The exceptions listed in Subsections 19.501.1–4 below are "by right" exceptions. "By right" exceptions require no special review or approval by the City to implement.
(Ord. 2025 § 2, 2011; Ord. 2051 § 2, 2012; Ord. 2218 § 2 (Exh. B), 2022; Ord. 2236 § 2,
2023)
Any legal lot or lot of record that does not meet the area or dimensional requirements specified in Chapter 19.300 may be put to a use permitted by the requirements of the Zoning Ordinance, with the following limitations:
A.
In addition to yard requirements listed for each zoning district,
buildings along certain major streets are subject to additional yard
requirements as provided in Table 19.501.2.A below. Yards shall be
measured so that the minimum distance from the center line of the
right-of-way to the closest point of any building is the distance
listed in Table 19.501.2.A plus the yard requirement of the underlying
zone.
|
Table 19.501.2.A
Additional Yard Requirements
| |
|---|---|
|
Major Street
|
Distance from Centerline
(plus yard requirements in zone)
|
|
Firwood Street (55th Ave. to Stanley Ave.)
|
25′
|
|
Harmony Road
|
40′
|
|
Harrison Street (Milwaukie Expressway to 44th Ave.)
|
40′
|
|
Harrison Street (Milwaukie Expressway to McLoughlin Blvd.)
|
30′
|
|
Harvey Street (32nd Ave. to 42nd Ave.)
|
25′
|
|
Howe Street (42nd Ave. to 43rd Ave.)
|
30′
|
|
Johnson Creek Boulevard
|
30′
|
|
King Road
|
40′
|
|
Linwood Avenue
|
40′
|
|
Lake Road
|
30′
|
|
Logus Road
|
25′
|
|
Monroe Street (52nd Ave. to Linwood Ave.)
|
30′
|
|
Oak Street
|
30′
|
|
Oatfield Road
|
30′
|
|
Ochoco Street
|
30′
|
|
Olsen Street
|
25′
|
|
Railroad Avenue
|
30′
|
|
River Road (south of Lark St.)
|
30′
|
|
Roswell Street (32nd Ave. to 42nd Ave.)
|
25′
|
|
Washington Street (west of Railroad Ave.)
|
30′
|
|
Willow Street (Windsor Dr. to Stanley Ave.)
|
25′
|
|
17th Avenue (Ochoco St. to McLoughlin Blvd.)
|
40′
|
|
32nd Avenue (north of Harrison St.)
|
30′
|
|
37th Avenue (Lake Rd. to Grogan Ave.)
|
25′
|
|
40th Avenue (Harvey St. to Railroad Ave.)
|
30′
|
|
42nd Avenue (Johnson Creek Blvd. to Howe St.)
|
30′
|
|
42nd Avenue (Harrison St. to King Rd.)
|
30′
|
|
43rd Avenue (Howe St. to King Rd.)
|
30′
|
|
55th Avenue (Firwood St. to Johnson Creek Blvd.)
|
25′
|
B.
Architectural features such as cornices, eaves, canopies, sunshades,
gutters, steps, unroofed landings, and flues may project up to 24
in into a required side yard or 36 in into a required front or rear
yard. Such features extending from an accessory structure shall not
be closer than 3 ft from a property line.
C.
A covered porch or deck on a single detached dwelling, or middle
housing unit may extend 6 ft into a required front or rear yard if
all of the following standards are met:
1.
The porch or deck is not enclosed on any side other than what is
enclosed by the exterior walls of the dwelling. The following are
not considered to be enclosures: structural supports for a covered
porch, projections not extending more than 3 ft upward from the surface
of the porch, railings, retractable sunshades, screens, or netting.
2.
The surface of the porch or deck does not exceed 18 in high above
the average grade.
3.
The porch or deck is at least 5 ft from the front and/or rear lot
line.
A.
Projections such as chimneys, spires, domes, elevator shaft housings,
flagpoles, and other similar objects not used for human occupancy
are not subject to the building height and side yard height plane
limitations of the Zoning Ordinance, except as provided in an L-F
Zone.
In exchange for the dedication of parkland, residential density
may be increased (and lot sizes decreased) so that overall parcel
density remains the same.
(Ord. 2025 § 2, 2011; Ord. 2051 § 2, 2012; Ord. 2140 § 2, 2017; Ord. 2152 § 3, 2017; Ord. 2161 § 2, 2018; Ord. 2219 § 2 (Exh. B), 2022; Ord. 2236 § 2,
2023)
A.
No accessory structure shall encroach upon or interfere with the use of any adjoining property or public right-of-way, including, but not limited to, streets, alleys, and public and private easements, unless permitted in accordance with Chapter 12.14.
B.
Multiple accessory structures are permitted subject to building separation,
building coverage, and minimum vegetation requirements of the zoning
district in which the lot is located.
C.
An accessory structure shall comply with all of the requirements
of the Uniform Building Code.
D.
Accessory structures excluding fences, flagpoles, pergolas, arbors,
or trellises may not be located within the required front yard except
as otherwise permitted in this chapter.
E.
Regardless of the base zone requirements in Chapter 19.300, the required side and rear yards for an accessory structure are reduced to 5 ft, except as described below.
1.
Accessory structures are subject to the minimum street side yard requirements of the base zones in Chapter 19.300.
2.
Regulations for overlay zones or special areas in Chapter 19.400 may require an Accessory structure to be set back beyond the minimum side or rear yard requirements.
3.
If the rear or side yard requirement in the base zone in Chapter 19.300 is less than 5 ft, then the yard requirements of the base zone shall apply.
4.
The rear or side yard requirement for residential accessory structures
per Subsection 19.502.2.A or 19.910.1.E.4 may specify a different
yard requirement.
F.
Alteration or modification of nonconforming accessory structures is subject to the provisions of Chapter 19.800 Nonconforming Uses and Development.
G.
Fences, flagpoles, pergolas, arbors, and trellises are permitted
in yards in all residential zones.
H.
Retaining walls are exempt from accessory structure limitations.
A.
The following standards apply to residential accessory structures
on single detached unit, townhouse, cottage cluster, and plex development
properties. The standards in Subsection 19.502.2.A do not apply to
pools, uncovered decks, and patios.
The purpose of these standards is to allow accessory structures
that accommodate the typical needs of a residence.
1.
Development Standards
a.
Height and Footprint
The maximum height and footprint allowed for an accessory structure
is determined by the yard depths between the structure and the lot
lines. Accessory structures with a larger height and footprint must
meet the increased yard requirements. An accessory structure is allowed
the maximum Building height and footprint listed in Table 19.502.2.A.1.a
only if the entire structure meets or exceeds all the yard requirements
in the same column. See Figure 19.502.2.A.1.a.
|
Table 19.502.2.A.1.a
Residential Accessory Structure Height and Footprint Standards
| |||
|---|---|---|---|
|
Standard
|
Type A
|
Type B
|
Type C
|
|
Maximum building height
|
10'
|
15'
|
Lesser of 25' OR not taller than highest point of the primary
structure (allowed at least 15′ height regardless of primary
structure height)
|
|
Maximum building footprint
|
200 sq ft
|
600 sq ft
|
Lesser of 75% of primary structure OR 1,500 sq ft (allowed at
least 850 sq ft if lot area > 10,000 sq ft)
On lots less than 1 acre in area, maximum is 800 sq ft if any
portion of the structure is in the front yard.
|
|
Required rear yard
|
3 ft
|
5 ft
|
Base zone required rear yard
|
|
Required side yard
|
3 ft
|
5 ft
|
Base zone required side yard
|
|
Required street side yard
|
Base zone required street side yard
| ||
|
Required front yard
|
Not allowed in front yard unless the structure is at least 40
ft away from the front lot line.
| ||
|
Figure 19.502.2.A.1.a Accessory Structure Height, Footprint,
and Yard Requirements
 |
b.
Other Development Standards
(1)
Maximum accessMaximum accessory structure footprint allowance
is subject to lot coverage and minimum vegetation standards of the
base zone. Multiple accessory structures are allowed on a lot, subject
to lot coverage and minimum vegetation standards of the base zone.ory
structure footprint allowance is subject to lot coverage and minimum
vegetation standards of the base zone. Multiple accessory structures
are allowed on a lot, subject to lot coverage and minimum vegetation
standards of the base zone.
(3)
A covered walkway or breezeway is allowed between a primary
structure and accessory structure. Such connection shall not exempt
the accessory structure from compliance with the standards of this
section, unless the connection is fully enclosed and meets the building
code definition of a conditioned space, and is all of the following,
which results in an addition and is not an accessory structure:
(a)
Fully enclosed and meets the building code definition
of a conditioned space; and
(b)
Provides a shared wall with the primary structure
with the common wall being the longer of either 20 ft in length or
40% of the overall length of the wall of the primary structure (see
Figure 19.502.2.A.1.b); and
(c)
Provides for interior passage between the primary
structure and the new structure.
|
Figure 19.502.2.A.1.b Primary Structure with Addition
 |
2.
Design Standards
Metal siding is prohibited on structures more than 15 ft high
or with a footprint greater than 600 sq ft, unless the siding replicates
the siding on the primary dwelling or has the appearance of siding
that is commonly used for residential structures.
3.
Roof Pitch
There are no roof pitch requirements for an accessory structure
with a height equal to or less than 10 ft. A minimum 4/12 roof pitch
is required for an accessory structure with a height over 10 ft.
B.
Fences, walls, and plantings may be constructed or maintained in
yards with the following limitations:
1.
Fences, walls, and plantings shall be constructed or maintained in yards only so as to permit unobstructed vision of passenger vehicle operations when approaching intersecting streets or driveways. Fences, walls, and plantings shall meet clear vision standards provided in Chapter 12.24. Fences and walls in areas other than those obstructing the vision of passenger vehicle operators shall be constructed or maintained to the following standards:
a.
Residential Zones and Residential Uses in All Zones
(1)
Maximum height is 6 ft for rear, street side, and side yards;
42 in for front yards, except that for flag lots fences in the front
yard may be 6 ft.
(2)
No electrified, barbed, or razor wire fencing is permitted.
(3)
Specific standards for fences on cottage cluster developments
are contained in Subsection 19.505.4.E.3.
b.
Commercial Zones
Maximum height 6 ft. No electrified wire is permitted. Barbed or razor wire may be permitted for security purposes on top of a maximum height fence, following a Type II review per Section 19.1005 in which a determination has been made that the proposed fencing will not adversely impact the health, safety, or welfare of adjacent property occupants. All outdoor Storage shall require a 6-ft-high sight-obscuring fence.
c.
Industrial Zones
Maximum height 8 ft. No electrified wire is permitted. Barbed or razor wire may be permitted for security purposes on top of a maximum height fence, except where such fencing is proposed adjacent to residential zones or residential uses, in which case such may be allowed following a Type II review per Section 19.1005 in which a determination has been made that the proposed fencing will not adversely impact the health, safety, or welfare of adjacent property occupants. All outdoor storage shall require a sightobscuring fence with a minimum height of 6 ft.
2.
In all cases, fence and wall height shall be measured from the top
of the fence or wall to the highest ground level within a one-ft horizontal
distance from the fence.
C.
Regardless of the yard requirements of the zone, a side, rear, or
front yard may be reduced to 3 ft for an uncovered patio, deck, or
swimming pool not exceeding 18 in high above the average grade of
the adjoining ground (finished elevation). An uncovered ramp with
handrails is allowed to exceed 18 in high if it provides access from
grade to the elevation of the main entrance of a residential structure.
D.
A stand-alone flagpole in a residential zone is limited to 25 ft
high and must be at least 5 ft from any lot line. A stand-alone flagpole
in commercial or industrial zones is subject to the height limits
of the base zone in which it is located, and it must be at least 5
ft from any lot line.
A.
Purpose
The purpose of these regulations is to allow apparatus for the
generation of renewable energy and collection of stormwater, subject
to standards to ensure that these structures are appropriate for their
surroundings in both design and scale.
B.
Maintenance Requirement
All of the sustainability-related structures in this subsection
shall be maintained to be functional and safe. The Planning Director
may require the repair or removal of a structure listed in this subsection
if the structure is deteriorated, malfunctioning, or is otherwise
unsafe.
C.
Solar Energy Systems
1.
Allowance
The installation of a solar energy system is an outright permitted use in zones where commercial, industrial, and residential structures are allowed outright. Installation of solar equipment that does not meet the definition of a solar energy system shall be reviewed as a Community Service Use, per Section 19.904, unless the use is allowed outright in a zone.
2.
Review Process for Installation of Solar Energy Systems
a.
A stand-alone solar energy system that is not wholly supported
by another structure is subject to the reviews required by applicable
base zones and overlay zones or special areas.
b.
A solar energy system that is wholly supported by another structure
shall be subject to review, or not, as described below.
(1)
The installation of a solar energy system on an historic resource that is designated either "contributing" or "significant," per Section 19.403, shall follow the review procedures of that section for alteration of the resource.
(2)
The installation of a solar energy system in a downtown zone shall be exempt from downtown design review, per Section 19.907.
(3)
The installation of a solar energy system on a structure within
the Willamette Greenway Zone, or within a designated Natural Resource,
is exempt from the review requirements of that zone or special area.
(5)
The installation of a solar energy system under circumstances
other than those described in Subsections 19.502.3.C.2.b(1)-(4) above
is exempt from any land use review.
c.
A Type I development review permit may be required for installation
of a solar energy system depending upon the applicability criteria
in Subsection 19.906.2.A. In no case shall a Type II development review
application be required for installation of a solar energy system.
3.
Standards
a.
A stand-alone solar energy system is subject to the development
standards that apply to the site. The design standards of Subsection
19.502.2.A.2 shall not be construed so as to prevent installation
of a stand-alone solar energy system.
b.
A solar energy system that is attached to a structure is subject
to the following standards.
(1)
The solar energy system will not increase the lot coverage or
footprint of the structure on which the system is installed.
(2)
The solar energy system would be mounted so that the plane of
the system is parallel to the slope of the roof, except that the plane
of the system is allowed a minimum slope of 35 degrees from horizontal
regardless of the slope of the roof.
D.
Wind Energy Systems
1.
Allowance
A wind energy system is allowed outright as an accessory use in all zones. Installation of wind turbines, and related equipment that does not meet the definition of a wind energy system, shall be reviewed as a Community Service Use per Section 19.904, unless the use is allowed outright in a zone.
2.
Review Process for Installation of Wind Energy Systems
The review of a freestanding or roof-mounted wind energy system
is subject to the reviews required by applicable base zones and overlay
zones or special areas.
3.
General Standards
a.
The minimum distance between the ground and any part of a rotor
blade must be at least 20 ft.
b.
Wind energy systems may not be illuminated, nor may they bear
any signs or advertising.
c.
Wind energy systems must have an automatic braking, governing,
or feathering system to prevent uncontrolled rotation, overspeeding,
and excessive pressure on the support structure, rotor blades, and
turbine components.
d.
All wiring serving small wind energy systems must be underground.
e.
Noise produced by wind energy systems may not exceed 45 dBA
measured at the property line.
f.
Wind energy systems must not cause any interference with normal
radio and television reception in the surrounding area, any public
safety agency or organization's radio transmissions, or any microwave
communications link. The owner shall bear the costs of immediately
eliminating any such interference, should any occur, or must immediately
shut down the system or parts of the system causing the interference.
g.
A finish (paint/surface) must be provided for the wind energy
system that reduces the visibility of the facility, including the
rotors. The Planning Director may specify that the support structure
and rotors be brown, blue, light gray haze, or other suitable color
to minimize the structure's visibility. If the support structure is
unpainted, it must be of a single color throughout its height. The
owner must maintain the finish, painted or unpainted, so that no discoloration
is allowed to occur.
h.
The rotor sweep area, as defined by the American Wind Energy
Association, is 50 sq ft in residential zones and 150 sq ft in all
other zones.
4.
Standards for Freestanding Systems
Wind energy systems may be mounted on a tower that is detached
from other structures on the lot.
a.
Setback
A freestanding wind energy system is not allowed in a required
front yard or street side yard, and it must be at least 10 ft away
from any side or rear lot line. All portions of the support pole,
blades, guy wires, and associated structures or equipment must meet
these standards.
b.
Height
The pole and turbine are subject to the base zone height limit
for primary structures, except that an increase of 1 additional ft
high is allowed for every 1 ft that the wind energy system is set
back beyond what is required in Subsection 19.502.3.D.4.a, up to a
maximum of 50% above the base zone height limit.
c.
Number
A maximum of 1 freestanding small wind generator system may
be allowed on a lot of 15,000 sq ft or less. 1 additional freestanding
system is allowed for each 7,500 sq ft of lot area above 15,000 sq
ft.
5.
Standards for Roof-Mounted Systems
Wind energy systems may be mounted on the roof of a structure.
a.
Setback
The roof-mounted wind energy system is subject to the minimum
yard requirements of the building on which it is mounted.
b.
Height
Roof-mounted systems are subject to the height limit for freestanding
Systems in Subsection 19.502.3.D.4.b.
c.
Number
There is no maximum number of roof-mounted systems permitted.
E.
Rainwater Cisterns
1.
A rainwater cistern installed below ground, at grade, or above ground
is a permitted accessory use for all properties.
2.
A rainwater cistern that meets the standards listed below may encroach
up to 3 ft into a required yard, but not be closer than 3 ft from
any lot line. Rainwater cisterns that meet the standards below are
not subject to any design or materials standards.
3.
A rainwater cistern that exceeds the standards listed in Subsection
19.502.3.E.2 is allowed subject to all other applicable regulations
for an accessory structure.
4.
A below-ground rainwater cistern shall be located at least 3 ft away
from any lot line.
(Ord. 2025 § 2, 2011; Ord. 2051 § 2, 2012; Ord. 2120 § 2, 2016)
Accessory uses shall comply with all requirements for the principal
use except where specifically modified by this chapter and shall comply
with the following limitations:
A.
A guesthouse without kitchen facilities may be maintained accessory to a dwelling and may be used as a short-term rental, provided that the guesthouse is not occupied for more than 4 months in a calendar year. A detached accessory dwelling unit approved per Subsection 19.910.1. is not considered a guesthouse.
B.
A greenhouse or hothouse may be maintained accessory to a dwelling.
C.
The keeping of chickens or other domestic or domesticated fowl shall not exceed 50 in number. Subsections 19.301.3 and 19.302.3.A contain additional regulations on keeping chickens or other domesticated fowl in the residential zones.
D.
Keeping of bees shall be a permitted accessory use for residentially
zoned properties.
E.
Amateur and CB radio equipment and operations shall be considered
an accessory use. Radio and television structures or towers outside
of dwellings shall be subject to building regulations. Such structures
and towers are not permitted within any required front yard or street
side yard, and shall be located at least 5 ft away from any side or
rear property line. Amateur and CB radio structures and towers may
exceed the height limits for the base zone, but shall not exceed a
height of 70 ft. Any deviation from these standards will require a
variance by the Planning Commission. Operational characteristics and
limitations of such equipment shall be as established and administered
by the FCC.
