Chapter 2.2 RESIDENTIAL (R) DISTRICTS

Chapter 2.2
RESIDENTIAL (R) DISTRICTS

Sections:

2.2.100 Residential districts – Purpose and applicability.

2.2.110 Residential districts – Allowed land uses.

2.2.120 Residential districts – Development standards.

2.2.130 Residential districts – Setback yards – Exceptions, reverse frontage lots and flag lots.

2.2.140 Reserved.

2.2.150 Residential districts – Housing density.

2.2.160 Residential districts – Lot coverage and impervious surfaces.

2.2.170 Residential districts – Building height, measurement and exceptions.

2.2.180 Residential districts – Building orientation.

2.2.190 Residential districts – Architectural design standards.

2.2.200 Residential districts – Special use standards.

2.2.100 Residential districts – Purpose and applicability.

A. Purpose. The residential districts promote the livability, stability and improvement of the city’s neighborhoods. The districts are intended to:

1. Promote the orderly development of neighborhoods.

2. Make efficient use of land and public services and implement the comprehensive plan.

3. Designate land for the range of housing types and densities needed by the community, including owner-occupied and rental housing.

4. Allow for convenient neighborhood access to parks, schools, places of worship, and other supportive services, compatible with planned residential densities.

5. Provide flexible lot standards that encourage compatibility between land uses, efficiency in site design, and environmental compatibility.

6. Provide for compatible building and site design at an appropriate neighborhood scale; provide standards that are in character with the landforms and desired architectural character of Silverton.

7. Apply the minimum amount of regulation necessary to ensure compatibility with existing residences, schools, parks, transportation facilities, and neighborhood services.

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

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

10. Accommodate acreage residential uses in areas not yet served with urban infrastructure.

B. Applicability. The land use districts shall be applied consistently with the policies and land use designations of the city of Silverton comprehensive plan text and map. Where the comprehensive plan allows for the possible application of more than one land use district (i.e., at the time of annexation or any proposed rezoning), the districts shall be applied appropriately based on the following criteria and consistent with the amendment procedures in Chapter 4.7 SDC. Densities may be transferred or adjusted through the planned development approval process under Chapter 4.5 SDC, provided the overall density on the site conforms with the density range allowed per the comprehensive plan designation. The purpose of this is to provide for exceptional development designs that conserve open spaces and meet other community planning objectives.

1. The single-family residential (R-1) zone is one of the land use districts that implements the single-family residential comprehensive plan land use designation. It is intended primarily for household and group living at densities generally ranging from two dwellings per acre to not more than six dwellings per acre. Hillside properties zoned R-1 shall also be subject to the hillside protection overlay zone provisions under Chapter 2.6 SDC.

2. The low density residential (R-5) zone is one of the land use districts that implements the single-family residential comprehensive plan land use designation. It is intended to accommodate a variety of household and group living uses, including attached and detached dwellings, on small and medium-size lots, at densities generally ranging from five dwellings per acre to not more than 10 dwellings per acre. The R-5 district is an appropriate transition between R-1 zoning and higher density residential or commercial districts.

3. The multiple-family residential (RM-10) zone is one of the districts that implements the multifamily comprehensive plan land use designation. It is intended to accommodate a variety of household and group living uses, including multiple-family, attached single-family and small-lot detached dwellings, at densities generally ranging from 10 dwellings per acre to not more than 20 dwellings per acre. The RM-10 district is an appropriate transition between R zoning and higher density residential or commercial districts.

4. The multiple-family residential (RM-20) zone is one of the zones that is intended to accommodate household and group living uses, including multifamily and attached single-family dwellings, at densities generally ranging from 20 dwellings per acre to not more than 32 dwellings per acre. The RM-20 district provides for a variety of higher density residential living options.

5. The acreage residential (AR) zone is intended to provide appropriate regulations governing the division and development of lands designated acreage residential in the comprehensive plan. These are properties which prior to being annexed to the city may have been developed consistent with Marion County’s rural regulations. The district allows the continued use of existing rural residential developments provided they do not exceed the environmental and public service capabilities of the area. It also recognizes that properties designated AR are in transition from rural to urban uses. Certain uses, such as farming, that may not be permitted on other lands within the city limits may otherwise be allowed on AR lands. It is not intended to be an alternative zoning designation for lands that are already designated to accommodate future urban development at higher densities. (Ord. 21-04 § 2, 2021; Ord. 08-06 § 3, 2008)

2.2.110 Residential districts – Allowed land uses.

Table 2.2.110.A identifies the land uses that are allowed in the residential districts. The specific land use categories are described and examples of uses are provided in Chapter 1.6 SDC. Land uses may not be modified through a planned development, except as provided in Chapter 4.5 SDC. Table 2.2.110.B specifies the land uses allowed in the acreage residential district.

Table 2.2.110.A – Land Uses Allowed in Residential Districts (R-1, R-5, RM-10, RM-20)
Uses	Status of Use in District
Use Categories (Examples of uses are in Chapter 1.6 SDC; definitions are in Chapter 1.5 SDC.)	Single-Family Residential (R-1)	Low Density Residential (R-5)	Multiple-Family Residential (RM-10)	Multiple-Family Residential (RM-20)
Residential Categories
Household Living
Single-family detached (does not include cottage cluster developments)	P	P	P	P
Accessory dwelling, per SDC 2.2.200	S	S	S	S
Duplex (2 dwellings on 1 lot)	P	P	P	P
- More than 1 duplex (4+ units) consecutively attached, per SDC 2.2.200	N	DR	DR	DR
Single-family attached (2 or more common-wall single-family dwellings), each on its own lot, per SDC 2.2.200	N	S	S	S
Cottage cluster (2 – 4 single-family dwellings on 1 lot), per SDC 2.2.200	N	DR	DR	DR
Manufactured home on individual lot, per SDC 2.2.200, except manufactured home subdivisions	S	S	S	S
Manufactured home park, per SDC 2.2.200
- Lawfully existing as of November 5, 2008	N/A	N/A	N/A	N/A
- New manufactured home park	N	DR	DR	N
Multifamily (3 or more dwellings on lot), per SDC 2.2.200	N	DR	DR	DR
Shipping container or converted vehicles	N	N	N	N
Group Living
Group living (dormitories, sororities, fraternities)	N	N	CU	CU
Group care home, per SDC 2.2.200	P	P	P	P
Group care facility, per SDC 2.2.200	N	N	DR	DR
Group care institution, per SDC 2.2.200	N	N	DR	DR
Commercial Categories
Bed and breakfast inn	CU+S	CU+S	CU+S	CU+S
Home occupation, per the standards in SDC 2.2.200	S	S	S	S
Kennel	N	N	N	N
Industrial Categories	N	N	N	N
Institutional Categories
Basic utilities	P	P	P	P
Jails and detention facilities	N	N	N	N
Renewable energy facilities
- Accessory use	CU+S	CU+S	CU+S	CU+S
- Primary use	N	N	N	N
Nonrenewable energy facilities	N	N	N	N
Telecommunication facilities and towers	N	N	N	N
Daycare, adult or child
- Family daycare (16 or fewer children); subject to state licensing, ORS Chapter 657A	P	P	P	P
- Nonfamily daycare	CU	CU	CU	CU
Parks and open space
- Outdoor uses, including parking	P	P	P	P
- Lighted sports fields and/or buildings exceeding 2,000 square feet	CU	CU	CU	CU
Religious institutions and houses of worship
- Facilities lawfully established as of November 5, 2008	P	P	P	P
- New facilities	CU	CU	CU	CU
- Transitional shelter communities, per the standards in SDC 2.2.200(N)	CU	CU	CU	CU
Jails and Detention Facilities	N	N	N	N
Schools
- 20 or fewer students	P	P	P	P
- More than 20 students	CU	CU	CU	CU
Other Categories
Accessory structures (with a primary use)
- No taller than 22 ft. and no larger than 800 square feet of building footprint	S	S	S	S
- Taller than 22 ft. or larger than 800 square feet of building footprint, not to exceed primary structure’s floor area	CU	CU	CU	CU
Membrane carports/canopies are not allowed within any required setback
Farm use, keeping of livestock, except roosters and swine, if greater than 1 acre	P	N	N	N
Farm use, chickens	S	N	N	N
Farm use, sale of produce raised on premises	P	N	N	N
Agriculture – Nurseries and similar horticulture (indoor or outdoor)	P	P	P	P
Agriculture – Marijuana producers and grow sites, enclosed and nonenclosed	N	N	N	N
Radio frequency transmission facilities and telecommunication towers, excluding amateur radio antennas, when accessory to a permitted use, provided they do not exceed the permitted structure height	N	N	N	N
Nano radio frequency transmission facilities, per SDC 2.2.200(O)	S	S	S	S
Temporary uses (limited to “P” and “CU” uses), per SDC 4.9.100	P/CU	P/CU	P/CU	P/CU
Key:
P = Permitted, subject to land use review
S = Permitted with standards (SDC 2.2.200), except standards may be modified with a planned development overlay
DR = Design review required (Chapter 4.2 SDC)
CU = Conditional use required (Chapter 4.4 SDC)
N = Not permitted

