Sections 4.100 to 4.199 of this Code are enacted for the purpose of promoting public health, safety, comfort and general welfare; to encourage the most appropriate use of land; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to provide proper drainage; to facilitate adequate and economical provision of public improvements and services, and to conserve, stabilize, and protect property values; all in accordance with the Statewide Planning Goals and the City's Comprehensive Plan. The purpose is further to provide a method of administration and to prescribe penalties for violations of provisions hereafter described—all as authorized by the provisions of Oregon Revised Statues.

The provisions of Sections 4.100 to 4.199, shall be construed as the minimum requirements for the promotion of the public safety, health and general welfare. These Sections are not intended to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; provided, however, that where these Sections impose a greater restriction upon the use of buildings or premises or upon the height of buildings, or require larger space than is imposed or required by other Code Sections, rules or regulation, or by easement, covenants or agreements, the provisions of these Sections shall govern.

(.01)

The City is hereby divided into base zones or zoning districts, and overlay zones, as shown on the Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Code.

(.02)

The Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Recorder, together with the date of the adoption of this Code.

(.03)

No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this Code. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this Code and punishable as provided by law.

(.04)

Regardless of the existence of purported copies of the Official Zoning Map which may, from time to time, be made or published, the Official Zoning Map, which shall be located in the Office of the Planning Director, shall be the final authority as to the current zoning status of land and water areas, building, and other structures in the City.

(.05)

The perimeter boundaries of the Official Zoning Map and the City are intended to be identical to each other at all times, except when properties have been annexed to the City and not yet zoned by the City. New developments in such areas shall require completion of the zone change process before proceeding.

(.01)

The following Base Zones are established by this Code:

A.

Residential Agricultural H Holding, which shall be designated "RA-H".

B.

Residential, which shall be designated "R".

C.

Planned Development Residential, which shall be designated "PDR," and further divided into:

PDR-1

PDR-2

PDR-3

PDR-4

PDR-5

PDR-6

PDR-7

D.

Planned Development Commercial, which shall be designated "PDC."

E.

Planned Development Industrial, which shall be designated "PDI."

F.

Public Facility, which shall be designated "PF."

G.

Public Facility - Corrections, which shall be designated "PF-C."

H.

Village, which shall be designated "V".

I.

Residential Neighborhood, which shall be designated "RN". The RN zone is a Planned Development Residential zone.

J.

Town Center, which shall be designated "TC". The TC zone is a Planned Development zone.

(.02)

The following Overlay Zones, to be used in combination with the underlying base zones, are established by this Code.

A.

Solar-Friendly (S) overlay zone;

B.

Screening and Buffering (SB) overlay zone;

C.

Old Town (O) overlay zone; and

D.

Coffee Creek Industrial Design Overlay District (CCDOD).

(.03)

The use of any building or premises or the construction of any development shall be in conformity with the regulations set forth in this Code for each Zoning District in which it is located, except as provided in Sections 4.189 through 4.192.

(.04)

The General Regulations listed in Sections 4.150 through 4.199 shall apply to all zones unless the text indicates otherwise.

(Ord. No. 557, 9-5-2003; Ord. No. 806, 7-17-2017; Ord. No. 812, 2-22-2018; Ord. No. 835, 6-5-2019)

(.01)

Except where reference is made on said map to a street line, political boundary, section line, legal description, or other designated line by dimensions shown on said map or maps, the zone boundary lines are intended to follow property lines, lot lines, or centerlines of streets, private drives, alleys, streams, or railroads or the extension of such lines as they existed at the time of the adoption of this Code.

(.02)

Questions concerning the exact location of zone boundary lines shall be determined by the Planning Director, who may seek the advice of the City Attorney and/or Planning Commission in making the determination.

(.03)

Whenever any public way is vacated by official action as provided by law, the zone adjoining the side of such public way shall be automatically extended, depending on the side or sides to which such lands revert, to include the right-of-way thus vacated, which shall thenceforth be subject to all regulations of the extended zone or zones.

(Ord. No. 682, 9-9-2010)

(.01)

Open Space:

A.

Purpose. The purposes of the following standards for open space are to provide adequate light, air, open space and usable recreational facilities to occupants of each residential development.

B.

Applicability and Review.

1.

