City of Lake Oswego, OR Use Regulations and Conditions

How to Use.

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 No. 2579, Repealed and Replaced, 3-20-2012; Ord.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

Permitted Uses.

A "P" in a cell of a use table indicates that the land use is allowed by right in that base or overlay zone, subject to compliance with the use-specific standards referenced in the final column of the use table. Permitted uses are subject to all other applicable requirements of this Code, including those set forth in LOC § 50.06, Development Standards. Uses accessory to a permitted use are allowed regardless of whether they are listed separately in the use table.

Conditional Uses.

A "C" in a cell of a use table indicates that the land use is allowed in that base or overlay zone only upon approval of a conditional use permit as described in LOC § 50.07.005, Conditional Use Permits, including the specific conditions listed in LOC § 50.07.005.3, and compliance with any usespecific standards referenced in the use table. Uses subject to a conditional use permit are subject to all other applicable requirements of this Code, including those set forth in LOC § 50.06, Development Standards. Uses accessory to a conditional use are allowed regardless of whether they are listed separately in the use table.

Accessory Uses.

An "A" in a cell of a use table indicates that the land use is expressly allowed in that base or overlay zone as an accessory use to a permitted use or an approved conditional use. In addition to those expressly listed, all uses that are secondary and subordinate to a permitted or approved conditional use, and are frequently found in connection with that permitted or approved conditional use, are allowed as accessory uses. A use is "accessory," when the use is (i) generally accepted as accessory to a primary use based on state of the industry, (ii) the accessory use is secondary to the primary use, (iii) the impacts of the accessory use do not significantly alter the impacts of the primary use (e.g., traffic volume), and (iv) the accessory use is not the same size or scale as would be found for a primary use elsewhere.

Prohibited Uses.

A blank cell in a use table indicates that the land use is prohibited in that base or overlay zone district.

Overlay Districts Provisions Govern.

When a property is located within the boundaries of an overlay district, the use table provisions for that overlay district prevail over those in the base zone district. For example, if a use is prohibited in the base zone district where the property is located, but is a permitted use in an overlay district applicable to the same property, then the use is allowed on that property. On the other hand, if a use is listed as a permitted use in the base zone district but is listed as a conditional use in an overlay zone district applicable to the same property, then the use is a conditional use for that property. Where a property is located in more than one overlay district, then the most restrictive use provision in those overlay zone districts shall apply to the property.

Use-Specific Standards and Table Notes.

There may be additional standards that apply to specific permitted or conditional uses. Those additional standards are either identified in a note at the end of the table or cross-referenced under the “use specific standards” column in the use table. The cross-referenced standards appear in LOC § 50.03.003, Use-Specific Standards, immediately following the use table.

Authorization for Similar Uses.

The City Manager may authorize that a use not specifically named in the permitted, conditional or prohibited uses of a district be included among the allowed uses, if the use 1) is similar to and of the same general type as the uses specifically allowed; 2) is consistent with the Comprehensive Plan; and 3) has similar intensity, density, off-site impacts and impacts on community facilities as uses permitted in the zone. However, the City Manager may not authorize a use already specifically permitted in any other zoning district. A person disagreeing with the City Manager’s decision may appeal that decision to the Planning Commission pursuant to LOC § 50.07.003.7.b, Appeal of Minor Development Decision.

Residential Use Table.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2526, Amended, 12-18-2012; Ord. No. 2643, Amended, 11-4-2014; Ord. No. 2667, Amended, 10-20-2015; Ord. No. 2668, Amended, 12-1-2015; Ord. No. 2723, Amended, 10-18-2016; Ord. No. 2784, Amended, 7-3-2018; Ord. No. 2815, Amended, 7-16-2019; Ord. No. 2892, Amended, 6-7-2022; Ord. No. 2909, Amended, 2-7-2023]

TABLE 50.03.002-1: RESIDENTIAL DISTRICTS USE TABLE P = Permitted Use \| Blank = Not Permitted \| C = Conditional Use \| A = Accessory Use [x] Table notes located at the end of the table
Use Category	Use Type	Residential										Use-Specific Standards
Use Category	Use Type	R-15	R-10	R-7.5	R-6	R-5	R-DD	R-W	R-3 [3]	R-2	R-0 [3] [4]	Use-Specific Standards
RESIDENTIAL USES
Household Living	Dwelling, single-family detached dwelling (one per lot)	P	P	P	P	P	P	P [1]	P	P	P
	Dwelling, duplex (one per lot)	P	P	P	P	P	P	P	P	P	P
	Townhouse project	P	P	P	P	P	P	P	P	P	P	§ 50.03.003.1.e
	Cottage cluster (one per lot)	P	P	P	P	P	P	P	P	P	P	§ 50.03.003.1.d
	Dwelling, multi-family					P	P		P		P
	Dwelling, quadplex	P	P	P	P	P	P	P	P	P	P
	Dwelling, triplex	P	P	P	P	P	P	P	P	P	P
	Manufactured home (one per lot)	P	P	P	P	P	P	P	P	P	P	§ 50.03.003.1.b
	Manufactured home park or subdivision					P			P		P	§ 50.03.003.1.c
Group and Institutional Housing	Congregate housing	C	C	C		P			P	P	P	§ 50.03.003.4.a and b; R-2 zone: § 50.03.003.3
	Group care home	P	P	P	P	P	P		P	P	P
	Residential care housing	C	C	C		P			P	P	P	§ 50.03.003.4.a and b; R-2 zone: § 50.03.003.3
	Skilled nursing facility					C	C		C	C	C	§ 50.03.003.4.c; R-2 zone: § 50.03.003.3
PUBLIC, INSTITUTIONAL, AND CIVIC USES												§ 50.03.003.5
Day Care	Certified or registered family child care home	P	P	P	P	P	P	P	P	P	P
Day Care	Day care center	C	C	C	C	C	C		C	C	C	§ 50.03.003.5
Institutional Uses	Institutional use	C	C	C	C	C	C		C	C	C	§ 50.03.003.5; R-2 and R-6 zones: § 50.03.003.3
Education	Educational institutions, private	C	C	C	C	C	C		C	C	C	§ 50.03.003.5
Public Facility/Utility	Major	C	C	C	C	C	C		C	C	C	§ 50.03.003.5.c; R-2 and R-6 zones: § 50.03.003.3
	Minor	P	P	P	P	P	P	P	P	P	P	§ 50.03.003.5.b
	Telecommunications facilities, new	C	C	C	C	C	C		C	C	C	§ 50.03.003.5.g; R-2 and R-6 zones: § 50.03.003.3
	Telecommunications facility, collocated	P	P	P	P	P	P		P	P	P	§ 50.03.003.5.g
NONRESIDENTIAL USES
Agricultural	Community garden	P/C	P/C	P/C	P/C	P/C	P/C					§ 50.03.003.6.j; R-6 zone: § 50.03.003.3
Office Uses	Office, business, or professional	C	C	C	C	C	C		C	C	C	§ 50.03.003.6.p; R-2 and R-6 zones: § 50.03.003.3
Recreation and Entertainment	Golf course, hunt club, or similar open land private recreational uses	C	C	C	C							R-6 zone: § 50.03.003.3
Recreation and Entertainment	Social, recreational, or cultural facilities, nonprofit					P/C			P/C	P/C	P/C	§ 50.03.003.6.y; R-2 zone: § 50.03.003.3
ACCESSORY USES
Accessory Uses	Community garden	A	A	A	A	A	A	A	A	A	A	§ 50.03.003.6.j
	Home occupation	A	A	A	A	A	A	A	A	A	A	§ 50.03.004.1.b.ii
	Short-term rental lodging	A	A	A	A	A	A	A	A	A	A	§ 50.03.004.1.b.ii
	Large animals kept for owner’s personal use	A	A									§ 50.03.004.1.b.iii
	Small animals kept for owner’s personal use [2]	A	A	A	A	A	A	A	A	A	A
	Accessory dwelling unit	A	A	A	A	A	A		A	A	A	§ 50.03.004.1.b.vi

Notes:
[1]	Erected on pilings over the water of Oswego Lake.
[2]	No commercial activity allowed.
[3]	If lot has multiple zones, e.g., R-0/EC, see LOC § 50.02.002.2.e.
[4]	Site-specific use limitations, see LOC § 50.02.002.2.c.

Commercial, Mixed Use, Industrial, and Special Purpose Districts Use Table.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2583, Amended, 6-19-2012; Ord. No. 2526, Amended, 12-18-2012; Ord. No. 2599, Amended, 12-18-2012; Ord. No. 2611, Amended, 4-16-2013; Ord. No. 2612-A, Amended, 5-21-2013; Ord. No. 2612-B, Amended, 8-13-2013; Ord. No. 2639, Amended, 6-3-2014; Ord. No. 2643, Amended, 11-4-2014; Ord. No. 2668, Amended, 12-1-2015; Ord. No. 2707, Amended, 5-17-2016; Ord. No. 2723, Amended, 10-18-2016; Ord. No. 2736, Amended, 3-7-2017; Ord. No. 2783, Amended, 6-19-2018; Ord. No. 2853, Amended, 11-3-2020; Ord. No. 2855, Amended, 12-15-2020; Ord. No. 2872, Amended, 10-5-2021; Ord. No. 2909, Amended, 2-7-2023, Amended 12-5-2023 by Ord. No. 2928]

