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Tualatin City Zoning Code

CHAPTER 41

MEDIUM LOW DENSITY RESIDENTIAL ZONE RML

TDC 41.100.- Purpose.

The purpose of this zone is to provide household living uses with a variety of housing types at moderately low densities. This district is primarily oriented toward middle housing types including attached dwellings, multi-family development, and manufactured dwelling parks.

(Ord. No. 1463-21, § 17, 12-13-21)

TDC 41.200. - Use Categories.

(1)

Use Categories. Table 41-1 lists use categories Permitted Outright (P) or Conditionally Permitted (C) in the RML zone. Use categories may also be designated as Limited (L) and subject to the limitations listed in Table 41-1 and restrictions identified in TDC 41.210. Limitations may restrict the specific type of use, location, size, or other characteristics of the use category. Use categories which are not listed are prohibited within the zone, except for uses which are found by the City Manager or appointee to be of a similar character and to meet the purpose of this zone, as provided in TDC 31.070.

(2)

Overlay Zones. Additional uses may be allowed in a particular overlay zone. See the overlay zone Chapters for additional uses.

Table 41-1
Use Categories in the RML Zone

USE CATEGORYSTATUSLIMITATIONS AND CODE REFERENCES
RESIDENTIAL USE CATEGORIES
Household Living P/C Permitted housing types subject to TDC 41.220.
Residential Accessory Uses P (L) Permitted uses limited to Family Child Care Home subject to ORS 329A.440.
Group Living P/C (L) Permitted uses limited to
 • Residential Facility; and,
 • Nursing Facility.

Conditional uses limited to Congregate Care Facility subject to TDC 34.020 and TDC 34.030.
COMMERCIAL USE CATEGORIES
Agriculture C (L) Subject to TDC 41.210(1).
Durable Goods Sales C (L) Conditional uses limited to nurseries.
Retail Sales and Service C (L) Conditional uses limited to Child Day Care Center.
INSTITUTIONAL USE CATEGORIES
Assembly Facilities C (L) Conditional uses limited to places of religious worship. See TDC 34.800 Religious uses and ORS 227.500 pertaining to activities customarily associated with the practices of religious activity.
Community Services C
Medical Center C (L) Conditional uses limited to a hospital.
Schools C
INFRASTRUCTURE AND UTILITIES USE CATEGORIES
Basic Utilities P/C (L) Permitted uses limited to water or sewage pump stations and pressure reading stations.

Conditional uses limited to water reservoirs, with a maximum height of 75 feet.
Greenways and Natural Areas P
Parks and Open Areas P/C (L) Permitted uses limited to public park or playground.

Conditional uses limited to golf course or country club with golf course.
Public Safety Facilities C (L) Conditional uses limited to fire stations
Transportation Facilities P
Wireless Communication Facilities P/C (L) Subject to TDC 41.210(2).
Maximum height and minimum setbacks subject to TDC Chapter 73F.

 

TDC 41.210. - Additional Limitations on Uses.

(1)

Agricultural Uses. The following agricultural uses are allowed with a conditional use permit within areas designated on Comprehensive Plan Map 10-6:

(a)

Conditional Use of Agricultural Animals. Raising of agricultural animals, limited to cattle, horses and sheep. The City Council may limit the number of animals to be allowed on a specific parcel of property; and

(b)

Agricultural structures such as barns, stables, sheds, but excluding feed lots. Feed lots are prohibited.

(2)

Wireless Communication Facilities. Wireless Communication Facilities may be permitted uses or conditional uses, depending on the nature of the use.

(a)

Permitted Uses. The following uses are permitted outright:

(i)

Wireless Communication Facility Attached, provided the facility is not mounted on a single-family dwelling or its accessory structures; and

(ii)

Wireless Communication Facility, provided the facility is located within 300 feet of the centerline of Interstate 5.

(b)

Conditional Uses. All other detached wireless communication facilities may be allowed with a conditional use permit. The facility must not be located within an approved small lot subdivision.

(Ord. No. 1450-20, § 16, 12-14-20)

TDC 41.220. - Housing Types.

Table 41-2 lists Housing Types permitted in the RML zone. Housing types may be Permitted Outright (P), Conditionally Permitted (C), or Not Permitted (N) in the RML zone.