(Ord. 2243, 5/21/2024)
A clear vision area shall be maintained on the corners of all property at the intersection of 2 streets or a street and a railroad according to the provisions of the clear vision ordinance in Chapter 12.24.
No lot area, yard, other open space, or off-street parking or
loading area shall be reduced by conveyance or otherwise below the
minimum requirements of this title, except by dedication or conveyance
for a public use.
No lot area, yard, or other open space or off-street parking or loading area which is required by this title for one use shall be used to meet the required lot area, yard, or other open space or off-street parking area for another use, except as provided in Subsection 19.605.4.
Where commercial, mixed-use, or industrial development is proposed
abutting or adjacent to properties zoned R-MD, the following transition
measures shall be required. These additional requirements are intended
to minimize impacts on residential uses.
A.
All yards that abut, or are adjacent across a right-of-way from the
R-MD Zone shall be at least as wide as the required front yard width
of the adjacent R-MD Zone. This additional yard requirement shall
supersede the base zone yard requirements for the development property
where applicable, except in the NMU Zone. In the NMU Zone, the base
zone front yard requirements supersede these requirements.
B.
All yards that abut, or are adjacent across a right-of-way from the
R-MD Zone shall be maintained as open space. Natural vegetation, landscaping,
or fencing shall be provided to at least the 6-ft level to screen
R-MD residential uses from direct view across the open space, subject
to the provisions of Subsection 19.502.2.B.
No more than 20% of the required vegetation area shall be covered
in mulch or bark dust. Mulch or bark dust under the canopy of trees
or shrubs is excluded from this limit. Plans for development shall
include landscaping plans which shall be reviewed for conformance
to this standard.
A.
Applicability
Flag lots and back lots in all zones are subject to the development
standards of this subsection, where applicable.
B.
Development Standards—Flag Lots
1.
Lot Area Calculation
The areas contained within the accessway or pole portion of
the lot shall not be counted toward meeting the minimum lot area requirement,
except for the development of middle housing in which case the areas
contained within the accessway or pole portion can be counted toward
meeting the minimum lot area requirement.
2.
Yard Setbacks for Flag Lots
3.
Variances
Variances of lot area, lot width, and lot depth standards for flag lots are subject to a Type III variance per Section 19.911.
4.
Frontage, Accessway, and Driveway Design
a.
Flag lots shall have frontage or access on a public street.
The minimum width of the accessway and street frontage is 25 ft. The
accessway is the pole portion of the lot that provides access to the
flag portion of the lot.
b.
Abutting flag lots shall have a combined frontage and accessway
of 25 ft. For abutting accessways of 2 or more flag lots, the accessway
of any individual lot shall not be less than 15 ft.
c.
Driveway Design and Emergency Vehicle Access
(2)
Driveways must be centered within the accessway to minimize
impacts on adjoining lots except when otherwise warranted to preserve
existing vegetation or meet the intent of this subsection.
(3)
A paved turnaround area, or other provisions intended to provide
emergency vehicle access and adequate maneuvering area, may be required.
(4)
The flag lot driveway must be consolidated with the driveway
on the parent lot to the greatest extent practicable.
(5)
Design standards for shared driveways serving 3 or more lots
shall be specified by the City Engineer after consultation with the
Fire Marshal.
(6)
Parking along any portion of the driveway within the accessway
is prohibited unless the driveway is suitably sized to meet the combined
needs of parking and emergency access requirements.
C.
Development Standards—Back Lots
1.
Yard Setbacks for Back Lots
2.
Variances
Variances of lot area, lot width, and lot depth standards for back lots are subject to a Type III variance per Section 19.911.
3.
Frontage, Accessway, and Driveway Design
b.
The easement for access to a back lot must have a minimum width
of 6 ft wider than the driveway throughout its entire length.
c.
Driveway Design and Emergency Vehicle Access
(2)
Driveways must be centered within the accessway to minimize
impacts on adjoining lots except when otherwise warranted to preserve
existing vegetation or meet the intent of this subsection.
(3)
A paved turnaround area, or other provisions intended to provide
emergency vehicle access and adequate maneuvering area, may be required.
(4)
The back lot driveway must be consolidated with the driveway
on the parent lot to the greatest extent practicable.
(5)
Design standards for shared driveways serving more than 3 lots
must be specified by the City Engineer after consultation with the
Fire Marshal.
(6)
Parking along any portion of the driveway within the accessway
is prohibited unless the driveway is suitably sized to meet the combined
needs of parking and emergency access requirements.
D.
Screening of Adjoining Properties
Flag lots and back lots must be screened in accordance with this subsection. Fencing and screening must conform to the clear vision standards of Chapter 12.24. Fencing must conform to the standards of Subsection 19.502.2.B.
1.
Planting and screening must be provided at the time of development.
Installation of required screening and planting is required prior
to final inspections and occupancy of the site unless a bond or other
surety acceptable to the City Attorney is provided. Screening and
landscaping must be installed within 6 months thereafter or the bond
will be foreclosed. The property owner must maintain required screening
and planting in good and healthy condition. The requirement to maintain
required screening and planting is continuous.
2.
Driveways on flag lots and back lots must be screened to the greatest
extent practicable. Continuous screening along lot lines of the flag
lot, or back lot, abutting any neighboring lot that is not part of
the parent lot from which the flag lot, or back lot, was created is
required as described below. See Figures 19.504.6.E. and 19.504.6.F.
a.
Any combination of dense plantings of trees and shrubs and fencing
that will provide continuous sight obstruction for the benefit of
adjoining properties within 3 years of planting is allowed.
b.
Fencing along an accessway may not be located nearer to the
street than the front building line of the house located on lots that
abut the flag lot, or back lot, accessway. Dense planting must be
used to provide screening along the accessway in areas where fencing
is not permitted.
c.
All required screening and planting must be maintained and preserved
to ensure continuous protection against potential adverse impacts
to adjoining property owners.
|
Figure 19.504.6.E Flag Lot Screening
 |
|
Figure 19.504.6.F Back Lot Screening
 |
E.
Landscaping Plan Required—Flag Lots and Back Lots
A landscaping plan must be submitted to the Planning Manager
prior to issuance of a building permit for new construction. The plan
must be drawn to scale and must accompany development permit applications.
The plan must show the following information:
1.
A list of existing vegetation by type, including number, size, and
species of trees.
2.
Details for protections of existing trees.
3.
List of existing natural features.
4.
Location and space of existing and proposed plant materials.
5.
List of plant material types by botanical and common names.
6.
Notation of trees to be removed.
7.
Size and quantity of plant materials.
8.
Location of structures on adjoining lots, and location of windows,
doors, and outdoor use areas on lots that adjoin the flag lot driveway.
A.
Requirement
All development subject to Chapter 19.700 (excluding single detached, middle housing, and multi-unit residential development), or when specifically required elsewhere in Title 19, shall provide a system of walkways that encourages safe and convenient pedestrian movement within and through the development site. Redevelopment projects that involve remodeling or changes in use must be brought closer into conformance with this requirement to the greatest extent practicable. On-site walkways shall link the site with the public street sidewalk system, where sidewalks exist, or to the edge of the paved public street, where sidewalks do not exist. Walkways are required between parts of a site where the public is invited to walk. Walkways are not required between buildings or portions of a site that are not intended or likely to be used by pedestrians, such as truck loading docks and warehouses.
B.
Location
A walkway into the site shall be provided for every 300 ft of
street frontage.
C.
Connections
Walkways shall connect building entrances to one another and
building entrances to adjacent public streets and existing or planned
transit stops. On-site walkways shall connect with walkways, sidewalks,
bicycle facilities, alleys, and other bicycle or pedestrian connections
on adjacent properties used or planned for commercial, multifamily,
institutional, or park use. The City may require connections to be
constructed and extended to the property line at the time of development.
D.
Routing
Walkways shall be reasonably direct. Driveway crossings shall
be minimized. Internal parking lot circulation and design shall provide
reasonably direct access for pedestrians from streets and transit
stops to primary buildings on the site.
E.
Design Standards
Walkways shall be constructed with a hard surface material,
shall be permeable for stormwater, and shall be no less than 5 ft
in width. If adjacent to a parking area where vehicles will overhang
the walkway, a 7-ft-wide walkway shall be provided. The walkways shall
be separated from parking areas and internal driveways using curbing,
landscaping, or distinctive paving materials. On-site walkways shall
be lighted to an average 5/10-footcandle level. Stairs or ramps shall
be provided where necessary to provide a direct route.
The following requirement applies to all new commercial, office,
and institutional Development within 500 ft of an existing or planned
transit route measured along the public sidewalk that provides direct
access to the transit route:
When adjacent to a street served by transit, new commercial, office, or institutional Development, including uses authorized under Section 19.904 Community Service Uses, shall be set back no more than 30 ft from the right-of-way that is providing transit service.
A.
An individual building may be set back more than 30 ft, provided
the building is part of an Approved phased development that will result
in a future building(s) that complies with the 30-ft setback standard.
B.
For sites with multiple buildings, the maximum distance from a street
with transit to a public entrance of the primary building shall be
no more than 100 ft.
C.
If the proposed building is part of an institutional campus, the
Planning Director may allow flexibility in the setback and orientation
of the building. As a trade-off for this flexibility, enhanced sidewalk
connections shall be provided between the institutional building(s)
and nearby transit stops.
D.
If the site abuts more than one street served by transit, then the
maximum setback requirement need only apply to one street.
(Ord. 2025 § 2, 2011; Ord. 2051 § 2, 2012; Ord. 2106 § 2 (Exh. F), 2015; Ord. 2110 § 2 (Exh. G), 2015; Ord. 2112 § 2 (Exh. B), 2015; Ord. 2218 § 2 (Exh. B), 2022; Ord. 2229 § 2, 2023)
A preliminary circulation plan is intended to guide site development
by establishing a plan for multimodal access, connectivity, and circulation.
A preliminary circulation plan is a conceptual plan, in that it does
not establish a precise alignment for street, pedestrian, or bicycle
facilities.
A.
Applicability
A preliminary circulation plan is required for nonresidential development on sites 3 acres and larger that are subject to development review per Section 19.906 and where any of the following is true:
B.
Plan Contents
1.
The preliminary circulation plan shall include a site plan, showing
land uses; building envelopes and other structures; the pedestrian,
bicycle, and vehicle circulation system; vehicle and bicycle parking
areas; open areas; existing trees to be preserved; and utility connections.
The site plan must also include the following:
a.
All existing improvements that will remain after development
of the proposed use.
b.
All improvements planned in conjunction with the proposed use.
c.
Conceptual plans for possible future uses.
d.
Pedestrian and bicycle facilities, including safe pedestrian
and safe bicycle circulation between the following:
2.
The preliminary circulation plan shall include a public right-of-way/easement
plan depicting the following, if applicable:
Reservation, dedication, or use of the proposed site for public
purposes, including, but not limited to the following: rights-of-way,
showing the name and location of all existing and proposed public
and private access drives within or on the boundary of the proposed
site; the right-of-way and paving dimensions; the ownership and maintenance
status, if applicable; the location, width, and construction material
of all existing and proposed sidewalks; pedestrian accessways and
trails; and bicycle accessways and trails.
(Ord. 2025 § 2, 2011; Ord. 2051 § 2, 2012; Ord. 2106 § 2 (Exh. F), 2015; Ord. 2110 § 2 (Exh. G), 2015; Ord. 2112 § 2 (Exh. B), 2015; Ord. 2161 § 2, 2018; Ord. 2163 § 2, 2018; Ord. 2168 § 2, 2019; Ord. 2218 § 2 (Exh. B), 2022; Ord. 2224 § 2, 2022; Ord. 2229 § 3, 2023; Ord. 2236 § 2,
2023; Ord. 2236 § 2,
2023; Ord. 2243, 5/21/2024; Ord.
2245, 8/6/2024)
A.
Purpose
The design standards for one-to four-unit dwellings (including
single detached dwellings, duplexes, triplexes, and quadplexes) require
a minimum level of design on every dwelling. These standards are intended
to promote attention to detail, human-scale design, street visibility,
and privacy of adjacent properties, while affording flexibility to
use a variety of architectural styles.
1.
Dwellings must address the following design objectives:
a.
Articulation All street-facing buildings must incorporate design
elements that break up façades into smaller planes.
b.
Eyes on the street - A certain percentage of the area of each
street-facing façade must be windows or entrance doors.
c.
Main entrance On street-facing façades, at least one
main entrance must meet standards for location, orientation, and visibility.
d.
Detailed design - All street-facing buildings must include several
features selected from a menu.
In addition, site design standards are intended to facilitate
the development of attractive housing that encourages multimodal transportation.
They encourage good site design, which contributes to livability,
safety, and sustainability; helps create a stronger community; and
fosters a quality environment for residents and neighbors.
2.
Site design is intended to meet the following objectives:
a.
Livability Development should contribute to a livable neighborhood
by incorporating visually pleasing design, minimizing the impact of
vehicles, emphasizing pedestrian and bicycle connections, and providing
public and private open spaces for outdoor use.
b.
Compatibility - Development should have a scale that is appropriate
for the surrounding neighborhood and maintains the overall residential
character of Milwaukie.
c.
Safety and functionality - Development should be safe and functional,
by providing visibility into and within a residential development
and by creating a circulation system that prioritizes bicycle and
pedestrian safety.
d.
Sustainability Development should incorporate sustainable design
and building practices, such as energy conservation, preservation
of trees and open space, quality building materials, and alternative
transportation modes.
B.
Applicability of Design Standards
The building design standards in this subsection apply to the
development of one to 4 units when the closest wall of the street-facing
façade is within 50 ft of a front or street side lot line and
to dwellings in a cluster or grouping, either facing a shared open
space (e.g., a common courtyard) or a pedestrian path. The site design
standards apply to plex developments (i.e., 2 to 4 units).
1.
New Construction. The full list of design standards applies to construction
of new single detached and plex dwellings.
2.
Expansions of single detached dwellings in Subsection 19.505.1.B.1
that add area to any street-facing façade are subject to the
design standards as follows:
a.
Expansions that add 75 sq ft or less of street-facing façade area are exempt from all design standards in Subsection 19.505.1.
b.
Expansions that add more than 75 sq ft and less than 200 sq
ft of street-facing façade area are subject to Subsection 19.505.1.C.2
Eyes on the Street. The expanded façade area must meet the
standards of Subsection 19.505.1.C.2 without consideration of the
original street-facing façade area.
c.
Expansions that add 200 sq ft or more of street-facing façade
area are subject to the following design standards:
(1)
The entire street-facing façade shall comply with Subsection
19.505.1.C.2 Eyes on the Street.
(2)
Subsection 19.505.1.C.3 Main Entrance is applicable if an expansion
would create a new main entrance. No expansion shall bring the street-facing
façade out of conformance, or further out of conformance if
already nonconforming, with the design standard.
(3)
Subsection 19.505.1.C.1 Articulation is applicable for expansions
that add 20 lineal ft or more to the length of the street-facing façade.
d.
Subsection 19.505.1.C.4 Detailed Design is not applicable for
expansions. However, no expansion shall bring the street-facing façade
out of conformance, or further out of conformance if already nonconforming,
with the Detailed Design standards.
e.
Multiple expansions are allowed within a five-year period if
the street-facing façade will comply with the design standards
that would have been applicable if the expansions occurred at the
same time.
f.
Conversions of an attached garage to a habitable residential
space. When applicable, the design standards apply only to the street-facing
façade of the garage being converted. The following design
standards are applicable:
(1)
Subsection 19.505.1.C.3 Main Entrance is applicable if the garage
conversion would create a new main entrance. No conversion shall bring
the street-facing façade out of conformance, or further out
of conformance if already nonconforming, with the design standard.
(2)
Subsection 19.505.1.C.4 Detailed Design is not applicable. However,
no conversion shall bring the street-facing façade out of conformance,
or further out of conformance if already nonconforming, with the design
standard.
3.
Remodels, additions, and conversions that create new dwelling units.
a.
Internal conversion of an existing single detached dwelling,
or an addition to an existing single detached dwelling, into a duplex,
triplex, or quadplex (as provided in OAR 660-046-0230) is exempt from
this section, provided that the conversion or addition does not increase
nonconformance with applicable clear and objective standards. New
duplexes, triplexes, and quadplexes created by adding square footage
on a site occupied by an existing single detached dwelling must comply
with this section.
b.
Conversion of an existing accessory structure into a plex dwelling
unit must meet the Eyes on the Street standard for the street-facing
façade(s).
C.
Dwelling Standards
All buildings that meet the applicability provisions in Subsection
19.505.1.B must meet the following design standards. The graphics
provided are intended to illustrate how development could comply with
these standards and should not be interpreted as requiring a specific
architectural style. An architectural feature may be used to comply
with more than one standard.
An applicant may request a variance to the Detailed Design standards
in Subsection 19.505.1.C.4 through a Type II review, pursuant to Subsection
19.911.3.B. variances to any other design standards requires a variance
through a Type III review, per Subsection 19.911.3.C.
1.
Articulation
All buildings must incorporate design elements that break up
all street-facing façades into smaller planes as follows. See
Figure 19.505.1.C.1 for illustration of articulation.
a.
For buildings with 30-60 ft of street frontage, a minimum of
one of the following elements must be provided along the street-facing
façades:
b.
For buildings with over 60 ft of street frontage, at least one
element in Subsection 19.505.1.C.1.a(1)-(4) above must be provided
for every 30 ft of street frontage. Elements must be distributed along
the length of the façade so that there are no more than 30
ft between 2 elements.
c.
For buildings with less than 30 ft of street frontage, the building
articulation standard is not applicable.
|
Figure 19.505.1.C.1 Building Articulation
 |
2.
Eyes on the Street
At least 15% of the area of each street-facing façade
must be windows or entrance doors. See Figure 19.505.1.C.2 for illustration
of eyes on the street.
a.
Windows used to meet this standard must be transparent and allow
views from the building to the street. Glass blocks and privacy windows
in bathrooms do not meet this standard.
b.
Half of the total window area in the door(s) of an attached
garage counts toward the eyes on the street standard. All of the window
area in the street-facing wall(s) of an attached garage count toward
meeting this standard.
c.
Window area is considered the entire area within the outer window
frame, including any interior window grid.
d.
Doors used to meet this standard must face the street or be
at an angle of no greater than 45 degrees from the street.
e.
Door area is considered the portion of the door that moves.
Door frames do not count toward this standard.
|
Figure 19.505.1.C.2 Eyes on the Street
 |
3.
Main Entrance
At least one main entrance must meet both of the following standards.
See Figure 19.505.1.C.3 for illustration of main entrances. Dwellings
on flag lots or back lots are exempt from these main entrance design
standards.