TABLE 50.03.002-2: COMMERCIAL, MIXED USE, INDUSTRIAL AND SPECIAL PURPOSE DISTRICTS USE TABLE P = Permitted Use \| Blank = Not Permitted \| C = Conditional Use \| A = Accessory Use [x] Table notes located at the end of the table
Use Category	Use Type	Commercial, Mixed Use, Industrial													Special Purpose			Use-Specific Standards
		NC [8], [9]	GC	HC [9]	OC [8]	EC [8]	CR&D	MC	WLG [4]			FMU [4], [7]	I	IP [5]	CI	PF [3]	PNA
		NC [8], [9]	GC	HC [9]	OC [8]	EC [8]	CR&D	MC	OC	RMU	R-2.5	FMU [4], [7]	I	IP [5]	CI	PF [3]	PNA
RESIDENTIAL USES
Household Living	Residential use at R-5 density or greater	P	P [10]	P	P	P	P		P [11]	P [1]	P [2]	P			P			WLG zones: § 50.03.003.1.a; NC, GC, EC and CI zones: § 50.03.003.2
Household Living	Dwelling, live-work	P	P [10]	P	P	P	P					P
Group and Institutional Housing	Congregate housing	C	C [10]			C						P			P			§ 50.03.003.4.a
	Continuing care retirement community (CCRC)														P
	Group care home											P			P
	Residential care housing	C	C [10]			C				P		P			P			§ 50.03.003.4.a
	Skilled nursing facility									P					P
PUBLIC, INSTITUTIONAL, AND CIVIC USES																		§ 50.03.003.5
Community and Cultural Facility	Cemetery														C
	Community garden	P/C	P/C [10]															§ 50.03.003.6.j
	Institutional Use		P [10]	P	P	P	P	P				P		[5]	P			§ 50.03.003.5.a
Day Care	Day care centers	P	P	P	P	P	P	P	P			P						§ 50.03.003.5.f
Day Care	Certified or registered family child care home	P	P	P	P	P	P	P	P	P	P	P	P	P
Education	Educational institutions, private	C	P			P			P			P			P			§ 50.03.003.5.f
Health Care Facilities	Ambulance services	P	P			P							P	P
	Hospitals		P [10]			P
	Medical and dental clinic or laboratory	P	P	P	P	P	P	P	P	P		P	P	P				§ 50.03.003.6.n
Public Facilities/Utilities	Major	C	P	P	P	P	P	P	C	C	C	P	P	P	C	C	P/C	§ 50.03.003.5.c, § 50.03.003.5.d
	Minor	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	§ 50.03.003.5.b, § 50.03.003.5.d
	Telecommunications facilities, new								C	C	C					C	C	§ 50.03.003.5.g
	Telecommunications facilities, collocated	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	§ 50.03.003.5.g
COMMERCIAL USES												[6]						§ 50.03.003.6
Agricultural	Agriculture														P		P	§ 50.03.003.6.b
Agricultural	Farm stand	P	P			P												§ 50.03.004.1.b.i
Animal and Related Services	Equestrian facility																C
	Kennel												C	C
	Pet day care	C	P/C	P/C	C	P/C	C	C				P/C	P/C	P/C [5]				§ 50.03.003.6.s
	Veterinary clinic		P/C			P/C						P/C	P/C	P/C				§ 50.03.003.6.z
Food and Beverage Services	Bakery	P	P	P	P	P	P	P	P			P		P				§ 50.03.003.6.g
	Bar		P [10]	P		P		P				P						§ 50.03.003.6.h
	Food markets < 25,000 sq. ft. gross floor area	P	P	P		P		P				P
	Food markets 25,000 sq. ft. gross floor area or more		P/C	P		P		P				P/C						§ 50.03.003.6.l
	Restaurant	P	P/C [10]	P	P	P	P	P	P			P						§ 50.03.003.6.u
Lodging Facilities	Hotels or motels		P [10]	P		P		P				P
Business or Professional Services	Office, business or professional	P	P	P	P	P	P	P	P	P		P		P	P	P		§ 50.03.003.6.p
	Psilocybin Service Center	C	P	P	P	P	P	P	C	C		P	P	P				§ 50.03.003.6.t
	Research and development laboratories												P	P
Commercial Services	Commercial education	C	P	P	P	P	P	P				P	P	P				§ 50.03.003.5.f
	Crematorium												P	P
	Mortuary		P/C [10]			P/C												§ 50.03.003.6.o
	Personal services	P	P	P	P	P	P	P	P			P		[5]	P			WLG OC and CI zones: § 50.03.003.6.r
	Repair, rental, and service	P	P	P	P	P	P	P				P	P	P				§ 50.03.003.6.u
Recreation and Entertainment	Arcade gaming	P/C	P			P						P						§ 50.03.003.6.c
	Commercial recreational facility < 5,000 sq. ft. gross floor area		P [10]	P	P	P	P	P				P	P	C [5]
	Commercial recreational facility ≥ 5,000 sq. ft. and < 20,000 sq. ft. gross floor area		P [10]	C		P	C	C				C	P	C
	Commercial recreational facility ≥ 20,000 sq. ft. gross floor area		P [10]									C
	Fitness and exercise facilities, > 5,000 sq. ft. gross floor area	P	P	P	P	P	P	P				P		P
	Fitness and exercise facilities, ≥ 5,000 sq. ft. and < 20,000 sq. ft. gross floor area	C	P	C	C	C	P	P				C		P
	Fitness and exercise facilities, ≥ 20,000 sq. ft. gross floor area		P	C	C		C	P				C
	Theaters, indoor		P [10]	P		P		P				P
Retail Sales	Retail < 10,000 sq. ft. gross floor area	P	P	P	P	P	P	P	P			P		C [5]				§ 50.03.003.6.w
	Retail ≥ 10,000 and < 20,000 sq. ft. gross floor area		P	P		P	P	P				P		C [5]				§ 50.03.003.6.x
	Retail ≥ 20,000 sq. ft. gross floor area		P/C			P		P				P		[5]				§ 50.03.003.6.y
Vehicle and Equipment Sales and Services	Auto and light vehicle rental		P [10]	P	P	P	P	P					P					§ 50.03.003.6.d
	Auto and light vehicle sales		P [10]			P							P	P				§ 50.03.003.6.e
	Auto service station and light vehicle repair	C	P/C [10]	P		P							P	P				§ 50.03.003.6.f
	Boat sales and boat repair												P	P
	Car wash		C [10]	P		C							P					§ 50.03.003.6.i
	Heavy vehicle repair													P				§ 50.03.003.6.m
	Parking facilities, off-street	C	P [10]			P	P	P				P						§ 50.03.003.6.q
	Towing service and tow yard												P
	Truck and trailer rental and sales of accessories			P									P
INDUSTRIAL/MANUFACTURING USES																		§ 50.03.003.7
Industrial Service and Storage	Dry cleaning or laundry plant												P	P				§ 50.03.003.7.b
	General storage												P	P
	Lumber yards												P
	Nursery stock production and wholesale												P
	Wholesale distribution												P	P
Manufacturing	Light manufacturing		C	C			P	C					P	P				§ 50.03.003.7.a
	Heavy manufacturing												P					§ 50.03.003.7.a
	Psilocybin production												P	P				§ 50.03.003.7.c
Storage	Self-storage facility												P
Transportation	Railroad facilities												P
Transportation	Transportation depot												P	C
ACCESSORY USES																		General standards: § 50.03.004.1.a
Accessory Uses	Community garden	A	A			A				A	A	A			A	A	A	§ 50.03.003.6.j
	Dwelling, caretaker or watchperson												A	A
	Farm stand	A	A		A	A	A					A						§ 50.03.004.1.b.i
	Food services concessions																A
	Minor park improvements																A
	Retail	A	A	A	A	A	A	A	A			A	A	A				§ 50.03.004.1.b.v
	Restaurant													A				§ 50.03.004.1.b.iv
TEMPORARY USES
Temporary Uses	Temporary private uses of public properties															C

Notes:
[1]	At a net site density of 2,500 sq. ft./lot area per unit area allowed in conjunction with office uses in the same building.
[2]	Attached townhomes only.
[3]	Wholly conducted within an enclosed structure.
[4]	No drive-through businesses are allowed in the West Lake Grove Design District or FMU zone.
[5]	In the portion of the IP zone depicted on Figure 50.03.003-B, additional permitted uses are: institutional use, personal services, commercial recreational facility < 5,000 sq. ft. gross floor area, and retail ≤ 35,000 sq. ft. gross floor area subject to use-specific limitations in LOC § 50.03.003.6. Additional conditional uses are: pet day care partially conducted outside during daytime hours.
[6]	Outright permitted use if the gross floor area and exterior display area are 5,000 sq. ft. or less; conditional use if the gross floor area and exterior display are more than 5,000 sq. ft.
[7]	FMU uses allowed only if the primary building on site was constructed after January 17, 2013.
[8]	If lot has multiple zones, e.g., R-0/EC, see LOC § 50.02.002.2.e.
[9]	Site-specific use limitations, see LOC § 50.02.002.2.c.
[10]	In the GC-zoned area in the vicinity of Jean Way and Boones Ferry Road, as depicted on Figure 50.03.003-C, the following uses are not permitted: residential, congregate housing, community institution, residential care housing, community garden, hospitals, mortuaries, bars, drive-through restaurants, hotels, commercial recreational facilities, theaters, auto and light vehicle rental and sales, auto service station, car wash, and parking facilities (primary use). Editor’s note: Italicized text is added for reader’s convenience. It will be proposed for adoption in a future code update.
[11]	Limited to multifamily residences in the vicinity of Boones Ferry Road and West Sunset Drive, as depicted on Figure 50.03.003-A.1.

Residential – Permitted Uses.

[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. 2643, Amended, 11-4-2014; Ord. No. 2668, Amended, 12-1-2015; Ord. No. 2723, Amended, 10-18-2016; Ord. No. 2732, Amended, 2-21-2017; Ord. No. 2853, Amended, 11-3-2020; Ord. No. 2892, Amended, 6-7-2022; Ord. No. 2938, Amended, 4-2-2024]

Attached, Residential Townhome Uses in West Lake Grove.

Subject to the following conditions, in addition to the other provisions of this Code:

(1)

The minimum net density area for attached townhome housing is 2,500 sq. ft./lot area per unit.

(2)

The minimum required lot width shall be 17 ft. The maximum lot coverage shall be 60%, excluding parking.

(3)

Each unit of attached townhome housing shall be constructed on a separate lot.

ii.

Within the WLG RMU zone:

(1)

Attached townhomes are allowed solely or in conjunction with office uses in the same building.

(2)

When a combination of office-commercial and attached townhome residential uses are proposed together on the same site and in separate buildings, the commercial structure(s) shall front on Boones Ferry Road. Residential buildings shall occupy the rear portion of the parcel which is most proximate to the surrounding residential zoning districts.

iii.

Within the WLG R-2.5 zone:

(1)

The use is "Attached for-sale residential townhomes."

