Chapter 18.35
MULTI-UNIT RESIDENTIAL ZONE (A-2)
Sections:
18.35.050 Area, density and lot requirements.
18.35.060 Site development standards.
18.35.070 Manufactured housing on individual lots.
18.35.090 Accessory dwellings.
18.35.010 Purpose.
The purpose of the multi-unit residential or A-2 zone is to implement the city’s land use designation and policies for medium-density residential housing as set forth in the comprehensive plan. The A-2 zone regulates development of detached single-unit dwellings on existing lots and provides design guidance for small lot residential subdivisions, middle housing developments, and multi-unit developments. [Ord. 810, 2000; Code 2000 § 11.20.31; Ord. 857 Exh. 1, 2005; Ord. 2022-03 § 1 (Exh. A), 2022.]
18.35.020 Permitted uses.
The following uses and their accessory uses are permitted outright in an A-2 zone:
(A) Duplexes.
(B) Middle housing developments.
(C) Multi-unit dwellings of five or more units.
(D) Boarding house, lodging or rooming house.
(E) Underground public utilities.
(F) Accessory uses and structures which are customarily and clearly incidental and subordinate to the above uses, including approved carports, garages, or storage facilities.
(G) Private parks and recreational facilities designed within a multi-family development.
(H) Accessory dwelling unit, associated with single-family detached or common wall single-family dwellings, and subject to CMC 18.20.090.
(I) Home occupation, including Internet sales, consistent with CMC 18.20.080.
(J) Residential facility consistent with state law.
(K) Type “A” mobile vendor, as described in Chapter 5.35 CMC. [Ord. 810, 2000; Code 2000 § 11.20.32; Ord. 857 Exh. 1, 2005; Ord. 916 § 1 (Exh. A), 2010; Ord. 2016-015 § 1 (Exh. A), 2016; Ord. 2018-05 § 1 (Exh. A), 2018; Ord. 2022-03 § 1 (Exh. A), 2022.]
18.35.030 Conditional uses.
The following uses may be permitted when in accordance with Chapter 18.105 CMC:
(A) Governmental structure or use including public and private park, playground, community center and noncommercial recreational facilities, golf course, swimming pool, tennis courts, fire station, library or museum.
(B) School – Public or Private. Nursery, primary, middle, junior or senior high, but not college or university.
(C) Utility substation or aboveground pumping station with no equipment storage.
(D) Home occupation consistent with CMC 18.20.080.
(E) A planned unit development, including office and retail sales and other mixed uses approved by the planning commission and conditional uses as provided for under Chapter 18.110 CMC.
(F) A manufactured/modular structure for temporary educational purposes subject to the following required conditions in addition to other conditions which may be imposed under Chapter 18.105 CMC.
(G) Church, and associated church activities, except commercial day care.
(H) Site-built detached single-family dwelling, including a residential home consistent with state law; and detached single-family manufactured housing, subject to CMC 18.20.070.
(1) On a single, undividable infill lot, approval of a single-family detached dwelling or manufactured housing shall be processed as a Type II procedure. Approval of more than one single-family detached unit within the A-2 zone shall require a Type III procedure. [Ord. 810, 2000; Code 2000 § 11.20.33; Ord. 857 Exh. 1, 2005; Ord. 916 § 1 (Exh. A), 2010; Ord. 2018-05 § 1 (Exh. A), 2018.]
18.35.040 Prohibited uses.
The following uses shall be prohibited within the A-2 zone:
(A) Recreational vehicles or other movable temporary dwellings used as a residence, or accessory sleeping units, except as lodging for guests not to exceed two weeks.
(B) Manufacturing, processing, and bulk storage, except as permitted as a home occupation.
(C) Parking and storage of construction equipment, semi-tractors and trailers.
(D) The raising of animals other than normal household pets unless permitted through a livestock permit.
(E) Retail sales, except for when over the Internet and where applicable in compliance with the home occupation requirements.
(F) Heavy manufacturing and processing.
(G) Freestanding wind turbines.
