City of Lake Oswego, OR Development Standards

Applicability.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2599, Amended, 12-18-2012; Ord. No. 2892, Amended, 6-7-2022]

This section is applicable as follows:

TABLE 50.06.001-1: BUILDING DESIGN STANDARDS APPLICABILITY
/A/ = Applicable /blank/ = Not Applicable
Base District	R-15	R-10	R-7.5	R-6	R-5	Additional Standards
Structure Design – Residential Zones 50.06.001.2	A	A	A	A	A [1]	§ 50.05.006, Old Town Neighborhood Design
Garage Appearance and Location 50.06.001.4	A	A	A	A	A	§ 50.05.006, Old Town Neighborhood Design
Zone Additional Standards 50.06.001.3 (R-6)				A
Commercial, Industrial, and Multi-Family Not Located in FMU Zone Standards for Approval 50.06.001.5						A [2][3]
Development Located in FMU Zone Standards for Approval 50.06.001.6						A [4]

Notes:
[1]	Structure design standards only apply to detached single-family dwellings and middle housing, and structures that are accessory to these development types (see LOC § 50.06.001.2.a).
[2]	Ministerial development: development involving mechanical equipment, limited to LOC § 50.06.001.5.b.viii (mechanical equipment screening).
[3]	Minor and major development: development involving a structure for commercial, industrial, institutional, public use (including major public facilities and minor public facilities), multi-family residential, townhouses (three or more units), and to all minor development within the R-DD zone. This standard is also applicable to exterior modifications of a structure which does not qualify as a ministerial development.
[4]	Development involving either mechanical equipment, or development involving structures, or both, including new development and exterior modifications, in the FMU zone.

Structure Design – Residential Zones.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2643, Amended, 11-4-2014; Ord. No. 2732, Amended, 2-21-2017; Ord. No. 2832, Amended, 1-7-2020; Ord. No. 2892, Amended, 6-7-2022; Ord. No. 2938, Amended, 4-2-2024]

Applicability.

In the R-0, R-2, R-3, and R-5 zones, this subsection applies only to the following types of development:

(1)

Detached single-family dwellings;

(2)

Middle housing; and

(3)

Structures that are accessory to these development types listed above.

ii.

This subsection is applicable to all structures in any other base residential districts, except R-W and R-DD.

iii.

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.

iv.

For additions to single-family dwellings that result in the creation of middle housing, this subsection 2.a shall apply only to the newly added and any replaced portion(s) of the structure. Existing nonconforming portions of the structure to remain in place are exempted from the standards of this subsection.

Street Front Setback Plane.

Except as set forth in LOC § 50.06.001.2.d and for flag lots, the profile of a structure that fronts on a street shall fit behind a plane that starts at the setback line (front yard or side yard abutting a street) and extends upward to 20 ft. in height, then slopes toward the center of the lot up to the maximum base height of the zone, as illustrated below in Figure 50.06.001-A: Street Front and Street Side Setback Plane. Except as identified in LOC § 50.06.001.2.d, the finished grade at the foundation shall be used as the grade elevation at the setback line for purposes of measuring the setback plane.

Figure 50.06.001-A: Street Front and Street Side Setback Plane

The slope of the street front setback plane is dependent upon whether it applies to a front yard or side yard abutting a street, as follows:

Front yard – 6:12 slope, or

ii.

Side yard abutting a street – 12:12 slope.

Street Front Setback Plane Exceptions.

Roof Form.

Any individual roof form, such as a dormer or gable end, may penetrate the street front setback plane if it is less than one-third of the structure width, as illustrated in Figure 50.06.001-B: Exceptions to Street Front Setback Plane. Two or more separate and distinct roof forms may penetrate the street front setback plane if they are less than one-half of the structure width. For the purposes of this standard, a projecting dormer(s) must be enclosed in the roof form on at least two sides. All portions of a compliant dormer may project.

Figure 50.06.001-B: Exceptions to Street Front Setback Plane

ii.

Plane Extension Limitations.

Any eaves, bay windows, chimneys and other decorative features, front porch, cornices, eaves, gutters, belt courses, leaders, sills, pilasters, lintels, ornamental features, and other architectural features, canopies, sunshades, chimneys, and flues that are allowed to project into the front yard setback shall fit below the extension of the street front setback plane, as illustrated in Figure 50.06.001-C.

Figure 50.06.001-C: Extension of Street Front Setback Plane

Street Front Setback Plane on Steeply Sloped Lots.

Down Slope.

On steeply sloped lots where the average elevation of the ground surface at the setback line fronting a street is below the average elevation of the centerline of the street, the elevation at which the street front setback plane height is measured shall be the average elevation of the centerline of the street, as illustrated in Figure 50.06.001-D: Street Front Setback Plane on Steeply Sloped Down Slope Lot, below.

Figure 50.06.001-D: Street Front Setback Plane on Steeply Sloped Down Slope Lot

For this measurement, the average elevation of the street centerline shall be measured at points along the street centerline where a perpendicular line extended from the centerline would intersect the abutting property corners, as illustrated in Figure 50.06.001-E: Measurement Locations, below.

Figure 50.06.001-E: Measurement Locations

ii.

Upslope.

The front profile of a structure shall fit behind a plane that starts at the setback line fronting a street and extends upward, to 24 ft. in height, then slopes toward the center of the lot at a slope equal to the slope measured from the lot line abutting a street to the most distant point of the structure for a horizontal distance of ten ft., at which point the structure may rise to the maximum allowed height for the zone. The standard is illustrated in Figure 50.06.001-F: Front Setback Plane on Upslope Lots, below.

Figure 50.06.001-F: Front Setback Plane on Upslope Lots

Side Yard Setback Plane – Interior Yards.

Except as set forth in subsection 2.e.ii of this section, the side profile of a structure shall fit behind a plane that starts at the side property line and extends upward to 12 feet and slopes toward the center of the lot at a slope of 12:12 up to the maximum allowed height at the peak as illustrated in Figure 50.06.001-G: Side Yard Setback Plane, below. The finished grade at the foundation shall be used as the grade elevation at the property line for purposes of measuring the setback plane.

Figure 50.06.001-G: Side Yard Setback Plane

Roof forms may penetrate into the side yard setback plane required under subsection 2.e of this section, as follows:

(1)

Any individual roof form, such as a dormer or gable end, may penetrate the side setback plane if it is less than one-third of the structure length at 12 ft. in height. Two or more separate and distinct roof forms may penetrate the side setback plane if they are less than one-half of the structure length at 12 ft. in height. For the purposes of this standard, a projecting dormer(s) must be enclosed in the roof form on at least two sides. All portions of a compliant dormer may project.

(2)

Building projections allowed under LOC § 50.04.003.8, General Exceptions for Building Projections, Decks, and Walkways and Pathways to Setbacks, may project up to two ft. into the side yard setback plane. Chimneys are exempt from the setback plane requirement.

ii.

On steeply sloped lots, no side yard plane is required.

Side Yard Appearance and Screening.

At least one of the following design treatments shall be applied along side yards or side elevations. This section is applicable to both interior side yards and side yards that abut streets.

Treatment 1 – Maximum Side Yard Plane.

(1)

When the side elevation of a primary structure is more than 500 sq. ft. in area in an R-0, R-2, R-3, R-5, or R-6 zone ("Group 1") or more than 750 sq. ft. in area in an R-7.5, R-10, or R-15 zone ("Group 2"), the elevation must be divided into distinct planes of 500 sq. ft. or less for Group 1or 750 sq. ft. or less for Group 2. For the purpose of this standard, areas of side yard wall planes that are entirely separated from other wall planes are those that result in a change in plane, such as a recessed or projecting section of the structure that projects or recedes at least two ft. from the adjacent plane, for a length of at least six ft.

(2)

Except in the R-0, R-2, R-3, and R-5 zones, the maximum side yard plane may be increased by 10% on a side for every additional five ft. of side yard setback provided beyond the minimum required by the zone, on the side property line.

ii.

Treatment 2 – Side Yard Features.

(1)

The side elevation of a structure shall consist of two or more planes that are offset by a minimum of 16 in. The wall planes shall be a minimum of four ft. in width, and shall result in a change in a wall plane for one full story.

Exception: Window bays may be utilized to satisfy the requirement for offsets. Such windows shall extend a minimum of 12 in. outward from the main wall of a building and shall form a functional bay or alcove in an interior room. Bay windows used to meet this requirement shall not be exempt from setback requirements.

(2)

Walls shall include a roof eave overhang of 16 in. or greater, and

(3)

Windows and/or doors shall occupy a minimum of 15% of the side elevation facing the street, and all windows shall have a window trim that is a minimum of four in. in width.

iii.

Treatment 3 – Screening.

The applicant shall provide screening and buffering of the wall plane with a minimum of one standard plant unit for every 50 linear ft. of side building elevation or fraction thereof. Planting shall occur within an area that is defined by the length of the side elevation plus 20 ft. beyond the width of the building at either end, and outward 20 ft. from the side elevation of the building, towards the side lot line, as shown in Figure 50.06.001-H: Screening and Buffering.

Figure 50.06.001-H: Screening and Buffering

Standard Plant Units are defined in Table 50.06.001-2. All landscape plants shall be grouped and clustered within the side yard to visually break up wall planes into smaller segments.

TABLE 50.06.001-2: STANDARD PLANT UNITS
Standard Plant Unit Alternative	Quantity – Minimum Size and Type of Plants Required	Illustration
Standard Unit A	1 – 3" caliper canopy tree 2 – 1-1/2" caliper under story tree 13 – 3' high shrubs
Standard Unit B*	1 – 3" caliper canopy tree 1 – 1-1/2" caliper under story tree 1 – 6' high evergreen tree 11 – 3' high shrubs
Standard Unit C*	2 – 1-1/2" caliper under story tree 3 – 6' high evergreen trees 7 – 3' high shrubs
Standard Unit D**	2 – 3" caliper canopy tree 3 – 3' high shrubs
Standard Unit E*	Minimum 10' long trellis, arbor, or pergola (minimum 6' tall) 1 – 1-1/2" caliper under story tree 10 – climbing plants (native)

Notes:
*Preferred for year around screen.
**May be required where vision clearance is required for safe automobile operation.
Existing landscaping may be used to meet the screening requirement provided the landscaping meets the minimum size requirements set forth above or if multiple plants exist, the caliper, dimensions, and sizes of plants cumulatively meet the cumulative minimum sizes required.

(1)

To use the screening option, the following standards must exist or be provided:

(a)

A minimum distance of 15 ft. between dwellings,

(b)

Columnar tree species shall be used when the setback is less than ten ft., and

(c)

Root barrier techniques shall be used to avoid root growth damage to foundations.

Corner Lots – Side Yards That Abut Streets.

As an alternative to the treatments set forth in this subsection 2.f, Side Yard Appearance and Screening, on a corner lot, either of the following treatments can be used for the side elevation that abuts a street:

Corner Treatment 1 – Covered Side Porch.

The side yard elevation shall include a covered porch. The porch shall be a minimum of 80 sq. ft. in area, a minimum of five ft. deep, and shall extend along a minimum of 25% of the side elevation that faces the street. The porch must meet setbacks.

ii.

Corner Treatment 2 – Balcony.

The side yard elevation shall include a second floor balcony. The balcony shall be a minimum 30 sq. ft. in area, and a minimum of three ft. deep. The balcony may encroach four ft. into the setback.

Long Wall Planes.

To break up building mass and provide greater privacy on narrow lots, on a lot that has greater than 2.5:1 ratio of lot depth to the average of the lengths of the front and rear setback lines, no portion of a residential structure shall exceed 18 ft. high for a cumulative length greater than 60 ft., unless the excess portion of the residential structure more than 18 ft. high beyond the 60 ft. cumulative length is set back not less than 20 ft. from the side lot lines. This is illustrated in Figure 50.06.001-I: Changes to Wall Planes, below.

Figure 50.06.001-I: Changes to Wall Planes

Rooftop Decks.

Rooftop decks are prohibited on the pitched portion of any roof exceeding 2% slope. Decks on flat roofs shall not extend above the coping of the roof.

R-6 Residential Zone Additional Requirements.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2612-A, Amended, 5-21-2013; Ord. No. 2648, Amended, 2-17-2015; Ord. No. 2840, Amended, 6-16-2020; Ord. No. 2892, Amended, 6-7-2022]

Roof Design.

The minimum roof pitch for primary roof forms of a single-family or middle housing dwelling shall be 6:12. Shed type and flat roofs are not permitted as primary roof forms on single-family or middle housing dwellings. Secondary roof forms, such as sunrooms, balconies, dormers, porticos, or bays, may be flat or shed roof types. See Figure 50.06.001-J: Identification of Primary and Secondary Roofs.

Figure 50.06.001-J: Identification of Primary and Secondary Roofs?

ii.

Roof pitch on an accessory structure shall either match the pitch of the primary structure or be a minimum pitch of 6:12.

Front Porch Required.

All new primary structures shall include a covered front porch at an entry. When applied to cottage clusters, this standard applies to cottages for which there are no other structures between it and the front lot line.

ii.

The porch shall have a minimum depth of six ft. and a minimum width of either 50% of the building width, as measured within 40 ft. of the front lot line, or 15 ft., whichever is greater. See Figure 50.06.001-K: Minimum Front Porch Width.

iii.

On corner lots, the covered front porch and entry shall be provided on the narrow street frontage. On lots with more than two street frontages, the front porch and entry shall be provided on the front yard providing the full depth required by the zone, as determined by LOC § 50.04.003.6.

iv.

The covered front porch shall be open and unobstructed by structures on the side of the porch that faces the narrow street, except for porch supports and railings. Porch supports shall be provided on the front porch and shall be wood or masonry or a solid material with the appearance of wood or masonry. Railings shall not exceed 44 in. in height or the minimum height required by the building code, whichever is greater.

A pedestrian path shall provide direct access from the front porch to the public street/ sidewalk. On corner lots, the pedestrian path shall connect to the public street/sidewalk on the narrow street frontage.

Figure 50.06.001-K: Minimum Front Porch Width

Alleys.

Alleys shall be surfaced in the following manner:

Alleys that serve single-family or middle housing residences only shall be paved with gravel or permeable material.

ii.

Alleys that serve commercial or multi-family development, major public facilities structures, or institutional uses shall be paved with asphalt or concrete.

Street Trees.

Two street trees for every 50 ft. of street frontage are required as a condition of approval of a new structure. Existing street trees can be counted in order to comply with this requirement, as long as the type, location and viability of the existing trees are sufficient to provide a full street-scape of trees.

Garage Appearance and Location.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2643, Amended, 11-4-2014; Ord. No. 2840, Amended, 6-16-2020; Ord. No. 2892, Amended, 6-7-2022; Ord. No. 2938, Amended, 4-2-2024]

R-0, R-2, R-3, R-5, R-7.5, R-10, and R-15 Residential Zones.

The following standards for garage appearance and location shall be applicable:

Applicability Limited to Dwelling Type in the R-0, R-2, R-3 and R-5 Zones.

The garage appearance and location standards of this section shall apply to the following types of development:

(1)

Detached single-family dwellings; and

(2)

Middle housing.

ii.

Garage Wall Facing Street.

When a garage has wall(s) other than the wall containing the garage opening facing a street, these wall(s) shall have more than one plane or shall include fenestration equal to at least ten percent of the garage wall.

iii.

Garage Design Requirements Due to Location.

The standards in subsection 4.a.iv of this section shall not apply in any one of the following circumstances:

(1)

The garage is 20 ft. or more back from:

(a)

The point of the dwelling closest to the front lot line, and

(b)

If applicable, the point of the dwelling closest to the street side yard line;

(2)

The garage is side-loading;

(3)

The garage is rear-loading;

(4)

The lot is a steeply sloped lot; or

(5)

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

Figure 50.06.001-L: Garage Design Requirements

iv.

Garage Location and Appearance.

The garage shall comply with subsections 4.a.iv(1) through (3) of this section:

(1)

Maximum Garage Width.

(a)

For lots with a width of 50 ft. or more, garage openings shall not occupy more than 60% of the width of the combined facade of the dwelling and garage.

(b)

For lots with a width of less than 50 ft., garage openings may occupy up to 75% of the width of the front facade of the dwelling and garage when the following criteria are satisfied:

(i)

The total combined width of all garage openings does not exceed 36 ft.;

(ii)

Living area is provided above the garage. The front facade of the living area must have fenestration that is not less than 20% of the facade; and

(iii)

The garage location and appearance standards in Table 50.06.001-3, below.

TABLE 50.06.001-3: GARAGE LOCATION AND APPEARANCE STANDARDS
Width of Garage as Percent of Front Facade	Minimum Garage Setback § 50.06.001.4.a.iv(2)	Minimum Number of Garage Appearance Standards § 50.06.001.4.a.iv(3)
Less than 30%	None	2
30% to 60%	2 ft.	3
60% to 75%	4 ft.	4

(2)

Minimum Garage Offset from Dwelling.

(a)

If the width of the garage is less than 30% of the width of the front facade of the dwelling, then the garage shall not be located closer to the street than the dwelling. For the purpose of meeting this subsection, the exterior wall of at least one room of habitable space, other than any habitable space above the garage, shall be located closer to the street than the garage door. Habitable space above a garage shall be considered an acceptable method of meeting this standard for remodeling projects involving homes built prior to August 2004 in the R-5, R-7.5, R-10, and R-15 zones, and July 1, 2010, in the R-0, R-2, and R-3 zones.

(b)

If the width of the garage exceeds 30% of the width of the front facade of the building, then the garage must set back further from the front lot line than the dwelling. The minimum additional garage setback is provided in Table 50.06.001-3.

(c)

If the garages for the units are adjacent to one another, the horizontal planes of the garage doors shall be offset no less than two ft.

(3)

Garage Appearance Standards.

Garages shall comply with a minimum number of the following appearance standards intended to minimize the appearance of the garage. The minimum number of appearance standards that must be met is provided in Table 50.06.001-3.

(a)

Provide individual garage doors, not to exceed 75 sq. ft. each, for each parking stall.

(b)

Provide separate garage openings offset from one another by at least two ft. horizontally.

(c)

Provide windows on each garage door that make up a minimum of 15% of the area of the door.

(d)

Provide a decorative trellis, pergola, or other feature that will provide a shadow line giving the perception that the garage opening is recessed. The feature shall be provided across the top and along the width of the garage door(s) and shall be at least 12 in. deep and six ft. tall.

(e)

Provide a covered porch that occupies at least 25% of the combined facade of the dwelling and garage.

(f)

Provide a patio with a surrounding screening wall at a height of four ft. located between the front of the house, the garage, and the public right-of-way. The enclosure shall consist of wood, wrought iron, brick, stucco, stone, or other masonry fencing (excluding concrete block) and include an operable entryway gate as shown in Figure 50.06.001-L: Garage Design Requirements.

Multiple Garage Opening Setbacks.

In any instance where a garage or a set of adjacent garages is designed to park three or more vehicles, only the garage openings for the first two vehicles may occupy the same building plane. Each additional building plane with a garage opening shall be offset by a minimum of two feet from the previous garage building plane.

Exceptions:

(1)

The lot is a steeply sloped lot;

(2)

The width of a parcel is less than 50 feet; or

(3)

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

R-6 Residential Zones.

In addition to compliance with the accessory structure setback requirements in LOC § 50.04.001.2, a garage shall comply with the following requirements:

Access.

(1)

Garages shall be accessed from an alley, if available.

(2)

If a property is located on a corner lot, garages may also be accessed from the street that abuts the side of the primary dwelling when the following criteria are met:

(a)

The garage is located between the primary structure and the alley, if an alley abuts the lot;

(b)

The garage is set back a minimum of 15 ft. from the side street property line; and

(c)

The garage is set back a minimum of two ft. from a line extended from the side elevation of the primary dwelling to the rear lot line, and behind the primary structure. See Figure 50.06.001-M: Front Porch and Garage Measurements.

Figure 50.06.001-M: Front Porch and Garage Measurements

ii.

Garage Wall Facing Street.

When a garage has a wall(s) facing a street other than the wall containing the garage opening, these wall(s) shall have more than one plane or shall include fenestration equal to at least ten percent of the garage wall.

iii.

Garage Width.

(1)

For interior lots, garages shall be located so that the garage is set back a minimum of 15 ft. behind the front yard setback line of the house (excluding a porch). See Figure 50.06.001-M: Front Porch and Garage Measurements.

(2)

Where no alley access is available, the garage shall comply with the following standards:

(a)

For lots with a width of 50 ft. or more, the garage opening shall not occupy more than 60% of the width of the combined facade of the dwelling and garage.

(b)

For lots with a width of less than 50 ft., garages may occupy up to 75% of the width of the combined front facade of the dwelling and garage when the following criteria are satisfied:

(i)

The total combined width of all garage doors does not exceed 36 ft.; and

(ii)

Living area is provided above the garage. The front facade of the living area must have fenestration that is not less than 20% of the facade.

(c)

If the garages for the units are adjacent to one another, the horizontal planes of the garage doors shall be offset no less than two ft.

iv.

Garage Location and Appearance.

(1)

Minimum Garage Offset from Dwelling.

(a)

(b)

(2)

Garage Appearance Standards.

(a)

Provide individual garage doors, not to exceed 75 sq. ft. each, for each parking stall.

(b)

Provide separate garage openings offset from one another by at least two ft. horizontally.

(c)

Provide windows on each garage door that make up a minimum of 15% of the area of the door.

(d)

(e)

Provide a covered porch that occupies at least 25% of the combined facade of the dwelling and garage.

(f)

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

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2526, Amended, 12-18-2012; Ord. No. 2599, Amended, 12-18-2012; Ord. No. 2612-A, Amended, 5-21-2013; Ord. No. 2723, Amended, 10-18-2016; Ord. No. 2851, Amended, 9-15-2020; Ord. No. 2884, Amended, 4-5-2022; Ord. No. 2892, Amended, 6-7-2022; Ord. No. 2909, Amended, 2-7-2023]

Applicability.

This standard is applicable in all zones except the FMU zone to:

Ministerial development: development involving mechanical equipment, limited to LOC § 50.06.001.5.b.viii (mechanical equipment screening); and

ii.

Minor and major development: development involving a structure for commercial, industrial, institutional, public use (including major public facilities and minor public facilities), private recreational use, multi-family residential, townhouses (three or more units), and to all minor development within the R-DD zone. This standard is also applicable to exterior modifications of a structure which does not qualify as a ministerial development pursuant to LOC § 50.07.003.13.a.ii(3).

Design Standards.

Buildings shall be designed and located to complement and preserve existing buildings, streets and paths, bridges and other elements of the built environment, and to assure accessibility for bicyclists, pedestrians, and users of other transportation modes.

Design buildings to be complementary in appearance to adjacent structures of good design that, if newly constructed, would either be subject to this standard or to a design overlay building design standard with regard to:

(1)

Materials;

(2)

Setbacks (for retail/commercial part specifically);

(3)

Rooflines;

(4)

Height; and

(5)

Overall proportions.

