HomeMy WebLinkAbout2892 Effective Date: July 7, 2022
ORDINANCE 2892
AN ORDINANCE OF THE CITY OF LAKE OSWEGO AMENDING: LOC 50.01.006 NONCONFORMING
USES, STRUCTURES, LOTS AND SITE FEATURES; 50.02.001 RESIDENTIAL DISTRICTS; 50.03.002 USE
TABLE; 50.03.003 USE-SPECIFIC STANDARDS; 50.04.001 DIMENSIONAL TABLE; 50.05.001
GLENMORRIE R-15 OVERLAY DISTRICT; 50.05.004 DOWNTOWN REDEVELOPMENT DESIGN
DISTRICT; 50.05.006 OLD TOWN NEIGHBORHOOD DESIGN; 50.05.007 LAKE GROVE VILLAGE
CENTER OVERLAY DISTRICT; 50.05.010 SENSITIVE LANDS OVERLAY DISTRICTS; 50.06.001
BUILDING DESIGN; 50.06.002 PARKING; 50.06.003 CIRCULATION AND CONNECTIVITY; 50.06.004
SITE DESIGN; 50.06.007 SOLAR ACCESS; 50.07.003 REVIEW PROCEDURES; 50.08.002 MINOR
VARIANCES; 50.08.003 DESIGN VARIANCES; 50.10.003 DEFINITIONS; AND ADOPTING FINDINGS
(LU 22-0007).
WHEREAS, notice of the public hearing for consideration of this Ordinance was duly given in the
manner required by law; and
WHEREAS, in 2019 the Oregon Legislature enacted House Bill 2001 (2019), which requires cities
over 25,000 in population to allow the development of"middle housing" — including duplexes,
triplexes, quadplexes, townhomes and cottage clusters—within zones that allow for the
development of detached single-family dwellings; and
WHEREAS, a goal of the Lake Oswego City Council is to, "Conserve the community's quality of
life by planning for growth and change;" and
WHEREAS, an initiative of the Council is to, "Adopt codes that comply with HB 2001 that are
consistent with the community's sense of place, neighborhood character, and livability;" and
WHEREAS, the Council has held six separate study sessions regarding the implementation of HB
2001 from August 2019 through February 2022; and
WHEREAS, the Planning Commission has received staff updates at fourteen meetings on the
progress on the State's rulemaking process for HB 2001 from January 2020 through January
2021; and
WHEREAS, in December 2020, the State of Oregon adopted rules to implement HB 2001:
Division 46 of Chapter 660 of the Oregon Administrative Rules ("Division 46"); and
WHEREAS, City staff engaged the public early in the process, including a kickoff meeting,
interviews with neighborhood association representatives, and a survey that received over 880
responses from Lake Oswego residents in January and February 2021, all providing vital input
relating to the community's sense of place, neighborhood character, and livability; and
WHEREAS, on June 1, 2021, the Council adopted Resolution 21-18 creating an Ad-Hoc Middle
Housing Code Advisory Committee (MHCAC) to provide high-level policy guidance on key issues
Ordinance 2892 (LU 22-0007) PAGE 1 OF 3
related to middle housing implementation required under HB 2001; and
WHEREAS, on June 15, 2021, the Council adopted Resolution 21-19 to approve appointments of
a balanced membership of 13 voting members representing a diverse set of interests to the
MHCAC; and
WHEREAS, the MHCAC conducted six meetings between July and October 2021, where public
input was accepted, in order to develop conceptual code amendment recommendations
related to middle housing implementation;
WHEREAS, on November 16, 2021, staff and members of the MHCAC presented the MHCAC code
amendment recommendations at a joint meeting of the City Council and Planning Commission;
and
WHEREAS, the Council directed staff to pursue conceptual code amendment recommendations
developed by the MHCAC that are required pursuant to the minimum compliance provisions of
Division 46; and
WHEREAS, in December 2021, staff hosted a virtual Community Forum in order to provide
information on middle housing implementation and to allow for public input before drafting
recommended code changes; and
WHEREAS, the public engagement effort associated with the virtual Community Forum included
a middle housing website and online survey, available to the public through December 2021;
and
WHEREAS, the Planning Commission has held a total of nine work sessions from March 2021
through February 2022, with public comment to aid the Planning Commission on identifying
and clarifying the scope and issues of the proposed code amendments; and
WHEREAS, a public hearing before the Planning Commission was held on April 11, 2022, at
which the staff report, testimony, and evidence were received and considered; and
WHEREAS, the Planning Commission has recommended that LU 22-0007, with Planning
Commission recommended code amendments dated May 9, 2022 be approved by the City
Council; and
WHEREAS, a public hearing on LU 22-0007 was held before the City Council of the City of Lake
Oswego on May 17, 2022, at which the staff report, testimony, and evidence were received and
considered; and
WHEREAS, the public hearing before the Council was continued on June 7, 2022; and
WHEREAS, the Council finds that the Community Development Code should be amended to
Ordinance 2892 (LU 22-0007) PAGE 2 OF 3
allow middle housing while maintaining consistency with the sense of place, neighborhood
character, and livability of Lake Oswego pursuant to the minimum compliance provisions of
Division 46;
The City of Lake Oswego ordains as follows:
Section 1. The City Council hereby adopts the Findings and Conclusions (LU 22-0007), attached
as Attachment 1.
Section 2. The Lake Oswego Code is hereby amended by adding the new text shown in double
underlined type and deleting text shown in strikcthrougl}type in Attachment 2, dated May 9,
2022.
Section 3. Severability. The provisions of this ordinance are severable. If any portion of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance.
Enacted at the meeting of the Lake Oswego City Council of the City of Lake Oswego held on the
7th day of June, 2022.
AYES: Council President Wendland, Nguyen, Verdick, Rapf, Manz, Mboup
NOES: None
ABSENT: None
ABSTAIN: None
EXCUSED: Mayor Buck •
Joseph . Buck, Mayor
Date:: \ UY tla( (2601,)..,
ATTEST: TIL- r
14.0.____)
Kari Linder, City Recorder
APPROVED AS TO FORM:
Json oos, City Attorney
Ordinance 2892 (LU 22-0007) PAGE 3 OF 3
ATTACHMENT 1
LU 22-0007
(Ordinance 2892)
