Chapter 17.65
TOD OVERLAY
Sections:
17.65.020 Area of application.
17.65.030 Conflict with other regulations.
17.65.010 Purpose.
The purpose of the Central Point transit oriented development (TOD) overlay is to promote efficient and sustainable land development and the increased use of transit as required by the Oregon Transportation Planning Rule. (Ord. 2100 § 10 (Exh. B), 2023; Ord. 1971 §4 (Exh. C) (part), 2013; Ord. 1815 §1(part), Exh. B(part), 2000).
17.65.020 Area of application.
These regulations apply to the Central Point TOD overlay as shown on the official city comprehensive plan and zoning maps. A development application within the TOD overlay shall comply with the requirements of this chapter. (Ord. 2100 § 10 (Exh. B), 2023; Ord. 1971 §4 (Exh. C) (part), 2013; Ord. 1815 §1(part), Exh. B(part), 2000).
17.65.025 Special conditions.
On occasion it may be necessary to impose interim development restrictions on certain TOD overlay areas. Special conditions will be identified in this section for each TOD overlay.
A. Eastside Transit Oriented Development Overlay (ETOD) Agricultural Mitigation. All development shall acknowledge the presence of active farm uses within the ETOD area by recording a right-to-farm disclosure statement as a condition of final plat, transfer of property, or site plan and architectural review approval. The ETOD agricultural mitigation shall be removed at such time as the urban growth boundary is incorporated and completely builds out.
B. Eastside Transit Oriented Development Overlay (ETOD) Shallow Wells. Prior to development within the ETOD, a water table analysis shall be conducted to determine the local water table depth. Any development impacting the water table will require further analysis to determine the effect on neighboring wells and the development shall be expected to mitigate that impact.
The ETOD agricultural and shallow wells mitigation shall be removed at such time as the urban growth boundary is incorporated and parcels within the ETOD are built to urban standards and connected to city water. (Ord. 2100 § 10 (Exh. B), 2023; Ord. 1971 §4 (Exh. C) (part), 2013).
17.65.030 Conflict with other regulations.
When there is a conflict between the provisions of this chapter and other requirements of this title, the provisions of this chapter shall govern. (Ord. 2100 § 10 (Exh. B), 2023; Ord. 1971 §4 (Exh. C) (part), 2013; Ord. 1815 §1(part), Exh. B(part), 2000).
17.65.040 Land use.
Four special zone district categories are applied in the Central Point TOD overlay. The characteristics of these zoning districts are summarized in subsections A through D of this section, with specific uses further defined in Section 17.65.050, Table 1.
A. Residential (TOD).
1. LMR--Low Mix Residential. This is the lowest density residential zone in the district. Single-family detached residences are intended to be the primary housing type; however, attached single-family and lower density multifamily housing types, such as duplex and triplex, for example, are also allowed and encouraged.
2. MMR--Medium Mix Residential. This medium density residential zone focuses on higher density forms of residential living. The range of housing types includes higher density single-family, such as zero lot line and attached single-family dwellings, and a variety of multifamily residences. Low impact commercial activities may also be allowed.
3. HMR--High Mix Residential/Commercial. This is the highest density residential zone intended to be near the center of the TOD district. High density forms of multifamily housing, such as multiplexes or apartments, are encouraged along with complementary ground floor commercial uses. Low impact commercial activities may also be allowed. Low density residential types, including large and standard lot single-family detached housing, are not permitted.
B. Employment (TOD).
1. EC--Employment Commercial. Retail, service, and office uses are primarily intended for this district. Activities which are oriented and complementary to pedestrian travel and transit are encouraged. Development is expected to support pedestrian access and transit use. Automobile-oriented activities are generally not included in the list of permitted uses. Residential uses above ground floor commercial uses are also consistent with the purpose of this zone.
2. GC--General Commercial. Commercial and industrial uses are primarily intended for this district. Activities which are oriented and complementary to pedestrian travel and transit are encouraged. Residential uses above ground floor commercial uses are also consistent with the purpose of this zone.
C. C--Civic (TOD). Civic uses such as government offices, schools, and community centers are the primary uses intended in this district. These uses can play an important role in the vitality of the TOD district.
