The development must conform with all other applicable standards of Title 19, unless a variance is granted per Section 19.911.

Single detached dwellings require a minimum lot size of 5,000 sq ft if the lot was created on or after June 3, 2022, the effective date of Ordinance #2218.

In addition to yard requirements listed for each zoning district, buildings along certain major streets are subject to additional yard requirements as provided in Table 19.501.2.A below. Yards shall be measured so that the minimum distance from the center line of the right-of-way to the closest point of any building is the distance listed in Table 19.501.2.A plus the yard requirement of the underlying zone.

Architectural features such as cornices, eaves, canopies, sunshades, gutters, steps, unroofed landings, and flues may project up to 24 in into a required side yard or 36 in into a required front or rear yard. Such features extending from an accessory structure shall not be closer than 3 ft from a property line.

A covered porch or deck on a single detached dwelling, or middle housing unit may extend 6 ft into a required front or rear yard if all of the following standards are met:

Projections such as chimneys, spires, domes, elevator shaft housings, flagpoles, and other similar objects not used for human occupancy are not subject to the building height and side yard height plane limitations of the Zoning Ordinance, except as provided in an L-F Zone.

The following encroachments into a side yard height plane are allowed:

No accessory structure shall encroach upon or interfere with the use of any adjoining property or public right-of-way, including, but not limited to, streets, alleys, and public and private easements, unless permitted in accordance with Chapter 12.14.

Multiple accessory structures are permitted subject to building separation, building coverage, and minimum vegetation requirements of the zoning district in which the lot is located.

An accessory structure shall comply with all of the requirements of the Uniform Building Code.

Accessory structures excluding fences, flagpoles, pergolas, arbors, or trellises may not be located within the required front yard except as otherwise permitted in this chapter.

Regardless of the base zone requirements in Chapter 19.300, the required side and rear yards for an accessory structure are reduced to 5 ft, except as described below.

Alteration or modification of nonconforming accessory structures is subject to the provisions of Chapter 19.800 Nonconforming Uses and Development.

Fences, flagpoles, pergolas, arbors, and trellises are permitted in yards in all residential zones.

Retaining walls are exempt from accessory structure limitations.

The following standards apply to residential accessory structures on single detached unit, townhouse, cottage cluster, and plex development properties. The standards in Subsection 19.502.2.A do not apply to pools, uncovered decks, and patios.

The purpose of these standards is to allow accessory structures that accommodate the typical needs of a residence.

Fences, walls, and plantings may be constructed or maintained in yards with the following limitations:

Regardless of the yard requirements of the zone, a side, rear, or front yard may be reduced to 3 ft for an uncovered patio, deck, or swimming pool not exceeding 18 in high above the average grade of the adjoining ground (finished elevation). An uncovered ramp with handrails is allowed to exceed 18 in high if it provides access from grade to the elevation of the main entrance of a residential structure.

A stand-alone flagpole in a residential zone is limited to 25 ft high and must be at least 5 ft from any lot line. A stand-alone flagpole in commercial or industrial zones is subject to the height limits of the base zone in which it is located, and it must be at least 5 ft from any lot line.

Purpose

The purpose of these regulations is to allow apparatus for the generation of renewable energy and collection of stormwater, subject to standards to ensure that these structures are appropriate for their surroundings in both design and scale.

Maintenance Requirement

All of the sustainability-related structures in this subsection shall be maintained to be functional and safe. The Planning Director may require the repair or removal of a structure listed in this subsection if the structure is deteriorated, malfunctioning, or is otherwise unsafe.

Solar Energy Systems

Wind Energy Systems

Rainwater Cisterns

A guesthouse without kitchen facilities may be maintained accessory to a dwelling and may be used as a short-term rental, provided that the guesthouse is not occupied for more than 4 months in a calendar year. A detached accessory dwelling unit approved per Subsection 19.910.1. is not considered a guesthouse.

A greenhouse or hothouse may be maintained accessory to a dwelling.