1 BEFORE THE CITY COUNCIL
2 OF THE CITY OF LAKE OSWEGO
3 A REQUEST FOR AMENDMENTS TO THE LU 22-0007
COMMUNITY DEVELOPMENT CODE FOR THE CITY OF LAKE OSWEGO
4 PURPOSE OF COMPLYING WITH THE MIDDLE FINDINGS AND CONCLUSIONS
HOUSING REQUIREMENTS OF OREGON HOUSE
5 BILL 2001, AND ADOPTING FINDINGS.
6
NATURE OF PROCEEDINGS
7
This matter came before the Lake Oswego City Council on the recommendation of the
8
Planning Commission for legislative amendments to the Community Development Code (CDC)
9
for the purpose of complying with Oregon House Bill 2001 (2019), state legislation requiring
10
that cities allow "middle housing" — including duplexes, triplexes, quadplexes, townhouses and
11
cottage clusters— in any zone that permits detached single-family dwellings. Proposed
12
amendments are to:
13
LOC 50.01.006.4 Damage and Reconstruction of Nonconforming Structures
14
LOC 50.01.006.5 Nonconforming Lots
15
LOC 50.02.001 Residential Districts
16
Table 50.03.002-1 Residential Districts Use Table
17
LOC 50.03.003.1 Use-Specific Standards for Residential — Permitted Uses
18
LOC 50.03.003.4 Conditional Use Standards for Group and Institutional Housing
19
LOC 50.03.003.5 Standards for Public, Institutional, and Civic Uses
20
Table 50.04.001-1 Residential Low-Density Zones Dimensions Table
21
LOC 50.04.001.1.d Additional Floor Area Standards for Residential Low-Density Zones
22
LOC 50.04.001.1.e Additional Yard Setback Standards for Residential Low-Density
23
Zones
24
LOC 50.04.001.1.f.i Maximum Lot Coverage Standards for Residential Low-Density
25
Zones
26
LOC 50.04.001.1.g.i Additional Height Standards for Low-Density Residential Zones
Table 50.04.001-3 Residential Medium-Density Zones Dimensions Table
ATTACHMENT 1/PAGE 1— FINDINGS AND CONCLUSIONS (LU 22-0007)
1 LOC 50.04.001.2.d.iv Additional Floor Area Standards for Residential Medium-Density
2 Zones
3 LOC 50.04.001.2.e Additional Yard Setback Standards for Residential Medium-
4 Density Zones
5 LOC 50.04.001.2.f.i R-5 Lot Coverage Standards
6 LOC 50.04.001.2.f.ii R-6 Lot Coverage/Impervious Surfaces Standards
7 Table 50.04.001-5 R-6 Zone Minimum Yard Setbacks Table
8 LOC 50.04.001.2.e.iii(3) R-DD Zone Yard Setback Standards
9 LOC 50.04.001.2.g.i(4) Additional Height Standards in the R-5 Zone
10 LOC 50.04.001.2.g.iv(2) Additional Height Standards in the R-DD Zone
11 LOC 50.04.001.3.c.iii Additional Lot Area and Floor Area Standards for Residential High-
12 Density Zones
13 LOC 50.04.001.3.e.v Additional Yard Setback Standards for Residential High-Density
14 Zones
15 Table 50.04.001-9 R-DD Maximum Lot Coverage Table
16 LOC 50.04.001.2.f.iii R-DD Lot Coverage Standards
17 LOC 50.04.001.3.d.ii(3) R-0, R-2, and R-3 Zone Exemptions
18 LOC 50.04.001.3.f.iv(1) Additional Height Standards for Residential High-Density Zones
19 Table 50.04.001-11 Residential High-Density Zones Dimensions Table
20 Figure 50.04.001-11[5] Height Measurement for R-W Zoned Lots
21 Table 50.04.001-12 R-2 Lot Coverage Table
22 Table 50.04.001-13 R-2 Yard Setbacks Table
23 LOC 50.04.004.1 Exemptions from Solar Design Standard
24 LOC 50.05.001.5 Glenmorrie R-15 Overlay District Plantings and Buffering
25 LOC 50.05.004.13 Downtown Redevelopment Design District Clear and Objective
26 Standards
LOC 50.05.006.4 Old Town Neighborhood Design Overlay District— Required Old
ATTACHMENT 1/PAGE 2— FINDINGS AND CONCLUSIONS (LU 22-0007)
1 Town Style
2 LOC 50.05.006.9 Old Town Neighborhood Design Overlay District—Additional
3 Requirements for Townhouse, Rowhouse, and Multiple-Family
4 Dwellings
5 LOC 50.05.007.3 Lake Grove Village Center Overlay District—Applicability
6 LOC 50.05.010.4.c Density Transfer for Sensitive Lands Overlay Districts
7 LOC 50.05.010.4.g Mitigation Standards for Sensitive Lands Overlay Districts
8 LOC 50.05.010.6 Standards Applicable to Resource Protection Districts
9 Table 50.06.001-1 Building Design Standards Applicability Table
10 LOC 50.06.001.2.a Applicability Standards for Structure Design — Residential Zones
11 LOC 50.06.001.3.a.i Roof Design Standards in the R-6 Zone
12 LOC 50.06.001.3.b Front Porch Standards in the R-6 Zone
13 LOC 50.06.001.3.c Alley Surfacing Standards in the R-6 Zone
14 LOC 50.06.001.4 Garage Appearance and Location
15 Table 50.06.002-3 Minimum Off-Street Parking Space Requirements
16 LOC 50.06.002.2.a.vi Parking Dimensions
17 LOC 50.06.003.1.d Standards for Access Lanes
18 LOC 50.06.003.2 On-Site Circulation— Driveways and Fire Access Roads
19 LOC 50.06.003.3 On-Site Circulation— Bikeways, Walkway, and Accessways
20 LOC 50.06.003.4 Street Connectivity
21 LOC 50.06.003.5 Transit System
22 LOC 50.06.004.1.c.iii Site Design —Standards for Installation and Construction
23 LOC 50.06.007.1.b Solar Access
24 LOC 50.07.003.13 Ministerial Development Decisions
25 LOC 50.07.003.14 Minor Development Decisions
26 LOC 50.08.002.2 Minor Variance Classifications
LOC 50.08.003.2.a R-DD Design Variance Classifications
ATTACHMENT 1/PAGE 3— FINDINGS AND CONCLUSIONS (LU 22-0007)
1 LOC 50.10.003 Definition of Terms
2
3 HEARINGS
4 The Planning Commission held a public hearing and considered this application at its
5 meeting on April 11, 2022. The Commission adopted its Findings, Conclusion and Order
6 recommending approval of LU 22-0007 on May 9, 2022.
7 The City Council held a public hearing and considered the Commission's
8 recommendation on May 17, 2022. The following information was presented to the Council and
9 added to the record:
