40.220.020 Residential and Office Residential Districts (R, OR)
A. Purpose.
1. The residential (R-12, R-18, R-22, R-30 and R-43) districts are intended to provide for medium and higher density residential development based upon consistency with the comprehensive plan and compatibility with surrounding land uses. The following factors will be considered in the application of one (1) of these districts to a particular site:
a. Properties designated urban medium density residential on the comprehensive plan should not exceed a density of R-22. Urban high density residential areas are appropriate for densities in the R-30 and R-43 districts.
b. Proximity to major streets and the available capacity of these streets, adequacy of public water and sewer, vehicular and pedestrian traffic circulation in the area, proximity to commercial services and proximity to public open space and recreation opportunities. Development within these districts will be reviewed to ensure compatibility with adjacent uses including such considerations as privacy, noise, lighting and design.
2. The office residential (OR-15, OR-18, OR-22, OR-30, OR-43) districts are intended to provide for residential and professional office development based upon consistency with the comprehensive plan and compatibility with adjacent land uses. It is intended that office developments within these districts will be of a higher standard in recognition of their residential setting. The following factors will be considered in the application of one (1) of these districts to a particular site:
a. Proximity to major streets and the available capacity of these streets;
b. Availability of public water and sewer;
c. Vehicular and pedestrian traffic circulation in the area;
d. Proximity to commercial services; and
e. Proximity to public open space and recreation opportunities.
Development within these districts will be reviewed to ensure compatibility with adjacent uses, including such considerations as privacy, noise, lighting and design.
(Amended: Ord. 2018-01-09; Ord. 2018-10-02; Ord. 2019-07-01; Ord. 2020-03-08)
B. Uses.
The uses set out in Table 40.220.020-1 are examples of uses allowable in residential and office residential zone districts. The appropriate review authority is mandatory.
• “P” – Uses allowed subject to approval of applicable permits.
• “R/A” – Uses permitted upon review and approval as set forth in Section 40.520.020.
• “C” – Conditional uses which may be permitted subject to the approval of a conditional use permit as set forth in Section 40.520.030.
• “X” – Uses specifically prohibited.
Where there are special use standards or restrictions for a listed use, the applicable code section(s) in Chapter 40.260, Special Uses and Standards, or other applicable chapter is noted in the “Special Standards” column.
Table 40.220.020-1 Uses |
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---|---|---|---|---|---|---|---|---|---|---|---|
|
R-12 |
R-18 |
R-22 |
R-30 |
R-43 |
OR-15 |
OR-18 |
OR-22 |
OR-30 |
OR-43 |
Special Standards |
1. Residential. |
|
|
|
|
|
|
|
|
|
|
|
a. Accessory uses and structures normal to a residential environment |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
|
b. Accessory dwelling units |
R/A1 |
R/A1 |
R/A1 |
R/A1 |
R/A1 |
R/A1 |
R/A1 |
R/A1 |
R/A1 |
R/A1 |
|
c. Boarding houses |
R/A |
R/A |
P |
P |
P |
P |
P |
P |
P |
P |
|
d. Duplex dwellings |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
|
e. Multifamily dwellings |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
|
f. Existing residential use |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
|
g. Family day care centers |
P2 |
P2 |
P2 |
P2 |
P2 |
P2 |
P2 |
P2 |
P2 |
P2 |
|
h. Adult family homes |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
|
i. Home business – Type I |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
|
j. Home business – Type II |
R/A |
R/A |
R/A |
R/A |
R/A |
R/A |
R/A |
R/A |
R/A |
R/A |
|
k. Bed and breakfast establishments (up to two (2) guest bedrooms) |
R/A |
R/A |
R/A |
R/A |
R/A |
R/A |
R/A |
R/A |
R/A |
R/A |
|
l. Bed and breakfast establishments (three (3) or more guest bedrooms) |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
|
m. Garage sales |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
|
n. Manufactured home parks |
R/A |
R/A |
R/A |
R/A |
R/A |
R/A |
R/A |
R/A |
R/A |
R/A |
|
o. Residential P.U.D. |
R/A |
R/A |
R/A |
R/A |
R/A |
R/A |
R/A |
R/A |
R/A |
R/A |
|
p. Assisted living facilities |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
|
q. Single-family attached dwelling units (townhouses) |
R/A |
R/A |
R/A |
R/A |
R/A |
R/A |
R/A |
R/A |
R/A |
