Division II. Land Use and Zoning Districts
Chapter 18.20
LOW-DENSITY RESIDENTIAL ZONE (R-7)
Sections:
18.20.050 Area, density and lot requirements.
18.20.060 Site development standards.
18.20.070 Manufactured housing on individual lots.
18.20.090 Accessory dwellings.
18.20.010 Purpose.
The purpose of the low-density residential (R-7) zone is to implement the low-density residential land use designation and policies of the comprehensive plan. The R-7 is intended to establish low-density residential home sites with a minimum gross acreage of 7,000 square feet. To do this, the R-7 low-density residential zone regulates the construction of detached single-unit dwellings and middle housing on existing lots, and provides design guidance for low-density residential subdivisions. [Ord. 810, 2000; Code 2000 § 11.20.01; Ord. 2022-03 § 1 (Exh. A), 2022.]
18.20.020 Permitted uses.
The following uses and their accessory uses are permitted outright in an R-7 zone:
(A) Detached single-unit dwellings – site built, manufactured off site, or prefabricated.
(B) Middle housing.
(C) Underground public utilities.
(D) Accessory uses and/or accessory structures or both which are customarily and clearly incidental and subordinate to the above uses, including approved carports, garages, or storage facilities. See CMC 18.150.010.
(E) Accessory dwelling unit subject to CMC 18.20.090.
(F) Home occupation consistent with CMC 18.20.080.
(G) Residential home consistent with state law.
(H) Type “A” mobile vendor, as described in Chapter 5.35 CMC. [Ord. 810, 2000; Code 2000 § 11.20.02; Ord. 841 Exh. 2, 2003; Ord. 916 § 1 (Exh. A), 2010; Ord. 2016-015 § 1 (Exh. A), 2016; Ord. 2022-03 § 1 (Exh. A), 2022.]
18.20.030 Conditional uses.
The following uses may be permitted when in accordance with Chapter 18.105 CMC:
(A) Governmental structure or use including public and private park, playground, community center and noncommercial recreational facilities, golf course, swimming pool, tennis courts, fire station, library or museum.
(B) School – Nursery, primary, elementary, junior or senior high, college or university.
(C) Utility substation or above ground pumping station with no equipment storage.
(D) Repealed by Ord. 2022-03.
(E) Repealed by Ord. 2022-03.
(F) Home occupation consistent with CMC 18.20.080.
(G) A planned unit development, including mixed uses approved by the planning commission and as provided for under Chapter 18.110 CMC.
(H) Church, and associated church activities, except commercial day care.
(I) A manufactured structure for temporary educational purposes subject to the following required conditions in addition to other conditions which may be imposed under Chapter 18.105 CMC:
(1) Placed upon a permanent concrete or concrete block foundation and supplied with a continuous perimeter skirting that extends at least six inches below the surface of the ground or to an impervious surface. The skirting shall be composed of the same material and finish as the exterior of the unit or of brick or concrete block, or as may be approved by the planning commission.
(2) Placed a maximum of 18 inches above ground level at any point, unless the unit is placed upon a basement foundation, or unless approved by the planning commission.
(3) Manufactured after June 15, 1976, and bear the Oregon Department of Commerce “Insignia of Compliance” indicating conformance with HUD standards. [Ord. 810, 2000; Code 2000 § 11.20.03; Ord. 2018-05 § 1 (Exh. A), 2018; Ord. 2022-03 § 1 (Exh. A), 2022.]
18.20.040 Prohibited uses.
The following uses shall be prohibited within the R-7 zone:
(A) Recreational vehicles or other movable temporary dwellings used as a residence or accessory sleeping units, except as lodging for guests not to exceed two weeks.
(B) More than one dwelling unit on a single lot, except for an accessory dwelling unit or a duplex as approved through CMC 18.20.030.
(C) Retail sales, except for when over the Internet and where applicable in compliance with the home occupation permit requirements.
(D) Heavy manufacturing and processing.
(E) Parking and storage of construction equipment, semi-tractors and trailers.
(F) The raising of animals other than normal household pets.
