Chapter 19.30
RESIDENTIAL (R) DISTRICT

Sections:

19.30.010    Purpose.

19.30.020    Permitted land uses.

19.30.030    Building setbacks.

19.30.040    Lot area and dimensions.

19.30.050    Flag lots and lots accessed by mid-block lanes.

19.30.060    Residential density and building size.

19.30.070    Maximum lot coverage.

19.30.080    Building height.

19.30.090    Building orientation.

19.30.100    Architectural standards.

19.30.110    Special standards for certain uses.

19.30.120    Additional residential districts.

19.30.130    Multifamily district (MF).

19.30.140    Manufactured home park district (MH).

19.30.010 Purpose.

A. The residential district is intended to promote the livability, stability and improvement of the city’s neighborhoods. This chapter provides standards for the orderly expansion and improvement of neighborhoods based on the following principles:

1. Make efficient use of land and public services, implement the Comprehensive Plan, and provide minimum and maximum density standards for housing.

2. Accommodate a range of housing needs, including owner-occupied and rental housing.

3. Provide for compatible building and site design at an appropriate neighborhood scale.

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

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

6. Utilize subdistricts to add additional allowed uses to the uses in the R, single-family residential, base district.

7. Utilize overlay districts to limit uses in the underlying base district.

B. The Old Town and low density residential overlay zones are established to reflect the unique history and character of those two areas of the city.

Old Town was originally platted with lots 50 feet by 150 feet (7,500 square feet) in size. The maintenance of that open character and density is important to maintaining the identity of that area.

The low density overlay zone area is a portion of Fairview that has had historically large lots of an acre or more. While it is anticipated that the area will eventually change to a higher density through incremental zone changes initiated by property owners, the city will wait until those changes are proposed to consider the appropriateness of increasing the density in that portion of Fairview. (Ord. 3-2003; Ord. 6-2001 § 1)

19.30.020 Permitted land uses.

A. Permitted Uses. The land uses listed in Table 19.30.020.A are permitted in the residential district, subject to the provisions of this chapter. Only land uses which are specifically listed in Table 19.30.020.A, and land uses which are approved as “similar” to those in Table 19.30.020.A, may be permitted. The land uses identified with a “CU” in Table 19.30.020.A require conditional use permit approval prior to development or a change in use, in accordance with Article IV of this title.

B. Determination of Similar Land Use. Similar use determinations shall be made in conformance with the procedures in Chapter 19.480 FMC.

.

Table 19.30.020.A

Land Uses and Building Types Permitted in the Residential District 

ZONES AND OVERLAYS

Residential

MF Subdistrict

MH Subdistrict

Townhouse Overlay Zone

Old Town Overlay Zone

Lower Density Residential Overlay Zone

USES

 

RESIDENTIAL

a. Single-family detached

X

 

 

X

X

X

b. Single-family detached zero-lot line

X*

 

 

X*

X*

X*

c. Accessory dwellings

X*

 

 

X*

X*

X*

d. Accessory uses and structures (other than accessory dwellings)

X*

X*

X*

X*

X*

X*

e. Manufactured homes on individual lots

X*

 

 

 

X*

X*

f. Single-family attached townhomes

 

X*

 

X*

 

 

g. Two-family – Duplex

CU*

 

 

 

CU*

CU*

h. Three-family – Triplex

 

X*

 

 

 

 

i. Multifamily (four or more units)

 

X*, **

 

 

 

 

j. Manufactured home park

 

 

X*

 

 

 

RESIDENTIAL CARE

k. Residential care homes

X*

X*

X*

X*

X*

X*

l. Residential care facilities

 

X*, **

 

 

 

 

m. Family day care

X

X

X

X

X

X

n. Child care center (more than 12 children)

 

X**

 

 

 

 

RESIDENTIAL COMMERCIAL

o. Small-scale retail goods and services

 

X**

 

 

 

 

p. Medical and dental offices and clinics

 

X**

 

 

 

 

q. Personal services (e.g., barber shops, salons, similar uses)

 

X**

 

 

 

 

r. Repair services, conducted entirely within building; auto repair and similar uses excluded

 

X**

 

 

 

 

s. Mixed use building – Residential with other permitted use

 

X**

 

 

 

 

t. Bed and breakfast inns

 

CU*

 

 

 

 

OTHER

u. Home occupations and temporary uses

X***

X***

X***

X***

X***

X***

v. Community services/parks

X (CU)*

X (CU)*

X (CU)*

X (CU)*

X (CU)*

X (CU)*

 

*    Subject to standards in FMC 19.30.110, Special standards for certain uses.