The open space standards of this subsection shall apply to all residential development with the following exceptions:

a.

Partitions for non-Multi-family development. However, serial or adjacent partitions shall not be used to avoid the open space requirements.

b.

Development within a previously approved Stage II Planned Development area so long as the Gross Development Area of the Stage II Planned Development area does not increase, the land being developed was previously designated for residential development, and there is no decrease in area of the previously approved required open space.

2.

The amount and location of open space required in this subsection is determined at the time of Stage II Final Plan review.

3.

The design of required open space is reviewed through Site Design Review.

C.

Area Required. The minimum open space area required in a development is an area equal to 25 percent of the size of the Gross Development Area except if reduced for shared parking pursuant to Subsection 4.155(.03)S.

D.

Required Open Space Characteristics:

1.

Size of Individual Open Spaces. For developments with ten or more lots buildable with dwelling units (or ten or more multi-family units) an open space area must be at least 2,000 square feet to be counted towards the 25 percent open space requirement. For developments with less than ten lots buildable with dwelling units (or less than ten multi-family units) an open space area must be at least 1,000 square feet to be counted towards the 25 percent open space requirement.

2.

Types of Open Space and Ownership. The following types of areas count towards the minimum open space requirement if they are or will be owned by the City, a homeowners' association or similar joint ownership entity, or the property owner for Multi-family Development.

a.

Preserved wetlands and their buffers, natural and/or treed areas, including those within the SROZ

b.

New natural/wildlife habitat areas

c.

Non-fenced vegetated stormwater features outside the public right-of-way

d.

Play areas and play structures

e.

Open grass area for recreational play

f.

Swimming and wading areas

g.

Other areas similar to a. through f. that are [publicly] accessible

h.

Walking paths besides required sidewalks in the public right-of-way or along a private drive.

3.

Usable open space requirements. Half of the minimum open space area, an area equal to 12.5 percent of the size of the Gross Development Area, shall be located outside the SROZ and be usable open space programmed for active recreational use. Any open space considered usable open space programmed for active recreation use shall meet the following requirements.

a.

Be designed by a registered professional landscape architect with experience designing residential park areas. An affidavit of such professional's credentials shall be included in the development application material.

b.

Be designed and programmed for a variety of age groups or other user groups.

4.

Enhancing Existing Wildlife Habitat through Design of Open Space:

a.

Open space designed, as wildlife habitat shall be placed adjacent to and connect to existing, preserved wildlife habitat to the extent feasible.

b.

To the extent feasible, open space shall create or enhance connections between existing wildlife habitat.

E.

Any dedication of land as public park land must meet City parks standards. The square footage of any open space land outside the SROZ and BPA easements, whether dedicated to the public or not, shall be considered part of the Gross Development Area.

F.

Approval of open space must ensure the long-term protection and maintenance of open space and/or recreational areas. Where such protection or maintenance are the responsibility of a private party or homeowners' association, the City Attorney shall review any pertinent bylaws, covenants, or agreements prior to recordation.

G.

The open space requirements of this subjection are subject to adjustments in PDR zones pursuant to Subsection 4.124(.08).

(.02)

Building Setbacks (for Fence Setbacks, see subsection .08). The following provisions apply unless otherwise provided for by the Code or a legislative master plan.

A.

For lots over 10,000 square feet:

1.

Minimum front yard setback: 20 feet.

2.

Minimum side yard setback: Ten feet. In the case of a corner lot less than 100 feet in width, abutting more than one street or tract with a private drive, the side yard on the street or private drive side of such lot shall be not less than 20 percent of the width of the lot, but not less than ten feet.

3.

In the case of a key lot, the front setback shall equal one-half the sum of depth of the required yard on the adjacent corner lot along the street or tract with a private drive upon which the key lot faces and the setback required on the adjacent interior lot.

4.

No structure shall be erected within the required setback for any future street shown within the City's adopted Transportation Master Plan or Transportation Systems Plan.

5.

Minimum setback to garage door or carport entry: 20 feet. Except, however, in the case of an alley where garages or carports may be located no less than four feet from the property line adjoining the alley.

6.

Minimum rear yard setback: 20 feet. Accessory buildings on corner lots must observe the same rear setbacks as the required side yard of the abutting lot.

7.

