City of Lake Oswego, OR Base Zoning Districts

Purposes.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2599, Amended, 12-18-2012; Ord. No. 2723, Amended, 10-18-2016]

Neighborhood Commercial (NC).

To provide land near residential areas for lower intensity commercial activities that primarily serve the surrounding neighborhood, smaller public facility uses, and residential uses.

[Cross-Reference: Uses in Mt. Park and Monroe/Boones Ferry neighborhood commercial areas, LOC §§ 50.02.002.c.i and 50.02.002.c.ii have also been determined to implement the Neighborhood Commercial polices of the Comprehensive Plan.]

General Commercial (GC).

To provide lands for a mix of higher intensity commercial activities supplying a broad range of goods and services to a market area approximately equal to the planning area identified in the Comprehensive Plan, as well as residential, public facilities, and cultural uses.

Highway Commercial (HC).

To provide lands for commercial activities which meet the needs of the traveling public as well as other highway-oriented retail uses which require access to a market area larger than the general commercial zone. This zone is not intended for regional shopping centers.

Mixed Commerce (MC).

To provide for a mix of uses requiring highway access and which provide a strong visual identity. Intended uses include local and regional convention type facilities, office uses and supporting retail uses.

Office Campus (OC).

To provide lands for major concentrations of regionally-oriented offices and employment opportunities for a market area larger than the planning area.

Campus Research and Development (CR&D).

To provide a mix of clean, employee-intensive industries, offices and high-density housing with associated services and retail commercial uses in locations supportive of mass transit and the regional transportation network.

East End General Commercial (EC).

To implement Comprehensive Plan policies applicable to the Downtown Town Center and to provide land for a mix of higher intensity commercial, residential, and cultural uses and public facilities that support a traditional downtown commercial core.

West Lake Grove Zones.

Districts.

The West Lake Grove zone districts are: Townhome Residential (WLG R-2.5), Residential Mixed Use (WLG RMU), and Office-Commercial (WLG OC).

ii.

Purpose.

To provide zoning for townhome residential, commercial, and mixed-use development in the West Lake Grove District that accommodates lower intensity commercial, public facility and residential uses; and to provide a transition between the Lake Grove Village Center and adjacent residential neighborhoods. These districts are intended to supply services to a market area that is comprised of adjacent neighborhoods.

Industrial Zone (I).

The purpose of the industrial zone is to provide land where general industrial development can be located.

Industrial Park Zone (IP).

To provide lands where primarily light industrial and employment uses can occur in a campus-like setting under controls to make activities mutually compatible and also compatible with existing uses bordering the zone.

Foothills Mixed Use (FMU).

To foster a mix of housing, retail and office uses in a central location proximate to downtown and along the Willamette River. Commercial uses are allowed but are not intended to dominate the character of the area. Retail uses are limited in size to complement the downtown core and facilitate the development of neighborhood-focused retail served by transit. The design and development standards are intended to create a unique Lake Oswego community. The emphasis of the zone is on residentially related uses.

The Foothills Mixed Use code provisions are intended to:

Connect the FMU area with downtown, Tryon Creek, Old Town, the Willamette River and Oswego Lake;

ii.

Create a sustainable walkable neighborhood that possesses a thriving, active, and comfortable pedestrian environment;

iii.

Create visual interest through varied building heights that are urban in character, yet include detailed amenities at the ground floor that enhance the pedestrian environment;

iv.

Create high quality buildings, of long lasting materials, to promote the permanence of the community;

Allow for a mix of residential uses, with urban density, and neighborhood scale retail and office development; and

vi.

Establish a standard of design that reinforces Lake Oswego’s sense of place.

Specific Standards for Commercial, Mixed Use, and Industrial Zones.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2526, Amended, 12-18-2012; Ord. No. 2612-A, Amended, 5-21-2013; Ord. No. 2713, Amended, 9-20-2016; Ord. No. 2723, Amended, 10-18-2016; Ord. No. 2829, Amended, 11-19-2019; Ord. No. 2855, Amended, 12-15-2020]

Standards Applicable in Commercial Zones.

Residential Screening.

All business, service, repair, processing, and storage, or the display of merchandise on property abutting or adjacent to a residential zone shall be conducted wholly within an enclosed building unless screened from the residential zone by a buffer area by either constructing a fence at least six ft. high or the buffer area is planted to create year-round sight-obscuring landscaping that will reach six ft. high within two years from the date of planting. Driveway access is permitted through the buffer area.

ii.

Vehicle Rental or Sales Lots.

