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. 
The development must conform with all other applicable standards of Title 19, unless a variance is granted per Section 19.911.
B. 
Single detached dwellings require a minimum lot size of 5,000 sq ft if the lot was created on or after June 3, 2022, the effective date of Ordinance #2218.
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.
B. 
The following encroachments into a side yard height plane are allowed:
1. 
Roof overhangs or eaves, provided that they do not extend more than 30 in horizontally beyond the side yard height plane.
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; Ord. 2260, 1/20/2026)
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 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.
(2) 
The yard exceptions in Subsection 19.501.2 are applicable for accessory structures.
(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.
4. 
Exceptions for Large Lots
Lots larger than 1 acre in size are allowed an exception to the Type C accessory structure height limitation and footprint size limitation of 75% of the primary structure.
a. 
The allowed exceptions are:
(1) 
The structure is allowed the base zone height limit or 25 ft, whichever is greater.
(2) 
The structure is allowed a maximum footprint of 1,500 sq ft, regardless of the footprint of the primary structure.
b. 
The exceptions are allowed with the following limitations:
(1) 
The sum of accessory structure footprints that exceed 75% of the footprint of the primary structure is limited to 2,500 sq ft.
(2) 
The side yard requirement shall be 20 ft, regardless of the base zone.
(3) 
The structure must conform to all other base zone and accessory structure regulations.
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 must meet clear vision standards provided in Chapter 12.24. Fences and walls in areas other than those obstructing the vision of passenger vehicle operators must 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.
(4) 
Middle housing plex development. All fences on the interior of a development must be no more than 6 ft high. Fences along the side and rear 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.
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.
(4) 
The installation of a solar energy system on a structure that has been designated as a Conditional Use or a Community Service Use is exempt from the reviews of Subsections 19.904.3 and 19.905.3.
(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.
a. 
The rainwater cistern is not mounted more than 2 ft above grade.
b. 
The rainwater cistern's storage capacity is 80 gallons or less.
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.
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.
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, 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
a. 
Front and rear yard: The minimum front and rear yard requirement for a single detached dwelling on a flag lot is 30 ft. This requirement is reduced to 20 ft for the development of middle housing.
b. 
Side yard. The minimum side yard for principal and accessory structures in flag lots is 10 ft.
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 must 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 must 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 10 ft.
c. 
Driveway Design and Emergency Vehicle Access
(1) 
Driveways must be designed and constructed in accordance with Chapters 12.16 and 12.24 and the Public Works Standards.
(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
a. 
Front and rear yard: The minimum front and rear yard requirement for a single detached dwelling on a back lot is 30 ft. This requirement is reduced to 20 ft for the development of middle housing.
b. 
Side yard. The minimum side yard for principal and accessory structures on back lots is 10 ft.
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
a. 
The driveway serving a back lot must have a minimum pavement width of 14 ft and maximum pavement width of 20 ft, subject to the requirements of the Fire Marshal and Chapters 12.16 and 12.24 and the Public Works Standards.
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
(1) 
Driveways must be designed and constructed in accordance with Chapters 12.16 and 12.24 and the Public Works Standards.
(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 must connect building entrances to one another and building entrances to adjacent public streets and existing or planned transit stops. On-site walkways must 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 must be reasonably direct, unless a longer distance is necessary to comply with ADA grade requirements. Internal parking lot circulation and design must provide reasonably direct access for pedestrians from streets and transit stops to primary buildings on the site. “Reasonably direct” means the walkway is no more than 120 percent of the straight-line distance between the entrance and the adjacent street or transit stop.
E. 
Design Standards
Walkways must be constructed with a hard surface material, must be permeable for stormwater, and must 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 must be provided. The walkways must be separated from parking areas and internal driveways using curbing, landscaping, or distinctive paving materials. On-site walkways must 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:
1. 
The site is vacant.
2. 
The proposed new development or redevelopment will result in reconfiguration of the transportation and development pattern for > 50% of the site.
3. 
The development is in the Flex Space Overlay Zone.
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:
(1) 
Major buildings, activity areas, and transit stops within the site plan boundaries and adjacent streets, pathways, and transit stops.
(2) 
Adjacent developments and the proposed development.
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.
C. 
