City of Philomath, OR Chapter 18.35 RESIDENTIAL DISTRICTS

§ 18.35.010 Purpose.

The residential district is intended to promote the livability, stability and improvement of the city's neighborhoods. This chapter provides standards for the orderly expansion and improvement of neighborhoods based on the following principles:

A. Make efficient use of land and public services and implement the comprehensive plan by providing minimum and maximum density standards for housing.

B. Accommodate a range of housing needs, including owner-occupied and rental housing.

C. Provide for compatible building and site design at an appropriate neighborhood scale.

D. Reduce reliance on the automobile for neighborhood travel and provide options for walking, bicycling and transit use.

E. Provide direct and convenient access to schools, parks and neighborhood services.

F. Maintain and enhance the city's historic architecture and uses.

(Ord. 720 § 7[2.1.100], 2003)

§ 18.35.020 Allowed uses.

The land uses listed in Table 18.35.020 are allowed in the residential districts subject to the provisions of this chapter. Only land uses that are specifically listed in Table 18.35.020, and land uses that are approved as "similar" to those in Table 18.35.020, may be allowed.

Table 18.35.020 Land Uses and Building Types Allowed in the Residential Districts
R-1 Residential A. Allowed Uses	R-2 Residential A. Allowed Uses	R-3 Residential A. Allowed Uses
1) Accessory uses and structures.* 2) Accessory dwelling. 3) Duplex, on corner lots only with a minimum of 10,000 square feet. 4) Family day care home. 5) Governmental structure or use of land that does not receive the public.* 6) Home occupations; subject to PMC § 18.145.020. 7) Manufactured dwelling.* 8) Residential care home.* 9) Single-family dwelling. 10) Zero lot line dwelling.*	1) R-1 allowed uses. 2) Duplexes. 3) Single-family attached (townhomes) and triplexes.* 4) Zero lot line houses.*	1) R-2 allowed uses. 2) Multifamily dwelling.* 3) Residential care home.* 4) Residential care facility.* 5) Church, nonprofit religious or philanthropic institution. 6) Day care facility. 7) Nursery school, day nursery, kindergarten, or similar facility. 8) Manufactured home park.*

Uses marked with an asterisk (*) are subject to the standards in PMC § 18.35.100, Special standards for certain uses. Home occupations and temporary uses are subject to the standards in Chapter 18.145 PMC.

Table 18.35.020 Land Uses and Building Types Allowed in the Residential Districts
R-1 Residential B. Conditional Uses	R-2 Residential B. Conditional Uses	R-3 Residential B. Conditional Uses
The planning commission may grant a conditional use permit for the following uses: 1) Church, nonprofit religious or philanthropic institution. 2) Community center. 3) Day care facility. 4) Golf course or country club, but excluding golf driving range, miniature golf course, or similar facility. 5) Governmental structure or use of land, including park, playground, fire station or library.* 6) Nursery school, day nursery, kindergarten, or similar facility. 7) Nursing or retirement home. 8) Professional office, except veterinarian. 9) Public and private schools. 10) Recreational club such as tennis, swimming, or archery club, but excluding commercial amusement enterprise. 11) Residential care facility. 12) Single-family attached (townhomes), duplexes and triplexes.*	The planning commission may grant a conditional use permit for the following uses: 1) R-1 conditional uses unless allowed above. 2) Bed and breakfast. 3) Manufactured home parks.* 4) Neighborhood commercial. 5) Fourplex.*	The planning commission may grant a conditional use permit for the following uses: 1) R-2 conditional uses unless allowed above.

Uses marked with an asterisk (*) are subject to the standards in PMC § 18.35.100, Special standards for certain uses. Home occupations and temporary uses are subject to the standards in Chapter 18.145 PMC.

(Ord. 720 § 7[2.1.110], 2003; Ord. 734 § 1, 2005; Ord. 737 § 1, 2006; Ord. 833 § 4, 2018)

§ 18.35.030 Building setbacks.

Building setbacks provide space for private yards and building separation for fire protection/security, building maintenance, sunlight and air circulation. This section is also intended to promote human-scale design and traffic calming by downplaying the visual presence of garages along the street and encouraging the use of extra-wide sidewalks and pocket parks in front of markets and other nonresidential uses. The standards encourage placement of residences close to the street for public safety and neighborhood security.

Building setbacks are measured from the foundation wall to the respective property line. Setbacks for decks and porches requiring building permits are measured from the front edge of the deck or porch to the property line. The setback standards apply to primary structures and accessory structures.

