F-014 Clackamas County Zoning and Development Ordinance 2006 CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE
301 URBAN LOW DENSITY RESIDENTIAL (R-2.5, R-5, R-7, R-8.5, R-10,
R-15, R-20, R-30) (11/30/06)
301.01 PURPOSE
This section implements the policies of the Comprehensive Plan for existing and
future Low Density Residential areas, which include:
A. Provide and protect residential land for families who desire to live in a low
density environment.
B. Protect the character of existing low density neighborhoods.
C. Provide for development within the carrying capacity of hillsides and
environmentally sensitive areas.
301.02 AREAS OF APPLICATION
One or more of the following factors shall guide the determination of the most
appropriate district to apply to a specific property or area:
A. Physical Site Conditions:
1. Land with soils subject to slippage, compaction, or high shrink-swell
characteristics shall be zoned R-15 or R-20.
2. Land with slopes of:
a. 0 to 20 percent shall be considered for zones R-2.5, R-5,R-7 or R-8.5
(12/23/98)
b. 20 percent or more shall be considered for zones R-10 to R-30. (12/23/98).
B. Capacity of Facilities: Land shall be zoned to maximize the capacity of facilities
such as streets, sewers, water and storm drainage systems.
C. Availability of Transit: Land within walking distance (approximately 1/4 mile) of
transit service shall be zoned R-2.5, R-5, R-7 or R-8.5. (12/23/98)
D. Proximity to Trip Generators: Areas in close proximity to jobs, shopping, cultural
and activity centers shall be zoned R-2.5, R-5, R-7 or R-8.5. (12/23/98)
E. Neighborhood Preservation and Variety: Areas which have historically developed
on large lots where little vacant land exists shall remain zoned consistent with the
existing development pattern.
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F. Vacant Lands: Unless otherwise dictated by the preceding criteria, areas of mostly 1
vacant and sparsely developed land shall be zoned R-2.5, R-5 or R-7. To achieve
an average of 7,500 square feet or less per lot in Low Density Future Urbanizable
areas when conversion to Immediate Urban Low Density Residential occurs, the
R-10 zone shall be limited to areas exceeding 20% slope and to Resource
Protection areas. Flexible lot size subdivisions and other buffering techniques
shall be encouraged in those areas immediately adjacent to developed
subdivisions with lots of 20,000 square feet or more to protect neighborhood
character, while taking full advantage of allowed densities. (12/23/98)
G. R-2.5: In addition to the above criterion, the R-2.5, shall be applied only to:
(12/23/98)
1. Areas located within one-quarter(1/4) mile of a designated Regional Center,
Corridor or Mainstreet on Comprehensive Plan Map X-CRC-1 (5/3/01).
2. Areas with access to a residential collector or higher functional class street.
3. Areas where the size of the site and adjoining properties zoned R-2.5 does not
exceed ten (10) acres.
301.03 PRIMARY USES
A. R-2.5: (12/23/98)
1. One attached single-family dwelling or residential home; (3/24/05)
2. Public parks,playgrounds, recreational and community buildings and grounds,
public golf courses,tennis courts, and similar recreational uses, all of a
noncommercial nature, provided that any principal building, swimming pool,
or use shall be located a minimum of 45 feet from any other lot in a residential
district. These uses may be designated Open Space Management under
Section 702 when the criteria under Section 1011 are satisfied; (3/24/05)
3. When a development site includes areas zoned MR-2 as well as areas zoned
Urban Low Density Residential, a master plan may be approved for the entire
site. The master plan may provide for condominiums, two-family dwellings,
three-family dwellings, and multifamily dwellings on both the areas zoned
Urban Low Density Residential and the areas zoned MR-2. The following
criteria shall be met: (3/24/05)
a. The maximum number of dwelling units allowed on the overall site
pursuant to Section 1012 shall not be exceeded. (3/24/05)
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b. The master plan shall provide for the minimum number of attached or
detached single-family dwellings required pursuant to Subsection 1012.08
for the portion of the overall site zoned Urban Low Density Residential.
(3/24/05)
c. Each single-family dwelling shall be located on a separate lot of record.
