City of Lake Oswego, OR Overlay and Design Districts

Remodeling that increases the footprint of an existing structure by more than 400 sq. ft. and is not the creation of new middle housing through conversion or addition to an existing single-family dwelling; or

Construction of a retaining wall four ft. tall or higher.

Plantings and Buffering Plan.

At the time of submission of the building permit application, the applicant shall file a Plantings and Buffering Plan.

The Plantings and Buffering Plan shall meet the following requirements:

Plant units, as described in Table 50.06.001-2: Standard Plant Units, Standard Units A through D, plus Alternative Glenmorrie Standard Unit E consisting of 25 three-ft. high shrubs, shall be provided parallel and adjacent to the side yard and rear yard planes of the proposed structure or retaining wall as follows:

If a structure exists on an abutting lot: one plant unit for every 50 linear ft. of the side yard and rear yard planes of the proposed retaining wall or structure plus the abutting plane of the structure on the abutting lot;

If no structure exists on an abutting lot: one plant unit for every 50 linear ft. of the side yard and rear yard planes of the proposed retaining wall or structure extended ten ft. beyond the structure or retaining wall. See Figure 50.05.001-C: Plant Unit Placement.

Figure 50.05.001-C: Plant Unit Placement

Where the linear measurement of the side or rear yard plane (plus the ten-ft. extension, if required) is less than 50 ft., or where dividing the linear measurement into 50-ft. segments results in a remainder segment of less than 50 ft., the planting density for that plane or remainder segment shall consist of a corresponding percentage of a planting unit. If the percentage results in a fraction of a plant, the fraction shall be rounded up to the next whole number.

Where required plant unit areas overlap, the plants in the overlapped area may satisfy both plant unit requirements.

Existing plants may be used to fulfill plant unit requirements.

Native plants are encouraged (consult Lake Oswego’s Master Plant List).

Installation and Maintenance of Plantings.

Plantings consistent with the Plantings and Buffering Plan shall be installed prior to the earlier of:

A request for final inspection;

Occupancy of the dwelling or substantial use of the structure; or

Completion of the retaining wall.

The required plantings shall be successfully maintained for a period of not less than three years.

§ 50.05.002 Evergreen R-7.5 Overlay District.

Purpose.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2726, Amended, 1-3-2017]

The purpose of the overlay is to ensure that residential development occurs in a way that is compatible with the unique character of the Evergreen Neighborhood by assuring greater consistency in style and scale between buildings.

Applicability.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2726, Amended, 1-3-2017]

This section applies to all land within the Evergreen Overlay District, as shown on Figure 50.05.002-A: Evergreen R-7.5 Overlay Boundaries.

Figure 50.05.002-A: Evergreen R-7.5 Overlay Boundaries

Relationship to Other Development Standards.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2726, Amended, 1-3-2017]

To the extent that any requirement of this section imposes a regulation relating to the same matter as the use, dimensional, or development regulations in the LOC, this section shall prevail.

Dimensions and Development Standards.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2726, Amended, 1-3-2017]

Accessory Structure Roof Pitch.

Roof pitch on new accessory structures exceeding 100 sq. ft. in size shall match the roof pitch of the primary structure. Boathouses are exempt from this requirement.

Yard Setbacks.

The side yard setback adjacent to a street for portions of any structure that exceed 16 ft. in height shall be 25 ft. on arterial and collectors.

Front Setback Plane.

Application.

The front profile of a structure shall fit behind a plane that starts at the front yard setback line and extends upward to 16 ft. in height, then slopes toward the rear of the lot at a slope of 6:12, up to the maximum allowed height at the peak, as illustrated in Figure 50.05.002-B: Front Setback Plane.

Figure 50.05.002-B: Front Setback Plane

Exceptions.

Any individual roof form may penetrate the front setback plane if it is less than one-third of the total structure width at 16 ft. in height.

Two or more separate and distinct roof forms, such as dormers, may project into the front setback plane if they are less than one-half of the total structure width at 16 ft. in height.

Height – Additional Standards.

The additional height allowed in the R-7.5 zone pursuant to LOC § 50.04.001.1.g.ii is not permitted in the Evergreen R-7.5 Overlay District.

§ 50.05.003 Lake Grove R-7.5/R-10 Overlay District.

Purpose.

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

The purpose of the overlay is to ensure that development in the overlay district promotes the unique character of the Lake Grove Neighborhood.

Applicability.

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

This article applies to lands zoned R-7.5 or R-10 within the Lake Grove Overlay District, as shown on Figure 50.05.003-A: Lake Grove R-7.5/R-10 Overlay District.

Figure 50.05.003-A: Lake Grove R-7.5/R-10 Overlay District

Relationship to Other Standards.

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

To the extent that any requirement of this overlay imposes a regulation relating to the same matter as a regulation applicable to the residential low density zones, this section shall prevail.

Yard Setbacks.

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

The yard setbacks within the Lake Grove Overlay District shall be as follows:

TABLE 50.05.003-1: LAKE GROVE OVERLAY DISTRICT YARD SETBACKS
Zone	Primary and Accessory Structures		Primary Structures			Accessory Structures
	Front Yard	Side Yard Adjacent to a Street	Other Side Yards		Rear Yard	Side and Rear Yards
	Front Yard	Side Yard Adjacent to a Street	Portions of Structures ≤ 18 ft. in height	Portions of Structures > 18 ft. in height	Rear Yard	Structures ≤ 18 ft. in height	Structures > 18 ft. in height
R-7.5	25 ft.	20 ft. on arterial and collector, 15 ft. on local	10 ft. [1]	10 ft.	30 ft.	5 ft., side 10 ft., rear	10 ft., side 15 ft., rear
R-10	25 ft.	20 ft. on arterial and collector, 15 ft. on local	10 ft.	15 ft.	30 ft.	10 ft., side 15 ft., rear	15 ft.

Notes:
[1]	Different than LOC § 50.04.001.1.

All other provisions of LOC § 50.04.001.1, Residential Low Density Zones, are applicable.

Limitation on Certain Elements.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2938, Amended, 4-2-2024]

No more than 50% of a lot shall be covered with any of the following elements: structures, patios, paving or impervious walks. However, pervious decks and natural-appearing constructed ponds shall not be included within this limitation. Where a paved area contains mixed nonplant and plant elements, only the nonplant portions of the area shall be included within this limitation. See Figure 50.05.001-B: Illustrative Mixed Paved Areas and Natural-Appearing Ponds for examples.

§ 50.05.004 Downtown Redevelopment Design District.

Purpose.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2668, Amended, 12-1-2015]

The purpose of this section, the Downtown Redevelopment Design District, is to guide the redevelopment of downtown Lake Oswego in a manner that creates a feeling of vitality and sense of place in order to attract private investment and redevelopment of the area and create a community center that reflects and enhances the character of the City of Lake Oswego.

Applicability.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2612-A, Amended, 5-21-2013; Ord. No. 2668, Amended, 12-1-2015; Ord. No. 2732, Amended, 2-21-2017; Ord. No. 2851, Amended, 9-15-2020]

Except as otherwise expressly provided below, the following developments within the Downtown Redevelopment Design District (shown in Figure 50.05.004-A) are subject to the requirements of this section:

Figure 50.05.004-A: Downtown Redevelopment Design District

Construction of a new building;

Substantial remodeling of an existing building. For the purposes of this section, "substantial remodeling" means:

Exterior remodeling that changes the appearance of more than 50% of any building elevation; or

A restaurant building expansion of more than 100 sq. ft. or any other expansion of a building of more than 300 ft.

Exceptions:

Expansion is solely designed and constructed:

To provide for accessibility to the disabled;

To provide for energy conservation (e.g., addition of an entry vestibule);

To provide for screened recycling or trash storage; or

To relocate or screen visible exterior mechanical equipment so that such equipment is no longer visible;

Seasonal restaurant enclosures.

In the R-2 zone, household living residential development and group care homes shall comply with the following DRDD standards in addition to the structure design standards of LOC §§ 50.06.001.2 and 50.06.001.4:

Building Siting and Massing, LOC § 50.05.004.5: Complex Massing and Roof Forms.

Building Design, LOC § 50.05.004.6: Lake Oswego Style; Materials; and Molding Design.

Landscaping and Site Design Requirements, LOC § 50.05.004.8: Street Trees; Brick Paving; and Walls.

Relationship to Other Development Standards.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2643, Amended, 11-4-2014; Ord. No. 2644, Amended, 4-7-2015]

LOC §§ 50.05.004.5 to 50.05.004.7 supersede LOC § 50.06.001.5, Commercial, Industrial, and Multi-Family Development Standards for Approval, in its entirety for developments subject to this overlay district.

LOC § 50.05.004.8 supersedes LOC § 50.06.004.1, Landscaping, Screening and Buffering, in its entirety for developments subject to this overlay district.

[Cross-Reference: The Open Space Development Standard is not applicable to downtown development. LOC § 50.06.005.1.b.i.]

The parking standards (LOC § 50.06.002) apply in full, but the requirements may be modified as provided in LOC § 50.05.004.9, and exceptions may be granted as provided in LOC § 50.08.003.2.b, Downtown Redevelopment Design District Variance.

LOC § 50.05.004.12 shall apply in addition to street standards contained in the remainder of this Code.

In the event of conflict between this overlay section and any other provision of this Code, the provisions in this section shall apply.

Definition of Village Character.

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

As used in this section, "village character" means a community of small-scale structures that appears and operates like a traditional small town. A village is typically composed of an assembly of smaller mixed used structures often centered on a square or other public space or gathering area, such as a body of water, a transportation route or a landmark building. Adherence to village character is not intended to require an historical reproduction of a turn of the century small town, but rather to encourage the development of a sophisticated small city that is pedestrian friendly, creates a sense of community and attracts people to the downtown in the same manner and using similar design concepts as historic small towns and neighborhood centers.

Building Siting and Massing.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2783, Amended, 6-19-2018]

Building siting and massing shall create a village character by compliance with the following requirements:

Complex Massing Required.

New buildings shall use the siting and massing characteristics of the Lake Oswego Style such as complex massing and asymmetrical composition. See 50.11.001, Appendix A – Lake Oswego Style.

Pedestrian-Oriented Siting.

New commercial buildings shall be sited in order to maximize the amount of building frontage abutting pedestrian ways.

Roof Forms.

New buildings shall use gable or hipped roof forms. Flat-roofed building shall only be allowed pursuant to LOC § 50.08.003.

Number of Stories.

New buildings shall be at least two stories tall, and new and remodeled building shall be no greater than three stories tall, except:

Fourth Story.

A fourth story may be permitted subject the following:

The fourth story is residential and is contained within a gabled or hipped roof;

The site is sloping and the structure has three or fewer stories on the uphill side;

The fourth story is significantly stepped back from the building plane created by the lower stories; or

Fourth story design elements are used to break up the mass of a building, create visual interest and variety, hide mechanical equipment, define an entry or define a particular building’s function. Examples of such design elements include dormers, towers, turrets, clerestories, and similar features.

Single Story.

Single story construction may be permitted subject to the following:

It is limited to a small portion of a taller structure, such as an entry area, canopy over an outdoor restaurant, building ends or wings which relate to open space or as a step down to an adjacent one story viable existing structure; or

When a minimum height of 20 ft. is maintained at the right-of-way or street side building edge.

Height Limit.

No building shall be taller than 60 ft. in height. No flat roofed building shall be taller than 41 ft. in height. Height shall be measured pursuant to this Code.

Entrances.

When a new building is constructed or an existing building is substantially remodeled, the primary building entrances shall be oriented to pedestrian ways along streets to encourage increased pedestrian density on existing streets, sidewalks and other public ways. Secondary building entrances or tenant space shall be required along alleys to take advantage of and enhance the intimate scale of the alley space, as illustrated in Figure 50.05.004-B: Alley with Entrances and Figure 50.05.004-C: Alley without Entrances, below.

Figure 50.05.004-B: Alley with Entrances

Figure 50.05.004-C: Alley without Entrances

Street Corners.

New structures shall be located to preserve or create strong building edges at street corners. Structures may "cut the corner" to create a building entry or to provide pedestrian space but shall use building design elements to create a structured corner as illustrated in Figure 50.05.004-D: Building Design at Street Corners, below.

Figure 50.05.004-D: Building Design at Street Corners

Building Design.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2612-A, Amended, 5-21-2013; Ord. No. 2732, Amended, 2-21-2017; Ord. No. 2832, Amended, 1-7-2020; Ord. No. 2909, Amended, 2-7-2023]

Building elements shall be designed to create a village character through compliance with the following requirements:

Lake Oswego Style Required.

Buildings shall be designed using building design elements of the Lake Oswego Style to create distinctive buildings which have richly textured, visually engaging facades. See LOC § 50.11.001, Appendix A – Lake Oswego Style.

Storefront Appearance Required.

Buildings fronting on streets, and alleys designed for pedestrian use shown in Figure 50.05.004-EE: Compact Shopping District, below, shall create a storefront appearance for commercial uses on the ground floor. This may be accomplished by changing building planes, materials or window patterns, or by creating a break in awning or canopy construction at intervals of about 25 ft. as illustrated in Figure 50.05.004-E: Break in Awning or Canopy Construction.

Figure 50.05.004-E: Break in Awning or Canopy Construction

Figure 50.05.004-EE: Compact Shopping District

In addition, such design shall maximize the opportunity for window shopping through compliance with the following requirements:

A minimum of 80% of the exterior ground floor facade abutting pedestrian ways shall be designed as storefront with display windows and entry features.

The bottom edge of windows along pedestrian ways shall be constructed no more than 30 in. above the abutting walkway surface and shall be no closer than 12 in. above the walkway surface.

Sufficient interior or soffit lighting to allow night-time window shopping shall be provided.

Materials.

Ground Floor.

Buildings shall use masonry as the predominant building material for walls on the ground floor. "Masonry" includes fabricated bricks, blocks, stucco and glass. The design of these materials shall create an historic or vernacular Lake Oswego Style appearance as shown in LOC § 50.11.001, Appendix A – Lake Oswego Style.

Upper Stories.

Buildings shall use wood (including engineered/composite wood) and glass as the predominant building materials for upper stories. These materials are intended to soften the appearance of a building that sits on a heavier-appearing masonry/glass base and thereby effectively creating a mixed use village appearance.

Roof.

Roofs shall use the following roofing materials:

Slate, tile, shakes or wood shingles, or synthetic materials (e.g., concrete, pressed wood products, metal or other materials) that are designed to and do appear to be slate, tile, shake, or wood shingles.

Copper or zinc roofing materials in styles representative of period architecture in the Lake Oswego Style. Metal roofs other than copper and zinc shall only be allowed in subdued colors and on small roof sections, not as a whole roof application.

If new or substantially remodeled building utilizes a flat roof, materials that will not cause roof repairs (patching) to be readily visible.

Prohibited Materials.

The following exterior building materials or finishes are prohibited:

Plastic, except when used to replicate old styles (e.g., vinyl clad windows, polyurethane moldings, plastic columns, etc.);

Metal or vinyl siding;

Mirrored glass;

T-111 Type plywood;

Corrugated metal or fiberglass;

Standard form concrete block (not including split faced, colored or other block designs that mimic stone, brick or other similar masonry); and

Backlit fabrics, except that awning signs may be backlit fabrics for individual letters or logos.

Ground Floor Design.

Buildings shall have a strong ground floor cornice designed to separate the ground floor functions and materials from the upper story or stories and to provide continuity with cornice placement on abutting buildings as shown in Figure 50.05.004-F: Ground Floor Design.

Figure 50.05.004-F: Ground Floor Design

Methods for compliance with this requirement include but are not limited to:

Use of the same or similar building materials and/or colors from storefront to storefront or building to building; or

Painting the wood elements in the first floor storefront areas white, black, dark brown, dark green or gray-blue. This color range is not intended to be an exclusive list, but is recommended to create compatibility and design strength at the ground floor storefront level while encouraging diversity with multi-tenant buildings and in large lot (whole block) developments.

Molding Design.

Moldings, window casings and other trim elements shall be designed in a dimension and character reflecting the Lake Oswego Style. Larger dimensions may be used to exaggerate or illustrate a creative design concept or to match the scale of the new building. Moldings shall match or complement the detailing of adjacent buildings that comply with this section.

Enclosure or Screening of Mechanical Equipment.

Mechanical equipment shall be mounted within gable or hip roof attics where possible. Roof mounted mechanical equipment on flat roofed structures shall be screened by parapet walls to the maximum degree possible. Site located mechanical equipment shall be installed in below grade vaults where possible. Other building mounted mechanical equipment shall be screened from view to the maximum degree possible.

Awnings and Canopies for Weather Protection.

Buildings with more than one story shall provide awnings or canopies extending six ft. horizontally over windows and doors that face a public street, as shown in Figure 50.05.004-G: Awning Design and Brick Pavement Panel, except when a window abuts landscaping or where ground floor residential units face a public street, no awning or canopy is required. Bullnose, dome, circular, quarter-round and waterfall awnings shall not be allowed.

Figure 50.05.004-G: Awning Design and Brick Pavement Panel

Outdoor Relationships.

Buildings shall be designed to open up to outdoor seating and display areas that are intended to be accessory to an indoor use, such as a restaurant or cafe.

Mixed Use Residential.

Mixed use buildings with a residential component shall define the residential portion of the structure through the use of design elements such as decks, balconies, landscaping, chimneys, dormers, gable or hipped roofs or step backs above the second story to provide upper story deck areas as shown in Figure 50.05.004-F: Ground Floor Design and Figure 50.05.004-H: Mixed Use Residential. Masonry should be used for chimney construction.

Figure 50.05.004-H: Mixed Use Residential

Corner Buildings.

Buildings located on street corners shall:

Be designed to complement and be compatible with other corner buildings at the same intersection by repeating or echoing the same pattern of corner treatment by creating similar focal points such as entries, towers, material or window elements, signage, etc.

Reinforce building corners by repeating facade elements such as signs, awnings and window and wall treatments on both "Avenue" and "Street" sides.

If the building "cuts" the corner at ground level, anchor the corner with a column supporting the upper levels or roof or with a free-standing column or obelisk. The area of the "cut" corner shall be equal to or greater than the public area in the abutting sidewalk as shown in LOC § 50.11.001, Appendix A – Lake Oswego Style, Figure 2.

Alley Space.

Alley space shall be designed to minimize service functions, to screen trash/storage areas and to enhance pedestrian/patron use. Outdoor cafe seating, landscaping, signage, lighting and display features shall be included in alley design where feasible.

View Protection.

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

New development shall preserve and enhance any available views of Mount Hood and Lakewood Bay by compliance with the following requirements. These regulations are not intended as a guarantee that a view will be preserved or created, only to require special and significant efforts to maintain and provide views.

Street trees on "A" Avenue shall be selected and located to preserve views of Mt. Hood.

New structures shall be designed and located to preserve and enhance views of Lakewood Bay from the south end of Block 138 and from the Lakewood Bay bluff.

Restaurants, outdoor cafes, housing and hotels shall be oriented to available views, especially views of Lakewood Bay, where feasible. Public gathering places shall be designed to maximize any available toward Lakewood Bay.

Staff may require site sections, photographs, view diagrams, survey spot elevations, view easements and other similar tools in order to ensure compliance with the requirements of this section.

Landscaping and Site Design Requirements.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2526, Amended, 12-18-2012; Ord. No. 2648, Amended, 2-17-2015; Ord. No. 2732, Amended, 2-21-2017; Ord. No. 2783, Amended, 6-19-2018]

Purpose.

Landscaping shall be designed to enhance building design, enhance public views and spaces, define the street, provide buffers (screening) and transitions, and provide for a balance between shade and solar access.

Amount of Landscaping Required.

Landscaping on the site, visible from the ground, shall comply with the following amounts:

Residential and live/work: 15% of the lot.

Nonresidential development: 10% of the lot.

Vines on espaliers shall be placed along at least one building wall.

In addition to the landscaping required in subsection 8.b.i of this section, landscaping for screening and buffering shall be required:

To screen public or private utility and storage areas and parking lots.

As a separation between dissimilar uses.

Style and Design.

Landscaping shall be coordinated with the building design so that landscaping complements the building design. Landscape design shall incorporate elements such as iron/steel plant balconies, metal fences, railing and gates, masonry walls, window boxes, hanging plant brackets and other similar features that complement the character of the building design.

Landscaping may be placed in pots, raised planters, or flower boxes.

Courtyards visible from the public street shall be provided on new commercial, multi-family and residential mixed use structures along any facade greater than 200 ft. Required courtyards shall be at least 225 sq. ft. in area with no single dimension less than 15 ft. and shall contain landscaping or features that complement the design of the building and the surrounding structures and landscaping. Courtyard amenities, including art or fountains, may be required as part of the design by the reviewing authority.

Landscaping design shall be compatible with abutting or adjacent properties and shall consider the relationship of plantings, site furnishings and materials on those properties and the proposed site.

Street Trees.

Street trees shall be planted in conformance with the Street Tree List in the Lake Oswego Plant List, and City/LORA specifications for spacing, planting, root barriers, irrigation, lighting (uplighting and holiday lighting), etc.

Ground Floor Residential Use.

Residential uses at the ground floor shall be separated from sidewalks by a landscaped buffer (see LOC § 50.05.004.6.d). The landscape buffer may include stairs, railings, walls, pilaster columns or other similar features.

Green Landscaping.

Landscape design shall incorporate the following environmentally friendly design and planting concepts to the maximum degree possible:

Use plant materials that are best suited for the areas of the site, e.g., water, soil, sun and shade.

Use plant materials, soils, and soil amendments which minimize the use of fertilizers, particularly ones containing phosphate.

Use drought-tolerant plants, when possible, to minimize water usage.

Incorporate native plantings and utilize plant materials which are grown in the Pacific Northwest; nuisance and invasive plants, as identified in the Lake Oswego Master Plant list in LOC § 50.11.004, Appendix D, and the Invasive Tree Species List on file at the Planning Department are prohibited.

Use plant materials that are pest and disease resistant to minimize or avoid the use of pesticides and fungicides.

Irrigation shall use methods and watering schedules which minimize water consumption. These may include drip, micro-spray or bubbler emitters for trees and shrub beds. Irrigation systems shall be designed with solar powered controllers when practicable.

Design tree and vine placement to provide shade on ground and wall surfaces during warm months.

The landscape plans shall include instructions for the continued maintenance of the landscaping, which shall include the following:

When necessary, utilize soil amendments and soil mulches to preserve moisture content.

Irrigation shall avoid systems which throw water into the air especially during high wind or high temperature periods. Watering should occur between 6:00 p.m. and 9:00 a.m.

Plant during seasons when plants will be less stressed and requires less initial watering.

Plant trees "bare root" when possible.

When possible, plant turf by seed (not sod), to promote deep root development which will make the turf more drought tolerant.

Street Furniture and Lighting.

Buildings shall incorporate street furniture and lighting within the public right-of-way and in private areas open to public pedestrian activity. Street furniture and lighting shall comply with designs approved by the City of Lake Oswego as shown in Figure 50.05.004-I: Street Furniture and Lighting.

Figure 50.05.004-I: Street Furniture and Lighting

Brick Paving.

Where a development is proposed abutting to a sidewalk or intersection, brick paving shall be required for sidewalk surface detail panels on numbered streets and at primary building entrances as shown in the paving detail diagrams. Brick pavers shall be used to provide color and texture on north-south streets. The use of brick, cobbles or flagstones as pavement for other pedestrian ways, courtyards or parking lots is encouraged, but is not required. See Figure 50.05.004-J: Paving Materials and Design, below.

Figure 50.05.004-J: Paving Materials and Design

Walls.

New and substantially remodeled buildings shall use natural stone (preferably Columbia River Basalt) for retaining walls, courtyard walls or similar landscape applications as illustrated in Figure 50.05.004-K: Wall Materials and Design.

Figure 50.05.004-K: Wall Materials and Design

Gates and Hangers.

Decorative iron gates and hangers for signs, flags and hanging baskets shall be required as part of the landscape plan and shall be designed in the Arts and Crafts style.

Hanging Baskets.

Any required landscaping shall include seasonal hanging flower baskets placed within parking lots and along streets and sidewalks.

Art.

The site design for a new or substantially remodeled existing building shall include locations for placing public or private art.

Protecting Pedestrians.

In areas of potential vehicle/pedestrian conflict, City approved street furniture or bollards (see Figure 50.05.004-I: Street Furniture and Lighting) shall be used to help create a "protected zone" for the pedestrian.

Undergrounding of Utilities.

Overhead utilities shall be placed underground, unless the City Engineer determines that undergrounding is not practical based upon site conditions.

Buffering Between EC and R-DD.

Any development in the EC zone that abuts a dissimilar use in the R-DD zone must provide a minimum of 15 ft. of landscaped area to separate, screen, and, as applicable, buffer noise, lighting or other impacts between the dissimilar uses.

Parking Requirements.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2643, Amended, 11-4-2014; Ord. No. 2668, Amended, 12-1-2015; Ord. No. 2783, Amended, 6-19-2018; Ord. No. 2909, Amended, 2-7-2023]

Parking shall be designed to provide adequate space while preserving and enhancing the village character of Lake Oswego, through compliance with the following criteria:

Number of Spaces.

New uses shall provide the number of parking spaces required under the City of Lake Oswego Parking Standards (LOC § 50.06.002), modified as follows:

New uses within existing buildings may demonstrate compliance with the parking requirement through the use of existing spaces on adjacent property if the applicant complies with all of the following criteria:

The applicant demonstrates that the proposed use has substantially different peak period parking needs than uses served by the parking spaces on the adjacent property. Evidence necessary to support such demonstration may include a by-the-hour parking study, patron use evidence from register tapes, or written employees’ transportation and parking policies.

The applicant demonstrates that they have the permission of the owner of the adjacent property to utilize their property for parking, either by an easement or a parking agreement or leases that will last for the life of the use.

The location of the adjacent property complies with LOC § 50.05.004.9.b.

High-turnover eating or drinking establishments such as coffee shops, ice cream parlors and "take-and-bake" food services may vary from the parking requirements for restaurants by providing evidence that demonstrates the short-term nature of their employee and patron parking needs. In no case, however, shall parking be reduced below the number of spaces that would be required for an equal size retail store.

Existing on-street parking along the property frontage shall be used to calculate parking requirements.

In the portion of the downtown shopping and business district shown on Figure 50.05.004-L: Downtown – No Additional Required Parking, below, no additional parking shall be required for existing or proposed uses when:

A retail use locates in an existing structure, or

An existing structure is expanded, the ground floor footprint does not increase in area, and no parking is removed.

Figure 50.05.004-L: Downtown – No Additional Required Parking

Employee and Patron Parking Restrictions.

Employee and patron parking shall be restricted to available parking within the commercial district as follows:

On-site parking,

Owner or easement parking for patrons within 500 ft. of the business site,

Owner or easement parking for employees within 1,000 ft. of the business site, or

On-street parking along the property frontage.

10.

Parking Lot Design.

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

Parking shall be designed in compliance with the following criteria:

Parking configuration and circulation shall be designed to provide access from streets within the district and direct traffic away from residential zones, particularly delivery vehicles. Off-site, signal or signage improvements may be required if needed to direct traffic away from residential zones.

Driveways to parking areas shall be located to avoid breaking the storefront pattern along primary pedestrian ways. First Street south of "B" Avenue shall be considered a primary pedestrian way.

Parking lots and structures shall be sited and designed to mitigate adverse lighting and noise impacts on residents. The reflection of sound by the lake surface shall be specifically considered.

11.

Parking Structures.

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

In addition to compliance with the requirements of LOC § 50.05.004.10, a proposed parking structure or garage shall comply with the following design standards:

Retail storefronts at the ground level of parking structures shall be located at the periphery of parking areas and structures. The street side of residential parking structures may contain facilities or services for residents, such as laundry rooms, lobbies, or exercise rooms.

Building materials shall complement abutting building materials as illustrated in Figure 50.05.004-M: Parking Structure Building Materials and Entries. In cases where a parking structure extends to the periphery of a site, the design of the structure shall reflect the massing, fenestration and detailing of adjacent and abutting buildings.

Figure 50.05.004-M: Parking Structure Building Materials and Entries

Architectural elements such as a frieze, cornice, trellis or other device shall be continued from a residential portion of the building onto a parking structure.

Entries shall be designed to be subordinate to the pedestrian entry in scale and detailing. If possible, parking structure entries shall be located away from the street, to the side or rear of the building.

If possible, parking structures should be designed so that portions of the parking structure decks are used for landscaping or entry courts to abutting buildings.

Parking structures shall be detailed at ground level in a manner similar to adjacent or abutting buildings in order to create a strong/emphasized base.

12.

Street, Alley and Sidewalk Design.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2797, Amended, 11-6-2018]

Street, sidewalk and alley design shall safely and efficiently provide for vehicular and pedestrian travel while enhancing village character through compliance with the following design standards. These standards shall apply in addition to any other City requirements for street, alley or sidewalk design. In the event of a conflict, the provisions of this section shall control.

"A" Avenue.

Any improvements to "A" Avenue shall be designed and constructed in conformance with the 1994 Concept Plan as it exists now or may in the future be amended by LORA. This plan identifies turn lane configuration, island location, signal location and general scope of the project. "A" Avenue shall be designed to blend with and continue the design themes of the Demonstration Street Project as shown in Figure 50.05.004-N: Demonstration Street Project, or in conformance with the completed construction plans for the next phase if such plans are available and have been approved by LORA.

Figure 50.05.004-N: Demonstration Street Project

Intersection Design.

Intersections on "A" and "B" Avenues shall create crosswalks in a different material and texture than the street paving (e.g., concrete, cobbles, or brick) to bridge the intervening streets.

Curb extensions shall be created at all intersections where feasible from a traffic management standpoint and unless such extensions would interfere with the turning and stopping requirements of emergency service vehicles (e.g., fire trucks, ambulances), buses or delivery vehicles. Such extensions will be designed to accommodate the turning and stopping requirements of such vehicles.

Sidewalks.

Sidewalk design shall consider and encourage opportunities for outdoor cafes, pushcart vendors, seasonal sidewalk sales, festivals and similar uses and activities which enliven pedestrian walkways.

Alleys.

Alleys shall be incorporated into design plans as pedestrian and vehicular accessways.

Angle Parking.

On numbered streets, angle parking shall be installed when it will maximize the number of spaces provided and still comply with the capacity, service level and safety requirements of the street system.

[Cross-Reference: LOC § 42.08.400 – Sidewalk Standards.]

13.

Clear and Objective Housing Standards for Approval.

[Ord. No. 2651, Added, 2-17-2015; Ord. No. 2644, Amended, 4-7-2015; Ord. No. 2732, Amended, 2-21-2017; Ord. No. 2783, Amended, 6-19-2018; Ord. No. 2797, Amended, 11-6-2018; Ord. No. 2892, Amended, 6-7-2022; Ord. No. 2909, Amended, 2-7-2023]

Purpose.

By compliance with the clear and objective standards of this article, the purpose of the Downtown Redevelopment District Design Standard, to guide the redevelopment of downtown Lake Oswego in a manner that creates a village character with a feeling of vitality and sense of place in order to attract private investment and redevelopment of the area and create a community center that reflects and enhances the village character of the City of Lake Oswego, will be met.

Clear and Objective Track 2 Alternative Applicability.

A development in the Downtown Redevelopment District (shown in Figure 50.05.004-O) that involves substantial remodeling of, as defined in LOC § 50.05.004.2.b, or construction of new dwellings or a structure for residential mixed use may comply with this section in lieu of compliance with LOC §§ 50.05.004.1 through 50.05.004.12.

Building Siting and Massing – subsection 13.e.ii of this section: Complex Massing Required; subsection 13.e.iv of this section: Roof Forms.

Building Design – subsection 13.f.i of this section: Lake Oswego Style Required; subsection 13.f.iii of this section: Materials; subsection 13.f.v of this section: Molding Design.

Landscaping and Site Design Requirements – subsection 13.g.iv of this section: Street Trees; subsection 13.g.viii of this section: Brick Paving; subsection 13.g.ix of this section: Walls.

Figure 50.05.004-O: Downtown Redevelopment District

Relationship to Other Development Standards.

LOC §§ 50.06.001.7.c.i and 50.06.001.7.c.ii, Standards for Multi-Family and Residential Mixed Use Structures, and Standards for Townhouse/Rowhouse Structures shall apply where required by this Code section. All other standards in LOC § 50.05.001.7 are superseded by the standards in this article of the overlay district.

LOC § 50.05.004.8 shall apply in addition to the requirements of LOC § 50.06.004.1, Landscaping, Screening and Buffering, but exceptions to the requirements of LOC § 50.06.004.1 may be granted as provided in LOC § 50.08.003.2.b, Downtown Redevelopment Design District Variance.

LOC § 50.05.004.12 shall apply in addition to street standards contained in the remainder of this Code.

In the event of conflict between this overlay section and any other provision of this Code, the provisions in this section shall apply.

Definition of Village Character.

As used in this section, "village character" means a community of small-scale structures that appears and operates like a traditional small town. A village is typically composed of an assembly of smaller mixed used structures often centered on a square or other public space or gathering area, such as a body of water, a transportation route or a landmark building. Adherence to village character is not intended to require an historical reproduction of a turn-of-the-century small town, but rather to encourage the development of a sophisticated small city that is pedestrian friendly, creates a sense of community and attracts people to the downtown in the same manner and using similar design concepts as historic small towns and neighborhood centers.

Building Siting and Massing.

Purpose.

The purpose of the following building siting and massing standards is to create a village character by ensuring that structures are sited and designed to achieve the following:

Reference a human scale that is appropriate to the size and scale of Downtown Lake Oswego.

Maximize pedestrian activity.

Preserve and/or create strong building edges at street corners.

Break up the building mass.

Create visual interest and variety.

Define entries and building functions.

Complex Massing Required.

New buildings shall comply with the Building Articulation requirements in LOC §§ 50.06.001.7.c.i and 50.06.001.7.c.ii.

Significant breaks shall be created along building facades at least once every 120 linear ft. by either setting back the facade at least 20 ft. or breaking the building into separate structures. Breaks shall be at least 15 ft. wide and shall be continuous along the full height of the building. For structures greater than two stories, the width and depth of the break shall increase by five additional ft. per story.

Pedestrian Oriented Siting.

New buildings with street-facing ground floor commercial uses shall be sited at the property line, with the exception of facade setbacks provided to comply with building articulation and landscaping requirements. Buildings with ground floor residential uses shall be set back to comply with the four-ft. minimum landscaped buffer required by the landscaping and site design requirements of this section.

Roof Forms.

New buildings shall comply with the roof style and roof pitch requirements associated with the chosen Lake Oswego architectural style in LOC § 50.05.004.13.f.i. Flat roofed buildings shall only be allowed pursuant to LOC § 50.08.005.

Number of Stories.

New buildings shall be at least two stories tall, and new and remodeled buildings shall be no greater than three stories tall, except:

Fourth Story.

A fourth story may be permitted subject to the following:

The fourth story is residential and is contained within a gabled or hipped roof;

The site is sloping and the structure has three or fewer stories on the uphill side;

The fourth story is stepped back at least eight ft. from the building plane created by the lower stories; or

Dormers, towers, clerestories are included in the fourth story.

Single-Story.

Single-story construction may be permitted subject to the following:

It is an area covered by a secondary roof form, including an entry area, canopy over an outdoor restaurant or drive-through, building ends or wings which relate to open space or as a step down to an adjacent one-story viable existing structure; or

When a minimum height of 20 ft. is maintained at the right-of-way or street side building edge.

Height Limit.

No building shall be taller than 60 ft. in height. No flat roofed building shall be taller than 41 ft. in height. Height shall be measured pursuant to this Code.

Entrances.

Purpose.

These standards are intended to encourage increased pedestrian density on existing streets, sidewalks and other public ways, and to take advantage of and enhance the intimate scale of the alley space.

When a new building is constructed or an existing building is substantially remodeled, the primary building entrances shall be oriented to pedestrian ways along streets and secondary building entrances or tenant space shall be required along alleys as generally illustrated in Figure 50.05.004-P: Alley with Entrances, and Figure 50.05.004-Q: Alley without Entrances, below.

Figure 50.05.004-P: Alley with Entrances

Figure 50.05.004-Q: Alley without Entrances

Street Corners.

New multi-family and mixed use residential structures located at the corner of two streets shall locate the primary building entry at or within 20 ft. of the corner of the building. In addition, these buildings shall address the corner through one or more of the following methods, as illustrated in Figure 50.05.004-R. Where other buildings at the same intersection have any of these treatments, repeat the existing treatment/s. Corner treatments shall be repeated no more than twice at any intersection.

Set back the corner of the building, such that it creates a plaza or forecourt space in front of the building entrance;

Provide a chamfered (or 45-degree “cut”) corner, or a rounded building corner;

Provide increased building height (and associated roof forms) at or within 20 ft. of the corner of the building;

In addition to the above methods, the corner may be emphasized by special paving materials within the sidewalk at the corner.