A. Front Yard Setbacks.

1. Residential Uses (Single-Family, Duplex and Triplex, Multifamily Housing Types).

a. A minimum setback of 15 feet is required, except that an unenclosed porch may be within 10 feet, as long as it does not encroach into a public utility easement. See also subsection (F) of this section, which provides standards for setbacks for established residential areas.

b. Garages and carports shall be accessed from alleys or otherwise set back 20 feet.

c. Multifamily housing shall also comply with the building orientation standards in PMC § 18.35.080.

2. Public, Institutional, and Conditional Uses. The standards in subsection (A)(1) of this section shall not be required for buildings that do not receive the public (e.g., buildings used solely for storage or housing mechanical equipment, and similar uses).

B. Rear Yard Setbacks. The minimum rear yard setback shall be 15 feet for street-access lots and six feet for alley-access lots (all structures). For structures higher than one story, the rear yard setback shall be increased one foot for each additional foot in height over 25 feet, but not to exceed a 25-foot rear setback.

C. Side Yard Setbacks. The minimum side yard setback shall be five feet on interior side yards and 15 feet on street side yards; or when zero lot line development is allowed, the minimum side yard setbacks shall be 10 feet minimum on one side of the dwelling unit. (See standards for zero lot line housing in PMC § 18.35.100.)

D. Setback Exceptions. The following architectural features are allowed to encroach into the set-back yards no more than two feet: eaves, chimneys, bay windows, overhangs, uncovered or unenclosed porches and decks less than 30 inches in height and similar architectural features. Walls and fences may be placed on property lines, subject to the standards in Chapter 18.72, Fences, Hedges and Walls. Walls and fences within front yards shall additionally comply with the vision clearance standards in PMC § 18.65.020(N).

E. Special Yards – Distance Between Buildings on the Same Lot. To provide usable yard area and allow air circulation and light, the minimum distance between buildings on the same lot shall be at least one-half the sum of the height of both buildings; provided however, that in no case shall the distance be less than 10 feet. This requirement shall also apply to portions of the same buildings separated from each other by a court, landscape yard, or other open space.

F. Setbacks for Infill Housing in Established Residential Areas. "Established residential area" means an area within the residential district that was platted prior to the effective date of the ordinance codified in this chapter. In such areas, the following setback standards shall apply:

1. When an existing single-family residence on the same street is located within 20 feet of the subject site, a front yard setback similar to that of the nearest single-family residence may be used. "Similar" means the setback is within 10 feet of the setback provided by the nearest single-family residence on the same street. For example, if the existing single-family residence has a front yard setback of 25 feet, then the new building may have a front yard setback between 15 feet and 35 feet. If the new building is to be located between two existing residences, then the setback for the new building may be based on the average setback of both adjacent residences, plus or minus 10 feet.

2. In no case shall a front yard setback be less than 15 feet. Zero lot line houses shall comply with the standards for zero lot line housing in PMC § 18.35.100.

(Ord. 720 § 7[2.1.120], 2003; Ord. 734 § 1, 2005; Ord. 799 § 2, 2015)

§ 18.35.040 Lot standards.

Table 18.35.040 – Lot Standards
Land Use District	Lot Area	Lot Width/Depth	Related Standards
R-1 Single-Family Residential	Minimum: 7,000 square feet.   10,000 square feet for duplex dwellings.   Maximum: 150 percent of minimum.	Minimum width: 16 feet.   Maximum depth: Three times the lot width; except as may be required by this title (e.g., to protect sensitive lands, etc.).	Lot coverage: 35 percent.   Building height: 30 feet.
R-2 Duplex-Residential	Minimum: 6,000 square feet.   8,000 square feet for duplex dwellings and 3,600 square feet for each additional dwelling.   Maximum: 150 percent of minimum.	Minimum width: 16 feet.   Maximum depth: Three times the lot width; except as required to protect sensitive lands, etc.	Lot coverage: 40 percent.   Building height: 30 feet.
R-3 Multifamily Residential Housing (More than Three Units)	Minimum: 5,000 square feet.   7,200 square feet for duplex dwellings and 2,500 square feet for each additional dwelling.   High Density Development*: Studio/1 BD – 1,500 SF 2 BD – 1,800 SF 3 BD – 2,100 SF 4+ BD – 2,400 SF   Maximum area: None.	Minimum width: 16 feet.   Maximum depth: None.	Lot coverage: 80 percent – inclusive of impervious vehicular surfaces.   Building height: 40 feet.
Manufactured Home Parks	See PMC § 18.35.100 for manufactured home park standards.
Allowed Public, Institutional, or Conditional Uses	Minimum area: None.   Maximum area: None.	Minimum width: None.   Maximum depth: None.	Lot coverage: Underlying zone.   Building height: Underlying zone.

