020 (2) - (78); and
2. Placement of structures in a manner that allows for the future street(s), access _lanes, or accessways
to be constructed, as well as an area sufficient to meet the required zone setbacks from the future streets.
50.60.035 Standards for Construction.
1. Standards for construction of full street connections shall be those included in LOC Chapter 42.
2. Standards for construction of access lanes shall be thoae included in LOC 50.57.020,
23. Standards for construction of residential accessways shall be those included in LOC
50.59.015.
50.68.015 Classification of Variances.
A variance which would allow development not in conformance with the requirements of the
development standards may be granted.
1. Class 1 (minor) variances are small changes from the Code requirements and which will have little
or no effect on adjacent property or users.
Class 1 (minor) variances include:
a. Variance from yard setback requirements for a single-family dwelling, or its associated
accessory structure that does not comply with the three criteria set forth in LOC 50.14.005 (5)(a) -(c);
i X20%, or less, provided the resulting side %and sel back is no less than live feet in -width;
of
ii (1) The request is the minimum_ necessary to preserve_a tree;
(2) The resulting Nard setback_is no less than 50% of standard required by the zone; and
(3) Side vards are not reduced to less than fivefeet.
b. Variance from yard setback requirements for a structure other than those described in
subsections (1)(a) of this section of
i. t"l'wo feet or less in side or front yards;
h. er4Five feet or less in rear yards: or
iii. 1 The rec nest is the minimum necessary to preserve a tree,
�) The resulting yard setback is no less than -50% of standard required -Y the zone, and
(3) Side yards are reduced to not less than five feet.
c. Variances from minimum lot width or depth of 5 feet or less.
d. Variances in lot coverage r- (leer- area tie `FAR) on lots which have the same boundaries as
when platted and which were platted with an area less than the current zoning requirement for
single-family residential dwellings and accessory structures of up to and including 15% of the maximum
allowed lot coverage or- FAR.
e. Variances in Iloor area ratio (FAR) for single family residential development, up to a
mammum 15% increase in floor area, subject to the following lot size limitations.
Ordinance 2524 - Page 51 of 57
Minimum
Z&M Flour
Class
i of Size Required if House
Area is to he Adjusted Under_
1 Variance
R-5
10,000 sq. ft.
R-6
12,000 sq. ft.
R-7.5
15,000 sq. 1t,
R-10
15,000 sq ft.
R-15
22.500 sq. ft.
ef. Variations from maximum fence or retaining wall height restrictions, pursuant to LOC Article
45.15.
€g. Variation to the maximum grade of a private street or driveway.
gh. Variances for construction of a dormer that does not exceed the height of the roof ridge in
which the dormer is being constructed in an existing single family detached dwelling that is
non -conforming relative to lot coverage or setbacks.
hi. Variances to distance of driveway from intersections (LOC 50.58.015).
ij. Variances to street frontage (LOC 50.57.015).
Jk. Variances to driveway width for Flag Lots (LOC 50.20.020).
lel. Variances for elevated walkway or pathway within setback or yard.
m. Variances to yard requirements for extension of existing nonconforming walls, provided:
1. The square footage of any new encroachment into the setback does not exceed -the square
footage of the existing non -conforming encroaching portion of the structure,
ii. The resulting structure complies with the FAR, lot coverage and other setback
re�nents.
iii The variance shall not reduce the yard setback by more than 50%.
n, No previuus variance has-been granted for an extension of the subject non -conforming
wall
v. The expansion_ __area shall be defined_ by the extension of two or more existing exterior
walls.
n. Variances to dimensional requirements that are necessary_due_to prior errors in land
surveying. Prior errors in land sure)ing_aie errors—that were made before the applicant acquired the
propervy or gained control of the prop.
o Determination of the Front Yard for Flag LotsL( OC 50 20.025).
2. Class 2 variances which are significant changes from the Code requirements and are likely to
create impacts on adjacent property or users.
