City of Springfield, OR RESIDENTIAL DISTRICTS (R-1, R-2, R-3)

Purpose. The purposes of the residential land use districts are to:

Accommodate a full range of housing types.

Implement the policies of the Springfield Comprehensive Plan and Metro Plan.

Make efficient use of land and public services.

Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling.

Provide convenient access to neighborhood activity centers.

Applicability. The standards in this section apply to development in the R-1, R-2, and R-3 land use districts. These districts are identified on the City’s official Zoning Map. These districts are intended to implement the following plan designations, unless otherwise specified in an applicable refinement plan or plan district:

The R-1 district is intended to implement the low density residential plan designation.

The R-2 district is intended to implement the medium density residential plan designation.

The R-3 district is intended to implement the high density residential plan designation.

Conflicts. Where there is a conflict between SDC 4.7.300—4.7.400 and the development standards in this SDC 3.3.200, SDC 4.7.300—4.7.400 prevails.

(6443)

3.2.210 Permitted Land Uses.

Permitted Uses. The land uses listed in Table 3.2.210 are permitted in the residential districts, subject to the provisions of this chapter. Only land uses that are specifically listed in Table 3.2.210, land uses that are incidental and subordinate to a permitted use, and land uses that are approved as "similar" to those in Table 3.2.210 are permitted.

Determination of Similar Land Use. Similar use determinations must be made in conformance with the procedures in SDC 5.11.100, Interpretations.

Exceptions. Existing uses and buildings lawfully established under previously effective land use regulations can continue subject to SDC 5.8.100, Non-Conforming Uses—Determination, Continuance, Expansion and Modification, except as otherwise specified in this section.

Table 3.2.210 Permitted Uses
Uses	Districts			Applicable code standards
Uses	R-1	R-2	R-3	Applicable code standards
Residential
Single-Unit Dwelling, detached (SD-D)	P	N	N
Duplex	P*	P*	N	SDC 3.2.245
Triplex/Fourplex	P*	P*	P*	SDC 3.2.250 and 3.2.255
Townhouse (Single-Unit Dwelling, attached, e.g., row houses, etc.)	P*	P*	P*	SDC 3.2.250 and 3.2.265
Cottage Cluster Housing	P*	P*	P*	SDC 3.2.250 and 3.2.260
Courtyard Housing	P*	P*	P*	SDC 3.2.335
Emergency Medical Hardship	P*	P*	P*	SDC 4.7.400
Accessory Dwelling Units (ADUs)	P*	P*	P*	SDC 3.2.275
Single Room Occupancy (SROs)	P	P	P
Short Term Rental
Type 1	P*	P*	P*	SDC 4.7.355
Type 2	D*	D*	D*	SDC 4.7.355
Manufactured Dwelling Park	P, S*	P, S*	N	SDC 4.7.345
Multiple Unit Housing	N	P*	P*	SDC 4.7.375 thru 4.7.385
Family Child Care Home	P	P	P
Child Care Center	S*	S*	S*	SDC 4.7.340
Residential Care Facility; 5 or fewer people	P*	P*	P*	SDC 4.7.350
Residential Care Facility; 6 or more people	P, S*	P, S*	P, S*	SDC 4.7.350
Public and Institutional* (SDC 4.7.375)
Automobile Parking, Public Off-Street Parking	N	D	D
Club (see definition SDC 6.1.110(C))	N	N	N
Community Service; includes Governmental Offices	N	D	D
Community Garden	D	D	D
Educational Facilities: Elementary and Middle Schools	D*	D*	D*	SDC 4.7.195 and 5.9.110
Emergency Services; Police, Fire, Ambulance	D, S	D, S	D, S
Parks and Open Space, including Playgrounds, Trails, Nature Preserves, Athletic Fields, Courts, Swim Pools, and similar uses	P/D*	P/D*	P/D*	SDC 4.7.200
Place of Worship	D, S*	D, S*	D, S*	SDC 4.7.370
Commercial* (SDC 4.7.375)
Home Business	P*	P*	P*	SDC 4.7.365
Professional Office	S*	S*	S*	SDC 4.7.190
Mixed-Use Buildings	S*	S*	S*	SDC 4.7.375

P = Permitted Use;

S = Site Plan Required;

D = Discretionary Use Permit Required;

N = Not Allowed

* = Permitted in conformance with cited code standards.

(6443; Ord. 6465, 11/20/2023)

3.2.215 Lot Area and Dimensions.

In addition to applicable provisions contained elsewhere in this code, the development standards listed in this section apply to all development in residential districts. In cases of conflicts, standards specifically applicable in the residential land use district apply. In cases of conflicts in this section between the general standards and the area-specific standards, the area-specific standards apply.

Lot area and lot dimension standards for residential uses are listed in Table 3.2.215. For other residential uses listed in Table 3.2.210, the lot area and dimensions are subject to the type of residential structure being occupied. Lot development must be in conformance with SDC 3.2.235, Density.

The following Table 3.2.215 sets forth residential land use district development standards, subject to SDC 4.7.300—4.7.400. Lots created by a middle housing land division are not subject to the minimum and maximum lot sizes specified in this section, except as applicable to the parent lot or parcel.