4.
Detailed Design
All buildings shall include at least 5 of the following features
on any street-facing façade. See Figure 19.505.1.C.4 for illustration
of detailed design elements.
a.
Covered porch at least 5 ft deep, as measured horizontally from
the face of the main building façade to the edge of the deck,
and at least 5 ft wide.
b.
Recessed entry area at least 2 ft deep, as measured horizontally
from the face of the main building façade, and at least 5 ft
wide.
c.
Offset on the building face of at least 16 in from one exterior
wall surface to the other.
d.
Dormer that is at least 4 ft wide and integrated into the roof
form.
e.
Roof eaves with a minimum projection of 12 in from the intersection
of the roof and the exterior walls.
f.
Roof line offsets of at least 2 ft from the top surface of one
roof to the top surface of the other.
g.
Clay tile, slate, or wood shingle roofs.
h.
Horizontal lap siding between 3 to 7 in wide (the visible portion
once installed). The siding material may be wood, fiber-cement, or
vinyl.
i.
Brick, cedar shingles, stucco, or other similar decorative materials
covering at least 40% of the street-facing façade.
j.
Gable roof, hip roof, or gambrel roof design.
k.
Window trim around all windows at least 3 in wide and 5/8 in
deep.
l.
Window recesses, in all windows, of at least 3 in as measured
horizontally from the face of the building façade.
m.
Balcony that is at least 3 ft deep, 5 ft wide, and accessible
from an interior room.
n.
One roof pitch of at least 500 sq ft in area that is sloped
to face the southern sky and has its eave line oriented within 30
degrees of the true north/south axis.
o.
Bay window at least 2 ft deep and 5 ft wide.
p.
Attached garage width, as measured between the inside of the
garage door frame, of 35% or less of the length of the street-facing
façade.
q.
The following design element counts as 2 elements. Dwelling
must be built to meet universal access as follows:
(1)
Dwelling must have a bedroom on the ground floor.
(2)
A ramp complying with R311.8 Oregon Residential Specialty Code
(ORSC) must be provided to the main entrance of the dwelling.
(3)
Doors must have a minimum clear width of 32 in.
(4)
Horizontal and vertical grab bars must be provided in one bathroom
on the main floor at the toilet, bath and shower. (See ANSI A117-1
Section 609 for size and location requirements.)
|
Figure 19.505.1.C.4 Detailed Design Elements
 |
D.
Site Design Standards
The site design standards do not apply to single detached dwellings,
only to plex developments.
1.
Minimum separation between detached units is 6 ft.
2.
Pedestrian Circulation
The on-site pedestrian circulation system must include the following:
a.
Continuous connections between the primary buildings, streets
abutting the site, ground level entrances, common buildings, common
open space, and vehicle and bicycle parking areas.
b.
At least one pedestrian connection to an abutting street frontage
for each 200 linear ft of street frontage.
c.
Pedestrian walkways must be separated from vehicle parking and
maneuvering areas by physical barriers such as planter strips, raised
curbs, or bollards.
d.
Walkways must be constructed with a hard surface material and
must be no less than 3 ft wide. If adjacent to a parking area where
vehicles will overhang the walkway, a 7-ft-wide walkway must be provided.
The walkways must be separated from parking areas and internal driveways
using curbing, landscaping, or distinctive paving materials.
3.
Privacy and Screening
a.
Mechanical and communication equipment and outdoor garbage and
recycling areas must be screened so they are not visible from streets
and common open spaces.
b.
Utilities such as transformers, heating and cooling, electric
meters, and other utility equipment must not be located within 5 ft
of a front entrance and must be screened with sight-obscuring materials.
4.
Sustainability
In order to promote more sustainable development, plex developments
must incorporate the following elements:
a.
Building orientation that does not preclude utilization of solar
panels, or an ecoroof on at least 20% of the total roof surfaces.
b.
Windows that are operable by building occupants.
c.
Window orientation, natural shading, and/or sunshades to limit
summer sun and to allow for winter sun penetration.
5.
Recycling Areas
A recycling area or recycling areas within a plex development
must meet the following standards:
a.
The recycling collection area must provide containers to accept
the following recyclable materials: glass, newspaper, corrugated cardboard,
tin, and aluminum.
b.
The recycling collection area must be located at least as close
to the Dwelling units as the closest garbage collection/container
area.
c.
Recycling containers must be covered by either a roof or weatherproof
lids.
d.
The recycling collection area must have a collection capacity
of at least 100 cu ft in size for every 10 dwelling units or portion
thereof.
e.
The recycling collection area must be accessible to collection
service personnel between the hours of 6:00 a.m. and 6:00 p.m.
f.
The recycling collection area and containers must be labeled,
to indicate the type and location of materials accepted, and properly
maintained to ensure continued use by tenants.
g.
Fire Department approval will be required for the recycling
collection area.
h.
Review and comment for the recycling collection area will be
required from the appropriate franchise collection service.
A.
Purpose
These standards are intended to prevent garages from obscuring
or dominating the street-facing façade of a dwelling and provide
for a pleasant pedestrian environment in residential areas.
B.
Applicability
The standards in this subsection apply to all new attached garages and carports on properties with a single-family detached dwelling, residential home, or duplex when the street-facing façade of the garage, or columns of the carport, are located within 50 ft of the front property line. Standards for garages in rowhouse development are in Subsection 19.505.5.
C.
Standards
1.
The front of a garage or carport can be no closer to the front lot
line than the longest street-facing wall of the house that encloses
living area. The following exceptions apply:
a.
A garage or carport may extend up to 5 ft in front if there
is a covered front porch and the garage or carport does not extend
beyond the front of the porch.
b.
A garage may extend up to 5 ft in front if the garage is part
of a 2-story façade that has a window at least 12 sq ft in
area on the second story that faces the street.
2.
The width of a street-facing garage door(s), as measured between
the inside of the garage door frame, may not exceed 40% of the total
width of the street-facing façades on the same street frontage
as the garage door. See Figure 19.505.2.C.2. Notwithstanding this
limit, a dwelling is allowed 1 12-ft-wide garage door, regardless
of the total width of street-facing façades.
The maximum allowed garage door width may be increased to 50%
of the total width of the street-facing façade if a total of
7 detailed design elements in Subsection 19.505.1.C.4 are included
on the street-facing façade.
|
Figure 19.505.2.C.2 Maximum Garage Width
 |
3.
Garages may be side-oriented to the front lot line if the eyes on
the street standard in Subsection 19.505.1.C.2 is met.
A.
Purpose
The purpose of these design standards is to facilitate the development
of attractive multi-unit housing that encourages multimodal transportation.
They encourage good site and building design, which contributes to
livability, safety, and sustainability; helps create a stronger community;
and fosters a quality environment for residents and neighbors.
The guidelines and standards are intended to achieve the following
principles that the City encourages for multi-unit development:
1.
Livability
Development should contribute to a livable neighborhood by incorporating
visually pleasing design, minimizing the impact of vehicles, emphasizing
pedestrian and bicycle connections, and providing public and private
open spaces for outdoor use.
2.
Compatibility
Development should have a scale that is appropriate for the
surrounding neighborhood and maintains the overall residential character
of Milwaukie.
3.
Safety and Functionality
Development should be safe and functional, by providing visibility
into and within a multiunit development and by creating a circulation
system that prioritizes bicycle and pedestrian safety.
4.
Sustainability
Development should incorporate sustainable design and building
practices, such as energy conservation, preservation of trees and
open space, quality building materials, and alternative transportation
modes.
B.
Applicability
The design elements in Table 19.505.3.D in this subsection apply, as described below, to all multi-unit developments and residential care facilities with 3 or more dwelling units on a single lot. Cottage cluster housing and rowhouses on their own lots are subject to separate standards and are therefore exempt from Subsection 19.505.3.
1.
All new multi-unit or residential care facilities are subject to
the design elements in this subsection.
2.
The following design elements are applicable for work that would
construct a new Building or increase the floor area on the site by
more than 1,000 sq ft. Elements that are applicable only to additions
do not apply to the site's existing development.
a.
Subsection 19.505.3.D.1 Private Open Space, for the entire site.
b.
Subsection 19.505.3.D.2 Public Open Space, for the entire site.
c.
Subsection 19.505.3.D.5 Building Orientation and Entrances,
only for additions or new buildings.
d.
Subsection 19.505.3.D.6 Building Façade Design, only
for additions or new buildings.
e.
Subsection 19.505.3.D.7 Building Materials, only for additions
or new Buildings.
f.
Subsection 19.505.3.D.8 Landscaping, for the entire site.
g.
Subsection 19.505.3.D.9 Screening, only for additions or new
buildings.
h.
Subsection 19.505.3.D.11 Sustainability, only for new buildings.
i.
Subsection 19.505.3.D.12 Privacy Considerations, only for additions
or new buildings.
j.
Subsection 19.505.3.D.13 Safety, only for additions or new buildings.
3.
Table 19.505.3.D.7 Building Materials is applicable for work that
would replace more than 50% of the façade materials on a building
within a 12-month period. The element applies only to the building
on which the new façade materials are installed.
4.
Any activity not described in Subsections 19.505.3.B.1-3 is exempt
from the design elements in this subsection.
C.
Review Process
Two possible review processes are available for review of multi-unit
or residential care facilities: objective and discretionary. An applicant
may choose which process to use. The objective process uses clear
objective standards that do not require the use of discretionary decision-making.
The discretionary process uses design guidelines that are more discretionary
in nature and are intended to provide the applicant with more design
flexibility. Regardless of the review process, the applicant must
demonstrate how the applicable standards or guidelines are being met.
D.
Design Guidelines and Standards
Applicable guidelines and standards for multi-unit and residential
care facilities are located in Table 19.505.3.D. These standards should
not be interpreted as requiring a specific architectural style.
|
Table 19.505.3.D
Multi-Unit Design Guidelines and Standards
| ||
|---|---|---|
|
Design Element
|
Design Guideline (Discretionary Process)
|
Design Standard (Objective Process)
|
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1. Private Open Space
|
The development should provide private open space for each dwelling
unit. Private open space should have direct access from the dwelling
unit and should be visually and/or physically separate from common
areas.
The development may provide common open space in lieu of private
opens space if the common open space is well designed, adequately
sized, and functionally similar to private open space.
|
Private open space (patios or balconies) shall be provided as
follows:
a. For each dwelling unit located on the ground floor, or within
5 ft of finished grade, a minimum of 96 sq ft of private open space,
with a minimum dimension of 5 ft.
b. For each dwelling unit located more than 5 ft above finished
grade, a minimum of 48 sq ft of private open space.
c. For each dwelling unit with private open space, the private
open space shall be directly accessible from the interior of the dwelling
unit.
d. Private open space shall be separated from common open space
and adjacent dwelling units through the use of landscaping, fencing,
or a wall.
|
|
2. Public Open Space
|
The development should provide sufficient open space for the
purpose of outdoor recreation, scenic amenity, or shared outdoor space
for people to gather.
|
Common open space shall be provided as follows:
a. For buildings with more than 5 dwelling units, a minimum
of 10% of the gross site area, or 750 sq ft, whichever is greater,
shall be designated as common open space.
b. The minimum dimension for any common open space shall be
20 ft.
c. Projects with 20 units or less shall provide at least 2 of
the following common open space features. Projects with more than
20 units shall provide at least 4 of the features: recreation area,
play fields, children's play area, sport courts, gardens, permanent
picnic tables, swimming pools, walking trails, pedestrian amenities,
or similar items.
d. If a development includes a children's play area, the play
area shall be located such that it is visible from at least 50% of
the abutting units. Play areas shall not be located within required
yards.
e. User amenities—such as tables, benches, trees, shrubs,
planter boxes, garden plots, drinking fountains, spas, or pool—may
be placed in the outdoor area.
|
|
3. Pedestrian Circulation
|
Site design should promote safe, direct, and usable pedestrian
facilities and connections throughout the development. Ground-floor
units should provide a clear transition from the public realm to the
private dwellings.
|
The on-site pedestrian circulation system shall include the
following:
a. Continuous connections between the primary buildings, streets
abutting the site, ground level entrances, common buildings, common
open space, vehicle and bicycle parking areas, and transit facilities
abutting the site.
b. At least 1 pedestrian connection to an abutting street frontage
for each 200 linear ft of street frontage.
c. Pedestrian walkways shall be separated from vehicle parking
and maneuvering areas by physical barriers such as planter strips,
raised curbs, or bollards.
d. Walkways shall be constructed with a hard surface material,
shall be permeable for stormwater, and shall be no less than 5 ft
wide. If adjacent to a parking area where vehicles will overhang the
walkway, a 7-ft-wide walkway shall be provided. The walkways shall
be separated from parking areas and internal driveways using curbing,
landscaping, or distinctive paving materials.
e. On-site walkways shall be lighted to an average 5/10-footcandle
level. Stairs or ramps shall be provided where necessary to provide
a direct route.
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|
4. Vehicle and Bicycle Parking
|
Vehicle parking should be integrated into the site in a manner
that does not detract from the design of the building, the street
frontage, or the site. Bicycle parking should be secure, sheltered,
and conveniently located.
|
Parking for the development shall comply with the following:
a. On-site surface parking areas, garages, and vehicle maneuvering
areas shall not be located directly between the façade of a
primary building(s) and an abutting street right-of-way.
b. Parking located to the side of a dwelling structure shall
be limited to 50% of the linear frontage of that side. Drive aisles
without adjacent parking spaces do not count as parking areas for
purposes of this standard.
c. All garages that are part of the same structure that contains
dwelling units shall be located at least 4 ft behind the front building
façade.
d. See Section 19.609 for bicycle parking requirements.
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|
5. Building Orientatio n & Entrances
|
Buildings should be located with the principal façade
oriented to the street or a street-facing open space such as a courtyard.
Building entrances should be well-defined and protect people from
the elements.
|
a. The primary building entry, or entries, for groundfloor units
shall face the street right-of-way or a central common open space.
Secondary entries may face parking lots or other interior site areas.
b. Building entrances shall be emphasized through the use of
features or elements such as recesses, projections, corner entries,
or landscape treatments.
c. For sites not on an arterial street, at least 50% of a site's
street frontage, excluding driveways, shall be occupied by buildings
that are located no further than 10 ft from the required setback line.
d. For sites on an arterial street, at least 50% of a site's
street frontage, excluding driveways, shall be occupied by buildings
that are located no further than 20 ft from the required setback line.
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6. Building Façade Design
|
Changes in wall planes, layering, horizontal datums, vertical
datums, building materials, color, and/or fenestration shall be incorporated
to create simple and visually interesting buildings.
Windows and doors should be designed to create depth and shadows
and to emphasize wall thickness and give expression to residential
buildings.
Windows should be used to provide articulation to the façade
and visibility into the street.
Building façades shall be compatible with adjacent building
façades.
Garage doors shall be integrated into the design of the larger
façade in terms of color, scale, materials, and building style.
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a. Street-facing building façades shall be divided into
wall planes. The wall plane on the exterior of each dwelling unit
shall be articulated by doing one or more of the following:
(1) Incorporating elements such as porches or decks into the
wall plane.
(2) Recessing the building a minimum of 2 ft deep x 6 ft long.
(3) Extending an architectural bay at least 2 ft from the primary
street-facing façade.
b. Windows and the glass portion(s) of doors with glazing shall
occupy a minimum of 25% of the total street-facing façade.
c. Buildings shall have a distinct base and top. The base of
the building (ground-floor level) shall be considered from grade to
12 ft above grade. The base shall be visually distinguished from the
top of the building by any of the following physical transitions:
a change in brick pattern, a change in surface or siding materials,
a change in color, or a change in the size or orientation of window
types.
d. To avoid long, monotonous, uninterrupted walls, buildings
shall incorporate exterior wall off-sets, projections and/or recesses.
At least 1 ft of horizontal variation shall be used at intervals of
40 ft or less along the building's primary façade on the ground-floor
level.
e. Blank, windowless walls in excess of 750 sq ft are prohibited
when facing a public street, unless required by the Building Code.
In instances where a blank wall exceeds 750 sq ft, it shall be articulated
or intensive landscaping shall be provided.
f. Garage doors shall be painted to match the color or color
palette used on the rest of the buildings.
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7. Building Materials
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Buildings should be constructed with architectural materials
that provide a sense of permanence and high quality.
Street-facing façades shall consist predominantly of
a simple palette of long-lasting materials such as brick, stone, stucco,
wood siding, and wood shingles.
A hierarchy of building materials shall be incorporated. The
materials shall be durable and reflect a sense of permanence and quality
of development.
Split-faced block and gypsum reinforced fiber concrete (for
trim elements) shall only be used in limited quantities.
Fencing shall be durable, maintainable, and attractive.
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a. The following building materials are prohibited on street-facing
building façades and shall not collectively be used on more
than 35% of any other building façade:
(1) Vinyl PVC siding
(2) T-111 Plywood
(3) Exterior insulation finishing (EIFS)
(4) Corrugated metal
(5) Plain concrete or concrete block
(6) Spandrel glass
(7) Sheet pressboard
b. The following fence materials are prohibited.
(1) Plastic or vinyl
(2) Chain link
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8. Landscapi ng
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Landscaping of multi-unit developments should be used to provide
a canopy for open spaces and courtyards, and to buffer the development
from adjacent properties. Existing, healthy trees should be preserved
whenever possible. Landscape strategies that conserve water shall
be included. Hardscapes shall be shaded where possible, as a means
of reducing energy costs (heat island effect) and improving stormwater
management
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a. For every 2,000 sq ft of site area, 1 tree shall be planted
or 1 existing tree shall be preserved. Preserved tree(s) must be at
least 6 inches in diameter at breast height (DBH) and cannot be listed
as a nuisance species in the Milwaukie Native Plant List.
b. Trees shall be planted to provide, within 5 years, canopy
coverage for at least 1/3 of any common open space or courtyard. Compliance
with this standard is based on the expected growth of the selected
trees.
c. On sites with a side or rear lot line that abuts an R-MD
Zone, landscaping, or a combination of fencing and landscaping, shall
be used to provide a sightobscuring screen 6 ft high along the abutting
property line. Landscaping used for screening must attain the 6 ft
height within 24 months of planting.
d. For projects with more than 20 units:
(1) Any irrigation system shall minimize water use by incorporating
a rain sensor, rotor irrigation heads, or a drip irrigation system.
(2) To reduce the "heat island" effect, highly reflective paving
materials with a solar reflective index of at least 29 shall be used
on at least 25% of hardscape surfaces.
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9. Screening
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Mechanical equipment, garbage collection areas, and other site
equipment and utilities should be screened so they are not visible
from the street and public or private open spaces. Screening should
be visually compatible with other architectural elements in the development.
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Mechanical and communication equipment and outdoor garbage and
recycling areas shall be screened so they are not visible from streets
and other groundlevel private open space and common open spaces.
a. Appropriate screening for rooftop equipment includes parapet
walls or architecturally compatible fabricated enclosures such as
panels and walls.
