Chapter 15.415
BUILDING AND SITE DESIGN STANDARDS
Sections:
15.415.010 Main buildings and uses as accessory buildings.
15.415.020 Building height limitation.
15.415.030 Building height exemptions.
15.415.040 Public access required.
15.415.070 Middle housing land divisions.
15.415.010 Main buildings and uses as accessory buildings.
A. Hereinafter, any building which is the only building on a lot is a main building.
B. In any residential district except RP, there shall be only one main use per lot or development site; provided, that home occupations shall be allowed where permitted.
C. In any residential district, there shall be no more than two accessory buildings on any lot or development site. [Ord. 2451, 12-2-96. Code 2001 § 151.535.]
15.415.020 Building height limitation.
A. Residential.
1. In the R-1 district, no main building shall exceed 30 feet in height, except that townhouse dwellings shall not exceed 35 feet in height.
2. In the R-2, AR, and RP districts, no main building shall exceed 35 feet in height.
3. In the R-3 district, no main building shall exceed 45 feet in height, except, where an R-3 district abuts upon an R-1 district, the maximum permitted building height shall be limited to 30 feet for a distance of 50 feet from the abutting boundary of the aforementioned district.
4. Accessory buildings in the R-1, R-2, R-3, AR, and RP districts are limited to 16 feet in height, except as follows:
a. Up to 800 square feet of an accessory building may have a height of up to 24 feet.
b. Aircraft hangars in the AR district may be the same height as the main building.
5. No cottage cluster dwelling shall exceed 25 feet in height in any zone where the use is permitted.
6. Single-family dwellings permitted in commercial or industrial districts shall not exceed 35 feet in height, or the maximum height permitted in the zone, whichever is less.
B. Commercial, Industrial and Mixed Employment.
1. In the C-1 district no main building or accessory building shall exceed 30 feet in height.
2. In the AI, C-2, C-3, M-E, M-1, M-2, and M-3 districts there is no building height limitation, except, where said districts abut upon a residential district, the maximum permitted building height shall not exceed the maximum building height permitted in the abutting residential district for a distance of 50 feet from the abutting boundary.
3. In the C-4 district, building height limitation is described in NMC 15.352.040(J)(1).
4. In the M-E district within the riverfront overlay subdistrict, building height limitation is described in NMC 15.352.060.
C. The maximum height of buildings and uses permitted conditionally shall be stated in the conditional use permits.
D. Institutional. The maximum height of any building or structure will be 75 feet except as follows:
1. Within 50 feet of an interior property line abutting a C-1, R-1, R-2 or R-P district, no main building may exceed 30 feet.
2. Within 50 feet of an interior property line abutting an R-3 district, no main building may exceed 45 feet.
3. Within 100 feet of a property line abutting a public street or railroad right-of-way, or within 100 feet of property lines abutting parcels with an R-1, R-2, R-3, R-P, C-1, C-2, C-3, M-1, M‑2, or M-3 zoning designation, no main building may exceed 50 feet in height.
4. To utilize the maximum permitted height standard, at least 80 percent of the building’s ground coverage must be beyond the setback area designated in subsection (D)(3) of this section. The maximum encroachment may not exceed 25 feet.
E. Alternative Building Height Standard. As an alternative to the building height standards above, any project may elect to use the following standard (see Figure 24 in Appendix A). To meet this standard:
1. Each point on the building must be no more than 20 feet higher than the ground level at all points on the property lines, plus one vertical foot for each horizontal foot of distance from that property line; and
2. Each point on the building must be no more than 20 feet higher than the ground level at a point directly north on a property line, plus one vertical foot for each two horizontal feet of distance between those points. This second limit does not apply if the property directly to the north is a right-of-way, parking lot, protected natural resource, or similar unbuildable property.
F. Buildings within the airport overlay subdistrict are subject to the height limits of that subdistrict. [Ord. 2889 § 2 (Exh. B § 32), 12-6-21; Ord. 2880 § 2 (Exh. B § 41), 6-7-21; Ord. 2868 § 1 (Exh. A), 11-16-20; Ord. 2730 § 1 (Exh. A (4)), 10-18-10; Ord. 2720 § 1(10), 11-2-09; Ord. 2647, 6-5-06; Ord. 2564, 4-15-02; Ord. 2550, 5-21-01; Ord. 2451, 12-2-96. Code 2001 § 151.536.]
Penalty: See NMC 15.05.120.
