Milwaukie City Zoning Code
Complete index of all zoning chapters, sections, and subsections
CHAPTER 19
100 INTRODUCTORY PROVISIONS
Sections
- § 19.101 Title
- § 19.102 Purpose
- § 19.103 Applicability
- § 19.104 Interpretation
- § 19.105 Severability
- § 19.106 Compliance
- § 19.106.1 Land Use Approvals.
- § 19.106.2 Permit Approvals.
- § 19.106.3 Violations.
- § 19.107 Zoning
- § 19.107.1 Zone Classifications.
- § 19.107.2 Zoning Map.
- § 19.107.3 Zoning Map Amendments.
- § 19.107.4 Zone Boundary Determinations.
- § 19.107.5 Zoning of Lots with Multiple Zones.
- § 19.107.6 Zoning of Annexed Areas.
- § 19.107.7 Zoning of Public Right-of-Way.
- § 19.108 Special Areas
- § 19.108.1 Special Area Classifications.
- § 19.108.2 Special Area Maps.
- § 19.108.3 Classification of Annexed Areas.
- § 19.108.4 Classification of Public Rights-of-Way.
CHAPTER 19
300 BASE ZONES
Sections
- § 19.301 Moderate Density Residential Zones
- § 19.301.1 Purpose.
- § 19.301.2 Allowed Uses in Moderate Density Residential Zones.
- § 19.301.3 Use Limitations and Restrictions.
- § 19.301.4 Development Standards.
- § 19.301.5 Additional Development Standards.
- § 19.302 High Density Residential Zones
- § 19.302.1 Purpose.
- § 19.302.2 Allowed Uses in the High Density Residential Zone.
- § 19.302.3 Use Limitations and Restrictions.
- § 19.302.4 Development Standards.
- § 19.302.5 Additional Development Standards.
- § 19.303 Commercial Mixed-Use Zones
- § 19.303.1 Purpose.
- § 19.303.2 Uses.
- § 19.303.3 Development Standards.
- § 19.303.4 Detailed Development Standards.
- § 19.303.5 Standards for Residential Street Edges.
- § 19.303.6 Additional Provisions.
- § 19.304 Downtown Zones
- § 19.304.1 Purpose.
- § 19.304.2 Uses.
- § 19.304.3 Use Limitations, Restrictions, and Provisions.
- § 19.304.4 Development Standards.
- § 19.304.5 Detailed Development Standards.
- § 19.304.6 Public Area Requirements.
- § 19.304.7 Additional Standards.
- § 19.304.8 Variances.
- § 19.305 (Reserved)
- § 19.306 (Reserved)
- § 19.307 General Commercial Zone C-G
- § 19.307.1 Uses Permitted Outright.
- § 19.307.2 Conditional Uses Permitted.
- § 19.307.3 Standards.
- § 19.307.4 Prohibited Uses.
- § 19.308 Community Shopping Commercial Zone C-CS
- § 19.308.1 Uses.
- § 19.308.2 Scale.
- § 19.308.3 Application Review; Minimum Requirements.
- § 19.308.4 Criteria for Approval.
- § 19.308.5 Development Standards.
- § 19.309 Manufacturing Zone M
- § 19.309.1 Purpose.
- § 19.309.2 Permitted Uses.
- § 19.309.3 Preexisting Uses and Developments.
- § 19.309.4 Specific Prohibited Uses.
- § 19.309.5 Standards for Conditional Uses.
- § 19.309.6 Development Standards for All Uses.
- § 19.309.7 Special Development Standards.
- § 19.310 Business Industrial Zone BI
- § 19.310.1 Purpose.
- § 19.310.2 Uses Permitted Outright.
- § 19.310.3 Accessory Uses.
- § 19.310.4 Limited Uses.
- § 19.310.5 Conditional Uses.
- § 19.310.6 Standards.
- § 19.310.7 Validity of Uses.
- § 19.311 Planned Development Zone PD
- § 19.311.1 Purpose.
- § 19.311.2 Use.
- § 19.311.3 Development Standards.
- § 19.311.4 Subject to Design Review.
- § 19.311.5 Preliminary Development Plan and Program.
- § 19.311.6 Planning Commission Review of Preliminary Development Plan and Program.