Repeat at least three of the following design elements from other buildings at the same intersection:

Location and orientation of main entrance.

Window size and orientation.

Upper story facade treatments.

Primary and secondary roof forms.

Ground floor wall heights.

Where buildings front both a “Street” and A or B Avenue, reinforce building corners by repeating at least two of the following building facade elements on the street and avenue sides: signs, ground floor awnings, ground floor window patterns, and/or ground and upper floor material treatments.

If the building "cuts" the corner at ground level, anchor the corner with a column supporting the upper levels or roof or with a freestanding column or obelisk. The area of the "cut" corner shall be equal to or greater than the public area in the abutting sidewalk as shown in LOC § 50.11.001, Appendix A – Lake Oswego Style, Figure 2.

Figure 50.05.004-R: Building Design at Street Corners

Building Design.

Purpose: The following building design requirements achieve a village character through building massing, composition, materials, ground floor design treatments, and other building design elements in the Lake Oswego Style:

Lake Oswego Style Required.

Purpose.

The following standards are intended to create distinctive buildings which have richly textured, visually engaging facades.

New structures in the Downtown Redevelopment Design District shall be designed in accordance with the following traditional architectural styles: Arts and Crafts, English Tudor, or Oregon Rustic style. Structures shall provide all of the Required Design Elements outlined below for the chosen architectural style(s). Photo examples for each style are provided for reference in LOC § 50.11.001, Appendix A.

Arts and Crafts Style Required Design Elements: Structures built according to the Arts and Crafts style shall provide all of the following design elements:

Massing/Composition:

Asymmetrical composition required. This requirement is met when the building form and detailing are not identical on both sides of a central line dividing the facade (see Figure 50.05.004-S).

Multi-Family Residential and Mixed Use Structures: See LOC § 50.06.001.7.c.i and ii for building articulation requirements.

Roof: Steeply pitched gable with a minimum pitch of 10:12. Dormers are exempt from minimum pitch requirement.

Exterior Building Materials: Stucco, shingle, brick, stone, horizontal wood siding (or a combination thereof).

Windows: Casement and sash windows with multi-paned glazing. Picture windows are permitted on the ground floor only. "Snap on," surface-applied window mullions are prohibited (simulated divided light windows wherein the mullion is integral to the window assembly are permitted).

Figure 50.05.004-S: Asymmetrical Composition Required

Additional Design Elements: In addition to the Required Design Elements, above, structures built according to the Arts and Crafts style in the Downtown Redevelopment Design District shall provide at least one of the following design elements:

Roof Style: Dormers, or intersecting or multiple gable dormers or roof forms.

Materials: Simplified English vernacular elements such as simulated half-timbered walls.

Windows: Segmental and round arched openings used for accent.

Molding: Minimum 3.5-in. wide trim on doors and windows.

Other Elements: Prominent stone or masonry chimneys.

English Tudor Style Design Required Elements.

Structures built according to the English Tudor style in the Downtown Redevelopment Design District shall provide the following design elements:

Massing/Composition:

Asymmetrical composition required. This requirement is met when the building form and detailing are not identical on both sides of a central line dividing the facade (see Figure 50.05.004-S).

Multi-Family Residential and Mixed Use Structures: See LOC §§ 50.06.001.7.c.i and 50.06.001.7.c.ii for building articulation requirements.

Roof: Steeply pitched gable roof with a minimum pitch of 10:12. Dormers are exempt from this requirement.

Exterior Building Materials: Brick, stucco, and/or stone.

Windows: Multi-paned picture, bay, oriel, casement, and/or dormer windows. "Snap on," surface-applied window mullions are prohibited (simulated divided light windows wherein the mullion is integral to the window assembly are permitted).

Additional Design Elements: In addition to the required design elements, above, residential and residential mixed use structures built according to the English Tudor style in the Downtown Redevelopment Design District shall provide at least one of the following design elements:

Roof Style: Double gable roof forms and/or dormers.

Windows: Leaded glass windows.

Building Materials: Complex brick courses that may include running bond, common bond, Flemish, and English bond patterns; or imitation half-timbering.

Molding: Minimum 3.5-in. wide trim on doors and windows. Trim should be of a contrasting color to the adjacent building wall. Brick buildings may provide contrasting stone moldings. Decorative trims are also encouraged.

Other Elements: Prominent stone or masonry chimneys; tudor-arched (as illustrated in the1650 North Shore example in LOC § 50.11.001, Appendix A) or round-arched openings, particularly in the entrance door.

Oregon Rustic Required Design Elements.

Structures built according to the Oregon Rustic style in the Downtown Redevelopment Design District shall provide the following design elements:

Massing/Composition:

Asymmetrical composition required. This requirement is met when the building form and detailing are not identical on both sides of a central line dividing the facade (see Figure 50.05.004-S).

Multi-Family Residential and Mixed Use Structures: See LOC §§ 50.06.001.7.c.i and 50.06.001.7.c.ii for building articulation requirements.

Roof Style: Hipped and/or gable roofs (may be used in combination) with a minimum pitch of 5:12.

Eaves: Minimum eaves of 18 in.

Exterior Building Materials: Horizontal lap siding, board and batten, shingled siding, wood logs (unpeeled or half rounded) applied as siding, or combinations thereof. Stone (including river boulders) may be used in foundations or as siding for first-floor levels.

Windows: Multi-paned windows required. "Snap on," surface-applied window mullions are prohibited (simulated divided light windows wherein the mullion is integral to the window assembly are permitted).

Additional Design Elements: In addition to the required design elements, above, residential and residential mixed use structures built according to the Oregon Rustic style in the Downtown Redevelopment Design District shall provide at least one of the following design elements:

Windows: Functional shutters.

Molding: Minimum 3.5-in. wide trim on doors and windows. Molding should be simple, square cut, or single-angle cut trim. Carved accents such as newel posts, exterior banisters, railing, etc. are also encouraged.

Building Materials: Natural, clear wood or semi-transparent finishes (instead of opaque paint).

Other Elements: Prominent stone chimney.

Storefront Appearance Required.

Buildings fronting on streets, and alleys designed for pedestrian use shown in Figure 50.05.004-EE: Compact Shopping District, shall create a storefront appearance for commercial uses on the ground floor. This is accomplished by complying with LOC § 50.06.001.7.c.i(2), Building Facade Elements.

In addition, such design shall maximize the opportunity for window shopping through compliance with the following requirements:

A minimum of 80% (linear measurement) of the exterior ground floor abutting pedestrian ways shall be designed as storefront with display windows and entry features.

The bottom edge of windows along pedestrian ways shall be constructed no more than 30 in. above the abutting walkway surface and shall be no closer than 12 in. above the walkway surface.

Sufficient interior or soffit lighting to allow nighttime window shopping shall be provided.

Materials.

Ground Floor.

Multi-family and residential mixed use structures shall use masonry on a minimum of 75% (linear measurement) of any street-facing ground floor building facade. Ground floor masonry materials shall be selected from the list of exterior building materials provided within the required or additional design elements for each of the Lake Oswego styles outlined in this Code section. "Masonry" also includes fabricated bricks, blocks, stucco and glass.

Upper Stories.

Multi-family and residential mixed use structures shall use both wood and glass on a minimum of 60% (linear measurement) of each upper-story facade. Upper floor building materials shall be selected from the list of exterior building materials provided within the required and/or additional design elements for each of the Lake Oswego styles (see LOC § 50.11.001, Appendix A). For the purposes of this standard, wood includes engineered/composite wood material as outlined within the Lake Oswego styles in subsection 13.f.i of this section. These materials are intended to soften the appearance of a building that sits on a heavier-appearing masonry/glass base and thereby effectively creating a mixed use village appearance.

Roof.

Roofs shall use the following roofing materials:

If a new or substantially remodeled building utilizes a flat roof, materials that will not cause roof repairs (patching) to be readily visible.

Prohibited Materials.

The following exterior building materials or finishes are prohibited:

Plastic, except when used to replicate old styles (e.g., vinyl-clad windows, polyurethane moldings, plastic columns, etc.);

Metal or vinyl siding;

Mirrored glass;

T-111 type plywood;

Corrugated metal or fiberglass;

Standard form concrete block (not including split faced, colored or other block designs that mimic stone, brick or other similar masonry); and

Backlit fabrics, except that awning signs may be backlit fabrics for individual letters or logos.

Ground Floor Design.

Ground Floor Cornice: Multi-family and mixed use residential structures shall visually distinguish the ground floor from upper floors through at least one of the following methods:

Provide a cornice separating the ground floor functions and materials from the upper story or stories. Ground floor cornice lines shall provide continuity with cornice placement on abutting buildings as shown in Figure 50.05.004-T: Ground Floor Design.

Provide a change in building material between the ground floor and upper floors.

Figure 50.05.004-T: Ground Floor Design

Ground floor storefront design: Mixed use and commercial structures providing ground floor commercial uses shall comply with the following requirements:

Use the same building materials and/or colors from storefront to storefront within a single building; or

Paint the wood elements in the first floor storefront areas white, black, dark brown, dark green or gray-blue. This color range is recommended to create compatibility and design strength at the ground floor storefront level while encouraging diversity with multi-tenant buildings and in large lot (whole block) developments.

Molding Design.

Moldings, window casings and other trim elements shall be as required by the chosen Lake Oswego Style. Larger dimensions than the stated minimum molding widths may be used to exaggerate or illustrate a creative design concept or to match the scale of the new building.

Enclosure or Screening of Mechanical Equipment.

Mechanical equipment shall be screened from view. Rooftop mechanical equipment shall not be visible from any sidewalk along public streets or any open space adjacent to the proposed development. To accomplish this, rooftop equipment shall be screened by either a parapet or architectural screen that is at least as tall as the equipment, or by setting back the equipment from the roof edges sufficient to restrict views of the equipment, at a minimum three ft. for each foot of height of the equipment. Solar or other renewable energy systems are exempt from this screening requirement, provided they meet the requirements in LOC § 50.04.003.4.b. Other mechanical equipment located on site shall also be screened from view. Any utility box placed along a street front of a building shall be buried.

Awnings and Canopies for Weather Protection.

Buildings with more than one story shall provide awnings or canopies extending six ft. horizontally over windows and doors that face a public street, as shown in Figure 50.05.004-U: Awning Design and Brick Pavement Panel, except when a window abuts landscaping or where ground floor residential units face a public street no awning or canopy is required. Bullnose, dome, circular, quarter-round and waterfall awnings shall not be allowed.

Figure 50.05.004-U: Awning Design and Brick Pavement Panel

Outdoor Relationships.

Buildings shall be designed to open up to outdoor seating and display areas that are intended to be accessory to an indoor use, such as a restaurant or cafe.

Mixed Use Residential.

Mixed use buildings with a residential component shall define the residential portion of the structure by providing at least one of the following elements as shown in Figure 50.05.004-T or Figure 50.05.004-V: decks or balconies, landscaping, chimneys, dormers, or building step backs above the second story. Brick or stone masonry shall be used for chimney construction.

Figure 50.05.004-V: Mixed Use Residential

Alley Space.

Alley space shall be designed to minimize service functions, to screen trash/storage areas and to enhance pedestrian/patron use. Outdoor seating, landscaping, signage, lighting and display features shall be included in alley design.

Landscaping and Site Design Requirements

Purpose.

The following standards are intended to ensure that landscaping and site design elements help create a “village character” by providing high-quality landscape elements. Landscaping should be designed to enhance building design, enhance public views and spaces, define the street, provide buffers (screening) and transitions, break up scale and proportion, and provide for a balance between shade and solar access.

Amount of Landscaping Required.

Landscaping on the site, visible from the ground, shall comply with the following amounts:

Residential and live/work: 15% of the lot.

Nonresidential development: 10% of the lot.

Vines on espaliers shall be placed along at least one building wall.

In addition to the landscaping required in subsection 8.b.i of this section, landscaping for screening and buffering shall be required:

To screen public or private utility and storage areas and parking lots.

As a separation between dissimilar uses.

Style and Design.

Landscaping and courtyards shall be coordinated with the building design so that landscaping and courtyard features complement the building design. This shall be accomplished by incorporating the same materials and/or colors into landscape and courtyard elements as used within the building, or by incorporating accent materials and/or colors from the building. This requirement applies to landscape and courtyard elements such as iron/steel plant balconies, metal fences, railing and gates, masonry walls, paving, window boxes, hanging plant brackets.

Landscaping may be placed in pots, raised planters, or flower boxes.

Courtyards visible from the public street shall be provided on new multi-family and residential mixed use development along any facade longer than 200 ft. Courtyards shall be at least 225 sq. ft. in area with no single dimension less than 15 ft. and shall include one or more of the following elements: seating, art, or fountains/water features.

Street Trees.

Ground Floor Residential Use.

Residential uses at the ground floor shall be separated from sidewalks by a four-ft. minimum landscaped buffer (see LOC § 50.05.004.6.d). The landscape buffer may include stairs, railings, walls, pilaster columns or other similar features.

Green Landscaping.

Landscape design shall incorporate the following environmentally friendly design and planting concepts:

Utilize plant materials that are best suited for the areas of the site, e.g., water, soil, sun and shade.

Incorporate native and drought-tolerant plantings and utilize plant materials which are grown in the Pacific Northwest.

To minimize or avoid the use of pesticides and fungicides, use plant materials that are pest- and disease-resistant or that attract beneficial insects.

Irrigation systems shall be pressurized to limit water loss.

Design tree and vine placement to provide shade on ground and wall surfaces during warm months.

Use root barriers to protect trees and avoid damage to pavement when planting trees near sidewalks and other paved areas.

The landscape plans shall include instructions for the continued maintenance of the landscaping, which shall include the following:

Use soil amendments and soil mulches to preserve moisture content.

Avoid or minimize the need to fertilize turf.

Water between 8:00 p.m. and 9:00 a.m.

Street Furniture and Lighting.

Figure 50.05.004-W: Street Furniture and Lighting

Brick Paving.

Figure 50.05.004-X: Paving Materials and Design

Walls.

New and substantially remodeled buildings shall use natural quarried stone (preferably Columbia River Basalt) for all retaining or freestanding walls as illustrated in Figure 50.05.004-Y: Wall Materials and Design.

Figure 50.05.004-Y: Wall Materials and Design

Gates and Hangers.

Decorative iron gates and hangers for signs, flags and hanging baskets shall be required as part of the landscape plan and shall be designed in the Arts and Crafts style.

xi.

Hanging Baskets.

Any required landscaping shall include seasonal hanging flower baskets placed within parking lots and along streets and sidewalks.

xii.

Art.

The site design for a new or substantially remodeled existing building shall include locations for placing public or private art.

xiii.

Protecting Pedestrians.

In areas of potential vehicle/pedestrian conflict, City-approved street furniture or bollards (see Figure 50.05.004-W: Street Furniture and Lighting) shall be used to help create a "protected zone" for the pedestrian.

Parking Requirements.

Parking shall be designed to provide adequate space while preserving and enhancing the village character of Lake Oswego, through compliance with the following criteria:

Number of Spaces.

New uses shall provide the number of parking spaces required under the City of Lake Oswego Parking Standards (LOC § 50.06.002), modified as follows:

The applicant demonstrates that they have permission of the owner of the adjacent property to utilize their property for parking, either by an easement or a parking agreement or leases that will last for the life of the use.

The location of the adjacent property complies with LOC § 50.05.004.9.b.

Existing on-street parking along the property frontage shall be used to calculate parking requirements.

In the portion of the downtown shopping and business district shown on Figure 50.05.004-Z: Downtown – No Required Parking, below, no parking shall be required for existing or proposed uses when:

A retail use locates in an existing structure; or

An existing structure is expanded and the ground floor footprint does not increase in area.

Figure 50.05.004-Z: Downtown – No Required Parking

Employee and Patron Parking Restrictions.

Employee and patron parking shall be restricted to available parking within the commercial district as follows:

On-site parking;

Owner or easement parking for patrons within 500 ft. of the business site;

Owner or easement parking for employees within 1,000 ft. of the business site; or

On-street parking along the property frontage.

Parking Lot Design.

Parking shall be designed in compliance with the following criteria:

Parking configuration and circulation shall be designed to provide access from streets within the district and direct traffic away from residential zones, particularly delivery vehicles.

All parking lot lights shall be directed downward and shielded in order to avoid light trespass on abutting properties. Parking lots abutting residential use shall be designed to minimize noise levels generated from vehicles such that normal use of the lot does not result in noise levels exceeding 60 dBA as measured at the edge of the parking lot or area abutting a residential use.

Parking Structures.

In addition to compliance with the requirements of LOC § 50.05.004.10, a proposed parking structure or garage shall comply with the following design standards:

Figure 50.05.004-AA: Parking Structure Building Materials and Entries

Architectural elements such as a frieze, cornice, trellis or other device shall be continued from a residential portion of the building onto a parking structure.

Vehicle entries shall be located back from the street and sidewalk, to the side, or to the rear of the building.

Parking structures shall be designed so that portions of the parking structure decks are used for landscaping or entry courts to abutting buildings.

Parking structures shall use the same ground level building materials and cornice line height as the adjacent or abutting buildings in order to create a strong/emphasized base.

Street, Alley and Sidewalk Design.

Purpose: Street, sidewalk and alley design should safely and efficiently provide for vehicular and pedestrian travel while enhancing village character through compliance with the following design standards. These standards shall apply in addition to any other City requirements for street, alley or sidewalk design. In the event of a conflict, the provisions of this section shall control.

"A" Avenue.

Any improvements to "A" Avenue shall be designed and constructed in conformance with the 1994 Concept Plan as it exists now or may in the future be amended by LORA. This plan identifies turn lane configuration, island location, signal location and general scope of the project. "A" Avenue shall be designed to blend with and continue the design themes of the Demonstration Street Project as shown in Figure 50.05.004-BB: Demonstration Street Project, or in conformance with the completed construction plans for the next phase if such plans are available and have been approved by LORA.

Figure 50.05.004-BB: Demonstration Street Project

Intersection Design.

Intersections on "A" and "B" Avenues shall create crosswalks in a different material and texture than the street paving (e.g., concrete, cobbles, or brick) to bridge the intervening streets.

Alleys.

Alleys shall be incorporated into design plans as pedestrian and vehicular accessways.

Angle Parking.

§ 50.05.005 West Lake Grove Design District.

Purpose.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2592, Amended, 6-18-2013; Ord. No. 2803, Amended, 2-19-2019]

These provisions are intended to implement the Lake Oswego Comprehensive Plan and the West Lake Grove Design District, identified in Figure 50.05.005-A: West Lake Grove Design District Boundaries, by specifying allowed land uses and providing design and development standards to ensure:

The characteristics of allowed land uses are appropriate for this location in terms of function, transportation characteristics, and compatibility with nearby residential uses.

Development of specific transportation improvements necessary to:

Minimize impacts on adjacent local streets through measures such as site planning, building design, and building orientation;

Allow for efficient and safe shared access to Boones Ferry Road to minimize traffic conflicts;

Ensure cohesive internal circulation and cross easements between all properties at full development; and

Provide for pedestrian, bike and public transit facilities.

Effective buffering and screening occurs between land uses allowed within the West Lake Grove Design District and existing single-family residential neighborhoods.

The creation of a built environment complementary to the existing character of Lake Grove which includes:

The creation of an aesthetic entry to the City;

Architecturally designed structures of high design quality sited to orient towards the public streets; and

Preservation of substantial trees to retain the landmark status imparted by these resources.

High quality site planning and designed landscapes.

Figure 50.05.005-A: West Lake Grove Design District Boundaries

Applicability.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2723, Amended, 10-18-2016; Ord. No. 2851, Amended, 9-15-2020]

This section applies to all land within the West Lake Grove Design District, as shown on Figure 50.05.005-A, which consists of three zones:

Residential Mixed Use (WLG RMU);

Office Commercial (WLG OC); and

Residential Townhome (WLG R-2.5).

Exception: Seasonal restaurant enclosures.

To the extent that any requirement of this overlay imposes a regulation relating to the same matter as the use, dimensional, or development regulations in this Code, this section shall prevail.

West Lake Grove Design Standards Explained.

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

This section provides for two levels of design and development standards to implement the West Lake Grove Design District. The first level are those overall design and development standards which apply to the entire district found in LOC § 50.05.005.4, Standards Applicable to the Entire WLG Design District. The second are those standards which apply specifically to the individual West Lake Grove zones found in LOC §§ 50.05.005.5, 50.05.005.6, and 50.05.005.7.

Standards Applicable to the Entire WLG Design District.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2592, Amended, 6-18-2013; Ord. No. 2612-A, Amended, 5-21-2013; Ord. No. 2797, Amended, 11-6-2018; Ord. No. 2803, Amended, 2-19-2019; Ord. No. 2909, Amended, 2-7-2023]

General Requirements.

Development which occurs within the West Lake Grove Design District shall create an aesthetically pleasing entry into Lake Grove through the following design elements:

Architecturally designed structures of high design quality that are in scale with the site, in proportion to similar buildings in the West Lake Grove Design District and which utilize a pleasing variety of harmonious earth and muted tone materials, colors, finishes and textures;

Preservation of substantial trees to retain the landmark status imparted by these resources;

Orientation of building entrances shall conform to the provisions of LOC § 50.06.001.5, Commercial, Industrial, and Multi-Family Development Standards for Approval;

Building design and orientation shall provide for effective screening and buffering of the subject properties from adjacent residential neighborhoods; and

High quality designed landscapes involving native plant materials or those which have naturalized to the locale, which will grow to significant size and impart seasonal color and interest.

Streets and Circulation.

Access to Boones Ferry Road, new streets, internal vehicular driveways, parking, pedestrian and bike facilities shall be provided and developed in accordance with the Streets and Circulation Element of the West Lake Grove Design District shown below in Figure 50.05.005-B: Auto and Transportation Circulation, Figure 50.05.005-C: Internal Parking and Circulation, and Figure 50.05.005-D: Street Pedestrian Facilities and Pathways.

Figure 50.05.005-B: Auto and Transportation Circulation

Figure 50.05.005-C: Internal Parking and Circulation

Figure 50.05.005-D: Street Pedestrian Facilities and Pathways

Through provision of shared access and driveways, parking and pedestrian systems, development shall occur in a manner to ensure the phased construction of the planned circulation and access system and in no circumstance shall prevent the development of a cohesive access and circulation system. Furthermore, public bike and pedestrian facilities shall be provided on both sides of Boones Ferry Road as illustrated by Figures 50.05.005-B, 50.05.005-C, and 50.05.005-D. Figures 50.05.005-E, 50.05.005-F, 50.05.005-G, 50.05.005-H, and 50.05.005-I illustrate the desired design treatment of West Sunset Street, Lower Boones Ferry Road and a pedestrian path intended to serve a portion of the WLG R-2.5 Residential Townhome zone.

Figure 50.05.005-E: West Sunset Street Typical Street Section A-A

Figure 50.05.005-F: West Sunset Street Typical Section B-B

Figure 50.05.005-G: Lower Boones Ferry Road Typical Section C-C

Figure 50.05.005-H: Pedestrian Walkway Typical Section

Figure 50.05.005-I: Lower Boones Ferry Road Typical Section E-E

The number of access points on Boones Ferry Road shall be minimized through the use of consolidated driveways sufficiently wide enough to allow for simultaneous ingress and egress. This shall require property owners to agree to construct or share in the cost of consolidated driveways either:

At the time of development; or

At such future time when sufficient land area is developed to make driveway consolidation practical.

If it is impractical, due to the timing of development, to develop consolidated driveway access for more than one parcel, the location of future consolidated access shall be determined by the approval authority based upon the:

Streets and Circulation Element of the West Lake Grove Design District, Figure 50.05.005-B, Figure 50.05.005-C, and Figure 50.05.005-D;

The ability to serve the maximum number of land uses and properties;

Traffic safety and operational characteristics; and

Use of more than one property to ensure future consolidated access, such as at property lines.

The approval authority may approve interim individual driveways access to Boones Ferry Road subject to the findings of a traffic analysis and the condition that when adjoining properties develop, permanent shared access be developed pursuant to this section. In circumstances where the location of permanent shared access is not in the same location as an interim driveway, the driveway shall be removed and the area landscaped or otherwise integrated into the design of the subject site under the provisions of this section.

Driveway consolidation shall require the execution of reciprocal, nonrevocable easements in a form necessary to ensure unimpeded property access and driveway maintenance.

All driveways shall include safety features such as changes in surface material, signage and lighting to alert drivers to the potential presence of pedestrians.

Pedestrian and Bicycle System.

Continuous and connecting hard-surface pedestrian pathways, including a continuous meandering pathway on both sides of Boones Ferry Road, a minimum of eight ft. in width and accessible to the public, shall be provided throughout the West Lake Grove Design District (see Figure 50.05.005-D: Street Pedestrian Facilities and Pathways). The location and radii of the pathway shall ensure a sufficient setback from Boones Ferry Road to allow for amenities such as effective landscaping, street trees and lighting.

These pathways shall provide access to all Design District properties and to the public pedestrian system in the surrounding residential neighborhoods and Lake Grove Commercial District. Pedestrian pathways shall be a minimum of six ft. from the exterior wall of any structure.

A walkway shall be developed as illustrated by Figures 50.05.005-D and 50.05.005-H to provide continuous pedestrian access to townhomes developed within the north portion of the WLG R-2.5 zone.

If inadequate right-of-way exists within which to construct the above eight-ft.-wide meandering pathway, then property owners shall be required to provide a public easement of sufficient size for pathway construction and maintenance.

Intersection Design.

Intersections shall serve as design focal points through the application of landscaping, surface treatments and appropriately scaled lighting. Buildings adjacent within the WLG RMU zone shall, where feasible, orient entrances to intersecting streets to facilitate pedestrian usage. Buildings within the WLG OC zone shall orient entrances to intersecting streets as illustrated by Figure 50.05.005-J: Building Orientation.

Figure 50.05.005-J: Building Orientation

Public Safety.

Intersection design and improvements shall enhance pedestrian safety and ease of crossing Boones Ferry Road and other streets within the Design District. Street lighting of a consistent style shall be provided within the Design District.

Landscaping Standards.

Landscape development shall reinforce the informal "village" scale and character of Lake Grove.

Landscape Styles.

The following appropriate landscape styles shall be emphasized for residential, office/commercial and neighborhood commercial development within the Design District:

Informal massing and arrangement of plant materials around buildings, parking lots, and within required landscaped buffers;

Rows of street trees within areas designated for neighborhood commercial;

Meandering pedestrian pathways;

Wide concrete or brick sidewalks adjacent to buildings designated as Office Commercial/Neighborhood Commercial; and

Use of trees which grow to a significant size including native evergreen trees where possible, and avoiding use of columnar form hybrids.

Parking Area Landscaping, Buffering, and Screening.

The overall design themes for parking lot landscapes shall emphasize development of a natural appearing landscape, which utilizes plant materials that are either native or have naturalized to the locale.

Purpose.

Off-street parking areas shall be designed and landscaped to:

Be buffered and screened from adjoining residential uses;

Ensure that trees are integral to parking lot design to provide for aesthetics and shade;

Be an integral part of a development’s overall site plan, taking into special consideration the requirement to preserve substantial trees;

Visually mitigate large expanses of paving and allow for alternative surface treatments, such as the use of gravel and other pervious surfaces to preserve substantial trees; and

Preserve substantial trees, especially Douglas firs.

Minimum Parking Lot Landscaping Standards.

All parking lots shall be landscaped to conform to the following minimum standards:

Trees planted to meet the landscaping requirements for parking lots shall be deciduous shade trees of at least three caliper in. which reach a minimum mature height of at least 30 ft. and have the canopy and structure necessary to cast moderate to dense shade.

Where adequate room is available, large-scale evergreen trees such as western red cedar, western hemlock, California incense cedar, and Douglas fir of at least four to six ft. in height and which reach a mature height of at least 70 ft. shall be incorporated into the landscape theme.

Exceptions to the requirements of subsections 4.f.ii(2)(a) and (b) of this section may be allowed for circumstances that limit placement of trees such as overhead lines, underground utilities and confined spaces.

Parking areas shall be divided into bays of not more than eight parking spaces. Between and/or at the end of each parking bay there shall be curbed planters of at least five ft. in width. Each planter shall contain one shade tree of at least three caliper in. The planter shall also be planted with appropriate ground cover or shrubs at a rate of two two-gallon plants for every 20 sq. ft. of landscape area. The intervening area between plantings shall be mulched with an appropriate material to a minimum depth of three in.

Parking lots fronting a driveway, sidewalk, pathway or public street shall be bordered by a minimum five-ft.-wide landscaped area. Within this area, shade trees shall be planted every 30 ft. Planting of shrubs and ground cover and mulching shall occur pursuant to subsection 4.f.ii(2)(d) of this section.

Parking areas shall be separated from the exterior wall of a structure by a minimum of a ten-ft. buffer which may include a pedestrian pathway and/or landscaped strip. Parking areas or driveways shall be separated from abutting residential zones by a minimum 15-ft. landscape buffer pursuant to subsection 4.i.ii of this section, Landscape Buffering.

All parking area landscaping shall be provided with underground irrigation.

Entrances to parking areas shall be specifically indicated through pedestrian-scale signage and lighting.

Site Landscaping.

Generally.

All new development shall install landscaping on at least 20% of the development site on which buildings are constructed. This is inclusive of landscaping required for parking lots, and landscaping within required buffer areas. Landscaping may include courtyards, raised beds and planters, espaliers, arbors and trellises. The landscape plan shall incorporate large-scale evergreen trees such as Douglas fir, western red cedar, hemlock or California incense cedar.

Planting plans shall emphasize development of an informal, natural appearing landscape, which utilizes drought-resistant plant materials that are either native or have naturalized to the locale.

Existing vegetation that is preserved as part of an approved development application shall be counted towards fulfillment of this section.

Minimum Site Landscape Requirements.

Minimum landscaping shall be as follows:

Tree Size and Quantity.

One tree, a minimum of three caliper in. for every 500 sq. ft. of landscaped area. Where site conditions warrant, evergreen trees such as western red cedar, western hemlock and Douglas fir of at least three caliper in. and which reach a mature height of at least 70 ft. shall be planted.

Shrub Size and Quantity.

At least 15 shrubs of a minimum two-gallon in size for every 500 sq. ft. of landscaped area. All remaining areas shall be treated with suitable mulch applied to a depth of no less than three in.

Irrigation.

All landscaping shall be provided with underground irrigation.

Street Trees.

One street tree shall be provided within or immediately adjacent to the public right-of-way an average of every 30 linear ft. along the entire development site frontage.

Street trees shall be a minimum of three caliper in. when planted. When trees are not planted in a planter strip or landscaped area, tree wells, with approved grates that provide a minimum of 16 sq. ft. of surface area, shall be provided for each tree. Alternative arrangements to a linear street pattern may be implemented at the discretion of the approval authority. Existing preserved trees within 20 ft. of the public right-of-way shall be counted towards fulfillment of this standard.

In order to provide for a more natural and informal setting, groupings of trees may be allowed.

Exemptions from Street Tree Requirements.

Exemptions from street tree requirements may be granted by the approval authority provided the following conditions exist:

Trees would create problems with existing above or underground utilities;

Trees would conflict with clear vision requirements; or

There is inadequate space in which to plant trees.

However, the approval authority may require the applicant to plant street trees elsewhere within the Design District in lieu of trees which would normally be required for a specific development. If trees cannot be planted due to inadequate space or line clearance, the commensurate planting of shrubs or small trees more appropriate to the area may be required.

Unifying Design Elements.

Development shall incorporate landscape features which contribute to a unifying design theme and continuity within the West Lake Grove Design District such as paving materials and textures, lighting, street furniture, signage and plant material selection, especially trees.

Preservation of Substantial Trees.

Development plans shall preserve substantial trees to the extent practicable. Substantial trees for the purpose of this section, West Lake Grove Design District, are all trees measuring over 15 in. DBH or more except for invasive, dead or hazardous trees. Where compliance creates conflicts over preservation of different types of trees, preservation of native trees such as Douglas firs is given higher priority than nonnative trees.

The approval authority shall have the discretion to allow modifications or require changes to the paving standards, such as the use of pervious surfaces, to preserve mature trees.

Tree removal shall be mitigated. Where practicable, trees of the same or approved variety of no less than three caliper in. shall replace trees removed with trunk diameters of six caliper in. or greater. Where complete mitigation is not practicable, payment shall be made into the City of Lake Oswego Tree Fund pursuant to LOC § 55.02.084.4.

A protection and maintenance plan to promote the continued survival of preserved trees shall be submitted for approval in conjunction with any development application.

Incentives for Preservation of Substantial Trees.

For each substantial tree retained on the lot, a 500 sq. ft. landscaping credit can used to reduce the number of parking lot landscaping bulbs per subsection 4.f.ii(2)(d) of this section and/or the width of the landscaping buffer between a parking facility and the exterior wall of a building per subsection 4.f.ii(2)(f) of this section, but in no case shall the total amount of landscaping on site be reduced below 10%. A retained tree shall be credited only toward reduction in required landscaping. Sufficient landscape area at the base of each preserved tree shall be provided as recommended by a certified arborist. The decision body shall require as a condition of approval that, where a preserved tree dies or otherwise must be removed, a native evergreen tree, such as a western red cedar, western hemlock or Douglas fir of at least three caliper in., shall be planted.

Buffer Areas.

Adjoining residential land uses shall be buffered and screened from land uses within the Design District as follows:

Separation by Right-of-Way.

Where the boundary of the West Lake Grove Design District is adjacent to a residential zone but separated by a public right-of-way, buffering requirements shall be met by setback requirements.

Landscape Buffering

There shall be a minimum 15-ft.-wide landscaped buffer along the entire edge of the West Lake Grove Design District where it abuts a residential zone and along the property boundaries of new commercial and townhome residential development which abuts existing single-family dwellings within the Design District. A buffer area may only be occupied by utilities, screening and landscaping. No buildings, accessways or parking areas shall be allowed in a buffer area except where an accessway has been approved by the approval authority. The buffer area is required to be landscaped as follows:

One row of minimum three-caliper-in. deciduous trees, spaced no more than 15 ft. apart; or one row of evergreen trees not less than six ft. tall and spaced no more than 15 ft. apart, or a mix of evergreen and deciduous trees planted 15 ft. apart.

Ten shrubs planted a minimum of five ft. from each other which shall attain a height of at least six ft. within three years of planting.

The remaining area shall be planted in ground cover and mulched with a suitable material to a depth of three in.

Screening.

Screening shall be provided by a six-ft. tall wood or masonry sight-obscuring fence or wall. The unfinished or structural side shall face the use to be screened.

Noise Mitigation.

The approval authority shall require a noise mitigation plan when the proposed development is reasonably expected to produce noise that can be heard in the abutting single-family residential districts above ambient residential levels. The development proposal shall incorporate noise reduction designs into construction of the development, and/or provide for additional noise reduction procedures to be implemented in order to reasonably reduce noise from the development so that it cannot be heard in the abutting residential district above ambient residential levels.

Building Design.

Elements and Styles.

Buildings shall be architecturally designed with a residential character and theme that reflect the architecture types that are historically indigenous to Lake Grove and Lake Oswego. Building character should reflect the residential English Country or Cottage style, and borrow from the Arts and Crafts tradition, English Tudor style and the American Rustic style. Elements of these styles which can be used for both residential, office/commercial and commercial uses and major public facility structures within the design district include:

Complex massing;

Asymmetrical composition;

Masonry and wood as exterior cladding materials;

An intimate, pedestrian friendly scale;

Richly textured and visually engaging facades; and

Lush landscaping and border plantings.

Evaluation of the appearance of buildings and their conformance with these standards shall be based on the quality of design and relationship to the surroundings.

Design Standards.

The following building design standards shall apply to all office and neighborhood commercial development which occurs within the West Lake Grove Design District. Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form, and siting shall be used to provide visual interest as follows:

No continuous blank walls shall be allowed along pedestrian and vehicular ways and shall not exceed 25 linear ft. without recess or change of plane. Pursuant to Figure 50.05.005-K: Building Window Openings and Blank Walls, at least 50% of the ground floor walls within the WLG OC zone shall consist of windows. Windows types shall consist of double hung or divided lights. Large plate glass windows and simulated divided lights are not allowed.

Figure 50.05.005-K: Building Window Openings and Blank Walls

Buildings shall use materials that are architecturally harmonious for all walls and exterior components. Materials shall be durable and of high quality.

Permitted Exterior Materials.

Wood shingle, including engineered/composite wood;

Brick;

Stone-granite or concrete at street level only for WLG Office Commercial;

Horizontal wood lap siding, including engineered/composite wood; and

Stucco and timbers on gable ends only.

Prohibited Exterior Materials.

EIFS or other synthetic stucco material;

Metal panels;

Flagstone;

Plywood paneling;

Vinyl cladding;

Mirrored glass;

Standard form concrete block (not including split faced, colored or other block designs, which mimic stone, brick or other masonry); and

(viii)

Back-lighted fabrics.