Table 2.2.110.B – Land Uses Allowed in Acreage Residential District (AR)
Uses	Status of Use
Use Categories (Examples of uses are in Chapter 1.6 SDC; definitions are in Chapter 1.5 SDC.)
Residential Categories
Household Living
Single-family detached (does not include cottage cluster developments)	P
Accessory dwelling, per SDC 2.2.200	P
Duplex (2 dwellings on 1 lot)	N
Single-family attached (2 or more common-wall single-family dwellings), each on its own lot, per SDC 2.2.200	N
Cottage cluster (2 – 4 single-family dwellings on 1 lot), per SDC 2.2.200	N
Manufactured home on individual lot, per SDC 2.2.200, except manufactured home subdivisions	S
Manufactured home park, per SDC 2.2.200	N
Multifamily (3 or more dwellings on lot), except as provided for cottage housing	N
Group Living
Group care home, per SDC 2.2.200	P
Group care facility or institution, per SDC 2.2.200	N
Commercial Categories
Bed and breakfast inn	CU+S
Commercial use in conjunction with a farm use, involving primarily sales of produce or goods not produced on the premises	CU
Home occupation, per the standards in SDC 2.2.200	P
Kennels	CU
Other commercial uses not similar to those listed above	N
Industrial Categories	N
Institutional Categories
Basic utilities	P
Renewable energy facilities
- Accessory Use	CU+S
- Primary Use	N
Nonrenewable energy facilities	N
Telecommunication facilities and towers	N
Community services	P
Daycare, adult or child
- Family daycare (16 or fewer children); subject to state licensing, ORS Chapter 657A	P
- Nonfamily daycare	N
Parks and open space
- Outdoor uses, including parking	P
- Lighted sports fields and/or buildings exceeding 2,000 square feet	CU
Religious institutions and houses of worship
- Facilities lawfully established as of November 5, 2008	P
- New facilities, not exceeding 20,000 square feet in total floor area	CU
Jails and detention facilities	N
Schools
- 20 or fewer students	P
- More than 20 students	CU
Other Categories
Accessory structures (with a primary use)
- Meeting required setbacks and height regulations with a building footprint not to exceed the primary structure’s footprint	P
Membrane carports/canopies are not allowed within any required setback
Farm use, including livestock and the sale of produce that is raised on the premises; riding academies and public stables	P
Agriculture – Nurseries and similar horticulture (indoor or outdoor), except gardening that is allowed as ancillary to a permitted residential use	P
Agriculture – Marijuana producers and grow sites, enclosed and nonenclosed	N
Mining and/or excavation that is not accessory to a permitted use with applicable land use approval	N
Radio frequency transmission facilities and telecommunication towers, excluding amateur radio antennas, when accessory to a permitted use, provided they do not exceed the permitted structure height	N
Temporary uses (limited to “P” and “CU” uses), per SDC 4.9.100	P/CU
Transportation facilities (operation, maintenance, preservation, and construction per TSP)	P
Key:
P = Permitted, subject to land use review
S = Permitted with standards (SDC 2.2.200), except standards may be modified with a planned development overlay
DR = Design review required (Chapter 4.2 SDC)
CU = Conditional use required (Chapter 4.4 SDC)
N = Not permitted

(Ord. 21-04 §§ 3, 4, 2021; Ord. 19-05 § 1, 2019; Ord. 18-22 § 2, 2018; Ord. 16-01 § 3, 2016; Ord. 14-01 § 1 (Exh. A), 2014; Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008)

2.2.120 Residential districts – Development standards.

The development standards in Table 2.2.120.A apply to all uses, structures, buildings, and development, and major remodels, in the residential districts. Table 2.2.120.B specifies development standards for the acreage residential district. The standards may be modified with approval of a planned development.

