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Attach 2 to Ord 2892 Middle Housing Code Amendments LU 22-0007 LU 22-0007—Middle Housing Code Amendments Page 1/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft 50.01.006 NONCONFORMING USES,STRUCTURES, LOTS AND SITE FEATURES //// 4. DAMAGE AND RECONSTRUCTION OF NONCONFORMING STRUCTURES a. Single-Family and Duplex Middle Housing Dwellings,Accessory Structures,and Historic Landmarks This subsection is applicable to nonconforming single-family(attached or detached) and duplcx dwellings, middle housing dwellings, historic landmarks designated or listed upon the Landmark Designation List, and accessory structures to a single-family dwelling,duplex middle housing dwelling, or historic landmark. i. Nonconforming Structures Not Located in the Flood Management Area Subject to the time limitation in subsection 4.c of this section, when all or any portion of a nonconforming structure listed above is damaged by any cause other than an intentional act of the owner, and no part of the structure is located in the flood management area,the reconstruction of the nonconforming structure shall be exempt from the provisions of this Code to the extent that the damaged portions of the structure failed to conform. ii. Nonconforming Structures Located in the Flood Management Area Subject to the time limitation in subsection 4.c of this section, when all or any portion of a nonconforming structure is damaged by any cause other than an intentional act of the owner, and part of the structure is located in the flood management area,the reconstruction of the nonconforming structure shall be exempt from the provisions of this Code to the extent that the damaged portions of the structure failed to conform, except that no part of the structure shall be reconstructed within the flood management area. iii. Nonconforming Single-Family or Duplex Dwelling or Landscaping Located in an RP or RC District or Construction Setback (1) Nonconforming Structures See LOC 50.05.010.4.a, Rebuilding Nonconforming Single-Family or Duplex Dwelling Located in RP or RC District or Construction Setback, and LOC 50.05.010.2.b and c, General and Specific Exceptions. (2) Nonconforming Landscaping See LOC 50.05.010.5.c.iii(8)(e), Landscaping in an RC district, and LOC 50.05.010.6.c.ii(1)(a)(v), Landscaping in an RP district. iv. Damage to a Nonconforming Structure by an Intentional Act of an Owner When all or any portion of a nonconforming structure is damaged by an intentional act of the owner, all reconstruction of the structure shall conform to this Code. LU 22-0007—Middle Housing Code Amendments Page 2/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft b. Structures Other Than Single-Family or Duplex Middle Housing Dwellings,Accessory Structures, and Historic Landmarks i. Applicability This subsection is applicable to structures other than those listed in subsection 4.a of this section. ii. Ability to Construct or Reconstruct Nonconforming Structure (1) Damage to Nonconforming Structures of Less than 50%of the Structure Replacement Cost If a nonconforming structure is damaged from any cause to the extent that the cost of rebuilding the damaged portions is less than 50%of the current replacement cost of the entire building, the rebuilding may be reconstructed to the extent that it was nonconforming, except that no portion of the structure shall be reconstructed in the flood management area. (2) Damage to Nonconforming Structures of More than 50%of the Structure Replacement Cost If a nonconforming structure is damaged from any cause to the extent that the cost of rebuilding the damaged portions is 50%or more of the current replacement cost of the entire building, the rebuilding shall conform to City codes and standards. Item 1 [N]: Specify that provisions related to the damage and reconstruction of nonconforming structures will now apply to middle housing dwellings. This is required pursuant to Division 46 of Chapter 660 of the Oregon Administrative Rules ("Division 46"), which generally requires that detached single-family and middle housing dwellings be subject to the same regulations. Subsection 4.a.iii, below, will continue to apply standards to nonconforming single-family or duplex dwellings located within an RP or RC District or Construction Setback that will not be applied to middle housing dwellings. //// 5. NONCONFORMING LOTS a. Development Permitted A nonconforming lot that does not meet the minimum size or dimensional requirements of the zone in which it is located may be developed as permitted in that zone; provided,that(i) the structure complies with all applicable Code standards or(ii)the applicant obtains a variance pursuant to LOC Article 50.08, Variances. Exception: No middle housing except a duplex and accessory structures to a duplex shall be developed on a nonconforming lot that does not meet the minimum size or dimensional requirements of the zone. LU 22-0007—Middle Housing Code Amendments Page 3/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Item 2 [N]:Allow for duplex construction on nonconforming lots, but do not allow for the construction of other middle housing types on nonconforming lots. Though Division 46 generally requires that detached single-family and middle housing dwellings be subject to the same regulations, it does allow some exceptions to this rule. For instance, Division 46 specifically allows cities to limit the construction of middle housing on nonconforming lots to detached single-family and duplex dwellings. b. Lot Line Adjustment Lot lines may be adjusted; provided,that the degree of any existing nonconformity is not increased and no new nonconformity is created on any of the lots involved as a result of the adjustment. //// LU 22-0007—Middle Housing Code Amendments Page 4/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft 50.02.001 RESIDENTIAL DISTRICTS 1. RESIDENTIAL-LOW DENSITY ZONES a. Districts The residential-low density zone districts are R-15, R-10, and R-7.5. b. Purpose To provide lands for single-family residential development with densities ranging from two to five dwelling units per gross acre, and to provide lands for middle housing development. Item 1.1 [G]: Include middle housing development in the purpose statement for Residential Low Density Zones to clarify that all residential low-density zones will now provide lands for middle housing development. This amendment ensures consistency with other code amendments to comply with the Division 46 requirement to allow middle housing development in all zones that allow for the development of detached single-family dwellings. Item 4.1 [D]: Remove density limits for middle housing that apply on a per-dwelling basis from the Residential Low Density Zones Purpose statement. This amendment ensures consistency with the minimum compliance provisions of Division 46, which require that cities eliminate any density limits applicable to middle housing that apply on a per-dwelling basis. 2. RESIDENTIAL-MEDIUM DENSITY ZONES a. Districts The residential-medium density zone districts are R-6, R-5, and R-DD. b. Purpose i. R-5 To provide lands for single-and multi-family residential development with densities ranging from seven to eight dwelling units per gross acre, and to provide lands for middle housing development..- Item 1.2 [G]: Include middle housing development in the purpose statement for the R-5 Zone. See Item 1.1 [G], above. Item 4.2 [D]: Remove density limits for middle housing that apply on a per-dwelling basis from the R-5 Zone purpose statement. See Item 4.1 [D], above. LU 22-0007—Middle Housing Code Amendments Page 5/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft ii. R-DD Zone (1) The purpose of the R-DD zone is to assure that both single-family homes and middle housing are protected from noise, light,glare and reduction in privacy to the maximum extent possible during the area's transition to higher density residential use,to facilitate good architectural design and site planning which maintains residential choices of unit size, cost and other amenities and supports the economic feasibility of new construction and development, and to assure protection and compatibility of all land uses, including commercial, residential, park, open space and historic sites. Item 1.3 [G]: Include middle housing development in the purpose statement for the R-DD Zone. See Item 1.1 [G], above. (2) The R-DD zone is intended for use in low density residential districts which are undergoing transition to increased densities, and which have scenic, historic, natural or residential features which should be preserved and integrated with new development. iii. R-6 Zone The FAN R-6 zone is intended to implement the land use policies of the First Addition Neighborhood Plan.The purpose of this zone is to ensure the design quality of proposed development in the neighborhood by: (1) Ensuring that proposed building designs are visually compatible with the character of existing structures, maintain adequate light and air between structures, and complement the neighborhood's architectural character. (2) Minimizing the visual impact of garages from the street, and to continue established alley uses and functions such as access to garages, off-street parking and trash removal. (3) Encouraging compatible and sensitive remodeling and renovation of existing residences. (4) Preserving the small-town character of the existing streetscape by allowing single-family and middle housing development that is human scale and pedestrian oriented. (5) Enhancing the natural environment of the neighborhood as one of the dominant characteristics. (6) Preserving FAN's historical and architectural character by encouraging infill development that is compatible in design character to landmark structures on abutting lots. Item 1.4 [G]: Include middle housing development in the purpose statement for the R-6 Zone. See Item 1.1 [G], above. LU 22-0007—Middle Housing Code Amendments Page 6/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft 3. RESIDENTIAL-HIGH DENSITY ZONES a. Districts The residential-high density zone districts are R-3, R-2, R-0, and R-W. b. Purpose To provide lands for single-and multi-family residential development with densities of at least 12 dwelling units per gross acre, and to provide lands for middle housing development. Item 1.5 [G]: Include middle housing development in the purpose statement for Residential High-Density Zones. See Item 1.1 [G], above. Item 4.2 [D]: Remove density limits for middle housing that apply on a per-dwelling basis from the Residential High-Density Zones purpose statement. See Item 4.1 [D], above. ///// LU 22-0007—Middle Housing Code Amendments Page 7/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft 50.03.002 USE TABLE //// 2. RESIDENTIAL USE TABLE TABLE 50.03.002-1: RESIDENTIAL DISTRICTS USE TABLE P= Permitted Use I Blank= Not Permitted I C=Conditional Use I A=Accessory Use [x]Table notes located at the end of the table Residential Use Category Use Type R-3 R_0 Use-Specific R-15 R-10 R-7.5 R-6 R-5 R-DD R-W [3] R-2 [3] Standards [4] RESIDENTIAL USES Dwelling, PPP PPP PPPP single-family [1] detached dwelling (one per lot) Dwelling z „ l„t P P R 12 1 P — P 12 12 — line (one per lot) Dwelling, duplex P P P PPP P PPP (one per lot) Dwelling, atc ed- P P P PPP P PPP 50.03.003.1.e townhomc Townhouse Project{one per Household lot) Living Cottage cluster P P P PPP P PPP 50.03.003.1.d Dwelling, P P P P multi-family Dwelling, PPP PPP PPPP auadalex Dwelling,triplex P P P PPP P PPP Manufactured P P P PPP P PPP 50.03.003.1.b home (one per lot) Manufactured P P P 50.03.003.1.c home park or subdivision Group and Congregate C C C P P P P 50.03.003.4.aand b; LU 22-0007—Middle Housing Code Amendments Page 8/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft TABLE 50.03.002-1: RESIDENTIAL DISTRICTS USE TABLE P= Permitted Use I Blank= Not Permitted I C=Conditional Use I A=Accessory Use [x]Table notes located at the end of the table Residential Use Category Use Type R-3 R_0 Use-Specific R-15 R-10 R-7.5 R-6 R-5 R-DD R-W [3] R-2 [3] Standards [4] Institutional housing R-2 zone: Housing 50.03.003.3 Group care home P P P PPP P P P Residential care C C C P P P P 50.03.003.4.aand b; housing R-2 zone: 50.03.003.3 Skilled nursing C C C C C 50.03.003.4.c; facility R-2 zone: 50.03.003.3 //// [1] Erected on pilings over the water of Oswego Lake. Notes: [2] No commercial activity allowed. [3] If lot has multiple zones, e.g., R-0/EC, see LOC 50.02.002.2.e. [4] Site-specific use limitations, see LOC 50.02.002.2.c. Item 2 [G]:Allow for the development of all required middle housing types in applicable residential districts within the Residential Districts Use Table. Per Division 46, middle housing must generally be allowed in any zoning district that allows single-family detached residential dwellings as a permitted use. In Lake Oswego,this means that middle housing regulations must apply within the R-15, R-10, R-7.5, R-6, R-5, R-DD, R-3, R-2, R-0, and R-W Zones. Item 9.1 [G]: Remove code references to attached townhouse dwellings and defer instead to the new"townhouse" and "townhouse project" definitions within the Residential Districts Use Table. In order to align with the minimum compliance provisions of Division 46,the term "attached townhouse dwelling" has been removed from the list of allowed uses within residential districts. This amendment ensures consistency with the removal of the definition of"attached townhouse dwelling" elsewhere in the code.The definitions for"townhouse" and "townhouse project" will now apply to what were formerly referred to as "attached townhouse dwellings." LU 22-0007—Middle Housing Code Amendments Page 9/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Item 12.1 [G]: Remove code references to zero lot line dwellings within the Residential Districts Use Table. In order to align with the minimum compliance provisions of Division 46,the term "zero lot line dwelling" has been removed from the list of allowed uses within residential districts. This amendment ensures consistency with the removal of the definition of"zero lot line dwelling" elsewhere in the code.The definitions for"townhouse" and "townhouse project" will now apply to what were formerly referred to as "zero lot line dwellings." Item 1.1 [D]: Cross-reference use-specific standards for cottage clusters within the Residential Districts Use Table. This amendment ensures that code readers are able to reference the applicable use-specific standards for cottage clusters, which will be new elements within the code. See Item 1.2 [D], below. //// LU 22-0007—Middle Housing Code Amendments Page 10/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft 50.03.003 USE-SPECIFIC STANDARDS 1. RESIDENTIAL—PERMITTED USES a. Attached, Residential Townhome Uses in West Lake Grove i. Subject to the following conditions, in addition to the other provisions of this Code: (1) The minimum net density area for attached townhome housing is 2,500 sq. ft./lot area per unit. (2) The minimum required lot width shall be 17 ft.The maximum lot coverage shall be 60%, excluding parking. (3) Each unit of attached townhome housing shall be constructed on a separate lot. ii. Within the WLG RMU zone: (1) Attached townhomes are allowed solely or in conjunction with office uses in the same building. (2) When a combination of office-commercial and attached townhome residential uses are proposed together on the same site and in separate buildings, the commercial structure(s) shall front on Boones Ferry Road. Residential buildings shall occupy the rear portion of the parcel which is most proximate to the surrounding residential zoning districts. iii. Within the WLG R-2.5 zone: (1) The use is "Attached for-sale residential townhomes." (2) When subdivisions are proposed in the WLG R-2.5 zone, a minimum density of 80%of the maximum allowed by the zone is required. For purposes of this subsection,the number of lots required shall be determined by dividing the net developable area by the minimum lot size per unit required in the underlying zone, and multiplying this number by 0.8.The result shall be rounded up for any product with a fraction of 0.5 or greater and rounded down for any product with a fraction of less than 0.5.The requirements of this subsection are subject to the exceptions contained in LOC 50.04.003.10, Exceptions to the Minimum Density Requirement for All Zones. //// d. Cottage Clusters In addition to the standards above,the following design standards shall be applied to cottage cluster developments. i. Individual cottage cluster dwellings must have a footprint of no more than 900 square feet each. ii. Common Courtyard Design Standards Figure 50.03.003-D:Cottage Cluster Orientation and Common Courtyard Standards LU 22-0007—Middle Housing Code Amendments Page 11/126 Attachment 2 - Ord. 2892 Public Hearing Review Draft Ailey I I I I It I I . Et, I I I I I PedesVLan Patch - — I _ Patti - I I Common0 Courtyard _. E - lit I i — 1S'MIN IC—.----D I I I • P---71_, I. _ 11111111. Street Parking P bllC Sheet 0 A minimum of SIN,of cottages must be oriented to the common courtyard. 0 Cottages oriented to the common courtyard must be within 10 feet of the courtyard. 10 Cottages must be connected to the common courtyard by a pedestrian path. 0 Cottages must abut the courtyard On at least two sides of the courtyard 0 The common courtyard must be at least 15 feet wide at it narrowest width LU 22-0007—Middle Housing Code Amendments Page 12/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft (1) Each cottage cluster must include a common courtyard that meets the following standards: (a) The common courtyard must be a single, contiguous piece; (b) Cottages must abut the common courtyard on at least two sides of the common courtyard: (c) The common courtyard must contain a minimum of 150 sa. ft. per cottage within the associated cluster; (d) The common courtyard must be a minimum of 15 ft.wide at its narrowest dimension: (e) The common courtyard shall be developed with a mix of landscaping, lawn area, pedestrian paths, or paved area, and may also include recreational amenities. Impervious elements shall not exceed 75%of the total common courtyard area; (f) Pedestrian paths must be included in a common courtyard. jg) Paths that abut a courtyard shall count toward the courtyard's minimum dimension and area. Parking areas, required setbacks, and driveways do not qualify as part of a common courtyard. (2)A common courtyard may function as a community yard. Hard and soft landscape features may be included in a common courtyard, such as pedestrian paths, lawn, groundcover, trees, shrubs, patios, benches, or gazebos. iii. Cottage Orientation (1) Each cottage within a cluster must either abut a common courtyard or must be connected to it by a pedestrian path. (2) A minimum of 50%of cottages within a cluster must be oriented to the common courtyard by: (a) Having a primary entrance into to the living area of the cottage facing the common courtyard: Jb) Being within 10 ft. from the common courtyard, measured from the wall or front porch of the cottage to the nearest edge of the common courtyard; and (c) Being connected to the common courtyard by a pedestrian path. (3) Cottages within 20 ft. of a property line abutting a public street must have a primary entrance into the living area of the cottage facing the street, unless required otherwise by subsection (1) above. (4) Cottages not facing the common courtyard or the street must have their primary entrance into to the living area of the cottage facing a pedestrian path that is connected to the common courtyard. LU 22-0007—Middle Housing Code Amendments Page 13/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft See Figure 50.03.003-D: Cottage Cluster Orientation and Common Courtyard Standards. iv. Community Buildings (1) Cottage cluster developments may include community buildings for the shared use of residents that provide space for accessory amenities such as community meeting rooms, guest housing, exercise rooms, day care, or community eating areas. Community buildings must meet the following standards: fa) Each cottage cluster is permitted one community building, which shall count towards the maximum average floor area, pursuant to LOC 50.04.001.1.d.iv, 2.d.iv, and 3.c.iii; and lb) A community building that meets this Code's definition of a dwelling unit must meet the maximum 900 sq. ft.footprint limitation that applies to cottages, unless a covenant is recorded against the property stating that the structure is not a dwelling unit and will not be used as a primary dwelling; v. Pedestrian Access (1) A pedestrian circulation plan is required that provides accessible paths connecting the main entrance of each cottage to the following: (a) The common courtyard: (b) Shared parking area(s); (c) Community building(s); and (d) Sidewalks or public pathways in public rights-of-way abutting the site or rights-of-way if there are no sidewalks. (2) The pedestrian path must be hard-surfaced and a minimum of four feet wide. vi. Parking Design Figure 50.03.003-E:Cottage Cluster Parking Design Standards LU 22-0007—Middle Housing Code Amendments Page 14/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft CC7111414: (111h& ) 4 rX 111 0 I I - 4, Landsc ape &Aar Pedestrian Porch 1 Common IF Path Carp,rl Courtyard •1):$—‹ �Dria�ew.ak. 1 10111141111.6) 0i i MI Screening S dewa'k Street Parting Public Street ( Q ' Parking allowed in dusters of up to 5 spaces.Clusters separated by minimum 4 feet of landscaping_ ( Fi i No parking OF vehicle area within 20 feet from street properly line(except alley). I L I NO parsing within E0 feet from other property lines{ext40l alley).Driveways Ord dfive aisles permitted within 10 feet, ( 1]I Screening required between clustered parting areas or parking structures and public streets or common courtyards. [ C 1 Garages and carports must not abut common courtyards.Garage doors for individual garages must not exceed 20 feet in width. (1) Clustered Parking Off-street parking may be arranged in clusters, subject to the following standards: I ) Cottage cluster developments with fewer than 16 cottages are permitted Parking clusters of not more than five abutting spaces: LU 22-0007—Middle Housing Code Amendments Page 15/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft fb) Cottage cluster developments with 16 cottages or more are permitted parking clusters of not more than eight abutting spaces. fc) Parking clusters must be separated from other parking spaces by at least four ft. of landscaping. Jd) Clustered parking areas may be covered. (2) Parking Location and Access cal Off-street parking spaces and vehicle maneuvering areas shall not be located within 20 ft. of any front or side street lot line, except for lot lines abutting alleys. fb) Off-street parking spaces and vehicle turnaround areas shall not be located between a front or side street lot line and the front facade of cottages located closest to the front or side street lot line. lc) Off-street parking spaces shall not be located within 10 feet of any other lot line, except for lot lines abutting alleys. Driveways and drive aisles are permitted within 10 feet of other property lines. (3) Screening Landscaping screening that consists of a minimum of 50%evergreen shrubs or trees that can obtain a minimum height of three feet within two years of planting,fencing, or walls at least three ft. tall shall separate clustered parking areas and detached garages from common courtyards and public streets. (4) Garages fa) Garages (whether shared or individual) shall not abut common courtyards: fb) Individual detached garages must not exceed 400 sq.ft. in floor area. cc) Garage doors for attached and detached individual garages must not exceed 20 ft. in width. Id) Garages with opening(s)that face the street must comply with LOC 50.06.004.1 Garage Appearance and Location Standards. vii. Accessory Structures Accessory structures shall not exceed 400 sq. ft. in gross floor area. viii. Existing Structures On a lot or parcel to be used for a cottage cluster development, an existing detached single-family dwelling on the same lot at the time of proposed development of the cottage cluster may remain within the cottage cluster development area under the following standards: LU 22-0007—Middle Housing Code Amendments Page 16/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft (1) The existing dwelling may be nonconforming with respect to the requirements of this subsection (d). (2) An existing dwelling that is less than the maximum height of the underlying zone or the maximum building footprint of 900 sq. ft. may be expanded up to the maximum height or footprint. (3) The floor area of the existing dwelling shall not count towards the maximum average floor area of a cottage cluster. (4) The existing dwelling shall be excluded from the calculation of orientation toward the common courtyard, per subsection d.ii(1). ix. Shared Facilities All shared garbage and storage facilities and mechanical equipment shall be screened from view so that garbage containers and equipment not visible from the street. Item 1.2 [D]:Add design standards for cottage clusters as new Use-Specific Standards for Cottage Clusters.These standards are based directly on the DLCD Model Code design standards for cottage clusters, pursuant to the minimum compliance track under Division 46. For cottage clusters,the minimum compliance track under Division 46 allows cities to adopt the design standards for cottage clusters defined in the DLCD Model Code ("Model Code"), or a less restrictive version of those standards. See Chapter 5 of the DLCD Middle Housing Model Code for Large Cities. Given the direction from Council and the nature of the Division 46 rules,there is little discretion for modification of most of these standards.The standards outlined above are largely intended to reflect the standards in the Model Code,though some language has been modified for consistency with the definitions of the Lake Oswego Community Development Code. e. Townhouse Projects In addition to the standards in Subsections a-c, above,townhouse proiects shall be limited to four attached townhouse units per townhouse proiect. LU 22-0007—Middle Housing Code Amendments Page 17/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Item 32 [D]:Add density limitations that limit townhouse projects to four attached units per townhouse project as new Use-Specific Standards for Townhouse Projects. Though Division 46 prohibits large cities from applying maximum density standards to duplexes, triplexes, quadplexes, and cottage clusters, it nonetheless allows large cities to apply a maximum density of four attached townhouse units per townhouse project. Though the City's ability to apply density standards is somewhat limited by the bill,the continued application of minimum lot area requirements will effectively control density to some degree. See Item 3.1 [D], below. 