R/A |
|
r. Single-family detached dwellings |
R/A |
R/A |
R/A |
X |
X |
R/A |
R/A |
R/A |
X |
X |
|
s. Residential care homes and facilities |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
|
t. Cottage housing |
P |
P |
P |
X |
X |
P |
P |
P |
X |
X |
|
u. Staffed residential homes |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
|
2. Retail Sales – Restaurants, Drinking Places. |
|
|
|
|
|
|
|
|
|
|
|
a. Restaurants within a residential or office complex |
X |
X |
X |
X |
X |
C |
C |
C |
P |
P |
|
3. Service, Business. |
|
|
|
|
|
|
|
|
|
|
|
a. Mini-storage warehouse |
X |
X |
X |
X |
X |
C |
C |
C |
C |
C |
|
i. Accessory caretaker, security or manager residence when incorporated as an integral part of the mini-storage warehouse |
X |
X |
X |
X |
X |
C |
C |
C |
C |
C |
|
b. Temporary modular tract sales and construction offices |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
|
c. Model homes |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
|
d. Roadside farm stand |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
|
e. Agricultural market |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
|
4. Services, Medical and Health. |
|
|
|
|
|
|
|
|
|
|
|
a. Congregate care facilities |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
|
b. Nursing or convalescent homes |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
|
c. Hospitals |
X |
X |
X |
X |
X |
X |
X |
X |
C |
C |
|
d. Veterinary clinics |
X |
X |
X |
X |
X |
X |
X |
C |
P |
P |
|
5. Services, Professional Office. |
|
|
|
|
|
|
|
|
|
|
|
a. Business/ |
X |
X |
X |
X |
X |
P |
P |
P |
P |
P |
|
b. Medical/Dental clinics |
X |
X |
X |
X |
X |
P |
P |
P |
P |
P |
|
6. Services, Amusement. |
|
|
|
|
|
|
|
|
|
|
|
a. Private recreation facilities |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
|
b. Circuses, carnivals, or amusement rides |
R/A |
R/A |
R/A |
R/A |
R/A |
R/A |
R/A |
R/A |
R/A |
R/A |
|
7. Services, Membership Organization. |
|
|
|
|
|
|
|
|
|
|
|
a. Churches |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
|
b. Clubs, lodges and charitable institutions |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
|
8. Services, Educational. |
|
|
|
|
|
|
|
|
|
|
|
a. Commercial day care centers4 |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
|
b. Grade K through 5 public or private schools, including preschools |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
|
c. Grade 6 through college, public or private schools |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
|
d. Public park and public recreational facilities4 |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
|
e. Parks4 |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
|
f. Business, dancing and technical schools |
X |
X |
X |
X |
X |
P |
P |
P |
P |
P |
|
9. Public Service and Facilities.4 |
|
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|
|
|
|
|
|
|
|
|
a. Ambulance dispatch facilities4 |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
|
b. Governmental structures including fire stations, post offices, etc.4 |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
|
10 Resource Activities. |
|
|
|
|
|
|
|
|
|
|
|
a. Agricultural |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
|
b. Silviculture |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
|
11. Other. |
|
|
|
|
|
|
|
|
|
|
|
a. Cemeteries and mausoleums |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
|
b. Private use heliports |
X |
X |
X |
X |
X |
C |
C |
C |
C |
C |
|
c. Utilities, other than wireless communications facilities |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
|
d. Solid waste handling and disposal sites |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
|
e. Wireless communications facilities |
P/C3 |
P/C3 |
P/C3 |
P/C3 |
P/C3 |
P/C3 |
P/C3 |
P/C3 |
P/C3 |
P/C3 |
|
f. Temporary uses |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
|
g. Electric vehicle infrastructure |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
|
h. Medical marijuana cooperative |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
|
i. Marijuana production facilities |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
|
j. Marijuana processor 1 facilities |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
|
k. Marijuana processor 2 facilities |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
|
l. Marijuana retailer facilities |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
1 An accessory dwelling unit may be allowed on any multifamily zoned lot developed with an existing single-family dwelling, except as noted in Section 40.260.020. Type I site plan review is required.