Cottage Cluster and ADU Setbacks: Setbacks in 1.—3. and 6. above do not apply to cottage clusters and ADUs. For cottage clusters and ADUs, minimum front, rear, and side setbacks are ten feet. Where an ADU is adjacent to an alley, it may meet the same setback as a garage taking alley access as established in 5. above. Garage setbacks in 5. above continue to apply regardless of relationship to a Cottage Cluster or ADU.

8.

Townhouse Setbacks: No setback is required along property lines where townhouses are attached.

B.

For lots not exceeding 10,000 square feet:

1.

Minimum front yard setback: 15 feet, with open porches allowed to extend to within ten feet of the property line.

2.

Minimum side yard setback: One story: five feet; Two or more stories: seven feet. In the case of a corner lot, abutting more than one street or tract with a private drive, the side yard on the street side of such lot shall be not less than ten feet.

3.

In the case of a key lot, the front setback shall equal one-half the sum of depth of the required yard on the adjacent corner lot along the street or tract with a private drive upon which the key lot faces and the setback required on the adjacent interior lot.

4.

No structure shall be erected within the required setback for any future street shown within the City's adopted Transportation Master Plan or Transportation Systems Plan.

5.

Minimum setback to garage door or carport entry: 20 feet. Wall above the garage door may project to within 15 feet of property line, provided that clearance to garage door is maintained. Where access is taken from an alley, garages or carports may be located no less than four feet from the property line adjoining the alley.

6.

Minimum rear yard setback: One story: 15 feet. Two or more stories: 20 feet. Accessory buildings on corner lots must observe the same rear setbacks as the required side yard of the abutting lot.

7.

Cottage Cluster and ADU Setbacks: Any minimum setback in 1.—3. or 6. above that would exceed ten feet for a cottage cluster or ADU shall be ten feet. Where an ADU is adjacent to an alley, it may meet the same setback as a garage taking alley access as established in 5. above. Garage setbacks in 5. above continue to apply regardless of relationship to a Cottage Cluster or ADU.

8.

Townhouse Setbacks: No setback is required along property lines where townhouses are attached.

(.03)

Height Guidelines. The Development Review Board may regulate heights as follows:

A.

Restrict or regulate the height or building design consistent with adequate provision of fire protection and fire-fighting apparatus height limitations.

B.

To provide buffering of low density developments by requiring the placement of buildings more than two stories in height away from the property lines abutting a low density zone.

C.

To regulate building height or design to protect scenic vistas of Mt. Hood or the Willamette River from greater encroachments than would occur if developed conventionally.

(.04)

Residential uses for treatment or training:

A.

Residential Homes, as defined in Section 4.001, shall be permitted in any location where a single-family dwelling is permitted.

B.

Residential Facilities, as defined in Section 4.001, shall be permitted in any location where multiple-family dwelling units are permitted.

(.05)

Residential Stormwater Design Standards:

A.

Purpose. The purpose of these standards is to protect the public health and welfare by appropriate management of stormwater to prevent flooding and property damage, and the pollution of streams, groundwater, wetlands, and other natural water features through the use of low impact development design and decentralized stormwater treatment and flow control as required by the City's National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) permit. The purpose of these standards, further, is to thoughtfully integrate the design of stormwater management facilities into the overall design of neighborhoods in a manner that mimics the predevelopment hydrology by treating and controlling the stormwater as close to the source as practicable. These standards work in concert with related Public Works Standards and intend to better integrate the Public Works Standards requirements with land use planning and site layout.

B.

Low Impact Development. All stormwater management facilities for treatment and flow control related to residential development shall follow low impact development design standards as described herein and in the City's Public Works Standards.

C.

Ownership and Maintenance. All stormwater management facilities shall be owned and maintained by a homeowners association or similar entity and are subject to ownership and maintenance agreements with the City.

D.

Sizing. Stormwater management facility sizing requirements shall be determined in accordance with the City's Public Works Standards. Use of impervious area reduction strategies in the Public Works Standards, including pervious hard surfaces and green roofs and tree credits, is encouraged.

E.