4. CONDITIONAL USE STANDARDS FOR GROUP AND INSTITUTIONAL HOUSING a. Residential Care Housing and Congregate Housing i. Generally Applicable Standards (1) Any site to be used for residential care housing or congregate housing shall be at least one-half acre in size.All abutting property,which is in one ownership or the subject of a joint application involving more than one ownership, shall be considered as the site. (2) All requirements of the underlying zone, such as lot coverage, height limitations, setbacks and of the Lake Oswego Code generally, shall be complied with unless modified by this section. However,there are no density limitations on the number of residential care or congregate housing living units, which may be developed, provided all the other requirements of the Code and other governmental regulatory agencies are met. (3) Within the allowed single and multi family zones, residential care housing and congregate housing shall be permitted only on those properties which abut a major or minor arterial or a major collector or neighborhood collector.Access to the development site shall be by the street with the highest classification unless prohibited by access constraints. Item 3 [G]: Modify the conditional use standards for group and institutional housing to treat single-family and middle housing equally. This is required pursuant to Division 46,which generally requires that detached single-family and middle housing dwellings be subject to the same regulations. //// (13) Building vents and mechanical devices shall be screened from view with materials harmonious to the building. Exterior site elements such as storage,trash collection areas and noise generating equipment shall be located away from abutting property lines and sight-obscuring fencing and landscaping shall be used to screen and buffer these areas. LU 22-0007—Middle Housing Code Amendments Page 18/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft (14) Access to public and commercial services, parks and other recreation areas, churches, shopping, and other places frequented by the public in the course of daily life shall be made available to the residents through a transport service privately provided by the residential care housing facility. (15) Access to public sidewalks and/or pathways shall be provided. Street crossings bordering on streets three lanes and larger shall be located at traffic light controlled crossings. Crossings on two lane streets classified as either collectors or arterials may occur at sign controlled intersections. All other crossings may occur at noncontrolled intersections provided that safe sight distance per the AASHTO Standards is present.When projects are located on streets greater than 10,000 ADT and it can reasonably be expected that future residents will cross these streets, a traffic study shall be required to show that safe sight distance and adequate traffic "gaps" exist to allow safe crossing. //// 5. STANDARDS FOR PUBLIC, INSTITUTIONAL AND CIVIC USES //// h. Telecommunications Facilities in Residential or Mixed Residential/Commercial Zones In addition to compliance with the approval standards in LOC 50.03.003.5.g.iv and 50.07.004.12, and the general conditional use criteria in LOC 50.07.005, Conditional Use Permits,telecommunications facilities designated as a conditional use in residential or mixed residential/commercial zones shall comply with the following standards: i. New telecommunications facilities shall not be located on a parcel containing an existing single-family dwelling;duplex, rowhousc or zero lot linear middle housing dwelling. Item 4[G]: Modify the use-specific standards for public, institutional, and civic uses to treat single-family and middle housing equally. This is required pursuant to Division 46,which generally requires that detached single-family and middle housing dwellings be subject to the same regulations. //// LU 22-0007—Middle Housing Code Amendments Page 19/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft 50.04.001 DIMENSIONAL TABLE The following dimensional regulations apply to the base zones as identified in each table. These dimensions may have exceptions or modifications as identified in LOC 50.04.003.1,Additional Dimensional Exceptions. 1. RESIDENTIAL LOW DENSITY ZONES a. Dimensional Standards Development in the R-7.5, R-10, and R-15 zones shall conform to the dimensional standards in Table 50.04.001-1 except as modified below. TABLE 50.04.001-1: RESIDENTIAL LOW DENSITY ZONES DIMENSIONS R-7.5 R-10 R-15 Comments/Additional Standards DENSITY [2] 50.04.001.1.b Minimum [1] 80%of max 80% of max 80%of max Maximum (units/acre) [2] [2] [2] MIN. LOT DIMENSIONS [3] 50.04.001.1.c Single-Family, Duplex,Triplex, Quadplex, and Cottage Cluster Developments;Townhouse Projects Area (sq. ft.) 7,500 10,000 15,000 Width (ft.) 50 65 80 Except PD [3] Depth (ft.) — — — Townhouses(one per lot) Area (sq. ft.) 1,500 1,500 1,500 Width (ft.) 15 15 15 Depth (ft.) — — — MAX. FLOOR AREA[7] [81 I I 50.04.001.1.d Base Calculation: Additional floor area allowance per primary 3,000 sq.ft. + [(actual lot size— residential unit providing a garage (sq.ft.) 5,800 sq.ft.)x 0.19] 600 750 850 YARD SETBACKS 50.04.001.1.e Primary Structure Front (ft.) 25 25 25 LU 22-0007—Middle Housing Code Amendments Page 20/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft TABLE 50.04.001-1: RESIDENTIAL LOW DENSITY ZONES DIMENSIONS R-7.5 R-10 R-15 Comments/Additional Standards Side Adjacent to Street (ft.) Arterial/Collector 20 20 20 Local 15 15 15 Interior Side (ft.) Total 15, 5 10 10 min. Rear(ft.) 30 30 30 Cottage Clusters 1 1 1 1 Front (ft.) 10 10 10 — Interior Side/Side Adiacent to 10 10 10 Street (ft.) — — — — Rear(ft.) 10 10 10 _ Accessory Structure Front (ft.) 25 25 25 Side Adjacent to Street (ft.) Arterial/Col lector 20 20 20 Local 15 15 15 Side 5 10 10 Height<_ 18 ft. Rear 10 15 15 Side 5 10 10 Height> 18 ft. Rear 15 15 15 MAX. LOT COVERAGE 50.04.001.1.f MAX. BASE HEIGHT(FT.) Primary Structure [4] [4] [4] 50.04.001.1.g Flat Lot 28 30 35 Lot with Sloping Topography 32 [5] 34 [5] 35 Sloped Lot 35 35 35 Lesser of 24 ft. Lesser of 24 ft. Lesser of 24 ft. Accessory Structure or height of or height of or height of 50.04.001.1.g [6] roof form of roof form of roof form of LU 22-0007—Middle Housing Code Amendments Page 21/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft R-7.5 R-10 R-15 Comments/Additional Standards primary primary primary structure structure structure Additional Standards and Modifications 50.04.001.1.b—g [1] When subdivisions are proposed, the number of lots required shall be determined by dividing the net developable area by the minimum lot size per unit required in the underlying zone, and multiplying this number by 0.8.The result shall be rounded up for any product with a fraction of 0.5 or greater and rounded down for any product with a fraction of less than 0.5.The requirements of this section are subject to the exceptions contained in LOC 50.04.003.10, Exceptions to the Minimum Density Requirement for All Zones. [2] Net developable area divided by the minimum lot area per unit and rounded down to the nearest whole number.The actual density allowed on a site will be determined at the time of development review. Maximum density will be allowed to the extent that facts presented to the hearing body show that development at that density can occur within requirements set forth in the Development Standards._ Duplexes, triplexes, quadplexes, and cottage cluster developments are exempt from maximum density standards. For townhouse proiects,the maximum density is four dwelling units per equivalent minimum lot area required per single-family dwelling in that zone. [3] Up to a 25% reduction in minimum required lot area for each dwelling unit shall be allowed to permit the relocation of a designated historic landmark, when relocation has been approved by the designated hearing body. [4] Base building height of single-family and middle housing dwellings may be increased by one ft. for every five additional ft. in yard setback on all sides. [5] Maximum base height across the site shall be established by a flat plane measured at 28 ft. (R-7.5 zone) or 30 ft. (R-10 zone) above the highest point of the natural grade within the building envelope, except that in no case shall the base height be greater than 32 ft. (R-7.5 zone) or 34 ft. (R-10 zone) above the natural grade. See Figure 50.04.001-A: Height Adjustment for Sloping Topography. [6] Building height exceptions shall not exceed the building height of the primary structure. 171 Cottage cluster developments are exempt from maximum floor area standards, but maximum average floor area standards shall be applied to individual cottage cluster dwellings. See 50.04.001.1.d.iv Maximum Average Floor Area of Units in a LU 22-0007—Middle Housing Code Amendments Page 22/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft R-7.5 R-10 R-15 Comments/Additional Standards Cottage Cluster and 50.03.003.1.d Use-Specific Standards for Cottage Clusters. 181 Maximum floor area standards for townhouses shall be applied to a townhouse proiect, and not to individual townhouse lots or dwellings. See also 50.04.001.1.d.v Maximum Floor Area of Townhouses. [Cross-References: Height Limitation: see Charter Section 46A for 50 ft. Maximum Height of Structures in Residential Areas; Height Measure: see LOC 50.04.003.4, General Exception to Structure Height Limitations.] Item 2.1 [D]: Exempt duplexes,triplexes, quadplexes, and cottage clusters from maximum density standards, and clarify that the maximum density for townhouse projects is four dwelling units per equivalent lot area required per single-family dwelling in that zone,within the Residential Low-Density Zones Dimensions Table. Pursuant to the minimum compliance provisions of Division 46, the City must eliminate any provisions related to maximum density for middle housing types other than townhouses in a number of residential districts—including R-15, R-10, and R-7.5. With respect to townhouses,the CDC must be amended to allow a maximum density of at least four times the density applied to single-family dwellings in that zone, or 25 units per acre—whichever is less. Though the City's ability to apply density standards is somewhat limited by the bill,the continued application of minimum lot area requirements will effectively control density to some degree. See Item 3.1 [D], below. Item 3.1 [D]: Specify the minimum lot dimensions for all middle housing types within the Residential Low-Density Zones Dimensions Table. Division 46 rules place limits on the City's ability to apply minimum lot area standards to middle housing. However, even within these limits the rules do provide the City with some flexibility to modify minimum lot area requirements as an approach to managing density for some middle housing types. The Planning Commission has recommended requiring that lots for triplexes, quadplexes, and cottage clusters generally be larger than what is required for single-family houses in the R-3, R-W, R-DD, R-5, and R-6 Districts. However, because existing minimum lot sizes in the R-7.5, R-10, and R-15 zone districts are in excess of 7,000 sq.ft., under the Division 46 rules the minimum lot size for triplexes, quadplexes, and cottage clusters could not be increased to more than the minimum lot size for single-family dwellings in these zones. LU 22-0007—Middle Housing Code Amendments Page 23/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Item 4.4 [D]: Remove density limitations related to minimum lot dimension requirements that apply on a per-dwelling basis from the Residential Low-Density Zones Dimensions Table. See Item 4.1 [D], above. Item 5.1 [D]:Apply height exceptions for wider setbacks equally to single-family housing and middle housing within the Residential Low-Density Zones Dimensions Table. This is required pursuant to Division 46,which generally requires that detached single-family and middle housing dwellings be subject to the same regulations. Item 6.1 [D]:Add minimum setback standards for cottage clusters and clarify minimum setback standards for other middle housing types within the Residential Low-Density Zones Dimensions Table. Division 46 provides cities with some flexibility to modify their design and dimensional standards for middle housing, as long as the regulations are not more restrictive than those that apply to single-family detached homes. City Council provided direction to staff to apply the existing dimensional standards—including minimum setbacks—for single-family housing to duplexes, triplexes, quadplexes, and townhouse projects. No modifications to existing minimum setback standards are necessary to move forward on Council's guidance to apply these standards to middle housing types other than cottage clusters. Division 46 stipulates that minimum setbacks for cottage clusters must be based on the DLCD Model Code, which limits all minimum setbacks to 10 feet. Item 7.1 [D]: Exempt cottage clusters from maximum floor area standards within the Residential Low-Density Zones Dimensions Table. For cottage clusters,the minimum compliance track under Division 46 allows cities to adopt the design standards for cottage clusters defined in the Model Code, or a less restrictive version of those standards. Given the direction from Council and the nature of the Division 46 rules,there is little discretion for modification of most of these standards. The exemption from maximum floor area standards for cottage clusters is intended to comply with the Model Code, which do not allow large cities to apply maximum floor area standards to cottage cluster developments. Item 10.1 [D]:Apply maximum floor area standards to the entire site, rather than to individual townhouses or townhouse lots, by applying floor area standards to a "townhouse project" within the Residential Low-Density Zones Dimensions Table. City Council provided staff with direction to apply bulk and scale controls to the entire townhouse project, instead of individual lots, consistent with the definition of"townhouse project" in Division 46. Because townhouses are defined as attached structures with each unit located on its own individual lot,townhouse standards are typically applied to the entire site, rather than to individual townhouse lots. In order to address this, it is necessary to distinguish that dimensional standards will apply to a townhouse project, as opposed to a townhouse(or individual townhouse lot). LU 22-0007—Middle Housing Code Amendments Page 24/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Figure 50.04.001-A: Height Adjustment for Sloping Topography 6-ft OALption to Bose height - zone base height dependent 4-ft. adjustment to Bose height for topography b. Density—Additional Standards There are no additional standards for density in this section. c. Lot Dimensions—Additional Standards There are no additional standards for lot dimensions in this section. d. Floor Area—Additional Standards i. Floor Area of Garages and Accessory Structures (1) Garage and Accessory Structures Included in Calculation For purposes of calculating maximum floor area for dwellings in the R-7.5, R-10, and R-15 zones,the floor area of garages and accessory structures shall be included in the total that is subject to the maximum floor area standard of this section. (2) Exceptions 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 sq. ft. in area—up to 200 sq.ft. (b) For lots greater than 10,000 sq.ft. in area—up to 400 sq. ft. ii. Maximum Floor Area of Accessory Structures An accessory structure<_ 18 ft. in height shall not exceed a total 800 sq. ft. in size, or the square footage of the footprint of the primary structure, whichever is less.An accessory structure > 18 ft. in height shall not exceed a total 600 sq. ft. in size or the square footage of the footprint of the primary structure, whichever is less. LU 22-0007—Middle Housing Code Amendments Page 25/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft iii. Maximum Floor Area of Nonresidential Structures Maximum floor area for uses other than residential structures and their accessory structures shall be as follows: (1) Conditional uses: Established as part of the conditional use process. (2) Other nonresidential uses: No greater than 1:1. iv. Maximum Average Floor Area of Units in a Cottage Cluster Maximum average floor area for dwelling units within a cottage cluster development shall be as follows: R-7.5: 1.000 sq.ft. R-10 and R-15: 1,200 sq. ft. Item 8.1 [D]:Apply a maximum average floor area of 1,200 sq.ft. for units within a cottage cluster development in the R-10 and R-15 Zones. Given the direction from Council and the nature of the Division 46 rules,there is little discretion for modification of most dimensional standards. However, the rules do allow for the City to limit the overall floor area (size) of each dwelling in a cottage cluster. City Council directed staff to limit the size of units in a cottage cluster to more closely replicate the floor area permitted for single-family dwellings in a given zone.The Council generally supported applying a maximum average floor area for each dwelling in a cottage cluster development of 1,200 square feet in the R-10 and R-15 Zones. Item 8.2 [D]:Apply a maximum average floor area of 1,000 sq. ft. for units within a cottage cluster development in the R-7.5 Zone. City Council generally supported applying a maximum average floor area for each dwelling in a cottage cluster development of 1,000 square feet in the R-7.5 Zone. See Item 8.1 [D], above. v. Maximum Floor Area of Townhouses Maximum floor area standards for townhouses shall be applied to a townhouse proiect, and not to individual townhouse lots or dwellings. Item 10.2 [D]: Apply maximum floor area standards to the entire site, rather than to individual townhouses or townhouse lots, by applying floor area standards to a "townhouse project" within the Additional Floor Area Standards for Residential Low-Density Zones. See Item 10.1 [D], above. LU 22-0007—Middle Housing Code Amendments Page 26/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft e. Yard Setback—Additional Standards i. Zero Lot Line Units Two lots that have zero lot line units are considered a unified site for the purposes of meeting all required setbacks. ii. Planned Development Setbacks for a planned development will be determined at the time of review.The maximum setback that can be required is 35 ft. iii. Special Setbacks for Steeply Sloped Lots On steeply sloped lots the minimum required front yard setback for detached dwellings and middle housing shall be 18 ft. Item 11.1 [D]: Apply standards for setbacks on steeply sloped lots equally to detached single-family and middle housing dwellings within the Additional Yard Setback standards for Residential Low-Density Zones. This is required pursuant to Division 46,which generally requires that detached single-family and middle housing dwellings be subject to the same regulations. ,iv. Corner Lots 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. v. Measurement of Side Yard Setback For purposes of this section, the width of the side yard setback shall be measured from that portion of the side property line that is nearest to any portion of the structure to that portion of the structure. vi. Common Party Walls Prohibited—Accessory Structures Except for boathouses within the Oswego Lake setback, accessory structures on abutting lots may not be built with common party walls. vii. Cottage Cluster Building Separation Cottages shall be separated from each other by a minimum distance of 10 feet. LU 22-0007—Middle Housing Code Amendments Page 27/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Item 9.1 (D]:Add building separation standards for cottages within a cottage cluster to the Additional Yard Setback standards for Residential Low-Density Districts. A ten-foot separation between cottages is the maximum allowed pursuant to the minimum compliance provisions of Division 46. f. Lot Coverage—Standards i. Maximum Lot Coverage Maximum lot coverage for the R-7.5, R-10, and R-15 districts shall be as follows: TABLE 50.04.001-2: RESIDENTIAL LOW DENSITY LOT COVERAGES Height(ft.) of Maximum Lot Coverage (%) primary structure R-7.5 R-10 R-15 22 or less 35 35 35 >22 to 23 33 34 34 >23 to 24 30 32 33 >24 to 25 28 30 32 >25 to 26 25 28 30 >26 to 27 25 27 29 >27 to 28 25 25 28 >28 to 29 25 25 27 >29 to 30 25 25 25 >30 to 31 25 25 25 >31 to 32 25 25 25 >32 to 33 25 25 25 >33 to 34 25 25 25 >34 25 25 25 (1) Cottage clusters are exempt from maximum lot coverage standards. (4412) Maximum lot coverage standards shall be applied to a townhouse proiect. and not to individual townhouse lots or dwellings. LU 22-0007—Middle Housing Code Amendments Page 28/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Item 12.1 [D]: Clarify maximum lot coverage standards for middle housing within the Maximum Lot Coverage standards for Residential Low-Density Zones. Division 46 provides cities with some flexibility to modify their dimensional standards for middle housing, as long as the regulations are not more restrictive than those that apply to single-family detached homes. City Council provided direction to staff to apply the existing dimensional standards —including maximum lot coverage—for single-family housing to duplexes,triplexes, quadplexes, and townhouse projects. Division 46 minimum compliance provisions also require cities to exempt cottage clusters from maximum lot coverage standards. ii. Special Requirements for Schools (1) 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; (2) 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; iii. Garage Footprint Exemption The garage footprint, including any area directly above or below the garage, shall be exempt from lot coverage as provided below: (1) Up to a cumulative maximum of 200 sq.ft. shall be exempt for garages that are: (a) Rear-or side-loading, or (b) Located 20 ft. or more back from the closest point of the dwelling to the front lot line, or (c) In the case of corner lots, 20 ft. or more back from the closest point of the dwelling to the front and street side lot lines. (2) Up to a cumulative maximum of 400 sq. ft. shall be exempt for a detached garage that meets subsection 1.f.iii(1) of this section, and the lot is greater than 10,000 sq. ft. in area. g. Height—Additional Standards A greater height than otherwise permitted is allowed for: i. Single-Family Dwellings and Middle Housing Base building height may be increased by one ft. for every five additional ft. in yard setback on all sides, beyond the minimum code standards provided in Table 50.04.001-1 above. LU 22-0007—Middle Housing Code Amendments Page 29/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Item 5.2 [D]:Apply height exceptions for wider setbacks equally to detached single-family dwellings and middle housing within the Additional Height Standards for Low-Density Residential Zones. See Item 5.1 [D], above. ii. Any Structure Roof forms or architectural features(such as cupolas or dormers) of any structure provided that these roof forms or features: (1) Do not extend more than six ft. above the maximum specified base height; (2) 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 (3) 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 Figure 50.04.001-B: Height Exceptions. ///// 2. RESIDENTIAL MEDIUM DENSITY ZONES a. Dimensions Development in the R-DD, R-5, and R-6 zones shall conform to the dimensional standards in Table 50.04.001-3 except as modified below: TABLE 50.04.001-3: RESIDENTIAL MEDIUM DENSITY ZONES DIMENSIONS R-6 R-5 R-DD Comments/Additional Standards DENSITY 50.04.001.2.b SF Subdivisions: 5 lots/acre; Duplex Minimum [1] 80%of max 80% of max Subdivisions: 10 units/acre; Multi-Family Subdivisions: 14 units/acre Maximum _ (units/acre) [2] [2],[3] MIN. LOT I 50.04.001.2.c LU 22-0007—Middle Housing Code Amendments Page 30/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft TABLE 50.04.001-3: RESIDENTIAL MEDIUM DENSITY ZONES DIMENSIONS R-6 R-5 R-DD Comments/Additional Standards DIMENSIONS Single-Family, Duplex and Triplex Dwellings; Townhouse Projects SF/Duplex. 5,000- Area (sq. ft.) 6,000 per du 5,000 per du (tetaa};MD 15,000 Except PD {total) _[4] Width (ft.) 50 — I — Depth (ft.