SEC. 209.4. RTO (RESIDENTIAL TRANSIT ORIENTED) DISTRICTS.

   These Districts are intended to recognize, protect, conserve, and enhance areas characterized by a mixture of houses and apartment buildings, covering a range of densities and building forms. RTO and RTO-M (Residential Transit Oriented, Mission) Districts are composed of multi-family moderate-density areas, primarily areas formerly designated RM and RH-3, and are well served within short walking distance, generally less than one-quarter mile, of transit and neighborhood commercial areas. Transit available on nearby streets is frequent and/or provides multiple lines serving different parts of the City or region. Limited small-scale neighborhood-oriented retail and services is common and permitted throughout the neighborhood on Corner Lots only to provide goods and services to residents within walking distance, but the districts are otherwise residential. Only retail compatible with housing, generally those permitted in NC-1 Districts, is permitted and auto-oriented uses are not permitted. Hours of operation are restricted and off-street parking is not permitted for these very locally-oriented uses.

   A fine-grain pattern of 25-foot to 35-foot building widths is prevalent, and structures typically range from two to five stories in height. While some one- and two-family structures are present, the character of the District is primarily of structures with three or more units of a range of sizes and types suitable for a variety of households. Buildings are moderately scaled and segmented, and units or groups of units have separate entrances directly from the street. The overall residential density is regulated by the permitted and required height, bulk, setbacks, and open space of each parcel, along with residential design guidelines. Because of the high availability of transit service and the proximity of retail and services within walking distance, many households do not own cars; it is common that not every Dwelling Unit has a parking space and overall off-street residential parking is limited. Open space is provided on site, in the form of rear yards, decks, balconies, roof-decks, and courtyards, and is augmented by nearby public parks, plazas, and enhanced streetscapes.

 