Locating. Stormwater management facilities are required to be dispersed and integrated with development in order for stormwater to be managed and treated close to the source mimicking predevelopment hydrology. Stormwater management facilities shall be located pursuant to 1. and 2. below while considering conflicting uses pursuant to 3. below. See also Subsection (.01) D. for the extent stormwater management facilities can be counted as required open space. No stormwater management facilities shall be counted as required usable open space in (.01) D. 3 unless a waiver is granted pursuant to Subsection G.

1.

High Priority Locations. Stormwater management facilities at locations listed a. through g. in no particular order shall, at minimum, have a combined surface area equal to the required sizing pursuant to Subsection D or ten percent of new and redeveloped impervious surface in the development, whichever is less.

a.

Street medians;

b.

Planter strips;

c.

Curb extensions or bulb outs on streets;

d.

Shoulder/planter areas up to 12 feet wide, as measured from the top of the facility, along midblock bike and pedestrian connections, and along other off-street trails;

e.

Facilities up to 12 feet wide, as measured from the top of the facility, around the edges of or within parks and open space;

f.

Separate tracts for stormwater management facilities that are either:

i.

No more than 12 feet in width, as measured from the top of the facility; or

ii.

Sized to serve an area no larger than four acres.

g.

Private yard areas on lots so long as all the following criteria are met:

i.

A stormwater management facility is not more than 12 feet wide, as measured from the top of the facility;

ii.

Foundations of habitable structures are not within five feet of a stormwater management facility; and

iii.

The yard area with the stormwater management facility is unfenced is visible and accessible from the street.

2.

Low priority. If additional stormwater management facilities are needed after meeting the minimum surface area requirement in 1. above, the following locations can also be used:

a.

Landscaped areas within five feet of multi-family residential and commercial building foundations; and

b.

Separate tracts for stormwater facilities besides those considered high priority under 1.f. above.

3.

Conflicting Uses To Be Located Prior to Stormwater Facilities. When locating stormwater facilities, particularly in locations 1.a., b. above, the locating of the following uses, according to established standards, shall occur prior to locating stormwater facilities on land not occupied by one of these uses.

a.

Street lights and other required lighting, including a buffer around the base of the light as required by Portland General Electric;

b.

Street trees and other required landscape trees, including associated mounds as established in the Public Works standards;

c.

Driveways and associated curb cuts; and

d.

Pedestrian walkways and bicycle paths.

4.

While not required to be located prior to stormwater facilities, the applicant is encouraged to plan for locating other potential conflicting uses when locating stormwater facilities to avoid later design changes to stormwater facilities. Such potential conflicting uses include but are not limited to: fire hydrants and fire department connections (FDCs); mailboxes; utility access structures, clean outs, pedestals, and vaults for public and franchise utilities; and public utility easements for gas, electricity, and communication.

F.

Prohibited Design Elements. To support the integration of stormwater facilities into site design, the following design elements are prohibited unless they are approved by the City Engineer, or designee, as part of a waiver request;

1.

Fences

2.

Retaining walls over two feet in height as measured from the bottom of the footing to the top of the wall.

G.

Waivers to the Standards of this Subsection. Waivers to the Residential Stormwater Design Standards in this Subsection shall be processed by the City Engineer, or designee, pursuant to Wilsonville Code Section 8.130 and are not subject to waiver review by the Development Review Board as established in Sections 4.118.

(.06)

Signs. Signs shall be governed by the provisions of Sections 4.156.01—4.156.11.

(.07)

Fences:

A.

The maximum height of a sight-obscuring fence located in the required front yard of a residential development shall not exceed four feet.

B.

The maximum height of a sight-obscuring fence located in the side yard of a residential lot shall not exceed four feet forward of the building line and shall not exceed six feet in height in the rear yard, except as approved by the Development Review Board. Except, however, that a fence in the side yard of residential corner lot may be up to six feet in height, unless a greater restriction is imposed by the Development Review Board acting on an application. A fence of up to six feet in height may be constructed with no setback along the side, the rear, and in the front yard of a residential lot adjoining the rear of a corner lot as shown in the attached Figure.

C.

Notwithstanding the provisions of Section 4.122(10)(a) and (b), the Development Review Board may require such fencing as shall be deemed necessary to promote and provide traffic safety, noise mitigation, and nuisance abatement, and the compatibility of different uses permitted on adjacent lots of the same zone and on adjacent lots of different zones.

D.