Class 2 variances include:
a. Variances from setback requirements for a single-family dwelling,
stmetufe that does not eemply with the thfee er-itffia Set feFth in LOG 50.14.005 (5)(a) , of more than
20% or where the resulting side yard setback is le _than five feet in width.
b. Variance from hard setback requirements for an associated accessory structure to a
single-family dwQling_that does not comply with the three criteria set forth in LOC 50.14.005 (5)(a)-(c)
of more than 20%.
be. Variances from the minimum lot width or depth of more than 5 feet.
ed. Variances from setback requirements for structures other than those described in subsection
(1)(a) of this section of more than 2 feet in side and front yards and more than 5 feet in rear yards or
where the resulting; aide yard setback is less than five feet in width.
de. Variances from the lot coverage or floor area ratio (FAR) for other than a single-family
residential dwelling or its associated accessory structures.
ef. Variances to building height.
€g. Variance to fence, wall, and retaining wall requirements, other than height.
Ordinance 2524 - Page 52 of 57
gh. Variances to any other requirement of this Code except as classified as a Class 1 (minor)
variance above, and applicable to a development.
3. The City Manager shall decide the classification of any variance application.
4. For Class 1 (minor) variances, the City Manager shall have the authority to require an applicant to
fulfill the requirements of LOC 50.77.025 at his/her discretion. This authority is solely at the discretion of
the City Manager and is not subject to appeal.
50.70.005 Non -Conforming Use, Structure Defined; Rights Granted.
1. A use or structure is considered a nonconforming use or structure if the use or structure was
lawfully established, but does not comply with or would not be permitted to exist under a subsequent
enactment or amendment to this Code.
2. a. A use or structure for which a variance was granted under these code provisions is not
considered non -conforming solely by the fact that the characteristic of the use or structure for which the
variance was granted fails to comply with the requirements of this Code. The existence of such variance
does not prevent the use or structure from being classified as non -conforming if some other characteristic
of the use or structure fails to comply with the requirements of this Code.
b. A residential structure which is classified as a non -conforming structure by this section may be
enlarged or expanded in the tollowing circumstances:a manner- Whieh
i. The enlargement or expansion does not increase the degree of non -conformity; or
ii. A change in roof pitch on the non-conforining portion of the_structure may bepermitted
it the building height is not increased b � iy noie than 6 Leet and is less than the underlyinzone_heii hl.
3. Subject to the provisions of this Article, and except as otherwise provided by this Code, a
non -conforming use or structure may be continued and maintained in reasonable repair so long as it
remains otherwise lawful, but it shall not be altered in a manner to enlarge or expand or reconstruct the use
or structure.
[Cross -Reference: LOC 50.69.005 (3) -Uses Under Conditional Use Provisions Not Non -Conforming
Uses.]
50.70.020 Destruction, Movement and Replacement of Structures.
1. if a nen eenfeFming stmetur-e is damaged or- destr-eyed b�,, an), means te the ex4ent that the eest of
o
,4 of the then eument replar-effient eest of the entire
building, the rebuilding shall eenfe� Mly te City Cedes and Standards. Detennina4ien ef the mbuildiRg
eests shall be made by the City ManageF, whe may utilize an appraisal or- other. sui methed t
rebuilding OF rveenstr-uetien need not eempi), with- the teFms ef this Cede eftly to the eiAent theA the
the FeeenstFuratien must be eemmeneed within one yeaf of the date of the dafnage and eempleted within
distmee it Shall theFeafter- INith t116 Fe a ei4s of this rode
1 Single -Family or Duplex Dwellings, Accessory Structures, and Historic Landmarks.
a. Applicability. Excluding structures_ within the Flood Management Area (LOC Article
: 0.44� this subsection I is applicable to noncontorrmngg
(�
Single-tanul}' (attached or detached) of ditplet dwellings
(2) Historic landmarks designated or listed upon the Landmark Designation List, pursuant to
LOC 58.02.025 or 58.02.080.
(3) Non-contorming_accessory-structures to a_ single-family _dwelling,_duplex _dwelling,_ or
historic landmark.