Exceptions:
(1)	This standard does not apply to seasonal restaurant enclosures.
(2)	If there are existing buildings on a multibuilding site, the new building is exempt from this standard and must comply with subsection 5.b.ii of this section.

ii.

Where existing buildings are to remain on site, new development shall be designed to:

(1)

Integrate the remaining buildings into the overall design; or

(2)

Provide separate landscaping, remodeling or other treatment which establishes a distinct character and function for the remaining buildings.

Where a residential building is to remain, a lot meeting the zone requirements must be provided.

iii.

Design bus shelters, drinking fountains, benches, mailboxes, etc., to be complementary in appearance to buildings.

iv.

Design those elements listed below to be complementary in appearance to those buildings or structures upon which they are associated:

Awnings

Chimneys

Decks and railings

Doors

Downspouts

Foundations

Lights

Mailboxes

Mechanical equipment

Signs

Stairs

Utility connections and meters

Vents

Windows

Weather vanes, aerials, and other appendages attached to the roof or projecting above the roofline

Design awnings, seasonal restaurant enclosures, signs, and lights to define the first floor or retail cornice height.

vi.

Use trees and other natural elements to help define building proportion relationships and to provide scale to the structure as a whole.

vii.

Limit the variety of styles of building elements.

viii.

Screen mechanical equipment from view, or place in locations where they will generally not be visible.

Buildings shall be designed and located to complement and preserve existing natural land forms, trees, shrubs and other natural vegetation.

Consider land forms and trees as design elements which must relate to building elevations to determine scale and proportion.

ii.

Design foundations to match the scale of the building being supported. Berming, resiting, or sheathing the foundation structure with wall siding are examples of methods which accomplish this purpose.

iii.

Use decks, railings, and stairs to relate a building to the contours of the land.

Building shall be designed and constructed to reduce noise impacts on interior occupied spaces and adjacent property.

Use solid barriers such as fences, berms, natural land forms and structures to reduce sound levels. The effectiveness of the barrier increases as barrier height increases and as it is moved closer to either the source or the receiver.

ii.

Minimize the window surface on sides facing adverse sound sources, where possible.

iii.

Mechanical equipment, including heat pumps and air conditioning equipment, shall meet the required setbacks of the zone and be located so that operating noise does not affect use of living areas such as bedrooms, outdoor decks or patio areas and adjacent property.

Buildings shall be designed and constructed with roof angles, overhangs, flashings, and gutters to direct water away from the structure.

Buildings shall incorporate features such as arcades, roofs, alcoves, porticos and awnings to protect pedestrians from the elements. These projections shall maintain a minimum vertical clearance of 13 ft. six in. where over fire lanes.

Building orientation shall be designed to encourage pedestrian access from public streets and make the street pedestrian friendly.

Applicability.

(1)

This subsection shall apply to:

(a)

New construction, including removal of existing buildings and construction of new buildings within existing footprint; and

(b)

Modifications of existing buildings that are not removed and reconstructed, and that expand the building footprint by more than 50% as measured cumulatively from the footprint existing on December 6, 2005.

(2)

This subsection is not applicable to construction or modifications of structures in the PF and PNA zones where conformance to this standard conflicts with the operational needs of the use, or to nonhabitable buildings.

ii.

Building orientation shall include:

(1)

Locating buildings within 30 ft. of a public street except where 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.

(2)

Buildings located on sites with multiple frontages on public and/or transit streets shall provide at least one public entrance within 30 ft. of the transit street.

(3)

Buildings located on sites adjacent to a transit street shall have at least one public entrance within 30 ft. of the transit street.

(4)

Buildings that are within 30 ft. of a public street shall have a public entrance directly from the street.

[Cross-Reference: Parking garages, see LOC § 50.06.002 – Parking.]

Rooftop Decks.

Rooftop decks are prohibited on the pitched portion of any roof exceeding 2% slope. Decks on flat roofs shall not extend above the coping of the roof.

Development in the FMU Zone Standards for Approval.

[Ord. No. 2599, Added, 12-18-2012]

Applicability.

This standard is applicable to all development involving mechanical equipment and development involving structures in the FMU zone, including new development and exterior modifications.

Design Standards.

Structures shall be designed and located in accordance with the FMU Building Design Standards, LOC § 50.11.007, Appendix G.

Clear and Objective Housing Standards for Approval.

[Ord. No. 2651, Added, 2-17-2015; Ord. No. 2667, Amended, 10-20-2015; Ord. No. 2832, Amended, 1-7-2020]

Purpose.

The following standards are intended to promote well-designed structures that include housing. By compliance with the clear and objective standards of this article, the following purposes will be met:

The structures will be constructed with high quality, durable materials, and have visually interesting and attractive building facades that respond to the individual identity and character of Lake Oswego’s commercial centers, employment districts, and neighborhoods.

ii.

The building, site, and landscape elements will create a cohesive design that is contextually appropriate, maintains compatibility between land uses (including visual, sound, and other considerations), and is reasonably accessible to bicyclists, pedestrians, and users of other transportation modes.

Clear and Objective Track 2 Alternative Applicability.

Development that complies with subsection 7.b.ii of this section may comply with this article in lieu of compliance with LOC §§ 50.06.001.1 through 50.06.001.6.

ii.

This article is applicable in all zones except the FMU zone to development that creates new dwelling units involving a residential mixed use, multi-family, or attached single-family (three or more units) residential structure.

Design Standards.

New buildings shall meet the following massing and compositional standards. The standards achieve the above purpose by requiring buildings to be articulated, avoiding large uninterrupted wall planes; have detailing that creates visual interest with appropriate proportions, rhythm, and scale; utilize attractive, high quality materials that are durable; and employ architectural styles that are contextually appropriate.

Standards for Multi-Family and Residential Mixed Use Structures.

Figure 50.06.001-N: Multi-Family and Residential Mixed Use Building Articulation

(1)

Building Articulation.

Multi-family and residential mixed use structures shall comply with the following standards (also see Figure 50.06.001-N):

(a)

All building elevations facing a street, public courtyard or plaza shall be articulated along all stories by providing a minimum two-ft. horizontal change in building plane at least every 30 ft. For elevations not facing a street, public courtyard or plaza, articulation shall occur at least every 40 ft. For each story over two stories, the required horizontal change shall be increased by one ft. A change in plane shall be provided through at least two of the following:

(i)

Projecting bays measuring at least six ft. in width.

(ii)

Building recesses measuring at least six ft. in width.

(iii)

Upper level balconies (projecting or recessed), measuring at least four ft. in width and projecting not more than two ft. beyond the building facade.

(iv)

Front porch or stoop projections, measuring at least six ft. in width.

(v)

Recessed building entries measuring at least six ft. in width.

Ground floors providing commercial uses are exempt from this requirement; they must comply with the standards for building facade elements in subsection 7.c.i(2) of this section.

(b)

Roofline articulation shall be provided in a manner that corresponds with the facade articulation. This shall be accomplished by providing the following roofline or roof form elements at least every 30 ft., as viewed from adjacent street(s), public courtyards, and plazas.

(i)

Roofline articulation shall include gables, dormers, offsets in ridgeline, stepped parapets, cornice lines, or changes in roofline elevation.

(ii)

The distance between rooflines where articulation occurs shall be measured from the center point of the street-facing gable, dormer, or offset, to the center point of the next street-facing gable, dormer, or offset, or to the edge of the roof if that is the next closest break in the roofline (see Figure 50.06.001-N).

(c)

Ground floor entries to individual residential units shall provide a covered front porch, or a front entry that is recessed a minimum of two ft. behind the front building facade.

(d)

Primary building entries (including shared entries to residential units) shall provide an awning or canopy, or be recessed a minimum of two ft. behind the front building facade.

(2)

Building Facade Elements.

The front building elevation of multi-family and residential mixed use structures with multiple stories shall meet the following standards, which are intended to avoid large uninterrupted wall planes and provide a defined building base, middle, and top as follows. Single-story multi-family and residential mixed use structures shall provide a defined building base and top (see Figure 50.06.001-O).

Figure 50.06.001-O: Building Facade Elements

(a)

Base: The "base" of a multi-story building extends from the sidewalk or landscape grade, as applicable, to the bottom of the second story or the belt course/string course/cornice that separates the ground floor from the upper levels of the building. The base of a single-story building extends from the sidewalk or landscape grade, as applicable, to the ceiling. The building base shall be defined by providing the following elements:

(i)

All ground floor building entries shall be protected from the weather by canopies, or recessed behind the front building facade at least two ft.

(ii)

Buildings providing a ground floor commercial component shall provide all of the following additional elements:

(A)

The street-facing ground floor shall be divided into distinct architectural bays measuring not more than 30 ft. on center. An architectural bay is the zone between the outside edges of an engaged column, pilaster, post, or vertical wall area that provides a ground floor windowsill/base.

(B)

A belt course/string course/cornice shall separate the ground floor from upper floors.

(C)

Weather protection shall be provided in the form of structurally integrated canopies, awnings or projecting roof or arcade along a minimum of 50% of the length of the street-facing ground floor facade. Canopies shall project at least four ft. from the facade or half the width of the sidewalk/pathway, and shall provide a minimum clearance of seven ft. from the bottom of the awning/canopy to the sidewalk. Canvas awnings are not permitted.

(D)

Storefront windows ("glazing") with not less than 40% visual light transmittance shall be provided on a minimum of 60% of the street-facing ground floor building facade. The bottom edge of windows shall be constructed at or between 12 in. and 30 in. above the abutting walkway surface. Minimum glazing includes any glazed portions of doors.

(b)

Middle: The “middle” of the building extends from the top of the belt course/string course/cornice at the top of the building base to the ceiling of the highest building story. The middle of the building shall be defined by providing all of the following elements:

(i)

A minimum of 60% of all upper story windows shall be vertically oriented, with a minimum vertical to horizontal dimension ratio of 1.5:1. This vertical orientation applies to individual windows, as opposed to grouped window arrays as illustrated in Figure 50.06.001-O.

(ii)

Upper building stories shall provide a minimum of 30% glazing on upper level building facades facing a street or public space. For the purposes of this standard, minimum glazing includes any glazed portions of doors.

(iii)

In addition to the required “middle” elements outlined above, two of the following building elements shall be provided in the middle section:

(A)

A change in exterior cladding or detailing and material color between the ground floor and upper floors.

(B)

Street-facing balconies or decks.

(C)

A six-ft. minimum building step back on upper floors.

(c)

Top: The “top” of the building extends from the ceiling of the uppermost floor to the highest vertical point on the roof of the building. The top of the building shall be defined as follows:

(i)

All flat-roofed structures shall provide a cornice or parapet measuring at least 12 in. in height and distinguished from the wall plane either with a minimum six-in. projection or a change in building material and/or color.

ii.

Standards for Townhouse/Rowhouse Structures.

Figure 50.06.001-P: Townhouse/Rowhouse Building Articulation

(1)

All building elevations facing a street or public space shall be articulated along all stories by providing a minimum two-ft. horizontal change in building plane between abutting dwelling units (or units sharing a common wall). A change in plane shall be provided through at least two of the following:

(a)

Projecting bays measuring at least six ft. in width.

(b)

Building recesses measuring at least six ft. in width.

(c)

Upper level balconies (projecting or recessed), measuring at least four ft. in width and projecting not more than two ft. beyond the building facade.

(d)

Front porch or stoop projections measuring at least six ft. in width.

(e)

Recessed building entries measuring at least six ft. in width.

(2)

(a)

Roofline articulation shall include gables, dormers, offsets in ridgeline, stepped parapets, cornice lines, or changes in roofline elevation.

(b)

(3)

The front entry to each individual unit shall either provide a covered porch or stoop that is at least six ft. in depth, or be recessed at least two ft. into the front building elevation.

(4)

All building elevations facing a street or public space shall provide a minimum of 25% glazing. Glazing may be provided in windows or doors.

iii.

Rooftop mechanical equipment shall be screened by either a parapet or architectural screen along the building facade that is at least as tall as the equipment, or by setting back the equipment from the roof edges at least 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 standards of LOC § 50.04.003.4.b.

Buildings shall be designed and constructed with roof angles, overhangs, flashings, and gutters to direct water away from the structure.

(Reserved)

Building orientation shall be designed to encourage pedestrian access from public streets and make the street pedestrian friendly.

Applicability. This subsection shall apply to:

(1)

New construction, including removal of existing buildings and construction of new buildings within existing footprint; and

(2)

ii.

Building orientation shall include:

(1)

(2)

Buildings located on sites with multiple frontages on public and/or transit streets shall provide at least one public entrance within 30 ft. of the transit street.

(3)

Buildings located on sites adjacent to a transit street shall have at least one public entrance within 30 ft. of the transit street.

(4)

Buildings that are within 30 ft. of a public street shall have a public entrance directly from the street.

Rooftop Decks.

Rooftop decks are prohibited on the pitched portion of any roof exceeding 2% slope. Decks on flat roofs shall not extend above the coping of the roof.

§ 50.06.002 Parking.

Applicability.

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

The provisions of this section shall apply to all development which generates a parking need. This shall include the construction of new structures, the remodeling of existing structures and a change of use which increases on-site parking or loading requirements or which changes access requirements.

[Cross-Reference: LOC § 50.06.002.3.b – Parking Standards in R-6 Zone.]

Standards for Approval.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2526, Amended, 12-18-2012; Ord. No. 2599, Amended, 12-18-2012; Ord. No. 2639, Amended, 6-3-2014; Ord. No. 2643, Amended, 11-4-2014; Ord. No. 2648, Amended, 2-17-2015; Ord. No. 2668, Amended, 12-1-2015; Ord. No. 2707, Amended, 5-17-2016; Ord. No. 2783, Amended, 6-19-2018; Ord. No. 2784, Amended, 7-3-2018; Ord. No. 2832, Amended, 1-7-2020; Ord. No. 2851, Amended, 9-15-2020; Ord. No. 2853, Amended, 11-3-2020; Ord. No. 2892, Amended, 6-7-2022; Ord. No. 2938, Amended, 4-2-2024]

Vehicle Parking.

Required parking spaces shall be available for the parking of operable passenger vehicles of residents, customers, patrons and employees and shall not be used for the storage of vehicles or materials or for the loading and unloading or parking of vehicles used in conducting the business or use.

Editor’s note – EV charging capacity: Electrical service capacity for vehicle charging in the garage or parking area of newly constructed buildings is required per ORS 455.417(2), OAR 918-460-0200 and/or 660-012-0410:
•	Multi-family residential and mixed-use buildings with five dwelling units – 40% of vehicle parking spaces; and
•	Private commercial buildings – 20% of vehicle parking spaces.
(This will be reviewed by the Building Dept. at time of building plan review.)

ii.

Number of Required Parking Spaces.

The number of required parking spaces under this Article shall be determined by either the Numerical Method (subsection 2.a.ii(1) of this section) or the Parking Study Method (subsection 2.a.ii(2) of this section).

(1)

Numerical Method.

Refer to Tables 50.06.002-1, 50.06.002-3 and 50.06.002-4 to determine the number of parking spaces required. The minimum number of parking spaces specified for each type of use shall include reductions to parking requirements pursuant to subsection 2.a.v(1) of this section and Table 50.06.002-3.

TABLE 50.06.002-1: NUMERICAL METHOD OF DETERMINING MINIMUM PARKING SPACES REQUIRED
Determine:	Method of Determining:
Floor Area Amount	From Table 50.06.002-3, determine if floor area is used to calculate the number of parking spaces required for the use(s). (Floor Area per Parking Space)
Number of Employees	Determine number of full-time, temporary, part-time and contract employees, or independent contractors, if employee count is used in Table 50.06.002-3 to calculate the number of parking spaces required. (Employee Per Space amount)
Gross Parking Requirement	1. Multiply the adjusted Floor Area Amount by the Floor Area per Parking Space.
	2. Multiply the Number of Employees by the Employee Per Space amount.
	3. Add the results of (1) and (2) above together.
Reductions	1. See Table 50.06.002-4 for possible reductions.
Reductions	2. Apply reduction percentages to Gross Parking Requirement.
Mixed Uses	The total requirements for mixed uses on a site shall be the sum for the various uses computed separately.
Rounding	Any fractional space amount determined following the application of Reductions and Mixed Uses above shall be rounded up to the next highest whole space.
Minimum Parking Requirement	The minimum parking requirement is the "rounded" number above.

(2)

Parking Study Method.

Use the parking study methodology for determining the parking needs of the proposed use as provided in subsection 2.a.ii(6) of this section.

(3)

Except for residential parking requirements, the maximum number of parking spaces shall not exceed either 125% of the number of parking spaces required under Table 50.06.002-3 (without applying the Parking Requirement Modifiers, Table 50.06.002-4), or the required number of parking spaces determined by the Parking Study Method above.

(4)

Maximum Number of Parking Spaces.

TABLE 50.06.002-2: MAXIMUM OFF-STREET PARKING SPACE REQUIREMENTS
Zone	Type of Use	Maximum Number of Parking Spaces
FMU	Nonresidential	3 spaces per 1,000 sq. ft. G.F.A.
	Commercial Residential	1 space per room
	Residential	1.6 spaces per dwelling unit
Other Zones	Nonresidential	Either 125% of the number of parking spaces required under Table 50.06.002-3 (without applying the Parking Requirement Modifiers, Table 50.06.002-4) or the required number of parking spaces determined by the Parking Study Method.
Other Zones	Residential	No maximum

(5)

Handicapped parking and ramps shall be provided in accordance with the Uniform Building Code.

(6)

When Use Not Expressly Listed.

When the proposed use is not expressly listed within Table 50.06.002-3, the minimum number of required parking spaces shall be determined by using either "the use most similar" to the proposed use or a parking study, pursuant to Table 50.06.002-3(H). If the applicant elects to determine the number of parking spaces required by a parking study, the parking study shall comply with the following:

(a)

The total number of parking spaces required shall equal the number of spaces determined to be necessary to accommodate the average peak parking demand generated by the business or development use(s). "Peak parking demand" means the maximum number of parking required during the hours for the normal use of the development or business. The parking study shall be conducted by a registered traffic engineer.

(b)

In preparing the parking study, the traffic engineer shall consider relevant references, guides, and factors that aid in the average peak parking demand determination. Such references, guides, and factors may include, but are not limited to:

(i)

The factors and considerations recommended by the ITE Industry Standards.

(ii)

Availability and projected use of alternative transportation modes (common-use vehicle, carpooling, bicycle, pedestrian, transit, etc.).

(iii)

Parking demands at similar types of facilities, in similar types of locations, either within the City or elsewhere.

(c)

Notwithstanding any other provision of this Code to the contrary, the minimum number of parking spaces determined to be necessary pursuant to this subsection shall not be eligible for reduction pursuant to subsection 2.a.v(1) of this section or Table 50.06.002-4.

TABLE 50.06.002-3: MINIMUM OFF-STREET PARKING SPACE REQUIREMENTS
Type of Use	Parking Space Required [1] See Editor’s note following table regarding LCDC Rules reducing minimum off-street parking spaces requirements based on types of use or distance from transit.
FOOTHILLS MIXED USE ZONE
1. Residential Use	0.5 space per dwelling unit
2. Commercial Residential Use	1 space per room
3. Nonresidential Use (commercial, industrial, institutional, etc.)	1 space per 1,000 sq. ft. G.F.A.
OTHER AREAS
(A) RESIDENTIAL
1. Single-family dwelling and middle housing	1 space per dwelling unit
2. Accessory dwelling unit	None (ORS 197.312(5)(b))
3. Multi-family	25% of the required parking for multi-family use shall be located to provide for common or visitor use
i. Studio/efficiency	1 space per unit
ii. 1 bedroom	1.25 spaces per unit
iii. 2 or more bedrooms	1.5 spaces per unit
4. Rooming and boarding house; bed and breakfast	1 space per each guest room plus 1 for owner
(B) COMMERCIAL RESIDENTIAL
1. Hotel or motel	1 space per unit
2. Assisted living facility	0.5 space per unit plus 1 per 3 employees
3. Hospital	1.5 spaces per bed
(C) PLACES OF PUBLIC ASSEMBLY
1. Churches, clubs, lodges, meeting rooms, and auditoria	1 space per 4 seats of maximum capacity, or 1 space per each 5 occupants based on maximum capacity as calculated under the provisions of the Uniform Building Code
2. Library, reading room, museum, art gallery	1.88 spaces per 1,000 sq. ft. plus 1 space per 2 employees on the peak shift
3. Nursery, day or child care facility, kindergarten	2.5 spaces per 1,000 sq. ft. G.F.A.
4. Elementary or middle school or equivalent private or parochial school	16.6 spaces per 1,000 sq. ft. G.F.A in the auditorium or 2 spaces per classroom, whichever is greater
5. Senior high and equivalent private or parochial school	0.2 spaces per number of students and staff
6. College; commercial school for adults	3 spaces per 1,000 sq. ft. G.F.A. (excluding dorms)
(D) COMMERCIAL AMUSEMENTS
1. Stadium, arena, theater	1 space/4 seats (fixed seating)
2. Bowling alley	3 spaces per lane plus 0.5 space per employee
3. Sports club/recreation facilities, including billiard and pool parlors, video arcades, dance hall, gymnasium, health club	2 spaces per 1,000 sq. ft. G.F.A.
(E) COMMERCIAL
1. Office, including business and management services except medical or dental	3.33 spaces per 1,000 sq. ft. G.F.A.
2. Medical and dental offices or clinics including accessory laboratories for medicine, dentistry, veterinarian practice or other practices of the healing arts	3.9 spaces per 1,000 sq. ft. G.F.A.
3. Bank	2.5 spaces per 1,000 sq. ft. G.F.A.
4. Supermarket	2.9 spaces per 1,000 sq. ft. G.F.A.
5. Convenience food store	2.2 spaces per 1,000 sq. ft. G.F.A.
6. Specialty food stores, such as coffee, bagels, juice bars (take-out food/drink primarily) [2]	6.6 spaces per 1,000 sq. ft. G.F.A.
7. Eating or drinking establishment [2]	13.3 spaces per 1,000 sq. ft. G.F.A.
8. Eating or drinking establishment with drive-up window [2]	9.9 spaces per 1,000 sq. ft. G.F.A.
9. Barber shop, beauty salon, personal care services, such as nail, tanning, and therapeutic massage salons	4 spaces per 1,000 sq. ft. G.F.A. plus 0.5 space per station
10. Retail sales and rentals, except as otherwise specified herein [3]	3.3 spaces per 1,000 sq. ft. G.F.A.
11. Heavy equipment rentals, such as yard and tool equipment	1 space per 1,000 sq. ft. G.F.A. plus 0.5 per employee
12. Service or repair shop, such as electronic and home appliance repair, upholstery	1.6 spaces per 1,000 sq. ft. G.F.A.
13. Automotive repair garage and service station	1.6 spaces per 1,000 sq. ft. G.F.A. plus 0.5 per employee
14. Mortuary	1 space per 5 seats based on maximum auditorium capacity plus 1.5 space per employee
15. Martial arts, music, dance, gymnastics, yoga studios	1 space per 100 sq. ft. G.F.A. of lesson activity floor area, plus 0.5 space per employee
(F) BULK MERCHANDISE
1. Furniture, appliance store building materials	2 spaces per 1,000 sq. ft. G.F.A.
2. Auto, boat or trailer sales	1 space per 1,000 sq. ft. G.F.A. of building plus 0.5 space per employee
3. Truck, trailer and automobile rental parking lot	0.75 space per employee on largest shift
(G) INDUSTRIAL
1. Light industrial, industrial park, manufacturing	1.6 spaces per 1,000 sq. ft. G.F.A.
2. Storage, warehouse, wholesale establishment, freight terminal, truck or auto storage	1 space per 1,500 sq. ft. G.F.A. or 0.75 space per employee based on maximum shift, whichever is greater
3. Mini-storage facility	3.33 spaces per 1,000 sq. ft. of gross office floor area plus 1 space for resident manager
(H) USES NOT SPECIFICALLY MENTIONED
Parking requirement for uses not specifically mentioned in this section shall be determined by the requirements for off-street parking facilities for the listed use which, as determined by the City Manager, is most similar to the use not specifically mentioned, or by an analysis of the parking needs generated by the type of use (see subsection 2.a.ii(6) of this section).