} — — — — Cottage Clusters and Quadplexes Area (sa. ft.) 7,000 7,000 7,000 Width (ft.) 50 — — Townhouses(one per lot Area (sci. ft.) 1,500 1,500 1,500 Width (ft.) 15 15 15 MAX. FLOOR AREA (61 50.04.001.2.d Lot>_5,000 sq. ft. 2,850 sq. ft. + [(actual lot size— 2,750 sq.ft. + 5,000 sq.ft.)x R-5 and R-6 districts: [(actual lot size— 0.28] +500 sq. ft.floor area allowance per primary 6,000 sq. ft.)x Lot<5,000 sq. ft. residential unit 0.19] 2,850 sq. ft. + providing a garage [(actual lot size— 5,000 sq.ft.) x 0.48] YARD SETBACKS See 50.04.001.2.e • MAX. LOT See 50.04.001.2.f LU 22-0007—Middle Housing Code Amendments Page 31/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft R-6 R-5 R-DD Comments/Additional Standards COVERAGE MAX. HEIGHT (FT.) 50.04.001.2.g Primary Structure 28 — 28 Flat Lot 28 28 — Sloping Lot [5] [5] — Sloped Lot 32 35 — Accessory Lesser of 24 ft. or Lesser of 24 ft. or Structure height of roof form height of roof form 28 of primary of primary structure structure [1] When subdivisions are proposed in the R-5 and R-6 zones or multi-family development is proposed in the R5 zone, the number of lots or dwelling units required shall be determined by dividing the net developable area by the minimum lot size per unit required in the underlying zone, and multiplying this number by 0.8. The result shall be rounded up for any product with a fraction of 0.5 or greater and rounded down for any product with a fraction of less than 0.5.The requirements of this section are subject to the exceptions contained in LOC 50.04.003.10, Exceptions to the Minimum Density Requirement for All Zones. When subdivisions are proposed in the R-DD zone,the density is computed by multiplying the net developable area by either five,ten, or 14 per the applicable type of development.The result shall be rounded up for any product with a fraction of 0.5 or greater and rounded down for any product with a fraction of less than 0.5. [2] Net developable area divided by the minimum lot area per unit and rounded down to the nearest whole number.The actual density allowed on a site will be determined at the time of development review. Maximum density will be allowed to the extent that facts presented to the hearing body show that development at that density can occur within requirements set forth in the Development Standards._ Duplexes, triplexes, quadplexes, and cottage clusters in residential zones are exempt from maximum density standards. For townhouse proiects in residential zones, the maximum density is four dwelling units per equivalent minimum lot area required Per single-family dwelling in that zone. [3] R-DD zone maximum density expressed in number of dwelling units per net developable area is computed by dividing the net developable area by 2,000 sq.ft. and rounding down to the nearest whole number. Duplexes,triplexes. quadplexes. LU 22-0007—Middle Housing Code Amendments Page 32/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft R-6 R-5 R-DD Comments/Additional Standards and cottage clusters in the R-DD zone are exempt from maximum density standards, For townhouse proiects in the R-DD zone,the maximum density is four dwelling units per equivalent minimum lot area required per single-family dwelling in that zone. [4] Except for structures that have been determined by the State or National Register of Historic Places as being of historic significance. [5] Lots with sloping topography—Maximum base height across the site shall be established by a flat plane measured at 28 ft. above the highest point of the natural grade within the building envelope.The base height shall not exceed 32 ft. above the natural grade. See Figure 50.04.001-A: Height Adjustment for Sloping Topography. f61 Cottage cluster developments are exempt from maximum floor area standards, but maximum average floor area standards shall be applied to individual cottage cluster dwellings. See 50.04.001.2.d.iv Maximum Average Floor Area of Units in a Cottage Cluster and 50.03.003.1.d Use-Specific Standards for Cottage Clusters. Item 2.2 [D]: Exempt duplexes,triplexes, quadplexes, and cottage clusters from maximum density standards, and clarify that the maximum density for townhouse projects is four dwelling units per lot,for lots that comply with minimum lot area required per single-family dwelling in that zone, within the Residential Medium-Density Zones Dimensions Table. See Item 2.1 [D], above. Item 3.2 [D]: Specify the minimum lot dimensions for all middle housing types within the Residential Medium-Density Zones Dimensions Table. See Item 3.1 [D], above. Item 4.5 [D]: Remove density limitations related to minimum lot dimension requirements that apply on a per-dwelling basis from the Residential Medium-Density Zones Dimensions Table. See Item 4.1 [D], above. Item 7.2 [D]: Exempt cottage clusters from maximum floor area standards within the Residential Medium-Density Zones Dimensions Table. See Item 7.1 [D], above. Item 10.3 [D]:Apply maximum floor area standards to the entire site, rather than to individual townhouses or townhouse lots, by applying floor area standards to a "townhouse project"within the Residential Medium-Density Zones Dimensions Table. See Item 10.1 [D], above. ///// LU 22-0007—Middle Housing Code Amendments Page 33/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft b. Density—Additional Standards In the R-5 and R-DD zones, applicants may request up to a 25%density bonus for public agency rental housing projects. In the R-5 zone this request is processed as a conditional use and may not include residential care housing or accessory dwelling units. In the R-DD zone this may not include accessory dwelling units. //// d. Floor Area—Additional Standards //// iv. R-6. R-5.and R-DD Zones (1) Maximum Average Floor Area of Units in a Cottage Cluster Maximum average floor area for dwelling units within a cottage cluster development shall be 1,000 sa. ft. Item 8.3 [D]:Apply a maximum average floor area of 1,000 sq.ft. for units within a cottage cluster development in the R-6, R-5, and R-DD Zones. City Council generally supported applying a maximum average floor area for each dwelling in a cottage cluster development of 1,000 square feet in the R-6, R-5, and R-DD Zones. See Item 8.1 [D], above. e. Yard Setback—Additional Standards i. R-5 Yard Setback Standards (1) Required Setbacks TRACK REQU Structure Type Front(ft.) Side (ft.) Rear(ft.) Attached Dwellings 10—Exterior Wall including Duplexes, Triplexes, 10 10 Cluadplexes, and 0—Attached Wall Townhouse Proiects Detached Dwelling 5—Side Yard 20 10—Street Side 20 Yard Cottage Clusters 10 10 10 Other Types of 10 10 10 LU 22-0007—Middle Housing Code Amendments Page 34/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft TABLE 50.04.001-4:YARD SETBACK REQUIREMENTS Structure Type Front(ft.) Side(ft.) Rear(ft.) Primary Structures and All Accessory Structures Item 6.2 [D]:Add minimum setback standards for cottage clusters and clarify minimum setback standards for other middle housing types within the R-5 Yard Setback Standards. See Item 6.1 [D], above. (2) Additional Setback Standards and Modifications (a) Where a lot zoned R-5 abuts a lot zoned R-6, 7.5, 10, or 15,the building on the R-5 lot shall be set back from the common line a distance equal to the required R-5 yard setback or the height of the primary building on the R-5 lot, whichever is greater. (b) Special Setbacks for Steeply Sloped Lots. On steeply sloped lots,the minimum required front yard setback for detached dwellings and middle housing shall be 18 ft. Item 11.2 [D]: Apply standards for setbacks on steeply sloped lots equally to detached single-family and middle housing dwellings within the Additional Yard Setback standards for Residential Medium-Density Zones. See Item 11.1 [D], above. ii. R-6 Yard Setback Standards (1) Required Setbacks TABLE 50.04.001-5: MINIMUM YARD SETBACKS—R-6 ZONE Primary Cottage Accessory Other Accessory Garage-Vehicle Structures (ft.) Clusters Structures (ft.) [1] Structures(ft.) Opening (ft.) Front 20 [3] 10 20 [3] 20 [3] 15 [2] Side Adjacent Arterial/Collector: 10 Arterial/Collector: Arterial/Collector: Arterial/Collector: to a Street 20; Local: 7.5 20; Local: 7.5 20 Local: 7.5 20; Local: 15 Side 7.5—Exterior Wall 10 5 7.5 7.5 0—Attached Wall Rear 15 10 5 15 15 LU 22-0007—Middle Housing Code Amendments Page 35/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft TABLE 50.04.001-5: MINIMUM YARD SETBACKS—R-6 ZONE Primary Cottage Accessory Other Accessory Garage-Vehicle Structures(ft.) Clusters Structures(ft.) [1] Structures(ft.) Opening(ft.) Notes: [1] < 600 sq.ft. and with walls< 10 ft. in height below the eave. [2] Behind the front building line of the house (excluding a porch). [3] On corner lots,the front setback shall be measured on the narrow street frontage. Item 6.3 [D]:Add minimum setback standards for cottage clusters and clarify minimum setback standards for other middle housing types within the R-6 Zone Minimum Yard Setbacks Table. See Item 6.1 [D], above. (2) Additional Setback Standards and Modifications (a) A projecting covered front porch may extend into the front yard setback up to six ft. (b) Additions to primary and accessory structures built before July 1, 2010, are subject to the following minimum side yard setbacks: TABLE 50.04.001-6: MINIMUM SIDE YARD SETBACKS Structures<_ 18 ft. in height Structures> 18 ft. in height 5 ft. minimum width on a side, 15 ft. cumulative, except a multi-story structure may have a smaller side yard setback than required 5 ft. by this section where the ground floor is set back a minimum of 5 ft. and the remainder of the structure is stepped back from the building line by at least 4 ft. on each side. iii. R-DD Yard Setback Standards //// (3) Multi-Family Dwelling and—Du—pi—ex—Development in R-DD LU 22-0007—Middle Housing Code Amendments Page 36/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft (a) When a new multi-family development or the expansion or reconstruction of an existing multi-family development occurs in an R-DD zone subject to minor development review which abuts an existing less intensive residential use,the proposed multi-family structure shall be set back from the boundary of the less intensive use by at least the amount of feet equal to the height of the multi-family structure. (b) New duplex devvicnitytt,er UN: vgjwn ian or reconstruction of an v.; tires duplex dev .-)"\'r,n"lt in th/E Il ubject to DRC r shall he set back from the boundary of the less intensive use by at Irei ;.G ft. when the proposed development: {i) k greatar tt,an 28 ft. in hcibht, and (ii) AlovAwm axisting less intensive sidontjal ue1 (eb) Developments subject to subsection 2.e.iii(3)(a) or ) of this section shall provide a landscaped area at least five ft.wide within the setback area abutting the less intensive use. The purpose of the landscaped area is to provide a vegetative screen. Plant material used for screening and buffering shall be of a size that will achieve sufficient height within three years of the date of planting to provide adequate screening. Item 6.4 [D]: Clarify that the minimum setback standards for single-family dwellings will be applied to middle housing within the R-DD Zone Minimum Yard Setbacks Table. See Item 6.1 [D], above. (4) Corner Lots 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. iv. Cottage Cluster Building Separation in the R-6. R-5 and R-DD Zones Cottages shall be separated by a minimum distance of 10 feet. Item 9.2 [D]:Add building separation standards for cottages within a cottage cluster to the Additional Yard Setback standards for Residential Medium-Density Districts. See Item 9.1 [D], above. f. Lot Coverage/Impervious Surfaces—Additional Standards i. R-5 Lot Coverage (1) Maximum Lot Coverage (a) The following maximum lot coverage percentages are applicable to townhouse projects and single-family detached, duplex, triplex, and auadr lex structures in the R-5 zone: LU 22-0007—Middle Housing Code Amendments Page 37/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft TABLE 50.04.001-7: R-5 MAXIMUM LOT COVERAGE Height(ft.) Maximum Lot Coverage(%) 22 or less 45 >22 to 25 42 >25 to 28 38 >28 to 30 35 >30 35 (b) Cottage clusters and individual townhouse lots are exempt from maximum lot coverage standards. (c) The maximum lot coverage for all other structures in the R-5 zone is 50%. Item 12.2 [D]:Clarify maximum lot coverage standards for middle housing within the R-5 Lot Coverage Standards. See Item 12.1 [D], above. (2) Garage Footprint Exemption The garage footprint, including any habitable area directly above or below the garage, shall be exempt from lot coverage as provided below: (a) Up to a cumulative maximum of 200 sq. ft. shall be exempt for garages that are: (i) Rear-or side-loading; or (ii) Located 20 ft. or more back from the closest point of the dwelling to the front lot line; or (iii) In case of corner lots, 20 ft. or more back from the closest point of the dwelling to the front and street side lot lines. (b) Up to a cumulative maximum of 400 sq. ft. shall be exempt for a detached garage that meets subsection 2.f.i(2)(a) of this section, and the lot is greater than 10,000 sq. ft. in area. (3) Detached Accessory Structures Habitable areas of detached accessory structures that would normally be counted as floor area shall be exempt from lot coverage calculations as follows: (a) For lots less than or equal to 10,000 sq. ft. in area—up to 200 sq. ft. (b) For lots greater than 10,000 sq.ft. in area—up to 400 sq. ft. LU 22-0007—Middle Housing Code Amendments Page 38/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft ii. R-6 Lot Coverage/Impervious Surfaces (1) Lot coverage in the R-6 zone shall not exceed the following: Height of Structure Lot size in sq.ft. 20' or >20'to >21'to >22'to >23'to >24'to >25'to >26'to >27, less 21' 22' 23' 24' 25' 26' 27' 7,000 or 45% 43% 42% 40% 38% 36% 35% 35% 35% less >7,000— 36% 36% 36% 36% 36% 36% 35% 34% 33% 8,500 >8,500— 35% 35% 35% 35% 34% 33% 32% 31% 30% 10,000 >10,000 35% 35% 35% 33% 31% 30% 29% 28% 27% —11,500 >11,500 35% 34% 33% 30% 28% 27% 25% 25% 25% (2) No more than 60%of the lot may be covered with impervious surfaces. (3) Provided it is the only garage on the site,the garage footprint, including any habitable area above or below the garage, of a detached garage area shall be exempt from lot coverage calculations as follows: (a) Up to a cumulative maximum of 200 sq. ft.for lots less than or equal to 10,000 sq.ft. in area. (b) Up to a cumulative maximum of 400 sq. ft.for lots greater than 10,000 sq.ft. in area. (4) Cottage clusters are exempt from maximum lot coverage standards. (5) Maximum lot coverage standards shall be applied to a townhouse proiect, and not to individual townhouse lots or dwellings. Item 12.3 [D]: Clarify maximum lot coverage standards for middle housing within the R-6 Lot Coverage/Impervious Surfaces Standards. See Item 12.1 [D], above. iii. R-DD Lot Coverage (1) The following maximum lot coverage shall be permitted in the R-DD zone: LU 22-0007—Middle Housing Code Amendments Page 39/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft TABLE 50.04.001-9: R-DD MAXIMUM LOT COVERAGE Dwelling Type Maximum Lot Coverage Single-Family Detached 35% Duplex, Zero Lot LineMiddle 45% Housing Multi-Family Dwelling 55% Item 12.4 [D]:Clarify maximum lot coverage standards for middle housing within the R-DD Maximum Lot Coverage Table. See Item 12.1 [D], above. (2) Theing manim►r arepunts of ilmpervious surface coverage shall be permitted limited to a maximum of 60% in the R-DD zone for all structures other than cottage clusters. See LOC 50.03.003.1.d.ii(1)for maximum impervious surface coverage standards applicable to cottage clusters.: 111 Maximum Impermeable Surface Dwelling-Type Allowed Single Family Detached 60% Duplex, Zero Lot Line 60% Multi Family Dwelling and 60% Rowhousc (3) Cottage clusters are exempt from maximum lot coverage requirements of the zone. (2414) Maximum lot coverage standards shall be applied to a townhouse project. and not to individual townhouse lots or dwellings. Item 12.5 [D]: Clarify that maximum lot coverage applies to townhouse projects, and not to individual townhouse lots or dwellings, and that cottage clusters are exempt from maximum lot coverage standards within the R-DD Lot Coverage Standards. See Item 12.1 [D], above. LU 22-0007—Middle Housing Code Amendments Page 40/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Item 13 [D]: Clarify maximum impervious surface standards for duplexes, triplexes, quadplexes, and townhouse projects in the R-DD Lot Coverage Standards. Division 46 allows cities to apply maximum impervious standards to duplexes,triplexes, quadplexes, and townhouse projects, as long as the regulations are not more restrictive than those that apply to single-family detached homes.This amendment clarifies that the existing maximum impervious surface standards that apply to detached single-family dwellings in the R-DD Zone will also apply to duplexes,triplexes, and quadplexes.The amendment also specifies these maximum impervious surface standards will be applied to a townhouse project—as opposed to individual townhouse lots. Item 14[D]: Clarify which maximum impervious surface standards apply to cottage clusters by cross-referencing the use-specific standards for cottage clusters within the R-DD Lot Coverage Standards. Though the minimum compliance provisions of Division 46 do not allow cities to apply maximum impervious surface standards to cottage cluster developments,there are other maximum impervious surface regulations that apply to common courtyards for cottage clusters within the use-specific standards.This amendment clarifies that cottage clusters are not subject to the maximum impervious surface requirements of the base zone, and references the maximum impervious surface standards within the use-specific standards for cottage clusters. g. Height—Additional Standards i. R-5 Height Restrictions for Primary Structures (1) Projects Greater Than One-Half Acre For attached development in the R-5 zone, the primary structure height shall not exceed: No. of Primary Maximum Base Height for Structures on Site Primary Structures One: 50 ft. Two or more: 40 ft. average, with no individual primary structure exceeding 50 ft. base building height. (2) Base Height Except as provided in subsections 2.g.i(1), 2.g.i(4) and 2.g.ii of this section, the base height of a structure in the R-5 zone shall not exceed: (a) Flat Lots—28 ft. (b) Lots with Sloping Topography—See subsection 2.g.iii of this section. (c) Sloped Lots—35 ft. LU 22-0007—Middle Housing Code Amendments Page 41/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft (3) In the R-5 zone, a structure shall not exceed the base height standards set forth in subsection 2.g.i(2) of this section if the structure is closer than 60 ft.to a lot carrying a residential designation other than R-0, R-3, or R-5. (4) Exceptions to Base Building Height A greater height than otherwise permitted is allowed for single-family and middle housing dwellings—building height may be increased by one ft. for every five additional ft. in yard setback on all sides, beyond the underlying zone code standards provided in subsections 2.g.i(1) and (2) of this section. Item 5.3 [D]:Apply height exceptions for wider setbacks equally to detached single-family dwellings and middle housing within the Additional Height Standards in the R-5 Zone. See Item 5.1 [D], above. //// iv. R-DD Additional Height Standards (1) Primary Structures Average height may increase to 40 ft. over the entire site,with no individual structure exceeding 50 ft., in the following circumstances: (a) The lot or lots developed are one-half acre or greater in area; and (b) 25%or more of the gross site area is constrained by steep slopes, floodplain, or mapped Sensitive Lands; and (c) Any portion of structures taller than 35 ft. is set back at least 50 ft. from a public street. (2) Detached Single-Family Dwelling and Middle Housing/Greater Height Due to Greater Setback In addition to the building base height exceptions in this section,the building base height for detached single-family dwellings and middle housing may be increased by one ft.for every five additional ft. in yard setback on all sides, beyond the minimum code standards for the zone. Item 5.4 [D]:Apply height exceptions for wider setbacks equally to detached single-family dwellings and middle housing within the Additional Height Standards in the R-DD Zone. See Item 5.1 [D], above. 3. RESIDENTIAL HIGH DENSITY ZONES a. Dimensions Development in the R-W, R-3, R-2, and R-0 zones shall conform to the development standards in Table 50.04.001-11 except as modified below: LU 22-0007—Middle Housing Code Amendments Page 42/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft TABLE 50.04.001-11: RESIDENTIAL HIGH DENSITY ZONES DIMENSION R-W R-3 R-2 R-0 [6] Comments/Additional Standards DENSITY 50.04.001.3.b Minimum 80% of max. [1] 80%of max. [1] 12 lots or 20 lots or units/acre [2] units/acre [2] Maximum (units/acre) [3] [3] — — MIN. LOT DIMENSIONS 50.04.001.3.c Single-Family_ and Duplex Dwellings; Townhouse Projects; Area (sq. 3,375 3,375 No min. No min. ft.) No min. for PD Per Dwelling 3,375 3,375 Ale ri+ No min. Triplexes Area (sq. 5,000 5,000 5,000 5,000 ft. Cottage Clusters and Quadplexes Area (sq. 7,000 7,000 7,000 7,000 Townhouses (one per lot) Area (sq. 1,500 1,500 1,500 1,500 Multi- amily Dwellings Area (sq. 3,375 3,375 No min. No min. ft. Per Dwelli i 3,375 3,375 No min. No min. MAX. FLOOR AREA 1171 50.04.001.3.c Residential No max. 1:1 1.2:1 1.2:1 LU 22-0007—Middle Housing Code Amendments Page 43/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft TABLE 50.04.001-11: RESIDENTIAL HIGH DENSITY ZONES DIMENSION R-W R-3 R-2 R-0 [6] Comments/Additional Standards Conditional Use Established as part of the conditional use process Nonresidential 1:1 1:1 1:1 1:1 MAX. LOT COVERAGE 50.04.001.3.d Lot Coverage 100 50 Table 55 50.04.001-12 YARD SETBACKS 50.04.001.3.e Primary Dwelling (Detached) Front (ft.) 0 20 20 Side Adjacent to Street(ft.) 0 10 Table 10 50.04.001-13 Side (ft.) 0 5 5 Rear (ft.) 0 20 20 Primary Dwelling (Attached) Front 0 10 10 Side 0 10 (exterior wall); Table 10 0 (attached wall) 50.04.001-13 Rear 0 10 10 Cotta a Clusters 1 1 l Front It.) 0 10 10 Interior Side/ Table Side Ajiacent to 0 10 10 Street (ft.) 50.04.001-13 Rear (f.) 0 10 10 Other Types of Primary Structures and All Accessory Structures Front (ft.) 0 10 Table 10 LU 22-0007—Middle Housing Code Amendments Page 44/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft R-W R-3 R-2 R-0 [6] Comments/Additional Standards Side Adjacent to 0 — 50.04.001-13 — Street(ft.) Arterial/Collector 0 — — Local 0 — — Side 0 10 10 Height Rear 0 10 10 MAX. BASE HEIGHT(FT.) 50.04.001.3.f Flat Lot — 28 28 28 Lots with Sloping — [4] [4] [4] Topography Sloped Lot — 35 35 35 From Oswego Lake Surface 2425/27 [5] — — — Elevation Lesser of 24 ft. or Lesser of 24 ft. or Lesser of 24 ft. or Accessory height of roof height of roof height of roof Structure form of primary form of primary form of primary structure structure structure [1] When subdivisions are proposed in the R-W and R-3 zones or multi-family development is proposed in the R-3 zone, the number of lots or dwelling units required shall be determined by dividing the net developable area by the minimum lot size or units required in the underlying zone, and multiplying this number by 0.8.The result shall be rounded up for any product with a fraction of 0.5 or greater and rounded down for any product with a fraction of less than 0.5.The requirements of this subsection are subject to the exceptions contained in LOC 50.04.003, Exceptions, Projections, and Encroachments. [2] When subdivisions are proposed in the R-2 or R-0 zones or multi-family development is proposed in the R-0 zone, minimum density is computed by multiplying the net developable area by either 20 or 12 per the applicable zone.The result shall be rounded up for any product with a fraction of 0.5 or greater and rounded down for any product with a fraction of less than 0.5.The requirements of this subsection are subject to the exceptions contained in LOC 50.04.003, Exceptions, Projections and Encroachments. [3] Computed by dividing the net developable area by the minimum lot area per unit and rounding down to the neirest whole number. Duplexes,triplexes, quadplexes, and cottage clusters are exempt from maximum density standards. For townhouse proiects, the maximum density is four dwelling units per equivalent minimum lot area required per single-family dwelling in that zone. [4] Maximum base height across the site shall be established by a flat plane measured at 28 ft. above the highest point of the natural grade within the building envelope.The base height shall not exceed 32 ft. above the natural LU 22-0007—Middle Housing Code Amendments Page 45/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft R-W R-3 R-2 R-0 [6] Comments/Additional Standards grade. See Figure 50.04.001-A: Height Adjustment for Sloping Topography. [5] For any portion of the lot above the Oswego Lake Surface Elevation, maximum building height shall not exceed 24125 ft. For any portion of the lot at or below the Oswego Lake Surface Elevation, maximum building height shall not exceed 27 ft. above the Oswego Lake Surface Elevation.The maximum building height of 27 ft. above the Os3vego Lake Surface Elevation shall extend landward until it meets the 24-25 ft. height limit for the portion of the lot above the Oswego Lake Surface Elevation. See Figure 50.04.001-11[5]. [6] Site-specific dimensional standards, see LOC 50.02.002.2.c. f71 Cottage cluster developments are exempt from maximum floor area standards, but maximum average floor arEa standards shall be applied to individual cottage cluster dwellings. See 50.04.001.2.d.iv Maximum Average Flopr Area of Units in a Cottage Cluster and 50.03.003.1.d Use-Specific Standards for Cottage Clusters. Item 2.3 [D]: Exempt duplexes,triplexes, quadplexes, and cottage clusters from maximum density standards, and clarify that the maximum density for townhouse projects is four dwelling units per lot,for lots that comply with minimum lot area for townhouse projects,within the Residential High-Density Zones Dimensions Table. See Item 2.1 [D], above. Item 3.3 [D]: Specify the minimum lot dimensions for all middle housing types within the Residential High-Density Zones Dimensions Table. See Item 3.1 [D], above. Item 4.6 [D]: Remove density limitations related to minimum lot dimension requirements that apply on a per-dwelling basis from the Residential High-Density Zones Dimensions Table. See Item 4.1 [D], above. Item 6.5 [D]:Add minimum setback standards for cottage clusters and clarify minimum setback standards for other middle housing types within the Residential High-Density Zones Dimensions Table. See Item 6.1 [D], above. Item 7.3 [D]: Exempt cottage clusters from maximum floor area standards within the Residential High-Density Zones Dimensions Table. See Item 7.1 [D], above. Item 10.4 [D]:Apply maximum floor area standards to the entire site, rather than to individual townhouses or townhouse lots, by applying floor area standards to a "townhouse project" within the Residential High-Density Zones Dimensions Table.See Item 10.1 [D], above. LU 22-0007—Middle Housing Code Amendments Page 46/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Item 15.1 [D]: Increase the maximum height from the Oswego Lake Surface elevation from 24 ft.to 25 ft. within the Residential High-Density Zones Dimensions Table. The minimum compliance provisions of Division 46 do not allow cities to apply lower maximum height standards than those applicable to detached single-family dwellings in the same zone, and do not allow cities to apply a maximum height of less than 25 feet or two stories.This amendment changes the maximum height from the Oswego Lake Surface elevation from 24 ft.to 25 ft. in order to comply with this provision. LU 22-0007—Middle Housing Code Amendments Page 47/126 Attachment 2 - Ord. 2892 Public Hearing Review Draft Figure 50.04.001-11[5]: Height Measurement for R-W Zoned Lots t'"d�'eie+�ei; '.alder 5urfce hright H nOkol M txtenAed whdwertl . k 27 ft. 24 ft. Owego LalIE SUrfare Elevation Water 54tr4se K HmNstrak extended lacrd Mi 27$_ 2ShOswego Lolie 5urfare Devotion LU 22-0007—Middle Housing Code Amendments Page 48/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Item 15.2 [D]: Increase the maximum height from the Oswego Lake Surface elevation from 24 ft.to 25 ft. within the Height Measurement for R-W Zoned Lots figure. This amendment clarifies that the maximum height from the Oswego Lake Surface elevation is now 25 ft. within the graphic that accompanies this provision. See Item 15.1 [D], above. ///// b. Density—Additional Standards In the R-0, R-2, and R-3 zones, applicants may request up to a 25% density bonus for public agency rental housing projects.This request is processed as a conditional use and may not include residential care housing or accessory dwelling units. c. Lot Area and Floor Area—Additional Standards i. For projects on properties with a Sensitive Lands overlay designation, lot areas and floor areas may be modified as provided in LOC 50.05.010, Sensitive Lands Overlay Districts. ii. 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: (1) For lot sizes up to 10,000 sq.ft.—up to a cumulative maximum of 200 sq.ft. (2) For lot sizes greater than 10,000 sq.ft.