Ordinance 2524 - Page 53 of 57
b e year time
_Ability to Construct or Reconstruct Nonconforming Structure Subject to the onthe
limitation t)rovided in subsection (11(c�_below. when an applicable structure or any portion thereof, is
damaged or destroyed:
(1) By causes not under the control of the owner _(including but not limited to fire,
earthquake, flood landslide, and—wind or tree damage but not including destruction due to Zack of
Mructuial maintenance by the owner, reconstruction remodeling or new construction the rebuilding or
reconstruction of the nonconforming structure, or portion thereof, shall be exempt from the provisions of
this Code to the extent that the structure failed to conform.
(?� By causes under the control of the owner�e.ge.g., lack of structural maintenance b,
the
owner, reconstruction, remodeling or new construction, the portion of the nonconforming dwelling being
rebuilt, reconstructed, or being newly constructed shall conform fully to City Codes-and Standards.
c. 'I une Limitation. In order to utilize the rights granted by_subsection (1)(_b) above, _the
building permit for the construction or reconstruction must be issued within one year from the_ date of
damage or destruction. If the building permit is not issued within the one rear period or if issued, the
building pennit eNpires the ability to construct or reconstruct an applwable nonconforming structure shall
cease
d. Maintenance of Nun-Conforming Structure Maintenance of a non-confonning structure that
does not enlarge or expand the structure is pennitted, maintenance that does enlarge or expand the
structure is subject to subsection (1)(e) below.
e Expansion of Nonconforming Structure in Conforming Manner. Applicable non-conforming
structures may also be enlarged or expanded in a_manner which does not increase the degree—of
non-confoimi
2. Structures Other Than Single -Family or Duplex Dwellings}Accessory Structures, and Historic
Landmarks. This subsection 2 is applicable to structures subject to subsection (2)(a) below
a Applicability Ihis subsection 2 is applicable to all structures other than listed in subsection
(I )(a) above
b Ability to Construct or Reconstruct NoncontonningStructure.SubiQct to the time limitation
provided in subsection 2tc) below, if a non-con form in structure is dammed or destroyed by any means
to the extent that the cost of rebuilding the damaged portions would exceed 50% of the then current
replacement cost of the entire building. the rebuildi_n shall conform fully to City Codes and Standards.
Determination of the rebuilding costs shall be made by the City Mattagei� who may utili/ an a praisal or
other suitable method to determine current replacement-costs. 1f the damage is 50% or less of the current
replacement costs, the rebuilding or reconstruction need not comply with thcterns of this Code only to
the extent that the destroyed portions of the structure failed to conform,
c Time Limitation. In order to utilize the rights granted by subsection (2)(b) above, the
building permit for the construction or reconstruction must be issued within one year from the date of
damage or destruction. On demonstration that a good faith effort has been made by the owner to be able
to apply for the building permit to construct or reconstruct the damaged or destroyed structure CincludIng
obtaining funding antcompletion of architectural work) and a written request for extension is submitted
prior to expiration, the City Manager may extend the construction rights for an additional year. No more
than hyo one-year extensions may be-granted. if the building permit is not issued within the one year
period,or if issued, the building permit expires the ability to construct or reconstruct an aavolicable
nonconforming structure shall cease.
50.79.040 Conditions of Approval.
1. The reviewing authority may impose conditions of approval on a major or minor development
permit in one or more of the following circumstances:
a. The condition is necessary to bring the application into compliance with applicable approval
criteria.
Ordinance 2524 - Page 54 of 57
b. The condition is required as a condition of approval, construction or implementation by the
development standards, the Lake Oswego Code or state statute.
c. The condition is reasonably related to alleviation of a need for public services or facilities
created or contributed to by the proposed development. As used in this section, "public services or
facilities" includes sewer, water, surface water management, parks, open space, streets, sidewalks, and
pathways.
d. The condition is reasonably related to eliminating or mitigating a negative impact on natural
features or processes or on the built environment of the neighborhood which is created or contributed to by
the proposed development. As used in this section, natural features or processes includes Distinctive
Natural Areas, stream corridors and natural drainage ways, significant tree(s)er- tfees, wetlands, and other
natural areas.
e. The proposed_ or exception to a_ code_ requirement is based on _the preservation of_tree(s), and
the condition of approval is reasonably related to preserving the tree(s) that is the basis for the variance
or exception.