(2)

When subdivisions are proposed in the WLG R-2.5 zone, a minimum density of 80% of the maximum allowed by the zone is required. For purposes of this subsection, the number of lots required shall be determined by dividing the net developable area by the minimum lot size per unit required in the underlying zone, and multiplying this number by 0.8. The result shall be rounded up for any product with a fraction of 0.5 or greater and rounded down for any product with a fraction of less than 0.5. The requirements of this subsection are subject to the exceptions contained in LOC § 50.04.003.10, Exceptions to the Minimum Density Requirement for All Zones.

Manufactured Homes.

General Provisions.

(1)

Manufactured Homes Permitted on Individual Lots and Parcels.

Manufactured homes are permitted on individual lots or parcels in all residential zones as permitted in Table 50.03.002-1: Residential Districts Use Table, in accordance with the placement standards below and all other provisions of this Code which apply to conventionally built dwellings.

(2)

Deed Covenants or Restrictions.

Nothing in these provisions shall be interpreted as superseding deed covenants or restrictions.

(3)

Manufactured Housing Construction and Safety Standards (HUD Code).

Title VI of the 1974 Housing and Community Development Act (42 USC 5401 et seq.) as amended and rules and regulations adopted thereunder; and including information supplied by the manufacturer which has been stamped and approved pursuant to HUD Rules by a "Design Approval Primary Inspection Authority"; and regulations and interpretations of the Act by the Oregon Department of Commerce; all of which became effective for mobile/manufactured home construction on June 15, 1976, shall be utilized as the minimum construction standard of the City of Lake Oswego to which all manufactured home placements shall comply except as provided otherwise by this section.

(4)

State Standards.

Where standards for manufactured home construction and placement are established by state law or Department of Commerce Administrative Rules, such requirements shall apply in addition to those of this section.

(5)

Terms and Definitions.

For purposes of this section only, the definitions of terms used herein and not defined in this Code shall be as defined in ORS Chapter 446 or OAR Chapter 918, Div. 500 as amended.

ii.

Manufactured Home Placement Standards (Individual Lots).

(1)

The manufactured home shall be multi-sectional and enclose a space of not less than 1,000 sq. ft.

(2)

Bear an insignia of compliance with the Manufactured Housing Construction and Safety Standards Code and be:

(a)

A new or not previously occupied unit; or

(b)

Be found upon inspection to be in excellent condition and free of structural, electrical, mechanical, and plumbing defects, any of which must be corrected prior to placement.

(3)

Transportation mechanisms including wheels, axles and hitch must be removed. The manufactured home shall be placed on an excavated and back-filled foundation and enclosed at the perimeter such that the finished floor elevation of the manufactured home is located not more than 12 in. above grade. The perimeter enclosure shall be a nonreflective material and give the outward appearance of a concrete, stone or masonry foundation. This material shall be of weather resistant, noncombustible or self extinguishing materials. The materials below grade and for a distance of six in. above finish grade shall be resistant to decay or oxidation.

All load bearing foundations, supports, and enclosures shall be installed in conformance with the Oregon Department of Commerce regulations (OAR, Chapter 814, Division 23) and with the manufacturer’s installation specifications.

(4)

Have utilities connected in accordance with City of Lake Oswego and Oregon Department of Commerce requirements and manufacturer’s specifications.

(5)

The manufactured home shall have a pitched roof at a minimum of three ft. in height for each 12 ft. in width. Eaves must extend at least one ft. from the intersection of the roof and the exterior walls.

(6)

The manufactured home shall have exterior siding and roofing which is similar to the exterior siding and roofing material commonly used in the community or which is comparable to the predominant materials used on surrounding dwellings (greater than 50%) within 300 ft. of the subject property.

(7)

The manufactured home shall have either an attached or detached garage constructed at the same time the manufactured home is placed on the site or prior to occupancy. The garage shall be constructed of like materials as the manufactured home. An attached carport shall be allowed if more than 50% of homes within 300 ft. of the subject do not have garages.

Garages and carports shall be constructed to the Oregon State Structural Specialty Code.

(8)

If new or previously unoccupied, the manufactured home shall be certified by the manufacturer to have an exterior thermal envelope meeting performance standards which reduce heat loss levels equivalent to the performance of single-family dwellings constructed under the State Building Code as defined by ORS 455.010.

iii.

Placement Permit.

(1)

Requirements.

Prior to the location, relocation, or establishment of any manufactured home, the homeowner or authorized representative shall secure from the Building Official a placement permit which states that the building and its location conform with these and other relevant standards of this Code. Each application for a placement permit shall be accompanied by:

(a)

A plot plan as required for all dwelling units and elevations or photographs of all sides of the home; drawings showing exterior dimensions; information illustrating the type of roofing and siding materials, foundation support system; and foundation enclosure method and materials.

(b)

A copy of the manufacturer’s approved instructions to be used for installation purposes.

(c)

An agreement signed by the homeowner or authorized representative pledging compliance with the terms set by the Building Official in the placement permit and other information as may be required for enforcement of these standards.

(2)

Issuance of Permit.

Following receipt of the required information, the placement permit shall be issued by the Building Official within ten days if all requirements have been met.

(3)

Denial and Revocation of Placement Permit.

The Building Official shall deny a placement permit which does not provide the proper information or which proposes to site a manufactured home not in conformance with the requirements of this Code.

The Building Official shall revoke a placement permit when such permit was issued on the basis of incorrect or misleading information. In this case the applicant shall cease work on the placement and/or occupancy of the unit and reapply for a placement permit and pay the required fees within five days of written notification of revocation by the Building Official. If the Building Official determines that it is not possible for placement of the manufactured home or the unit itself to meet the requirements of this Code, then it shall be removed from the site within 15 working days of written notice.

iv.

Occupancy Certificate.

Occupancy Requirement: Prior to the occupancy of any manufactured home, the homeowner or authorized representative shall request from the Building Official a Certificate of Completion stating that all requirements of this Code have been complied with. The Building Official shall inspect the property and if all requirements have been complied with, an occupancy certificate shall be issued.

If the applicant has not met the required conditions and standards, the Building Official may issue a temporary occupancy certificate along with a written statement of requirements to be met. The temporary occupancy permit shall not exceed 30 days.

The Building Official may also elect not to issue the certificate of occupancy if there is a substantial degree of noncompliance with the standards of this Code. The manufactured home shall not be occupied until these standards have been complied with.

Manufactured Home Park or Subdivision.

Must be located in the R-0, R-3 or R-5 zones.

ii.

Maximum project size of ten acres; one-half acre minimum project size.

iii.

Must be located on arterial or collector street.

iv.

Public services must have the capacity to serve the proposed development.

Must be separated from other manufactured home parks or subdivisions by either:

(1)

A distance of one mile; or

(2)

By a permanent topographic or vegetative buffer such as a hill or wooded area which completely screens one manufactured home park from another or from existing residential development. If newly planted, the screening must be of a size to form an effective screen in five years.

Cottage Clusters.

In addition to the standards above, the following design standards shall be applied to cottage cluster developments:

Individual cottage cluster dwellings must have a footprint of no more than 900 sq. ft. each.

ii.

Common Courtyard Design Standards.

Figure 50.03.003-D: Cottage Cluster Orientation and Common Courtyard Standards

(1)

Each cottage cluster shall include no more than one common courtyard per lot that meets the following standards:

(a)

The common courtyard must be a single, contiguous piece on one lot;

(b)

Cottages must abut the common courtyard on at least two sides of the common courtyard;

(c)

The common courtyard must contain a minimum of 150 sq. ft. per cottage within the associated cluster;

(d)

The common courtyard must be a minimum of 15 ft. wide at its narrowest dimension;

(e)

The common courtyard shall be developed with a mix of landscaping, lawn area, pedestrian paths, or paved area, and may also include recreational amenities. Impervious elements shall not exceed 75% of the total common courtyard area;

(f)

Pedestrian paths must be included in a common courtyard;

(g)

Paths that abut a courtyard shall count toward the courtyard’s minimum dimension and area. Parking areas, required setbacks, and driveways do not qualify as part of a common courtyard.

(2)

A common courtyard may function as a community yard. Hard and soft landscape features may be included in a common courtyard, such as pedestrian paths, lawn, ground cover, trees, shrubs, patios, benches, or gazebos.

iii.

Cottage Orientation.

(1)

Each cottage within a cluster must either abut a common courtyard or must be connected to it by a pedestrian path.

(2)

A minimum of 50% of cottages within a cluster must be oriented to the common courtyard by:

(a)

Having a primary entrance into the living area of the cottage facing the common courtyard;

(b)

Being within ten 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 feet 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 to face the courtyard to comply with subsection 1.d.iii(2) of this section.

(4)

Cottages not facing the common courtyard or the street must have their primary entrance into 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.

(1)

Cottage cluster developments may include community buildings for the shared use of residents that provide space for accessory amenities such as community meeting rooms, guest housing, exercise rooms, day care, or community eating areas. Community buildings must meet the following standards:

(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

(b)

A community building that meets this Code’s definition of a dwelling unit must meet the maximum 900 sq. ft. footprint limitation that applies to cottages, unless a covenant is recorded against the property stating that the structure is not a dwelling unit and will not be used as a primary dwelling.

Pedestrian Access.

(1)

A pedestrian circulation plan is required that provides accessible paths connecting the main entrance of each cottage to the following:

(a)

The common courtyard;

(b)

Shared parking area(s);

(c)

Community building(s); and

(d)

Sidewalks or public pathways in public rights-of-way abutting the site or rights-of-way if there are no sidewalks.

(2)

The pedestrian path must be hard-surfaced and a minimum of four ft. wide.

vi.

Parking Design.

Figure 50.03.003-E: Cottage Cluster Parking Design Standards

(1)

Clustered Parking.

Off-street parking shall be arranged in clusters, subject to the following standards:

(a)

Cottage cluster developments are permitted parking clusters of not more than five abutting spaces.

(b)

Parking clusters must be separated from other parking spaces by at least four feet of landscaping.

(c)

Clustered parking areas may be covered.

(2)

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.

(b)

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.

(c)

Off-street parking spaces shall not be located within ten ft. of any other lot line, except for lot lines abutting alleys. Driveways and drive aisles are permitted within ten ft. of other property lines.

(3)

Screening.