* Restricted to properties adjacent to collector and arterial streets as identified in the city's transportation system plan (TSP).

(Ord. 720 § 7[2.1.130], 2003; Ord. 799 § 3, 2015; Ord. 806 § 1, 2016)

§ 18.35.050 Flag lots and lots accessed by mid-block lanes.

Some lots in existing neighborhoods may have standard widths but may be unusually deep compared to other lots in the area. Essentially unused space at the back of a lot may provide room for one or more lots for infill housing. Infill lots may be developed as "flag lots" or "mid-block developments" as defined below:

A. Mid-Block Lanes. Lots may be developed without frontage onto a public street when lot access is provided by a series of mid-block lanes. Mid-block lanes shall be required whenever practicable as an alternative to approving flag lots.

B. Flag Lots. Flag lots may be created only when mid-block lanes or alleys cannot be extended to serve future development. A flag lot must have at least 16 feet of frontage on a public way and may serve no more than two dwelling units, including accessory dwellings and dwellings on individual lots or other commercial or industrial uses. A minimum width of 12 feet of frontage for each lot shall be required when three or more flag lots are using a shared access. In no instance may more than four parcels utilize a joint access; in such instances the properties shall be served by a public or private street as the case may dictate.

C. Dedication of Shared Drive Lane. A drive serving more than one lot shall have a reciprocal access and maintenance easement recorded for all lots. No fence, structure or other obstacle shall be placed within the drive area. The owner shall record an easement from each property sharing a drive for vehicle access similar to an alley. Dedication or recording, as applicable, shall be so indicated on the face of the subdivision or partition plat.

D. Maximum Drive Lane Length. The maximum drive lane length is subject to requirements of the Uniform Fire Code, but shall not exceed 150 feet for a shared drive, and 400 feet for a shared rear lane.

E. Future Street Plans. Building placement and alignment of shared drives shall be designated so that future street connections can be made as surrounding properties develop.

(Ord. 720 § 7[2.1.140], 2003; Ord. 778 § 1, 2011; Ord. 799 § 4, 2015)

§ 18.35.060 Maximum lot coverage.

See Table 18.35.040.

(Ord. 720 § 7[2.1.160], 2003; Ord. 737 § 1, 2006)

§ 18.35.070 Building height.

See Table 18.35.040.

The following building height standards are intended to promote land use compatibility and support the principle of neighborhood-scale design:

A. Building Height Standard. Buildings within the residential districts shall be no more than 30 feet in height; except buildings within the multifamily subdistrict may be up to 40 feet. Building height may be restricted to less than these maximums to comply with the building height transition standard in subsection (C) of this section.

B. Method of Measurement. Building height shall be measured from the average original grade at the building foundation to the highest point of the roof.

C. Building Height Transition. To provide compatible building scale and privacy between developments, taller buildings shall "step down" to create a building height transition to adjacent single-story building(s).

1. This standard applies to new and vertically expanded buildings within 20 feet (as measured horizontally) of an existing single-story building with a height of 20 feet or less.

2. The building height transition standard is met when the height of the taller building ("x") does not exceed ("y"), the distance between the buildings.

(Ord. 720 § 7[2.1.170], 2003; Ord. 737 § 1, 2006; Ord. 799 § 5, 2015)

§ 18.35.080 Building orientation.

A. Purpose. The following standards are intended to orient buildings close to streets to promote human-scale development, slow traffic down, and encourage walking in neighborhoods. Placing residences and other buildings close to the street also encourages security and safety by having more "eyes on the street."

B. Applicability. This section applies to: single-family attached townhomes that are subject to site design review (three or more attached units); multifamily housing; neighborhood commercial buildings; and public and institutional buildings, which receive the public.

C. Building Orientation Standards. All developments listed in subsection (B) of this section shall be oriented to a street. The building orientation standard is met when all of the following criteria are met:

1. Compliance with the setback standards in PMC § 18.35.030.

2. All buildings shall have their primary entrance(s) oriented to the street. Multifamily and neighborhood commercial building entrances may include entrances to individual units, lobby entrances, or breezeway/courtyard entrances (i.e., to a cluster of units or commercial spaces). Alternatively, a building may have its entrance oriented to a side yard when a direct pedestrian walkway is provided between the building entrance and the street in accordance with the standards in Chapter 18.65 PMC, Access and Circulation. In this case, at least one entrance shall be provided not more than 20 feet from the closest sidewalk or street.