2. Conditions of approval contemplated by subsection (1) of this section include, but are not limited
to:
a. Imposition of a development schedule.
b. Requiring reservation or protection of land for open space or to protect significant natural
features.
c. Requiring dedication of property, rights-of-way, easements or conservation easements for
public facilities such as streets, utilities, pathways, sidewalks, surface water management and street trees,
or for protection of Distinctive Natural Areas, wetlands, stream corridors or other natural features.
Dedications of property or property rights pursuant to this subsection must be based upon findings pursuant
to subsections (1)(c) or (1)(d) of this section.
d. Requiring on-site and off-site construction of or improvements to public facilities where
necessary to ensure adequate capacity and where service demand will be created or increased by the
proposed development. The costs of off-site improvements may be pro -rated between the applicant and
the City in proportion to the increased service demand which will be created by the project when compared
to the demand existing if the project were not constructed.
e. Requiring construction and maintenance guarantees to ensure that required public facilities are
constructed to and will comply with City standards, regulations or conditions.
f. Requiring modifications in the design or intensity of a proposed development or to require or
prohibit certain construction methods.
g. Requiring approval, inspection, or evaluation by another agency, jurisdiction, public utility or
consultant.
h. Limiting the number, location or design of street accesses to a proposed development to
maintain street capacity, improve safety, or otherwise comply with an approval criterion.
i. Requiring covenants, conditions or restrictions to be recorded against the property. It shall be
a violation of this code for a property owner or homeowner's association to amend or rescind or fail to
comply with any covenant, condition or restriction required by the City pursuant to a development
approval without approval of the City.
50.81.010 Notice of Minor Development Application.
1. Except as set forth in subsection (3) below, prior to making a final decision on a minor
development permit application, the City Manager shall provide written notice to owners of property
within 300 feet of the entire contiguous site for which the application is made. If there are less than 50
properties within 300 feet of the site, the notice area shall be expanded, by 10 foot increments outward
from the 300 foot boundary, until at least 50 properties are included in the notice area. The list shall be
compiled from the most recent property tax assessment roll. Notice shall also be sent to:
Ordinance 2524 - Page 55 of 57
a. Any recognized neighborhood association(s) whose boundaries either contain part or all of the
site, and
b. All adjacent recognized neighborhood associations (adjacent recognized neighborhood
associations are those associations which share boundaries with the neighborhood(s) identified in
subsection (1)(a) above, and additionally those recognized neighborhood associations that are separated
from the neighborhood association(s) identified in subsection (1)(a) by a street or stream).
c. Oregon Department of Transportation and the affected railroad company, if the application
indicates that a railroad -highway crossing provides or will provide the only access to land that is the
subject of the application.
The City Manager shall certify that such notice was given.
2. The notice required by subsection (1) of this section shall:
a. Provide a 14 day period for submission of comments prior to the decision;
b. State the place, date and time that comments are due;
c. State that issues which may provide the basis for an appeal to the Land Use Board of Appeals
shall be raised with sufficient specificity to enable the City to respond to the issue;
d. List, by commonly used citation, the applicable criteria for a decision;
e. Set forth the street address or other easily understood geographical reference to the subject
property;
f. State that copies of all evidence relied on by the applicant are available for review, and that
copies can be obtained at cost; and
g. Include the name and phone number of the City Manager or such other City staff person as
may be assigned by the City Manager to review the application.
3. For development processed through the Residential Infill Design Review process (LOC Article
50.72), the City Manager shall provide written notice of a preliminary decision to owners of property
within 4-00300 feet of the entire contiguous site for which the application is made. The list shall be
compiled from the most recent property tax assessment roll. In addition to the notice requirements of
subsection (2) above, the notice of the preliminary decision shall include the requirements of LOC
50.81.020 (1) through (4), and shall state that if no written comments are received within the 14 day
comment period, the decision will become final. The notice shall also describe the appeal process
following finalization of the decision. Notice shall also be sent to parties identified in subsections (1) (a)
and (b) above.