Notes:
[1]	Gross floor area does not include any parking area.
[2]	Seasonal restaurant enclosures: No additional parking spaces required.
[3]	Farm stands: When accessory use, no additional parking spaces required.
[4]	No additional parking is required for outdoor restaurant uses or seasonal restaurant enclosures in conjunction with an existing, indoor year-round restaurant.
Editor’s note: Beginning January 1, 2023, Lake Oswego and other metro cities must apply LCDC rules (OAR 660-012-0430, 660-012-0435, 660-012-0440) regarding parking minimums to new development. See PP 22-0001 for applicability based on type of use or location from transit (map provided).

iii.

On-Site Location of Required Parking Spaces.

(1)

All required parking shall be off-street. Parking may not be located in a required yard or special street setback except where there are specific yard setback requirements or exceptions for parking established by the zone or use.

(2)

Parking design shall ensure that the parking of any vehicle shall not interfere with the parking or maneuvering of any other vehicle.

Exceptions:
(a)	Residential Use: Tandem parking in residential developments is permitted if the tandem parking space is owned by, leased or assigned to a single residential owner or tenant.
(b)	FMU: In the FMU zone, tandem parking is permitted for a development if an attendant is present to move vehicles.
(c)	Commercial Uses Other Than in FMU Zone: Tandem parking is permitted for hotels or motels, eating or drinking establishments without drive-up window, clubs, lodges, meeting rooms, and auditoria in commercial zones if the following criteria are met:
	(i)	An attendant is present to move vehicles and such movement of vehicles does not require backing onto a public right-of-way (an alley may be used if allowed by the City Engineer); or
	(ii)	If the tandem parking is for the exclusive use of employees.

iv.

Off-Street Parking Options.

(1)

Off-Site Parking.

Within commercial, public use, industrial and campus institutional zones parking may be provided on remote lots within said zones which are within 500 ft. of the property line of the use to be served. Within the EC (East End General Commercial) zone only, unless otherwise prohibited, employee parking may be allowed within 1,000 ft. of the property line of the use to be served. Within the LGVCO only, unless otherwise prohibited, parking may be provided on remote lots within the District which are within 750 ft. (customer parking) and 1,000 ft. (employee parking) from the property line of the use to be served. If the remote parking lot is not owned by the owner of the property of the use to be served, said owner shall obtain an exclusive permanent easement in the remote lot so as to permit parking from the use to be served on the remote lot.

(2)

Shared Parking.

(a)

Except in the FMU zone, shared parking is allowed when a parking study demonstrates that there are a sufficient number (by actual or estimated count) of parking spaces to accommodate the parking needs generated by the applicant and other parking lot users during the applicant’s period(s) of use of the parking lot. A new parking study shall be submitted upon any one of the following events:

(i)

Change from one type of use to another that has higher number of parking spaces required by Table 50.06.002-3 for the new use.

(ii)

Where one use expands into the area of another use and it results in:

(A)

A 10% or more increase in the number of parking spaces that would be required for the use under the Numerical Method, as if that method were applied to the use to determine the parking needs, rather than through a parking study; or

(B)

For an "eating or drinking establishment" or a type of commercial amusement business, any increase in the number of parking spaces that would be required for the use under the Numerical Method, as if that method were applied to the use to determine the parking needs, rather than through a parking study.

(b)

Parties involved in shared parking arrangements shall enter into reciprocal agreements, acceptable to the City for such use, by legal instrument which shall also provide for continuing maintenance of jointly used parking facilities.

Reduction for Parking Space Requirements.

(1)

Parking space requirements shall be reduced in developments where compensating factors exist which would offset the parking demand (such as access to transit facilities, pedestrian and bicycle access, development size, or combined, or the parking study provision). Refer to Table 50.06.002-4 for reduction options.

TABLE 50.06.002-4: PARKING REQUIREMENT MODIFIERS (For zone- and overlay-specific parking modifiers, refer to subsections 2.a.v(1)(a) – (c) of this section)
TYPES OF MODIFICATIONS	MODIFIERS
Development Size on a Single Site (Commercial, Public and Industrial Use)
Gross Floor Area	Multiplier
> 20,000 sq. ft.	0.85 x requirement
Access to Transit Facilities
Transit shelter, on fronting street, within 50 ft. of building	0.85 x requirement
Transit shelter within 500 ft. of building	0.90 x requirement
Transit facilities, on fronting street, within 500 ft. of building	0.90 x requirement
Pedestrian and Bicycle Access (Commercial, Public and Industrial Uses)
Access Proximity	Multiplier
100 or more residential units within 1,000 ft. of site	0.90 x requirement
Parking Study
Parking Study Provisions	The parking study shall demonstrate sufficient number of parking spaces for the use per subsection 2.a.ii(2) of this section.

(a)

Allowed FMU Modifiers:

The only allowed modifiers to the minimum numerical parking requirements are:

(i)

Mixed Use Development: Exclude up to 15,000 sq. ft. ground floor nonresidential gross floor area per building or site (in case of multiple buildings on the site).

(ii)

Commercial Residential Uses: The transit facilities and pedestrian and bicycle access modifiers.

(b)

Allowed LGVCO Modifiers:

The only allowed modifiers to the minimum numerical parking requirements are:

(i)

The development site size (DS) modifier; and

(ii)

The pedestrian and bicycle access (PA) modifier.

(c)

Allowed DRD District Modifiers:

(i)

All Properties: Because of the layout of downtown Lake Oswego and the ready availability of on-street parking and transit, the minimum parking requirement shall be 0.75 of the total required for each use pursuant to Table 50.06.002-3.

(ii)

Retail Uses: Retail uses within 1,000 ft. of 100 or more residential units may further reduce their total parking requirements to 0.9 of the total spaces required after all other applicable modifiers are applied.

(iii)

Within the East End Commercial Zone Only: Properties within this zone may only use the development size modifier, the modifiers in subsection 2.a.v(1)(c)(i) and (ii) of this section, or the parking study provision under LOC § 50.06.002.2.a.ii(6).

vi.

Parking Dimensions.

(1)

Refer to Figure 50.06.002-A: Off-Street Parking Matrix to determine the minimum dimension and layout of parking spaces. All parking areas, except stacked or tandem parking areas, shall be designed so that a vehicle may enter or exit without having to move another vehicle. All parking areas must be designed to allow vehicles to enter and exit the street in a forward motion.

(2)

The minimum dimension to meet single-family and middle housing residential parking space requirements shall be eight ft. six in. wide and 18 ft. six in. long for each space.

(3)

Except within the LGVCO, up to 50% of the total parking requirement may be provided in compact car spaces. All parking spaces designated for compact vehicles shall be signed or labeled by painting on the parking space.

Figure 50.06.002-A-General: Off-Street Parking Matrix (General)

OFF-STREET PARKING MATRIX, REQUIRED SPACE AND AISLE DIMENSIONS IN FEET
	Compact Size Vehicles					Standard Size Vehicles
Angle (A)	Stall Width (B)	Stall Depth (C)	Aisle Width (D)	Module Width (E)	Bumper Overhang (F)	Stall Width (B)	Stall Depth (C)	Aisle Width (D)	Module Width (E)	Bumper Overhang (F)
0°	8.0	20.0	N/A	N/A	N/A	8	24	N/A	N/A	N/A
45°	8.0	15.5	11.0	42.0	2.0	8.5 9.0	17.5 17.0	13.0 12.0	48.0 47.0	2.0 2.0
60°	8.0	17.0	14.0	48.0	2.5	8.5 9.0	19.0 19.0	18.0 16.0	56.0 54.0	2.5 2.5
75°	8.0	17.5	21.0	56.0	2.5	8.5 9.0	19.5 19.5	25.5 23.0	64.5 62.0	2.5 2.5
90°	8.0	16.0	20.0	52.0	1.5	8.5 9.0	18.5 18.5	26.0 24.0	63.0 61.0	2.5 2.5

Figure 50.06.002-A-FMU and LGVC Overlay District: Off-Street Parking Matrix for FMU Zone and LGVC Overlay District

FMU ZONE AND LGVC OVERLAY DISTRICT OFF-STREET PARKING MATRIX, REQUIRED SPACE AND AISLE DIMENSIONS IN FEET
Angle (A)	Stall Width (B)	Stall Depth (C)	One-Way Aisle Width (D)	Two-Way Aisle Width (D)	Curb Length
Structured Parking
0°	8.0	8.0	12	20	22.5
30°	8.5	15.0	12	20	17
45°	8.5	17.0	12	20	12
60°	8.5	17.5	16	20	9.75
90°	8.5	16.0	20	20	8.5
Surface Parking
0°	8.0	8.0	14	20	22.5
30°	8.5	15.0	14	20	17
45°	8.5	17.0	14.0	22	12
60°	8.5	17.5	18.0	22	9.75
90°	8.5	18.0	20.0	22	8.5

Notes:
A = Parking Angle

B = Stall Width
C = Stall Depth (no bumper overhang)
D = Aisle Width between Stall Lines, except for fire lanes, which are regulated by LOC Chapter 15, Fire Protection
E = Module Width (no bumper overhang)
F = Bumper Overhang
G = Curb Length

vii.

Loading berths in sufficient numbers and size to adequately handle the needs of the development shall be required.

Exception – FMU Zone: Loading berths are not required.

The off-street parking areas to fulfill the requirements of this standard shall not be used for loading and unloading or the storage of vehicles or materials or parking of trucks used in conducting business or use.

viii.

Employee Carpool and Vanpool Parking.

Development in commercial and industrial zones, in the Public Function zone, and nonresidential development in mixed use zones that requires a total of 50 or more parking spaces shall designate at least 5% of the number of parking spaces as employee carpool or vanpool parking. The carpool/vanpool spaces shall be full sized parking spaces. The spaces shall be clearly marked "Reserved-Carpool/Vanpool Only" with hours of use. Except for designated handicapped parking spaces, employee carpool and vanpool parking spaces shall be located as follows:

(1)

Where employee parking spaces are designated, the designated carpool and vanpool parking spaces shall be the closest employee parking spaces to the entrance normally used by employees.

(2)

Where employee parking spaces are not designated, designated carpool and vanpool parking spaces shall be located in close proximity to the building entrance normally used by employees.

Bicycle Parking.

Applicability.

(1)

Bicycle parking shall be provided for all new multi-family residential developments (four units or more) and commercial, industrial, public facilities and institutional uses, except seasonal uses, such as fireworks stands and Christmas tree sales; drive-in theaters; and self-storage facilities are exempted.

(2)

Modifications which increase the size of existing commercial, industrial, public function structures or institutional buildings by more than 10% or a change of use shall provide bicycle parking spaces to meet the requirements of Table 50.06.002-6 for the entire development. For the purposes of this section, an "existing building" is a building as it exists on February 19, 1998.

ii.

The minimum number of required bicycle parking spaces is listed in Table 50.06.002-6; provided, however, that the owners of institutional categories under Table 50.06.002-6 may defer installation of a portion of the required bicycle parking facilities if:

(1)

At least 30% of the required bicycle parking facilities are installed prior to issuance of the certificate for occupancy;

(2)

The owner executes and records with the County Clerk of the county in which the property is located a covenant to undertake bicycle parking studies, and install a percentage of required bicycle parking facilities, as follows:

TABLE 50.06.002-5: BICYCLE PARKING STUDIES
Timing of Bicycle Parking Study	Required Percentage of Installed Bicycle Parking Facilities
Within 90 days following certificate of occupancy	150% of the greatest number of bicycles being parked or stored on the property at any time during the 14-day period of a bicycle parking study, up to the required number of bicycle parking facilities per Figure 50.06.002-A: Off-Street Parking Matrix.
Two studies within one year following initial study
Whenever requested by City Manager

TABLE 50.06.002-6: MINIMUM REQUIRED BICYCLE PARKING SPACES
Use Categories	Specific Uses	Number of Required Spaces
FMU ZONE:
All Residential Uses		1 space per dwelling unit
Nonresidential Uses	Retail and restaurant uses	2, or 1 per 2,500 sq. ft. G.F.A.
	All other nonresidential uses	2, or 1 per 10,000 sq. ft. G.F.A.
ALL OTHER ZONES
RESIDENTIAL CATEGORIES
Household Living	Multi-family	1 per 4 units
Group Living		2, or 1 per 20 residents
	Dormitory	1 per 8 residents
INSTITUTIONAL CATEGORIES
Preschool		2, or 1/2 per classroom
Schools	Grades 1 through 12	2 per classroom
Colleges	Excluding dormitories (see Group Living, above)	2, or 1 per 20,000 sq. ft. G.F.A.
Transit Centers	Park and ride lots	5% of auto spaces
Religious Institutions		2, or 1 per 4,000 sq. ft. G.F.A.
Hospitals		2, or 1 per 40,000 sq. ft. G.F.A.
Libraries, Museums, etc.		2, or 1 per 4,000 sq. ft. G.F.A.
COMMERCIAL
Retail Sales and Services	Includes groceries and financial institutions	2, or 1 per 2,500 sq. ft. G.F.A.
Auto-Oriented Services	With or without mini-market	2, or 1 per 5,000 sq. ft. G.F.A.
Office	Includes doctor, dentist	2, or 1 per 5,000 sq. ft. G.F.A.
Restaurant	Includes drive-ins	2, or 1 per 5,000 sq. ft. G.F.A.
Theaters, Auditoriums		1 per 60 seats
INDUSTRIAL CATEGORIES
Warehouse and Freight Movement		2, or 1 per 40,000 sq. ft. G.F.A.
Manufacturing and Production		2, or 1 per 15,000 sq. ft. G.F.A.
Industrial Park	Other than manufacturing and warehousing	2, or 1 per 10,000 sq. ft. G.F.A.
USES NOT SPECIFICALLY MENTIONED
Parking requirements for Use Categories and/or Specific Uses not specifically listed above shall be determined by the requirements for bicycle parking spaces for the Use Category/Specific Use which, as determined by the City Manager, is most similar to the use not specifically listed.

Notes:
1.	Wherever this table indicates two numerical standards, such as 2, or 1 per 3,000 sq. ft. of gross floor area, the larger number applies.
2.	FMU Zone: Of the required number of bicycle parking spaces, 10% shall be located in a location visible from and in close proximity to the main entrance, for visitor use, either outside or inside of the building on the ground floor. All other bicycle parking spaces may be provided within a building.
	All Other Zones: These bicycle parking spaces may be provided within a building.
3.	Fractional space requirements shall be counted as the next highest whole space.
4.	G.F.A. (Gross Floor Area): The area included within the surrounding exterior walls of a building or portion thereof excluding allowable projections, decks, patios, uncovered exit stairways or uncovered above-grade driveways.

(3)

The methodology and timing of the bicycle parking studies shall be proposed by the owner, for review and approval of the City Manager. Based on the results of any of the bicycle parking studies, the owner shall install additional needed bicycle parking facilities within 60 days following completion of the study. The cost of the bicycle parking studies, and installation of the bicycle parking facilities, shall be at the expense of the property owner. If the owner does not comply with the terms of the covenant, the City may give notice to the property owner to install the balance of the required bicycle parking facilities within 15 days following the date of the notice.

iii.

(Reserved)

iv.

Bicycle parking shall be separated from car parking and vehicular traffic by a physical barrier or sufficient distance to protect parked bicycles from damage by vehicles.

Bicycle parking for multiple uses may be clustered in one or several locations meeting all other requirements specified in this section for bicycle parking.

vi.

Fifty percent of all required bicycle parking spaces shall be covered, unless it can be demonstrated that compliance is not practicable. These required bicycle parking spaces may be provided within a building. Cover for bicycle parking may be accommodated by building or roof overhangs, awnings, bicycle lockers, bicycle storage within buildings or freestanding shelters.

vii.

Not less than 25% of the required bicycle parking spaces inside a building shall be provided in a well illuminated, secure location within 50 ft. of a building entrance. The balance of the number of required bicycle parking spaces shall be provided either inside each individual dwelling unit or inside each individual dwelling unit’s designated storage area within the building.

viii.

Outdoor bicycle parking spaces shall be clearly visible and shall be located within 50 ft. of any entrance to the building unless clustered pursuant to subsection 3.b.v of this section in which case the parking spaces shall be no more than 100 ft. from a public entrance.

ix.

If the required bicycle parking spaces cannot be provided on site within the EC (East End General Commercial) zone, bicycle parking racks may be provided on the sidewalk adjacent to the property’s frontage providing a minimum five ft. unobstructed sidewalk width is maintained.

Bicycle parking spaces shall be a minimum of six ft. long and two ft. wide, and provide a minimum five ft. access aisle. For covered spaces the overhead clearance shall be at least seven ft.

[Cross-Reference: LOC § 50.06.002.3.b – Parking Standards in R-6 Zone.]

Standards for Construction.

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

Surface Materials – General

The surface of the parking and maneuvering area shall be constructed as a durable surface. The use of gravel in low use areas, such as church parking lots, recreational vehicle storage in a residential zone or outside equipment storage or fleet vehicles in industrial zones, may be approved, so long as the gravel is contained, the parking area is clearly defined, and where grade permits. Refer to LOC § 50.06.003.2.c.vi, Standards for Construction, for additional paving surface specifications.

Parking Standards in R-6 Zone.

Required off-street parking spaces shall be paved with concrete, masonry, asphalt, gravel, grasscrete products or a combination of listed materials.

ii.

Defined parking areas may be created anywhere between the abutting property line and three ft. from the existing paved travel lane, except that a designated parking area shall not conflict with an existing pedestrian walkway. If this area is currently paved with asphalt or other hard surface material, it may remain hard surfaced. Otherwise, on-street parking shall be paved with gravel.

Bicycle Parking.

Areas set aside for required bicycle parking shall be clearly marked and reserved for bicycle parking only. If the bicycle parking is not visible from the street or main building entrance, a sign shall be posted indicating the location of the parking facilities.

ii.

Rack types and dimensions:

(1)

Bicycle racks shall hold bicycles securely by the frame and be anchored.

(2)

Bicycle racks shall accommodate both:

(a)

Locking the frame and one wheel to the rack with a high-security U-shaped shackle lock; and

(b)

Locking the frame and both wheels to the rack with a chain or cable not longer than six ft.

Parking Plan.

Applicant shall provide scaled parking plan with dimensions and number of spaces accurately depicted.

§ 50.06.003 Circulation and Connectivity.

Access/Access Lanes (Flag Lots).

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2648, Amended, 2-17-2015; Ord. No. 2725, Amended, 12-6-2016; Ord. No. 2732, Amended, 2-21-2017; Ord. No. 2762, Amended, 3-6-2018; Ord. No. 2892, Amended, 6-7-2022; Ord. No. 2938, Amended, 4-2-2024]

Definition of Access.

For the purposes of this section, access shall be defined as: "area within public right-of-way directly affected by the traffic generated by the particular development and necessary to provide safe and efficient ingress and egress to the property."

Applicability.

This section is applicable to all major developments and to the following minor developments:

Construction or alteration of multi-family dwelling;

ii.

Construction or alteration of major public facilities;

iii.

Construction or alteration of commercial development;

iv.

Construction or alteration of institutional development;

Construction or alteration of industrial development; and

vi.

Land divisions (partitions and subdivisions).

Standards for Approval.

Every residentially zoned lot shall abut a street for the following minimum length:

TABLE 50.06.003-1: MINIMUM STREET FRONTAGE
Residentially Zoned Lot	Minimum Street Frontage
Townhouse	15 ft.
Flag Lot	LOC § 50.07.007.2.c
All Other	25 ft.

ii.

Access design shall be based on the following five criteria:

(1)

Topography;

(2)

Traffic volume to be generated by the development;

(3)

Classification of the public street from which the access is taken (local, collector or arterial);

(4)

Traffic volume presently carried by such street; and

(5)

Projected traffic volumes.

iii.

Direct permanent access from a development to an arterial street is prohibited where an alternate access is either available or is expected to be available. A temporary access may be allowed only where approved by the City Engineer under LOC Chapter 42.

iv.

Direct access from a development or a structure to a local street is required unless such access is not available.

The City may require shared access with a neighboring site or an extension of residential streets across adjacent properties to provide access to the development if necessary to prevent adverse impacts on traffic flow.

vi.

If no satisfactory access from a public street to a development is available, the City shall require postponement of the development until such time as a satisfactory access becomes available.

Standards for Access Lanes.

Access lanes shall meet the following minimum standards:

Twenty-ft.-wide easement.

ii.

Access to two to three lots – 12 ft. of pavement with a four-ft. shoulder on each side.

iii.

One standard "on-lane" parking space shall be provided for each flag lot served by an access lane. This parking space may be used to meet minimum off-street parking requirements for detached single-family and duplex dwellings on flag lots served by the access lane.

iv.

Access lanes shall only serve lots improved with detached single-family or duplex dwellings.

Access lanes shall align with existing and/or planned streets or access lanes where practicable.

vi.

All new or modified driveways shall follow access spacing as shown in Table 50.06.003-2, Access Spacing, where practicable, and, as determined by the City Engineer, shall not create a traffic operational or safety conflict.

TABLE 50.06.003-2: ACCESS SPACING
Functional Classification	Minimum Spacing (ft.)
Major Arterial	300
Minor Arterial	200
Major Collector	150
Neighborhood Collector	100
Local Residential Street	50
Local Commercial/Industrial Street	50

Traffic Study.

Determination of the location and configuration of an access shall be based on a traffic study, unless otherwise approved by the City Manager.

Expenses Borne by Developer.

The expense related to modification of an existing street to accommodate proposed access including all traffic control devices and lighting shall be paid for by the developer.

Distance between Access and Nearest Intersection.

Except for partitions, access from a development to a collector or an arterial shall be not less than 100 ft. from the nearest intersection of street centerlines.