(G) Freestanding wind turbines. [Ord. 810, 2000; Code 2000 § 11.20.04; Ord. 841 Exh. 2, 2003; Ord. 916 § 1 (Exh. A), 2010; Ord. 2018-05 § 1 (Exh. A), 2018.]
18.20.050 Area, density and lot requirements.
(A) Maximum Density. The average density over the entire development shall not exceed five dwellings per net acre for detached single-unit dwellings and 20 dwellings per net acre for townhouses. Maximum density does not apply to duplexes, triplexes, quadplexes, or cottage clusters. A net acre is equal to 32,670 square feet, and excludes roads, common open space, floodplains, riparian setbacks, and slopes over 25 percent.
(1) Lot Size.
|
HOUSING TYPE |
MINIMUM LOT SIZE |
|---|---|
|
Detached single-unit dwelling, duplex, and triplex |
6,000 square feet |
|
Quadplex and cottage cluster |
7,000 square feet |
|
Townhouse |
1,500 square feet |
(2) In the case of flag lots, the pole portion of the lot shall not count towards the required lot area.
(B) Minimum Density. The minimum density allowed is four dwellings per net acre. Any land partition or subdivision shall make provisions to ensure that the minimum density is protected when further partitioning is possible.
(C) Maximum Height. Building height, as defined in CMC 18.195.080, shall not exceed 35 feet, except for a chimney, radio, television antenna, or solar feature (see CMC 18.195.190, S definitions).
(D) Minimum Yard Area Setbacks.
(1) Front Yard. The front, as measured from the furthest extension of the home, including porch or decks, shall not be less than 10 feet. Accessory structures, garages or carports shall not be less than 20 feet.
(2) Rear Yard. No rear yard shall be less than 10 feet in depth.
(3) Side Yard. The minimum width of side yards shall be not less than five feet, as measured from the foundation of the home. On corner lots the side yard facing the street shall not be less than 10 feet. Townhouses shall have a zero-foot side yard setback on the side where the common wall is located.
(4) No accessory building or other structure or building shall be closer than three feet from a side or rear property line; see CMC 18.150.010.
(5) Repealed by Ord. 2022-03.
(6) All setbacks shall be measured from Clean Water Services (CWS) required buffer areas, where applicable.
(E) Minimum Lot Shape.
(1) No lot shall be less than 60 feet in width or less than 60 feet in depth, except as may be approved as part of a planned unit development. No townhouse lot shall be less than 20 feet in width.
(2) In the case of in-fill development on parcels, as defined by the city’s current vacant land inventory, the commission may allow the lot width to be reduced to 50 feet.
(3) In the case of in-fill development on parcels, as defined by the current city vacant land inventory, the lot width at the street may be reduced to not less than 20 feet for a single lot and not less than 30 feet for two dwelling units. A flag design shall serve no more than two lots.
(F) Middle Housing Land Division. If a duplex, triplex, quadplex, or cottage cluster has been divided by a middle housing land division, the area, density, and lot requirements that are applicable to the lot shall apply to the middle housing primary lot, not to the middle housing secondary lot. [Ord. 810, 2000; Code 2000 § 11.20.05; Ord. 841 Exhs. 1, 2, 2003; Ord. 2018-05 § 1 (Exh. A), 2018; Ord. 2022-03 § 1 (Exh. A), 2022.]
18.20.060 Site development standards.
(A) Perimeter Requirements. If topographical or other barriers within the development do not provide adequate buffering between a subdivision and adjacent nonresidential development, the reviewing body may impose one or more of the following requirements.
(1) Where the subdivision abuts an arterial or collector street or an existing planned unit development, the reviewing body may require that a perimeter landscaped strip, no more than 25 feet wide, and/or sound mitigation structures be established along the abutting property line. All required building setbacks shall be measured from the inner edge of the perimeter strip, which shall be set aside as a separate tract, and provisions for pedestrian connections through the landscape strip may also be required.
(2) Where the subdivision abuts an existing or planned nonresidential area, the reviewing body may require that a perimeter landscaped strip, no more than 50 feet wide, be established along the abutting property line. All required building setbacks shall be measured from the inner edge of the perimeter strip, which shall be set aside as a separate tract, and provisions for pedestrian connections through the landscape strip may also be required.
