(A) Purpose. To encourage, accommodate, maintain and protect a suitable environment for family living at urban standards in areas with community services.
(B) Uses permitted outright. The following uses are permitted in the R-5.0 District:
(1) Any use permitted outright in a Single-Family Residential, R-7.5 Zone, subject to the standards in this section;
(2) Attached single-family dwellings with 2,500 square feet minimum lot area, provided that not more than four dwellings are attached consecutively;
(3) Duplex with 5,000 square feet minimum lot area;
(4) Christmas tree sales lot subject to the requirements of § 152.051;
(5) Triplexes with 7,500 square feet minimum lot area;
(6) Fourplexes with 10,000 square feet minimum lot area; and
(7) Residential care facilities, subject to the licensing requirements under O.R.S. 197.660 through 197.670.
(C) Conditional uses. The following may be permitted subject to a conditional use permit as per § 152.071:
(1) Any conditional use permitted in a Single-Family, R-7.5 Zone, except as otherwise provided under division (B) above; and
(2) Housing for the elderly or handicapped subject to the requirements of § 152.051.
(D) Height requirements. No building or structure shall be hereafter be erected, enlarged or structurally altered to exceed a height of 35 feet. For exceptions, see § 152.050.
(E) Lot - requirements. The following lot requirements shall be observed.
(1) Lot area. Each lot shall have a minimum area of 5,000 square feet unless otherwise allowed or required under divisions (B)(2), (B)(4), (B)(5) or (B)(6) above. The Planning Commission may approve smaller or larger lots as provided by division (E)(2) below.
(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, including public park land dedications and similar public use areas, shall be no less than 5,000 square feet. The average lot area does not include stormwater facilities and similar utilities. (Note: This provision provides an incentive for building on smaller lots when developments include open space.)
(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 open space tracts and oversized lots, when such re-division would violate the average lot size provision in division (E)(2)(a) above.
(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 ten 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 setback of five feet, except for attached dwellings with common walls as provided in division (E)(8) below. 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.
(6) Rear yard. There shall be a minimum rear yard setback of five feet, except for attached dwellings with common walls as provided in division (E)(8) below. The portions of buildings or structures, which 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.
(7) Lot size. A legally created lot having an area of less than 5,000 square feet of record at the time of passage of this development code may be occupied by one detached or attached single-family dwelling and its accessory uses provided yard requirements of this section are observed.
(8) Setback. 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.
(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.
(9) Site and building design.
(a) 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.
3. Vehicle/pathway separation for buildings larger than a duplex. Where pathways are parallel and adjacent to a driveway or street (public or private), they shall be raised six inches and curbed, or separated from the driveway/street by a five-foot minimum strip with bollards, a landscape berm or other physical barrier. If a raised path is used, the ends of the raised portions must be equipped with curb ramps.
4. Parking lots, for buildings larger than a duplex, are located at the side or rear of (or under) buildings for reduced interrupted pedestrian circulation and safety and site appearance.
5. Garages accessed by the alley may be provided for attached housing, duplexes, triplexes and fourplexes to reduce the dominance of the garage and automobile presence on the property, and improve attractive and pedestrian-friendly streetscapes.
(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 this section.
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) 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 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.
(a) Triplexes with 7,500 square feet minimum lot area;
(b) Fourplexes with 10,000 square feet minimum lot area; and
(c) 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 § 152.070.
(Ord. 1285, passed 3-3-2014; Ord. 1335, passed 7-2-2018) Penalty, see § 152.999