- § 19.311.7 Final Development Plan and Program.
- § 19.311.8 Land Division.
- § 19.311.9 Approval Criteria.
- § 19.311.10 Planning Commission Action on Final Development Plan and Program.
- § 19.311.11 City Council Action on Final Development Plan and Program.
- § 19.311.12 Filing of Approved Final Plan and Program.
- § 19.311.13 Recording of Notice of Final Development Plan.
- § 19.311.14 Development Improvement Prohibited Pending Compliance.
- § 19.311.15 Variations from Final Development Plan and Program.
- § 19.311.16 Expiration of Planned Development Zone.
- § 19.311.17 Phased Development.
- § 19.312 North Milwaukie Innovation Area
- § 19.312.1 Purpose.
- § 19.312.2 Uses.
- § 19.312.3 Specific Prohibited Uses.
- § 19.312.4 Standards for Limited Uses.
- § 19.312.5 Development Standards.
- § 19.312.6 Detailed Development Standards.
- § 19.312.7 Design Standards for All Uses in the MUTSA and on NME Key Streets.
CHAPTER 19
400 OVERLAY ZONES AND SPECIAL AREAS
Sections
- § 19.401 Willamette Greenway Zone WG
- § 19.401.1 Purpose.
- § 19.401.2 Area Defined.
- § 19.401.3 Limitations on Use.
- § 19.401.4 Definitions.
- § 19.401.5 Procedures.
- § 19.401.6 Criteria.
- § 19.401.7 Setbacks.
- § 19.401.8 Vegetation Buffer Requirements.
- § 19.401.9 Private Noncommercial Docks.
- § 19.401.10 Greenway Design Plan.
- § 19.402 Natural Resources NR
- § 19.402.1 Intent.
- § 19.402.2 Coordination with Other Regulations.
- § 19.402.3 Applicability.
- § 19.402.4 Exempt Activities.
- § 19.402.5 Prohibited Activities.
- § 19.402.6 Activities Requiring Type I Review.
- § 19.402.7 Activities Requiring Type II Review.
- § 19.402.8 Activities Requiring Type III Review.
- § 19.402.9 Construction Management Plans.
- § 19.402.10 Natural Resource Management Plans.
- § 19.402.11 Development Standards.
- § 19.402.12 General Discretionary Review.
- § 19.402.13 Land Division and Property Line Adjustments.
- § 19.402.14 Adjustments and Variances.
- § 19.402.15 Boundary Verification and Map Administration.
- § 19.403 Historic Preservation Overlay Zone HP
- § 19.403.1 Purpose.
- § 19.403.2 Applicability.
- § 19.403.3 Definitions.
- § 19.403.4 Process for Designation or Deletion of a Landmark.
- § 19.403.5 Alteration and Development.
- § 19.403.6 Maintenance and Repair.
- § 19.403.7 Demolition.
- § 19.403.8 Uses Permitted.
- § 19.404 Flex Space Overlay Zone FS
- § 19.404.1 Purpose.
- § 19.404.2 Applicability.
- § 19.404.3 Consistency with Base Zone.
- § 19.404.4 Permitted Uses.
- § 19.404.5 Review Process.
- § 19.404.6 Development Standards.
- § 19.404.7 Design Standards.
- § 19.404.8 Additional Provisions for Off-Site Impacts.
- § 19.405 Aircraft Landing Facility Zone L-F
- § 19.405.1 Purpose.
- § 19.405.2 Limitations on Use.
- § 19.405.3 Procedures.
CHAPTER 19
500 SUPPLEMENTARY DEVELOPMENT REGULATIONS
Sections
- § 19.501 General Exceptions
- § 19.501.1 Lot Size Exceptions.
- § 19.501.2 Yard Exceptions.
- § 19.501.3 Building Height and Side Yard Height Plane Exceptions.
- § 19.501.4 Density Exceptions.
- § 19.502 Accessory Structures
- § 19.502.1 General Provisions.
- § 19.502.2 Specific Provisions for Accessory Structures.
- § 19.502.3 Sustainability-Related Accessory Structures.
- § 19.503 Accessory Uses
- § 19.503.1 General Provisions.
- § 19.504 Site Design Standards
- § 19.504.1 Clear Vision Areas.