(1) The Planning Director may require a review of rooftop equipment
screening by requesting sight line studies.
(2) Solar energy systems are exempt from this requirement.
b. Utilities such as transformers, heating and cooling, electric
meters, and other utility equipment shall be not be located within
5 ft of a front entrance and shall be screened with sight-obscuring
materials.
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10. Recycling Areas
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Recycling areas should be appropriately sized to accommodate
the amount of recyclable materials generated by residents. Areas should
be located such that they provide convenient access for residents
and for waste and recycling haulers. Recycling areas located outdoors
should be appropriately screened or located so that they are not prominent
features viewed from the street.
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A recycling area or recycling areas within a multi-unit development
shall meet the following standards.
a. The recycling collection area must provide containers to
accept the following recyclable materials: glass, newspaper, corrugated
cardboard, tin, and aluminum.
b. The recycling collection area must be located at least as
close to the dwelling units as the closest garbage collection/container
area.
c. Recycling containers must be covered by either a roof or
weatherproof lids.
d. The recycling collection area must have a collection capacity
of at least 100 cu ft in size for every 10 dwelling units or portion
thereof.
e. The recycling collection area must be accessible to collection
service personnel between the hours of 6:00 a.m. and 6:00 p.m.
f. The recycling collection area and containers must be labeled,
to indicate the type and location of materials accepted, and properly
maintained to ensure continued use by tenants.
g. Fire Department approval will be required for the recycling
collection area.
h. Review and comment for the recycling collection area will
be required from the appropriate franchise collection service.
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11. Sustainability
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Multi-unit development should optimize energy efficiency by
designing for building orientation for passive heat gain, shading,
day-lighting, and natural ventilation. Sustainable materials, particularly
those with recycled content, should be used whenever possible. Sustainable
architectural elements shall be incorporated to increase occupant
health and maximize a building's positive impact on the environment.
When appropriate to the context, buildings should be placed
on the site giving consideration to optimum solar orientation. Methods
for providing summer shading for south-facing walls, and the implementation
of photovoltaic systems on the south-facing area of the roof, are
to be considered.
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In order to promote more sustainable development, multi-unit
developments shall incorporate the following elements.
a. Building orientation that does not preclude utilization of
solar panels, or an ecoroof on at least 20% of the total roof surfaces.
b. Windows that are operable by building occupants.
c. Window orientation, natural shading, and/or sunshades to
limit summer sun and to allow for winter sun penetration.
d. Projects with more than 20 units shall incorporate at least
2 of the following elements:
(1) A vegetated ecoroof for a minimum of 30% of the total roof
surface.
(2) For a minimum of 75% of the total roof surface, a white
roof with a Solar Reflectance Index (SRI) of 78 or higher if the roof
has a 3/12 roof pitch or less, or SRI of 29 or higher if the roof
has a roof pitch greater than 3/12.
(3) A system that collects rainwater for reuse Onsite (e.g.,
site irrigation) for a minimum of 50% of the total roof surface.
(4) An integrated solar panel system for a minimum of 30% of
the total roof or building surface.
(5) Orientation of the long axis of the building within 30 degrees
of the true east-west axis, with unobstructed solar access to the
south wall and roof.
(6) Windows located to take advantage of passive solar collection
and include architectural shading devices (such as window overhangs)
that reduce summer heat gain while encouraging passive solar heating
in the winter.
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12. Privacy Considerations
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Multi-unit development should consider the privacy of, and sight
lines to, adjacent residential properties, and be oriented and/or
screened to maximize the privacy of surrounding residences.
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In order to protect the privacy of adjacent properties, multiunit
developments shall incorporate the following elements:
a. The placement of balconies above the first story shall not
create a direct line of sight into the living spaces or backyards
of adjacent residential properties.
b. Where windows on a multi-unit development are within 30 ft
of windows on adjacent residences, windows on the multi-unit development
shall be offset so the panes do not overlap windows on adjacent residences,
when measured at right angles. Windows are allowed to overlap if they
are opaque, such as frosted windows, or placed at the top third of
the wall, measured from floor to ceiling height in the multi-unit
unit.
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13. Safety
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Multi-unit development should be designed to maximize visual
surveillance, create defensible spaces, and define access to and from
the site. Lighting should be provided that is adequate for safety
and surveillance, while not imposing lighting impacts to nearby properties.
The site should be generally consistent with the principles of Crime
Prevention Through Environmental Design:
• Natural Surveillance: Areas where people and their activities
can be readily observed.
• Natural Access Control: Guide how people come to and
from a space through careful placement of entrances, landscaping,
fences, and lighting.
• Territorial Reinforcement: Increased definition of space
improves proprietary concern and reinforces social control.
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a. At least 70% of the street or common open space frontage
shall be visible from the following areas on 1 or more dwelling units:
a front door; a ground-floor window (except a garage window); or a
second-story window placed no higher than 3.5 ft from the floor to
the bottom of the windowsill.
b. All outdoor common open spaces and streets shall be visible
from 50% of the units that face it. A unit meets this criterion when
at least 1 window of a frequently used room—such as a kitchen,
living room and dining room, but not bedroom or bathroom—faces
a common open space or street.
c. Uses on the site shall be illuminated as follows:
(1) Parking and loading areas: 0.5 footcandle minimum.
(2) Walkways: 0.5 footcandle minimum and average of 1.5 footcandles.
(3) Building entrances: 1 footcandle minimum with an average
of 3.5 footcandles, except that secondary entrances may have an average
of 2.0 footcandles.
d. Maximum illumination at the property line shall not exceed
0.5 footcandles. However, where a site abuts a nonresidential district,
maximum illumination at the property line shall not exceed 1 footcandle.
This standard applies to adjacent properties across a public right-of-way.
e. Developments shall use full cut-off lighting fixtures to
avoid off-site lighting, night sky pollution, and shining lights into
residential units.
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A.
Purpose
Cottage clusters provide a type of housing that includes the
benefits of a single detached dwelling while also being an affordable
housing type for new homeowners and households that do not require
as much living space. These standards are intended to: support the
growth management goal of more efficient use of urban residential
land; support development of diverse housing types in accordance with
the Comprehensive Plan; increase the variety of housing types available
for smaller households; provide opportunities for small, detached
dwelling units within existing neighborhoods; increase opportunities
for home ownership; and provide opportunities for creative and high-quality
infill development that is compatible with existing neighborhoods.
C.
Development Standards
The standards listed below in Table 19.505.4.C.1 are the applicable development and design standards for cottage cluster housing. Additional design standards are provided in Subsection 19.505.1.
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Table 19.505.4.C.1
Cottage Cluster Development Standards
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Standards
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R-MD
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R-HD, GMU, NMU, SMU
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A. Home Types
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1. Building types allowed, minimum and maximum number per cluster
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Detached and Attached cottages 3 minimum 12 maximum dwelling
units
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Detached and Attached cottages 3 minimum 12 maximum dwelling
units
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B. Home Size
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1. Max building footprint per dwelling unit
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900 sf
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2. Max average floor area per dwelling unit
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1,400 sf
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C. Height
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1. Max height
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25 ft or 2 stories, whichever is greater
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2. Max structure height between 5 & 10 ft of rear lot line
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15 ft
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3. Max height to eaves facing common green
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1.618 times the narrowest average width between two closest
buildings
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D. Setbacks, Separations, and Encroachments
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1. Separation between structures (minimum)
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6 ft
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2. Side and rear site setbacks
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5 ft
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3. Front site setback (minimum)
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10 ft
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4. Front site setback (Maximum)
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20 ft
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5. Separation between clusters (minimum)
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10 ft
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E. Impervious Area, Vegetated Area
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1. Impervious area (maximum)
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60%
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65%
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2. Vegetated site area (minimum)
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35%
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35%
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F. Community and Common Space
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1. Community building footprint (maximum)1
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1,000 sf
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1,000 sf
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2. Common Space
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19.505.4.E.2
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19.505.4.E.2
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G. Parking (see also 19.505.4.E.4)
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1. Automobile parking spaces per dwelling unit (maximum)
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See MMC Section 19.605
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See MMC Section 19.605
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2. Bicycle Parking spaces per dwelling unit (minimum)
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See MMC Section 19.609
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1
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Use of an existing home, per Subsection 19.505.4.E.4, as the
community building is exempt from this standard. Community buildings
are not required in a cottage cluster development.
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D.
Cottage Standards
1.
Size
The total footprint of a cottage unit must not exceed 900 sq
ft, and the maximum average floor area for a cottage cluster is 1,400
sq ft per dwelling unit.
2.
Height
The height for all structures must not exceed 25 ft or 2 stories,
whichever is greater.
3.
Orientation
a.
Cottages must be clustered around a common courtyard, meaning
they abut the associated common courtyard or are directly connected
to it by a pedestrian path, and must meet the following standards:
(1)
Each cottage within a cluster must either abut the common courtyard
or must be directly connected to it by a pedestrian path.
(2)
A minimum of 50% of cottages within a cluster must be oriented
to the common courtyard and must:
(3)
Cottages within 20 ft of a street property line may have their
entrances facing the street.
(4)
Cottages not facing the common courtyard or the street must
have their main entrances facing a pedestrian path that is directly
connected to the common courtyard.
4.
Design
The design standards in this subsection apply to cottages when
the closest wall of the street-facing façade is within 50 ft
of a front or street side lot line, when the front of the cottage
faces the street, and to dwellings in a cluster or grouping, either
facing a shared open space (e.g. a common courtyard) or a pedestrian
path. An architectural feature may be used to comply with more than
one standard.
An applicant may request a variance to the detailed design standards
in Subsection 19.505.4.C.4 through a Type II review, pursuant to Subsection
19.911.3.B. Variances to any other design standards requires a variance
through a Type III review, per Subsection 19.911.3.C.
a.
Articulation
All buildings must incorporate design elements that break up
all street-facing façades into smaller planes as follows:
b.
Eyes on the Street
At least 15% of the area of each street-facing façade
must be windows or entrance doors.
(1)
Windows used to meet this standard must be transparent and allow
views from the building to the street. Glass blocks and privacy windows
in bathrooms do not meet this standard.
(2)
Half of the total window area in the door(s) of an attached
garage counts toward the eyes on the street standard. All of the window
area in the street-facing wall(s) of an attached garage count toward
meeting this standard.
(3)
Window area is considered the entire area within the outer window
frame, including any interior window grid.
(4)
Doors used to meet this standard must face the street or be
at an angle of no greater than 45 degrees from the street.
(5)
Door area is considered the portion of the door that moves.
Door frames do not count toward this standard.
c.
Main Entrance
At least one main entrance must meet both of the following standards.
d.
Detailed Design
All buildings shall include at least 5 of the following features
on any street-facing façade.
(1)
Covered porch at least 5 ft deep, as measured horizontally from
the face of the main building façade to the edge of the deck,
and at least 5 ft wide.
(2)
Recessed entry area at least 2 ft deep, as measured horizontally
from the face of the main building façade, and at least 5 ft
wide.
(3)
Offset on the building face of at least 16 in from one exterior
wall surface to the other.
(4)
Dormer that is at least 4 ft wide and integrated into the roof
form.
(5)
Roof eaves with a minimum projection of 12 in from the intersection
of the roof and the exterior walls.
(6)
Roof line offsets of at least 2 ft from the top surface of one
roof to the top surface of the other.
(7)
Tile or wood shingle roofs.
(8)
Horizontal lap siding between 3 to 7 in wide (the visible portion
once installed). The siding material may be wood, fiber-cement, or
vinyl.
(9)
Brick, cedar shingles, stucco, or other similar decorative materials
covering at least 40% of the street-facing façade.
(10)
Gable roof, hip roof, or gambrel roof design.
(11)
Window trim around all windows at least 3 in wide and 5/8 in
deep.
(12)
Window recesses, in all windows, of at least 3 in as measured
horizontally from the face of the building façade.
(13)
Balcony that is at least 3 ft deep, 5 ft wide, and accessible
from an interior room.
(14)
One roof pitch of at least 500 sq ft in area that is sloped
to face the southern sky and has its eave line oriented within 30
degrees of the true north/south axis.
(15)
Bay window at least 2 ft deep and 5 ft wide.
(16)
Attached garage width, as measured between the inside of the
garage door frame, of 35% or less of the length of the street-facing
façade.
(17)
The following design element counts as 2 elements. Dwelling
must be built to meet universal access as follows:
(a)
Dwelling must have a bedroom on the ground floor.
(b)
A ramp complying with R311.8 Oregon Residential
Specialty Code (ORSC) must be provided to the main entrance of the
dwelling.
(c)
Doors must have a minimum clear width of 32 in.
(d)
Horizontal and vertical grab bars must be provided
in one bathroom on the main floor at the toilet, bath and shower.
(See ANSI A117-1 section 609 for size and location requirements.)
E.
Site Design and Other Standards
1.
Number of Cottages Allowed
A cottage cluster must include a minimum of 3 cottages and a
maximum of 12 cottages, subject to Table 19.505.4.B.1. Minimum separation
between detached units is 6 ft.
2.
Common Open Space
Each cottage cluster must share a common courtyard in order
to provide a sense of openness and community of residents. Common
courtyards must meet the following standards:
a.
The common courtyard must be a single, contiguous piece.
b.
Cottages must abut the common courtyard on at least 2 sides
of the courtyard.
c.
The common courtyard must contain a minimum of 150 sq ft per
cottage within the associated cluster (as defined in Subsection 19.505.1.C.1).
d.
The common courtyard must be a minimum of 15 ft wide at its
narrowest dimension.
e.
The common courtyard must be developed with a mix of landscaping,
lawn area, pedestrian paths, and/or paved courtyard area, and may
also include recreational amenities. Impervious elements of the common
courtyard must not exceed 75% of the total common courtyard area.
f.
Pedestrian paths must be included in a common courtyard. Paths
that are contiguous to a courtyard must count toward the courtyard's
minimum Dimension and area. Parking areas, required setbacks between
cottages, and driveways do not qualify as part of a common courtyard.
3.
Pedestrian Circulation
The on-site pedestrian circulation system must include the following:
a.
Continuous connections between the primary buildings, streets
abutting the site, ground level entrances, common buildings, common
open space, and vehicle and bicycle parking areas.
b.
At least one pedestrian connection to an abutting street frontage
for each 200 linear ft of street frontage.
c.
Pedestrian walkways must be separated from vehicle parking and
maneuvering areas by physical barriers such as planter strips, raised
curbs, or bollards.
d.
Walkways must be constructed with a hard surface material and
must be no less than 3 ft wide. If adjacent to a parking area where
vehicles will overhang the walkway, a 7-ft-wide walkway must be provided.
The walkways must be separated from parking areas and internal driveways
using curbing, landscaping, or distinctive paving materials.
4.
Off-Street Parking
a.
When off-street parking is provided, parking spaces
must be located together with parking spaces for other cottages in
a common area, and not located on the same lot as an individual cottage
unit.
b.
A cottage cluster parking area must be set back
from the street. The distance of the setback is dependent on the orientation
of the structure or lot. If the axis of the longest dimension of the
parking area has an angle of 45 degrees or more to the lot line, the
narrow dimension may be within 5 ft of the street. If the angle is
less than 45 degrees, the parking area must be at least 20 ft from
the street.
c.
If there are more than 8 units in a cottage cluster and off-street parking is provided, there must be at least 2 separate parking areas with a minimum of 4 parking spaces in each area. A drive aisle connecting the 2 areas is permitted if a separate driveway access for each area is not permitted per Chapter 12.16 Access Management.
d.
Parking spaces may be located within a garage or a carport. Garages or carports in a cottage cluster may not contain more than 4 parking spaces, must be at least 10 ft from any cottage dwelling; and must match the materials, trim, and roof pitch of the cottages. The interior height of a garage or carport shall not exceed 8 ft high, unless a modification is requested for cases that would use space saving parking technology (e.g., interior car stacking) that might require additional interior height. This modification would be requested per Section 19.911 Variances.
e.
Parking spaces that are not in a garage or carport
must be screened from common open space, public streets, and adjacent
residential uses by landscaping and/or screen, such as a fence. Chain-link
fencing with slats is not allowed as a screen.
f.
Off-street parking may be arranged in clusters,
subject to the following standards:
(1)
Cottage cluster projects with fewer than 16 cottages
are permitted parking clusters of not more than 5 contiguous spaces.
(2)
Cottage cluster projects with 16 cottages or more
are permitted parking clusters of not more than 8 contiguous spaces.
(3)
Parking clusters must be separated from all other
areas by at least 4 ft of landscaping.
(4)
Clustered parking areas may be covered.
g.
Off-street parking spaces and vehicle maneuvering
areas must not be located:
(1)
Within 20 ft of any street property line, except
alley property lines;
(2)
Between a street property line and the front façade
of cottages located closest to the street property line. This standard
does not apply to alleys;
(3)
Off-street parking spaces must not be located within
10 ft of any other property line, except alley property lines. Driveways
and drive aisles are permitted within 10 ft of other property lines.
h.
Landscaping, fencing, or walls at least three ft
tall must separate clustered parking areas and parking structures
from common courtyards and public streets.
i.
Garages and carports (whether shared or individual)
must not abut common courtyards.
j.
Individual detached garages must not exceed 400
sq ft in floor area and are exempted from the calculation of maximum
building footprint for cottages.
k.
Garage doors for attached and detached individual
garages must not exceed 20 ft in width.
5.
Fences
All fences on the interior of the development shall be no more than 3 ft high. Fences along the perimeter of the development may be up to 6 ft high, except as restricted by Chapter 12.24 Clear Vision at Intersection. Chain-link fences are prohibited.
6.
Conversions
A preexisting single detached dwelling may remain on a lot or
parcel with a cottage cluster as described below:
a.
The preexisting single detached dwelling may be nonconforming
with respect to the requirements of the applicable code;
b.
The preexisting single detached dwelling may be expanded up
to the Maximum height, footprint, or unit size required by the applicable
code; however, a preexisting single detached dwelling that exceeds
the maximum height, footprint, or unit size of the applicable code
may not be expanded;
c.
The preexisting single detached dwelling may count as a unit
in the cottage cluster or as the community building;
d.
The floor area of the preexisting single detached dwelling does
not count towards any cottage cluster average or cottage cluster project
average or total unit or community building size limits.
A.
Purpose
Townhouses provide a type of housing that includes the benefits
of a single detached dwelling, such as fee simple ownership and private
yard area, while also being an affordable housing type for new homeowners
and households that do not require as much living space. Townhouses
are allowed at 4 times the maximum density allowed for single detached
dwelling in the same zone or 25 dwelling units per acre, whichever
is less, and the general design requirements are very similar to the
design requirements for single detached dwellings. Two important aspects
of these standards are to include a private-to-public transition space
between the dwelling and the street and to prevent garage and off-street
parking areas from being prominent features on the front of townhouses.