Table 2.2.120.A – Development Standards for Residential Districts
Standard	R-1	R-5	RM-10	RM-20
Density* (DU/acre) – Min. and Max.	2 – 6 DU/acre, subject to dev. standards	5 – 10 DU/acre, subject to dev. standards	10 – 20 DU/acre, subject to dev. standards	20 – 32 DU/acre, subject to dev. standards
*See also SDC 2.2.150, Residential districts – Housing density.
Minimum Lot Area* (square feet)
Single-family detached or duplex, where vehicle access provided from street	7,000 sq. ft. interior 8,000 sq. ft. corner	5,000 sq. ft.	4,000 sq. ft.	4,000 sq. ft.
Single-family detached or duplex, where vehicle access provided from alley	6,000 sq. ft. interior 7,000 sq. ft. corner	4,000 sq. ft.	3,000 sq. ft.	3,000 sq. ft.
Single-family, attached, where vehicle access provided from street	Not permitted	5,000 sq. ft.	4,000 sq. ft.	4,000 sq. ft.
Single-family, attached, where vehicle access provided from alley	Not permitted	4,000 sq. ft.	2,200 sq. ft.	1,600 sq. ft.
Multiple-family or cottage cluster	Not permitted	2,000 sq. ft. per dwelling unit	2,000 sq. ft. per dwelling unit	1,200 sq. ft. per dwelling unit
Nonresidential uses, except tracts for open space and utilities	7,000 sq. ft.	5,000 sq. ft.	4,000 sq. ft.	4,000 sq. ft.
*Lot area is subject to min. and max. density. Sizes may be reduced by 10 percent through lot size averaging, per SDC 4.3.115, land divisions, or SDC 4.5.130, Planned development. Does not apply to open space and parks.
Minimum Lot Width*
Where vehicle access to be provided from street or flag lot	50 ft.	50 ft.	40 ft.	40 ft.
Where vehicle access to be provided from alley	50 ft.	40 ft.	20 ft.	16 ft.
*Width is measured at the front setback line. For flag lots, width is measured at the front setback line on the “flag” portion of the lot. The minimum width on the “pole” portion of such lots is 20 feet. See also SDC 4.3.115, Flexible lot size – Lots without street frontage – Flag lots – Minisubdivisions. All applicable setbacks, lot area, coverage and other standards must be met.
Minimum Lot Depth	60 ft.	60 ft.	60 ft.	60 ft.
Maximum Building Stories	2.5	2.5	3.0	3.0
Building/Structure Height
See also: SDC 2.2.130, Residential districts – Setback yards – Exceptions, reverse frontage lots and flag lots; SDC 2.2.200(A), Accessory Dwellings (Attached, Interior, Separate Cottage, or Above Detached Garage); SDC 3.1.200(N), Vision Clearance; SDC 3.2.500, Fences and walls.
Standard maximum height	35 ft.	35 ft.	35 ft.	35 ft.
Accessory structure and accessory dwelling height	22 ft.	22 ft.	22 ft.	22 ft.
Interior lot: fences, hedges, retaining/garden walls*
Max. height – Front yard	42 inches	42 inches	42 inches	42 inches
Max. height – Interior side	6 ft.	6 ft.	6 ft.	6 ft.
Max. height – Rear yard	6 ft.	6 ft.	6 ft.	6 ft.
Max. height – Reverse frontage lot (rear)	42 inches, or 6 ft. with 5 ft. landscape buffer between fence/wall and sidewalk	42 inches, or 6 ft. with 5 ft. landscape buffer between fence/wall and sidewalk	42 inches, or 6 ft. with 5 ft. landscape buffer between fence/wall and sidewalk	42 inches, or 6 ft. with 5 ft. landscape buffer between fence/wall and sidewalk
Corner lot: fences, retaining/garden walls
Max. height – Front yard within 50 ft. of through-curb intersection	42 inches *see Figure 3.2.500	42 inches *see Figure 3.2.500	42 inches *see Figure 3.2.500	42 inches *see Figure 3.2.500
Max. height – Front yard outside 50 ft. of through-curb intersection, at least 5 ft. from property line	6 ft	6 ft	6 ft	6 ft
Max. height – Side yard	6 ft	6 ft	6 ft	6 ft
Max. height – Rear yard	6 ft	6 ft	6 ft	6 ft
Alley	6 ft.	6 ft.	6 ft.	6 ft.
*Retaining walls taller than 4 feet and fences taller than 6 feet require a building permit.
1. Basic lot coverage standards Lot coverage by buildings and structures exceeding 30 inches above grade (foundation plane divided by lot area)	50%	50%	65%	75%
2. Lot coverage bonus	Allowable lot coverage may increase when driveways, rooftops, and/or parking surfaces are designed with approved green building methods such as vegetated swales, stormwater planter boxes, rooftop gardens, or porous paving materials approved through design review. Lot coverage may increase by a ratio of one-half (0.5) square foot for every one square foot of city-approved green building area.
Minimum landscape area (percent site area), as required under Chapter 3.2 SDC Additional usable open space area may be required for multifamily projects, per SDC 2.2.200.	All areas not covered by structures and pavement; not less than 10 percent of site	All areas not covered by structures and pavement; not less than 12 percent of site	All areas not covered by structures and pavement; not less than 10 percent of site	All areas not covered by structures and pavement; not less than 8 percent of site
Minimum Setbacks (feet):
See also: SDC 2.2.130, Residential districts – Setback yards – Exceptions, reverse frontage lots and flag lots; SDC 3.1.200(N), Vision Clearance; and SDC 3.2.500, Fences and walls.
Front/Street Setback
Primary structure	15 ft.
Garages and carport entries	20 ft.
Accessory structure and accessory dwelling	20 ft.
Front porch, balcony, portico, patio/garden wall and similar architectural elements that are less than 50 percent enclosed	12 ft. from right-of-way line, provided the structure does not conflict with vision clearance at intersections, utilities or easements
Note: Other standards may preclude building at a minimum setback. Be sure to avoid utilities, easements, and clear vision areas. See also special setback for planned street improvements under Chapter 3.4 SDC.
Side Setbacks
One-story structures	5 ft.
Two-story structures	7 ft.
Three-story structures	9 ft.
Accessory structure and accessory dwelling	5 ft.
Exceptions:
Alley minimum setback	5 ft.
Common walls when allowed	0 ft.
Rear Setbacks
One-story structure	20 ft.
Two-story structures	20 ft.
Three-story structures	20 ft.
Accessory structures and accessory dwellings	5 ft.
Porches, decks and similar structures	May encroach into rear yard setback 10 ft.
Exceptions:
Alley minimum setback	5 ft.
Common walls when allowed	0 ft.
Special setback for planned street improvements in residential districts	The city may require a minimum setback of up to 50 feet measured from the street center line to any structure, when a structure abuts a street containing less than the standard right-of-way for the subject street classification. Street classification and required right-of-way width are as indicated by the city of Silverton transportation system plan.
Special setbacks for accessory structures less than 200 square feet on corner lots	10 feet from street property lines and five feet from rear property lines, at least 50 feet from through curb intersection, outside of any vision clearance area.
Note: Other standards may preclude building at a minimum setback. Be sure to avoid utilities, easements, and clear vision areas. See also special setback for planned street improvements under Chapter 3.4 SDC.

Table 2.2.120.B – Development Standards for Acreage Residential Districts
Standard	AR
Density (DU/acre) – Maximum	No new lots will be allowed to be created through the subdivision or partition process until such time as sanitary sewer is provided to serve the proposed lot, and it can be shown that a need for additional residential lots cannot be met by additional lands elsewhere inside the urban growth boundary.
Minimum Lot Area (square feet)	N/A
Maximum Building/Structure Height
- Dwellings	35 ft.
- Farm-related structures on farm parcels	None
- Other structures	35 ft., except as otherwise approved with a conditional use
Minimum Setbacks for New Single-Family Dwellings
- Rear yard	50 ft.
- Side yard	25 ft.
- Front yard	50 ft.
Minimum Setbacks for Accessory Structures and Other Nonresidential Structures
- Rear yard	10 ft.
- Side yard	10 ft.
- Front yard	20 ft.
Exemptions
Properties which are designated AR shall be exempt from the following city regulations due to the rural character and uses allowed in the AR district	SMC 13.16.190, Privies, cesspools and septic tank prohibitions; SMC 8.04.050, Barbed wire and electric fence prohibitions; SMC 8.04.050, Hazardous containers and conditions; SMC 8.04.050, Attractive nuisances; SMC 8.04.050, Noxious vegetation; SMC 8.04.055, Noise disturbances; SMC 9.16.010, Discharging guns or other weapons prohibition. *Except that the owner shall be responsible for complying with all applicable county, state and federal rules and regulations pertaining to the above topics.

(Ord. 21-04 § 5, 2021; Ord. 16-04 § 2, 2016; Ord. 14-01 § 1 (Exh. A), 2014; Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008)

2.2.130 Residential districts – Setback yards – Exceptions, reverse frontage lots and flag lots.

A. Residential Yard Setbacks – Purpose. Residential setback yards provide space for private yards and building separation for fire protection/security, building maintenance, sunlight and air circulation. The setback yard standards contained in Table 2.2.120 are also intended to promote human-scale design and traffic calming by diminishing the visual presence of garages along the street and encouraging the use of pedestrian amenities, such as extra-wide sidewalks and street furnishings in multiple-family developments and in residential-commercial projects. The standards also encourage the orientation of buildings to provide street visibility for public safety and neighborhood security.

B. Setback Yards – Exceptions. Eaves, chimneys, bay windows, overhangs, and similar architectural features may encroach into a side yard setback by not more than 36 inches; provided, that a setback of not less than 36 inches is preserved, all applicable building and fire codes are met, and the clear vision standards in SDC 3.1.200 are met. Porches, decks and similar structures not exceeding 30 inches in height are not subject to setback provisions. Porches, decks and similar structures exceeding 30 inches in height may encroach into the rear setback no more than 10 feet and may encroach into the front yard as provided in Table 2.2.120. Walls and fences built on property lines are subject to the height standards in Table 2.2.120 and the provisions of SDC 3.1.200(N), Vision Clearance, and 3.2.500, Fences and walls.