Buildings which abut the office and neighborhood commercial zones shall incorporate a combination of the following design elements to foster a comfortable and interesting pedestrian experience:

Modulations of scale,

Definitive indoor-outdoor relationships,

Harmonious materials and earth and muted tone colors and compatible color accents, and

Outdoor lighting and other design treatments.

Other architectural features such as awnings, arcades, bay windows, and projecting balconies shall be required.

Pitched roofs are required and include pitched gable end or hipped roofs. Small areas of flat roof not visible by the public or from adjoining residential areas may be allowed where necessary to accommodate mechanical equipment.

Roof materials shall consist of either cedar shingles or three tab composite shingles in dark grey, green or black colors. Metal roofs, colored roofs (red, blue or tan colors), and mansard or decorative roof forms are prohibited.

Building entrances shall be located for visibility and ease of pedestrian use. Entrances to upper floors shall be located so as not to conflict with street level activities and pedestrian use.

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 residential districts and sight-obscuring fencing and landscaping shall be used to screen and buffer these features.

Building components, such as windows, doors, eaves and parapets, shall have proper proportions and be placed in relationship to one another.

Exterior building lighting shall be designed as part of the architectural concept. Fixtures, standards and exposed accessories shall be of the proper scale and compatible with the building and overall site design.

Rain protection is encouraged throughout the Design District and shall be afforded to the WLG RMU zone pursuant to Figure 50.05.005-L: Building Rain Protection. Rain protection shall consist of fabric awnings or metal canopies. Vinyl awnings are prohibited.

Figure 50.05.005-L: Building Rain Protection

Street and Pathway Lighting.

Street and pathway lighting shall be provided per Figure 50.05.005-M: Required Street Lighting. Street and parking lot lighting shall consist of historic style fixtures. Cobra-head and contemporary fixtures are prohibited.

Figure 50.05.005-M: Required Street Lighting

Street Lighting.

Additional street lighting on Boones Ferry Road made necessary by new development shall be determined by the approval authority, who may require a street lighting study commensurate with a development review application to determine the appropriate level of lighting.

Lighting of Sidewalks, Public and Private Pathways, and Accessways.

Low level pedestrian-scale lighting of less than 0.3 average foot-candles and with a maximum uniformity of illumination ratio not to exceed 20:1 shall be required. On-site lighting shall be of a pedestrian scale and of a continuous style that is maintained throughout the Design District.

Lighting Equipment.

All street and pathway lighting equipment shall be approved by the approval authority.

Shielding of Lighting from Adjoining Properties.

Lighting shall be designed so that light is directed away and screened from adjoining residential properties and/or streets.

Outdoor Storage.

No outdoor storage is allowed.

Stormwater Management.

Storm drainage and surface water management facilities shall be required pursuant to LOC § 50.06.006.3, Stormwater Managment Standards, and shall ensure stormwater is not directed onto adjacent residential neighborhoods.

Design Standards for the Residential Mixed Use (WLG RMU) Zone.

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

Purpose.

The purpose of this zone is to provide for the development of office commercial land uses along with opportunities for attached townhome residential housing. Housing may occur in the same building as office uses. The design character and theme of this district is intended to foster a residential architectural character, site design, and scale.

Required Design Elements.

Development within this district shall create viable pedestrian-scale streetscapes and public places inclusive of pedestrian ways, parking areas, interior courtyards and public and private spaces. These areas shall be designed to foster the comfort and enjoyment of pedestrians and other users. In addition the streetscape/public place shall provide for "layers" of design elements such as benches and walls, landscaping, street trees and walkways. Windows should be numerous and placed at the pedestrian level to provide building occupants with a visual connection to the streetscape/public place.

Dwelling units shall provide connections to the streetscape/public place with design elements such as balconies and windows.

Building design shall foster interest and compatibility between adjoining buildings through appropriate scale relationships. This shall be accomplished through a combination of the following:

Exterior building wall designs that provide distinct and separate areas with balconies and/or dormers;

Setting back parts of the facade to reduce the mass of large buildings or row of attached dwellings; and

Architectural features that provide a variety of harmonious colors, textures, material changes in rooflines, eaves, gables, trim details, bay windows, balconies and verandas.

The expanse of large facades and building planes shall be broken down both horizontally and vertically into smaller units through a mix of the following design elements:

Recessed or projected entries and porches;

Mixing roof gables and eaves facing on public sides of the building(s);

Appropriate use of windows to provide scale;

Dormers to break up roof expanses; and

Balconies.

Design Standards for the Office Commercial (WLG OC) Zone.

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

Purpose.

This zone is intended to provide for a mix of professional office and neighborhood commercial uses to serve the frequently reoccurring needs of the Lake Grove and Rural Lake Grove Neighborhoods and serve as an activity focus for the West Lake Grove Design District.

Required Design Elements.

The design theme of the WLG OC zone is intended to reflect the residential character and scale of the surrounding WLG RMU and WLG R-2.5 zones through the incorporation of common building elements and to also create a storefront character. This shall be achieved through the use of design elements and features described in this section.

The architecture of buildings shall establish a strong design relationship to one another to create a visually compatible ensemble. This relationship shall be especially reinforced at all four corners of the intersection of Boones Ferry Road and West Sunset Drive.

A clear visual distinction shall be made between the pedestrian oriented ground floor and upper stories through the use of an ample cornice above the first floor, a change of building materials, a row of clerestory windows, arcade or overhang.

Main public entrances shall be located directly off a sidewalk abutting the public street. Entries shall be sheltered and emphasized through the use of canopies or overhangs.

Design Standards for the Residential Townhome (WLG R 2.5) Zone.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2668, Amended, 12-1-2015]

Purpose.

The purpose of this zone is to provide for the development of medium density townhome residential housing. The design character and theme of this zone is intended to foster a residential architectural character, site design and scale which is harmonious with the surrounding office, commercial and single-family residential districts.

Design Elements.

Future development in this zone shall create a viable pedestrian-scale streetscape, or public place which includes pedestrian ways, parking areas, interior courtyards and public and private spaces which are designed to foster the comfort and enjoyment of pedestrians and other users.

The streetscape/public place shall provide for "layers" of design elements such as benches, walls, landscaping, street trees and walkways.

Building design shall foster interest and compatibility between adjoining buildings through appropriate scale relationships. This shall be accomplished through a combination of the following design elements:

Exterior building wall designs that provide distinct and separate areas with balconies and/or dormers;

Setting back parts of the facade to reduce the sense of mass of a row of attached dwellings; and

Architectural features that provide a variety of harmonious colors, textures, material changes in rooflines, eaves, gables, trim details, bay windows, balconies, porches and verandas.

The expanse of large facades and building planes shall be broken down both horizontally and vertically into smaller units through a mix of the following design elements:

Recessed or projected entries and porches;

Mixing roof gables and eaves facing on public sides of the building(s);

Appropriate use of windows to provide scale, where the amount of fenestration or glazing shall be proportional to the mass of the building facade;

Dormers to break up roof expanses; and

Balconies or projected bays.

Design Standards for the Residential Live/Work (WLG RLW) Zone.

[Repealed by Ord. No. 2723, 10-18-2016]

Clear and Objective Housing Standards for Approval.

[Ord. No. 2651, Added, 2-17-2015; Ord. No. 2723, Amended, 10-18-2016; Ord. No. 2797, Amended, 11-6-2018; Ord. No. 2803, Amended, 2-19-2019; Ord. No. 2909, Amended, 2-7-2023]

Purpose.

These provisions are intended to implement the Lake Oswego Comprehensive Plan and the West Lake Grove Design District, identified in Figure 50.05.005-N: West Lake Grove Design District Boundaries, by specifying allowed land uses and providing clear and objective design and development standards for new dwellings in the District to ensure:

The characteristics of allowed land uses are appropriate for this location in terms of function, transportation characteristics, and compatibility with nearby residential uses.

Development of specific transportation improvements necessary to:

Minimize impacts on adjacent local streets through measures such as site planning, building design, and building orientation;

Allow for efficient and safe shared access to Boones Ferry Road to minimize traffic conflicts;

Ensure cohesive internal circulation and cross easements between all properties at full development; and

Provide for pedestrian, bike and public transit facilities.

Effective buffering and screening occurs between land uses allowed within the West Lake Grove Design District and existing single-family residential neighborhoods.

The creation of a built environment complementary to the existing character of Lake Grove which includes:

The creation of an aesthetic entry to the City;

Architecturally designed structures of high design quality sited to orient towards the public streets; and

Preservation of substantial trees to retain the landmark status imparted by these resources.

High quality site planning and designed landscapes.

Figure 50.05.005-N: West Lake Grove Design District Boundaries

Clear and Objective Track 2 Alternative Applicability.

A development in the West Lake Grove Design District (shown in Figure 50.05.005-N) that involves a structure for residential mixed use, multi-family residential, or attached single-family (three or more units) housing that creates new dwelling units may comply with this article in lieu of compliance with LOC §§ 50.05.005.1 through 50.05.005.7:

To the extent that any requirement of this overlay imposes a regulation relating to the same matter as the use, dimensional, or development regulations in this Code, this section shall prevail.

West Lake Grove Design Standards Explained.

This section provides for two levels of design and development standards to implement the West Lake Grove Design District. The first level is those overall design and development standards which apply to the entire district found in LOC § 50.05.005.9.d, Standards Applicable to the Entire WLG Design District. The second is those standards which apply specifically to the individual West Lake Grove zones found in LOC §§ 50.05.005.9.e and 50.05.005.9.f.

Standards Applicable to the Entire WLG Design District.

Site Design Standards.

Purpose.

Development which occurs within the West Lake Grove Design District shall achieve an aesthetically pleasing site and building design that:

Preserves substantial trees in order to retain the landmark status imparted by these resources;

Through building design and orientation, provides effective screening and buffering of the subject properties from adjacent residential neighborhoods;

Through high quality designed landscapes involving native plant materials or those which have naturalized to the locale, plants will grow to significant size and impart seasonal color and interest; and

Incorporates landscape features which contribute to a unifying design theme and continuity within the West Lake Grove Design District, such as paving materials and textures, lighting, street furniture, signage and plant material selection, especially trees.

Streets and Circulation.

Access to Boones Ferry Road, new streets, internal vehicular driveways, parking, pedestrian and bike facilities shall be provided and developed in accordance with the Streets and Circulation Element of the West Lake Grove Design District shown below in Figure 50.05.005-O: Auto and Transportation Circulation, Figure 50.05.005-P: Internal Parking and Circulation, and Figure 50.05.005-Q: Street Pedestrian Facilities and Pathways.

Figure 50.05.005-O: Auto and Transportation Circulation

Figure 50.05.005-P: Internal Parking and Circulation

Figure 50.05.005-Q: Street Pedestrian Facilities and Pathways

Through provision of shared access and driveways, parking and pedestrian systems, development shall occur in a manner to ensure the phased construction of the planned circulation and access system and in no circumstance shall prevent the development of a cohesive access and circulation system. Furthermore, public bike and pedestrian facilities shall be provided on both sides of Boones Ferry Road as illustrated by Figures 50.05.005-O, 50.05.005-P, and 50.05.005-Q. Figures 50.05.005-R, 50.05.005-S, 50.05.005-T, 50.05.005-U, 50.05.005-V and 50.05.005-W illustrate the desired design treatment of West Sunset Street, Lower Boones Ferry Road and a pedestrian path intended to serve a portion of the WLG R-2.5 Residential Townhome zone.

Figure 50.05.005-R: West Sunset Street Typical Street Section A-A

Figure 50.05.005-S: West Sunset Street Typical Section B-B

Figure 50.05.005-T: Lower Boones Ferry Road Typical Section C-C

Figure 50.05.005-U: Pedestrian Walkway Typical Section

Figure 50.05.005-V: Lower Boones Ferry Road Typical Section E-E

Access points on Boones Ferry Road shall be consolidated to allow for simultaneous ingress and egress. This shall require property owners to agree to construct or share in the cost of consolidated driveways either:

At the time of development; or

At such future time when sufficient land area is developed to make driveway consolidation practical.

Streets and Circulation Element of the West Lake Grove Design District, Figure 50.05.005-O, Figure 50.05.005-P, and Figure 50.05.005-R;

The ability to serve the maximum number of land uses and properties;

Traffic safety and operational characteristics; and

Use of more than one property to ensure future consolidated access, such as at property lines.

All driveways shall include safety features such as changes in surface material, signage and lighting to alert drivers to the potential presence of pedestrians.

Pedestrian and Bicycle System.

Continuous and connecting hard-surface pedestrian pathways, including a continuous meandering pathway on both sides of Boones Ferry Road, a minimum of eight ft. in width and accessible to the public, shall be provided throughout the West Lake Grove Design District (see Figure 50.05.005-Q: Street Pedestrian Facilities and Pathways). The location and radii of the pathway shall ensure a sufficient setback from Boones Ferry Road to allow for amenities such as landscaping, street trees and lighting.

A walkway shall be developed as illustrated by Figures 50.05.005-R and 50.05.005-V to provide continuous pedestrian access to townhomes developed within the north portion of the WLG R-2.5 zone.

Intersection Design.

Intersections shall serve as design focal points through the application of landscaping, surface treatments and lighting. Buildings adjacent within the WLG RMU zone shall orient entrances to intersecting streets to facilitate pedestrian usage.

Figure 50.05.005-W: Building Orientation

Street Lighting.

Street lighting of a consistent style shall be provided within the Design District.

Landscaping Standards.

Purpose: The following landscape treatment requirements reinforce the informal “village” scale and character of Lake Grove.

Landscape Styles.

The following landscape elements shall apply to residential development developed under this section within the Design District:

An asymmetrical composition of plant materials around buildings, parking lots, and within required landscaped buffers;

In areas designated for neighborhood commercial use, street trees shall be planted in rows;

Meandering pedestrian pathways; and

Use of trees which grow to a minimum height of 25 ft. and provide a spread of 15 ft. when mature. Native evergreen trees shall be incorporated where there is sufficient growing space per LOC § 50.11.004 – Appendix D, Section 4 (Approved Street Trees for Old Town Neighborhood Design). See LOC § 50.05.005.9.d.vi(2)(b) for tree requirements for parking area landscaping.

Parking Area Landscaping, Buffering, and Screening.

Purpose.

The following standards for overall design themes for parking lot landscapes achieve development of a natural appearing landscape, which utilizes plant materials that are either native or have naturalized to the locale. Off-street parking areas should be designed and landscaped to:

Be buffered and screened from adjoining residential uses;

Ensure that trees are integral to parking lot design to provide for aesthetics and shade;

Be an integral part of a development’s overall site plan, taking into special consideration the requirement to preserve significant vegetation;

Visually mitigate large expanses of paving and allow for alternative surface treatments, such as the use of gravel and other pervious surfaces to preserve existing mature trees; and

Preserve existing substantial trees, especially mature Douglas firs.

Minimum Parking Area Landscaping Standards.

All parking areas shall be landscaped to conform to the following minimum standards:

Trees planted to meet the landscaping requirements for parking lots shall be deciduous shade trees of at least three caliper in. which reach a minimum mature height of at least 25 ft. and have a minimum spread of 20 ft. in order to cast moderate to dense shade.

Where room is available per LOC § 50.11.004 – Appendix D, Section 4 (Approved Street Trees – Old Town Neighborhood Design), large-scale evergreen trees such as western red cedar, western hemlock, California incense cedar, and Douglas fir of at least four ft. in height and which reach a mature height of at least 70 ft. shall be incorporated into the landscape theme.

Exceptions to the requirements of subsection 4.f.ii(2)(a) and (b) of this section may be allowed for circumstances that limit placement of trees such as overhead lines, underground utilities and confined spaces.

Parking areas fronting a driveway, sidewalk, pathway or public street shall be bordered by a minimum five-ft.-wide landscaped area. Within this area, shade trees shall be planted every 30 ft. Planting of shrubs and ground cover and mulching shall occur pursuant to subsection 4.f.ii(2)(d) of this section.

(vii)

All parking area landscaping shall be provided with underground irrigation.

(viii)

Entrances to parking areas shall be specifically indicated through pedestrian-scale signage and lighting.

Site Landscaping.

Generally.

Planting plans shall emphasize development of an informal, natural appearing landscape. This shall be accomplished when a planting plan provides natural groupings of landscape materials. The planting plan shall utilize drought-resistant plant materials that are either native or have naturalized to the locale.

Substantial trees that are preserved as part of an approved development application shall be counted towards fulfillment of this section.

Minimum Site Landscape Requirements.

Minimum landscaping shall be as follows:

Tree Size and Quantity.

Shrub Size and Quantity.

At least 15 shrubs of a minimum two-gallon in size for every 500 sq. ft. of landscaped area. All remaining areas shall be treated with suitable mulch applied to a depth of no less than three in.

Irrigation.

All landscaping shall be provided with underground irrigation.

Street Trees.

One street tree shall be provided within or immediately adjacent to the public right-of-way an average of every 30 linear ft. along the entire development site frontage.

In order to provide for a more natural and informal setting, groupings of trees may be allowed.

Exemptions from Street Tree Requirements.

Exemptions from street tree requirements may be granted by the approval authority, provided the following conditions exist:

Trees would create problems with existing above or underground utilities;

Trees would conflict with clear vision requirements; or

There is inadequate space in which to plant trees.

Preservation of Substantial Trees.

Development plans shall preserve substantial trees to the extent practicable. Substantial trees for the purpose of this section, West Lake Grove Design District, are all trees measuring over 15 in. DBH or more except for invasive, dead or hazardous trees. Where compliance creates conflicts over preservation of different types of substantial trees, preservation of native trees such as Douglas firs is given higher priority than nonnative trees. It is not practical to preserve substantial trees where it would prevent development of public streets, utilities, or permitted land uses.

The approval authority shall have the discretion to allow modifications or require changes to the paving standards, such as the use of pervious surfaces, to preserve mature trees.

A protection and maintenance plan to promote the continued survival of preserved trees shall be submitted for approval in conjunction with any development application.

Incentives for Preservation of Substantial Trees.

For each substantial tree retained on the lot, a 500 sq. ft. landscaping credit can used to reduce the number of parking lot landscaping bulbs per subsection 9.d.vi(2)(b)(iv) of this section and/or the width of the landscaping buffer between a parking facility and the exterior wall of a building per subsection 9.d.vi(2)(b)(vi) of this section, but in no case shall the total amount of landscaping on site be reduced below 10%. A retained tree shall be credited only toward reduction in required landscaping. Sufficient landscape area at the base of each preserved tree shall be provided as recommended by a certified arborist. The decision body shall require as a condition of approval that, where a preserved tree dies or otherwise must be removed, a native evergreen tree, such as a western red cedar, western hemlock or Douglas fir of at least three caliper in., shall be planted.

Buffer Areas.

Adjoining residential land uses shall be buffered and screened from land uses within the Design District as follows:

Separation by Right-of-Way.

Where the boundary of the West Lake Grove Design District is adjacent to a residential zone but separated by a public right-of-way, buffering requirements shall be met by setback requirements.

Landscape Buffering.

One row of three-caliper-in. deciduous trees, spaced no more than 15 ft. apart; or one row of evergreen trees not less than six ft. tall and spaced no more than 15 ft. apart, or a mix of evergreen and deciduous trees planted 15 ft. apart.

Ten shrubs planted a minimum of five ft. from each other which shall attain a height of at least six ft. within three years of planting.

The remaining area shall be planted in ground cover and mulched with a wood, rock or compost mulch to a depth of three in.

Screening.

Screening shall be provided by a six-ft. tall wood or masonry sight-obscuring fence or wall. The unfinished or structural side shall face the use to be screened.

Noise Mitigation.

Noise levels shall not exceed 60 dBA as measured at the property line abutting single-family residential districts. The development shall incorporate noise reduction designs into construction of the development, and/or provide for additional noise reduction procedures to comply with this standard.

Building Design.

Purpose.

The following standards create an aesthetically pleasing building design to achieve:

Buildings that are architecturally designed with a residential character and theme that reflect the architecture types that are historically indigenous to Lake Grove and Lake Oswego.

Elements and Styles.

New buildings in West Lake Grove shall be designed in Arts and Crafts, English Tudor, or Oregon Rustic style, as described and outlined below.

Arts and Crafts Style Required Design Elements.

Structures built according to the Arts and Crafts style shall provide all of the following design elements:

Massing/Composition:

Asymmetrical composition required. This requirement is met when the building form and detailing are not identical on both sides of a central line dividing the facade (see Figure 50.05.005-X).

Multi-Family Residential and Mixed Use Structures: See LOC §§ 50.06.001.7.c.i and 50.06.001.7.c.ii for building articulation requirements.

Roof: Steeply pitched gable with a minimum pitch of 10:12. Dormers are exempt from minimum pitch requirement.

Exterior Building Materials (applied alone or in combination): Stucco; brick; stone; wood (including engineered/composite wood) horizontal lap and/or shingled siding.

Figure 50.05.005-X: Asymmetrical Composition Required

Additional Design Elements: In addition to the required design elements, above, structures built according to the Arts and Crafts style in the Downtown Redevelopment Design District shall provide at least one of the following design elements:

Roof Style: Dormers, or intersecting or multiple gable dormers or roof forms.

Materials: Simplified English vernacular elements such as simulated half-timbered walls.

Windows: Segmental and round arched openings used for accent.

Molding: Minimum 3.5-in. wide trim on doors and windows.

Other Elements: Prominent stone or masonry chimneys.

English Tudor Style Design Required Elements. Structures built according to the English Tudor style in the Downtown Redevelopment Design District shall provide the following design elements:

Massing/Composition:

Asymmetrical composition required. This requirement is met when the building form and detailing are not identical on both sides of a central line dividing the facade (see Figure 50.05.004-X).

Multi-Family Residential and Mixed Use Structures: See LOC §§ 50.06.001.7.c.i and 50.06.001.7.c.ii for building articulation requirements.

Roof: Steeply pitched gable roof with a minimum pitch of 10:12. Dormers are exempt from this requirement.

Exterior Building Materials: Brick, stucco, and/or stone.

Roof Style: Double gable roof forms and/or dormers.

Windows: Leaded glass windows.

Building Materials: Complex brick courses that may include running bond, common bond, Flemish, and English bond patterns; or imitation half-timbering.

Other Elements: Prominent stone or masonry chimneys; tudor-arched (as illustrated in the 1650 North Shore example in LOC § 50.11.001, Appendix A) or round-arched openings, particularly in the entrance door.

Oregon Rustic Required Design Elements.

Structures built according to the Oregon Rustic style in the Downtown Redevelopment Design District shall provide the following design elements:

Massing/Composition:

Asymmetrical composition required. This requirement is met when the building form and detailing are not identical on both sides of a central line dividing the facade (see Figure 50.05.004-X).

Multi-Family Residential and Mixed Use Structures: See LOC §§ 50.06.001.7.c.i and 50.06.001.7.c.ii for building articulation requirements.

Roof Style: Hipped and/or gable roofs (may be used in combination) with a minimum pitch of 5:12.

Eaves: Minimum eaves of 18 in.

Exterior Building Materials (applied alone or in combination): Wood logs (unpeeled or half rounded); stone (including river boulders) on foundations or ground floor; wood (including engineered/composite wood) horizontal lap, board and batten, and/or shingled siding.

Windows: Functional shutters.

Building Materials: Natural, clear wood or semi-transparent finishes (instead of opaque paint).

Other Elements: Prominent stone chimney.

Design Standards.

The following building design standards shall apply to all commercial development which occurs within the West Lake Grove Design District as part of a residential mixed use structure. Variation of detail, form, and siting shall be used to provide visual interest as follows:

Buildings shall use durable and high-quality materials as follows:

Permitted Exterior Materials.

Wood shingle, including engineered/composite wood;

Brick;

Stone-granite or concrete at street level only for WLG Office Commercial;

Horizontal wood lap siding, including engineered/composite wood; and

Stucco and timbers on gable ends only.

Prohibited Exterior Materials

EIFS or other synthetic stucco material;

Metal panels;

Flagstone;

Plywood paneling;

Vinyl cladding;

Mirrored glass;

Standard form concrete block (not including split faced, colored or other block designs, which mimic stone, brick or other masonry); and

(H)

Back-lighted fabrics.

Pitched roofs are required and include pitched gable end or hipped roofs. Small areas of flat roof not visible by the public or from adjoining residential areas are allowed where necessary to accommodate mechanical equipment.

Roof materials shall consist of either cedar shingles or three-tab composite shingles in dark grey, green or black colors. Metal roofs, colored roofs (red, blue or tan colors), and mansard or decorative roof forms are prohibited.

Building entrances shall be connected to a public sidewalk via a hardscaped pedestrian path. Building entries shall be weather protected by structurally integrated awnings or canopies, or recessed behind the front building facade a minimum of two ft.

Building vents and mechanical devices shall be screened from view with materials harmonious to the building. This shall be accomplished by using the same materials and/or colors as used on the building, or by using accent materials and/or colors from the building. Exterior site elements such as storage, trash collection areas and noise-generating equipment shall be located away from abutting residential districts and sight-obscuring fencing and landscaping shall be used to screen and buffer these features.

Rain protection is encouraged throughout the Design District and shall be afforded to the WLG RMU zone pursuant to Figure 50.05.005-Y: Building Rain Protection. Rain protection shall consist of fabric awnings or metal canopies. Vinyl awnings are prohibited.

Figure 50.05.005-Y: Building Rain Protection

xi.

Street and Pathway Lighting.

Street and pathway lighting shall be provided per Figure 50.05.005-Z: Required Street Lighting. Street and parking lot lighting shall consist of historic style fixtures. Cobra-head and contemporary fixtures are prohibited.

Figure 50.05.005-Z: Required Street Lighting

Street Lighting.

Providence style LED streetlight fixtures are required along Boones Ferry. Fixture spacing is required based on a photometric analysis that meets a minimum standard for roadway lighting along a Minor Arterial as specified in Table 50.06.004-6.

Lighting of Sidewalks, Public and Private Pathways, and Accessways.

Shielding of Lighting from Adjoining Properties.

Lighting shall be designed so that light is directed away and screened from adjoining residential properties and/or streets.

xii.

Outdoor Storage.

No outdoor storage is allowed.

xiii.

Stormwater Management.

Storm drainage and surface water management facilities shall be required pursuant to LOC § 50.06.006.3, Stormwater Management Standards, and shall ensure stormwater is not directed onto adjacent residential neighborhoods.

Design Standards for the Residential Mixed Use (WLG RMU) Zone.

Purpose.

The purpose of this zone under these clear and objective standards for housing is to provide for the development of office commercial land uses along with opportunities for attached townhome residential housing. Housing may occur in the same building as office uses. The design character and theme of this district is intended to foster a residential architectural character, site design, and scale. The following standards achieve the creation of viable pedestrian-scale streetscapes and public places inclusive of pedestrian ways, parking areas, interior courtyards and public and private spaces. These areas shall foster the comfort and enjoyment of pedestrians and other users. In addition the streetscape/public place shall provide for "layers" of design elements such as benches and walls, landscaping, street trees and walkways. Windows are numerous and placed at the pedestrian level to provide building occupants with a visual connection to the streetscape/public place.

Required Design Elements.

The following design elements are required in the RMU zone:

Structures shall comply with the building articulation and building facade requirements in LOC § 50.06.001.7.c.i.

Design Standards for the Residential Townhome (WLG R-2.5) Zone.

Purpose.

The purpose of this zone under these clear and objective standards for housing is to provide for the development of medium density townhome residential housing. The design character and theme of this zone is intended to foster a residential architectural character, site design and scale which is harmonious with the surrounding office, commercial and single-family residential districts. Future development in this zone shall achieve through the following standards a viable pedestrian-scale streetscape, or public place which includes pedestrian ways, parking areas, interior courtyards and public and private spaces that foster the comfort and enjoyment of pedestrians and other users.

Design Elements.

Structures shall comply with the building articulation and building facade requirements in LOC §§ 50.06.001.7.c.i and 50.06.001.7.c.ii.

§ 50.05.006 Old Town Neighborhood Design.

Purpose.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2651, Amended, 2-17-2015]

The purpose of these design district standards is to develop a cohesive and orderly relationship between existing and proposed buildings in the Old Town Neighborhood by providing visual connections defined by the predominant architectural characteristics of the Old Town styles (see LOC § 50.05.006.4.b). While a new development may have a distinctive identity, its overall effect should support and reinforce the Old Town styles.

Applicability.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2651, Amended, 2-17-2015]

This standard is applicable to major development or minor development within the R-DD (Design District) zone as described in LOC § 50.07.003.14.a.ii(1).

Where a proposed design does not comply with all clear and objective standards in this article, the applicant may choose a more discretionary level of review and demonstrate that the alternative design equally or better meets the design principles and purpose of the standards as described in the Purpose statements, and in the description of style for each of the Old Town styles in LOC § 50.05.006.4.b.

Design Principles.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2651, Amended, 2-17-2015]

Design Excellence and Architectural Expression: Create aesthetically pleasing architecture that contributes to the sense of place, and neighborhood pride.

High Quality Materials: Utilize building materials that are high quality, visually attractive, compatible, durable, and which add a sense of richness and character to the neighborhood.

Sustainable Architectural Design: Promote sustainable architectural design and practices with durable construction and materials that conserve resources and minimize life cycle costs.

Provide Context Sensitivity: Take into account proximity to existing uses, height and massing relationships, surrounding building character, street widths and functions, open spaces, and view corridors.

Preserve and Enhance Historic Character: New developments should build on historic assets by recognizing the historic architecture and pattern of the development without being historicist.

Required Old Town Style.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2651, Amended, 2-17-2015; Ord. No. 2892, Amended, 6-7-2022; Ord. No. 2909, Amended, 2-7-2023]

Purpose.

The following standards ensure structures reflect the historic architectural styles of the Old Town neighborhood, and that new structures blend with existing neighborhood structures built in these historic styles and located in the Old Town neighborhood. Structures in Old Town shall generally be characterized by simple massing and composition, the use of natural building materials, window and door openings emphasized with trim, and gable and hip roof forms.

Old Town Style.

Structures shall be designed in one of the three following traditional American home building styles, as described and outlined below: Early 1900 Vernacular style (gable-front or gable front-and-wing), Craftsman, or Cape Cod.

Early 1900 Vernacular Style.

Description of Style.

One- or two-story with moderately pitched gable front or gable front with side wing, often with a front porch with shed or hip roof. Vernacular style house forms include square, rectangular, L- or T-plan with intersecting gables. These houses can include symmetrical placement of doors and double-hung sash windows, which are emphasized by window trim. They are typically sided with shiplap horizontal siding and have minimal or simple decorative detailing. Other building materials may include wood shingles or shakes, real brick, or natural stone. On the more complex structures with intersecting gables, the roof ridge of one of the gables is sometimes higher than the other adjacent wing.

Required Design Elements.

Structures built according to the Early 1900 Vernacular style in Old Town shall provide the following design elements:

Building Height: Single-family residential dwellings shall be a maximum of two stories.

Massing/Composition: Single-family residential dwellings shall have square, rectangular, L-shaped, or T-shaped plan (see Figure 50.05.006-A). Building projections illustrated in this figure may extend from any location along the building facade. Porch projections may be appended to any of the above plan types. Multi-family and townhouse structures shall provide additional building articulation, in accordance with standards in LOC § 50.06.001.7.c.i(1).

Roof Style: Gable front, or gable front with side wing (see Figure 50.05.006-B).

Roof Pitch: Minimum 6:12; Maximum 12:12.

Exterior Building Materials: Wood shingles, wood (including engineered/composite wood) horizontal lap siding, real brick, or natural stone are required on all building facades. Thin, adhesive-applied brick and stone veneers are not permitted.

Windows:

Vertically proportioned double or single hung sash windows are required on all street-facing building facades.

Windows shall have a minimum vertical-to-horizontal ratio of 1.5:1.

Single-family and middle housing structures shall provide at least 15% glazing for all street-facing building facades. Glazing may be provided in windows or primary entry doors.

Multi-family structures shall comply with minimum window provision requirements in LOC § 50.06.001.7.c.i, Building Facade Elements.

"Snap on," surface-applied window mullions are prohibited (simulated divided light windows wherein the mullion is integral to the window assembly are permitted).

Molding: Minimum 3.5-in. wide trim is required on all windows and minimum five-in. trim on all doors.

Front Entry:

Single-Family Residential and Middle Housing: A covered front porch measuring a minimum of six ft. deep and eight ft. wide, or one front entry that is recessed at least three ft. behind the front building facade. For cottage clusters, this standard applies to cottages that have no other structure between them and the front lot line.

Multi-Family Residential: Ground floor residential entries shall provide a covered front entry measuring at least six ft. deep, or a front entry that is recessed at least three ft. behind the front building facade.

Figure 50.05.006-A: Early 1900 Vernacular Style Massing/Composition

Figure 50.05.006-B: Early 1900 Vernacular Style Roof Types

Additional Design Elements.

In addition to the required design elements, structures built according to the Early 1900 Vernacular style in Old Town are encouraged to provide at least one of the following design elements:

Offset ridgelines at intersecting gables.

Dormer(s) facing the front or side of the house.

Cape Cod.

Description of Style.

A 20th century Cape Cod is square or rectangular with one or one-and-one-half stories and steeply pitched, side gable roofs, sometimes with an intersecting gable often with dormers and shutters. The siding is usually clapboard or brick. There is often an accentuated front door, with a decorative crown (pediment) supported by pilasters or extended forward and supported by columns to form a small entry porch. Windows typically are with double-hung sashes, usually with multi-pane glazing on one or both sashes, frequently in adjacent pairs.

Required Design Elements.

Structures built according to the Cape Cod style in Old Town shall provide the following required design elements:

Building Height: Single-family residential dwellings shall be a maximum of two stories.

Massing/Composition: Single-family residential and middle housing dwellings shall have square or rectangular plan (see Figure 50.05.006-C). Multi-family structures shall provide additional building articulation, in accordance with standards in LOC §§ 50.06.001.7.c.i and 50.06.001.7.c.ii.

Roof Style: Side gable roof (see Figure 50.05.006-D).

Roof Pitch: Minimum roof pitch 8:12 or greater. Shed roof dormers are exempt from this requirement.

Exterior Building Materials: Wood shingles, wood (including engineered or composite wood) horizontal lap siding, real brick, or natural stone are required on all building facades. Thin, adhesive-applied brick and stone veneers are not permitted.

Windows:

Double or single-hung sash windows with multi-paned glazing on one or both sashes required on all street-facing building facades.

Single-family structures and middle housing shall provide at least 15% glazing for all street-facing building facades. Glazing may be provided in windows or primary entry doors.

Multi-family structures shall comply with minimum window provision requirements in LOC § 50.06.001.7.c.i.(2).

"Snap on," surface-applied window mullions are prohibited (simulated divided light windows wherein the mullion is integral to the window assembly are permitted).

Front Entry: A decorative crown (pediment) above the front entry that is supported by pilasters, or a covered front entry porch measuring at least six ft. deep that is supported by columns measuring at least 5.5 in. wide.

Molding: Minimum 3.5-in. wide trim is required on all windows and minimum five-in. trim on all doors.

Figure 50.05.006-C: Cape Cod Style Massing/Composition

Figure 50.05.006-D: Cape Cod Style Roof Types

Additional Design Elements.

In addition to the required design elements, structures built according to the Cape Cod Style in Old Town are encouraged to provide at least one of the following design elements:

Dormer(s) facing the front or side of the house.

Windows: True divided light, multi-paned windows, in which individual sheets of glazing are provided between mullions (as opposed to simulated divided lights).

Operable window shutters.

Craftsman.

Description of Style.

Low pitched gabled roof (occasionally hip) with wide, overhanging eaves, roof rafters usually exposed, decorative beams or braces commonly added under gables, porches either full or partial width, with roof supported by tapered square columns or pedestals, frequently extended to ground level and frequently composed of stone, clapboard, brick or in combination. Dormers are commonly gabled in twos or threes. Windows are typically large with small panes in the upper sash, and on the front facade are often flanked by two smaller windows. The most common wall cladding is wood clapboard, wood and shingles, with stone and brick used in combination, or for porch post pillars or columns. Stucco is occasionally used as is board and batten.

Required Design Elements.

Structures built according to the Craftsman style in Old Town shall provide the following required design elements:

Building Height: Single-family residential dwellings and middle housing shall be a maximum of two stories.

Massing/Composition: Single-family residential and middle housing dwellings shall have square, rectangular, L-shaped, or T-shaped plans (see Figure 50.05.006-E). Building projections illustrated in L-shaped and T-shaped plans in Figure 50.05.006-A may extend from any location along the building facade. Porch projections may be appended to any of the above plan types. Multi-family structures shall provide additional building articulation in accordance with standards in LOC §§ 50.06.001.7.c.i and 50.06.001.7.c.ii.

Roof Style: Gable or hip roof, or combinations thereof.

Roof Pitch: Minimum 3:12; Maximum 6:12.

