HomeMy WebLinkAboutAgenda Item - 2024-04-02 - Number 06.2 - Adopting Findings and Conclusions for Ordinance 2938 (LU 23-0036) 6.2
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COUNCIL REPORT
OREGO�
Subject: Findings for Ordinance 2938, Community Development Code Annual Amendments
2023 (LU 23-0036)
Meeting Date: April 2, 2024 Staff Member: Ellen Davis, Senior Planner
Report Date: March 22, 2024 Department: Community Development
Action Required Advisory Board/Commission Recommendation
❑ Motion ❑X Approval
❑ Public Hearing ❑ Denial
❑X Ordinance ❑ None Forwarded
❑ Resolution ❑ Not Applicable
❑ Information Only Comments:
❑ Council Direction The Council held a public hearing on March 19, 2024
❑X Consent Agenda and tentatively approved the proposed amendments.
Staff Recommendation: Enact Ordinance 2938.
Recommended Language for Motion: Move to enact Ordinance 2938 and adopt findings for
LU 23-0036.
Project/ Issue Relates To: Adoption of findings and enaction of Ordinance 2938 (LU 23-
0036), amending the Community Development Code (CDC) (LOC Chapter 50).
❑X Council Goals/Priorities ❑X Comprehensive Plan ❑Not Applicable
EXECUTIVE SUMMARY
On March 19, 2024, the City Council conducted a public hearing and tentatively approved LU
23-0036 (Ordinance 2938), a proposal to adopt annual Community Development Code
amendments (2023).
The attached ordinance and findings reflect the Council's direction to approve the legislative
amendments the Community Development Code (CDC) for the purpose of clarifying and
updating various provisions.
Respect, Excel'erce. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY
Page 2
RECOMMENDATION
Enact Ordinance 2938 and adopt findings for LU 23-0036.
EXHIBITS
A. Draft Ordinances
A-1.1 Draft Ordinance 2938
Attachment 1: City Council Findings
Attachment 2: Community Development Code Text Amendments for City
Council Adoption, 04/02/2024
Respect. Excellence. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
ATTACHMENT A1.1
ORDINANCE 2938
AN ORDINANCE OF THE LAKE OSWEGO CITY COUNCIL AMENDING LOC CHAPTER 50
(COMMUNITY DEVELOPMENT CODE) FOR THE PURPOSE OF CLARIFYING AND UPDATING
VARIOUS PROVISIONS (2023); AND ADOPTING FINDINGS (LU 23-0036).
WHEREAS, notice of the public hearing for consideration of this Ordinance was duly given in the
manner required by law; and
WHEREAS, a public hearing before the Planning Commission was held on February 12, 2024, at
which the staff report, testimony, and evidence were received and considered; and
WHEREAS, the Planning Commission has recommended that LU 23-0036 be approved by the City
Council; and
WHEREAS, a public hearing on LU 23-0036 was held before the City Council of the City of Lake
Oswego on March 19, 2024, at which the staff report, testimony, and evidence were received
and considered; and
WHEREAS, these amendments to the Lake Oswego Code, Chapter 50 (Community Development
Code) are intended to remove ambiguous and conflicting language, correct the text, and add
clarifying text that is consistent with past interpretations;
The City of Lake Oswego ordains as follows:
Section 1. The City Council hereby adopts the Findings and Conclusions (LU 23-0036), attached
as Attachment 1.
Section 2. The Lake Oswego Code, Chapter 50 (Community Development Code) is hereby
amended by deleting the text shown by strikcthrough type and adding new text shown in
underlined type, in Attachment 2. (Sections or subsections within LOC Chapter 50 that are
omitted in Attachment 2, and not marked for deletion or addition, are neither amended nor
deleted by this Ordinance.)
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.
///
Ordinance 2938 PAGE 1 OF 2
Section 4. Effective Date. As provided in Section 35C of Chapter VII of the Lake Oswego Charter,
this ordinance shall take effect on the thirtieth day following enactment.