3. Where applicable, the primary building entrance shall be oriented to the site's frontage that is adjacent to an existing or planned transit stop in order to provide more direct access to transit. Where a transit stop exists or is planned on, or directly adjacent to, the site, orienting the primary entrance to a side yard shall not be permitted.

(Ord. 720 § 7[2.1.180], 2003; Ord. 737 § 1, 2006; Ord. 832 § 3, 2018)

§ 18.35.090 Architectural standards.

A. Purpose. The architectural standards are intended to provide detailed, human-scale design while affording flexibility to use a variety of building styles.

B. Applicability. This section applies to all of the following types of buildings and shall be applied during site design review:

1. Single-family attached townhomes that are subject to site design review (three or more attached units);

2. Multifamily housing; and

3. Public and institutional buildings.

C. Standards. All buildings that are subject to this section shall comply with all of the following standards. The graphics provided with each standard are intended to show examples of how to comply. Other building styles and designs can be used to comply, so long as they are consistent with the text of this section. An architectural feature may be used to comply with more than one standard.

D. Building Form. The continuous horizontal distance (i.e., as measured from end-wall to end-wall) of individual buildings shall not exceed 80 feet. All buildings shall incorporate design features such as offsets, balconies, projections, window reveals, or similar elements to preclude large expanses of uninterrupted building surfaces, as shown in the above figure. Along the vertical face of a structure, such features shall occur at a minimum of every 40 feet, and on each floor shall contain at least two of the following features:

1. Recess (e.g., deck, patio, courtyard, entrance or similar feature) that has a minimum depth of four feet;

2. Extension (e.g., floor area, deck, patio, entrance, or similar feature) that projects a minimum of two feet and runs horizontally for a minimum length of four feet; and/or

3. Offsets or breaks in roof elevation of two feet or greater in height.

E. Eyes on the Street. All building elevations visible from a street right-of-way shall provide doors, porches, balconies, and/or windows. A minimum of 40 percent of front (i.e., street-facing) elevations and a minimum of 30 percent of side and rear building elevations, as applicable, shall meet this standard. "Percent of elevation" is measured as the horizontal plane (lineal feet) containing doors, porches, balconies, terraces and/or windows. The standard applies to each full and partial building story.

F. Detailed Design. All buildings shall provide detailed design along all elevations (i.e., front, rear and sides). Detailed design shall be provided by using at least three of the following architectural features on all elevations, as appropriate for the proposed building type and style (may vary features on rear/side/front elevations):

1. Dormers.

2. Gables.

3. Recessed entries.

4. Covered porch entries.

5. Cupolas or towers.

6. Pillars or posts.

7. Eaves (minimum six-inch projection).

8. Offsets in building face or roof (minimum 16 inches).

9. Window trim (minimum four inches wide).

10. Bay windows.

11. Balconies.

12. Decorative patterns on exterior finish (e.g., scales/shingles, wainscoting, ornamentation, and similar features).

13. Decorative cornices and roof lines (e.g., for flat roofs).

14. An alternative feature providing visual relief, similar to subsections (F)(1) through (F)(13) of this section.

(Ord. 720 § 7[2.1.190], 2003)

§ 18.35.100 Special standards for certain uses.

This section supplements the standards contained in PMC § 18.35.010 through 18.35.090. It provides standards for the following land uses in order to control the scale and compatibility of those uses within the residential district:

A.

"Zero Lot Line"

(Single-Family Courtyard Home). "Zero lot line" houses are subject to the same standards as single-family housing, except that a side yard setback is not required on one side of a typical lot (as shown below). This type of housing is allowed to allow development on smaller (i.e., narrower) lots and still provide usable outdoor living area in side-oriented courtyards. The following standards are intended to promote compatibility and privacy between adjacent buildings and allow for building maintenance:

1. Setbacks Adjacent to Non-Zero Lot Line Development. When a zero lot line house shares a side property line with a non-zero lot line development, the zero lot line building shall be set back from the common property line by a minimum of 10 feet.