Eaves: Minimum two-ft. eaves/overhangs.

Exterior Building Materials: Exterior building materials shall be one or a combination of the following: Wood clapboard siding, wood shingles, real stone or brick, stucco, and/or board and batten.

Windows: Windows shall be single- or double-hung sash windows, casement, awning, or picture windows (or a combination thereof). Windows shall be square or vertically oriented if vertical mullions are used. Single-family structures shall provide a minimum of 15% glazing on all street-facing building facades. Glazing may be provided in windows or primary entry doors.

Front Entry:

Single-Family Residential and Middle Housing: A covered front porch (full or partial width of front elevation) measuring at least six ft. deep and at least half the width of the front facade. Porch roof shall be supported by tapered square, square, clustered square, or pedestal columns, measuring at least 5.5 in. in width at the narrowest point (clustered columns shall provide a minimum overall width of eight in.). For cottage clusters, this standard applies to cottages that have no other structure between them and the front lot line.

Multi-Family Residential: Ground floor residential entries shall provide a covered front entry or a front entry (measuring at least six ft. deep) that is supported by tapered square, square, clustered square, or pedestal columns, or a front entry that is recessed at least three ft. behind the front building facade. Columns shall measure at least 5.5 in. in width at the narrowest point (clustered columns shall provide a minimum overall width of eight in.).

Molding: Minimum 3.5-in. wide trim is required on all windows and minimum five-in. around all doors.

(j)

Multi-family structures shall provide additional building articulation, in accordance with standards in LOC §§ 50.06.001.7.c.i and 50.06.001.7.c.ii.

Figure 50.05.006-E: Craftsman Style Massing/Composition

Figure 50.05.006-F: Craftsman Style Roof Types

Additional Design Elements.

In addition to the required design elements, structures built according to the Craftsman style in Old Town are encouraged to provide some or all of the following design elements:

Exposed roof rafters and brackets.

Dormer(s) facing the primary street frontage.

Trim wider than five in. surrounding front entry.

Side lights at the front entry.

Building Siting and Massing.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2651, Amended, 2-17-2015]

Purpose.

The following standards ensure that new structures use building massing and composition elements characteristic of the Old Town styles, and are compatible with existing neighborhood structures.

Required Massing and Composition.

New buildings shall comply with the building massing and composition, and building height requirements associated with the chosen Old Town Style.

Roof Form and Pitch.

All roofs shall comply with roof style and roof pitch requirements associated with the chosen Old Town style.

Building Design and Materials.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2651, Amended, 2-17-2015]

Purpose.

The following standards ensure new structures reflect the historic building design and materials of the Old Town neighborhood, and that new structures blend with existing neighborhood structures built in these historic styles.

Materials.

Moldings.

New structures shall comply with minimum requirements associated with the Old Town styles.

Building Materials.

New buildings shall comply with requirements for exterior building materials associated with the chosen Old Town style.

Prohibited Building Materials.

The following materials are prohibited:

Grooved, presawn plywood (e.g., T-111).

Metal.

Pressed wood and plywood.

Vinyl siding.

EIFS (fake stucco).

Concrete or other products made to appear like brick or stone, with the exception of concrete foundations.

Diagonally applied or vertically oriented siding materials with the exception of board and batten siding.

Permitted Roofing Materials.

The following roofing materials are permitted:

Composition shingles.

Wood shingles.

Materials which have the appearance of composition or wood shingles.

Clay or cement roof tiles.

Chimneys.

Chimneys shall be real brick or real stone, or boxed-in with the predominant siding material of the building. For the purposes of this standard, the predominant material is that material used in greater quantity than any other material.

Windows.

Sash materials shall be wood, vinyl, or aluminum clad, but not aluminum color. Glass block is prohibited. The general window shape and typical window placement and trim of the Old Town styles shall be followed.

Entrances and Stairs.

Entrances.

New buildings shall have a minimum of one principal entry clearly visible from the street. This entry should be accentuated by characteristic elements of the Old Town styles to make it a visual focal point. Where an entry to an additional unit is not directly visible from the street, its location should be clearly marked by some identifying feature such as an entry trellis, or entry gate with a visible address.

Stairs.

Front entry stairs shall contain no more than seven risers between each landing.

Fencing and Landscaping.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2651, Amended, 2-17-2015]

Purpose.

The following standards ensure fencing and landscaping elements appropriately complement the Old Town Style described in LOC § 50.05.006.4.b.

Fencing.

Fencing is not required. When fencing is included in the front yard, it shall be used in an ornamental or symbolic way rather than as a visual barrier. Fences and gates constructed of metal chain link are prohibited except for:

Temporary fencing used in tree protection measures as required in LOC § 55.08.030, Tree Protection Measures Required, or in construction fencing; and

Vinyl clad metal chain link in the side and rear yards of properties located east of Furnace Street; provided, that the fence does not extend into the front yard setback.

The maximum height of fencing within the front yard setback area shall be four ft. All fencing located within the street-facing setback shall be a minimum of 50% transparent. Retention of existing real stone or real brick walls is encouraged when new development is proposed. Construction of new real stone or real brick walls that are of similar height and character to existing real stone or real brick walls is also encouraged.

All fences or walls over five ft. in height shall incorporate an open design where areas, either at the top of the fence or wall, or throughout the fence or wall surface in a regular pattern, are permeable to light and air. The solid surface area of any fence or wall over five ft. in height shall not exceed 83% of its total area measured in any five-ft. wide section (see LOC § 50.11.003, Appendix C, Fence Types A – C). Trellis and arbors are exempt from the calculation of solid surface area.

Trees and Landscaping.

Mature trees or tree groves shall be preserved and incorporated into the site plan for new development. "Mature" tree means trees that are 18 DBH or greater.

Two trees for every 50 ft. of street frontage are required within ten ft. of the right-of-way as a condition of approval of a new structure. New street trees shall be selected from the City of Lake Oswego Master Plant List, Approved Street Trees – Old Town Neighborhood Design (see LOC § 50.11.004, Appendix D). Existing street trees can be counted in order to comply with this requirement, as long as the City Manager agrees that the existing tree(s) is/ are viable, and the species is including within the City of Lake Oswego Master Plant List, Approved Street Trees – Old Town Neighborhood Design (see LOC § 50.11.004, Appendix D).

Garages.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2651, Amended, 2-17-2015]

If a garage is provided, it shall meet the following siting requirements (see also LOC § 50.11.003, Appendix C, Figure 4):

Minimize the visual impact of garages and parking from the street by:

Facing the garage on a separate street frontage from the front door of the primary structure; or

Setting back the side of the garage facing the street a minimum of five ft. behind the front elevation of the primary structure, when the garage faces the same street frontage; or

Accessing the garage or parking area from the rear of the lot, where feasible.

For single garage openings (one to two cars) not facing the alley, provide a recessed door, decorative trellis or other feature that will create a shadow line giving the perception that the garage opening is recessed. The feature shall be provided across the top and along the width of the garage door(s) and shall be at least 12 in. deep and six ft. tall; or

For multiple garage openings (three or more cars) not facing the alley, only the garage openings for the first two vehicles may occupy the same building plane. Each additional building plane with a garage opening shall be set back by a minimum of two ft. from the previous garage building plane.

Exceptions. The standards in LOC §§ 50.05.006.8.b and 50.05.006.8.c shall not apply in the following circumstances:

Where the average slope of a parcel exceeds 20%;

Where the width of a parcel is less than 50 ft.; or

Where the garage is proposed to be set back at least 60 ft. from the public right-of-way.

Detached garages shall have the same roof pitch and architectural style as the primary structure.

Additional Requirements for Multi-Family Dwellings.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2651, Amended, 2-17-2015; Ord. No. 2892, Amended, 6-7-2022]

Purpose.

The following standard ensures that new multi-family structures, due to their potential size, are visually reduced in scale and relate to nearby residential structures and neighborhood scale in general.

Multi-family structures shall be designed in one of the Old Town styles, as described and illustrated in LOC § 50.05.006.4.b. In addition, multi-family structures shall also be subject to the following requirements:

Multi-family structures shall provide articulated building facades and rooflines in accordance with requirements in LOC § 50.06.001.7.c.i, Standards for Multi-Family and Residential Mixed Use Structures.

All surface parking areas shall provide a landscape buffer measuring a minimum of five ft. wide between the parking area and any public right-of-way or abutting property. The buffer should provide continuous landscaping measuring a minimum of three ft. high. All Multi-family and duplex development must also comply with setback and landscaping requirements in LOC § 50.04.001.2.e.iii.

Parking spaces may not be located within the front setback or between the building and any street frontage.

§ 50.05.007 Lake Grove Village Center Overlay District.

Purpose.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2709, Amended, 5-17-2016]

The purpose of the Lake Grove Village Center Overlay District (LGVC Overlay) is to implement the vision, goals, and policies of the Lake Grove Village Center Plan, a special district plan within the City of Lake Oswego Comprehensive Plan. Implementation is intended to occur through land use requirements, development standards, and incentives that promote an attractive, pedestrian and bicycle friendly, mixed use center. The LGVC Overlay features special standards to address specific conditions and ensure desired features and character as follows:

Village Transition Area standards are intended to provide a transition between the core commercial area of the district and the surrounding residential areas.

Village Commons and Village Gathering Places standards are intended to enhance community identity and provide opportunities for social and cultural engagement.

Design Area standards are intended to ensure building design enhances the pedestrian environment and provides visual interest and appropriate scale suitable to either a street orientation or a campus orientation.

Village Streetfront standards are intended to ensure spatial enclosure and either an urban, transitional or park character along public streets.

Relationship to Other Development Standards.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2709, Amended, 5-17-2016]

Developments subject to this overlay district shall be in accordance with the standards of this section and, except in the event a section is superseded below (in part or whole), all other applicable Lake Oswego codes, standards and regulations.

This overlay district supersedes the following sections in this Code:

Commercial Site Development Limitations, LOC § 50.04.001.4.a;

Medium and High Density Residential Lot Coverage, Yard Setbacks and Buffers, and Height of Structures, Table 50.04.001-3, Residential Medium Density Zones Dimensions and Table 50.04.001-11, Residential High Density Zones Dimensions; and

LOC § 50.06.001.5, Commercial, Industrial, and Multi-Family Development Not Located in the FMU Zone, and Minor Development in the R-DD Zone Standards for Approval.

In the event this section and other Lake Oswego codes, standards and regulations regulate the same matter, the LGVC Overlay standards shall supersede the other Lake Oswego codes, standards, and regulations, even if the LGVC Overlay standards are less restrictive than the other standard.

Figure 50.05.007-A: LGVC Overlay Boundaries

Applicability.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2580, Amended, 9-4-2012; Ord. No. 2644, Amended, 4-7-2015; Ord. No. 2709, Amended, 5-17-2016; Ord. No. 2753, Amended, 11-7-2017; Ord. No. 2803, Amended, 2-19-2019; Ord. No. 2851, Amended, 9-15-2020; Ord. No. 2892, Amended, 6-7-2022]

LGVC Overlay Applicability

The LGVC Overlay applies to all land within the boundaries of the Lake Grove Village Center Plan as identified on the Zoning and Boundary Map, Figure 50.05.007-A: LGVC Overlay Boundaries. The LGVC Overlay contains design standards that apply district-wide, and special design standards that apply only within the subareas shown in Figure 50.05.007-B: Village Transition Areas (VTA) Map and Figure 50.05.007-C: Village Commons and Gathering Places Map.

Figure 50.05.007-B: Village Transition Areas (VTA) Map

Figure 50.05.007-C: Village Commons and Gathering Places Map

Design Area Applicability

Figure 50.05.007-D: Village Character Map, sets forth the areas in which Urban Village Design and Village Campus Design standards apply.

Figure 50.05.007-D: Village Character Map

Applicability by Type of Development

New Construction/Redevelopment.

All standards of this overlay apply to new building(s) and alterations to existing buildings that do not meet the definition of "remodel" in subsection 3.c.ii of this section, and site improvements on any vacant or redeveloped site and to new building(s) and related site improvements on any partially developed or developed site.

Exceptions:

For the construction or redevelopment of single-family and middle housing dwellings, the pedestrian features standards of subsection 5.d of this section do not apply.

For seasonal restaurant enclosures, only the site dimensional standards of subsection 4 of this section apply.

Remodeled Buildings, Building Expansion, and Site Improvements.

The standards of this overlay apply to any remodeling, building expansion, or site improvement project on a partially developed or developed site, except as expressly provided below.

For the purpose of this subsection, "remodel" means less than 50% of the exterior wall is removed or is no longer a necessary and integral structural component of the overall building. Elements of the exterior wall include columns, studs, or similar vertical load-bearing elements and associated footings. However, existing exterior walls supporting a roof that is being modified to accommodate a new floor level or roofline shall continue to be considered necessary and integral structural components, provided the existing wall elements remain in place and provide necessary structural support to the building upon completion of the roofline modifications. For buildings not principally supported by exterior bearing walls, "remodel" means less than 50% of the principal support structure, including columns, structural frames and other similar primary structural elements, is removed or no longer a necessary and integral structural component of the overall building. Alterations that are undertaken solely to bring an existing building into compliance with the Building Code are not counted towards the 50% measurement.

Standards apply only to the structure or to that portion of a structure or site that is being constructed, modified, remodeled, or built upon.

Exception – Boones Ferry Road Constrained Sidewalk: On property along Boones Ferry Road depicted with constrained sidewalk sections on Figure 50.05.007-L (Streetfront Environment Map), public right-of-way shall be dedicated and sidewalks shall be widened as required by the site planning standards of LOC § 50.05.007.6 when:
(a)	750 sq. ft. or more of floor area is demolished and reconstruction occurs of at least 750 sq. ft. of floor area; or
(b)	The existing floor area is increased by 50% or more, or 750 sq. ft., whichever is less; or
(c)	The number of parking spaces is increased by 15% or more.

These can occur either by a single project or cumulative projects within five years from the date of application, but not including projects applied for before October 4, 2012.

Exception – Remodels Under 750 sq. ft.*: The standards for build-to line, minimum street frontage and minimum height at streetfront do not apply to remodels where:

Less than 750 sq. ft. of floor area is demolished and reconstructed, or

Existing floor area is increased by less than 750 sq. ft., or

An outdoor dining/seating area of less than 750 sq. ft. is added between an existing structure and:

The outdoor dining/seating area abuts a restaurant or specialized food store; and

The outdoor dining/seating area is visible from the street; and

The building fronting the outdoor dining/seating area has windows, and doors opening onto the dining/seating area; and

The outdoor dining/seating area incorporates materials and landscaping consistent with the Lake Grove Village Center Design Handbook streetscape design standards; and

No dimension is less than ten ft.; and

A covenant is recorded requiring the outdoor dining/seating area to provide benches, landscaping in pots and an opportunity for public art if there is a change of use from a restaurant or specialized food store.

*The exceptions above apply cumulatively to all remodels and new construction after June 17, 2016.

The following standards apply only when the proposed development occurs within the build-to line, LOC § 50.05.007.4.e.i.

LOC § 50.05.007.4.e, Streetfront Environment;

LOC § 50.05.007.5.d.iv, Rain Protection;

LOC § 50.05.007.5.i.ii, Public Plaza;

LOC § 50.05.007.5.i.iii, Urban Village Standards for Buildings Exceeding 35 Ft. or Two and One-Half Stories;

LOC § 50.05.007.5.i.iv, Storefront Window;

LOC § 50.05.007.6.b.ii(2)(b), Urban Streetfront Environment; and

LOC § 50.05.007.7.d, Transitional Streetfront Environment.

The site development standards in the following sections do not apply to building remodeling projects. The site development standards apply to site improvement projects only if the proposed site improvement includes the abutting street right-of-way:

LOC § 50.05.007.6.b.ii(2), Village Streetfront;

LOC § 50.05.007.6.e.vii, Street Trees; and

LOC § 50.05.007.7.c, Village Commons and Gathering Places.

For lots that are the subject of right-of-way acquisition by the City after December 7, 2017, for the purpose of improvements to Boones Ferry Road, the following standards do not apply to development made in substantial compliance with the site plans approved by City Council per Attachment C of Ordinance No. 2753:

LOC § 50.05.007.6.e.i, Landscaping Minimums;

LOC § 50.05.007.6.e.viii(5)(a), Parking Facility Edge Treatment (sidewalks);

LOC § 50.05.007.6.e.viii(5)(b), Parking Facility Edge Treatment (buildings).

Expiration: This subsection shall not apply to development on a lot after:
(a)	Three years from the date of right-of-way acquisition; and
(b)	One additional year if, prior to the expiration date in subsection (a), the property owner submitted a written request to the City Manager for the extension due to unforeseeable delay in commencement or completion of the site improvement work, and the City Manager approved the extension.

For remodels of single-family dwellings and middle housing, the pedestrian features standards of subsection 5.d of this section do not apply.

Conversions of single-family dwellings that result in the creation of middle housing and are not classified as an expansion or addition are exempted from the standards of this subsection; provided, that the conversion does not increase nonconformance with applicable standards.

For additions to single-family dwellings that result in the creation of middle housing, the standards of this section shall apply only to the newly added and any replaced portion(s) of the structure. Existing nonconforming portions of the structure are exempted from the standards of this section.

Nonconforming Uses.

This section supersedes all of LOC § 50.01.006, Nonconforming Uses, Structures, Lots and Site Features, except the following subsections:

LOC § 50.01.006.1, Nonconforming Defined; Rights Granted;

LOC § 50.01.006.2.a, Continuation of Nonconformity; and

LOC § 50.01.006.6, Discontinuation of Nonconforming Use.

Site Dimensional Standards.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2580, Amended, 9-4-2012; Ord. No. 2651, Amended, 2-17-2015; Ord. No. 2707, Amended, 5-17-2016; Ord. No. 2709, Amended, 5-17-2016; Ord. No. 2732, Amended, 2-21-2017; Ord. No. 2783, Amended, 6-19-2018]

Purpose.

These standards are intended to encourage buildings to be built at a pedestrian scale and create a district that appears and operates like a traditional town or village with commercial and mixed use structures centered on a primary commercial street, Boones Ferry Road. Village Edge and Village Transition Area requirements ensure heights compatible to adjacent residential development and provide a transition in scale, massing and height from the core commercial area to surrounding residential areas.

Structure Height.

Maximum Height Limits.

Maximum height limits are set forth in Table 50.05.007-1 below and in the provisions that follow. Height limits apply at locations identified on Figure 50.05.007-E: Village Height Map and are illustrated in Figure 50.05.007-F: Height Measurement, Figure 50.05.007-G: Step Back Above Second Story, Figure 50.05.007-H: Village Edge Height Limits and Figure 50.05.007-I: Village Transition Height Limits. In case of a conflict, locations identified in Figure 50.05.007-E, Village Height Map, apply.

TABLE 50.05.007-1: VILLAGE CENTER MAXIMUM HEIGHT LIMITS
Applicability		Maximum Height
Base Zone Height Limits
GC, OC, R-0, R-3, R-5, OC/R-3		45 ft.
PF, NC/R-0 *(see NC/R-0 below for residential use):		35 ft.
*NC/R-0 on a lot or lots developed as one project of one-half acre or greater in total area with residential dwellings at a minimum density of 20 units per acre.		45 ft.
Village Edge Height Limits
All Zones	Applies to a distance of 30 ft. to 48 ft. from parcels zoned R-7.5 or R-10 adjacent to the rear property line of the subject property. May apply at the side property line of the subject property adjacent to parcels zoned R-7.5 or R-10 at limited locations identified on Figure50.05.007-E: Village Height Map.	28 ft.
All Zones	Applies at a distance less than 30 ft. from parcels zoned R-7.5 or R-10 adjacent to the rear property line of the subject property.Exceptions shall be allowed for legal fence and walls.	0 ft.
Village Transition Height Limits
Village Transition Areas (VTA)	Applies within VTA 1 at a distance less than 60 ft. from parcels zonedR-7.5 or R-10 and front or side property line of the subject property.	28 ft.
	Applies within VTA 1 at a distance of 60 ft. to 120 ft. from parcelszoned R-7.5 or R-10 and the front or side property line of the subject property.	35 ft.
	Applies within VTA 2 and VTA 3 at a distance up to 120 ft. from parcels zoned R-7.5 or R-10 and the front or side property line of the subject property.	35 ft.

Figure 50.05.007-E: Village Height Map

Figure 50.05.007-F: Height Measurement

Figure 50.05.007-G: Step Back Above Second Story

Figure 50.05.007-H: Village Edge Height Limits

Figure 50.05.007-I: Village Transition Height Limits

Standards for Buildings Exceeding 35 Ft. in Height or Two and One-Half Stories.

Purpose: Ensure taller buildings contribute to the pedestrian environment, support desired village scale and character, and provide for compatible transitions to surrounding low density residential districts.

The following standards apply for any building exceeding 35 ft. in height or two and one-half stories:

Maximum Height at Boones Ferry Road. This standard applies to buildings on lots along Boones Ferry Road. The maximum building height shall not exceed a plane that starts at the opposite street right-of-way and extends up toward the subject property at a 26.6 degree angle.

Public Sidewalk or Pathway. A minimum 12-ft. wide area for a public sidewalk or pathway consistent with Figure 50.05.007-V: Pedestrian Facilities and Streetscape Map shall be provided. This may be accomplished within the public right-of-way or within a public pedestrian access easement on private property adjacent to the right-of-way.

Step Back Above Second Story. At locations designated on the Village Character Map, Figure 50.05.007-D, as Urban Streetfront Environment, or as Transitional Streetfront Environment – Campus Street Orientation and located within ten ft. of property line, stories above the second story shall be stepped back from the adjacent lower story facing a street by a minimum of eight ft. This standard is illustrated on Figure 50.05.007-G: Step Back Above Second Story.

Standards for Buildings Greater Than Three Stories.

Purpose: Ensure that residential uses and additional landscape buffering adjacent to low density residential zones are provided for buildings exceeding three stories.

Any building with more than three stories shall comply with subsection 4.b.ii of this section and the following:

Residential Use Required Above Second Story.

Except for a public garage as identified in Figure 50.05.007-U: Parking Facilities and Access Coordination Map, all stories above the second story shall be used exclusively for residential dwelling units.

Requirements Adjacent to Low Density Residential Zones.

The following standards apply to lots adjacent to low density residential zones:

Screen Views from Upper Stories.

Landscaping shall be provided to screen views of adjacent low density residential property from upper stories. This shall be accomplished when the applicant provides graphic documentation such as site cross-sections or enhanced photos to demonstrate how proposed screening treatment effectively satisfies this requirement with consideration of distance and sight lines to and from adjacent low density residential property windows, decks and outdoor living spaces, and topography. Acceptable screening treatments include but are not limited to trees, shrubs, hedges, canopies, trellises, and a combination of these treatments. Trees, shrubs and hedges provided to satisfy this requirement must be of sufficient size to screen views within five years; trees must be a coniferous species expected to grow a minimum of two ft. per year to maturity. When provided as screening, landscaping shall be bonded for a period of three years.

Preserve Existing Trees and Features.

Existing trees adjacent to low density residential property shall be incorporated in the landscape plan to the extent practicable pursuant to LOC § 50.05.007.6.e, Landscape Requirements. Where preservation of existing trees is not practicable, mitigation trees shall be planted in the landscape buffer abutting the low density residential zone.

Lot Coverage and Floor Area Ratio (FAR).

Floor Area Ratio (FAR).

FAR restrictions do not apply within the LGVC Overlay.

Lot Coverage.

Lot coverage shall be permitted as set forth in Table 50.05.007-2 below and the provisions that follow:

TABLE 50.05.007-2: LOT COVERAGE
Zone Districts and Village Transition Areas	Maximum Lot Coverage Base Case	Maximum Site Coverage with All Site Amenities Provided	Additional Lot Coverage Allowed for Site Amenities
Zone Districts and Village Transition Areas	Maximum Lot Coverage Base Case	Maximum Site Coverage with All Site Amenities Provided	Housing [1]	Sustainability Features
GC	50% [2]	70%	Up to 15%	5%
OC, OC/R-3	30%	60%	Up to 25%	5%
NC/R-0, PF	40%	60%	Up to 15%	5%
R-0, R-3, R-5	40%	50%	NA	10%
VTA 1	40%	60%	Up to 15% [1]	5%
VTA 2	40%	60%	Up to 15% [1]	5%
VTA 3	40%	60%	Up to 15% [1]	5%

Notes:
[1]	Applies only when base zone is GC, OC, NC, NC/R-0, OC/R-3 or PF.
[2]	As identified in Figure 50.05.007-U: Parking Facilities and Access Coordination Map, the maximum lot coverage for a site where a public garage is the primary use is 75%.

Site Amenities – Lot Coverage Bonus.

Site amenities include at least one of the following:

Housing.

One sq. ft. of additional lot coverage up to the maximum amount listed in the housing column of Table 50.05.007-2 is permitted for every two sq. ft. of housing provided on site.

Sustainability Features.

If any two of the following sustainability features are provided, an additional five percent of lot coverage is allowed within GC, NC, OC and PF zones, and an additional ten percent of lot coverage is allowed within R-0, R-3 and R-5 zones:

Provide an ecoroof for 50% or more of the building roof area. As part of the conditions for approval, applicant shall execute a covenant ensuring installation in compliance with applicable building codes, preservation, maintenance, and replacement, if necessary, of the ecoroof.

Reduce heat islands through one or more of the following:

Provide shade (within five years) on at least 30% of nonroof impervious surfaces on the site, including parking lots, walkways, plazas, etc.; or

Place 50% of the parking underground or within a lower level(s) of a structure; or

Use Energy Star Roof compliant, high reflectivity and low emissivity roofing (initial reflectance of at least 0.65 and three-year aged reflectance of at least 0.5 when tested in accordance with ASTM E408) for a minimum of 75% of the roof surface.

Reduce potable water consumption by 50% over conventional means through use of captured rain and recycled site water for site irrigation.

Reduce wastewater and potable water demand by employing strategies that in aggregate use 20% less water than the water use baseline calculated for the building (not including irrigation). Strategies may include use of high efficiency fixtures, dry fixtures such as composting toilets and waterless urinals, and use of treated stormwater and graywater for nonpotable applications.

Gathering Places – Lot Coverage Bonus.

On any lot where a Village Gathering Place is provided, lot coverage may be increased up to five percent in GC and OC zones without a Village Transition Area overlay, not to exceed maximums set forth in Table 50.05.007-2: Lot Coverage.

[Cross-Reference: Village Gathering Places, LOC § 50.05.007.7.c.ii; Easement, LOC § 50.05.007.6.b.ii(2)(f).]

Public Plaza Easements – Lot Coverage Calculation.

Property within a public plaza easement area may be included as lot area for compliance with lot coverage standards when a public plaza meeting the requirements set forth in LOC § 50.05.007.5.i.ii is provided.

Sidewalk or Pathway Easements – Lot Coverage Calculation.

Property within a public easement for required sidewalk or pathway construction and maintenance may be included as lot area for compliance with lot coverage standards.

Yard Setbacks.

Yard setback requirements apply at locations identified on Figure 50.05.007-J: Village Yard Setbacks Map. In case of a conflict with the standards set forth below, locations identified on the Village Yard Setbacks Map apply, with the exception of a public garage.

Figure 50.05.007-J: Village Yard Setbacks Map

Required yard setbacks are set forth in Table 50.05.007-3 below. Village yard setbacks are illustrated in Figure 50.05.007-J: Village Yard Setbacks Map.

TABLE 50.05.007-3: VILLAGE YARD SETBACKS (LOCATIONS IDENTIFIED IN VILLAGE YARD SETBACKS MAP, FIGURE 50.05.007-J)
Applicability		Required Setback (minimum distance)
Base Zone Yard Setbacks
GC, NC/R-0, OC, PF, OC/R-3		Yard adjacent to other than R-7.5 or R-10: None Yard adjacent to R-7.5 or R-10: 25 ft., except: • 10 ft. – surface parking • 30 ft. – public garage as identified in Figure 50.05.007-U: Parking Facilities and Access Coordination Map • 5 ft. from southern line of the commercial area as described in LOC § 50.05.007.6.f.v [ROW north of Sunset St.] (no surface parking in setback)
R-0, R-3, R-5		Front: 10 ft. Rear: 10 ft. Side: exterior wall: 10 ft. Side: interior wall: 0 ft.
Village Transition Yard Setbacks [1]
Village Transition Areas (VTAs) within 120 ft. of an abutting local or collector street¹	VTA 1	Front: 20 ft. Rear: 20 ft. Side: 10 ft. GC, OC, NC, or PF abutting a GC, OC, NC, or PF zone without the VTA overlay: 0 ft.
	VTA 2	Front: 10 ft. Rear: 10 ft. Side: 10 ft. GC, OC, NC, or PF abutting a GC, OC, NC, or PF zone without the VTA overlay: 0 ft.
	VTA 3	Front: 5 ft. Rear: 5 ft. Side: 5 ft. GC, OC, NC, or PF abutting a GC, OC, NC, or PF zone without the VTA overlay: 0 ft.
Park Streetfront Environment Setbacks
Kruse Way and Boones Ferry Road at locations where Park Streetfront Environment setbacks apply.		Front (at street): 20 ft.

Notes:
[1]	No yard setback is required between abutting lots that are subject to the Village Transition Area overlay when both lots are developed under a unified site plan.

[Cross-Reference: Village Character Map, Figure 50.05.007-D; Pedestrian Facilities and Streetscape Map, Figure 50.05.007-V.]

Figure 50.05.007-K: Village Yard Setbacks

Streetfront Environment.

Purpose: Ensure that buildings create a sense of enclosure along public streets.

The following standards apply at locations identified on Figure 50.05.007-L: Streetfront Environment Map.

Figure 50.05.007-L: Streetfront Environment Map

Build-To Line.

Buildings shall be located to comply with the build-to line per Table 50.05.007-4 below, as illustrated in Figure 50.05.007-M: Build-To Line.

Notwithstanding permitted adjustments, buildings shall meet build-to line requirements set forth in Table 50.05.007-4 below. The build-to line standard is illustrated in Figure 50.05.007-M: Build-to Line.

TABLE 50.05.007-4: BUILD-TO LINE STANDARDS
Zone Districts and Village Transition Areas	Frontage Conditions	Build-To Line
GC, NC/R-0, R-0, R-3, OC/R-3	All	10 ft.
VTA 1	All	25 ft.
VTA 2	All	20 ft.
VTA 3	All	10 ft.

Figure 50.05.007-M: Build-To Line

In case of a conflict with yard setback requirements in LOC § 50.05.007.4.d, Yard Setbacks, build-to line standards apply.

If a parcel has more than two street frontages designated Streetfront Environment, the build-to line applies to two frontages only. On through lots where two street frontages are designated Streetfront Environment and only one building is proposed, the build-to line applies to the frontage to which the building is oriented. In all cases, the build-to line shall be met on the street with the highest street classification (i.e., an arterial street over a local street) subject to Streetfront Environment standards as set forth in this section.

The build-to line may be changed as set forth below:

Up to ten ft. to protect any tree with a trunk diameter of at least six in. DBH.

As necessary to accommodate a public plaza meeting the requirements set forth in Building Design, LOC § 50.05.007.5.i.ii, Public Plaza.

As necessary to accommodate a Village Commons or Gathering Place in accordance with LOC § 50.05.007.7.c.

As determined by the City Engineer to preserve existing trees and satisfy requirements set forth in LOC §§ 50.05.007.6.b.i, 50.05.007.6.b.ii(1)(c) through (e), and § 50.05.007.6.b.ii(2)(a) through (f), Site Planning Standards.

[Cross-Reference: Urban Streetfront Environment in the Special Requirements and Standards, LOC § 50.05.007.6.b.ii(2)(b) and Village Character Map, Figure 50.05.007-D.]

Minimum Building Width at Street Frontage

The minimum width of building required at the street shall be determined as a percentage of street frontage designated on the Streetfront Environment Map as follows:

Minimum building width at street frontage is the ratio of A to B expressed as a percentage where: A equals the width of the portion of the building(s) meeting the build-to line requirement, and B equals the length of the front lot line abutting the public right-of-way. Minimum building width at street frontage is illustrated in Figure 50.05.007-N: Minimum Building Width at Street Frontage.

Figure 50.05.007-N: Minimum Building Width at Street Frontage

If a parcel has more than two street frontages designated Streetfront Environment, the minimum building width at street frontage requirement applies to two frontages only. On through lots where two street frontages are designated Streetfront Environment and only one building is proposed, the minimum building width at street frontage requirement applies to the frontage to which the building is oriented. In all cases, the minimum building width at street frontage shall be met on the street with the highest street classification (i.e., an arterial street over a local street) subject to Storefront Environment standards set forth in this section.

Buildings shall meet minimum building width at street frontage requirements set forth in Table 50.05.007-5 below.

TABLE 50.05.007-5: MINIMUM BUILDING WIDTH AT STREET FRONTAGE STANDARDS
Zone Districts and Village Transition Areas (VTA)	Minimum Building Width at Street Frontage	Minimum Building Width at Street Frontage with Shared Access
GC, OC/R-3 – General Commercial	75%	60%
NC/R-0 – Neighborhood Commercial	60%	50%
VTA 1	60%	50%
VTA 2	60%	50%
VTA 3	75%	60%

Exceptions to the minimum building width at street frontage requirement are allowed as follows:

Waived when a public plaza or outdoor dining/seating area is provided in accordance with LOC § 50.05.007.5.i.ii, Public Plaza, or LOC § 50.05.007.3.c.ii, Exception – Remodels Under 750 Sq. Ft., or when the village commons or a gathering place is provided in accordance with LOC § 50.05.007.7.c.

Reduced proportionally where a pedestrian walkway of not less than five ft. in width is provided along a driveway, or a driveway is required pursuant to City standards.

Minimum Height at Streetfront.

Purpose: Ensure buildings contribute to a sense of enclosure along the street by complying with Table 50.05.007-6: Minimum Height at Streetfront Standards. Minimum height standards are illustrated in Figure 50.05.007-O: Minimum Height Standards.

TABLE 50.05.007-6: MINIMUM HEIGHT AT STREETFRONT STANDARDS
Boones Ferry Road frontage	27 ft.
All other street frontages	18 ft.
Note: A minimum of 50% of the building width meeting the build-to requirement shall have a minimum depth of 20 ft. That portion of the building shall meet the minimum height requirements set forth in this table.

[Cross-Reference: Standards set forth in LOC § 50.05.007.4.b.ii(3), Step Back Above Second Story, may apply.]

Figure 50.05.007-O: Minimum Height Standards

Building Design Standards.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2651, Amended, 2-17-2015; Ord. No. 2707, Amended, 5-17-2016; Ord. No. 2709, Amended, 5-17-2016; Ord. No. 2732, Amended, 2-21-2017; Ord. No. 2832, Amended, 1-7-2020; Ord. No. 2909, Amended, 2-7-2023]

Purpose.

The design standards in this section are intended to promote a variety of architectural styles, encourage pedestrian access and use of streets and gathering places, and foster compatibility with existing structures of good design and adjacent residential neighborhoods.

Style and Character.

Design Diversity.

In order to avoid monotony of design in relation to surrounding development and create an eclectic mix of architectural styles and forms, no one dominant architectural style shall be repeated within 500 ft. of the site, as measured from either side of the site within the overlay.

Permitted Architectural Styles.

The permitted architectural style shall be provided in accordance with the Building Design Section of the Lake Grove Village Center Design Handbook. Until the adoption of the Lake Grove Village Center Design Handbook, permitted architectural styles within the district and its subareas are those set forth below as described in Architecture, Oregon Style, by R. Clark (Professional Book Center, Inc., Portland, Oregon, 1983):

Permitted throughout the village center: Italianate, Arts and Crafts/Art Nouveau, Oregon Rustic/National Park, Colonial/Georgian and Cape Cod.

Additional styles permitted in the GC zone without VTA overlay only: Italian Renaissance, Chicago School/Sullivanesque, Art Deco/Modern, and Richardsonian Romanesque.

Additional styles permitted in VTA 1, VTA 2 and VTA 3: Gothic Revival, Northwest Regional, Tudor/Jacobethan.

Additional styles permitted in VTA 1: Classic Revival, Second Empire (no mansard), Prairie School, Bungalow and Craftsman, and Colonial.

Composition.

Building components, such as windows, doors, eaves and parapets shall be of proper proportion and be placed in relationship to one another as determined by the architectural style of the building.

Design Features.

Purpose.

The purpose of these standards is to create building and site designs that include complex massing, balanced composition of architectural forms and elements, and richly textured and visually engaging facades.

Plants and Architecture.

Provide and integrate landscaping with architecture. This shall be accomplished by providing native or naturalized drought-tolerant vegetation in planters, borders, plazas, courtyards and in pots and/or planter boxes.

To help define a building’s base and proportion relationships and create human-scale development, the landscape plan shall incorporate shrubs and tree species that will obtain a mature height of a minimum of 36 in. and 20 ft., respectively.

Complementary Elements.