[Cross-Reference: LOC § 50.06.001.3.c – Alleys, R-6 Zone.]

On-Site Circulation – Driveways and Fire Access Roads.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2853, Amended, 11-3-2020; Ord. No. 2892, Amended, 6-7-2022]

Applicability.

This section is applicable to all development proposing a new use or an increased use on a site when the development will result in the construction of or the increased use of private streets, driveways, or parking lot aisles. Increased use shall be defined as an increase in trip generation or parking requirement.

Standards for Approval.

Driveway Approaches – Locational Limitations and Restrictions.

(1)

On corner lots where the adjacent streets are fully improved to their anticipated ultimate width, the nearest edge of a proposed driveway to the intersection shall be no closer than 30 ft. when measured from the projected curb of the street that is the most parallel to the alignment of the proposed driveway.

(2)

On corner lots where the adjacent streets are not fully improved to their anticipated ultimate width, the nearest edge of a proposed driveway to the intersection shall be no closer than 30 ft. when measured from the lot corner, or if the corner is a radius, from the point of intersection of the tangents. If right-of-way dedication is required as a condition of approval, the lot lines after dedication shall be used as the basis for determining compliance with this standard.

(3)

On lots with less than 75 ft. of continuous frontage on a single public street, only one driveway shall be permitted along that frontage.

(4)

All driveway approaches shall be located and designed so that the driver entering or exiting the driveway can see approaching traffic for a sufficient distance to make a safe entrance and exit. American Association of State Highway and Transportation Officials (AASHTO) standards shall be used in determining compliance with this standard.

(5)

The maximum width of a driveway approach, measured where the edges of the driveway meet the right-of-way, shall be governed as follows:

(a)

Single-family residential or middle housing dwelling with garage door(s) facing the street: 12 ft. per garage or carport stall, or surface parking space, but not to exceed 30 ft.

(b)

Single-family residential or middle housing dwelling with side-loading garage: 24 ft.

(c)

All other uses: 24 ft. unless otherwise justified by the recommendations of a traffic study.

(6)

The driveway approach shall be within the right-of-way bounded by the extension of the lot’s side or street side lot lines.

ii.

Driveway Widths.

Driveways shall conform to the minimum width requirements of LOC § 15.06.610 (Oregon Fire Code Adopted) and LOC § 50.06.002, Parking. For lots less than 50 ft. wide, driveways on the lot may be no wider than the garage opening accessed from the driveway.

iii.

Driveway Grades.

(1)

The maximum grade of a driveway shall comply with LOC § 15.06.610 (Oregon Fire Code Adopted).

(2)

For all uses except single-family or middle housing dwellings, there shall be a landing area where a driveway used by multiple drivers meets the public street. The landing area shall be a minimum of 25 ft. long and shall have a maximum grade of five percent. The length and grade of the landing area described in this subsection presupposes that the abutting street has been fully improved to its ultimate anticipated width. If a driveway is proposed on a street that is not fully improved, and the development proposal is anticipated to proceed prior to the improvement of the street, the City Engineer shall determine the location and grade of the future street improvement and the applicant shall design the driveway and site grading so that this standard will not be compromised when the street is improved in the future.

(3)

Along the traveled way, grade breaks shall not exceed an algebraic difference of 9% unless accomplished by the construction of a vertical curve complying with the City’s Standard Details.

(4)

The maximum cross-slope of a driveway shall be 5%, except for that portion of a driveway which must blend with an adjacent street grade that exceeds 5%. When blending is necessary, the length of the blended section shall be limited to 30 ft.

iv.

Fire Access Lanes.

(1)

All developments shall comply with the minimum requirements for fire access roads as stipulated by the Fire Code and LOC Chapter 15.

(2)

The paved improvement of fire lanes, their associated turnarounds and right-of-way dimensions shall comply with the City’s Standard Details.

(3)

When a fire access road is required to be used as a primary or alternate access route for the provision of emergency services to or through an abutting property, the fire lane shall be declared as such on a legal instrument to be recorded against the title of the affected property(ies). A declaration on a plat or on a recorded development plan may also be used to satisfy this standard.

Turnarounds.

(1)

If a dead-end driveway exceeds 150 ft. in length, it shall provide a fire department turnaround in compliance with the City’s Standard Details. Exception: The Fire Marshal may approve driveways greater than 150 ft. in length if the structures greater than 150 ft. from the public road are provided with alternative methods of fire suppression, i.e., sprinklering.

(2)

Except where a continuous forward exit can be made out of the site, all developments with on-site loading and delivery areas shall provide a turnaround for delivery vehicles in compliance with the City’s Standard Details.

(3)

Required turnarounds shall not overlap a required parking space.

vi.

Schools – Special Provisions.

Schools and similar institutional or instructional uses with a total enrollment of 25 or more students on any given day shall provide an on-site driveway that allows a continuous forward flow of vehicles through the site for the loading and unloading of children.

vii.

Easements Required.

(1)

Driveways and their associated parking areas and turnarounds shall be located on the site or, if located off site, in an easement.

(2)

A copy of the easement shall be submitted to the City as part of the development application. If the easement has not yet been obtained at the time of application, the applicant shall supply a letter of commitment from the party who has the authority to grant the easement indicating that the easement will be granted contingent upon the development’s approval by the City.

(3)

Easements shall state the purpose of the easement, identify the benefiting and burdened properties, state the duration of the easement rights granted, and stipulate the maintenance responsibilities of the parties.

Standards for Construction.

All driveways that serve as fire lanes or fire access roads shall be paved, unless modified below, and shall be designed to support fire fighting vehicle loads. The City may require an engineered pavement section and a soil test to ensure compliance with this standard.

ii.

Driveway approaches in the right-of-way shall be constructed according to the City’s Standard Details.

iii.

In locations where there is a slope adjacent to a driveway edge, there shall be a minimum two ft. shoulder or other means of protecting the driveway and the adjacent land from the adverse effects of erosion.

iv.

Stormwater running off a driveway shall be managed and disposed of in compliance with the applicable drainage standards for minor or major development, and the Uniform Plumbing Code.

Where a driveway approach needs to cross a roadside ditch, a culvert of ten in. minimum diameter shall be used. The City may require a larger culvert if warranted by the hydrology of the upstream drainage basin.

vi.

All driveways shall be paved with a material that does not generate dust. Hard pavement is required except in the following circumstances:

(1)

Low-use driveways, such as one serving a parking area for recreational vehicles, boat trailers, or access to a storage building or storage area.

(2)

Where a driveway grade changes less than 10% from the street to the parking area serving a single-family residence or duplex.

(3)

Existing unpaved driveways, when there is an existing use on the site that is rated at ten or less average daily trips per weekday pursuant to the applicable ITE (Institute of Transportation Engineers) category, and the rating will not be increased with the proposed development.

(4)

When the requirement for a paved driveway is waived, a paved approach shall be constructed to prevent the tracking of loose gravel onto the public street.

(5)

Temporary construction access driveways.

(6)

Combustible materials, erodable materials, or floatable materials shall not be approved as acceptable driveway surfaces (i.e., wood chips, bark dust, shredded tire rubber).

On-Site Circulation – Bikeways, Walkways, and Accessways.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2599, Amended, 12-18-2012; Ord. No. 2783, Amended, 6-19-2018; Ord. No. 2892, Amended, 6-7-2022]

Applicability.

This section is applicable to all subdivisions and to all minor and major development involving the construction of a new structure other than a detached single-family dwelling, middle housing dwelling, or accessory structures. This section is also applicable to modifications which increase the square footage of commercial, industrial, public use or institutional buildings by more than ten percent. For the purposes of this section, an "existing building" is a building as it exists on February 19, 1998.

Standards for Approval.

FMU Standards Note: If the below provisions address the same subject as provided in the Foothills Building and Site Design Standards, LOC § 50.11.007, Appendix G, those standards shall supersede the below provisions.

Commercial, industrial, public use, and institutional developments of one acre or more shall provide a pedestrian circulation plan for the site.

(1)

Pedestrian connections between the proposed development and existing development on adjacent properties other than connections via the street system shall be identified and implemented, where feasible.

ii.

Walkways shall connect at least one public entrance of each building accessible to the public to the nearest public walkway or other walkway leading to a public walkway. Walkways shall also connect to other areas of the site, such as parking lots and outdoor activity areas, to other building entrances, to adjacent streets and nearby transit stops.

iii.

Walkways shall meet accessibility standards of the Americans with Disabilities Act (ADA) and standards as found in the Oregon State Structural Specialty Code, Section 1103, if applicable. Walkways within the site, connections to the public sidewalk, and external connections off site shall provide convenient, accessible, and the most practical direct, barrier-free route design.

iv.

Portions of walkways shorter than 30 ft. across driveways, parking lots or walkways crossing surfaces shared by fork lift or heavy truck traffic may use a painted crossing zone. Otherwise, walkways crossing driveways, parking areas, and loading areas shall be clearly identifiable through the use of a different paving material, raised elevation, or other similar method.

(1)

Where walkways are adjacent to vehicle travel areas, they shall be separated by a raised curb, bollards, buttons, landscaping or other physical barrier. If a raised walkway is used, the ends of the raised portions shall be equipped with curb ramps.

Accessways for use by pedestrians and bicyclists shall be required when necessary to provide direct routes not otherwise provided by the existing right-of-way. Developments shall not be required to provide right-of-way for accessways off site to meet this requirement. If right-of-way is otherwise available off site, the developer may be required to improve an accessway off site to the nearest transit route.

Standards for Construction.

The surfacing of walkways, bikeways and accessways shall consist of either two in. of asphaltic concrete over a minimum of four in. of compacted crushed rock, or of four in. of concrete, as determined by the City Manager. Other materials must be specifically approved by the City Manager.

ii.

Walkway surfacing shall be five ft. in unobstructed width, unless specifically otherwise approved by the City Manager, and never less than four ft. in unobstructed width.

iii.

Walkways without stairs shall have a maximum cross slope of 2% and a maximum slope of 8%. If the existing grade exceeds an 8% slope and the walkway construction requires an erosion control permit pursuant to LOC § 52.02.040.1, and construction of stairs is impracticable, then the pathway may follow the existing grade.

iv.

Ramps for handicapped use are required on all walkways used by the public at all points where a path intersects a curb.

Walkways, bikeways and accessways must be constructed in such a way as to allow the surface drainage to sheet flow across them, and not flow along them longitudinally.

vi.

An accessway shall include at least a 15-ft. wide right-of-way or easement and an eight-ft. wide hard surface. For safety, accessways shall be as straight as practicable. Bollards, buttons, or landscaping shall be used to block motor vehicular access.

vii.

A residential accessway shall include at least a 15-ft. wide right-of-way or easement and a minimum six-ft. wide travel surface. Accessways may meander around major trees or vegetation, but shall be as straight as practicable, considering the circumstances related to the property.

viii.

The surfacing of residential accessways shall consist of either two in. of asphaltic concrete over a minimum of four in. of compacted crushed rock, or four in. of concrete, as determined by the City Manager. Depending on location, topography or presence of sensitive lands, other materials may be specifically approved by the City Manager. Residential accessway surfacing for purposes of meeting this standard shall be a minimum of six ft. in width.

ix.

Bollards, buttons or landscaping shall be used to block motor vehicle access at locations where accessways abut streets.

Accessways shall be constructed in such a way as to allow surface drainage to sheet flow across them, and not flow along them longitudinally.

Street Connectivity.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2599, Amended, 12-18-2012; Ord. No. 2612-A, Amended, 5-21-2013; Ord. No. 2687, Amended, 12-15-2015; Ord. No. 2725, Amended, 12-6-2016; Ord. No. 2760, Amended, 12-5-2017; Ord. No. 2797, Amended, 11-6-2018; Ord. No. 2832, Amended, 1-7-2020; Ord. No. 2892, Amended, 6-7-2022]

Applicability.

This section is applicable to:

Any development that results in the construction of a street; or

ii.

A land division that:

(1)

Is located on a parcel or parcels of vacant or redevelopable land of 1.75 acres or more, or

(2)

Abuts a parcel upon which there is a street that has been "stubbed" to the proposed development site.

iii.

Construction of a detached single-family dwelling, middle housing dwelling, multi-family dwelling, commercial, industrial, institutional, or public function structure that:

(1)

Is located on a parcel or parcels of vacant or redevelopable land of 1.75 acres or more, or

(2)

Abuts a parcel upon which there is a street that has been "stubbed" to the proposed development site.

This section is not applicable to development or construction in the FMU zone.

Purpose and Intent.

The purpose of the connectivity standard is to ensure that:

The layout of the street system does not create excessive travel lengths or limit route choices. This will be accomplished through an interconnected street system to reduce travel distance, promote the use of alternative modes of travel, provide for efficient provision of utility and emergency services, provide for more even dispersal of traffic, and reduce air pollution and energy consumption;

ii.

Streets, alleys and residential accessways shall be designed to meet the needs of pedestrians and cyclists and encourage walking, bicycling and transit as transportation modes;

iii.

Street and pedestrian and bicycle accessway design is responsive to topography and other natural features and avoids or minimizes impacts to LOC § 50.05.010, Sensitive Lands Overlay Districts; LOC § 50.05.011, Flood Management Area; and steep slopes pursuant to LOC § 50.06.006.2, Hillside Protection;

iv.

Circulation systems and land development patterns do not detract from the efficiency of the adjacent collector or arterial streets;

The street and accessway circulation pattern contributes to connectivity to and from activity centers, such as schools, commercial areas, parks, employment centers and other major trip generators;

vi.

Metro Regional Transportation Function Plan, Title 1, street connectivity requirements are met;

vii.

Proposed development will be designed in a manner which will not preclude properties within the vicinity that meet the definition of further developable, from meeting the requirements of this standard; and

viii.

Transportation connections improve access to schools, transit, shopping, and employment areas.

Standards for Approval of Development Which Requires the Construction of a Street.

Local and neighborhood collector streets, access lanes, and residential accessways shall be designed to connect to the existing transportation system to meet the requirements of this standard as determined by the reviewing authority.

ii.

Local and neighborhood collector street design shall provide for full street connections between through streets with spacing of no more than 530 ft., measured between the center of the intersection of two through streets that provide for vehicle traffic movement in generally the same direction ("through street pairs") with the cross street. This requirement shall be applied to all through street pairs which surround the site. If the nearest boundary of the site (or boundaries extended to the street) is more than 100 ft. from the intersection of a through street nearest to the site and the cross street, the provisions of this standard shall be met, except when the provisions of subsection 4.c.vi of this section are met. See Figure 50.06.003-A: Street Connectivity.

Figure 50.06.003-A: Street Connectivity

iii.

Streets shall be designed to connect to all existing or approved stub streets which abut the development site.

iv.

Cul-de-sacs and permanent closed-end streets shall be prohibited except where (a) the requirements of this standard for street and residential accessway spacing are met and (b) construction of a through street is found to be impracticable. When cul-de-sacs or closed-end streets are allowed under subsection 4.c.vi of this section, they shall be limited to 200 ft. and shall serve no more than 25 dwellings, except where the reviewing authority has determined that this standard is impracticable due to the criteria listed in subsection 4.c.vi of this section.

Access lanes may be used to serve up to three lots.

vi.

The reviewing authority may allow an exception to the review standards of subsections 4.c.i through 4.c.v of this section based on findings that the modification is the minimum necessary to address the constraint and the application of the standards is impracticable due to the following:

(1)

Extreme topography (over 15% slope) in the longitudinal direction of a projected automobile route;

(2)

The presence of Sensitive Lands as described in LOC § 50.05.010, or LOC § 50.05.011, Flood Management Area, or other lands protected by City ordinances, where regulations discourage construction of or prescribe different standards for street facilities, unless the nearest through street pairs (see Figure 50.06.003-A: Street Connectivity) surrounding the subject site are more than one-quarter mile apart. The reviewing authority may determine that connectivity is not required under this circumstance, if a benefit/cost analysis shows that the traffic impacts from development are low and do not provide reasonable justification for the estimated costs of a full or limited access street connection;

(3)

The presence of freeways, existing development patterns on abutting property which preclude the logical connection of streets or arterial access restrictions;

(4)

Where requiring a particular location of a road would result in violation of other City standards, or state or county laws or standards, or a traffic safety issue that cannot be resolved;

(5)

Where requiring streets (full or limited access) or accessways would violate provisions of leases, easements, covenants, restrictions or other agreements existing as of May 1, 1995, which preclude required street or accessway connections; or

(6)

Where there is minimal public benefit of improved vehicular access and circulation, a limited access street connection (in lieu of a full street connection) may be approved provided it does not preclude development of adjacent property and is consistent with the purpose and intent in LOC § 50.06.003.4.b. For determining public benefit, the travel needs of existing, proposed and potential future development and emergency vehicle access needs shall be considered. Limited access streets shall conform to the spacing standards in subsection 4.c.vii of this section.

vii.

If the reviewing authority allows an exception to subsection 4.c.ii of this section for full street connections, it shall require residential accessway connections on public easements or rights-of-way so that spacing between bicycle and pedestrian connections shall be no more than 330 ft. measured from the centerline of the nearest bicycle and pedestrian connection intersection with the cross street.

viii.

The reviewing authority may allow a reduction in the number of residential accessway connections required by subsection 4.c.vii of this section based on findings that demonstrate:

(1)

That reducing the number or location of connections would not significantly add to travel time or distance from the proposed development to bus lines or activity centers in the area, such as schools, shopping, or parks; or

(2)

That existing development patterns on abutting properties preclude logical connection of residential accessways; or

(3)

That the traffic impacts from development, redevelopment or both are low and do not provide reasonable justification for the estimated costs of such accessway.

[Cross-Reference: Subsection 4.c.iv – see also LOC § 42.03.085.]

Standards for Approval for a Land Division or Development That Does Not Require Construction of a Street.

The review authority shall require:

A future connectivity plan to be filed with the City and recorded in the applicable County Clerk records. The future connectivity plan shall show how the location of future streets, access lanes, and accessways will provide for full development of the subject parcel as well as any abutting properties in order to meet the standards of LOC § 50.06.003.4.c.ii through viii; and

ii.

Placement of structures in a manner that allows for the future street(s), access lanes, or accessways to be constructed, as well as an area sufficient to meet the required zone setbacks from the future streets.

Standards for Construction.

Standards for construction of full street and limited access street connections shall be those included in LOC Chapter 42. Where emergency vehicle access is required on limited access streets, the limited access street shall be 16 ft. in width, contain removable bollards where it adjoins other streets, and consist of a driving surface that accommodates emergency vehicle apparatus as approved by the City Engineer.

ii.

Standards for construction of access lanes shall be those included in LOC § 50.06.003.1.d, Standards for Access Lanes.

iii.

Standards for construction of residential accessways shall be those included in LOC § 50.06.003.3.c.

iv.

Where a temporary street-end is created, it shall be stubbed to the property line with posted notification identifying it as temporary and planned for future extension.

[Cross-Reference: See LOC § 50.07.003.1.a.iii.]

Transit System.

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

Applicability.

This standard is applicable to all new subdivisions, planned developments, multi-family residential developments, and new commercial, institutional and industrial developments, and major public facility structures located on a transit street or within one-quarter mile of a transit street.

Standards for Approval.

All applicable development as defined above shall be required to provide transit facilities and transit-oriented features.

The extent of the transit-oriented features and transit facilities required for a particular site on a transit street shall be determined by the City, in coordination with Tri-Met, based upon an analysis of:

(1)

Level of existing and projected adjacent transit facilities;

(2)

Proximity of other ridership attractors, such as bus routes;

(3)

Size and trip generation potential of proposed development adjacent to transit street (within one-fourth mile of a transit street); and

(4)

Expected transit ridership generated by a development.

ii.

Transit-oriented features for a site within one-fourth mile of a transit street shall be provided to connect the development with:

(1)

The nearest adjacent transit street; or

(2)

Adjacent paths which lead to the nearest transit street.

iii.

Where a proposed development creates or contributes to a need for transit stops, pullouts, or other transit facilities, as identified by the City in coordination with Tri-Met, easements or right-of-way dedication may be required.

§ 50.06.004 Site Design.

Landscaping, Screening, and Buffering.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2599, Amended, 12-18-2012; Ord. No. 2648, Amended, 2-17-2015; Ord. No. 2695, Amended, 2-16-2016; Ord. No. 2723, Amended, 10-18-2016; Ord. No. 2732, Amended, 2-21-2017; Ord. No. 2853, Amended, 11-3-2020; Ord. No. 2892, Amended, 6-7-2022]

Applicability.

Except as provided in subsection 1.a.ii of this section, this section is applicable to:

(1)

All major development;

(2)

Multi-family dwelling;

(3)

Major public facilities;

(4)

Commercial development;

(5)

Institutional development;

(6)

Private recreational development;

(7)

Industrial development;

(8)

Subdivisions;

(9)

Partitions; and

(10)

Change of use that increases the number of required parking spaces by more than 25%.

ii.

The above developments located within:

(1)

The Downtown Redevelopment Design District shall comply with LOC § 50.05.004 rather than the provisions of this section.

(2)

The FMU zone shall comply with the Foothills Building and Site Design Standards, LOC § 50.11.007, Appendix G.

Standards for Approval.

Commercial, institutional, and industrial development, other than in the Office Campus zone, shall provide a minimum of 15% of the net developable area in landscaping and/or open space visible from off site, including courtyards, planters, raised beds, espaliers, etc. Developments involving office campus and major public facilities shall provide a minimum of 20%.

Exception: the area of public park land, if transfer of the land from the development site is accepted by the governmental agency, may be deducted from the landscaping area requirement.

ii.

Multi-family and manufactured home park development must provide 20% of the net developable area in landscaping in addition to the park and open space requirements.

Exception: the area of public park land, if transfer of the land from the development site is accepted by the governmental agency, may be deducted from the landscaping area requirement.

iii.

Public and semi-public use must meet subsection 1.b.i or 1.b.ii of this section, depending on use.

iv.

All development abutting streets shall provide street trees at the proper spacing for the species.

Parking lot plantings shall be designed to allow surveillance of the lot from the street at several points.

vi.

For commercial, institutional, industrial, multi-family dwelling, manufactured home parks, office campus, and major public facilities:

(1)

Screening and buffering shall be required:

(a)

To mitigate noise, lighting or other impacts from dissimilar uses.

(b)

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

(c)

As a separation between dissimilar uses.

(2)

Landscaping visible from the street or other public right-of-way shall be complementary to the landscaping in the surrounding area.

vii.

Rare and endangered species as identified below shall be preserved:

(1)

Marsh or Sessile Trillium: "Trillium chloropetalum."

(2)

Fawn Lily: "Erythronium oregonum."

(3)

White Larkspur: "Delphinium leucophaeum."

viii.

Landscaping that is required to be provided under LOC Article 38.25 Stormwater Management Code is counted towards meeting the landscaping required under this article/section.[1]

[1]

Editor’s Note: Ord. 2695 incorrectly showed the partial amendment to a subsection that did not then exist; codified here as Subsection 1.b.viii.

Standards for Installation and Construction.