Motor vehicle, recreational vehicles, boat or trailer rental or sales lots shall be drained and surfaced with pavement except in those portions of the lot maintained as landscaped areas.

iii.

Unified Site Plan.

All development in any commercial zone will be developed under a unified site plan. The site plan will identify circulation patterns and access points, method of provision of public services and general placement of lots and structures, general area and type of uses. Proposals with multiple ownerships shall include a written agreement of all owners that development of the site will occur pursuant to the site plan approved.

Standards Applicable in Specific Zones.

MC and CR&D Zones.

(1)

Access.

No direct access from a lot shall be allowed to Kruse Way or to Kruse Woods Drive.

(2)

Major Tree Removal Prohibited.

No major trees (a tree with a trunk diameter of at least eight in. at 24 in. above grade) located within 30 ft. of the Kruse Way right-of-way may be removed for landscaping or development purposes under LOC § 55.02.080.

ii.

OC Zone Development Plan and Schedule.

Development of any site in the Office Campus zone requires an Overall Development Plan and Schedule, pursuant to LOC § 50.07.006, showing the distribution of the proposed use(s), the general circulation pattern within all lots included in the site and general utility and drainage provisions. The site may be developed in phases, based on the overall site plan.

iii.

Specific Standards in the Industrial and Industrial Park Zones.

(1)

Uses in the IP and I zones emitting noise, smoke, glare, vibration, or fumes, or having similar environmental effects, shall mitigate for those effects such that their impacts on people, property and uses beyond the property lines of the subject site are avoided or minimized to the greatest extent practicable.

(2)

Accessory retail uses in IP sites within 200 ft. of residentially zoned property may be open from 8:00 a.m. to 10:00 p.m. Sunday through Thursday and 8:00 a.m. to 12:00 a.m. on Friday and Saturday.

iv.

Marijuana Facilities.

[1]

Marijuana production, processing, wholesale, laboratory/testing, and retail (includes medical dispensary) facilities shall comply with the following standards:

(1)

The facility shall be licensed by the Oregon Liquor Control Commission (OLCC) or Oregon Health Authority (OHA) as applicable;

(2)

The operator and owner of the facility shall comply with the OLCC licensee prohibitions (OAR 845-025-1300), security regulations (OAR 845-025-1400 through 845-025-1470), health and safety regulations (OAR 845-025-1600 through 845-025-1620), transportation and delivery (OAR 845-025-7700), waste management (OAR 845-025-7750), responsibility of licensee, responsibility for conduct of others (OAR 845-025-8500), and prohibited conduct (OAR 845-025-8520), and the following specific marijuana facility requirements applicable to the type of facility:

(a)

Producers: OAR 845-025-2000 through 845-025-2080.

(b)

Retailers: OAR 845-025-2800 through 845-025-2880.

(c)

Processors: OAR 845-025-3200 through 845-025-3230, 845-025-3250 through 845-025-3290.

(d)

Testing laboratories: OAR 845-025-5060 through 845-025-5075;

(3)

Production, processing, and wholesale are limited to the Industrial (I) zone, and laboratory/testing facilities are limited to the I and IP zones;

(4)

Marijuana retail is prohibited in the NC, CR&D, and OC zones, and shall not be located within:

(a)

One thousand five hundred ft. from a lot containing a public elementary or secondary school for which attendance is compulsory under ORS 339.020; or a lot containing a private elementary or secondary school teaching children as described in ORS 339.030(1)(a);

(b)

One thousand five hundred ft. from a lot containing a public recreation facility (athletic field, court, gym, swim pool, Oswego Lake swim park, etc.), public playground, public library or public community center; or

(c)

Five hundred ft. from a lot containing a day care facility or preschool licensed by the Oregon Department of Education, Early Learning Division, Office of Child Care;

(5)

A marijuana retail use shall not be located within 1,000 ft. from another marijuana retail use;

(6)

For purposes of compliance with the siting standards of subsection 2.b.iv(4) of this section, distance shall be measured from the lot line of the affected property (e.g., a school) to the closest lot line of the lot occupied by the marijuana retail use;

(7)

Marijuana facilities shall be fully enclosed in a building and not have a walk-up window or drive-thru window service;

(8)

Marijuana retail facilities shall receive marijuana only through a limited access area that is physically separated from any area where the general public is permitted;

(9)

Marijuana retail facilities shall contain a designated area where customers and other visitors enter and are checked in, which shall be separated from any space where marijuana is displayed or sold by a secondary wall and door;

(10)