Approval Criteria
In reviewing a proposed preliminary circulation plan, the Planning Director shall find compliance with the relevant portions of the Comprehensive Plan, Transportation System Plan, and Section 19.708 Transportation Facility Requirements.
D. 
Permit Process
A new preliminary circulation plan, or a revision to an approved preliminary circulation plan, is subject to Type II review per Section 19.1005.
(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. 2243, 5/21/2024; Ord. 2245, 8/6/2024; Ord. 2251, 5/6/2025; Ord. 2260, 1/20/2026; Ord. 2262, 3/3/2026)
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.
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) and is exempt from minimum base zone setback requirements and the minimum building separation requirements in Subsection 19.505.1.D.1.
4. 
Placement of a new manufactured home on a lot outside of a manufactured home park is subject to the requirements of Section 19.506 and the standards of Subsection 19.505.1.
5. 
Remodels of existing dwellings that affect the street-facing façade, but that do not add new area to the street-facing façade, must not bring the façade further out of conformance with design standards.
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:
(1) 
A porch at least 5 ft deep.
(2) 
A balcony that is at least 2 ft deep and is accessible from an interior room.
(3) 
A bay window that extends at least 2 ft wide.
(4) 
A section of the façade that is recessed by at least 2 ft deep and 6 ft long.
(5) 
A gabled dormer.
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.
a. 
Be no further than 8 ft behind the longest street-facing wall of the building.
b. 
Face the street, be at an angle of up to 45 degrees from the street, or open onto a porch. If the entrance opens up onto a porch, the porch must meet all of these additional standards:
(1) 
Be at least 25 sq ft in area with a minimum 4-ft depth.
(2) 
Have at least one porch entry facing the street.
(3) 
Have a roof that is no more than 12 ft above the floor of the porch.
(4) 
Have a roof that covers at least 30% of the porch area.
Figure 19.505.1.C.3 Main Entrances
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. 
Privacy and Screening
a. 
All fences on the interior of the development must be no more than 6 ft high. Fences along the side and rear 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.
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, duplex, triplex, or quadplex 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)
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.
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.
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.
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.
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.
7. Building Materials
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.
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
8. Landscapi ng
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
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.
9. Screening
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.
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.
10. Recycling Areas
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.
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.
11. Sustainability
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.
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.
12. Privacy Considerations
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.
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.
13. Safety
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.
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.
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.
B. 
Applicability
These standards apply to cottage cluster housing, as defined in Section 19.201, wherever this housing type is allowed by the base zones in Chapter 19.300. The standards apply to development of new cottage clusters and modifications to existing cottage clusters.
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.
Table 19.505.4.C.1
Cottage Cluster Development Standards
Standards
R-MD
R-HD, GMU, NMU, SMU
A. Home Types
1. Building types allowed, minimum and maximum number per cluster
Detached and Attached cottages
3 minimum
12 maximum dwelling units
Maximum number of attached units=3
Detached and Attached cottages
3 minimum
12 maximum dwelling units
Maximum number of attached units=4
B. Home Size
1. Max building footprint per dwelling unit
900 sf
2. Max average floor area per dwelling unit
1,400 sf
C. Height
1. Max height
25 ft or 2 stories, whichever is greater
2. Max structure height between 5 & 10 ft of rear lot line
15 ft
3. Max height to eaves facing common green
1.618 times the narrowest average width between two closest buildings
D. Setbacks, Separations, and Encroachments
1. Separation between structures (minimum)
6 ft
2. Side and rear site setbacks
5 ft
3. Front site setback (minimum)
10 ft
4. Front site setback (Maximum)
20 ft
5. Separation between clusters (minimum)
10 ft
E. Impervious Area, Vegetated Area
1. Impervious area (maximum)
60%
65%
2. Vegetated site area (minimum)
35%
35%
F. Community and Common Space
1. Community building footprint (maximum)1
1,000 sf
1,000 sf
2. Common Space
19.505.4.E.2
19.505.4.E.2
G. Parking (see also 19.505.4.E.4)
1. Automobile parking spaces per dwelling unit (maximum)
See MMC Section 19.605
See MMC Section 19.605
2. Bicycle Parking spaces per dwelling unit (minimum)
See MMC Section 19.609
1
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.