B.
Applicability
1.
The standards of Subsection 19.505.5 apply to single dwellings on their own lot, where the dwelling shares a common wall across a side lot line with at least one other dwelling, and where the lots meet the standards for a townhouse lot in both Section 19.302 and Subsection 19.505.5.E. Townhouse development may take place on existing lots that meet the lot standards for townhouse lots or on land that has been divided to create new townhouse lots.
3.
Dwelling units that share a common side wall and are not on separate
lots are subject to the standards for single detached dwellings, middle
housing, or multi-unit housing.
C.
Townhouse Design Standards
The design standards in this subsection apply to townhouses
when the closest wall of the street-facing façade is within
50 ft of a front or street side lot line. An architectural feature
may be used to comply with more than one standard.
An applicant may request a variance to the Detailed Design standards
in Subsection 19.505.5.C.4 through a Type II review, pursuant to Subsection
19.911.3.B. variances to any other design standards requires a variance
through a Type III review, per Subsection 19.911.3.C.
1.
Articulation
All buildings must incorporate design elements that break up
all street-facing façades into smaller planes as follows.
2.
Eyes on the Street
At least 15% of the area of each street-facing façade
must be windows or entrance doors.
a.
Windows used to meet this standard must be transparent and allow
views from the building to the street. Glass blocks and privacy windows
in bathrooms do not meet this standard.
b.
Half of the total window area in the door(s) of an attached
garage counts toward the eyes on the street standard. All of the window
area in the street-facing wall(s) of an attached garage count toward
meeting this standard.
c.
Window area is considered the entire area within the outer window
frame, including any interior window grid.
d.
Doors used to meet this standard must face the street or be
at an angle of no greater than 45 degrees from the street.
e.
Door area is considered the portion of the door that moves.
Door frames do not count toward this standard.
3.
Main Entrance
At least one main entrance must meet both of the following standards.
4.
Detailed Design
All buildings shall include at least 5 of the following features
on any street-facing façade.
a.
Covered porch at least 5 ft deep, as measured horizontally from
the face of the main building façade to the edge of the deck,
and at least 5 ft wide.
b.
Recessed entry area at least 2 ft deep, as measured horizontally
from the face of the main building façade, and at least 5 ft
wide.
c.
Offset on the building face of at least 16 in from one exterior
wall surface to the other.
d.
Dormer that is at least 4 ft wide and integrated into the roof
form.
e.
Roof eaves with a minimum projection of 12 in from the intersection
of the roof and the exterior walls.
f.
Roof line offsets of at least 2 ft from the top surface of one
roof to the top surface of the other.
g.
Tile or wood shingle roofs.
h.
Horizontal lap siding between 3 to 7 in wide (the visible portion
once installed). The siding material may be wood, fiber-cement, or
vinyl.
i.
Brick, cedar shingles, stucco, or other similar decorative materials
covering at least 40% of the street-facing façade.
j.
Gable roof, hip roof, or gambrel roof design.
k.
Window trim around all windows at least 3 in wide and 5/8 in
deep.
l.
Window recesses, in all windows, of at least 3 in as measured
horizontally from the face of the building façade.
m.
Balcony that is at least 3 ft deep, 5 ft wide, and accessible
from an interior room.
n.
One roof pitch of at least 500 sq ft in area that is sloped
to face the southern sky and has its eave line oriented within 30
degrees of the true north/south axis.
o.
Bay window at least 2 ft deep and 5 ft wide.
p.
Attached garage width, as measured between the inside of the
garage door frame, of 35% or less of the length of the street-facing
façade.
q.
The following design element counts as two elements. Dwelling
must be built to meet universal access as follows:
(1)
Dwelling must have a bedroom on the ground floor.
(2)
A ramp complying with R311.8 Oregon Residential Specialty Code
(ORSC) must be provided to the main entrance of the dwelling.
(3)
Doors must have a minimum clear width of 32 in.
(4)
Horizontal and vertical grab bars must be provided in one bathroom
on the main floor at the toilet, bath and shower. (See ANSI A117-1
section 609 for size and location requirements.)
5.
Townhouses must include an area of transition between the public
realm of the right-of-Way and the entry to the private dwelling. The
entry may be either vertical or horizontal, as described below.
a.
A vertical transition shall be an uncovered flight of stairs
that leads to the front door or front porch of the dwelling. The stairs
must rise at least 3 ft, and not more than 8 ft, from grade. The flight
of stairs may encroach into the required front yard, and the bottom
step must be at least 4 ft from the front lot line.
b.
A horizontal transition shall be a covered porch with a depth
of at least 6 ft. The porch may encroach into the required front yard,
but it must be at least 4 ft from the front lot line.
D.
Number of Townhouses Allowed
In the High Density Zone, no more than 4 consecutive townhouses
that share a common wall(s) are allowed. A set of 4 townhouses with
common walls is allowed to be adjacent to a separate set of 4 townhouses
with common walls.
In the R-MD zone, the maximum number of consecutive attached
townhouses is 4.
E.
Townhouse Lot Standards
1.
Townhouse development is allowed only where there are at least 2
abutting lots on the same street frontage whose street frontage, lot
width, lot depth, and lot area meet or exceed the base zone requirements
listed in Tables 19.301.4 and 19.302.4.
2.
Townhouse development must meet the minimum lot size of 1,500 sq
ft.
F.
Driveway Access and Parking
1.
Garages on the front façade of a townhouse, off-street parking
areas in the front yard, and driveway accesses in front of a townhouse
are prohibited unless the following standards are met. See Figure
19.505.5.F.1.
a.
Development of 2 or 3 townhouses has at least one shared access
between the lots, and development of 4 townhouses has 2 shared accesses.
b.
Outdoor on-site parking and maneuvering areas do not exceed
10 ft wide on any lot.
c.
The garage width does not exceed 12 ft, as measured from the
inside of the garage door frame.
d.
Shared accesses are spaced a minimum of 24 ft apart.
|
Figure 19.505.5.F.1 Townhouse Development with Front Yard
Parking
 |
2.
The following rules apply to driveways and parking areas for townhouse
developments that do not meet all of the standards in Subsection 19.505.5.F.1.
a.
Off-street parking areas must be accessed on the back façade
or located in the rear yard.
b.
Townhouse development that includes a corner lot shall take access from a single driveway on the side of the corner lot. The City Engineer may alter this requirement based on street classifications, access spacing, or other provisions of Chapter 12.16 Access Management. See Figure 19.505.5.F.2.b.
|
Figure 19.505.5.F.2.b Townhouse Development with Corner
Lot Access
 |
c.
Townhouse development that does not include a corner lot shall
consolidate access for all lots into a single driveway. The access
and driveway are not allowed in the area directly between the front
façade and front lot line of any of the townhouses. See Figure
19.505.5.F.2.c.
|
Figure 19.505.5.F.2.c Townhouse Development with Consolidated
Access
 |
d.
A townhouse development that includes consolidated access or
shared driveways shall grant appropriate access easements to allow
normal vehicular access and emergency access.
G.
Accessory Structure Setbacks
On townhouse lots with a lot width of 25 ft or less, there is
no required side yard between an accessory structure and a side lot
line abutting a townhouse lot. All other accessory structure regulations
in Subsection 19.502.2.A apply.
A.
Purpose
This section establishes regulations and standards for creating
and operating live/work units as a primary use. The purposes of these
provisions are as follows:
1.
Allow for the creation of cost-efficient alternative work space that
will provide an incentive for entrepreneurs, business owners, artists,
artisans, and other individuals to work in Milwaukie and contribute
to the city's economy.
2.
Foster and encourage the development of small businesses.
3.
Enliven the vitality of commercial corridors by encouraging on-site
residential uses.
4.
Ensure that the use and design of live/work units is compatible with
the use and design of surrounding structures and development.
B.
Applicability
These standards apply to live/work units, as defined in Section 19.201, wherever this use is allowed by the base zones in Chapter 19.300 or the overlay zones in Chapter 19.400.
1.
Live/work units may be established through the conversion of existing
buildings or through new construction.
2.
The construction or creation of live/work units in the Downtown Mixed Use Zone is subject to the design standards and applicability of Subsection 19.508.
3.
Development standards for live/work units are those of the base zone
and Subsection 19.505.6.D.
C.
Use Standards
1.
Any nonresidential use allowed in the base zone within which a live/work
unit is legally located may be conducted on the premises of that live/work
unit.
2.
At least one of the employees of the commercial portion of the live/work
unit must reside in the unit.
3.
If the live/work unit is multistory, the ground floor can be used
for either commercial or residential purposes. When the ground floor
is being used as part of the dwelling, the provisions of Subsection
19.508.4.E.5.e are not applicable.
D.
Development Standards
In addition to the standards of the base zone, live/work units
shall comply with all of the following standards.
1.
The nonresidential portion of the unit shall occupy at least 25%
of the gross floor area.
2.
If the live/work unit is multistory, the nonresidential portion of
the building shall be located on the ground floor and the residential
unit shall be located on the upper floors or to the rear of the nonresidential
portion. Live/work units may be single-floor units, in which case
a separation between the residential and nonresidential uses is not
required.
3.
Employees shall be limited to occupants of the residential portion
of the building plus up to 5 persons not residing in the residential
portion.
A.
Purpose
The design standards contained in this section are intended
to encourage building design and construction with durable, high-quality
materials. The design standards support development of an attractive,
cohesive, and pedestrian-friendly commercial area. The design standards
do not prescribe a particular building or architectural style.
B.
Applicability
1.
The design standards in this section generally apply to the street-facing
façades of new commercial, institutional, manufacturing, and
mixed-use buildings within the commercial mixed-use zones and the
High Density Residential Zone. The standards do not apply to change
in use or additions or expansions of existing residential structures.
2.
The standards in this section do not apply to rowhouses or live/work units. Rowhouses and live/work units are subject to the design standards in Subsections 19.505.5 Row-houses and 19.505.6 Live/Work Units.
C.
Building Design Standards
All buildings that meet the applicability provisions in Subsection
19.505.7.B shall meet the following design standards.
An applicant may request a variance to the building design standards
in Subsection
19.505.7.C through a Type II review, pursuant to Subsection
19.911.3.B.7.
1.
Corners
The intent of this standard is to reinforce intersections as
an important place for people to gather.
Buildings located at a key corner in the GMU Zone, as shown
on Figure 19.505.7.C.1, shall incorporate one of the following features:
2.
Weather Protection
The intent of this standard is, through the use of awnings and
canopies along the ground floor of buildings, to protect pedestrians
from rain and provide shade, to encourage window shopping and lingering,
and to create visual interest on the ground floor of a building.
Buildings shall provide weather protection for pedestrians as
follows:
a.
Minimum weather protection coverage
All ground-floor building entries (excluding loading docks,
bays, etc.) shall be protected from the weather by canopies or recessed
at least 3 ft behind the front building façade.
b.
Weather protection design
Weather protection shall comply with applicable building codes.
Where applicable, weather protection shall be designed to accommodate
pedestrian signage (e.g., blade signs) while maintaining required
vertical clearance.
3.
Exterior Building Materials
The intent of this standard is to provide a sense of permanence,
through the use of certain permitted building materials; to provide
articulation and visual interest to larger Buildings; and to allow
for a variety of materials and designs.
The following standards are applicable to the exterior walls
of new buildings facing streets, courtyards, and/or public squares.
Table 19.505.7.C.3 specifies the primary, secondary, and prohibited
material types referenced in this standard.
a.
Buildings shall utilize primary materials for at least 60% of
the applicable building façades.
b.
Secondary materials are permitted on no greater than 40% of
each applicable building façade.
c.
Accent materials are permitted on no greater than 10% of each
applicable building façade as trims or accents (e.g. flashing,
projecting features, ornamentation, etc.).
d.
Buildings shall not utilize materials listed as (N) prohibited
material.
e.
For existing development, façade modifications that affect
more than 50% of the façade shall comply with standards in
this subsection. The Planning Director may waive this requirement
if application of the standards would create an incongruous appearance
of existing and new materials.
|
Table 19.505.7.C.3
Commercial Exterior Building Materials
| |
|---|---|
|
Material Type
|
Nonresidential and Mixed-Use
|
|
Brick
|
P
|
|
Stone/masonry
|
P
|
|
Stucco
|
P
|
|
Glass (transparent, spandrel)
|
P
|
|
Concrete (poured in place or precast)
|
P
|
|
Finished wood, wood veneers, and wood siding
|
S
|
|
Finished metal panels—such as anodized aluminum, stainless
steel, or copper—featuring polished, brushed, or patina finish
|
S
|
|
Concrete blocks with integral color (ground, polished, or glazed
finish)
|
S
|
|
Fiber-reinforced cement siding and panels
|
S
|
|
Ceramic tile
|
S
|
|
Concrete blocks with integral color (split-face finish)
|
A
|
|
Standing seam and corrugated metal
|
A
|
|
Glass block
|
A
|
|
Vegetated wall panels or trellises
|
A
|
|
Vinyl siding
|
N
|
|
Exterior insulation finishing system (EIFS)
|
N
|
|
Plywood paneling
|
N
|
|
P =
|
Primary material
|
|
S =
|
Secondary material
|
|
A =
|
Accent material
|
|
N =
|
Prohibited material
|
4.
Windows and Doors
The standards of this section are intended to enhance street
safety and provide a comfortable pedestrian environment by providing
ground-level transparency between the interior of buildings and the
sidewalk.
a.
For nonresidential and mixed-use buildings, 30% of the ground-floor
street wall area must consist of openings; i.e., windows or glazed
doors. The ground-floor street wall area is defined as the area up
to the finished ceiling height of the space fronting the street or
15 ft above finished grade, whichever is less.
b.
For all buildings, the following applies:
(1)
Nonresidential ground-floor windows must have a visible transmittance
(VT) of 0.6 or higher.
(2)
Doors and/or primary entrances must be located on the street-facing
block faces and must be unlocked when the business located on the
premises is open. Doors/entrances to second-floor residential units
may be locked.
(3)
Clear glazing is required for ground-floor windows. Nontransparent,
reflective, or opaque glazings are not permitted.
(4)
The bottom edges of windows along pedestrian ways shall be constructed
no more than 36 in above grade.
(5)
Ground-floor windows for nonresidential uses shall allow views
into storefronts, working areas, or lobbies. Signs are limited to
a maximum coverage of 50% of the required window area.
c.
Windows shall be designed to provide shadowing. This can be
accomplished by recessing windows 4 in into the façade and/or
incorporating trim of a contrasting material or color.
5.
Roofs
b.
All sloped roofs exposed to view from adjacent public or private
streets and properties shall have a minimum 4/12 pitch.
c.
Sloped roofs shall have eaves, exclusive of rain gutters, that
project from the building wall at least 12 in.
d.
All flat roofs, or those with a pitch of less than 4/12, shall
be architecturally treated or articulated with a parapet wall that
projects vertically above the roofline at least 12 in and/or a cornice
that projects from the building face at least 6 in.
e.
When an addition to an existing structure, or a new structure,
is proposed in an existing development, the roof forms for the new
structure(s) shall have similar slope and be constructed of the same
materials as the existing roofing.
6.
Rooftop Equipment and Screening
The intent of this standard is to integrate mechanical equipment
into the overall building design.
b.
Elevator mechanical equipment may extend above the height limit
a maximum of 16 ft provided that the mechanical shaft is incorporated
into the architecture of the building.
c.
Satellite dishes, communications equipment, and all other roof-mounted
mechanical equipment shall be limited to 10 ft in height, shall be
set back a minimum of 5 ft from the roof edge, and shall be screened
from public view and from views from adjacent buildings by one of
the following methods:
d.
Required screening shall not be included in the building's maximum
height calculation.
7.
Ground-Level Screening
Mechanical and communication equipment, outdoor storage, and
outdoor garbage and recycling areas shall be screened so they are
not visible from streets, other ground-level private open space, or
common open spaces.
8.
Rooftop Structures
Rooftop structures related to shared outdoor space—such
as arbors, trellises, or porticos related to roof decks or gardens—shall
not be included in the building's maximum height calculation, as long
as they do not exceed 10 ft in height.
The following requirement applies to all new commercial, office,
mixed-use, and institutional development within 500 ft of an existing
or planned transit route measured along the public sidewalk that provides
direct access to the transit route:
New buildings shall have their primary orientation toward a
transit street or, if not adjacent to a transit street, a public right-of-way
which leads to a transit street. The primary building entrance shall
be visible from the street and shall be directly accessible from a
sidewalk connected to the public right-of-way. A building may have
more than one entrance. If the development has frontage on more than
one transit street, the primary building entrance may be oriented
to either street or to the corner.
(Ord. 2025 § 2, 2011; Ord. 2051 § 2, 2012; Ord. 2218 § 2 (Exh. B), 2022)
This section is intended to meet State legislative requirements
for the placement and design of manufactured homes on individual lots.
Manufactured homes placed on individual lots are subject to
the provisions of this Section.
For the purposes of this section, the following definition shall
apply:
means a single-family residential structure as defined in
ORS 446.003(25)(a)(C) which includes a Department of Housing and Urban
Development (HUD) label certifying that the structure is constructed
in accordance with the Manufactured Housing Construction and Safety
Standards of 1974 (42 USC Sections 5401 et seq.) as amended on August
22, 1981.
Manufactured homes are allowed by right in any zone that allows single detached Dwellings by right. Manufactured homes placed on individual lots shall meet the design standards in Subsection 19.505.1 and the following standards:
A.
The unit must be placed on an excavated and backfilled foundation
with the bottom no more than 12 in above grade and enclosed at the
perimeter by skirting of pressure treated wood, masonry, or concrete
wall construction and complying with the minimum setup standards of
the adopted State Administrative Rules for Manufactured Dwellings,
Chapter 918.
B.
Bare metal is not allowed as a roofing material and is not allowed
on more than 25% of any façade of the unit.
C.
The unit shall comply with the definition for manufactured home as
identified in this section.
A.
For unit placement on an individual lot within all residential zones,
the siting standards shall be administered as part of the building
permit process for the unit placement.
Manufactured homes placed on individual lots shall comply with all siting standards of Subsection 19.506.4 before being approved for occupancy.
It is the intent of these regulations to support and encourage
home occupations but at the same time protect the residential character
of the City's residential neighborhoods. A home occupation shall be
allowed as an accessory use to all residential uses permitted by right,
subject to the following restrictions. Home occupation businesses
that are not clearly accessory and incidental to the residential use
are prohibited. All activities permitted under this section must be
consistent with this section.
(Ord. 2025 § 2, 2011; Ord. 2120 § 2, 2016; Ord. 2134 § 2, 2016; Ord. 2229 § 2, 2023; Ord. 2234 § 2, 2023)
Home occupation uses are allowed by right; however, they are
subject to limitations to ensure compatibility with residential uses.