Table 41-2
Housing Types in the RML Zone

HOUSING TYPESTATUSLIMITATIONS AND CODE REFERENCES
Single-Family Dwelling P Limited to single-family dwellings in a flexible lot subdivision subject to TDC 36.410.
Accessory Dwelling Unit P Subject to TDC 73A.170.
Duplex P See TDC definition in 31.060.
Townhouse P See TDC definition in 31.060.
Triplex P See TDC definition in 31.060.
Quadplex P See TDC definition in 31.060.
Cottage Cluster P See TDC definition in 31.060.
Multi-Family Structure (5 or more units) P See TDC definition in 31.060.
Manufacturing Dwelling N See TDC definition in 31.060.
Manufactured Dwelling Park P Limited to locations designated by the Tualatin Community Plan Map and subject to TDC 34.190.
Retirement Housing Facility C Subject to TDC 34.400.
Residential Home P See TDC definition in 31.060.

 

(Ord. No. 1444-20, § 1, 10-12-20; Ord. No. 1463-21, § 18, 12-13-21)

TDC 41.300. - Development Standards.

(1)

Development standards in the RML zone are listed in Table 41-3. Additional standards may apply to some uses and situations, see TDC 41.310 and TDC 41.330. The standards in Table 41-3 may be modified for greenway and natural area dedications as provided in TDC 36.420. The standards for lot size, lot width, building coverage, and setbacks that apply to single-family dwellings in small lot subdivisions are provided in TDC 36.410(2)(b).

(2)

Exceptions. Existing non-conforming situations may be developed according to the provisions of TDC Chapter 35.

Table 41-3
Development Standards in the RML Zone

STANDARDREQUIREMENTLIMITATIONS AND CODE REFERENCES
MAXIMUM DENSITY
Single Family Dwellings 10 units per acre
Duplex None
Townhouse 25 units per acre
Triplex None
Quadplex None
Cottage Cluster None Minimum density of 4 units per acre.
Multi-Family (5 or more units) 10 units per acre
Manufactured Dwelling Parks 12 units per acre Limited to single-wide dwelling parks or any part of a single-wide dwelling park.
Retirement Housing Facility, or Congregate Care Facility 15 units per acre
Nursing Facility 15 units per acre
Group Living Uses 15 units per acre
MINIMUM LOT SIZE
Single Family Dwelling 3,000 square feet Only in a Flexible Lot Subdivisions, subject to TDC 36.410
Duplex 4,500 square feet May be reduced for Flexible Lot Subdivisions, subject to TDC 36.410.
Townhouse 1,400 square feet
Triplex 4,500 square feet May be reduced for Flexible Lot Subdivisions, subject to TDC 36.410.
Quadplex 4,500 square feet May be reduced for Flexible Lot Subdivisions, subject to TDC 36.410.
Cottage Cluster 4,500 square feet May be reduced for Flexible Lot Subdivisions, subject to TDC 36.410.
Multi-Family Structure (5 or more units) 20,000 square feet
Multi-Family Structure under Condominium Ownership 20,000 square feet Limited to the primary condominium lot.
All Other Permitted Uses 10,000 square feet
Conditional Uses 20,000 square feet
Infrastructure and Utilities Uses As determined through the Subdivision, Partition, or Lot Line Adjustment process
MINIMUM AVERAGE LOT WIDTH
Single Family Detached 26 feet Only allowed for Flexible Lot Subdivisions, subject to TDC 36.410.
Townhouse 14 feet
Duplex, Triplex, Quadplex, and Cottage Clusters 50 feet May be reduced to 30 feet if on a cul-de-sac. May be reduced to 26 feet for Flexible Lot Subdivisions, subject to TDC 36.410.
Multi-Family Structure 75 feet May be 40 feet on a cul-de-sac street.
Multi-Family Structure under Condominium Ownership 100 feet Limited to the primary condominium lot. Minimum lot width at street is 40 feet.
All Other Permitted Uses 75 feet
Conditional Uses 100 feet Minimum lot width at street is 40 feet.
Flag Lots Must be sufficient to comply with minimum access requirements of TDC 73C.
MINIMUM SETBACKS
Single Family Detached, Duplex, Townhouse, Triplex, or Quadplex Single Family Detached only in Flexible Lot Subdivisions, subject to TDC 36.410.
Front 10 feet
Garage Door 20 feet
Side 5 feet Zero-foot side setbacks permitted for lot or parcel lines where Townhouse units are attached.
Rear 10 feet
Multi-family (5 or more units), Conditional Uses, and Other Permitted Uses Not Listed
Front
<12 feet 20 feet
12—<25 feet 25 feet
25—<30 feet 30 feet
30+ feet 35 feet
Side 5 feet
Corner Lots On corner lots, the setback is the same as the front yard setback on any side facing a street other than an alley except for duplexes, triplexes, and quadplexes where the setback is 10 feet.
Other Development Types
Cottage Cluster 10 feet on all sides Minimum distance of 10 feet between units in a cottage cluster.
Minimum Distance Between Buildings within One Development 10 feet
Parking and Vehicle Circulation Areas 10 feet For Townhouses, determined through the Architectural Review process
Conditional Uses As determined through Architectural Review process, no greater than 50 feet
Any Yard Area Adjacent to Basalt Creek Parkway 50 feet
MAXIMUM STRUCTURE HEIGHT
All Uses 35 feet If all setbacks are equal to or greater than 1½ times the height of the building, the height may be increased to a maximum of 50 feet with a conditional use permit.
MAXIMUM LOT COVERAGE
Duplex 60%
Townhouse 75%
Triplex 60%
Quadplex 60%
Cottage Cluster 75%
All Other Permitted Uses 40%
Conditional Uses 45%