Enacted at the meeting of the City Council of the City of Lake Oswego held on the 2nd day of
April, 2024.
AYES:
NOES:
ABSTAIN:
EXCUSED:
Joseph M. Buck, Mayor
Dated:
ATTEST:
Kari Linder, City Recorder
APPROVED AS TO FORM:
Ellen Osoinach, City Attorney
Ordinance 2938 PAGE 2 OF 2
ATTACHMENT 1
LU 23-0036
(Ordinance 2938)
1 BEFORE THE CITY COUNCIL
2 OF THE CITY OF LAKE OSWEGO
3 A REQUEST FOR AMENDMENTS TO THE LU 23-0036
COMMUNITY DEVELOPMENT CODE FOR THE CITY OF LAKE OSWEGO
4 PURPOSE OF CLARIFYING AND UPDATING
VARIOUS PROVISIONS (2023), AND ADOPTING FINDINGS AND CONCLUSIONS
5 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 clarifying and updating various provisions. The proposed amendments are
10
to:
11 LOC 50.03.003.1.d.vi(1) Remove references to parking allowances for
12 cottage clusters of more than 16 cottages.
LOC 50.04.002.5 Remove C Avenue from the special street setback
13 Table 50.04.002-1 table.
14 LOC 50.04.003.6.c Clarify the methodology for determining the front
property line for flag lots created prior to adoption
15 of code regulating flag lots or outside of City limits.
LOC 50.04.001.2.f.ii(4); Clarify that the 75% impervious surface limit for
16 LOC 50.04.001.2.f.iii; cottage clusters supersedes certain zone and overlay
17 LOC 50.05.001.4; district standards that also regulate impervious
LOC 50.05.003.5; surfaces.
18 LOC 50.05.012.6
LOC 50.05.012.6 Update text limiting certain surfaces within the
19 Uplands Overlay district to include hardscape
20 surfaces and roof areas rather than "impervious"
surfaces.
21 LOC 50.05.010.6.c.ii(1)(b) Clarify that invasive tree removal is permitted within
sensitive lands and that mitigation is required for
22
such removal.
23 LOC 50.06.002.2.e Clarify that interior side yard setback planes are
measured from the property line, not the setback
24 line.
25 LOC 50.06.003.1.c.i Clarify that townhouse minimum street frontage is
15 feet, consistent with the 15-foot lot width
26 Table 50.06.003-1 required for townhouses, and replace the term
"rowhouse" with "townhouse" for consistency.
ATTACHMENT 1/PAGE 1— FINDINGS AND CONCLUSIONS (LU 23-0036)
1 LOC 50.06.004.2.b.x(4) Update the retaining wall height exception to
include middle housing and access lanes.
2 LOC 50.06.007.1.b Exempt lots created through Middle Housing Land
Divisions (MHLD) from the solar access standard.
3 LOC 50.07.003.7.g.i Update practices for notice of appeal hearings to
4 allow staff to email commenters who submitted
electronic comments and did not provide a mailing
5 address.
LOC 50.07.003.7.k(ii) Update the deadline for submittal of written
6 testimony for closed record appeals to City Council.
7 LOC 50.07.007.2.f.iii Clarify that screening fences for flag lots must be
sight-obscuring, and exempt property lines within
8 flood management areas and along Oswego Lake or
9 Canal from the fence installation requirement.
LOC 50.07.007.2.f.v Prohibit the installation of new invasive species
10 plantings to meet flag lot landscaping requirements.
11 LOC 50.10.003.2 Clarify that construction or placement of an
accessory structure is considered a minor alteration
12 for Historic Preservation purposes.
13 LOC 50.10.003.2 Clarify that Duplexes, Triplexes, and Quadplexes
must share common wall(s) or floor(s).
14 LOC 50.03.003.1.d.iii(3) Establish cottage orientation for cottage cluster sites
that abut an unimproved or unopened street right-
15 of-way.