Table 3.2.215 Residential District Density Standards and Minimum Lot Size
Density (see SDC 3.2.235 below)	R-1	R-2	R-3
Single unit dwelling, detached	6 units per net acre minimum 14 units per net acre maximum 3,000 sq ft minimum lot size	N/A
Duplex	6 units per net acre minimum No maximum density 3,000 sq ft minimum lot size	14 units per net acre minimum 28 units per net acre maximum 3,000 sq ft minimum lot size	N/A
Triplex and fourplex	6 units per net acre minimum No maximum density Triplex: 5,000 sq ft minimum lot size Fourplex: 7,000 sq ft minimum lot size	14 units per net acre minimum 28 units per net acre maximum	28 units per net acre minimum 42 units per net acre maximum
Townhome	6 units per net acre minimum 25 units per net acre maximum 1,000 sq ft minimum lot size	14 units per net acre minimum 28 units per net acre maximum 1,000 sq ft minimum lot size	28 units per net acre minimum 42 units per net acre maximum 1,000 sq ft minimum lot size
Cottage cluster	4 units per net acre minimum No maximum density 5,000 sq ft minimum lot size	14 units per net acre minimum 28 units per net acre maximum 5,000 sq ft minimum lot size	28 units per net acre minimum 42 units per net acre maximum 5,000 sq ft minimum lot size
Multiple unit housing	N/A	14 units per net acre minimum 28 units per net acre maximum	28 units per net acre minimum 42 units per net acre maximum
Density fractions will be rounded as provided in SDC 3.2.235(A).

Notes:
Where a minimum lot size listed in this table conflicts with the maximum net density, by resulting in development that exceeds the applicable maximum net density, the maximum net density standard will prevail. This may result in an increase in the minimum lot size provided in this table. Where no minimum lot size is listed, the minimum lot size is determined solely based on the applicable maximum net density.
Minimum lot sizes listed in this table for middle housing types apply to the parent lot and not to any lots resulting from a middle housing land division approved under SDC 5.12.200.
Density standards and minimum lot sizes within the Hillside Overlay District are provided in SDC 3.3.520.

(6443)

3.2.220 Setbacks.

Setback Standards. The following table summarized the minimum setback standards. The setback standards of this section apply to all structures, except as otherwise provided by this section. Required setbacks are measured from the special street setback in SDC 4.2.105(M), where applicable.

Table 3.2.220 Setbacks	R-1	R-2
Front	10 feet, except for a garage or carport
Garage or carport	18 feet from any property line or back of sidewalk, whichever is closer
Side	5 feet	10 feet when abutting an R-1 district 5 feet when not abutting an R-1 district
Rear	10 feet for the primary structure 5 feet for an accessory dwelling unit

Notes: Setbacks for certain housing types or uses are reduced as specified in SDC 3.2.250—3.2.270. (Ex. Zero-foot side setback for property line where townhouse units attach.)

Front Setbacks.

R-1, R-2, and R-3 Districts. The front setback requirement is a minimum of 10 feet from the property line abutting the street used for address purposes or the back of sidewalk, whichever is closer, or for a panhandle lot, from the property line forming the pan portion of the lot.

Garage or Carport. The front of a garage or carport must be set back a minimum of 18 feet from any property line or the back of sidewalk, whichever is closer.

Special Setbacks. The Special Street Setbacks apply in conformance with SDC 4.2.105(M).

Side Setbacks.

R-1 District. The side setback requirement is a minimum of 5 feet.

R-2 and R-3 Districts.

The side setback requirement is a minimum of 10 feet from any property line abutting the R-1 district.

The side setback requirement is a minimum of 5 feet from any property line not abutting the R-1 district, or the edge of sidewalk for a corner lot or parcel, whichever is closer.

For courtyard housing, side setbacks must be in conformance with SDC 3.2.270.

Rear Setbacks.

Primary Structures. In the R-1, R-2, and R-3 districts, the rear setback requirement for the primary structure is a minimum of 10 feet from any property line.

Accessory Dwelling Units. In the R-1, R-2, and R-3 districts, the rear setback requirement for an accessory dwelling unit is a minimum of 5 feet from any property line.

Special Setback Requirements.

Townhouses. Common wall setbacks where units are attached is zero feet from the property line abutting the next attached unit, in conformance with SDC 3.2.265.

Vision Clearance Areas. All structures must comply with SDC 4.2.130, Vision Clearance, notwithstanding any other setback requirement.

Bridges. Bridges that form a driveway or pedestrian access from the abutting street or alley are permitted within the setbacks.

Setback Encroachments. An encroachment into a setback that meets the following standards is permitted in the R-1, R-2, and R-3 Districts. No portion of the structures and architectural features listed in this section can encroach closer than 6 feet to the front property line or edge of sidewalk, whichever is closer. No other encroachments into a setback are permitted unless approved through a variance.

Architectural Features. Eaves, chimneys including fireplace enclosures and chimney chases, bay windows up to 8 feet in width, and window wells are allowed to encroach into the front, side, and rear setbacks by no more than 2 feet, provided there is a minimum setback of 3 feet from the property line.

Front Porches. An unenclosed covered or uncovered porch, patio, deck, or stoop with a maximum floor height not exceeding 18 inches is allowed to be set back a minimum of 6 feet from the front property line, as long as it does not encroach into a public utility easement.

An uncovered and unenclosed porch, patio, deck, or stoop located above finished grade with a maximum floor height not exceeding 18 inches must be set back a minimum of 18 inches from the side and rear property lines. Additionally, it must not encroach into a public utility easement.

Uncovered patios at finished grade are exempt from setbacks as long as it does not encroach into a public utility easement.

Stairs, ramps, and landings that are uncovered may be in the front setback.

Garage and Carport Setback.

The 18-foot setback requirement for the front of a garage or carport is measured along the centerline of the driveway from the property line or back of sidewalk, whichever is closer, to either the garage door or to the support post at the vehicle entry of a carport closest to the property line.