**    Subject to additional standards in FMC 19.30.130, Multifamily district (MF).

***    Subject to standards in Chapter 19.490 FMC, Miscellaneous Permits (Temporary Uses, Home Occupations, Others).

(Ord. 3-2003; Ord. 6-2001 § 1)

19.30.030 Building setbacks.

Figure 19.30.030 – Building Setbacks

A. Front Setbacks.

1. Residential Uses (single-family detached and attached, duplex and triplex, manufactured homes on lots, multifamily housing types). Setbacks for manufactured home parks are located in FMC 19.30.130.

a. A minimum setback of 10 feet and a maximum setback of 30 feet is required, except that an unenclosed porch may be within eight feet of the right-of-way, as long as it does not encroach into a public utility easement. These setbacks shall also apply to accessory dwelling units. See also FMC 19.30.030(F), which provides standards for setbacks for established residential areas (for homes built on vacant lots surrounded by existing development).

b. Garages and carports shall be accessed from rear alleys or otherwise recessed behind the front building elevation (facade or porch) by a minimum of six feet. Alternatively, garage and carport entrances may be built flush with the front building elevation when the building is set back at least 20 feet.

c. Multifamily housing shall also comply with the building orientation standards in FMC 19.30.090, Building orientation.

2. Residential Commercial Buildings.

a. A minimum front setback is not required, except as necessary to comply with the vision clearance standards in FMC 19.162.020.

b. A maximum setback of 10 feet is required. This standard is met when a minimum of 50 percent of the front building elevation is placed 10 feet or closer to the front property line. On parcels with more than one building, this standard applies to the largest building. Exception: The setback may be increased when an expanded sidewalk, outdoor seating area, plaza, pocket park, or town square is provided between the building and front property line.

3. Public and Institutional Buildings. The standards in subsection (A)(2) of this section (residential commercial buildings) shall also apply to public and institutional buildings, except that the maximum setback standard in subsection (A)(2)(b) shall not be required for buildings that do not receive the public (e.g., buildings used solely for storage or housing mechanical equipment, and similar uses).

B. Rear Setbacks. The minimum rear setback shall be 15 feet for street-access lots, and two feet for alley-access lots (for accessory structures).

C. Side Setbacks. The minimum side setback shall be five feet on interior side yards, and 10 feet on street corner yards; or when zero-lot line development is permitted, the minimum side setbacks shall be 10 feet minimum on one side of the dwelling unit, and no setback required on the opposite side. (See the special standards for zero-lot line housing in FMC 19.30.110.)

D. Setback Exceptions. The following architectural features are allowed to encroach into the setback yards: Eaves, chimneys, bay windows, overhangs, and similar architectural features may encroach into setbacks by no more than three feet. Decks and similar structures not exceeding 36 inches in height (attached railings not included) may encroach into setbacks by no more than five feet, subject to the front yard setback provisions in subsection A of this section. Walls and fences may be placed on property lines, subject to the standards in Chapter 19.163 FMC, Landscaping, Street Trees, Fences and Walls. Walls and fences within front yards shall additionally comply with the vision clearance standards in FMC 19.162.020.

E. Special Yards – Distance between Buildings on the Same Lot. To provide usable yard area and allow air circulation and light, the minimum distance between buildings on the same lot shall be no less than 12 feet. This requirement shall also apply to portions of the same buildings separated from each other by a court, landscape yard, or other open space. This standard does not apply to detached garages, accessory dwelling units, and other accessory structures.

F. Setbacks for Infill Housing in Established Residential Areas. “Established residential area” means an area within the residential district that was platted prior to the effective date of the ordinance codified in this title. In such areas, the following setback standards shall apply:

Figure 19.30.030.F – Infill/Established Residential Area Setbacks

1. When an existing single-family residence on the same street is located within 30 feet of the subject site, a front yard setback similar to that of the nearest single-family residence shall be used. “Similar” means the setback is within five feet of the setback provided by the nearest single-family residence on the same street. For example, if the existing single-family residence has a front yard setback of 20 feet, then the new building shall have a front yard setback between 15 feet and 25 feet. If the new building is to be located between two existing residences, then the setback for the new building shall be based on the average setback of both adjacent residences, plus or minus five feet.

2. In no case shall a front yard setback be less than 10 feet. Zero-lot line houses shall comply with the standards for zero-lot line housing in FMC 19.30.110.

3. The preceding standards in subsections (F)(1) and (F)(2) of this section shall not be changed, except through a Type III variance (i.e., to avoid significant trees, topographic constraints or other sensitive lands). (Ord. 3-2010 § 4; Ord. 6-2001 § 1)

19.30.040 Lot area and dimensions.

Figure 19.30.040 – Lot Dimensions

 

Table 19.30.040 – Lot Area and Dimensions 

Land Use

Districts* and Lot Area

Lot Width/Depth

Related Standards

Detached Single-Family Housing; Manufactured Homes on Lots

Standard Residential District and Townhouse Overlay Zone:

Minimum: 6,000 square feet.

Maximum: 10,000 square feet.

Minimum Width: 30 feet at front property line, except for flag lots and lots served by private lanes (see FMC 19.30.050).

Maximum Depth: Three times the lot width; except as may be required by this code (e.g., to protect sensitive lands, etc.).

The average lot area and residential floor area in new developments shall conform to the standards in FMC 19.30.060, Residential density and building size.

Old Town Overlay Zone:

Minimum: 7,500 square feet.

Maximum: 10,000 square feet.

Lower Density Residential Overlay Zone:

Minimum: 10,000 square feet.

Maximum: None.

Single-Family Attached Townhomes

MF Subdistrict and Townhouse Overlay Zone:

Minimum: 2,000 square feet.

Maximum: 4,500 square feet.