 

(Ord. No. 1444-20, § 2, 10-12-20; Ord. No. 1450-20, § 17, 12-14-20; Ord. No. 1463-21, § 19, 12-13-21)

TDC 41.310. - Projections Into Required Yards.

The following architectural features may project into a required front or rear yard setback area not more than three feet, and into a required side yard not more than two feet: cornices, eaves, canopies, decks, sun-shades, gutters, chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, and other similar architectural features.

TDC 41.320. - Density Bonus or Setback Reduction for Developments Adjacent to Greenways and Natural Areas.

To preserve natural areas and habitat for fish and wildlife, the decision-making authority may provide a density bonus or setback reduction for developments that are adjacent to Greenways or Natural Areas that dedicate land for conservation or public recreational purposes, in accordance with the following standards:

(1)

Density Bonus. The lot(s) may be developed to the same number of dwelling units that would be permitted in the RML zone if none of the land area in the Greenway or Natural Area lots were in a conservation or protection area.

(2)

Setback Reduction. All permitted uses may be allowed a reduction of up to 35 percent of the front, side or rear yard setbacks, as determined through the Architectural Review process, if as a result the buildings are farther away from fish and wildlife habitat areas. Single-Family Dwellings in Small Lot Subdivisions and setback areas that abut property lines in the RL zone are not eligible for the setback reduction.

(3)

Location of Greenway or Natural Area Lot. A portion of the parcel must be located in one of the following conservation or protection areas:

(a)

Natural Resource Protection Overlay (NRPO) District (TDC Chapter 72); or

(b)

Clean Water Services Vegetated Corridor.

(4)

Ownership of Greenway or Natural Area Lot. The ownership of each Greenway or Natural Area Lot must be one of the following:

(a)

Dedicated to the City at the City's option;

(b)

Dedicated in a manner approved by the City to a non-profit conservation organization; or

(c)

Retained in private ownership.

(5)

Ownership Considerations. The decision-making authority must consider, but not limited to, the following factors when determining the appropriate ownership of the Greenway or Natural Area Lot:

(a)

Does the Park and Recreation Master Plan designate the lot for a greenway, pedestrian or bike path, public park, recreation, overlook or interpretive facility, or other public facility;

(b)

Does the lot include one or more designated Heritage Trees, or one or more significant trees;

(c)

Does the lot provide a significant view or esthetic element, or does it include a unique or intrinsically valuable element;

(d)

Does the lot connect publicly owned or publicly accessible properties;

(e)

Does the lot abut an existing park, greenway, natural area or other public facility;

(f)

Does the lot provide a public benefit or serve a public need;

(g)

Does the lot contain environmental hazards;

(h)

Geologic stability of the lot; and

(i)

Future maintenance costs for the lot.

(Ord. 1414-18, 12-10-18; Ord. 1427-19, § 19, 11-25-19)

TDC 41.330. - Reserved.

Editor's note— Ord. No. 1463, § 20, adopted December 13, 2021, repealed § 41.330. Former § 41.330 pertained to Development Standards for Single-Family Dwellings in a Small Lot Subdivision for Certain Basalt Creek Area Properties and derived from Ord. No. 1444-20, § 3, adopted October 12, 2020.