For a garage on a corner lot or parcel that is accessed from an alley, or a garage where the side or rear wall of the garage faces the street, the setback for the garage side or rear wall is a minimum of 5 feet from the property line. In this case, the garage must have at least 1 window in the side or rear wall facing the street that is a minimum of 6 square feet. A side entry garage must have a driveway with a minimum length of 18 feet from the front property lines as measured along the centerline of the driveway to the face of the garage.

Accessory Structures. Accessory structures must not be located within any front or side street setback of a primary dwelling unit and must be set back at least 3 feet from any interior or rear property line.

(F)

Prohibited in Setbacks. In addition to structures, the following are prohibited within the following setbacks:

Front Setbacks. Satellite dishes greater than 18 inches in diameter, and other similar above ground objects except heat pumps which are allowed.

Side and Rear Setbacks. Satellite dishes greater than 18 inches in diameter, and other similar objects, unless screened for visual and noise abatement by a solid enclosure 2 feet higher than the object/use being screened, except heat pumps which are allowed.

All Setbacks. Balconies.

(6443)

3.2.225 Lot Coverage and Impervious Surface Standards.

Lot Coverage and Impervious Surface may not exceed the standards listed in SDC 3.2.225. Stormwater treatment facilities required under SDC 4.3.110 or other development standards may result in less impervious surface area than these maximums.

The following Lot Coverage and Impervious Surface standards apply to all development in Residential Districts. However, Cottage Cluster Housing is not subject to this standard.

On lots or parcels with more than average 15 percent slope or above 670 feet in elevation, as determined in SDC 3.3.500, the impervious surface area must not exceed 35 percent.

On lots or parcels of less than 4,500 square feet in size, the impervious surface area must not exceed 60 percent of the lot or parcel area.

On lots or parcels of 4,500 square feet or larger in size, the lot coverage must not exceed 45 percent of the lot or parcel area.

Table 3.2.225 Lot Coverage and Impervious Surface Standards	R-1	R-2	R-3
Lots or parcels with more than 15% slope or above 670 feet in elevation	35% maximum impervious surface
Lots or parcels of less than 4,500 square feet in size	60% maximum impervious surface
Lots or parcels of 4,500 square feet or larger in size	45% maximum lot coverage

(6443; Ord. 6466, 11/20/2023)

3.2.230 Height.

The following building height standards are intended to facilitate allowed residential densities while promoting land use compatibility.

Table 3.2.230 Height	R-1	R-2	R-3
All Lots, except where specifically addressed below	35 feet	50 feet	none

Incidental equipment, as defined in SDC 6.1.110 may exceed the height standard.

Within the Hillside Development Overlay District, the maximum building height, as defined and calculated in SDC 6.1.110, is 45 feet.

(6443)

3.2.235 Density.

The following net density standards apply to all new development in the R-1, R-2, and R-3 districts, except as specified in subsection (B) of this section. The net density standards shown in Table 3.2.215 are intended to ensure efficient use of buildable lands and provide for a range of needed housing, in conformance with the Springfield Comprehensive Plan. Where the density standards apply, the net density must be within the density range for the respective zoning district, except that density fractions 0.5 units per net acre or greater will be rounded up to the next whole number, and less than 0.5 unit per net acre will be rounded down to the preceding whole number.

The density standards may be averaged over more than 1 development phase (i.e., as in a subdivision or within the area subject to an adopted Master Plan). Within the Hillside Development Overlay District, the net density standards may be met through a density transfer bonus as provided in SDC 3.3.520(D).

The net density requirements specified in Table 3.2.215 do not apply as follows:

Residential care homes/facilities.

Accessory dwelling units (ADUs).

Bed and breakfast inns.

Nonresidential uses, including neighborhood commercial uses, public and institutional uses, and miscellaneous uses that do not include a dwelling unit.

Buildings that are listed in the Inventory of Historic Sites within the Springfield Area Comprehensive Plan Exhibit “A” or buildings designated on the Historic National Landmarks Register.

Residential infill, as defined in SDC 6.1.100, is exempt from minimum density standards, except within the HD Overlay District as provided in SDC 3.3.505 to 3.3.540.

(7)

Partitions on properties that are large enough to be divided into 5 or more lots are exempt from minimum density standards as long as the size of the resulting parcels and siting of dwellings allow future development on these parcels at minimum densities.

Net density is defined in SDC 6.1.100 as the number of dwelling units for each acre of land in residential use, excluding: dedicated streets; dedicated parks; dedicated sidewalks; and other public facilities.

For the purposes of calculating residential net density, 4 single room occupancy (SRO) units equal 1 dwelling unit. Fractional dwellings will be rounded to the next higher number, e.g., 5 SRO rooms equal 2 dwellings.

For the purpose of calculating residential net density:

Where a property is within multiple zoning districts, the minimum and maximum number of units is calculated based on the acreage in each residential district that is subject to the density standard as specified above multiplied by the applicable minimum and maximum density standards. Areas with nonresidential districts are excluded from the density calculation.

Except as provided in subsection (D)(3) of this section, the following areas are subtracted from the gross area of the property:

Area not in residential use as provided in subsection (D)(4) of this section;

Area for dedicated streets;

Area for dedicated sidewalks;

Area for dedicated parks;

Area for other public facilities.

After subtracting these areas from the gross area, then the remaining area is the net area used to calculate the net density.

The following areas are not subtracted from the gross area to calculate net density:

Area within a public easement less than 10 feet in width;

Area within a private street;

Area within a private park; and

Area for other private facilities.