15.415.030 Building height exemptions.
Roof structures and architectural features for the housing of elevators, stairways, tanks, ventilating fans and similar equipment required to operate and maintain the building, fire or parapet walls, skylights, towers, flagpoles, chimneys, smokestacks, wireless masts, TV antennas, steeples and similar structures may be erected above the height limits prescribed in this code; provided, that no roof structure, feature or any other device above the prescribed height limit shall be allowed or used for the purpose of providing additional floor space. Further, no roof structure or architectural feature under this exemption shall be erected more than 18 feet above the height of the main building, whether such structure is attached to it or freestanding, nor shall any such structure or feature exceed the height limits of the airport overlay subdistrict. [Ord. 2730 § 1 (Exh. A (4)), 10-18-10; Ord. 2451, 12-2-96. Code 2001 § 151.537.]
15.415.040 Public access required.
No building or structure shall be erected or altered except on a lot fronting or abutting on a public street or having access to a public street over a private street or easement of record approved in accordance with provisions contained in this code. New private streets may not be created to provide access except as allowed under NMC 15.332.020(B)(24), 15.336.020(B)(8), and in the M-4 zone. Existing private streets may not be used for access for new dwelling units, except as allowed under NMC 15.405.030. No building or structure shall be erected or altered without provisions for access roadways as required in the Oregon Fire Code, as adopted by the city. [Ord. 2720 § 1(11), 11-2-09; Ord. 2647, 6-5-06; Ord. 2507, 3-1-99; Ord. 2451, 12-2-96. Code 2001 § 151.538.]
Penalty: See NMC 15.05.120.
15.415.050 Rules and exceptions governing triplex and quadplex dwellings, townhouse dwellings and cottage cluster projects.
A. Where permitted, triplex dwellings and quadplex dwellings are subject to the following provisions:
1. Entry Orientation. At least one main entrance for each triplex or quadplex structure must meet the standards in subsections (A)(1)(a) and (b) of this section. Any detached structure with more than 50 percent of its street-facing facade separated from the street property line by a dwelling is exempt from meeting these standards.
a. The entrance must be within eight feet of the longest street-facing wall of the dwelling unit; and
b. The entrance must either:
i. Face the street (see Appendix A, Figure 26);
ii. Be at an angle of up to 45 degrees from the street (see Appendix A, Figure 27);
iii. Face a common open space that is adjacent to the street and is abutted by dwellings on at least two sides (see Appendix A, Figure 28); or
iv. Open onto a porch (see Appendix A, Figure 29). The porch must:
(A) Be at least 25 square feet in area; and
(B) Have at least one entrance facing the street or have a roof.
2. Windows. A minimum of 15 percent of the area of all street-facing facades must include windows or entrance doors. Facades separated from the street property line by a dwelling are exempt from meeting this standard. (See Appendix A, Figure 30.)
3. Garages and Off-Street Parking Areas. Garages and off-street parking areas shall not be located between a building and a public street (other than an alley), except in compliance with the standards in subsections (A)(2)(a) and (b) of this section.
a. The garage or off-street parking area is separated from the street property line by a dwelling; or
b. The combined width of all garages and outdoor on-site parking and maneuvering areas does not exceed a total of 50 percent of the street frontage.
B. Where permitted, townhouse dwellings are subject to the following provisions:
1. Number of Attached Units. The minimum number of attached townhouse dwelling units in all zones is two units. The maximum number of attached townhouse dwelling units is four units in the R-1 zone and eight units in the R-2, R-3, R-P and AR zones.
2. Entry Orientation. The main entrance of each townhouse must:
a. Be within eight feet of the longest street-facing wall of the dwelling unit, if the lot has public street frontage; and
b. Either:
i. Face the street (see Appendix A, Figure 26); or
ii. Be at an angle of up to 45 degrees from the street (see Appendix A, Figure 27); or
iii. Face a common open space or private access or driveway that is abutted by dwellings on at least two sides (see Appendix A, Figure 28); or
iv. Open onto a porch (see Appendix A, Figure 29). The porch must:
(A) Be at least 25 square feet in area; and
(B) Have at least one entrance facing the street or have a roof.
3. Unit Definition. Each townhouse must include at least one of the following on at least one street-facing facade (see Figure 31):
a. A roof dormer a minimum of four feet in width; or
b. A balcony a minimum of two feet in depth and four feet in width and accessible from an interior room; or
c. A bay window that extends from the facade a minimum of two feet; or
d. An offset of the facade a minimum of two feet in depth, either from the neighboring townhouse or within the facade of a single townhouse; or
e. An entryway that is recessed a minimum of three feet; or
f. A covered entryway with a minimum depth of four feet; or
g. A porch that is:
i. At least 25 square feet in area; and
ii. Has at least one entrance facing the street or has a roof.
4. Windows. A minimum of 15 percent of the area of all street-facing facades on each individual unit must include windows or entrance doors. Half of the window area in the door of an attached garage may count toward meeting this standard. (See Appendix A, Figure 30.)