2 Only in single-family residences.
3 See Table 40.260.250-1.
4 Once a property has been developed as a public facility, a docket is required to change the comprehensive plan designation from the current zone to the Public Facilities zone.
(Amended: Ord. 2004-06-11; Ord. 2004-09-02; Ord. 2005-04-12; Ord. 2006-05-01; Ord. 2007-06-05; Ord. 2007-11-13; Ord. 2010-08-06; Ord. 2011-06-14; Ord. 2011-08-08; Ord. 2011-12-09; Ord. 2012-02-03; Ord. 2012-02-08; Ord. 2012-06-02; Ord. 2013-07-08; Ord. 2014-05-07; Ord. 2014-11-02; Ord. 2016-06-12; Ord. 2018-01-09; Ord. 2018-10-02; Ord. 2019-07-01; Ord. 2020-03-08; Ord. 2023-11-28)
C. Development Standards.
1. With the exception of mobile home parks, new lots and structures and additions to structures subject to this section shall comply with the applicable standards for minimum and maximum density, lots, building height, setbacks and building separation in Tables 40.220.020-2 through 40.220.020-5. Mobile home parks shall not be required to comply with the minimum density standards set out in this section, but are required to meet all other applicable standards.
2. Multifamily, single-family attached (townhouses), and single-family detached developments are each subject to different standards, described in Tables 40.220.020-2 through 40.220.020-5.
3. The development of single-family detached lots where permitted in these zones shall require setbacks to be shown on the final plat. In addition, lots less than forty (40) feet wide are also subject to the narrow lot standards in Section 40.260.155.
4. All townhome developments shall require submittal of a site plan that shows proposed building envelopes and driveway locations. In addition, lots less than forty (40) feet wide are also subject to the narrow lot standards in Section 40.260.155.
5. Replacement single-family detached structures and additions to existing single-family structures in the R-30, OR-30, R-43 and OR-43 zones shall use the setbacks for multifamily dwellings in Table 40.220.020-3.
Table 40.220.020-2. Lot Requirements for Multifamily and Office Residential Developments |
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Zoning District |
Min. – Max. Residential Density (d.u./acre) |
Minimum Lot Area (sq. ft.) |
Minimum Lot Width (feet) |
Minimum Lot Depth (feet) |
R-12 |
8 – 12 |
4,000 |
40 |
80 |
R-18 |
12 – 18 |
4,000 |
40 |
80 |
R-22 |
15 – 22 |
4,000 |
40 |
80 |
R-30 |
18 – 30 |
4,000 |
40 |
80 |
R-43 |
20 – 43 |
4,000 |
40 |
80 |
OR-15 |
8 – 15 |
10,000 |
50 |
90 |
OR-18 |
12 – 18 |
10,000 |
50 |
90 |
OR-22 |
15 – 22 |
10,000 |
50 |
90 |
OR-30 |
18 – 30 |
10,000 |
50 |
90 |
OR-43 |
22 – 43 |
10,000 |
50 |
90 |
(Amended: Ord. 2006-05-01; Ord. 2012-07-03)
Table 40.220.020-3. Setbacks, Lot Coverage and Building Height for Multifamily and Office Residential Developments |
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---|---|---|---|---|---|---|---|---|---|
Zoning District |
Minimum Setbacks1,5 |
Max. Lot Coverage |
Max. Bldg. Height (feet) |
||||||
Front2 (feet) |
Side3,4 |
Rear3,4 (feet) |
Between Bldgs. on Site (feet) |
||||||
Street (feet) |
Interior (feet) |
||||||||
Multi-family |
Duplex |
||||||||
R-12, R-18, R-22, R-30, R-43 |
18 to garage front, 10 to living space |
10 |
10 |
5 |
20 |
8 |
50% |
50 |
|
OR-15, OR-18, OR-22, OR-30, OR-43 |
18 to garage front, 10 to living space |
10 |
10 |
10 |
15 |
8 |
50% |
50 |
1 Additional setbacks and/or landscape requirements may apply, particularly when abutting residential uses or zones. See Section 40.320.010.