Residential use. Any area not in residential use is subtracted from the gross area. The term “residential use” is considered to mean “of, relating to, or connected with a residence or residences.” Examples of residential use include the following: off street parking and vehicle circulation areas, maintenance or storage areas, and residential leasing offices, if these uses are related to or connected with a residence or residences.

Examples of uses that would not be considered to be in residential use include the following: any commercial uses, accessory uses that are not related to or connected with a residence or residences, and unbuildable areas as described below.

Unbuildable. This category includes land that is undevelopable. It includes tax lots or areas within tax lots with 1 or more of the following attributes:

Slopes greater than 25 percent as calculated in SDC 3.3.520(A);

Within the floodway, as designated by the FP Overlay District;

In areas with severe landslide potential as shown on an adopted City of Springfield inventory or map;

(iv)

Within locally significant wetlands and locally significant riparian areas and their setbacks as specified in SDC 4.3.117;

(v)

Within the riparian area boundary of a Water Quality Limited Watercourse as specified in SDC 4.3.115;

(vi)

Within the easement area of a 230 kV or greater transmission line;

(vii)

Small irregularly shaped lots[1]; and

[1]

Only lots that were counted as unbuildable in an adopted Housing Needs Analysis, can be subtracted from the gross density as “small irregularly shaped lots.”

(viii)

Publicly-owned land as described in (D)(5), (6), (7), and (8) below.

Streets. Any street or roadway dedicated as public right-of-way is subtracted from the gross area to calculate net density. The area does not take into account to what degree the street or roadway area is improved. This does not include private streets or driveways. The area for any private street would remain in the net area considered to be in residential use.

Sidewalks. Any sidewalk dedicated as public right-of-way is subtracted from the gross area to calculate net density. A public sidewalk located in an easement is not subtracted from the gross area. Private sidewalks (e.g. for multifamily housing developments, etc.) are not subtracted from the gross area.

(7)

Parks. Any public park area including a publicly-owned regional park, community park, neighborhood park, or linear park is subtracted from the gross area to calculate the net density. Any private park, or private open space, if not dedicated would remain in the net area.

(8)

Other Public Facilities. Any area for a public facility dedicated to the City of Springfield or other public agency is subtracted from the gross area to calculate net density. This includes storm water tracts dedicated to the City; however, it does not include private storm water facilities.

Additionally, any area, including easement areas, for a public facility that is adopted into the Eugene-Springfield Metropolitan Area Public Facilities and Services Plan (PFSP) is subtracted from the gross area. Any other public utility easement (PUE) that contains public utilities that are not adopted into the PFSP are not subtracted from the gross area (except as provided above under unbuildable land for 230 kV transmission lines).

“Public facility projects” adopted in the PFSP include:

Water. Source, reservoirs, pump stations, and primary distribution systems. Primary distribution systems are transmission lines 12 inches or larger for Springfield Utility Board (SUB) and 24 inches or larger for Eugene Water and Electric Board (EWEB).

Wastewater. Pump stations and wastewater lines 24 inches or larger.

Stormwater. Drainage/channel improvements and/or piping systems 36 inches or larger; stormwater detention and/or treatment facilities; outfalls; water quality projects; and waterways and open systems.

Specific projects adopted as part of the Metro Plan are described in the project lists and their general location is identified in the planned facilities maps in Chapter II of the Eugene-Springfield Metropolitan Public Facilities and Services Plan (Public Facilities and Services Plan).

(6443)

3.2.240 Panhandle Lot or Parcel Development Standards.

Special provisions for lots/parcels with panhandle driveways:

Panhandle driveways are permitted where dedication of public right-of-way is not required to meet the Street Network Standards contained in SDC 4.2.105(D) or (E) or to comply with the density standards in the applicable zoning district. Panhandle driveways are not permitted in lieu of a public street required to meet the Street Network Standards contained in SDC 4.2.105(D) or (E).

The area of the pan portion does not include the area in the “panhandle” driveway.

The minimum paving standards for panhandle driveways are:

Twelve feet wide for a single panhandle driveway from the front property line to a distance of 18 feet, where there is an unimproved street; and from the front property line to the pan of the rear lot or parcel, where there is an improved street; and

Eighteen feet wide for a multiple panhandle driveway from the front property line to the pan of the last lot or parcel. This latter standard takes precedence over the driveway width standard for multiple unit dwelling driveways specified in Table 4.2.2.

Panhandle lots must meet fire code access requirements based on the number of units.

Buildable lots/parcels do not need to have frontage on a public street when access has been guaranteed via a private street or driveway with an irrevocable joint use/access easement as specified in SDC 4.2.120(A). In the residential districts, when a proposed land division includes single or multiple panhandle lots/parcels and the front lot or parcel contains an existing primary or secondary structure, an irrevocable joint use/access easement is allowed in lieu of the panhandles when the required areas to meet both the applicable panhandle street frontage standard and the required 5 foot wide side yard setback standard for the existing structure is available. In this case, the irrevocable access easement width standard is as follows:

Fourteen feet wide for a single panhandle lot or parcel in the R-1 District; or

Twenty feet wide for a single panhandle in the R-2 and R-3 District, or where multiple panhandles are proposed in any residential district.

(6443)

3.2.245 Single-Unit Dwellings, Detached, and Duplexes.

Review Procedures. Detached single-unit dwellings and duplexes on lawfully created lots or parcels within city limits, or in the City’s urbanizable area that are less than 5 acres, may be approved under a Type 1 procedure concurrently with a building permit. The criteria for the Type 1 approval of a detached single-unit dwelling or duplex is consistency with the applicable standards for a detached single-unit dwelling in the underlying land use district.