The keeping of chickens or other domestic or domesticated fowl shall not exceed 50 in number. Subsections 19.301.3 and 19.302.3.A contain additional regulations on keeping chickens or other domesticated fowl in the residential zones.

Keeping of bees shall be a permitted accessory use for residentially zoned properties.

Amateur and CB radio equipment and operations shall be considered an accessory use. Radio and television structures or towers outside of dwellings shall be subject to building regulations. Such structures and towers are not permitted within any required front yard or street side yard, and shall be located at least 5 ft away from any side or rear property line. Amateur and CB radio structures and towers may exceed the height limits for the base zone, but shall not exceed a height of 70 ft. Any deviation from these standards will require a variance by the Planning Commission. Operational characteristics and limitations of such equipment shall be as established and administered by the FCC.

All yards that abut, or are adjacent across a right-of-way from the R-MD Zone shall be at least as wide as the required front yard width of the adjacent R-MD Zone. This additional yard requirement shall supersede the base zone yard requirements for the development property where applicable, except in the NMU Zone. In the NMU Zone, the base zone front yard requirements supersede these requirements.

All yards that abut, or are adjacent across a right-of-way from the R-MD Zone shall be maintained as open space. Natural vegetation, landscaping, or fencing shall be provided to at least the 6-ft level to screen R-MD residential uses from direct view across the open space, subject to the provisions of Subsection 19.502.2.B.

Applicability

Flag lots and back lots in all zones are subject to the development standards of this subsection, where applicable.

Development Standards—Flag Lots

Development Standards—Back Lots

Screening of Adjoining Properties

Flag lots and back lots must be screened in accordance with this subsection. Fencing and screening must conform to the clear vision standards of Chapter 12.24. Fencing must conform to the standards of Subsection 19.502.2.B.

Landscaping Plan Required—Flag Lots and Back Lots

A landscaping plan must be submitted to the Planning Manager prior to issuance of a building permit for new construction. The plan must be drawn to scale and must accompany development permit applications. The plan must show the following information:

Requirement

All development subject to Chapter 19.700 (excluding single detached, middle housing, and multi-unit residential development), or when specifically required elsewhere in Title 19, shall provide a system of walkways that encourages safe and convenient pedestrian movement within and through the development site. Redevelopment projects that involve remodeling or changes in use must be brought closer into conformance with this requirement to the greatest extent practicable. On-site walkways shall link the site with the public street sidewalk system, where sidewalks exist, or to the edge of the paved public street, where sidewalks do not exist. Walkways are required between parts of a site where the public is invited to walk. Walkways are not required between buildings or portions of a site that are not intended or likely to be used by pedestrians, such as truck loading docks and warehouses.

Location

A walkway into the site shall be provided for every 300 ft of street frontage.

Connections

Walkways shall connect building entrances to one another and building entrances to adjacent public streets and existing or planned transit stops. On-site walkways shall connect with walkways, sidewalks, bicycle facilities, alleys, and other bicycle or pedestrian connections on adjacent properties used or planned for commercial, multifamily, institutional, or park use. The City may require connections to be constructed and extended to the property line at the time of development.

Routing

Walkways shall be reasonably direct. Driveway crossings shall be minimized. Internal parking lot circulation and design shall provide reasonably direct access for pedestrians from streets and transit stops to primary buildings on the site.

Design Standards

Walkways shall be constructed with a hard surface material, shall be permeable for stormwater, and shall be no less than 5 ft in width. If adjacent to a parking area where vehicles will overhang the walkway, a 7-ft-wide walkway shall be provided. The walkways shall be separated from parking areas and internal driveways using curbing, landscaping, or distinctive paving materials. On-site walkways shall be lighted to an average 5/10-footcandle level. Stairs or ramps shall be provided where necessary to provide a direct route.

An individual building may be set back more than 30 ft, provided the building is part of an Approved phased development that will result in a future building(s) that complies with the 30-ft setback standard.