10 G-008 Housing Land Advocates, Fair Housing Council of Oregon / 1000 Friends of
11 Oregon (A. Biddle &A. Lazo), dated 5/17/2022.
12
13 CRITERIA AND STANDARDS
14 A. Transportation Planning Rule (Chapter 660, Division 12)
15 OAR 660-12-0060(1)
16 B. Urban Growth Management Functional Plan-Metro Code
17 Title 7: Housing Choice [MC 3.07.730]
18 C. LCDC Administrative Rules
19 660-046 House Bill 2001 Rules
660-046-0030 Implementation of Middle Housing Ordinances
20
D. City of Lake Oswego Comprehensive Plan Policies:
21
Land Use Planning
22 Policies A-1, A-2, A-3, A-6, B-7, B-8, B-10, C-1, C-3, and C-5
23 Community Culture
Civic Engagement Policies 1, 3, 4, 5, 8, 9, 11
24 Historic Preservation Policy 3
25 Inspiring Spaces and Places
Goal 1, Policies 1, 2, 7, 8 and 9
26 Goal 2, Policies 4 (d and e)
Complete Neighborhoods & Housing
Policies A-2, A-3, A-4, B-1 and C-7
ATTACHMENT 1/PAGE 4— FINDINGS AND CONCLUSIONS (LU 22-0007)
1 Connected Community
Policies B-1, B-2, B-3, C-1, C-8 and F-2
2
Community Health and Public Safety
3 Public Safety, Police and Fire Protection Policies 1, 2, 3, and 10
Public Facilities and Services: Surface Water Management Policies 8 and 9
4 Public Facilities and Services: Water Treatment and Delivery Policies 2 and 3
Public Facilities and Services: Wastewater Collection and Treatment Policies 2 and 6
5 Sound Quality Policies 1 and 5
6 Evergreen Neighborhood Plan
Land Use: Residential Goal, Policies 1 and 2
7
First Addition Neighbors and Forest Hills Neighborhood Plan
8 Housing, Land Use, and Neighborhood Character Goals 1 and 2, Policies 1, 2, 3, 4, 5, 6, 8
and 9
9
Glenmorrie Neighborhood Plan
10 Land Use Planning Policies 3, 4, and 10
Housing Policy 1, 2, 3 and 4
11
Lake Forest Neighborhood Plan
12 Housing/ Residential Land Use Policies 3 and 4
13 Lake Grove Neighborhood Plan
Housing/ Residential Land Use Policies 1, 2, 3, 6
14
Old Town Neighborhood Plan
15 Goals 1, 2 3 and 5; Policies 1, 3 and 8
16 Palisades Neighborhood Plan
Land Use Policies 2, 3 and 4
17
Waluga Neighborhood Plan
18 Land Use Planning Policy 2
Housing Goals 1 and 3, Policy 4
19
D. City of Lake Oswego Community Development Code
20
LOC 50.07.003.3.c. Published Notice for Legislative Hearing
21 LOC 50.07.003.16a Legislative Decisions Defined
LOC 50.07.003.16b Criteria for Legislative Decision
22 LOC 50.07.003.16c Required Notice to DLCD
LOC 50.07.003.16.d.iii Planning Commission Recommendation
23 LOC 50.07.003.16.e City Council Review and Decision
24
FINDINGS AND REASONS
25
The City Council incorporates the Planning Commission Staff Report dated March 7,
26
2022 (Exhibit D-1) for LU 22-0007, with all exhibits, the Supplemental Staff Memo dated April 1,
2022 (Exhibit D-2), the Findings and Conclusions in the Commission's May 9, 2022 Findings,
ATTACHMENT 1/PAGE 5— FINDINGS AND CONCLUSIONS (LU 22-0007)
1 Conclusions and Order, and the staff Council Report dated May 4, 2022, as support for the
2 Council's decision.
3 The Housing Land Advocates, Fair Housing Council of Oregon, and 1000 Friends of
4 Oregon ask the Council to further amend the proposed code amendments to (a) include the
5 option for detached units in the -plex developments, (b) eliminate or reduce on-site parking
6 requirements for duplexes, triplexes and quadplexes, and (c) density bonuses for developers
7 that commit to meeting affordability, accessible, or tree preservation requirements. Exhibit G-
8 008.
9 The Council finds that the request was not presented to the Planning Commission as
10 part of its consideration of the draft amendments; that any Council consideration of the
11 requested options should include the opportunity for Planning Commission review and
12 recommendation to the Council [see generally, LOC 50.07.003.16.d.i]; that per HB 2001 (2019),
13 Section 3(1)(b), the City must adopt middle housing code amendments by June 30, 2022; and
14 that the consideration of the options are not required for compliance with HB 2001 and its
15 implementing rules, OAR Division 660-046. Accordingly, the Council finds there is not sufficient
16 time to orderly consider the requested options and still meet the statutory timeline for
17 adoption of these amendments. The Council declines, at this stage, the request to consider the
18 options proposed.
19
20 CONCLUSION
21 The City Council concludes that LU 22-0007, as recommended by the Planning
22 Commission, complies with all applicable criteria and should be approved. The Council also
23 concludes that proposed Ordinance 2892, which implements LU 22-0007, should be enacted.
24
25 AYES: Council President Wendland, Nguyen, Verdick, Rapf, Manz, Mboup
26 NOES: None
ABSENT: None
ATTACHMENT 1/PAGE 6— FINDINGS AND CONCLUSIONS (LU 22-0007)
1 ABSTAIN: None
2 EXCUSED: Mayor Buck
3
4 DATED this 7th day of June, 2022.
5
\o
7 Joseph N . Buck, Mayor
8 011‘11
9 ATTEST:
Kari Linder, City Recorder
10
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ATTACHMENT 1/PAGE 7 — FINDINGS AND CONCLUSIONS (LU 22-0007)
LU 22-0007—Middle Housing Code Amendments Page 1/59
Attachment 2 - Ord. 2892
City Council Recommended Version—6/7/22
50.01.006 NONCONFORMING USES, STRUCTURES, LOTS AND SITE FEATURES
///
4. DAMAGE AND RECONSTRUCTION OF NONCONFORMING STRUCTURES
a. Single-Family and Duplex Middle HousingDwellings,Accessory Structures, and Historic
Landmarks
This subsection is applicable to nonconforming single-family{attached or detached) and duplex
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.
///
b. Structures Other Than Single-Family or Duplex Middle Housing Dwellings,Accessory Structures,
and Historic Landmarks
///
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
reauirements of the zone.
///
LU 22-0007—Middle Housing Code Amendments Page 2/59
Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
50.02.001 RESIDENTIAL DISTRICTS
1. RESIDENTIAL-LOW DENSITY ZONES
///
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.
2. RESIDENTIAL-MEDIUM DENSITY ZONES
///
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.:
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.
///
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:
///
(4) Preserving the small-town character of the existing streetscape by allowing
single-family and middle housiog development that is human scale and pedestrian oriented.
///
3. RESIDENTIAL-HIGH DENSITY ZONES
///
LU 22-0007—Middle Housing Code Amendments Page 3/59
Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
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.
////
LU 22-0007—Middle Housing Code Amendments Page 4/59
Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
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 1 1 1 1 1 1 1 1
Dwelling, PP P PPP PPPP
single-family [1]
detached dwelling
(one per lot)
Dwelling „ l t P P P PPP — PPP —
linc (onc per lot}
Dwelling, duplex P P P PP P P PPP
(one per lot)
Dwelling, attached P P P PP P P PPP 50.03.003.1.e
townhomc
Townhouse
Project(one per
Household lot}
Living Cottage cluster P P P PP P P PPP 50.03.003.1.d
(one per lot)
Dwelling, P P P P
multi-family
Dwelling. PP P PPP PPPP
auadplex
Dwelling.triplex P P P PP P P PPP
Manufactured P P P PP P P PPP 50.03.003.1.b
home (one per lot)
Manufactured P P P 50.03.003.1.c
home park or
subdivision
LU 22-0007—Middle Housing Code Amendments Page 5/59
Attachment 2 - Ord. 2892
City Council Recommended Version—6/7/22
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]
///
///
LU 22-0007—Middle Housing Code Amendments Page 6/59
Attachment 2 - Ord. 2892
City Council Recommended Version—6/7/22
50.03.003 USE-SPECIFIC STANDARDS
1. RESIDENTIAL—PERMITTED USES
///
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 7/59
Attachment 2 - Ord. 2892
City Council Recommended Version—6/7/22
Alley
f
I I
I I
) 7Ir)(
I , I
l LJ!