A home occupation shall:
A.
Be incidental and accessory to the residential use of the property.
B.
Maintain the residential character of the building and premises.
C.
Not have the outward appearance of a business.
D.
Not detract from the residential character of the neighborhood.
E.
Be owned and operated by an occupant of the dwelling.
A.
Outside display or storage of merchandise, materials, or equipment
on the premises or any adjacent right-of-way is prohibited.
B.
Noise, odor, smoke, gases, vibration, heat, or glare that is detectable
beyond the limits of the property is prohibited.
C.
In the case of on-premises instruction, no more than 5 enrollees
shall be present at the same time.
D.
Motor vehicle, boat, or trailer repair is prohibited as a home occupation.
E.
Only one home occupation is allowed per residence, except that 2
may be permitted provided no employees not residing in the home are
engaged in the conduct of any business activity on the premises.
F.
Except as set forth in Section 19.509, all marijuana-related businesses (production, processing, testing, warehousing, and sales) are prohibited as home occupations. State-licensed production for medical marijuana patients is permitted provided the operation is entirely indoors and meets the security and odor control standards of Subsection 19.509.2.
G.
All psilocybin-related businesses as defined in ORS 475A are prohibited
as home occupations.
Only one sign is permitted on any property with an approved
home occupation. The sign shall not exceed 4 sq ft in area, shall
not be illuminated, shall not exceed 3 ft in height, and shall not
be located within the public right-of-way. Signs located within the
public right-of-way may be removed by the City without prior notice.
Home occupations are allowed when consistent with provisions of this section. The following may be considered in any enforcement action against a home occupation for failure to comply with Subsection 19.507.1 of this section:
A.
Number of on-site employees who are not members of the family residing
on the premises.
B.
Use of the home to distribute or receive goods.
C.
Use of the premises for parking of customer, client, or employee
vehicles, and the location and number of parking spaces.
D.
The use of public streets for parking or storage.
E.
The time of day that home occupation activities may take place.
F.
Equipment or material storage, including vehicles and trailers.
G.
Noise, light, fumes, exhaust, and similar impacts.
Short-Term Rentals. A short-term rental is an accessory use
to a primary residence and allowed as a home occupation provided the
following provisions are met:
A.
The residence must be occupied by the owner or a primary operator
for not less than 270 days per year.
B.
Unhosted rentals (where the primary occupants vacate the unit or
site during the rental period) are limited to no more than 95 days
per year.
C.
If a dwelling on a property with an accessory dwelling unit is being
used for short-term rental purposes, either the primary residence
or the accessory dwelling unit must be occupied by the property owner
for not less than 270 days per year.
D.
A property in a low-density residential zone or any property with
a duplex is limited to having 1 short-term rental operating at any
given time period.
E.
At any given time, no more than 2 rental parties (i.e., under 2 separate
reservations) shall occupy a dwelling unit used for short-term rental
purposes.
F.
Building code and fire code standards must be met.
G.
The operator of a short term rental shall register with the City
and comply with all relevant requirements of Title 5 of the Milwaukie
Municipal Code. The registration process will be used to verify that
all code provisions have been satisfied. The right to operate the
short-term rental business may be revoked if the owner or operator
fails to comply with these provisions or any other home occupation
standards.
(Ord. 2106 § 2 (Exh. F),
2015; Ord. 2110 § 2 (Exh.
G), 2015; Ord. 2168 § 2,
2019; Ord. 2226 § 2, 2023)
The design standards and guidelines contained in this section
are intended to encourage high-quality building design and construction
that complements district development patterns, fosters human-scale
design, and adds vitality. The design standards and guidelines will
support the development of a cohesive, attractive, and safe downtown
area and encourage private investment. The design standards and guidelines
do not prescribe a particular building or architectural style. These
standards and guidelines apply to all downtown design reviews.
The design standards and guidelines in this section generally apply to the street-facing façades, as defined in Section 19.201, of nonresidential, mixed-use, and residential-only multifamily buildings within the downtown zones. Any exceptions are detailed within each specific design element. Development is subject to the standards of this section as described below.
A.
New Development
1.
All new development is subject to the design elements of this section.
2.
Townhouse and live/work units, where permitted, are subject to the
following design elements and additional standards:
B.
Expansions, Additions, and/or Changes to Existing Buildings or Structures
The following elements are applicable to expansions of, and/or additions to, existing buildings or structures. Elements that are applicable to expansions or additions do not apply to existing buildings unless stated below. Expansions or additions that bring the building or structure out of conformance, or further out of conformance if already nonconforming, with the applicable design standard or standards are subject to Chapter 19.800 Nonconforming Uses and Development or Section 19.907 Downtown Design Review.
1.
Expansions or additions that add 250 sq ft or less—and are not visible from the pedestrian level of adjacent streets, sidewalks, courtyards, and/or public parks or pedestrian walkways—are exempt from the design elements of Section 19.508.
2.
Expansions or additions to the street-facing façade are subject
to the following elements.
a.
Subsection 19.508.4.A Site Frontage.
b.
Subsection 19.508.4.B Wall Structure and Building Façade
Detail, for the area of expansion or addition only.
c.
Subsection 19.508.4.C Exterior Building Materials, For Existing
Buildings, only for the area of the expansion.
d.
Subsection 19.508.4.D Façade Transparency and Activation,
only for the area of expansion or addition.
e.
Subsection 19.508.4.E Building Entrances, if the addition or
expansion includes a building entry.
f.
Subsection 19.508.4.F Windows, only for the area of expansion
or addition.
g.
Subsection 19.508.4.G Corners, if applicable.
h.
Subsection 19.508.4.I Weather Protection, if the addition or
expansion includes a building entry.
i.
Subsection 19.508.4.J Roofs and Rooftop Equipment Screening,
for expansions that include an additional floor, a new roof, and/or
new rooftop equipment.
j.
Subsection 19.508.4.L Resident Open Space.
k.
Subsection 19.508.4.M Plazas and Usable Open Space.
l.
Subsection 19.508.4.N Outdoor and Exterior Building Lighting,
if the addition or expansion includes lighting.
C.
Replacement of Materials
The following elements are applicable for work that would replace
any of the façade materials on a building or change elements
of the façade such as windows, doors, awnings, canopies, and
other structural elements. The element applies only to the portion
of the façade on which the new materials are installed or the
structural element being replaced.
1.
Subsection 19.508.4.B.2.a(1) for replacement of more than 25% of
the building façade materials.
2.
Subsection 19.508.4.B.2.a(2) for replacement of more than 25% of
the building façade materials.
3.
Subsection 19.508.4.B.2.b, for replacement of more than 25% of the
building façade materials.
4.
Subsection 19.508.4.C.2.b for existing development.
D.
Other Activities
Any activity not described in Subsections 19.508.2.A-C is exempt
from the design elements of this section.
Design standards and guidelines for development in downtown Milwaukie are applied through downtown design review as established in Section 19.907. Projects subject to downtown design review are described in the applicability language in Subsection 19.907.2.
For those projects that are subject to downtown design review,
the applicant must demonstrate how the applicable standards or guidelines
are being met.
B.
Applicants that do not meet all of the applicable design standards may demonstrate compliance with individual design elements by meeting either the design standards or the design guidelines for a specific element. Such projects must be reviewed through a discretionary Type II or III downtown design review as established in Section 19.907.
All development that meets the applicability provisions in Subsection 19.508.2 must meet the following design standards or guidelines for each design element. A design feature may be used to comply with more than one standard or guideline.
A.
Site Frontage
1.
Purpose
To encourage building design and site placement that enlivens
the public realm and streetscape through significant building presence
along site frontages and active groundfloor uses.
2.
Design Standards
a.
Frontage Occupancy
(1)
Minimum frontage occupancy requirements are established for
block faces identified in Figure 19.508.4.A.2.a.(1) and detailed in
Table 19.508.4.A.2.a.(1). Frontage occupancy requirements are used
in combination with the required build-to line of Subsection 19.508.4.A.2.b.
|
Figure 19.508.4.A.2.a.(1) Minimum Frontage Occupancy
 |
|
Table 19.508.4.A.2.a.(1)
Minimum Frontage Occupancy Requirements
| ||
|---|---|---|
|
Block Faces1
|
Minimum Frontage Occupancy Requirement
|
Notes
|
|
Main Street
|
90%
|
If the development site has frontage on Main Street and another
street, the frontage occupancy requirement must be met on Main Street
only.
|
|
Secondary Streets (Harrison Street, Monroe Street, Washington
Street, Adams Street, and 21st Avenue)
|
75%
|
If the development site has frontage on one of the streets listed
here and another street where neither frontage is on Main Street,
the frontage occupancy requirement must be met on the streets listed
here only.
|
|
Tertiary Streets (All others)
|
50%
|
|
|
1.
|
As illustrated in Figure 19.508.4.A.2.a, which controls in the
instance of a conflict with the street names as listed here.
|
(2)
Frontage occupancy is calculated as the building frontage divided
by the site frontage, as illustrated in Figure 19.508.4.A.2.a.(2).
The building frontage includes both portions of the building at the
build-to line and portions of the building set back from the front
lot line consistent with maximum setbacks, as specified in Subsection
19.508.4.A.2.b.
|
Figure 19.508.4.A.2.a.(2) Frontage Occupancy Requirements
 |
b.
Build-To Lines / Street Setbacks
(1)
A build-to line as illustrated in Figure 19.508.4.A.2.b.(1)
must be met for those block faces identified in Figure 19.508.4.A.2.b
as follows:
|
Figure 19.508.4.A.2.b First-Floor Build-to Requirements
 |
(a)
Of the minimum frontage occupancy required for
the site per Subsection 19.508.4.A.2.a, a minimum of 75% of the building's
first floor must be built to the front lot line with a zero-foot setback,
or up to a 2-ft setback for recesses in the building façade
incorporated to comply with façade articulation requirements.
(b)
The portions of the building used to meet the build-to-line
requirement must have an interior depth of at least 20 ft.
(c)
The remaining 25% of the first floor used to meet
the build-to-line requirement may be set back from the front lot line
a maximum of 20 ft. At least 50% of any front setback area must be
developed as usable open space, such as a plaza or pedestrian amenities,
that meets the requirements of Subsection 19.508.4.M.2.
|
Figure 19.508.4.A.2.b.(1) First-Floor Build-To Lines
 |
(2)
For other block faces, there is no build-to-line requirement
and the maximum setback is 10 ft. At least 50% of any front setback
area must be developed as usable open space, such as a plaza or pedestrian
amenities, that meets the requirements of Subsection 19.508.4.M.2.
(See Figure 19.508.4.A.2.b.(2).)
|
Figure 19.508.4.A.2.b.(2) Maximum Setbacks
 |
c.
Active Ground-Floor Space
For new buildings fronting Main Street, excluding ground-floor
residential, the following standards must be met as illustrated in
Figure 19.508.4.A.2.c:
(1)
At least 75% of the ground-floor height must be at least 15
ft, as measured from the finished floor to the ceiling, or from the
finished floor to the bottom of the structure above (as in a multistory
building). The bottom of the structure above is the lowest portion
of the structure and includes supporting beams.
(2)
At least 75% of the interior floor area adjacent to Main Street
must be at least 20 ft deep, as measured from the inside building
wall or windows facing Main Street.
|
Figure 19.508.4.A.2.c Active Ground-Floor Space Standards
 |
3.
Design Guidelines
a.
A strong and high-percentage presence of buildings on the site
edge, and spacious active ground-floor spaces and uses should be provided
to create a continuous building frontage on the street to create compatibility
and harmony between buildings and to encourage pedestrian activities.
Building placement along the street should contribute to a continuous
street wall that integrates storefront opportunities and architectural
interest along the street, and should bring buildings up to the sidewalk
for pedestrian interest. The amount of building presence should be
scaled to the uses and intensity of the street.
b.
Where buildings are set back from the property line and sidewalk,
the setback distance should be minimized and plazas and open space
should be located between the building and sidewalk edge, helping
to enliven the street edge and pedestrian realm. The plaza and open
space area should incorporate pedestrian-scale features consistent
with guidelines in SubSection 19.508.4.M.
c.
Ground floors of commercial, public, and mixed-use buildings
should be flexible and offer ample space for active uses serving occupants
and visitors, such as retail, service, or food service. The amount
of active groundfloor space should be scaled to match the uses and
intensity of the street, with the greatest amount in new buildings
along Main Street. High groundfloor heights and adequate depths should
provide flexible interior spaces for active uses.
B.
Wall Structure and Building Façade Detail
1.
Purpose
To add visual interest to buildings and enhance the street environment
with engaging and varied wall structures. Use design features and
details to break down the scale and mass of a building to create comfortable,
pedestrian-friendly environments and enclosure to public areas.
2.
Design Standards
a.
Vertical Articulation
Buildings of 2 stories and above must be divided vertically
to create a defined base, middle, and top by incorporating the following
elements as shown in Figure 19.508.4.B.2.a:
|
Figure 19.508.4.B.2.a Vertical Articulation Features
 |
(1)
Base. The base of the building extends between the sidewalk
and the top of the ground floor or the belt course/string course that
separates the ground floor from the middle of the building. A minimum
of the first 2 ft above finished grade of the ground-floor street-facing
façade must be constructed of brick, stone, or concrete, excluding
windows, entrances, and garage openings. The remainder of the base
must meet the exterior building materials standards in Subsection
19.508.4.C.
(2)
Middle. The middle of the building between the top of the ground
floor and top of the highest floor must incorporate at least one of
the following elements:
(a)
A change in exterior building materials and/or
material color between the ground floor and upper floors.
(b)
Street-facing balconies or decks at least 2 ft
deep and 4 ft wide for at least 25% of the length of the building
façade.
(c)
Horizontal architectural elements such as masonry
string courses, ledges, and water tables at least 8 in tall that project
or recess at least one in from the building face and extend across
a minimum of 75% of the façade length.
(3)
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 building top must be distinguished from the building façades
by one of the following (see Figure 19.508.4.B.2.a.(3)):
|
Figure 19.508.4.B.2.a.(3) Façade Top Details
 |
b.
Horizontal Articulation
(1)
The street-facing façade must create a sense of rhythm
and variation by incorporating the following as illustrated in Figure
19.508.4.B.2.b:
(a)
The ground floor façade must include columns,
piers, pilasters or revealed structural elements projecting a minimum
of 4 in from the building face no less than every 30 ft.
(b)
The upper story façade must include one
of the following no less than every 30 ft:
i.
A change in wall plane of not less than 2 ft deep
and 2 ft wide. Breaks may include but are not limited to an offset,
recess, window reveal, pilaster, pediment, coursing, column or similar
architectural feature.
ii.
Architectural bays at least 6 ft wide projecting
4 inches or more from the building face, with windows covering at
least 50% of the projected wall area.
(c)
As an alternative to complying with (a) and (b)
separately, features meeting the requirements of either (a) or (b)
may be extended vertically across all stories.
(2)
Horizontal datum lines—such as belt lines, cornices, or
upper-floor windows—must line up with adjacent façades
if applicable.
|
Figure 19.508.4.B.2.b Horizontal Articulation Details
 |
3.
Design Guidelines
a.
Street-facing façades should engage the street, achieving
a distinct and high-quality treatment that contributes to the downtown
as the center of the community.
b.
Building façades should create a sense of coherence through
holistic and human-scale design. They should be designed with vertical
divisions such as a tripartite façade of base, middle, and
top, and horizontal design elements that reference traditional storefront
widths and create a sense of rhythm, or an alternative design of vertical
and horizontal elements that bring a human scale to the space of the
street. Such vertical and horizontal architectural elements should
create a coherent pattern and visual interest at a pedestrian scale,
particularly for larger buildings.
c.
Buildings should avoid blank wall faces on street-facing façades,
particularly on ground floors and building corners at street intersections.
d.
Building façades should integrate façade articulation
techniques to add visual interest to the built environment and clearly
demarcate areas of visual interest, highlighting entries or displays.
e.
Massing should be purposeful and cohesive, boldly showing depth
and/or visual lightness to enrich the pedestrian zone, integrating
façade articulation techniques to reduce the perceived scale
of larger buildings.
C.
Exterior Building Materials
1.
Purpose
To encourage the use of high-quality building materials that
highlight architectural elements, create a sense of permanence, are
compatible with downtown Milwaukie and the surrounding built and natural
environment, and activate the building around the Pedestrian realm.
2.
Design Standards
Table 19.508.4.C.2 specifies the primary, secondary, accent,
and prohibited material types referenced in this standard.
|
Table 19.508.4.C.2
Exterior Building Materials for Street-Facing Façades
| ||
|---|---|---|
|
|
Allowed Status of Material
P = Primary
S = Secondary
A = Accent
R = Review needed
X = Prohibited
| |
|
Material Type
|
Ground Floor
(First story down to sidewalk grade)
|
Upper Floors
|
|
Brick or brick veneer
|
P
|
P
|
|
Architectural concrete block or veneer
|
P
|
S
|
|
Architectural treated poured in place concrete
|
P
|
S
|
|
Tilt-up concrete walls (finished)
|
P
|
P
|
|
Pre-cast concrete
|
P
|
P
|
|
Stone veneer (natural or manufactured)
|
A-R
|
A-R
|
|
Stucco (topcoat with sand finish)
|
P
|
P
|
|
Exterior insulation finishing system (EIFS) or other synthetic
stucco panels
|
P-R
|
P-R
|
|
Metal siding = Finished metal panels (e.g., anodized aluminum,
stainless steel, copper) featuring a polished, brushed, or patina
finish
|
P
|
P
|
|
Composite wall panels
|
P
|
P
|
|
Ceramic tile
|
A
|
S
|
|
Finished natural wood siding and composite wood siding
|
A
|
A
|
|
Fiber-reinforced cement siding and panels (5/16-in or thicker)
|
A
|
P
|
|
Through color reinforced cement siding and panels
|
A
|
S
|
|
Glazing (refer to Façade Transparency element)
|
P
|
P
|
|
Vinyl siding
|
X
|
X
|
|
Plywood paneling
|
X
|
X
|
|
Plastic or vinyl fencing
|
X
|
X
|
|
Chain-link fencing
|
X
|
X
|
a.
New Buildings
The following standards are applicable to the street-facing
façades of all new buildings, as well as façades facing
plazas and/or open spaces.
(1)
Façade coverage
(a)
Table 19.508.4.C.2.a.(1) establishes façade
coverage requirements.
|
Table 19.508.4.C.2.a.(1)
Façade Coverage Materials Requirements
| |||
|---|---|---|---|
|
Façade Type
|
Primary Materials
(Minimum)
|
Secondary Materials
(Maximum)
|
Accent Materials
(Maximum)
|
|
Ground-floor façades
|
90%
|
n/a
|
10%
|
|
Upper-floor façades
|
65%
|
35%
|
10%
|
(b)
The use of the following materials requires a Director's Determination consistent with Section 19.903. The Planning Manager must consult with Design and Landmarks Commission in making the determination, and the applicant must provide materials specifications and proposed installation details to inform the determination.