Two-Family Attached Housing

Standard Residential District, Old Town Overlay Zone and Lower Density Residential Overlay Zone:

Minimum: 6,000 square feet.

Maximum: 10,000 square feet.

Three-Family Attached Housing (Triplex)

MF Subdistrict:

Minimum: 6,000 square feet.

Maximum: 10,000 square feet.

Minimum Width: 60 feet at front property line, except for flag lots and lots served by private lanes (see FMC 19.30.050).

Maximum Depth: Three times the lot width; except as required to protect sensitive lands, etc.

Multifamily Housing (Four Units or More)

MF Subdistrict:

Minimum Area: 2,500 square feet per unit.

Maximum Area: None. (The maximum lot/parcel area is controlled by the block area standards in Chapter 19.162 FMC, Access and Circulation.)

Minimum Width: 60 feet at front property line.

Maximum Depth: None.

Manufactured Home Parks

MH Subdistrict:

See FMC 19.30.140 for special standards.

See FMC 19.30.140 for manufactured home park standards.

Public and Institutional Uses

All Residential Districts:

Minimum Area: None.

Maximum Area: None. (See FMC 19.30.110 for special standards.)

Minimum Width: 0 feet at front property line for open space uses and 60 feet at front property line for all other uses.

Maximum Depth: None.

The maximum lot/parcel area is controlled by the block area standards in Chapter 19.162 FMC, Access and Circulation.

Residential Commercial Uses

MF Subdistrict:

Minimum Area: None.

Maximum Area: None. (See FMC 19.30.130 for special standards.)

Minimum Width: 60 feet at front property line.

Maximum Depth: None.

The maximum lot/parcel area is indirectly controlled by the floor area standards for residential commercial development, as provided in FMC 19.30.130(C)(4).

*See Table 19.30.020 for permitted uses and building types

(Ord. 3-2003; Ord. 6-2001 § 1)

19.30.050 Flag lots and lots accessed by mid-block lanes.

As shown below, some lots in existing neighborhoods may have standard widths but may be unusually deep compared to other lots in the area. Essentially unused space at the back of a lot may provide room for one or more lots for infill housing. Infill lots may be developed as “flag lots” or “mid-block developments,” as defined below:

Figure 19.30.050 – Mid-Block Infill

A. Mid-Block Lanes. Lots may be developed without frontage onto a public street when lot access is provided by a series of mid-block lanes, as shown above. Mid-block lanes shall be required whenever practicable as an alternative to approving flag lots. The lanes shall meet the standards for alleys, per subsections B through E of this section.

B. Driveway and Lane Width. The minimum width of all shared drives and lanes shall be 12 feet; the maximum width is 20 feet, except as required by the Uniform Fire Code.

C. Dedication of Drive Lane. The owner shall dedicate 12 feet of right-of-way or record a 12-foot easement (i.e., six feet for each property sharing a drive) for vehicle access similar to an alley. The dedication or recording, as applicable, shall be so indicated on the face of the subdivision or partition plat.

D. Maximum Drive Lane Length. The maximum drive lane length is 400 feet unless a greater length is approved based upon the requirements of the Uniform Fire Code.

E. Future Street Plans. Building placement and alignment of shared drives shall be designed so that future street connections can be made as surrounding properties develop (i.e., as shown in the preceding graphic). (Ord. 6-2001 § 1)

19.30.060 Residential density and building size.

A. Residential Density Standard. New development applications must achieve at least the minimum density of the zoning district in which they are located. Projects proposed at less than the minimum density must demonstrate on a site plan or other means, how, in all aspects, future intensifications of the site to the minimum density or greater can be achieved without a variance. For the purposes of this subsection, new development shall mean intensification of the site by adding new primary dwelling units, other than accessory dwelling units, or land division of the property. New development is not intended to refer to additions to existing structures, rehabilitation, renovation, remodeling, or other building modifications or revisions of existing structures.

B. Minimum Density Calculation. Multiply the total (gross) site area by .80 to obtain total net site area. Divide the total net site area by the maximum lot size and multiply that figure by .80 to determine the minimum density or the minimum number of required units.

For example, density for a five-acre parcel would be calculated in the following manner:

Net site area

=

Total site area (217,800 sq. ft.) multiplied by .80 for streets and roads = 174,200 sq. ft.

Density

=

Net site area (174,200 sq. ft.) divided by 6,000 sq. ft. (minimum lot area) = 29.03

Minimum density

=

29.03 multiplied by .80 = 23.22. Therefore, 23 units is the minimum number of units which must be placed on the site.

This is only one example; actual lot sizes will vary based on the proposed building type and the lot area standards in FMC 19.30.040. The flag “pole” portion of the flag lot shall be considered buildable for the purpose of calculating densities. See Figure 19.30.060B.

Figure 19.30.060.B – Flag Lot (Typical)

1. The density standards may be averaged over more than one development phase (i.e., as in a master planned development). Duplex and triplex lots used to comply with the density standard shall be so designated on the final subdivision plat.

2. The following types of housing are exempt from the density standards: Residential care homes/facilities and partitions creating two lots.

