The purpose of the R-S zone is to promote and encourage a suitable environment for residential living and to protect and stabilize the residential characteristics of the zone. The R-S Zone is primarily for single unit detached dwellings, accessory dwelling units, duplexes, and their accessory uses. In addition, multi-unit dwellings and some other uses may be evaluated as a conditional use (discretionary pathway). In addition to the clear and objective housing types (single unit detached dwelling, duplex, manufactured dwelling, and Accessory Dwelling units). The Standard Residential Zone also allows denser housing options through a discretionary pathway.

(Ord. 1286 § 1 (part), 2001; Ord. No. 1398, § 4, 10-6-2021; Ord. No. 1430, § 8, 5-7-2025)

In the R-S zone, the following uses and their accessory uses are permitted outright. Special standards for certain uses, marked with an asterisk (*), are found in Section 17.08.090.

A.

Single-unit detached dwellings ^* and their accessory uses.

B.

Home occupations which comply with Chapter 17.46.

C.

Manufactured dwellings.*

D.

Accessory use structures.*

E.

Accessory dwelling units.*

F.

Transportation facilities (operation, maintenance, preservation, and construction in accordance with the city transportation system plan).

G.

Duplexes.

H.

Single-room occupancy development

(Ord. 1286 § 1 (part), 2001; Ord. 1307 § 4, 2005; Ord. No. 1355, § 9, 9-17-2014; Ord. No. 1398, § 5, 10-6-2021; Ord. No. 1430, §§ 9, 10, 5-7-2025)

A.

Religious use.

B.

Governmental structure or land use including but not limited to a public park, playground, fire station, library, or museum.

C.

Hospital, sanitarium, rest home, home for the aged, nursing home, convalescent home, group care center, residential care facility, residential care home, or medical clinic.

D.

School: nursery, primary, elementary, junior high, or senior high.

E.

Pumping station and utility substation.

F.

Cottage clusters.*

G.

Boarding house, bed and breakfast facility, hostel, or residency hotel.

H.

Multi-unit dwelling.

I.

Commercial use in conjunction with a planned development under the Toledo Land Division Ordinance.

J.

Child day care center.*

(Ord. 1286 § 1 (part), 2001; Ord. 1307 §§ 5, 6, 2005; Ord. No. 1398, § 6, 10-6-2021; Ord. No. 1430, § 11, 5-7-2025)

The following signs are permitted in the R-S zone:

A.

One temporary sign, not illuminated and not to exceed nine square feet in area, advertising the sale, lease, or rental of the property.

B.

Temporary political signs, not illuminated and not to exceed six square feet, to be removed within seven days after the pertinent election date.

C.

One non-illuminated sign not to exceed six square feet in area in conjunction with a home occupation or short term rental.

D.

One non-illuminated sign not to exceed 24 square feet in conjunction with multiunit dwellings or subdivisions.

(Ord. 1286 § 1 (part), 2001; Ord. No. 1430, §§ 12, 13, 5-7-2025)

The minimum lot area shall be six thousand (6,000) square feet for single unit detached dwellings and duplexes. The criteria for the conditional use or planned unit development approval process may authorize other use types at a density at or above the density level authorized in the R-S zone under the uses permitted outright. Density in the R-S zone discretionary conditional use development process shall not exceed twenty-five (25) units per acre.

(Ord. 1286 § 1 (part), 2001; Ord. No. 1398, § 7, 10-6-2021; Ord. No. 1430, § 14, 5-7-2025)

In an R-S zone the yards shall be as follows:

A.

The front yard shall be a minimum of fifteen (15) feet. Ramps in compliance with the Americans with Disabilities Act (ADA) may encroach into the front yard setback.

B.

The side yard shall be a minimum of five feet on both sides except that on corner lots the setback for all buildings shall be a minimum of ten (10) feet on the side abutting a street.

C.

The rear yard shall be a minimum of five feet.

D.

The entrance to a garage or carport, whether or not attached to a dwelling, shall be set back at least twenty (20) feet from the access street not including alleys.

(Ord. 1286 § 1 (part), 2001; Ord. No. 1398, § 8, 10-6-2021; Ord. No. 1430, § 15, 5-7-2025)

In an R-S zone no principal building shall exceed a height of thirty-five (35) feet. An accessory building with an accessory dwelling unit over a garage shall not exceed twenty-five (25) feet. All other accessory buildings shall not exceed a height of two stories or twenty-two (22) feet, whichever is less.

(Ord. 1286 § 1 (part), 2001; Ord. No. 1398, § 9, 10-6-2021)

In an R-S zone buildings shall not occupy more than an accumulative sixty (60) percent of the lot area. An additional ten (10) percent of lot coverage is allowed for accessory dwelling units and duplexes.

(Ord. 1286 § 1 (part), 2001; Ord. No. 1398, § 10, 10-6-2021)

A.

Design Features for Single-Unit Detached Dwellings in a Standard Residential Zone.

1.

All driveways shall have an all-weather surface as approved by the public works department.

2.

Erosion control plans must be submitted prior to issuance of a building permit.

3.

Single unit detached dwellings and other improvements shall be developed in compliance with all other applicable provisions set forth in the city zoning ordinance and the Building Codes.

B.

Manufactured Dwellings. In addition to compliance with the provisions set forth above in Section 17.08.090.A., a manufactured dwelling shall be permitted outright subject to the following standards:

1.

The manufactured dwelling must show compliance with Oregon Manufactured Dwelling Installation Specialty Code.

C.

Accessory Use Structures. Structures that are incidental and subordinate to the main structure on the property which are located in conjunction with the main uses are allowed.