C. Setback Yards – Reverse Frontage Lots. Buildings on reverse-frontage lots (through lots) shall be required to meet the street yard setback on both streets; a rear yard setback is not required. Reverse frontage lots are subject to the fence height and setback requirements in SDC 2.2.120 and the landscape buffer requirements in SDC 3.2.300.

D. Setback Yards – Flag Lots. Where flag lots are allowed, the front yard of the flag lot shall conform to one of the following, as designated by the approval body:

Option 1. Adjacent to the street from which access is taken, or

Option 2. Adjacent to the flag pole from which access is taken.

The applicant for a building permit may request either Option 1 or Option 2, except as otherwise prescribed by conditions of a partition or subdivision approval, and provided adequate setbacks and privacy screening or fencing are provided. The city may impose such conditions of approval as provided under SDC 4.3.115. (Ord. 08-06 § 3, 2008)

2.2.140 Reserved.

(Ord. 08-06 § 3, 2008)

2.2.150 Residential districts – Housing density.

A. Residential Density Standard. To ensure efficient use of buildable lands and to provide for a range of needed housing in conformance with the comprehensive plan, all new developments in the residential districts shall conform to the minimum and maximum densities prescribed in Tables 2.2.120.A and 2.2.120.B, except as provided in subsections (A)(1) through (3) of this section:

1. Residential care homes/facilities/institutions, senior housing, including assisted living, accessory dwellings, and developments in areas with significant natural resources or physical constraints (e.g., wetlands, unstable soils, steep slopes, etc.) are exempt from the minimum density standard.

2. The density standards may be averaged over more than one development phase when approved through a planned development.

3. Accessory dwellings are exempt from the density standards. Duplexes shall be counted as one dwelling unit for the purpose of determining compliance with maximum density standards. Duplexes may be counted as one or two dwelling units for the purpose of determining compliance with minimum density standards.

4. Partitions and construction of single-family homes on lots exceeding 20,000 square feet, except within the hillside protection overlay district, shall be planned so that infill development can occur in the future and such development can occur in accordance with other adopted plans (e.g., the city of Silverton transportation system plan) and the minimum lot size and other dimensional standards of the district. See also SDC 4.3.110(C), Future Redivision Plan. Densities may be transferred or adjusted through the planned development approval process under Chapter 4.5 SDC, to provide for exceptional development designs that conserve open spaces and meet other community planning objectives.

B. Residential Density Calculation.

1. Minimum and maximum housing densities are calculated by multiplying the total parcel or lot area by the applicable density range. Properties must be developed within the minimum and maximum range. Some properties may not be capable of accommodating development at maximum densities. Properties that cannot meet maximum density standards may consider transferring density and modifying allowable lot sizes and/or housing types through a planned development process. Typical constraints include street right-of-way requirements, parcel configuration, or the presence of natural features or physical constraints.

2. Areas reserved for flag lot access (flag poles) are not counted for the purpose of calculating minimum lot area.

3. Duplexes shall be counted as one dwelling unit for the purpose of determining compliance with maximum density standards. Duplexes may be counted as one or two dwelling units for the purpose of determining compliance with minimum density standards.

4. Housing density calculations resulting in fractions of dwelling units shall be rounded to the nearest whole number. (Ord. 21-04 § 6, 2021; Ord. 08-06 § 3, 2008)

2.2.160 Residential districts – Lot coverage and impervious surfaces.

A. Lot Coverage. The maximum allowable lot coverage shall be as provided in Table 2.2.120. Lot coverage by buildings is calculated as the percentage of a lot or parcel covered by buildings and structures exceeding 30 inches above grade, including enclosed and unenclosed structures (as defined by the foundation plane).

B. Impervious Surfaces. Impervious surface shall not exceed 50 percent of the required setback yards. Impervious surfaces are calculated as the percentage of a lot or parcel covered by building foundations, patios, decking, asphalt, concrete, gravel, and similar surfaces, except where such surfaces allow stormwater infiltration and are approved by the city for such purpose. Impervious area does not include planted areas, porous nonplant ground covers (e.g., mulch) and landscaped areas under eaves. (Ord. 08-06 § 3, 2008)

2.2.170 Residential districts – Building height, measurement and exceptions.

Building heights shall conform to the standards in Table 2.2.120, and subsections (A) through (C) of this section:

A. Building Height Measurement. The vertical distance from the grade plane to the average height of a pitched (gable or hip) roof, or the top of a mansard or flat roof including the parapet walls.

B. Exclusions from Maximum Building Height Standards. Rooftop structures, including towers, spires, steeples and other structures when built according to Section 1509 of the International Building Code, may extend 20 feet past the roof height requirement when approved by the planning commission and fire department.

C. Sloped Lots (Hillside Overlay District). The maximum allowable height on a sloping lot (12 percent or greater slope averaged from front to rear property line) shall be 35 feet and three stories. (Ord. 16-04 § 3, 2016; Ord. 08-06 § 3, 2008)

2.2.180 Residential districts – Building orientation.

A. Purpose. The following standards are intended to orient buildings close to streets to promote pedestrian-oriented development where walking is encouraged. Placing residences and other buildings close to the street also encourages neighborhood crime prevention, natural surveillance or security, and safety by having more “eyes on the street.”

B. Applicability. This section applies to all new primary structures.

C. Building Orientation Standards. All primary structures shall conform to the following:

1. Except as provided below, all primary structures shall have at least one primary entrance (i.e., dwelling entrance, lobby entrance, or breezeway/courtyard entrance serving a cluster of dwellings) facing an adjacent street, or if on a side elevation, not more than 30 feet from a street sidewalk. See Figure 2.2.180.C(1);

Figure 2.2.180.C(1) – Residential District Building Orientation

Acceptable

Not Acceptable

2. Except as allowed for single-family detached dwellings and duplexes, or as provided below, off-street parking, driveways, and other vehicle areas shall not be placed between buildings and the street(s) to which they are oriented, as per subsection (C)(1) of this section and Figure 2.2.180.C(1). Off-street parking and driveways may be placed between buildings and streets where the approval body finds that one of the following exemptions in subsections (C)(2)(a) through (e) of this section applies and allowing the exemption will not adversely affect pedestrian access, safety or convenience:

a. Schools, group care facilities, and public uses may have one drive aisle with parking, including ADA accessible spaces, located between the street and the primary building entrance; provided, that the building’s primary entrance is connected to an adjacent street by a pedestrian walkway; in such case, the driveway/parking area shall contain a clearly defined pedestrian crosswalk as specified in SDC 3.1.300. The intent of this exception is to allow limited use of driveways for drop-off or loading zones where the functional requirements of the use require such facilities.

b. Attached single-family housing developments (townhomes) with street-facing garages may have not more than one driveway access located between the street and the primary building entrance for every two dwelling units, provided the access meets the following criteria, as generally shown in Figure 2.2.180.C(2):

i. The maximum number of consecutively attached townhomes with garages facing the same street is six (three driveways);

ii. Where two abutting townhomes have street-facing garages, they shall share one driveway access that does not exceed 24 feet in width where it crosses the sidewalk and intersects the street. The intent of this standard is to minimize sidewalk interruptions and maximize the space available for on-street parking;

iii. The townhomes’ primary entrances shall be connected to an adjacent sidewalk via pedestrian walkway of not less than three feet in width; such walkway may adjoin the driveway described in subsection (C)(2)(b)(i) of this section to minimize paving;

iv. Street-facing garages shall be set back at least 20 feet from the street property line; where a building is placed less than 20 feet from the street property line, the 20-foot garage setback may be accomplished by recessing the garage behind the front building elevation.