421 Pedestrian Porch
I { Path i
I I
Gammon
Courtyard
I � I
N-<:
' 15'MIN
D AL
� I
— — — — — — — — — — — — — — — — — i Profterty L4-12— — — — — — — — — — — — —
Sidewalk
Street Parking
Public Street
LU 22-0007—Middle Housing Code Amendments Page 8/59
Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
l L]k ) A minimum of 50% of cottages must be oriented to the common courtyard.
CI Cottages oriented to the common courtyard must be within 10 feet of the courtyard_
0 Cottages must be connected lathe common courtyard by a pedestrian path_
LJ J Cottages must abut the courtyard on at least two sides of the courtyard.
i 1 The common courtyard must be at least 15 feet wide at it narrowest width_
(11 Each cottage cluster shall include no more than one common courtyard Der lot that
meets the following standards:
(a) The common courtyard must be a single. contiguous piece on one lot;
(IA Cottages must abut the common courtyard on at least two sides of the common
courtyard:
(cl The common courtyard must contain a minimum of 150 sa.ft. Der cottage
within the associated cluster;
(dl 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.
Lgl Paths that abut a courtyard shall count toward the courtyard's minimum
dimension and area. Parking areas. reauired setbacks. and driveways do not aualifv as
part of a common courtyard.
121 A common courtyard may function as a community yard. Hard and soft landscape features
may be included in a common courtyard. such as pedestrian oaths. lawn. groundcover. trees.
shrubs. patios. benches. or gazebos.
iii. Cottage Orientation
111 Each cottage within a cluster must either abut a common courtyard or must be
connected to it by a pedestrian path.
(21 A minimum of 50%of cottages within a cluster must be oriented to the common
courtyard bpi:
LU 22-0007—Middle Housing Code Amendments Page 9/59
Attachment 2 - Ord. 2892
City Council Recommended Version—6/7/22
(al Having a primary entrance into to the living area of the cottage facing the
common courtyard:
Ibl 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 reauired otherwise
by subsection (1) above.
(41 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.
See Figure 50.03.003-D: Cottage Cluster Orientation and Common Courtyard Standards.
iv. Community Buildings
(11 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 eat:!ng arevs. Community buildings must meet
the following standards:
(a) 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
Jb) A community building that meets this Code's definition of a dwelling unit must
meet the maximum 900 sa. 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
(11 A pedestrian circulation plan is reauired 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
LU 22-0007—Middle Housing Code Amendments Page 10/59
Attachment 2 - Ord. 2892
City Council Recommended Version—6/7/22
Figure 50.03.003-E: Cottage Cluster Parking Design Standards
Cottage
XI 1111 : )11 DOX
4 Landscioe
Suffer Padestnan Pc.2n
4 L.1 >-< L
�
1 <[ jLaPI
: r
4 nn►inrtyard C
C
0, Ili&WAv Mill Zo, r Driveway
-- Ilk 44Ik
MI h1 0 Screening Gangs
— Soderilk T
M.
Street Parking—111
Public Street
p ] Parking allowed in clusters r f up to 5 Spaces_Clusters separated b5.mirIRourrI A reel cif landscaping.0
[ FC ] No parking ix vehicle area willtiln 20 feet from street property Ilr ie[exeepl alleyy.
C ] No parking wclhin 10 teat from clriee property Ilnes{exaepi alley),Clitlieways end drive slsles perrnitted wdhin 10 feet.
L ]J Screening requu act barween clustered parking areas or parking sr.ruciures and public strews or comnnan ooutyards.
CIGarages ano calrparts muss riot ECM mmrn4n courtyards Garage tloors for Inds dual garages must not exceed 20 leet In w►dlh.
(1) Clustered Parking
LU 22-0007—Middle Housing Code Amendments Page 11/59
Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
Off-street parking shall be arranged in clusters. subject to the following standards:
fa) Cottage cluster developments with fewer than 16 cottages are permitted
parking clusters of not more than five abutting spaces;
(bl Cottage cluster developments with 16 cottages or more are permitted parking
clusters of not more than eight abutting spaces.
Jc) Parking clusters must be separated from other parking spaces by at least four ft.
of landscaping,
Jdl Clustered parking areas may be covered.
(21 Parking Location and Access
(a) 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.
Jb) 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.
Jcl 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.
131 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.
(41 Garages
(a) Garages (whether shared or individual) shall not abut common courtyards;
Jb) Individual detached garages must not exceed 400 sa. ft. in floor area.
Jc) Garage doors for attached and detached individual garages must not exceed 20
ft. in width.
Jd) 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 sa.ft. in gross floor area.
viii. Existing Structures
LU 22-0007—Middle Housing Code Amendments Page 12/59
Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
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:
(1) The existing dwelling may be nonconforming with respect to the reauirements of this
subsection (d).
(21 An existing dwelling that is less than the maximum height of the underlying zone or the
maximum building footprint of 900 sa_. 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.
(41 The existing dwelling shall be excluded from the calculation of orientation toward the
common courtyard. Der subsection d.ii(11.
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.
e. Townhouse Proiects
In addition to the standards in Subsections a-c. above. no more than four units shall be allowed in an
attached townhouse structure.
///
4. CONDITIONAL USE STANDARDS FOR GROUP AND INSTITUTIONAL HOUSING
a. Residential Care Housing and Congregate Housing
i. Generally Applicable Standards
///
(3) Within the allowed singlc 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.
///
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
LU 22-0007—Middle Housing Code Amendments Page 13/59
Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
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;duplcx, rowhousc or zcro lot lincor middle housing dwclling.
///
LU 22-0007—Middle Housing Code Amendments Page 14/59
Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
50.04.001 DIMENSIONAL TABLE
1. RESIDENTIAL LOW DENSITY ZONES
a. Dimensional Standards
///
TABLE •.•-.• • . - TIAL L• - ES -
R-7.5 R-10 R-15 Comments/Additional
Standards
///
MIN. LOT DIMENSIONS[3] I 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) l I l
Area (sa. ft.) 1,500 1,500 1,500
Width (ft.) 15 15 15
Death (ft.) — — —
MAX. FLOOR AREA 7 8 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
Cottage Clusters
Front (ft.) 10 10 10
Interior Side /Side Adiacent to 10 10 10
Street (ft.)
Rear(ft.) 10 10 10
///
LU 22-0007—Middle Housing Code Amendments Page 15/59
Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
TABLE 50.04.001-1: RESIDENTIAL LOW DENSITY ZONES DIMENSIONS
R-7.5 R-10 R-15 Comments/Additional
Standards
[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. auadnlexes. and cottage cluster developments are exempt from
maximum density standards. For townhouse projects.the maximum density is four
dwelling units per eauivalent minimum lot area reauired per single-family dwelling in
that zone.