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

B. Accessory Dwelling. An accessory dwelling is an interior, attached, or detached residential structure that is used in connection with, or that is accessory to, a single-family dwelling. Accessory dwellings, where allowed, are subject to review and approval through a Type I procedure pursuant to PMC § 18.105.030 and shall conform to all of the following standards:

1. Oregon Structural Specialty Code. The structure complies with the Oregon Structural Specialty Code;

2. Owner-Occupied. The primary or accessory dwelling shall be owner-occupied when located within the low density residential R-1 zone. Alternatively, the owner may appoint a family member as a resident caretaker of the principal house and manager of the accessory dwelling;

3. One Unit. A maximum of one accessory dwelling unit is allowed per lot;

4. Floor Area. The maximum floor area of the accessory dwelling shall not exceed 900 square feet and shall be comprised of no more than two bedrooms and no more than one bathroom and no more than one attached garage of not more than 300 square feet;

5. Building Height. The building height of new detached accessory dwellings (i.e., separate cottages) shall not exceed 25 feet or the height of primary dwelling, whichever is less;

6. Buffering. A minimum four-foot hedge or fence may be required to buffer a detached accessory dwelling from dwellings on adjacent lots, when buffering is necessary for the privacy and enjoyment of yard areas by either the occupants or adjacent residents;

7. Setbacks. Rear and side yard setbacks shall be the same as those for the primary dwelling. The front of the accessory structure shall be no closer to the front property line than the primary dwelling;

8. Off-Street Parking. One additional off-street parking space is required;

9. Road Approach. The road approach shall be shared with the primary dwelling;

10. Utilities. Water, sewer and stormwater utilities may be connected to the primary dwelling without requiring payment of additional system development charges. If utilities are not connected to the primary dwelling, system development charges for water, sewer, stormwater, transportation and parks shall be required prior to issuance of a building permit; and

11. Variances. Variances from these standards due to specific situations of the subject property may be recommended by the public works director and approved by the planning official.

C. Manufactured Homes on Individual Lots. Manufactured homes are allowed on individual lots, subject to all of the following design standards consistent with ORS 197.307(5).

1. Floor Plan. The manufactured home shall be multisectional and have an enclosed floor area of not less than 1,000 square feet.

2. Roof. The manufactured home shall have a pitched roof with a slope not less than three feet in height for each 12 feet in width (14 degrees).

3. Residential Building Materials. The manufactured home shall have exterior siding and roofing, which in color, material and appearance are similar or superior to the exterior siding and roof material used on nearby residences (e.g., horizontal wood or wood-appearance siding is considered superior to metal siding and roofing).

4. Garages and Carports. The manufactured home shall have a garage or carport constructed of like materials when nearby residences within 200 feet of the property have carports or garages. The city may require an attached or detached garage where that would be consistent with the predominant construction of immediately surrounding residences.

5. Thermal Envelope. The manufactured home shall be certified by the manufacturer to meet the thermal envelope requirements equivalent to those for a single-family dwelling constructed under the State Building Code. Evidence demonstrating that the manufactured home meets "Super Good Cents" energy efficiency standards is deemed to satisfy the exterior thermal envelope certification requirement. Additional manufacturers certification shall not be required.

6. Placement. The manufactured home shall be placed on an excavated and back-filled foundation and enclosed at the perimeter such that the manufactured home is located not more than 16 inches above grade, and complies with the minimum setup standards of the adopted state Administrative Rules for Manufactured Dwellings, Chapter 918. Where the building site has a sloped grade, no more than 16 inches of the enclosing material shall be exposed on the uphill side of the home.

7. Foundation Skirt. The foundation area of the manufactured home shall be fully skirted.

8. Prohibited. The manufactured home shall not be located in a designated historic district.

D. Manufactured Home Park. Manufactured home parks are allowed on parcels of five acres or larger, subject to compliance with subsections (D)(1) through (D)(5) of this section:

1. Allowed Uses. Single-family residences, manufactured home park manager's office, home occupations, and accessory structures which are necessary for the operation and maintenance of the manufactured home park (e.g., landscape maintenance).

2. Space. The minimum size pad or space for each home is 2,500 square feet; provided, that the overall density of the park does not exceed 12 units per acre. Each space shall be at least 30 feet wide and 40 feet long, in accordance with ORS 446.100(1)(c).

3. Setbacks and Building Separation. The minimum setback between park structures and abutting properties is 10 feet. The minimum setback between park structures and public street right-of-way is 15 feet. At least a 10-foot separation shall be provided between all dwellings. Dwellings shall be placed a minimum of 14 feet apart where flammable or combustible fuel is stored between units. Park structures shall be placed no closer than five feet to a park street or sidewalk/pathway. An accessory structure shall not be located closer than six feet to any other structure or dwelling, except that a double carport or garage may be built which serves two dwellings. When a double carport/garage is built, the carport/garage shall be separated from all adjacent structures by at least three feet.