[Cross -Reference: See LOC 50.60.030 if minor development is subject to Street Connectivity
Development Standard.]
Section 3. LOC Chapter 50 -Appendices. LOC Chapter 50 -Appendix shall be amended by replacing
LOC Appendix 50.07-C with new Appendix 50.07-C; adding new LOC Appendix 50.06.065
(2)(b)(ii)(4)(C), Appendix 50.07-D, Appendix 50.07-E, Appendix 50.07-F, Appendix 50.07-G, Appendix
50.07-H, Appendix 50.07-I, Appendix 50.07-J, Appendix 50.07-K, Appendix 50.07.030 (3), Appendix
50.17.015 (5)(3), Appendix 50.20.025-A, and Appendix 50.20.030 (5)(a) as shown in Exhibit 2.
Section 4. Cross -References.
a. This Ordinance contains "cross-references", following certain sections. These cross-references
refer to other sections within the Code or otherwise and are intended to be of assistance to the reader of
the Community Development Code. The cross-references are not adopted as part of the Community
Development Code.
b. The City Recorder and the City Attorney are hereby authorized to insert cross-references or delete
cross-references from the codified version of the Community Development Code from time to time. The
cross-references appearing in the codified version of the Community Development Code shall not be
construed to be a part of the Community Development Code.
Ordinance 2524 - Page 56 of 57
Section 5. Severability. The provisions of this ordinance are severable. If any portion of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this ordinance.
Enacted at the meeting of the Lake Oswego City Council of the City of Lake Oswego held on the 1st day
of June , 2010.
AYES: Mayor Hoffman, Johnson, Hennagin, Moncrieff, Tierney
NOES: Olson
ABSENT: Jordan
none
AB STAIN:
J Hof man,
6-1-10
Dated:
ATTEST:
Robyn Chri ie, &iiy Recorder
APP VED T7 W:
David D. Powell, City Attorney
Ordinance 2524 - Page 57 of 57
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EXHIBIT 1
BEFORE THE CITY COUNCIL
OF THE CITY OF LAKE OSWEGO
A REQUEST TO AMEND THE TEXT ) LU 08-0053-1729
OF THE LAKE OSWEGO COMMUNITY ) (City of Lake Oswego)
DEVELOPMENT CODE, CHAPTER 50 )
RELATED TO RESIDENTIAL INFILL ) FINDINGS AND CONCLUSIONS
DEVELOPMENT [ORDINANCE No. 25241 )
NATURE OF PROCEEDING
This matter came before the City Council pursuant to a recommendation by the Lake
Oswego Planning Commission to amend the text of the Lake Oswego Community Development
Code, Chapter 50 to add design standards to promote compatibility of residential infill
development with the character of existing development.
HEARINGS
The Planning Commission held public hearings and considered this application at its
meetings of September 22; October 27, 2008; January 26, 2009; February 9 and 23, 2009; March
9 and 23, 2009; April 13, 2009, May 11 and 27, 2009, June 8 and 22, 2009; July 13 and 27,
2009; August 24, 2009; September 14, 2009, October 12 and 26, 2009, November 9, 2009,
December 14, 2009 and January 11, 2010. The City Council held a study session on March 9,
2009, and held a public hearing to consider the Planning Commission's recommendation on
April 20, 2010.
CRITERIA AND STANDARDS
A. City of Lake Oswego Comprehensive Plan:
Goal 1: Citizen Involvement, Policies 1, 5, and 10
David D. Powell, City Attorney
City of Lake Oswego
380 A Avenue — PO Box 369
FINDINGS AND CONCLUSIONS (LU 08-0053-1729) Lake Oswego, OR 97034
1 — [City of Lake Oswego, LU 08-0053-1720] (503) 635-0225 FAX (503) 699-7453
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EXHIBIT 1
Goal 2: Land Use Planning, Section 1, Land Use Policies and Regulations,
Policies 4 and 23
Goal 10: Housing Policies 10, 13, and 17
Goal 11: Public Facilities and Services, Section 1 Public Safety, Police and Fire
Protection, Policy 5
Goal 12 Transportation, Policies 4 and 9
B. City of Lake Oswego
Community Development Code:
LOC 50.75.005
Legislative Decision Defined.