The minimum lot size for an attached single-family dwelling shall be
2,000 square feet, and the minimum lot size for a detached single-family
dwelling shall be 4,000 square feet. (3/24/05)
d. Condominiums,two-family dwellings, three-family dwellings, and
multifamily dwellings shall be subject to Subsections 313.08 and 313.09;
(3/24/05)
4. Wireless telecommunication facilities listed in Subsections 835.04(B) and (C),
subject to Section 835. (3/14/02)
B. R-5 through R-30:
1. One detached single-family dwelling, residential home or, subject to Section
824, manufactured home; (3/24/05)
2. One attached single-family dwelling per lot on 20 percent of the total number
of lots in a subdivision or 100 percent of the lots in a planned unit
development; (3/24/05)
3. Condominiums, subject to Section 803; (3/24/05)
4. Public parks,playgrounds, recreational and community buildings and grounds,
public golf courses, tennis courts, and similar recreational uses, all of a
noncommercial nature,provided that any principal building, swimming pool,
or use shall be located a minimum of 45 feet from any other lot in a residential
district. These uses may be designated Open Space Management under
Section 702 when the criteria under Section 1011 are satisfied; (3/24/05)
5. Propagation,management, and harvesting of forest products. Commercial
timber harvesting shall be reviewed pursuant to Policy 6.4 of the Forests
section of Chapter 3 of the Comprehensive Plan; (3/24/05)
6. Utility carrier cabinets, subject to Section 830; (3/24/05)
7. Wireless telecommunication facilities listed in Subsections 835.04(B) and(C),
subject to Section 835. (3/14/02)
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301.04 ACCESSORY USES
A. Uses and structures customarily accessory and incidental to a primary use.
(3/24/05)
B. A guest house, as defined in Section 202. (Adopted 11/15/82)
C. Home occupations, subject to the provisions of Section 822. (Adopted 2/4/81).
D. A private garage or parking area.
E. Keeping of not more than two (2)roomers or boarders by a resident family.
F. Bed and breakfast homestays, subject to the major home occupation provisions
under Section 822. (7/15/87)
G. Keeping of livestock and farm animals subject to the provisions of Section 821.
Growing of vegetables, fruits, flowers, bulbs, herbs, and other plants primarily for
personal use or aesthetic purposes, but not for commercial profit except as
approved under a Home Occupation permit under Section 822 or conditional use
under Subsection 301.06(A)(16). (5/22/03)
H. Signs, as provided under Section 1010. (8/6/81)
I. Temporary buildings for uses incidental to construction work, which shall be
removed upon completion or abandonment of the construction work.
J. Bus shelters, subject to the provisions of Section 823.
K. Solar collection apparatus. (8/5/82)
L. Family day-care provider home facilities, as defined in Section 202.
M. Accessory dwelling units in conjunction with detached single-family dwellings.
(3/24/05)
301.05 USES SUBJECT TO REVIEW BY THE PLANNING DIRECTOR (3/14/02)
The following use may be approved by the Planning Director pursuant to Subscction
1305.02: (3/14/02)
A. Wireless telecommunication facilities listed in Subsections 835.05(A)(2) and (3),
subject to Section 835. (3/14/02)
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301.06 CONDITIONAL USES
A. The following conditional uses maybe allowed subject to review by the Hearings
Officer pursuant to Section 1300. Approval shall not be granted unless the
proposal complies with Section 1203 and any applicable provisions of Section
800. (5/22/03)
1. Except in the R-2.5 zoning district, two- and three-family dwellings and the
conversion of single-family dwellings into two-family dwellings subject to
Section 802; (5/22/03)
2. Except in the R-2.5 zoning district, condominium conversions, subject to
Section 803; (5/22/03)
3. Churches, subject to Section 804; (5/22/03)
4. Schools, subject to Section 805; (5/22/03)
5. Daycare facilities, subject to Section 807; (5/22/03)
6. Cemeteries and crematories, subject to Section 808; (5/22/03)
7. Hospitals, subject to Section 809, and helistops for emergency use in
conjunction with a hospital; (5/22/03)
8. Nursing homes, subject to Section 810; (5/22/03)
9. Service and recreational uses, excluding recreational vehicle camping
facilities, subject to Section 813; (5/22/03)
10. Surface mining, subject to Section 818; (5/22/03)
11. Sanitary landfills and debris fills, subject to Section 819; (5/22/03)
12. Manufactured home parks, subject to Section 825; (5/22/03)
13. Hydroelectric facilities, subject to Section 829; (5/22/03)
14. Bed and breakfast residences and inns, subject to Section 832; (5/22/03)
15. Wireless telecommunication facilities listed in Subsection 835.06(A), subject
to Section 835; (5/22/03)
16. Except in the R-2.5 zoning district, horticulture, nurseries,hydroponics, and
similar uses that exceed an accessory use; (11/30/06)
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17. The hosting of weddings, family reunions, class reunions, company picnics,
and similar events. (11/30/06)
301.07 PROHIBITED USES
A. Uses of structures or land not specifically permitted in Section 301 are prohibited
In an Low Density Residential Districts.