A development permit for a marijuana production facility shall not be granted where water, wastewater, or transportation facilities are not adequate, and cannot be made adequate through mitigation, to serve the facility;

(11)

Light emitted by grow lights used in production facilities shall not be visible outside the facility;

(12)

Marijuana facilities shall be equipped with an air filtration system designed by a mechanical engineer licensed in the state of Oregon that meets the following standards:

(a)

Air leaving the building through an exhaust vent shall first pass through an activated carbon filtration system, consisting of one or more fans and activated carbon filters;

(b)

At a minimum, the fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the applicable CFM;

(c)

The filtration system shall be maintained in working order and shall be in use at all times. The filters shall be changed a minimum of once every 365 days or as specified by the manufacturer;

(d)

Maintains negative air pressure inside the building;

(e)

The engineer shall stamp the design and certify that it complies with this subsection 2.b.iv(12);

Exception: An alternative odor control system is permitted if the applicant submits a stamped design and report by a mechanical engineer licensed in the state of Oregon demonstrating that the alternative system will control odor as well or better than the activated carbon filtration system otherwise required;

(13)

All doors and windows to the marijuana facility shall remain closed, except doors may be open for the minimum length of time needed for ingress to and egress from the facility;

(14)

Security cameras shall be directed to record only the subject property, except as required to comply with licensing requirements of the OLCC or registration requirements of the OHA as applicable;

(15)

Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA registrant, as applicable, and disposed of in compliance with state requirements and City regulations;

(16)

A marijuana retailer may only sell to consumers between the hours of 10:00 a.m. and 9:00 p.m. and may only permit consumers to be present in the building space occupied by the marijuana retailer between the hours of 10:00 a.m. and 9:00 p.m.;

(17)

Marijuana retailers and wholesalers shall maintain a safe drop-box for storage of cash receipts. For purposes of this subsection, a safe drop-box is a receptacle for cash that locks and is affixed to the building.

[1]

Editor’s Note: Ord. 2689 bans all marijuana facilities in the City, and the voters approved continuation of the ban on Nov. 8, 2016.

Standards Applicable to Specific Locations.

Mountain Park Town Center Site.

A maximum of 40,000 sq. ft. of retail and service use building area is allowed on the 32-acre site for the uses. The building height limitation is 45 ft. and lot coverage is 50%. There are no floor area ratio (FAR) requirements. The uses allowed are those allowed in the NC zone plus the following: adjustments and collection agencies; advertising agencies (including commercial artists); credit agencies; duplicating, addressing, blueprinting, photocopying, mailing and stenographic services; employment agencies; office equipment rental and repair, equipment service and repair places (appliance, small engine); services to building (cleaning, exterminating); financial and banking (no more than 3,500 sq. ft.); regional offices, corporate headquarters; offices of all types of service and membership organizations. A maximum of 492 dwelling units are permitted at a density equal to that allowed in the R-0 zone. A maximum of 3.55 acres on the site will be allowed for church parking facilities. The requirements of the R-0 zone apply to the residential use.

ii.

Monroe/Boones Ferry Site.

A maximum of 131,535 sq. ft. of retail, service uses and office uses is allowed on the 13-acre site. Retail uses shall not exceed 60,000 sq. ft. The uses allowed are those allowed in the NC zone, plus the retail, service and office uses listed in subsection 2.c.i of this section, and a totally enclosed veterinarian facility. Building height limitation is 45 ft., lot coverage is 50%. There are no floor area ratio (FAR) requirements.

iii.

I-5/Kruse Way Highway Commercial Site.

A maximum of 20 acres of the 35-acre site may be developed. A minimum of 15 acres of the site, including stream corridors and associated wetlands, shall be retained as open space. As a part of the development process, floor area maximums shall be placed upon the development. The site shall be developed by methods that ensure that the traffic generated by the 35-acre site will not exceed the capacity of the intersection of the site with Kruse Way. The City Manager may require traffic management plans in conjunction with any development request for this site in order to preserve the capacity of Kruse Way.

The maximum building height on the site is 75 ft. with the overall average building height on the 35-acre site not to exceed 60 ft. Buildings which exceed 60 ft. in height shall be located no closer than 120 ft. to the boundary of the site. The boundary of the site is defined as the centerline of Kruse Oaks Boulevard on the east, the Kruse Way right-of-way boundary on the south, the State of Oregon right-of-way boundary on the west and the centerline of Ball Creek on the north. The traffic management provisions of subsection 2.d of this section apply to this site.

iv.

Kruse Way/Carman Drive Site.