—up to a cumulative maximum of 400 sq. ft. iii. Maximum average floor area for dwelling units within a cottage cluster shall be 1.000 sq. ft. Item 8.4 [D]:Apply a maximum average floor area of 1,000 sq.ft. for units within a cottage cluster development in the R-W, R-3, and R-2, and R-0 Zones. See Item 8.1 [D], above. iv. Maximum floor area standards for townhouses shall be applied to a townhouse project. and not to individual townhouse lots or dwellings. Item 10.5 [D]:Apply maximum floor area standards to the entire site, rather than to individual townhouses or townhouse lots, by applying floor area standards to a "townhouse project" within the Additional Lot Area and Floor Area Standards for Residential High-Density Zones. See Item 10.1 [D], above. d. Lot Coverage—Additional Standards i. R-2 Lot Coverage LU 22-0007—Middle Housing Code Amendments Page 49/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft TABLE 50.04.001-12: R-2 MAXIMUM LOT COVERAGE Structure Type Max. Lot Coverage(%) Single-Family Detached 35 ISingle Family Attached 55 IRowhou+seTownhouse Project 55 IDuplex,Triplex, and Quadplex 55 IOther Structures 50 Item 12.6 [D]: Clarify maximum lot coverage standards for townhouse projects, duplexes,triplexes, and quadplexes within the R-2 Lot Coverage Table. See Item 12.1 [D], above. ii. R-0, R-2, and R-3 Exemptions (1) Garage Footprint Exemption The garage footprint, including any habitable area directly above or below the garage, shall be exempt from lot coverage as provided below: (a) Up to a cumulative maximum of 200 sq. ft. shall be exempt for garages that are: (i) Rear-or side-loading, or (ii) Located 20 ft. or more back from the closest point of the dwelling to the front lot line, or (iii) In the case of corner lots, 20 ft. or more back from the closest point of the dwelling to the front and street side lot lines. (b) Up to a cumulative maximum of 400 sq. ft. shall be exempt for a detached garage that meets subsection 3.d.ii(1)(a) of this section, and the lot is greater than 10,000 sq. ft. in area. (2) Habitable areas of detached accessory structures that would normally be counted as floor area shall be exempt from lot coverage calculations as follows: (a) For lots less than or equal to 10,000 sq. ft. in area—up to 200 sq.ft. (b) For lots greater than 10,000 sq.ft. in area—up to 400 sq. ft. (3) Cottage clusters are exempt from maximum lot coverage requirements. (4) Maximum lot coverage standards for townhouses shall be applied to a townhouse project, and not to individual townhouse lots or dwellings. LU 22-0007—Middle Housing Code Amendments Page 50/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Item 12.7 [D]: Clarify that maximum lot coverage standards for townhouses shall be applied to a townhouse project, and not to individual townhouse lots or dwellings, and that cottage clusters are exempt from maximum lot coverage standards within the R-0, R-2, and R-3 Zone Exemptions. See Item 12.1 [D], above. e. Yard Setback—Additional Standards i. Corner Lots 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. ii. R-2 Yard Setbacks Development in the R-2 districts shall meet the following setbacks: Side (ft.) Structure Type Front (ft.) Rear(ft.) Exterior Attached Duplex 10 7 0 10 Zero Lot Line 40 7 0 4-0 RowheuseTownhouse 10 7 8 10 Project (Triplex 10 7 _ 10 Quadplex 10 7 _ 10 Cottage Cluster 10 10 = 10 Detached Dwelling 20 Single-story dwelling: 5 ft. 20 Multi-story dwelling: 15 ft. cumulative, 5 ft. minimum on a side [1] Other Primary 10 10 10 10 Structures Accessory Structures Same as for Same as for primary 10 primary structure type structure type Notes: [1] Multi-story dwelling: Cumulative yard may be reduced where ground floor is set back minimum of 5 ft. and the LU 22-0007—Middle Housing Code Amendments Page 51/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Side (ft.) Structure Type Front(ft.) Rear(ft.) Exterior Attached remainder of the dwelling is set back a minimum of 9 ft. from the side lot line. Item 6.6 [D]:Add minimum setback standards for cottage clusters and clarify minimum setback standards for other middle housing types within the R-2 Yard Setbacks Table. See Item 6.1 [D], above. iii. Abutting Low Density Residential Where a lot zoned R-0, 2, or 3 abuts a lot zoned R-6, 7.5, 10, or 15 or abuts a lot that would be zoned R-7.5, 10 or 15 upon annexation into the City per LOC 50.01.004.5,the building on the R-0, 2, or 3 lot shall be set back from the common line a distance equal to the required yard setback for the zone in Table 50.04.001-13 or the height of the primary building on the R-0, 2, or 3 lot, whichever is greater. iv. Special Setbacks for Steeply Sloped Lots On steeply sloped lots,the minimum required front yard setback for detached dwellings and middle housing shall be 18 ft. Item 11.3 [D]: Apply standards for setbacks on steeply sloped lots equally to detached single-family and middle housing dwellings within the Additional Yard Setback standards for Residential High-Density Zones. See Item 11.1 [D], above. v. Cottage Cluster Building Separation Cottages shall be separated by a minimum distance of 10 feet. Item 9.3 [D]:Add building separation standards for cottages within a cottage cluster to the Additional Yard Setback standards for Residential High-Density Zones. See Item 9.1 [D], above. f. Height—Additional Standards i. Projects Greater Than One-Half Acre (1) On a lot or lots developed as one project of one-half acre or greater in total area for the R-0 and R-3 zones, the primary structure height shall not exceed: LU 22-0007—Middle Housing Code Amendments Page 52/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft No. of Primary Maximum Base Height for Structures on Site Primary Structures One: 50 ft. Two or more: 40 ft. average, with no individual primary structure exceeding 50 ft. base building height. (2) On a lot or lots being developed as one project of one-half acre or greater in total area for the R-2 zone, the primary structure height shall not exceed: No. of Primary Maximum Base Height for Structures on Site Primary Structures One: 35 ft. Two or more: 32 ft. average, with no individual primary structure exceeding 35 ft. base building height. ii. Base Height Except as provided in subsections 3.f.i and 3.f.v of this section,the base height of a structure in the R-0, R-2, and R-3 zone shall not exceed: (1) Flat lots—28 ft. (2) Lots with sloping topography—Maximum base height across the site shall be established by a flat plane measured at 28 ft. above the highest point on the natural grade within the building envelope, except that in no case shall the base height be greater than 32 ft. above the natural grade. (3) Sloped lots—35 ft. iii. In the R-0 or R-3, a structure shall not exceed the base height standards set forth in subsection 3.f.ii of this section if the structure is closer than 60 ft.to a lot carrying a residential designation other than R-0, R-3 or R-5. iv. Exceptions to Base Building Height In addition to the maximum structure height determined by subsections 3.f.i through 3.f.iii of this section, a greater height than otherwise permitted is allowed as follows: (1) Single-family and middle housing dwellings—Building height, inclusive of projections permitted by the building height exceptions under subsection 3.f.iv(2) of this section, may be increased by one ft. for every five additional ft. in yard setback on all sides, beyond the underlying zone code standards provided in subsections 3.f.i and 3.f.ii of this section; or LU 22-0007—Middle Housing Code Amendments Page 53/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Item 5.5 [D]:Apply height exceptions for wider setbacks equally to detached single-family dwellings and middle housing within the Additional Height Standards for Residential High-Density Zones. See Item 5.1 [D], above. (2) Any primary structure—For roof forms, or architectural features, such as cupolas or dormers; provided, that these roof forms or features: (a) Do not extend more than six ft. above the maximum specified base height; (b) 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 (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. //// LU 22-0007—Middle Housing Code Amendments Page 54/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft 50.04.004 SOLAR ADJUSTMENTS 1. EXEMPTIONS FROM SOLAR DESIGN STANDARD A development is exempt from the requirements of LOC 50.06.007.1.c, Solar Design Standard, if the reviewing authority finds the applicant has shown that one or more of the following conditions apply to the site. A development is partially exempt from LOC 50.06.007.1.c to the extent the reviewing authority finds the applicant has shown that one or more of the following conditions apply to a corresponding portion of the site. If a partial exemption is granted for a given development,the remainder of the development shall comply with the solar access requirements. a. Slopes The site, or a portion of the site for which the exemption is sought, is sloped 20%or more in a direction greater than 45° east or west of true south, based on a topographic survey by a licensed professional land surveyor. b. Off-Site Shade The site, or a portion of the site for which the exemption is sought, is within the shadow pattern of off-site features, such as but not limited to structures, topography, or solar-unfriendly vegetation, which will remain after development occurs on the site from which the shade is originating. i. Shade from an existing or approved off-site dwelling in a single family residential zone and from topographic features is assumed to remain after development of the site. ii. Shade from an off-site structure in a zone other than a single family residential zone is assumed to be the shadow pattern of the existing or approved development thereon or the shadow pattern that would result from the largest structure allowed at the closest setback on adjoining land, whether or not that structure now exists. Item 16 [D]: Eliminate references to single-family zones within the solar adjustments standards related to off-site shade. Because this package of middle housing code amendments will allow for the development of middle housing in all areas that allow detached single-family dwellings,there will no longer be zoning districts that are limited to detached single-family dwellings.This requires clarification within the areas of the code that currently refer to "single-family residential zones".This amendment clarifies that the solar adjustments standards will now apply equally to all dwelling types within all residential zones. iii. Shade from off-site vegetation is assumed to remain after development of the site if: the trees that cause it are situated in a required setback; or they are part of a developed area, public park, or legally reserved open space; or they are in or separated from the developable remainder of a parcel by an undevelopable area or feature; or they are part of landscaping required pursuant to a development permit issued pursuant to this Code. LU 22-0007—Middle Housing Code Amendments Page 55/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft iv. Shade from other off-site sources is assumed to be shade that exists or that will be cast by development for which applicable development permits have been approved on the date a complete application for the development is filed. c. On-Site Shade The site, or a portion of the site for which the exemption is requested, is: i. Within the shadow pattern of on-site features such as, but not limited to, structures and topography which will remain after the development occurs; or ii. Contains solar-unfriendly trees at least 30 ft.tall and more than six in. in diameter measured four ft. above the ground which have a crown cover over at least 80%of the site or relevant portion.The applicant can show such crown cover exists using a scaled survey or an aerial photograph. If granted,the exemption shall be approved subject to the condition that the applicant preserve at least 50%of the trees that cause the shade that warrants the exemption.The applicant shall file a note on the plat or other documents in the office of the County Recorder binding the applicant to comply with this requirement.The City shall be made a party of any covenant or restriction created to enforce any provision of this section.The covenant or restriction shall not be amended without written City approval. //// LU 22-0007—Middle Housing Code Amendments Page 56/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft 50.05.001 GLENMORRIE R-15 OVERLAY DISTRICT //// 5. PLANTINGS AND BUFFERING a. Applicability A Plantings and Buffering Plan shall be submitted when a building permit is required for: i. Construction of new structures; ii. Remodeling that increases the footprint of an existing structure by more than 400 sq. ft. and is not the creation of new middle housing through conversion or addition to an existing single-family dwelling; or Item 1 [0]: Exclude middle housing created through conversions or additions to a single-family dwelling in the Glenmorrie R-15 Overlay from the requirement to submit a Plantings and Buffering plan. Division 46 does not allow for design standards to be applied to middle housing created through conversions or additions to single-family dwellings.This amendment clarifies that middle housing created through conversions or additions to an existing detached single-family dwelling will not be subject to plantings and buffering requirements within the Glenmorrie R-15 Overlay. ///// LU 22-0007—Middle Housing Code Amendments Page 57/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft 50.05.004 DOWNTOWN REDEVELOPMENT DESIGN DISTRICT ///// 13. CLEAR AND OBJECTIVE HOUSING STANDARDS FOR APPROVAL a. Purpose By compliance with the clear and objective standards of this article, the purpose of the Downtown Redevelopment District Design Standard, to guide the redevelopment of downtown Lake Oswego in a manner that creates a village character with a feeling of vitality and sense of place in order to attract private investment and redevelopment of the area and create a community center that reflects and enhances the village character of the City of Lake Oswego, will be met. b. Clear and Objective Track 2 Alternative Applicability A development in the Downtown Redevelopment District(shown in Figure 50.05.004-0)that involves_ new dwellings or a structure for residential mixed use, multi family residential, or attached single family (three or moro :,ni housing that cr atcs new dwolling :,nib, may comply with this article in lieu of compliance with LOC 50.05.004.1 through 50.05.004.12. Item 2 [0]: Clarify that the Downtown Redevelopment Design (DRD) District Clear and Objective Standards may be applied equally to new dwellings—including detached single-family dwellings and middle housing. Division 46 provides cities with some flexibility to modify their design and dimensional standards for middle housing, as long as the regulations are not more restrictive than those that apply to single-family detached homes. City Council provided direction to staff to apply the existing design standards—including design standards within overlay districts—for single-family housing to duplexes,triplexes, quadplexes, and townhouse projects.This amendment clarifies that the clear and objective design standards within the DRD Overlay District may be applied equally to detached single-family dwellings and middle housing, among other dwelling types. ///// LU 22-0007—Middle Housing Code Amendments Page 58/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft 50.05.006 OLD TOWN NEIGHBORHOOD DESIGN ///// 4. REQUIRED OLD TOWN STYLE //// b. Old Town Style Structures shall be designed in one of the three following traditional American home building styles, as described and outlined below: Early 1900 Vernacular style (gable-front or gable front-and-wing), Craftsman, or Cape Cod. i. Early 1900 Vernacular Style //// (2) Required Design Elements Structures built according to the Early 1900 Vernacular style in Old Town shall provide the following design elements: //// (f) Windows: //// (iii) Single-family and middle housing structures shall provide at least 15%glazing for all street-facing building facades. Glazing may be provided in windows or primary entry doors. Item 3.1 [0]: Clarify that window standards for the Early 1900 Vernacular Style apply equally to both detached single-family and middle housing dwellings in the Old Town Neighborhood Design (R-DD) Overlay District. Division 46 provides cities with some flexibility to modify their design and dimensional standards for middle housing, as long as the regulations are not more restrictive than those that apply to single-family detached homes. City Council provided direction to staff to apply the existing design standards—including design standards within overlay districts—for single-family housing to duplexes,triplexes, quadplexes, and townhouse projects.This amendment clarifies that the window standards for the Early 1900 Vernacular Style within the R-DD Overlay District may be applied equally to detached single-family dwellings and middle housing. //// LU 22-0007—Middle Housing Code Amendments Page 59/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft (h) Front Entry: (i) Single-Family Residential and Middle Housing:A covered front porch measuring a minimum of six ft. deep and eight ft. wide, or one front entry that is recessed at least three ft. behind the front building facade. For cottage clusters,this standard applies to cottages that have no other structure between them and the front lot line. (ii) Multi-Family Residential_ and Townhouses: Ground floor residential entries shall provide a covered front entry measuring at least six ft. deep, or a front entry that is recessed at least three ft. behind the front building facade. Item 3.2 [O]: Clarify that front entry standards for the Early 1900 Vernacular Style apply equally to both single-family residential and middle housing dwellings in the R-DD Overlay District. See Item 3.1 [0], above. Item 4.1 [01: Modify front entry standards for the Early 1900 Vernacular Style not to scale by the number of dwelling units in the R-DD Overlay District. The minimum compliance provisions of Division 46 require that cities apply the same clear and objective design standards that the Large City applies to detached single-family structures in the same zone to middle housing. Design standards for middle housing may not "scale by the number of dwelling units or other features that scale with the number of dwelling units, such as primary entrances." Division 46 further specifies that, "Design standards may scale with form-based attributes, including but not limited to floor area, street-facing façade, height, bulk, and scale." Because the front entry standards for the Early 1900 Vernacular Style currently are written to apply differently to townhouses than to detached single-family dwellings, it is necessary to first clarify that the front entry standards for detached single-family dwelling will now apply to all middle housing types. Further, it is necessary to address that the existing front entry standards for the Early 1900 Vernacular Style scale by the number of dwelling units, in that they require covering or recessing of each residential entry for townhouses.This amendment further clarifies that the standard can be met with the provision of just one recessed front entry for both detached single-family and middle housing dwellings. //// ii. Cape Cod //// (2) Required Design Elements Structures built according to the Cape Cod style in Old Town shall provide the following required design elements: //// LU 22-0007—Middle Housing Code Amendments Page 60/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft (b) Massing/Composition: Single-family residential and middle housing dwellings shall have square or rectangular plan (see Figure 50.05.006-C). Multi-family and townhouse structures shall provide additional building articulation, in accordance with standards in LOC 50.06.001.7.c.i and 50.06.001.7.c.ii. Item 3.3 [O]: Clarify that massing/composition standards for the Cape Cod Style apply equally to both single-family residential and middle housing dwellings in the R-DD Overlay District. See Item 3.1 [0], above. //// (f) Windows: (i) Double or single-hung sash windows with multi-paned glazing on one or both sashes required on all street-facing building facades. (ii) Single-family structures and middle housing shall provide at least 15%glazing for all street-facing building facades. Glazing may be provided in windows or primary entry doors. Item 3.4 [O]: Clarify that window standards for the Cape Cod Style apply equally to both single-family residential and middle housing dwellings in the R-DD Overlay District. See Item 3.1 [0], above. //// iii. Craftsman //// (2) Required Design Elements Structures built according to the Craftsman style in Old Town shall provide the following required design elements: (a) Building Height: Single-family residential dwellings and middle housing shall be a maximum of two stories. Item 3.5 [O]: Clarify that building height standards for the Craftsman Style apply equally to both single-family residential and middle housing dwellings in the R-DD Overlay District. See Item 3.1 [0], above. (b) Massing/Composition: Single-family residential and middle housing dwellings shall have square, rectangular, L-shaped, or T-shaped plans (see Figure 50.05.006-E). Building projections illustrated in L-shaped and T-shaped plans in Figure 50.05.006-A may extend LU 22-0007—Middle Housing Code Amendments Page 61/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft from any location along the building facade. Porch projections may be appended to any of the above plan types. Multi-family structures shall provide additional building articulation in accordance with standards in LOC 50.06.001.7.c.i and 50.06.001.7.c.ii. Item 3.6 [O]: Clarify that massing/composition standards for the Craftsman Style apply equally to both single-family residential and middle housing dwellings in the R-DD Overlay District. See Item 3.1 [0], above. //// (h) Front Entry: (i) Single-Family Residential and Middle Housing:A covered front porch (full or partial width of front elevation) measuring at least six ft. deep and at least half the width of the front facade. Porch roof shall be supported by tapered square, square, clustered square, or pedestal columns, measuring at least 5.5 in. in width at the narrowest point (clustered columns shall provide a minimum overall width of eight in.). For cottage clusters,this standard applies to cottages that have no other structure between them and the front lot line. (ii) Multi-Family Residential and Townhouses: Ground floor residential entries shall provide a covered front entry or a front entry(measuring at least six ft. deep) that is supported by tapered square, square, clustered square, or pedestal columns, or a front entry that is recessed at least three ft. behind the front building facade. Columns shall measure at least 5.5 in. in width at the narrowest point (clustered columns shall provide a minimum overall width of eight in.). Item 3.7 [O]: Clarify that front entry standards for the Craftsman Style apply equally to both single-family residential and middle housing dwellings in the R-DD Overlay District. See Item 3.1 [0], above. Item 4.2 [O]: Modify front entry standards for the Craftsman Style to no longer scale by the number of dwelling units in the R-DD Overlay District. See Item 4.1 [0] above. //// (j) Multi-family and townhouse structures shall provide additional building articulation, in accordance with standards in LOC 50.06.001.6.c.i and 50.06.001.6.c.ii. Item 3.8 [0]: Clarify that building articulation standards in the required design elements for the Craftsman Style apply equally to both single-family residential and middle housing dwellings in the R-DD Overlay District. See Item 3.1 [0], above. LU 22-0007—Middle Housing Code Amendments Page 62/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft //// 9. ADDITIONAL REQUIREMENTS FOR TOWNHOUSE, ROWHOUSE AND MULTI Pk -FAMILY DWELLINGS a. Purpose The following standard ensures that new townhomes, rowhouses, and multi-family structures, due to their potential size, are visually reduced in scale and relate to nearby residential structures and neighborhood scale in general. b. Townhouse, rowhoLcoyand mMulti-family structures shall be designed in one of the Old Town styles, as described and illustrated in LOC 50.05.006.4.b. In addition, multi-family structures shall also be subject to the following requirements: i. Multi-family structures shall provide articulated building facades and rooflines in accordance with requirements in LOC 50.06.001.7.c.i, Building Articulation for Multi-Family and Residential Mixed Use Structures. ti. Townhoix.oc-and rowhousoall provide articulated building facades and rooflines in accordance with LOC 50.06.001.7.c.ii, Building Articulation for Townhouse/Rowhouse Structures. All surface parking areas shall provide a landscape buffer measuring a minimum of five ft. wide between the parking area and any public right-of-way or abutting property.The buffer should provide continuous landscaping measuring a minimum of three ft. high. All multi-family and duplex development must also comply with setback and landscaping requirements in LOC 50.04.001.2.e.iii. +viii. Parking spaces may not be located within the front setback or between the building and any street frontage. Item 5 [0]: Clarify that the additional design standards for multiple-family dwellings in the R-DD Overlay District are not applicable to middle housing. This amendment is necessary in order to apply design standards within the R-DD Overlay District equally to detached single-family and middle housing dwellings, per the minimum compliance provisions of Division 46. The amendment also changes the title of this code section for consistency with the term "multi-family dwelling",which is defined and used elsewhere in the code. Because the term "multiple-family dwelling" is no longer used within the code, it was necessary to clarify the applicability of this section to "multi-family dwellings." ///// LU 22-0007—Middle Housing Code Amendments Page 63/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft 50.05.007 LAKE GROVE VILLAGE CENTER OVERLAY DISTRICT ///// 3. APPLICABILITY //// c. Applicability by Type of Development i. New Construction/Redevelopment All standards of this overlay apply to new building(s) and alterations to existing buildings that do not meet the definition of"remodel" in subsection 3.c.ii of this section, and site improvements on any vacant or redeveloped site and to new building(s) and related site improvements on any partially developed or developed site. Exceptions: (1) For the construction or redevelopment of single-family and middle housing dwellings,— duplexes, and townhomcs,the pedestrian features standards of subsection 5.d of this section do not apply. //// ii. Remodeled Buildings, Building Expansion,and Site Improvements The standards of this overlay apply to any remodeling, building expansion, or site improvement project on a partially developed or developed site, except as expressly provided below. For the purpose of this subsection, "remodel" means less than 50%of the exterior wall is removed or is no longer a necessary and integral structural component of the overall building. Elements of the exterior wall include columns, studs, or similar vertical load-bearing elements and associated footings. However, existing exterior walls supporting a roof that is being modified to accommodate a new floor level or roofline shall continue to be considered necessary and integral structural components, provided the existing wall elements remain in place and provide necessary structural support to the building upon completion of the roofline modifications. For buildings not principally supported by exterior bearing walls, "remodel" means less than 50%of the principal support structure, including columns, structural frames and other similar primary structural elements, is removed or no longer a necessary and integral structural component of the overall building. Alterations that are undertaken solely to bring an existing building into compliance with the Building Code are not counted towards the 50% measurement. //// (5) For remodels of single-family dwellings, duplexes and townhomcs,and middle housing, the pedestrian features standards of subsection 5.d of this section do not apply. LU 22-0007—Middle Housing Code Amendments Page 64/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Item 6 [0]: Clarify that design standards apply to both detached single-family and middle housing dwellings equally in the Lake Grove Village Center Overlay (LGVCO). This amendment is necessary in order to apply design standards within the LGVCO equally to detached single-family and middle housing dwellings, per the minimum compliance provisions of Division 46. (6) Remodels or conversions of single-family dwellings that result in the creation of middle housing and are not classified as an expansion or addition are exempted from the standards of this subsection. (7) For additions to single-family dwellings that result in the creation of middle