Design site amenities and building elements according to the permitted architectural style chosen for the building.

Pedestrian Features.

Purpose: These standards facilitate pedestrian access and create viable pedestrian-scale streetscapes and public places inclusive of pedestrian ways, parking areas, interior courtyards and public and private outdoor areas designed to foster the comfort and enjoyment of pedestrians and other users.

Orientation and Entrances.

Buildings shall be located within 30 ft. of a public street. Buildings located on sites adjacent to one or more transit streets shall be located within 30 ft. of at least one transit street.

Buildings within 30 ft. of one or more public streets shall have a primary public entrance directly from at least one public street. Buildings located on sites adjacent to one or more transit streets shall have a primary public entrance directly from at least one transit street.

Exceptions are permitted where locating the building as set forth in this standard is prevented by topographic constraints, existing natural resources, or where, in multi-building complexes, the configuration of the lot prevents locating all buildings within 30 ft. of a public street.

Entries shall be sheltered and emphasized through the use of canopies, overhangs, awnings, or arcades.

Primary public entrances shall be accessed directly from a sidewalk adjacent to a public street or public plaza.

Walkways.

Walkways shall be continuous, direct and free of barriers such as poles or other obstructions.

Windows on Upper Stories.

Upper stories shall provide a minimum of 30% fenestration.

Rain Protection.

Rain protection shall be provided over windows and entrances facing a walkway, plaza or public sidewalk, except that rain protection is not required over ground floor windows on residential units or over required landscaping.

Rain protection shall consist of awnings, canopies or projections extending a minimum of four ft. or half the width of the sidewalk or walkway from face of window wall, whichever is greater, consistent with the architectural style of the proposed building.

Vinyl awnings are prohibited.

Lighting.

Purpose: Exterior building lighting is intended to enhance the pedestrian environment as part of the architectural concept.

Lighting shall comply with the following standards:

Lighting shall be shielded, directed downward, and designed to prevent glare on abutting properties.

Buildings shall provide exterior, pedestrian-oriented building lighting along the ground floor. Along street- and public space-facing ground floors, lighting shall be installed at least every 30 ft. Pedestrian-oriented lighting may include sconce or gooseneck fixtures.

When ground floor architectural bays are provided, exterior ground floor building lighting shall be integrated into the sign frieze and/or into the column/pilaster/post of the ground floor architectural bays, as illustrated in Figure 50.06.001-O.

Roofs.

Flat roofs are permitted only on buildings greater than 20 ft. in height.

[Cross-Reference: Minimum Height at Streetfront, LOC § 50.05.007.4.e.iii.]

Mansard roofs are prohibited.

Buildings shall be designed and constructed with roof angles, overhangs, flashings, and gutters to direct water away from the structure, pedestrian walkways and outdoor public places.

Screening and Sound Buffering.

Mechanical equipment shall be screened from view. Rooftop mechanical equipment shall not be visible from any adjacent street, sidewalk or any open space adjacent to the proposed development. To accomplish this, rooftop equipment shall be screened by either a parapet or architectural screen that is at least as tall as the equipment, or by setting back the equipment from the roof edges sufficient to restrict views of the equipment. Solar or other renewable energy systems are exempt from this screening requirement, provided they meet the requirements in LOC § 50.04.003.4.b. Other mechanical equipment located on site shall also be screened from view. Exception: the equipment may be placed underground.

Buildings and associated noise-generating equipment shall be designed and constructed to limit normal noise levels on adjacent residential property to 60 dBA as measured at the property line.

Materials.

Prohibited Exterior Materials.

The following exterior materials are not allowed:

EIFS or other synthetic stucco material;

Metal and vinyl siding;

T-111 paneling;

Mirrored or tinted glass;

Standard form concrete block (not including split faced, colored or other block designs, which mimic stone, brick or other masonry);

Back-lighted fabrics;

Plastic and fiberglass except when used to replicate styles; or

Corrugated metal.

Roof Materials

Except for flat roofs and ecoroofs, roof materials shall be limited to:

Slate;

Tile;

Shakes or wood shingles; or

Synthetic materials (e.g., concrete, pressed wood products, metal or other materials) that are designed to and do appear to be slate, tile, shake or wood shingles.

Colors

Natural or subdued building color shall be used for expanses of exterior surfaces.

Bright or primary colors for entire walls or roofs shall not be allowed.

Bright accent colors shall be limited to trim.

Special Design Standards within the Village Transition Area.

Purpose: Foster visual interest and compatibility between adjoining buildings through appropriate scale relationships within the Village Transition Area.

The standards below apply within the Village Transition Area:

Design Elements.

One or more of the following design elements shall be featured:

Balconies and/or dormers to provide distinct and separate areas.

Setting back parts of the facade to reduce the mass of large buildings or row of attached dwellings.

Dormers to break up roof expanses.

Facade Design.

Facades shall be broken down both horizontally and vertically through the use of one or more of the following design elements:

Recessed or projected entries and porches.

Combinations of roof gables and eaves facing on public sides of the building(s).

A minimum of 60% of all upper story windows shall be vertically oriented, with a minimum vertical to horizontal ratio of 1.5:1. This requirement applies to individual windows, as opposed to grouped window arrays.

Balconies.

Wall planes offset a minimum depth of two ft.

[Cross-Reference: Village Transition Areas (VTA) Map, Figure 50.05.007-B.]

Urban Village Design Areas.

Purpose: Promote scale and design features appropriate to a street orientation within the Urban Village Design Area.

The following standards apply to lots designated Urban Village on Figure 50.05.007-D: Village Character Map.

Side and Rear Wall Planes.

A side or rear facade greater than 750 sq. ft. in area must be divided into distinct wall planes of 750 sq. ft. or less, resulting in a change in plane surface which projects or recedes at least two ft. from the abutting plane, for a length of at least six ft.

Exception: A public garage, per Figure 50.05.007-U: Parking Facilities and Access Coordination Map, may use vertical landscaping and/or architectural detailing as a facade treatment to create the distinct wall planes. The landscaping or detailing must be a minimum of six ft. in width and create distinct wall area(s) of not more than 750 sq. ft. If vertical landscaping is utilized, the structure must be set back from the property line by a minimum of five ft. to provide sufficient planting area.

Public Plaza.

A public plaza may be provided as set forth below and illustrated in Figure 50.05.007-P: Public Plazas:

The public plaza shall abut the public right-of-way.

Buildings shall front on the public plaza with windows and entrances facing the plaza.

The plaza shall be a minimum of 500 sq. ft. in size and shall have an open area with dimensions adequate for inscribing a 13-ft. diameter circle. No plaza dimension shall be less than ten ft.

The public plaza shall be primarily hardscape and incorporate small unit pavers or concrete scoring based on a maximum two ft. by two ft. unit. Trees and plants shall be provided in planting beds, raised planters or pots. One seat shall be provided for every 75 sq. ft. of plaza area.

Easement: A public easement shall be granted for public plaza use prior to issuance of the permit; the property owner shall furnish documentation of agreement to defend, indemnify and hold harmless the City, its officers and employees, from any claims for damages to property or injury due to the acts or omissions of the owner to the satisfaction of the City Manager. Prior to the issuance of the permit, the property owner shall furnish documentation of general liability insurance of not less than $2,000,000/$3,000,000 (2016 amount) or greater amounts as indexed in manner provided by ORS 30.272(4), unless lesser amounts accepted by the City Manager.

[Cross-Reference: Urban Streetfront Environment, Public Plaza, LOC § 50.05.007.5.i.iv.]

Figure 50.05.007-P: Public Plazas

Urban Village Standards for Buildings Exceeding 35 Ft. or Two and One-Half Stories

Purpose: Ensure taller buildings contribute appropriately to village scale and character.

The following standards apply to buildings exceeding 35 ft. or two and one-half stories at locations designated Urban Village on Figure 50.05.007-D: Village Character Map.

Figure 50.05.007-Q: (Reserved)

Design Features.

A minimum of two of the following design features are required. (Desired design features are to be illustrated in the Building Design section of the Lake Grove Village Center Design Handbook.)

A primary roof with a minimum six-to-12 slope that slopes up and away from any abutting street. Secondary roof forms or architectural features such as dormers or bays may form gables facing the street. This requirement is illustrated in Figure 50.05.007-R: Roof Design.

Figure 50.05.007-R: Roof Design

To create the perception of depth and establish a human scale, upper story facades shall incorporate true windows, transparent balconies or entries to balconies or terraces.

A public plaza meeting the requirements of LOC § 50.05.007.5.i.ii, Public Plaza; provided, that the plaza is not less than 4% of the lot area or 500 sq. ft., whichever is greater.

Storefront Window.

Purpose: These standards provide a storefront appearance on the ground floor and maximize the opportunity for window shopping.

The following standards apply to commercial development at Urban Streetfront Environment locations designated as Storefront Window Boones Ferry Road and Storefront Window Village Cross Street on the Village Character Map, Figure 50.05.007-D: Village Character Map.

Awnings, signs, and lights shall be designed to define first floor retail frontage.

A break in wall planes, awning or canopy construction shall occur at intervals not to exceed 25 ft. as shown in Figure 50.05.007-S: Awnings.

Figure 50.05.007-S: Awnings

A minimum of 65% of the exterior ground floor facade that is at or within the build-to line or abutting public plazas shall be designed as storefront with windows and entry features.

The bottom edge of windows abutting the street frontage and public plazas shall be constructed no more than 30 in. above and no less than 12 in. above grade.

[Cross-Reference: Urban Streetfront Environment, Public Plaza, LOC § 50.05.007.5.i.iv.]

Village Campus Design Areas.

Purpose: Village Campus standards prevent smooth, undifferentiated facades and promote building scale and articulation appropriate for development in a context where buildings are set back from the street. Buildings may be set back from the street to create a desired character as set forth in the Transitional Streetfront Environment and Park Streetfront Environment. Existing site conditions may call for flexibility in building location to preserve natural features including trees, riparian areas, and topography, and to accommodate curved or limited street frontage or large through-lots adjacent to Kruse Way.

The following standards apply on lots designated Village Campus on the Village Character Map, Figure 50.05.007-D: Village Character Map.

Offset Architectural Elements.

Building facades shall be designed to reference the rhythm of structural elements by offsetting bays, projecting columns, recessing windows, or providing a combination of two of these features. The minimum depth for offset structural elements shall be 18 in. for a minimum width of 18 in.

Base, Middle and Top.

Building facades shall be designed to reference a human scale by providing a tripartite facade division with an identifiable base, middle and top.

Significant Shadows.

Building facades shall be designed to create significant shadows. Two or more architectural features exhibiting a minimum depth of 12 in. shall be employed. Architectural features may include, and are not limited to, the following:

Bays,

Columns,

Recessed windows,

Eaves,

Cornices,

Awnings,

Balconies,

Trellises,

Window boxes, and

Articulated building base.

Site Planning Standards.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2580, Amended, 9-4-2012; Ord. No. 2648, Amended, 2-17-2015; Ord. No. 2707, Amended, 5-17-2016; Ord. No. 2709, Amended, 5-17-2016; Ord. No. 2732, Amended, 2-21-2017; Ord. No. 2753, Amended, 11-7-2017; Ord. No. 2783, Amended, 6-19-2018; Ord. No. 2803, Amended, 2-19-2019]

Purpose.

The site planning standards in this section ensure:

Enhanced safety, convenience and attractiveness for walking, transit use and bicycling;

Safe access to businesses and minimizing pedestrian conflicts through driveway consolidation over time;

Redevelopment and growth potential through shared off-street parking arrangements;

Village identity based on the conservation and promotion of large-scale native trees such as Douglas fir and unified landscape and streetscape elements;

Buffering of low density residential neighborhoods from abutting dissimilar uses; and

An attractive, quality environment to foster community pride and attract desired development and uses.

Streets, Circulation, and Pedestrian System.

Purpose: Development shall occur in a manner to ensure the phased construction of the planned circulation and access system and in no circumstance shall prevent the development of a cohesive access and circulation system.

Transportation System Maps.

Streets, alleys, traffic controls, crossings, pedestrian, bike and transit facilities, parking facilities and access shall be provided and developed in accordance with the following:

Figure 50.05.007-T: Street Network Map;

Figure 50.05.007-T: Street Network Map

Figure 50.05.007-U: Parking Facilities and Access Coordination Map;

Figure 50.05.007-U: Parking Facilities and Access Coordination Map

Figure 50.05.007-V: Pedestrian Facilities and Streetscape Map;

Figure 50.05.007-V: Pedestrian Facilities and Streetscape Map

Figure 50.05.007-W: Bike Facilities Map; and

Figure 50.05.007-W: Bike Facilities Map

Figure 50.05.007-X: Transit Map.

Figure 50.05.007-X: Transit Map

Design Standards.

Design treatment for auto, bike and pedestrian facilities shall be in accordance with minimum standards set forth in LOC Article 42.03, Street Design Standards, LOC Article 42.08, Sidewalks, and with the standards below at applicable locations.

Generally Applicable Standards.

The following design standards shall be generally applicable.

Street sections, below, illustrate streetscape standards for locations designated Storefront Window on Boones Ferry Road;

Final street section features, dimensions and required right-of-way to be determined by City Engineer;

Boones Ferry Typical Mid-Block Street Section;

Figure 50.05.007-Y: Boones Ferry Typical Mid-Block Street Section

Boones Ferry Typical Signalized Intersection Street Section; and

Figure 50.05.007-Z: Boones Ferry Typical Signalized Intersection Street Section

Village Cross Street Section at Transition to Boones Ferry Road.

Figure 50.05.007-AA: Village Cross Street Section at Transition to Boones Ferry Road

Map Specific Locations.

The Pedestrian Walkway standard, Figure 50.05.007-BB: Pedestrian Walkway, applies at locations identified on Figure 50.05.007-T: Street Network Map or Figure 50.05.007-V: Pedestrian Facilities and Streetscape Map. Final features, dimensions and required easement or right-of-way to be determined by City Engineer.

Figure 50.05.007-BB: Pedestrian Walkway

Urban Streetfront Environment.

The following standards apply to locations designated Urban Streetfront Environment on the Pedestrian Facilities and Streetscape Map, Figure 50.05.007-V. Final features, dimensions and required right-of-way to be determined by City Engineer.

Storefront Window Streetscape.

Sidewalks and streetscape elements shall be provided as set forth in design standards for Storefront Window Streetscape, Figure 50.05.007-CC, below, and in the Lake Grove Village Center Design Handbook. Until the adoption of the Lake Grove Village Center Design Handbook, equivalent standards of the West Lake Grove Design District shall apply.

Figure 50.05.007-CC: Storefront Window Streetscape

Storefront Sidewalk Zone Requirements

TABLE 50.05.007-7: STOREFRONT SIDEWALK ZONE REQUIREMENTS
Location	Sidewalk Width	Pedestrian Through Zone	Street Tree Stormwater Planting/Furniture Zone
Boones Ferry Road	12 ft.	6 ft. min.	4 ft. – 6 ft.
Boones Ferry Road	9 ft.	5 ft. 6 in. min.	3 ft. 6 in.
Village Cross Street	8 ft.	4 ft. – 5 ft. min.	3 ft. – 4 ft.

Figure 50.05.007-DD: Storefront Sidewalk Zone Requirements

Urban Street Orientation Streetscape.

At street frontage locations designated as Urban Street or Urban Street Meandering Path on the Pedestrian Facilities and Streetscape Map, Figure 50.05.007-V, sidewalks and streetscape elements shall be provided as set forth in design standards for Urban Street Orientation Streetscape, Figure 50.05.007-EE, and the Lake Grove Village Center Design Handbook. Until the adoption of the Lake Grove Village Center Design Handbook, equivalent standards of the West Lake Grove Design District shall apply.

Figure 50.05.007-EE: Urban Street Orientation Streetscape

[Cross-Reference: Urban Streetfront Environment, LOC § 50.05.007.6.b.ii(2)(b).]

Transitional Streetfront Environment.

At street frontage locations designated Campus Street Orientation on the Pedestrian Facilities and Streetscape Map, Figure 50.05.007-V, sidewalks and streetscape elements shall be provided as set forth in design standards for Campus Street Orientation Streetscape, Figure 50.05.007-FF, and the Lake Grove Village Center Design Handbook. Until the adoption of the Lake Grove Village Center Design Handbook, streetscape elements are subject to approval by the review authority.

Figure 50.05.007-FF: Campus Street Orientation Streetscape

[Cross-Reference: Transitional Streetfront Environment, LOC § 50.05.007.7.d.]

Park Streetfront Environment.

The following standards apply to locations designated Park Streetfront Environment on the Pedestrian Facilities and Streetscape Map, Figure 50.05.007-V.

Park Lane Streetscape.

Sidewalk and streetscape elements shall be provided as set forth in design standards for Park Lane Streetscape, Figure 50.05.007-GG, and the Lake Grove Village Center Design Handbook. Until the adoption of the Lake Grove Village Center Design Handbook, streetscape elements are subject to approval by the review authority.

Figure 50.05.007-GG: Park Lane Streetscape

Crossroads Gateway Streetscape.

Sidewalks and streetscape elements shall be provided as set forth in design standards for Crossroads Gateway, Figure 50.05.007-HH, and the Lake Grove Village Center Design Handbook. Until the adoption of the Lake Grove Village Center Design Handbook, streetscape elements are subject to approval by the review authority.

Figure 50.05.007-HH: Crossroads Gateway Streetscape

Campus Woods Streetscape.

Sidewalks and streetscape elements shall be provided as set forth in design standards for Campus Woods Streetscape, Figure 50.05.007-II, and the Lake Grove Village Center Design Handbook. Until the adoption of the Lake Grove Village Center Design Handbook, streetscape elements are subject to approval by the review authority.

Figure 50.05.007-II: Campus Woods Streetscape

[Cross-Reference: Park Streetfront Environment, LOC § 50.05.007.7.e.]

Sidewalks and Pathways.

Continuous and connecting hard-surface pedestrian sidewalks and pathways shall be provided in accordance with the locations, designs and widths identified in this section.

Easement.

A public easement of sufficient size for required sidewalk or pathway construction and maintenance shall be provided as needed.

Driveways.

The number of access points on Boones Ferry Road shall be reduced through the consolidation of driveways as follows:

Driveway spacing shall not be less than 150 ft. when a center median is present. If a center median is not present, driveway spacing shall not be less than 300 ft.

The location of consolidated access shall be determined by the review authority based upon consideration of the following factors:

The Street Network Map, Figure 50.05.007-T;

The Parking Facilities and Access Coordination Map, Figure 50.05.007-U;

The ability to serve multiple lots and unified sites;

Traffic safety and operational characteristics; and

Any approved access master plan for abutting lots and unified sites.

Property owners shall construct the consolidated driveway at the time of development, or execute a recordable covenant to share in the cost of the consolidated driveway at such future time when sufficient land area is developed to make driveway consolidation practical.

The reviewing authority may approve interim individual driveway access to Boones Ferry Road when circumstances on abutting lots prevent driveway consolidation.

When abutting lots develop and the location of the permanent shared access is not the same location as the interim access, the interim driveway shall be abandoned and the area landscaped or otherwise integrated into the design of the subject site under the provisions of this section and other applicable Lake Oswego codes, standards and regulations. Landscaping to be provided within abandoned driveway may be counted toward minimum site landscaping requirements.

Driveway consolidation shall require the execution of reciprocal, nonrevocable easements in a form necessary to ensure unimpeded property access and driveway maintenance.

Exception – Lake Grove Elementary School: This subsection 6.b.ii(2)(g)(vi) applies to the Lake Grove Elementary School site only when the development and uses are not for a public school.

Abutting Parking Facilities Connections.

Driveways and parking aisles shall be designed to create connections to abutting commercially zoned parking facilities within the Lake Grove Village Overlay District when practicable. If a vehicular connection cannot be obtained, an attempt shall be made to obtain a pedestrian connection in an access easement. If the connection reduces landscaping below the minimum required on the abutting property, the area of the connection may be counted towards that requirement as "hardscape." If the abutting property owner is unable or unwilling to provide the vehicular or pedestrian connection, it may be temporarily postponed in accordance with subsection 6.b.ii(2)(i) of this section. The location of access connections shall be based on the Parking Facilities and Access Coordination Map, Figure 50.05.007-U.

Exception – Lake Grove Elementary School: This subsection 6.b.ii(2)(h) applies to the Lake Grove Elementary School site only when the development and uses are not for a public school.

[Cross-Reference: LOC § 50.05.007.6.c, Parking.]

Access Coordination – Access Master Plans.

When shared driveway access to Boones Ferry Road (as required by subsection 6.b.ii(2)(g) of this section) or connections between parking facilities on abutting lots or unified sites (as required by subsection 6.b.ii(2)(h) of this section) are dependent on redevelopment of the abutting property, the required shared access and/or property connections may be temporarily postponed; provided, that an access master plan is approved by the review authority.

Access master plans shall:

Be filed with the site plan for development or redevelopment;

Illustrate how shared access and vehicular connections will be provided with abutting commercially zoned lots or unified sites;

Illustrate how pedestrian connections will be provided with all abutting commercial and medium density or high density zoned property;

Illustrate how shared access and vehicular connections will not interfere with development or redevelopment of abutting lots or unified sites in a manner that is consistent with the broad objectives of the Village Center plan and the overlay zone;

Set forth the timing and conditions under which the access or connection improvements shall be constructed and implemented; and

(F)

Be signed and recorded by the owners of abutting property for which access is being coordinated. In the event that abutting owners refuse to sign the master plan, the applicant shall demonstrate that an effort was made to meet with and coordinate with the abutting owners.

Upon approval of an access master plan by the review authority, development or redevelopment on abutting property shall be designed in accordance with the approved access master plan.

Parking.

Within the Lake Grove Village Center, on-street parking spaces directly abutting a property may be used to satisfy the off-street parking requirements of a business or residential use located on the property.

Driveways and parking aisles shall include pedestrian safety features such as changes in surface material, signage and lighting to alert drivers to the potential presence of pedestrians.

Shared parking may be used per LOC § 50.06.002.2.a.iv(2), but is not required. Access to parking facilities shall be based on the Parking Facilities and Access Coordination Map, Figure 50.05.007-U.

Exception – Lake Grove Elementary School: This subsection 6.c.iii applies to the Lake Grove Elementary School site only when the development and uses are not for a public school.

[Cross-Reference: LOC § 50.05.007.6.b.ii(2)(h), Abutting Parking Facilities Connections, and LOC § 50.05.007.6.b.ii(2)(i), Access Coordination – Access Master Plans.]

Within 500 ft. of a public parking facility, the minimum parking requirement shall be 75% of the total required for each use pursuant to parking requirements in LOC § 50.06.002.

A 10% reduction in required parking shall be allowed for any lots or unified site on which a Village Gathering Place is provided.

For the portion of property acquired by City after October 4, 2012, for the purpose of improvements to Boones Ferry Road right-of-way that are consistent with the Lake Grove Village Center Plan: If the loss of property eliminates parking, as set forth in Attachments D.1 and D.2 of Ordinance No. 2753, the amount of parking lost may be counted toward meeting the parking standard.

On sites designated as Urban Streetfront Environment or Transitional Streetfront Environment on the Village Character Map, Figure 50.05.007-D, no off-street parking shall be permitted between the front of the primary building and the public right-of-way.

Street Lighting.

Cobra-head light fixtures are prohibited.

Lighting shall be shielded, directed downward, and designed to prevent glare.

Street lighting shall be provided as set forth in LOC § 50.05.007.6.b.ii(2), Village Streetfront.

Landscape Requirements.

Purpose: Reinforce village scale and character, buffer dissimilar uses, and ensure a unified streetscape theme and continuity within the Lake Grove Village Center Overlay District as illustrated in the Village Theme section of the Lake Grove Village Center Design Handbook.

Minimum Area Requirement.

Landscaping shall be installed on at least 15% of the development site on which buildings are constructed. This is inclusive of area provided in required village gathering places, landscaping required for parking lots, landscaping within any required buffer areas, and landscaping within public plazas and gathering places. Landscaping may include courtyards, raised beds and planters.

Property within required public easements for sidewalks or pathway construction and maintenance may be counted toward this minimum landscaping requirement.

A reduction in required landscaping equal to the area set aside for a Village Gathering Place is allowed, up to a maximum reduction of 2,500 sq. ft.

A reduction by an amount equal to the area located in a Village Commons if the Village Commons is located on privately owned land with an easement for public use.

Exception: For the portion of property acquired by City after October 4, 2012, for the purpose of improvements to Boones Ferry Road right-of-way that are consistent with the Lake Grove Village Center Plan: The square footage of the lost property, as set forth in Attachments D.1 and D.2 of Ordinance No. 2753, may be counted toward meeting the landscape area standard, up to a maximum reduction of 5%.

Regional Trees and Vegetation.

The landscape plan shall incorporate large-scale native northwest trees such as Douglas fir (Pseudotsuga menziesii), western red cedar (Thuja plicata), western hemlock (Tsuga heterophylla), California incense cedar (Calocedrus decurrens), Oregon white oak (Quercus garryana) or bigleaf maple (Acer macrophyllum). Drought-resistant plant materials that are either native or have naturalized to the locale shall be featured. Nuisance and invasive plants, as identified in LOC § 50.11.004, Appendix D, and the Invasive Tree Species List on file at the Planning Department, are prohibited. Emphasis shall be on informal, natural arrangements of plant materials that, over time, will form groves of trees around buildings, parking lots, and within required landscaped buffers.

Preserved Vegetation Shall Count toward Landscaping Requirements.

Existing vegetation which is preserved as part of an approved development application shall be counted towards fulfillment of this section.

On-Site Tree Requirements.

One tree with a minimum of three caliper in. shall be provided for every 500 sq. ft. of landscaped area. Where site conditions warrant, native trees such as Douglas fir, western red cedar, western hemlock, oak and maple of at least three caliper in. and which reach a mature height of at least 70 ft. shall be planted.

Shrub Requirements.

At least 15 shrubs of a minimum two-gallon in size shall be provided for every 500 sq. ft. of landscaped area. All remaining areas shall be treated with suitable mulch applied to a depth of no less than three in.

Irrigation.

All landscaping shall be provided with appropriate irrigation. Permanent irrigation may not be required if the applicant demonstrates that drought-tolerant plants have been installed and established.

Street Trees.

Location and Spacing.

Street trees shall be provided within or immediately adjacent to the public right-of-way or a public easement at an average of every 30 linear ft. along the entire development site frontage.

Notwithstanding the requirements in subsection 6.e.vii(1)(a) of this section, street trees shall be provided as set forth in subsection 6.b.ii of this section, Design Standards.

Street trees shall be a minimum of three caliper in. when planted and shall be from the approved street tree list unless otherwise provided in this section.

When trees are not planted in a planter strip or landscaped area, tree wells, with approved permeable material that provides a minimum of 12 sq. ft. of surface area, shall be provided for each tree.

Alternative arrangements to a linear street pattern may be implemented as set forth in LOC § 50.05.007.6.b.ii at locations identified in the Pedestrian Facilities and Streetscape Map, Figure 50.05.007-V, or at the discretion of the reviewing authority.

Existing preserved trees within 20 ft. of the public right-of-way shall be counted towards fulfillment of this standard. In order to provide for a more natural and informal setting, groupings of trees may be allowed at the discretion of the reviewing authority.

Exemptions from street tree requirements may be granted by the approval authority provided the following conditions exist:

Trees would create problems with existing above or underground utilities;

Trees would conflict with clear vision requirements; or

There is inadequate space in which to plant trees. However, the approval authority may require the applicant to plant street trees elsewhere within the Village Center in lieu of trees which would normally be required for a specific development. If trees cannot be planted due to inadequate space or line clearance, the commensurate planting of shrubs or small trees more appropriate to the area may be required.

Parking Areas.

Landscape standards for parking areas are as follows:

Natural Features.

Landscaping shall emphasize naturalistic groupings utilizing plant materials that are either native or have naturalized to the locale.

Buffering and Screening.

Landscape design shall buffer and screen off-street parking areas from adjacent residential uses.

Trees.

Trees shall be integral to parking lot design and the overall site plan to provide for aesthetics and shade.

Special consideration shall be taken to preserve substantial trees. Alternative surface treatments and pervious surfaces shall be allowed as appropriate to preserve existing mature trees.

Where adequate room is available, large-scale evergreen trees such as Douglas fir, western red cedar, western hemlock, and incense cedar of at least six to eight ft. in height and which reach a mature height of at least 70 ft. shall be incorporated into the landscape theme.

Exceptions to requirements of (3)(b) and (c) of this section may be allowed for circumstances that limit placement of trees such as overhead lines, underground utilities and confined spaces.

Parking Bays.

Parking areas shall be divided into bays of not more than ten parking spaces. Between and/or at the end of each parking bay there shall be curbed planters of at least five ft. in width. As an alternative to bays, private parking lots of 20 spaces or less may provide a perimeter landscape planter with a minimum width of five ft. if at least 25% of the parking spaces abut a landscaped area.

Each planter shall contain one shade tree of at least three caliper in.

The planter shall also be planted with appropriate ground cover or shrubs at a rate of two two-gallon plants for every 20 sq. ft. of landscape area. The intervening area between plantings shall be mulched with an appropriate material to a minimum depth of three in.

Parking Facility Edge Requirements.

Parking facilities shall be separated from a driveway, sidewalk, or pathway by a minimum five-ft.-wide landscaped area. Within this area, shade trees shall be planted every 30 ft. Low sitting walls, benches and other pedestrian amenities oriented to sidewalks or pathways may be provided in the landscaped area.

Parking facilities shall be separated from the exterior wall of a structure by a minimum of a ten-ft. buffer which may include a pedestrian pathway and/or landscaped strip.

Irrigation.

All parking area landscaping shall be provided with an appropriate irrigation system. Permanent irrigation may not be required if the applicant demonstrates that drought-tolerant plants have been installed and established.

Tree Preservation.

Purpose: Tree preservation shall preserve and promote a wooded character.

The following standards shall apply in addition to LOC Chapter 55 (Tree Code). In case of a conflict, the more restrictive standard applies.

Development plans shall preserve existing mature Douglas fir evergreen trees and other substantial trees except where unavoidable due to compliance with the requirements of this Code. Substantial trees for purposes of this section are trees measuring over 15 in. DBH, or of unique horticultural quality or historic importance. Substantial trees do not include invasive, dead or hazardous trees.

Mitigation.

Mitigation trees shall be planted so that, over time, groves of trees will be established.

Mitigation shall require that trees of the same or approved variety of no less than three caliper in. shall replace trees removed with diameters of six in. DBH or greater.

Exception: Invasive trees do not require mitigation.

If in the City’s determination there is insufficient available space on the subject property, replacement planting shall occur in an open space tract, or City-owned or dedicated property within the Lake Grove Village Center Overlay District subject to the approval of authorized property owners. If in the City’s determination no feasible alternative exists to replant required mitigation, the applicant shall pay into the tree fund as provided in LOC § 55.02.084, Mitigation Required.

Incentives for Preservation of Substantial Trees.

The following incentives shall apply to substantial native trees that are preserved as part of new development or redevelopment:

For each retained native substantial tree, a 500 sq. ft. landscaping credit can be used to reduce the number of parking lot landscaping bulbs per subsection 6.e.viii(4)(a) of this section and/or the width of the landscaping buffer between a parking facility and the exterior wall of a building per subsection 6.e.viii(5)(b) of this section, but in no case shall the total amount of landscaping on site be reduced below 10%. A retained tree shall be credited only toward reduction in required landscaping. Sufficient landscape area at the base of each preserved tree shall be provided as recommended by a certified arborist. The decision body shall require as a condition of approval that where a preserved tree dies or otherwise must be removed, a native evergreen tree, such as a western red cedar, western hemlock or Douglas fir of at least three caliper in., shall be planted.

The ten-ft. build-to line shall be adjusted where compliance with the standard would otherwise necessitate the removal of a substantial native tree or trees; the build-to line in this circumstance shall be increased by the minimum distance necessary, not to exceed 30 ft., to preserve the substantial native tree or trees.

Buffer Area and Screening.

Requirements Adjacent to Low Density Residential.

Where a property within a commercial, R-0 or R-3 zone abuts an R-7.5 or R-10 zone, the following shall be provided:

Minimum ten-ft.-wide landscaped buffer area, except that a public garage per Figure 50.05.007-U: Parking Facilities and Access Coordination Map, or driveway serving the garage, shall be separated by a 15-ft. landscape buffer area; and

A six-ft.-tall wood or masonry sight-obscuring fence or wall along the property line. The unfinished or structural side of the fence shall face the use to be screened.

Permitted in Buffer Area.

A buffer area may only be occupied by utilities, screening and landscaping. No buildings, accessways or parking areas shall be allowed in a buffer area except to allow direct ingress or egress to a site.

Landscape Requirements.

The buffer area shall be landscaped as follows:

One row of two-to three-in. caliper deciduous trees, spaced no more than 15 ft. apart; or one row of evergreen trees not less than six ft. tall and spaced no more than 15 ft. apart; or a mix of evergreen and deciduous trees planted 15 ft. apart.

Shrubs planted at appropriate spacing for the species. Shrubs shall attain a height of at least six ft. within three years of planting.

The remaining area shall be planted in ground cover and mulched with a suitable material to a depth of three in.

Screening Required.

Storage, trash collection areas and equipment shall be oriented away from abutting residential districts and screened by sight-obscuring fencing or landscaping.

Special Buffer Requirements.

The commercial area bounded by Bryant, Boones Ferry, Reese, and the right-of-way north of Sunset shall comply with the following special requirements:

A minimum five-ft. buffer shall be required measured from the southern commercial property line abutting the existing six-ft. right-of-way. Landscaping in accordance with this section shall be provided. Existing landscaping may be used to satisfy this requirement provided it currently provides screening between the commercial and residential uses in accordance with this section.

Residential lots abutting the existing six-ft. right-of-way shall be screened from adjacent commercial uses by a single six-ft.-tall, sight-obscuring fence or wall. The fence or wall shall be located at the abutting property line of the residential zone and within the right-of-way. Fence or wall construction within the right-of-way shall require an encroachment permit as set forth in LOC Article 42.18, Public Rights-of-Way and Easements. Fence design is subject to approval of the City Manager. Gates may be provided in the fence or wall if requested by the abutting residential property owner and approved by the owner of the adjacent commercial property. Locating parallel fences or walls at both commercial and residential lot lines abutting the right-of-way is prohibited.

Noise Mitigation.

Noise Mitigation Plan.

Any development for auto-oriented uses, commercial drive-through uses, restaurants and drinking establishments, or amusement uses shall require a noise mitigation plan.

Noise Reduction Design.

The development proposal shall incorporate noise reduction into development design, and/ or provide for additional noise reduction procedures to be implemented so as not to unreasonably increase ambient residential levels.

[Cross-Reference: LOC § 50.05.007.5.f, Screening and Sound Buffering.]

Special Requirements and Standards.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2709, Amended, 5-17-2016; Ord. No. 2732, Amended, 2-21-2017; Ord. No. 2783, Amended, 6-19-2018; Ord. No. 2832, Amended, 1-7-2020]

Applicability.

The following special requirements and standards apply to specific sites, areas and uses within the Lake Grove Village Center Overlay District:

Village Transition Area (VTA) uses;

Village Commons and Gathering Places;

Village Streetfront.

Village Transition Area Uses.

The following special requirements apply to the areas mapped as Village Transition Areas (VTA) on the Village Transition Area (VTA) Map, Figure 50.05.007-B.

General Allowance.

Except as noted in Table 50.03.002-2, uses allowed in the underlying zone are allowed in the VTA.

Bryant Road/Sunset Drive Site.

The following provisions shall apply to the approximately 0.85-acre property located at the intersection of Bryant Road and Sunset Drive (situs address 16400 Bryant Road). The uses permitted on the site are:

As provided in the underlying PF zone.

The following uses subject to the limitations and requirements below shall be outright permitted uses (without requiring public ownership of the site under the PF zone):

Labor, civic, social, fraternal, charitable uses and community-based uses and organizations including accessory and incidental uses shall be permitted in the existing structure existing as of May 1, 2008; and provided, that the structure is on the Landmark Designation List per LOC § 50.06.009, Historic Preservation.

Educational uses, including an exhibit area related to history and safety, accessory and incidental uses.

A gathering place as identified on the Village Commons and Gathering Places Map, Figure 50.05.007-C, subject to the requirements of LOC § 50.05.007.7.c.i and ii, and preservation of the Heritage Trees Grove designated on the property.

[Cross-Reference: LOC § 50.03.002.3, Commercial, Mixed Use, Industrial and Special Purpose Districts Use Table.]

Village Commons and Gathering Places.

Village Commons.

The Village Commons shall be a public space suitable to host community events such as farmer’s markets, art fairs, holiday events, and other similar activities. It may include any of the following features: a plaza, village square, park, natural area, natural water feature, open space area, or other similar area intended for common use of area residents, employees, customers, and visitors.