Duplex or ADU Election. In instances where a development can meet the definition of a duplex and also meets the definition of a primary single unit dwelling with an accessory dwelling unit (ADU), the applicant must specify at the time of application whether the development is a duplex or a primary single unit dwelling with an ADU. The application will be reviewed according to the standards and criteria applicable to the applicant’s election.

Duplex Conversion. Additions to or conversion of an existing single unit detached dwelling to a duplex is allowed provided that the conversion does not increase nonconformance with applicable clear and objective standards.

Standards Applicable to Duplexes. Clear and objective exceptions to public works standards granted to detached single-unit dwellings must also be granted to duplexes.

(6443)

3.2.250 Middle Housing.

Review Procedures. Middle housing on lawfully created lots or parcels within the city limits may be approved under a Type 1 procedure concurrently with a building permit. The criteria for the Type 1 approval is consistent with the applicable standards for middle housing in the underlying land use district.

Relationship to Other Code Standards/Conflicts. In the event of a conflict between middle housing code provisions in this section and other code standards applicable to middle housing, the standards in this section prevail.

Sufficient Infrastructure. For all middle housing types (except duplexes) in the R-1 district, applicants must demonstrate that sufficient infrastructure is provided or will be provided. The applicant must provide the information to demonstrate that sufficient infrastructure will be provided with the submittal of the development application for the proposed middle housing. The sufficient infrastructure must be provided prior to occupancy of the proposed middle housing. Sufficient infrastructure must meet the established service levels as specified below.

Sanitary Sewer. The subject property and any existing and proposed dwellings must be connected to sanitary sewer. The sanitary sewer must be designed and constructed in conformance with SDC 4.3.105, and Chapter 2 of the Engineering Design Standards and Procedures Manual (EDSPM).

Stormwater. The subject property and any existing and proposed dwellings must have a stormwater management system that is sufficient to detain, on the lot or parcel of origin, any increase in on-site surface water drainage, including roof drainage or other impervious surface drainage, to not increase flows from the lot or parcel above the flow levels that existed from the lot or parcel prior to the development of new middle housing.

Water. The subject property as well as any existing and proposed dwellings must be connected to a public water system. The public water system must be capable of meeting established service levels as determined by the Springfield Utility Board (SUB). Documentation must be submitted from SUB with the development application demonstrating that the water system meets the established service levels or what improvements must be completed by the applicant prior to occupancy of the proposed middle housing to ensure established service levels are met.

Streets. The subject property must have access that meets the standards in SDC 4.2.120(A) and the fire apparatus access road standards as required by and in compliance with the Oregon Fire Code.

Master Planned Areas. All middle housing types must be allowed in Master Plan areas subject to the applicable standards and criteria in this code.

Examples of Duplex, Triplex, and Fourplex Configurations. The following figures illustrate examples of possible configurations for duplexes, triplexes, and fourplexes. Other configurations are also possible and acceptable, provided the development meets the definitions and development standards for middle housing.

Stacked duplex

Side-by-side duplex

Duplex attached by breezeway

Detached duplex units side-by-side

Duplex attached by garage wall

Detached duplex units front and back

Attached triplex front and back

Stacked fourplex

Attached triplex side-by-side

Detached fourplex

(6443)

3.2.255 Triplex and Fourplex.

New triplexes and fourplexes, including those created by adding building square footage on a site occupied by an existing dwelling, must comply with the standards listed below. These standards do not apply to creation of a triplex or fourplex through conversion of a detached single-unit dwelling.

Entry Orientation. At least 1 main entrance for each triplex or fourplex structure must meet the standards in subsections (A)(1) and (2) below. Any detached structure for which more than 50 percent of its street-facing façade is separated from the street property line by a dwelling is exempt from meeting these standards.

The main entrance must be within 8 feet of the longest street-facing wall of the dwelling unit; and

The main entrance must either:

Face the street. See Figure 3.2-A;

Be at an angle of up to 45 degrees from the street. See Figure 3.2-B;

Face a common open space that is adjacent to the street and is abutted by dwellings on at least 2 sides. See Figure 3.2-C; or

Open onto a porch (see Figure 3.2-D). The porch must:

Be at least 25 square feet in area; and

Have at least 1 entrance facing the street or have a roof.

Figure 3.2-A. Main Entrance Facing the Street

Figure 3.2-B. Main Entrance at 45 Degree Angle from the Street

Figure 3.2-C. Main Entrance Facing Common Open Space

Figure 3.2-D. Main Entrance Opening onto a Porch

Window and Door Coverage. A minimum of 15 percent of the area of all street-facing elevations must include windows or entrance door. Elevations separated from the street property line by a dwelling are exempt from meeting this standard. See Figure 3.2-E.

Figure 3.2-E. Window and Door Coverage

Garages and Off-Street Parking Areas. Garages and off-street parking areas must not be located between a building and a public street (other than an alley), except in compliance with the standards in subsections (C)(1) and (2) below.

The garage or other off-street parking area is separated from the street property line by a dwelling; or

The combined width of all garages and outdoor on-site parking and maneuvering areas does not exceed a total of 50 percent of the street frontage.

Driveway Approach. Driveway approaches must comply with the applicable standards in SDC 4.2.120.

Conversions to Triplex and Fourplex. Internal conversion of an existing detached single unit structure or duplex to a triplex or fourplex is allowed provided that the conversion does not increase nonconformance with applicable clear and objective standards, unless increasing nonconformance is otherwise permitted according to SDC 5.8.125.