16 LOC 50.06.001.4.a.v Allow a third (or more) garage opening to be offset
two feet from the previous garage plane rather than
17 requiring the two feet to be stepped back
specifically.
18 LOC 50.06.004.2.b.x(2) Exempt open fences around playgrounds and
19 athletic facilities such as tennis and basketball
courts, baseball backstops, etc. from the evergreen
20 hedge screening requirement.
LOC 50.08.002.2.e Allow minor variance applications to all fence
21 standards.
22
23 HEARINGS
24 The Planning Commission held a public hearing and considered this application at its
25 meeting on February 12, 2024. The Commission adopted its Findings, Conclusion and Order
26 recommending approval of LU 23-0036 on February 26, 2024.
The City Council held a public hearing and considered the Commission's recommendation
ATTACHMENT 1/PAGE 2 — FINDINGS AND CONCLUSIONS (LU 23-0036)
1 on March 19, 2024.
2 CRITERIA AND STANDARDS
3 A. City of Lake Oswego Comprehensive Plan
4 Land Use Planning- Policies A-1, A-2, C-1, C-3 and D-1
Inspiring Spaces and Places - Goal 1, Policies 1, 2, 3 and 8; Goal 2, Policies 4 (d and e)
5 Complete Neighborhoods & Housing- Policies A-4, B-1 and C-7
Economic Vitality- Policy B-1 (b, c, and d)
6 Community Health and Public Safety- Sound Quality- Policy 1
7
B. City of Lake Oswego Community Development Code
8 LOC 50.07.003.3.c. Published Notice for Legislative Hearing
LOC 50.07.003.16.a Legislative Decisions Defined
9 LOC 50.07.003.16.b Criteria for Legislative Decision
10 LOC 50.07.003.16.c Required Notice to DLCD
LOC 50.07.003.16.d.iii Planning Commission Recommendation Required
11 LOC 50.07.003.16.e City Council Review and Decision
12 FINDINGS AND REASONS
13 The City Council incorporates the Planning Commission Staff Report dated February 1,
14 2024 (Exhibit D-1), with all exhibits, and the Findings and Conclusions in the Commission's
15 February 26, 2024 Findings, Conclusions and Order, for LU 23-0036, as support for the Council's
16 decision.
17
Following are the supplemental findings and conclusions of the Commission:
18
19 1. Addition to Definition of Minor Alteration (Historic Preservation).The Council
20 amended the proposed code text in LOC 50.10.003.2 Definitions to include an
21 additional sentence in the definition of "minor alteration (historic preservation)" to
22 mirror the definition of "major alteration (historic preservation)" by stating that an
23 alteration that is not a Minor Alteration is a Major Alteration.
24
ALTERATION, MAJOR (HISTORIC PRESERVATION)
25 An exterior alteration that is not a minor alteration.
26 ALTERATION, MINOR (HISTORIC PRESERVATION)
An alteration (historic preservation) that does not:
a. Change the height of the building;
ATTACHMENT 1/PAGE 3— FINDINGS AND CONCLUSIONS (LU 23-0036)
1 b. Make a substantial change to an elevation visible from the public right-of-
way, a public open space, or Oswego Lake;
2 c. Increase the floor area more than 20% provided the building addition is
not visible from the public right-of-way, a public open space, or Oswego Lake;
3 and
4 d. Reduce the square footage of the original structure other than removing
previous additions or treatments that did not contribute to the historical or
5 architectural significance of the landmark as stated in the findings of fact for the
landmark designation.
6
An Alteration that is not a Minor Alteration is a Major Alteration.
7
The Council finds that this adds to the clarity of Alteration (historic preservation)
8
classifications for the reader and does not alter the meaning of the definitions.
9
2. Cottage Cluster Common Courtyard. Public testimony raised the topic of ownership
10
of common courtyards in cottage clusters. This is outside the scope of the notice of
11
the 2023 code amendments as presented and will be explored at a later time.