For sites with multiple buildings, the maximum distance from a street with transit to a public entrance of the primary building shall be no more than 100 ft.

If the proposed building is part of an institutional campus, the Planning Director may allow flexibility in the setback and orientation of the building. As a trade-off for this flexibility, enhanced sidewalk connections shall be provided between the institutional building(s) and nearby transit stops.

If the site abuts more than one street served by transit, then the maximum setback requirement need only apply to one street.

Applicability

A preliminary circulation plan is required for nonresidential development on sites 3 acres and larger that are subject to development review per Section 19.906 and where any of the following is true:

Plan Contents

Approval Criteria

In reviewing a proposed preliminary circulation plan, the Planning Director shall find compliance with the relevant portions of the Comprehensive Plan, Transportation System Plan, and Section 19.708 Transportation Facility Requirements.

Permit Process

A new preliminary circulation plan, or a revision to an approved preliminary circulation plan, is subject to Type II review per Section 19.1005.

Purpose

The design standards for one-to four-unit dwellings (including single detached dwellings, duplexes, triplexes, and quadplexes) require a minimum level of design on every dwelling. These standards are intended to promote attention to detail, human-scale design, street visibility, and privacy of adjacent properties, while affording flexibility to use a variety of architectural styles.

Applicability of Design Standards

The building design standards in this subsection apply to the development of one to 4 units when the closest wall of the street-facing façade is within 50 ft of a front or street side lot line and to dwellings in a cluster or grouping, either facing a shared open space (e.g., a common courtyard) or a pedestrian path. The site design standards apply to plex developments (i.e., 2 to 4 units).

Dwelling Standards

All buildings that meet the applicability provisions in Subsection 19.505.1.B must meet the following design standards. The graphics provided are intended to illustrate how development could comply with these standards and should not be interpreted as requiring a specific architectural style. An architectural feature may be used to comply with more than one standard.

An applicant may request a variance to the Detailed Design standards in Subsection 19.505.1.C.4 through a Type II review, pursuant to Subsection 19.911.3.B. variances to any other design standards requires a variance through a Type III review, per Subsection 19.911.3.C.

Site Design Standards

The site design standards do not apply to single detached dwellings, only to plex developments.

Purpose

These standards are intended to prevent garages from obscuring or dominating the street-facing façade of a dwelling and provide for a pleasant pedestrian environment in residential areas.

Applicability

The standards in this subsection apply to all new attached garages and carports on properties with a single-family detached dwelling, residential home, or duplex when the street-facing façade of the garage, or columns of the carport, are located within 50 ft of the front property line. Standards for garages in rowhouse development are in Subsection 19.505.5.

Standards

Purpose

The purpose of these design standards is to facilitate the development of attractive multi-unit housing that encourages multimodal transportation. They encourage good site and building design, which contributes to livability, safety, and sustainability; helps create a stronger community; and fosters a quality environment for residents and neighbors.

The guidelines and standards are intended to achieve the following principles that the City encourages for multi-unit development:

Applicability

The design elements in Table 19.505.3.D in this subsection apply, as described below, to all multi-unit developments and residential care facilities with 3 or more dwelling units on a single lot. Cottage cluster housing and rowhouses on their own lots are subject to separate standards and are therefore exempt from Subsection 19.505.3.

Review Process

Two possible review processes are available for review of multi-unit or residential care facilities: objective and discretionary. An applicant may choose which process to use. The objective process uses clear objective standards that do not require the use of discretionary decision-making. The discretionary process uses design guidelines that are more discretionary in nature and are intended to provide the applicant with more design flexibility. Regardless of the review process, the applicant must demonstrate how the applicable standards or guidelines are being met.

Design Guidelines and Standards

Applicable guidelines and standards for multi-unit and residential care facilities are located in Table 19.505.3.D. These standards should not be interpreted as requiring a specific architectural style.