Fences in residential zones shall not include barbed wire, razor wire, electrically charged wire, or be constructed of sheathing material such as plywood or flakeboard.

E.

When fences create an enclosed side yard area five feet or less in width, gates or other openings shall be provided creating a through connection to either a rear yard or alley.

Figure 1 Fence Standards for Residential Development

(.08)

Corner Vision. Vision clearance shall be provided as specified in Section 4.177, or such additional requirements as specified by the City Engineer.

(.09)

Prohibited Uses:

A.

Uses of structures and land not specifically permitted in the applicable zoning districts.

B.

The use of a trailer, travel trailer or mobile coach as a residence, except as specifically permitted in an approved RV park.

C.

Outdoor advertising displays, advertising signs, or advertising structures except as provided in Sections 4.156.05, 4.156.07, 4.156.09, and 4.156.10.

(.10)

Accessory Dwelling Units:

A.

Accessory Dwelling Units, are permitted subject to standards and requirements of this Subsection.

B.

Standards:

1.

Number Allowed.

a.

For detached single-family dwelling units and for townhouses: One per dwelling unit.

b.

For all other dwelling units: None.

2.

Maximum Floor Area: per definition in Section 4.001, 800 square feet of habitable floor area. Per Subsection 4.138(.04)C.1., in the Old Town Overlay Zone the maximum is 600 square feet of habitable floor area. Larger units shall be subject to standards applied to duplex housing.

3.

Accessory dwelling units shall be on the same lot as the dwelling unit to which they are subordinate.

4.

Accessory Dwelling Units may be either attached or detached, but are subject to standards for the underlying zone except that ADUs are exempt from lot coverage maximums.

5.

Design Standards:

a.

Roof pitch shall be 4:12 to 12:12. No flat roofs allowed.

i.

Where the primary dwelling unit has a roof pitch of less than 4:12 the minimum roof pitch does not apply.

b.

Roof and siding materials shall match the respective material of one or more of the following: (1) the primary dwelling unit on the same lot, (2) a primary dwelling unit on an immediately adjacent lot, or (3) a primary dwelling unit within the same subdivision.

i.

For the purpose of the requirement to match material, fiber cement siding made to appear like wood, stucco, or masonry may be used to match wood, stucco, or masonry respectively.

c.

Where design standards established for a zone or overlay zone are more restrictive and/or extensive than a. and b. above the more restrictive and/or extensive design standards shall apply. This includes design standards for the Village (V) Zone, the Residential Neighborhood (RN) Zone, and the Old Town Overlay Zone.

6.

Authorization to develop Accessory Dwelling Units does not waive Building Code requirements. Increased firewalls or building separation may be required as a means of assuring adequate fire separation from one unit to the next. Applicants are encouraged to contact, and work closely with, the Building Division of the City's Community Development Department to assure that Building Code requirements are adequately addressed.

7.

Each accessory dwelling unit shall provide complete, independent permanent facilities for living, sleeping, eating, cooking, bathing and sanitation purposes, and shall have its own separate secure entrance.

8.

Accessory dwelling units may be short-term rentals, but the owner/local operator must be in compliance with Chapter 7 of Wilsonville Code, which may include an active business license with the City of Wilsonville for a short-term rental business and payment of all applicable lodging and other taxes.

(.11)

Reduced Setback Agreements. The following procedure has been created to allow the owners of contiguous residential properties to reduce the building setbacks that would typically be required between those properties, or to allow for neighbors to voluntary waive the solar access provisions of Section 4.137. Setbacks can be reduced to zero through the procedures outlined in this subsection.

A.

Examples:

1.

First example: the owner of one house is allowed to build to the sideyard property line, with no setback, provided that the owner of the neighboring property agrees and that the agreements of both owners are recorded with the deed records for those properties.

2.

Second example: the owner of one property is allowed to build a structure, or grow trees that are not solar friendly, shading an adjoining property beyond the amount that is permitted in Section 4.137.

B.

Standards:

1.

The use of the Reduced Setback Agreement procedure does not waive Building Code requirements. The Building Code may require increased firewall standards or increased setbacks on one property as a means of assuring adequate fire separation from the adjoining property. Applicants are advised to work with the Building Division of the Community Development Department prior to filing for approval of a Reduced Setback Agreement.