D. OS--Open Space (TOD). Because the density of development will generally be higher than other areas in the region, providing open space and recreation opportunities for the residents and employees in the TOD district becomes very important. This zone is intended to provide a variety of outdoor and recreation amenities. (Ord. 2100 § 10 (Exh. B), 2023; Ord. 1971 §4 (Exh. C) (part), 2013; Ord. 1867 §4(part), 2006; Ord. 1815 §1(part), Exh. B(part), 2000).
17.65.050 Zoning regulations.
A. Permitted Uses. Permitted uses in Table 1 are shown with a “P.” These uses are allowed if they comply with the applicable provisions of this title. They are subject to the same application and review process as other permitted uses identified in this title.
B. Limited Uses. Limited uses in Table 1 are shown with an “L.” These uses are allowed if they comply with the specific limitations described in this chapter and the applicable provisions of this title. They are subject to the same application and review process as other permitted uses identified in this title.
C. Conditional Uses. Conditional uses in Table 1 are shown with a “C.” These uses are allowed if they comply with the applicable provisions of this title. They are subject to the same application and review process as other conditional uses identified in this title.
D. Density. The allowable residential density and employment building floor area are specified in Table 2.
E. Dimensional Standards. The dimensional standards for lot size, lot dimensions, building setbacks, and building height are specified in Table 2.
F. Development Standards.
1. Housing Mix. The required housing mix for the TOD district is shown in Table 2.
2. Accessory Units. Accessory units are allowed as indicated in Table 1. Accessory units shall meet the following standards:
a. A maximum of one accessory unit is permitted per single-family unit;
b. An accessory unit shall have a maximum floor area of eight hundred square feet;
c. The applicable zoning standards in Table 2 shall be satisfied.
3. Parking Standards. The off-street parking and loading requirements in Chapter 17.64 shall apply to the TOD overlay.
|
Table 1 TOD District Land Uses |
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|---|---|---|---|---|---|---|---|---|
|
Use Categories |
Zoning Districts |
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|
|
LMR |
MMR |
HMR |
EC |
GC |
C |
OS |
|
|
Residential |
||||||||
|
Dwelling, Single-Family |
|
|
|
|
|
|
|
|
|
|
Large and standard lot |
P |
L5 |
N |
N |
N |
N |
N |
|
|
Zero lot line, detached |
P |
P |
N |
N |
N |
N |
N |
|
|
Attached row houses |
P |
P |
P |
C |
N |
N |
N |
|
Dwelling, Multifamily |
|
|
|
|
|
|
|
|
|
|
Multiplex, apartment |
P |
P |
P |
L1 |
L1 |
N |
N |
|
|
Senior housing |
L6 |
P |
P |
L1 |
L1 |
N |
N |
|
Accessory Units |
P1 |
P1 |
P1 |
C |
N |
N |
N |
|
|
Boarding/Rooming House |
N |
C |
C |
N |
N |
N |
N |
|
|
Family Care |
|
|
|
|
|
|
|
|
|
|
Family day care |
P |
P |
P |
N |
N |
N |
N |
|
|
Day care group home |
C |
C |
P |
N |
N |
N |
N |
|
|
Adult day care |
C |
C |
C |
N |
N |
N |
N |
|
Home Occupation |
P |
P |
P |
P |
N |
N |
N |
|
|
Residential Facility |
P |
P |
P |
N |
N |
N |
N |
|
|
Residential Home |
P |
P |
P |
N |
N |
N |
N |
|
|
Commercial |
||||||||
|
Entertainment |
N |
N |
C |
P, L7 |
P, L8, L9 |
N |
N |
|
|
Professional Office |
C |
L3 |
L3, L4 |
P |
P |
P |
N |
|
|
Retail Sales and Service |
|
|
|
|
|