2 Front setbacks shall be measured from the edge of any street right-of-way, street tract, street easement, or driveway easement that provides access to the lot, including any separate pedestrian easement that may exist between a street and the front setback line.
3 Setbacks to driveway and pedestrian easements that do not provide access to a subject lot shall be a minimum of five (5) feet.
4 Setbacks from alleys to all structures including entrances to garages shall be a minimum of five (5) feet.
5 Additional requirements may apply, based on building and fire codes.
(Amended: Ord. 2005-04-12; Ord. 2007-06-05; Ord. 2007-11-13; Ord. 2009-12-01)
Table 40.220.020-4. Single-Family Attached (Townhouse) Lot Standards |
|||||
---|---|---|---|---|---|
Subject |
R-12/OR-15 |
R-18/OR-18 |
R-22/OR-22 |
R-30/OR-30 |
R-43/OR-43 |
Minimum density |
8 units/acre |
12 units/acre |
15 units/acre |
18 units/acre |
20 units/acre |
Maximum density |
12 units/acre (OR-15 = 15 units per acre) |
18 units/acre |
22 units/acre |
30 units/acre |
43 units/acre |
Minimum lot area |
2,800 square feet |
1,800 square feet |
1,500 square feet |
1,200 square feet |
1,000 square feet |
Minimum lot width1 |
18 feet |
||||
Minimum lot depth |
70 feet |
50 feet |
50 feet |
50 feet |
50 feet |
Maximum building height for dwelling |
35 feet |
35 feet |
45 feet |
45 feet |
45 feet |
Maximum building height for detached garage |
18 feet |
||||
Front setback for dwelling2 |
10 feet |
||||
Front setback to garage door |
18 feet |
||||
Street side setback |
10 feet |
||||
Side setback2,3,4,6 |
0 or 5 feet |
||||
Rear setback (with no alley)3,6 |
0 or 5 feet |
||||
Setback from alley easement to garage |
2 feet |
||||
Setback from alley easement to dwelling |
5 feet |
||||
Maximum lot coverage5 |
60 percent |
65 percent |
70 percent |
75 percent |
80 percent |
1 Applies to interior lots only – corner lots shall be of sufficient width so that sight distance and driveway spacing requirements are met.
2 May be reduced when alley access is provided per Section 40.260.155(D)(1).
3 If not sharing a common wall, the setback shall be five (5) feet.
4 No portion of any structure (including eaves, gutters, etc.) may extend across a property line unless such encroachments are authorized by a plat note or approved final site plan. Such authorization may require special fire-resistant construction standards.
5 When access is provided via an alley, lot coverage may be increased per Section 40.260.155(D)(2).
6 Additional requirements may apply, based on building and fire codes.
Table 40.220.020-5. Single-Family Detached Lot Standards |
|||
---|---|---|---|
Subject |
R-12/OR-15 |
R-18/OR-18 |
R-22/OR-22 |
Minimum density |
8 units/acre |
12 units/acre |
15 units/acre |
Maximum density |
12 units/acre (OR-15 = 15 units per acre) |
18 units/acre |
22 units/acre |
Minimum lot area |
2,800 sq. ft. |
1,800 sq. ft. |
1,500 sq. ft. |
Minimum lot width1 |
35 feet |
25 feet |
25 feet |
Minimum lot depth |
50 feet |
||
Maximum building height |
35 feet |
35 feet |
45 feet |
Front setback for dwelling2 |
10 feet |
||
Front setback for garage door |
18 feet |
||
Street side setback |
10 feet |
||
Side setback3 |
8-foot minimum building separation between units in the development; otherwise 5 feet to the site’s perimeter |
||
Rear setback (with no alley)3 |
8-foot minimum building separation between units in the development; otherwise 5 feet to the site’s perimeter |
||
Setback from alley easement to garage |
2 feet |
||
Setback from alley easement to dwelling |
5 feet |
||
Maximum lot4 coverage |
50 percent |
1 Applies to interior lots only – widths of corner lots shall be dependent upon the applicable narrow lot standards in Section 40.260.155(C)(2).