1.

If the accessory structure is ten (10) feet or less high and less than or equal to one hundred twenty (120) square feet, it can be located in the rear setback area, but no closer than five feet from the property lines.

2.

All of the side and front yard setback must be met.

3.

Accessory structures may be of any size provided no other portion of the zoning code such as the sections on lot coverage standards or the building height standards are violated.

D.

Accessory dwelling units, where allowed, are subject to review and approval through a Type I procedure, pursuant to TMC Section 19.08, and shall conform to all of the following standards:

1.

One Unit. A maximum of one Accessory Dwelling Unit is allowed per legal single unit detached dwelling. The unit may be a detached building, in a portion of a detached accessory building (e.g., above a garage or workshop), or a unit attached or interior to the primary dwelling (e.g., an addition or the conversion of an existing floor).

2.

Floor Area.

a.

A detached accessory dwelling unit shall not exceed eight hundred fifty (850) square feet of floor area, or eighty (80) percent of the primary dwelling's floor area, whichever is smaller.

b.

An attached or interior accessory dwelling unit shall not exceed eight hundred fifty (850) square feet of floor area, or eighty (80) percent of the primary dwelling's floor area, whichever is smaller. However, accessory dwelling units that result from the conversion of a level or floor (e.g., basement, attic, or second story) of the primary dwelling may occupy the entire level or floor, even if the floor area of the accessory dwelling unit would be more than eight hundred fifty (850) square feet.

3.

Other Development Standards. Accessory dwelling units shall meet all other development standards (e.g. height, setbacks, lot coverage, etc.) for buildings in the zoning district except that:

a.

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.

b.

No off-street parking is required for an accessory dwelling unit.

4.

Design Standards.

a.

Accessory dwelling units shall comply with fire and life-safety codes.

E.

Child day care centers shall meet the following requirements:

1.

A fence installed at least four feet in height around any play yard areas which cannot be breached by children.

2.

Vehicular traffic and pedestrian facilities located and designed to prevent cars from backing into the street or crossing the pedestrian paths of children entering or leaving the building(s) or play area(s).

3.

Off-street parking provided at one and a quarter (1.25) spaces per staff person for the shift with the highest number of staff persons. Any fraction of a space requires an additional space (e.g., 1.25 to 1.75 spaces would require two full spaces).

4.

Located in a manner and with sufficient barriers to minimize disturbance to the surrounding properties and to prevent or minimize environmental/safety hazards for the children in the center.

5.

Must be registered or certified through the State Department of Children and Family Services.

F.

Cottage Clusters.

1.

Purpose. A cottage housing development is a small cluster of dwelling units appropriately sized for smaller households and available as an alternative to the development of typical single unit detached dwellings. Cottage housing is intended to address the changing composition of households, and the need for smaller, more diverse, and often, more affordable housing choices. Providing for a variety of housing types also encourages innovation and diversity in housing design and site development, while ensuring compatibility with surrounding single unit detached dwelling development.

2.

Ownership. Cottage housing developments may be sited on one commonly owned parcel with individual cottages owned in a condominium, cooperative, or similar arrangement, or cottages may be on individual lots with shared amenities and facilities owned in common.

3.

Standards. Cottage housing developments are subject to the following standards:

a.

Maximum Floor Area. A cottage shall enclose an area of not more than twelve hundred (1,200) square feet.

b.

Setbacks. The setbacks from adjacent property lines along the perimeter of the cottage housing development shall be the same as required by the underlying zone. The minimum distance between all structures, including accessory structures, shall be in accordance with building code requirements.

c.

Maximum height shall not exceed twenty five (25) feet.

d.

A minimum of seventy-five (75) percent of the cottages front entrances must face the common open space or a street.

e.

Orientation of Cottages. Cottages shall be clustered around the common open space.

f.

Minimum lot size for a cottage cluster shall be ten thousand (10,000) square feet.

g.

Fire access. No part of any structure shall be more than one hundred fifty (150) feet, as measured by the shortest clear path on the ground, from fire department vehicle access.

4.

Community Buildings. Cottage housing developments may include community buildings that provide space for accessory uses such as community meeting rooms, exercise rooms, day care, or community eating areas. They shall have a footprint of no more than eight hundred (800) square feet and may not exceed one story in height.

5.

Common Open Space. Each cottage cluster shall have common open space in order to provide a sense of openness and community of residents. Common open space is subject to the following standards:

a.

Each cottage cluster shall contain at least one thousand five hundred (1,500) square feet of common open space regardless of the number of cottages in the cluster.

b.

Parking areas, required yards, private open space, and driveways do not qualify as common open space.

6.

Parking. Cottage housing developments shall have at least one space for each cottage.

7.

Interior Fences. Fences on the interior of the cottage housing development shall not exceed three feet in height and shall not consist of solid board fencing.

8.

Existing Structures. On a lot or parcel to be used for a cottage housing development, an existing single unit detached dwelling that may be nonconforming with respect to the requirements of this section may remain, but the extent of its nonconformity may not be increased. Such dwellings shall count towards the number of cottages allowed in the cottage housing development.

9.

Sewer connection. Each cottage in a cottage housing development must be connected to a city sewer system. No cottage in a cottage housing development may use a septic system.

(Ord. 1286 § 1 (part), 2001; Ord. 1307 §§ 7—15, 2005; Ord. No. 1381, § 2, 2-5-2020; Ord. No. 1398, § 11—14, 10-6-2021; Ord. No. 1430, §§ 16—18, 5-7-2025)