[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.
[71 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
Cottage Cluster and 50.03.003.1.d Use-Specific Standards for Cottage Clusters.
[81 Maximum floor area standards for townhouses shall be applied to a townhouse
project. and not to individual townhouse lots or dwellings. See also 50.04.001.1.d.v
Maximum Floor Area of Townhouses.
///
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 sa.ft.
R-10 and R-15: 1.200 sa.ft.
v. Maximum Floor Area of Townhouses
Maximum floor area 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 16/59
Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
e. Yard Setback—Additional Standards
///
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.
///
vii. Cottage Cluster Building Separation
Cottages shall be separated from each other by a minimum distance of 10 feet.
f. Lot Coverage—Standards
i. Maximum Lot Coverage
///
(11 Cottage clusters are exempt from maximum lot coverage standards.
( (21 Maximum lot coverage standards shall be applied to a townhouse project. and not to
individual townhouse lots or dwellings.
///
g. Height—Additional Standards
A greater height than otherwise permitted is allowed for:
i. Single-Family Dwellings and Middle Housing
////
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
///
MIN. LOT
DIMENSIONS 50.04.001.2.c
Single-Family,
LU 22-0007—Middle Housing Code Amendments Page 17/59
Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
TABLE 50.04.001-3: RESIDENTIAL MEDIUM DENSITY ZONES DIMENSIONS
R-6 R-5 R-DD I Comments/Additional
Standards
Duplex and
Triplex Dwellings:
Townhouse
Projects
SF/Duplex. 5,000-
Area (sq. ft.) 6,000 per du 5,000 per du (tetal); MD 15,000 Except PD
{total) [4]
Width (ft.) 50 — —
Dcpth (ft.) — — — —
Cottage Clusters
and QuadDlexes
Area (sa.ft.1 7.000 7.000 7.000
Width (ft.) 50 —
Townhouses(one
per lot)
Area (sa. ft.) 1,500 1,500 1,500
Width (ft.) 15 15 15
MAX. FLOOR
AREA[6] 50.04.001.2.d
///
[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. auadalexes. and cottage clusters in residential zones are exemat
from maximum density standards. For townhouse projects in residential zones.the
maximum density is four dwelling units Der eauivalent minimum lot area reauired
Der 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.
LU 22-0007—Middle Housing Code Amendments Page 18/59
Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
TABLE 50.04.001-3: RESIDENTIAL MEDIUM DENSITY ZONES DIMENSIONS
R-6 R-5 R-DD Comments/Additional
Standards
and rounding down to the nearest whole number. Duplexes.triplexes. auadolexes.
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 eauivalent minimum lot area reauired per single-family dwelling in that zone.
///
161 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.
///
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.
e. Yard Setback—Additional Standards
i. R-5 Yard Setback Standards
(1) Required Setbacks
TABLE 50.04.001-4:YARD SETBACK REQUIREMENTS
Structure Type Front(ft.) Side(ft.) Rear(ft.)
Attached Dwelling 10— Exterior Wall
including Duplexes.
Triplexes. 10 10
Ouadolexes. and 0—Attached Wall
Townhouse Projects
Detached Dwelling 5—Side Yard
20 20
10—Street Side
LU 22-0007—Middle Housing Code Amendments Page 19/59
Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
11111. TABLE 50.04.001-4:YARD SETBACK REQUIREMENTS I
Structure Type Front(ft.) Side(ft.) Rear(ft.)
Yard
Cottage Clusters 10 10 10
Other Types of
Primary Structures 10 10 10
and All Accessory
Structures
(2) Additional Setback Standards and Modifications
(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.
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
iii. R-DD Yard Setback Standards
(3) Multi-Family Dwelling and-Buplex-Development in R-DD
LU 22-0007—Middle Housing Code Amendments Page 20/59
Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
(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 development, or the 2nicvrsian or reconstruction of an existing duplex
develc rent in the II DC zone subject to DRC reviewnlhal lee act back from the boundary
of the less intensive use by at least 15 ft.when the proposed development:
grcat':r then 28 ft. in height, and
(ii) Alevti en existing, less intensive s„lgn+%al N1
(eb) Developments subject to subsection 2.e.iii(3)(a)or(b) 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.
///
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.
f. Lot Coverage/Impervious Surfaces—Additional Standards
R-5 Lot Coverage
(1) Maximum Lot Coverage
(a) The following maximum lot coverage percentages are applicable to townhouse
proiects and single-family detached. duplex.triplex. and auadplex structures in the R-5
zone:
TABLE 0.04.001-7: 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.
LU 22-0007—Middle Housing Code Amendments Page 21/59
Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
(c) The maximum lot coverage for all other structures in the R-5 zone is 50%.
///
ii. R-6 Lot Coverage/Impervious Surfaces
///
(4) Cottage clusters are exempt from maximum lot coverage standards.
(5) Maximum lot coverage standards shall be applied to a townhouse project. and not to
individual townhouse lots or dwellings.
iii. R-DD Lot Coverage
(1) The following maximum lot coverage shall be permitted in the R-DD zone:
TABLE 50.04.001-9: R-DD MAXIMUM LOT COVERAGE
Dwelling Type Maximum Lot Coverage
Single-Family Detached 35%
Duplcx, Zcro Lot LineMiddle 45%
Housing
Multi-Family Dwelling 55%
(2) The following manimmAimounts 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(1l for maximum impervious surface coverage standards applicable to
cottage clusters.=
Tn QI C 50 nn nn7_9 n• D_Illl MAXI l\nUM IAADCD\/IOUS CI RFACE
Maximum ImpermcabIc Curfacc
Owelli....Type
Mewed
Single Family Detached 60%
Zoro Lot Lino 60%
M lti Family Dwelling and 60%
Rowhousc
(3) Cottage clusters are exempt from maximum lot coverage reauirements of the zone.
(.2-)J41 Maximum lot coverage standards shall be applied to a townhouse project. and not to
individual townhouse lots or dwellings.
g. Height—Additional Standards
LU 22-0007—Middle Housing Code Amendments Page 22/59
Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
i. R-5 Height Restrictions for Primary Structures
///
(4) Exceptions to Base Building Height
I 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.
///
iv. R-DD Additional Height Standards
///
(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
Idetached 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.
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:
TABLE 50.04.001-11: RESIDENTIAL HIGH DENSITY ZONES DNENSIONS
R-W R-3 R-2 R-0 [6] Comments/Additional
Standards
///
MIN. LOT
DIMENSIONS 50.04.001.3.c
Sin le Famil
and D lex
Dwelli s•
Town ouse
Pro'ec s•
ea (sq. 3,375 3,375 No min. No min.
No min. for PD
Per Dwelling 3,375 3,375 " , No min.
Triplexes
LU 22-0007—Middle Housing Code Amendments Page 23/59
Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
TABLE 50.04.001-11: RESIDENTIAL HIGH DENSITY ZONES DIMENSION
R-W R-3 R-2 R-0[6] Comments/Additional
Standards
Area (so. 5,000 5,000 5,000 5.000
ft.)