C. Residential Building Size Standard. In order to implement the residential building intensity policies of the Comprehensive Plan and limit the mass of residential buildings in relation to the lot area, the following floor area standards are established:

1. Existing Development. On any lot where the adjusted floor area which existed on the effective date of this section exceeded or was within 100 square feet of the maximum adjusted floor area specified in subsection (C)(2) of this section, a building permit may be obtained for up to 100 square feet of additional adjusted floor area, without requiring a variance, where the proposed addition complies with all other provisions of this section.

2. Adjusted Floor Area. As used in this section, “adjusted floor area” is the sum of the gross horizontal areas of all floors of all principal and accessory buildings measured from the exterior faces of the exterior walls of the building(s), and all other enclosed volumes which could be utilized as floor area and have minimum dimensions of eight feet by 10 feet and seven and one-half feet head room, without additional excavation. Adjusted floor area excludes all unenclosed horizontal surfaces such as balconies, decks or porches; the first 500 square feet of garage space; the first 500 square feet of any accessory dwelling; and any areas below or predominately below both the natural and finished grade, measured at the perimeter of the building, which in the opinion of the planning director does not add to the visual mass of the building. Interpretation of this section made by the director may be appealed to the planning commission, as specified in Article IV of this title. (Ord. 6-2001 § 1)

19.30.070 Maximum lot coverage.

A. Maximum Lot Coverage. The following maximum lot coverage standards shall apply to all, subject to the maximum building size standards in FMC 19.30.060:

1. Single-family detached houses: 65 percent;

2. Duplexes and triplexes: 70 percent;

3. Single-family attached townhomes: 70 percent;

4. Multiple-family housing: 70 percent; and

5. Residential commercial and public/institutional uses: 85 percent.

B. Lot Coverage Defined. “Lot coverage” means all areas of a lot or parcel covered by buildings (as defined by foundation perimeters) and other structures with surfaces greater than 36 inches above the finished grade and all impervious surfaces (such as paved or bricked areas).

C. Compliance with other sections of this code may preclude development of the maximum lot coverage for some land uses. (Ord. 3-2002 § 1; Ord. 6-2001 § 1)

19.30.080 Building height.

Figure 19.30.080 – Building Height Measurement (Composite of Several Roof Forms)

The following building height standards are intended to promote land use compatibility and support the principle of neighborhood-scale design:

A. Building Height Standard. Buildings within the residential district shall be no more than 35 feet or two and one-half stories in height, whichever is less. Building height within the multifamily housing district and for residential commercial buildings may be up to 45 feet or four stories. Building height may be restricted to less than these maximums when necessary to comply with the building height transition standard in subsection C of this section.

B. Method of Measurement. “Building height” is measured as the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof (see above examples). The reference datum shall be selected by either of the following, whichever yields a greater height of building:

1. The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of an exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above the lowest grade.

2. An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface described in subsection (B)(1) of this section is more than 10 feet above the lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building. Not included in the maximum height are: chimneys, bell towers, steeples, roof equipment, flagpoles, and similar features which are not for human occupancy.

C. Building Height Transition. To provide compatible building scale and privacy between developments, taller buildings shall “step-down” to create a building height transition to adjacent single-story building(s).

1. This standard applies to new and vertically expanded buildings within 20 feet (as measured horizontally) of an existing single-story building with a height of 20 feet or less, as shown above.

2. The building height transition standard is met when the height of the taller building (“x”) does not exceed one foot of height for every one foot separating the two buildings (“y”), as shown in Figure 19.30.080.C.

Figure 19.30.080.C – Building Height Transition

(Ord. 6-2001 § 1)

19.30.090 Building orientation.

Figure 19.30.090.A – Typical Building Orientation (Multifamily/Attached Housing)

Figure 19.30.090.B – Typical Building Orientation (Residential Commercial Building)

A. Purpose. The following standards are intended to orient buildings close to streets to promote human-scale development, slow traffic down, and encourage walking in neighborhoods. Placing residences and other buildings close to the street also encourages security and safety by having more “eyes-on-the-street.”

B. Applicability. This section applies to: single-family detached housing (except for flag lot development); attached townhomes which are subject to site design review (three or more attached units); multifamily housing; residential commercial buildings; and public and institutional buildings, except that the standard shall not apply to public and institutional buildings which do not receive the public (e.g., buildings used solely for storage or for housing mechanical equipment; and similar uses.)

C. Building Orientation Standards. All developments listed in subsection B of this section shall be oriented to a street. The building orientation standard is met when all of the following criteria are met:

1. Compliance with the setback standards in FMC 19.30.030.

2. All buildings shall have their primary entrance(s) oriented to the street. Multifamily and neighborhood commercial building entrances may include entrances to individual units, lobby entrances, or breezeway/courtyard entrances (i.e., to a cluster of units or commercial spaces). Alternatively, a building may have its entrance oriented to a side yard when a direct pedestrian walkway is provided between the building entrance and the street in accordance with the standards in Chapter 19.162 FMC, Access and Circulation. In this case, at least one entrance shall be provided not more than 20 feet from the closest sidewalk or street.

3. Off-street parking, drives or other vehicle areas shall not be placed between buildings and streets where building placement complies with this standard. (Ord. 6-2001 § 1)

19.30.100 Design standards.

A. Purpose. The architectural standards are intended to provide detailed, human-scale design, while affording flexibility to use a variety of building styles.