(3) All driveways and landscaped areas shall comply with vision clearance standards set forth in subsection (B) of this section.
(B) Vehicular Access, Internal Circulation and Clear Vision Areas.
(1) Where possible, vehicular access to residential subdivisions shall be from abutting arterial or collector streets. Access to individual lots shall be primarily from local streets or alleyways when the alleyway is developed to current public works standards. Direct lot access to arterials or collector streets shall not be permitted, unless there is no alternative as determined by the city engineer.
(2) The minimum street width shall comply with the adopted public works standards.
(3) Public and/or private alleys or both shall be constructed to city standards as approved by the city engineer.
(4) Clear vision areas shall be provided at all roadway and driveway intersections in accordance with the vision clearance standards set forth in CMC 18.150.070.
(C) Access Streets – Sidewalks – Drainage.
(1) All streets shall be designed in accordance with Chapter 5 of the adopted public works standards.
(2) All driveways for new construction shall have minimum pavement width of 12 feet and shall not be more than 25 feet in width at the curb. Each driveway shall have a concrete curb apron designed to comply with public works standards, and not more than two lots may be served by one shared driveway,
(3) Cul-de-sacs shall serve no more than 12 residential lots and meet current public works design standards.
(4) For all new construction, curbs, gutters, sidewalks and street trees shall be provided along the entire lot frontage, per Chapter 5 of the adopted public works standards, and shall meet ADA accessibility standards. In the case of remodels or garage additions to an existing house, no sidewalk shall be required if one does not exist, but the driveway apron and paved driveway shall be required.
(5) Storm drainage shall meet current public works design standards and shall comply with Clean Water Service (CWS) standards for water quality and quantity.
(D) Lighting Streets. Streets and walkways shall be lighted during the hours of darkness in accordance with public works standards.
(E) Mailboxes. Except for in-fill partitioning, clustered mailboxes shall be provided, consistent with the locational criteria set by the post master. They shall be of uniform style.
(F) Parking and Loading Space.
(1) Off-Street Parking.
(a) Resident. One covered parking space shall be provided for each home either on an individual lot or in an off-street parking bay within 100 feet from the dwelling being served.
(b) Guest. Where on-street parking is prohibited on both sides of a street, guest parking shall be provided in off-street parking bays at the rate of one parking space for every three detached single-unit dwelling sites along the street section. Guest parking should be within 100 feet of the homes being served.
(c) Parking and Storage of Recreational Vehicles and Vehicles of Similar Size. Recreational vehicles such as camping trailers, boats, campers, motor homes, and other such vehicles and vehicles of similar size shall only be parked or stored within an area specifically designated and designed for such use, and shall not be located in the public right-of-way.
(2) Paving and Design. Off-street parking areas shall be paved and designed in accordance with the standards of the off-street parking regulations of the zoning ordinance.
(G) Open Space. Within residential developments containing 20 or more lots or units there shall be, at least, 300 square feet of recreational space per unit provided in public open space for single-family development. Such space may be considered as part of any required landscaping, but must be designed in a manner that affords residents usable open area, such as lawns, patios, etc. Delineated wetlands recognized by the Division of State Lands may apply 20 percent of their area located on the subject parcel(s) to the open space requirement. Calculate the total square footage of delineated wetland area on the subject parcel(s) and multiply it by 20 percent. Streets, access drives and parking lots shall not be considered open space. Open space must be a usable open recreational area, and may include a club house or indoor recreation facility. All outdoor area shall be landscaped and maintained by the owner, or a homeowners’ association, according to the approved development plans, unless the open space is dedicated to and accepted by the city as a public park.
(H) Middle Housing Land Division. If a duplex, triplex, quadplex, or cottage cluster has been divided by a middle housing land division, the site development standards that are applicable to the lot shall apply to the middle housing primary lot, not to the middle housing secondary lot. [Ord. 810, 2000; Code 2000 § 11.20.06; Ord. 841 Exhs. 1, 2, 2003; Ord. 874 Exh. (1)(B), 2006; Ord. 2018-05 § 1 (Exh. A), 2018; Ord. 2020-05 § 1 (Exh. A), 2020; Ord. 2022-03 § 1 (Exh. A), 2022.]