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:
(a) 
Have a main entrance facing the common courtyard;
(b) 
Be within 10 ft from the common courtyard, measured from the façade of the cottage to the nearest edge of the common courtyard; and
(c) 
Be connected to the common courtyard by a pedestrian path.
(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:
(1) 
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.
(a) 
A porch at least 5 ft deep.
(b) 
A balcony that is at least 2 ft deep and is accessible from an interior room.
(c) 
A bay window that extends at least 2 ft wide.
(d) 
A section of the façade that is recessed by at least 2 ft deep and 6 ft long.
(e) 
A gabled dormer.
(2) 
For buildings with less than 30 ft of street frontage, the building articulation standard is not applicable.
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) 
Window area is considered the entire area within the outer window frame, including any interior window grid.
(3) 
Doors used to meet this standard must face the street or be at an angle of no greater than 45 degrees from the street.
(4) 
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.
(1) 
Be no further than 8 ft behind the longest street-facing wall of the building.
(2) 
Face the street, be at an angle of up to 45 degrees from the street, or open onto a porch. If the entrance opens up onto a porch, the porch must meet all of these additional standards.
(a) 
Be at least 25 sq ft in area with a minimum 4-ft depth.
(b) 
Have at least one porch entry facing the street.
(c) 
Have a roof that is no more than 12 ft above the floor of the porch.
(d) 
Have a roof that covers at least 30% of the porch area.
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) 
The following design element counts as two 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. Cottages are not permitted to have an attached garage.
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, but not a garage or carport attached to a cottage. Garages or carports in a cottage cluster may not contain more than four 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.
2. 
Development standards for townhouses are in Subsections 19.301.4 and 19.302.4.
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.
4. 
Creation of new lots or parcels as part of a townhouse development is subject to the applicable land division process in Title 17 of this code.
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.
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.
(1) 
A porch at least 5 ft deep.
(2) 
A balcony that is at least 2 ft deep and is accessible from an interior room.
(3) 
A bay window that extends at least 2 ft wide.
(4) 
A section of the façade that is recessed by at least 2 ft deep and 6 ft long.
(5) 
A gabled dormer.
b. 
For buildings with less than 30 ft of street frontage, the building articulation standard is not applicable.
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.
a. 
Be no further than 8 ft behind the longest street-facing wall of the building.
b. 
Face the street, be at an angle of up to 45 degrees from the street, or open onto a porch. If the entrance opens up onto a porch, the porch must meet all of these additional standards.
(1) 
Be at least 25 sq ft in area with a minimum 4-ft depth.
(2) 
Have at least one porch entry facing the street.
(3) 
Have a roof that is no more than 12 ft above the floor of the porch.
(4) 
Have a roof that covers at least 30% of the porch area.
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 5 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.
4. 
A live/work unit is allowed instead of, or in addition to, a home occupation as defined by Section 19.201.
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 non-residential structures.
2. 
The standards in this section do not apply to townhouses or live/work units. Townhouses and live/work units are subject to the design standards in Subsections 19.505.5 Townhouses and 19.505.6 Live/Work Units.
3. 
The standards in this section do not apply to stand-alone multi-unit housing. Standalone multi-unit buildings are subject to the design standards in Subsection 19.505.3 Multi-Unit Housing.
4. 
The standards in this section do not apply to cottage cluster housing. Cottage cluster housing is subject to the design standards in Subsection 19.505.4 Cottage Cluster Housing.
5. 
The standards in this section do not apply to development in the Downtown Mixed Use Zone, which is subject to the Downtown Site and Design Standards in Section 19.508
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:
a. 
The primary entry to the building located at the corner.
b. 
A prominent architectural element, such as increased building height or massing, a cupola, a turret, or a pitched roof at, or within 20 ft of, the corner of the building.
c. 
The corner of the building cut at a 45-degree angle.
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. Any entrance that faces the parking area must be secondary to the primary entrance.
(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.
d. 
For all building windows facing streets, courtyards, and/or public squares, the following window elements are prohibited:
(1) 
Reflective, tinted, or opaque glazing.
(2) 
Simulated divisions (internal or applied synthetic materials).
(3) 
Exposed, unpainted metal frame windows.
5. 
Roofs
a. 