(H) More than one single-family detached or common-wall single-family dwelling unit on a single lot or parcel. This does not apply to accessory dwelling units, duplexes, or cottage clusters. [Ord. 810, 2000; Code 2000 § 11.20.34; Ord. 841 Exh. 2, 2003; Ord. 857 Exh. 1, 2005; Ord. 916 § 1 (Exh. A), 2010; Ord. 2020-05 § 1 (Exh. A), 2020; Ord. 2024-03 § 1 (Exh. A), 2024.]
18.35.050 Area, density and lot requirements.
Lot area and density requirements shall be calculated based on net acreage. A net acre is equal to 32,670 square feet, and excludes roads, common open space, floodplains, riparian setbacks, and slopes over 25 percent.
(A) Maximum Density. The average density over the entire development shall not exceed 14 dwellings per net acre for detached single-unit dwellings, or 25 units per net acre for townhouses or multi-unit dwellings. This maximum density does not apply to middle housing.
(1) Lot Size.
|
HOUSING TYPE |
MINIMUM LOT SIZE |
|---|---|
|
Detached single-unit dwelling and duplex |
3,100 square feet |
|
Triplex |
5,000 square feet |
|
Quadplex and cottage cluster |
7,000 square feet |
|
Townhouse |
1,500 square feet |
|
Multi-unit dwellings |
1,500 square feet per unit |
(2) In the case of flag lots, the pole portion of the lot shall not count towards the required lot area.
(B) Minimum Density. The minimum density allowed is eight dwellings per net acre for single-family, and 11 for multi-family development. Any land partition or subdivision shall make provisions to ensure that the minimum density is protected when further partitioning is possible and initial development is less than the minimum density.
(C) Maximum Height. Building height, as defined in CMC 18.195.080, shall not exceed 45 feet, except for:
(1) A chimney, radio, television antenna, or solar feature;
(2) Affordable housing with a 30-year affordability covenant compliant with ORS 456.270 through 456.295 as affordable to 80 percent area median income or less for each unit, or the average of the units is affordable at 60 percent area median income or less, is entitled to 150 percent of the existing density and 24 additional feet; or
(3) As approved by the planning commission as part of a planned unit development.
(D) Setback Requirements. Except as provided in CMC 18.150.010, in an A-2 zone the minimum yard area setback requirements shall be as follows:
(1) Front Yard. The front, as measured from the foundation of the structure, including porch or deck, shall not be less than 10 feet. Accessory structures, garages or carports shall not be less than 20 feet.
(2) Rear Yard. No rear yard shall be less than 10 feet in depth for a single-story structure, plus five feet per additional story as measured from the foundation of the structure.
(3) Side Yard. For single-family residences, the minimum width of side yards shall be not less than five feet, as measured from the foundation of the home. On corner lots the side yard facing the street shall not be less than 10 feet. For multi-family residences, no side yard shall be less than five feet in depth for a single story structure, plus five feet per additional story as measured from the foundation of the structure. On corner lots the side yard facing the street shall not be less than 10 feet.
(4) Building Separation. Buildings within a complex shall be separated by at least 10 feet, plus five feet per additional story.
(5) No accessory building or other structure or building shall be closer than three feet from a side or rear property line.
(E) Repealed by Ord. 2022-03.
(F) Repealed by Ord. 916.
(G) Minimum Lot Dimensions.
(1) No detached single-unit dwelling, duplex, triplex, quadplex, or cottage cluster lot shall be less than 30 feet in width abutting a public street, nor less than 60 feet in depth, except as may be approved as part of a planned unit development.
(2) For multi-unit dwellings, the minimum average lot width shall be 75 feet abutting a public street, except on a cul-de-sac where the width may be reduced to 50 feet.
(3) No townhouse lot shall be less than 20 feet in width abutting a public street, nor less than 60 feet in depth, except as may be approved as part of a planned unit development. [Ord. 810, 2000; Code 2000 § 11.20.35; Ord. 841 Exh. 1, 2003; Ord. 916 § 1 (Exh. A), 2010; Ord. 2018-05 § 1 (Exh. A), 2018; Ord. 2022-03 § 1 (Exh. A), 2022; Ord. 2024-03 § 1 (Exh. A), 2024.]