The Village Commons Area shall be no less than 10,000 sq. ft. and of sufficient size and dimensions to safely and comfortably accommodate at least 500 persons.

The Village Commons shall not abut or front on Boones Ferry Road.

The Village Commons Area shall be located within 500 ft. of a public parking area and shall have easy access from the parking area.

Locate the Village Commons in close proximity to Hallmark Drive, Three Sisters Creek, and Lake Grove School in such a way as to minimize vehicular impacts to adjacent neighborhoods.

Village Gathering Places.

A Village Gathering Place shall be a small space for common use of residents, employees, customers, or visitors of the site where people can sit, congregate, and enjoy the urban design amenities or natural features of the site. A Village Gathering Place may be publicly or privately owned.

A Village Gathering Place shall be incorporated and integrated into the design and redevelopment of any site identified with a Village Gathering Place symbol on the Village Commons and Gathering Places Map, Figure 50.05.007-C.

On sites with the hardscape symbol, the Village Gathering Place shall include a plaza or courtyard.

On sites with the greenscape symbol, the Village Gathering Place shall be designed as a park or natural area and shall incorporate natural features of the site.

Sites identified as both hardscape and greenscape shall incorporate elements of both types of gathering place.

The minimum size of a Village Gathering Place shall be 7.5% of the site area, except that no more than 2,500 sq. ft. shall be required. No single dimension shall be less than 20 ft.

Up to 20% of the area of a Village Gathering Place may be used for pushcart sales and kiosks; provided, that such uses are located within the hardscape portion of the Village Gathering Place.

[Cross-Reference: LOC § 50.06.002, Parking, and LOC § 50.05.007.6.c, Parking, and landscaping as provided in LOC § 50.05.007.6.e.]

General Standards for Village Commons Area and Village Gathering Places.

The Village Commons Area and Village Gathering Places shall:

Be open and clearly visible from the public right-of-way. If the Village Gathering Place is designed as a courtyard enclosed by buildings, the opening to the public right-of-way shall be satisfied by a pedestrian accessway that is a minimum of 15 ft. wide. In such cases, the accessway shall be designed to be inviting to the public.

Provide seating appropriate for the site, with no fewer than four seats provided.

Be designed to break up hardscape areas with landscaping and trees. For every 2,000 sq. ft. of hardscape or fraction thereof, 200 sq. ft. of landscaping shall be provided.

Include a focal point/design feature such as a clock tower, fountain, monument, sculpture, or similar feature in any hardscape area. Greenscape areas shall be designed to highlight their natural features.

Include lighting consistent with the sidewalk lighting on Boones Ferry Road. Lighting shall be directed away from adjoining residentially zoned neighborhoods.

[Cross-Reference: LOC § 50.05.007.5.d.v, Pedestrian Features, Lighting.]

Transitional Streetfront Environment.

Purpose: Provide flexibility in locating buildings within Campus Design Areas while ensuring a street orientation at key locations; provide a transitional character between the Urban Streetfront Environment and Park Streetfront Environment and require streetscape and landscape elements to ensure spatial enclosure and a pedestrian scale.

These standards apply at street frontage designated Campus Street Orientation on the Village Character Map, Figure 50.05.007-D.

Landscaping.

If a building does not directly abut the sidewalk, landscaping is required between the building and the sidewalk.

Park Streetfront Environment.

Purpose: Ensure trees and streetscape elements create spatial enclosure and desired character along public streets for street frontage designated Park Lane, Crossroads Gateway, or Campus Woods.

These standards apply to lots with street frontage designated Park Lane, Crossroads Gateway, or Campus Woods.

Tree Retention.

No tree with a trunk of at least eight in. DBH located within 30 ft. of the Kruse Way right-of-way or within 20 ft. of any other public street right-of-way shall be removed unless determined to be invasive, dead, or hazardous pursuant to LOC Chapter 55, Trees, or located within area required to provide the separated pathway and retaining wall set forth in subsection 7.e.iii of this section, Crossroads Gateway Special Requirements.

[Cross-Reference: LOC § 50.05.007.6.e.ix, Tree Preservation.]

Park Lane Special Requirements.

Purpose: Ensure a park character and a landscaped edge at street frontage locations where buildings may be set back to preserve existing trees, riparian areas, and topography, and accommodate curved or limited street frontage conditions or development on large through-lots adjacent to Kruse Way.

These standards apply to lots with street frontage designated Park Lane on the Pedestrian Facilities and Streetscape Map, Figure 50.05.007-V.

Edge at Parking Facility.

Parking facilities including both surface lots and structures adjacent to street frontage designated Park Lane shall be separated from the required pathway by a minimum tenft. wide landscaped area, and be visually screened from the adjacent street and pathway by landscaping including evergreen trees and shrubs. Trees and shrubs must be of sufficient size to provide an effective visual screen at the time of planting.

[Cross-Reference: Parking Facility Edge Requirements, LOC § 50.05.007.6.e.viii(5).]

Crossroads Gateway Special Requirements.

Purpose: Protect pedestrians and cyclists from vehicular movement on Kruse Way and Boones Ferry Road; and coordinate existing topography and mature trees with additional fir trees and basalt walls to create a distinctive gateway at a significant intersection.

These standards apply to lots with street frontage designated Crossroads Gateway on the Pedestrian Facilities and Streetscape Map, Figure 50.05.007-V.

Provide additional Douglas fir trees as needed to combine with existing trees to create natural groupings of fir trees.

New direct access, whether permanent or temporary, from Kruse Way is prohibited unless the applicant can demonstrate that, but for the additional Kruse Way access, the traffic impacts associated with the proposed development would result in the other streets accessible to the development, or their intersections, exceeding permitted service level standards for those streets and intersections. In determining the impact upon the other streets accessible to the development, or their intersections, the traffic expected to result from future development accessing the other streets and their intersections shall be taken into account.

Campus Woods Special Requirements.

Purpose: Maintain a wooded character along Kruse Way and provide safe, convenient access for pedestrians, cyclists and transit riders to and within the Village Center and along arterials.

These standards apply to lots with street frontage designated as Campus Woods on the Pedestrian Facilities and Streetscape Map, Figure 50.05.007-V.

Provide additional trees as needed to combine with existing trees to create natural groupings.

Lake Grove Village Center Overlay District Design Variance.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2644, Amended, 4-7-2015]

See LOC § 50.08.003.2.d.

§ 50.05.008 Southwest Overlay District.

Purpose.

[Ord. No. 2706, Repealed and Replaced, 6-7-2016]

The purpose of the standards for the Southwest Overlay District ("District") is to:

Provide for employment and industrial uses that are complementary to the surrounding residential and commercial development to create a positive aesthetic and economic impact on the community.

Increase predictability and clarity about standards for development in the district.

Create a consistent and organized development pattern throughout the district.

Provide a safe, efficient and effective transportation network for cars, freight trucks, bicycles, pedestrians, and transit.

Enhance the streetscape to be an inviting place for pedestrians.

Buffer the adjacent residential areas from industrial activities and land uses.

Applicability.

[Ord. No. 2706, Repealed and Replaced, 6-7-2016]

Except as otherwise expressly provided below, development within the district (shown in Figure 50.05.008-A) is subject to the requirements of this section:

Construction of a new building;

Substantial remodeling of an existing building. For the purposes of this section "substantial remodeling" means:

Exterior remodeling that changes the appearance of more than 50% of any building elevation; or

A building expansion of more than 300 sq. ft., except where the expansion is solely designed and constructed:

To provide for accessibility to the disabled;

To provide for energy conservation (e.g., addition of an entry vestibule);

To provide for screened recycling or trash storage; or

To relocate or screen visible exterior mechanical equipment so that such equipment is no longer visible.

Figure 50.05.008-A: Southwest Overlay District Boundary and Zoning

Relationship to Other Development Standards.

[Ord. No. 2706, Repealed and Replaced, 6-7-2016; Ord. No. 2851, Amended, 9-15-2020]

LOC §§ 50.05.008.4 to 50.05.008.7 supersede LOC § 50.06.001.5, Commercial, Industrial, and Multi-Family Development Standards for Approval, in its entirety for developments subject to this overlay district.

Exceptions:

Residential mixed-use development in the NC and GC-zoned portion of the district shown on Figure 50.05.008-A is subject to the discretionary building design standards in LOC § 50.06.001.5 or clear and objective building design standards in LOC § 50.06.001.7 in lieu of the SWEA standards in LOC § 50.05.008.6, Building Design.

Seasonal restaurant enclosures, except the site dimensional standards of subsection 5 of this section apply.

Conflicting Standards.

The building siting and building design standards apply to all development located within the district whose boundaries are set forth in Figure 50.05.008-A within the IP, NC, and GC zones. In the event this section and other Lake Oswego codes, standards and regulations regulate the same matter, the overlay district standards shall supersede the other Lake Oswego codes, standards, and regulations, even if the overlay district standards are less restrictive than the other standard.

Building Siting.

[Ord. No. 2706, Repealed and Replaced, 6-7-2016]

Building Orientation.

Buildings located on parcels with primary street frontage as set forth in Figure 50.05.008-B: Primary and Secondary Streets shall have their front facade oriented to the primary street. Buildings located at the intersection of two primary streets may orient the front facade to either primary street.

Figure 50.05.008-B: Primary and Secondary Streets

Build-To Line.

Buildings shall meet the requirements as set forth in Table 50.05.008-1 below:

TABLE 50.05.008-1: BUILD-TO LINE STANDARDS
Zones	Build-To Line
GC	20 ft.
IP	20 ft.
NC	10 ft.

If a parcel is located on a corner, the build-to lines shall apply to both frontages.

On through lots where only one building is proposed, the build-to line applies to one frontage only. Where the through lot is along a primary street, the build-to line shall apply to the primary street.

The distance of the build-to line from the front property line may be changed as set forth below. The distance shall be the minimum necessary to accommodate the site/development conditions in subsections 4.b.iv(1) and (2) of this section.

As necessary to preserve existing trees.

In multi-building complexes, where the configuration of the lot prevents locating all buildings within the build-to line.

Minimum Street Frontage.

For buildings on primary streets illustrated in Figure 50.05.008-B, the building shall occupy a minimum of 50% of the lot frontage, measured at the build-to line.

For buildings along secondary streets, the building shall occupy a minimum of 30% of the lot frontage, measured at the build-to line.

Figure 50.05.008-C: Building Siting Examples

Dimensional Standards.

[Ord. No. 2706, Repealed and Replaced, 6-7-2016]

Development in the GC, NC and IP zones shall conform to the dimensional standards in Table 50.05.008-2.

TABLE 50.05.008-2: Overlay District Dimensions
	General Commercial (GC)	Neighborhood Commercial (NC)	Industrial Park (IP)
Floor area ratio (FAR)	–	1:1	–
Front setback [1]
Minimum	0 ft.	0 ft.	0 ft.
Side yard setback
Minimum	0 ft.	0 ft.	0 ft.
Rear setback
Minimum	0 ft.	0 ft.	0 ft.
Setbacks adjacent to low- and medium-density residential zones
Structure	25 ft.	25 ft.	20 ft.
Surface parking	10 ft.	10 ft.	10 ft.
Vehicular accessway	5 ft.	5 ft.	5 ft.
Setbacks adjacent to high-density residential zones
Structure	10 ft.	10 ft.	10 ft.
Surface parking	10 ft.	10 ft.	10 ft.
Vehicular accessway	5 ft.	5 ft.	5 ft.
Building height (feet)
Minimum	20 ft.	20 ft.	20 ft.
Maximum	45 ft.	35 ft.	45 ft.
Building height step back from residential zones	Building height at the setback line shall be a maximum of 25 ft. Height shall be stepped back from the setback line such that one additional foot of height is allowed for every additional foot the building is set back.
Lot coverage maximum	50%	85%	100%
Residential density
Minimum	–	20 [2]	N/A
Maximum	N/A	–	N/A

Notes:
[1]	The maximum front setback is established by the build-to line in Table 50.05.008-1.
[2]	Residential development is only permitted if part of a mixed-use development with commercial uses on the ground floor.

Building Design.

[Ord. No. 2706, Repealed and Replaced, 6-7-2016]

Ground Floor Fenestration.

Street-facing facades along primary streets as set forth in Figure 50.05.008-B shall provide windows or doorway openings along a minimum of 50% of the length of the ground floor facade.

Facade Articulation.

Every 50 linear feet of a street-facing facade must incorporate at least one of the following:

Variation in building materials or treatment.

Building offset of at least two feet.

A design feature that reflects the building’s structural system.

Exterior Finish Materials.

Prohibited Exterior Finish Materials.

Except as allowed in subsection 6.c.ii of this section, T-111 type plywood, sheet pressboard and vinyl siding are prohibited.

Limited Exterior Finish Materials.

Foundations may be constructed of plain concrete or plain concrete block for no more than two feet in height as measured from the finished grade to the bottom of the exterior cladding material. Concrete block and plywood may be used as exterior materials for no more than 40% of each building facade.

Where there is an exterior alteration to an existing building, the exterior finish materials on the portion of the building being altered or added must be compatible with the materials of the existing building.

Mixed-Use Buildings within the NC and GC Zones.

For mixed-use development in the NC and GC zones (see Figure 50.05.008-A), the discretionary building design standards in LOC § 50.06.001.5 or clear and objective building design standards in LOC § 50.06.001.7 shall apply in lieu of the SWEA building design standards in LOC § 50.05.008.6.

Entrances.

All primary entries shall be located along the front facade, oriented to the street. On corner lots, primary entrances may face either street, or may be angled at the corner.

Walkway Connection to Building Entrances. A walkway is required from a building’s entrance to a public street. The walkway must be at least six feet wide and be paved with scored concrete or modular paving materials.

Primary entries may be provided for each business or may be shared for multi-tenant buildings.

Pedestrian Protection.

At building entrances, a recessed entry, six-foot-deep awning or canopy or similar weather protection is required. Similar weather protection features shall be required for all facades abutting a public sidewalk. Awnings and canopies shall not be back lit.

Yard Setback Design.

The front yard must provide landscaping, or a hard-surfaced expansion of the pedestrian walkway that connects the building entrance to the street. If a building abuts more than one street or accessway, the required improvements shall be provided in all yards abutting streets and accessways.

Gateway Treatments.

Gateway treatments shall be located at the Jean Way/Boones Ferry Road and Pilkington/Boones Ferry Road intersections to create a visual identity for vehicles and pedestrians entering the district and the city. Gateway materials shall be composed of architectural details, signage, or landscaping that create a strong identity and visual landmark.

Parking and Loading Areas.

[Ord. No. 2706, Repealed and Replaced, 6-7-2016]

Parking Area Location.

Primary Streets.

Parking is not permitted in front of the buildings located along Pilkington Road, Jean Road and Jean Way, as illustrated in Figure 50.05.008-B.

Secondary Streets.

Parking for buildings located along secondary streets may be located in front of the building for those portions of a structure not meeting the minimum street frontage requirement of this overlay district (LOC § 50.05.008.4.c).

Truck Loading Areas.

Applicability.

The standards in this section shall apply to new structures.

Location.

All loading areas shall be located at the side or rear of the building, or be screened so as not to be visible from residential zones.

Maneuvering.

Loading areas shall be designed so that vehicles enter and exit the site in a forward motion. All maneuvers associated with parking and loading shall occur on site.

§ 50.05.009 Greenway Management Overlay District.

Purpose, Application.

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

Purpose.

The purpose of the Greenway Management Overlay District (GM) is the following:

To protect the natural, scenic and recreational qualities of lands along the Willamette River in Lake Oswego;

To preserve and allow for the restoration of historical sites, structures, and facilities along the Willamette River;

To implement the goals and policies of the State of Oregon’s Willamette River Greenway Program;

To implement the goals and policies of the Lake Oswego Comprehensive Plan Greenway Element;

To establish standards and requirements for the use of lands within the Willamette River Greenway Compatibility Review Boundary in Lake Oswego; and

To provide for the review of any intensification of use, change of use, or development on properties located within the GM Overlay as indicated on the official zoning map. Uses of the land and water not compatible with the Greenway and not provided for in this Code shall be prohibited within the GM Overlay.

Overlay Boundary.

This overlay district establishes the Greenway Compatibility Review Boundary and is intended to superimpose additional protection and regulation upon property which may alter the requirements of the underlying zone. The boundary extends 150 ft. shoreward from the ordinary low waterline of the Willamette River and to those areas within the river that are within the Lake Oswego City limits.

Applicability.

The provisions of this section shall apply to lands in the Willamette River Greenway Compatibility Review Boundaries in Lake Oswego in addition to any standards and requirements of the primary zoning district to which this designation may apply. Nothing in this section shall be construed to constitute a waiver or suspension of the provisions of any zoning district within the GM Overlay. In the case of any conflict between the provisions of this section and the provisions of any other section of this Code, the more restrictive provisions shall apply.

Development Review.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2526, Amended, 12-18-2012]

All development within the GM Overlay District shall be reviewed pursuant to the provisions in LOC Article 50.07, Review and Approval Procedures.

In reviewing applications for development in the GM Overlay District, in addition to the requirements of LOC Article 50.07, Review and Approval Procedures, and except as provided in subsection 2.c of this section, the reviewing authority shall determine that the following criteria are met:

Significant fish and wildlife habitats will be protected.

Significant natural and scenic areas, viewpoints and vistas will be protected.

Areas of ecological, scientific, historical or archeological significance will be protected to the maximum extent possible.

The quality of the air and water in and adjacent to the Willamette River will be maintained in the development, change of use, or intensification of use of land within the GM Overlay.

Areas of annual flooding, water areas, and wetlands will be retained in their natural state to the maximum possible extent to provide for water retention, overflow and other natural functions as well as protect the health, safety and welfare of the public. Areas subject to the 100-year flood level are also regulated by the floodplain standard.

The natural vegetative fringe shall be maintained to assure scenic quality, protection of wildlife, protection from erosion and screening of uses from the river.

Areas considered for development, change or intensification of use which have erosion potential will be protected from erosion by means compatible with the natural character of the Greenway.

Any recreational needs proposed by the development will be satisfied in a manner consistent with the natural limitations of the land. Conflicts with adjacent land uses will be minimized.

Public safety and protection of public and private property will be maintained to the maximum extent practicable, especially from vandalism and trespass.

Nonwater related or dependent structures shall be located west of and no closer than 25 ft. to the following setback lines:

For property located from the northern City limits to the northern bank of Oswego Creek (in George Rogers Park), the setback line is the contour elevation line that establishes the Army Corps of Engineers 50-year floodplain line.

For property located in George Rogers Park from the southern bank of Oswego Creek to the southern boundary of the park, the setback line is the western edge of the paved pedestrian path.

For property located from the southern boundary of George Rogers Park to the southern City limits, the setback line is the western right-of-way line for Old River Road.

The Compatibility Review Boundary Line becomes the setback line at any point where the above-described setback lines lie to the west of the Compatibility Review Boundary Line.

It is recognized that all of the criteria listed in subsection 2.b of this section may not be applicable to every site. In some cases, the criteria may conflict on a given site. In such cases, the reviewing authority shall balance the applicable criteria in order to protect the Willamette River, and the resources located along its banks, from the effects of development, to the greatest extent possible.

Permitted Uses.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2526, Amended, 12-18-2012]

The following uses are permitted within the GM district:

Activities to protect, conserve, enhance and maintain scenic, historical and natural uses on public lands.

Parks and other recreational facilities, including those designated in the Comprehensive Plan.

Erosion control operations not requiring a permit from the Division of State Lands.

Tree removal for public safety, erosion control, or personal noncommercial use.

Construction of driveways, modifications of existing structures and the construction or placement of such accessory structures or facilities which are usual and necessary to the use and enjoyment of existing improvements.

Other uses legally existing on December 16, 1982; provided, however, that any change or intensification of such use shall require review as provided by this Code.

Single-family dwellings and accessory structures associated with such dwellings.

Willamette River Greenway Boundary.

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

The Willamette River Greenway Boundary as adopted, and as it may be amended by the Land Conservation and Development Commission, is hereby adopted as the Greenway Boundary in the City of Lake Oswego.

[Cross-Reference: see also underlying base zone.]

§ 50.05.010 Sensitive Lands Overlay Districts.

Overview.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2687, Amended, 12-15-2015]

Purpose.

LOC § 50.05.010 creates the Resource Protection (RP), Resource Conservation (RC), and Habitat Benefit Areas (HBA) overlay districts to:

Protect and conserve wildlife habitat;

Protect and improve water quality;

Control and prevent water pollution for the protection of public health and safety;

Comply with federal laws including the Clean Water Act and the Endangered Species Act;

Comply with State Land Use Goal 5; and

Comply with Metro’s Urban Growth Management Functional Plan.

Comprehensive Plan Map and Zoning Map.

The overlay districts shall be designated on the Comprehensive Plan Map and Zoning Map. The use of aerial photography or field inspection may be necessary to confirm the presence or location of the overlay districts on individual properties.

Applicability.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2658, Amended, 12-16-2014; Ord. No. 2687, Amended, 12-15-2015; Ord. No. 2853, Amended, 11-3-2020; Ord. No. 2909, Amended, 2-7-2023]

This section applies to all lands designated RP or RC on the Sensitive Lands Map, and lands designated HBA where an HBA protection area is established pursuant to LOC § 50.05.010.7.

Sensitive Lands Development Review Required.

Except as provided by subsections 2.b through 2.d of this section, development within:

The RP district, as defined in LOC § 50.05.010.6.b;

The RC district;

The HBA protection area; or

The construction setbacks established in LOC § 50.05.010.6.c.ii(1)(e);

shall be subject to the standards and criteria identified in LOC § 50.07.004.8.c, Environmental Review.

Development permits, mitigation proposals, and adjustments of a district boundary shall be subject to the standards and criteria identified in LOC § 50.07.004.8.c, Environmental Review.

To the degree that any requirement of this section conflicts with a requirement of the underlying zone, this section shall prevail.

Exceptions – General.

The provisions in this section shall not apply to:

A resource located within the boundaries of a development permit approved prior to August 21, 1997, if:

The resource was identified and protected pursuant to regulations in effect at the time of approval; and

The proposed development is in compliance with the conditions protecting the resource imposed at the time of approval. Any modification of the prior approved development permit that would impact or modify any protection measures imposed at the time of original approval shall be subject to the standards and criteria of this section.

Resource mitigation required as a result of violation of this section or pursuant to settlement of a potential enforcement action by the City Manager, subject to City Manager approval of the restoration plan and procedures and the requirements of subsection 2.f of this section.

Routine maintenance and repair of existing legal development, including nonconforming structures and landscaping. (See also specific exception for normal or emergency replacement of utility, below.)

Exceptions – Specific.

The provisions of this section, except for the construction standards in subsection 4.d of this section, shall not apply to:

Replacement or vertical expansion of an existing structure within the footprint of that structure.

Normal or emergency replacement of a utility that is not closer to a protected water feature than the pre-existing utility. Normal replacement of a utility for purposes of this subsection means the replacement is within the same general location or alignment as the pre-existing utility. Replacement of utilities that are within the stream channel or wetland must consider alternative locations; where no practicable alternative location exists, replacement shall occur as described above, subject to the mitigation requirements of subsections 4.e through 4.g of this section. Temporarily disturbed areas must be restored to their original grades and soil permeability, and revegetated with plants identified on the Plant List, pursuant to subsection 4.g of this section.

Alteration, expansion, or replacement of an existing primary dwelling unit where the cumulative total increase in footprint of intrusion since August 21, 1997, is not more than 700 sq. ft.

Development that meets all of the following criteria:

Is not located within a wetland or below the top of the bank or stream;

Does not require a grading permit; and

The cumulative total of all development since August 21, 1997, does not exceed 200 sq. ft.

Fences that are not located within a wetland or flood hazard area, or below top of bank of a stream.

Other development that does not remove any native vegetation or create new permanent structures.

Exceptions for Wetlands, Stream Corridors and Tree Groves Outside of RP or RC District.

Wetlands, stream corridors, and tree groves that are not contained within an RP or RC district, or an HBA protection area established pursuant to LOC § 50.05.010.7 shall not be subject to the regulations of this section. However, an application for development that impacts a stream corridor or wetland may still be subject to state or federal wetland or stream regulations. Notice of such applications will be sent to the Department of State Lands (DSL) or the Army Corps of Engineers.

Notification to Department of State Lands and Army Corps of Engineers.

In addition to the notification required for the particular development by LOC Article 50.07, Review and Approval Procedures, the City shall notify the Oregon Department of State Lands and the Army Corps of Engineers upon receipt of a complete application for development, change or intensification of use within an RP district that impacts a wetland or stream corridor.

Mitigation Required for Violation.

If development occurs in violation of this section, the violator shall not only be subject to any and all enforcement and penalties that can be brought or imposed for violation of this Code, they shall be responsible for mitigating any damage caused by the violation to a protected resource pursuant to LOC § 50.05.010.4.e through g.

Development Review.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2687, Amended, 12-15-2015]

The development review procedures for sensitive lands overlay districts are found in LOC § 50.07.004.8.

Generally Applicable Standards for Lands With RP Districts, RC Districts, and HBA Protection Areas.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2644, Amended, 4-7-2015; Ord. No. 2687, Amended, 12-15-2015; Ord. No. 2853, Amended, 11-3-2020; Ord. No. 2892, Amended, 6-7-2022]

Rebuilding Nonconforming Single-Family or Duplex Dwelling Located in RP District or RP Construction Setback.

Excluding single-family or duplex dwellings subject to the flood management area, if a portion of a nonconforming single-family or duplex dwelling is damaged or destroyed by causes not under the control of the owner (including but not limited to fire, earthquake, flood, landslide, and wind or tree damage, but not including destruction due to lack of structural maintenance by the owner, remodeling, or new construction), and the dwelling was nonconforming due to its location within a resource district or construction setback, the rebuilding or reconstruction of the nonconforming dwelling shall be exempt from the development standards of this section and LOC § 50.01.006, Nonconforming Uses, Structures, Lots and Site Features; and to the other requirements of the Code not within this section, to the extent that the damaged or destroyed portions of the dwelling failed to conform to the referenced sections, above, and to other requirements of this Code not within this section. In order to utilize the rights granted by this subsection a building permit for the reconstruction must be submitted within one year of the date of the damage and construction completed within two years of such date.

Modifications to Dimensional Standards, Setbacks, and Floor Area of the Underlying Zone.

Except as provided in subsections 4.b.iii and iv of this section, an applicant for development subject to environmental review may vary from the lot dimensional standards (building setbacks, lot size, lot width, and lot depth) otherwise applicable without a variance pursuant to LOC Article 50.08, Variances, if the applicant demonstrates that:

Varying from the applicable dimensional standard or standards does not increase the transfer of allowable density from an RP district, or HBA protection area, to non RP or HBA protection area;

The proposed development with the dimensional modification does not have a greater negative impact on natural resources than would occur without the dimensional modification; and

In the case of a planned development, the criteria of LOC § 50.07.007.4.d, Authorization, have been met.

Except as provided in subsections 4.b.iii and iv of this section, an application for development subject to environmental review may transfer floor area from an RP district or HBA protection area (sending area) to adjacent nonresource zoned lands in the same ownership (receiving area), provided the transfer shall not exceed 25% of the floor area otherwise permitted in the receiving area, the sending area shall no longer be eligible for future development, and the applicant shall execute and record a covenant running with the land that effects this transfer and restriction in a form approved by the City Manager.

An application to vary from standards other than the dimensional or floor area standards above, or that does not comply with the criteria contained in subsection 4.b.i of this section, may qualify for a variance under LOC Article 50.08, Variances, or other applicable article or section for modification or exception.

Where the development is not otherwise part of an application subject to minor or major development review, the request for modification to standards shall be reviewed as a minor development.

Density Transfer.

Lot density transfer shall be permitted for land divisions on residentially zoned lands subject to an RP district pursuant to this section, and on lands with an HBA protection area pursuant to this section and LOC § 50.05.010.7.

Density Transfer Ratios.

Lot density (the number of lots otherwise allowable pursuant to the underlying zoning designation but for the RP district) may be transferred from RP district lands to adjacent nonresource zoned lands in the same ownership at a 1:1 ratio.

Lot density (the number of lots otherwise allowable pursuant to the underlying zoning designation) may be transferred from HBA protection area lands to adjacent nonprotected lands in the same ownership at a 1:1 ratio for the portion of the land that is to remain undeveloped (the HBA protection area).

No Future Subdivision or Partition.

When an applicant chooses to transfer lot density or floor area from one area to another area, the area that is protected shall no longer be eligible for future land division or additional floor area. In order to put future property owners on notice, the applicant shall execute and record a covenant running with the land that effects this restriction in a form approved by the City Manager.

Applicability by Housing Type.

Lot density transferred pursuant to this section may not be used to develop a triplex, quadplex, townhouse, or cottage cluster.

Construction Standards.

An owner shall submit a construction plan and narrative to the City Manager prior to any grading, clearing, or construction on a development site which contains an RP or RC district, or where the owner received development review approval under subsection 7 of this section, Habitat Benefit Areas (HBA) Incentives. The construction plan and narrative shall demonstrate that the following standards will be met:

RC protection areas or RC districts where no protection areas have been approved, RP districts, and protection areas within an approved HBA development shall be protected during construction with either:

A minimum four-ft. tall chain link fencing secured with a minimum of four-ft. tall steel posts. The fencing shall be in place and maintained for the duration of construction. In addition, temporary signage shall be placed on the fencing which shall clearly identify the resource district and shall state the penalty for violations of this section; or

Such alternative method to subsection 4.d.i(1) of this section that is approved by the City Manager to demarcate and protect the RCPA or RC/RP district from the adverse effects of construction activity upon the resources.

RC protection boundaries and RP district boundaries, as applicable, shall be located and staked by a qualified professional prior to placement of fencing and other protective measures.

Hazardous Materials. The site shall be inventoried for hazardous materials, debris and noxious materials, and these materials shall be removed prior to the development of the site.

No construction, demolition, grading, or site clearing shall begin until after protective measures, signs, and erosion control measures are in place and have been inspected and approved by the City Manager and all applicable permits have been issued. Fencing and other protective measures shall not be removed, even temporarily, without the permission of the City Manager.

No stockpiling of fill materials, or parking or storage of construction equipment shall be allowed within a resource district.

When transportation facilities, pathways, utilities, or structures are approved within a delineated RP district, they shall be constructed in such a way that a minimum of excavation is required and so that no permanent draining or filling of a stream corridor or wetland will occur.

Surface runoff and other water sources supplying hydrology to an RP district shall be designed and maintained so as not to adversely impact the functions and values of the resource.

Any additional construction requirements imposed as conditions of approval or which may be required by the Development Standards, the Lake Oswego Building Code (LOC Chapter 45) or the Erosion Control Code (LOC Chapter 52).

[Cross-Reference: Mitigation and Avoidance Review Requirements of LOC §§ 50.05.010.4.e through 50.05.010.4.g.]

Mitigation; Purpose.

Mitigation is a way of repairing or compensating for adverse impacts to the functions and values of a natural resource caused by a development. Mitigation may consist of resource area creation, restoration, or enhancement. Some examples of mitigation actions are construction of new wetlands to replace an existing wetland that has been filled, replanting trees, and restoring stream side vegetation where it is disturbed.

This subsection 4.e through LOC § 50.05.010.4.g recognize that true replacement of mature or complex natural resource systems is difficult and can take many years. Mitigation is discouraged by first requiring that avoidance of development siting within the resource be explored. Then, if that is not possible, actions should be taken to minimize damage to the resource. Mitigation ratios are established according to the type of mitigation proposed and the value of the resource. Maintenance and monitoring of the mitigation measures are also required.

Progressive Mitigation Steps Required.

The approving authority shall permit development allowable within an RC protection area or RP district only if it finds that the following progressive steps have been met:

Step #1 Avoidance.

The applicant shall endeavor to avoid detrimental impacts on the resource altogether by providing alternative site plans along with the development proposal demonstrating that alternative designs have been explored. If disturbance of a resource district resource is proposed, the applicant shall first demonstrate that intrusion into the resource district cannot be avoided by a reduction in the size or configuration of the proposed development or by changes in the design that would avoid adverse effects on the resource while still allowing development of the property.

Step #2 Minimization.

If the applicant has endeavored to avoid detrimental impacts on the resource according to subsection 4.f.i of this section, and the reviewing authority finds that detrimental impacts cannot be avoided, then the applicant shall minimize impacts by demonstrating that:

Alternative and significantly different site plans and development locations on the subject site have been considered, and that the alternative chosen is the least environmentally damaging; and

When mitigation is proposed, there will be no net loss of resource area, functions, or values as a result of development actions pursuant to LOC § 50.05.010.4.g.v, Stream Corridors and Tree Groves, or LOC § 50.05.010.4.g.vi, Wetlands, whichever is applicable.

Mitigation Requirements.

Mitigation Plan.

When mitigation is proposed or required as part of a development application, or when required or imposed as a result of a violation of this Code, the applicant shall provide a mitigation plan prepared by a qualified professional that:

For proposed development, demonstrates compliance with LOC § 50.05.010.4.f and this subsection 4.g. For mitigation of violations of this Code, demonstrates compliance with LOC § 50.05.010.4.f.ii(2).

Includes a maintenance and monitoring plan. The maintenance and monitoring plan shall include task timelines and quantitative goals to ensure the viability of the mitigation over time. As part of the monitoring plan, the applicant or other legally responsible agent shall provide an annual report to the City Manager for a one-to three-year period, as determined by the reviewing authority. The report shall be prepared by a qualified professional and shall document site conditions with narrative and pictures.

Provisions for regular maintenance and periodic monitoring of the mitigation site, which shall be subject to review and approval by the City Manager.

Failure to comply with an approved mitigation plan shall be deemed a violation of this Code and a public nuisance and may be enforced pursuant to LOC Articles 34.04, Civil Violations, and 34.08, Nuisances.

Required Permits.

If a Department of State Lands (DSL) wetland permit, Army Corps of Engineers, or other state or federal permit is also required, the City shall not issue a building permit until all applicable state and federal wetland permit approvals have been granted.

Mitigation Complete Prior to Further Action.

Mitigation shall be completed prior to a final inspection, issuance of a final occupancy permit, or acceptance of a public improvement.

Location of Mitigation.

On-site mitigation is required, where possible, taking into consideration the existing natural and human-made features of a site. If the reviewing authority finds that on-site mitigation is not possible, then off-site mitigation shall be permitted according to the following priorities, provided the applicant has the right to plant the area, and the planted area shall be preserved by a conservation easement, a deed restriction, such as a restrictive covenant, or other legal instrument acceptable to the City Manager:

Within the same drainage system (as defined by the Lake Oswego Surface Water Management Plan or the Winterowd Natural Resources Inventory) and within the City limits; or

Outside of the drainage system, but inside the City limits; or

Outside the drainage system and City limits, but within the Lake Oswego Urban Services Boundary.

Stream Corridors and Tree Groves.

When mitigation is proposed, the reviewing authority shall require a minimum mitigation ratio (area of resource district created or enhanced to area of resource district lost) of 1:1 for stream corridor and tree grove resources.

Wetlands.

When wetland mitigation is proposed within an RP district, the reviewing authority shall require minimum mitigation ratios (area of wetland created or enhanced to area of wetland lost) as follows:

Wetlands Creation or Restoration – 2:1 ratio;

Wetlands Enhancement – 3:1 ratio;

Wetlands Creation, Restoration or Enhancement – 5:1 ratio where the wetland is a Class I RP district and is forested or contains a sensitive, threatened or endangered species as identified in an adopted ESEE inventory.

Vegetation Restoration.

Vegetation restoration shall be required to mitigate the loss of plant communities disturbed by development activities. Vegetation shall be required for all mitigation projects, including trees, shrubs, and ground cover plants, as identified on the Plant List. The restoration plants shall be selected to recreate a diverse and healthy plant community which is compatible with the resource.

Planting Standards.

Required Plants and Plant Densities.

All trees, shrubs and ground cover planted for mitigation shall be native plants as defined by the Plant List.

Native trees and shrubs are required to be planted at a rate of five trees and 25 shrubs per every 500 sq. ft. of disturbance area (calculated by dividing the number of sq. ft. of disturbance area by 500, and then multiplying that result times five trees and 25 shrubs, respectively. Fractional results shall be rounded to the nearest whole number; for example, if there will be 330 sq. ft. of disturbance area, then 330 divided by 500 equals 0.66, and 0.66 times five equals 3.3, so three trees must be planted, and 0.66 times 25 equals 16.5, so 17 shrubs must be planted).

Bare ground must be planted or seeded with native grasses or herbs.

Plant Size.

Trees shall be at least one-half in. in caliper, measured at six in. above the ground level for field grown trees or above the soil line for container grown trees (the one-half in. minimum size may be an average caliper measure, recognizing that trees are not uniformly round), unless they are oak or madrone which may be one gallon size. Shrubs shall be in at least a one-gallon container or the equivalent in ball and burlap and shall be at least 12 in. in height.

Plant Spacing.