The intent of this standard is to enliven the pedestrian experience and create visual interest through roof form. The roof form of a building shall follow one (or a combination) of the following forms:
(1) 
Flat roof with parapet or cornice.
(2) 
Hip roof.
(3) 
Gabled roof.
(4) 
Dormers.
(5) 
Shed roof.
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.
a. 
The following rooftop equipment does not require screening:
(1) 
Solar panels, wind generators, and green roof features.
(2) 
Equipment under 2 ft in height.
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:
(1) 
A screen around the equipment that is made of a primary exterior finish material used on other portions of the building, wood fencing, or masonry.
(2) 
Green roof features or regularly maintained dense evergreen foliage that forms an opaque barrier when planted.
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.
This section is intended to meet State legislative requirements for the placement and design of manufactured homes on individual lots.
For the purposes of this section, the following definition shall apply:
"Manufactured home"
means a single-family residential structure as defined in ORS 446.003(21)(a) 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 U.S.C. Section 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 must meet the design standards in Subsection 19.505.1 and the following standards:
A. 
The unit must comply with the definition for manufactured home as identified in this section.
B. 
If provided, the unit must comply with single-family parking and paving standards as described in Chapter 19.600.
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; Ord. 2260, 1/20/2026)
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 or a primary operator 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.
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:
a. 
Subsection 19.508.4.A Site Frontage.
b. 
Subsection 19.508.4.E Building Entrances.
c. 
Subsection 19.508.4.M Plazas and Usable Open Space.
d. 
Townhouses are subject to the standards of Subsection 19.505.5 Town-houses, as revised by Subsection 19.304.3.B.1.
e. 
Live/work units are subject to the standards of Subsection 19.505.6 Live/Work Units.
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.
A. 
Applicants may elect to meet all of the applicable design standards for each design element in Section 19.508.4. Such projects can be reviewed through an administrative Type I downtown design review as established in Section 19.907.
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
(3) 
The Downtown Mixed Use (DMU) zone is exempt from the clear vision area requirements of Chapter 12.24, with the exception of driveway and street intersections with McLoughlin Boulevard.
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
(a) 
Cornice or wall cap including a change of materials with a minimum projection of 6 in and minimum height of 12 in.
(b) 
A pitched or overhang roof with a minimum fascia height of 7 in and eaves, exclusive of rain gutters, that project from the building wall at least 12 in.
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 applicant must provide materials specifications and proposed installation details to inform the determination.
i. 
Materials permitted as review uses in Table 19.508.4.C.
ii. 
Materials similar to the primary, secondary, and accent materials listed in Table 19.508.4.C.
(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):
(a) 
Provide a landscaped planting bed(s) with plant materials capable of obscuring or screening at least 50% of the blank wall's surface area within three years.
(b) 
Provide a public art mural or original art mural, as defined in Section 20.04.020, over at least 50% of the blank wall surface.
(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. Any entrance that faces the parking area must be secondary to the primary entrance.
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:
(1) 
Primary entrances for mixed-use and nonresidential buildings must be clearly defined and distinguished from other parts of the building by incorporating at least one of the following design elements:
(a) 
Recessed or projected entry.
(b) 
Entry surrounds such as arches, columns, insets, and design elements above and/or flanking the entrance.
(c) 
Transom windows above the entrance door.
(2) 
The glazed portions of doors for primary entrances must be 75% or more of the door area.
e. 
For residential-only buildings, primary entrances must:
(1) 
Incorporate one of the design elements in Subsection 19.508.4.E.2.d.(1) above; or
(2) 
Incorporate a covered porch, stoop, or patio with a minimum depth of 4 ft that may be elevated from sidewalk grade by no more than 8 ft.
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. 
General Standards
(1) 
Window openings must provide shadowing by recessing windows 4 in into the façade and/or incorporating exterior trim of at least 4-in reveal and of a contrasting material or color.
(2) 
The following materials are approved for new window frames:
(a) 
Anodized or painted aluminum windows
(b) 
Wood
(c) 
Fiberglass
(d) 
Alternatively, frameless window systems may be used.
(3) 
The use of spandrel glass is limited to floor lines and parapets.