18.35.060 Site development standards.
All multi-family developments are subject to design review requirements as set forth in Chapter 18.100 CMC; and all prior conditions of approval attached to any use in a multi-family zone shall continue to apply.
(A) Open Space. Within residential developments containing 20 or more lots or units there shall be, at least, 300 square feet of open recreational space per unit provided in common open space for multi-family development and/or 300 square feet of recreational space per unit provided in public open space for single-family development. Such space will be considered part of the required landscaping, but must be designed in a manner that affords residents usable open area, such as lawn, patios, etc. Delineated wetlands recognized by the Division of State Lands may apply 20 percent of their area located on the subject parcel(s) to the open space requirement. Calculate the total square footage of delineated wetland area on the subject parcel(s) and multiply it by 20 percent. Streets, access drives and parking lots shall not be considered open space. Open space must be a usable open recreational area, and may include a club house or indoor recreation facility. All outdoor area shall be landscaped and maintained by the owner, or a homeowners’ association, according to the approved development plans, unless the open space is dedicated to and accepted by the city as a public park.
(B) Perimeter Requirements. If topographical or other barriers within the development do not provide adequate buffering between the development and adjacent nonresidential development, the reviewing body may impose one or more of the following requirements:
(1) Where the development abuts an arterial or collector street or an existing planned unit development, the reviewing body may require that a perimeter landscaped strip, no more than 25 feet wide, and/or sound mitigation structures be established along the abutting property line. All required building setbacks shall be measured from the inner edge of the perimeter strip, which shall be set aside as a separate tract. And provisions for pedestrian connections through the landscape strip may also be required.
(2) Where the development abuts an existing or planned nonresidential area, the reviewing body may require that a perimeter landscaped strip, no more than 50 feet wide, be established along the abutting property line. All required building setbacks shall be measured from the inner edge of the perimeter strip, which shall be set aside as a separate tract. And provisions for pedestrian connections through the landscape strip may also be required.
(3) All driveways and landscaped areas shall comply with vision clearance standards set forth below. All landscaping shall comply with the general landscaping standards set forth below.
(C) Landscape Plan.
(1) For multi-family residence, in addition to the open space requirements, the entire net area of the site that is not covered by building or parking and circulation improvements shall be landscaped prior to occupancy, in accordance with the approved site plan and the standards set forth herein.
(2) At maturity at least 80 percent of the landscape area shall be covered by plant material, lawn, and trees when the plantings reach maturity. The remaining area may be covered in nonvegetative ground cover.
(3) Frontage Trees. Frontage trees shall be required and must comply with current public works standards.
(4) Installation of required landscaping may be deferred for up to six months with written approval by the community development director; provided, that the owner posts with the city a cash deposit or irrevocable letter of credit assigned to the city for an amount equal to 150 percent of the estimated cost of the landscaping materials and installation by a qualified contractor.
(D) Vehicular Access, Internal Circulation and Clear Vision Areas.
(1) Where possible, vehicular access to residential subdivisions shall be from abutting arterial or collector streets. Access to individual lots shall be primarily from local streets or alleyways when the alleyway is developed to current public works standards. Direct lot access to arterials or collector streets shall not be permitted, unless there is no alternative as determined by the city engineer.
(2) The minimum public street width shall comply with Chapter 5 of the adopted public works standards.
(3) Internal Access. All internal roadways and drives shall be paved and maintained by the owner in accordance with city standards. No entrance or exit shall be located closer than 100 feet to any intersection of a public street, unless there is no reasonable alternative. They shall have the following minimum unobstructed pavement width:
(a) Two-way traffic: 24 feet;
(b) One-way traffic: 15 feet.
(4) Internal sidewalks or pathways shall be provided to ensure safe and convenient pedestrian circulation throughout the development.
(5) Clear vision areas shall be provided at all roadway and driveway intersections in accordance with the vision clearance standards set forth in CMC 18.150.070.
(E) Access Streets – Sidewalks – Drainage.
(1) All streets shall be designed in accordance with standards set forth in Chapter 18.143 CMC, Transportation Facilities, and the subdivision code.
(2) All driveways for new construction shall have minimum pavement width of 12 feet and shall not be more than 25 feet in width at the curb. Each driveway shall have a concrete curb apron designed to comply with public works standards, and not more than two lots may be served by one shared driveway.