Figure 2.2.180.C(2) – Townhome Building Orientation

c. Parking may be placed between a building and an adjacent street where the street is a designated arterial street under the Silverton transportation system plan, and the approval body finds that such orientation provides greater pedestrian accessibility, comfort and/or safety than would otherwise be provided.

d. Where a development contains multiple buildings and there is insufficient street frontage to which buildings can be oriented, a primary entrance may be oriented to common green, open space, plaza, or courtyard. When oriented in this way, the primary entrance(s) and green, plaza, or courtyard shall be connected to the street by a pedestrian walkway meeting the standards in SDC 3.1.300. See also Figure 2.2.180.C(1).

e. Where live-work or other commercial uses are allowed, any off-street parking shall be located behind or to the side of such building(s) and screened from abutting properties in accordance with Chapter 3.2 SDC (See Figure 2.2.180.C(3)). Off-street parking shall not be located between any building and any street.

Figure 2.2.180.C(3) – Commercial Orientation in a Residential District

(Ord. 21-04 § 7, 2021; Ord. 08-06 § 3, 2008)

2.2.190 Residential districts – Architectural design standards.

A. Purpose. The purpose of this section is to promote the public health, safety, and welfare by requiring at least a minimum level of design on every building and varied building elevations in large developments. The design standards are also intended to promote architectural compatibility and harmony within Silverton’s existing residential neighborhoods as infill development occurs. The standards support context-appropriate, pedestrian-scale design and crime prevention by providing street visibility from residential structures, while affording flexibility to use a variety of building styles.

B. Applicability. This section applies to all new primary residential structures and accessory dwellings. It does not apply to remodels of, or additions to, existing single-family dwellings including conversion of an existing single-family dwelling into a duplex, existing accessory dwellings, existing duplexes, or designated historic structures. The standards and criteria in this section are applied through the land use review or design review procedure (Chapter 4.2 SDC), as applicable, prior to building permit review. The provisions under subsection (C) of this section may be adjusted through the design performance option in SDC 4.2.510.

C. Standards. All projects that are subject to this section shall meet all of the standards in subsections (C)(1) through (5) of this section, except as modified through SDC 4.2.510, Design performance option. The graphics provided with each standard are intended to show examples of how the standards can be met and should not be interpreted as requiring a specific architectural feature or style. Other building styles and designs can be used to meet the standards when the approval body finds they are consistent with the text. An architectural feature, as shown below, may be used to comply with more than one standard.

1. Building Length. The continuous horizontal distance, as measured from end-wall to end-wall, of individual buildings shall not exceed 88 feet in the R-1, R-5, and RM-10 districts and 120 feet in the RM-20 district.

2. Articulation. All buildings shall incorporate design features such as varying roof lines, offsets, balconies, projections (e.g., overhangs, porches, or similar features), recessed or covered entrances, window reveals, change in materials or textures (e.g., stone or faux stone, brick, wood or concrete-wood (shakes versus lap or board and batten siding, etc.)), or similar elements to break up large expanses of uninterrupted building surfaces or blank walls. Along the horizontal and vertical face of a structure, and on all building stories, such elements shall occur at least once every 20 feet, and each floor shall contain at least two elements, as generally shown in the figures in this section.

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

b. Extension (e.g., floor area, deck, patio, entrance, overhang, or similar feature) projecting a minimum of two feet and running horizontally for a minimum length of four feet;

c. Offsets or breaks in roof elevation of two feet or greater in height; and/or

d. Change in materials, where one material is the predominant material on all elevations (e.g., where wood lap siding is the predominant material, brick, stone or faux stone could be selected for wainscoting or column accents; and wood or wood-appearance shingles could be used as accents on gable ends, etc.).

Figure 2.2.190.C(4) – Building Length and Articulation (Multifamily Housing Example)

3. Eyes on the Street. All building elevations visible from a street right-of-way shall provide prominent defined entrances, and a combination of windows, doors, porches, balconies, and terraces. 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 a percentage of surface area and horizontal plane (lineal feet), shall meet this standard. Windows used to meet this standard shall be proportionately sized and evenly distributed, as generally shown in the figures above. The standard applies to each full and partial building story.

4. Garage. An attached or detached garage or carport with capacity for the minimum required parking required by SDC Table 3.3.300.A shall be required for all new single-family homes and duplexes.

5. Detailing and Design Variety. All buildings shall provide detailed design on all street-facing walls (i.e., those oriented 45 degrees or less from street lot line). Detailed design shall be provided by using at least five of the architectural features in subsections (C)(5)(a) through (u) of this section as is appropriate for the proposed building type and style. The applicant may select the desired elements. It is not within the approval body’s authority to prescribe specific elements except when the project is being reviewed as part of a planned development or conditional use request, or it is subject to the design performance option under subsection (C)(5)(v) of this section, only in these cases may the approval body require specific design elements or features, consistent with the purpose in subsection (A) of this section.

a. Dormers;

b. Gables (roof pitch minimum of 4:12);

c. Recessed entries;

d. Covered porch entries or portico;

e. Cupolas or towers;

f. Pillars or posts;

g. Eaves (minimum six-inch projection);

h. Off-sets in building face or roof (minimum 16 inches);

i. Window trim (minimum two inches wide);

j. Bay windows;

k. Balconies;

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

m. Decorative cornice or pediment (e.g., for flat roofs);

n. Decorative shingles and molding on gable end;

o. Gable end truss;

p. Recessed garage;

q. Decorative accent (brick, stone, rock, etc.) on front facade;

r. Projected entries;

s. Window detail (mullions or other);

t. Pitched roof, minimum 4:12;

u. Shutters;

v. An alternative feature providing visual relief, similar to subsections (C)(5)(a) through (u) of this section, as approved through the design performance option under SDC 4.2.510.

Figure 2.2.190.C(5) – Examples of Architectural Elements (illustrative only)

Example 1

Figure 2.2.190.C(6) – Examples of Architectural Elements (illustrative only)

(Ord. 21-04 §§ 8, 9, 2021; Ord. 14-01 § 1 (Exh. A), 2014; Ord. 08-06 § 3, 2008)

2.2.200 Residential districts – Special use standards.

This section provides standards for specific land uses and building types, as identified in Table 2.2.110.A, that control the scale and compatibility of those uses within the residential districts. The standards in this section supplement (are in addition to and do not replace) the standards in SDC 2.2.100 through 2.2.190, and applicable building codes. This section applies to the following uses and building types, as specified in subsections (A) through (K) of this section:

• Accessory dwellings (subsection (A) of this section);

• Attached single-family (townhouses) and attached duplexes (subsection (B) of this section);

• Bed and breakfast inns (subsection (D) of this section);

• Cottage cluster (subsection (E) of this section);

• Group living (residential care homes and facilities) (subsection (F) of this section);

• Home occupations (subsection (G) of this section);

• Manufactured homes on individual lots (subsection (H) of this section);

• Manufactured/mobile home parks (subsection (I) of this section);

• Multiple-family housing (subsection (J) of this section);

• Renewable energy facilities (subsection (K) of this section).