Cottage Clusters
and Quadplexes
Area (sa. 7,000 7.000 7,000 7.000
ft.)
Town ousel
(one p r lot)
q ea (so. 1,500 1,500 1,500 1,500
ft.)
Multi-=amity
Dwellings
Area (so.
ft.) = 3.375 = No min.
Per
Dwellip = 3.375 = No min.
MAX. FLOOR
AREA7] 50.04.001.3.c
Residential No max. 1:1 1.2:1 1.2:1
Conditional Use Established as part of the conditional use process
Nonresidential 1:1 1:1 1:1 1:1
///
YARD SETBACKS 50.04.001.3.e
///
Cottage Clusters
Front (ft.) 0 10 10
Interi Ir Side/
Side Aiiiacent to 0 10 Table 10
Street (ft.) 50.04.001-13
Rear (I .) 0 10 10
MAX. BASE
50.04.001.3.f
HEIGHT(FT.)
LU 22-0007—Middle Housing Code Amendments Page 24/59
Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
TABLE 50.04.001-11: RESIDENTIAL HIGH DENSITY ZONES DIMENSIONS
R-W R-3 R-2 R-0[6] Comments/Additional
Standards
///
From Oswego
Lake Surface 2425/27 [5] — — —
Elevation
///
///
[3] Computed by dividing the net developable area by the minimum lot area per unit and rounding down to the
ne rest whole number. Duplexes.triplexes. auadolexes. and cottage clusters are exempt from maximum density
sta dards. For townhouse proiects. the maximum density is four dwelling units per eauivalent minimum lot area
required per single-family dwelling in that zone.
1
///
[5] For any portion of the lot above the Oswego Lake Surface Elevation, maximum building height shall not exceed
24-kft. 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
Oswego Lake Surface Elevation shall extend landward until it meets the 2-425 ft. height limit for the portion of the
lot above the Oswego Lake Surface Elevation. See Figure 50.04.001-11[5].
///
[71ICottage 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
Flgbr Area of Units in a Cottage Cluster and 50.03.003.1.d Use-Specific Standards for Cottage Clusters.
LU 22-0007—Middle Housing Code Amendments Page 25/59
Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
Figure 50.04.001-11[5]: Height Measurement for R-W Zoned Lots
WWI 51.4r4orfiegghtilmaenx+eaee•}ded Lonivwci
27 ft_
24 It.
/i+rerst,' rOniego.t
ake
Surface Elevation
f-Br— — & irnmytdn
Weed 5ur44e he+tht]Imilat:''r+t+kehde+r uhrhyt rd
I L
aS
Ovfflego Coke
Surlxa Elevation
c. Lot Area and Floor Area—Additional Standards
///
iii. Maximum average floor area for dwelling units within a cottage cluster shall be 1.000 sa.ft.
LU 22-0007-Middle Housing Code Amendments Page 26/59
Attachment 2 -Ord. 2892
City Council Recommended Version-6/7/22
iv. Maximum floor area standards for townhouses shall be applied to a townhouse project. and
not to individual townhouse lots or dwellings.
d. Lot Coverage-Additional Standards
i. R-2 Lot Coverage
. TABLE 50.04.001-12:R-2 MAXIMUM LOT COVERAGE
Structure Type Max. Lot Coverage(%)
Single-Family Detached 35
Singlc Family Attached 5-5
RowhouscTownhouse Project 55
Duplex.Triplex. and Quadplex 55
Other Structures 50
ii. R-0, R-2, and R-3 Exemptions
///
(31 Cottage clusters are exempt from maximum lot coverage reauirements.
(41 Maximum lot coverage standards for townhouses shall be applied to a townhouse
proiect. and not to individual townhouse lots or dwellings.
e. Yard Setback-Additional Standards
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 40
RowhousoTownhouse 10 7 0- 10
Project
Triplex 10 7 - 10
Quadplex 10 7 - 10
Cottage Cluster 10 10 - 10
LU 22-0007—Middle Housing Code Amendments Page 27/59
Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
TABLE 50.04.001-13: R-2 YARD SETBACKS
Side(ft.)
Structure Type Front(ft.) Rear(ft.)
Exterior Attached
///
///
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.
v. Cottage Cluster Building Separation
Cottages shall be separated by a minimum distance of 10 feet.
f. Height—Additional Standards
///
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 28/59
Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
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.
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.
///
LU 22-0007—Middle Housing Code Amendments Page 29/59
Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
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:
///
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
////
LU 22-0007—Middle Housing Code Amendments Page 30/59
Attachment 2 - Ord. 2892
City Council Recommended Version—6/7/22
50.05.004 DOWNTOWN REDEVELOPMENT DESIGN DISTRICT
///
13. CLEAR AND OBJECTIVE HOUSING STANDARDS FOR APPROVAL
///
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 more urA6) h. x ng that cr ates new dwelling units may comply with this article in lieu of
compliance with LOC 50.05.004.1 through 50.05.004.12.
///
LU 22-0007—Middle Housing Code Amendments Page 31/59
Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
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.
(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 Townhouscs: 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.
ii. Cape Cod
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Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
///
(2) Required Design Elements
Structures built according to the Cape Cod style in Old Town shall provide the following
required design elements:
(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 townhousc
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.
(f) Windows:
///
(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.
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.
(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
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.
(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
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Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
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.).
(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.
9. ADDITIONAL REQUIREMENTS FOR TOWNHOUSE, ROWHOU SE ARID MULTI_AL -FAMILY
DWELLINGS
a. Purpose
The following standard ensures that new townhomcs, rowhouscs, 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, rowhousc, and 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.
i. Townhouses and rowhousoc hall ?ravide articulated building facades and rooflincs in
accordance with LOC 50.06.001.7.c.ii, Building Articulation for Townhouse/Rowhouse Structures.
mu. 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.
Parking spaces may not be located within the front setback or between the building and
any street frontage.
////
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Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
50.05.007 LAKE GROVE VILLAGE CENTER OVERLAY DISTRICT
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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 towns om,3c,and middle housine._
the pedestrian features standards of subsection 5.d of this section do not apply.
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(61 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. provided that the conversion does not increase nonconformance with applicable
standards.
£.Z) 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.
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Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
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 Tvpe
Lot density transferred pursuant to this section may not be used to develop a triplex. auadplex.
townhouse. or cottage cluster.
///
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.
////
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:
///
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Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
iii. 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.
///
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
I 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.
////
LU 22-0007—Middle Housing Code Amendments Page 38/59
Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
50.06.001 BUILDING DESIGN
1. APPLICABILITY
This section is applicable as follows:
TABLE 50.06.$' • - I I I 1 PLICABILITY
/A/=Applicable/blank/= Not Applicable
Additional
Base District R-15 R-10 R-7.5 R-6 R-5 Standards
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).
///
[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,townhouses 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.
///
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:
///
(2) Zero lot line dwellingsMiddle housing: and
{3; 'i loxes; and(43) Structures that are accessory to these development types listed
above.
iii. Conversions of single-familv 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.
provided that the conversion does not increase nonconformance with applicable standards.
iv. For additions to single-familv 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.