B. Applicability. This section applies to all of the following types of buildings, and shall be applied during site design review:

1. Single-family attached townhomes which are subject to site design review (three or more attached units);

2. Multifamily housing;

3. Public and institutional buildings;

4. Residential commercial and mixed use buildings; and

5. Duplexes and triplexes.

C. Standards. All buildings which are subject to this section shall comply with all of the following standards. The graphics provided with each standard are intended to show examples of how to comply. Other building styles and designs can be used to comply, so long as they are consistent with the text of this section. An architectural feature (i.e., as shown in the graphics) may be used to comply with more than one standard.

Figure 19.30.100.C(1) – Building Form (Multifamily Housing Example)

1. Building Form. The continuous horizontal distance (i.e., as measured from end-wall to end-wall) of individual buildings shall not exceed 120 feet. All buildings shall incorporate design features such as offsets, balconies, projections, window reveals, or similar elements to preclude large expanses of uninterrupted building surfaces, as shown in the above figure. Along the vertical face of a structure, such features shall occur at a minimum of every 35 feet, and on each floor shall contain at least two of the following features:

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

b. Extension (e.g., floor area, deck, patio, entrance, or similar feature) that projects a minimum of two feet and runs horizontally for a minimum length of four feet; and/or

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

2. Eyes on the Street. All building elevations visible from a street right-of-way shall provide doors, porches, balconies, and/or windows. A minimum of 60 percent of front (i.e., street-facing) elevations, and a minimum of 30 percent of side and rear building elevations shall meet this standard. “Percent of elevation” is measured as the horizontal plane (lineal feet) containing doors, porches, balconies, terraces and/or windows. The standard applies to each full and partial building story.

Figure 19.30.100.C(2) – Examples of Design Details on a Duplex

3. Detailed Design. All buildings shall provide detailed design along all elevations (i.e., front, rear and sides). Detailed design shall be provided by using at least three of the following architectural features on all elevations, as appropriate for the proposed building type and style (may vary features on rear/side/front elevations):

a. Dormers;

b. Gables;

c. Recessed entries;

d. Covered porch entries;

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 four inches wide);

j. Bay windows;

k. Balconies;

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

m. Decorative cornices and rooflines (e.g., for flat roofs);

n. An alternative feature providing visual relief, similar to options in subsections (C)(3)(a) through (m) of this section.

Figure 19.30.100.C(3) – Examples of Architectural Details

(Ord. 6-2001 § 1)

19.30.110 Special standards for certain uses.

This section supplements the standards contained FMC 19.30.010 through 19.30.100. It provides standards for the following land uses in order to control the scale and compatibility of those uses within the residential district:

A. “Zero-Lot Line” Single-Family Home. “Zero-lot line” houses are subject to the same standards as single-family housing, except that a side yard setback is not required on one side of a typical lot (as shown below). This type of housing is permitted to allow development on smaller (i.e., narrower) lots and still provide usable outdoor living area in side-oriented courtyards. The following standards are intended to promote compatibility and privacy between adjacent buildings and allow for building maintenance:

Figure 19.30.110.A – Zero-Lot Line Housing

1. Setbacks Adjacent to Non-Zero-Lot Line Development. When a zero-lot line house shares a side property line with a non-zero-lot line development, the zero-lot line building shall be set back from the common property line by a minimum of 10 feet;

2. Construction and Maintenance Easement. Prior to building permit approval, the applicant shall submit a copy of a recorded easement for every zero-lot line house that guarantees rights for the purpose of construction and maintenance of structures and yards. The easement shall stipulate that no fence or other obstruction shall be placed in a manner that would prevent maintenance of structures on the subject lot; and

3. Buffering. The building placement, landscaping, and/or design of windows shall provide a buffer for the occupants of abutting lots. For example, this standard is met by placing ground-floor windows (along the zero setback) above sight lines with direct views into adjacent yards, or by directing views away from yards (e.g., bay window), or by using frosted/non-see-through windows, as necessary.

B. Accessory Dwelling. An accessory dwelling is an interior, attached, or detached dwelling unit that is used in connection with, or that is accessory to, a single-family dwelling. The housing density standard of the residential district does not apply to accessory dwellings, due to the small size and low occupancy level of the use. The following standards are intended to control the size and number of accessory dwellings on individual lots, to promote compatibility with adjacent land uses. Accessory dwellings shall comply with all of the following standards:

1. Oregon Structural Specialty Code. The structure complies with the Oregon Structural Specialty Code;

2. Owner-Occupied. The primary residence or accessory dwelling shall be owner-occupied. Alternatively, the owner may appoint a family member as a resident caretaker of the principal house or of the accessory dwelling;

3. One Unit. A maximum of one accessory dwelling unit is allowed per single-family detached dwelling;

4. Floor Area. The total square footage of an accessory dwelling shall not exceed 800 square feet, except where the entire floor of a dwelling existing as of January 18, 2019, is converted to an accessory dwelling and there is no maximum square footage for the converted floor;

5. Building Height. The building height of detached accessory dwellings (i.e., separate cottages) shall not exceed 20 feet, as measured in accordance with FMC 19.30.080, except ADUs located above a detached garage shall comply with the building height standards for accessory uses and structures in subsections (G)(6)(d)(ii) and (iii) of this section;

6. Repealed by Ord. 7-2018.

7. Repealed by Ord. 7-2018.

8. Parking. One additional parking space shall be provided for each ADU; and

9. Lot Coverage. The accessory dwelling and all other buildings and impermeable surfaces shall not exceed the lot coverage requirements in FMC 19.30.070.

