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Tualatin City Zoning Code

CHAPTER 43

HIGH DENSITY RESIDENTIAL ZONE RH

TDC 43.100.- Purpose.

The purpose of this zone is to provide areas of the City suitable for townhouses, high density garden apartment and condominium developments.

TDC 43.200. - Use Categories.

(1)

Uses Categories. Table 43-1 lists use categories Permitted Outright (P) or Conditionally Permitted (C) in the RH zone. Use categories may also be designated as Limited (L) and subject to the limitations listed in Table 43-1 and restrictions identified in TDC 43.210. 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 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 43-1
Use Categories in the RH Zone

USE CATEGORYSTATUSLIMITATIONS AND CODE REFERENCES
RESIDENTIAL USE CATEGORIES
Household Living P/C Permitted housing types subject to TDC 43.220.
Residential Accessory Uses P (L) Permitted uses limited to Family Day Care subject to ORS 329A.440.
Group Living P/C (L) Permitted uses limited to:
 • Residential Facility;
 • Nursing Facility.

Conditional uses limited to Congregate Care Facilities subject to TDC 34.400.
COMMERCIAL USE CATEGORIES
Agriculture C (L) Subject to TDC 43.210(1).
Durable Goods Sales C (L) Conditional uses limited to retail 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 43.210(2).

Maximum height and minimum setbacks subject to TDC Chapter 73F.

 

TDC 43.210. - 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.

(Ord. No. 1450-20, § 20, 12-14-20)

TDC 43.220. - Housing Types.

Table 43-2 lists Housing Types permitted in the RH zone. Housing types may be Permitted Outright (P), Conditionally Permitted (C), or Not Permitted (N) in the RH zone.

Table 43-2
Housing Types in the RH Zone

HOUSING TYPESTATUSLIMITATIONS AND CODE REFERENCES
Single-Family Dwelling N
Accessory Dwelling Unit N
Duplex
Townhouse (or Rowhouse)
P See TDC definition in 31.060.
Multi-Family Structure P See TDC definition in 31.060.
Manufacturing Dwelling N
Manufactured Dwelling Park N
Retirement Housing Facility C Subject to TDC 34.400.
Residential Home P See TDC definition in 31.060.

 

TDC 43.300. - Development Standards.

Development standards in the RH zone are listed in Table 43-3. Additional standards may apply to some uses and situations, see TDC 43.310.

Table 43-3
Development Standards in the RH Zone

STANDARDREQUIREMENTLIMITATIONS AND CODE REFERENCES
Maximum density
Household Living Uses Maximum: 25 units per acre
Minimum: 16 units per acre
Retirement Housing or
Congregate Care Facility
45 units per acre
Nursing Facility 45 units per acre
Group Living Uses 25 units per acre Does not apply to Nursing Facility or Congregate Care Facility.
MINIMUM LOT SIZE
Townhouse, or Rowhouse 1,400 square feet
Multi-Family Structure
 • Development on Less than One Acre 10,000 square feet For up to two units, plus an additional 1,459 square feet for each unit exceeding two.
 • Development on More than One Acre 1,742 square feet per unit
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
Townhouses (or Rowhouses) 14 feet
Multi-Family Structure 75 feet May be 40 feet on a cul-de-sac street.
Multi-Family Structure under Condominium Ownership 75 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
Front Setback Minimum setback to a garage door must be 20 feet.
 •1 story structure 20 feet
 •1.5 story structure 25 feet
 •2 story structure 30 feet
 •2.5 story structure 35 feet
 •Townhouse (or Rowhouses) 0-20 feet As determined through Architectural Review process.
Side and Rear Setback Where living spaces face a side yard, the minimum setback must be ten feet
 •1 story structure 5 feet
 •1.5 story structure 7 feet
 •2 story structure 10 feet
 •2.5 story structure 12 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.
Minimum Distance Between Buildings within One
Development
10 feet For Townhouses, determined through the Architectural Review process.
Parking and Vehicle Circulation Areas 10 feet For Townhouses, determined through the Architectural Review process.
Conditional Uses As determined through Architectural Review process. No minimum setback must be greater than 50 feet.
Any Yard Area Adjacent to
Basalt Creek Parkway
50 feet
MAXIMUM STRUCTURE HEIGHT
All Uses 35 feet May be increased to a maximum of 50 feet with a conditional use permit, if all setbacks are not less than 1½ times the height of the building.
MAXIMUM LOT COVERAGE
Townhouse (or Rowhouse) 90%
All Other Permitted Uses 45%
Conditional Uses 45%

 

(Ord. No. 1450-20, § 21, 12-14-20)

TDC 43.310. - 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 43.320. - 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 RH 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% 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. 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 wholly 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, § 21, 11-25-19)