All plant materials shall conform in size and quality grade to the American Standard for Nursery Stock, current edition.

ii.

All plant material shall be installed according to Sunset Western Garden Book, current edition.

iii.

Except for single-family dwellings and middle housing developments that require street trees, all planting shall have an irrigation system installed to meet standards of Turf Irrigation Manual, current edition, unless the applicant can demonstrate to the satisfaction of the reviewing authority that such system is not necessary.

iv.

Existing vegetation may be used in a landscaping plan. Construction shall not be allowed within the drip lines of trees which are to remain. Finish grade shall be at the original grade or a well or planter constructed equal in size or greater than the drip line.

Topsoil removed during construction shall be replaced with topsoil.

vi.

Plant materials for use in parking lots and streets shall have a mature height of less than 25 ft. in areas where overhead utilities are present.

vii.

Plant materials listed as "Prohibited Street Trees" in the Lake Oswego Master Plant List, LOC § 50.11.004, Appendix D, shall be prohibited as street trees, except those cultivars that do not have the characteristics identified by its species.

viii.

Plant materials listed as nuisance or invasive in LOC § 50.11.004, Appendix D, and the Invasive Tree Species List on file at the Planning Department shall be prohibited as required landscaping.

ix.

When a tree is located within a sidewalk, the tree base shall be protected from damage by pedestrians and other causes in a manner that complies with the City Engineer’s specifications and applicable federal and state law, i.e., Americans with Disabilities Act.

Plant material used for screening and buffering shall:

(1)

Be of a size to provide an effective screen within two to five years of the planting date.

(2)

Be planted in a single row on centers equal to one-half mature width of the plant material or in staggered multiple rows.

(3)

Be a minimum of six ft. high at maturity; or as determined by the City Manager to buffer or screen a specific situation except as prohibited by LOC § 42.03.130, Sight Distance at Roadway Intersections, Private Streets and Driveways.

[Cross-References: LOC Chapter 55 – Removal of Trees; LOC § 50.06.001.3.d – Street Trees in the R-6 Zone.]

Fences.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2599, Amended, 12-18-2012; Ord. No. 2612-A, Amended, 5-21-2013; Ord. No. 2668, Amended, 12-1-2015; Ord. No. 2732, Amended, 2-21-2017; Ord. No. 2909, Amended, 2-7-2023; Ord. No. 2938, Amended, 4-2-2024]

Applicability.

No person shall construct a fence, wall, or retaining wall in violation of this section.

Location and Height.

In residential zones, fences and walls, or a fence/wall/retaining wall combination, shall not exceed six ft. in height unless otherwise provided below:

(1)

Four ft. in height when located within ten ft. of a property line abutting a public street or an access easement that serves more than two lots. This restriction shall not apply to properties that abut an access easement but do not have a legal right to use the easement. For purposes of determining fence height under this subsection, alleys are not considered as public streets.

Exception 1: Fences or a fence/wall/retaining wall combination that is greater than four ft. but not more than six ft. in height may be located within ten ft. of a property line abutting a public street when the following criteria are met:
(a)	The fence or fence/wall/retaining wall combination is located within ten ft. of a property line abutting Bryant Road, Carman Drive, Country Club Road, Lakeview Boulevard, McVey Avenue, South Shore Boulevard, Stafford Road, and Westlake Drive; and
(b)	The top of the fence or fence/wall/retaining wall combination is not less than 25% open for a height of at least one ft.; and
(c)	The bottom of the fence shall be screened by shrubs planted from three gallon (minimum) containers and spaced no more than three ft. apart at the time of planting.
Exception 2: Fences or a fence/wall/retaining wall combination that is greater than four ft. but not more than six ft. in height may be located within ten ft. of a property line abutting a public street when the following criteria are met:
(a)	The fence or fence/wall/retaining wall combination is located within ten ft. of a property line abutting Bryant Road, Carman Drive, Country Club Road, Lakeview Boulevard, McVey Avenue, South Shore Boulevard, Stafford Road, and Westlake Drive; and
(b)	The fence segments are staggered by at least 32 inches for every length over 20 ft., or 16 inches for every length over ten ft.; and
(c)	The bottom of the fence shall be screened by shrubs planted from three gallon (minimum) containers and spaced no more than three ft. apart at the time of planting.

(2)

Four ft. in height when located within the front yard setback of the Old Town Neighborhood.

ii.

Gates in a fence or wall located within ten ft. of a property line abutting a public street or an access easement shall not exceed six ft. in height.

iii.

Portals located within ten ft. of a property line abutting a public street or an access easement shall not exceed eight ft. in height.

iv.

Fences, walls, and retaining walls in nonresidential zones shall not exceed eight ft. in height. Mixed use commercial/residential zones shall be considered a residential zone for purposes of this section. A fence, wall, or retaining wall over six ft. in height shall be screened by an evergreen hedge which shall be of a size and spacing so as to provide a six-ft. high, dense screen within three years of the date of planting. Any fence over seven ft. in height requires a building permit.

Fences, walls, retaining walls, gates, and portals shall comply with the provisions of LOC § 42.03.130, Sight Distance at Roadway Intersections, Private Streets and Driveways.

vi.

Every body of water, as defined in LOC § 50.10.003.2, shall have a barrier as required by the State of Oregon One and Two Family Dwelling Specialty Code.

vii.

Retaining Walls within Residential Zones.

(1)

A retaining wall four ft. or less in height may be located in the required setback; provided, that if there are multiple retaining walls within the setback, each retaining wall shall be located no closer than five ft. to another retaining wall, as measured from the back of one retaining wall to the front of the other retaining wall.

Exception: Retaining walls greater than four ft. in height are permitted if the retaining wall forms a window well that complies with the depth and length requirements for an exception to "Height of a Building," in LOC § 50.10.003.3.

(2)

Retaining walls greater than four ft. in height shall be required to meet all setback requirements, except as otherwise exempted.

(3)

Retaining walls shall not be permitted in any rights-of-way, except with prior approval of an encroachment permit.

viii.

Fence Located on Top of or Near Retaining Walls.

(1)

The combined height of a retaining wall and fence, where the fence is located either on top of or within five ft. of the face of the retaining wall on the upslope side, shall be less than eight ft., as measured from the lower side of the retaining wall.

(2)

No fence shall be located either on top of or within five ft. of the face of the retaining wall on the upslope side when either the retaining wall or the fence is located within ten ft. of a public or private street or an access easement which serves more than two lots.

(3)

When a fence is located on the top of a retaining wall, the fence shall be of a different class of material than the retaining wall, i.e., if the retaining wall is masonry, the fence must be wood or metal.

ix.

Berms, when used in conjunction with fences or walls, shall be included in height determinations.

Exceptions from Height Limitations.

The height limitations of this section do not apply to:

(1)

Fences which either provide security or are accessory or incidental to the use of a major public facility, minor public facility, or public transportation facilities; or

(2)

An open (80% open) fence which is not located in the front yard (forward of the primary structure to the front lot line) and which encloses part or all of a tennis court, swimming pool, playing field, park, commercial recreational facility, public or semi-public utility structure, or courtyards or play areas for day care and educational institutions. The evergreen hedge screening requirement in LOC § 50.06.004.2.b.iv does not apply to these fences; or

(3)

A noise fence permitted by the Oregon Department of Transportation abutting the right-of-way of Highway 43, but only to such height limits approved by ODOT; or

(4)

Retaining walls used to directly support a driveway, access lane, or car parking area for a single-family residence or middle housing; or

(5)

Retaining walls used to support right-of-way embankments subject to approval by the City Manager or designee.

Such fence height exempted under the above subsections shall not exceed ten ft. except a noise fence under subsection 2.c.x(3) of this section.

Materials – Standards for Construction.

The unfinished or structural side of a fence or retaining wall shall face the owner’s property.

ii.

Fences shall not be constructed of, or contain, any material which will do bodily harm, such as electric or barbed wire, broken glass, spikes, or any other hazardous or dangerous material, except as follows:

(1)

Barbed wire or electrified fences enclosing permitted livestock are permitted provided the barbed wire and electrified fences shall be posted and flagged at not less than 15-ft. intervals with clearly visible warnings of hazard.

(2)

Barbed wire or upturned barbed salvage is permitted more than six ft. above grade in GC and Industrial zones; provided, that barbed wire shall not extend over a public or private street, alley, fire lane, or the property boundary of a property zoned residential. When used along a public or private street, the fence shall be screened from the street by an evergreen hedge which shall be of a size and spacing so as to provide a six-ft. high, dense screen within three years of the planting date.

iii.

The enclosure surrounding a body of water as defined in LOC § 50.10.003.2 shall be of a material type and constructed such that no openings, holes or gaps exist which are larger than four in. in any dimension except for doors or gates.

(1)

All gates or door openings shall be equipped with an automatic closing and automatic latching device combined with a lock which must be locked when the facility is not in use. Doors of any occupied dwelling forming part of the enclosure need not be provided with the automatic locking and latching devices.

iv.

Within the R-DD zone:

(1)

Except for stone fences as authorized by subsection 3.d.iv(3) of this section, fencing included in the front yard shall be used in an ornamental or symbolic way, rather than as a visual barrier.

(2)

Metal chain link fencing is prohibited except for:

(a)

Temporary fencing used in tree protection measures as required in LOC § 55.08.030 or in construction fencing; and

(b)

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.

(3)

Construction of new stone fences or maintenance of existing stone fences is encouraged.

Lighting Standards.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2723, Amended, 10-18-2016; Ord. No. 2797, Amended, 11-6-2018; Ord. No. 2832, Amended, 1-7-2020]

Applicability.

This section is applicable to:

Minor or major development that results in increased use of public and private streets, public pathways and accessways, or open air parking lots;

ii.

Addition, removal, alteration, or expansion of light fixtures or poles in open air parking lots or public pathways or accessways; or

iii.

Addition, removal, alteration, or expansion of outdoor lighting on lots in PF and PNA zones.

Exception: Temporary lighting for theatrical, television, and performance areas, and lights associated with special events are not subject to this section if no development occurs.

Standards for Approval.

Public Pathways and Accessways.

Low level lighting of less than 0.3 average foot-candles and with a maximum uniformity of illuminating ratio not to exceed 20:1 shall be required in all zones, except the PF and PNA zones, unless the applicant can show that no night use of such facilities is planned.

ii.

Open Air Parking Lots.

The following standards shall apply to open air parking lots in all zones, except the PF and PNA zones:

(1)

General Provisions.

(a)

For multi-level parking facilities, the roof level shall be considered an open air parking lot.

(b)

Open air parking lot lighting shall be designed to provide uniform lighting throughout the facility, but shall accomplish uniform lighting with the minimum lighting necessary for safety, security, and identification of necessary features.

(c)

Open air parking lot lighting shall not produce light trespass by the direct illumination of adjacent and nearby properties or streets.

(d)

Open air parking lot lighting shall not produce annoying or disabling glare at normal viewing angles.

(e)

Where an open air parking lot is not anticipated to have a nighttime use, or where lighting would be out of character with the immediate environment, the reviewing authority may waive the illumination requirement.

(2)

Equipment and Installation Standards.

(a)

Open air parking lot lighting shall employ the use of full cut-off fixtures as defined by the Illuminating Engineering Society of North America (IESNA), except in special design districts where a particular "period" or architectural style has been adopted, or as specifically allowed by the reviewing authority.

(b)

Open air parking lot lighting shall use lamps whose emission is perceived as the warm (yellow/orange) end of the color spectrum, except under the circumstances permitted in this section.

(c)

The maximum height of a pole mounted luminaire shall be 22 ft., or the height of the associated building, if less than 22 ft. in height.

(d)

Fixtures shall be positioned or shielded so as to prevent light trespass onto adjacent properties, and glare from normal viewing angles.

(e)

Luminaires and poles shall be coated with a decorative protective finish as approved by the reviewing authority or shall be manufactured of a colored composite material (such as fiberglass). Unpainted galvanized steel, stainless steel, or other "raw" metals are not acceptable.

(f)

Luminaires and poles shall be architecturally compatible with the associated use.

(g)

The use of wood poles shall be limited to parking lots in nature parks or similar natural areas.

(3)

Lighting Standards.

(a)

Minimum level of illumination – 0.15 foot-candles on the pavement.

(b)

Maximum level of illumination – 4.0 foot-candles on the pavement.

(c)

Uniformity ratio 4:1.

(d)

The reviewing authority may grant an exception to the lighting standards upon finding that a particular use warrants a higher level of illumination to protect the public safety and welfare. The discouragement of property damage crime is not a sufficient factor in and of itself to warrant an exception to the lighting standards.

(4)

Prohibitions.

(a)

Mercury vapor lamp fixtures and lamps.

(b)

Metal halide fixtures and lamps, unless the use thereof is warranted by exceptional security demands or the need for accurate color rendering, as determined by the reviewing authority. When approved, metal halide lamps shall be filtered.

(c)

Laser source lights.

(d)

Bare bulbs and strings of lights, except for traditional holiday lights during the respective holiday period.

(e)

Flickering lights.

(f)

Search lights.

(g)

Overhead spans of wire.

(5)

Curfew.

The reviewing authority may impose a curfew on all, or part of, an open air parking lot’s lighting system, and may further impose the regulated system to be controlled by an automatic timer.

(6)

Nonconforming Lights.

(a)

Open air parking lot light fixtures that are in service and which were lawfully installed prior to July 11, 2003, are exempt from the requirements of this section, except that the replacement of damaged or obsolete nonconforming light fixtures shall conform to the requirements of this section.

(b)

Nonconforming lighting shall be replaced with a system that complies with this section when the remodeling of any use associated with an open air parking lot exceeds 50% of the value of that use, or the removal and renewal or expansion of an open air parking lot exceeds 50% of the area occupied by the pre-existing parking lot.

(7)

Lighting Plan Required – Content.

Proposals to illuminate an open air parking lot shall include a lighting plan. Lighting plans shall be prepared by a qualified professional specializing in illumination, and shall illustrate iso-illuminance circles expressed in foot-candles. Lighting plans shall be accompanied with all pertinent technical data for the proposed luminaires. The reviewing authority may require lighting plans to account for the influence of adjacent off-site lighting, reflection off vertical surfaces, window spill, shadow causing objects, and any other factors deemed relevant in evaluating the perceived level of illumination.

(8)

Method of Measurement.

(a)

Field measurements of illumination levels shall be measured with an instrument having a spectral response similar to that of the human eye, following the standard spectral luminous efficiency curve adopted by the International Commission on Illumination.

(b)

The height of a luminaire is the vertical distance between the surface of the ground and the lowest part of the luminaire.

iii.

Outdoor Lighting in PF and PNA Zones.

The following standards shall apply to outdoor lighting in the Public Functions (PF) and Parks and Natural Area (PNA) zones, except the luminaires and lighting systems listed below, or when used to light the following, are exempt from the requirements of this section:

(1)

Illuminated signs.

(2)

Lighting in swimming pools and other water features governed by Article 680 of the National Electrical Code.

(3)

Building Code required exit signs.

(4)

Lighting specifically for stairs and ramps.

(5)

Temporary and seasonal lighting; provided, that individual lamps are ten watts or less.

(6)

Lighting required and regulated by the Federal Aviation Administration, U.S. Coast Guard, or other federal or state agency.

(7)

Flagpole, provided the lighting is a maximum of 150 watts per flagpole and is mounted within three ft. of the centerline of the base of the pole and aimed upwards.

(a)

All outdoor lighting shall comply with either the prescriptive option or the performance option, below. The applicant may be required to pay for the services of a qualified professional civil or electrical engineer to review such submittals and the cost thereof shall be an additional fee charged to the applicant.

(i)

Prescriptive Option.

If the lighting is to comply with this prescriptive option, the installed lighting shall meet all of the following requirements:

(A)

The maximum luminaire lamp wattage and shielding shall comply with Table 50.06.004-1.

TABLE 50.06.004-1: MAXIMUM WATTAGE AND REQUIRED SHIELDING
Zone	Fully Shielded	Shielded	Partly Shielded	Unshielded
PNA (Natural Area)	55	None permitted	None permitted	None permitted.
PNA (Developed Park Area)	70	20	13	Low voltage landscape lighting 50 watts or less.
PF (Nonpark Use)	150	70	39	Low voltage landscape lighting 50 watts or less.
Special Exception LOC § 50.06.004.3.b.iv	450	150	150	Landscape and facade lighting 100 watts or less; ornamental lights on private streets and lanterns 40 watts or less.

(B)

The total lighting power for the site shall be less than or equal to the allowed lighting power. The allowed lighting power shall be determined according to Table 50.06.004-2.

TABLE 50.06.004-2: ALLOWED LIGHTING POWER DENSITY (watts per sq. ft. (w/ft²) unless otherwise noted)
Determine the allowed lighting power for each application by multiplying the area in plan by the allowed lighting power density for the application. Only one lighting power allowance can be claimed for any area. The actual lighting power must be equal to or less than the sum of the allowed lighting power for all applications.
Lighting Application	Allowed Area	PNA (Natural Area)	PNA (Developed Park Area)	PF (Nonpark Use)	Special Exception LOC § 50.06.004.3.b.iv
Hardscape	Paved area plus 5 ft. of the perimeter of adjacent unpaved land. Includes planters and landscaped areas less than 10 ft. wide that are enclosed by hardscape on at least 3 sides.	0.03	0.05	0.07	0.20
Building Entrances	Per door (stated values are watts, not watts per sq. ft.).	13	18	26	70
Building Entry and General Use Canopies	Canopy footprint	Not allowed	0.10	0.20	0.70
Vehicle Service Station Canopy	Canopy footprint	Not allowed	0.30	0.60	2.40
Ornamental Lighting	Entire site	Not allowed	Not allowed	0.010	0.04
Landscape Lighting	Landscaped area	Not allowed	Exempt	Exempt	Exempt
Building Facade Lighting	Nonresidential use	Not allowed	Not allowed	Not allowed	Exempt

(C)

The maximum pole or mounting height shall not exceed the values listed in Table 50.06.004-3.

TABLE 50.06.004-3: MAXIMUM LIGHTING MOUNTING HEIGHT IN FEET
Zone	Lighting for Private Roads, Driveways, Parking, Bus Stops and Other Transit Facilities	Lighting for Walkways, Bikeways, Plazas and Other Pedestrian Areas	All Other Lighting
PNA (Natural Area)	20	8	4
PNA (Developed Park Area)	20	12	4
PF (Nonpark Use)	25	18	8
Special Exception LOC § 50.06.004.3.b.iv	Height limit to be determined by special exception
Lighting mounted on buildings or other structures shall not exceed a mounting height greater than 4 ft. higher than the tallest part of the building or structure at the place where the lighting is installed, nor higher than 33.33% of the horizontal distance of the light from the nearest property line, whichever is less.

(D)

Each luminaire shall be set back from all property lines at least three times the mounting height of the luminaire.

[1]

Exception 1: If the luminaire is used for the purpose of street, parking lot or public utility easement illumination purposes and is located less than three mounting heights from the property line, the luminaire shall employ a house side shield (opposite the direction of any public right-of-way nearest the luminaire).

[2]

Exception 2: If the subject property includes an exterior column, wall or abutment within 25 ft. of the property line, luminaire(s) partially shielded or better and not exceeding the lighting power allowed under Table 50.06.004-2: Allowed Lighting Power Density (but in no event exceeding 60 lamp watts) may be mounted onto the building facade or under or within an overhang or canopy attached thereto.

(ii)

Performance Option.

If the lighting is to comply with this performance option, the proposed lighting plan demonstrating compliance with the following standards shall be submitted by the applicant for review and approval by the City Engineer, and the City Engineer’s decision shall be the final decision of the City:

(A)

The maximum percentage of direct uplight lumens shall be no greater than the amount allowed per Table 50.06.004-4: Performance Method.

TABLE 50.06.004-4: PERFORMANCE METHOD
Zone	Maximum Percentage of Direct Uplight Lumens (%)	Maximum Light Level at Property Line
Zone	Maximum Percentage of Direct Uplight Lumens (%)	Horizontal Plane at Grade (foot-candles – fc)	Vertical Plane Facing the Subject Site, from Grade to Mounting Height of Highest Mounted Luminaire (foot-candles – fc)
PNA (Natural Area)	0	0.01	0.02
PNA (Developed Park Area)	1	0.05	0.1
PF (Nonpark Use)	5	0.2	0.4
Special Exception LOC § 50.06.004.3.b.iv	20	0.4	0.8

(B)

The maximum light level at any property line shall be no greater than the values in Table 50.06.004-4: Performance Method, as evidenced by a complete photometric analysis including horizontal illuminance of site and vertical illuminance on the plane facing the site up to the mounting height of the luminaire mounted highest above grade. The City Engineer may accept a photometric analysis report, demonstration or sample, or other satisfactory confirmation that the luminaire meets the shielding requirements of Table 50.06.004-1: Maximum Wattage and Required Shielding. Luminaires shall not be mounted so as to permit aiming or use in any way other than the manner maintaining the shielding classification required herein.

Exception 1: If the property line abuts a public right-of-way, the analysis may be performed at the property boundary across the public right-of-way from the site.

Exception 2: If unique site characteristics (topography, differences in grade between the subject property and the abutting parcel) make compliance impractical with the maximum light level requirements, an exception to this subsection may be granted by the City Engineer. The City Engineer may impose conditions of approval to mitigate any negative impacts resulting to the abutting parcel, based on best lighting practices and available lighting technology.

(b)

Curfew. All prescriptive or performance based exterior lighting systems shall be controlled by automatic device(s) or system(s) that initiate operation at dusk and either extinguish lighting at the curfew times according to Table 50.06.004-5: Curfew Time, or reduce lighting density at the curfew time to not more than 50% of the requirements set forth in Table 50.06.004-2: Allowed Lighting Power Density.

TABLE 50.06.004-5: CURFEW TIME
Zone	Curfew Time
PNA (Natural Area)	8:00 PM (2000 hours) – 5:00 AM (0500 hours)
PNA (Developed Park Area)	8:00 PM (2000 hours) – 5:00 AM (0500 hours)
PF (Nonpark Use)	10:00 PM (2200 hours) – 5:00 AM (0500 hours)
Special Exception LOC § 50.06.004.3.b.iv	Midnight (2400 hours) – 5:00 AM (0500 hours)

(i)

Exception: Automatic lighting control systems or devices are not required for the following:

(A)

When there is only one (conforming) luminaire for the site.

(B)

Building Code required lighting.

(C)

Lighting for ramps, steps and stairs.

(D)

Uses that operate continuously or periodically after curfew.

iv.

Special Exception for Lighting Fixtures and Systems Exceeding Subsection iii, Outdoor Lighting in PF and PNA Zones, Requirements.

(1)

The reviewing authority may allow site lighting systems to be installed, modified, or replaced that do not comply with subsection 3.b.iii of this section. Such lighting may include sports lighting systems (including but not limited to sport fields and stadiums, such as baseball field and football field lighting, tennis court lighting, and swimming pool area lighting), other very intense lighting defined as having a light source exceeding 200,000 lumens or an intensity in any direction of more than 2,000,000 candelas, construction lighting for public infrastructure and similar projects, emergency construction projects that require construction at night, bridges, building facade lighting to light portions of buildings over two stories high, and public monuments.