(6443; Ord. 6466, 11/20/2023)

3.2.260 Cottage Cluster Housing.

Purpose and Title. Cottage Cluster Housing is a type of flexible site development or subdivision that allows 4 or more small-scale dwelling units, either attached or detached, grouped together around shared open space.

Density and Lot Size. The net density and minimum lot size must be as provided in Table 3.2.215. There are no minimum dimensions for individual cottage lots if divided as specified in SDC 5.12.100 or 5.12.200.

Number of Dwelling Units.

A Cottage Cluster development must include a minimum of 4 dwelling units.

Dwelling Unit Size.

The maximum building footprint size for each dwelling unit is 900 square feet. For each dwelling unit, 200 square feet for an attached garage or carport is exempt from the 900 square foot maximum.

Detached garages, carports, or other accessory structures are exempt from the 900 square foot maximum footprint.

Accessory Structures. Accessory structures must not exceed 400 square feet in floor area.

(F)

Setbacks. The following perimeter setbacks apply to the perimeter of a Cottage Cluster development area.

Front setbacks: Ten feet.

Side setbacks: Five feet.

Rear setbacks: Five feet.

(G)

Building Separation. The minimum distance between structures must be in accordance with the building code requirements.

(H)

Building Height. The maximum height of structures in a cottage cluster project is 35 feet.

(I)

Orientation. 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. See Figure 3.2-J.

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

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

Have a main entrance facing the common courtyard;

Be within 10 feet from the common courtyard, measured from the elevation of the cottage nearest the courtyard to the nearest edge of the common courtyard; and

Be connected to the common courtyard by a pedestrian path.

Cottages within 20 feet of a street property line may have their entrances facing the street.

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.

(J)

Common Courtyard Design Standards. Each cottage cluster must share a common courtyard to provide a sense of openness and community of residents. Common courtyards must meet the following standards. See Figure 3.2-J.

The common courtyard must be a single, contiguous piece.

Cottages must abut the common courtyard on at least 2 sides of the courtyard.

The common courtyard must contain a minimum of 150 square feet per cottage within the associated cluster.

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

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 percent of the total common courtyard area.

Pedestrian paths must be included in a common courtyard. Paths that are contiguous to a courtyard count toward the courtyard’s minimum dimension and area. Parking areas, and driveways do not qualify as part of a common courtyard.

(K)

Community Buildings. Cottage cluster projects may include community buildings for the shared use of residents that provide space for accessory uses such as community meeting rooms, guest housing, exercise rooms, day cares, or community eating areas. If community buildings are provided, they must meet the following standards.

Each cottage cluster is permitted 1 community building.

A community building that meets the development code’s definition of a dwelling unit must meet the maximum 900 square foot footprint limitation that applies to cottages, unless a covenant is recorded against the property stating that the structure is not a legal dwelling unit and will not be used as a dwelling.

(L)

Pedestrian Access.

An ADA accessible pedestrian path must be provided that connects the main entrance of each cottage to the following:

The common courtyard;

Parking areas (if provided);

Community buildings; and

Sidewalks in public rights-of-way abutting the site or rights-of-way if there are not sidewalks.

The pedestrian path must be hard-surfaced and a minimum of 4 feet wide.

(M)

Windows. Cottages within 20 feet of a street property line must meet any window coverage requirement that applies to detached single-unit dwellings in the same residential land use district.

(N)

Parking Design. Any proposed off-street parking spaces and parking lots must meet the following criteria;

Parking Location and Access.

Off-street parking spaces and vehicle maneuvering areas must not be located:

Within 5 feet from any street property line, except alley property lines; or

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.

Off-street parking spaces must not be located within 5 feet of any other property line, except alley property lines. Driveways and drive aisles are permitted within 10 feet of other property lines.

Off-street parking spaces may be provided in a garage or carport provided that the garage or carport complies with the parking location and access criteria in this subsection.

Clustered Parking. Off-street parking may be arranged in clusters, subject to the following standards.

A cottage cluster project with fewer than 16 cottages is permitted to have parking clusters of not more than 5 contiguous spaces in each parking cluster.

A cottage cluster project with 16 cottages or more is permitted to have parking clusters of not more than 8 contiguous spaces in each parking cluster.

Parking clusters must be separated from other spaces and other parking clusters by at least 4 feet of landscaping.

Clustered parking areas may be covered.

Driveway Approach. Driveway approaches must comply with the applicable standards in SDC 4.2.120.

Screening. Landscaping, fencing, or walls at least 3 feet tall must separate clustered parking areas and parking structures from common courtyards and public streets.

Garages and Carports.

Garages and carports (whether shared or individual) must not abut common courtyards.

Individual attached garages up to 200 square feet in size are exempt from the calculation of maximum building footprint for cottages.

Individual detached garages must not exceed 400 square feet in floor area.

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

(O)

Existing Structures. On a lot or parcel to be used for a cottage cluster project, an existing detached single unit dwelling on the same lot or parcel at the time of proposed development of the cottage cluster may remain within the cottage cluster project area under the following conditions:

The existing dwelling may be non-conforming with respect to the requirements of this code.

The existing dwelling may be expanded up to the maximum height in (H) above or the maximum building footprint in (D) above; however, existing dwellings that exceed the maximum height and/or footprint of this code cannot be expanded.

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

The existing dwelling is excluded from the calculation of orientation toward the common courtyard.

(P)

Accessory Structures. Accessory structures must not exceed 400 square feet in floor area.