(c)
Materials prohibited in Table 19.508.4.C may not
be used on any exterior wall, whether or not it is a street-facing
façade.
(2)
Ground-floor or street-level materials must wrap around to the
nonstreet-facing façade of the building to minimum depth of
10 ft or to the edge of the abutting building, whichever is less.
b.
Existing Buildings
(1)
Street-facing façade modifications that affect more than
50% of the existing façade area must comply with standards
of Subsection 19.508.4.C.2.a for the modified portion of the façade.
(2)
Building expansions or additions that add street-facing façade
area greater than 25% of the existing façade area, as measured
in square feet, or 500 sq ft of façade area, whichever is less,
must meet the standards of Subsection 19.508.4.C.2.a for the façade
of the building expansion or addition.
3.
Design Guidelines
a.
Exterior materials and finishes should be durable, long-lasting,
and lowmaintenance and create a sense of permanence and high quality.
b.
Exterior materials for street-facing façades should include
a palette that is visually interesting, coherent, compatible, related
to its place, and observant of environmental elements of our region.
c.
Ground-floor materials should consist primarily of a simple
palette of longlasting materials such as brick, stone, or concrete
to create a sense of groundedness.
d.
Upper-floor materials should be attractive and compatible with
the dominant materials and colors used on ground-floor façades
of the building. Upper-floor materials should not overwhelm ground
floor materials.
e.
Street-facing façade materials should be wrapped around
the edge to nonstreet facing façades to create a seamless appearance.
f.
For renovations to existing development, new and existing materials
should create a unified appearance.
D.
Façade Transparency and Activation
1.
Purpose
To activate building interiors and exteriors by ensuring transparency
through the building, allowing for daylighting of ground-floor commercial
and public uses of buildings, and promoting a safe and vibrant pedestrian
environment through visual and physical connections between interior
and exterior spaces. To limit blank walls and promote alternatives
to glazing where needed to activate façades and engage pedestrians
viewing building exteriors.
2.
Design Standards
a.
Transparency must be created through glazing, defined here as
windows and the glazed portions of doors.
b.
Nonresidential and Mixed-Use Buildings
(1)
Ground Floor
(a)
Along Main Street, a minimum of 50% of the ground-floor
street-facing wall area must consist of glazing.
(b)
For all other block faces, a minimum of 40% of
the ground-floor street-facing wall area must consist of glazing.
(c)
The ground-floor street-facing wall area is defined
as the area from 3 ft above finished grade to 12 ft above finished
grade or to the bottom of the ceiling joists or, where there is no
ceiling, to the bottom of the roof rafters of the space fronting the
street, whichever is less.
(2)
Upper Floors
Along all block faces, the following standards are applicable
on street-facing upper-floor building façades:
(a)
The wall area of street-facing upper floors must
include a minimum of 30% glazing.
(b)
The required street-facing upper-floor glazing
does not apply to floors where sloped roofs and dormer windows are
used.
|
See Figure 19.508.4.D.2.b for an illustration of these standards.
|
|
Figure 19.508.4.D.2.b Glazing Standards for Nonresidential
and Mixed-Use Buildings
 |
(3)
Street-facing blank walls that contain no glazing are limited
to 450 sq ft or 30 linear ft, whichever is less. In instances where
a blank wall exceeds 450 sq ft or 30 linear ft, at least one of the
following techniques must be employed in addition to the horizontal
articulation requirements of Subsection 19.508.4.B.2.a.(2):
(4)
Blank walls on façades that are not street-facing must
also employ one or more of the techniques in Subsections 19.508.4.D.2.(3)(a)
and (b) if they meet any of the following criteria:
(a)
Ground-floor blank walls that exceed 450 sq ft
or 30 linear ft, whichever is less, without glazing, that are visible
from an adjacent public street. A side or rear façade is considered
visible if there is no intervening building, wall, fence, or landscaping
with a ground-floor wall area equal to at least 50% of the ground-floor
wall area of the subject building between the subject façade
and the adjacent public street. Ground-floor wall area is defined
as the area from finished grade to 12 ft above finished grade or to
the bottom of the ceiling joists or, where there is no ceiling, to
the bottom of the roof rafters, whichever is less.
(b)
Upper-floor blank walls that exceed 750 sq ft or
50 linear ft, whichever is less, without glazing, that face, or are
within 45 degrees of, a shared property line where the abutting lot
has no building taller than 25 ft between the subject façade
and an adjacent public street.
(c)
Blank walls on façades facing, or within
45 degrees of, on-site pedestrian walkways, that exceed 450 sq ft
or 30 linear ft, whichever is less, without glazing.
(d)
A blank wall spanning both the ground floor and
upper floors may provide a unified landscaping or mural treatment
meeting the requirements of Subsections 19.508.4.D.2.(3)(a) and (b).
c.
Residential-Only Buildings
(1)
Twenty-five percent of the total street-facing façade
for all floors must consist of glazing.
(2)
Street-facing blank walls that contain no glazing are limited
to 450 sq ft or 30 linear ft. In instances where a blank wall exceeds
450 sq ft or 30 linear ft, at least one of the following techniques
must be employed:
(a)
Articulate the wall with projections or recesses
consistent with Subsection 19.508.4.B.2.a.(2).
(b)
Provide a landscaped planting bed or raised planter
bed at least 3 ft wide in front of the wall, with plant materials
that obscure or screen at least 50% of the wall's surface within 3
years.
(c)
Provide artwork (mosaic, mural, sculpture, relief,
etc.) over at least 50% of the blank wall surface.
(3)
Façades that are not street-facing are subject to the
blank wall standards of Subsection 19.508.4.D.2.b.(4).
3.
Design Guidelines
a.
Design street-facing nonresidential and mixed-use ground floors
with a high percentage of glazing to create transparency and engagement
at the pedestrian eye level.
b.
Design nonresidential and mixed-use street-facing upper floors
with sufficient glazing coverage to create visual interest along the
façade and access to views, light, and air for building inhabitants.
c.
Design residential street-facing façade glazing coverage
to balance transparency and privacy for residents.
d.
Arrange glazing to provide balanced coverage of the façade
and limit blank walls on both street-facing and street-visible façades.
If blank walls are proposed, use alternatives to glazing such as artwork,
murals, vertical landscaping, and changes in materials or articulation
to create visual interest.
e.
Design window and doors to maximize transparency and flexibility
for ongoing use and adaptation that can be integrated into planned
and future building uses and operations, considering such future treatments
as shades, curtains, security fencing, and product shelving near windows
or doors.
E.
Building Entrances
1.
Purpose
To create pedestrian-friendly development by providing building
entrances that are oriented to the sidewalk or other public space
and connected with clearly marked pedestrian walkways.
2.
Design Standards
a.
All new buildings must have at least one primary entrance facing
an abutting street. For purposes of this standard, "facing" means
within 45 degrees of the street property line.
b.
For lots with frontage along more than one street, including
multiple lots under common ownership being developed as a single site,
the primary entrance must be located as follows:
(1)
For lots with one frontage along a transit street, the primary
entrance must be oriented to the transit street with the exception
of Subsection 19.508.4.E.2.c.
(2)
For lots with frontage along 2 transit streets, the primary
entrance must be oriented to the street with higher-frequency transit
service or the corner of the 2 streets.
(3)
For lots with frontage along Main Street, the primary entrance
must be oriented to Main Street or the corner of the 2 streets, even
if the other frontage is along a transit street.
(4)
For lots without frontage on Main Street or a transit street,
the primary entrance may be oriented to either street.
c.
Where a development contains multiple buildings or multiple
individual storefronts or residential units and there is insufficient
street frontage to meet the above entrance location standards for
all buildings, storefronts, or residential units on the subject site,
the primary entrances for each Building, storefront, or residential
unit may orient to a plaza, courtyard, or similar pedestrian space
designed as usable open space meeting the standards of Subsection
19.508.4.M. When oriented this way, the primary entrances must be
connected to the street by an on-site pedestrian walkway either directly
or through a plaza, courtyard, or similar pedestrian space as shown
in Figure 19.508.4.E.2.
|
Figure 19.508.4.E.2 Primary Entrance Locations
 |
d.
For nonresidential and mixed-use buildings:
f.
All entrances must be lighted consistent with Subsection 19.508.4.N.
3.
Design Guidelines
a.
Entryways should be sited to provide access where the highest
amount of pedestrian activity is planned and where the pedestrian
experience is designed to be exceptional. Primary building entries
should be located along the Main Street or transit street frontage,
where present, or at the corner of 2 such frontages for corner lots,
whenever possible. Primary entries should not be oriented towards
parking lots and service areas.
b.
Building entries should be designed as prominent architectural
features that are clearly defined and demarcated. Entryways should
integrate features such as scale, materials, glazing, projecting or
recessed forms, architectural details, and color in entryway areas,
along with accent features such as lighting and landscaping to set
an entry apart.
c.
Nonresidential doors should create a strong connection to the
street through the use of techniques such as storefront doors and
surrounding windows with a high percentage of glazing, double doors,
and large glazed sectional doors.
d.
Residential entryways should incorporate vertical and horizontal
layering by including a comfortable change of grade or entry features
such as porches, terraces, stoops, or covered landings to create a
connection to the street while maintaining a respectful separation
for resident privacy. Residential doors should be substantial enough
to suggest privacy yet still express a welcoming sense of friendly
contact for those who approach and enter.
F.
Windows
1.
Purpose
To integrate windows made of high-quality materials that are
compatible with the building design to create visually interesting
exterior façades and that function to create sufficient interior
light and enhance connections between interior and exterior spaces.
2.
Design Standards
a.
b.
Prohibited Window Elements
For all street-facing building windows, the following window
elements are prohibited:
c.
Window Placement and Proportion
(1)
For nonresidential ground-floor windows, the bottom edge of
windows along pedestrian walkways must be an average of no less than
one foot and an average of no more than 3 ft above the abutting finished
grade.
(2)
For all windows on street-facing façades, each window
must comply with at least one of the following to create a sense of
pattern and compatible design:
3.
Design Guidelines
a.
Window materials should be compatible with other primary wall
and surface materials while providing a degree of contrast. Materials
should be high quality and provide a high degree of transparency.
Windows should provide shadowing through use of trim and/or recesses.
b.
Nonresidential uses should provide windows at the street level,
inviting pedestrians in and providing views both in and out, maintaining
transparency and visibility regardless of the time of day.
c.
Ground-floor street-facing nonresidential windows should engage
with the street and connect indoor and outdoor spaces, such as through
the use of operable, opening windows (e.g., sliding, pivoting, or
articulating windows).
d.
Window groupings, proportions and orientation should create
a sense of rhythm and pattern to provide architectural interest to
the overall building composition.
G.
Corners
1.
Purpose
To create a strong architectural statement at street corners,
provide opportunities for pedestrian-scale activity, establish visual
landmarks, and enhance visual variety.
2.
Design Standards
a.
Nonresidential or Mixed-Use Buildings
On corner lots or development sites consisting of more than
one lot under common ownership at the corner of 2 public streets—or
at the corner of a street and a public area, park, or plaza—nonresidential
or mixed-use Buildings must incorporate at least 2 of the following
features:
(1)
The primary entrance located within 5 ft of the corner of the
building.
(2)
A lobby or retail space a minimum of 100 sq ft in floor area
with 90% transparency on facing windows and entrances within 5 ft
of the corner of the building.
(3)
A pedestrian canopy or marquee at least 10 ft long at the corner
of the building.
(4)
A chamfered corner at least 10 ft wide with an entry on the
chamfer, or a similarly dimensioned rounded or stepped corner.
(5)
Enhanced pedestrian amenities including at least 2 of the following
3 options adjacent to the public right-of-way: a minimum of 100 sq
ft of special paving materials, a minimum of 2 pieces of street furniture
such as a bench or garbage can, water fountain, and/or a minimum of
20 sq ft of landscaping or planters.
(6)
Only for corner lots with frontage along Main Street and either
Harrison, Monroe, Washington or Adams Streets, a prominent architectural
element including one of the following:
(a)
Height modulation element such as tower, turret
or cupola, defined as an architectural feature that projects a minimum
of 5 ft and maximum of 10 ft above the surrounding building, with
a minimum width of 8 ft, which has a separate roof structure and is
uniquely identifiable from the rest of the building. Such features
are exempt from maximum height standards in Subsection 19.304.4.B
provided they are not used for human occupancy.
(b)
Corner offset projecting at least 2 ft from the
main façade and extending at least 10 linear ft on both sides
of the corner, incorporating distinctive materials compared to the
main façade and extending a minimum height of one story.
(c)
Corner inset from the building face by at least
8 ft on at least the first story and extending at least 10 linear
ft on both sides of the corner, including a recessed entrance. A pedestrian
canopy or marquee at least 10 ft long at the corner of the building.
A chamfered corner at least 10 ft wide with an entry on the chamfer,
or a similarly dimensioned rounded or stepped corner. Enhanced pedestrian
amenities including at least 2 of the following 3 options adjacent
to the public right-of-way: a minimum of 100 sq ft of special paving
materials, a minimum of 2 pieces of street furniture such as a bench
or garbage can, water fountain, and/or a minimum of 20 sq ft of landscaping
or planters.
3.
Design Guidelines
a.
For all nonresidential and mixed-use buildings at the corner
of 2 public streets or at the corner of a street and a public area,
park, or plaza, highlight and make the corner prominent through the
use of features such as:
(1)
Change in building material
(2)
Window coverage pattern
(3)
Chamfered, rounded or stepped corner
(4)
Increased building height at the corner, potentially incorporating
features such as tower, turret or cupola
(5)
Façade articulation
(6)
Projecting or recessed building entrances
(7)
Canopies or marquees
(8)
Active retail and semi-public spaces such as building lobbies
b.
Design of the corner should have a scale and character compatible
with the scale of the corner and other buildings at the corner and
the level of activity at the corner.
c.
For all nonresidential and mixed-use buildings, create active
exterior spaces at site corners, particularly where building corners
are set back, in ways that emphasize pedestrian use and encourage
people to come together and gather through features such as street
furnishings, special paving materials and planting materials.
H.
Building Massing and Transitions
1.
Purpose
To promote building massing that creates compatible building
scale and relationships between adjacent downtown buildings including
massing variation that reflects the rhythm of traditional storefronts
and breaks up the perceived massing of larger buildings, while creating
an inviting pedestrian realm on the street by increasing access to
light and air. To provide scaled transitions to adjacent residential
uses to minimize impacts of building massing.
2.
Design Standards
a.
Building Massing
For any street-facing portion of the building above the base
maximum height as identified in Figure 19.304-4, buildings must include:
b.
Building Façade Height Variation
The height of building elements along street-facing façades
must be varied in order to break up the overall bulk and mass of buildings
as illustrated in Figure 19.508.4.H.2.b. At least one variation in
height along the street-facing façade(s) must be provided for
every 50-ft interval or portion thereof. Exact spacing of variations
may vary provided that the total number of variations required is
met and no portion of the façade exceeds 50 ft without a variation.
Building façade height variation must be accomplished by using
one or more of the following methods:
(1)
Vertical offset of height along the façade by minimum
of 4 ft.
(2)
Dormer or other projecting element along or within 2 ft of the
façade with minimum 4-ft height and 4-ft width.
(3)
Recessed balcony or step back from the façade on the
upper floor with a minimum 4-ft depth and minimum 6-ft width.
(4)
Other techniques approved by the Planning Manager, shown to
create variation along the top of street-facing façade through
modulations in height, mass or bulk.
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Figure 19.508.4.H.2.b Building Façade Height Variation
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c.
Building Transitions
For any property in the Downtown Mixed Use (DMU) zone that is
north of Harrison Street and within 50 ft of the property line abutting
the moderate density residential zone (R-MD), the following transition
measures are required for any new building (see Figure 19.508.4.H.2.c):
(1)
The new building must be located at least 6 ft from any property line abutting a low-density residential zone. This requirement supersedes the applicability of the transition area measures provided in Subsection 19.504.6.
(2)
The new building must provide a step back of at least 6 ft for
any portion of the building above 35 ft in height above grade.
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Figure 19.508.4.H.2.c Building Transition Measures
 |
3.
Design Guidelines
a.
Building massing should contribute to a welcoming and pedestrian-scaled
sense of enclosure and definition of the street.
b.
Buildings that utilize bonus height should mitigate impacts
of additional height and mass by including step backs, façade
insets, high façade permeability, and other perceived mass-reducing
techniques to ensure access to light, privacy, and sky views for nearby
building occupants and people on the street.
c.
Building façades should incorporate variation in height
or character to break up the perceived bulk and mass of the building
into pedestrian-scale components that create a sense of pattern and
rhythm. Such variation should be aligned with horizontal articulation
elements to create a harmonious design. (See Subsection 19.508.4.B.3.)
d.
For buildings abutting the moderate density residential zone,
building setbacks, step backs, façade articulation, landscaping,
fencing, and/or transition measures should be deployed to blend building
massing between downtown and any adjacent residentially zoned neighborhoods
to reduce perceived mass of buildings.
I.
Weather Protection
1.
Purpose
To create an all-season pedestrian environment shielded from
the elements, whether by the building structure itself or with added-on
features such as awnings and canopies, that is integrated with rather
than obscures the building design. Overhead protection encourages
window shopping and lingering, and weather protection features can
provide interest and detail to a façade as well as create outdoor
sidewalk seating areas for restaurants and cafés.
2.
Design Standards
a.
Minimum Weather Protection Coverage
(1)
All ground-floor building entries must be protected from the
weather by awnings, canopies, marquees, recesses, or similar weather
protection.
(2)
Awnings, canopies, marquees, recesses, or similar weather protection
must be provided along at least 50% of the ground-floor elevation(s)
of a nonresidential or mixed-use building where the building abuts
a sidewalk, plaza, courtyard, or similar pedestrian space designed
as usable open space meeting the standards of Subsection 19.508.4.M,
or on-site pedestrian walkway.
(3)
Weather protection used to meet this section must extend at
least 4 ft over the pedestrian area but no more than 4 ft into the
right-of-way. Balconies and recesses meeting these dimensional requirements
can be counted toward this requirement.
(4)
Weather protection used to meet the above standards must be
at least than 8 ft above the finished grade, including any valance.
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See Figure 19.508.4.I.2.a for an illustration of these standards.
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Figure 19.508.4.I.2.a Weather Protection Requirements
 |
b.
Weather Protection Materials, Design, and Details
(1)
Materials
(a)
Awnings must be constructed of a non-vinyl cloth
or canvas with a matte finish or a material similar in appearance
and texture.
(b)
Canopies must be constructed of rigid plastic,
metal, glass, or a material similar in appearance and texture.