housing, the standards of this section shall apply only to the newly-added and any replaced portion(s) of the structure. Existing non-conforming portions of the structure are exempted from the standards of this section. Item 7 [0]: Exempt remodels, conversions, or additions to SFR that create middle housing from the Remodeled Buildings, Building Expansion, and Site Improvements standards in the Lake Grove Village Center Overlay(LGVCO). Clarify that,for additions to single-family dwellings that result in the creation of middle housing,the standards apply only to the newly-added and any replaced portion(s) of the structure, and that existing non-conforming portions of the structure are exempted. The minimum compliance provisions of Division 46 stipulate that large cities, "must allow for the development of Triplexes, Quadplexes,Townhouses, and Cottage Clusters, including those created through additions to or conversions of existing detached single-family dwellings." Division 46 further specifies that, "additions to, or conversions of, an existing detached single-family dwelling into Middle Housing" must be allowed, "provided that the addition or conversion does not increase nonconformance with applicable clear and objective standards, unless increasing nonconformance is otherwise permitted by the Large City's development code." In order to comply with the above provisions,this amendment clarifies that remodels or conversions of single-family dwellings that result in the creation of middle housing, and are not classified as an expansion or addition, are exempted from standards that apply to remodeled buildings, building expansion, and site improvements in the LGCVO.The amendment further specifies that existing non-conforming portions of a structure are exempted from these standards, to reach compliance with Division 46. ///// LU 22-0007—Middle Housing Code Amendments Page 65/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft 50.05.010 SENSITIVE LANDS OVERLAY DISTRICTS ///// 4. GENERALLY APPLICABLE STANDARDS FOR LANDS WITH RP DISTRICTS, RC DISTRICTS,AND HBA PROTECTION AREAS //// c. Density Transfer Lot density transfer shall be permitted for land divisions on residentially zoned lands subject to an RP district pursuant to this section, and on lands with an HBA protection area pursuant to this section and LOC 50.05.010.7. //// iii. Applicability by Housing Type Lot density transferred pursuant to this section may not be used to develop a triplex, quadplex, townhouse, or cottage cluster. Item 8 [0]: Limits the applicability of density transfer provisions in the Sensitive Lands Overlay to single-family dwellings and duplexes, as allowed under Division 46. Division 46 stipulates that cities, "may regulate middle housing to comply with protective measures (including plans, policies, and regulations) adopted and acknowledged pursuant to statewide land use planning goals."This includes provisions related to Statewide Planning Goal 5—Natural Resources,with specific language in Division 46 that requires cities to, "adopt land use regulations to protect water quality, aquatic habitat, and the habitat of threatened, endangered and sensitive species."The City has already taken significant measures to adopt such regulations within the Sensitive Lands Overlay District. With respect to regulations that protect natural resources, the minimum compliance provisions of Division 46 allow cities to apply the same regulations to duplexes that apply to detached single-family dwellings in the same zone, and to limit the development of middle housing other than duplexes within "significant resource sites identified and protected pursuant to Goal 5." This amendment clarifies that the density transfer provisions for the Sensitive Lands Overlay district will apply equally to detached single-family and duplex dwellings, but will not apply to other middle housing types, pursuant to the minimum compliance provisions. //// LU 22-0007—Middle Housing Code Amendments Page 66/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft g. Mitigation Requirements //// ix. Bonding Period //// (4) Property owners of individual tax lots that are lots of record which are zoned for single-family residential or middle housing use, are not large enough to be further divided, and were in existence prior to the date this section becomes effective shall be exempt from these bonding requirements. Item 9 [0]: Modify the bonding period standards for the Sensitive Lands Overlay District to apply equally to both detached single-family and middle housing dwellings. This amendment is necessary in order to apply boding period standards within the Sensitive Lands Overlay District equally to detached single-family and middle housing dwellings, per the minimum compliance provisions of Division 46. ///// 6. STANDARDS APPLICABLE TO RP DISTRICTS a. Resource Protection (RP) District Environmental Review Standards;Applicability and Purpose In addition to compliance with LOC 50.07.004.8.c and 50.07.004.8.d and LOC 50.05.010.4.b and 50.05.010.4.c, applicants for development that is subject to environmental review on property containing an RP district shall comply with the standards contained in LOC 50.05.010.6.b through 50.05.010.6.d, in order to: i. Prohibit new development within an RP district following delineation of the resource or resources, except as provided in this section. In the event that development is allowed within an RP district,the applicant shall mitigate for the loss of or damage to the RP resource pursuant to LOC 50.05.010.4.e through 50.05.010.4.g; ii. Ensure that new development and alterations are compatible with and maintain the total land area and the functions and values of resources designated as RP; Iiii. Allow for development opportunities for at least one single-family home or duplex, pursuant to LOC 50.05.010.6.d and the applicable mitigation criteria of LOC 50.05.010.4.e through 50.05.010.4.g. LU 22-0007—Middle Housing Code Amendments Page 67/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Item 10 [0]:Allow for duplex development opportunities within the Resource Protection (RP) District, but not opportunities for the development of other middle housing types, as permitted under Division 46. As mentioned above under Item 8 [0],the minimum compliance provisions of Division 46 allow cities to apply the same regulations to duplexes that apply to detached single-family dwellings in the same zone, and to limit the development of middle housing other than duplexes within "significant resource sites identified and protected pursuant to Goal 5." This amendment clarifies that development opportunities within the RP District will apply equally to detached single-family and duplex dwellings, but will not apply to other middle housing types, pursuant to these minimum compliance provisions. //// d. Exceptions Where the RP District Prohibits All Reasonable Development Opportunities i. When a delineated RP district occupies most or all of a lot in any residential district,the property owner shall be permitted development on the parcel of a single-family dwelling, duplex, or the equivalent; "equivalent" shall be one or more dwellings which in total do not exceed the I maximum lot coverage and floor area allowed for one single-family or duplex dwelling based on the minimum lot area of the underlying zone. In approving more than one dwelling the reviewing body shall find that the avoid, minimize, mitigate requirements of this section are met, and the development will have no greater impact to water quality, slope stability, erosion, or wildlife habitat than would occur with one dwelling constructed with the maximum allowed floor area based on the minimum lot area of the underlying zone.All other applicable City codes and development standards shall be complied with, and the mitigation criteria of LOC 50.05.010.4.e through 50.05.010.4.g shall also be applicable. Item 11 [O]:Allow for duplex development opportunities on sites otherwise encumbered by an RP District, but not opportunities for the development of other middle housing types, pursuant to the minimum compliance provisions of Division 46. As mentioned above under Item 8 [0],the minimum compliance provisions of Division 46 allow cities to apply the same regulations to duplexes that apply to detached single-family dwellings in the same zone, and to limit the development of middle housing other than duplexes within "significant resource sites identified and protected pursuant to Goal 5." This amendment clarifies that opportunities for development on sites otherwise encumbered by an RP District within the RP District will apply equally to detached single-family and duplex dwellings, but will not apply to other middle housing types, pursuant to these minimum compliance provisions. ///// LU 22-0007—Middle Housing Code Amendments Page 68/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft 50.06.001 BUILDING DESIGN 1. APPLICABILITY This section is applicable as follows: TABLE 50.06.001-1: BUILDING DESIGN STANDARDS APPLICABILITY /A/=Applicable/blank/= Not Applicable Additional Base District R-15 R-10 R-7.5 R-6 R-5 Standards Structure 50.05.006, Design— Residential A A A A A [1] Old Town Zones Neighborhood 50.06.001.2 Design Garage 50.05.006, Appearance Old Town and Location A A A A A Neighborhood 50.06.001.4 Design Zone Additional Standards A 50.06.001.3 (R-6) Commercial, Industrial, and Multi-Family Not Located A [2][3] in FMU Zone Standards for Approval 50.06.001.5 Development Located in FMU Zone Standards for A [4] Approval 50.06.001.6 Notes: [1] Structure Design standards only apply to detached single-family dwellings and middle housing, zcro lot line dwellings,duplexes, and structures that are accessory to these development types (see LOC 50.06.001.2.a). [2] Ministerial development: development involving mechanical equipment, limited LU 22-0007—Middle Housing Code Amendments Page 69/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft TABLE 50.06.001-1: BUILDING DESIGN STANDARDS APPLICABILITY /A/=Applicable/blank/= Not Applicable Additional Base District R-15 R-10 R-7.5 R-6 R-5 Standards to LOC 50.06.001.5.b.viii (mechanical equipment screening). [3] Minor and major development: development involving a structure for commercial, industrial, institutional, public use (including major public facilities and minor public facilities), multi-family residential, attached single family(three or more units) residential development, and to all minor development within the R-DD zone. This standard is also applicable to exterior modifications of a structure which does not qualify as a ministerial development. [4] Development involving either mechanical equipment, or development involving structures, or both, including new development and exterior modifications, in the FMU zone. LU 22-0007—Middle Housing Code Amendments Page 70/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Item 1.1 [R]: Specify that middle housing development will be a ministerial decision within the Building Design Standards Applicability Table. The minimum compliance provisions of Division 46 stipulate that middle housing must be subject to the same approval processes as single-family detached dwellings in the same zone. Under the City's current system, single-family development is classified as a Ministerial decision, and the development of middle housing types other than duplexes is classified as a Minor Development decision and subject to additional staff review. In order to comply with Division 46, the City's review procedures must be amended to treat middle housing the same as single-family housing. City Council directed staff to develop code amendments that would classify the development of a single triplex, quadplex,townhouse project, and cottage cluster as a ministerial decision in order to comply with the bill. As a result of this change,the development of a triplex, quadplex, or cottage cluster will generally not require a Pre-Application Conference, neighborhood meeting, public notice, or a public hearing —as these are not required for single-family residential development.The existing ministerial procedure utilized for the review of single-family and duplex dwelling building permit applications will now be applied to triplex, quadplex, or cottage cluster applications.This review is primarily managed by the Building Department, but also includes review by staff from the Planning, Engineering, and Fire Departments to ensure compliance with applicable standards. Townhouse development that requires a land division will be still considered a minor development decision (even for expedited middle housing land divisions pursuant to Senate Bill 458). However, townhouses allowed under HB 2001 will no longer be subject to the additional design review approval for compliance with the standards in LOC 50.06.001.5, as is currently required. Item 17.1 [D]: Apply general building design standards to middle housing in all applicable zones within the Building Design Standards Applicability Table. Division 46 provides cities with some flexibility to modify their design standards for middle housing, as long as the regulations are not more restrictive than those that apply to single-family detached homes. City Council provided general direction to staff to apply the existing building design standards for single-family housing to duplexes,triplexes, quadplexes, and townhouse projects. With respect to cottage clusters, Division 46 requires that cities apply design standards that are less restrictive than those in the Model Code, and no more restrictive than the design standards that apply to single-family detached homes. In addition to the use-specific standards for cottage clusters, which contain standards specific to parking, landscaping, orientation, and other design elements, City Council directed staff to apply any design standards that apply to detached single-family housing to cottage cluster dwellings as long as they do not conflict with the Model Code. This amendment clarifies that the general building design standards will also apply to all middle housing types, as permitted pursuant to the minimum compliance provisions. LU 22-0007—Middle Housing Code Amendments Page 71/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft 2. STRUCTURE DESIGN—RESIDENTIAL ZONES a. Applicability i. In the R-0, R-2, R-3, and R-5 zones, this subsection applies only to the following types of development: (1) Detached single-family dwellings; (2) Zero lot line dwellingsMiddle housing;, and {.3) Cb:plcxcs; and(43) Structures that are accessory to these development types listed above. Item 17.2 [D]:Apply general building design standards to middle housing in all applicable zones within the applicability standards for Structure Design—Residential Zones. See Item 17.1 [D], above. ii. This subsection is applicable to all structures in any other base residential districts, except R-W and R-DD. iii. Remodels or conversions of single-family dwellings that result in the creation of middle housing and are not classified as an expansion or addition, are exempted from the standards of this subsection. iv. For additions to single-family dwellings that result in the creation of middle housing, this subsection (a) shall apply only to the newly-added and any replaced portion(s) of the structure. Existing non-conforming portions of the structure to remain in place are exempted from the standards of this subsection. Item 18 [D]: Clarify that remodels and conversions of existing single-family dwellings that result in the creation of middle housing are exempted from general building design standards. As mentioned above under Item 7 [0],the minimum compliance provisions of Division 46 stipulate that large cities, "must allow for the development of Triplexes, Quadplexes,Townhouses, and Cottage Clusters, including those created through additions to or conversions of existing detached single-family dwellings." Division 46 further specifies that, "additions to, or conversions of, an existing detached single-family dwelling into Middle Housing" must be allowed, "provided that the addition or conversion does not increase nonconformance with applicable clear and objective standards, unless increasing nonconformance is otherwise permitted by the Large City's development code." In order to comply with the above provisions,this amendment clarifies that remodels and conversions of single-family dwellings that result in the creation of middle housing, and are not classified as an expansion or addition, are exempted from the general building design standards. The amendment further specifies that existing non-conforming portions of a structure are exempted from the design standards, in order to reach compliance with Division 46. LU 22-0007—Middle Housing Code Amendments Page 72/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft //// 3. R-6 RESIDENTIAL ZONE ADDITIONAL REQUIREMENTS a. Roof Design i. The minimum roof pitch for primary roof forms of a single-family or middle housing dwelling shall be 6:12. Shed type and flat roofs are not permitted as primary roof forms on single-family or middle housing dwellings. Secondary roof forms, such as sunrooms, balconies, dormers, porticos, or bays, may be flat or shed roof types. See Figure 50.06.001-J: Identification of Primary and Secondary Roofs. Item 19.1 [D]: Clarify that the Roof Design standards in the R-6 Zone apply equally to detached single-family and middle housing dwellings. Division 46 provides cities with some flexibility to modify their design standards for middle housing, as long as the regulations are not more restrictive than those that apply to single-family detached homes. City Council provided general direction to staff to apply the existing building design standards for single-family housing to duplexes,triplexes, quadplexes, and townhouse projects; and to apply any design standards that apply to detached single-family housing to cottage cluster dwellings as long as they do not conflict with the Model Code. This amendment clarifies that the roof design standards in the R-6 Zone will also apply to all middle housing types, as permitted pursuant to the minimum compliance provisions. LU 22-0007-Middle Housing Code Amendments Page 73/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Figure 50.06.001-J: Identification of Primary and Secondary Roofs PRIMARY • SECONDARY : x 1 • till • tx, 4 kill III 64\ ii. Roof pitch on an accessory structure shall either match the pitch of the primary structure or be a minimum pitch of 6:12. b. Front Porch Required i. All new primary structuresdwcllings shall include a covered front porch in front of every primary entrance into to a living area that does not face an alley. When applied to cottage clusters, this standard applies to cottages within a cottage cluster for which there are no other structures between it and the front lot line. ii. at the main entry that h -3Each porch must have a minimum depth of six ft. and a cumulative minimum width of either 50%of the building width, as measured within 40 ft. of the front lot line, or 15 ft., whichever is greater. See Figure 50.06.001-K: Minimum Front Porch Width. iii. On corner lots,the at least one covered front porch and main entry shall be provided on the narrow street frontage. On lots with more than two street frontages, the at least one front porch a-Fie entry-shall be provided on the front yard providing the full depth required by the zone, as determined by LOC 50.04.003.6. iv++. Porch supports shall be provided on the front porch and shall be wood or masonry or a solid material with the appearance of wood or masonry. iv. A pedestrian front entry-path shall provide direct access from the each front porch to the public street/sidewalk. On corner lots, the front entrypedestrian path shall connect to the public street/sidewalk on the narrow street frontage. LU 22-0007—Middle Housing Code Amendments Page 74/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Item 20 [D]: Modify front porch design standards in the R-6 Zone to no longer scale by the number of dwelling units. As mentioned above under Item 4 [0],the minimum compliance provisions of Division 46 require that cities apply the same clear and objective design standards that the Large City applies to detached single-family structures in the same zone to middle housing. Design standards for middle housing may not "scale by the number of dwelling units or other features that scale with the number of dwelling units, such as primary entrances." Division 46 further specifies that, "Design standards may scale with form-based attributes, including but not limited to floor area, street-facing facade, height, bulk, and scale." Because the front porch design standards in the R-6 Zone currently are written to require front porches for every dwelling unit, it is necessary to modify the standard to no longer apply on a per-dwelling basis.This amendment specifies that the front porch design standards in the R-6 Zone will now require a covered front porch in front of every primary entrance into to a living area that faces a street,which is permitted under Division 46 since it does not scale the applicability of the standard by the number of dwelling units. Staff further recommends revisiting front porch standards in the R-6 Zone at a later date, including engaging in appropriate public outreach with the First Addition-Forest Hills Neighborhood Association,to ensure that the standards do not result in overly long or otherwise undesirable front porch design outcomes. //// c. Alleys Alleys shall be surfaced in the following manner: i. Alleys that serve single-family or duplex residences only shall be paved with gravel or permeable material. ii. Alleys that serve commercial, multi-family dwelling,townhouse, rowhouse, triplex, quadplex, or duplex cotta&e cluster development, major public facilities structures, or institutional uses shall be paved with asphalt or concrete. Item 21 [D]: Clarify that alley surfacing standards in the R-6 Zone apply equally to single-family dwellings and duplexes, and that alley surfacing standards for other middle housing types are applied differently for the purposes of this standard. Division 46 stipulates that cities that provide exceptions to public works standards to detached single-family dwellings must provide the same exceptions to duplexes. Because the alley surfacing standards in the R-6 Zone are considered a public works standard, in this case they must apply equally to single-family detached dwellings and duplexes.This amendment clarifies that the alley surfacing standards for single-family dwellings apply to duplexes, and that different standards apply to other middle housing types. LU 22-0007—Middle Housing Code Amendments Page 75/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft //// 4. GARAGE APPEARANCE AND LOCATION a. R-0, R-2, R-3, R-5, R-7.5, R-10, and R-15 Residential Zones The following standards for garage appearance and location shall be applicable: i. Applicability Limited to Dwelling Type in the R-0, R-2, R-3 and R-5 Zones. The garage appearance and location standards of this section shall apply to the following types of development: (1) Detached single-family dwellings; and (2) Zcro lot linc dwcllings Middle housing. d {3) Duplcxcsi. Item 22.1 [D]: Clarify that garage appearance and location standards apply equally to detached single-family and middle housing dwellings. Division 46 provides cities with some flexibility to modify their design standards for middle housing, as long as the regulations are not more restrictive than those that apply to single-family detached homes. City Council provided general direction to staff to apply the existing building design standards for single-family housing to duplexes,triplexes, quadplexes, and townhouse projects; and to apply any design standards that apply to detached single-family housing to cottage cluster dwellings as long as they do not conflict with the Model Code. This amendment clarifies that garage appearance and location standards will also apply to all middle housing types, as permitted pursuant to the minimum compliance provisions. ii. Garage Wall Facing Street When a garage has wall(s) other than the wall containing the garage opening facing a street,these wall(s) shall have more than one plane or shall include fenestration equal to at least 10%of the garage wall. Item 33 [D]: Clarify that the garage wall facing street standard does not apply to garage walls containing the garage opening, as these are now addressed within the new garage appearance and location standards. This amendment is necessary in order to clarify the applicability of the new garage appearance and location standards, discussed in Item 23.2 [D], below. LU 22-0007—Middle Housing Code Amendments Page 76/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft iii. Garage Design Requirements Due to Location The standards in subsection 4.a.iv of this section shall not apply in any one of the following circumstances: (1) The garage is 20 ft. or more back from: (a) The point of the dwelling closest to the front lot line, and (b) If applicable,the point of the dwelling closest to the street side yard line; (2) The garage is side-loading; (3) The garage is rear-loading; (4) The lot is a steeply sloped lot; 45) The width of a parcel is Isrr than SO ft.; _or (651 The garage is proposed to be set back at least 60 ft.from the public right-of-way. Item 24 [D]:Apply garage appearance and location standards to parcels less than 50 feet in width. While staff was given direction to apply the same design standards that currently apply to detached single-family dwellings to middle housing, City Council also acknowledged that some of these standards needed to be modified to apply to middle housing in order to ensure consistency with the City's existing neighborhood character, livability, and sense of place. In particular, a concern was expressed that more visually-prominent garages could be a potential design outcome of allowing middle housing given that a triplex, quadplex, or townhome building is likely to be built with more garage stalls than a single-family house or duplex. In order to discourage overly prominent garages that are incompatible with community character, City Council directed staff to enhance existing single-family garage appearance standards to better address the negative visual impacts of front-facing garages and driveways. The existing code exempts lots less than 50 feet in width from being subject to the garage standards. Because townhouses will commonly be permitted on lots of less than 50 feet in width, it is necessary to remove the exemption to the standards for front-facing garages for lots less than 50 feet in width to ensure they are applicable to townhouses. City Council concurred with staff's recommendation to draft code amendments that would apply standards to garages on lots that are narrower than 50 feet. Staff notes that,while this amendment is intended to address garages for middle housing dwellings, it will also apply to detached single-family dwellings. See Item 23.2 [D], below,for more on the proposed amendments to garage appearance and location standards. LU 22-0007—Middle Housing Code Amendments Page 77/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Figure 50.06.001-L:Garage Design Requirements • 111 is,E outdoor Teeing area tiMli ...