Purpose

Cottage clusters provide a type of housing that includes the benefits of a single detached dwelling while also being an affordable housing type for new homeowners and households that do not require as much living space. These standards are intended to: support the growth management goal of more efficient use of urban residential land; support development of diverse housing types in accordance with the Comprehensive Plan; increase the variety of housing types available for smaller households; provide opportunities for small, detached dwelling units within existing neighborhoods; increase opportunities for home ownership; and provide opportunities for creative and high-quality infill development that is compatible with existing neighborhoods.

Applicability

These standards apply to cottage cluster housing, as defined in Section 19.201, wherever this housing type is allowed by the base zones in Chapter 19.300. The standards apply to development of new cottage clusters and modifications to existing cottage clusters.

Development Standards

The standards listed below in Table 19.505.4.C.1 are the applicable development and design standards for cottage cluster housing. Additional design standards are provided in Subsection 19.505.1.

Cottage Standards

Site Design and Other Standards

Purpose

Townhouses provide a type of housing that includes the benefits of a single detached dwelling, such as fee simple ownership and private yard area, while also being an affordable housing type for new homeowners and households that do not require as much living space. Townhouses are allowed at 4 times the maximum density allowed for single detached dwelling in the same zone or 25 dwelling units per acre, whichever is less, and the general design requirements are very similar to the design requirements for single detached dwellings. Two important aspects of these standards are to include a private-to-public transition space between the dwelling and the street and to prevent garage and off-street parking areas from being prominent features on the front of townhouses.

Applicability

Townhouse Design Standards

The design standards in this subsection apply to townhouses when the closest wall of the street-facing façade is within 50 ft of a front or street side lot line. An architectural feature may be used to comply with more than one standard.

An applicant may request a variance to the Detailed Design standards in Subsection 19.505.5.C.4 through a Type II review, pursuant to Subsection 19.911.3.B. variances to any other design standards requires a variance through a Type III review, per Subsection 19.911.3.C.

Number of Townhouses Allowed

In the High Density Zone, no more than 4 consecutive townhouses that share a common wall(s) are allowed. A set of 4 townhouses with common walls is allowed to be adjacent to a separate set of 4 townhouses with common walls.

In the R-MD zone, the maximum number of consecutive attached townhouses is 4.

Townhouse Lot Standards

Driveway Access and Parking

Accessory Structure Setbacks

On townhouse lots with a lot width of 25 ft or less, there is no required side yard between an accessory structure and a side lot line abutting a townhouse lot. All other accessory structure regulations in Subsection 19.502.2.A apply.

Purpose

This section establishes regulations and standards for creating and operating live/work units as a primary use. The purposes of these provisions are as follows:

Applicability

These standards apply to live/work units, as defined in Section 19.201, wherever this use is allowed by the base zones in Chapter 19.300 or the overlay zones in Chapter 19.400.

Use Standards

Development Standards

In addition to the standards of the base zone, live/work units shall comply with all of the following standards.

Purpose

The design standards contained in this section are intended to encourage building design and construction with durable, high-quality materials. The design standards support development of an attractive, cohesive, and pedestrian-friendly commercial area. The design standards do not prescribe a particular building or architectural style.

Applicability

Building Design Standards

All buildings that meet the applicability provisions in Subsection 19.505.7.B shall meet the following design standards.

An applicant may request a variance to the building design standards in Subsection

19.505.7.C through a Type II review, pursuant to Subsection 19.911.3.B.7.

The unit must be placed on an excavated and backfilled foundation with the bottom no more than 12 in above grade and enclosed at the perimeter by skirting of pressure treated wood, masonry, or concrete wall construction and complying with the minimum setup standards of the adopted State Administrative Rules for Manufactured Dwellings, Chapter 918.

Bare metal is not allowed as a roofing material and is not allowed on more than 25% of any façade of the unit.

The unit shall comply with the definition for manufactured home as identified in this section.

The unit shall comply with single-family parking and paving standards as described in Chapter 19.600.