C. Manufactured Homes on Individual Lots. Manufactured homes are permitted on individual lots, subject to all of the following design standards. Exception: The following standards do not apply to units which existed on site prior to the effective date of the ordinance codified in this title.

1. Floor Plan. The manufactured home shall be multisectional 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 materials used on nearby residences (e.g., horizontal wood or wood-appearance siding is considered “superior” to metal siding and roofing).

4. Garages and Carports. The manufactured home shall have a garage or carport constructed of like materials when nearby residences have carports or garages. The city may require an attached or detached garage where that would be consistent with the predominance construction of immediately surrounding residences.

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 “Super Good Cents” energy efficiency standards is deemed to satisfy the exterior thermal envelope certification requirement. Additional manufacturers 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, and complying with the minimum set-up standards of the adopted state Administrative Rules for Manufactured Dwellings, 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.

8. Prohibited. The manufactured home shall not be located in a designated historic district or immediately adjacent to a historic landmark (as is allowed by ORS 197.314(3)).

D. Residential Care Homes and Facilities. Residential care homes are residential treatment or training homes or adult foster homes licensed by the state of Oregon. They may provide residential care alone, or in conjunction with treatment and/or training, for five or fewer individuals (“homes”) or six to 15 individuals (“facilities”) who need not be related. Staff persons required to meet state licensing requirements shall not be counted in the number of facility residents and need not be related to each other or the residents. Residential care homes and facilities shall comply with the following standards, consistent with Oregon statutes:

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

2. Parking. A minimum of one parking space shall be provided for each employee and typical number of visitors, in accordance with city parking requirements.

E. Single-Family Attached (Townhomes), Duplexes and Triplexes. Single-family attached housing (townhome units on individual lots), duplex and triplex developments shall comply with the standards in subsections (E)(1) through (E)(4) of this section. The standards 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.

Figure 19.30.110.E – Townhomes and Multiplex Housing with Alley Access

1. Building Mass Supplemental Standard. Within the residential district, the maximum number and width of consecutively attached town-homes on individual lots (i.e., with attached walls at property line) shall not exceed four units. Within the multifamily district, the number and width of consecutively attached townhome units on one lot shall not exceed six units.

2. Alley Access. Townhome, duplex, triplex and subdivisions (four or more lots) shall receive vehicle access only from a rear alley. Alley(s) shall be created at the time of subdivision approval, in accordance with FMC 19.165.020, Transportation standards, and Chapter 19.430 FMC, Land Divisions and Lot Line Adjustments. Alleys are not required when existing development patterns or topography make construction of an alley impracticable (see subsection (E)(3) of this section for standards). As necessary, the city shall require dedication of right-of-way or easements and construction of pathways between townhome lots (e.g., between building breaks) to implement the standards in Chapter 19.162 FMC, Access and Circulation.

Figure 19.30.110.E(3) – Townhomes and Multiplex Housing With Street Access

3. Street Access Developments. Town-homes, duplexes and triplexes receiving access directly from a public or private street (and not an alley) shall comply with all of the following standards, in order to minimize interruption of adjacent sidewalks by driveway entrances, slow traffic, maximize on-street parking, improve appearance of the streets, and minimize paved surfaces for better stormwater management.

a. When garages face the street, they shall be recessed behind the front elevation (i.e., living area or covered front porch) by a minimum of four feet.

b. The maximum allowable driveway width facing the street is 12 feet per dwelling unit. The maximum combined garage width per unit is 50 percent of the total building width. For example, a 24-foot wide unit may have one 12-foot wide recessed garage facing the street.

c. Two adjacent garages shall share one driveway when individual driveways would otherwise be separated by less than 20 feet (i.e., the width of one on-street parking space). When a driveway serves more than one lot, the developer shall record an access and maintenance easement/agreement to benefit each lot, prior to building permit issuance.

4. Common Areas. “Common areas” (e.g., landscaping in private tracts, shared driveways, private alleys, and similar uses) shall be maintained by a homeowners association or other legal entity. A homeowners association may also be responsible for exterior building maintenance. A copy of any applicable covenants, restrictions and conditions shall be recorded and provided to the city prior to building permit approval.

F. Community Services/Parks. Public and institutional uses (as listed in Table 19.30.020.A) are allowed in the residential district subject to the following land use standards, which are intended to control the scale of these developments and their compatibility with nearby residences:

1. Development Site Area. The maximum development site area shall be eight acres, except that this standard shall not apply to parks and open space uses. Larger developments may be approved as a conditional use, in accordance with Chapter 19.440 FMC, Conditional Use Permits, or as part of a master planned development, in accordance with Chapter 19.450 FMC.