LOC 50.75.010
Criteria for Legislative Decision
LOC 50.75.015
Required Notice to DLCD
LOC 50.75.020
Planning Commission Recommendation Required
LOC 50.75.025
City Council Review and Decision
C. Statewide Planning Goal or Administrative Rule adopted pursuant to ORS Chapter 197
Goal 1: Citizen Involvement
Goal 2: Land Use Planning
FINDINGS AND REASONS
1. The City Council incorporates the staff Council Report, dated March 26, 2010 for
LU 08-0053-1729 (with all exhibits), the October 20, 2008 Staff Report to the Planning
Commission (with all exhibits), together with all supplemental reports, and the Findings and
Conclusions of the Planning Commission in this matter as support for its decision. To the extent
they are consistent with the approval granted herein, the City Council also adopts by reference its
oral deliberations in this matter as further findings in support of this decision.
2. The City Council considered the Planning Commission's recommendations
regarding proposed revisions to LOC Article 50.72 and LOC 50.81.010 relating to the
applicability, criteria, and procedures of the Residential Infill Design (RID) Review. The City
Council also considered the public testimony that the proposed revisions would not provide
sufficient flexibility to assure compatibility in areas of the City that have special platting or
David D Powell, City Attorney
City of Lake Oswego
380 A Avenue — PO Box 369
FINDINGS AND CONCLUSIONS (LU 08-0053-1729) Lake Oswego, OR 97034
2 — [City of Lake Oswego, LU 08-0053-17201 (503) 635-0225 FAX (503) 699-7453
EXHIBIT 1
1 topographic conditions, such as lakefront properties and lots with steep slopes, until additional
2 planning work addresses the special conditions affecting these portions of the City. The City
3 Council finds that the existing Residential Infill Design Review provisions should, at present, be
4 retained, with the exception that the notice area for comments under LOC 50.81.010 should be
5 expanded to 300 feet to coincide with the notice area for other minor development applications.
6 3. Staff advised the City Council of an inadvertent "strikeout" of the 5,000 square
7 foot minimum lot area and minimum area per dwelling in the R-5 zone shown in Table
8 50.06.035. The City Council finds that this was a typographical error, and that the deleted text
9 should be retained.
10 CONCLUSION
11 The City Council concludes that LU 08-0053-1720, as amended, complies with all
12 applicable criteria and is consistent with applicable Statewide Goals and Lake Oswego
13 Comprehensive Plan Policies.
FINDINGS AND CONCLUSIONS (LU 08-0053-1729)
3 — [City of Lake Oswego, LU 08-0053-17201
David D Powell, City Attorney
City of Lake Oswego
380 A Avenue — PO Box 369
Lake Oswego, OR 97034
(503) 635-0225 FAX (503) 699-7453
EXHIBIT 2
Ordinance 2524
CHAPTER 50 — APPENDIX
LOC APPENDIX 50.06.065 (2)(b)(ii)(4)(C)
LOC APPENDIX 50.07.030 (3)
Base height- ---------------
zone dependent ------ - ---
Page 1 — Ordinance 2524
6-foot
exception to
---------------- base height
--------------------
4-foot adjustment
to base height for
- topography
Replace APPENDIX 50.07-C with new APPENDIX:
LOC APPENDIX 50.07-C
Street Front Setback Planes
Front Setback Plane 00
I
I
6
. -----._..................................... - 12 ....._.........------
ROW
20'
00.