5. Driveway Access and Parking. Townhouses with street frontage must meet the following standards:
a. Garages on the front facade of a townhouse, off-street parking areas in the front yard, and driveways in front of a townhouse are allowed if they meet the following standards (see Figure 32):
i. Each townhouse lot has a street frontage of at least 15 feet on a local street.
ii. A maximum of one driveway approach is allowed for every townhouse. Individual driveways may be between 10 and 12 feet in width. Driveway approaches and/or driveways may be shared.
iii. For two abutting lots in the same townhouse project, driveways are encouraged to be paired and abut along the lot line to create one shared driveway approach, which may be between 20 to 24 feet in width.
iv. Outdoor on-site parking and maneuvering areas do not exceed 12 feet wide on any lot.
v. The garage width does not exceed 12 feet, as measured from the inside of the garage door frame.
b. The following standards apply to driveways and parking areas for townhouse projects that do not meet all of the standards in subsection (B)(5)(a) of this section. The following driveway and parking area configurations may also be voluntarily utilized for townhouse projects that could otherwise meet the standards in subsection (B)(5)(a) of this section:
i. Off-street parking areas shall be accessed on the back facade or located in the rear yard. No off-street parking shall be allowed in the front yard or side yard of a townhouse.
ii. A townhouse project that includes a corner lot shall take access from a single driveway approach on the side of the corner lot. (See Appendix A, Figure 33.)
iii. Townhouse projects that do not include a corner lot shall consolidate access for all lots into a single driveway. The driveway and approach are not allowed in the area directly between the front facade and front lot line of any of the townhouses. (See Appendix A, Figure 34.)
iv. A townhouse project that includes consolidated access or shared driveways shall grant access easements to allow normal vehicular access and emergency access.
c. Townhouse projects in which all units take exclusive access from a rear alley are exempt from compliance with subsection (B)(5)(b) of this section.
d. As an alternative to the provisions of subsections (B)(5)(a) through (c) of this section, a townhouse development may utilize a shared parking area meeting the requirements of NMC 15.440.060.
C. Where permitted, cottage cluster projects are subject to the following provisions:
1. Unit Size. The dwelling unit footprint of an individual cottage dwelling shall not exceed 900 square feet. Up to 200 square feet may be excluded from the calculation of dwelling unit footprint for an attached garage or carport. Detached garages, carports, or accessory structures shall not be included in the calculation of dwelling unit footprint.
2. Number of Units. A minimum of four cottage dwellings is required per cottage cluster. A maximum of eight cottage dwellings is permitted per cluster in the R-1 zone and a maximum of 12 cottage dwellings per cluster is permitted in the R-2, R-3, R-P and AR zones. More than one cottage cluster may be permitted as part of a cottage cluster project.
3. Density. Cottage cluster projects shall meet a minimum density of four units per acre. No maximum density shall apply to cottage cluster projects.
4. Cottage Orientation. Cottages must be clustered around a common courtyard, meaning they abut the associated common courtyard or are directly connected to it by a pedestrian path, and must meet the following standards (see Appendix A, Figure 35):
a. Each cottage within a cluster must either abut the common courtyard or must be directly connected to it by a pedestrian path.
b. A minimum of 50 percent of cottages within a cluster must be oriented to the common courtyard and must:
i. Have a main entrance facing the common courtyard; and
ii. Be within 10 feet from the common courtyard, measured from the facade of the cottage to the nearest edge of the common courtyard; and
iii. Be connected to the common courtyard by a pedestrian path.
c. Cottages within 20 feet of a street property line may have their entrances facing the street.
d. Cottages not facing the common courtyard or the street must have their main entrances facing a pedestrian path that is directly connected to the common courtyard.
5. Common Courtyard Design Standards. Each cottage cluster must share a common courtyard in order to provide a sense of openness and community of residents. Common courtyards must meet the following standards (see Appendix A, Figure 35):
a. The common courtyard must be a single, contiguous piece.
b. Cottages must abut the common courtyard on at least two sides of the courtyard.
c. The common courtyard must contain a minimum of 150 square feet per cottage within the associated cluster.
d. The common courtyard must be a minimum of 15 feet wide at its narrowest dimension.
e. The common courtyard shall be developed with a mix of landscaping, lawn area, pedestrian paths, and/or paved courtyard area, and may also include recreational amenities. Impervious elements of the common courtyard shall not exceed 75 percent of the total common courtyard area.
f. Pedestrian paths must be included in a common courtyard. Paths that are contiguous to a courtyard shall count toward the courtyard’s minimum dimension and area. Parking areas, required setbacks, and driveways do not qualify as part of a common courtyard.