4. Landscaping/Buffering. Manufactured home parks shall be landscaped as follows:

a. When manufactured homes are oriented with their back or side yards facing a public right-of-way, the planting of a six-foot-wide landscape buffer between the right-of-way and a manufactured home park is required for the privacy and security of residents or aesthetics of the street-scape.

b. The park shall provide landscape screening along the park boundary abutting adjacent properties.

c. The landscape screening shall consist of evergreen trees or shrubs of a minimum three feet in height, which are spaced so they provide a semicontinuous screen at maturity. Alternative screening devices subject to prior approval may be utilized if they conceal the manufactured home park as effectively as the required landscaping described above and provided the screening is kept in good repair.

d. Exposed ground surfaces in all parts of the manufactured home park shall be paved, covered with stone or other solid material, or protected with grass, trees, or shrubs that are capable of preventing soil erosion. The ground surface in all parts of every manufactured home park shall be graded and equipped to drain all surface water in a safe, efficient manner.

e. Minimum 20 percent of the site shall be dedicated to open space, excluding roads, and shall be designated on the site plan. Should recreational areas also be proposed, these shall also be shown on the plans.

5. House Design. Manufactured homes in parks shall meet the following design standards, consistent with ORS 197.314(6):

a. The manufactured home shall have a pitched roof with a slope not less than three feet in height for each 12 feet in width (14 degrees).

6. Streets and Sidewalks. All streets within the park shall be constructed and paved in accordance with city standards for local roads as outlined in the city's transportation system plan (TSP) unless other standards are approved by the planning commission. The manufactured home park shall be provided with a walk system in conformance with city requirements. Two access points shall be provided to a major street to allow a secondary access for emergency vehicles. A boulevard entrance extending to the first intersection of interior park streets shall be interpreted as satisfying this requirement.

7. On-Site Sales. The business of selling or storing new and/or used manufactured homes as a commercial operation in connection with the operation of a manufactured home development is prohibited. New or used manufactured homes located on lots within the manufactured home development to be used and occupied on that site may be sold by a licensed dealer and/or broker. This section shall not prohibit the sale of a used manufactured home by an owner of the manufactured home, provided the development permits the sale.

8. Signage. There shall be a maximum of two 16-square-foot monument signs per street frontage with an entrance that shall bear the name and address of the manufactured home park. Such signs shall be located 10 feet from the lot line/right-of-way line and shall comply with Chapter 18.95 PMC, Regulating Placement of Signs.

E. Single-Family Attached (Townhomes), Duplexes and Triplexes. Single-family attached housing (townhomes on individual lots), duplex and triplex developments shall comply with the standards in subsections (E)(1) through (E)(4) of this section. The standards are intended to control development scale; avoid or minimize impacts associated with traffic, parking, and design compatibility; and ensure management and maintenance of common areas.

1. Building Mass Supplemental Standard. Within the residential district, the maximum number and width of consecutively attached townhomes (i.e., with attached walls at property line) shall not exceed four units, or 80 feet (from end-wall to end-wall), whichever is less. Within the multifamily subdistrict, the number and width of consecutively attached townhome units shall not exceed eight units, or 120 feet, whichever is less.

2. Alley Access. Townhomes, duplex and triplex subdivisions (four or more lots) shall receive vehicle access only from a rear alley. Alley(s) shall be created at the time of subdivision approval, in accordance with PMC § 18.80.020, Transportation improvements, and Chapter 18.115 PMC, Land Divisions and Lot Line Adjustments. Alleys are not required when existing development patterns or topography make construction of an alley impracticable (see subsection (E)(3) of this section for standards). As necessary, the city shall require dedication of rights-of-way or easements and construction of pathways between townhomes lots (e.g., between building breaks) to implement the standards in Chapter 18.65 PMC, Access and Circulation).