(Q)

Home Types.

Detached or attached dwelling unit types containing 1 to 4 dwelling units are allowed.

Accessory dwelling units (ADUs) (either within, attached, or detached) are allowed for any detached or attached dwelling in a cluster housing development.

(6443; Ord. 6465, 11/20/2023)

3.2.265 Townhouses.

New townhouse units must comply with the requirements in subsections (A)(1) through (4) of this section.

For purpose of this section, a “townhouse” means (as defined in SDC 6.1.100) a dwelling unit that is part of a row of 2 or more attached dwelling units, where each unit is located on an individual lot or parcel and shares at least 1 common wall with an adjacent dwelling unit. Single unit attached homes may have detached garages or ADUs that share a common wall between the 2 lots or parcels.

Areas Owned in Common. Common areas must be maintained by a homeowner’s association or other legal entity. A homeowner’s association may also be responsible for exterior building maintenance. A copy of any applicable covenants, restrictions, and conditions must be recorded and provided to the City prior to issuance of building permits.

Entry Orientation. The main entrance of each townhouse must:

Be within 8 feet of the longest street-facing wall of the dwelling unit, if the lot has public street frontage; and

Either:

Face the street. See Figure 3.2-A;

Be at an angle of up to 45 degrees from the street. See Figure 3.2-B;

Face a common open space (See Figure 3.2-C) or private access or driveway that is abutted by dwellings on at least 2 sides; or

(iv)

Open onto a porch. See Figure 3.2-D. The porch must:

Be at least 25 square feet in area; and

Have at least 1 entrance facing the street or have a roof.

Windows. A minimum of 15 percent of the area of all street-facing elevations on each individual unit must include windows or entrance doors. Half of the window area in the door of an attached garage may count toward meeting this standard. See Figure 3.2-E.

Driveway Access and Parking. Townhouses with frontage on a public street must meet the following standards if providing off-street parking:

Garage on the front façade of a townhouse, off-street parking areas in the front yard, and driveways in front of a townhouse are allowed if they meet the following standards. See Figure 3.2-M.

Each townhouse lot has a street frontage of at least 15 feet on a local street.

The garage width must not exceed 12 feet, as measured from the inside of the garage door frame.

The driveway or driveways comply with the standards in SDC 4.2.120.

The following standards apply to driveways and parking areas for townhouse projects that do not meet all the standards in subsection (A)(4)(a) above.

Off-street parking areas must be accessed on the back façade or located in the rear yard. No off-street parking is allowed in the front yard or side yard of a townhouse.

A townhouse project that includes a corner lot must take access from a single driveway approach, that complies with the standards in SDC 4.2.120 for single-unit dwellings, located on the side of the corner lot. See Figure 3.2-N.

Figure 3.2-M. Townhouses with Parking in Front Yard

Figure 3.2-N. Townhouses on Corner Lot with Shared Access

Townhouse projects that do not include a corner lot must consolidate access for all lots into a single driveway that complies with the standards in SDC 4.2.120 for single-unit dwellings. The driveway and approach are not allowed in the area directly between the front façade and front lot line of any of the townhouses. See Figure 3.2-O.

Figure 3.2-O. Townhouses with Consolidated Access

(iv)

A townhouse project that includes consolidated access or shared driveways must grant access easements to allow normal vehicular access and emergency access.

Townhouse projects in which all units take exclusive access from a rear alley are exempt from compliance with subsection (A)(4)(b) above.

(6443; Ord. 6465, 11/20/2023)

3.2.270 Courtyard Housing.

Detached courtyard houses on individual lots are subject to the same standards as single unit detached housing, except that a 3-foot minimum side yard setback is allowed on 1 side of a typical lot and a 7-foot setback is required on the other side of the lot. As shown in Figure 3.2-P, this type of housing is permitted to allow development on narrow lots and still provide usable outdoor living area in side-oriented courtyards. The following standards are intended to promote compatibility and privacy between adjacent buildings and allow for building maintenance.

Setbacks Adjacent to Non-Courtyard Housing Development. When a courtyard house shares a side property line with a non-courtyard development (including vacant lots), the courtyard building must be set back from the common property line by a minimum of 7 feet.

Construction and Maintenance Easement. Prior to building permit approval, the applicant must submit a copy of a recorded easement for every courtyard house that guarantees rights for the purpose of construction and maintenance of structures and yards. The easement must stipulate that no fence or other obstruction can be placed in a manner that would prevent maintenance of structures on the subject lot.

Buffering. The building placement and design of windows must provide a buffer for the occupants of abutting courtyard lots. This standard is met by:

Placing ground-floor windows along the courtyard side of the house where views are directed into the yard(s) for the subject house;

By directing views away from neighboring lots yards (e.g., bay window); or

By using frosted glass or other permanent window covering that obscures any view to the exterior but allows light into the interior.

These standards do not apply to adjoining non-zero lot line lots.

Figure 3.2-P – Courtyard Housing

(6443)

3.2.275 Accessory Dwelling Unit (ADU).

Purpose. An accessory dwelling unit is intended to:

Provide the opportunity to add accessible and affordable units to existing neighborhoods and new residential areas;

Provide flexibility to accommodate changes in household size or composition over the course of time, allowing for intergenerational living and on-site caretakers or assistants;

Make efficient use of residential land; and

Fit into the neighborhood while maintaining stability, property values.

An accessory dwelling unit may be established by:

Converting an attic, basement, or garage or any other portion of the primary dwelling;

Adding floor area to the primary dwelling, including a second story;

Constructing a detached accessory dwelling unit on a lot or parcel with a primary single unit dwelling; or

Converting an existing dwelling unit to the accessory dwelling unit (if it is less than 800 square feet) and building a primary dwelling unit.