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Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
Existing non-conforming portions of the structure to remain in place are exempted from the
standards of this subsection.
///
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.
///
b. Front Porch Required
i. All new primary structuresdwelling5 shall include a covered front porch at an the main entry_
When applied to cottage clusters.this standard applies to cottages for which there are no other
structures between it and the front lot line.
ii. the hx cThe porch shall have a minimum depth of six ft. and a 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 covered front porch and main entry shall be provided on the narrow
street frontage. On lots with more than two street frontages,the front porch and main entry shall
be provided on the front yard providing the full depth required by the zone, as determined by LOC
50.04.003.6.
ivii. The covered front porch shall be open and unobstructed by structures on the side of the
porch that faces the narrow street. except for porch supports and railings. 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. Railings shall not exceed 44 inches in height or the minimum height required
by the building code.whichever is greater.
iv. A pedestrian front entry path shall provide direct access from the 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.
c. Alleys
Alleys shall be surfaced in the following manner:
i. Alleys that serve single-family or middle housing residences only shall be paved with gravel or
permeable material.
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Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
ii. Alleys that serve commercial or,multi-family dwelling, townhousc, rowhouse, or duplex_
development, major public facilities structures, or institutional uses shall be paved with asphalt or
concrete.
///
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 line dwellings Middle housing. a-R4
13) C\iplexes;.
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.
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:
IS) The width of a parcel is lore Own 50 ft.; =or
(b The garage is proposed to be set back at least 60 ft.from the public right-of-way.
LU 22-0007—Middle Housing Code Amendments Page 41/59
Attachment 2 - Ord. 2892
City Council Recommended Version—6/7/22
Figure 50.06.001-L: Garage Design Requirements
5
'0
_.\\7(1
r/ '...,Jiro _
1 \ En. Ea 1
- :.--i-l ---•--,77-r---- _-.
,i_ , L. 7 — — — —
'IM\
outdoor kiting area - - - ..-_ -. ._. .
—.w.,
•
wood CFI stone
0
opeble gate -1
ra fenctrbg
., 4 ,-.)-Th
ill _...„, . it
i 3 II • --- - 1
-1- . F-gaii .a-;iii i 'il
_ _ _ _ II E. :i1 .Ir l�
i
outdoor living area i
i - wi 89' ..
wand a'stone
jillikilli. operable gate fencing
LU 22-0007—Middle Housing Code Amendments Page 42/59
Attachment 2 - Ord. 2892
City Council Recommended Version—6/7/22
iv. Garage Location and Appearance Standard;
The garage shall comply with subsections 4.a.iv(1) through (3) of this section:
(1) Maximum Garage Width
Ja) For lots with a width of 50 ft. or more. garage openings shall not occupy more tha.
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 UD 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.:
Living area is provided above the garage.The frontfacade 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
(12) Dwelling Shall Be Closer to the StreetMinimum Garage Offset from Dwelling
Ja) If the width of the garage is less than 30% of the width of the front facade of the
dwelling. then Thothe 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 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.
(2) Garage Width
t 11 i) Th^ garage elevatizn r.!NA not occupy more than 60%of the width of the combined
facade of the dwelling and garage; or
LU 22-0007—Middle Housing Code Amendments Page 43/59
Attachment 2 - Ord. 2892
City Council Recommended Version—6/7/22
(b) For duplexes and zero lot line dwellings, garages may occupy up to 75%of thc width
of the front facade of thc dwelling and garage when thc following criteria arc satisfied:
4) The lot width of the lot upon which the duplex is located or the combined total
lot width for the two lots upon which the zero lot line dwellings are located is less than
88 ft.; and(ii) The total combined width of all garage doors does not exceed 36 ft.;
aid
{+ii) Living area is provided above the garage.The front facade of the living ar a
rne.t have fenestration that is n l cc thin 20% of the facade; and
_(iv) One or more of the following provided:
1. Pergolas or trellises arc provided across the entire front of the garage; or
_. A covered ch occupies-at least 25-%-of the facad
3. An enclosed outdoor living space is located between the front of the
house,the garage, and the public right of way.The encloc�wo call consist of
wood, wrought iron, brick, stucco, stone, or other masonry fencing (excluding
concrete block) and include an operable entryway gate as shown in Fig re-
50 06 00 I . G_- -age Design Regu„-ements. and
///
(3) Garage Appearance Standards
Garages shall comply with at I ast 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 50.06.001-2.4) Set the
garage an additional two ft. further from the front property lino than the facade of the
dwelling;
(ba) Provide individual garage doors, not to exceed 75 sq. ft. each, for each parking
stall.
(b) Provide i al ga ge doors-that do not exceed 5A the width of the-
combined facade of the dwellings and n s� en the of pl duexes and a let
line dwellings, 50%of the width of the combined facade of the dwellings and garages.
back at least two f+.further from the front erty line Thar.tkc facade of the other
garage opening;
(b) Provide separate earaee openines offset from one another by at least two ft
horizontally.
f cl Provide windows on each earage door that make uo a minimum of 15% of the
area of the door.
LU 22-0007—Middle Housing Code Amendments Page 44/59
Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
(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.
awl Provide n offset from other by at least true ft
herizontall..
rrvnrvrrccm
f el Provide a covered porch that occupies at least 25%of the combined facade of
the dwelling and garage.
ffl 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 fencira,
(excluding concrete block) and include an operable entryway gate as shown in Figure
50.06.001-L: Garage Design Reauirementi.
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:
///
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 eaual to at least 10%of the
garage wall.
iii. LocationGarage 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
standardscithcr:
(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.zcro lot line dwellings, garages may either
comply with cubccction 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
wwcllin-gcarc located is lore+.Jan 32 ft.; and
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Attachment 2 - Ord. 2892
City Council Recommended Version—6/7/22
(ii) The total combined width of all garage doors does not exceed 36 ft.; and
(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; and.
{iv) One or more of the following is provided:
{A) Pergolas or trellises arc provided across the entire front of the garage, or
{B) A covered porch that occupies at least 25% of the facade.
///
iii. Garage Wall Facing Strcct
Why/c g ge has wall(s) facing a ctroct other:rrn'ho wall con�inine the ^ ^,these
wall;) chhwll have more thran ono piano or al-all include f r,c t7 tian equal to at least 10%of the
garage wall.
iv. Garage Location and Appearance
(11 Minimum Garage Offset from Dwelling
(al 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 gating this subsection,the exterior wall of at least one room of habit,
space. other than any habitable space above the garage. shall be located closer to the street
Iljaa.the garage door. Habitable space above a garage shall be considered alLacceptable
method of meeting this standard for remodeling projects involving homes built prior to
(insert month and year of the effective date of this Ord.l.
(bl 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.
(21 Garage Appearance Standards
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.
fa) Provide individual garage doors. not to exceed 75 sa. ft. each. for each parking
stall.
fb) Provide separate garage openings offset from one another by at least two ft
horizontally.