(a)

Applicants shall demonstrate that the proposed lighting installation:

(i)

Is within the PF or PNA zone.

(ii)

Has no practicable alternative.

(iii)

Has received every reasonable effort to mitigate glare, light trespass, and artificial sky glow, by application of best lighting practices or available technology, and supported by a signed statement from a registered civil or electrical engineer describing the mitigation measures. Such statement shall include calculations indicating the light trespass levels (horizontal and vertical at ground level) at the property line(s).

(b)

The reviewing authority may impose conditions of approval to mitigate any negative impacts resulting to the abutting parcel(s), based on best lighting practices and available lighting technology.

Street Lighting.

(1)

Street lighting installations shall achieve criterion values listed in Table 50.06.004-6.

TABLE 50.06.004-6: CITY STANDARD CRITERIA FOR STREET AND ROADWAY LIGHTING (FOOT-CANDLES – FC)
	PNA (Natural Area) Zone	R-3, R-5, R-7.5, R-6, R-10, and R-15, R-DD, PNA (Developed Park Area), PF and R-W Zones	R-0, R-2, WLG R-2.5, I, IP, and CR&D Zones	GC, NC, MC, EC, HC, OC, WLG OC, WLG RMU and CI Zones	Special Exception LOC § 50.06.004.3.b.iv
LOCAL STREETS	Not permitted	Light levels at intersections only*	Light levels	Light levels	Light levels
Avg: Light Level	N/A	0.3 fc	0.3 fc	0.4 fc	0.4 fc
Avg: Min. Uniformity	N/A	6:01	6:01	6:01	6:01
Max: Min. Uniformity	N/A	40:01:00	40:01:00	40:01:00	40:01:00
NEIGHBORHOOD COLLECTORS	Not permitted	Light levels at intersections only*	Light levels	Light levels	Light levels
Avg: Light Level	N/A	0.3 fc	0.4 fc	0.6 fc	0.6 fc
Avg: Min. Uniformity	N/A	4:01	4:01	4:01	4:01
Max: Min. Uniformity	N/A	20:01	20:01	20:01	20:01
MAJOR COLLECTOR/MINOR ARTERIAL	Not permitted	Light levels	Light levels	Light levels	Light levels
Avg: Light Level	N/A	0.3 fc	0.4 fc	0.6 fc	1.0 fc
Avg: Min. Uniformity	N/A	4:01	4:01	4:01	4:01
Max: Min. Uniformity	N/A	20:01	20:01	20:01	20:01
MAJOR ARTERIALS	Street lighting standards for major arterials shall be determined by the City Engineer, who may require an independent engineering study to determine the appropriate lighting system.

Notes:
* Luminaires only within 150 ft. of the center point of an intersection.

(a)

Exception: Federal or state requirements that require a higher illumination value than required by this Code.

(2)

Street lighting systems shall be designed using the IES "Classical" horizontal foot-candle method per IES/ANSI RP-8-01, and as follows:

(a)

The applicant shall demonstrate compliance with Table 50.06.004-6 by submitting to the City Engineer point-by-point calculations assuming 65% light loss factor for metal halide and 80% for LED, high pressure sodium, tungsten, fluorescent and induction lamp sources. Submitted street lighting plans shall indicate luminaire types and locations and provide isocandle plots including statistical summaries of roadway lighting.

(b)

Luminaires shall be fully shielded.

(i)

Exception: Historic or architectural street lights located in a designated design district.

(c)

The City Engineer may require street lighting that deviates from Table 50.06.004-6: City Standard Criteria for Street and Roadway Lighting upon finding that a particular street, or portion thereof, warrants a higher level of illumination to protect the public safety and welfare. The City Engineer’s decision shall be the final decision of the City. The discouragement of property damage crime is not a sufficient factor in and of itself to warrant the deviation from Table 50.06.004-6.

§ 50.06.005 Park and Open Space Contributions.

Applicability.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2599, Amended, 12-18-2012; Ord. No. 2612-A, Amended, 5-21-2013; Ord. No. 2723, Amended, 2016]

Except as provided in LOC § 50.06.005.1.b, this section is applicable to all major development, and to the following minor developments:

Construction or alteration of multi-family dwelling;

ii.

Construction or alteration of major public facilities;

iii.

Construction or alteration of commercial development;

iv.

Construction or alteration of institutional development;

Construction or alteration of private recreational development;

vi.

Construction or alteration of industrial development; and

vii.

Major partitions and subdivisions.

The above developments located within:

The Downtown Redevelopment Design District shall comply with LOC § 50.05.004.8 rather than the provisions of this section.

ii.

The FMU zone is not subject to this section.

Development Review.

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

The review procedures for park and open space contributions are located in LOC § 50.07.004.7, Park and Open Space Contribution.

Standards for Approval.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2612-A, Amended, 5-21-2013; Ord. No. 2643, Amended, 11-4-2014; Ord. No. 2648, Amended, 2-17-2015; Ord. No. 2687, Amended, 12-15-2015; Ord. No. 2732, Amended, 2-21-2017; Ord. No. 2853, Amended, 11-3-2020]

Amount of Open Space Required.

All developments, except as otherwise provided by this section, shall provide open space land approved by the City in an aggregate amount equal to at least 20% of the net developable area of the development.

ii.

Commercial (except commercial development in OC zone), institutional, and industrial development shall provide open space approved by the City in an aggregate amount equal to at least 15% of the net developable area of the development.

iii.

Land divisions listed in LOC § 50.06.005.1.a.vii on sites of greater than 75,000 sq. ft. in size shall provide open space approved by the City in an aggregate amount equal to at least 20% of the net developable area of the development.

iv.

Subdivisions and major partitions of 75,000 sq. ft. or less shall provide open space for the following areas of the site, in order of priority:

(1)

Areas identified as RP (Resource Protection) on the Sensitive Lands Map.

(2)

If a pathway identified on the Transportation System Plan already exists on or abutting the site, or is to be dedicated or improved as part of the subdivision or major partition, a five-ft. buffer shall be provided along each side of the pathway, to a maximum of 20% of the gross site area. If the buffer area would exceed 20% of the gross site area, the buffer area shall be uniformly reduced along the pathway so that the buffer area is 20% of the gross site area.

Exception: The buffer width may be reduced to a lesser amount, up to zero, as designated by an adopted plan for the mapped pathway.

(3)

The area of the site contains resources identified as Class I or II Riparian Corridors/Wild-life Habitat that are not designated RP; provided, however, the maximum required area is 20% of the gross site area.

[Cross-Reference: Class I or II Riparian Corridors/Wildlife Habitat are identified on the Metro map of Regionally Significant Fish and Wildlife Habitat Inventory Map. See MetroMap at https://gis.oregonmetro.gov/metromap/?_ga=1.107051716.739631480.1447199768, and select "Riparian Habitat" for interactive map that can zoom in to the specific area.]

(4)

The area of the site contains resources meeting the criteria for Habitat Benefit Areas (HBA) and the applicant elects to use the code incentives in LOC § 50.05.010.7.

Required Open Space – How Provided.

Open space land in commercial, institutional, public use, industrial and office campus development may be provided as a combination of reserved land and landscaping.

ii.

Where no RP or RC district resources are located on the site, the open space requirement can be met by protecting designated Habitat Benefit Area (HBA) area pursuant to LOC § 50.05.010.7, by protecting nondesignated natural resource areas, and/or providing landscaping which meets the requirements of the landscaping standard.

iii.

Public park land, if transfer of the land from the development site is accepted by the governmental agency.

Standards for Construction.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2526, Amended, 12-18-2012; Ord. No. 2732, Amended, 2-21-2017]

Maintenance.

Natural Areas.

Natural areas shall remain in natural condition existing at the time of their designation, except as follows:

(1)

Removal of invasive plants (i.e., see the Lake Oswego Master Plant List).

(2)

Removal of litter.

(3)

Installation and maintenance of any soft surface trails (note: see LOC §§ 50.05.010.5.c.iii(5) and 50.05.010.6.c.ii(1)(e)(i)(C).

(4)

Irrigation and maintenance of trees and vegetation as necessary for their survival.

(5)

Planting of trees and vegetation necessary to maintain the functions and values of the natural resource, but primarily not for decorative landscaping purposes.

(6)

Repair of any natural waterway or wetland which is necessary to maintain the functions and values of any waterway or wetland resource within the natural area.

(7)

Installation of any signage that identifies or protects the natural resource, natural vegetation, and passive recreation facilities.

(8)

Removal of any hazardous trees, pursuant to LOC Article 55.02 (note: condition of approval may require tree to be converted to a wildlife tree).

(9)

Installation and maintenance of fencing that complies with the following:

(a)

No taller than three ft.;

(b)

Non-sight-obscuring; and

(c)

No wire mesh or cyclone fence.

Such fencing shall be compliant with the provisions of LOC § 50.06.004.2 regarding standards for construction and standards for maintenance of fences, and, if applicable, LOC §§ 50.05.010.5 or 50.05.010.6.

(10)

Removal of invasive, hazardous or emergency trees, notwithstanding any recorded restriction limiting removal of vegetation; and removal of dead trees, except as otherwise restricted by LOC § 50.05.010, Sensitive Lands Overlay.

ii.

Parks.

Parks shall be maintained by undertaking the following:

(1)

Any activities permitted in natural areas above.

(2)

Repair of any natural waterway or wetland which is necessary to maintain the functions and values of any waterway or wetland resource within the park.

(3)

Installation of any signage that identifies or protects the park facilities or vegetation.

(4)

Installation and maintenance of recreation facilities.

Responsibility and Enforcement.

Maintenance of private open space shall be the common responsibility of the lot owners, which may be exercised through a homeowners association. If not maintained in accordance with this section, the City of Lake Oswego may enforce the maintenance obligations against the association and lot owners as provided in the covenants.

Density Transfer.

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

Density Transfer Allowed.

Open space may be included in the net site area when determining the maximum allowable density. Structures that otherwise might have been located on open space may be transferred to other portions of the site, and lot areas may be reduced to offset for land reserved as open space, as long as the overall density remains within the maximum permitted by the zone.

§ 50.06.006 Geologic Hazards and Stormwater Management.

Weak Foundation Soils.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2526, Amended, 12-18-2012]

Applicability.

This section applies in all areas identified as "Potential Weak Foundation Soils" to all:

Minor and major development which will involve proposed structures, or

ii.

Ministerial construction of structures where the requirements of this article have not been previously applied to the development site.

Weak Foundation Soils Maps.

Weak foundation soils are identified in the "Engineering Geology" report supplement and accompanying map of the Lake Oswego Physical Resources Inventory, March 1976.

ii.

These soils are also identified and described in the report entitled "Soil Survey Interpretations for Land Use Planning and Community Development, Lake Oswego Area, Oregon," USDA Soil Conservation Service, December 1975.

The SCS map units which correspond to the Engineering Geology units above are listed in Table II: Characteristics and Limitations of Earth Materials, in the Engineering Geology Report of L.O.P.R.I.

Development Review.

The review procedures for a determination of weak foundation soils are located in LOC § 50.07.004.10, Weak Foundation Soils Determination Procedures.

Standards for Approval.

The actual presence of weak foundation soil is not a cause for denying development, but may cause structural modifications to be required, or structures to be relocated.

Hillside Protection.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2526, Amended, 12-18-2012]

Applicability.

This section applies in areas identified as "Slide Area," "Slide Hazard," or parcels that have undisturbed slopes in excess of 12%, and where:

Minor and major development will involve proposed structures; or

ii.

Ministerial construction of structures where the requirements of this article have not been previously addressed.

Hazard Area Maps.

Known Potential Severe Landslide Hazard Areas are described and mapped in the Engineering Geology chapter of the Lake Oswego Physical Resources Inventory, March 1976, on file at City Hall; specifically in Table II, Characteristics and Limitations of Earth Materials, and Engineering Geology map.

Development Review.

The review procedures for development in a hillside protection area are located in LOC § 50.07.004.3, Hillside Protection.

Standards for Approval.

All developments on undisturbed slopes shall be designed to minimize the disturbance of natural topography, vegetation and soils.

ii.

Cuts and fills shall conform to the minimum requirements of LOC Chapter 45.

iii.

Development Prohibited.

(1)

Where landslides have actually occurred, or where field investigation confirms the existence of a severe landslide hazard, development shall be prohibited except as provided in subsection 2.d.iii(2) of this section.

(2)

Exceptions. A licensed geotechnical engineer, registered civil engineer experienced in soils engineering, or licensed engineering geologist shall certify that methods of rendering a known hazard site safe for construction are feasible for a given site. The applicant shall establish that the proposed methods are adequate to prevent landslides or damage to property and safety. The granting authority may allow development in a known or confirmed landslide hazard area if specific findings are made that the specific provisions in the design of the proposed development will prevent landslides or damage. The granting authority may apply any conditions, including limits on type or intensity of land use, which it determines are necessary to assure that landslides or property damage will not occur.

iv.

Cuts and Fills.

On land with unretained undisturbed slopes in excess of 12%, cuts and fills shall be regulated in accordance with LOC Chapters 45 and 52, and as follows:

(1)

Toes of cuts and fills shall be set back from boundaries of separate private ownerships at least three ft., plus one-fifth of the vertical height of the cut or fill. Where a variance is required from that requirement, slope easements shall be provided.

(2)

Cuts shall not remove the toe of any slope where a severe potential landslide or erosion hazard exists (as defined in this standard).

(3)

Any structural fill shall be designed by a registered engineer, in accordance with standard engineering practice; the engineer shall certify that the fill has been constructed as designed and in accordance with the provisions of LOC Chapter 45.

(4)

Retaining walls shall be constructed in accordance with the Oregon State Structural Specialty Code, as enacted on January 1, 2002, or as thereafter amended by the Oregon Building Codes Division.

(5)

No more than 65% of area in undisturbed slopes of 20% to 50% shall be graded or stripped of vegetation.

Roads shall be the minimum width necessary to provide safe vehicle access, minimize cut and fill, and provide positive drainage control, all in accordance with LOC Chapter 42.

vi.

Land over 50% undisturbed slope shall be developed only where density transfer is not feasible. The development will provide that:

(1)

At least 70% of the site will remain free of structures or impervious surfaces.

(2)

Emergency access can be provided.

(3)

Design and construction of the project will not cause erosion or land slippage.

(4)

Grading, stripping of vegetation, and changes in terrain are the minimum necessary to construct the development.

Construction Standards.

All development activity on undisturbed slopes shall minimize stripping or other soil disturbance and shall provide prevention measures in accordance with LOC Chapter 52, Erosion Control.

ii.

Plastic mulch may be used only temporarily, during construction activities.

iii.

Slope stabilization and revegetation measures:

(1)

No grading, clearing or excavation of any land shall be initiated prior to approval of the grading plan. The plan shall be approved by the City Manager as part of the development permit.

(2)

The developer shall be responsible for the proper execution of the approved grading plan.

Stormwater Management Standards.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2526, Amended, 12-18-2012; Ord. No. 2687, Amended, 12-15-2015; Ord. No. 2695, Amended, 2-16-2016]

Applicability.

Stormwater management requirements are applicable to all development where:

Greater than 1,000 sq. ft. of impervious surface is created; or

ii.

The sum of impervious surface created and/or replaced is greater than 3,000 sq. ft.; or

iii.

Maintenance is performed on greater than or equal to 3,000 sq. ft. of existing impervious surface that results in an additional offsite hydrological impact.

Standards for Approval.

The applicant must demonstrate that, based upon LOC Article 38.25, Stormwater Management Code, the capacity, type, location, feasibility and land area required of the proposed stormwater management system and stormwater disposal facilities as well as any connection to off-site facilities can be provided.

Stormwater management measures and requirements are detailed in LOC §§ 38.25.001 through 38.25.190 and in the current version of the Lake Oswego Stormwater Management Manual.

§ 50.06.007 Solar Access.

Solar Access for New Development.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2612-A, Amended, 5-21-2013; Ord. No. 2797, Amended, 11-6-2018; Ord. No. 2892, Amended, 6-7-2022; Ord. No. 2938, Amended, 4-2-2024]

Purpose.

The purposes of the solar access provisions for new development are to ensure that land is divided so that structures can be oriented to maximize solar access and to minimize shade on adjoining properties from structures and trees.

Applicability.

The solar design standard in LOC § 50.06.007.1.c shall apply to subdivision applications (except Middle Housing Land Divisions (ORS 92.031)), that create lots intended for single-family detached or middle housing dwellings in any zone, except to the extent the reviewing authority finds that the applicant has shown one or more of the conditions listed in LOC § 50.04.004.1, Exemptions from Solar Design Standard, and LOC § 50.04.004.2, Adjustments to Solar Design Standard, exist and exemptions or adjustments provided for therein are warranted.

Solar Design Standard.

At least 80% of the lots in a development subject to this section shall comply with one or more of the options in this section. In order to be included in the 80% requirement, a lot must also comply with LOC § 50.06.007.1.d.

Basic Requirement.

A lot complies with this section if it:

(1)

Has a north-south dimension of 90 ft. or more; and

(2)

Has a front lot line that is oriented within 30° of a true east-west axis.

ii.

Protected Solar Building Line Option.

In the alternative, a lot complies with this section if a solar building line is used to protect solar access as follows:

(1)

A protected solar building line for the lot is designated on the plat, or documents recorded with the plat; and

(2)

The protected solar building line for the lot is oriented within 30° of a true east-west axis; and

(3)

There is at least 70 ft. between the protected solar building line on the lot to the north and the middle of the north-south dimension of the lot to the south, measured along a line perpendicular to the protected solar building line; and

(4)

There is at least 45 ft. between the protected solar building line and the northern edge of the buildable area of the lot, or habitable structures are situated so that at least 80% of their south-facing wall will not be shaded by structures or solar-unfriendly vegetation.

iii.

Performance Option.

In the alternative, a lot complies with this section if:

(1)

Habitable structures built on the lot will have their long axis oriented within 30° of a true east-west axis and at least 80% of their ground floor south wall protected from shade by structures and solar-unfriendly trees; or

(2)

Habitable structures built on the lot will have at least 32% of their glazing and 500 sq. ft. of their roof area which faces within 30° of south and is protected from shade by structures and solar-unfriendly trees.

Protection from Future Shade.

Structures and solar-unfriendly vegetation must comply with the Solar Balance Point provisions, LOC § 50.06.007.2, for existing lots if located on a lot that is subject to the solar design standard in LOC § 50.06.007.1.c, or if located on a lot south of and adjoining a lot that complies with the solar design standard.

Solar Balance Point.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2644, Amended, 4-7-2015; Ord. No. 2797, Amended, 11-6-2018]

Purpose.

The purposes of this section are to promote the use of solar energy, to minimize shading of structures by structures and accessory structures, and, where applicable, to minimize shading of structures by trees. Decisions related to these provisions are intended to be ministerial and not subject to a public hearing and are to be processed as a part of the consideration of the minor development permit for the affected structures.

Applicability.

This section applies to an application for a building permit for all structures in the R-7.5, R-10 and R-15 zones and all single-family detached structures in any zone, except to the extent the City Manager finds the applicant has shown that one or more of the conditions listed in LOC § 50.04.004.3, Exemption from the Maximum Shade Point Height Standard, and LOC § 50.04.004.4, Adjustments to the Maximum Shade Point Height Standards, exists, and exemptions or adjustments provided for therein are warranted. In addition, solar-unfriendly vegetation planted on lots subject to the provisions of LOC § 50.06.007.1.d, Protection from Future Shade, shall comply with the maximum shade point height standard. Solar plan procedures are located in LOC § 50.07.004.9.1[1]

[1]

Editor’s Note: LOC § 50.007.004.9 Repealed by Ord. 2797, effective December 16, 2018.

Maximum Shade Point Height Standard.

The height of the shade point shall comply with either subsection 2.c.i or ii of this section.

Basic Requirement.

The height of the shade point shall be less than or equal to the height specified in Table 50.06.007-1 or computed using the following formula. If necessary, interpolate between the five-ft. dimensions listed in Table 50.06.007-1.

TABLE 50.06.007-1: CALCULATION OF HEIGHT OF SHADE POINT
H =	(2 x SRL) - N + 150 5
Where:
H = The maximum allowed height of the shade point.
SRL = Shade reduction line (the distance between the shade point and the northern lot line); and
N = The north-south lot dimension; provided, that a north-south lot dimension more than 90 ft. shall use a value of 90 ft. for this section.

Provided, the maximum allowed height of the shade point may be increased one ft. above the amount calculated using the formula or Table 50.06.007-2 for each ft. that the average grade at the rear property line exceeds the average grade at the front property line.

TABLE 50.06.007-2: MAXIMUM PERMITTED SHADE POINT HEIGHT
Distance to Shade Reduction Line from Northern Lot Line (in ft.)	North-South Lot Dimension (in ft.)
	100+	95	90	85	80	75	70	65	60	55	50	45	40
70	40	40	40	41	42	43	44
65	38	38	38	39	40	41	42	43
60	36	36	36	37	38	39	40	41	42
55	34	34	34	35	36	37	38	39	40	41
50	32	32	32	33	34	35	36	37	38	39	40	41	42
45	30	30	30	31	32	33	34	35	36	37	38	39	40
40	28	28	28	29	30	31	32	33	34	35	36	37	38
35	26	26	26	27	28	29	30	31	32	33	34	35	36
30	24	24	24	25	26	27	28	29	30	31	32	33	34
25	22	22	22	23	24	25	26	27	28	29	30	31	32
20	20	20	20	21	22	23	24	25	26	27	28	29	30
15	18	18	18	19	20	21	22	23	24	25	26	27	28
10	16	16	16	17	18	19	20	21	22	23	24	25	26
5	14	14	14	15	16	17	18	19	20	21	22	23	24

ii.

Performance Option.

The proposed structure, or applicable solar-unfriendly vegetation, will shade not more than 20% of the south-facing glazing of existing habitable structure(s), or, where applicable, the proposed structure or solar-unfriendly vegetation complies with LOC § 50.06.007.1.c.ii or iii. If the protected solar building line is used, solar-unfriendly trees and the shade point of structures shall be set back from the protected solar building line two and one-half ft. for every one ft. of height of the structure or of the mature height of solar-unfriendly vegetation over two ft.

Analysis of Allowed Shade on Solar Feature.

The applicant is exempt from this section if the lot(s) south of and adjoining the applicant’s property is exempt from LOC § 50.06.007.2.c, Maximum Shade Point Height Standard.

ii.