Landscaping screening that consists of a minimum of 50% evergreen shrubs or trees that can obtain a minimum height of three ft. within two years of planting, fencing, or walls at least three ft. tall shall separate clustered parking areas and detached garages from common courtyards and public streets.

(4)

Garages.

(a)

Garages (whether shared or individual) shall not abut common courtyards.

(b)

Individual detached garages must not exceed 400 sq. ft. in floor area.

(c)

Garage doors for attached and detached individual garages must not exceed 20 ft. in width.

(d)

Garages with opening(s) that face the street must comply with LOC § 50.06.001.4, Garage Appearance and Location.

vii.

Accessory Structures.

Accessory structures shall not exceed 400 sq. ft. in gross floor area.

viii.

Existing Structures.

On a lot or parcel to be used for a cottage cluster development, an existing detached single-family dwelling on the same lot at the time of proposed development of the cottage cluster may remain within the cottage cluster development area under the following standards:

(1)

The existing dwelling may be nonconforming with respect to the requirements of this subsection 1.d.

(2)

An existing dwelling that is less than the maximum height of the underlying zone or the maximum building footprint of 900 sq. ft. may be expanded up to the maximum height or footprint.

(3)

The floor area of the existing dwelling shall not count towards the maximum average floor area of a cottage cluster.

(4)

The existing dwelling shall be excluded from the calculation of orientation toward the common courtyard, per subsection 1.d.ii(1) of this section.

ix.

Shared Facilities.

All shared garbage and storage facilities and mechanical equipment shall be screened from view so that garbage containers and equipment are not visible from the street.

Townhouse Projects.

In addition to the standards in subsections 1.a through 1.c of this section, no more than four units shall be allowed in an attached townhouse structure.

Residential Uses in Commercial and Special Purpose Zones.

[Ord. No. 2723, Amended, 10-18-2016; Ord. No. 2855, Amended, 12-15-2020; Ord. No. 2872, Amended, 10-5-2021]

GC and NC.

Except as specifically allowed in LOC § 50.02.002.2, Specific Standards for Commercial, Mixed Use, and Industrial Zones, a residential use may occupy the ground floor in the GC or NC zones only if a commercial use is located along the street frontage and the residential use is located behind the commercial use with the following exceptions:

A residential use may occupy the ground floor in the GC zone at street frontage designated Park Lane, Crossroads Gateway or Campus Woods within the Lake Grove Village Center Overlay District (see Village Character Map, LOC Figure 50.05.007-D).

ii.

On a corner site, the residential use is behind the commercial use as viewed from the higher classification street.

EC Zone.

With a maximum 3.0:1 FAR (four unit minimum) on parcels > 6,000 sq. ft. in size. For parcels ≤ 6,000 sq. ft. in size, there is no minimum unit requirement. Use not allowed on ground floor within the area depicted on Figure 50.03.003-A: Area of Ground Floor Residential Use Prohibition in EC District.

Figure 50.03.003-A: Area of Ground Floor Residential Use Prohibition in EC District

CI Zone.

Multifamily housing use is limited to Subarea I as shown on the Marylhurst Campus map in LOC § 50.11.006: Appendix F, and shall consist of 20 or more units where at least 10% of the units are continuously rented, leased or made available for an amount of rent plus expenses associated with occupancy, such as utilities and fees, totaling not more than 30% of the income level that is 80% of area median income according to the Clackamas County Housing Authority’s income limits for affordable housing, adjusted for household size.

WLG OC Zone.

Residential uses are limited to multifamily residences in the vicinity of Boones Ferry Road and West Sunset Drive, as depicted on Figure 50.03.003-A.1, and shall consist of 20 or more units where at least ten percent of the units are continuously rented, leased or made available for an amount of rent plus expenses associated with occupancy, such as utilities and fees, totaling not more than 30% of the income level that is 80% of area median income according to the Clackamas County Housing Authority’s income limits for affordable housing, adjusted for household size.

Figure 50.03.003-A.1: Area of Residential Use Allowance in WLG OC Zone

Conditional Uses in the R-2 and R-6 Zones.

[Ord. No. 2723, Added, 10-18-2016; Ord. No. 2725, Amended, 12-6-2016]

In addition to the criteria contained in LOC § 50.07.005, Conditional Use Permits, an application to establish a new conditional use in the R-2 or R-6 zones must comply with the following criteria:

A new conditional use shall not be located on a street with a traffic level that exceeds the functional classification of the street as set forth in the Lake Oswego Comprehensive Plan connected community chapter.

If the street upon which the new use will be located is an arterial or collector and is currently operating within the parameters of its functional classification as set forth in the Lake Oswego Comprehensive Plan connected community chapter, the use shall not cause the street to exceed the allowable amount of traffic for its functional classification.

If the street upon which the new use will be located is a local street and is currently operating within the parameters of its functional classification as set forth in the Lake Oswego Comprehensive Plan connected community chapter, the use shall not have a traffic impact (TI) of greater than 10. Traffic impact is based on the increase in average daily trips (ADT) and is calculated as follows:

In the R-2 Zone: TI = ADT Increase/ (lot size/2,000);

ii.

In the R-6 Zone: TI = ADT Increase/ (lot size/6,000).

Where available, a conditional use shall take access from collector or arterial streets and not from local streets.

Exception: A conditional use may take access from a local street if a traffic evaluation indicates that access to the local street would improve public safety or traffic management when compared to access from the available collector or arterial.

Conditional Use Standards for Group and Institutional Housing.

[Ord. No. 2639, Amended, 6-3-2014; Ord. No. 2643, Amended, 11-4-2014; Ord. No. 2668, Amended, 12-1-2015; Ord. No. 2707, Amended, 5-17-2016; Ord. No. 2713, Amended, 9-20-2016; Ord. No. 2723, Amended, 10-18-2016; Ord. No. 2892, Amended, 6-7-2022]

Residential Care Housing and Congregate Housing.

Generally Applicable Standards.

(1)

Any site to be used for residential care housing or congregate housing shall be at least one-half acre in size. All abutting property, which is in one ownership or the subject of a joint application involving more than one ownership, shall be considered as the site.

(2)

All requirements of the underlying zone, such as lot coverage, height limitations, setbacks and of the Lake Oswego Code generally, shall be complied with unless modified by this section. However, there are no density limitations on the number of residential care or congregate housing living units, which may be developed, provided all the other requirements of the Code and other governmental regulatory agencies are met.

(3)

Within the allowed 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.

(4)

Any building to be occupied for residential care housing and congregate housing shall be designed or renovated specifically for this use. Any required regulatory licenses shall be obtained before residents occupy the building.

(5)

All public services shall be available and have the capacity to serve the facility.

(6)

Site design shall illustrate the accommodation of the special accessibility needs of those with varying levels of disabilities such as grade and width of walkways, exterior lighting, signage, resident parking, and orientation of entrances, which emphasize easy recognition.

(7)

Buffering and screening of the facility with fences, walls and landscaping shall be required to mitigate external noise and other disruptive conditions from surrounding uses such as light glare.

(8)

At least 20% of the development site exclusive of areas required for park land and Sensitive Lands protection shall be landscaped. The required landscaped area is inclusive of landscaping required for parking lots, and within required buffer areas. Landscaping may include courtyards, raised beds and planters, espaliers, arbors and trellises.

(9)

Large expanses of paving, including surface off-street parking and loading areas but excluding underground parking and loading, shall be landscaped. These areas shall be buffered and screened from adjoining land uses with landscaping. Trees shall be integral to the landscaping plan and incorporated into parking lot design to provide for shade and surface water runoff and quality benefits.

(10)

Buildings and the development site shall be designed with a residential character and theme. Development in the EC zone is subject to the requirements of LOC § 50.05.004, Downtown Redevelopment Design District. If a conflict exists between LOC § 50.05.004 and the requirements below, LOC § 50.05.004 shall prevail. To achieve a residential character and theme, the reviewing authority may require design elements including, but not limited to, any or all of the following:

(a)

Complex massing and asymmetrical building composition;

(b)

Use of masonry, wood or wood appearing composites as exterior cladding materials;

(c)

Use of harmonious building materials and earth and muted tone colors and compatible color accents;

(d)

Lush landscaping including the use of border plantings and trees throughout the development site.

(11)

Monotony of design in single or multiple buildings shall be avoided. Variation of detail, form, and building siting shall be used to enhance design quality. To achieve these objectives, the reviewing authority may impose requirements including, but not limited to, any or all of the following:

(a)

No continuous blank walls shall be allowed along the public front of the buildings and shall not exceed 25 linear ft. without windows, recess, or change of plane. Appropriate use of windows shall be made to provide scale with the amount of fenestration or glazing proportional to the mass of the building facade.

(b)

Architectural features and accents such as bay windows, gables, dormers and projecting eaves shall be used to break up roof expanses. Verandas and projecting balconies shall be used where safe and practical.

(c)

Roof materials shall consist of cedar shingles, tiles, or three tab composite shingles in dark gray, green or black colors. Metal roofs and colored roofs, other than those mentioned above, and mansard or decorative roof forms are prohibited.

(12)

Buildings shall use materials that are architecturally harmonious for all walls and exterior components. To achieve this objective, the reviewing authority may impose requirements including, but not limited to, the following:

(a)

Materials for building walls may consist of wood shingle, brick, horizontal wood or composite wood siding, stone, masonry, concrete block which mimics stone, brick or other masonry. Stucco and timbers shall be allowed on gable ends only.

(b)

The following exterior materials are not allowed: EIFS or other synthetic stucco material; metal panels; flagstone; plywood paneling; vinyl cladding; mirrored glass; standard form concrete block; backlit fabrics.

(13)

Building vents and mechanical devices shall be screened from view with materials harmonious to the building. Exterior site elements such as storage, trash collection areas and noise generating equipment shall be located away from abutting property lines and sight-obscuring fencing and landscaping shall be used to screen and buffer these areas.

(14)

Access to public and commercial services, parks and other recreation areas, churches, shopping, and other places frequented by the public in the course of daily life shall be made available to the residents through a transport service privately provided by the residential care housing facility.