2 May be reduced when alley access is provided per Section 40.260.155(D)(1).
3 May also use zero lot line provisions of Section 40.260.260.
4 If accessed by alley, may be increased per Section 40.260.155(D)(2).
6. Minimum and Maximum Densities within the R-12, R-18, R-22, R-30, R-43 and All OR Districts. For uses other than mobile home parks, the review authority shall find that the established minimum densities will be achieved by all proposed land divisions or site plans. The applicant shall demonstrate that all required densities will be achieved. The review authority shall establish appropriate conditions to ensure density is achieved. Demonstration that the established minimum densities will be achieved shall be provided by the applicant as follows:
a. Where single-family or duplex developments at densities below the minimum density are proposed for a portion of the project. The minimum density to be transferred to a higher density multifamily development elsewhere on the site may be approved; provided, that:
(1) The application shall provide for a fully integrated design; or
(2) The development shall provide for phasing in which each phase meets the minimum density; or
(3) The development shall provide a site plan for preliminary approval of the remainder of the site, which shall be binding on the land owner and all future land owners. The binding document shall be a deed covenant, approved by the county. The covenant shall require that the approved site plan for the multifamily development will be constructed at the densities approved. Where any portion of the project exceeds either the density of the zoning district or twenty-one (21) units per acre, a market analysis shall be provided demonstrating that such a project is economically feasible in the county. Where a difference in density of over three (3) units per acre is proposed between developments in the site plan, the applicant shall provide deed covenants which notify the future owners of the lower density developments of the type and density of the adjoining development.
b. For all other projects including multifamily and detached single-family structures the density of the project for each individual phase and at total project buildout shall meet the minimum density. In order to reduce impacts to and from adjacent properties, multifamily developments adjacent to industrial uses should include the following design standards:
(1) Aspects of the development that will not be utilized for residential purposes should be located adjoining to the industrially zoned property where possible. Examples of such uses include parking, garages, access roads, required open space, carports and stormwater facilities.
(2) If residential buildings must be placed adjoining to the industrially zoned property, single-story buildings should be used. If multiple-story structures are proposed building openings above the first floor should face away from the adjoining property in order to limit views and exposure to the adjacent use.
c. Minimum density will be based on the developable area of the lot that remains after subtracting:
(1) Land devoted to public or private roads or alleys, common parking areas and required sight distance triangles required for narrow lots under Section 40.260.155, public parks and trails, required landscaping and drainageways;
(2) Land designated by covenant or public dedication to be permanently maintained in an undeveloped state because the land is identified as sensitive due to the presence of steep slopes, unstable land, historical or archaeological sites, wetlands and buffers, or other permanent physical development limitations as may be determined by the responsible official. All other lands shall be considered in the calculation of minimum density or floor area ratio including required setbacks, private recreation or common areas.
d. Maximum density shall be calculated based upon the gross area of the site, excluding public right-of-way or street easements.
7. Signs. Signs shall be permitted according to the provisions of Chapter 40.310.
8. Off-Street Parking. Off-street parking shall be provided as required in Chapter 40.340 and Section 40.260.155 as applicable.
9. Landscaping. Within the R-12, R-18, R-22, R-30 and R-43 and all Office Residential districts, a minimum of twenty percent (20%) of the site shall be landscaped to an L1 standard as described in Section 40.320.010. Additional setbacks and/or landscape requirements may apply, particularly adjoining residential uses or zones pursuant to Section 40.520.040 and Chapter 40.320.
10. Recreation Space. Recreation space shall be provided as required in Section 40.260.150.
11. Safe pedestrian routes, including sidewalks and other planning features, shall be provided for students who only walk to and from school.
12. Townhouses shall be assessed school and park impact fees at the multifamily rate. Traffic impact fees for townhouses are assessed at their own rate.
(Amended: Ord. 2005-04-12; Ord. 2007-11-13; Ord. 2009-03-02; Ord. 2011-03-09; Ord. 2018-01-09; Ord. 2023-01-08)