|
|
|
|
|
Sales-oriented |
C |
L3 |
L3 |
P |
P |
N |
N |
|
|
Personal service-oriented |
C |
L3 |
L3, L4 |
P |
P |
N |
N |
|
|
Repair-oriented |
N |
N |
N |
P |
P |
N |
N |
|
|
Drive-through facilities |
N |
N |
N |
P |
P |
N |
N |
|
|
Quick vehicle service |
N |
N |
N |
P |
P |
N |
N |
|
|
Vehicle sales, rental and repair |
N |
N |
N |
P |
P |
N |
N |
|
Tourist Accommodations |
|
|
|
|
|
|
|
|
|
|
Motel/hotel |
N |
N |
C |
P |
P |
N |
N |
|
|
Bed and breakfast inn |
C |
C |
P |
P |
P |
N |
N |
|
Industrial |
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|
Manufacturing |
N |
N |
N |
N |
P |
N |
N |
|
|
Industrial Service |
|
|
|
|
|
|
|
|
|
|
Light |
N |
N |
N |
N |
P |
N |
N |
|
|
Heavy |
N |
N |
N |
N |
C |
N |
N |
|
Wholesale Sales |
N |
N |
N |
N |
P |
N |
N |
|
|
Civic |
||||||||
|
Community Services |
C |
C |
C |
N |
N |
P |
C |
|
|
|
Hospital |
C |
C |
C |
C |
N |
C |
N |
|
|
Public facilities |
C |
C |
C |
C |
C |
C |
N |
|
|
Religious assembly |
C |
C |
C |
C |
N |
P |
N |
|
|
Schools |
C |
C |
C |
N |
N |
P |
L2 |
|
|
Utilities |
C |
C |
C |
C |
C |
C |
C |
|
Open Space |
||||||||
|
Parks and Open Space |
P |
P |
P |
P |
P |
P |
P |
|
N--Not permitted.
P--Permitted use.
N--Not permitted.
P--Permitted use.
P1--Permitted use, one unit per lot.
C--Conditional use.
L1--Only permitted as residential units above ground floor commercial uses.
L2--School athletic and play fields only. School building and parking lots are not permitted.
L3--Permitted in existing commercial buildings or new construction with ground floor businesses with multifamily dwellings above ground floor. Maximum floor area for commercial use not to exceed ten thousand square feet per tenant.
L4--Second story offices may be permitted in areas adjacent to EC zones as a conditional use.
L5--Only permitted as a transition between lower density zones and/or when adjacent to an environmentally sensitive area.
L6--Permitted only when part of an existing or proposed senior housing project on abutting property under the same ownership within the MMR or HMR district.
L7--Mobile food vendors, pods and mobile food courts are prohibited as provided in Chapter 5.44, Mobile Food Businesses.
L8--Mobile food vendors and pods are subject to the application requirements and provisions in Chapter 5.44, Mobile Food Businesses.
L9--Mobile food courts may be permitted in the GC zone as a conditional use in accordance with Chapter 5.44, Mobile Food Businesses and per Chapter 17.76, Conditional Use Permits.
|
Table 2 TOD District Zoning Standards |
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|---|---|---|---|---|---|---|---|---|
|
Standard |
Zoning Districts |
|||||||
|
|
LMR |
MMR |
HMR |
EC |
GC |
C |
OS |
|
|
Density--Units Per Net Acre (f) |
|
|
|
|
|
|
|
|
|
|
Maximum |
12 |
32 |
NA |
NA |
NA |
NA |
NA |
|
|
Minimum |
6 |
14 |
25 |
NA |
NA |
NA |
NA |
|
Dimensional Standards |
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|
Minimum Lot or Land Area/Unit |
|
|
|
|
|
|
|
|
|
|
Large single-family |
5,000 SF |
NA |
NA |
NA |
NA |
NA |
NA |
|
|
Standard single-family |
3,000 SF |
NA |
NA |
NA |
NA |
NA |
NA |
|
|
Zero lot line detached |
2,700 SF |
2,700 SF |
NA |
NA |
NA |
NA |
NA |
|
|
Attached row houses |
2,000 SF |
1,500 SF |
1,200 SF |
NA |
NA |
NA |
NA |
|
|
Multifamily |
NA |
NA |
NA |
NA |
NA |
NA |
NA |
|
Average Minimum Lot or Land Area/Unit |
|
|
|
|
|
|
|
|
|
|
Large single-family |
7,500 SF |