Table 209.4 ZONING CONTROL TABLE FOR RTO DISTRICTS

Zoning Category	§ References	RTO	RTO-M
BUILDING STANDARDS
Massing and Setbacks
Height and Bulk Limits	§§ 102, 105, 106, 250-252, 260, 261.1, 270, 271	Varies. See Height and Bulk Map and referenced sections.
Front Building Setback	§ 132	Required. Based on average of adjacent properties or if subject property has a Legislated Setback. When front setback is based on adjacent properties, in no case shall the required setback be greater than 15 feet.
Rear Yard	§§ 130, 134	30% of lot depth but in no case less than 15 feet.
Side Yard	§ 133	Not Required.
Residential Design Guidelines	§ 311	Subject to the Residential Design Guidelines. Other design guidelines that have been approved by the Planning Commission may also apply.
Street Frontage and Public Realm
Front Setback Landscaping and Permeability Requirements	§ 132	Required. At least 50% of Front Setback shall be permeable so as to increase storm water infiltration and 20% of Front Setback shall be unpaved and devoted to plant material.
Streetscape and Pedestrian Improvements (Street Trees)	§ 138.1	Required.
Street Frontage Requirements	§§ 144, 186, 231	Controls of § 144 apply to residential frontages. Additional controls apply to Limited Commercial Uses per §§ 186 and 231.
Street Frontage, Parking and Loading Access Restrictions	§ 155(r)	As specified in § 155(r) curb cuts are restricted on certain specified streets and on Transit Preferential, Neighborhood Commercial Streets or official City bicycle routes or bicycle lanes.
Miscellaneous
Large Project Review	§ 303(r)	New buildings or significant enlargement of existing buildings on lots of 10,000 sq. ft. or larger requires C. New public rights-of-way may be required for sites larger than 1/2 acre.
Planned Unit Development	§ 304	C	C
Awning	§§ 136, 136.1	P (1)	P (1)
Canopy or Marquee	§§ 136, 136.1	NP	NP
Signs	§ 606	As permitted by Section § 606.
RESIDENTIAL STANDARDS AND USES
Development Standards
Usable Open Space [Per Dwelling Unit]	§§ 135, 136	At least 100 square feet if private, and 133 square feet per Dwelling Unit if common.
Parking Requirements	§§ 150, 151.1	None required. Maximum permitted per § 151.1.
Residential Conversion, Demolition, or Merger	§ 317	C for Removal of one or more Residential Units or Unauthorized Units.
Dwelling Unit Division	§ 207.8	P	P
Required Dwelling Unit Mix	§ 207.6	No less than 40 percent of the total number of proposed dwelling units shall contain at least two bedrooms; or no less than 30 percent of the total number of proposed dwelling units shall contain at least three bedrooms.	No less than 40 percent of the total number of proposed dwelling units shall contain at least two bedrooms; or no less than 30 percent of the total number of proposed dwelling units shall contain at least three bedrooms.
Use Characteristics
Intermediate Length Occupancy	§§102, 202.10	P(10)	P(10)
Single Room Occupancy	§ 102	P	P
Student Housing	§ 102	P	P
Residential Uses
Residential Density, Dwelling Units (7)	§ 207	P up to one unit per 600 square feet of lot area (8). C above, per criteria of § 207(a).	No density limit. Density is regulated by the permitted height and bulk, and required setbacks, exposure, and open space of each parcel, along with Residential Design Guidelines.
Senior Housing	§§ 102, 202.2(f)	P up to twice the number of dwelling units otherwise permitted as a principal use in the district; C, density not limited by lot area, but by the applicable requirements and limitations elsewhere in this Code, including but not limited to height, bulk, setbacks, open space, exposure, unit mix, and relevant design guidelines.	No density limit. Density is regulated by the permitted height and bulk, and required setbacks, exposure, and open space of each parcel, along with Residential Design Guidelines.
Residential Density, Group Housing	§ 208	No density limit. Density is regulated by the permitted height and bulk, and required setbacks, exposure, and open space of each parcel, along with Residential Design Guidelines.
Homeless Shelter	§§ 102, 208	P	P
NON-RESIDENTIAL STANDARDS AND USES
Development Standards
Floor Area Ratio	§§ 102, 123, 124	1.8 to 1	1.8 to 1
Off-Street Parking	§§ 150, 151.1	None required. Maximum permitted per § 151.1.
Limited Corner Commercial Uses	§ 231	P on a Corner Lot, with no part of the use extending more than 50 feet in depth from said corner	P on a Corner Lot, with no part of the use extending more than 100 feet in depth from said corner
Limited Commercial Uses	§§ 186, 209	Continuing nonconforming uses are permitted, subject to the requirements of § 186.
Commercial Use Characteristics
Hours of Operation	§§ 102, 186, 231	For Limited Corner Commercial Uses under § 231 and limited commercial uses under § 186: P 6:00 a.m. to 10:00 p.m.; C 10:00 p.m. to 12:00 a.m.; NP 12:00 a.m. to 6:00 a.m.
Outdoor Activity Area	§§ 102, 145.2, 186, 202.2, 231	P if located in front of building; P if elsewhere and compliant with § 202.2(a)(7); NP otherwise.
Agricultural Use Category
Agricultural Uses*	§§ 102, 202.2(c)	C	C
Agriculture, Neighborhood	§§ 102, 202.2(c)	P	P
Automotive Use Category
Automotive Uses*	§ 102	NP	NP
Parking Garage, Private	§ 102	C	C
Parking Lot, Private	§§ 102, 144, 155(r), 158.1	C	C
Entertainment, Arts and Recreation Use Category
Entertainment, Arts and Recreation Uses*	§ 102	NP	NP
Open Recreation Area	§ 102	C	C
Passive Outdoor Recreation	§ 102	P	P
Industrial Use Category
Industrial Uses*	§ 102	NP	NP
Institutional Use Category
Institutional Uses*	§ 102	NP	NP
Child Care Facility	§ 102	P	P
Community Facility	§ 102	P	P
Hospital	§ 102	C	C
Post-Secondary Ed. Institution	§ 102	C	C
Public Facilities	§ 102	P	P
Religious Institution	§ 102	C	C
Residential Care Facility	§ 102	P	P
School	§ 102	C	C
Sales and Service Category
Retail Sales and Service Uses*	§ 102	NP	NP
Hotel	§ 102	C (4)	C (4)
Mobile Food Facility	§ 102	P (5)	P (5)
Mortuary	§ 102	C (6)	C (6)
Non-Retail Sales and Service*	§ 102	NP	NP
Utility and Infrastructure Use Category
Utility and Infrastructure*	§ 102	NP	NP
Internet Service Exchange	§ 102	C	C
Utility Installation	§ 102	C	C
Wireless Telecommunications Services Facility	§ 102	C or P (9)	C or P (9)

 

*   Not listed below.