12
13
CONCLUSION
14
The Council concludes that LU 23-0036/ Ord. 2938, as recommended by the Planning
15
Commission, complies with all applicable criteria and should be approved.
16
17
18
19
20
21
22
23
24
25
26
ATTACHMENT 1/PAGE 4— FINDINGS AND CONCLUSIONS (LU 23-0036)
CITY COUNCIL ADOPTION —APRIL 2, 2024 (without commentary and reorganized numerically)
ATTACHMENT 2
LOC 50.03.003.1.d.iii Cottage Orientation LU 23-0036
(Ordinance 2938)
iii. Cottage Orientation
(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:
(a)The street is an unimproved or unopened right-of-way;or
(b)The cottage is required otherwise by to face the courtyard to comply with subsection
1.d.iii(2) of this section.
LOC 50.03.003.1.d.vi(1)
(1) Clustered Parking. Off-street parking shall be arranged in clusters, subject to the following
standards:
(a) Cottage cluster developments with fewer than 16 cottages are permitted parking clusters of
not more than five abutting spaces.
(b) Cottage cluster developments with 16 cottages or more arc permitted parking clusters of not
more than eight abutting spaces.
(eb) Parking clusters must be separated from other parking spaces by at least four ft. of
landscaping.
(sic) Clustered parking areas may be covered.
LOC Table 50.04.002-1 Special Street Setbacks Table
TABLE 50.04.002-1:SPECIAL STREET SETBACKS
Affected
Streets From To Special Setback
Bangy Rd. South of Alyssa 30 ft.
Terrace
Bergis Rd. Cornell St. Stafford Rd. 30 ft.
Bergis Rd. Cornell St. Skylands Rd. 25 ft.
Boones Mercantile Dr. Madrona St. 50 ft., unless reduced by the City
Ferry Rd. Engineer, finding that the purpose is
met by a lesser amount.
Boones Madrona St. West Sunset Dr. 50 ft.
Ferry Rd.
Bonita Rd. 30 ft.
Bryant Rd. Boones Ferry Rd. Lake View Blvd. 40 ft.
Bryant Rd. Lake View Blvd. Childs Rd. 30 ft.
LU 23-0036 ATTACHMENT 2 (Ordinance 2938)/Page 1 of 9
CITY COUNCIL ADOPTION —APRIL 2, 2024 (without commentary and reorganized numerically)
TABLE 50.04.002-1: SPECIAL STREET SETBACKS
Affected
Streets From To Special Setback
Burma Rd. 25 ft.
"C" Ave. Statc St. allcy Country Club 30 ft.
Carman South and west 40 ft.
Drive of Kruse Way
LOC 50.04.003.6.c Special Determination of Yards and Yard Requirements
C. Determination of Front Yard for Flag Lots Created Prior to Scptcmbcr 6, 1998Other Than Under
Flag Lot Section [LOC 50.07.007.2,and Lots Accessing by Easement
The front yard shall be the area abutting the property line of the "flag" portion of the lot parallel to
the street providing access to a flag lot created prior to September 6, 1998 or any other lot that
would qualify as a Flag Lot but for the date of creation. If this standard is not practical due to
placement of structures on adjacent lots,topography or similar reasons,then the front yard will be
that portion of the lot abutting the property line of the greatest length abutting the access portion
of the flag or easement.
///
LOC 50.04.001.2.f.ii(4) - R-6 Zone Dimensional Standards
f. Lot Coverage/Impervious Surfaces—Additional Standards
///
ii. R-6 Lot Coverage/Impervious Surfaces
///
(4) Cottage clusters are exempt from maximum lot coverage and standards.
impervious surface limitations.See LOC 50.03.003.1.d.ii(1)for maximum impervious
surface coverage standards applicable to cottage clusters.
