Chapter 16.15
URBAN DEVELOPMENT – UD ZONE
Sections:
16.15.000 Purpose.
16.15.010 Uses.
16.15.020 Conditional uses.
16.15.030 Conditional use criteria.
16.15.040 Prohibited uses.
16.15.100 Development standards.
16.15.110 Height.
16.15.120 Front yards and yards abutting streets.
16.15.130 Interior side yards.
16.15.140 Interior rear yards.
16.15.200 Landscaping.
16.15.300 Divisions of land.
16.15.310 Zone change requirement and automatic rezoning.
16.15.400 Informational reference to additional standards.
* Terms defined in Chapter 16.49 MCC.
16.15.000 Purpose.
The UD (urban development) zone is intended to provide for urban development consistent with the land use designation in the applicable city comprehensive plan where sanitary services are, or can be, made available. Because these areas may not have storm drainage or streets adequate to support development, planned residential uses and other compatible uses may only be established as part of a subdivision, planned development or conditional use permit to ensure that necessary public facilities are provided. If the Comprehensive Plan authorizes uses more intensive than allowed in the UD zone, a zone change is required to ensure development to adopted urban standards. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 15.00.]
16.15.010 Uses.
The following uses, when developed under the applicable development standards in this title, are permitted in the UD zone:
A. Lawful uses existing on a lot when this zone is applied, except as provided in MCC 16.15.020(A) for expansion and replacement of nonresidential uses.
B. Public and semi-public facilities rendering direct service to local areas, such as fire stations, public utilities* and low voltage (57 KV or less) electrical transmission lines.
C. On lots designated single-family residential in the applicable comprehensive plan:
1. Detached single-family dwelling.*
2. Child care home* for 12 or fewer children.
D. Uses permitted in Chapter 16.25 MCC.
E. Signs subject to Chapter 16.31 MCC.
F. The following uses subject to the special standards in Chapter 16.26 MCC:
1. Home occupations, limited* (see MCC 16.26.200).
2. Boat and recreational vehicle storage (see MCC 16.26.340).
3. Planned developments on land designated single-family or multiple-family residential in the applicable comprehensive plan, subject to MCC 16.15.300 (see MCC 16.26.800).
4. Manufactured home on a lot in the Salem urban growth boundary on land designated single-family residential (see MCC 16.26.030). [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 1032 § 5, 1996; Ord. 894 § 4, 1991; Ord. 882 § 4, 1990; Ord. 863 § 5, 1990. UZ Ord. § 15.01.]
16.15.020 Conditional uses.
The following uses may be permitted subject to obtaining a conditional use permit:
A. Expansion or replacement of nonresidential uses permitted under MCC 16.15.010(A).
B. Public parks, playgrounds, public utilities* and other public and semi-public uses, and private parks and playgrounds serving the general public.
C. If located on property designated for commercial or residential uses in applicable comprehensive plan:
1. Religious organizations, SIC 866 (see MCC 16.26.600).
2. Elementary and secondary schools, SIC 8211 (see MCC 16.26.620).
3. Membership recreation club, SIC 7997 (see MCC 16.26.320).
4. Civic, social and fraternal organizations, SIC 864.
5. Child care facilities* (see MCC 16.26.220).
6. Home occupations, conditional* subject to MCC 16.32.400.
D. If located on property designated for residential uses in applicable comprehensive plan:
1. Two-family shared housing (see MCC 16.26.040).
2. Duplex* on a corner lot (see MCC 16.26.060).
3. Public golf course, SIC 7992 (see MCC 16.26.320).
4. Residential facility*.
5. Mobile home park* (see MCC 16.26.901). [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 1032 § 6, 1996; Ord. 863 § 5, 1990. UZ Ord. § 15.02.]
16.15.030 Conditional use criteria.
Before a conditional use permit may be approved, it must be found that the following criteria applicable to the proposed use will be satisfied in addition to the criteria in MCC 16.40.020:
A. The use and related buildings will be located in such a manner that any significant unused portion of the property has adequate development options.
B. For uses other than a single-family dwelling, the use independently or together with nearby uses will not require installation of urban facilities identified in MCC 16.40.030(J), or such facilities will be provided as prescribed in Chapter 16.40 MCC.
C. The use meets the development standards of the most restrictive zone used in the applicable Comprehensive Plan designation.
D. The use is a permitted or conditional use in the most restrictive zone used in the applicable Comprehensive Plan designation. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 15.03.]
16.15.040 Prohibited uses.
Within a UD zone no building, structure, vehicle or land shall be used, erected, structurally altered, or enlarged for any use not permitted under MCC 16.15.010 through 16.15.030. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 15.04.]
16.15.100 Development standards.
The standards and regulations in this chapter and the additional standards and regulations referenced in Chapter 16.24 MCC and Chapters 16.26 through 16.34 MCC apply to all lots, structures and uses unless indicated otherwise. If city standards are adopted by the board the city standards shall apply. No structure or use shall be approved until all requirements in this chapter have been satisfied.
The provisions of this chapter are complementary and supplementary to other provisions of this title. In the event of a conflict between a provision of this chapter and a more restrictive provision of this title applicable to a particular lot, structure or use, the more restrictive provision shall apply. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 15.10.]
16.15.110 Height.
Within a UD zone the maximum height limit is 35 feet for dwellings. Other buildings and structures shall not exceed 45 feet in height. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 15.11.]
16.15.120 Front yards and yards abutting streets.
Within a UD zone the following front yards and yards abutting streets shall be provided:
A. Within the Salem/Keizer urban growth boundary, along the full extent of each front lot line or lot line abutting a street right-of-way line, there shall be a required yard 12 feet in depth; provided, however, garages or carports having a vehicle entrance facing a street right-of-way line shall be set back at least 20 feet from the street right-of-way line. For other urban growth boundaries the required yard shall be 20 feet.