2. Vehicle Areas and Trash Receptacles. All vehicle areas (i.e., parking, drives, storage, etc.) and trash receptacles shall be oriented away from adjacent residences to the greatest extent practicable, and shall be screened with an evergreen hedge or solid fence or wall of not less than six feet in height.

G. Accessory Uses and Structures. Accessory uses and structures are of a nature customarily incidental and subordinate to the principal use or structure on the same lot, except for accessory dwelling units. Typical accessory structures in the residential district include detached garages, sheds, workshops, greenhouses and similar structures. (For standards applicable to accessory dwellings, please refer to subsection B of this section.) All accessory structures shall comply with all of the following standards:

1. Primary Use Required. An accessory structure shall not be allowed without another permitted use (e.g., as listed in Table 19.30.020.A) pre-existing or developed simultaneously.

2. Restrictions. A structure shall not be placed over an easement that prohibits such placement. No structure shall encroach into the public right-of-way.

3. Compliance with Land Division Standards. The owner may be required to remove an accessory structure as a condition of land division approval when removal of the structure is necessary to comply with setback standards.

4. Buffering. A minimum four-foot hedge or fence may be required to screen the accessory structure from dwellings on adjacent lots, unless a similar screen is provided or the distance to adjacent dwelling(s) is greater than 50 feet.

5. Lot Coverage. Existing lot coverage standards for the applicable district would apply.

6. Accessory structures are allowed subject to the following standards:

a. Accessory structures must comply with the setback requirements of the main building, except where specifically modified by this section.

b. Accessory structures 200 square feet or smaller must be located behind the front facade of the main building, but may be placed on the site with zero side and/or rear setbacks if in compliance with the Oregon Building Codes.

c. No accessory structure shall be erected or maintained and no existing accessory structure shall be altered, modified, converted, enlarged or moved unless such accessory structure is located on the lot in conformance with the following:

i. No accessory structure shall be located in a required front yard, nor shall an accessory structure be constructed on a lot which lacks a principal building.

ii. If attached to the principal building they shall fulfill the same front, side and rear yard setbacks as required of the principal building.

iii. No accessory structure shall encroach onto an easement of record unless detached, portable and written permission has been granted by the entity which is the grantee under the easement.

iv. The maximum size of an accessory structure on a lot up to one acre in size is 1,000 square feet. Lots larger than one acre shall have no accessory building size limit except as provided elsewhere in this code. An accessory dwelling unit may be combined with a detached garage as a second level unit on a lot up to one acre in size, provided the floor area of the accessory dwelling unit does not exceed 800 square feet and the floor area of the garage, excluding the accessory unit, does not exceed 1,000 square feet.

v. No accessory structure may be located closer than six feet from any other structure unless constructed to conform with the Oregon Building Codes.

vi. Lot coverage requirements apply to all accessory structures.

vii. Accessory structures situated on a corner lot and detached from the main building shall have a minimum side yard setback of 10 feet, except for accessory structures where private vehicles are stored and have an entrance from the street side yard, where a minimum street side yard setback of 20 feet shall be required.

viii. All accessory structures attached to the principal building shall meet the requirements of the Oregon Building Codes.

d. Accessory structures larger than 200 square feet must meet the following standards:

i. If located within five feet of the property line accessory structures shall be no more than 10 feet in height.

ii. If located at five feet or more, but less than the setback required for the principal structure, the building may be as tall as the main building or 20 feet in height, whichever is less.

iii. If located at a greater distance from the property line than the setback required for the principal building, the accessory structure may be as tall as the principal structure or 25 feet, whichever is less.

iv. Accessory structures 450 square feet or larger shall be constructed of materials that provide the same appearance, and be of a similar design to the main building.

H. Bed and Breakfast Inns.

1. Purpose. The purpose of this section is to provide standards for the establishment of a bed and breakfast inn.

2. Accessory Use. A bed and breakfast inn must be accessory to a household already occupying the structure.

3. Maximum Size. The bed and breakfast structure is limited to a maximum of five bedrooms for guests and a maximum of six guests per night.

4. Employees. The bed and breakfast facility may have up to two nonresident employees for the facility.

5. Food Service. Food services may only be provided to overnight guests of the bed and breakfast inn.

6. Owner-Occupied. The bed and breakfast inn shall be owner-occupied and shall maintain the exterior physical characteristics of a single-family dwelling. No separate structures shall be allowed (except for usual residential accessory buildings such as sheds, or detached garages).

7. Signs. Allowed signage permits one non-illuminated on-premises sign identifying the name of the bed and breakfast and the operator shall be permitted. The sign shall not exceed four square feet in area.

8. Monitoring. All bed and breakfast inns must maintain a guest logbook. It must include the names and home address of the guest, guests’ license plate number if traveling by car, dates of stay and the room number of each guest. The log must be available for inspection by city staff upon request. (Ord. 7-2018 § 1 (Att. A); Ord. 1-2012 § 4; Ord. 3-2010 §§ 2, 3; Ord. 3-2002 § 1; Ord. 6-2001 § 1)

19.30.120 Additional residential districts.

A. Districts Authorized. These districts provide needed land for land uses that may not otherwise be accommodated in the underlying residential district. The Comprehensive Plan identifies a need for maintaining higher density development, providing small commercial services within residential neighborhoods, and encouraging the development of multifamily housing. Therefore, the city has adopted the following additional subdistricts: residential multifamily (MF), FMC 19.30.130, and mobile home park (MH), FMC 19.30.140.