(4) 
For modification and expansion of existing buildings, replacement windows must match existing windows with respect to materials and dimensions. Alternatively, landmarks subject to Section 19.403 must comply with Subsection 19.403.5.E.4.
b. 
Prohibited Window Elements
For all street-facing building windows, the following window elements are prohibited:
(1) 
Opaque, reflective or mirrored glazing. Opaque glazing is allowed on non-Main-Street façades as necessary for privacy (such as for bathrooms).
(2) 
Glazing tinted beyond energy code requirements.
(3) 
Simulated divisions (internal or applied synthetic materials).
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:
(a) 
Window shares the same width or height as another window on the same façade.
(b) 
The top or bottom edge of the window aligns with the top or bottom edge of another window on the same façade.
d. 
For modification and expansion of existing buildings, replacement windows must match existing windows with respect to materials and dimensions. alternatively, landmarks subject to Section 19.403 must comply with SubSection 19.403.5.E.4.
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:
(1) 
A step back of at least 6 ft along the street-facing portion of the building.
(2) 
The step back area may be used for balconies, roof-top gardens, or other common or private open spaces.
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.
Figure 19.508.4.H.2.b Building Façade Height Variation
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.
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.
See Figure 19.508.4.I.2.a for an illustration of these standards.
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
(1) 
The roof of a building must follow one (or a combination) of the following forms:
(a) 
Flat roof (less than 1/12 pitch) or low-slope roof (between 1/12 and 4/12 pitch)
(b) 
Hip roof
(c) 
Gabled roof
(d) 
Dormers
(e) 
Shed roof
(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
(1) 
The following rooftop elements do not require screening:
(a) 
Solar panels, wind generators, and green roof features.
(b) 
Equipment under 2 ft high, if set back a minimum of 10 ft from the outer edge of the roof.
(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:
(a) 
A screen around the equipment that is made of an exterior building material used on other portions of the building, or masonry.
(b) 
Vertical green roof features or regularly maintained, dense foliage that forms an opaque barrier year-round when planted.
(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.
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.
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.
A. 
Purpose
The purpose of this section is to offer incentives to developers for providing housing that is affordable to the types of households and qualifying residents identified in subsection B (Eligibility for Incentives), below. Affordable housing incentive requests of this chapter can be made concurrently as part of a land use permit application, as applicable.
B. 
Eligibility for Incentives
To be eligible for an adjustment and other incentives provided by this section, a proposed residential project must meet the following requirements:
1. 
Development must be middle housing, mixed-use residential, or multi-unit residential;
2. 
Middle housing, multi-unit, and mixed-use residential development must be designed and constructed so that at least:
a. 
Fifty percent (50%) of the total number of proposed dwelling units are restricted to households earning 60% - 80% Area Median Income (AMI) or below; or
b. 
Forty percent (40%) of the total number of proposed dwelling units are restricted to households earning 40% - 60% AMI or below; or
c. 
Thirty percent (30%) of the total number of proposed dwelling units are restricted to households earning 30% - 40% AMI or below; or
d. 
Twenty percent (20%) of the total number of proposed dwelling units are restricted to households earning less than 30% AMI; and
e. 
Comply with all applicable provisions of this title.
3. 
Where the calculation of the number of affordable units does not result in a whole number, the result will be rounded up to the nearest whole number.
4. 
The income restricted units must be reasonably dispersed throughout the development, must contain on average the same number of bedrooms as the market rate units in the development, and must be compatible with the design of the market rate units in terms of size, appearance, materials, and finish quality.
C. 
Types of Variances and Incentives Allowed
A residential project that satisfies all applicable provisions of this section is entitled to apply for the following incentives. A variance application may ask for no more than a total of 10 distinct variances between the development and design standards identified below. For the purposes of this section, multiple instances of the same variance type will be considered one distinct variance.
1. 
The following variances to development standards will be reviewed via an expedited Type II review process pursuant to Section 19.1005:
a. 
Minimum side yard setbacks: 40% reduction.
b. 
Minimum front, rear, street side yard setbacks: 25% reduction; 50% reduction for middle housing except cottage clusters.
c. 
Common area, minimum landscaping, or open space: reduction of up to 25%.
d. 
Minimum lot area: up to 25% reduction.
e. 
Minimum lot width or depth: up to 10% reduction.
f. 