Trees shall be planted between eight and 12 ft. on-center and shrubs shall be planted between four and five ft. on-center, or clustered in single species groups of no more than four plants, with each cluster planted between eight and ten ft. on center. When planting near existing trees, the dripline of the existing tree shall be the starting point for plant spacing measurements.

Plant Diversity.

Shrubs shall consist of at least two different species. If ten or more trees are planted, no more than 50% of the trees may be of the same genus.

Timing of Plantings.

Except as approved by the City Manager, bare root trees shall be planted between December 1 and February 28, and potted plants between October 15 and April 30. The City Manager may approve a different planting schedule where the applicant has demonstrated that it will provide for the same or greater survival rate of tree and vegetation plantings.

Invasive Vegetation.

Invasive nonnative or noxious vegetation shall be removed within the mitigation area prior to planting.

Tree and Shrub Survival.

Plantings shall be inspected and subject to review and approval by the City Manager according to the schedule approved with the mitigation plan. Plants that die during the monitoring period must be replaced in-kind to the extent necessary to meet the required survival rate specified by the mitigation plan.

Maintenance.

To enhance survival of the mitigation plantings, the following practices are required:

Mulch new plantings a minimum of three in. in depth and 18 in. in diameter to retain moisture and discourage weed growth.

Water new plantings one in. per week, between June 15 and October 15, through the duration of the monitoring period.

Remove or control invasive or noxious vegetation throughout the maintenance period.

Bonding Period.

Except as provided in subsection 4.g.ix(4) of this section, the applicant or property owner of a development subject to an approved mitigation plan, or a person who has a mitigation obligation as a result of a code violation, as applicable, shall post a performance bond or a letter of credit to the City that is equal to 120% of the value of the improvements installed pursuant to the plan for the duration of the required monitoring and maintenance period. The bond shall be posted prior to the issuance of a building permit to ensure the success of mitigation improvements and the survival of plant materials.

The performance bond or the letter of credit will be released by the City after three years upon receiving proof that the mitigation measures have been successfully implemented according to approved plans. Following release of the financial guarantee, the property owner(s) or other designated party (such as a homeowners’ association) shall remain responsible for maintenance of the resource.

If mitigation improvements fail during the bonding period and the responsible party does not replace said improvements after notification by the City, the bond shall be forfeited and shall be used by the City to correct the problem pursuant to the mitigation plan and the conditions of approval.

Property owners of individual tax lots that are lots of record which are zoned for single-family residential or middle housing use, are not large enough to be further divided, and were in existence prior to the date this section becomes effective shall be exempt from these bonding requirements.

Standards Applicable to Resource Conservation (RC) and Habitat Benefit Area (HBA) Overlay Districts.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2526, Amended, 12-18-2012; Ord. No. 2658, Amended, 12-16-2014; Ord. No. 2687, Amended, 12-15-2015; Ord. No. 2783, Amended, 6-19-2018; Ord. No. 2909, Amended, 2-7-2023]

Resource Conservation (RC) and Habitat Benefit Area (HBA) Environmental Review Standards; Applicability and Purpose.

In addition to compliance with LOC § 50.05.010.4.b, Modifications to Dimensional Standards, Setbacks and Floor Area of the Underlying Zone, and LOC § 50.05.010.4.c, Density Transfer, applicants for development which are subject to environmental review pursuant to LOC § 50.05.010.2 on property containing an RC district, and applicants for development on property containing Habitat Benefit Area (HBA) where development incentives apply pursuant to LOC § 50.05.010.7, shall comply with the standards contained in LOC §§ 50.05.010.5.b and 50.05.010.5.c in order to:

Ensure that new development and alterations are compatible with and maintain the functions and values of resources within the RC district or HBA, as applicable; and

Limit the amount of disturbance allowed within the RC district or HBA, as applicable, while permitting reasonable development of property.

RC and HBA District Protection Areas.

The applicant for a major or minor development permit on a property containing an RC district shall designate a minimum of 85% of the RC district after delineation as the "RC protection area (RCPA)."

The reviewing authority may approve a transfer of RC protection area from one RC district to another RC district under common ownership where the two RC districts are located within the same Resource Area as identified by the City of Lake Oswego 1994/95 Natural Resource Inventory and ESEE Analysis;

The reviewing authority may approve an RC protection area that expands the boundary of a delineated RC district where tree planting is proposed as part of a tree grove restoration project.

The applicant for a development that does not otherwise require a major or minor development permit may designate a protection area as part of the application, but such application shall be processed as a minor development.

The applicant for a development utilizing Habitat Benefit Areas (HBA) incentives shall establish a protection area pursuant to the standards in LOC § 50.05.010.7.

Except as otherwise provided in LOC § 50.05.010.5.c, no development shall be permitted within the RC protection area or HBA protection area. The land area outside of these areas may be fully developed pursuant to applicable regulations.

Except as provided in subsection 5.b.v of this section, the location of the RC/HBA protection area shall be based upon the following criteria:

The protection area shall link to abutting RP districts, or abutting RC or RC/HBA protection area lands if such lands are present;

The trees having diameter at breast height (DBH) width greater than the median DBH within an RC district or HBA shall be included in the protection area;

The location of the protection area shall be designed to protect development from blowdown hazards;

The protection area shall protect steep slopes and resources close to water areas from potential erosion and water quality impacts;

The protection area shall protect wildlife habitat and travel corridors;

The protection area shall be designed to protect a contiguous canopy and a clustered configuration that does not fragment lands within an RP or RC district, or an HBA protection area;

The protection area shall consist of viable plant and wildlife communities;

The protection area shall maintain the scenic qualities of the site.

It is recognized that all of the criteria listed in LOC § 50.05.010.5.b.iv may not be applicable to every site. In some cases, the criteria may conflict on a given site. In such cases, the reviewing authority shall prioritize criteria that protect health and safety (e.g., blow-down hazards, erosion prevention, water quality protection, etc.) and then balance the remaining applicable criteria in order to protect the most environmentally significant portion of conservation lands.

Once a protection area has been identified and protected pursuant to this section and approval becomes final, no future reduction in the RC/HBA protection area shall be permitted, unless the property owner files for a modification to the original permit and establishes a new protection area in compliance with subsection 5.b.iv of this section that is at least as large as the previously designated protection area or demonstrates that the protection area as originally designated has degraded through natural causes pursuant to LOC § 50.07.004.8.a, RP/RC district overlay procedures.

The City Manager shall note the establishment of a protection area on the Sensitive Lands Map, along with a reference to the application in which the protection area was created.

In order to put property owners and occupants on notice, the applicant shall execute and record a notice of development restriction running with the land that references the protection area and the Planning Department application file in which the protection area was established.

RC District and HBA District Area Development Standards.

Except as provided in subsection 5.c.iii(8), Landscaping, of this section, a criterion applicable to the RC protection area shall apply to the entire RC district if no RC protection area has been established. Within an HBA the criterion applies where an HBA protection area is established pursuant to LOC § 50.05.010.7.

In addition to compliance with any other applicable regulations, the following development uses and activities on properties containing an RC district or HBA protection area are permitted within the RC district or HBA protection area, subject to the standards set forth in subsection 5.c.iii of this section:

Streets, driveways, lake trams, and public transportation facilities;

New structures, accessory structures, decks, parking areas, and active use recreational facilities;

Additions to existing structures and to nonconforming structures;

Temporary construction activities;

Passive use recreational facilities;

Utilities;

Resource enhancement projects;

Landscaping, new and existing;

Tree removal; and

Limited hazardous materials storage.

Development Standards.

If the proposed types of development are permitted within the RC district or HBA protection area, the development activity, use or activity shall comply with the following standards, and the construction standards set forth in LOC § 50.05.010.4.d:

Streets, Driveways, Lake Trams, and Public Transportation Facilities.

Driveways shall be set back at least five ft. from, and shall not be placed through, an RC or HBA protection area unless there is no other practicable method of access to the buildable areas of property served by the driveway.

Public streets, trams to access Oswego Lake, and public transportation facilities shall be set back at least five ft. from, and shall not be placed in or through, the protection area unless:

For public or private streets, there is no other practicable method of providing for access to buildable parcels.

For public transportation facilities, there is no other suitable location nearby for siting the public transportation facilities which would provide equal or greater public use of the public transportation facilities.

For trams to access Oswego Lake, there is no other practicable method of providing for access to Oswego Lake.

For regional, community connector, or local access trails (such as those designated in the City’s or another agency’s Transportation System Plan), the trail width is no greater than 12 ft. Dimensions for other trails shall be determined using the progressive mitigation steps in LOC § 50.05.010.4.f. See also LOC § 50.05.010.5.c.iii(5), Passive Use Recreational Facilities in Protection Area.

If allowed within the protection area and five-ft. setback pursuant to this criterion, the applicant shall comply with the following requirements:

Streets, private streets, driveways and bridges shall be the minimum width necessary while also allowing for safe passage of vehicles and/or pedestrians;

The amount of disturbance for driveways shall be minimized through use of shared access for abutting lots and access through easements for adjacent lots;

If applicable, the applicant shall plan for future extension of shared access, access easements, or private streets to access potential new building sites in order to avoid subsequent encroachments into the protection area and five-ft. setback area;

The applicant shall mitigate for loss of protection area by increasing the size of the protection area, where feasible, to compensate for the area of the RC or HBA protection area used for the public street, driveway, or public transportation facility, or by complying with the mitigation requirements in LOC § 50.05.010.4.e through g.

New Structures, Accessory Structures, Decks, Parking Areas, Active Use Recreational Facilities.

New structures, parking areas, and active use recreational facilities shall be set back at least five ft. from the protection area boundary in order to protect tree roots. Accessory structures, decks, and similar structures meeting the criteria of LOC § 50.03.004.2.b.i(1) through (3), setback reduction for accessory structures, and LOC § 50.04.003.8.b, Patios and Decks, are permitted within the five-ft. setback area so long as they are placed no closer than three ft. from the protection area boundary.

Additions to Existing Structures and to Nonconforming Structures.

Additions to existing structures or to nonconforming structures that are not otherwise exempt under LOC § 50.05.010.2 are permitted provided the addition does not expand the lot coverage in the resource area.

Temporary Construction Activities.

A temporary construction zone, not greater than ten ft. wide, is allowed around the footprint of any structure when necessary for tools, scaffolds, etc. related to the construction, maintenance, or repair of the structure. No storage of materials or supplies may occur within this zone.

Passive Use Recreational Facilities in Protection Area.

Passive use recreational facilities, including soft surface trails and pedestrian bridges, may be located within the RC or HBA protection area. If construction of such facilities disturbs any adjacent land within an RC or HBA protection area, the disturbed area shall be restored and revegetated with plants identified on the Plant List as appropriate for resource landscaping.

Utilities.

Unless exempted by subsection 2.c.ii of this section (normal or emergency replacement of a utility), public or private utilities shall not be placed in or through the RC or HBA protection area unless tunneling under a resource where tree roots can be avoided and the functions and values of a resource will be maintained, or there is no other practicable alternative. If allowed to be located within an RC or HBA protection area, the applicant shall restore and revegetate the disturbed area with plants identified on the Plant List and mitigation shall be required pursuant to subsections 4.e through 4.g of this section. When applying Step 1 (avoidance) of the mitigation process:

Sanitary sewer, water, power, gas, telecommunications, cable and storm drain lines shall be maintained in public rights-of-way and routed around significant resources rather than through a resource wherever possible;

Drainage patterns shall not be altered in the resource area, or if altered, shall be designed and maintained so as not to adversely impact the functions and values of the resource.

Resource Enhancement Projects.

Resource enhancement projects shall remove only invasive, diseased, and hazardous vegetation, as determined by a qualified natural resource professional; vegetation (native or nonnative) may be removed if recommended for removal by a natural resource professional in order to enhance and restore natural resources. Resource enhancement projects shall plant only native vegetation within the RC district or HBA protection area, if one has been established, listed on the Plant List. Any pathways or structures proposed as part of a resource enhancement project shall retain existing trees, unless otherwise recommended for removal by a natural resource professional, in order to enhance and restore natural resources.

Landscaping.

Plants. Plants used for landscaping within a protection area shall:

Be well-suited to local soils and growing conditions; and

Not be dependent on long-term irrigation, which can increase erosion and sedimentation (irrigation necessary for initial establishment of the plants is not considered long-term irrigation).

The City shall maintain a Plant List on file in the Planning Division listing species that comply with this subsection. If a plant is listed in the applicable section of the Plant List for resource landscaping, it shall be presumed to comply with subsection 5.c.iii(7) of this section, Resource Enhancement Projects. The Plant List is not intended to be an exclusive listing of allowable landscaping materials, but shall be used as a guideline and may be updated by the City Manager from time to time as new plants in compliance with this section are discovered or become available. An applicant may utilize a plant not on the Plant List as long as it complies with the criteria in this section.

Removal of vegetation identified on the Plant List as appropriate for resource landscaping is not permitted from a protection area, except as otherwise allowed by this section.

New landscaping shall not include any invasive plants on the City’s Plant List.

Existing Landscaping: Nonconforming formal landscaped area including ornamental gardens and lawns located within a protection area and in existence at the time of the adoption of these standards may be maintained, altered or modified pursuant to LOC § 50.01.006.2, Continuation and Maintenance of Nonconformities. However, a nonconforming landscaped area may not be expanded pursuant to LOC § 50.01.006.3.c.

[Cross-Reference: LOC § 50.05.010.4.g.viii, Planting Standards.]

Tree Removal.

Tree removal on property within the RC district or HBA protection area shall be subject to the following criteria:

Tree removal in an RC district that has no established RC protection area shall be subject to a dead tree removal permit (LOC § 55.02.042.3), a hazard tree removal permit (LOC § 55.02.042.4), or a verification tree removal permit associated with a resource enhancement project (LOC § 55.02.042.7). Tree removal pursuant to LOC § 55.02.080 (Type II) is prohibited in an RC district prior to designation of the protection area.

Tree removal within a designated RC or HBA protection area shall be subject to a dead tree removal permit (LOC § 55.02.042.3), a hazard tree removal permit (LOC § 55.02.042.4), or a verification tree removal permit associated with a resource enhancement project (LOC § 55.02.042.7). Tree removal for development permitted pursuant to this section, excepting subsection 5.c.iii(8) of this section, and this subsection, within a protection area is permitted pursuant to LOC § 55.02.080 (Type II).

Tree removal outside of the protection area shall comply with LOC Chapter 55.

These limitations are not intended to prohibit removal of trees in an emergency pursuant to LOC § 55.02.042.5, Emergency Permit.

[Cross-Reference: Invasive Trees may be removed from RC districts under the exemption in LOC § 50.05.010.2.c.vi ("other development that does not remove any native vegetation..." is exempt from the Sensitive Lands section).]

Limited Hazardous Materials Storage.

Uncontained hazardous material, as defined by the Department of Environment Quality, or development providing for the storage or processing of materials that are flammable, explosive, toxic, or that could be injurious to human, animal, or plant life are prohibited in the RC district and HBA protection area.

Exceptions:

Materials that are typically used for household purposes and in quantities which are normal for household use.

Materials that are stored in a boathouse and are typically used for recreational boat operation and maintenance.

Standards Applicable to RP Districts.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2526, Amended, 12-18-2012; Ord. No. 2658, Amended, 12-16-2014; Ord. No. 2687, Amended, 12-15-2015; Ord. No. 2853, Amended, 11-3-2020; Ord. No. 2892, Amended, 6-7-2022; Ord. No. 2938, Amended, 4-2-2024]

Resource Protection (RP) District Environmental Review Standards; Applicability and Purpose.

In addition to compliance with LOC §§ 50.07.004.8.c and 50.07.004.8.d and LOC §§ 50.05.010.4.b and 50.05.010.4.c, applicants for development that is subject to environmental review on property containing an RP district shall comply with the standards contained in LOC §§ 50.05.010.6.b through 50.05.010.6.d, in order to:

Prohibit new development within an RP district following delineation of the resource or resources, except as provided in this section. In the event that development is allowed within an RP district, the applicant shall mitigate for the loss of or damage to the RP resource pursuant to LOC §§ 50.05.010.4.e through 50.05.010.4.g;

Ensure that new development and alterations are compatible with and maintain the total land area and the functions and values of resources designated as RP;

Allow for development opportunities for at least one single-family home or duplex, pursuant to LOC § 50.05.010.6.d and the applicable mitigation criteria of LOC §§ 50.05.010.4.e through 50.05.010.4.g.

RP District and Construction Setback Requirements.

The RP district shall include the delineated stream or wetland and a protected riparian area.

The protected riparian area contributes to the functions and values of the stream or wetland, including: shelter, food, travel, and nesting needs of wildlife; aesthetics; surface water quality; slope stability; and flood storage.

The entire RP district including the stream or wetland and its protected riparian area shall be shown on the delineation map.

The City Manager may use existing aerial photography, remote sensing, and topographic data, subject to field verification, to approve an RP district delineation without requiring a separate survey of the resource.

The following areas established pursuant to LOC § 50.07.004.8.d and detailed in Table 50.07.004-A are protected riparian areas. They are measured outward from the edge of a delineated stream corridor or wetland and included in the RP district. The minimum dimension below (25 or 30 ft.) is the RP district standard, except where the Sensitive Lands Map identifies a wider protection area the 50-ft. standards applies:

Class I Wetlands and Class II Wetlands abutting Class I Stream Corridors – 30 ft. or 50 ft.

Other Class II Wetlands – 25 ft. or 50 ft.

Class I Stream Corridors – 30 ft. or 50 ft.

Class II Stream Corridors – 25 ft. or 50 ft.

Reduction of RP District.

The reviewing authority may allow the protected riparian area to be reduced when the applicant shows that:

The proposed development complies with subsection 4.f of this section, Progressive Mitigation Steps Required; and

The reduction in protected riparian area is not solely for the purpose of maximizing development of the site; and

Development abuts a Class I or II resource. The reviewing authority may allow portions of the protected riparian area to be reduced to a minimum of 15 ft. abutting a Class I resource, or ten ft. abutting a Class II resource, if:

A qualified professional demonstrates that such an adjustment will not reduce the functions and values of the resource as a whole; and

The width is increased in other areas to maintain a 25-ft., 30-ft., or 50-ft. average width, whichever is applicable; and

The reviewing authority may permit a protected riparian area that is less than the average minimums required in the subsections above, when a qualified professional shows that such an adjustment will not damage the system as a whole, and one of the following conditions exists:

The presence of an existing topographic feature or human-made development physically precludes establishment of the minimum protected riparian area required; or

The size or configuration of the subject parcel is insufficient to provide the minimum protected riparian area required.

Construction Setbacks.

A construction setback is required from the RP district by LOC § 50.05.010.6.c, only for the following:

New structures, parking areas, active use recreation facilities, streets and driveways – ten ft.

Accessory structures, decks, and similar outdoor facilities meeting the criteria of LOC § 50.03.004.2.b.i(1) through (3), setback reduction for accessory structures, and LOC § 50.04.003.8.b, Patios and Decks – three ft.

RP District Development Standards.

In addition to compliance with any other applicable regulations, and subject to the requirement for compliance with subsection 6.c.iii of this section, the following development, use or activity on properties containing an RP district are permitted within the RP district, subject to the standards set forth in subsection 6.c.ii of this section:

Landscaping;

Tree removal;

Utilities;

Streets, driveways, lake trams and public transportation facilities;

Resource enhancement projects;

Structures;

Parking areas;

Active use recreation facilities;

Hard surfaced pathways; and

Limited hazardous materials storage.

Except as provided in subsection 6.d of this section, Exceptions Where the RP District Prohibits All Reasonable Development Opportunities, all development listed in subsection 6.c.I of this section is subject to environmental review and shall comply with the following standards:

Specific Development Standards.

Landscaping.

The delineated RP district shall maintain the natural function and character of the resource area, which provides food and shelter for native wildlife. Landscaping within these areas shall therefore comply with the following criteria:

Plants: Plants used for landscaping within the RP district shall:

Be well-suited to local soils and growing conditions; and

Not be dependent on long-term irrigation, which can increase erosion and sedimentation (irrigation necessary for initial establishment of the plants is not considered long-term irrigation).

The City shall maintain a Plant List listing species that comply with the criteria in this section. If a plant is listed on the Plant List as appropriate for resource landscaping, it shall be presumed to comply with this section. The Plant List is not intended to be an exclusive listing of allowable landscaping materials, but shall be used as a guideline and may be updated by the City Manager from time to time as new plants in compliance with this section are discovered or become available. An applicant may utilize a plant not on the Plant List as long as it complies with the criteria in this section.

Removal of vegetation identified on the Plant List as appropriate for resource landscaping is not permitted from an RP district except as otherwise allowed in this section.

New landscaping within the RP district shall not include any invasive plants on the City’s Plant List.

Existing Landscaping: Nonconforming formal landscaped areas including ornamental gardens and lawns located within an RP district and in existence at the time of the adoption of these standards may be maintained, altered or modified pursuant to LOC § 50.01.006.2, Continuation and Maintenance of Nonconformities. However, a nonconforming landscaped area may not be expanded pursuant to LOC § 50.01.006.3.c.

Tree Removal.

Tree removal within an RP district shall be subject to the following criteria:

Type I and Type II tree removal permits, in accordance with LOC § 55.02.042, Permit Classifications and Review Procedures, for development purposes, for those limited development activities allowed and approved by this section.

Type II tree removal permit, in accordance with LOC § 55.02.042 for landscaping purposes, in conjunction and consistent with a resource enhancement project.

Hazard tree removal permit, in accordance with LOC § 55.02.042.4, except any portion of the tree that is not likely to be hazardous to persons or property shall be retained for wildlife habitat and natural resources.

Emergency tree removal permit, in accordance with LOC § 55.02.042.5, Emergency Permit.

Verification permit, in accordance with LOC § 55.02.042.7.

Invasive tree removal permit, in accordance with LOC 55.02.042.6, except that mitigation shall be required as described in LOC 55.02.084,

Utilities.

Public or private utilities shall not be placed or expanded within an RP district unless tunneling under a resource will not cause any adverse effect upon the resource and the functions and values of a resource will be maintained, or there is no other practicable alternative. If a public or private utility is allowed within an RP district, mitigation shall be required pursuant to subsections 4.e through 4.g of this section. When applying the mitigation process to this section:

Step #1 Avoidance. Sanitary sewer, water, power, gas, cable, telecommunications and storm drain lines shall be maintained in public rights-of-way and routed around significant resources rather than through a resource wherever possible, except that tunneling under a resource shall be permitted where tunneling will not cause any adverse effect upon the resource or tree roots, and the functions and values of a resource will be maintained.

Step #2 Minimization. Sanitary sewer, water, storm drain line and other subsurface crossings shall be made within 30° of perpendicular to the stream where practicable or feasible.

Streets, Driveways, Lake Trams and Public Transportation Facilities.

Private streets shall not be placed through an RP district unless there is no other practicable method of access to buildable parcels.

Driveways shall not be placed through an RP district unless there is no other practicable method of access to the buildable areas of property served by the driveway. The amount of disturbance for driveways in the protection area shall be minimized through use of shared access for abutting lots and access through easements for adjacent lots.

Trams to access Oswego Lake shall not be placed through an RP district unless there is no other practicable method of access to Oswego Lake.

Public streets and public transportation facilities shall not be placed in or through an RP district unless:

For public streets, there is no other practicable method of providing for access to buildable parcels.

For public transportation facilities (other than regional trails), there is no other suitable location nearby for siting the public transportation facilities which would provide equal or greater public use of the public transportation facilities.

For regional, community connector, or local access trails (such as those designated in the City’s or another agency’s Transportation System Plan) the trail width shall be no greater than 12 ft. wide (as determined by the standards in the City’s Trails and Pathway Plan). Dimensions for other trails shall be determined using the progressive mitigation steps in LOC § 50.05.010.4.f. See also, LOC § 50.05.010.5.c.iii(5), Passive Use Recreational Facilities in Protection Area.

If allowed pursuant to subsection 6.c.ii(1)(d) of this section, the applicant shall comply with the following criteria:

Streets, driveways and bridges shall be the minimum width necessary to protect resources within the RP district while also allowing for safe passage of vehicles and/or pedestrians;

Stream and/or wetlands crossings shall be avoided. Where unavoidable, the applicant shall use bridges or arched culverts that are wildlife friendly and do not disturb the natural stream bed. The number of stream or wetland crossings for driveways shall be minimized through use of shared access for abutting lots and access through easements for adjacent lots;

If applicable, the applicant shall plan for future extension of shared access, access easement, or private streets to access potential new building sites in order to avoid subsequent encroachments into the RP district;

The applicant shall mitigate for loss of any portion of an RP district pursuant to LOC §§ 50.05.010.4.e through 50.05.010.4.g.

Structures, Parking Areas, Pathways, and Driveways.

Construction Setbacks

Except as provided in subsection 6.c.ii(1)(d) of this section, structures, parking areas, active use recreation facilities, hard surfaced pathways, streets and driveways shall be set back at least ten ft. from an RP district to prevent construction impacts to the RP district.

In addition to complying with other applicable standards, accessory structures, patios, decks, and similar outdoor facilities shall be set back three ft. from an RP district.

Passive use recreation facilities, such as soft surface trails and pedestrian bridges, may be located within the RP district. Any disturbed land area shall be restored with plants as described on the Plant List.

Resource Enhancement Projects.

Resource enhancement projects such as bank stabilization, restoration plantings, inchannel habitat improvements, and similar projects which propose to improve or maintain the quality of a natural resource within RP districts shall be approved if the applicant demonstrates that all of the following criteria are met:

The project will cause no permanent degradation, or loss of natural features in the RP district; and

There will be improvement in the quality of at least one function or value of the resource; and

Only vegetation described in the Plant List as appropriate for resource landscaping shall be planted. For the purpose of this subsection, "resource enhancement project" does not include required mitigation pursuant to LOC §§ 50.05.010.4.e through 50.05.010.4.g.

Limited Hazardous Materials Storage.

Hazardous material, as defined by the Department of Environment Quality, or development providing for the storage or processing of materials that are buoyant, flammable, explosive, toxic, or that could be injurious to human, animal, or plant life are prohibited in the RP district.

Exceptions:

Materials that are typically used for household purposes and in quantities which are normal for household use.

Materials that are stored in a boathouse and are typically used for recreational boat operation and maintenance.

General Development Standards.

In carrying out the permitted development activity, the applicant shall also comply with the following general development standards, if applicable to the proposed development, and the construction standards set forth in LOC § 50.05.010.4.d:

Resource Alterations.

Streams shall not be impounded or diverted from their natural channels unless the applicant demonstrates:

The diversion or impoundment will cause minimum degradation or loss of natural features in the stream corridor, and

The diversion will not cause erosion or otherwise cause damage downstream of the development site, and at least one of the following criteria are met:

[1]

A diversion would return a previously altered stream to its original location,

[2]

A stream channel occupies all or most of a legally created lot, or

[3]

An impoundment is designed to reduce flooding or improve water quality.

A wetland shall not be impounded or the hydrology of the wetland modified through such activities as draining the resource or enlargement of the resource to create a pond, unless it can be demonstrated that the criteria for allowing resource enhancement in subsection 6.c.ii(1)(f) of this section have been met.

Land Divisions and Lot Line Adjustments.

The following standards apply to properties containing an RP district for applications for land divisions including partitions and subdivisions and to lot line adjustments:

Except where the creation of a lot is permitted under LOC § 50.05.010.6.d, new lots proposed on lands that include an RP district shall have designated sites for buildings that are located outside of the RP district. A land division or lot line adjustment shall not create a lot that would necessitate an exception to LOC § 50.05.010.6.d in order to site a dwelling upon the proposed lot.

Exception: This standard shall not apply to lots established as open space tracts, for transfer to a public agency or private trustee to manage as a natural area, or where the entire lot is included in a conservation easement that prohibits development on the site.

Permanent signage is required in planned developments and subdivisions to identify the RP district where any common open space protects an inventoried natural resource through conditions of approval. The signage shall be installed before any occupancy permit is issued. Such signage shall be reviewed as part of the development review process, and shall meet the standards of LOC Chapter 47.

Exceptions Where the RP District Prohibits All Reasonable Development Opportunities.

When a delineated RP district occupies most or all of a lot in any residential district, the property owner shall be permitted development on the parcel of a single-family dwelling, duplex, or the equivalent; "equivalent" shall be one or more dwellings which in total do not exceed the maximum lot coverage and floor area allowed for one single-family or duplex dwelling based on the minimum lot area of the underlying zone. In approving more than one dwelling the reviewing body shall find that the avoid, minimize, mitigate requirements of this section are met, and the development will have no greater impact to water quality, slope stability, erosion, or wildlife habitat than would occur with one dwelling constructed with the maximum allowed floor area based on the minimum lot area of the underlying zone. All other applicable City codes and development standards shall be complied with, and the mitigation criteria of LOC §§ 50.05.010.4.e through 50.05.010.4.g shall also be applicable.

A lot from which density has been or may be transferred to another area in contiguous ownership shall not be eligible for this exception.

[Cross-Reference: Lot created by land division: LOC § 50.05.010.6.c.iii.]

Special Standards for the Oswego Canal.

Purpose.

The Oswego Canal was originally constructed and continues to be used for conveying water from the Tualatin River to Oswego Lake for the purpose of enhancing and maintaining the lake. Although originally artificial, certain portions of the Oswego Canal have acquired the characteristics of an RP Class I and Class II stream corridor. The canal provides a source of water to Oswego Lake for the purposes of recreation, navigation, scenic value, irrigation, maintenance and enhancement of water quality and to produce hydroelectric power. It is also an important element of flood and stormwater control for Oswego Lake and surrounding areas and it serves as the route for a sanitary sewer interceptor which is necessary to provide sewer service to several areas of Lake Oswego. This section is applicable to the portions of Oswego Canal described as beginning immediately south of the Bryant Road bridge and extending to the Tualatin River as illustrated by Figure 50.05.010-A: Oswego Canal. These regulations are intended to preserve the community-wide benefits of the natural resource functions and values of the canal, but are not intended:

To prevent the Lake Oswego Corporation from exercising its water rights to ensure an unimpeded supply of water to Oswego Lake;

To prevent the Lake Corporation from undertaking necessary management and maintenance activities to ensure water quality of the canal or Oswego Lake; or

Figure 50.05.010-A: Oswego Canal (See Official Zoning Map for Boundary)

To prevent the City of Lake Oswego or the Lake Corporation from repairing, maintaining or making necessary improvements to essential public facilities and flood management measures within the canal per LOC § 50.05.011, Flood Management Area, applicable Federal Emergency Management Association (FEMA) regulations, and any other City codes or standards that are applicable.

Exempt Activities.

The following activities within the Oswego Canal Stream Corridor are exempt from the requirements of this section when undertaken by the City of Lake Oswego or the Lake Corporation:

Operation of the Oswego Canal headgate, including variation of water flow rates and emergency or routine maintenance and repairs of the headgate, approaches to the headgate, associated banks and channel including riprapped areas, reinforcement areas, gabions and other features;

Emergency and routine removal of fallen trees, siltation, slides and other debris from the channel and banks of the canal and protected riparian areas as needed to ensure a continuous flow of water to Oswego Lake and to prevent flood damage;

Treatment of waters or flows of water for water quality purposes, and the control or eradication of aquatic weeds and similar threats to the aquatic environment of Oswego Lake;

Emergency and routine repair and maintenance of failing or collapsed sections of the canal bank or protected riparian areas, including removal of contributing vegetation; and

Maintenance, major repair of the Oswego Canal sanitary sewer interceptor and any service laterals connecting to the sewer.

Activities Approved Pursuant to a Maintenance and Management Plan.

Activities other than those described as exempt above, or incidental thereto, shall be reviewed as a minor development when proposed by the City of Lake Oswego or the Lake Corporation and when as part of an approved maintenance and management plan. Activities approved pursuant to a maintenance and management plan are subject to the minor development review criteria of LOC § 50.07.003.14.d.ii and any other City codes or standards that are applicable. These projects are exempt from the RP district requirements.

Environmental Mitigation Required.

Any effects of the above activities in subsection 6.e.iii of this section which impact the canal’s stream corridor functions and values as determined by the adopted ESEE analysis, when conducted as part of an approved maintenance and management plan, shall be mitigated pursuant to a plan approved by the reviewing authority. The mitigation plan shall be appropriate to the scale of disturbance, conform to the Oregon Department of State Lands and the U.S. Army Corps of Engineers requirements and shall also, to the extent practicable, replace plant communities and wildlife habitat disturbed by the above activities.

Boathouses and Docks.

New boathouses and docks shall not be placed within the portions of the Oswego Canal RP district as described above and illustrated by Figure 50.05.010-A: Oswego Canal. Replacement of an existing lawfully constructed boathouse or dock within the current footprint of the structure is allowed pursuant to this section and other applicable code requirements.

Habitat Benefit Areas (HBA) Incentives.

[Ord. No. 2687, Added, 12-15-2015]

Purpose.

This section provides incentives for property owners to use habitat-friendly development practices.

The purpose of this section is to allow and encourage habitat-friendly development, which is a method of site design and development that protects, enhances, or restores significant riparian or upland wildlife habitat.

Applicability.

Only properties meeting the following criteria may apply for land division approval using habitat-friendly development incentives:

Habitat Benefit Areas. Properties designated Habitat Benefit Area (HBA) and proposed for development.

Other Properties. Properties that are not designated HBA may be approved for development under this section where the property contains more than 50% tree canopy cover, is proposed to be subdivided, and is identified as Riparian Corridor/Wildlife Habitat (Class I or II) or Upland Wildlife Habitat (Class A or B) on Metro’s Title 13 Regionally Significant Fish and Wildlife Habitat Inventory Map (adopted by Metro on September 29, 2005, and amended on December 8, 2005; referenced in LOC § 50.06.005).

Habitat Benefit Areas (HBA) Delineation and HBA Protection Area.

Applications for land division approval using Habitat Benefit Area incentives shall:

Delineate the HBA using the procedure under LOC § 50.07.004.8.d; and

Establish an HBA protection area using the procedure under LOC § 50.05.010.5.b, except that the HBA protection area shall be a minimum of 50% of the HBA area; or

The reviewing authority may approve an HBA protection area that is 25% or more of the HBA, where:

Invasive species cover more than 50% of the designated protection area (during the growing season);

A Habitat Restoration Plan prepared by a biologist or other qualified professional provides for removal of all invasive species within the designated protection area and replanting with native plants on the Plant List; and

The mitigation planting standards under LOC § 50.05.010.4.g.viii are used for the design of the restoration project.

Habitat Preservation Incentives.

The following incentives reviewed through the minor development process are intended to promote habitat-friendly development of new land divisions by providing flexibility from underlying code requirements:

Allow lot density and floor area transfer (based on minimum lot area of underlying zone) from an HBA protection area to a nonresource area of a property, or to an adjacent property under common ownership, as allowed for development within an RP district.

Lot Area, Dimensional Standards, and Setbacks. Allow reductions to the minimum lot area, lot dimensions, and setbacks of the zone on nonresource portions of a site, without limitation, as allowed for RP districts. Where an abutting property is within a residential zone, the minimum setback along the common property line shall be that of the abutting property’s zone.

Lot Coverage and Floor Area. Allow lot coverage and floor area standards to be applied with reference to the total site area (based on the minimum lot area standard of zone) as allowed for RP districts.

Minimum Density. Allow reductions to the minimum density standard.

Building Design.

The front setback plane standard of LOC § 50.06.001.2 does not apply, except where the subject lot is adjacent to and directly across the street from a lot that is not part of the HBA development.

The side setback plane and side yard appearance and screening standards of LOC § 50.06.001.2 do not apply where a required setback yard abuts an HBA protection area for the length of the shared property line.

Off-Site Parking. For land divisions in commercial, industrial, and campus institutional zones, allow an increase in the distance a remote parking facility may be located from the property line of the use to be served, pursuant to LOC § 50.06.002, if the proposed parking facility is shown to be viable.

Street Connectivity. The reviewing authority may grant an exception to the local street connectivity standard of LOC § 50.06.003.4, as allowed for RP and RC districts.

Development Review.

Applications for development review approval under this section are reviewed in conjunction with an application for land division through the minor development process (LOC § 50.07.003.14). The reviewing body shall find the following standards are met:

Habitat Protection. The required HBA protection area is identified and protected, or restored and protected, as applicable, pursuant to LOC § 50.05.010.5.b.

Shared Driveways. The proposed development utilizes shared driveways, as applicable, to minimize resource area disturbance.

Use of Pervious Materials. The proposed development uses pervious building materials for hard surfaces, where practicable, to maintain the natural hydrology of the site and to minimize resource area disturbance.

Landscaping. Only native plants listed on the Plant List are used in new landscaping.

Habitat-Friendly Fencing. Habitat-friendly fencing is used within and abutting any RP district and where passive open space areas abut a collector or arterial street, and shall meet the following criteria:

The fence is not located within a wetland or a stream channel; and

If the fence is below the top of the bank of a stream, at least a two-ft. section of every 100-ft. segment or portion thereof is:

Not less than 12 in. above the ground; and

Not more than four ft. tall, measured from the ground.