B. Applicability. These districts are identified on the city’s official zoning map. Properties designated with the MF-1 and MH-1 districts shall comply with the provisions of the underlying residential district, except as may be modified by this section. (Ord. 6-2001 § 1)

19.30.130 Residential multifamily district (MF).

A. Purpose/Intent Statement. The multifamily district is designed to provide land for larger multiple-family housing and residential commercial uses. Multifamily housing is housing that provides four or more dwellings on an individual lot (e.g., multiplexes, apartments, condominiums, etc.). New multifamily developments shall comply with all of the following standards.

Figure 19.30.130.A – Multifamily Housing (Typical Site Layout)

B. Multifamily Housing Development Standards.

1. Common Open Space. Inclusive of required yard setbacks, a minimum of 10 percent of the site area shall be designated and permanently reserved as usable common open space in all multiple-family developments. The site area is defined as the lot or parcel on which the development is planned, after subtracting any required dedication of street right-of-way and other land for public purposes (e.g., public park or school grounds, etc.). Sensitive lands (e.g., wetlands, floodplains, steep hillsides) and historic buildings or landmarks open to the public and designated by the Comprehensive Plan or by the U.S. Department of the Interior may be counted toward meeting the common open space requirements.

2. Private Open Space. Private open space areas shall be required for ground-floor and upper-floor housing units based on all of the following standards:

a. Ground-floor housing units shall have front or rear patios or decks measuring at least 48 square feet. “Ground-floor housing” means the housing unit entrance (front or rear) is within five feet of the finished ground elevation (i.e., after grading and landscaping);

b. A minimum of 50 percent of all upper-floor housing units shall have balconies or porches measuring at least 48 square feet. “Upper-floor housing” means housing units which are more than five feet above the finished grade; and

c. Private open space areas shall be oriented toward common open space areas and away from adjacent single-family residences, and adjacent and on-site trash receptacles, parking and drives, to the greatest extent practicable.

3. Exemptions. Exemptions may be granted for the first 50 units of a larger project when these developments are within one-quarter mile (measured walking distance) of a public park; and there is a direct, accessible (i.e., Americans with Disabilities Act-compliant), lighted, and maintained pedestrian trail or sidewalk between the site and the park. An exemption shall be granted only when the nearby park provides active recreation areas such as play fields, children’s play area, sports courts, walking/fitness course, or similar facilities.

4. Trash Receptacles. Trash receptacles shall be oriented away from 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 pickup trucks.

C. Residential Commercial Standards.

1. Permitted Uses. Only those residential commercial uses specifically listed in Section 2 of Table 19.30.020.A are permitted. Residential and residential commercial uses may be mixed “vertically,” meaning that a residential use is developed above the commercial use (i.e., ground floor retail/office with upper-story apartments, town-homes, or condominiums), or may be mixed “horizontally,” meaning commercial and residential uses both occupy ground floor space. Automobile-oriented uses, as defined in FMC 19.65.100(D) or where only service vehicles are parked.

2. Location. Residential commercial uses shall locate the front facade of the building along a city-designated collector or arterial street.

3. Building Mass Supplemental Standard. The maximum width or length of a residential commercial or mixed use (residential and commercial) building shall not exceed 80 feet (from end-wall to end-wall).

4. Floor Area Supplemental Standards. The maximum commercial floor area shall not exceed 5,000 square feet total per residential commercial site within the residential commercial district. Floor area is measured by totaling the interior floor area of all building stories, except crawl spaces (i.e., with less than seven and one-half feet of vertical clearance).

5. Hours of Operation. Residential commercial land uses shall be limited to the following hours of operation: 7:00 a.m. to 10:00 p.m. with alternative hours proposed as a conditional use.

Figure 19.30.130.C – Residential Commercial (Typical Site Layout)

(Ord. 6-2001 § 1)

19.30.140 Residential manufactured home park district (MH).

A. Manufactured Home Park. Manufactured home parks are permitted on parcels of one acre or larger within the manufactured home park (MH) district, subject to compliance with subsections (A)(1) through (A)(5) of this section (in cases of conflict with state statutes, the statutes shall prevail, see ORS Chapters 197 and 446):

1. Permitted Uses. Manufactured homes, manufactured home park manager’s office, home occupations, and accessory structures which are necessary for the operation and maintenance of the manufactured home park (e.g., landscape maintenance). Home occupations shall comply with FMC 19.490.200, Home occupation permits.

2. Space. The minimum size pad or space for each home is 2,500 square feet; provided, that the overall density of the park does not exceed 14 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 Building Separation. The minimum setback between park structures and abutting properties is five feet. The minimum setback between park structures and public street rights-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 homes 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 10-foot to 15-foot wide 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. House Design. Manufactured homes in parks shall meet the following design standards, consistent with ORS 197.314(6):

a. 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).

b. 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).

c. Exception. Subsections (A)(5)(a) and (b) of this section do not apply to manufactured homes sited within the city prior to the effective date of the ordinance codified in this title. (Ord. 6-2001 § 1)