6. Community Buildings. Cottage cluster projects may include community buildings for the shared use of residents that provide space for accessory uses such as community meeting rooms, guest housing, exercise rooms, day care, or community eating areas. Community buildings must meet the following standards:
a. A community building that meets the development code’s definition of a dwelling unit must meet the maximum 900 square foot footprint limitation that applies to cottages, unless a covenant is recorded against the property stating that the structure is not a legal dwelling unit and will not be used as a primary dwelling.
7. Pedestrian Access.
a. An accessible pedestrian path must be provided that connects the main entrance of each cottage to the following:
i. The common courtyard; and
ii. Shared parking areas; and
iii. Community buildings; and
iv. Sidewalks in public rights-of-way abutting the site or rights-of-way if there are no sidewalks.
b. The pedestrian path must be hard-surfaced and a minimum of four feet wide.
8. Parking Design (see Appendix A, Figure 36).
a. Clustered Parking. Off-street parking may be arranged in clusters, subject to the following standards:
i. Cottage cluster projects with fewer than 16 cottages are permitted parking clusters of not more than five contiguous spaces.
ii. Cottage cluster projects with 16 cottages or more are permitted parking clusters of not more than eight contiguous spaces.
iii. Parking clusters must be separated from other spaces by at least four feet of landscaping.
iv. Clustered parking areas may be covered.
b. Parking Location and Access.
i. Off-street parking spaces and vehicle maneuvering areas shall not be located:
(A) Within 20 feet from any street property line, except alley property lines; or
(B) Between a street property line and the front facade of cottages located closest to the street property line. This standard does not apply to alleys.
ii. Off-street parking spaces shall not be located within 10 feet of any other property line, except alley property lines. Driveways and drive aisles are permitted within 10 feet of other property lines.
c. Screening. Landscaping, fencing, or walls at least three feet tall shall separate clustered parking areas and parking structures from common courtyards and public streets.
d. As an alternative to the provisions of subsections (C)(8)(a) through (c) of this section, a cottage cluster development may utilize a shared parking area meeting the requirements of NMC 15.440.060.
e. Garages and Carports.
i. Garages and carports (whether shared or individual) must not abut common courtyards.
ii. Individual attached garages up to 200 square feet shall be exempted from the calculation of maximum building footprint for cottages.
iii. Individual detached garages must not exceed 400 square feet in floor area.
iv. Garage doors for attached and detached individual garages must not exceed 20 feet in width.
9. Accessory Structures. Accessory structures must not exceed 400 square feet in floor area.
10. Existing Structures. On a lot or parcel to be used for a cottage cluster project, an existing detached single-family dwelling on the same lot at the time of proposed development of the cottage cluster may remain within the cottage cluster project area under the following conditions:
a. The existing dwelling may be nonconforming with respect to the requirements of this subsection (C).
b. The existing dwelling may be expanded up to the maximum height of 25 feet or the maximum building footprint of 900 square feet; however, existing dwellings that exceed the maximum height and/or footprint may not be expanded.
c. The existing dwelling shall be excluded from the calculation of orientation toward the common courtyard, per subsection (C)(4)(b) of this section. [Ord. 2889 § 2 (Exh. B § 33), 12-6-21; Ord. 2499, 11-2-98; Ord. 2451, 12-2-96. Code 2001 § 151.540.]
15.415.060 Home occupation.
Home occupations shall be processed as a Type I procedure. Home occupation uses shall comply with the following standards:
A. Signs shall comply with the standards of NMC 15.435.010 et seq.
B. There is no display that will indicate from the exterior that the building is used in whole or in part for any purpose other than a dwelling.
C. The building retains the characteristics of a residence.
D. There is no outside storage of materials, parts, tools, supplies, or other items related to the use as a home occupation, other than nursery plants.
E. No more than one outside paid employee shall be permitted to work at the residence at any given time.
F. The use does not destroy the residential character of the neighborhood.
G. All work being performed at the site is done within the confines of a building and no noise, odor, dust, smoke or other evidence of the home occupation permeates beyond the confines of the property.
H. The home occupation is incidental to the use of the building and site for residential purposes.
I. The work does not involve the use of hazardous substances or materials which might create a fire hazard or danger to the environment or neighboring properties, including but not limited to gasoline, paint, oxygen/acetylene tanks, or other flammable or hazardous materials. [Ord. 2499, 11-2-98; Ord. 2451, 12-2-96. Code 2001 § 151.540.]
Penalty: See NMC 15.05.120.
15.415.070 Middle housing land divisions.
Applications for middle housing land divisions shall follow the building and site design standards set forth in this chapter. [Ord. 2912 § 1 (Exh. A § 15), 5-1-23.]