A Notice of Development Restriction shall be recorded with or included within any conservation easement or other conveyance that is required to comply with the provisions of this section and other applicable code sections.

§ 50.05.011 Flood Management Area.

Applicability.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2847, Amended, 1-4-2022]

This section applies to the lands within the "flood management area" and is applied when development occurs within the "flood management area." All development within special flood hazard areas ("flood management area") is subject to the terms of this section and other applicable regulations. A development permit shall be obtained before construction or development begins within any area horizontally within the mapped flood management area as defined in subsection 3 of this section, Definitions, and as the referenced maps are amended per subsection 4 of this section, Map Administration. The development permit shall be required for all structures, including manufactured dwellings, and for all other development, as defined in subsection 3 of this section, Definitions, and LOC § 50.10.003.2, Definition of Terms, including fill and other development activities.

Purpose; Abrogation; Rules of Interpretation; Warning; Disclaimer of Liability.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2847, Amended, 1-4-2022]

Purpose.

It is the purpose of this section to promote public health, safety, and general welfare, and to minimize public and private losses due to flooding in flood hazard areas by provisions designed to:

Protect human life and health;

Notify potential buyers that the property is in a special flood hazard area; and

Participate in and maintain eligibility for flood insurance and disaster relief.

Abrogation.

In addition to LOC § 50.01.002.4, this section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and another Code provision, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

Interpretation.

In the interpretation and application of this section, all provisions shall be:

Considered as minimum requirements;

Liberally construed in favor of the City; and

AREA OF SPECIAL FLOOD HAZARD

Deemed neither to limit nor repeal any other powers granted under state statutes.

Warning.

The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. These flood management standards do not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages.

Disclaimer of Liability.

This section shall not create liability on the part of the City of Lake Oswego, any officer or employee thereof, or the Federal Insurance Administrator for any flood damages that result from reliance on the provisions of this section or any administrative decision lawfully made hereunder.

Definitions.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2603, Amended, 3-19-2013; Ord. No. 2847, Amended, 1-4-2022]

Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage. For purposes of this section, the following definitions shall apply:

APPURTENANT STRUCTURE

"Appurtenant structure" means a structure that is on the same parcel or lot as the principal structure and the use of which is incidental to the use of the principal structure. (Note: Also referred to as "accessory structure" in other articles within this Code.)

AREA OF SHALLOW FLOODING

A designated Zone AO, AH, AR/AO or AR/AH on the Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

The land in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM) as Zone A, AO, AH, A1-30, AE, A99, and AR. "Special flood hazard area" is synonymous in meaning and definition with the phrase "area of special flood hazard."

BASE FLOOD

The flood having a one percent chance of being equaled or exceeded in any given year.

BASE FLOOD ELEVATION (BFE)

The elevation to which floodwater is anticipated to rise during the base flood, per FEMA designation.

BREAKAWAY WALL

A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

CRAWLSPACE (BELOW-GRADE)

An enclosed area below the base flood elevation in which the interior grade is not more than two feet below the lowest adjacent exterior grade and the height, measured from the interior grade of the crawlspace to the top of the crawlspace foundation, does not exceed four feet at any point.

DESIGN FLOOD ELEVATION (LODFE)

One foot above either the base flood elevation or the 1996 Flood Inundation Areas (Map D, below), whichever is higher.

FILLING (FILL)

See definition of "fill" in LOC § 50.10.003.2.

FLOOD OR FLOODING

A general and temporary condition of partial or complete inundation of normally dry land area from:

The overflow of inland or tidal waters;

The unusual and rapid accumulation of runoff of surface waters from any source; or

Mudslides (i.e., mudflows) which are proximately caused by flooding due to unusual and rapid accumulation of runoff of surface waters from any source and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding due to overflow of inland or tidal waters.

FLOOD INSURANCE RATE MAP (FIRM)

The official map on which the Federal Insurance Administrator has delineated both the areas of special flood hazards and the risk premium zones applicable to Lake Oswego. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

FLOOD INSURANCE STUDY (FIS)

An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

FLOOD MANAGEMENT AREA

The areas depicted on the Flood Management Area Maps, Figures 50.05.011-A to 50.05.011-D. (In the event the maps show the same general area, the mapped areas that have the higher mapped flood elevation shall prevail.) The Flood Management Area Map shows:

FEMA MAPPED AREAS

The areas of special flood hazard, as identified by the Federal Insurance Administrator in a scientific and engineering report entitled "The Flood Insurance Study for Clackamas County, OR and Incorporated Cities" dated January 18, 2019;

FUNCTIONALLY DEPENDENT USE

FIRM, as issued by FEMA at the time of last amendment of the Flood Management Area Map was effective pursuant to subsection 4 of this section; and

which are hereby adopted by reference and declared to be a part of this article.

1996 FLOOD AREAS

The area inundated during the February 1996 flood along the Willamette River as shown on Figure 50.05.011-D, which is based on the flood elevation data available at the Engineering Department. The 1996 Flood Areas will be used for regulatory purposes; provided, that the data is at least as restrictive as the FEMA Mapped Areas, subsection a of this definition.

FLOODPROOFING

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height, as determined in the Flood Insurance Study. Also referred to as "regulatory floodway."

FLOODWAY FRINGE

The area of the floodplain lying outside the floodway.

A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

HAZARDOUS MATERIAL

"Hazardous material" is any of the following:

Hazardous waste as defined in ORS 466.005;

Radioactive waste as defined in ORS 469.300, radioactive material identified by the Energy Facility Siting Council under ORS 469.605 and radioactive substances defined in ORS 453.005;

Communicable disease agents as regulated by the Health Division under ORS Chapter 431 and ORS 433.010 to 433.045 and 433.106 to 433.990;

Hazardous substances designated by the United States Environmental Protection Agency (EPA) under Section 311 of the Federal Water Pollution Control Act, P.L. 92-500, as amended;

EPA in Section 40 of the Code of Federal Regulations, Part 302ode of Federal Regulations, Part 302 – Table 302.4 (list of Hazardous Substances and Reportable Quantities) and amendments;

Material regulated as a chemical agent under ORS 465.550;

Material used as a weapon of mass destruction, or biological weapon;

Pesticide residue;

Dry cleaning solvent as defined by ORS 465.200(9).

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE

A landmark or contributing resource structure, or National Register property, as defined in LOC § 50.10.003.2, Definitions.

LOWEST FLOOR

The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this ordinance.[1]

MANUFACTURED DWELLING

A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured dwelling" does not include a "recreational vehicle" and is synonymous with "manufactured home."

MANUFACTURED DWELLING PARK OR SUBDIVISION

A parcel (or contiguous parcels) of land divided into two or more manufactured dwelling lots for rent or sale.

MEAN SEA LEVEL

"Mean sea level" and other references to elevations are based on the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on Lake Oswego Flood Insurance Rate Map are referenced.

NEW CONSTRUCTION

"New construction" means structures for which the "start of construction" commenced on or after October 13, 1981, and includes any subsequent improvements to such structures.

OSWEGO LAKE

Oswego Lake includes the main lake and all embayments and canals that have the same elevation as the main lake.

RECREATIONAL VEHICLE

A vehicle that is:

Built on a single chassis;

Four hundred square feet or less when measured at the largest horizontal projection;

Designed to be self-propelled or permanently towable by a light duty truck; and

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

SPECIAL FLOOD HAZARD AREA

See "area of special flood hazard" for this definition.

START OF CONSTRUCTION

Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured dwelling on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE

A walled and roofed building, including a gas or liquid storage tank, principally above ground, as well as a manufactured dwelling.

SUBSTANTIAL DAMAGE

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the City enforcement official and which are the minimum necessary to assure safe living conditions; or

Any alteration of a "historic structure"; provided, that the alteration will not preclude the structure’s continued designation as a "historic structure."

VARIANCE

A grant of relief pursuant to subsection 8 of this section from the terms of a floodplain management regulation.

WATERCOURSE

A bed or channel of a riverine drainageway such as a river, stream, creek, or brook.

Figure 50.05.011-A: Flood Management Area Map A

Figure 50.05.011-B: Flood Management Area Map B

Figure 50.05.011-C: Flood Management Area Map C

Figure 50.05.011-D: Flood Management Area Map D

[1]

Editor’s Note: "This ordinance" is the text adopted by Ord. 2847, enacting new and amendments to the flood management area provisions (LOC § 50.05.011) and related sections.

Map Administration.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2847, Amended, 1-4-2022]

The purpose of this section is to outline the process for amending the Flood Management Area Map, Figures 50.05.011-A to 50.05.011-D.

Revision of FIRM (Figures 50.05.011-A to 50.05.011-C).

If amendments to the Flood Management Area Map are due to changes to the Special Flood Hazards Areas depicted on Flood Insurance Rate Maps of the National Flood Insurance Program or by Letter of Map Revision (but not including Letter of Map Revision – Fill (LOMR-F)), the amendment shall be dependent upon successful compliance with the map and revision process of the National Flood Insurance Program (44 CFR 65).

When an applicant proposes to revise the FIRM, including as a result of a Letter of Map Revision (LOMR) but not including by a LOMR-F, a public hearing shall be held, and notice given in the same manner as for subsection 4.b of this section. The amendment of the Flood Management Area Map shall be recommended by the Planning Commission, and amended by the City Council upon finding that the map revision process of the National Flood Insurance Program (44 CFR 65) was followed and that FEMA has revised the FIRM by the LOMR process.

Revision of 1996 Flood Map (Figure 50.05.011-D).

When an applicant proposes revision of the 1996 Flood Map (Figure 50.05.011-D), the application shall be processed per LOC § 50.07.003.16 either as a legislative decision or as a quasi-judicial decision. The criteria to adopt the revision shall be as provided in subsection 4.b.ii of this section and provisions of LOC § 50.07.003.16.b, including applicable Policies in Sections A and B of the Natural Hazards section of the Comprehensive Plan and LCDC Goal 7.

The manner of public notice, and of public hearing before the Planning Commission and City Council shall be:

Legislative Decision:

See LOC § 50.07.003.16.

Quasi-Judicial Decision:

As provided for major developments in LOC § 50.07.003.15.c.

The 1996 Flood Map (Figure 50.05.011-D) shall be revised if an applicant demonstrates there is an error in the existence or location of the 1996 Flood Areas.

A public hearing shall be held before the Planning Commission for recommendation to the City Council. The City Manager shall provide notice of the public hearing at which the Planning Commission will review the error for compliance with this section. Notice of the hearing shall be sent to property owners who have property that will be included or withdrawn from the Flood Management Area as a result of the change. Notice of the public hearing shall be given in the manner required by LOC § 50.07.003.16.e, except that notice shall also be mailed to owners of property within 100 feet of the affected properties. Following the public hearing, the Planning Commission shall make a recommendation to the City Council as to whether the 1996 Flood Map boundaries should be changed.

Development Review.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2847, Amended, 1-4-2022]

Authority and Criteria.

Development review is required for all development proposed within the flood management area. The reviewing authority shall review all development permits to:

Determine that the permit requirements of this section have been satisfied;

Determine that all other required local, state, and federal permits have been obtained and approved;

Determine if the proposed development is located in a floodway. If located in the floodway assure that the floodway provisions in subsection 6.b.xi of this section, Encroachment within Floodway, are met; and

Determine if the proposed development is located in an area where base flood elevation (BFE) data is available either through the Flood Insurance Study (FIS) or from another authoritative source. If BFE data is not available then ensure compliance with the provisions of LOC § 50.07.004.13.b; and

Provide to building official the design flood elevation (LODFE) applicable to any structure requiring a development permit;

Determine if the proposed development qualifies as a substantial improvement as defined in subsection 3 of this section, Definitions;

Determine if the proposed development activity is a watercourse alteration. If a watercourse alteration is proposed, ensure compliance with the provisions in subsection 6.b.vii of this section, Alteration or Relocation of Watercourses;

Determine if the proposed development activity includes the placement of fill or excavation.

Records.

The City shall maintain for public inspection all records pertaining to the provisions of this section and the submission documents required by LOC § 50.07.004.13.

[Cross-Reference: See Flood Management Area submittal requirements in LOC § 50.07.004.13.]

Flood Management Area Development Standards.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2847, Amended, 1-4-2022]

The following standards apply to development, including fill, within the flood management area:

Permitted Development.

Planting new trees or vegetation excluding plants listed on the Plant List as invasive plants.

Restoration or enhancement of floodplains, riparian areas, wetland, upland and streams that meet federal and state standards; provided, that any restoration project which encroaches on the floodway complies with the requirements of subsection 6.b.xi of this section, Encroachment within Floodway.

Work necessary to protect, repair, maintain, or replace existing structures, utility facilities, roadways, driveways, accessory uses and exterior improvements in response to emergencies; provided, that within 90 days after the emergency has passed, a development permit application has been filed for approval under the standards and criteria of this section.

Except as set forth in subsection 6.b of this section, new culverts, stream crossings, and transportation projects may be permitted if designed as balanced cut and fill projects or designed to not significantly raise the base flood elevation.

Water dependent uses, such as boathouses, boat docks, decks, boat lifts, piers, or similar structures. When located within the floodway, water dependent uses shall meet the floodway encroachment standards.

All uses allowed in the base zone are allowed in the flood management area subject to compliance with this section.

Lake-related infrastructure.

Development Restrictions.

In the Flood Management Area, the following standards shall be adhered to:

Fill.

Fill in the Floodway.

Fill shall only be placed in the floodway when done in accordance with the floodway encroachment standards of subsection 6.b.xi of this section.

Fill – General Provisions.

The following standards apply throughout the flood management area:

Fill is allowed for the construction of stormwater detention facilities or structures, and other facilities such as levees specifically designed to reduce or mitigate flood impacts. Levees shall not be used to create vacant buildable lands.

In areas outside of the floodway, fill is permitted under the following conditions:

Fill in quantities of ten cubic yards or less is permitted.

Fill in quantities greater than ten cubic yards is permitted within the floodplain of Oswego Lake and the developed areas of its outlets. Fill in quantities greater than ten cubic yards is permitted elsewhere within the flood management area when balanced with removal of an equal amount of material such as sand, gravel, soil, rock, and building material. Only removal of material below the base flood elevation within the same watershed shall be counted as compensating for fill.

Excavation shall not be counted as compensating for fill if such areas will be filled with water in nonstorm winter conditions.

Temporary fill during construction is permitted provided it is removed prior to final inspection.

Transportation Projects.

New culverts, stream crossings, and transportation projects shall be designed to minimize the area of fill in the flood management area and to minimize erosive velocities to the extent practicable. Stream crossings shall be as close to perpendicular to the stream as practicable. Bridges shall be used instead of culverts wherever practicable.

Storage.

Hazardous Materials.

Uncontained hazardous material or development providing for the storage or processing of materials that are buoyant, flammable, explosive, toxic, or that could be injurious to human, animal, or plant life in time of flooding are prohibited in the flood management area. Exceptions include:

Materials that are typically used for household purposes and in quantities that are normal for household use.

Materials that are typically used for recreational boat operation and maintenance. For a commercial marina or for sites used for lake maintenance in flood conditions, hazardous materials below the base flood elevation must be contained in watertight and secured containers. For residential use, materials are only allowed in quantities that are typical for residence-based recreational boat activity.

Other Storage.

Storage of other materials or equipment is allowed in the flood management area if materials or equipment are:

Not subject to major damage due to flood;

Firmly anchored to prevent flotation; or

Readily removable from the area after flood warning.

Structures.

Residential Construction.

New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to at or above the LODFE. (See subsection 6.b.iv(4) of this section, Appurtenant Structures, for accessory structure.)

Fully enclosed areas below the lowest floor and below the design flood elevation that are subject to flooding shall comply with the flood opening requirements in subsection 6.b.iv(6), Flood Openings.

Garages.

Attached garages may be constructed with the garage floor slab below the design flood elevation (LODFE) in riverine flood zones, if the following requirements are met:

If located within a floodway the proposed garage must comply with the requirements of subsection 6.b.xi of this section, Encroachment within Floodway;

The floors are at or above grade on not less than one side;

The garage is used solely for parking, building access, and/or storage;

The garage is constructed with flood openings in compliance with subsection 6.b.iv(6) of this section, Flood Openings, to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater;

The portions of the garage constructed below the LODFE are constructed with materials resistant to flood damage;

The garage is constructed in compliance with the standards in this subsection 6, Flood Management Area Development Standards, and subsection 7 of this section, Standards for Construction; and

(vii)

The garage is constructed with electrical and other service facilities located and installed so as to prevent water from entering or accumulating within the components during conditions of the base flood.

Detached garages must be constructed in compliance with the standards for appurtenant structures in subsection 6.b.iv(4) of this section or nonresidential structures in subsection 6.b.iv(3) of this section depending on the square footage of the garage.

Nonresidential Construction.

New construction and substantial improvement of any commercial, public use, industrial or other nonresidential structure shall:

Have the lowest floor, including a basement, elevated to at or above the LODFE; or

Together with attendant utility and sanitary facilities, shall:

Be floodproofed to the LODFE, so that the structure is watertight with walls substantially impermeable to the passage of water;

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/ or review of the structural design, specifications and plans. Such certifications shall be provided to the City Manager as set forth in subsection 6.b.iv(2) of this section, Garages; and

Nonresidential structures that are elevated, not floodproofed, shall comply with the standards for enclosed areas below the lowest floor in subsection 6.b.iv(6) of this section, Flood Openings.

Appurtenant Structures.

Relief from elevation or floodproofing requirements for residential and nonresidential structures in riverine (noncoastal) flood zones may be granted for appurtenant structures that meet all of the following:

Appurtenant structures located partially or entirely within the floodway must comply with requirements for development within a floodway found in subsection 6.b.xi of this section, Encroachment within Floodway;

Appurtenant structures must only be used for parking, access, and/or storage and shall not be used for human habitation;

In compliance with Lake Oswego Building Code, appurtenant structures on properties that are zoned residential are limited to one-story structures less than 200 square feet, or 400 square feet if the property is greater than two acres in area and the proposed appurtenant structure will be located a minimum of 20 feet from all property lines. Appurtenant structures on properties that are zoned as nonresidential are limited in size to 120 square feet;

The portions of the appurtenant structure located below the LODFE must be built using flood-resistant materials;

The appurtenant structure must be adequately anchored to prevent flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood;

The appurtenant structure must be designed and constructed to equalize hydrostatic flood forces on exterior walls and comply with the requirements for flood openings in subsection 6.b.iv(6) of this section, Flood Openings;

Appurtenant structures shall be located and constructed to have low damage potential;

Appurtenant structures shall not be used to store hazardous material (see subsection 6.b.iii of this section), oil, or gasoline, or any priority persistent pollutant identified by the Oregon Department of Environmental Quality unless confined in a tank installed in compliance with subsection 7.c of this section, Tanks;

Appurtenant structures shall be constructed with electrical, mechanical, and other service facilities located and installed so as to prevent water from entering or accumulating within the components during conditions of the base flood.

Manufactured Homes.

New or substantially improved manufactured dwellings supported on solid foundation walls shall be constructed with flood openings that comply with subsection 6.b.iv(6) of this section, Flood Openings;

The bottom of the longitudinal chassis frame beam shall be at or above one foot above the design flood elevation;

New or substantially improved manufactured dwellings shall be anchored to prevent flotation, collapse, and lateral movement during the base flood. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA’s "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques); and

Electrical crossover connections shall be a minimum of one foot above the design flood elevation.

Flood Openings.

All new construction and substantial improvements with fully enclosed areas below the lowest floor (excluding basements) are subject to the following requirements.

Enclosed areas below the LODFE, including crawl spaces shall:

Be designed to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters;

Be used solely for parking, storage, or building access;

Be certified by a registered professional engineer or architect or meet or exceed all of the following minimum criteria:

A minimum of two openings,

The total net area of nonengineered openings shall be not less than one square inch for each square foot of enclosed area, where the enclosed area is measured on the exterior of the enclosure walls,

The bottom of all openings shall be no higher than one foot above grade.

Openings may be equipped with screens, louvers, valves, or other coverings or devices; provided, that they shall allow the automatic flow of floodwater into and out of the enclosed areas and shall be accounted for in the determination of the net open area.

Any additional higher standards for flood openings in the Lake Oswego Building Code, Oregon Residential Specialty Codes Section R322.2.2, shall be complied with when applicable.

Crawlspaces (Below Grade).

The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Hydrostatic loads and the effects of buoyancy can usually be addressed through the required flood openings stated in subsection 6.b.iv(6) of this section. Because of hydrodynamic loads, crawlspace construction is not allowed in areas with flood velocities greater than five feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer. Other types of foundations are recommended for these areas.

The crawlspace is an enclosed area below the LODFE and, as such, must have openings that equalize hydrostatic pressures by allowing the automatic entry and exit of floodwaters. The bottom of each flood vent opening can be no more than one foot above the lowest adjacent exterior grade.

Portions of the building below the LODFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawlspace used to elevate the building, but also any joists, insulation, or other materials that extend below the LODFE. The recommended construction practice is to elevate the bottom of joists and all insulation above LODFE.

Any building utility systems within the crawlspace must be elevated above LODFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions. Ductwork, in particular, must either be placed above the LODFE or sealed from floodwaters.

The interior grade of a crawlspace below the LODFE must not be more than two feet below the lowest adjacent exterior grade.

The height of the below-grade crawlspace, measured from the interior grade of the crawlspace to the top of the crawlspace foundation wall, must not exceed four feet at any point. The height limitation is the maximum allowable unsupported wall height according to the engineering analyses and building code requirements for flood hazard areas.

There must be an adequate drainage system that removes floodwaters from the interior area of the crawlspace. The enclosed area should be drained within a reasonable time after a flood event. The type of drainage system will vary because of the site gradient and other drainage characteristics, such as soil types. Possible options include natural drainage through porous, well-drained soils and drainage systems such as perforated pipes, drainage tiles or gravel or crushed stone drainage by gravity or mechanical means.

The velocity of floodwaters at the site shall not exceed five feet per second for any crawlspace. For velocities in excess of five feet per second, other foundation types should be used.

Structures Located in Multiple or Partial Flood Zones.

When a structure is located in multiple flood zones on the community’s Flood Insurance Rate Maps (FIRM) the provisions for the more restrictive flood zone shall apply.

When a structure is partially located in a special flood hazard area, the entire structure shall meet the requirements for new construction and substantial improvements.

Utilities.

All new and replacement utilities, such as sanitary sewer, storm drain, water, gas, and power service line shall be designed, located, and constructed to minimize flood damage.

All new and replacement water supply systems shall be designed and constructed to minimize infiltration of flood waters into the system.

All new and replacement sanitary sewer systems shall be designed and constructed to minimize infiltration of flood waters into the systems and discharge from the systems into flood waters.

On-site waste disposal systems (on-site sewerage systems) shall be located to avoid impairment to them or contamination from them during flooding consistent with the Oregon Department of Environmental Quality regulations.

Lake-Related Infrastructure.

New lake-related infrastructure and substantial improvements to lake-related infrastructure shall be permitted provided appropriate permits have been obtained from state and federal agencies.

Alteration or Relocation of Watercourses.

The flood carrying capacity within the altered or relocated portion of said watercourse shall be maintained and maintenance shall be provided within the altered or relocated portion of said watercourse to ensure that the flood carrying capacity is not diminished. Also comply with LOC § 50.07.004.13.a.xiv, Alteration or Relocation of Watercourse, and LOC § 50.07.004.13.b.

As a condition of approval, the applicant shall submit either:

A proposed maintenance plan to assure the flood carrying capacity within the altered or relocated portion of the watercourse is maintained; or

Certification by a registered professional engineer that the project has been designed to retain its flood carrying capacity without periodic maintenance, and, as appropriate, notify the Federal Insurance Administration as a Letter of Map Revision (LOMR).

The applicant shall submit a Conditional Letter of Map Revision (CLOMR) when required under LOC § 50.07.004.13.b. Ensure compliance with all applicable requirements and this subsection.

Recreational Vehicles.

Recreational vehicles placed on sites are required to:

Be on the site for fewer than 180 consecutive days (and comply with any more restrictive code requirements, e.g., LOC §§ 50.03.005.1 and 50.03.005.3); and

Be fully licensed and ready for highway use, be on its wheels or a jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanent attached additions.

Development Change in Base Flood Elevation.

When development changes the base flood elevation, the applicant shall submit to FEMA a CLOMR/LOMR application (with a copy of the submitted application to the City) and pay any processing or application fees associated with the CLOMR/LOMR. The City Manager shall be under no obligation to sign the Community Acknowledgement Form, which is part of the CLOMR/LOMR application, until the applicant demonstrates that the project will or has met the requirements of this code and all applicable state and federal laws.

Subdivisions/Manufactured Dwelling Parks and Subdivisions.

All new subdivision proposals and proposals for manufactured dwelling parks and subdivisions shall:

Be consistent with the need to minimize flood damage.

Have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage.

Have adequate drainage provided to reduce exposure to flood hazards.

xi.

Encroachment within Floodway.

Located within the special flood hazard areas established in the definition of "flood management area," subsection 3 of this section, Definitions, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of the floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply, in addition to other standards within this subsection 6:

Encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless either:

Certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that encroachment would not result in any increase in the flood level during the occurrence of the base flood discharge; or

Encroachments within an adopted regulatory floodway that would result in an increase in base flood elevations; provided, that a Conditional Letter of Map Revision (CLOMR) is applied for and approved by the Federal Insurance Administrator, and the requirements for such revision as established under Volume 44 of the Code of Federal Regulations, Section 65.12 are fulfilled.

If the requirements of subsection 6.b.xi(1) are satisfied, all new construction, substantial improvements, and other development shall comply with all other applicable flood hazard reduction provisions of this subsection 6, Flood Management Area Development Standards and subsection 7 of this section, Standards for Construction.

xii.

Encroachment into Portions of Tryon, Springbrook and Oswego Creeks (Undesignated Floodway).

Along Tryon Creek, Springbrook Creek, and Oswego Creek in areas where a floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30, AE, and unnumbered A Zones on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point in the flood management area.

xiii.

Standards for Shallow Flooding Areas.

Shallow flooding areas appear on FIRMs as AO Zones with depth designations or as AH Zones with Base Flood Elevations. For AO Zones the base flood depths range from one to three feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow.

Standards for AH Zones.

Development within AH Zones must comply with the standards in this subsection 6, Flood Management Area Development Standards and subsection 7 of this section, Standards for Construction, and adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures.

Standards for AO Zones.

In AO Zones, the following provisions apply in addition to the requirement in this subsection 6, Flood Management Area Development Standards and subsection 7 of this section, Standards for Construction, and adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures:

New construction and substantial improvement of residential structures and manufactured dwellings within AO Zones shall have the lowest floor, including basement, elevated above the highest grade adjacent to the building, at a minimum of one foot above the depth number specified on the FIRM or a minimum of two feet above the highest adjacent grade if no depth number is specified. For manufactured dwellings the lowest floor is considered to be the bottom of the longitudinal chassis frame beam.

New construction and substantial improvements of non-nonresidential structures within AO Zones shall either:

Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, at a minimum of one foot above the depth number specified on the FIRM or a minimum of two feet above the highest adjacent grade if no depth number is specified; or

Together with attendant utility and sanitary facilities, be completely floodproofed to a minimum of one foot above the depth number specified on the FIRM or a minimum of two feet above the highest adjacent grade if no depth number is specified, so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer as stated in subsection 6.b.iv(3)(b)(iii) of this section, Nonresidential Construction.

Recreational vehicles placed on sites within AO Zones shall comply with subsection 6.b.viii of this section, Recreational Vehicles.

In AO Zones, new and substantially improved appurtenant structures must comply with the standards in subsection 6.b.iv(4) of this section, Appurtenant Structures.

In AO Zones, enclosed areas beneath elevated structures shall comply with the requirements in subsection 6.b.iv(6) of this section, Flood Openings.

Standards for Construction.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2847, Amended, 1-4-2022]

The following standards apply within the flood management area:

Anchoring.

All new construction, including manufactured homes, and substantial improvements in the flood management area shall be anchored to prevent flotation, collapse, or lateral movement of the structure, resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

All manufactured dwellings shall be anchored per subsection 6.b.iv(5) of this section, Manufactured Homes.

Construction Materials and Method.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

Electrical, heating, ventilating, air-conditioning, plumbing, duct systems, and other equipment and service facilities shall be elevated to or above the LODFE or shall be designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during conditions of flooding. In addition, electrical, heating, ventilating, air-conditioning, plumbing, duct systems, and other equipment and service facilities shall:

If replaced as part of a substantial improvement, meet all the requirements of this section.

Not be mounted on or penetrate through breakaway walls.

Tanks.

Underground tanks shall be anchored to prevent flotation, collapse and lateral movement under conditions of the design flood.

Above-ground tanks shall be installed at or above the LODFE or shall be anchored to prevent flotation, collapse, and lateral movement under conditions of the design flood.

Flood Management Area Variance.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2847, Amended, 1-4-2022]

Limitation of Variance.

The issuance of a variance is for floodplain management purposes only. Flood insurance premium rates are determined by federal statute according to actuarial risk and will not be modified by the granting of a variance.

Applicability.

Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the provisions of subsections 8.c.ii(3), 8.c.ii(7) and 8.d of this section. As the lot size increases beyond one-half acre, the technical justification required for issuing a variance increases.

Variance Requirements.

Variances to the requirements of this section shall only be allowed through variances authorized under this section.

To vary from the requirements of this section, the applicant shall demonstrate the following:

The variance is for new construction and substantial improvements to be erected on a lot contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the provisions of subsections 8.c.ii(3), 8.c.ii(7) and 8.d of this section;

The variance is the minimum necessary, considering the flood hazard, to afford relief;

Within any floodway, no increase in flood levels during the base flood discharge would result (which may be demonstrated by a "no rise" analysis by a licensed engineer);

A showing of good and sufficient cause;

Failure to grant the variance would result in an exceptional hardship to the applicant;

Granting the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing laws or ordinances; and

The variance is for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

Notification to Applicant Upon Issuance of Variance.

Any applicant to whom a variance is granted shall be given written notice that the issuance of a variance to construct a structure below the LODFE will result in increased premium rates for flood insurance and that such construction below the LODFE increases risks to life and property. Such notification and a record of all variance actions, including justification for their issuance, shall be maintained in accordance with LOC § 50.07.004.13, including LOC § 50.07.004.13.a.xii.

Calculations for Determining Substantial Improvements and Substantial Damage.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2847, Amended, 1-4-2022]

For purposes of determining substantial improvements and substantial damage, the City shall base real market value estimates of the structure on one of the following methods selected by the applicant:

The most recent real market building values listed in the County assessment records plus any improvements made since the last County appraisal. The value of recent improvements shall be based on building permit documents; or

An appraisal provided by the applicant conducted by a licensed real estate appraiser selected by the applicant. Such appraisal must provide building market value separate from land value.

When determining if any reconstruction of an existing structure, or an alteration or addition to an existing structure is a substantial improvement, the City will consider construction improvement values cumulatively on a 12-month period after a final approval. Improvement values shall be based on standard methodologies used to determine construction costs per the FEMA Substantial Improvement/Substantial Damage Desk Reference (FEMA P-758).

10.

Designation of Floodplain Administrator – NFIP Administration.

[Ord. No. 2847, Added, 1-4-2022]

The City Manager is hereby appointed to be the Floodplain Administrator to administer, implement, and enforce this section by granting or denying development permits in accordance with its provisions. The Floodplain Administrator may delegate authority to implement these provisions.

The Floodplain Administrator shall perform the following administration requirements relating to participation and compliance with the federal National Flood Insurance Program:

Flood Hazard Boundary Alteration.

Notify the Federal Insurance Administrator in writing whenever the boundaries of Lake Oswego have been modified by annexation or Lake Oswego has otherwise assumed authority or no longer has authority to adopt and enforce floodplain management regulations for a particular area, to ensure that all Flood Hazard Boundary Maps (FHBM) and Flood Insurance Rate Maps (FIRM) accurately represent the community’s boundaries. Include within such notification a copy of a map of Lake Oswego suitable for reproduction, clearly delineating the new corporate limits or new area for which Lake Oswego has assumed or relinquished floodplain management regulatory authority.

Substantial Improvement and Substantial Damage Assessments and Determinations.

Conduct substantial improvement (SI) (as defined in subsection 3 of this section) reviews for all structural development proposal applications and maintain a record of SI calculations within permit files in accordance with LOC § 50.07.004.13.b.

Conduct substantial damage (SD) (as defined in subsection 3 of this section) assessments when structures are damaged due to a natural hazard event or other causes.

Make SD determinations whenever structures within the special flood hazard area (as established in this section) are damaged to the extent that the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

§ 50.05.012 Uplands R-10 Overlay District.

Purpose.

[Ord. No. 2734, Added, 5-2-2017]

The purpose of the overlay is to ensure that development in the overlay district promotes the unique character of the Uplands neighborhood as described in the Uplands Neighborhood Plan.

Applicability.

[Ord. No. 2734, Added, 5-2-2017]

This section applies to lands within the Uplands R-10 Overlay District, as shown on Figure 50.05.012-A: Uplands R-10 Overlay District.

Figure 50.05.012-A: Uplands R-10 Overlay District

Relationship to Other Standards.

[Ord. No. 2734, Added, 5-2-2017]

To the extent that any requirement of this overlay imposes a regulation relating to the same matter as a regulation applicable to the residential low density zones, flag lots, or circulation and connectivity, this section shall prevail.

Front Yard Setback Averaging.

[Ord. No. 2734, Added, 5-2-2017]

Applicability.

The front yard setback averaging required by this subsection 4 shall apply to lots with a lot depth greater than 120 ft.

Exemption: Triangular lots and flag lots are exempt from the requirements of this subsection 4.

Front Yard Setback Averaging.

Front yard setbacks shall conform to the averaging standards in Table 50.05.012-1.

TABLE 50.05.012-1 – FRONT YARD SETBACK AVERAGING
	Non-Corner Lot	Corner Lot
Front Yard Setback [1][2] (See Figure 50.05.012-B)	Average of the setbacks of the closest buildings on the abutting lots on the same block face	Average of 25 ft. and the setback of the closest building on the abutting lot on the same block face
Minimum Front Yard Setback	Where the average is less than 25 ft.: The minimum setback is 25 ft.
Minimum Front Yard Setback	Where the average is more than 40 ft.: The minimum setback is 40 ft.

Notes:
[1]	Abutting flag lots shall not be considered in determining the average. The setback of the next abutting non-flag lot shall apply. See Figure 50.05.012-B.
[2]	If the lot abuts a vacant lot, or there are no abutting lots on the same block face, the setback of the underlying zone shall apply.

Figure 50.05.012-B

Flag Lots.

[Ord. No. 2734, Added, 5-2-2017; Ord. No. 2797, Amended, 11-6-2018]

In addition to the standards in LOC §§ 50.05.012.6 and 50.05.012.7, the following standards apply to flag lots:

Only one flag lot may be created behind a non-flag lot. No flag lot may be created from an existing flag lot.

Access.

Access lanes shall not extend or project through the flag lot to abutting property.

Lot Configuration Requirements.

Determination of Front Yard.

The front yard of a flag lot is measured from the lot line that is most parallel and closest to the street.

Building and Site Design Standards.

Building Orientation.

There is no building orientation requirement.

Maximum Structure Height.

In no case shall the maximum height of structures established pursuant to LOC § 50.07.007.2.e.iii exceed 30 feet.

The additional height allowed pursuant to LOC § 50.07.007.2.e.iii(4) and LOC § 50.04.001.1.g is not permitted.

Limitation on Hardscape Surfaces and Structures (Including Roof Areas).

[Ord. No. 2734, Added, 5-2-2017; Ord. No. 2938, Amended, 4-2-2024]

No more than 50% of the lot may be covered with hardscape surfaces and structures. Exception: Cottage clusters are exempt from impervious surface or hardscape limitations. See LOC 50.03.003.1.d.ii(1) for maximum impervious surface coverage standards applicable to cottage clusters.

The area between the front lot line and the nearest edge of the building footprint shall not be covered by more than 30% of hardscape surfaces and structures.

Figure 50.05.012-C: Limitation on Hardscape Surfaces and Structures

Structure Design.

[Ord. No. 2734, Added, 5-2-2017]

Maximum Permitted Height.

The maximum permitted height for primary structures, regardless of slope, is 30 ft.

Height – Additional Standards.

The additional height allowed pursuant to LOC § 50.04.001.1.g is not permitted.

Side Yard Setback Plane – Interior Yards.

Except as set forth in LOC § 50.06.001.2.e.ii, the side profile of a structure shall fit behind a plane that starts at the side property line and extends upward to 12 ft. and slopes toward the center of the lot at a slope of 6:12 up to the maximum allowed height at the peak.