(c)
Marquees must be constructed of metal, glass, wood,
or a material similar in appearance and texture.
(d)
Vinyl or any similar flexible plastic sheet material
is prohibited for all weather protection features.
(e)
The structure or frame materials for awnings and
canopies must be aluminum or steel.
(2)
Awnings or canopies must be attached directly above an entry
or window. Awning and canopy width must not exceed the width of the
entry or associated window opening and may not extend over more than
one storefront opening. Marquees must be attached to the building
directly above the entrance and may extend past the entrance.
(3)
For awnings and canopies, only lighting that illuminates the
building and/or sidewalk is allowed. Awnings and canopies must not
be illuminated from below or internally.
(4)
Any signage on awnings, canopies or marquees must be consistent
with requirements of Subsection 14.16.060.C.
3.
Design Guidelines
a.
Along the ground floor, buildings should protect pedestrians
from inclement weather and provide shade in the summer through use
of awnings, canopies, marquees, or elements of the building structure
itself such as recesses or balconies. The total amount of awning,
canopy, and/or marquee coverage along a façade should provide
adequate weather protection for pedestrians without overly shadowing
the sidewalk.
b.
Awnings, canopies, and marquees should be placed over all building
entrances and storefront windows or other similar locations and integrated
with other entryway design features. (See Subsection 19.508.4.E.)
The total amount of awning, canopy and/or marquee coverage along a
façade should provide adequate weather protection for pedestrians
without overly shadowing the sidewalk.
c.
The design of awnings, canopies, marquees, and elements of the
building structure should be an integral and well-proportioned component
of the building façade. Awnings, canopies and marquees should
not obscure or negatively impact the character-defining features of
the subject building.
d.
Canopies and awnings should be sized to match individual entrances
and storefront windows. They should be placed directly above such
features and should not extend outside the piers and lintel of the
storefront opening. A single awning or canopy spanning across multiple
commercial storefronts and that obscures character-defining features
is strongly discouraged.
e.
Weather protection features should be well proportioned relative
to the sidewalks. Features should not be so project so far into the
public right-of-Way as to detract from street trees, light fixtures,
or street furniture, but should extend far enough to provide coverage
for pedestrians at entrances and windows. Features should provide
adequate vertical clearance for pedestrian movement.
f.
Awnings, canopies, and marquees should be of high-quality materials
and should not include vinyl.
g.
Awning or canopy lighting, if provided, should highlight the
building or illuminate the sidewalk and should not illuminate awnings
or canopies from below or internally.
J.
Roofs and Rooftop Equipment Screening
1.
Purpose
To create a visually interesting feature at the top of the building
that enhances the quality and character of the building and complements
the building design, while reducing or eliminating the visual impact
of rooftop equipment on the street pedestrian environment by providing
screening or other concealing design features that also contribute
to the high-quality design and visual interest of the building.
2.
Design Standards
a.
Rooftop Design
(2)
Roofs are subject to the following standards as applicable:
(a)
All flat or low-slope roofs must be architecturally
treated or articulated with a parapet wall that projects vertically
above the roofline at least 12 in and/or a cornice that projects from
the building face at least 6 in. See Figure 19.508.4.B.2.a(3).
(b)
All hip or gabled roofs exposed to view from adjacent
public streets and properties must have a minimum 4/12 pitch.
(c)
Sloped roofs with a 4/12 pitch or higher must have
eaves, exclusive of rain gutters, that project from the building wall
at least 12 in.
(d)
When an addition to an existing structure, or a
new structure, is proposed in an existing development, the roof forms
for the new structure(s) must have the same slope and be constructed
of the same materials as the existing roofing.
b.
Rooftop Equipment Screening
(2)
If visible from public street view, elevator mechanical equipment
or a mechanical penthouse may not extend above the height limit by
more than 16 ft, and must use a consistent exterior building material
for the mechanical shaft or penthouse.
(3)
Satellite dishes, communications equipment, and all other roofmounted
mechanical equipment must be set back a minimum of 10 ft from the
roof edge and must be screened from public street view. For purposes
of this standard, "public street view" means the pedestrian level
from across the adjacent public street and does not include views
from adjacent buildings. If necessary, screening from public street
view must be achieved by one of the following methods that is at least
as tall as the tallest part of the equipment being screened:
(4)
Required screening will not be included in the building's maximum
height calculation.
See Figure 19.508.4.J.2.b for an illustration of these standards.
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Figure 19.508.4.J.2.b Rooftop Equipment Screening
 |
3.
Design Guidelines
a.
Building rooflines should enliven the pedestrian experience
and be of visual interest, with detail and variation that will create
a skyline composed of interesting forms and shadows. Building silhouette
should be compatible with those of other buildings along the existing
streetscape.
b.
Roof shape, surface materials, colors, mechanical equipment
and other penthouse functions should all be integrated into the overall
building design and should be considered an additional façade
to complement the Building's design.
c.
Roof mounted mechanical equipment should be hidden from public
street view by parapets, screening walls, vertical landscaping or
green roof features, enclosures installed as an integral part of the
architectural composition, strategic placement, or similar treatments.
If such treatments are not practicable, mechanical units may be painted
in lieu of screening with muted, neutral colors that make the equipment
visually subordinate to the building and any adjacent buildings.
K.
Service Areas (Screening)
1.
Purpose
To preserve well-designed building frontages and pedestrian
environments by minimizing the potential negative impacts of service
areas on visual design and circulation while maintaining sufficiently
accessible and functional loading, waste collection, utility, and
other service areas.
2.
Design Standards
Service areas include external utility structures, loading docks,
recycling facilities, trash containers, and other similar areas; they
exclude off-street parking areas which are subject to Subsection 19.304.5.C.
a.
Service areas must be located for access from the most minor
street.
b.
Screening must be established on all sides of service areas,
except where an opening is required for access. If access is possible
only on a side that is visible from a public street, a solid gate
or door is required.
c.
Landscaping, structural elements, painting, and/or murals or
other public art must be used to screen service areas that are located
along a public street frontage. The required screening must result
in an opaque barrier to a minimum height of 6 ft.
d.
Where structural forms of screening are utilized, the materials
must match the primary or secondary building materials and colors
as described in Subsection 19.508.4.C.
e.
For new buildings, waste collection areas must be located within
the Building itself rather than a stand-alone waste enclosure.
f.
Residential-only multifamily and mixed-use buildings must meet
the recycling area standards of Table 19.505.3.D.10.
3.
Design Guidelines
a.
Service areas, loading docks, waste enclosures, external utility
structures, and other similar features should be located away from
pedestrian areas, public street frontages especially Main Street,
or at a less visible portion of the site to reduce possible impacts
of these facilities on building aesthetics and pedestrian circulation.
b.
Whenever possible, all sides of service areas, loading docks,
waste enclosures, and other outbuildings should be screened and concealed.
Solid gates or doors should be used on sides requiring access.
c.
Screening, fencing, landscaping, decorative walls, or other
treatments should be used to provide screening, using materials and
designs compatible with the primary building they serve. Screening
should be of a height, width, and opacity necessary to sufficiently
screen all equipment and service areas.
d.
Waste collection areas should be located and designed to minimize
visual, odor, and noise nuisances, and should be integrated into the
building. If separate waste collection enclosures are utilized, they
must be screened, covered with a roof or be self-contained.
e.
Residential-only multifamily and mixed-use buildings should
provide recycling areas that are appropriately sized to accommodate
the amount of recyclable materials generated by residents. Areas should
be located such that they provide convenient access for residents
and for waste and recycling haulers. Recycling areas located outdoors
should be appropriately screened or located so that they are not prominent
features viewed from the street.
L.
Resident Open Space
1.
Purpose
To promote livability in the downtown environment by providing
open space amenities within the development site for use by residents.
2.
Design Standards
a.
The following standards apply to mixed-use buildings and residential-only
multifamily buildings with 4 or more units.
b.
Fifty sq ft of resident open space is required for each dwelling
unit. The open space may be developed entirely as private open space
or common open space, or it may be a combination of the 2 types of
open space. Usable open space required by Subsection 19.508.4.A.2.b
that meets the design standards of Subsection 19.508.4.M.2 may also
be counted towards the resident open space requirement.
c.
Private Open Space
(1)
Private open space, if provided, must be contiguous to the unit
it serves and must be directly accessible from the interior of the
dwelling unit.
(2)
Private open space may be provided in the form of a porch, deck,
balcony, patio, terrace, or other private outdoor area.
(3)
Areas used for entrances or exits will not be considered as
private open space except where such entrances or exits are for the
sole use of the unit they serve.
(4)
Balconies, decks, porches and patios must have a minimum depth
of 4 ft and may project up to a minimum of 4 ft into the public right-of-way.
d.
Common Open Space
(1)
Common open space, if provided, must be at least 15 ft by 15
ft in dimension and may be provided in the form of decks, shared patios,
plazas, courtyards, landscaped areas, roof gardens, recreation rooms,
lobbies, or other gathering spaces created strictly for the occupants
and not associated with storage or circulation.
(2)
Outdoor common open space areas must integrate amenities such
as tables, benches, movable seating, trees, shrubs, landscaping areas
or planters, garden plots, and/or fountains.
(3)
Outdoor common open space must be lighted as required by Subsection
19.508.4.N.
(4)
When provided at ground level, outdoor common open space must
be abutted on at least one side by the building, with at least one
window and one door to access the space; and must be bordered on at
least one other side by fencing or walls less than 42 in high, landscaping
strip or planters at least 2 ft wide, site furnishings, or other building
walls.
(5)
Regardless of location (ground-level or above), where any building
wall abuts an outdoor common open space, the wall must include at
least one window or door with a minimum of 50% glazing.
3.
Design Guidelines
a.
Building design should incorporate ample open space opportunities
for residents with a mix of private and/or common open spaces to provide
access to outdoor recreation, scenic amenity, or shared outdoor space
for people to gather.
b.
Any private open spaces should be scaled to enhance usability
by residents and have direct access from the dwelling unit and should
be visually and/or physically separate from common areas.
c.
Any common open spaces should be inviting and enhance opportunities
for use by residents. These spaces should be human-scaled, accessible,
durable, attractive, and secure.
d.
Any common open spaces should integrate amenities for residents'
use and enjoyment, including landscaping in outdoor spaces.
e.
Any common open spaces should be well-defined by surrounding
Buildings, walls, fences, landscaping, or other techniques to provide
visual definition for the space. Adjacent buildings should incorporate
transparent windows and doors to provide physical and visual access
to the space and should include active use areas that front the open
space.
M.
Plazas and Usable Open Space
1.
Purpose
To ensure that downtown plazas and open spaces are designed
for usability and a variety of activities during all hours and seasons;
provide amenities for downtown visitors, businesses, and residents;
promote livability; and help soften the effects of built and paved
areas.
2.
Design Standards
Open spaces such as plazas, courtyards, gardens, terraces, outdoor
seating, small parks, and similar spaces, including usable open space
provided to meet the standards of Subsection 19.508.4.A.2.b, must
meet the following standards.
a.
Where any building wall abuts an open space, the wall must include
at least one window or door with a minimum of 50% glazing.
b.
Usable open space must be directly accessible at grade adjacent
to the public sidewalk.
c.
Hardscaping in open spaces must utilize concrete or unit paving
and may not use asphalt or gravel surfacing.
d.
Landscaping must be integrated into open spaces to meet the
following:
(1)
A minimum of 10% of the open space area must be landscaped areas
incorporating trees, shrubs, and ground cover.
(2)
No more than 20% of this landscaped area can be covered in mulch
or bark dust. This requirement excludes mulch or bark dust under the
canopy of trees or shrubs.
(3)
Nuisance species listed in the Milwaukie Native Plant List are
prohibited.
e.
Open spaces must provide at least 3 ft of seating area (e.g.,
bench, ledge, etc.) or one individual seat, including movable seating
for outdoor seating areas, per 60 sq ft of plaza or open space area.
f.
Open spaces must be lighted as required by Element N (Outdoor
and Exterior Building Lighting).
3.
Design Guidelines
a.
Plazas and open spaces should be inviting and create opportunities
for a variety of uses.
b.
Plazas and open spaces should avoid separation from the street
by visual barriers or significant change of grade. Plazas and open
spaces should create visual and physical connections to abutting buildings.
c.
Plazas and open spaces should be human-scaled, accessible, durable,
and attractive, and should enhance users' comfort and enjoyment by
integrating features such as:
(1)
Pedestrian amenities such as water features, drinking fountains,
and/or distinctive paving or artwork
(2)
Permanent or movable seating
(3)
Weather protection, especially weather protection that can be
moved or altered to accommodate conditions
(4)
Transitional zones along building edges to allow for outdoor
eating areas and a planted buffer
(5)
Lighting
d.
Plazas and open spaces should create visual interest by including
a mix of hardscape and landscape elements such as trees, shrubs, and
plants.
e.
Landscaping in plazas and open spaces should be integrated to
provide shade for hardscaped areas and to provide visual interest
and texture.
f.
Buildings adjacent to plazas and open spaces should incorporate
transparent windows and doors to provide physical and visual access
to the space and should include active use areas that front the open
space.
g.
Plazas and open space should be designed to integrate sustainability
and enhance the relationship to the natural environment, including
consideration of the sun angle at noon and the wind pattern in the
design of the space and incorporation of water treatment features
such as rain gardens.
N.
Outdoor and Exterior Building Lighting
1.
Purpose
To incorporate outdoor and exterior building lighting that increases
pedestrian comfort, accentuates design and architectural features,
enhances safety, and minimizes light pollution (both spill and casting
or glare).
2.
Design Standards
a.
Lighting must be designed to comply with the following standards:
(1)
Primary building entrances required in Subsection 19.508.4.E
must have a minimum illumination of 2.0 foot-candles.
(2)
All other building entrances and areas underneath weather protection
elements described in Element I (Weather Protection) must have a minimum
illumination of 1.0 foot-candles.
(3)
Common open spaces for residents subject to Subsection 19.508.4.L
must be lighted with pedestrian-scaled lighting (no more than 14 ft
in height) at a level at least 1.0 foot-candles throughout the space.
(4)
Plazas and usable open space subject to Subsection 19.508.4.M
must be lighted with pedestrian-scaled lighting (no more than 14 ft
in height) at a level at least 2.0 foot-candles throughout the space.
(5)
If off-street parking areas are present, lighting must comply
with standards in Subsection 19.606.3.F.
b.
Lighting luminaires must have a cutoff angle of 90 degrees or
greater to ensure that lighting is directed downward, except as provided
for uplighting of flags and permitted building-mounted signs.
c.
Lighting must not cause a light trespass of more than 0.5 footcandles
measured vertically at all shared property lines of the site, with
the exception of property lines along public right-of-way.
d.
Flashing or strobe lights, fluorescent tube lights, and security
spotlights are prohibited on building exteriors.
3.
Design Guidelines
a.
Exterior lighting should be used to articulate the building
elements, including (but not limited to) entrances, common open spaces
for residents, plazas and usable open space, signage, canopies, cornices,
storefronts, and other architectural features. Lighting levels of
entrances, areas underneath weather protection elements, and all open
spaces should be pedestrian scale and provide a sense of safety.
b.
All lighting should be designed to prevent unnecessary illumination
of adjacent sites, with the exception of adjacent sidewalks within
a public-right-of-Way where illumination is desired. As a rule of
thumb, lighting levels should be no greater than necessary to provide
for pedestrian safety, property or business identification, and crime
prevention.
c.
Flashing or strobe lights, fluorescent tube lights, and security
spotlights are strongly discouraged from use on building exteriors.
Variances cannot be granted for the design elements of Section 19.508. Projects must meet the design standards and/or guidelines in this section.
The intent of these regulations is to ensure that potential
impacts from marijuana and psilocybin businesses are managed and mitigated.
(Ord. 2134 § 2, 2016; Ord. 2163 § 2, 2018; Ord. 2168 § 2, 2019; Ord. 2234 § 2, 2023)
A.
A marijuana retailer shall not be located within 1,000 ft of the
real property comprising a public or private elementary, secondary,
or career school attended primarily by minors. In addition, a marijuana
retailer shall not be located within 1,000 ft of the Wichita and Hector
Campbell school sites nor within 1,000 ft of another marijuana retailer.
B.
A marijuana retailer shall not be collocated with another business
except when collocated with another state-licensed marijuana business
as permitted by state laws.
C.
Display of marijuana or marijuana products that are visible from
outside of the retail facility is prohibited.
D.
The hours of operation for a marijuana retailer shall be limited
to the hours between 8:00 a.m. and 10:00 p.m.
E.
No drive-through sales are permitted.
A.
The operation shall be entirely indoors, within a fully-enclosed,
secure building meeting Building codes adopted by the City of Milwaukie
and all other applicable state regulations.
B.
Odor shall be managed for all production, processing, testing, research,
and warehousing Uses. A marijuana business shall use an air filtration
and ventilation system that ensures that all odors associated with
the marijuana are confined to the licensed premises to the extent
practicable.
The following limitations apply to marijuana production in the
M-Manufacturing, NME-North Milwaukie Employment, and MUTSA-Tacoma
Station Area Mixed Use zones:
A.
Within a building utilized for production, multiple producers may
operate but no single producer shall operate in a manner where the
mature marijuana plant grow canopy associated with that producer's
operation exceeds 10,000 sq ft.
B.
A marijuana producer shall not be located in a building that is within
1,500 ft of another Building that is utilized for marijuana production.
The following limitations apply to psilocybin cultivation in
the M-Manufacturing, NME-North Milwaukie Employment, and MUTSA-Tacoma
Station Area Mixed Use zones:
A.
Within a building utilized for cultivation, growing, planting, harvesting,
and/or propagation, multiple growers may operate but no single grower
shall operate in a manner where the mature psilocybin plant grow canopy
associated with that producer's operation exceeds 10,000 sq ft.
B.
A psilocybin grower shall not be located in a building that is within
1,500 ft of another building that is utilized for psilocybin cultivation.
Green building is the practice of creating structures and using processes that are environmentally responsible and resource-efficient throughout a building's life cycle from siting to design, construction, operation, maintenance, renovation, and deconstruction. For the purposes of height bonuses and/or meeting the local criteria for the Milwaukie Vertical Housing Development Zone Program (MMC Chapter 3.65), a green building shall be defined as a building that will achieve certification or similar approval documentation, as applicable, at any level of one of the following programs:
1.
Living Building Challenge;
2.
LEED;
3.
Earth Advantage;
4.
Passive House;
5.
Enterprise Green Communities; or
6.
Energy Trust of Oregon's New Buildings program confirming participation
in the Path to Net Zero program offering.
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Height bonus eligibility shall be verified at the time of building
permit submittal and shall be contingent upon a green building certification
submittal. The height bonus may be binding under a development agreement
and height bonus awards may be revoked, and/or other permits or approvals
may be withheld, if the project fails to achieve the required energy
reduction and/or certification.
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