�c1 Provide windows on each garage door that make up a minimum of 15%of the
area of the door.
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Attachment 2 - Ord. 2892
City Council Recommended Version—6/7/22
Jdl 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 too and along the width of the garage door(s) and shall be at least
12 in. deep and six ft.tall.
Sgl 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 entrvwa gate as shown in Figure
50.06.001-L: Garage Design Reauirements.
///
5. COMMERCIAL, INDUSTRIAL,AND MULTI-FAMILY DEVELOPMENT NOT LOCATED IN THE
FMU ZONE,AND MINOR DEVELOPMENT IN THE R-DD ZONE STANDARDS FOR APPROVAL
a. Applicability
This standard is applicable in all zones except the FMU zone to:
///
ii. Minor and major development: development involving a structure for commercial, industrial,
institutional, public use (including major public facilities and minor public facilities), private
recreational use, multi-family residential,townhousesattachcd singlc 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 pursuant to LOC 50.07.003.13.a.ii(3).
///
LU 22-0007—Middle Housing Code Amendments Page 47/59
Attachment 2 - Ord. 2892
City Council Recommended Version—6/7/22
50.06.002 PARKING
///
2. STANDARDS FOR APPROVAL
a. Vehicle Parking
///
TABLE 50.06.002-3: MINIMUM OFF-STREET PARKI► '_ RE' : u
Type of Use Parking Space Required [1]
///
(A) RESIDENTIAL
1. Single-family dwelling and middle housineduplcx 1 space per dwelling unit
///
///
vi. Parking Dimensions
///
(2) The minimum dimension to meet single-family and middle housine residential parking
space requirements shall be eight ft. six in. wide and 18 ft. six in. long for each space.
///
LU 22-0007—Middle Housing Code Amendments Page 48/59
Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
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:
///
ii. Access to two to three dwclling unitslots—12 ft. of pavement with a four-ft. shoulder on
each side.
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.
iv. Access lanes shall only serve lots improved with detached single-family or duplex dwellings.
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2. ON-SITE CIRCULATION—DRIVEWAYS AND FIRE ACCESS ROADS
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b. Standards for Approval
i. Driveway Approaches—Locational Limitations and Restrictions
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(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.
///
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.
iii. Driveway Grades
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Attachment 2 -Ord. 2892
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(1) The maximum grade of a driveway serving one single family stru•o 'a ohall loc. 20%. If
the grade exceo4s 15%, then the residence meet Ice provided with alternative methods for fire
suppression, i.o.y irinkloring.shall comply with LOC 15.06.610 (Oregon Fire Code Adopted).
_4 ) The ryaeim:Um grade of a driveway for all other use iall bo 15%.
(23) For all uses except single-family or middle housing dwellings structures of foci unit of
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
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.
c. Standards for Construction
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vi. All driveways shall be paved with a material that does not generate dust. Hard pavement is
required except in the following circumstances:
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(2) Where a driveway grade changes less than 10%from the street to the parking area
serving a single-family residence or duplex.
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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.
///
4. STREET CONNECTIVITY
a. Applicability
This section is applicable to:
///
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Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
iii. Construction of a detached single-family dwelling,duplex, middle housine dwelline. zero lot
line dwelling, multi-family dwelling, commercial, industrial, institutional, or public function structure
that:
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.
5. TRANSIT SYSTEM
a. Applicability
This standard is applicable to all new subdivisions, planned developments, multi-family residential
developments of four :snits 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.
///
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Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
50.06.004 SITE DESIGN
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c. Standards for Installation and Construction
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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.
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Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
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.
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Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
50.07.003 REVIEW PROCEDURES
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13. MINISTERIAL DEVELOPMENT DECISIONS
a. Ministerial Development Classification
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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 en a let,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.a single duplex on a lot, zom lot line dwelling or a structure
accessory to such structures which:
(hi Is not middle housing located in a Commercial. Industrial or Mixed Use Zone. as
identified in LOC 50.02.002.1.
�gl Is not middle housing located in a Special Purpose Zone. as identified in LOC
50.02.002.3.
(3) Exterior modification of a structure other than a detached single-family dwelling,
accessory dwelling unit, duplex, zere It lire dwelling. middle housio2. or structure accessory to
such structures which:
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:
(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.
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Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
///
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.g.,from single family
to duplex) or in an expansion of floor area of an existing structure by more than 50%.
///
(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:
///
(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).
///
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Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
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
Idwelling, zero 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:
///
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:
///
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:
///
g. A variance for construction of a dormer that does not exceed the height of the roof ridge in which
the dormer is being constructed in an existing single-family or middle housing detached dwelling that is
nonconforming relative to lot coverage or setbacks.
///
50.08.003 DESIGN VARIANCES
///
2. DESIGN VARIANCE CLASSIFICATIONS
a. R-DD Design
I For exterior modifications of a single-family detached or middle housine,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
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Attachment 2 -Ord. 2892
City Council Recommended Version—6/7/22
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.
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Attachment 2 - Ord. 2892
City Council Recommended Version—6/7/22
50.10.003 DEFINITIONS
///
2. DEFINITION OF TERMS
The following terms shall mean:
///
Cottage Cluster
A grouping of no fewer than five and no more than eight detached cottage cluster dwellings.which
1,ncludes a common courtyard.
///
Courtyard. Common
A common area for use by residents of a cottage cluster.
///
Duplex
A single detached building en itc own lot designed to contain two dwelling units.Two attached dwelling,
units on a lot.
Dwelling, Attached Townhome
Two or more attached single family dwelling ...mite, with each unit located on its own I 't,—h ring
side by side common wall(s), with no dwelling itr epraring-Gcw n. I ariz-t'al [;maces. The common
kokv. �.h,:ll consist of a structural , ) that ichad for at I ast 25%of the length of the side of ach
dwelling unit. An attached townhome is also called a rowhouse, townhouse, or a common wall house.
///
Dwelling. Cottage Cluster
A single detached dwelling within a cottage cluster. which. may be located on a ci.nole lot or on
individual lots.
///
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.
///
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Attachment 2 - Ord. 2892
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A building providing two dwelling units on two separate late, the rin
+es+dsnticl ph rroscs.
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Floor Area
The gross building floor area excluding:
///
d. Garages, except as modified in:
///
iii. The R-7.5, R-10, and R-15 zones (LOC 50.04.001.1.d.i(1), for single family dwellings);
///
Footprint. Cottage Cluster Dwelling
Zhe horizontal area as seen in plan view. measured from the outside of all surrounding exterior walls
anoorting columns of a cotter dwelling. It includes cottage cluster dwellings and any
attac�gd garages. as welJcantilevered pions of.tiltdwelling on a second floor. It does not includ.
detached garages or carports: accessory structures:trellises: patios: up to two feet of eaves: and areal
of porches. decks. and balconies less than 30 inches above finished grade.
///
Middle Housing
Duplexes. Triplexes. Quadolexes. Cottage Clusters. and Townhouses in residential zones.
///
Quadplex
Four attached dwelling units on a lot.
///
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.
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Townhouse Lragg
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.
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Triplex
Three attached dwelling units on a lot.
///