A. Accessory Dwelling (Attached, Interior, Separate Cottage, or Above Detached Garage). Accessory dwellings shall conform to all of the following standards:

1. Floor Area. Accessory dwellings shall not exceed 800 square feet of floor area, or 60 percent of the primary unit, whichever is less;

2. Exempt from Density. Accessory dwellings are exempt from the housing density standards of the residential districts;

3. Structure Types. The structure complies with the applicable state building code, or is a manufactured home meeting the standards of subsections (H)(2), (3), (5), (6), (7) and (8) of this section;

4. One Unit. A maximum of one accessory dwelling unit is allowed per detached single-family house, attached house or manufactured home outside of a manufactured home park. A lot may be developed as either a primary dwelling and an accessory dwelling unit, or as a duplex, so long as the total number of dwelling units does not exceed two;

5. Development Standards. The dwelling shall conform to the lot standards in Tables 2.2.120.A and 2.2.120.B.

6. Design Standards. The dwelling shall conform to the architectural design standards of SDC 2.2.190.

B. Attached Single-Family (Townhouses) and Two or More Duplexes Attached. Attached housing with three or more dwellings, and attached duplex housing (two or more consecutively attached duplexes), shall conform to the standards in subsections (B)(1) through (2) of this section, which 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. Alley Access Required for Subdivisions Containing Townhomes or Duplexes. Subdivisions, or blocks within subdivisions, containing more than six consecutively attached single-family dwellings, or four or more attached duplexes (eight-plus dwelling units), shall provide vehicle access to all such lots and units from an alley or parking court, as described in SDC 3.1.200. Alley(s) and parking court(s) shall be created at the time of subdivision approval, and may be contained in private tracts or, if approved by the city, in public right-of-way, in accordance with SDC 3.4.100, Transportation standards, and Chapter 4.3 SDC, Land Divisions and Property Line Adjustments.

2. Common Areas. Any common areas (e.g., landscaping, private tracts, common driveways, private alleys, building exteriors, and/or similar common areas) shall be owned and maintained by a homeowners’ association or other legal entity. A copy of any applicable covenants, restrictions and conditions shall be recorded and provided to the city prior to building permit approval.

C. Repealed by Ord. 21-04.

D. Bed and Breakfast Inns. Where bed and breakfast inns are allowed, they shall require approval through conditional use review (Type III) and conform to all of the following standards:

1. Accessory Use. The use must be accessory to a household already occupying the structure as a residence.

2. Maximum Size. In the R-1 and R-5 zones, four bedrooms for guests, and a maximum of eight guests are permitted per night; in the RM-10, RM-20 and DCF zones, 12 bedrooms are allowed for guests, with a maximum of 24 guests per night.

3. Length of Stay. Maximum length of stay is 28 days per guest; anything longer is classified as a hotel or commercial lodging. The bed and breakfast shall maintain a guest registry.

4. Employees. Up to two nonresident employees. There is no limit on resident employees.

5. Food Service. May be provided only to overnight guests of the business.

6. Owner-Occupied. Shall be owner-occupied.

7. Signs. Signs shall require a sign permit approved by the city of Silverton, and not exceed a total of four square feet of surface area on all sides.

8. Other Permit or Licensing Requirements. The owner of a bed and breakfast use shall be responsible for obtaining and complying with all other applicable permit and/or licensing requirements.

E. Cottage Cluster. Where a lot is developed with two or more detached dwellings, the development shall conform to the following standards which are intended to provide light, air, and open space for the occupants:

1. Vehicular Access. The furthermost distance from all dwellings to the closest abutting public street shall be no more than 150 feet, or an approved fire apparatus lane may be required to serve the development.

2. Central Green. The dwellings shall abut a central open space or green of not less than 400 square feet per dwelling (1,600 square feet for four dwellings). The green shall provide benches and other amenities for residents and have a minimum width of 20 feet, except where additional building separation is required under applicable building codes. A homeowners’ or condominium association shall be responsible for ongoing maintenance of the green and enforcement of any shared parking.

3. Parking. Two parking spaces are required for each dwelling, plus one space for each four units. The parking spaces for all dwellings shall be oriented away from the green. Parking may be provided in parking bays, garages or carports, attached or detached from the cottages. When provided in a parking lot, parking spaces shall be screened from abutting properties and walkways shall be provided, as specified under SDC 3.2.300.

4. Design Review. Design review shall be required for new cottage developments, including conversion of existing single-family homes to cottage developments, to ensure conformance with parking, landscaping, architectural review, and other code requirements.

F. Group Living (Residential Care Homes, Residential Care Facilities, and Residential Care Institutions). Group living includes a variety of residential living arrangements (see SDC 1.6.100(A)). Residential care provides lodging, care, treatment, or training for children and/or adults and is licensed by the state of Oregon. Residential care may provide residential care alone, or in conjunction with treatment and/or training, for six or fewer individuals (“homes”) or for seven to 15 individuals (“facilities”), or for 16 or more individuals (“institutions”), who need not be related. Staff persons required to meet state licensing requirements are not counted in the number of facility residents and need not be related to each other or the residents. Residential care homes and facilities consistent with ORS 197.660 through 197.670, and institutions consistent with ORS 443.400 through 443.455, shall comply with the following standards:

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

2. Parking. Parking in accordance with Chapter 3.3 SDC.

3. Design Review. Design review shall be required for new structures to be used as residential care facilities or institutions, to ensure compliance with the licensing, parking, and other requirements of this code.

G. Home Occupations. The purpose of this section is to encourage those who are engaged in small commercial ventures that could not necessarily be sustained if it were necessary to lease commercial quarters, or which, by the nature of the venture, are appropriate in scale and impact to be operated within a residence. Home occupations are encouraged for their contribution in reducing the number of vehicle trips often generated by conventional businesses:

1. Home occupations meeting the standards in subsection (G)(2) of this section are allowed outright, provided the owner has obtained and is in compliance with all applicable permit and licensing requirements, and all other uses and structures on the subject property are in conformance with all applicable city codes and requirements.

2. Standards for Home Occupations.

a. The use is carried on only by members of the family residing on the premises and not more than one outside employee or volunteer who does not exceed 40 hours per week.

b. The home occupation shall be continuously conducted in such a manner as not to create any public or private nuisance, including, but not limited to, offensive noise, vibration, smoke, dust, odors, heat or glare resulting from the operation noticeable at or beyond the property line, fire hazards, or electronic, electrical or electromagnetic interference. In a residential zone noise associated with the home occupation of more than 55 dba at the lot line is prohibited.

c. The home occupation shall be conducted entirely within the dwelling or any attached garage or within an unattached enclosed accessory building.

d. In residential zones, no structural alterations shall be made to the dwelling that would be inconsistent with future use of the building exclusively as a dwelling.

e. No alteration to or use of the premises shall be made such as to reduce the number of required on-site parking spaces.

f. In residential zones there shall be no display, other than the allowed sign, which would indicate from the exterior that the building is being used for any purpose other than a dwelling.

g. There is no visible outside storage of materials other than plant materials.

h. The use does not adversely affect the residential character of the neighborhood, nor infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their homes.

i. There is not excessive generation of traffic created by the home occupation, including frequent deliveries and pickups by trucks or other vehicles.

j. All visits by suppliers or customers shall occur between the hours of 7:00 a.m. and 7:00 p.m.

k. Construction businesses may be allowed when vehicles are screened by a sight-obscuring fence, wall or hedge or vehicles are parked in a building. All repairs and storage of materials shall occur within a building. There shall not be more than two vehicles associated with the home occupation parked on the premises at one time.

l. Where a home occupation involves deliveries one off-street loading space shall be provided. If visits by customers occur, two additional off-street parking spaces shall be provided if the street along the lot frontage does not provide paved area for at least two parallel parking spaces within 100 feet of the residence. During normal loading/unloading or customer parking periods, the off-street loading and parking shall be reserved exclusively for that use.

m. The residence shall not be used as headquarters or main office for assembly or dispatch of employees to other locations.

n. The rental of separate living quarters within a single-family residence is limited to not more than one bedroom which does not contain separate cooking facilities and which has a maximum occupancy of two persons.

o. Home occupations conducted as a for-profit business shall obtain business licenses in accordance with Chapter 5.12 SMC.