(3) Cul-de-sacs shall serve no more than 12 residential lots and meet current public works design standards.
(4) For all new construction, curbs, gutters, and a minimum five-foot-wide sidewalk, offset from the curb, shall be provided along the entire lot frontage and shall meet ADA accessibility standards. In the case of remodels or garage additions to an existing house, no sidewalk shall be required if one does not exist, but the driveway apron and paved driveway shall be required. However, a curb tight sidewalk may be approved by the city engineer when it is impractical to provide the offset.
(5) Storm drainage shall meet current public works design standards and shall comply with Clean Water Services (CWS) standards for water quality and quantity.
(F) Lighting Streets. Streets and walkways shall be lighted during the hours of darkness in accordance with public works standards.
(G) Mailboxes. Except for in-fill partitioning, clustered mailboxes shall be provided, consistent with the locational criteria set by the Post Master. They shall be of uniform style.
(H) Insects and Rodents. Materials, including wastes, shall be stored and managed, and grounds shall be maintained in a manner that will not attract or aid in the propagation of insects or rodents or cause a health hazard.
(I) Screening.
(1) Sight-obscuring screening shall be provided for all garbage and trash collection areas, approved outdoor storage, and parking lots abutting a low density residential development. Such screening shall be six feet in height, and shall consist of a wall of brick, stone, or other substantial material, or a densely planted evergreen hedge and chain link fence.
(2) The review body may require nonsight-obscuring screening and/or fencing of parking lots abutting property lines, front yards abutting a public street, or other yards abutting a low density residential development.
(J) Parking and Loading Space.
(1) Off-Street Parking.
(a) Resident. One covered parking space shall be provided for each dwelling unit either on the individual lot or in an off-street parking bay within 100 feet from the dwelling being served. Total parking provided shall be consistent with CMC 18.145.030(A), Table 1.
(b) Guest. Where on-street parking is prohibited on both sides of a street, guest parking shall be provided in off-street parking bays at the rate of one parking space for every three detached single-unit home sites along the street section. Guest parking should be within 100 feet of the dwelling units being served.
(c) Storage of Recreational Vehicles. Recreational vehicles, such as camping trailers, boats, campers, motor homes, and other such vehicles shall only be parked or stored within an area specifically designated and designed for such use, and shall not be located in the public right-of-way.
(2) Paving and Design. Off-street parking and maneuvering areas shall be paved with asphalt or concrete and designed in accordance with the standards of the off-street parking regulations of this title.
(3) Parking Lot Landscaping. There shall be a five-foot landscaped buffer at the perimeter of all parking lot areas. Parking lots shall be designed and landscaped so as to break up large paved areas with landscaped islands, at a minimum of every 10 spaces. See CMC 18.145.050.
(4) On each home site, or on each individual dwelling within a complex, an address number of the home shall be provided in a manner that is clearly visible from the street, as approved by the fire department.
(5) Each resident may display on their home one sign identifying the person residing therein; provided, that the sign is not larger than one square foot.
(6) Traffic control and directional signs shall be installed as required by the current public works standards.
(K) Screening.
(1) Sight-obscuring screening shall be provided for all garbage and trash collection areas, and for any approved outdoor storage, or parking lots abutting residential development. Such screening shall be a minimum six feet in height, and shall consist of a wall of brick, stone, or other substantial material; or a densely planted evergreen hedge and a decorative fence such as wrought-iron, or PVC or polymer covered chain link fencing. Galvanized chain link fencing shall not be permitted in new construction. Such screening shall be provided to a height sufficient to block the view of materials stored as viewed from the sidewalk on the opposite side of the street from the screen wall.
(2) Garbage and trash collection areas shall be designed to meet the needs of all types of trash and waste collection required, including recycling, food waste, and solid waste.
(3) The applicant shall demonstrate that the waste enclosure area is accessible by the waste service provider. [Ord. 810, 2000; Code 2000 § 11.20.36; Ord. 841 Exhs. 1, 2, 2003; Ord. 874 Exh. (1)(B), 2006; Ord. 2016-011 § 1 (Exh. A), 2016; Ord. 2018-05 § 1 (Exh. A), 2018; Ord. 2020-05 § 1 (Exh. A), 2020; Ord. 2022-03 § 1 (Exh. A), 2022; Ord. 2024-03 § 1 (Exh. A), 2024.]