For unit placement on an individual lot within all residential zones, the siting standards shall be administered as part of the building permit process for the unit placement.

Manufactured home placement as authorized by the temporary structure permit process of Subsection 19.910.4 is not subject to the siting standards of this section.

Be incidental and accessory to the residential use of the property.

Maintain the residential character of the building and premises.

Not have the outward appearance of a business.

Not detract from the residential character of the neighborhood.

Be owned and operated by an occupant of the dwelling.

Outside display or storage of merchandise, materials, or equipment on the premises or any adjacent right-of-way is prohibited.

Noise, odor, smoke, gases, vibration, heat, or glare that is detectable beyond the limits of the property is prohibited.

In the case of on-premises instruction, no more than 5 enrollees shall be present at the same time.

Motor vehicle, boat, or trailer repair is prohibited as a home occupation.

Only one home occupation is allowed per residence, except that 2 may be permitted provided no employees not residing in the home are engaged in the conduct of any business activity on the premises.

Except as set forth in Section 19.509, all marijuana-related businesses (production, processing, testing, warehousing, and sales) are prohibited as home occupations. State-licensed production for medical marijuana patients is permitted provided the operation is entirely indoors and meets the security and odor control standards of Subsection 19.509.2.

All psilocybin-related businesses as defined in ORS 475A are prohibited as home occupations.

Number of on-site employees who are not members of the family residing on the premises.

Use of the home to distribute or receive goods.

Use of the premises for parking of customer, client, or employee vehicles, and the location and number of parking spaces.

The use of public streets for parking or storage.

The time of day that home occupation activities may take place.

Equipment or material storage, including vehicles and trailers.

Noise, light, fumes, exhaust, and similar impacts.

The residence must be occupied by the owner or a primary operator for not less than 270 days per year.

Unhosted rentals (where the primary occupants vacate the unit or site during the rental period) are limited to no more than 95 days per year.

If a dwelling on a property with an accessory dwelling unit is being used for short-term rental purposes, either the primary residence or the accessory dwelling unit must be occupied by the property owner for not less than 270 days per year.

A property in a low-density residential zone or any property with a duplex is limited to having 1 short-term rental operating at any given time period.

At any given time, no more than 2 rental parties (i.e., under 2 separate reservations) shall occupy a dwelling unit used for short-term rental purposes.

Building code and fire code standards must be met.

The operator of a short term rental shall register with the City and comply with all relevant requirements of Title 5 of the Milwaukie Municipal Code. The registration process will be used to verify that all code provisions have been satisfied. The right to operate the short-term rental business may be revoked if the owner or operator fails to comply with these provisions or any other home occupation standards.

New Development

Expansions, Additions, and/or Changes to Existing Buildings or Structures

The following elements are applicable to expansions of, and/or additions to, existing buildings or structures. Elements that are applicable to expansions or additions do not apply to existing buildings unless stated below. Expansions or additions that bring the building or structure out of conformance, or further out of conformance if already nonconforming, with the applicable design standard or standards are subject to Chapter 19.800 Nonconforming Uses and Development or Section 19.907 Downtown Design Review.

Replacement of Materials

The following elements are applicable for work that would replace any of the façade materials on a building or change elements of the façade such as windows, doors, awnings, canopies, and other structural elements. The element applies only to the portion of the façade on which the new materials are installed or the structural element being replaced.

Other Activities

Any activity not described in Subsections 19.508.2.A-C is exempt from the design elements of this section.

Applicants may elect to meet all of the applicable design standards for each design element in Section 19.508.4. Such projects can be reviewed through an administrative Type I downtown design review as established in Section 19.907.

Applicants that do not meet all of the applicable design standards may demonstrate compliance with individual design elements by meeting either the design standards or the design guidelines for a specific element. Such projects must be reviewed through a discretionary Type II or III downtown design review as established in Section 19.907.