3. Street Access Developments. Townhomes, duplexes and triplexes receiving access directly from a public or private street shall comply with all of the following standards in order to minimize interruption of adjacent sidewalks by driveway entrances, slow traffic, improve appearance of the streets, and minimize paved surfaces for better stormwater management.

a. When garages face the street, they shall be recessed behind the front elevation (i.e., living area or covered front porch) by a minimum of four feet.

b. The maximum combined garage width per unit is 50 percent of the total building width. For example, a 24-foot-wide unit may have one 12-foot-wide recessed garage facing the street.

c. Two adjacent garages shall share one driveway when individual driveways would otherwise be separated by less than 20 feet (i.e., the width of one on-street parking space). When a driveway serves more than one lot, the developer shall record an access and maintenance easement/agreement to benefit each lot prior to building permit issuance.

4. Common Areas. "Common areas" (e.g., landscaping in private tracts, shared driveways, private alleys, and similar uses) shall be maintained by a homeowner's association or other legal entity. A homeowner's association may also be responsible for exterior building maintenance. A copy of any applicable covenants, restrictions and conditions shall be recorded and provided to the city prior to building permit approval.

F. Multifamily Housing. Multifamily housing is allowed within the R-3 multifamily district. Multifamily housing means housing that provides three or more dwellings on an individual lot (e.g., multiplexes, apartments, condominiums, etc.). New multifamily developments shall comply with all of the following standards:

1. Building Mass Supplemental Standard. Within the residential districts, the maximum width or length of a multiple-family building shall not exceed 80 feet (from end-wall to end-wall). Within the R-3 multifamily subdistrict, the width or length shall not exceed 120 feet.

2. Common Open Space Standard. Inclusive of required setback yards, a minimum of 20 percent of the site area shall be designated and permanently reserved as usable common open space in all multiple family developments. The site area is defined as the lot or parcel on which the development is planned, after subtracting any required dedication of street right-of-way and other land for public purposes (e.g., public park or school grounds, etc.). Sensitive lands and historic buildings or landmarks open to the public and designated by the comprehensive plan may be counted toward meeting the common open space requirements.

3. Private Open Space Standard. Private open space areas shall be required for ground-floor and upper-floor housing units based on all of the following standards:

a. All ground-floor housing units shall have front or rear patios or decks measuring at least 48 square feet. Ground-floor housing means the housing unit entrance (front or rear) is within five feet of the finished ground elevation (i.e., after grading and landscaping);

b. A minimum of 50 percent of all upper-floor housing units shall have balconies or porches measuring at least 24 square feet. Upper-floor housing means housing units which are more than five feet above the finished grade; and

c. Private open space areas shall be oriented toward common open space areas and away from adjacent single-family residences, trash receptacles, parking and drives to the greatest extent practicable.

4. Exemptions. Exemptions to the common open space standard may be granted for multi-unit developments of up to 10 units. Exemptions may be granted for the first 20 units of a larger project when these developments are within one-quarter mile (measured walking distance) of a public park, and there is a direct, accessible (i.e., Americans with Disabilities Act-compliant), lighted, and maintained pedestrian trail or sidewalk between the site and the park. An exemption shall be granted only when the nearby park provides active recreation areas such as play fields, children's play areas, sports courts, walking/fitness courses, or similar facilities.

5. Trash Receptacles. Trash receptacles shall be oriented away from adjacent residences and shall be screened with an evergreen hedge or solid fence or wall of not less than five feet in height.

G. Residential Care Homes and Facilities. Residential care homes are residential treatment or training homes or adult foster homes licensed by the state of Oregon. They may provide residential care alone, or in conjunction with treatment and/or training for five or fewer individuals (homes) or six to 15 individuals (facilities) who need not be related. Staff persons required to meet state licensing requirements shall not be counted in the number of facility residents and need not be related to each other or the residents. Residential care homes and facilities shall comply with the following standards, consistent with ORS 197.660 through 197.670:

1. Licensing. All residential care homes shall be duly licensed by the state of Oregon.

2. Parking. A minimum of one parking space shall be provided for each employee and typical number of visitors, in accordance with Chapter 18.75 PMC, Vehicle and Bicycle Parking.

3. Development Review. Development review shall be required for new structures to be used as residential care homes or facilities, and for conversion of an existing residence to be used as a residential care home, to ensure compliance with the licensing, parking, and other requirements of this title.

H. Agriculture, Horticulture and Livestock. The city allows for agriculture, horticulture and livestock uses, subject to the following standards which are intended to provide buffering between these uses and residences:

1. Prohibited Areas. Livestock shall not be kept within multifamily complexes or manufactured housing parks, due to the higher intensity living environments of these areas.

2. Minimum Lot Size. No livestock shall be kept on any lot less than one acre in area.

3. Density. No more than two head of livestock over the age of six months may be maintained per acre. No more than five fowl may be maintained per acre. No more than one swine may be maintained per two acres.

