(A) Purpose. To encourage, accommodate, maintain and protect a suitable environment for family living. The R-7.5 District is intended to provide for single-family residential homes at urban standards in areas with community services.
(B) Uses permitted outright. The following uses are permitted in the R-7.5 District:
(1) Detached single-family dwellings, including manufactured homes subject to the applicable requirements of § 152.072;
(2) Duplex on corner lots with 7,500 square feet minimum lot area;
(3) Accessory uses are permitted as follows:
(a) Rooming and boarding of not more than two persons;
(b) Guest houses, not rented or otherwise conducted as a business;
(c) Other accessory uses and accessory buildings and structures customarily appurtenant to a permitted use;
(d) Signs according to § 152.055; and
(e) Home occupations subject to the requirements of § 152.051.
(4) Attached single-family dwellings with 3,750 square feet of minimum lot area per dwelling; provided one dwelling is on a corner lot, and not more than two dwellings are attached consecutively.
(5) Accessory dwelling units, subject to all of the following standards:
(a) Compliance with the State Structural Specialty Code;
(b) The accessory dwelling unit does not exceed 800 square feet of living area;
(c) Not more than one accessory dwelling unit per detached single-family dwelling;
(d) Utility connections and metering comply with applicable city standards and those of utility providers;
(e) Accessory dwellings units shall meet all other siting and design standards (e.g., height, setbacks, lot coverage, etc.) for buildings in the zoning district, except that:
1. Conversion of an existing legal non-conforming structure to an accessory dwelling unit is allowed, provided that the conversion does not increase the non-conformity; and
2. No off-street parking is required for an accessory dwelling unit.
.
(6) Residential care home (as required by O.R.S. 197.665); and
(7) Residential care homes and facilities, subject to the licensing requirements under O.R.S. 197.660 through 197.670.
(C) Uses permitted through the conditional use permit process. The following conditional uses may be permitted subject to a conditional use permit as per the provisions of § 152.071:
(1) Any PUBLIC FACILITY, as defined in this chapter, subject to the requirements of § 152.051 (§ 152.051(F), cemetery, crematory, mausoleum, columbarium; § 152.051(G), churches, hospitals or other religious or charitable institutions; § 152.051(I), community buildings, social halls, lodges, fraternal organizations and clubs; § 152.051(T), nursery school, kindergarten and child care centers) of this Development Code;
(2) Planned unit developments subject to the provisions of § 152.072(F);
(4) Duplexes on an interior lot with a minimum 7,500 square feet, except as permitted by division (B)(3) above; and
(5) Bed and breakfast establishments consistent with §
152.051
.
(D) Height requirements. No building or structure (including signage) shall be hereafter erected, enlarged or structurally altered to exceed a height of 35 feet. For exceptions, see § 152.050(C).
(E) Interpretations and exceptions. The following lot requirements and design standards shall be observed and apply to all new development.
(1) Lot area. Each lot shall have a minimum area of 7,500 square feet, except as per division (B)(4) above. A lot for a duplex shall have a minimum area of 7,500 square feet. The Planning Commission may approve smaller or larger lots as provided by division (E)(2) below. The maximum lot area standard shall not apply to lots of record, as defined by § 152.004, or to lots approved with a shadow plan (future land division plan) according to § 152.004.
(2) Lot area exception. An exception to the minimum lot area standard in division (E)(1) above may be approved as part of a subdivision or partition application when all of the following standards are met:
(a) The average area of all lots and open space tracts created through the subject land division, excluding required public park land dedications, surface water management facilities and similar public use areas, shall be no less than 7,500 square feet; and
(b) As a condition of granting the exception, the city will require the owner to record a deed restriction with the final plat that prevents the re-division of over-sized lots (e.g., lots with 7,500 square feet of area and larger), when such re-division would violate the average lot size provision in division (E)(2)(a) above. All lots approved for use by more than one dwelling shall be so designated on the final plat.
(4) Front yard. The front yard setback shall be a minimum of 20 feet. Corner lot front yard setbacks may have one side less than 20 feet, but must have a minimum of 15 feet. The front yard setback may be reduced to ten feet for a covered porch or enclosed patio.
(5) Side yard. There shall be a minimum side yard of six feet. The portions of buildings or structures that are above the 15-foot height, measured from ground level must be inset an additional one-half foot for each foot of height exceeding 15 feet.
(6) Rear yard. There shall be a rear yard having a depth of not less than six feet. The portions of buildings or structures, which are above the 15-foot height, must be inset an additional one-half foot for each foot of height exceeding 15 feet.
(7) Required setbacks. The required setbacks on one or more of the side or rear yards may be eliminated where construction of two or more principal uses to be located on adjoining lots is designed to utilize common wall construction. Any such development shall submit a site plan for approval pursuant to § 152.070 and shall be subject to the following standards.
(a) The common wall shall be a firewall and shall be a kind of construction that will ensure fire protection as per the Uniform Building Code as adopted by the state.
(b) Common-wall, single-family structures shall be required to provide a sound transmission class rating of not less than 50 as per the Uniform Building Code, as adopted by the state. The building technique used to achieve the barrier rating shall be the responsibility of the general contractor and will be accepted upon inspection if it meets the code requirements and is supported by proof of meeting sound emission controls as specified.
(8) Site and building design.
(a) Generally. Site and building design shall meet the requirements listed in § 152.053 and the following.
1. Address numbers on buildings are oriented towards the street for clear identification of the building.
2. Buildings and their entrances shall be oriented towards the street for pedestrian circulation, safety and crime prevention except if conditions such as lot size, shape, topography or other circumstances over which the applicant has no control apply to the property.
(b) Building sites.
1. Size and shape. The size, shape, width and orientation of building sites shall be appropriate for the type of development and use contemplated, and shall be consistent with the residential lot size provisions of the zoning ordinance.
2. Through lots and parcels. Through lots and parcels shall be avoided except where they are essential to provide separation of residential development from major arterial or adjacent non-residential activities or to overcome specific disadvantages of topography and orientation.
3. Large building sites. In dividing tracts into large lots or parcels which at some future time are likely to be redivided, the Planning Commission may require that the blocks be of such size and shape, be so divided into building sites and contain such site restrictions as will provide for extension and opening of streets at intervals which will permit a subsequent division of any tract into lots or parcels of smaller size.
(G) Allowed dwellings. No more than two dwelling units shall be allowed on a piece of property in this zone.
(H) Other required conditions.
(1) Nothing herein contained shall be deemed to prohibit the use of vacant property or prohibit the secondary/accessory use of the subject property for urban farming gardening or fruit raising for subsistence or commercial purposes.
(2) § 152.051 shall apply where applicable.
(3) All conditional use permits are required to be taken through the site plan review process as listed in § 152.070.
(4) New development or substantial remodel of the following is subject to the site development standards and requirements as listed in § 152.052, the design and landscaping standards as listed in § 152.053 and the site plan review process as listed in § 152.070. Residential care facilities, subject to the licensing requirements under O.R.S. 197.660 through 197.670.
(5) All alterations of non-conforming uses or structures are required to be taken through the review process as described in § 152.073.
(Ord. 1285, passed 3-3-2014; Ord. 1335, passed 7-2-2018; Ord. 050123, passed 5-15-2023) Penalty, see §
152.999