Site Frontage

Wall Structure and Building Façade Detail

Exterior Building Materials

Façade Transparency and Activation

Building Entrances

Windows

Corners

Building Massing and Transitions

Weather Protection

Roofs and Rooftop Equipment Screening

Service Areas (Screening)

Resident Open Space

Plazas and Usable Open Space

Outdoor and Exterior Building Lighting

A marijuana retailer shall not be located within 1,000 ft of the real property comprising a public or private elementary, secondary, or career school attended primarily by minors. In addition, a marijuana retailer shall not be located within 1,000 ft of the Wichita and Hector Campbell school sites nor within 1,000 ft of another marijuana retailer.

A marijuana retailer shall not be collocated with another business except when collocated with another state-licensed marijuana business as permitted by state laws.

Display of marijuana or marijuana products that are visible from outside of the retail facility is prohibited.

The hours of operation for a marijuana retailer shall be limited to the hours between 8:00 a.m. and 10:00 p.m.

No drive-through sales are permitted.

The operation shall be entirely indoors, within a fully-enclosed, secure building meeting Building codes adopted by the City of Milwaukie and all other applicable state regulations.

Odor shall be managed for all production, processing, testing, research, and warehousing Uses. A marijuana business shall use an air filtration and ventilation system that ensures that all odors associated with the marijuana are confined to the licensed premises to the extent practicable.

Within a building utilized for production, multiple producers may operate but no single producer shall operate in a manner where the mature marijuana plant grow canopy associated with that producer's operation exceeds 10,000 sq ft.

A marijuana producer shall not be located in a building that is within 1,500 ft of another Building that is utilized for marijuana production.

Within a building utilized for cultivation, growing, planting, harvesting, and/or propagation, multiple growers may operate but no single grower shall operate in a manner where the mature psilocybin plant grow canopy associated with that producer's operation exceeds 10,000 sq ft.

A psilocybin grower shall not be located in a building that is within 1,500 ft of another building that is utilized for psilocybin cultivation.

Living Building Challenge;

LEED;

Earth Advantage;

Passive House;

Enterprise Green Communities; or

Energy Trust of Oregon's New Buildings program confirming participation in the Path to Net Zero program offering.

Purpose

The purpose of this section is to offer incentives to developers for providing housing that is affordable to the types of households and qualifying residents identified in subsection B (Eligibility for Incentives), below. Affordable housing incentive requests of this chapter can be made concurrently as part of a land use permit application, as applicable.

Eligibility for Incentives

To be eligible for an adjustment and other incentives provided by this section, a proposed residential project must meet the following requirements:

Types of Variances and Incentives Allowed

A residential project that satisfies all applicable provisions of this section is entitled to apply for the following incentives. A variance application may ask for no more than a total of 10 distinct variances between the development and design standards identified below. For the purposes of this section, multiple instances of the same variance type will be considered one distinct variance.

Continued Affordability

The land use permit application for the residential project must include the procedures proposed by the developer to maintain the continued affordability of the income-restricted units. Developments receiving a direct financial contribution, or other financial incentives from the City, or utilizing any of the incentives provided in this subsection, must maintain the availability of income-restricted homeownership units for a minimum of 60 years and of income-restricted rental units for a minimum of 99 years. Homeownership developments must use a community land trust model, shared equity, or similar model, that can ensure continued affordability and compliance monitoring. Developers must enter into a development agreement or provide legal proof of restriction/affordability covenant with the City of Milwaukie to ensure retention. This should also include the monitoring and verification process that will be utilized throughout the duration of the affordability term to ensure the appropriate income levels are being certified for prospective renters or buyers.

Processing of Incentive Requests

Proposed incentive requests must be included as part of the land use application or permitting materials required for the residential project by this title, including the application of all relevant criteria.

Priority Processing of Affordable Housing Projects

A residential project that satisfies all applicable provisions of this section will be given priority over other types of projects and permits by all City departments in the processing of land use permit and building permit applications, and in inspections of the project during the construction process.