(15)

Access to public sidewalks and/or pathways shall be provided. Street crossings bordering on streets three lanes and larger shall be located at traffic light controlled crossings. Crossings on two lane streets classified as either collectors or arterials may occur at sign controlled intersections. All other crossings may occur at noncontrolled intersections provided that safe sight distance per the AASHTO Standards is present. When projects are located on streets greater than 10,000 ADT and it can reasonably be expected that future residents will cross these streets, a traffic study shall be required to show that safe sight distance and adequate traffic "gaps" exist to allow safe crossing.

Residential Care Housing Facilities and Congregate Housing in R-7.5, R-10 and R-15 Zones.

Any site to be used for residential care housing or congregate housing in an R-7.5, R-10 or R-15 zone shall be at least one-half acre in size.

ii.

Any site to be used for residential care housing or congregate housing and proposed to be located on a neighborhood or major collector street shall also have the following characteristics in addition to the other specific standards in this section:

(1)

There are higher intensity land uses the vicinity of the site proposed for residential care housing such as:

(a)

Commercial uses;

(b)

Institutional uses such as schools, churches; or

(c)

Multi-family residential development;

(2)

The proposed residential care housing or congregate housing project would be a transitional land use between more intense land uses and the collector street(s) and abutting or adjacent residential uses;

(3)

Public parks or useable public open spaces are easily accessible via public or private bus service or are within walking distance; and

(4)

Retail and professional services and churches are within a short distance from the development site and can be walked to or are easily accessible by public or private bus service.

iii.

All abutting property, which is in one ownership or the subject of a joint application involving more than one ownership, shall be considered as one site.

iv.

All setback and height requirements of the underlying zone shall be complied with unless modified by this section. However, there are no limitations on the number of residential care or congregate housing living units which may be developed, provided all the other requirements of the Code and other governmental regulatory agencies are met.

Maximum lot coverage shall be 40%.

vi.

Except as modified by this section, all of the requirements of subsection 2.a of this section shall also be applied to applications for residential care or congregate housing.

vii.

Minimize to the extent practicable the effects of traffic caused by shift changes, particularly noise and the safety of pedestrians, particularly school children.

viii.

Maintain any existing surrounding residential neighborhood scale and character in regard to lot coverage, design and size of structures, landscaping, buffering and screening, location and width of driveways, signage, exterior lighting, and location of parking, loading and service facilities.

Skilled Nursing Facilities in the R-0, WLG R-2.5, R-3 and R-5 Zones.

Any site to be used for a skilled nursing facility shall abut a major or minor arterial street. Access to the development site shall be by the street(s) with the highest classification unless prohibited by access constraints.

ii.

Any site to be used for a skilled nursing facility shall be at least one-half acre in size. All property, which is in one ownership or the subject of a joint application involving more than one ownership, shall be considered as the site.

iii.

All requirements of the underlying zone, such as lot coverage, height limitations, setbacks and of the Lake Oswego Code generally shall be complied with unless modified by this section. However, there are no density limitations on the number of beds or rooms within a skilled nursing facility provided all the other requirements of the Lake Oswego Code and other governmental regulatory agencies are met.

iv.

Any building(s) to be occupied as a skilled nursing facility shall be designed or renovated specifically for this use.

All public services shall be available and have the capacity to serve the facility.

vi.

Minimum setbacks shall be as follows:

(1)

25 ft. for the front and rear yards and 15 ft. for side yards.

(2)

25 ft. from property lines abutting or adjacent to a residential zone or the setback required by the zone, whichever is greater. If an abutting or adjacent residential zone has been developed for a use other than for residential purposes the smaller setbacks shall apply.

vii.

The maximum height of a skilled nursing facility shall conform to the height requirements of the applicable zone.

viii.

Any of the requirements of subsection 2.a of this section, Residential Care Housing and Congregate Housing, may also be applied to applications for skilled nursing facilities by the reviewing authority as necessary to comply with conditional use permit requirements.

ix.

On sites bordered by residential zones, the approval authority may apply additional conditions to:

(1)

Mitigate the effects of traffic caused shift changes, particularly noise and the safety of pedestrians, particularly school children.

(2)

Maintain residential neighborhood scale in regard to size of structures, location and width of driveways, signage, exterior lighting, and location of parking, loading and service facilities.

Any buildings and the development site to be used for a skilled nursing facility shall be designed with a residential character and theme. To achieve a residential character and theme, the reviewing authority may require design elements including, but not limited to, any or all of the following:

(1)

Complex massing and asymmetrical building composition;

(2)

Use of masonry, wood or wood appearing composites as exterior cladding materials;

(3)

Use of harmonious building materials and earth and muted tone colors and compatible color accents;

(4)

Lush landscaping including the use of border plantings and trees throughout the development site.

xi.

Monotony of design in single or multiple skilled nursing facility buildings shall be avoided. Variation of detail, form, and building siting shall be used to enhance design quality. To achieve these objectives, the reviewing authority may impose requirements including, but not limited to, any or all of the following:

Buildings to be used for a skilled nursing facility shall use materials that are architecturally harmonious for all walls and exterior components. To achieve this objective, the reviewing authority may impose requirements including, but not limited to, the following:

(1)

(2)

Standards for Public, Institutional and Civic Uses.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2526, Amended, 12-18-2012; Ord. No. 2643, Amended, 11-4-2014; Ord. No. 2723, Amended, 10-18-2016; Ord. No. 2783, Amended, 6-19-2018; Ord. No. 2892, Amended, 6-7-2022; Ord. No. 2909, Amended, 2-7-2023]

Religious Institution and Related Facilities.

Access streets have capacity to carry the projected traffic volumes.

ii.

The structure may exceed the maximum height limitation of the zone, to a structure height of no more than 50 ft.

iii.

The lot is sufficient size to allow all required yards to be equal to at least two-thirds the height of the principal structure.

Minor Public Facilities.

In the WLG RMU zone, a minor public facility building shall be limited to a total floor area of 8,000 sq. ft. in a multi-story building, with no more than 5,000 sq. ft. on any floor.

Major Public Facilities and Institutional Uses Not Covered by Other Specific Standards.

Utilities, streets or other necessary improvements to the public facility or institutional use shall be provided by the agency constructing the use.

ii.

When located in a residential zone, access should be located on a collector street if practical. If access is to a local residential street, consideration of a request shall include an analysis of the projected average daily trips to be generated by the proposed use and their distribution pattern, and the impact of the traffic on the capacity of the street system which would serve the use. A traffic study will be required of the applicant to identify the projected average daily trips to be generated and their distribution pattern. Uses which are estimated to generate fewer than 20 trips per week shall be exempted from the requirements of this subsection.

iii.

When located in a residential zone, lot area shall be sufficient to allow required yards which are at least two-thirds the height of the principal structure.

iv.

The height limitation of a zone may be exceeded to a maximum height of 50 ft.

Noise-generating equipment shall be sound buffered when adjacent to residential areas.

vi.

Lighting shall be designed to avoid glare on adjacent residential uses.

vii.

Levels of operations shall be adjusted to avoid conflict with adjacent uses where practical.

Park, Public.

Parks are a permitted use in the PNA zone, except activities defined as ‘major park improvements’ shall be allowed by conditional use only.

ii.

Uses authorized under a Parks Master Plan are permitted uses.

Social, Recreational, or Cultural Facilities, Non-Profit.

In the R-0, R-3, and R-5 zones, an application for a conditional use permit to locate a nonprofit social, recreational or cultural facility shall comply with the following standards.

The proposed facility or use shall be located on property adjacent on at least one side to a property of equal or larger size that is already developed with a nonprofit use permitted outright or as a conditional use in the zone.

ii.

Members of the organization proposing and which will use the nonprofit facility or use shall reside in adjacent planned developments or within one-fourth mile of a planned development with participating residents and shall not be separated from the proposed development or each other by a freeway, a major or minor arterial or the urban service boundary of the City of Lake Oswego.

iii.

Adequate utilities, streets or other improvements shall be provided by the developer of the facility or use.

iv.

When located in a residential zone, lot area shall be sufficient to comply with the lot coverage, setbacks and yards required by the zone.

Sound barriers, buffers or reduction techniques shall be required for noise generating activities, facilities or equipment located on properties adjacent to residential areas.

vi.

Lighting shall be designed to avoid glare on adjacent residential uses.

vii.

The time, manner or nature of operation shall be adjusted to avoid conflict with adjacent uses.

Educational Institution and Day Care Center Uses.

All educational institutions and day care centers shall provide on-site circulation as required by LOC § 50.06.003.3.b, walkways as required by LOC Chapter 42, and safe loading, ingress, and egress on and to the site.

ii.

In the WLG OC zone, this use is limited to 5,000 sq. ft. of gross floor area.

Telecommunications Facilities.

Purpose.

The purpose of this section is to establish design and siting standards for telecommunication facilities that:

(1)

Reduce visual impacts of antennas, towers and ancillary facilities through careful design, siting, and vegetative screening;

(2)

Avoid damage to adjacent properties from tower failure and falling ice, through engineering and careful siting of tower structures;

(3)

Maximize use of any new transmission tower and any existing suitable structures to reduce the need for additional towers; and

(4)

Allow transmission towers in residential areas only when necessary to meet functional requirements of the telecommunications industry.

ii.

Applicability.

These standards shall apply to new telecommunication facilities and collocated telecommunication facilities and not pre-existing towers or pre-existing antennas.

iii.

Approval Criteria for Collocated Facilities.

(1)

Site Size.

No minimum lot size shall apply when a telecommunications facility is collocated on an existing building or structure.

(2)

Facilities for Collocation.

(a)

Priorities for Facilities.

Collocation shall occur in the following order of facilities:

(i)

Facilities where the collocated facility will project not more than ten ft. higher than the highest point of the existing facility:

(A)

Previously approved telecommunications tower;

(B)

Existing nonconforming telecommunications tower;

(C)

Existing buildings;

(D)

Utility (electric, cable, telephone, etc.) and light poles.

(ii)

Facilities where the collocated facility will project more than ten ft. higher than the highest point of the existing facility:

(A)

Previously approved telecommunications tower;

(B)

Existing nonconforming telecommunications tower;

(C)

Utility (electric, cable, telephone, etc.) and light poles;

(D)

Existing buildings.

(b)

Suitability of Facility for Collocation.