Applicants shall be encouraged to design and site a proposed habitable structure so that the lowest height of the solar feature(s) will not be shaded by buildings or solar-unfriendly trees on lot(s) to the south. The applicant shall complete the following calculation procedure to determine if the solar feature(s) of the proposed structure will be shaded. To start, the applicant shall choose which of the following sources of shade originating from adjacent lot(s) to the south to use to calculate the maximum shade height at the north property line:

(1)

Existing structure(s) or solar-unfriendly trees; or

(2)

The maximum shade that can be cast from future buildings or solar-unfriendly trees, based on Table 50.06.007-3. If the lot(s) to the south can be further divided, then the north-south dimension shall be assumed to be the minimum lot width required for a new lot in that zone.

TABLE 50.06.007-3: ADJACENT SHADE CALCULATION
North-south lot dimension of adjacent lot(s) to the south (in ft.)	100	95	90	85	80	75	70	65	60	55	50	45	40
Allowed shade height (SH) at the north property line of adjacent lot(s) to the south (in ft.)	12	12	12	13	14	15	16	17	18	19	20	21	22

iii.

The height of the lowest point of any solar feature of the proposed structure shall be calculated with respect to either the average elevation or the elevation at the midpoint of the front lot line of the lot to the south.

iv.

The applicant shall determine the height of the shadow that may be cast upon the applicant’s solar feature by the source of shade selected in subsection 2.d.ii of this section by using the following formula or Table 50.06.007-4.

SFSH = SH – (SGL/2.5)

Where:

SFSH = The allowed shadow height on the solar feature.

SH = The height of the shade at the northern lot line of lot(s) to the south as determined in LOC § 50.06.007.2.

SGL = The solar gain line (the distance from the solar feature to the northern lot line of adjacent lot(s) to the south).

Table 50.06.007-3 may be used to determine (SH) in the above formula.

TABLE 50.06.007-4: MAXIMUM PERMITTED HEIGHT OF SHADOW AT SOLAR FEATURE
Distance from Solar Gain Line to Lot Line (in ft.)	Allowed Shade Height (SH) at Northern Lot Line of Adjacent Lot(s) to the South (in ft.)
	22	21	20	19	18	17	16	15	14	13	12
50	2	1
45	4	3	2	1
40	6	5	4	3	2	1
35	8	7	6	5	4	3	2	1
30	10	9	8	7	6	5	4	3	2	1
25	12	11	10	9	8	7	6	5	4	3	2
20	14	13	12	11	10	9	8	7	6	5	4
15	16	15	14	13	12	11	10	9	8	7	6
10	18	17	16	15	14	13	12	11	10	9	8
5	20	19	18	17	16	15	14	13	12	11	10

If the allowed shade height on the solar feature calculated in subsection 2.d.iv of this section is higher than the lowest height of the solar feature calculated in subsection 2.d.iii of this section, the applicant shall be encouraged to consider any changes to the house design or location which would make it practical to locate the solar feature so that it will not be shaded in the future.

Solar Balance Point.

If a structure does not comply with the maximum shade point height standard in LOC § 50.06.007.2.c and the allowed shade on a solar feature standard in LOC § 50.06.007.2.d, then the solar balance point of the lot shall be calculated. The solar balance point is the point on the lot where a structure would be the same from complying with both of these standards.

Yard Setback Adjustment.

A yard setback may be adjusted for solar access according to the provisions of LOC § 50.04.003.3.d, Solar Access Yard Setback Adjustment.

§ 50.06.008 Utilities; Streets/Sidewalks (Pathways) and Other Public Infrastructure.

Applicability.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2908, Amended, 6-6-2023]

All development that:

For residential and nonresidential development: Requires connection to utilities or connection to utilities is elected; or

For residential development: Increases residential density by additional dwelling units or creates lots by land division or lot line adjustment, or street/sidewalk (pathway) or other public infrastructure is required or elected; or

Exception: Residential density not applicable when the additional density is limited to either one detached dwelling unit on a vacant lot, an accessory dwelling unit or a duplex on an existing lot, or middle housing created through the addition to, or conversion of, an existing detached single-family dwelling. "Conversion" means a remodel of an existing single-family dwelling that creates middle housing but does not involve "demolition" as defined in LOC § 45.12.100.

For nonresidential development – minor or major development: See LOC § 50.07.003.5.a.iii.

Development Review.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2908, Amended, 6-6-2023]

The review procedures are located in LOC § 50.07.004.11, Utilities; Streets/Sidewalks (Pathways) and Other Public Infrastructure.

Standards for Approval.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2908, Amended, 6-6-2023]

Dedication Required.

Dedication of easements or right-of-way for utilities, streets/sidewalks (pathways) and other public infrastructure, and associated and related facilities, shall be provided by the property owner. See subsection 3.d.ii of this section for additional dedication requirements relating to streets/sidewalks (pathways) and other public infrastructure.

Designs and Specifications Required.

Source of Design and Specifications.

All designs and construction specifications shall be prepared by a registered engineer, unless waived by the City Engineer or Public Works Director, in which case the applicant shall comply with the City’s design plans, specifications and details. The City’s design plans and specifications on file with the Engineering Department and Public Works Department include:

(1)

Design standards within Transportation System Plan and Comprehensive Plan.

(2)

LOC Chapters 42 and 50.

(3)

Engineering design standards, or other Engineering and Public Works Departments plans, specifications (including technical specifications and standard details) and policies.

(4)

Rules and regulations of the Public Utility Commissioner of the state relating to the installation and safety of underground lines, plant, system, equipment and apparatus.

(5)

Other applicable standards.

ii.

Sanitary Sewer.

(1)

Design shall take into account the capacity and grade to allow for future extension beyond the development and, where required by the City Manager, shall be extended to the upstream property line to allow for such future extension unless waived by the City Manager upon a finding that future extension is not likely to occur because of topography, existing development patterns, sensitive lands, or other barriers to extension.

(2)

Sanitary sewers shall be designed to serve the development and to connect the development to existing mains.

(3)

Upsize inadequate sewer lines when needed for adequate sewage flow from the development per accepted engineering standards.

(4)

All sanitary sewer designs shall include appurtenant structures, such as:

(a)

Pipe size and materials;

(b)

Manholes;

(c)

Cleanouts;

(d)

Backfill requirements;

(e)

Service laterals.

iii.

Water System.

(1)

Design shall provide for extension beyond the development to adequately grid or loop the City system unless waived by the City Manager upon a finding that gridding or looping is not feasible because of topography, existing development patterns, sensitive lands, or other barriers.

(2)

Design shall include materials, size and location of water mains, service lines, valves and hydrants. Hydrants shall be located as required by the Oregon Fire Code.

(3)

Upsize inadequate water lines when needed for adequate water flow to the development per accepted engineering standards.

iv.

Streets, Sidewalks (Pathways) and Other Street Public Infrastructure.

Design streets, sidewalks (pathways) and other street public infrastructure in accordance with subsection 3.b.i of this section:

(1)

Any special pedestrian ways and bicycle paths;

(2)

Street name signs;

(3)

Traffic control signs and devices;

(4)

Street lights, which shall be served from a source of power; and

(5)

Streets, sidewalks (pathways), curb and gutters or other street improvements.

Where sidewalks (pathways), and curbs and gutters or other street improvements (e.g., gravel shoulders, drainage swales) are required, they shall be designed to be on the site’s frontage that abuts the street(s), or across the street from the site if City Public Facility Master Plans direct that they be across the street from the development.

Additional Public Infrastructure.

Additional or alternative public infrastructure shall be designed in accordance with applicable plans and specifications referenced in subsection 3.b.i. of this section.

Utilities Required.

The following utilities, whether on or off site, are required when this standard is applicable per subsection 1.a of this section:

Sanitary Sewer Systems.

Sanitary sewers shall be installed to serve the development and to connect the development to existing mains.

ii.

Water Distribution Systems.

(1)

All development shall be served by service lines, main water lines, valves and fire hydrants which are connected to City mains or the water mains of water districts which provide service within the City.

(2)

One water service line shall be provided to each lot in a development. Each structure with plumbing shall connect to the water system. The system shall be designed to supply fire flow requirements of LOC Chapter 45.

iii.

Underground Utility and Service Facilities, as Required.

Utility easement widths shall be to the satisfaction of the franchise utility companies. For City utilities, the utility easements shall be a minimum of 15 ft. (seven and one-half ft. on each side) in width on easements not adjacent to a street right-of-way per LOC § 42.18.1030(1)(c), unless otherwise approved by the City Engineer. A greater width is required when necessary to facilitate utility installation and maintenance, as determined by the City Manager.

Streets, Sidewalks (Pathways) and Other Street Public Infrastructure; Additional Public Infrastructure.

The following streets, sidewalks (pathways), other street public infrastructure, and additional public infrastructure shall be installed, when required by City codes or plans referenced in subsection 3.b.i of this section, whether on or off site, or when this standard is applicable per either subsection 1.b or 1.c of this section:

(1)

Any special pedestrian ways and bicycle paths;

(2)

Street name signs;

(3)

Traffic control signs and devices;

(4)

Street lights, which shall be served from a source of power; and

(5)

Streets, sidewalks (pathways), curb and gutters or other street improvements (e.g., gravel shoulders, drainage swales).

(6)

Additional public infrastructure.

ii.

Additional Street Right-of-Way Dedication Requirements.

If existing rights-of-way for streets contiguous to the property are not adequate in width to meet the referenced standards in subsection 3.b.i of this section, the applicant shall dedicate right-of-way sufficient to allow streets that are adequate in width and that connect to existing public streets and sidewalks/pathways and related public infrastructure.

Dedication of the minimum right-of-way is that required for the minimum width necessary as provided in the referenced plans and specifications in subsection 3.b.i of this section for streets where the City is the road authority. For streets where another governmental entity is responsible for the design and construction standards of a street, e.g., road authority per ORS 810.010 or county authority over county roads per ORS 368.016, then dedication to the minimum width is that required by the applicable governmental standards.

Urbanizing Rural Fringe and Transition Neighborhoods[1]

[1]

Editor’s Note: The Engineering Department’s Urbanizing Rural Fringe and Transition Neighborhoods Policy is presently applicable to the area shown below, except for streets where the county is the road authority.

iii.

Street Paving.

Streets shall be designed and pavement installed from the continuation of the roadway centerline out to the applicable stated distance as provided in the relevant plans and specifications.

City Engineer Reduction or Elimination.

The City Engineer may reduce or eliminate the specific utilities, streets/sidewalks or other public infrastructure requirements of this subsection 3 upon a finding that:

Existing infrastructure meets the standard;

ii.

It is not the appropriate time to connect the required utilities, streets/sidewalks or other public infrastructure with other nearby utilities, streets/sidewalks or other public infrastructure. In that event, the owner shall execute and record a covenant that the owner shall construct the specific utilities, streets/sidewalks or other public infrastructure upon notice by the City Manager, or if permitted by the City Manager, in lieu of a covenant, the owner shall execute a waiver of remonstrance for the formation of a local improvement district for said utilities, streets/sidewalks or other public infrastructure; or

iii.

The required utilities, streets/sidewalks (pathways) and other public infrastructure must be reduced because the requirement would exceed the rough proportionality legally permissible, considering the factors listed in subsection 7.b of this section, to the extent stated in subsection 7.c of this section.

Standards for Construction.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2797, Amended, 11-6-2018; Ord. No. 2853, Amended, 2020; Ord. No. 2908, Amended, 6-6-2023; Ord. No. 2909, Amended, 2-7-2023]

Utility construction within easements shall minimize disturbance to existing conditions, especially trees and other vegetation.

Any disturbed areas within easements shall be restored to a condition similar to the condition prior to construction, including the replacement of plants of similar species as those removed or damaged. Replacement trees shall be of similar species and be a minimum of one and one-half in. caliper.

Utilities to the development and existing utilities along the development’s street frontage shall be installed underground unless exempted by the City Manager for any of the following reasons:

Developments which need multiphase voltages or high kilo volt amperes (kVA) demands may develop with pad transformers where underground transformers are not feasible. Padmounted transformers shall be buffered from sight by landscaping or other suitable methods.

ii.

Pad-mounted transformers are allowed in subdivisions, but shall be buffered from sight by landscaping or other suitable methods.

iii.

Above ground telephone and cable television junction boxes are allowed.

iv.

Accessory Dwelling Units (ADUs). No undergrounding of existing or new utilities along street frontages is required. Undergrounding of new on-site utilities is required for ADUs that add floor area.

Remodel of Structures. No undergrounding of existing or new utilities along street frontages is required. Undergrounding of new on-site utilities is required for building additions that add floor area.

vi.

Land Division in Residential Zone. If the parcel of land that is the subject of a land division ("parent parcel") is less than four times the minimum lot area for the residential zone (regardless of the actual number of lots created by the land division), existing utilities along the street frontage are exempt, but new utilities to development within the area of the parent parcel shall be installed underground.

vii.

Deferred Undergrounding. Any requirement to underground existing utilities along the street frontage ("street frontage" applies to both sides of a street) of a development may be deferred by the City Manager upon finding that undergrounding of utilities is not practicable at the time. In lieu of then undergrounding, the owner shall execute a covenant, approved by the City Attorney, and recorded in the official records of the county where the real property is located, binding upon the lots created by the land division of the parent parcel in any zone, and any later land divisions of those lots:

(1)

Waiving the right to remonstrate regarding the formation of a local improvement district to underground utilities; and

(2)

Obligating the owner(s) to underground existing utilities along the frontage of the parent parcel when the City Manager determines that it is practicable to underground the frontage utilities. The covenant shall provide that the cost of undergrounding is a joint and several obligation of the owner(s), and shall provide for the right of any owner to perform the undergrounding and to lien the other properties for the cost. If the owner(s) fail to perform the undergrounding as required, the City shall have the right to undertake the undergrounding and to lien all properties jointly and severally for the cost of the undergrounding, including an additional 20% for administrative cost.

Sanitary Sewers.

Capacity, grade and materials shall be as approved by the City Manager. Minimum size shall be eight in. diameter with six in. diameter allowed at the terminus of a sewer line.

Service Laterals.

One service lateral shall be provided to each lot.

All facilities as described in this section shall be constructed in compliance with the rules and regulations of the City Manager.

Standards for Maintenance.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2908, Amended, 6-6-2023]

None.

Cost of Improvements.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2908, Amended, 6-6-2023]

The cost of all utility, street/sidewalks (pathway) and other public infrastructure improvements shall be borne by the developer.

[Cross-Reference: See also LOC Chapter 39 – System Development Charges.]

Limitation to Requirement to Design and Install Required Utilities; Streets/Sidewalks (Pathways) and Other Public Infrastructure.

[Ord. No. 2908, Added, 6-6-2023]

Application for Limitation.

If the applicant asserts that the required utilities, streets/sidewalks (pathways) and other public infrastructure cannot legally be required, as a requirement or condition of structural permit or development review approval, to provide dedications or improvements at the level otherwise required by this section, then the applicant shall file a minor development application to seek a limitation on the requirement for installation of utilities, streets/sidewalks (pathways) and other public infrastructure;

Rough Proportionality Report.

In addition to the requirements for a minor development application per LOC § 50.07.003.1 and .14, the structural permit or development review application shall include a rough proportionality report, prepared by a qualified civil or traffic engineer, as appropriate, showing:

The estimated extent, on a quantitative basis, to which the improvements will be used by persons served by the building or development, whether the use is for safety or for convenience;

ii.

The estimated level, on a quantitative basis, of improvements needed to meet the estimated extent of use by persons served by the building or development;

iii.

The estimated impact, on a quantitative basis, of the building or development on the public infrastructure system of which the improvements will be a part;

iv.

The estimated level, on a quantitative basis, of improvements needed to mitigate the estimated impact on the public infrastructure system; and

Amount of Limitation.

If the reviewing authority concludes that the required utilities, streets/sidewalks (pathways) and other public infrastructure must be limited because the requirement would exceed the rough proportionality legally permissible, the applicant shall, instead, be required to provide dedications and improvements on site or off site that are roughly proportional to what is needed to mitigate the impacts of the building, structure or development upon the public infrastructure system, and for the convenience of persons served by the building, structure, or development.

§ 50.06.009 Historic Preservation.

Scope and Compliance.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2668, Amended, 12-1-2015; Ord. No. 2841, Amended, 9-1-2020]

No landmark or contributing resource or part thereof shall be demolished, moved, or altered, nor shall any major or minor development take place within a Historic District or involving a landmark nor shall a land division or lot line adjustment of any landmark take place, except in conformity with the requirements of this section. No alterations to noncontributing resources shall be made except in conformity with the requirements of this section.

In addition, per OAR 660-23-0200, no structure or site listed on the National Register of Historic Places shall be demolished, relocated, or altered except in compliance with this section.

Archaeological resources shall be protected and preserved per subsection 10 of this section.

Exemptions.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2841, Amended, 9-1-2020]

The following actions are exempt from the provisions of this section:

The demolition, moving, or alteration of noncontributing resources;

Water quality protection actions;

Maintenance or repair that does not involve a change in design, materials, or appearance;

Alterations, demolitions, or relocations determined by the City Manager to be necessary to proceed without delay in order to preserve the public safety and convenience due to the presence of an unsafe, dangerous, or emergency condition;

Interior alterations; and

Development relating to a National Register property that is not on the Local Landmark List and that does not constitute demolition (as defined by subsection 9.b of this section) or relocation.

Cultural Resources Inventory.

[Ord. No. 2841, Added, 9-1-2020]

Purpose of Cultural Resource Inventory (CRI).

The CRI consists of surveys of examined structures and/or sites. It is used as a resource document in determining whether the structure or site meets the criteria for historic designation.

Content of CRI Survey of Property or Site.

The CRI survey shall describe the historic name, ownership, location and setting, age, use, architectural style, design elements, alterations/additions, significant landscape features, and statement of historic significance of the property or site. The survey shall comply with the State Historic Preservation Office "Guidelines for Historic Resource Surveys in Oregon." Current photographs or archival documentation for properties already listed in the Landmark Designation List or National Register may be included. The survey shall classify the property or site as Eligible/Significant (ES), Eligible/Contributing (EC), Non-Contributing (NC), or Not in Period (NP).

Effect of Inclusion in CRI.

Inclusion of property or sites in the CRI does not mean that the property or site is automatically eligible for historic designation and placement on the Landmark Designation List, and property or sites not included in the CRI may also be considered for historic designation. The property or site included in the CRI must be later reviewed to determine if it qualifies as a landmark under the Criteria for Designation (subsection 4 of this section).

Acceptance of CRI Survey of Property or Site.

When the City Manager surveys properties or sites for inclusion in the CRI, the owner shall be notified by mail not less than 10 days prior to conducting the survey. Within six months of the City Manager’s completion of the draft survey, it shall be submitted to HRAB for review and acceptance. The review shall be held at a public meeting and interested persons may comment and supplement the survey. HRAB’s review shall be for accuracy and acceptance of the survey with any appropriate corrections or additions.

Designation and Removal of Designation.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2841, Amended, 9-1-2020]

Criteria for Designation of a Landmark.

In order to designate a site, object or structure as a landmark, the Historic Resources Advisory Board (HRAB) shall find that the owner has, pursuant to ORS 197.772(1), consented to the proposed designation; and

(1)

The resource is nominated to be placed on the National Register of Historic Places; or

(2)

The resource is 50 years old or older and the resource has historical or architectural significance to Lake Oswego; or

(3)

The resource is less than 50 years of age but of exceptional historic or architectural significance.

ii.

HRAB shall consider the following factors in determining whether the criteria found in subsection 4.a.i(2) or (3) of this section are satisfied:

(1)

Historical Significance.

(a)

Significant association with the lives, events or activities of a person(s), group, organization, or institution, which at the time, made a significant contribution to local (Lake Oswego), regional, state, or national history;

(b)

A birthplace or grave site of a historical figure of outstanding importance if there is no building standing that is directly associated with the activities for which the figure is celebrated;

(c)

A high likelihood that, if preserved, would yield important information on the local area’s prehistory or history; or

(d)

Significance because the resource contributes to the continuity or historic character of the local (Lake Oswego) area, region, state, or nation.

(2)

Architectural Significance.

(a)

Distinctive characteristics of a type, period, or method of construction, or represents the work of a master (outstanding work of a designer, builder, or architect who has made a substantial contribution to the field), or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction;

(b)

Significance because the resource retains its original design features, materials, and/or character;

(c)

Significance as the only remaining, or one of the few remaining, resources of a particular style, building type, design, material, or method of construction;

(d)

Is a historic resource removed from its original location but which is significant for its architectural value; or

(e)

Is a creative and unique example of folk architecture and design created by persons not formally trained in the architectural or design professions and which does not fit into formal architectural or historical categories.

The considerations listed in this section are not standards for approval and are not intended to be an exclusive list of considerations. The considerations are to be used as a guide in the granting authority’s deliberations.

Criteria for Designation of a Historic District.

In order to designate a geographic area as a Historic District, HRAB shall find that:

(1)

A majority of the parcels contain structures that are designated as landmarks or contributing resources; and

(2)

A perceptible common theme, which is either of historic or architectural significance, unifies the area.

ii.

HRAB shall consider the following factors in determining whether the criteria found in subsection 4.b.i of this section are satisfied:

(1)

The district size is large enough to create a visual identity;

(2)

A majority of parcels contain structures eligible for landmark or contributing resource designations;

(3)

The prevalence of other historic or environmental features in the area such as mature landscaping, original street layout, stone fences, etc;

(4)

Perceptible common theme;

(5)

Sites, objects, structures and buildings contribute to the integrity of the district’s theme;

(6)

More than one theme may exist; however, a dominant theme or common element among themes establishes the district identity. An example of a common theme could be a period of time or development phase in the City’s growth.

The factors listed in subsection 4.b.ii of this section are not standards and are not intended to be an exclusive list of considerations, but are intended to be used as a guide in the granting authority’s deliberations.

iii.

In order to approve expansion of the boundaries of a Historic District, HRAB shall consider the proposed expansion area with the existing district, and then determine whether the designation criteria found in subsection 4.b.i of this section are satisfied for the entire new district after the proposed expansion is added.

Criteria for Designation of a Contributing Resource.

In order to designate a site, object, or structure as a contributing resource, HRAB shall find that:

(1)

The resource is or, at the time the designation becomes effective, will be within a Historic District; and

(2)

The resource is 50 years old or older, may have received alterations, but retains its overall physical integrity; and

(3)

The resource contributes to the integrity of the Historic District; and

(4)

The resource does not merit a landmark designation; and

(5)

The resource is compatible with landmarks in the district considering overall proportions, scale, architectural detail and materials.

ii.

Contributing resources shall be identified upon the creation of a Historic District and a list shall be created containing the same information for each resource as is required for landmarks in subsection 5 of this section and shall be maintained in Table 50.06.009-1 under a separate heading for each Historic District.

Criteria to Remove a Designation.

In order to remove a landmark designation HRAB shall find either:

(1)

The landmark designation is no longer justified after consideration of the criteria found in subsection 4.a of this section, Criteria for Designation of a Landmark; and through an ESEE analysis the benefits of removing the designation of the proposed landmark outweigh the benefits of continuing the designation; or

(2)

The Building Official declares that the locally significant historic resource poses a clear and immediate hazard to public safety and must be demolished to abate the unsafe condition; or

(3)

Per ORS 197.772(3), the designation was imposed on the property and the owner at the time of designation:

(a)

Has retained ownership since the time of designation; and

(b)

Can demonstrate that the owner objected to the designation on the public record or was not provided an opportunity to object to the designation; and

(c)

Requests that the HRAB remove the resource from the inventory.

ii.

