The R-5 and R-3.5 residential districts are designed for medium density residential development.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

Permitted uses in the R-5 and R-3.5 districts are:

A.

Single-family detached residential units;

B.

Accessory uses, buildings and dwellings;

C.

Duplexes;

D.

Triplexes;

E.

Quadplexes;

F.

Townhouses;

G.

Cottage clusters;

H.

Manufactured home parks or subdivisions in the R-3.5 district only;

I.

Residential homes;

J.

Parks, playgrounds, playfields and community or neighborhood centers;

K.

Home occupations;

L.

Family day care providers;

M.

Farms, commercial or truck gardening and horticultural nurseries on a lot not less than twenty thousand square feet in area (retail sales of materials grown on-site is permitted);

N.

Temporary real estate offices in model homes located on and limited to sales of real estate on a single piece of platted property upon which new residential buildings are being constructed;

O.

Transportation facilities.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019; Ord. No. 22-1001, 1(Exh. A), 6-1-2022)

The following uses are permitted in the R-5 and R-3.5 districts when authorized by and in accordance with the standards contained in OCMC 17.56:

A.

Golf courses, except miniature golf courses, driving ranges or similar commercial enterprises;

B.

Bed and breakfast inns/boarding houses;

C.

Cemeteries, crematories, mausoleums and columbariums;

D.

Child care centers and nursery schools;

E.

Emergency service facilities (police and fire), excluding correctional facilities;

F.

Residential care facilities;

G.

Private and/or public educational or training facilities;

H.

Public utilities, including sub-stations (such as buildings, plants and other structures);

I.

Religious institutions;

J.

Assisted living facilities; nursing homes and group homes for over fifteen patients;

K.

Live/work dwellings.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

The following use is permitted in the R-3.5 district when authorized by and in accordance with the standards contained in OCMC 17.65.

A.

Multi-family residential.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

Prohibited uses in the R-5 and R-3.5 districts are:

A.

Any use not expressly listed in OCMC 17.10.020, 17.10.025 or 17.10.030.

B.

Marijuana businesses.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

Dimensional standards in the R-5 and R-3.5 districts are as follows:

Table 17.10.040

Notes:

1. For land divisions, lot sizes may be reduced pursuant to OCMC 16.08.065.

2. Public utility easements may supersede the minimum setback.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019; Ord. No. 21-1007, § 1(Exh. A), 4-21-2021; Ord. No. 22-1001, 1(Exh. A), 6-1-2022)

A.

Projections from buildings. Ordinary building projections such as cornices, eaves, overhangs, canopies, sunshades, gutters, chimneys, flues, sills or similar architectural features may project into the required yards up to twenty-four inches.

B.

Through lot setbacks. Through lots having a frontage on two streets shall provide the required front yard on each street. The required rear yard is not necessary.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

A.

Density standards in the R-5 and R-3.5 districts are as follows:

Table 17.10.050

B.

Exceptions.

1.

Any dwelling units created as accessory dwelling units do not count towards the minimum or maximum density limits in Table 17.10.050.

2.

Duplexes triplexes and quadplexes shall count as a single dwelling unit for the purposes of calculating maximum net density. Total dwelling units within a development may count for the purposes of calculating minimum net density.

3.

Cottage clusters are exempt from maximum net density standards.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019; Ord. No. 22-1001, 1(Exh. A), 6-1-2022)

Any conversion of an existing duplex unit into two single-family attached dwellings shall be reviewed for compliance with the land division requirements in Title 16 and the underlying zone district.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

A.

Applicability. This section applies to all development in the R-5 district within the Thimble Creek Concept Plan Area.

B.

Relationship of Standards. These standards apply in addition to and supersede the standards of the R-5 zone within the Thimble Creek Concept Plan Area. In the event of a conflict, the standards of this section control.

C.

Southern Perimeter Transition. Along the southern boundary of the Thimble Creek Concept Plan area between Beavercreek Road and the eastern-most point of Tax Lot 00316, located on Clackamas County Map #32E15A, additional standards apply to create a perimeter transition.

1.

Where any portion of a lot is within twenty feet of the southern boundary, uses shall be limited to residential uses and roads, parks, trails, and open space.

2.

Where any portion of a lot is within twenty feet of the southern boundary, the minimum lot size for residential uses shall be six thousand square feet for single-family detached dwellings, duplexes and triplexes. Minimum lot size shall be one thousand five hundred square feet for townhouses. Minimum lot size shall be seven thousand square feet for quadplexes and cottage clusters.

3.

Where any portion of a lot is within twenty feet of the southern boundary, all primary structures shall be set back a minimum of forty feet from the southern boundary.

4.

Within the forty-foot wide setback from the southern boundary, a combination of landscaping and screening shall be provided to buffer the perimeter. The landscaping and screening shall meet one of the two standards:

a.

Utilize existing vegetation in compliance with OCMC 17.41, resulting in preservation of a minimum of twelve inches total DBH per lot with trees spaced an average of one tree for every thirty linear feet along the southern property line. These trees may be located on the residential lots or an abutting tract created for tree preservation consistent with OCMC 17.41.050.B or other similar landscaping or open space purpose.

b.

Provide a combination of new landscaping and screening to include:

i.

A minimum of twelve inches of total DBH, or a minimum of an average of one tree with minimum caliper of two inches DBH for every thirty linear feet along the southern property line, whichever is greater; and

ii.

A minimum six-foot tall, decorative, sight-obscuring fence or wall running parallel to the southern boundary. The fence or wall shall be constructed of wood, stone, rock, or brick. Other durable materials may be substituted with the community development director's approval. Chain-link fencing with slats shall not be allowed to satisfy this standard.

5.

An alternative southern perimeter transition may be proposed as part of a master plan per OCMC 17.65, provided it is consistent with the goals of the adopted Thimble Creek Concept Plan.

(Ord. No. 21-1006, § 1(Exh. A), 7-1-2020)