To determine the suitability of the existing facility for the proposed collocation facility or structure, the applicant must show that:

(i)

There are no reasonably feasible telecommunication facilities in a higher classification under subsection 5.g.iii(2)(a) of this section that can meet the requirements of this subsection for a collocated facility and provide the necessary telecommunication service;

(ii)

The addition of the antenna equipment will not interfere with the normal operation of utilities or existing transmission facilities and the collocated facility complies with the height limit in subsection 5.g.iii(3) of this section;

(iii)

The collocation improvements must satisfy the standards for the underlying zone, except as provided by subsection 5.g.iii(3) of this section;

(iv)

The existing structure, if structurally enhanced in order to permit collocation, does not result in a decrease of the setback of the reconstructed structure as described in subsection 5.g.iii(1) of this section and the height of the reconstructed facility complies with the height limit contained in subsection 5.g.iii(3) of this section as applied to the existing structure prior to replacement or reconstruction; and

(v)

The collocation may not involve the removal of any previously approved landscaping/buffering.

(3)

Height Limit.

Collocated facilities are exempt from the height limits of the underlying zone, but shall be no more than ten ft. taller than the existing structure in a residential zone, a mixed residential/commercial zone, or Public Functions zone, or no more than 20 ft. taller than the existing structure in a commercial, public use, or industrial zone.

Exceptions: A collocated facility shall be no taller than the existing facility where the height of the existing facility has previously been increased in excess of the height limit of the underlying zone as a result of approval of a prior collocation application pursuant to this section.

(4)

Visual Impact.

(a)

All ancillary facilities shall be screened, hidden or disguised.

(b)

Antennas shall be screened, hidden or disguised, or shall be painted or colored to blend into the structure or surroundings.

(5)

Processed as New Facility.

A proposed collocated facility that does not comply with the approval criteria for collocated facilities shall be processed as a new facility.

iv.

Approval Criteria for New Facilities.

(1)

Site Size.

A new facility shall be sited on a parcel of a size and shape that complies with the following criteria:

(a)

Setbacks – Tower.

The tower footprint shall be set back at least two-thirds the tower height from any property line. This setback may be reduced if the applicant can demonstrate that:

(i)

The shape or configuration of the parcel prevents compliance with the setback standard or that a reduction in setback is necessary to take advantage of screening opportunities (such as tall trees, tree groves, buildings, or other tall elements) not available within the required setback area;

(ii)

The reduction in setback is the minimum required to best camouflage the facility;

(iii)

Adequate clearance between the facility and property line can be provided to accommodate landscaping and fencing; and

(iv)

The reduction in setback will not cause a greater visual impact to adjacent uses.

(b)

Setbacks – Ancillary Facilities.

Ancillary facilities shall be set back the same as required for primary structures of the zone, except that the side or rear yard setback may be reduced in a residential zone if the ancillary facilities meet the criteria in LOC § 50.03.004.2.b.

(c)

The tower pad shall be sited in a location that permits additional expansion to accommodate future collocated ancillary facilities. The tower shall be located centrally on this pad. This standard shall not apply to antennas attached to existing structures or towers located on rooftops.

(d)

A licensed structural engineer’s analysis shall be submitted to demonstrate that the potential impact of tower failure and ice falling from the tower will be accommodated on site.

(e)

Separation from Pre-Existing Towers.

New towers shall be separated from existing towers by at least the following distances, measured in a straight line from the base of the proposed new tower to the base of any pre-existing tower:

TABLE 50.03.003-1: SEPARATION FROM PRE-EXISTING TOWERS
	Lattice (ft.)	Guyed (ft.)	Monopole ≥ 80 ft. in height (ft.)	Monopole < 80 ft. in height (ft.)
Lattice	5,000	5,000	1,500	750
Guyed	5,000	5,000	1,500	750
Monopole ≥ 80 ft. in height	1,500	1,500	1,500	750
Monopole < 80 ft. in height	750	750	750	750

(2)

Collocation to Be Explored; Accommodated.

(a)

Before an application for a new transmission tower is accepted, applicants shall demonstrate that they have exhausted all practicable collocation options within the proposed service area pursuant to LOC §§ 50.07.004.12.a.i and 50.07.004.12.a.iv including placement of antennas on existing tall structures and placing multiple antennas or attachments on a single tower. To demonstrate that all practicable collocation options have been exhausted, the applicant shall demonstrate that:

(i)

No existing towers or support structures, or approved but not yet constructed towers or support structures, are located within the geographic area required to meet the applicant’s engineering requirements;

(ii)

Existing towers or support structures are not of sufficient height to meet the applicant’s engineering requirements;

(iii)

Existing towers or support structures do not have sufficient structural strength to support the applicant’s proposed antenna and related equipment;

(iv)

The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing tower or support structure, or the existing antenna would cause interference with the applicant’s proposed antenna; or

(v)

There are other limiting factors that render existing towers and support structures unsuitable.

(b)

Accommodation of Future Collocation.

New towers shall be constructed so as to accommodate future collocation, based on expected demand for transmission towers in the service area. Towers shall be designed so as to accommodate a minimum expansion of three two-way antennas for every 40 vertical ft. of tower.

(c)

Multiple Attachments on Utility Towers.

In conformance with the Telecommunication Act of 1996, Section 703, a utility shall provide any telecommunications carrier with nondiscriminatory access to any pole, duct, conduit, or right-of-way owned or controlled by it, unless there is insufficient capacity or access cannot be granted for reasons of safety, reliability, and generally applicable engineering purposes.

(d)

Ancillary facilities for collocated facilities shall be set back the same as required for primary structures of the zone, except that the side or rear yard setback may be reduced in a residential zone if the ancillary facilities meet the criteria in LOC § 50.03.004.2.b.

(3)

Height.

New telecommunication facilities shall not exceed the height limits of the underlying zone, unless the applicant demonstrates that:

(a)

There is a service area need for the proposed facility at the proposed location;

(b)

The increase in height above the maximum allowed height for the zone is the minimum increase necessary to eliminate service shadows;

(c)

That providing coverage with telecommunications facilities which comply with the height requirements of the zone would result in unacceptable proliferation of such facilities. For the purposes of this subsection, "unacceptable proliferation" means an increase in the number of transmission towers by a factor of four in order to achieve the same level of adequate service. An increase in the number of transmission towers shall not include facilities or towers that would qualify as collocated facilities;

(d)

The negative visual impacts on adjacent properties can be minimized by screening or disguising the facility.

The applicant may be required to pay for an independent radio frequency engineer or similar consultant to verify the need for this request.

(4)

Visual Impact.

The applicant shall demonstrate that telecommunications facilities will have the least practicable visual impact on the environment, considering technical, engineering, economic, and other pertinent factors.

(a)

The height and mass of the telecommunications facilities shall not exceed that essential for its intended use and public safety, as demonstrated in a report prepared by a licensed structural engineer.

(b)

Telecommunications facilities 200 ft. or less in height shall be camouflaged to ensure the facility is visually subordinate to surrounding objects and colors.

(c)

Towers more than 200 ft. in height shall be painted in accordance with the Oregon State Aeronautics Division and Federal Aviation Administration. Applicants shall attempt to seek a waiver from OSAD and FAA marking requirements. When a waiver has been granted, towers shall be painted and/or camouflaged in accordance with subsection 3.e.iv(4)(b) of this section.

(5)

Accessory Uses.

Accessory uses shall include only building facilities that are necessary for transmission function and associated satellite ground stations, and shall not include broadcast studios (except for emergency broadcast), offices, vehicle storage areas, nor other similar uses not necessary for the transmission or relay function. No unenclosed storage of materials is allowed.

(6)

Lighting.

No lighting shall be permitted on transmission towers except that required by the Oregon State Aeronautics Division or Federal Aviation Administration. This standard shall not prevent shared use or replacement of an existing light pole. For collocation on existing or replaced light poles, the transmission tower shall have no net increase to the spread, intensity, or direction of the existing light source.

(7)

Fences and Landscaping.

(a)

The tower(s) and ancillary facilities shall be enclosed by a six ft. fence meeting the requirements of LOC § 50.06.004.2.

(b)

Landscaping shall be placed outside of fences and shall consist of fast growing vegetation placed densely so as to form a solid hedge with a minimum planted height of six ft.

(c)

For new towers, landscaping and fencing shall be compatible with other nearby landscaping and fencing.

(d)

Where antennas or towers and ancillary facilities are to be located on existing buildings or structures and are secure from public access, landscaping and fencing requirements may be waived.

(8)

Signs.

One non-illuminated sign, not to exceed two sq. ft., shall be provided at the main entrance to the facility stating a contact name and phone number for emergency purposes. Signs shall not be placed on towers and antennas.

Abandoned Facilities.

A telecommunication facility that is unused for a period of six consecutive months or longer is hereby declared abandoned. Abandoned facilities shall be removed by the property owner no later than 90 days from date of abandonment. Failure to remove an abandoned facility is declared a public nuisance and is subject to the penalties established by LOC Article 34.04. Upon written application, prior to the expiration of the six-month period, the City Manager shall, in writing, grant a six-month extension for reuse of the facility. Additional extensions beyond the first six-month extension may be granted by the City Manager subject to any conditions required to bring the project or facility into compliance with current law(s) and make compatible with surrounding development.

Telecommunications Facilities in Residential or Mixed Residential/Commercial Zones.

In addition to compliance with the approval standards in LOC §§ 50.03.003.5.g.iv and 50.07.004.12, and the general conditional use criteria in LOC § 50.07.005, Conditional Use Permits, telecommunications facilities designated as a conditional use in residential or mixed residential/commercial zones shall comply with the following standards:

New telecommunications facilities shall not be located on a parcel containing an existing single-family dwelling or middle housing.

ii.

Antenna(s) must be located no closer than 35 ft. from any habitable structure. Tower guy anchors must meet the normal setbacks of the underlying zone.

iii.

If the proposed facility will exceed the 50 ft. height limitation of the Lake Oswego Charter in a residential zone, the applicant shall demonstrate that:

(1)

The facility could not feasibly be located outside of a residential zone;

(2)

There are no alternatives available to meet the required coverage area; and

(3)

The height is no taller than necessary to provide adequate transmission.

Use-Specific Standards for Commercial Uses.