.
B. The use of a residential trailer as a dwelling, except as authorized pursuant to
Section 1204. (3/24/05).
C. Outdoor advertising displays, advertising signs or structures, except as provided
under Section 1010.
301.08 MINIMUM LOT AND STRUCTURE DESIGN REQUIREMENTS
A. Purpose: The setback, coverage, depth, and structure height requirements of these
districts are intended to:
1. Provide consistent standards insuring a stable pattern and intensity of
development for new and existing neighborhoods;
2. Provide for fire safety and protection of all structures;
3. Protect the privacy and livability of dwellings and yard areas;
4. Provide for adequate light and air circulation between structures;
5. Provide for, and protect the unique character and livability of each district;
6. Ensure suitable access to each lot with minimum impact on adjacent lots or
dwellings;
7. Ensure consistency in the scale of structures, both vertically and horizontally.
B. Minimum Lot Size: The minimum lot size shall be as follows, except as modified
by Section 902, 1013, or 1014. For subdivisions,partitions, and condominium
developments,the maximum and minimum number of primary dwelling units
permitted shall be calculated pursuant to Section 1012. (3/24/05)
1. R-2,5 2,500 square feet (3/24/05)
2. R-5 5,000 square feet (3/24/05)
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3. R-7 7,000 square feet (3/24/05)
4. R-8.5 8,500 square feet (3/24/05)
5. R-10 10,000 square feet (3/24/05)
6. R-15 15,000 square feet (3/24/05)
7. R-20 20,000 square feet (3/24/05)
8. R-30 30,000 square feet (3/24/05)
C. General Requirements: The minimum dimensional standards for primary
structures, except attached single-family dwellings, shall be as follows: (3/24/05)
1. Minimum front yard setback: 20 ft. (2/27/97)
2. Minimum rear yard setback: 20 ft(2/27/97)
3. Minimum side yard setback: 5 ft. (2/27/97)
4. Maximum building height: 35 ft
5. Maximum lot coverage
a. Primary use structures: 35%
b. Primary and accessory structures: 40%
D. Exceptions to General Requirements: The general requirements of these districts
shall be subject to the provisions under Sections 900 and 1000. Further,.
exceptions and modifications of these requirements set forth above shall be as
follows:
1. Accessory Structures: All accessory structures shall be consistent with the
purposes under Subsection 301.08(A). A maximum of four accessory
structures in addition to the dwelling may be permitted. Setbacks, except as
prescribed for accessory dwelling units in Subsection 301.08(G), may be
modified as follows: (3/24/05)
a. Structures 100 square feet or less in area: No side or rear yard setback
behind the front building line shall be required for any detached accessory
structure which is one hundred (100) square feet or less in area and does
not exceed a height of eight(8) feet. No portion of any such structure shall
project across a lot line.