Applicability.

Accessory dwelling units are permitted on R-1 properties with a primary dwelling.

In instances where a development can meet the definition of a duplex and also meets the definition of a primary single unit dwelling with an accessory dwelling unit (ADU), the applicant must specify at the time of application whether the development is a duplex or a primary single unit dwelling with an ADU.

Accessory dwelling units are permitted on R-2 properties with a primary dwelling, according to the following standards.

On a lot or parcel with area 6,650 square feet or less, 1 or 2 accessory dwelling units are permitted.

On a lot or parcel with area greater than 6,650 square feet but not greater than 10,000 square feet, a minimum of 2 accessory dwelling units must be constructed.

An accessory dwelling unit is not permitted on a lot or parcel with area greater than 10,000 square feet.

If 2 accessory dwellings are constructed, at least 1 must be detached from the primary dwelling.

Accessory dwelling units are permitted on R-3 properties with a primary dwelling, according to the following standards.

On a lot or parcel with area 3,200 square feet or less, 1 or 2 accessory dwelling units are permitted.

On a lot or parcel with area greater than 3,200 square feet but not greater than 4,800 square feet, a minimum of 2 accessory dwelling units are permitted.

An accessory dwelling unit is not permitted on a lot or parcel with area greater than 4,800 square feet.

If 2 accessory dwellings units are constructed, at least 1 must be detached from the primary dwelling.

Accessory dwelling units are permitted within the Historic Overlay District subject to the provisions of SDC 3.3.910 through SDC 3.3.945.

Review. An accessory dwelling unit is reviewed under Type 1 procedure except in some cases in the Historic Overlay District or except as provided in SDC 3.2.275(G)(3) when the accessory dwelling unit is reviewed under a Type 2 procedure.

Submittal Requirements.

A plan drawn to scale and dimensioned showing:

The proposed accessory dwelling unit and its relation to the property lines;

The primary dwelling and other structures on the lot or parcel including fences, walls, and existing parking spaces and driveways;

Existing and proposed trees and landscaping;

Lot or parcel area and dimensions, percent of lot or parcel coverage, building height, entrance locations; location of utilities and meters, curb cuts, sidewalks (public and private) and any proposed off-street parking spaces or driveway;

Stormwater destination and/or facility;

(f)

A detailed floor plan of the accessory dwelling unit, drawn to scale with labels on rooms indicating uses or proposed uses; and

(g)

A separate written response demonstrating how the required development and design standards listed in SDC 3.2.275(F) and (G) can be met.

(F)

Development Standards. An accessory dwelling unit must meet the following standards:

The accessory dwelling unit must meet all applicable clear and objective standards in this code that apply to the primary dwelling, including, but not limited to, setbacks, height, lot or parcel coverage.

The accessory dwelling unit must contain a kitchen, bathroom, and sleeping area that are completely independent from the primary dwelling.

The accessory dwelling unit must not exceed 800 square feet or the square footage of the primary dwelling (exclusive of the garage for the primary dwelling), whichever is less.

The accessory dwelling unit must have an entrance that is separate from the entrance to the primary dwelling.

A hard surface walkway, a minimum of 3 feet wide, must be provided from the primary entrance of the accessory dwelling unit to the street or walkway serving the primary dwelling.

Each dwelling unit must have its own address.

(7)

Outdoor storage and garbage areas must be screened from view from adjacent properties and those across the street or alley with a minimum 42-inch tall 100-percent sight obscuring fence or enclosure on at least 3 sides.

(8)

If a manufactured home or a towable structure (that is permitted, inspected, and approved by the local authority having jurisdiction) is brought to the site as an accessory dwelling unit, it must have its tongue and towing apparatus removed.

(G)

Design Standards. An accessory dwelling unit within or attached to the main dwelling must either match the primary dwelling or meet the alternative standards. A newly constructed detached accessory dwelling unit must match the primary dwelling, meet clear and objective standards, or meet the alternative standards. Conversion of a structure to an accessory dwelling unit is not required to meet the design standards and may be approved under a Type 1 procedure; however, exterior alterations such as those necessary to meet building codes must meet relevant design standards below (match primary dwelling or meet clear and objective standards).

Match Primary Dwelling. An accessory dwelling unit may be approved under Type 1 procedure if it meets the following design standards except that these standards may be altered when necessary to meet current fire or building codes:

Exterior finish materials must be the same as or visually match those of the primary dwelling in terms of type, size, and placement.

Roof pitch must be the same as the predominant roof pitch of the primary dwelling.

The trim around the doors and windows must be the same type and finish as the primary dwelling.

Windows must match those of the primary dwelling in terms of proportion (height and width ratio) and orientation (vertical vs. horizontal).

Eaves must project from the accessory dwelling unit addition the same distance as the eaves on the primary dwelling.

Meet Clear and Objective Standards. A detached accessory dwelling unit may be approved under Type 1 procedure if it meets the following design standards:

Only non-reflective siding and roofing materials are allowed.

Minimum roof pitch is 3 in 12.

Eaves must project from the accessory dwelling unit at least 1 foot on all elevations.

The primary entry must have a covered or roofed entrance with a minimum depth and width of 3 feet.

Meet Alternative Standards. An accessory dwelling may be approved under Type 2 procedure if it meets the following design standards:

Siding, roofing materials, and windows must be similar to those used on residential dwellings in the surrounding neighborhood.