3. Prohibited Home Occupation Uses.

a. Auto body repair and painting.

b. Ongoing mechanical repair conducted outside of an entirely enclosed building.

c. Storage and/or distribution of toxic or flammable materials, and spray painting or spray finishing operations which involve toxic or flammable materials which in the judgment of the fire chief of the Silverton fire district pose a dangerous risk to the residence, its occupants, and/or surrounding properties.

d. Junk and salvage operations.

e. Storage and/or sale of fireworks in quantities judged by the fire chief of the Silverton fire district to be dangerous.

f. Marijuana processors, producers, retailers, wholesalers, dispensaries, by any individual or businesses for commercial purposes for which a license from the OLCC is required, or grow sites.

4. Enforcement.

a. Complaints regarding home occupations may be initiated by the city of Silverton or the public. Complaints must be related to noncompliance with the standards listed above.

b. The community development director shall make a determination of whether the alleged violation of the home occupation provisions has occurred. The determination will result in allowing the use to continue as it exists, ordering termination, or bringing into compliance with the home occupation standards.

c. If a notice of termination or an order to bring the use into compliance is given, the respondent shall be provided a reasonable time to cure or remedy the alleged infraction after the notice is given. The time allowed shall not be less than 24 hours, nor more than 30 days. Where there is an extreme hardship, additional time may be granted to the respondent. Notwithstanding the remedial time period specified above, if the community development director determines that the alleged infraction presents an immediate danger to the public health, safety or welfare, or that any continuance of the violation would allow the respondent to profit from the violation or would otherwise be offensive to the public at large, the director may require immediate remedial actions.

d. If the community development director is unable to serve a notice of infraction on the respondent or, if after such service the respondent refuses or is unable to remedy the infraction, the city may proceed to remedy the infraction as provided in SMC 15.08.790.

H. Manufactured Homes on Individual Lots. Manufactured homes are permitted on individual lots as single-family houses or duplexes, subject to all of the following design standards. Exception: The following standards do not apply to units that were lawfully placed within the city prior to the effective date of the ordinance codified in this code.

1. Floor Plan. The manufactured home shall be multi-sectional 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. A garage or carport shall be provided and be constructed of materials like those used on the house;

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 current energy efficiency standards is deemed to satisfy the exterior thermal envelope certification requirement. Additional manufacturer certification shall not be required;

6. Placement. The manufactured home shall be placed on an excavated and backfilled foundation and enclosed at the perimeter such that the manufactured home is located not more than 16 inches above grade, unless greater height is required as a result of the floodplain overlay provisions (Chapter 2.5 SDC) and complies with the minimum set-up standards of the adopted state Administrative Rules for Manufactured Dwellings, OAR 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 with a decay-resistant material;

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

9. Design Standards. The manufactured home shall conform to the architectural design standards of SDC 2.2.190.

I. Manufactured/Mobile Home Parks. Manufactured/mobile home parks (not including recreational vehicles) are permitted on parcels of one acre or larger, subject to compliance with subsections (I)(1) through (5) of this section:

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

2. Space. The minimum size pad or space for each dwelling 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(c).

3. Setbacks and Dwelling Separation. The minimum setback between park structures and abutting properties is five 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. Perimeter Landscaping. When manufactured dwellings are oriented with their back or side yards facing a public right-of-way, the city may require installation of fencing and planting of a landscape buffer between the right-of-way and a manufactured home park for the privacy and security of residents or aesthetics of the streetscape.

5. Dwelling Design (For Parks Smaller Than Three Acres). Manufactured dwellings in parks smaller than three acres shall meet the following design standards, consistent with ORS 197.314(6):

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

b. The manufactured dwelling 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);

c. Exception. Subsections (I)(5)(a) and (b) of this section do not apply to manufactured dwellings that existed within the city prior to November 5, 2008.

J. Multiple-Family Housing. Where multifamily housing is allowed, it shall conform to all of the following standards, which are intended to promote livability for residents and compatibility with adjacent uses. Figure 2.2.200.H provides a conceptual illustration of the requirements listed below.

1. Building Design and Separation. The architectural design standards under SDC 2.2.190 apply. In addition, when more than one multifamily building is built on a site, the buildings shall be separated from one another by a landscaped courtyard that is not less than 20 feet wide, unless the buildings are arranged end to end; in such case building separation may be reduced to 10 feet, provided no doorway or entry opens into the space between the buildings and applicable building codes are met.

2. Common Usable Open Space. Multiple-family developments shall incorporate not less than 15 percent common usable open space. Common usable open space shall be provided in accordance with all of the following criteria:

a. The site area is defined as the lot or parcel on which the development to be located, after subtracting any required dedication of street right-of-way and other land for public purposes (e.g., public park or school grounds, etc.);

b. In meeting the common usable open space standard, the multiple-family development shall contain one or more of the following: outdoor recreation area, protection of sensitive lands (e.g., trees preserved), playfields, outdoor playgrounds, outdoor sports courts, swimming pools, walking fitness courses, pedestrian amenities, or similar usable open space amenities for residents;

c. Historic buildings or landmarks within the project that are open to the public may count toward meeting the common open space requirements when approved by the planning commission;

d. All common open space areas shall have an average width that is not less than 20 feet and an average length that is not less than 20 feet;

e. The common open space requirement may be waived for a project that dedicates and improves a new public neighborhood park or playground of not less than one-quarter acre;

3. Private Open Space. Private open spaces shall be required for all ground-floor dwellings, and not less than 50 percent of all upper-story dwellings. “Private open space” shall be a patio, deck or other improved surface of not less than 48 square feet.

Figure 2.2.200.H – Examples of Multiple-Family Open Space

4. Trash Receptacles. Adequate solid waste storage and recycling facilities shall be provided. Trash receptacles shall be oriented away from building entrances, set back at least 10 feet from any public right-of-way and adjacent residences and shall be screened with an evergreen hedge or solid fence or wall of not less than six feet in height. Receptacles must be accessible to trash pick-up trucks.

K. Renewable Energy Facilities. Where renewable energy facilities are allowed, they shall require approval through conditional use review (Type III) and conform to all of the following standards:

1. Accessory Use. The use must be accessory to an allowed use within a residential district.

2. Maximum Height. Renewable energy facilities structures built according to the International Building Code shall be limited to a total height of 55 feet when approved by the planning commission and fire department.

3. Setbacks. Facilities which exceed 35 feet in height shall be set back a distance at least equal to the facility’s total height from all property lines.

4. Performance Standards. Renewable energy facilities shall not exceed the performance standards stated by SDC 2.4.170(C).

5. Landscaping. Screening and buffering for the facility shall follow the standards of SDC 3.2.300. When renewable energy facilities are allowed, the subject site shall be considered to be located within the IP district when applying the standards of the Screening and Buffering Matrix.

6. Exempt from Conditional Use Process. Installation and use of solar photovoltaic energy systems or solar thermal energy systems are exempt from the conditional use process and shall be processed as a Type I procedure if installation can be accomplished:

a. Without increasing the footprint of the structure.

b. Without increasing the peak height of the section of roofs with a slope of 6:12 or greater where the system is located.

c. This exemption does not apply to solar energy systems located on structures that are federally or locally designated historic buildings, on landmarks or conservation landmarks, and in a historic district or an area designated as a significant scenic resource unless the material used is designated anti-reflective or less than 11 percent reflective.