///
LOC 50.04.001.2.f.iii — R-DD Zone Dimensional Standards
f. Lot Coverage/Impervious Surfaces—Additional Standards
///
iii. R-DD Lot Coverage/Impervious Surfaces
LU 23-0036 ATTACHMENT 2 (Ordinance 2938)/Page 2 of 9
CITY COUNCIL ADOPTION —APRIL 2, 2024 (without commentary and reorganized numerically)
LOC 50.05.001.4— Glenmorrie R-15 Overlay District
4. LIMITATION ON CERTAIN ELEMENTS
No more than 50%of a lot shall be covered with any of the following elements: structures, patios,
paving or impervious walks. However, pervious decks and natural-appearing constructed ponds shall not
be included within this limitation. Where a paved area contains mixed nonplant and plant elements,
only the nonplant portions of the area shall be included within this limitation. (See Figure 50.05.001-B:
Illustrative Mixed Paved Areas and Natural-Appearing Ponds for illustrations of natural-appearing
constructed ponds and paved areas with mixed nonplant and plant elements.)
Exception:Cottage clusters are exempt from impervious surface or certain element limitations. See
LOC 50.03.003.1.d.ii(1)for maximum impervious surface coverage standards applicable to cottage
clusters.
///
LOC 50.05.003.5 — Lake Grove R-7.5/R-10 Overlay District
5. LIMITATION ON CERTAIN ELEMENTS
No more than 50%of a lot shall be covered with any of the following elements: structures, patios,
paving or impervious walks. However, pervious decks and natural-appearing constructed ponds shall not
be included within this limitation. Where a paved area contains mixed nonplant and plant elements,
only the nonplant portions of the area shall be included within this limitation. See Figure 50.05.001-B:
Illustrative Mixed Paved Areas and Natural-Appearing Ponds for examples.
Exception:Cottage clusters are exempt from impervious surface or certain element limitations. See
LOC 50.03.003.1.d.ii(1)for maximum impervious surface coverage standards applicable to cottage
clusters.
///
LOC 50.05.012.6— Uplands R-10 Overlay District
6: LIMITATION ON IMP US HARDSCAPE SURFACES AND STRUCTURES(INCLUDING ROOF AREAS)
a. No more than 50%of the lot may be covered with impervious hardscape surfaces and structures.
Exception:Cottage clusters are exempt from impervious surface or hardscape limitations.See LOC
50.03.003.1.d.ii(1)for maximum impervious surface coverage standards applicable to cottage clusters.
LU 23-0036 ATTACHMENT 2 (Ordinance 2938)/Page 3 of 9
CITY COUNCIL ADOPTION —APRIL 2, 2024 (without commentary and reorganized numerically)
b. The area between the front lot line and the nearest edge of the building footprint shall not be
covered by more than 30%of impervious hardscape surfaces and structures.
///
Figure 50.05.012-C: Limitation on Hardscape Surfaces and Structures
Total Hardscape and Structure Area < 50% of Lot
(12,000 sq. ft. lot, 6,000 sq. ft. max, Hardscape
and Structures)
Hardscape Area
r ' _x 4
f 46 (Patio)
• 1 �- 1
I �
1 1
i4�— i
1 1
1 1
1 1
1 1
1 1
1 1
1 1
trutu r
1 i
i 1
, i
Air
i
1
1
1
1
11Hardscape Area
1 ki (Driveway)
i 1x
1 1 1
1 _ �# ,f 1
1 ,' 1
1 30% max .- 1
1 Hardscape and,,-'r 1
1 Structures' _1.....
LOC 50.05.010.6.c.ii(1)(b) Tree Removal
(b) Tree Removal
Tree removal within an RP district shall be subject to the following criteria:
///
LU 23-0036 ATTACHMENT 2 (Ordinance 2938)/Page 4 of 9
CITY COUNCIL ADOPTION —APRIL 2, 2024 (without commentary and reorganized numerically)
(vi) Invasive tree removal permit, in accordance with LOC 55.02.042(6), except that
mitigation shall be required as described in LOC 55.02.084,
///
Note to Codifier: Upon codification, remove the following cross reference:
[Cross-Reference: Invasive Trees may be removed from RP Districts under the exemption in
LOC 50.05.010.2.c.vi ("other development that does not remove any native vegetation ..." is
exempt from the Sensitive Lands section).]