B. Notwithstanding the provisions of subsection (A) of this section, there shall be a required yard of 20 feet from the right-of-way of a designated arterial or collector street or from the special setback established in MCC 16.27.210, whichever is greater.
C. Yards for accessory structures shall be subject to the requirements of Chapter 16.28 MCC.
D. Yards shall be as provided in the RS zone for lots in subdivisions and in MCC 16.26.800 for planned developments. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 15.12.]
16.15.130 Interior side yards.
Within a UD zone the following side yards shall be provided:
A. Except as provided in subsection (B) of this section side yards shall be at least five feet or the side yard requirement for the most restrictive zone allowed in the appropriate Comprehensive Plan designation, whichever is greater.
B. Side yards shall be as provided in the RS zone for lots in subdivisions and in MCC 16.26.800 for planned developments approved in the UD zone. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 15.13.]
16.15.140 Interior rear yards.
Within a UD zone the following rear yards shall be provided:
A. Except as provided in subsections (B) and (C) of this section, 14 feet for any single-family dwelling, and 20 feet for any portion of a building other than a single-family dwelling.
B. Setbacks for accessory structures shall meet the requirements of Chapter 16.28 MCC.
C. Rear yards shall be as provided in the RS zone for lots in subdivisions and in MCC 16.26.800 for planned developments. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 15.14.]
16.15.200 Landscaping.
Within a UD zone:
A. All portions of required yards lying between a street and the primary building or between the street and any sight-obscuring fence, wall or hedge located within the required yard shall be landscaped.
B. All required landscape areas shall be landscaped as provided in Chapter 16.29 MCC. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 15.20.]
16.15.300 Divisions of land.
A. A subdivision, residential planned development or other residential development involving the division of land into four or more lots intended to be occupied by dwellings or mobile homes may be considered on property in the UD zone if:
1. Public sewer and water will be available at the time of development;
2. The development complies with the requirements of the RS zone; and
3. The applicable Comprehensive Plan designation allows residential development of the type and density proposed.
B. The following regulations shall apply when property line adjustments and partitionings of land within the UD zone as regulated by Chapter 16.33 MCC:
1. Existing Lots with Dwellings. The dwelling and immediately surrounding area may be separated from the remaining property provided:
a. The location of lot lines shall not significantly reduce feasible options for the future location of urban roads or services, or preclude basic development options on the property or adjacent properties. If the applicable comprehensive plan designates the property for single-family residential uses, a development plan may be required which demonstrates that the proposed division will not preclude future subdivision achieving the median density proposed in the Comprehensive Plan.
b. Any additional street right-of-way required by adopted standards is dedicated along the lot’s street frontage.
c. If the dwelling is within 300 feet of a sewer line capable of serving the dwelling, the dwelling shall be connected to the sewer.
d. Street and drainage improvements applicable to any street abutting the dwelling lot shall be required at the time the remnant parcel is developed through an improvement agreement.
2. The minimum lot size for partitionings and property line adjustments shall be 6,000 square feet for the dwelling lot. If the dwelling lot is proposed to be larger than 15,000 square feet, a redevelopment plan shall be required demonstrating that the proposed dwelling lot meets subsection (B)(1)(a) of this section. The location of lot lines on the dwelling lot shall conform to the yard requirements of the RS zone. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 15.30.]
16.15.310 Zone change requirement and automatic rezoning.
A. Residential uses not permitted in MCC 16.15.010(A), or as a conditional use in MCC 16.15.020, and any other use not allowed in the UD zone may only be considered as part of an application for a change to a zone that allows the proposed use.
B. Notwithstanding the zone change procedures in this title, upon approval and recordation of a subdivision or planned development or partition plat as prescribed in Chapter 16.33 MCC, the land included in the plat shall automatically be rezoned to the RS (single-family residential) zone and the official zoning map shall be amended accordingly, unless the decision approving the plat expressly provides for retention of the UD zone, or a change to another zone is approved as part of a concurrent zone change application.
C. 1. Notwithstanding the zone change procedures in this title, upon the effective date of a conditional use permit, the lot upon which the approved use is to be located shall automatically be rezoned as provided in subsection (C)(3) of this section and the official zoning map shall be amended accordingly; however, the decision approving the conditional use may expressly provide for retention of the UD zone, expressly limit the zone change to a described portion of the lot, or provide for a change to another zone if approved as part of a concurrent zone change application.
2. Notice of the decision granting a conditional use that includes automatic rezoning shall be provided in the manner required for a decision granting a zone change.
3. Conditional uses approved on property designated for residential uses in the applicable comprehensive plan shall be rezoned to RS (single-family residential).
Conditional uses approved on property designated for commercial uses shall be rezoned to CO (commercial office). Conditional uses approved on property designated for industrial uses shall be rezoned to IC (industrial commercial). [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 15.31.]
16.15.400 Informational reference to additional standards.
Additional use and development standards may be found in the following chapters:
|
Floodplain Overlay Zone |
Chapter 16.19 MCC |
|
Greenway Management Overlay Zone |
Chapter 16.20 MCC |
|
Airport Overlay Zone |
Chapter 16.21 MCC |
|
Geologically Hazardous Areas Overlay Zone |
Chapter 16.24 MCC |
|
Planned Developments |
Chapter 16.26 MCC |
|
General Development Standards and Regulations |
Chapter 16.27 MCC |
|
Development Standards for Secondary, Accessory and Temporary Structures |
Chapter 16.28 MCC |
|
Landscaping |
Chapter 16.29 MCC |
|
Off-Street Parking and Loading |
Chapter 16.30 MCC |
|
Subdivision and Partition Requirements |
Chapter 16.33 MCC |
[Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 15.40.]