The site consists of properties located at 4403 Kruse Way and 4580 Carman Drive located northeast of the intersection of Kruse Way and Carman Drive (Tax Lots 4900 and 5500 of Tax Map 21E08BB).

(1)

An irrevocable, executed, recordable joint access easement for the benefit of the site consistent with the conceptual site plan in LU 17-0070, Exhibit E-011 shall be submitted with any development application for either property.

(2)

The combined uses of the site are limited to the p.m. peak hour trip generation of 98 trips, as stated in the traffic impact study submitted in LU 17-0070, Exhibit F-005.

(3)

A traffic impact study shall be submitted with any development application for the site, documenting existing p.m. peak hour traffic exiting the site and identifying traffic management measures consistent with LOC § 50.02.002.2.d, to ensure the functioning of Kruse Way and the adjacent street intersections do not exceed Service Level "E" during the p.m. peak hour.

(4)

The maximum building height on the site is 45 feet.

[Editor’s Note: 4580 Carman Dr. (NE corner of Kruse Way and Carman Dr.) – see use, GFA, height, and access limitations per Ord. No. 2466.]

[Cross-References: In EC zone, see also Downtown Redevelopment District Design, LOC § 50.05.004; Height Limitation: see also LOC § 50.06.001.5.b.]

Marylhurst Campus Subarea I.

The uses in Subarea I (as shown on the Marylhurst Campus Map in LOC § 50.11.006: Appendix F) are limited to those that collectively generate 327 or fewer trips during the a.m. weekday peak hour and 351 or fewer trips during the weekday p.m. peak hour per the traffic memo submitted in LU 20-0016, Exhibit F-002.

Traffic Management Requirements for Specific Locations.

The following traffic management requirements apply to all uses in the CR&D, MC, OC, GC and HC zones located in the Kruse Way Corridor (the area north of Bonita Road, south of Melrose-Carman, west of Boones Ferry Road and east of I-5, including the S.W. Quadrant of the Kruse Way/Boones Ferry intersection and the property located between Kruse Way and Galewood Drive).

It is the purpose of these transportation management provisions to require that traffic generation limitations will be placed on all development in order to assure the functioning of Kruse Way and the adjacent street system within Service Level "E" at p.m. peaks.

ii.

A Traffic Management Program (TMP) shall be submitted with each initial or revised development application. The program may include, but is not limited to, the following TM mechanisms: physical site controls on existing traffic, p.m. peak hour exiting traffic limitations, traffic monitoring, restrictions on the number of parking spaces, flextime, staggered working hours, transit ridership programs, car and van pools, and similar ride share programs.

iii.

At the time of review of any phase of a development, the developer will provide information from a registered traffic engineer on the then current p.m. peak service level status and volume to capacity ratio of the intersections affected by the development, and also provide information on the p.m. peak traffic that will be generated by the proposed phase of the development and the total development constructed to date.

iv.

Owners and employers shall be encouraged to implement TMP’s at time of approval. However, when the traffic at an affected intersection consistently exceeds "C" level of service, the TMP must be implemented.

A Traffic Management Plan Task Force will be formed, including a representative of each major complex within the Kruse Way Corridor, employers of more than 50 employees, major landowners, representatives of the City, Tri-Met and any other person identified by the City. The task force will have authority to review TMP’s of members and recommend TM when appropriate.

vi.

Notwithstanding the traffic management achievements reached by implementation of the provisions of subsections 2.d.i through 2.d.v of this section, as development increases along the Corridor and the traffic flow on the street system, the City may assert its authority to regulate the use of land to assure all affected property owners, as well as through traffic, are allowed their appropriate share of the traffic capacity.

vii.

Necessary measures will be taken to assure a functioning traffic system at Service Level "E" or better and may include, but are not limited to:

(1)

Green time regulation to facilitate through traffic;

(2)

Access fees; or

(3)

Fines related to access volumes exceeding allocations.

Effect of Multiple Zone Designations.

If a lot has been designated with both a commercial zone and a residential zone, e.g., R-0/EC, the requirements of residential density and FAR relating to the designated residential zone shall apply for residential uses on the lot; the commercial zone requirements shall be applied for all other purposes.

Campus Institutional Zone.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2855, Amended, 12-15-2020]

Purpose.

The purpose of the CI zone is to provide zoning regulations for the Marylhurst Campus in order to provide land where permitted or conditional uses can be provided for in a unified campus setting.

Figure 50.02.003-A: Marylhurst Campus

Site Development Limitations.

Required yards are those needed to maintain the appearance and character of the Marylhurst Campus.