[Ord. No. 2723, Amended, 10-18-2016; Ord. No. 2736, Amended, 3-7-2017; Ord. No. 2851, Amended, 9-15-2020; amended 12-5-2023 by Ord. No. 2928]

Figure 50.03.003-B: IP Zone Additional Use Area

Figure 50.03.003-C: GC Zone Limited Use Area

Conditional Uses Listed in Commercial or Industrial Zones and Not Covered by Other Specific Standards.

The site will be designed so that ingress and egress will not cause hazardous turning movements, traffic slow-downs or blockages due to storage of vehicles waiting for services.

ii.

Public services are or can be provided at the site.

iii.

All outdoor lighting except security lighting shall be extinguished at the close of business hours.

iv.

Any adverse impacts on adjoining residential uses such as noise, lights, or loss of privacy will be mitigated by landscaping, screening or increased setbacks.

Parking shall meet the parking standards and may be increased if additional spaces are shown to be necessary.

Agriculture.

The raising of livestock requires approval of a conditional use permit.

Arcade, Gaming.

In the NC zone, uses exceeding 2,000 sq. ft. in gross floor area require approval of a conditional use permit.

Auto and Light Vehicle Rental.

In the GC, EC, CR&D, MC and FMU zones, all vehicle storage shall be off site.

Auto and Light Vehicle Sales.

This use is not permitted on properties located in the Lake Grove Village Center Overlay district.

ii.

In the IP zone, the storage and display of vehicles shall be within fully enclosed buildings.

Auto Service Station and Vehicle Repair.

If the primary use is an auto service station with vehicle repair as an accessory use, the use is only permitted in the Lake Grove Village Center Overlay (LGVCO) district with the approval of a conditional use permit and if the following additional criteria are met:

(1)

The use is located no closer than 1,000 linear ft. to another auto service station;

(2)

No more than two auto service stations are located within a distance of 5,000 linear ft.;

(3)

The use does not include more than eight auto fueling devices; and

(4)

The use is not located in a Village Transition Area.

ii.

If the primary use is for vehicle repair with no auto fuel sales, or fuel sales as an accessory activity, the use is only permitted in the Village Transition Areas (VTA) of the LGVCO district with the approval of a conditional use permit, and if the following additional criteria are met:

(1)

The use is an expansion of an existing vehicle repair use;

(2)

The facility includes a retail or office use and a storefront appearance along fronting collector and local streets;

(3)

No direct vehicle access is provided from streets adjacent to residential zones; and

(4)

No operational repair doors face any collector or local street.

iii.

In the GC and EC zones, vehicle repair activities shall be conducted wholly within an enclosed structure.

iv.

In the I zone, vehicle repair activities shall be screened by sight-obscuring fence from public rights-of-way.

In the IP zone, light vehicle repair is only a permitted use without an associated auto service station.

Bakery.

In the WLG OC zone, the seating area shall not exceed 700 sq. ft. of gross floor area.

ii.

Where on-site baked goods are sold within the building in the NC, HC, OC, CR&D, MC, and WLG OC zones, the business shall not exceed 5,000 sq. ft. gross floor area.

iii.

Where the baked goods that are sold are manufactured elsewhere the cumulative square footage of retail businesses or buildings on a site shall not exceed 60,000 sq. ft. gross floor area on a single lot or parcel or on adjacent lots or parcels in the MC zone. In the CR&D zone, cumulative retail uses shall not exceed 20,000 sq. ft. gross floor area or 20% of the total building floor area per lot, whichever is less. The maximum numerical limitation on cumulative retail uses shall not exceed the retail square footage amount approved for the site.

iv.

In the IP zone, retail and on-site consumption of bakery goods shall not exceed 2,000 sq. ft. of gross floor area and must either be co-located within a building with another permitted use or be accessory to a production bakery. The cumulative square footage of retail businesses or buildings on a site shall not exceed 60,000 sq. ft. gross floor area on a single lot or parcel or on adjacent lots or parcels. No drive-through service is allowed.

Bar.

In the MC zone, bars shall not exceed 20,000 sq. ft. in gross floor area and the cumulative square footage of retail businesses or buildings on a site shall not exceed 60,000 sq. ft. gross floor area on a single lot or parcel or on adjacent lots or parcels.

Car Wash.

Car washes in the GC zone in the Lake Grove Village Center Overlay District shall not exceed a total combined area of 4,200 sq. ft. in gross floor area and shall not be located in Village Transition Areas.

Community Garden.

Community gardens are allowed as a permitted or accessory use if the total planting area is less than 4,000 sq. ft. Community gardens with greater than 4,000 sq. ft. of planting area require a conditional use permit.

ii.

The accessory sales of crops by a public entity or nonprofit organization is allowed between the hours between 7:00 a.m. to 8:00 p.m.

iii.

Community gardens with a planting area less than 4,000 sq. ft. are exempt from parking requirements. Parking requirements for gardens larger than 4,000 sq. ft. shall be determined by the conditional use permit.

iv.

Fencing is required and shall be no greater than six feet in height and no more than 40% opacity.

Composting areas shall be actively managed to control odors, pests, and all other potential nuisances to neighbors. Use of best management practices (BMP), as established by the Parks and Recreation Department, is recommended.

vi.

Accessory community garden structures are permitted pursuant to the standards in this Code, but shall not exceed 500 sq. ft. cumulatively.

(Reserved)

Food Market.

In the CR&D zone, cumulative retail uses shall not exceed 20,000 sq. ft. or 20% of the total building floor area per lot, whichever is less. The maximum numerical limitation on cumulative retail uses shall not exceed the retail square footage amount approved for the site.

ii.

For food markets over 25,000 sq. ft. in gross floor area, the use may not exceed 35,000 sq. ft. of gross floor area per business, except that:

(1)

In the GC zone, uses over 35,000 sq. ft. and up to 45,000 sq. ft. of gross floor area require a conditional use permit.

(2)

In the MC zone, the cumulative square footage of retail businesses or buildings on a site shall not exceed 60,000 sq. ft. on a single lot or parcel or on adjacent lots or parcels.

(3)

In the FMU zone, a use larger than 35,000 sq. ft. of gross floor requires a conditional use permit.

Heavy Vehicle Repair.

This use is subject to the following conditions:

The use is limited to 18 or less service bays.

ii.

The use is located in an enclosed building.

iii.

No outdoor storage of parts, materials, or partially or totally dismantled vehicles is allowed.

iv.

The use shall not emit noise, smoke, glare, vibration, fumes or other environmental effects which adversely affect people, property or uses beyond the property lines of the IP site.

Medical Clinic.

In the area depicted on Figure 50.03.003-B, this use shall be limited to less than 20,000 sq. ft. in floor area.

Mortuary.

In the GC and EC zones, on-site cremation requires a conditional use permit.

Office.

In the R-15, R-10, R-7.5, R-6, R-5, R-DD, R-3, R-2, and R-0 zones, the following standards apply.

(1)

Office use is only permitted in structures that are on the City’s Historic Landmark List and are located on an arterial street.

(2)

Public services are adequate to serve the facility.

(3)

Notwithstanding LOC § 50.06.002.2, the required parking for office uses in historic landmarks shall be determined in the conditional use approval. In applying the general conditional use criteria under LOC § 50.07.005.3.a.iii and iv, the on-site parking may be reduced to protect the historic character of the landmark.

(4)

Access should be located on an arterial street, if practicable. If access is to a local residential street, the applicant shall include an analysis of the projected average daily trips to be generated by the proposed use and their distribution pattern, and the impact of the traffic on the capacity of the street system that would serve the use. A traffic study will be required to identify the projected average daily trips to be generated and their distribution pattern. Uses that are estimated to generate fewer than 20 trips per week shall be exempted from the requirements of this subsection.

(5)

Noise generating equipment shall be sound buffered when abutting a residential use.

(6)

Exterior lighting and lighted signage shall be designated to avoid glare onto adjacent residential uses.

(7)

Levels of operations shall avoid conflict with adjacent uses, where practicable.

(8)

The historical designation of the property shall be maintained throughout the period of the conditional use. The property owner shall record a deed restriction that ensures that the property shall not be removed from the Historic Landmark List for the duration of the conditional use permit. Request for removal from the list shall void the conditional use permit.

ii.

In the WLG OC and WLG RMU zones, the following standards apply:

(1)

Office uses shall be limited to those with limited customer or client traffic intended to attract and serve customers or clients on premises, such as: attorneys, physicians, dentists, counselors, insurance, travel agents, investment and financial services, real estate, studios (photography, commercial art, advertising), architects, landscape architects, engineers or other design businesses, research, software development, corporate offices, medical testing laboratories, and specialty medical services.

(2)

A single building with office use shall be limited to a maximum 5,000 sq. ft. footprint and in the WLG RMU zone, the total floor area shall be limited to 8,000 sq. ft.

iii.

In the GC and OC zones in the Lake Grove Village Center Overlay district, the following standards apply:

(1)

Financial and banking institutions with drive-through facilities are allowed only when no more than one access to the site from a public street is provided on the parcel. Additional access through abutting parcels is permitted.

(2)

Financial and banking institutions with drive-through facilities are prohibited in Village Transition Areas.

iv.

In the CI zone, this use is limited to commercial office space in buildings existing on December 16, 1982.

In the PF zone, this use is limited to uses related to public or quasi-public facilities.

Public Parking Facilities in the NC Zone – Conditional Use.

A publicly owned (City or LORA) surface parking facility is conditionally allowed as the sole use on a lot in the NC zone, only within the Lake Grove Village Center Overlay (LGVCO) District and only as specifically identified in Figure 50.05.007-U: Parking Facilities and Access Coordination Map. Public garages are not a similarly allowed use to a public surface parking facility.

Personal Services.

In the WLG OC zone, this use is limited to 1,000 sq. ft. or less in gross floor area.

ii.

In the CI zone, this use shall directly and primarily provide goods and services to persons employed in the CI zone.

Pet Day Care.

This use must be conducted in a fully enclosed building, except that in the NC, GC, and MC zones, and the portion of IP zone depicted on Figure 50.03.003-B, pets may be kept outside during daytime hours with a conditional use permit.

Psilocybin Service Center.