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b. Structures 101 - 200 square feet in area and structures up to ten (10) feet in
height: A side or rear yard setback behind the front building line may be
reduced to three (3) feet for any detached accessory structure and its
projections.
c. Structures 201 - 500 square feet in area and structures up to fifteen (15)
feet in height: The side and rear yard setbacks may be re.a,,,,P,1 to three (3)
l J
feet for one accessory structure, and its projections, within this category
when located behind the front building line of the dwelling. The three (3)
foot setback requirement shall be increased one (1) foot for each foot of
height over ten(10) feet to a maximum of fifteen(15) in height. This
setback need not exceed the setback requirements listed under Section
301.09(C). The structure and its projections shall be detached and
separated from other structures by at least three (3) feet. (3/24/05)
d. Structures sixteen(16) feet in height and over shall meet the setback
requirements listed under Section 301.09(C). (3/24/05)
e. Structures in excess of 500 square feet: One accessory structure in excess
of five-hundred (500) square feet in area may be approved by the Planning
Director subject to the setback requirements of the district and the
following provisions:
1. The lot is in excess of 10,000 square feet in area.
2. The proposed accessory structure will be constructed with the same
exterior building materials as that of the dwelling, or an acceptable
wood or metal substitute. Metal buildings shall include roof
overhangs, gutters and downspouts, with a painted steel exterior
similar in color to that of the dwelling.
3. The square footage of the accessory structure shall not exceed the
square footage of the ground floor of the dwelling.
4. The proposed accessory structure shall not exceed the height of the
dwelling.
5. The proposed accessory structure shall satisfy the provisions of
Subsection 301.01.
f. Swimming pools may extend within three (3) feet of a side or rear lot line,
and within ten (10) feet of a front lot line. Lot coverage limitations do not
apply to swimming pools.
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2. Corner Lots: One of the required front yard setbacks may be reduced to fifteen
(15) feet when abutting a Local street,private road or access drive. When one
of the fronting streets is classified higher than a Local street classification,the
fifteen(15) foot setback may only be applied on frontage abutting the lower
classification street. The side and rear yard areas on corner lots shall be
designated by the applicant with the setback distance as identified in
301.08(C). (3/24/05)
3. Undersized Lots of Record: The rear yard setback may be reduced to 1/2 the
required setback and one side yard setback may be reduced to zero for any
detached single-family dwelling, and the maximum lot coverage may be
increased to 50 percent, on preexisting legal lots of record which are 6,000
square feet or less in size, subject to the following conditions: (3/24/05)
a. The proposed construction shall comply with the State of Oregon One- and
Two-Family Dwelling Specialty Code. (3/24/05)
b. The development occurring within the yard setback area shall not block
solar access to an existing window or solar collecting panel or area located
on the adjacent properties. (3/24/05)
E. Variances: The requirements of Subsection 301.08 may be modified, subject to
staff review with notice pursuant to Subsection 1305.02,when the modification is
consistent with the purposes set forth under Subsection 301.08(A), and satisfies
the criteria for a variance under Section 1205. The effect of the proposed
modification on the natural features of the site and the use and preservation of
solar access shall be considered, when applicable. (3/24/05)
F. Structure and Façade Design: All dwellings, except temporary dwellings approved
pursuant to Subsection 1204, shall include at least three of the following features
visible to the street(if on a corner lot, visible to the street where the dwelling
takes access): (11/24/99)
1. A covered porch at least 2 feet deep.
2. An entry area recessed at least 2 feet from the exterior wall to the door.
3. A bay or bow window(not flush with the siding).
4. An Offset on the building face of at least sixteen(16) inches from one exterior
wall surface to the other.
5. A dormer.
6. A gable.
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7. Roof eaves with a minimum projection of twelve (12) inches from the
intersection of the roof and the exterior walls.
8. Roof line offsets of at least sixteen (16) inches from the top surface of one roof
to the top surface of the other.
•
S. An attached gauge.
10. Orientation of the long axis and front door to the street.
11. Cupolas.
12. Tile or shake roofs.
13. Horizontal lap siding.
G. Accessory Dwelling Units: Accessory dwelling units shall be subject to the
following development standards: (3/24/05)
1. The square footage of an accessory dwelling unit shall not exceed 6 percent of
the area of the lot of record on which it is located, or 720 square feet,
whichever is less. (3/24/05)
2. Yard setbacks for an accessory dwelling unit shall be the same as those
required for the primary dwelling. (3/24/05)
3. Only one accessory dwelling unit per lot of record is allowed. (3/24/05)
4. An accessory dwelling unit may: (3/24/05)
a. Be a detached structure; (3/24/05)
b. Be attached to another accessory structure; or (3/24/05)
c. Share at least one building wall, or portion thereof,with the primary
dwelling,provided that the accessory dwelling unit has a separate entrance.