Exception: No yard setback is required for residential development, except that residential buildings shall be set back from the common line of abutting residentially zoned lots a distance equal to the height of the proposed residential building.

ii.

There is no minimum lot area or dimensions.

iii.

Maximum height of a structure is 45 ft.

Special Requirements.

The approved plan for the Marylhurst Campus Institutional Area is contained in LOC § 50.11.006: Appendix F. The land use designations and conditions of that portion of the plan are by this reference made a part of this Code and are conditions and limitations of the zone.

Exception: Multifamily residential development shall be exempt from the requirements of LOC § 50.11.006: Appendix F.

Public Functions Zone.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012]

Purpose.

The Public Functions (PF) zone is intended to specify appropriate land uses and development standards for public uses, such as government services, education, and similar activities.

Site Development Limitations.

Setbacks.

The following setbacks shall be required for the construction of any structure in this zone:

(1)

The setback of any respective yard (front, side, street side, or rear) shall be equal to the minimum required yard for the property adjacent to the respective yard’s lot line, except as provided below.

(2)

In cases where the PF-zoned property is adjacent to properties with two or more different yard requirements, the required setback for the yard adjacent to the properties with the two or more different yard requirements shall be equal to the average of the minimum yards required for the two or more adjacent properties.

(3)

Additional setback requirements for any yard may be established through the conditional use permit process for any development that is subject to conditional use approval, pursuant to LOC § 50.07.005, Conditional Use Permits.

ii.

Height of Structure.

Except as otherwise permitted by LOC § 50.04.003.4, General Exception to Structure Height Limitations, the maximum height of any portion of a structure shall be the greater of:

(1)

35 ft., or

(2)

A height as determined by the ratio of one ft. in height for every three and one-half ft. of distance from the portion of the structure to the lot line of the nearest residentially zoned property, to a maximum height of 75 ft.

iii.

Lot Coverage.

The maximum lot coverage shall not exceed 50%, except:

(1)

Lot coverage shall not exceed 35% if the lot abuts residentially zoned properties on two or more sides;

(2)

Lot coverage shall not exceed 30% for a school, including a mixed use development with a school as a component.

Park and Natural Area Zone.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012]

Purpose.

The purposes of the Park and Natural Area (PNA) zone are to:

Protect, preserve, conserve and enhance natural areas, greenways and parks;

ii.

Permit a wide range of passive and active recreational uses, and accessory uses, on property for the future use and enjoyment of the City and its residents;

iii.

Implement Statewide Planning Goal 8, Recreational Needs; and

iv.

Establish a master plan process for park planning and development.

Master Plans.

A master plan, including master plan modifications, may be used by the park/natural area provider to plan for uses on PNA-zoned land, to provide for a coordinated plan that considers community needs, infrastructure and land use. PNA master plans are created pursuant to LOC § 50.07.004.6, Parks and Natural Areas Master Plan. A master plan is a plan that is:

Established by a park/natural area provider and the hearing body authorized to adopt the master plan, at the time of adoption or thereafter, found that it met the following requirements described in this section:

(1)

The minimum master plan element requirements;

(2)

The procedural requirements;

(3)

The master plan criteria requirements; and

(4)

If a modification of a master plan, the master plan modification requirements.

ii.

Established by a park/natural area provider and the City Manager found that it was a minor modification of a master plan and complied with the requirements of LOC § 50.07.004.6.e, Master Plan Modification, or

iii.

One of the following master plans adopted before December 12, 2006:

(1)

Canal Area Master Plan;

(2)

Luscher Farm Master Plan;

(3)

George Rogers Park Master Plan; and

(4)

Lake Oswego Trails and Pathways Master Plan.

Site Development Limitations.

Setbacks.

The following setbacks shall apply:

(1)

Except as provided below, the setback of any respective yard (front, side, street side, or rear) shall be equal to the minimum required yard for the property adjacent to the respective yard’s lot line.

(2)

In cases where PNA-zoned property is adjacent to properties with two or more different yard requirements, the required setback for the yard adjacent to the properties with the two or more different yard requirements shall be equal to the average of the minimum yards required for the two or more abutting properties.

(3)

Setback requirements for any yard may be modified by the master plan.

ii.

Lot Coverage.

The maximum lot coverage shall not exceed 35% or as established by the master plan.

iii.

Height of Structure.

Except as otherwise permitted by LOC § 50.04.003.4, General Exception to Structure Height Limitations, the maximum height of any portion of a structure shall be the greater of:

(1)

35 ft., or

(2)