4. Farm Structures. New barns, stables, and other buildings or structures used to house livestock shall not be developed closer than 40 feet to any property line.

I. Public and Institutional Land Uses. Public and institutional land uses (as listed in Table 18.35.020) are allowed in the residential district, subject to the following land use standards, which are intended to control the scale of these developments and their compatibility with nearby residences:

1. Development Site Area. The maximum development site area shall be four acres, except that this standard shall not apply to parks and open space uses. Larger developments may be approved as a conditional use, in accordance with Chapter 18.120 PMC, Conditional Use Permits, or as part of a master planned development, in accordance with Chapter 18.125 PMC.

2. Building Mass. The maximum width or length of a building shall not exceed 120 feet (from end-wall to end-wall), except that this standard may be increased through the approval of a conditional use permit, or as part of a master planned development.

3. Vehicle Areas and Trash Receptacles. All vehicle areas (i.e., parking, drives, storage, etc.) and trash receptacles shall be oriented away from adjacent residences to the greatest extent practicable, and shall be screened with an evergreen hedge or solid fence or wall of not less than six feet in height.

J. Accessory Uses and Structures. Accessory uses and structures are of a nature customarily incidental and subordinate to the principal use or structure on the same lot. Typical accessory structures in the residential district include detached garages, sheds, workshops, greenhouses and similar structures. (For standards applicable to accessory dwellings, please refer to subsection (B) of this section.) All accessory structures shall comply with all of the following standards:

1. Primary Use Required. An accessory structure shall not be allowed without another allowed use.

2. Restrictions. A structure shall not be placed over an easement that prohibits such placement. No structure shall encroach into the public right-of-way without approval of the city.

3. Compliance with Land Division Standards. The owner may be required to remove an accessory structure as a condition of land division approval when removal of the structure is necessary to comply with setback standards.

4. Floor Area. The maximum floor area of the accessory structure shall not exceed 1,000 square feet unless otherwise approved via the conditional use permit process.

5. Building Height. The building height of a detached accessory structure shall not exceed 25 feet or the height of the primary structure, whichever is less.

6. Buffering. The city may require a hedge or fence to screen the accessory structure from dwellings on adjacent lots, unless a similar screen is provided or the distance to adjacent dwelling(s) is greater than 50 feet.

K. Neighborhood Commercial Land Use. Small-scale neighborhood commercial uses are allowed within the residential districts. All neighborhood commercial uses shall comply with the following standards, which are intended to promote land use compatibility and transition between neighborhood commercial and residential uses:

1. Vertical and Horizontal Use. Residential and neighborhood commercial uses may be mixed "vertically," meaning that a residential use is developed above the commercial use (i.e., ground-floor retail/office with upper-story apartments, townhomes, or condominiums), or may be mixed "horizontally," meaning commercial and residential uses both occupy ground-floor space. Automobile-oriented uses, as defined in Chapter 18.15 PMC, are expressly prohibited.

2. Dispersion of Neighborhood Commercial Development. A neighborhood commercial site shall be located no closer than one-half mile from another neighborhood commercial site within the city. A "neighborhood commercial site" means a lot or parcel (or combination of adjacent lots or parcels), zoned residential and containing commercial uses.

3. Location and Access. Neighborhood commercial developments shall have frontage onto a collector or arterial street and shall conform to the building orientation and parking location standards in PMC § 18.35.080.

4. Building Mass Supplemental Standard. The maximum width or length of a neighborhood commercial or mixed-use (residential and commercial) building shall not exceed 120 feet (from end-wall to end-wall).

5. Floor Area Supplemental Standards. The maximum commercial floor area shall not exceed 4,000 square feet total per neighborhood commercial site within the residential districts and the neighborhood commercial district. Floor area is measured by totaling the interior floor area of all building stories, except crawl spaces (i.e., with less than seven and one-half feet of vertical clearance).

6. Hours of Operation. Neighborhood commercial land uses shall be limited to the following hours of operation: 7:00 a.m. to 10:00 p.m.

L. Affordable Housing on Land Owned by Religious Organization. The city shall allow development of affordable housing on land owned by religious organizations in areas zoned for residential housing consistent with ORS 215.441 and 227.500.

(Ord. 720 § 7[2.1.200], 2003; Ord. 778 § 2, 2011; Ord. 799 § 6, 2015; Ord. 833 §§ 5, 6, 2018; Ord. 841 § 3, 2020)