Compliance with Oregon Health Authority (OHA) Rules. Service centers shall be licensed by the OHA and comply with all applicable regulations and requirements administered by OHA per OAR 333-333 and ORS 475A.310.

ii.

Restrictions on location. A psilocybin service center shall not locate:

(1)

Within 1,000 ft., as measured by a straight-line measurement in a radius extending in any direction from the closest point anywhere on the boundary line of the real property comprising a school or registered childcare facility to the closest point of the licensed premises of a service center, of:

(a)

A public elementary or secondary school for which attendance is compulsory under ORS 339.020;

(b)

A private or parochial elementary or secondary school teaching children as described in ORS 339.030; and

(c)

A childcare facility registered with the Oregon Department of Education.

(d)

EXCEPTION: The 1,000-foot buffer required by Subsection (1)(a)-(c), above, may be reduced to 500 feet if there is a physical or geographic barrier capable of preventing children from traversing to the premises of the psilocybin service center, such as a body of water, an interstate freeway, or similar barrier that people cannot walk across. A door, fence, wall, or gate is not a physical or geographic barrier for the purpose of this standard.

(2)

Within the same building that contains any of the following uses: marijuana production, processing, wholesale, laboratory/testing, or retail; or a residential unit.

(a)

EXCEPTION: A psilocybin facility that met the location requirements, above, at the time of the issuance to the Oregon Health Authority of a land use compatibility statement may legally remain at that location if it existed before any of the uses listed in Subsections (1) and (2), above, later located within a required buffer from the facility or within the same building.

iii.

In the HC, MC, CR&D, CI and IP zones, the cumulative square footage of commercial retail businesses, including psilocybin service centers, or buildings on a site shall not exceed 60,000 square feet gross floor area on a single lot or parcel or on adjacent lots or parcels.

Repair, Rental, Service.

In the NC zone, this use is limited to 5,000 sq. ft. of gross floor area.

Restaurant.

Drive-through service is only allowed in the following:

(1)

In the HC and FMU zones.

(2)

In the GC zone, outside of the Lake Grove Village Center, after approval of a conditional use permit.

(3)

In the Lake Grove Village Center Overlay district, a maximum of two restaurants with drive-through service windows are permitted with a conditional use permit, but no restaurant with drive-through service may be located in a Village Transition Area.

ii.

In the WLG OC zone, service of food and beverages shall be primarily for consumption on the premises. The total size of indoor and outdoor seating areas of any restaurant shall be limited to 1,500 sq. ft. of gross floor area.

iii.

In the CR&D and MC zones, this use shall not exceed 20,000 sq. ft. gross floor area. In the MC zone, the cumulative square footage of retail businesses or buildings on a site shall not exceed 60,000 sq. ft. on a single lot or parcel or on adjacent lots or parcels. In the CR&D zone, cumulative retail uses shall not exceed 20,000 sq. ft. or 20% of the total building floor area per lot, whichever is less. The maximum numerical limitation on cumulative retail uses shall not exceed the retail square footage amount approved for the site.

iv.

In the OC and CR&D zones, specialty food stores, e.g., coffee shops and juice bars, shall not exceed 5,000 sq. ft. of gross floor area.

One seasonal dining restaurant enclosure and one entrance vestibule per restaurant business are allowed from November 1 to April 30. The enclosures must be removed by May 1. The seasonal restaurant enclosures shall meet the required dimensional standards (e.g., building setbacks, maximum lot coverage, etc.) of the zone.

Retail, Under 10,000 Sq. Ft. Gross Floor Area.

In the WLG OC zone, this use is limited to 5,000 sq. ft. or less in gross floor area.

ii.

For conditional uses in the IP zone, this use is limited to those that directly and primarily provide goods and services to persons employed in the IP zone.

Retail, 10,000 – 20,000 Sq. Ft. Gross Floor Area.

For conditional uses in the IP zone, this use is limited to those that directly and primarily provide goods and services to persons employed in the zone.

Retail, Over 20,000 Sq. Ft. Gross Floor Area.

This use may not exceed 35,000 sq. ft. of gross floor area per business, except that:

In the GC-zoned area in the vicinity of Jean Way and Boones Ferry Road, as depicted on Figure 50.03.003-C, retail use up to 45,000 sq. ft. is permitted, except as limited by subsection 50.03.003.6.x.iv of this section.

ii.

In the GC zone, except as provided in subsection 6.x.i of this section, a business over 35,000 sq. ft. and up to 45,000 sq. ft. of gross floor area requires a conditional use permit.

iii.

In the EC zone, the cumulative square footage of a single commercial business on a site shall not exceed 35,000 sq. ft.

iv.

In the MC zone, the portion of IP zone depicted on Figure 50.03.003-B, and the GC-zoned area in the vicinity of Jean Way and Boones Ferry Road, as depicted on Figure 50.03.003-C, the cumulative square footage of retail businesses or buildings shall not exceed 60,000 sq. ft. on a single lot or parcel or on adjacent lots or parcels.

Social, Recreational, or Cultural Facilities, Non-profit.

This use is permitted if associated with a planned development and designed for use by residents of that development. If not associated with a planned development, this use requires a conditional use permit.

aa.

Veterinary Clinic.

This use must be conducted within a fully enclosed building, except that an outdoor run is permitted outright if the standards below are met. A larger outdoor run or other outdoor facilities may be approved with a conditional use permit. This does not preclude incidental activities such as dog walking.

An outdoor run shall be limited to 200 sq. ft. in area or five percent of lot area, whichever is greater;

ii.

An outdoor run shall be enclosed by a six-foot-tall sight-obscuring fence for the portions facing the exterior site boundaries. A see-through fence may be permitted facing the building(s) on the site;

iii.

Active use of the outdoor run (training, play, etc.) shall be limited to the hours between 8:00 a.m. and 6:00 p.m. Use of the run to allow a dog to relieve itself outside of these hours is permitted;

iv.

Animals in the outdoor run shall be supervised by staff of the facility at all times;

The outdoor run shall be cleared of waste daily; and

vi.

It shall be a violation to permit unreasonable annoyance, alarm or noise disturbance at any time of the day or night by repeated barking, whining, screeching, howling, braying or other like sounds which may be heard beyond the boundary of the veterinary clinic property.

ab.

Repair, Rental, Service.

In the NC zone, this use is limited to 5,000 sq. ft. of gross floor area.

ac.

Restaurant.

Drive-through service is only allowed in the following:

(1)

In the HC and FMU zones.

(2)

In the GC zone, outside of the Lake Grove Village Center, after approval of a conditional use permit.

In the OC and CR&D zones, specialty food stores, e.g., coffee shops and juice bars, shall not exceed 5,000 sq. ft. of gross floor area.

ad.

Retail, Under 10,000 Sq. Ft. Gross Floor Area.

In the WLG OC zone, this use is limited to 5,000 sq. ft. or less in gross floor area.

ii.

For conditional uses in the IP zone, this use is limited to those that directly and primarily provide goods and services to persons employed in the IP zone.

ae.

Retail, 10,000 – 20,000 Sq. Ft. Gross Floor Area.

For conditional uses in the IP zone, this use is limited to those that directly and primarily provide goods and services to persons employed in the zone.

af.

Retail, Over 20,000 Sq. Ft. Gross Floor Area.

This use may not exceed 35,000 sq. ft. of gross floor area per business, except that:

ii.

In the GC zone, except as provided in subsection 6.x.i of this section, a business over 35,000 sq. ft. and up to 45,000 sq. ft. of gross floor area requires a conditional use permit.

iii.

In the EC zone, the cumulative square footage of a single commercial business on a site shall not exceed 35,000 sq. ft.

iv.

ag.

Social, Recreational, or Cultural Facilities, Non-profit.

ah.

Veterinary Clinic.

An outdoor run shall be limited to 200 sq. ft. in area or five percent of lot area, whichever is greater;

ii.

iii.

Active use of the outdoor run (training, play, etc.) shall be limited to the hours between 8:00 a.m. and 6:00 p.m. Use of the run to allow a dog to relieve itself outside of these hours is permitted;

iv.

Animals in the outdoor run shall be supervised by staff of the facility at all times;

The outdoor run shall be cleared of waste daily; and

vi.

Industrial Uses.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2723, Amended, 10-18-2016; amended 12-5-2023 by Ord. No. 2928]

Prohibited Uses in Any Industrial Zone.

Uses where the primary function is the storing or manufacturing of explosive materials are prohibited in the I and IP zones.

Dry Cleaning or Laundry Plant.

In the I zone, this use shall be a minimum of 3,000 sq. ft. of gross floor area.

ii.

In the IP zone, this use shall contain less than 5,000 sq. ft. in gross floor area.

Psilocybin Production.

Compliance with Oregon Health Authority (OHA) Rules. Psilocybin production facilities shall be licensed by the OHA and comply with all applicable regulations and requirements administered by OHA per OAR 333-333 and ORS 475A.310.

ii.

Restrictions on location. A psilocybin production facility shall not locate:

(1)

Within 1,000 feet, as measured by a straight-line measurement in a radius extending in any direction from the closest point anywhere on the boundary line of the real property comprising a school or registered childcare facility to the closest point of the licensed premises of a service center, of:

(a)

A public elementary or secondary school for which attendance is compulsory under ORS 339.020;

(b)

A private or parochial elementary or secondary school teaching children as described in ORS 339.030;

(c)

A childcare facility registered with the Oregon Department of Education; and

(d)

EXCEPTION: The 1,000-foot buffer required by Subsection (1)(a)-(c), above, may be reduced to 500 feet if there is a physical or geographic barrier capable of preventing children from traversing to the premises of the psilocybin production facility, such as a body of water, an interstate freeway, or similar barrier that people cannot walk across. A door, fence, wall, or gate is not a physical or geographic barrier for the purpose of this standard.

(2)

Within the same building that contains any of the following uses: marijuana production, processing, wholesale, laboratory/testing, or retail; or a residential unit.

(a)

EXCEPTION: A psilocybin production facility that met the location requirements, above, at the time of the issuance to the Oregon Health Authority of a land use compatibility statement may legally remain at that location if it existed before any of the uses listed in Subsections (1) and (2), above, later located within a required buffer or within the same building.

iii.

All manufacturing, growing and testing shall be conducted within a fully enclosed building.