Maximum lot coverage: up to 10 percentage points increase over the base maximum.
g. 
Bike parking: a reduction to the minimum number of long-term and short-term spaces (0.5 spaces/dwelling required for each) and location of spaces.
h. 
Maximum building height: for mixed-use residential developments in the Downtown Mixed Use (DMU) and the General Mixed Use (GMU) zones only and for multi-unit developments, an allowance of up to an additional 20 ft may be allowed. This adjustment does not apply to middle housing.
(1) 
In the DMU and the GMU zones, this bonus is in addition to allowable height bonuses for developments where 50% of the total number of proposed dwelling units are restricted to households earning no more than 60% AMI.
(2) 
In the GMU zone, a qualifying development that elects to use the allowable height bonuses is not subject to the Type III review identified in Subsection 19.911.7.
i. 
Maximum density: none.
j. 
In the DMU: ground-floor residential units are allowed on all streets.
k. 
In the DMU: nonresidential active uses that support the residential use, such as lobbies, community rooms, exercise rooms, offices, day care, etc., are allowed on the ground floor.
l. 
Townhouse developments: the allowed number of consecutive townhouses that share a common wall is increased to the number of townhouses that occupy a linear measurement of no more than 200 ft of street frontage.
2. 
The following variances to design standards will be reviewed via an expedited Type II review process (Section 19.1005):
a. 
Façade articulation: exempt from the standard.
b. 
Inclusion of a minimum of 3 detailed design features in Subsection 19.505.1.C.4, 19.505.4.D.4.d, and 19.505.5.C.4, rather than 5.
c. 
Total window area: reduction of up to 30%; minimum 12% required.
3. 
A development may use one of the following additional incentives:
a. 
For housing developments where 100% of the total number of proposed dwelling units are restricted to households earning 80% AMI or below the incentives identified in this subsection are increased by an additional 10% (10 percentage points) over the stated amount. This increase does not apply to building height. OR
b. 
For housing developments where 100% of the total number of proposed dwelling units are homeownership units and are eligible for the incentives as defined in Subsection 19.511.B, the incentives identified in this subsection are increased by an additional 10 percentage points over the stated amounts. This increase does not apply to building height. Homeownership developments must use a community land trust model, shared equity, or similar model, that can ensure continued affordability and compliance monitoring.
4. 
Other Incentives.
a. 
Qualifying multi-unit residential-only developments (not mixed-use developments) proposed in the DMU zone will be reviewed for compliance with Subsection 19.505.3 (Multi-Unit Housing).
b. 
This section does not prohibit developers of qualifying affordable residential projects from requesting other regulatory incentives or concessions from the City.
D. 
Continued Affordability
The land use permit application for the residential project must include the procedures proposed by the developer to maintain the continued affordability of the income-restricted units. Developments receiving a direct financial contribution, or other financial incentives from the City, or utilizing any of the incentives provided in this subsection, must maintain the availability of income-restricted homeownership units for a minimum of 60 years and of income-restricted rental units for a minimum of 99 years. Homeownership developments must use a community land trust model, shared equity, or similar model, that can ensure continued affordability and compliance monitoring. Developers must enter into a development agreement or provide legal proof of restriction/affordability covenant with the City of Milwaukie to ensure retention. This should also include the monitoring and verification process that will be utilized throughout the duration of the affordability term to ensure the appropriate income levels are being certified for prospective renters or buyers.
E. 
Processing of Incentive Requests
Proposed incentive requests must be included as part of the land use application or permitting materials required for the residential project by this title, including the application of all relevant criteria.
1. 
Approval Criteria. The approval of the incentives by the review body or City designee must also comply with the following approval criteria:
a. 
The approval criteria for Type II variances identified in Subsection 19.911.4.A; and
b. 
There are sufficient provisions to guarantee that the dwelling units will remain affordable in the future as required.
c. 
Evidence has been provided to show compliance with Subsection 19.511.B.4.
F. 
Priority Processing of Affordable Housing Projects
A residential project that satisfies all applicable provisions of this section will be given priority over other types of projects and permits by all City departments in the processing of land use permit and building permit applications, and in inspections of the project during the construction process.
(Ord. 2256, 9/2/2025)