18.20.070 Manufactured housing on individual lots.
All manufactured homes on individual lots within the R-7 zone shall:
(A) Repealed by Ord. 2022-03.
(B) Repealed by Ord. 2022-03.
(C) Repealed by Ord. 2022-03.
(D) Repealed by Ord. 2022-03.
(E) Be certified by the manufacturer to have an exterior thermal envelope meeting performance standards required of site-built single-family construction under the State Building Code (1981) as defined by ORS 455.010.
(F) Have at least one off-street parking space.
(G) Comply with all federal, state and local building codes for placement, occupation and storage. [Ord. 810, 2000; Code 2000 § 11.20.07; Ord. 2018-05 § 1 (Exh. A), 2018; Ord. 2022-03 § 1 (Exh. A), 2022.]
18.20.080 Home occupation.
Home occupations may be allowed as follows:
(A) Type A. Allowed through a Type I administrative review consistent with the following:
(1) There are no structural alterations or changes necessary to the dwelling or accessory building, or to the premises in order to conduct the business operations; and
(2) There is no outdoor display or storage, nor indoor display or storage, of merchandise on the premises which can be seen from the street or sidewalk adjacent to the dwelling; and
(3) The business is conducted by members of the immediate family, all of whom reside in the residence and there are no additional employees; and
(4) Personal appearances by customers on the property are limited to one at a time, and not more than eight customers per day; and
(5) There is no external signage which informs potential customers of the location of the residential dwelling for the purpose of attracting customers to the dwelling; and
(6) The business activity does not create noise levels audible above normal ambient residential levels beyond the property line of the property upon which the residential dwelling is located; and
(7) The activities do not attract more than three commercial deliveries of goods and services daily; and
(8) The home occupation may not serve as a headquarters or dispatch center where employees come to the site and are dispatched to other locations; and
(9) In the case of home child care, there are not more than 16 children total and the operator is appropriately registered and/or certified by the state; and
(10) The owner has and maintains a valid city business license.
(B) Type B. Allowed by approval of the planning commission through a Type III application, and subject to the following:
(1) There are structural alterations or changes necessary to the dwelling, accessory building, or to the premises in order to conduct the business operations, and/or a new accessory building is needed to conduct the normal operations of the business; and
(2) There is no outdoor display or storage, nor indoor display or storage, of merchandise on the premises which can be seen from the street or sidewalk adjacent to the dwelling; and
(3) The business is conducted by members of the immediate family living on the premises and/or not more than one employee who does not reside in the residence; and
(4) Personal appearances by customers on the property are limited to three at a time, and not more than 10 customers per day; and
(5) The business activity does not create noise levels audible above normal ambient residential levels beyond the property line of the property upon which the residential dwelling is located; and
(6) The activities do not attract more than five commercial deliveries of goods and services daily; and
(7) The home occupation may not serve as a headquarters or dispatch center where employees come to the site and are dispatched to other locations; and
(8) The owner has and maintains a valid city business license; and
(9) There is no accessory dwelling associated with the primary residence. [Ord. 810, 2000; Code 2000 § 11.20.08; Ord. 916 § 1 (Exh. A), 2010.]
18.20.090 Accessory dwellings.
(A) A second or secondary, self-contained, one-bedroom living unit with separate entrance and kitchen, developed in conjunction with an existing single-family home and usually created in one of the following ways:
(1) From existing space in the primary dwelling;
(2) From a combination of existing and newly created space associated with the primary dwelling;
(3) From space within an existing accessory building, such as a detached garage; or
(4) From the addition of a new accessory building associated with an existing single-family home.
(B) Accessory dwellings shall comply with the following:
(1) The unit shall not exceed 800 square feet, or 60 percent of the total floor area of the primary dwelling, whichever is greater.
(2) The unit shall comply with the standard setbacks and height limitations of the base zone.
(3) All yard area requirements of the base zone shall be met, and the unit shall comply with the fire and life safety codes. [Ord. 810, 2000; Code 2000 § 11.20.09; Ord. 2020-05 § 1 (Exh. A), 2020.]