18.35.070 Manufactured housing on individual lots.
All manufactured homes on individual lots within the A-2 zone shall:
(A) Comply with all federal, state and local building codes for placement, occupation and storage.
(B) Have a pitched roof with at least a nominal slope of one foot in height for each three feet in width.
(C) Have exterior siding and roofing material which in color, material grade, and appearance is comparable to the exterior siding and roofing material predominantly used on surrounding residential dwellings.
(D) Be certified by the manufacturer to have an exterior thermal envelope meeting performance standards required of site-built single-family construction under the State Building Code (1981) as defined by ORS 455.010.
(E) Have at least one covered off-street parking space constructed of like materials as the home.
(F) Have skirting that consists of smooth or split face concrete blocks.
(G) Be multisectional and enclose a space of not less than 1,000 square feet. [Ord. 810, 2000; Code 2000 § 11.20.37; Ord. 2018-05 § 1 (Exh. A), 2018.]
18.35.080 Home occupation.
Home occupations may be allowed as follows:
(A) Type A. Allowed through a Type I administrative review consistent with the following:
(1) There are no structural alterations or changes necessary to the dwelling or accessory building or to the premises in order to conduct the business operations; and
(2) There is no outdoor display or storage, nor indoor display or storage, of merchandise on the premises which can be seen from the street or sidewalk adjacent to the dwelling; and
(3) The business is conducted by members of the immediate family, all of whom reside in the residence and there are no additional employees; and
(4) Personal appearances by customers on the property are limited to one at a time, and not more than eight customers per day; and
(5) There is no external signage which informs potential customers of the location of the residential dwelling for the purpose of attracting customers to the dwelling; and
(6) The business activity does not create noise levels audible above normal ambient residential levels beyond the property line of the property upon which the residential dwelling is located; and
(7) The activities do not attract more than three commercial deliveries of goods and services daily; and
(8) The home occupation may not serve as a headquarters or dispatch center where employees come to the site and are dispatched to other locations; and
(9) The owner has and maintains a valid city business license; and
(10) In the case of home child care, there are not more than 16 children total and the operator is appropriately registered and/or certified by the state.
(B) Type B. Allowed by approval of the planning commission through a Type III application, and subject to the following:
(1) There are structural alterations or changes necessary to the dwelling, accessory building, or to the premises in order to conduct the business operations and/or a new accessory building is needed to conduct the normal operations of the business; and
(2) There is no outdoor display or storage, nor indoor display or storage, of merchandise on the premises which can be seen from the street or sidewalk adjacent to the dwelling; and
(3) The business is conducted by members of the immediate family living on the premises and/or not more than one employee who does not reside in the residence; and
(4) Personal appearances by customers on the property are limited to three at a time, and not more than 10 customers per day; and
(5) The business activity does not create noise levels audible above normal ambient residential levels beyond the property line of the property upon which the residential dwelling is located; and
(6) The activities do not attract more than five commercial deliveries of goods and services daily; and
(7) The home occupation may not serve as a headquarters or dispatch center where employees come to the site and are dispatched to other locations; and
(8) The owner has and maintains a valid city business license; and
(9) There is no accessory dwelling associated with the primary residence. [Ord. 810, 2000; Code 2000 § 11.20.38; Ord. 916 § 1 (Exh. A), 2010.]
18.35.090 Accessory dwellings.
This section applies only to single-family detached or attached dwelling units.
Accessory dwellings shall comply with the following:
(A) The unit shall not exceed 800 square feet, or 60 percent of the total floor area of the primary dwelling, whichever is greater.
(B) The unit shall comply with the standard setbacks and height limitation of the base zone.
(C) All yard area requirements of the base zone shall be met, and the unit shall comply with the fire and life safety codes. [Ord. 810, 2000; Code 2000 § 11.20.39; Ord. 2020-05 § 1 (Exh. A), 2020; Ord. 2024-03 § 1 (Exh. A), 2024.]