NA |
NA |
NA |
NA |
NA |
NA |
|
|
Standard single-family |
4,500 SF |
NA |
NA |
NA |
NA |
NA |
NA |
|
|
Zero lot line detached |
3,000 SF |
3,000 SF |
NA |
NA |
NA |
NA |
NA |
|
|
Attached row houses |
2,500 SF |
2,000 SF |
1,500 SF |
NA |
NA |
NA |
NA |
|
|
Multifamily |
NA |
NA |
NA |
NA |
NA |
NA |
NA |
|
Minimum Lot Width |
|
|
|
|
|
|
|
|
|
|
Large single-family |
50' |
NA |
NA |
NA |
NA |
NA |
NA |
|
|
Standard single-family |
50' |
NA |
NA |
NA |
NA |
NA |
NA |
|
|
Zero lot line detached |
30' |
30' |
NA |
NA |
NA |
NA |
NA |
|
|
Attached row houses |
24' |
22' |
18' |
NA |
NA |
NA |
NA |
|
|
Multifamily |
NA |
NA |
NA |
NA |
NA |
NA |
NA |
|
Minimum Lot Depth |
50' |
50' |
50' |
NA |
NA |
NA |
NA |
|
|
Building Setbacks (k) |
||||||||
|
Front (min./max.) |
10'/15' |
10'/15' |
0'/15' |
0' |
0'/15' |
0'/5' |
15' |
|
|
Side (between bldgs.) (detached/attached) |
5' detached 0' attached (a)(c) |
5' detached 0' attached (a)(c) |
5' detached 0' attached (a) |
0' 10' (b) |
0' 15' (b) |
0' 20' (b) |
5' |
|
|
Corner (min./max.) |
10'/NA |
10'/NA |
0'/10' |
5'/10' |
15'/30' |
5'/10' |
15'/NA |
|
|
Rear |
10' |
10' |
10' |
0' 10' (b) |
15' (b) 0' |
0' 20' (b) |
5' |
|
|
Garage Entrance |
(d) |
(d) |
(d) |
(e) |
(e) |
(e) |
NA |
|
|
Maximum Building Height |
35' |
45' |
60' |
60' |
60' |
45' |
35' |
|
|
Maximum Lot Coverage (g) |
80% |
80% |
85% |
100% |
100% |
85% |
25% |
|
|
Minimum Landscaped Area (i) |
20% of site area |
20% of site area |
15% of site area (j) |
0% of site area (h) |
15% of site area |
15% of site area |
NA |
|
|
Housing Mix |
||||||||
|
Required housing types as listed under Residential in Table 1. |
< 16 units in development: 1 housing type.
16--40 units in development: 2 housing types.
> 40 units in development: 3 or more housing types (plus approved master plan) |
NA |
NA |
NA |
NA |
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Notes:
NA--Not applicable.
(a) The five-foot minimum also applies to the perimeter of the attached unit development.
(b) Setback required when adjacent to a residential zone.
(c) Setback required is ten feet minimum between units when using zero lot line configurations.
(d) Garage entrance shall be at least ten feet behind front building facade facing street.
(e) Garage entrance shall not protrude beyond the face of the building.
(f) Net acre equals the area remaining after deducting environmental lands, exclusive employment areas, exclusive civic areas and right-of-way.
(g) Lot coverage refers to all impervious surfaces including buildings and paved surfacing.
(h) Parking lot landscaping and screening requirements still apply.
(i) Landscaped area shall include living ground cover, shrubs, trees, and decorative landscaping material such as bark, mulch or gravel. No pavement or other impervious surfaces are permitted except for pedestrian pathways and seating areas.
(j) Rooftop gardens can be used to help meet this requirement.
(k) Where a building setback abuts a public utility easement (PUE), the building setback shall be measured from the furthest protrusion or overhang for the structure to avoid utility conflicts.
(Ord. 2100 § 10 (Exh. B), 2023; Ord. 2089 §2, 2022; Ord. 2064 §5, 2020; Ord. 2047 §1, 2018; Ord. 2034 §§10, 11, 2017; Ord. 2014 §10 (part), 2015; Ord. 2002 §2 (Exh. A) (part), 2015; Ord. 1981 §4 (Exh. D), 2014; Ord. 1971 §4 (Exh. C) (part), 2013; Ord. 1867 §4(part), 2006; Ord. 1815 §1(part), Exh. B(part), 2000).