7. Other Permit or Licensing Requirements. The owner of the facility shall be responsible for obtaining and complying with all other applicable permit and/or licensing requirements.

L. Accessory Structure. Accessory structures shall conform to all of the following standards:

1. Floor Area. Accessory structures with a building footprint greater than 200 square feet and no more than 800 square feet are permitted under the Type I approval process. Accessory structures with a building footprint greater than 800 square feet may be permitted under the conditional use approval process.

2. Oregon Structural Specialty Code. The accessory structure shall comply with the Oregon Structural Specialty Code.

3. Development Standards. The structure shall conform to the lot standards in Table 2.2.120, except as modified below:

a. The height of an accessory structure shall not exceed 22 feet, unless permitted under the conditional use approval process.

b. Accessory structures with building footprints that exceed 200 square feet 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 the primary residence.

c. The accessory structure shall be set back not less than 20 feet from the front property line, five feet from side property lines, and five feet from the rear property line.

M. Chickens. Where chickens are allowed, they shall conform to all of the following standards:

1. A lot shall be limited to the keeping of three or fewer chickens. Roosters are not permitted.

2. The chickens shall be housed in an enclosure behind the front facade of a house and a minimum of 10 feet from property lines and 20 feet from dwellings on adjacent properties.

3. The chickens shall be kept in a state that does not constitute a public nuisance, which includes, but is not limited to, chickens roaming at large, chickens kept in an unclean and unsanitary condition, and obnoxious smells and substances. If the community development director or designee determines a nuisance exists, the city shall follow the applicable regulations to abate the nuisance.

N. Transitional Shelter Communities. Transitional shelter communities shall comply with the following standards:

1. Transitional shelter communities are allowed on land that is currently in use as a religious institution or place of worship per SDC 1.6.490.

2. Shelter Unit Type. Shelter units shall be stick-built structures or prefabricated structures but may not have fabric walls or roofs (e.g., tents, yurts, and membrane structures). Shelter units may not be vehicles, residential trailers, or manufactured dwellings. Each shelter unit shall be detached from any other shelter unit. Design of the units shall be compatible with the surrounding area.

3. Maximum Building Floor Space. The maximum building floor space for each shelter unit is 200 square feet.

4. Maximum Number of Units. The maximum number of units per parcel is one for every 10,000 square feet of area of the site the units are to be located on, rounded to the nearest whole number, or four units, whichever is less.

5. Maximum Number of Sites. Only two sites in the city are allowed to be operated as a transitional shelter community at any one time.

6. Length of stay is limited to 18 months for each participant.

7. Bathrooms and Kitchens. Bathrooms and kitchens are prohibited in the shelter units. Instead, common permanent bathroom facilities available all hours of all days shall be provided for the residents and kitchen facilities may be provided to residents.

8. Utilities. Water service, sanitary sewer service, natural gas service, propane heaters, and generators are prohibited in the shelter units but are permitted in common facilities. Adequate trash and recycling service is to be provided in the vicinity of the use.

9. Storage. No outdoor storage is permitted, excluding bicycles. Residents shall be provided with enclosed, secure storage facilities for their belongings.

10. Fencing. The transitional shelter community shall be adequately fenced from abutting properties (does not include adjacent properties) with sight-obscuring fencing a minimum of six feet in height.

11. Minimum Rear and Side Yard Depth. The minimum rear and side yard depth is five feet, except that if the rear or side yard abuts a residential district, the minimum shall be 20 feet from the abutting lot line.

12. Minimum Structure Separation. Structures shall be separated from one another by a minimum of six feet.

13. Conditional Use. Transitional shelter communities shall be reviewed as a conditional use; however, no fee shall be charged for such review.

14. Periodic Review and Renewal. Transitional shelter communities shall require periodic review and renewal. The first periodic review and renewal shall be conducted six months from occupancy and shall follow the conditional use review procedure. If renewal is approved, periodic review and renewal shall be conducted annually from that point, following the conditional use review procedure.

15. Financial security (bonds, petitions, cash, etc.) to ensure the removal of the improvements should approval not be renewed shall be provided to the city prior to occupancy.

16. The person in charge (owner-occupant, tenant, lessee or person other than an owner who has possession and/or control of the property) shall provide local contact information, name and telephone number, to all property owners and residents within 500 feet of the site on an annual basis. The local contact person must be available to accept and immediately respond to telephone calls during business hours. Any change in local contact person must be reported to the city and property owners and residents within 500 feet of the site at least seven days prior to the date the change takes effect.

17. An operations, security, and case management plan for the transitional shelter community shall be submitted to the city at the time of application for review and approval.

18. Code of Conduct. The managing agency shall provide to all residents of the transitional shelter community a code of conduct for living at the transitional shelter community, including information regarding the noise disturbance standards of SMC 8.04.055, the chronic nuisance property standards of Chapter 8.06 SMC, and the Periodic Review and Renewal timetable. A copy of the code of conduct shall be submitted to the city at the time of application for review and approval.

19. Priority should be given to individuals that have been living within or near Silverton for the past year.

20. Occupancy shall be limited to one person per shelter unit.

O. Nano Radio Frequency Transmission Facilities. Nano radio frequency transmission facilities shall comply with the following standards:

1. Facilities are only allowed to be installed on existing residential dwellings or nonresidential primary structures.

2. Antenna size for each site is limited to 12 square feet cumulatively with no individual antenna larger than five square feet.

3. Antenna size on a site located on a nonresidential primary structure may be allowed up to 75 square feet in area provided the review body finds there will be no adverse impacts to the surrounding area.

4. Antenna shall be attached via a monopole, J-pole, or tripod to the structure or flush mounted to the structure. The monopole shall not exceed three inches in diameter, with up to three guy wires with no guy wire larger than one-quarter inch in diameter, if used. Lattice towers are not permitted.

5. Antenna and associated supports shall not exceed five feet in height or project more than two feet horizontally from the structure it is attached to, if flush mounted. Antenna may be up to 10 feet tall if located on a gable roof, provided the ridge line runs parallel with the street and the antenna is located on the roof section adjacent to the rear yard on an interior lot, with no part of the antenna extending five feet above the ridge line.

6. All support and ancillary equipment associated with the antenna larger than two cubic feet in volume with any individual dimension larger than 18 inches shall be placed underground or inside the existing structure the antenna is to be attached to. Ground cabinets are prohibited.

7. Brackets (mounting) and cabling shall be similar in color to the primary structure they are attached to.

8. Facilities may generate no more than 35 dBA within three feet of any residential dwelling or city park boundary, and no more than 40 dBA within 10 feet of any other property.

9. No logos or brand names shall be legible from the right-of-way.

10. Nano radio frequency transmission facilities are limited to devices, equipment, machinery, structures or supporting elements that produce nonionizing electromagnetic radiation within the range of frequencies from 100 KHz to 60 GHz operating as a discrete unit to produce a signal or message and which are not intended for 5G service. Antennas on residential structures are limited to 250 watts. Antennas on nonresidential primary structures are limited to 500 watts.

11. Facilities shall be located on the property only when the property owner has a current agreement with the provider. The facilities shall be removed by the provider when the property owner no longer has an agreement with the provider.

12. Facilities that do not meet the above standards may be reviewed through the conditional use process of Chapter 4.4 SDC. (Ord. 21-04 §§ 10 – 13, 2021; Ord. 19-05 § 2, 2019; Ord. 18-22 § 6, 2018; Ord. 16-01 § 2, 2016; Ord. 14-01 § 1 (Exh. A), 2014; Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008)