LOC 50.06.001.4.a.v Multiple Garage Opening Setbacks
v. Multiple Garage Opening Setbacks
In any instance where a garage or a set of adjacent garages is designed to park three or more
vehicles, only the garage openings for the first two vehicles may occupy the same building plane.
Each additional building plane with a garage opening shall be offset back by a minimum of two ft.
from the previous garage building plane.
Exceptions:
(1) The lot is a steeply sloped lot;
(2) The width of a parcel is less than 50 ft.; or
(3) The garage is proposed to be set back at least 60 ft.from the public right-of-way.
LOC 50.06.002.2.e Side Yard Setback Plane — Interior Yards
e. Side Yard Setback Plane—Interior Yards
Except as set forth in subsection 2.e.ii of this section,the side profile of a structure shall fit
behind a plane that starts at the side property line and extends upward to 12 ft. and slopes
toward the center of the lot at a slope of 12:12 up to the maximum allowed height at the
peak as illustrated in Figure 50.06.001-G: Side Yard Setback Plane, below.The finished grade
at the foundation shall be used as the grade elevation at the setback property line for
purposes of measuring the setback plane.
LOC 50.06.003.1.c Standards for Approval
c. Standards for Approval
i. Every residentially zoned lot shall abut a street for the following minimum length:
LU 23-0036 ATTACHMENT 2 (Ordinance 2938)/Page 5 of 9
CITY COUNCIL ADOPTION —APRIL 2, 2024 (without commentary and reorganized numerically)
TABLE 50.06.003-1: MINIMUM STREET FRONTAGE
Residentially Zoned Lot Minimum Street Frontage
Rewhouse Townhouse 17 ft. 15 ft.
Flag Lot LOC 50.07.007.2.c
All Other 25 ft.
///
LOC 50.06.004.2.b.x(2)
b. Location and Height
///
x. Exceptions from Height Limitations
///
(2) An open (80%open) fence which is not located in the front yard (forward of the
primary structure to the front lot line) and which encloses part or all of a tennis court,
swimming pool, playing field, park, commercial recreational facility, public or semi-public
utility structure`r courtyards or play areas for day care and educational institutions.The
evergreen hedge screening requirement in LOC 50.06.004.2.b.iv does not apply to these
fences; or
///
LOC 50.06.004.2.b.x(4) Exceptions from Height Limitations
///
(4) Retaining walls used to directly support a driveway,access lane, or car parking area for a single-
family residence or middle housing; or
///
LOC 50.06.007.1.b.9. IMPROVEMENTS AND SECURITY
b. Applicability
The solar design standard in LOC 50.06.007.1.c shall apply to subdivision applications (except
Middle Housing Land Divisions(ORS 92.031)),that create lots intended for single-family detached
or middle housing dwellings in any zone, except to the extent the reviewing authority finds that the
LU 23-0036 ATTACHMENT 2 (Ordinance 2938)/Page 6 of 9
CITY COUNCIL ADOPTION —APRIL 2, 2024 (without commentary and reorganized numerically)
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.
LOC 50.07.003.7.g Notice of the Appeal Hearing
g. Notice of the Appeal Hearing
i. Written notice of the appeal hearing before the City Council shall be sent by regular electronic mail
to the email address provided, or if no email address is provided then by regular mail, no later than 14
days prior to the date of the hearing to the appellant,the applicant if different from the appellant, and
all persons who testified either orally or in writing before the hearing body, or,for a minor development
decision of the City Engineer, submitted written testimony to the City Engineer.