- § 19.504.2 Maintenance of Minimum Ordinance Requirements.
- § 19.504.3 Dual Use of Required Open Space.
- § 19.504.4 Transition Area Measures.
- § 19.504.5 Minimum Vegetation.
- § 19.504.6 Flag Lot and Back Lot Design and Development Standards.
- § 19.504.7 On-Site Walkways and Circulation.
- § 19.504.8 Setbacks Adjacent to Transit.
- § 19.504.9 Preliminary Circulation Plan.
- § 19.505 Building Design Standards
- § 19.505.1 One-to Four-Unit Residential Development.
- § 19.505.2 Garages and Carports.
- § 19.505.3 Multi-Unit Housing.
- § 19.505.4 Cottage Cluster Housing.
- § 19.505.5 Townhouses.
- § 19.505.6 Live/Work Units.
- § 19.505.7 Nonresidential Development.
- § 19.505.8 Building Orientation to Transit.
- § 19.506 Manufactured Dwelling Siting and Design Standards
- § 19.506.1 Purpose.
- § 19.506.2 Applicability.
- § 19.506.3 Definition.
- § 19.506.4 Siting Standards.
- § 19.506.5 Implementation of Siting Standards.
- § 19.506.6 Occupancy.
- § 19.507 Home Occupation Standards
- § 19.507.1 Home Occupation Use Standards.
- § 19.507.2 Prohibitions and Use Restrictions.
- § 19.507.3 Permitted Signage.
- § 19.507.4 Enforcement.
- § 19.507.5 Special Provisions for Specific Uses.
- § 19.508 Downtown Site and Building Design Standards and Guidelines
- § 19.508.1 Purpose.
- § 19.508.2 Applicability.
- § 19.508.3 Review Process.
- § 19.508.4 Downtown Design Elements.
- § 19.508.5 Variances.
- § 19.509 Marijuana and Psilocybin Business Standards
- § 19.509.1 Standards for Marijuana Retailers.
- § 19.509.2 Security and Odor Control for Certain Marijuana Businesses.
- § 19.509.3 Marijuana Production Limitations.
- § 19.509.4 Psilocybin Cultivation Limitations.
- § 19.510 Green Building Standards
- § 19.511 Affordable Housing Incentives.
CHAPTER 19
600 OFF-STREET PARKING AND LOADING
Sections
- § 19.601 Purpose
- § 19.602 Applicability
- § 19.602.1 General Applicability.
- § 19.602.2 Maintenance Applicability.
- § 19.602.3 Applicability for Development and Change in Use Activity.
- § 19.602.4 Applicability not Associated With Development or Change in Use.
- § 19.602.5 Improvements to Existing Off-Street Parking and Loading Areas.
- § 19.603 Review Process and Submittal Requirements
- § 19.603.1 Review Process.
- § 19.603.2 Submittal Requirements.
- § 19.604 General Parking Standards
- § 19.604.1 Parking Provided with Development Activity.
- § 19.604.2 Parking Area Location.
- § 19.604.3 Converting Off-Street Parking Areas.
- § 19.605 Vehicle Parking Quantity Requirements
- § 19.605.1 Parking Maximums.
- § 19.605.2 Maximum Quantity Modifications and Parking Determinations.
- § 19.605.3 Exemptions to Quantity Allowances.
- § 19.605.4 Electric Vehicle (EV) Charging Requirements.
- § 19.606 Parking Area Design and Landscaping
- § 19.606.1 Parking Space and Aisle Dimensions.
- § 19.606.2 Landscaping.
- § 19.606.3 Additional Design Standards.
- § 19.606.4 Surface Parking Areas Over 1/4-Acre.
- § 19.607 Off-Street Parking Standards for Residential Areas
- § 19.607.1 Residential Driveways and Vehicle Parking Areas.
- § 19.607.2 Commercial Vehicle, Pleasure Craft, and Recreational Vehicle Parking.
- § 19.608 Loading
- § 19.608.1 General Provisions.
- § 19.608.2 Number of Loading Spaces.
- § 19.608.3 Loading Space Standards.
- § 19.608.4 Prohibitions.
- § 19.609 Bicycle Parking
- § 19.609.1 Applicability.
- § 19.609.2 Quantity of Spaces.