"Wall" does not include a breezeway, porch, or awning. (3/24/05)
5. The exterior fmish materials of the accessory dwelling unit must be the same
as, or visually match, those of the primary dwelling. (3/24/05)
6. The front yard setback shall be no less than the setback of the front facade of
the primary dwelling excluding the porch, garage, and architectural features.
(3/24/05)
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7. If an accessory dwelling unit is attached to a primary dwelling,the accessory
dwelling entrance(s) shall be on the side or rear of the structure. An exception
to this requirement may be granted if there is no ground-level access to the
accessory dwelling unit, or if the primary dwelling has additional front
entrances prior to the development of an accessory dwelling unit and the total
number of entrances is not increased. Exceptions shall be subject to Planning
Director review pursuant to Subsection 1305.02. (3/24/05)
8. In addition to the required parking space(s) for the primary dwelling, one
additional off-street parking space located behind the front yard setback line
shall be provided for the accessory dwelling unit. (3/24/05)
9. Owner occupancy of either the accessory dwelling unit or the primary dwelling
shall be required. A deed restriction requiring owner-occupancy of one of the
dwelling units shall be recorded. (3/24/05)
H. Condominiums shall be subject to Design Review pursuant to Section 1102,
Section 803, and the provisions of Section 1005. (11/5/98)
I. Attached Single-Family Dwellings: In addition to the design standards in
Subsection 301.08(F), attached single-family dwellings shall be subject to the
following design standards: (3/24/05)
1. Minimum Street Frontage: 25 feet. (3/24/05)
2. Minimum Front and Rear Yard Setbacks: 20 feet. (3/24/05)
3. Minimum Side Yard Setback: 10 feet opposite the common wall. (3/24/05)
a. No setback shall be required from any side property line where two
dwelling units share a common wall. (3/24/05)
4. Maximum Lot Coverage: 50 percent. (3/24/05)
5. Maximum Building Height: 35 feet. (3/24/05)
6. Roofs: The roof of each attached single-family dwelling shall be distinct from
the other through either separation of roof pitches or direction, or other
variation in roof design. (3/24/05)
7. Design Review: Attached single-family dwellings shall be subject to design
review pursuant to Section 1102. (3/24/05)
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301.09 DEVELOPMENT STANDARDS
All development in these districts shall be subject to the applicable provisions of
Section 1000, as specified under Subsections 1001.02 and 1001.03. In addition, the
following specific standards shall apply:
A. Fences, Screening, and Buffering:No sight-obscuring structures or plantings
exceeding thirty(30) inches in height shall be located within a twenty (20) foot
radius of the lot corner nearest the intersection of two public, county or state
roads, or from the intersection of a private road or easement and a public, county
or state road. Trees located within a twenty(20) foot radius of any such
intersection shall be maintained to allow eight(8) feet of visual clearance below
the lowest hanging branches. (12/23/98)
B. Off-Street Parking:
1. At least one (1) off-street parking space located behind the front yard setback
line shall be provided for each dwelling unit.
2. Off-street parking for other permitted uses shall be as specified in Subsection
1007.07.
C. Subdivisions and Partitions
1. Developments and land which meet the criteria set forth in Subsection
1013.02B shall be required to develop as Planned Unit Developments, subject
to the provisions of Section 1013.
2. All subdivisions and partitions in these districts shall comply with the
Development Standards of Section 1000 and the procedures set forth in
Section 1100 (10/11/82).
D. Manufactured Dwelling Parks: Existing manufactured dwelling parks shall not be
redeveloped with a different use until a plan for relocation of the existing tenants
is submitted and approved by the Planning Director or his designate. (11/24/99)
E. Community Plans: All development within a Community Plan Area as described
in Chapter 10 of the Comprehensive Plan shall also comply with the specific
policies and standards for the adopted Community Plan. (6/29/00)
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