Front Yard Setback
Page 2 — Ordinance 2524
EXHIBIT 2
Street Side Yard
Setback Plane
12
......... ......... ... 12 ----------
Maximum
I height
Side Yard Setback
Adjacent to a Street
a
20
EXHIBIT 2
LOC APPENDIX 50.07-D
Exceptions to the Setback Plane
Front Setback Plane
Exception Example - 6:12 slope
Width = y Setback Plane
~� FYranfinn Araa
Structure Width = x
Exception Width Formula y < x / 3
LOC APPENDIX 50.07-E
Side Yard Setback Plane
Property '
Line
12
12
12' I '
Building Envelope
—►
Side Yard Setback
Page 3 — Ordinance 2524
Top View (reduced)
Side Yard Setback
LOC APPENDIX 50.07-F
Example — Treatment 3 — Screening Option
if 20' ♦ ♦ 20'
120'
Page 4 — Ordinance 2524
EXHIBIT 2
EXHIBIT 2
LOC APPENDIX 50.07-G
Standard Plant
Quantity Minimum Size
Unit Alternative
and Type of Plants Required
Illustration
Standard Unit A
l - 3" caliper canopy tree
2 - l ''/2" caliper under story tree
13 - 3' high shrubs
Standard Unit B*
1 - 3" caliper canopy tree
1 - 1 %2" caliper under story tree
1 - 6' high evergreen tree
I 1 - 3' high shrubs
Q
Standard Unit C*
2 - 1 '/2" caliper under story tree
3 - 6' high evergreen trees
7 - 3' high shrubs
Standard Unit D**
2 - 3" caliper canopy tree
3 - 3' high shrubs
Standard Unit E* Minimum 10' long trellis, arbor, or
pergola (minimum 6' tall)
1 - 1 %2" caliper under story tree
10 - climbing plants (native)
*Preferred for year around screen
**May be required where vision clearance is required for safe automobile operation.
Existing landscaping may be used to meet the screening requirement provided the landscaping
meets the minimum size requirements set forth above or if multiple plants exist, the caliper,
dimensions, and sizes of plants cumulatively meet the cumulative minimum sizes required.
Page 5 — Ordinance 2524
LOC APPENDIX 50.07-11
Long Wall Planes
Low, long bldg: Long, two-story bldg: 20 ft.
standard setback setback for any portion over
60 ft. in length
60 ft. '
Not applicable — less than
60 ft. in depth. Standard
setbacks apply.
The street center-
line provides the
elevation for
measuring the height
of the setback planes
Centerline
LOC APPENDIX 50.07-I
Setback Planes — Down Slope Lots
Base zone height limit —
follows the ground slope
EXHIBIT 2
Long, two-
story bldg:
20 ft.
setback
Long, split
level bldg:
- - - - - standard
setback for
' first 60 ft. of
bldg. and low
portion of
bldg.
Front setback plane -
6:12 slope
— — — — — — — — — — —
--�--— — — — — — —
Allowed
Height
............................. ................I...
Front
I< ROW SIE Setback �I
Page 6 — Ordinance 2524
Measured at the front building line,
the front setback plane begins 20'
up from the average street
centerline elevation
EXHIBIT 2
LOC APPENDIX 50.07-J
Measurement L cations
Street center line locations for
measuring base elevation of
setback planes L
I
I
---- -------- ..--------- -----------
+IF
--�----
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I
Front I
setback Side yard
plane setback plane
location location
IN
Note: Elevation measurement points are located by a perpendicular line extending
from the street centerline to the property corner and not by an extension of the
property line to the street centerline. If the centerline is curved, the line shall be
perpendicular to a line that is tangent to the curve.
Page 7 — Ordinance 2524
EXHIBIT 2
LOC APPENDIX 50.07-K
Front Setback Plane — Upslope Lots
Maximum height
allowed on sloped lots
Front Setback Plane
(follows 6:12 slope or
the actual slope of the
lot — whichever �--
6
provides the greater r
building envelope) 12 ,
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24'
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I I I
ROW Setback 10' �
Page 8 — Ordinance 2524
EXHIBIT 2
LOC APPENDIX 50.17.015 (5)(c)
Page 9 — Ordinance 2524
EXHIBIT 2
LOC APPENDIX 50.20.025-A
Front Yards for Flag Lots and Lots Abutting Access Lanes
Flag lot access lane Front yard
I I measurement
locations
Lots fronting on the
street must meet the
front yard requirement
on the street and the
setback requirement on
the access lane.
Page 10 —Ordinance 2524
EXHIBIT 2
LOC APPENDIX 50.20.030 (5)(a)
Page I I — Ordinance 2524