- § 19.609.3 Bicycle Parking Quantity Modification and Required Parking Determinations.
- § 19.609.4 Bicycle Parking Development Standards.
- § 19.610 Carpool and Vanpool Parking
- § 19.610.1 Applicability.
- § 19.610.2 Number of Spaces.
- § 19.610.3 Location.
- § 19.610.4 Standards.
- § 19.611 Parking Structures
- § 19.611.1 Permitted Zones and Review Procedures.
- § 19.611.2 Compliance with Other Sections of Chapter 19.600.
- § 19.611.3 Standards and Design Criteria for Structured Parking.
- § 19.611.4 Incentives for Provision of Structured Parking.
CHAPTER 19
700 PUBLIC FACILITY IMPROVEMENTS
Sections
- § 19.701 Purpose
- § 19.701.1 For Transportation Facilities.
- § 19.701.2 For Public Facilities.
- § 19.702 Applicability
- § 19.702.1 General.
- § 19.702.2 Single Detached and Duplex Residential Expansions.
- § 19.702.3 Downtown Zones.
- § 19.702.4 Exemptions.
- § 19.703 Review Process
- § 19.703.1 Preapplication Conference.
- § 19.703.2 Application Submittal.
- § 19.703.3 Approval Criteria.
- § 19.703.4 Determinations.
- § 19.703.5 Remedies.
- § 19.704 Transportation Impact Evaluation
- § 19.704.1 TIS Determination.
- § 19.704.2 TIS General Provisions.
- § 19.704.3 TIS Requirements.
- § 19.704.4 Mitigation.
- § 19.705 Rough Proportionality
- § 19.705.1 Impact Mitigation.
- § 19.705.2 Rough Proportionality Guidelines.
- § 19.707 Agency Notification and Coordinated Review
- § 19.707.1 Agency Notification.
- § 19.707.2 Coordinated Review.
- § 19.708 Transportation Facility Requirements
- § 19.708.1 General Street Requirements and Standards.
- § 19.708.2 Street Design Standards.
- § 19.708.3 Sidewalk Requirements and Standards.
- § 19.708.4 Bicycle Facility Requirements and Standards.
- § 19.708.5 Pedestrian/Bicycle Path Requirements and Standards.
- § 19.708.6 Transit Requirements and Standards.
- § 19.709 Public Utility Requirements
- § 19.709.1 Review Process.
- § 19.709.2 Public Utility Improvements.
- § 19.709.3 Design Standards.
- § 19.709.4 Oversizing.
- § 19.709.5 Monitoring.
CHAPTER 19
800 NONCONFORMING USES AND DEVELOPMENT
Sections
- § 19.801 Purpose
- § 19.802 General Provisions
- § 19.802.1 Nonconforming Uses and Development.
- § 19.802.2 Provisions.
- § 19.803 Continuation of Nonconforming Uses and Development
- § 19.803.1 Provisions.
- § 19.803.2 Loss of Nonconforming Use Status.
- § 19.804 Alteration of Nonconforming Uses and Development
- § 19.804.1 Nonconforming Uses.
- § 19.804.2 Nonconforming Development.
- § 19.805 Rebuilding of Nonconforming Uses and Development
- § 19.805.1 Provisions.
- § 19.805.2 Loss of Nonconforming Status.
- § 19.806 Amortization of Nonconforming Uses
- § 19.806.1 Purpose.
- § 19.806.2 Applicability.
- § 19.806.3 Identification of Nonconforming Uses.
- § 19.806.4 Review Process.
- § 19.806.5 Evaluation Criteria.
CHAPTER 19
900 LAND USE APPLICATIONS
Sections
- § 19.901 Introduction
- § 19.902 Amendments to Maps and Ordinances
- § 19.902.1 Purpose.
- § 19.902.2 Applicability.
- § 19.902.3 Comprehensive Plan Text Amendments.
- § 19.902.4 Comprehensive Plan Map Amendments.
- § 19.902.5 Zoning Text Amendments.
- § 19.902.6 Zoning Map Amendments.
- § 19.903 Code Interpretations and Director Determinations
- § 19.903.1 Purpose.
- § 19.903.2 Applicability.
- § 19.903.3 Review Process.
- § 19.903.4 Approval Criteria.