(1)   P for Limited Commercial Uses and Limited Corner Commercial Uses per § 136.1, otherwise NP.

(2)   [Note Deleted]

(3)   [Note Deleted]

(4)   C for 5 or fewer guest rooms or suites of rooms; NP for 6 or more guest rooms.

(5)   Use must be located on a parcel that contains a Hospital or a Post-Secondary Educational Institution, additional operating restrictions apply.

(6)   Must be located on a landmark site, and where the site is within a Height and Bulk District of 40 feet or less, and where a columbarium use has lawfully and continuously operated since the time of designation.

(7)   Construction of Accessory Dwelling Units may be permitted pursuant to Sections 207.1 and 207.2.

(8)1   With Conditional Use authorization, for purposes of this calculation, a Dwelling Unit in this district containing no more than 500 square feet of net floor area and consisting of not more than one habitable room in addition to a kitchen and a bathroom may be counted as equal to three-quarters of a Dwelling Unit.

(9)2   C if a Macro WTS Facility; P if a Micro WTS Facility.

(10)   NP for buildings with three or fewer Dwelling Units; C for buildings with 10 or more Dwelling Units.

(Added as Sec. 206.4 by Ord. 72-08, File No. 071157, App. 4/3/2008; redesignated and amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; amended by Ord. 161-15, File No. 150804, App. 9/18/2015, Eff. 10/18/2015; Ord. 162-15 , File No. 150805, App. 9/18/2015, Eff. 10/18/2015; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 85-24, File No. 231221, App. 4/26/2024, Eff. 5/27/2024)

(Former Sec. 209.4 added by Ord. 443-78, App. 10/6/78; amended by Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

AMENDMENT HISTORY

Former Sec. 206.4 redesignated as Sec. 209.4; section header and first undesignated paragraph amended; Table 209.4 added; Ord. 22-15, Eff. 3/22/2015. Note (7) added; Ords. 161-15 and 162-15 , Eff. 10/18/2015. Table 209.4 amended; Note (8)1 added; Ord. 188-15 , Eff. 12/4/2015. Table 209.4 amended; Ord. 33-16 , Eff. 4/10/2016. Table 209.4 amended; Note (9)2 added; Ord. 166-16 , Eff. 9/10/2016. Table 209.4 amended; Note (2) deleted; Ord. 189-17 , Eff. 10/15/2017. Table 209.4 amended; Ord. 277-18 , Eff. 12/21/2018. Table 209.4 amended; Note (3) deleted; Ord. 303-18 , Eff. 1/21/2019. Note (7) amended; Ord. 116-19 , Eff. 7/29/2019. Table 209.4 amended; Note (10) added; Ord. 78-20 , Eff. 6/22/2020. Note (10) amended; Ord. 136-21 , Eff. 9/4/2021. Table 209.4 amended; Ord. 248-23 , Eff. 1/14/2024. First undesignated paragraph, Table 209.4, and Note (1) amended; Ord. 249-23 , Eff. 1/14/2024. Note (7) amended; Ord. 62-24 , Eff. 4/28/2024. Table 209.4 amended; Ord. 85-24 , Eff. 5/27/2024.

CODIFICATION NOTES

1.   Note "(8)" is referenced as "(7)" in Ord. 188-15. The note was redesignated by the codifier because a note designated as "(7)" previously had been added to this section by Ords. 161-15 and 162-15.

2.   Note "(9)" is referenced as "(8)" in Ord. 166-16. The note was redesignated by the codifier because a note designated as "(8)" previously had been added to this section by Ord. 188-15.