///
LOC 50.07.003.7.k Presenting Testimony
k. Presenting Testimony
///
ii. Written testimony may be submitted prior to or at the public hearing. Written testimony may be
submitted prior to the public hearing and must be received by the City Recorder by 512:00 p.m.are
the two business days of prior to the scheduled hearing to be submitted by staff at the public
h aring. Written testimony submitted at the h aring must be filed with the recording secretary and
placed before the City Council. Written comments that are merely referred to in testimony but
which are not placed before the hearing body pursuant to this section shall not become part of the
record of the proceedings. Written comments that attempt to present new evidence or raise new
issues not presented or raised before the hearing body shall be rejected.
LOC 50.07.007.2.f Screening, Buffering and Landscape Installation
f. Screening, Buffering and Landscape Installation
///
iii. The perimeter of the flag lot(s) shall be screened from abutting lots outside of the development site
with a six-ft.-tall solid, sight-obscuring fence, except:
(1) Where a four-ft.fence is required by LOC 50.06.004.2.b.i, Fences, or where such
screening would conflict with standards for Sensitive Lands Overlay Districts, Flood
Management Areas,or where the property line abuts Oswego Lake or Oswego Canal; or
///
LU 23-0036 ATTACHMENT 2 (Ordinance 2938)/Page 7 of 9
CITY COUNCIL ADOPTION —APRIL 2, 2024 (without commentary and reorganized numerically)
LOC 50.07.007.2.f Screening, Buffering and Landscape Installation
f. Screening, Buffering and Landscape Installation
////
v. Plant materials listed as nuisance or invasive in LOC 50.11.004,Appendix D, and the Invasive Tree
Species List on file at the Planning Department are prohibited in landscaping required by this section.
///
LOC 50.08.002.2 Minor Variance Classifications
2. Minor Variance Classifications
////
e.A variance to standards in LOC 50.06.004.2 for a maximum fence, wall, retaining wall, or a
combination thereof, height restrictions pursuant to LOC 50.06.004.2.
///
LOC 50.10.003.2 Definitions —Alteration (Historic Preservation); Alteration,
Minor (Historic Preservation)
Alteration (Historic Preservation)
Alteration: An addition to, or removal of a portion of, or reconfiguration of a landmark that changes an
elevation of a landmark or contributing resources (not applicable to National Register properties; see
"Demolition.-"). Construction or placement of an accessory structure on a property that contains a
historic landmark, except on sites over one acre in size or placement of an accessory structure more
than 300 feet from the landmark structure or resource, is an "alteration" of the Landmark.
Alteration, Minor(Historic Preservation)
An alteration (historic preservation)that does not:
a. Change the height of the building;
b. Make a substantial change to an elevation visible from the public right-of-way, a public open space,
or Oswego Lake;
c. Increase the floor area more than 20% provided the building addition or accessory structure is not
visible from the public right-of-way, a public open space, or Oswego Lake; and
LU 23-0036 ATTACHMENT 2 (Ordinance 2938)/Page 8 of 9
CITY COUNCIL ADOPTION —APRIL 2, 2024 (without commentary and reorganized numerically)
d. Reduce the square footage of the original structure other than removing previous additions or
treatments that did not contribute to the historical or architectural significance of the landmark as
stated in the findings of fact for the landmark designation.
An Alteration that is not a Minor Alteration is a Major Alteration.
Duplex
Two attached dwelling units on a lot where each unit shares at least one common wall or floor/ceiling
with an adjacent dwelling unit. 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 or the common floor/ceiling shall consist of at
least 25%of the floor area of each dwelling unit.
Quadplex
Four attached dwelling units on a lot where each unit shares at least one common wall or floor/ceiling
with an adjacent dwelling unit. 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 or the common floor/ceiling shall consist of at
least 25%of the floor area of each dwelling unit.
Triplex
Three attached dwelling units on a lot where each unit shares at least one common wall or floor/ceiling
with an adjacent dwelling unit. 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 or the common floor/ceiling shall consist of at
least 25%of the floor area of each dwelling unit.
LU 23-0036 ATTACHMENT 2 (Ordinance 2938)/Page 9 of 9