- § 19.903.5 Other Provisions for Code Interpretations and Director Determinations.
- § 19.904 Community Service Uses
- § 19.904.1 Purpose.
- § 19.904.2 Applicability.
- § 19.904.3 Review Process.
- § 19.904.4 Approval Criteria.
- § 19.904.5 Procedures for Reviewing a Community Service Use.
- § 19.904.6 Application Requirements.
- § 19.904.7 Specific Standards for Schools.
- § 19.904.8 Specific Standards for Institutions-Public, Private, Religious, and Other Facilities not Covered by Other Standards.
- § 19.904.9 Specific Standards for Solid Waste Facilities.
- § 19.904.10 Standards for Wireless Communication Facilities.
- § 19.905 Conditional Uses
- § 19.905.1 Purpose.
- § 19.905.2 Applicability.
- § 19.905.3 Review Process.
- § 19.905.4 Approval Criteria.
- § 19.905.5 Conditions of Approval.
- § 19.905.6 Conditional Use Permit.
- § 19.905.7 Review of Existing Conditional Use Permits.
- § 19.905.8 De Facto Conditional Use Status and Loss of Conditional Use Status.
- § 19.905.9 Standards Governing Conditional Uses.
- § 19.906 Development Review
- § 19.906.1 Purpose.
- § 19.906.2 Applicability.
- § 19.906.3 Review Process.
- § 19.906.4 Approval Criteria.
- § 19.907 Downtown Design Review
- § 19.907.1 Purpose.
- § 19.907.2 Applicability.
- § 19.907.3 Review Process.
- § 19.907.4 Application.
- § 19.907.5 Approval Criteria.
- § 19.907.7 Variances.
- § 19.907.8 Public Notice for New Buildings Approved with Type I Review.
- § 19.908 Extensions to Expiring Approvals
- § 19.908.1 Purpose.
- § 19.908.2 Applicability.
- § 19.908.3 Review Process.
- § 19.908.4 Approval Criteria.
- § 19.909 Modifications to Existing Approvals
- § 19.909.1 Purpose Statement.
- § 19.909.2 Applicability.
- § 19.909.3 Review Process.
- § 19.909.4 Approval Criteria.
- § 19.909.5 Conditions of Approval.
- § 19.910 Residential Dwellings
- § 19.910.1 Accessory Dwelling Units.
- § 19.910.3 Manufactured Dwelling Parks.
- § 19.910.4 Temporary Dwelling Units.
- § 19.911 Variances
- § 19.911.1 Purpose.
- § 19.911.2 Applicability.
- § 19.911.3 Review Process.
- § 19.911.4 Approval Criteria.
- § 19.911.5 Use Exceptions.
- § 19.911.6 Building Height Variance in the Downtown Mixed Use Zone.
- § 19.911.7 Building Height Variance in the General Mixed Use Zone.
- § 19.911.8 Tree Preservation and Tree Canopy Standards Variance.
CHAPTER 19
1000 REVIEW PROCEDURES
Sections
- § 19.1001 General Provisions
- § 19.1001.1 Purpose.
- § 19.1001.2 Applicability.
- § 19.1001.3 Consistency with Statute.
- § 19.1001.4 Review Types.
- § 19.1001.5 Review and Appeal Authorities.
- § 19.1001.6 Applications.
- § 19.1001.7 Decisions.
- § 19.1002 Preapplication Conference
- § 19.1002.1 Purpose.
- § 19.1002.2 Applicability.
- § 19.1002.3 Preapplication Conference Procedures.
- § 19.1002.4 Preapplication Conference Expiration.
- § 19.1003 Application Submittal and Completeness Review
- § 19.1003.1 Application Forms and Checklists.
- § 19.1003.2 Application Submittal Requirements.
- § 19.1003.3 Application Completeness Review.
- § 19.1003.4 Resubmittal of Applications Following Denial.
- § 19.1003.5 Withdrawal of Applications Under Review.
- § 19.1003.6 Modifications to Applications Under Review.
- § 19.1004 Type I Review
- § 19.1004.1 Preapplication Conference.
- § 19.1004.2 Type I Application Requirements.
- § 19.1004.3 Type I Public Notice.
- § 19.1004.4 Type I Review Authority.