-.. woad or stone - operable gate fencing (hi 11 - outdoor Elting area woad or stone IOLA 'parable fencing LU 22-0007—Middle Housing Code Amendments Page 78/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft iv. Garage Location and Appearance—Standards The garage shall comply with subsections 4.a.iv(1)through (3) of this section: (1) Maximum Garage Width (a) For lots with a width of 50 ft. or more, garage openings shall not occupy more than 60%of the width of the combined facade of the dwelling and garage. (b) For lots with a width of less than 50 ft.,garage openings may occupy up to 75%of the width of the front facade of the dwelling and garage when the following criteria are satisfied: (i) The total combined width of all garage openings does not exceed 36 ft.: (ii) 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 (iii) The garage location and appearance standards in Table 50.06.001-2, below. TABLE 50.06.001-2: GARAGE LOCATION AND APPEARANCE STANDARDS Width of Garage as Percent of Front Minimum Garage Setback Minimum Number of Garage Facade 50.06.001.4.a.iv.2 Appearance Standards 50.06.001.4.a.iv.3 Less than 30% None 2 30%to 60% 2 feet 3 60%to 75% 4 feet 4 LU 22-0007—Middle Housing Code Amendments Page 79/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Item 23.2 [D]: Modify garage width standards to scale based on the width of the garage relative to the facade. Remove existing additional garage appearance standards for consistency with the new garage appearance section, below, where many of the same standards have been repeated. Modify Figure 50.06.001-L: Garage Design Requirements to reflect that an 88-foot minimum lot width is no longer required for the garage location and appearance standards to apply. While staff was given direction to apply the same design standards that currently apply to detached single-family dwellings to middle housing, City Council also acknowledged that some of these standards needed to be modified to apply to middle housing in order to ensure consistency with the City's existing neighborhood character, livability, and sense of place. In particular, a concern was expressed that more visually-prominent garages could be a potential design outcome of allowing middle housing given that a triplex, quadplex, or townhome building is likely to be built with more garage stalls than a single-family house or duplex. In order to discourage overly prominent garages that are incompatible with community character, City Council directed staff to enhance existing single-family garage appearance standards to better address the negative visual impacts of front-facing garages and driveways. The Planning Commission explored options available within the existing design standards to minimize the appearance of a garage; the Commission directed staff to draft code that would achieve the following: • Require garage recessing, as opposed to simply offering it as one available option for compliance; • Allow exceptions to increase the width of a garage to 75%only for lots that are narrower than 50 feet, and continue to limit the overall width of garages to less than 60%of the width of the front façade for lots wider than 50 feet; In order to further minimize the prominence of garages in the context of middle housing while balancing the need for flexibility,the Commission also directed staff to apply existing garage design standards differently based on the width of the garage as a percentage of the front façade.The proposed approach scales these standards based on the width of the garage relative to the facade; the key concept is that if the garage makes up a larger portion of the front façade,then more techniques and treatments must be used to minimize the appearance of the garage from the street. The new table above (Table 50.06.001-2) is intended to implement this concept while also incorporating other amendments to garage appearance and location standards described above. Staff notes that,while this amendment is intended to address garages for middle housing dwellings, it will also apply to detached single-family dwellings. (12) Dw^1°ng S hall Q^Clo cr to the StFeetMinimum Garage Offset from Dwelling (a) If the width of the garage is less than 30%of the width of the front facade of the dwelling,then Thethe garage shall not be located closer to the street than the dwelling. For the purpose of meeting this subsection, the exterior wall of at least one room of habitable LU 22-0007—Middle Housing Code Amendments Page 80/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft 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, R-7.5, R-10, and R-15 zones, and July 1, 2010, in the R-0, R-2, and R-3 zones. (b) If the width of the garage exceeds 30%of the width of the front facade of the building, then the garage must set back further from the front lot line than the dwelling.The minimum additional garage setback is provided in Table 50.06.001-2. Item 23.1 [D]: Modify garage setback standards to scale based on the width of the garage relative to the façade. See Item 23.2 [D], above. _{2) Garage Width 4a) Tho garage elevati:n zhall not occupy more than 60%of the width of the combined facade of the dwelling and garage; or (b) For duplexes and zero lot line dwrllin�, ;ar gos may occupy up to 75%of the width of the front facade of the dwelling and garage when the following criteria arc satisfied: Tho 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 arc located is less than 88 ft.; and(ii) Tho total combined width of iI garage doors does not exceed 36 ft.; and Living area is provided above the garage.The front facade of the living area •rnLxt have fenestration that nat-4ccc than 20%of the facade; and _(iv) One or more of the following is provided: 1, Porgolas or trslli c o provided acre c the a'ntiro front of the garage; or 2. A covered porch occupies at least 25%of the facade; or 3. nn enclosed (.,,+door living� s located bet..wen the Front of the house,the garage, ani thi Ic.410ic right of way.The enclosure shall consist of wood, wrought iron, brick, stucco, stone, or other masonry fencing (excluding concrete block) and include an operable entryway getis shown in Figure 50.06.001 L: CLN-�u Dosign Requirements; and LU 22-0007—Middle Housing Code Amendments Page 81/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Item 23.2 [D]: Modify garage width standards to scale based on the width of the garage relative to the façade. This amendment removes the existing garage width standards for consistency with the new garage appearance section, above,where many of the same garage width standards have been repeated. See Item 23.2 [D], above. (c) If the garages for the units are adjacent to one another,the horizontal planes of the garage doors shall be offset no less than two ft. (34) Garage Appearance Standards Garages shall comply with at least two a minimum number of the following appearance standards intended to minimize the appearance of the garage. The minimum number of appearance standards that must be met is provided in Table 50.06.001-2.{e) Sot the garage an additional two ft. further from the front property line than the facade of the dwelling; (ha) Provide individual garage doors, not to exceed 75 sq. ft. each,for each parking stall. (b) Provide individual garage doors that do not exceed 50%of the width of the combined facade of the dwellings and garages, or in the case of duplexes and zero lot line dwellings, 50%of the width of the combined facade of the dwellings and garages. 0 back at least two ft.further from the front property line Oar.tbtc facade of the other garage opening; (b) Provide separate garage openings offset from one another by at least two ft horizontally. cc) Provide windows on each garage door that make up a minimum of 15%of the area of the door. (d) Provide a decorative trellis, pergola,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 in. deep and six ft. tall. (d) Provide earace opcnincs offset from one another by at least two ft horizontal ly ter. {e) Provide a covered porch that occupies at least 25%of the combined facade of the dwelling and garage. {f) Provide a patio with a surrounding screening wall at a height of 4 ft. located between the front of the house,the garage, and the public right-of-way.The enclosure shall consist of wood, wrought iron, brick, stucco, stone, or other masonry fencing LU 22-0007—Middle Housing Code Amendments Page 82/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft (excluding concrete block)and include an operable entryway gate as shown in Figure 50.06.001-L: Garage Design Requirements. Item 23.3 [D]: Modify garage appearance standards to scale based on the width of the garage relative to the façade. This amendment is necessary in order to clarify the applicability of the new garage appearance and location standards, discussed in Item 23.2 [D], above. v. Multiple Garage Opening Setbacks In any instance where a garage or a set of adjacent garages is designed to park three or more vehicles, only the garage openings for the first two vehicles may occupy the same building plane. Each additional building plane with a garage opening shall be set back by a minimum of two ft. from the previous garage building plane. Exceptions: (1) The lot is a steeply sloped lot; (2) The width of a parcel is less than 50 ft.; or (3) The garage is proposed to be set back at least 60 ft. from the public right-of-way. b. R-6 Residential Zones In addition to compliance with the accessory structure setback requirements in LOC 50.04.001.2, a garage shall comply with the following requirements: i. Access (1) Garages shall be accessed from an alley, if available. (2) 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: (a) The garage is located between the primary structure and the alley, if an alley abuts the lot; (b) The garage is set back a minimum of 15 ft. from the side street property line; and (c) The garage is set back a minimum of two ft. from a line extended from the side elevation of the primary dwelling to the rear lot line, and behind the primary structure. See Figure 50.06.001-M: Front Porch and Garage Measurements. LU 22-0007—Middle Housing Code Amendments Page 83/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Figure 50.06.001-M: Front Porch and Garage Measurements AVENUE f 5 PLC RI1T OF WAY 15 NEW lllKIit OFYNU � I ISH S • I 7.5" rn frur� I 7_5'> : mH ii. Garage Wall Facing Street When a garage has wall(s) facing a street other than the wall containing the garage opening, these wall(s) shall have more than one plane or shall include fenestration equal to at least 10%of the garage wall. iii. LesatienGarage Width (1) For interior lots, garages shall be located so that the garage is set back a minimum of 15 ft. behind the front yard setback line of the house (excluding a porch). See Figure 50.06.001-M: Front Porch and Garage Measurements. (2) Where no alley access is available,the garage shall comply with the following stand ardscithcr: (a) For lots with a width of 50 ft. or more,the garage opening shall not°Occupy+ temore than 60%of the width of the combined facade of the dwelling and garage_ (b) For lots with a width of less than 50 ft.zero lot line dwellings, garages may either comply with r' hccction 4.b.ii(1) of this section or may occupy up to 75%of the width of the combined front facade of the dwelling and garage when the following criteria are satisfied: {i) Tho combined total lot width for the two lots upon which the zero lot line dw lling; arc located is Lev.than 44 ft.; and (i+) The total combined width of all garage doors does not exceed 36 ft.; and LU 22-0007—Middle Housing Code Amendments Page 84/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft (iii) 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 a+id. {iv) One or more of the following c provided: {A) Pergolas or trcllivAzz�ars avidcd av cac thz ontire front of the garage, or {B) A covered porch that occupies at I ast 25% of the facade. Item 23.5 [D]: Modify garage location standards in the R-6 Zone to scale based on the width of the garage relative to the façade This amendment is necessary in order to clarify the applicability of the new garage appearance and location standards within the R-6 Zone. See Item 23.2 [D], above. (c) If the garages for the units are adjacent to one another,the horizontal planes of the garage doors shall be offset no less than two ft. Garage Wall Facing Street When a gams hay wall(s)facing a street other than the\v-a evntaininr the garage opcn'snfi, thwr wall(z) mina i"no plane er tha l include fenestration equal to at I ast 10%of the garage wall. iv. Garage Location and Appearance (1) Minimum Garage Offset from Dwelling (a) If the width of the garage is less than 30%of the width of the front facade of the dwelling, then the garage shall not be located closer to the street than the dwelling. For the purpose of meeting this subsection,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 proiects involving homes built prior to [insert month and year of the effective date of this Ord.l. (b) If the width of the garage exceeds 30%of the width of the front facade of the building, then the garage must set back further from the front lot line than the dwelling. The minimum additional garage setback is provided in Table 50.06.001-2. Item 23.7 [D]: Modify garage setback standards in the R-6 Zone to scale based on the width of the garage relative to the façade. This amendment is necessary in order to clarify the applicability of the new garage appearance and location standards within the R-6 Zone. See Item 23.2 [D], above. (2) Garage Appearance Standards LU 22-0007—Middle Housing Code Amendments Page 85/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Garages shall comply with a minimum number of the following appearance standards intended to minimize the appearance of the garage.The minimum number of appearance standards that must be met is provided in Table 50.06.001-2. Ja) Provide individual garage doors, not to exceed 75 so. ft. each,for each parking stall. Jb) Provide separate garage openings offset from one another by at least two ft horizontally. f c) Provide windows on each garage door that make up a minimum of 15%of the area of the door. Jd) Provide a decorative trellis, pergola, 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 in. deep and six ft. tall. f e) Provide a covered porch that occupies at least 25%of the combined facade of the dwelling and garage. In Provide a patio with a surrounding screening wall at a height of 4 ft. located between the front of the house,the garage, and the public right-of-way.The enclosure shall consist of wood, wrought iron, brick, stucco, stone, or other masonry fencing (excluding concrete block)and include an operable entryway gate as shown in Figure 50.06.001-L: Garage Design Requirements. Item 23.8 [D]: Modify garage appearance standards in the R-6 Zone to scale based on the width of the garage relative to the facade. This amendment is necessary in order to clarify the applicability of the new garage appearance and location standards within the R-6 Zone. See Item 23.2 [D], above. //// LU 22-0007—Middle Housing Code Amendments Page 86/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft 50.06.002 PARKING //// 2. STANDARDS FOR APPROVAL a. Vehicle Parking //// ii. Number of Required Parking Spaces The number of required parking spaces under this Article shall be determined by either the Numerical Method (subsection 2.a.ii(1) of this section) or the Parking Study Method (subsection 2.a.ii(2) of this section). (1) Numerical Method Refer to Tables 50.06.002-1, 50.06.002-3 and 50.06.002-4 to determine the number of parking spaces required.The minimum number of parking spaces specified for each type of use shall include reductions to parking requirements pursuant to subsection 2.a.v(1) of this section and Table 50.06.002-3. — ABLE 50.06.002-1: NUMERICAL METHOD OF DETERMINING MINIMUM PARKING SPACES REQUIRED Determine: Method of Determining: Floor Area Amount From Table 50.06.002-3, determine if floor area is used to calculate the number of parking spaces required for the use(s). (Floor Area per Parking Space) Number of Employees Determine number of full-time,temporary, part-time and contract employees, or independent contractors, if employee count is used in Table 50.06.002-3 to calculate the number of parking spaces required. (Employee Per Space amount) Gross Parking Requirement 1. Multiply the adjusted Floor Area Amount by the Floor Area per Parking Space. 2. Multiply the Number of Employees by the Employee Per Space amount. 3.Add the results of(1) and (2) above together. Reductions 1. See Table 50.06.002-4 for possible reductions. 2.Apply reduction percentages to Gross LU 22-0007—Middle Housing Code Amendments Page 87/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft r TABLE 50.06.002-1: NUMERICAL METHOD OF DETERMINING MINIMUM PARKING SPACES REQUIRED J Determine: Method of Determining: Parking Requirement. Mixed Uses The total requirements for mixed uses on a site shall be the sum for the various uses computed separately. Rounding Any fractional space amount determined following the application of Reductions and Mixed Uses above shall be rounded up to the next highest whole space. Minimum Parking Requirement The minimum parking requirement is the "rounded" number above. //// Type of Use Parking Space Required [1] //// (A) RESIDENTIAL 1. Single-family dwelling and middle housineduplcx 1 space per dwelling unit 2.Accessory dwelling unit None (ORS 197.312(5)(b)) 3. Multi-family 25%of the required parking for multi-family use shall be located to provide for common or visitor use i. Studio/efficiency 1 space per unit ii. 1 bedroom 1.25 spaces per unit iii. 2 or more bedrooms 1.5 spaces per unit 4. Rooming and boarding house; bed and breakfast 1 space per each guest room plus 1 for owner //// [1] Gross floor area does not include any parking area. //// LU 22-0007—Middle Housing Code Amendments Page 88/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Item 25 [D]: Modify general off-street parking requirements to permit one space per unit for middle housing. The minimum compliance provisions in Division 46 do not allow cities to require more than one parking space per dwelling unit for middle housing.This amendment clarifies that the existing off-street parking requirement for detached single-family dwellings and duplexes of one off-street parking space per dwelling unit will also apply to middle housing, in order to comply with Division 46. //// vi. Parking Dimensions //// (2) The minimum dimension to meet single-family and middle housing residential parking space requirements shall be eight ft. six in.wide and 18 ft. six in. long for each space. Item 26 [D]: Modify parking dimensions standards to apply equally to single-family and middle housing. This is required pursuant to Division 46,which generally requires that detached single-family and middle housing dwellings be subject to the same regulations. //// LU 22-0007—Middle Housing Code Amendments Page 89/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft 50.06.003 CIRCULATION AND CONNECTIVITY 1. ACCESS/ACCESS LANES(FLAG LOTS) //// d. Standards for Access Lanes Access lanes shall meet the following minimum standards: i. Twenty-ft.-wide easement. ii. Access to two to three dwelling unitslots—12 ft. of pavement with a four-ft. shoulder on each side. Item 30.1 (D]: Specify that access lanes are permitted to serve two to three lots with the Standards for Access Lanes, consistent with other definitions of"access lane" in the code.This also entails removing the existing limitation on the number of dwelling units that can be served by an access lane. Division 46 stipulates that cities that provide exceptions to public works standards to detached single-family dwellings must provide the same exceptions to duplexes. Because the provision of flag lots and an access lane can be provided as an exception to street frontage requirements, which relates to a public works standard, in this case the flag lot and access lane standards must apply equally to single-family detached dwellings and duplexes.They do not, however, need to apply to other middle housing types. This amendment removes the existing limitation on the number of dwelling units that may be served by an access lane, and replaces it with a limitation of two to three lots, in order to ensure compliance with Division 46. Item 31 [D], below,further specifies that access lanes can only serve lots improved with detached single-family or duplex dwellings. iii. One standard "on-lane" parking space shall be provided for each flag lot served by an access lane.This parking space may be used to meet minimum off-street parking requirements for detached single-family and duplex dwellings on flag lots served by the access lane. LU 22-0007—Middle Housing Code Amendments Page 90/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Item 27 [D]: Specify that on-lane parking spaces located on an access lane may be used to meet minimum parking requirements for flag lots served by the access lane. The minimum compliance provisions in Division 46 do not allow cities to require more than one parking space per dwelling unit for middle housing.This amendment clarifies that any"on-lane" parking spaces required along the access lane for each flag lot served by an access lane must also be allowed to count towards the minimum parking requirements for any dwellings served by the access lane. While this amendment is necessary in order to reach compliance with Division 46, staff notes that the requirement for an "on-lane" parking space for all flag lots may be worth renewed consideration in the future. Considering that the applicability of the standard is now modified,the requirement may now provide an incentive for more cars to be parked along the access lane—as opposed to on an individual lot. iv. Access lanes shall only serve lots improved with detached single-family or duplex dwellings. Item 31 [D]: Specify that duplexes must be permitted on flag lots served by an access lane, but not other middle housing types. As discussed above under Item 30 [D], Division 46 stipulates that cities that provide exceptions to public works standards to detached single-family dwellings must provide the same exceptions to duplexes. Because the provision of flag lots and an access lane can be provided as an exception to street frontage requirements, which relates to a public works standard, in this case the flag lot and access lane standards must apply equally to single-family detached dwellings and duplexes.They do not, however, need to apply to other middle housing types. Consistent with these minimum compliance provisions,this amendment specifies that access lanes can only serve lots improved with detached single-family or duplex dwellings. //// 2. ON-SITE CIRCULATION—DRIVEWAYS AND FIRE ACCESS ROADS a. Applicability This section is applicable to all development proposing a new use or an increased use on a site when the development will result in the construction of or the increased use of private streets, driveways, or parking lot aisles. Increased use shall be defined as an increase in trip generation or parking requirement. b. Standards for Approval i. Driveway Approaches—Locational Limitations and Restrictions //// LU 22-0007—Middle Housing Code Amendments Page 91/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft (5) The maximum width of a driveway approach, measured where the edges of the driveway meet the right-of-way, shall be governed as follows: (a) Single-family residential or middle housing dwelling with garage door(s)facing the street: 12 ft. per garage or carport stall, or surface parking space, but not to exceed 30 ft. (b) Single-family residential or middle housing dwelling with side-loading garage: 24 ft. Item 22.2 [D]: Clarify that driveway width limitations apply equally to detached single-family and middle housing dwellings in applicable zones. See Item 22.1 [D], above. (c) All other uses: 24 ft. unless otherwise justified by the recommendations of a traffic study. (6) The driveway approach shall be within the right-of-way bounded by the extension of the lot's side or street side lot lines. ii. Driveway Widths Driveways shall conform to the minimum width requirements of LOC 15.06.610 (Oregon Fire Code Adopted) and LOC 50.06.002, Parking. For lots less than 50 ft. wide, driveways on the lot may be no wider than the garage opening accessed from the driveway. Item 28 [D]: Limit the width of driveways on lots less than 50 ft. in width to no wider than the associated garage opening. Applying existing driveway standards to a townhouse project could inadvertently allow driveway approaches that are wider than the width of the garage(s) for a townhouse unit.To address this issue, City Council directed staff to place a limit on the width of driveways on smaller lots; agreeing with staff's recommendation to amend the driveway standards to limit the width of driveways on lots less than 50 ft. in width to no wider than the associated garage opening. iii. Driveway Grades (1) The maximum grade of a driveway serving one single family structure shall be 20%. If the grade exceed S ,Jhon the residenco mutt ao provided with alternative methods for fire suppression, i.o.,-r rinklcring.shall comply with LOC 15.06.610 (Oregon Fire Code Adopted). _(-2) Tho maximum grade of a driveway for all other 15%. (23) For all uses except single-family or middle housing dwellings structures of fc'.ir ►initc 9-p less,there shall be a landing area where a driveway used by multiple drivers meets the public street.The landing area shall be a minimum of 25 ft. long and shall have a maximum grade of 5%.The length and grade of the landing area described in this subsection presupposes that the abutting street has been fully improved to its ultimate anticipated width. If a driveway is proposed on a street that is not fully improved, and the development proposal is anticipated to LU 22-0007—Middle Housing Code Amendments Page 92/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft proceed prior to the improvement of the street,the City Engineer shall determine the location and grade of the future street improvement and the applicant shall design the driveway and site grading so that this standard will not be compromised when the street is improved in the future. Item 22.3 [D]: Clarify that driveway grades standards apply equally to detached single-family and middle housing dwellings in applicable zones. This is required pursuant to the minimum compliance provisions of Division 46, which generally requires that detached single-family and middle housing dwellings be subject to the same regulations. //// c. Standards for Construction //// vi. All driveways shall be paved with a material that does not generate dust. Hard pavement is required except in the following circumstances: (1) Low-use driveways, such as one serving a parking area for recreational vehicles, boat trailers, or access to a storage building or storage area. (2) Where a driveway grade changes less than 10%from the street to the parking area serving a single-family residence or duplex. Item 29 [D]:Apply the exception from the hard pavement requirement for driveways equally to duplexes and single-family residences. As discussed above under Item 30 [D], Division 46 stipulates that cities that provide exceptions to public works standards to detached single-family dwellings must provide the same exceptions to duplexes. Because the exception from the hard pavement requirement for driveways can be considered an exception from a public works standard, in this case the hard pavement requirement for driveways must apply equally to single-family detached dwellings and duplexes.The requirement does not, however, need to apply to other middle housing types. Consistent with these minimum compliance provisions,this amendment specifies that the hard pavement requirement for driveways applies equally to duplexes and single-family residences //// LU 22-0007—Middle Housing Code Amendments Page 93/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft 3. ON-SITE CIRCULATION—BIKEWAYS,WALKWAY,AND ACCESSWAYS a. Applicability This section is applicable to all subdivisions and to all minor and major development involving the construction of a new structure other than a detached single-family dwelling, duplex, middle housing dwelling,, or accessory structures.This section is also applicable to modifications which increase the square footage of commercial, industrial, public use or institutional buildings by more than 10%. For the purposes of this section, an "existing building" is a building as it exists on February 19, 1998. Item 19.2 [D]: Clarify that standards for On-Site Circulation—Bikeways, Walkway, and Accessways apply equally to detached single-family and middle housing dwellings. See Item 19.1 [D], above. //// 4. STREET CONNECTIVITY a. Applicability This section is applicable to: i. Any development that results in the construction of a street; or ii. A land division that: (1) Is located on a parcel or parcels of vacant or redevelopable land of 1.75 acres or more, or (2) Abuts a parcel upon which there is a street that has been "stubbed"to the proposed development site. iii. Construction of a detached single-family dwelling,duplex, middle housing dwelling, zero lot line dwelling, multi-family dwelling, commercial, industrial, institutional, or public function structure that: (1) Is located on a parcel or parcels of vacant or redevelopable land of 1.75 acres or more, or (2) Abuts a parcel upon which there is a street that has been "stubbed"to the proposed development site. This section is not applicable to development or construction in the FMU zone. Item 19.3 [D]: Clarify that standards for Street Connectivity apply equally to detached single-family and middle housing dwellings. See Item 19.1 [D], above. LU 22-0007—Middle Housing Code Amendments Page 94/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft //// c. Standards for Approval of Development Which Requires the Construction of a Street //// v. Access lanes may be used to serve up to three dwelling unitslots. Item 30.2 [D]: Specify that access lanes are permitted to serve two to three lots in the Standards for Approval of Development Which Requires the Construction of a Street, consistent with other definitions of"access lane" in the code.This also entails removing the existing limitation on the number of dwelling units that can be served by an access lane. See Item 30.1 [D], above. 