In order to approve reduction of a Historic District boundary or abolish a district HRAB shall find that the district or its configuration is no longer justified after consideration of the criteria found in subsection 4.b of this section.

iii.

In order to remove a contributing resource designation HRAB shall find that the contributing resource designation is no longer justified after consideration of the criteria found in subsection 4.c of this section.

Adoption of Landmark Designation List.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2841, Amended, 9-1-2020]

Adoption of Landmark Designation List.

The sites, structures and objects listed in the Landmark Designation List, Table 50.06.009-1, are subject to the provisions of this section.

Landmark Designation List.

The buildings, sites, structures, and objects listed below are designated as a Historic Landmark unless removed pursuant to LOC § 50.07.002.5 and Table 50.07.001-1. (The City Recorder may revise the list upon final designation or removal decision.) The findings of fact regarding the historical and architectural significance of the historic resource for its designation or removal for each property on the Landmark Designation List are on file with the Planning Department.

TABLE 50.06.009-1: LANDMARK DESIGNATION LIST
INDIVIDUAL BUILDINGS
	Address	Historic Name
1	609 A Avenue	C. Didzun House
2	357 E Avenue	Conway House
3	490 G Avenue	Johnson Barn
4	737 Ash Street	Smith House
5	880 Bickner Road	Collard House
6	15100 Boones Ferry Road	Carl House
7	16400 Bryant Road	Lake Grove Fire Station
8	107 Burnham Road	Tug Masters House
9	3811 Carman Drive	Carman House
10	210 Chandler Place	Noel Dew House
11	1097 Chandler Road	Van Houten House
12	16906 Cherry Crest Drive	Laidlaw House
13	1515 Cherry Lane	Shepard House
14	432 Country Club Road	White House
15	295 Durham Street	Odd Fellows Hall
16	1798 Fern Place	Bondell House
17	2535 Glenmorrie Drive	Erickson House
18	2212 Glenmorrie Lane	Twinings House
19	1805 Glenmorrie Terrace	Trueblood House
20	16847 Greenbrier Road	Clara Weinstein House
21	156 Greenwood Road	Methodist Episcopal Church
22	20 Iron Mountain Blvd.	Lake Oswego Country Club
23	95 Iron Mountain Blvd.	McWaters House
24	257 Iron Mountain Blvd.	Davidson House
25	2725 Iron Mountain Blvd.	Lake Oswego Hunt Club
26	411 Kenwood Road	Klose House
27	68 Leonard Street	Headrick Carothers House
28	1125 Maple Street	Black House
29	885 McVey Avenue	Worthington House
30	316 North Point Road	Mulder House
31	128 North Shore Circle	Osco C. Roehr House
32	768 North Shore Road	Parelius House
33	1850 North Shore Road	Jantzen Estate
34	904 Oak Street	Larson House
35	938 Oak Street	Waldorf House
36	1008 Oak Street	F. Davidson House
37	1228 Oak Street	Lueg House
38	1905 Palisades Terrace Drive	Eastman House
39	16715 Phantom Bluff Court	Sundeleaf House
40	4144 South Shore Blvd.	McCall House
41	4375 South Shore Blvd.	Angler’s Club
42	17901 Stafford Road	Carter House
43	402 N. State Street	Rogers Building I
44	456 N. State Street	Rogers Building II
45	468 N. State Street	Bickner Building
46	368 S. State Street	Lakewood School
47	919 West Point Road	Hofer House
48	930 West Point Road	Harris House
49	1032 Westward Ho Road	Patton House
50	1100 Westward Ho Road	Allen House I
51	1136 Westward Ho Road	Allen House II
52	1139 Westward Ho Road	Cleary House
53	40 Wilbur Street	Worker’s Cottage
54	59 Wilbur Street	Rogers House
55	774 First Street	Sacred Heart School
56	606 Second Street	Warren House
57	791 Fourth Street	Brown-Vose House
58	841 Fifth Street	Vose House
59	469 Seventh Street	Rosentreter House
60	398 Tenth Street	Murphy Company Bldg.
61	Pacific Highway	Christie School
62	Pacific Highway	Marylhurst Adm. Bldg.
63	Pacific Highway	St. Catherine’s Dormitory
64	Pacific Highway	Flavia Hall
65	Pacific Highway	Acquinas Hall
66	Pacific Highway	Education Hall
SITES, STRUCTURES AND OBJECTS
	Address	Historic Name
67	George Rogers Park	Iron Furnace Chimney
68	16500 Old River Road	Log Hoist
69	141 Leonard Street	Peg Tree
70	Tualatin-Oswego Canal	Tualatin-Oswego Canal
71	Pacific Highway	Marylhurst Cemetery/Altar
72	4700 Jean Road	Bryant Home Marker
73	Prestwick and Fairway	Old Mine Trail
74	Stafford Road	Pioneer Cemetery

Moving or Demolition of a Landmark or Contributing Resource.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2841, Amended, 9-1-2020]

Criteria for Moving a Landmark.

In order to allow the moving of a landmark HRAB shall find that:

(1)

The proposed relocation site will not greatly reduce the historical or architectural significance of the landmark; and

(2)

Relocation is the only alternative for preservation of the landmark; and

(3)

Through an ESEE analysis the proposed new development provides a greater community benefit than keeping the landmark on its present site; and

(4)

If the landmark is to be relocated within the City of Lake Oswego, the owner of the relocation site agrees, as a condition of the purchase agreement, to apply within 90 days of relocation to the City for protection of the landmark at its new location.

ii.

HRAB shall consider the following factors in determining whether the criteria found in subsection 6.a.i of this section are satisfied:

(1)

The designated resource cannot reasonably be used in conjunction with the proposed use.

(2)

The continued location of the landmark on a proposed development site precludes development on the site which would provide a greater community benefit.

(3)

The designated landmark is structurally capable of relocation.

(4)

The proposed relocation site is a contextually appropriate setting for the designated landmark.

(5)

The proposed relocation site is within the City limits or preferably within the neighborhood where it is currently located.

Criteria for Demolition of a Landmark.

In order to allow the demolition of a landmark, the HRAB shall find that:

(1)

The landmark is a severe hazard to public health or safety; or

(2)

Through an Economic Social Environmental and Energy (ESEE) analysis, that the benefits of demolishing the landmark and the construction of the conflicting use outweigh the benefits of preserving the landmark, and that there are no alternatives to demolishing the landmark; or

(3)

A denial of the request will deny the property owner reasonable economic use of the property; and

(4)

The applicant completed a viable site development plan for the site including plans approved, if applicable, by the Building Official.

ii.

HRAB shall consider the following factors in determining whether the criteria found in subsection 6.b.i of this section are satisfied:

(1)

The significance of the landmark;

(2)

If within a Historic District, the landmark’s contribution to the district and the effect on the integrity of the district if the landmark is demolished;

(3)

Existing City plans, policies or City Council actions that identify community benefit in either preserving or demolishing the landmark;

(4)

The physical condition of the resource.

The findings of fact regarding the historical or architectural significance for the designation of the landmark shall be used as the primary factual basis upon which decisions are based concerning the historical or architectural significance of the landmark.

Balancing of Competing and Conflicting Interests.

A determination of whether the criteria set forth in subsection 6.a.i or 6.b.i of this section are satisfied necessarily involves the balancing of competing and conflicting interests.

The factors listed in subsection 6.a.ii or 6.b.ii of this section are not standards for approval and are not intended to be an exclusive list. The factors are to be used as a guide in HRAB’s consideration.

Conditions of Approval of Demolition Permit.

As a condition of approval of a demolition permit, HRAB shall:

Require photographic documentation, preparation of architectural drawings, and other graphic data or history as it deems necessary to preserve an accurate record of the resource. The historical documentation materials shall be the property of the City or other party determined appropriate by HRAB.

ii.

Require that the property owner document that a qualified local preservation group has been given the opportunity to salvage and/or record the resource.

Criteria of Approval of Moving or Demolition of a Contributing Resource.

In order to allow the demolition or moving of a contributing resource, the City Manager shall find that:

The contributing resource is a severe hazard to public health or safety; or

ii.

Loss of the contributing resource will not affect the integrity of the Historic District; and adequate effort has been made to seek a relocation site within the Historic District.

The findings of fact regarding the historical or architectural significance for the designation of the Historic District shall be used as the primary factual basis upon which decisions are based concerning the Historic District’s significance.

Alterations of a Landmark or Contributing Resource.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2841, Amended, 9-1-2020]

Maintenance and Repair of a Landmark or Contributing Resource.

Nothing in this section shall be construed to prevent the maintenance or repair of a landmark, or of a contributing resource within a district. Maintenance and repair actions include, but are not limited to:

Replacement of gutters and downspouts, or the addition of gutters and downspouts, using materials that match those that were typically used on similar style buildings;

ii.

Repairing or providing a new foundation that does not result in raising or lowering the building elevation more than one foot unless the foundation materials and/or craftsmanship contribute to the historical and architectural significance of the landmark;

iii.

Repair and/or replacement of roof materials with the same kind of roof materials existing, or with materials which are in character with those of the original roof;

iv.

Replacement of siding, trim, and window components when such material is beyond repair and where the new piece is of the same size, dimension, material, and finish as that of the original historic material;

Application of storm windows made with wood, bronze or flat finished anodized aluminum, or baked enamel frames which complement or match the color detail and proportions of the building;

vi.

Replacement of existing sashes with new sashes, when using material which is consistent with the original historic material and appearance;

vii.

Painting and related preparation, unless paint color is specifically noted in the findings of architectural significance for the designation of the landmark and the paint is of a different color or colors as noted in the findings;

viii.

Water quality protection actions;

ix.

Alteration, addition, repair and replacement of equipment, piping and flumes functionally related to the generation of electric power with efficient, economical and technologically current materials and components;

Site maintenance such as pruning, landscaping maintenance, brush clearing and removal of debris;

xi.

Temporary removals of roofs or other access obstructions for purposes of repair or maintenance of interior components of industrial or power generation facilities;

xii.

Maintenance of landscaping that is specifically identified in the findings of historical or architectural significance for the designation of the landmark as an integrated element of the historical or architectural significance.

Criteria of Approval for a Minor Alteration of a Landmark.

In order to approve a request for a minor alteration, the reviewing authority shall find that:

There is no substantial change in the appearance or material of the resource as it exists; or

Exception: Alterations to provide handicapped access shall be allowed; to the extent practicable the design of the handicapped access shall not diminish the landmark’s historical or architectural significance.

ii.

The proposed alteration duplicates or restores the affected exterior features and materials as determined from historic photographs, original building plans, or other evidence of original features or materials; or

iii.

Through an ESEE analysis, it can be shown that the benefit to the community of allowing the alteration outweighs the benefit to the community of preserving the resource in its present condition; and

iv.

The additional considerations under subsection 7.e of this section are considered and the additional criteria under subsection 7.f of this section are met. The findings of fact regarding the historical or architectural significance for the designation of the landmark shall be used as the primary factual basis upon which decisions are based concerning its historical or architectural significance.

Criteria of Approval for Major Alteration of a Landmark.

In order to approve a major alteration of a landmark, the reviewing authority shall find that:

The proposed alteration will not diminish the historical or architectural significance of the landmark; or

ii.

For alterations that diminish the historical or architectural significance, through an ESEE analysis, it can be shown that the benefit to the community of allowing the alteration outweighs the benefit to the community of preserving the resource in its present condition; and

iii.

Criteria of Approval for Alteration to a Contributing Resource.

In order to approve an alteration to a contributing resource the reviewing authority shall find that:

There is no substantial change in the appearance or material of the resource as it exists; or

ii.

iii.

The proposed alterations will not diminish the historical or architectural significance of the contributing resource; or

iv.

Through an ESEE analysis, it can be shown that the benefit to the community of allowing the alteration outweighs the benefit to the community of preserving the resource in its present condition; and

The additional considerations under subsection 7.e of this section are considered and the additional criteria under subsection 7.f of this section are met.

The findings of fact regarding the historical or architectural significance for the designation of the contributing resource shall be used as the primary factual basis upon which decisions are based concerning its historical or architectural significance.

Additional Considerations for Granting Authority’s Deliberations.

The following considerations are to be used as a guide in the granting authority’s deliberations when approving applications under subsections 7.b through 7.d of this section:

The alteration is consistent with the use of the resource.

ii.

The significance of the resource and the community benefit to preserving it.

iii.

The public interest in the preservation of the resource.

iv.

The physical condition of the resource.

Additional Criteria for Reviewing Authority’s Deliberations.

The following criteria shall be met when approving applications under subsections 7.b through 7.d of this section:

Building Height:

Existing building height should be maintained. Raising or lowering a structure’s permanent elevation when constructing a foundation should be avoided, except as required by Building Code or floodplain requirements.

ii.

Horizontal Additions:

The scale and proportion of building additions, including the relationship of windows to walls, shall be visually compatible with the traditional architectural character of the historic building. Contemporary construction is acceptable if the design respects the building’s original architectural style and is compatible with the original scale, materials, window and door opening proportions of the structure.

iii.

Roof Form:

Alteration of roof pitches, roof shapes, and materials should maintain the architectural style of the building.

iv.

Rehabilitation Work:

Preserve existing historic building elements or replace with building elements and materials that replicate the historic elements, as documented through verifiable evidence, such as photographs.

Window Restoration:

Windows (frames, sashes, muntins, glazing, sills, heads, hoodmolds, paneled or decorated jambs, moldings and exterior shutters) that define the historic character of the building should be retained and preserved. This is achieved by:

(1)

Protecting and maintaining the wood and architectural metal that comprise the window frame, sash and muntins.

(2)

Making windows weathertight by reglazing, recaulking and replacing or installing weather-stripping.

(3)

Repairing window frames and sashes by patching, splicing, consolidating or otherwise reinforcing, and replacing in kind parts that are extensively deteriorated or missing.

(4)

Replacing a window in kind that is documented to be too deteriorated to repair.

vi.

Window Replacement:

Window replacements shall match the original windows in materials and appearance. The original number of window panes (or lights) shall be maintained or restored when window replacements are required. Double-pane windows may be installed if:

(1)

No observable tinting of the glass panes is used.

(2)

A spacer bar is present between the inner and outer mullion.

(3)

The same trapezoidal profile of the outside putty seam is used.

(4)

The same frame size as the original windows is used.

(5)

The same inside profile is used.

vii.

Signs, Lighting, Landscaping, Fences:

Signs, lighting, and other appurtenances, such as walls, fences, awnings, and landscaping, shall be visually compatible with the scale and traditional architectural character of the historic building.

viii.

Additional Standards (Secretary of Interior Standards).

(1)

Retention of Original Construction:

A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

(2)

Historic Integrity:

The historic integrity of the property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

(3)

Time Period Consistency:

Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

(4)

Historic Changes:

Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

(5)

Distinctive Architectural Features:

Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

(6)

Preservation, Restoration and Rehabilitation:

Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.

(7)

Appropriate Treatments:

Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

(8)

Archaeology:

Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

(9)

New Additions:

New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.

(10)

Reversibility:

New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

Land Divisions and Lot Line Adjustments in Historic Districts.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2668, Amended, 12-1-2015; Ord. No. 2841, Amended, 9-1-2020]

Applicability.

This subsection applies to land divisions and lot line adjustments on sites containing landmarks or contributing resources within a Historic District.

Criteria for Approval for Land Division or Lot Line Adjustment.

A proposed land division or lot line adjustment on a landmark site or within a Historic District must meet the following criteria:

The land division or lot line adjustment does not result in a landmark or contributing resource being split into separate lots.

ii.

The land division or lot line adjustment plat or map requires adequate setbacks from landmark or contributing resource improvements to provide for buffering and mitigation of impacts associated with development on the resulting parcels.

iii.

Yard and landscaped areas including large trees and shrubs that contribute to its historical or architectural significance shall be retained, unless landscaping conflicts with utilities or other requirements of this section or applicable City, state or federal regulations. (The reviewing authority may require replacement landscaping as mitigation under these circumstances.)

The findings of fact regarding the historical or architectural significance of the yard and landscaped area as stated in the landmark’s designation shall be used as the primary factual basis upon which decisions are based concerning retention of yard and landscaped areas.

Considerations of HRAB Recommendation.

Where HRAB is not the reviewing authority for development applications involving historic resources, the reviewing authority shall consider the recommendations by HRAB.

[Cross-Reference: See LOC § 50.06.009.7 for Alterations of Historic Resources.]

Demolition or Relocation of National Register Resources.

[Ord. No. 2841, Added, 9-1-2020]

Purpose.

The purpose of this subsection is to comply with OAR 660-023-0200.

Definition.

Notwithstanding other definitions applicable to this section, for the purposes of this subsection 9:

"Demolish" or "demolition" means "any act that destroys, removes, or relocates, in whole or part, a significant historic resource such that its historical or architectural character and significance is lost." (OAR 660-023-0200(1)).

Review of Demolition or Relocation of National Register Resources.

An application to demolish or relocate a National Register Resource shall demonstrate, and the reviewing body shall find the following factors have been considered: condition, historic integrity, age, historic significance, value to the community, economic consequences, design or construction rarity, and consistency with and consideration of other policy objectives in the Comprehensive Plan have been considered (OAR 660-023-0200(8)(a)). The factors are not criteria to be applied by the reviewing authority.

10.

Preservation of Archaeological Resources.

[Ord. No. 2841, Added, 9-1-2020]

Applicants shall preserve archaeological resources under Oregon State law by complying with the following:

Archeological resources must be protected and preserved in place subject to the requirements of federal, state and local regulations including the guidelines administered by the Oregon State Historic Preservation Office and ORS 358.905 through 358.962.

A person may not excavate, injure, or destroy or alter an archaeological site or object, or remove an archaeological object located on public or private lands, unless that activity is authorized by a permit issued under ORS 390.235. A violation of this subsection is a misdemeanor.

11.

Property Maintenance of Historic Landmark Structures.

[Ord. No. 2841, Added, 9-1-2020]

Purpose.

The purpose of this subsection 11 is to safeguard the City’s historical, architectural, archaeological, or cultural significance as embodied and reflected in its historic landmarks. It is declared as a matter of public policy that the retention of historic landmarks is a public necessity and promotes the public health, prosperity, safety and welfare.

Definitions.

For the purpose of this subsection 11, the following definition shall apply:

"Neglect of landmark" means the gradual deterioration of a landmark building when routine or major maintenance is not performed that if left unrepaired could lead to:

(1)

Structural deficiency or a deficiency in a building part, which left unrepaired could lead to deterioration of the building's structural frame.

(2)

The building being open to entry by vandals or vagrants.

Applicability.

This subsection 11 is applicable to all buildings that are designated as landmarks under subsection 4 of this section.

Criteria for Determining Neglect of Landmark.

The criteria for neglect of landmark are met if one or more of the following are met:

The deterioration of a building to the extent that it creates or permits a hazardous or unsafe condition as determined by the Building Official;

ii.

The deterioration of a building(s) characterized by one or more of the following:

(1)

Those buildings, which have parts thereof which are so attached that they may fall and injure members of the public or property;

(2)

Deteriorated or inadequate foundation;

(3)

Defective or deteriorated floor supports or floor supports insufficient to carry imposed loads with safety;

(4)

Members of walls or other vertical supports that split, lean, list, or buckle due to defective material or deterioration;

(5)

Members of walls or other vertical supports that are insufficient to carry imposed loads with safety;

(6)

Members of ceiling, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration;

(7)

Members of ceiling, roofs, ceiling and roof supports, or other horizontal members that are insufficient to carry imposed loads with safety;

(8)

Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration; or

(9)

Any fault, defect, or condition in the building which renders the same structurally unsafe or not properly watertight; or

iii.

Action by the City Fire Marshal or Building Official relative to the safety or physical condition of any building.

Inspection of Landmark; Notice to Correct.

When the City Manager has cause to believe that the condition of a landmark building exists that constitutes neglect of landmark, the City Manager shall notify the owner and request inspection of the landmark building. If the owner does not permit entry for inspection, the City Manager may obtain an administrative warrant for entry to the property, if necessary to determine the condition of the landmark.

ii.

If the City Manager determines that the condition of a landmark building exists that constitutes neglect of landmark, the City Manager shall issue a notice and order directed to the owner of the landmark building. The notice and order shall contain:

(1)

The street address and a legal description sufficient for identification of the premises upon which the building is located.

(2)

A statement that the City Manager has found condition(s) existing that constitute neglect of landmark, with a brief and concise description of the conditions.

(3)

A statement of the corrective action required to be taken as determined by the City Manager to eliminate the condition(s), and the dates as determined by the City Manager to be reasonable under all of the circumstances by which the corrective action is to be commenced and completed.

The notice shall be mailed to the owner by first class mail, to the owner’s mailing address as shown by the most recent property tax assessment roll.

§ 50.06.010 Maintenance and Operation.

Applicability.

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

This section identifies how various property and improvement requirements need to be maintained and/or operated following construction.

Landscape Materials Standards for Maintenance.

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

All landscape materials shall be guaranteed by the owner for a period of one 12-month growing season from the date of installation. Security in the amount of 5% of the total landscaping cost shall be provided to ensure necessary replacement. A schedule of continuing maintenance of plantings shall be submitted and approved for industrial, multi-family, major public facilities, and commercial developments.

Fences and Walls Standards for Maintenance.

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

Fences, exterior side of walls, and retaining walls shall be maintained in sound condition and good repair at all times.

Detention and Retention Areas Standards for Maintenance.

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

All detention or retention areas shall be properly maintained by the owner such that they do not become nuisances. Nuisance conditions shall include: improper storage resulting in uncontrolled runoff and overflow; stagnant water with concomitant algae growth, insect breeding, and odors; discarded debris; and safety hazards created by the facility’s operation. Stormwater storage areas shall be designed with sufficient access to allow adequate, safe and efficient maintenance as determined by the City Manager.

Driveways That Serve as Fire Lanes Standards for Maintenance.

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

Driveways that serve as fire lanes shall be maintained in a state of good repair and free of obstruction for their entire length and width. They shall also be kept free of overhead obstructions for a vertical clearance of 13-1/2 ft.

Walkways, Bikeways, and Accessways Standards for Maintenance.

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

Maintenance of walkways, bikeways or accessways shall be the responsibility of the owner or owners of the land abutting or through which the way passes. If the maintenance is proposed to be by an association or other entity, the maintenance agreement or bylaws, as the case may be, shall be subject to the review and approval by the City.

Park and Open Space Standards for Maintenance.

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

(Reserved)

Utilities Standards for Maintenance.

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

There are no standards for maintenance for the Utility Standard, LOC § 50.06.008.

§ 50.06.011 Vision Clearance.

[Repealed by Ord. No. 2617]