- § 19.1004.5 Type I Decision.
- § 19.1004.6 Appeal of a Type I Decision.
- § 19.1005 Type II Review
- § 19.1005.1 Preapplication Conference.
- § 19.1005.2 Type II Application Requirements.
- § 19.1005.3 Type II Public Notice.
- § 19.1005.4 Type II Review Authority.
- § 19.1005.5 Type II Decision.
- § 19.1005.6 Appeal of a Type II Decision.
- § 19.1006 Type III Review
- § 19.1006.1 Preapplication Conference.
- § 19.1006.2 Type III Application Requirements.
- § 19.1006.3 Type III Public Notice.
- § 19.1006.4 Type III Review Authority.
- § 19.1006.5 Type III Decision.
- § 19.1006.6 Appeal of a Type III Decision.
- § 19.1007 Type IV Review
- § 19.1007.1 Preapplication Conference.
- § 19.1007.2 Type IV Application Requirements.
- § 19.1007.3 Type IV Public Notice.
- § 19.1007.4 Type IV Review Authority.
- § 19.1007.5 Type IV Decision.
- § 19.1007.6 Appeal of a Type IV Decision.
- § 19.1008 Type V Review
- § 19.1008.1 Preapplication Conference.
- § 19.1008.2 Type V Application Requirements.
- § 19.1008.3 Type V Public Notice.
- § 19.1008.4 Type V Decision Authority.
- § 19.1008.5 Type V Recommendation and Decision.
- § 19.1008.6 Appeal of a Type V Decision.
- § 19.1009 Public Hearings
- § 19.1009.1 Responsibility of City for Public Hearings.
- § 19.1009.2 General Public Notice Requirements.
- § 19.1009.3 Rules of Procedure.
- § 19.1009.4 Challenges to Impartiality.
- § 19.1009.5 Financial Interests and Conflicts of Interest.
- § 19.1009.6 Ex Parte Contacts.
- § 19.1009.7 Disqualification.
- § 19.1009.8 Rights of Abstaining or Disqualified Member of the Hearing Body.
- § 19.1009.9 Absence of a Member of the Hearing Body.
- § 19.1009.10 Burden and Nature of Proof.
- § 19.1009.11 Continuance of Hearing.
- § 19.1009.12 Decision.
- § 19.1009.13 Record of Proceedings.
- § 19.1010 Appeals
- § 19.1010.1 Filing an Appeal.
- § 19.1010.2 General Procedures Applicable to All Appeals.
- § 19.1010.3 Types of Appeal Hearings.
- § 19.1010.4 Specific Provisions for Appeal of a Type I Decision.
- § 19.1010.5 Specific Provisions for Appeal of a Type II Decision.
- § 19.1010.6 Specific Provisions for Appeal of a Type III Decision.
- § 19.1010.7 Notice of Decision.
- § 19.1010.8 Remand from the Land Use Board of Appeals.
CHAPTER 19
1100 ANNEXATIONS AND BOUNDARY CHANGES
Sections
- § 19.1101 Purpose
- § 19.1102 Annexations
- § 19.1102.1 Administration and Approval Process.
- § 19.1102.2 The Petition.
- § 19.1102.3 Approval Criteria.
- § 19.1103 Other Boundary Changes
- § 19.1103.1 Administration and Approval Process.
- § 19.1103.2 The Petition.
- § 19.1103.3 Approval Criteria.
- § 19.1104 Expedited Process
- § 19.1104.1 Administration and Approval Process.
- § 19.1105 Appeals
CHAPTER 19
1200 SOLAR ACCESS PROTECTION
Sections
- § 19.1201 Purpose
- § 19.1201.1 The purpose of this chapter is:.
- § 19.1202 Definitions
- § 19.1202.1 For the purposes of this chapter, the following definitions shall apply:.
- § 19.1203 Solar Access for New Development
- § 19.1203.1 Purpose.
- § 19.1203.2 Applicability.
- § 19.1203.3 Design Standard.
- § 19.1203.4 Exemptions from Design Standard.
- § 19.1203.5 Adjustment to Design Standard.
- § 19.1203.6 Protection from Future Shade.
- § 19.1203.7 Application.
- § 19.1203.8 Process for Approval.