5. TRANSIT SYSTEM a. Applicability This standard is applicable to all new subdivisions, planned developments, multi-family residential developments of four unit, or more, and new commercial, institutional and industrial developments, and major public facility structures located on a transit street or within one-quarter mile of a transit street. Item 19.4 [D]: Clarify that Transit System standards do not apply to either detached single-family or middle housing dwellings. See Item 19.1 [D], above. LU 22-0007—Middle Housing Code Amendments Page 95/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft 50.06.004 SITE DESIGN //// c. Standards for Installation and Construction //// iii. Except for single-family residential dwellings and middle housing developments that require street trees, all planting shall have an irrigation system installed to meet standards of Turf Irrigation Manual, current edition, unless the applicant can demonstrate to the satisfaction of the reviewing authority that such system is not necessary. Item 19.5 [D]: Clarify that standards for the installation and construction of site design elements apply equally to detached single-family and middle housing dwellings. See Item 19.1 [D], above. ///// LU 22-0007—Middle Housing Code Amendments Page 96/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft 50.06.007 SOLAR ACCESS 1. SOLAR ACCESS FOR NEW DEVELOPMENT //// b. Applicability The solar design standard in LOC 50.06.007.1.c shall apply to subdivision applications that create lots intended for single-family detached dwellings or middle housing dwellings in any zone, except to the extent the reviewing authority finds that the applicant has shown one or more of the conditions listed in LOC 50.04.004.1, Exemptions from Solar Design Standard, and LOC 50.04.004.2,Adjustments to Solar Design Standard, exist and exemptions or adjustments provided for therein are warranted. Item 19.6 [D]: Clarify that solar access standards apply equally to detached single-family and middle housing dwellings. See Item 19.1 [D], above. ///// LU 22-0007—Middle Housing Code Amendments Page 97/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft 50.07.003 REVIEW PROCEDURES ///// 13. MINISTERIAL DEVELOPMENT DECISIONS a. Ministerial Development Classification i. Requirements of Ministerial Decisions A ministerial development is a development which requires a permit or review from the City where the decision: (1) Is made pursuant to land use standards which do not require interpretation or the exercise of policy or legal judgment; (2) Approves or denies a building permit issued under clear and objective land use standards; or (3) Determines final engineering design, construction, operation, maintenance, repair or preservation of a transportation facility which is otherwise authorized by and consistent with the Comprehensive Plan and land use regulations. ii. Ministerial Development Types (1) Exterior modification of single-family detached dwellings (including exterior modifications that reduce setbacks pursuant to LOC 50.04.003.3.c), accessory dwelling units,-a- single duplex on a lots or zero lot line dwellings, or middle housing, or modification of an accessory structure in the R-DD zone. (2) Construction or exterior modification of a detached single-family dwelling, accessory dwelling unit, middle housing,o single duplex on a lot, zero lot line dwelling or a structure accessory to such structures which: Item 12.2 [G]: Remove code references to "dwelling, zero lot line"within the Ministerial Development Classification section. See Item 12.1 [G], above. Item 1.2 ER]: Specify that middle housing development will be a ministerial decision within the Ministerial Development Classification section. See Item 1.1 [R], above. (a) Is not processed through the residential infill design review process pursuant to LOC 50.08.003.2.e; (b) Is not located within a delineated RP resource, RC protection area, or HBA protection area pursuant to LOC 50.05.010, Sensitive Lands Overlay Districts; (c) Does not impact a historic landmark designated pursuant to LOC 50.06.009; (d) Is not located within a Historic District; LU 22-0007—Middle Housing Code Amendments Page 98/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft (e) Does not change the nature of the use or occupancy classification to a use that does not qualify as a permitted use in the zone or as an approved conditional use; (f) Does not require special design review by the zone, design district, prior development approval or Overall Development Plan and Schedule (ODPS)for the development in which the subject property is located; or (g) Is not located in the Greenway Management Overlay District, as identified in LOC 50.05.009. (h) Is not middle housing located in a Commercial, Industrial or Mixed Use Zone, as identified in LOC 50.02.002.1. Item 2.1 [R]: Specify that middle housing development in Commercial, Industrial and Mixed Use Districts is not classified as ministerial development. As mentioned above under Item 1.1 [R],the minimum compliance provisions of Division 46 stipulate that middle housing must be subject to the same approval processes as single-family detached dwellings in the same zone. Because Division 46 does not require that middle housing be allowed within commercial, industrial, or mixed-use districts, it is not necessary to process middle housing applications in those districts as ministerial development. This amendment clarifies that middle housing in commercial, industrial, and mixed-use zones will continue to be considered minor development. (g) Is not middle housing located in a Special Purpose Zone, as identified in LOC 50.02.002.3. Item 2.2 [R]: Specify that middle housing development in Special Purpose Districts is not classified as ministerial development. Because Division 46 does not require that middle housing be allowed within special purpose zones, it is not necessary to process middle housing applications in those zones as ministerial development. This amendment clarifies that middle housing in special purpose zones will continue to be considered minor development, pursuant to the minimum compliance provisions of Division 46. (3) Exterior modification of a structure other than a detached single-family dwelling, accessory dwelling unit, duplex, zero lot line dwelling, middle housing, or structure accessory to such structures which: (a) Does not increase building footprint or height, except if the increase in building height is required to comply with Building or Fire Codes and does not substantially modify any street-facing facade, or the increase in building footprint is 100 sq.ft. or less and does not substantially modify any street-facing facade; or LU 22-0007—Middle Housing Code Amendments Page 99/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft (b) Does not modify, either by itself or cumulatively with prior modifications after December 1, 2011, more than 25%of the facade, as the facade existed on December 1, 2011, excluding in both cases a change of color of the facade; or (c) If the property abuts property zoned for residential use, does not modify any portion of the facade visible from the residentially zoned property; or (d) Does not modify any facade, including change of color of facade, for a building that was the subject of a prior development review approval ("change of color" occurs when the new color is not within the shades or tones of the approved color); or (e) Does not result in additional illumination of the facade, including accent lighting,for a building that was the subject of a prior development review approval; and (f) Complies with subsections a.ii(2)(a)through (f) of this section. Item 12.2 [G]: Remove code references to "dwelling, zero lot line"within the Ministerial Development Classification section. See Item 12.1 [G], above. Item 1.2 [R]: Specify that middle housing development will be a ministerial decision within the Ministerial Development Classification section. See Item 1.1 [R], above. //// e. Review and Decision i. Decision-Making Authority Ministerial development applications shall be reviewed and approved by the City Manager. ii. Review Criteria for Ministerial Developments A ministerial development shall comply with the requirements of the zone, including overlay zones, in which the subject lot or parcel is located, the Stormwater Management Code (LOC Article 38.25) and shall comply with the following sections of the development standards: (1) Parking, LOC 50.06.002. (2) Hillside Protection, LOC 50.06.006.2. (3) On-Site Circulation—Driveways and Fire Access Roads, LOC 50.06.003.2. (4) If the ministerial development involves placement of a manufactured home, Manufactured Homes, LOC 50.03.003.1.b. (5) Building Design Standard, LOC 50.06.001.5.b.viii (mechanical equipment screening). (6) Weak Foundation Soils, LOC 50.06.006.1,for construction of structures where the requirements of LOC 50.06.006.1 have not been previously addressed for the development site. LU 22-0007—Middle Housing Code Amendments Page 100/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft (7) If located in the Flood Management Area, LOC 50.05.011. (8) Building Design Standard, LOC 50.06.001.2—4, for construction or exterior modification of a detached single-family dwelling, a single duplex on a lot, zero lot line, middle housing- dwelling, or a structure accessory to such structures. Item 1.3 [R]: Specify that middle housing development will be a ministerial decision within the Review Criteria for Ministerial Development section. See Item 1.1 [R], above. //// 14. MINOR DEVELOPMENT DECISIONS a. Minor Development Classification //// ii. "Minor development" under subsection 14.a.i(1) of this section includes: (1) In the R-DD zone: (a) Construction of new single-family detached dwellings,duplexesmiddle housing dwellings, multi-family dwellings, zero lot line dwellings or exterior modification of a structure containing a nonconforming use that requires a building permit. (b) Expansion or reconstruction that results in a change of use (e frem single-family to duplex) or in an expansion of floor area of an existing structure by more than 50%. (c) Any exterior modification of a single-family detached dwelling that reduces setbacks pursuant to LOC 50.08.003.2.a, R-DD Administrative Modification. (2) Construction or exterior modification of a detached single-family structure, duplexmiddle housing dwelling, zero lot line dwelling or a structure accessory to such structures which: (a) Does not qualify as a ministerial decision pursuant to LOC 50.07.003.13.a.ii(1) or(2); or (b) Requires one or more variances. //// (5) Construction of a structure other than a detached single-family dwelling, duplex middle housing dwelling, zero lot line dwelling or accessory structure, or an exterior modification of such a structure which does not qualify as a ministerial development pursuant to LOC 50.07.003.13.a.ii(3) or(19). LU 22-0007—Middle Housing Code Amendments Page 101/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Item 3 [R]: Clarify that minor development procedures will apply equally to single-family residences and middle housing in the R-DD Zone. The minimum compliance provisions of Division 46 stipulate that middle housing must be subject to the same approval processes as single-family detached dwellings in the same zone. Under the City's current system, single-family development is classified as minor development in the R-DD Zone. In order to comply with Division 46,the City's review procedures must be amended to treat middle housing the same as single-family housing. This amendment clarifies that the minor development procedures that apply to detached single-family residences in the R-DD Zone will apply equally to middle housing. Item 4 [R]: Clarify that conversions from detached single-family to middle housing are classified as ministerial development in the R-DD Zone. Division 46 does not allow for design standards to be applied to middle housing created through conversions or additions to single-family dwellings. This amendment clarifies that middle housing created through conversions or additions to an existing detached single-family dwelling will not be subject to the minor development procedures applicable to the R-DD Zone, in order to comply with the minimum compliance provisions of Division 46. ///// LU 22-0007—Middle Housing Code Amendments Page 102/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft LOC 50.08:VARIANCES 50.08.001 INTRODUCTION 50.08.002 MINOR VARIANCES 50.08.003 DESIGN VARIANCES 50.08.004 MAJOR VARIANCES //// 50.08.002 MINOR VARIANCES //// 2. MINOR VARIANCE CLASSIFICATIONS a. A variance of 20%or less from yard setbacks or the Oswego Lake setback for a single-family dwelling, zcro lot line dwelling, middle housing dwelling, or an associated accessory structure that does not comply with LOC 50.03.004.2.b, Reduction of Side or Rear Yard Setbacks for Accessory Structures, provided: DRAFTING NOTE: This subsection is the subject of additional amendments under LU 21-0057, which is scheduled for a public hearing before the City Council on March 17, 2022. Following Council action,this section will be updated to conform to any amendments adopted by the Council. i. The resulting side yard setback is not less than five ft.; and ii. If located in the R-6 zone, a minor variance to front yard setbacks shall be limited to two ft. or less; or iii. If the request is necessary to preserve a tree: (1) The request is the minimum necessary to preserve the tree; and (2) The resulting yard setback is not less than 50%of the required standard; and (3) Side yards are not reduced to less than five ft., and if located in the R-6 zone,the required front yard setback is not reduced by more than two ft. b. A variance from yard setbacks for a structure other than a single-family dwelling, zero lot line` middle housing dwelling, or associated accessory structures up to: i. Side or front yards:two ft.; ii. Rear yards: five ft.; or iii. Fifty percent or less of the required setback if necessary to preserve a tree provided: (1) The request is the minimum necessary to preserve the tree; and LU 22-0007—Middle Housing Code Amendments Page 103/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft (2) The resulting yard setback is not less than 50%of the required standard; and (3) Side yards are not reduced to less than five ft., and if located in the R-6 zone,the required front yard setback is not reduced by more than two ft. //// d. A variance to the maximum floor area for single-family homes or middle housing dwellings of up to 15%; provided, that the lot in question has at least the following minimum lot area: Zone Minimum Lot Size Required R-5 10,000 sq. ft. R-6 12,000 sq. ft. R-7.5 15,000 sq. ft. R-10 15,000 sq. ft. R-15 22,500 sq. ft. e. A variance from maximum fence or retaining wall height restrictions pursuant to LOC 50.06.004.2. f. A variance to the maximum grade of a private street or driveway. g. A variance for construction of a dormer that does not exceed the height of the roof ridge in which Ithe dormer is being constructed in an existing single-family or middle housing detached dwelling that is nonconforming relative to lot coverage or setbacks. h. A variance to distance of driveway from intersections (LOC 50.06.003.2.b). i. A variance to street frontage at the time of creation of subdivision lots (LOC 50.06.003.1.c). j. A variance to driveway and access lane width for flag lots (LOC 50.07.007.2.c). k. A variance to yard requirements for extension of existing nonconforming walls, provided: i. The square footage of any new encroachment into the setback does not exceed the square footage of the existing nonconforming, encroaching portion of the structure. ii. The resulting structure complies with the floor area, lot coverage and other setback requirements. iii. The variance shall not reduce the yard setback by more than 50% and shall not reduce any side yard setback to less than five ft. iv. No previous variance has been granted for an extension of the subject nonconforming wall. LU 22-0007—Middle Housing Code Amendments Page 104/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft v. The expansion area shall be defined by the extension of two or more existing exterior walls. I. A variance to dimensional requirements that is necessary due to prior errors in land surveying. Prior errors in land surveying are errors that were made before the applicant acquired the property or gained control of the property. m. A variance to a determination of the front yard (LOC 50.07.007.2.d) and orientation of the front of the house for flag lots(LOC 50.07.007.2.e.i(1)). n. A variance to the limitation on maximum height of roof-mounted solar energy system in LOC 50.04.003.4.b.ii. o. A variance to a standard of this Code required to comply with state or federal law based on the rights of the occupant,where the application identifies the state or federal law granting the right. P. A variance to one or more of the following standards established by the Lake Grove Village Center Overlay District (LGVCO) or a base zone district underlying the LGVCO by up to 20%or four feet, whichever is less: i. Yard setbacks in LOC 50.05.007.4.d, but not including Village Transition yard setbacks adjacent to residential zones or residential uses; ii. Build-to line (LOC 50.05.007.4.e.i); iii. Minimum street frontage (LOC 50.05.007.4.e.ii); iv. Parking facility edge landscaping requirement(LOC 50.05.007.6.e.viii(5)); or v. Buffering area and screening requirements adjacent to R-7.5 or R-10 parcels (LOC 50.05.007.6.f.i). q. A variance to the standards of LOC 50.03.004.1.b.vi(1)(e)for accessory dwelling units. Item 19 [G]: Modify minor variance standards to apply to single-family residences and middle housing equally. The minimum compliance provisions of Division 46 stipulate that middle housing must be subject to the same approval processes as single-family detached dwellings in the same zone.The City's current minor variance standards are written such that they allow single-family dwellings variances that are larger or greater than those available to other housing types. In order to comply with Division 46,the City's minor variance standards must apply to single-family residences and middle housing equally.This amendment clarifies that the minor variance standards procedures that apply to detached single-family residences will apply equally to middle housing. //// LU 22-0007—Middle Housing Code Amendments Page 105/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft 50.08.003 DESIGN VARIANCES //// 2. DESIGN VARIANCE CLASSIFICATIONS a. R-DD Design For exterior modifications of a single-family detached or middle housing dwelling in the R-DD zone built before 1960, minimum setbacks may be reduced between two ft. and five ft. if the modification maintains at least 50%of the exterior walls (measured by sq. ft.) and does not increase height by more than 100%. Minimum setback adjustments of two ft. or less are exceptions to the R-DD district standards pursuant to LOC 50.04.003.3.c. Item 20 [G]: Modify design variance standards in the R-DD Zone to apply to single-family residences and middle housing equally. As mentioned above under Item 19 [G],the minimum compliance provisions of Division 46 stipulate that middle housing must be subject to the same approval processes as single-family detached dwellings in the same zone.The City's current design variance standards are written such that they allow single-family dwellings variances that are larger or greater than those available to other housing types within the R-DD Zone. In order to comply with Division 46,the City's design variance standards for the R-DD Zone must apply to single-family residences and middle housing equally.This amendment clarifies that the design variance standards that apply to detached single-family residences in the R-DD Zone will apply equally to middle housing. ///// LU 22-0007—Middle Housing Code Amendments Page 106/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft 50.10.003 DEFINITIONS // 2. DEFINITION OF TERMS The following terms shall mean: //// Access Lane The area on private property that extends from the public right-of-way and is permitted to provide ingress and egress for two to three lots by applicable surface modes of travel. Accessory Structure (Accessory Building) Any detached structure the use of which is subordinate and consistent with that of the primary structure and which is consistent with the structures and uses allowed in the zone in which it is located. Examples: play structures, sheds, and gazebos. //// Congregate Housing Multi-unit housing that: (a) consists of self-contained apartments with cooking facilities; and (b) complies with one of the following: (i) at least 80%of the apartments are occupied by at least one person 55 years of age or older; or(ii)the housing supports independent lifestyles for those who have a disability as defined in the federal Americans with Disabilities Act, including any amendments thereto, and who do not require residential care or skilled nursing services; and (c) 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. //// Cottage Cluster A grouping of no fewer than five and no more than eight detached cottage cluster dwellings, which includes a common courtyard. LU 22-0007—Middle Housing Code Amendments Page 107/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Item 5 [G]:Add a definition of"cottage cluster"that is distinct from "dwelling, cottage cluster". Division 46 defines "cottage cluster" as"a grouping of no fewer than four detached dwelling units per acre with a footprint of less than 900 square feet each that includes a common courtyard."The definition above is consistent with the Division 46 definition, but also allows for a distinction between a "cottage cluster" and a "cottage cluster dwelling," in order to allow code references to relate to either an entire cottage cluster development or an individual detached dwelling within a cottage cluster development. Item 6 [G]: Specify that cottage clusters are subject to a minimum of five and a maximum of eight dwelling units. The minimum compliance provisions of Division 46 allow the City to define the minimum number of dwellings in a cottage cluster, and to set a maximum of eight dwelling units per cottage cluster. City Council and the Planning Commission concurred with staff's recommendation to set the minimum number of units for a cottage cluster at five as a means of differentiating requirements for cottage clusters from other forms of detached middle housing.This is consistent with previous Council direction to not permit detached quadplexes and avoids confusion with any future allowances of detached quadplexes. The amendment also clarifies that cottage clusters are subject to a maximum of eight dwelling units, in compliance with Division 46. Courtyard An open space surrounded or mostly surrounded by walls or buildings. Commercial courtyards shall consist of some textured materials or pavers and shall contain one or more of the following elements: landscaping,fountain, arbor, or outdoor furniture. Courtyard. Common A common area for use by residents of a cottage cluster. LU 22-0007—Middle Housing Code Amendments Page 108/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Item 7 [G]:Add a definition of"common courtyard"to align with Cottage Cluster requirements. The Model Code includes the following definition of"common courtyard": "Common courtyard"means a common area for use by residents of a cottage cluster.A common courtyard may function as a community yard. Hard and soft landscape features may be included in a common courtyard, such as lawn, groundcover, trees, shrubs, patios, benches, or gazebos. Pedestrian paths must be included as part of a common courtyard. The definition above is consistent with the Division 46 definition, but omits the second and third sentences.These sentences were included instead in the use-specific standards for common courtyards within a cottage cluster, as they can be more appropriately described as standards for a common courtyard than a definition. //// Detached A horizontal separation of three ft. or more, between the subject structure and nearby structures. The separation shall be from eave to eave, or where there are no eaves,the separation shall be measured between the closest elements (excluding breezeways no more than eight ft. in width measured from eave to eave, air conditioning units, heat pumps, and similar attached or connected fixtures to the structure) of the two structures. (If the distance of separation is less than three ft. between two structures,they shall be deemed to be "attached.") //// Development Any manmade 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 operations 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. //// Driveway LU 22-0007—Middle Housing Code Amendments Page 109/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft A vehicular accessway that has, as its primary purpose,the provision of a driveable connection between a structure or parking area on a lot and connecting to the shared access easement, access lane, private street, or public street system. "Driveway" may include parking pads, turnaround areas, and parking lot aisles. Driveway Approach That portion of the driveway that is situated in the public right-of-way. Driveway Grade The ratio of the change in elevation to the change in horizontal distance traveled, measured along the steepest ten-ft. increment along the centerline of the traveled way. Grades are expressed in percent. //// Duplex A single detached building on its own lot designed to cc\ntn two dwelling units.Two attached dwelling units on a lot. Item 8 [G]: Modify the definition of"duplex"to align with state minimum compliance requirements. Division 46 defines "duplex" as "two attached dwelling units on a Lot or Parcel," and specifies that cities must include a similar definition. In order to comply with the minimum compliance provisions, the definition above is consistent with the Division 46 definition. Dwelling Attached Townhome Two or more attachetkinglr gamily °^" rg vnit44 with ach unit located on its own let,thwr;ng side by side common wall(s), with no dwslRng initsth2ring common horizcnt22/surfaces. The common wall ill consist of a structural well thct ed-for ct Ic\-xt 25% of the length of the side of ach dwolling unit. An attached townhome is also called a rowhouse, townhouse, or a common wall house. Item 9.2 [G]: Remove the existing definition of"dwelling, attached townhouse" and refer instead to the new"townhouse" and "townhouse project" definitions within the Definition of Terms section. See Item 9.1 [G], above. //// Dwelling, Cottage Cluster A single detached dwelling within a cottage cluster, which may be located on a single lot or on individual lots. LU 22-0007—Middle Housing Code Amendments Page 110/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Item 10 [G]: Add a definition for"dwelling, cottage cluster". Division 46 defines "cottage cluster" as"a grouping of no fewer than four detached dwelling units per acre with a footprint of less than 900 square feet each that includes a common courtyard."The addition of a new definition for a cottage cluster dwelling allows for a distinction between a "cottage cluster" and a "cottage cluster dwelling," in order to allow code references to relate to either an entire cottage cluster development or an individual detached dwelling within a cottage cluster development. Dwelling, Live-Work A building that contains one or more commercial or office spaces on the first floor connected to residential units above or behind the commercial or office space, and the ownership of the building is not divided between the residential and commercial portions of the building. Dwelling, Multi-Family A building on one or more lots designed to contain three five 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. "Multi-family dwelling" includes structures commonly called garden apartments, apartments and condominiums. Item 11 [G]: Revise the definition of"dwelling, multi-family"to exclude middle housing. Under the existing definition of"multi-family dwelling", the City considers 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"to be a multi-family dwelling. However, with the addition of middle housing types such as triplexes and quadplexes to the code, the existing definition of multi-family dwelling could result in confusion as to whether middle housing dwellings that contain three or more units (ie: a triplex or quadplex)would also be considered multi-family dwellings. In order to provide clarity and remove overlap,this amendment changes the definition of"multi-family dwelling"to a "building on one or more lots designed to contain five or more dwelling units that share common walls or floor/ceilings with one or more units."This amendment is necessary in order to clarify which standards will apply to newly-permitted middle housing types that contain more than three dwelling units. Dwelling, Single-Family, Detached A detached dwelling unit designed and used for that purpose, located on its own lot,that does not share walls with any other primary dwelling. Dwelling Unit LU 22-0007—Middle Housing Code Amendments Page 111/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft 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. [Cross-Reference: See also "Family" definition referring to occupancy of dwelling unit as a single housekeeping unit.] Dwelling Unit,Accessory An accessory dwelling unit(ADU), either internal to, attached, or separate from a detached single-family dwelling unit and on the same lot as that dwelling.The following dwelling configurations shall constitute an ADU regardless of whether the occupants of the second dwelling unit are a part of the family of the occupants of the primary dwelling unit: a. An accessory structure that contains all of the elements of a dwelling unit within the accessory structure and the accessory structure complies with LOC 50.03.004.1.b.vi; or b. A portion of the primary structure that contains the elements of an ADU pursuant to LOC 50.03.004.1.b.vi, and the other portion of the primary structure meets the definition of"dwelling unit," and the two portions are physically separated from each other so that the usual and customary use of the two portions of the structure is as separate dwelling units, not as a single, interconnected housekeeping unit. OweilingZer-e-ket—Line A building pcoviding two dwclling units on two sc c lotc�J;cring-a-comiman wall, and uscd for ccsidonticl p rpoc& Item 12.4 [G]: Remove the existing definition of"dwelling, zero lot line"within the Definition of Terms section. See Item 12.1 [G], above. //// 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. [DRAFTING NOTE:this definition is the subject of the 2021 Code Updates, to eliminate the number and relationship requirements, only requiring that the persons live together as a single housekeeping unit.] LU 22-0007—Middle Housing Code Amendments Page 112/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft //// Floor Area The gross building floor area excluding: a. Attic (the unfinished space between the ceiling joists of the top story and the roof rafters); b. Vent shafts; c. Courtyards; d. Garages, except as modified in: i. The R-5 zone (LOC 50.04.001.2.d.i(1),for residential development); ii. The R-6 zone (LOC 50.04.001.2.d.i(1),for outright permitted residential development); iii. The R-7.5, R-10, and R-15 zones (LOC 50.04.001.1.d.i(1),for singlc family dwellings); e. Allowable projections per LOC 50.04.003.8.a, Projections from Buildings; f. Decks; g. Patios; h. Uncovered exit stairs; i. Uncovered, above-grade driveways; and j. Seasonal restaurant enclosures. Item 19.7 [D]: Clarify that the floor area standards for garages in the Definition of Floor Area apply equally to detached single-family and middle housing dwellings. See Item 19.1 [G], above. This amendment is also necessary in order for area within the garage of a middle housing dwelling to be considered "floor area", per Planning Commission direction. Floor Area Ratio(FAR) The ratio of the floor area to the lot size.The greater the FAR,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 complete second floor to the same building increases the FAR to 0.50:1, or 0.5. //// Footprint LU 22-0007—Middle Housing Code Amendments Page 113/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft The polygon formed by(a)the surrounding exterior walls of a building or portion thereof, and (b) any structure which is over 30 in. 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. Footprint, Cottage Cluster Dwelling The horizontal area as seen in plan view, measured from the outside of all surrounding exterior walls and supporting columns of a cottage cluster dwelling. It includes cottage cluster dwellings and any attached garages, as well as cantilevered portions of the dwelling on a second floor. It does not include detached garages or carports; accessory structures; trellises; patios; up to two feet of eaves; and areas of porches, decks, and balconies less than 30 inches above finished grade. Item 13 [G]: Add a definition for"cottage cluster dwelling footprint"to align with state minimum compliance requirements. The Model Code includes the following definition of"building footprint": "Building footprint"means the horizontal area as seen in plan, measured from outside of all exterior walls and supporting columns. It includes dwellings and attached garages and carports. It does not include detached garages or carports, accessory structures, trellises, patios, and areas of porch, deck, and balcony less than 30 inches from finished grade, or cantilevered covers, porches or projections which do not have a post touching the ground or ramps and stairways required for access. The definition proposed above for a cottage cluster footprint is consistent with the Division 46 definition,with some minor edits to ensure consistency with other terms and language within the development code. //// 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 LOC 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. //// LU 22-0007—Middle Housing Code Amendments Page 114/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Garage,Side-Loading A garage that meets the definition of a private garage but is located such that the garage doors, or in the case of carports,the vehicle access openings, face a minimum of 80°away from the street as shown below. STREET , Fii 'l. ,H-;-.;- it li :;::. .:: ios Y Y . , Y h. Y Y } Y L } , Y Y 1 Y Y Front-load leg g garage Side-loading garage Side-loading garage , , Y A side-loading garage has garage doors that face a minimum of 804 away from the street_ 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. //// Gross Building Floor Area The combined square footage area (measured from the exterior of the surrounding exterior wall framing) of a building or portions thereof of all stories of a building. Where a square footage limitation is imposed by this Code upon a building or structure,the method of measuring the square footage shall be presumed to be by"gross building floor area" unless otherwise stated. Group Care Home LU 22-0007—Middle Housing Code Amendments Page 115/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Any dwelling licensed under the authority of ORS 443.400 which provides residential care and training to five or fewer adults who are mentally or emotionally disturbed, developmentally disabled, alcohol or drug dependent persons, elderly, or physically disabled. "Residential care" means as defined in ORS 443.400. "Group care homes" are also known as "residential treatment home" and "residential training home" under ORS 442.400.Additional "family" members related to the five or fewer adults may reside in the dwelling, as part of a single housekeeping unit, e.g., persons related by blood, marriage, legal adoption, or associated by guardianship, conservatorship, or a foster care relationship. Guest House An accessory structure of less than 400 sq. ft. with no cooking or kitchen facilities, used for occasional temporary lodging of persons, and for which no payment or compensation is given in whole or part for lodging or use of the guest house. //// 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. //// 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 figure below, Measurement of Building Height. c. On Lots within the Flood Management Area: i. 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 to the minimum required for the purpose of raising the floor level above the base flood elevation consistent with LOC 50.05.011, Flood Management Area,then the reference point shall be the elevated ground surface. ii. Residential—Waterfront Cabanas (R-W) Zone: the Oswego Lake Surface Elevation. d. On Lots within a Subdivision,with or without a Planned Development Overlay: For the purposes of determining building height, ground surface shall mean the elevation of the: LU 22-0007—Middle Housing Code Amendments Page 116/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft i. Natural ground surface; or ii. Altered ground surface, as a result of the prior subdivision approval. Exception:The ground surface of a window well shall be deemed to be the same as the adjacent ground surface when the dimensions of the window well do not exceed three ft. by six ft. and the cumulative width of the window well(s) on a building facade does not exceed 40%. Measurement of Building Height—Reference Point _ ELEVATED GROUND FLAT LOT �- -' SURFACE -W 1[ 1f )(—)t— UNALTERED GROUND X w 1t it NATURAL GROUND SURFACE SURFACE NATURAL GRO UN D SURFACE SLOPED LOT _- LOWERED GROUND UNALTERED GROUND SURFACE SURFACE }X ?X }{ ?{ i • BUILDING HEIGHT REFERENCE POINT Lake Oswego Style 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 LOC 50.11.001, Appendix A: Lake Oswego Style). 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. //// Lot LU 22-0007—Middle Housing Code Amendments Page 117/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft A unit of land created in compliance with all legal requirements in effect and applicable at the time of creation. Lot Area or Lot Size a. Non-Flag Lots:the gross square footage of the lot within the lot lines. b. Flag Lots: the area of a lot, defined by the lot lines, less the area of access easement or flagpole. Lot, Corner A lot abutting two intersecting streets; provided, that the streets do not intersect on an angle greater than 135°. Lot Coverage The ratio of A to B where A is the area of all permanent structures or portions thereof over 30 in. in height, but exclusive of: a. Vent shafts; b. Portions of eaves that extend two ft. or less from exterior walls of the building; c. Open-roofed courtyards; d. Flowerboxes not exceeding two ft. in depth and 110%of the width of the adjoining window/door; e. Decorative metal balconies, i.e.,wrought iron, not exceeding two ft. in depth and 110%of the width of the adjoining window/door; f. Arbor or trellises used as a support for climbing or hanging plants.The trellis may have side(s) or a roof which do not exceed 75%opacity, except if a trellis side is also a side of a building,then that side is not subject to the 75%opacity requirement; g. Boathouses; h. Fences and retaining walls; Other structures similar to the structures above, except boathouses; and B is the lot area or lot size. [Cross-Reference: Flag Lots—the access easement is deducted from "gross acreage." LOC 50.07.007.2.e.vi.] 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 midpoint at the front lot line of the flag area. Lot Frontage LU 22-0007—Middle Housing Code Amendments Page 118/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft 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 50.04.001.1.e.iv, 50.04.001.2.e.iii(4), 50.04.001.3.e.i, and Table 50.04.001-14, Note [10]. In the case of flag lots,the lot line designated pursuant to LOC 50.07.007.2.d.i. Lot Line, Front(Solar Access) A lot line abutting a street. For corner lots the front lot line is that with the narrowest frontage. When the lot line abutting a street is curved,the front lot line is the chord or straight line connecting the ends of the curve. For a flag lot,the front lot line is the lot line that is most parallel to and closest to the street, excluding the pole portion of the flag lot. 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. Illustration of lot line measurement follows: I cvLulIax; l� Lot • Lot = Lira Lot • Lot .•a Lot V a Street • Irregular Lot Triangular Lot Lot Line, Side LU 22-0007—Middle Housing Code Amendments Page 119/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft 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, Steeply Sloped A "steeply sloped lot" is a lot with a slope of 20%or more,when measured from the lowest or highest front lot line, whichever results in the greater difference in grade,to the most distant point of the primary building footprint. Lot,Through; Double Frontage Lot A lot other than a corner lot with frontage on more than one street. Lot Width The width of the lot as measured at the front setback line. //// Major Development Development defined as major development in LOC 50.07.003.15.a, Major Development Classification. //// Middle Housing Duplexes,Triplexes, Quadplexes, Cottage Clusters, and Townhouses in residential zones. LU 22-0007—Middle Housing Code Amendments Page 120/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Item 14 [G]: Add a definition for"middle housing" to align with state minimum compliance requirements. Division 46 defines "middle housing" as, "Duplexes,Triplexes, Quadplexes, Cottage Clusters, and Townhouses."The definition proposed above for middle housing is consistent with the Division 46 definition,with the addition of"in residential zones"to clarify that middle housing is only allowed in residential zones. Minor Development Development defined as minor development in LOC 50.07.003.14.a, Minor Development Classification. //// Owner Where used in relationship to real property, "owner" means the legal owner of record or easement holder, or,where there is a recorded land sales contract in effect,the purchaser under that contract.An act or omission to act by an agent of the owner are deemed to be the act or omission by the owner. //// 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. //// Patio An impervious surface on the ground, excluding parking areas and pathways of five ft. or less in width, used for several purposes, including leisure, social gatherings, etc. //// Primary Use The predominant use to which the lot or building is or may be devoted and to which all other uses are accessory. Generally,the primary use is the use to which the majority of the site or building area is devoted, or if no use occupies a majority of the site or building area, then the use that occupies the largest area of the building or site.Accessory uses are ones that occupy a small portion of the site or LU 22-0007—Middle Housing Code Amendments Page 121/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft building area or exist primarily to serve occupants or residents engaged in uses that occupy a larger area of the building. Quadplex Four attached dwelling units on a lot. Item 15 [G]: Add a definition for"quadplex"to align with state minimum compliance requirements. Division 46 defines "quadplex" as, "four attached dwelling units on a Lot or Parcel."The definition for a quadplex proposed above is consistent with the Division 46 definition,with the removal of the language "or parcel"for consistency with terms defined in the code. //// Residence, Primary A dwelling where a person lives most of the time. At a given time, a person does not have more than one primary residence. For purposes of determining whether a dwelling is a primary residence,the City may consider whether the dwelling is the legal residence of the person for purposes of voting, motor vehicle/driver licensing, income tax calculation,the time the person spent at the residence, and other such factors. //// Residential Care Housing A "residential care housing" facility houses and provides services for six 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," "group care 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, housekeeping 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. LU 22-0007—Middle Housing Code Amendments Page 122/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft 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 Mixed Use Development Development containing both residential and nonresidential uses on a single parcel, or parcels developed as a unified site, where the residential units comprise at least 33%of the floor area of the overall development.Typically, residential mixed use projects include a mix of residential and commercial uses. In residential mixed use development, the residential use may be provided in a separate building on the same site as a non-residential use or in the same building as a nonresidential use, often with commercial uses on the ground floor and residential uses located on upper floors. //// Setback Line The innermost line of any required yard or reserved area on a lot. //// Story That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or unused under-floor space is more than six ft. above grade for more than 50% of the total perimeter or is more than 12 ft. above grade at any point, such basement or unused under-floor space shall be considered as a story. //// Street The entire width between the right-of-way lines of a local street, collector, or arterial capable of providing the principal means of access to abutting property. //// 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. If the structure is located across separate parcels or lots and the portions of the structure are separately owned,the "structure" shall be considered to be only that portion of the structure that is used or intended for supporting or sheltering any use or occupancy that is occurring within the boundaries of the parcel or lot. For purposes of LOC 50.05.011, Flood Management Area, a "structure" means a walled and roofed building and a gas or liquid storage tank. Structure,Viable Existing LU 22-0007—Middle Housing Code Amendments Page 123/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft a. An existing structure that complies with LOC 50.05.004, Downtown Redevelopment Design District; 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. //// Townhouse A dwelling unit that is part of a row of two or more attached dwelling units,where each unit is located on an individual lot and shares at least one common wall with an adiacent dwelling unit, with no dwelling units sharing common horizontal surfaces.The common wall shall consist of a structural wall that is shared for at least 25%of the length of the side of each dwelling unit. A townhouse is also called a rowhouse, attached townhome, or a common-wall house. LU 22-0007—Middle Housing Code Amendments Page 124/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Item 16 [G]: Add a new definition of"townhouse"to replace existing definition of"attached townhome dwelling". In order to align with the minimum compliance provisions of Division 46,the term "attached townhouse dwelling" has been removed from the list of allowed uses within residential districts. The definitions for"townhouse" and "townhouse project" will now apply to what were formerly referred to as "attached townhouse dwellings." Division 46 defines "townhouse" as follows: ...a dwelling unit that is part of a row of two or more attached dwelling units, where each unit is located on an individual Lot or Parcel and shares at least one common wall with an adjacent dwelling unit. The existing definition of"attached townhome dwelling" in this code is as follows: Two or more attached single-family dwelling units, with each unit located on its own lot, sharing side-by-side common wall(s), with no dwelling units sharing common horizontal surfaces. The common wall shall consist of a structural wall that is shared for at least 25%of the length of the side of each dwelling unit.An attached townhome is also called a rowhouse, townhouse, or a common-wall house. The definition for a townhouse proposed above is consistent with the Division 46 definition,with the addition of other language from the existing code definition of"attached townhome dwelling" to ensure that townhouse standards are applied as consistently as possible with the City's current practice. Townhouse Project One or more townhouse structures constructed, or proposed to be constructed,together with the development site where the land has been divided, or is proposed to be divided,to reflect the Townhouse property lines and the any commonly owned property. LU 22-0007—Middle Housing Code Amendments Page 125/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Item 17 [G]: Add a definition for"townhouse project"to align with state minimum compliance requirements, and to allow townhouse standards to be applied to the entire site prior to a land division. City Council provided staff with direction to apply bulk and scale controls to the entire townhouse project, instead of individual lots, consistent with the definition of"townhouse project" in Division 46. See Item 10.1 [D], above. In order to fulfill this direction and align with the minimum compliance provisions of Division 46, the term "attached townhouse dwelling" has been removed from the list of allowed uses within residential districts.The definitions for"townhouse" and "townhouse project" will now apply to what were formerly referred to as "attached townhouse dwellings." Division 46 defines "townhouse project" as, "one or more townhouse structures constructed, or proposed to be constructed,together with the development site where the land has been divided, or is proposed to be divided, to reflect the Townhouse property lines and the any commonly owned property."The definition for a townhouse project proposed above is entirely consistent with the Division 46 definition. Traffic Evaluation A report or analysis, conducted by a qualified professional such as an architect, landscape architect, engineer, surveyor, as applicable,to examine the impact(s)to an aspect of the transportation system, i.e., determination of the location and configuration of an access, sight distance analysis, pedestrian crossing evaluation. Traffic Impact Study A report prepared by a professional engineer that assesses the impacts that a particular development's traffic will have on the transportation system in the defined study area and provides an analysis of a proposed transportation solution, if needed. //// Triplex Three attached dwelling units on a lot. Item 18 [G]: Add a definition for"triplex"to align with state minimum compliance requirements. Division 46 defines "triplex" as, "three attached dwelling units on a Lot or Parcel."The definition for a triplex proposed above is consistent with the Division 46 definition,with the removal of the language "or parcel"for consistency with terms defined in the code. //// LU 22-0007—Middle Housing Code Amendments Page 126/126 Attachment 2 -Ord. 2892 Public Hearing Review Draft Wall A structure which stands alone and which supports no load other than its own weight.The wall may have a solid vertical surface or may have an open pattern. 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°or greater with the horizontal plane. Wall, Retaining A structure of masonry, wood, stonework or other building material serving to support or protect an area. For the purpose of this Code, stabilized slopes 60°or greater in inclination shall be considered retaining walls. //// 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 (or for lots with special street setbacks,the special street setback line if outside the right-of-way) 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: Old Town styles: See LOC 50.05.006.2, Definitions of Old Town Styles; Village Character: See LOC 50.05.004.4, Definition of Village Character.]