2.

Property owners using the Reduced Setback Agreement procedure have responsibility for notifying lien holders of the changes, for meeting all requirements of utility providers, and for avoiding conflicts with established easements.

3.

The Reduced Setback Agreement procedure shall require the approval of a Class I Administrative Review permit.

4.

Owners must provide accurate metes and bounds descriptions of all areas to be covered by non-construction easements.

5.

Nothing in this Section shall abrogate any easements or utility locations existing on the subject properties. The property owners are responsible for assuring that easements and utilities are not adversely affected by any construction that is anticipated.

(.12)

Bed and Breakfasts:

A.

Purpose. The purpose of this subsection is to provide standards for the establishment of bed and breakfast facilities. These regulations are intended to allow for a more efficient use of large, older houses in residential areas where the neighborhood character is preserved to maintain both the residential neighborhood experience and the bed and breakfast experience. These regulations enable owners to maintain large residential structures in a manner that keeps them primarily in residential use. The proprietor can take advantage of the scale and often the architectural and historical significance of a residence. The regulations also provide an alternative form of lodging for visitors who prefer a residential setting.

B.

Description:

1.

Bed and Breakfast Home. An operation conducted by the owner-occupant of a dwelling in an RA-H, R, or PDR zone, or of a one- or other district permitting residential uses, that provides not more than five rooms for paying guests on an overnight basis. Guest occupancy periods shall not exceed 14 consecutive days. The occupancy of such a bed and breakfast home is limited to two persons or one family per lodging unit or guest room.

2.

Operations that would otherwise meet the standards listed above for Bed and Breakfast Homes, but which exceed either the number of rooms available or the length of stay allowed, shall be subject to the same standards as hotels or motels, listed elsewhere in this Code.

C.

Where These Regulations Apply. The regulations of Section 4.113(.12) apply to bed and breakfast facilities in PDR, R, and RA-H zones.

D.

Conditional Use Review. Bed and breakfast facilities require a conditional use review, as specified in Section 4.184.

E.

Use-Related Regulations:

1.

Accessory Use. A bed and breakfast facility must be accessory to a household living use on the site. This means that the individual or family who operate the facility must occupy the house as their primary residence.

2.

Maximum size. Bed and Breakfast facilities are limited to a maximum of five bedrooms for guests and a maximum of six guests per night. In PDR-1, PDR-2, PDR-3, AND PDR-4 zones, bed and breakfast facilities over these size limits are prohibited.

3.

Services to guests:

a.

Food services may only be provided to overnight guests of a bed and breakfast facility.

b.

Serving alcohol to overnight guests is allowed. The proprietor may need Oregon Liquor Control Commission approval to serve alcohol at a bed and breakfast facility.

4.

Meetings and Social Gatherings:

a.

Commercial meetings. Activities including luncheons, banquets, parties, weddings, meetings, charitable fund raising, commercial or advertising activities, or other gatherings for direct or indirect compensation, are prohibited at a bed and breakfast facility.

b.

Private social gatherings. The residents of bed and breakfast facilities are allowed to have only four private social gatherings, parties, or meetings per year, for more than four guests. The private social gatherings must be hosted by and for the enjoyment of the residents. The bed and breakfast operator must log the dates these social gatherings are held. Private social gatherings for four or fewer guests are allowed without limit as part of a normal household living use at the site. All participants in the social gathering are counted as guests except for residents.

F.

Site-Related Standards:

1.

Development Standards. Bed and breakfast facilities must comply with the development standards of the base zone, overlay zones, and plan districts, if applicable.

2.

Appearance. Bed and breakfast homes or inns in residential zones must be compatible with the surrounding residential neighborhood. No alterations to the exterior of the house shall be for the purpose of establishing a more commercial building appearance shall be permitted except for routine maintenance, alterations not requiring a building permit, restoration or requirements related to safety or handicapped accessibility. There shall be no exterior indication of a business except for the one permitted sign.

3.

No cooking facilities are permitted in the individual guest rooms.

4.

Food service shall only be provided to guests taking lodging in the bed and breakfast home or inn.

5.

In PDR-1, PDR-2, PDR-3 or PDR-4 zones, no bed and breakfast home may be located on a lot closer than 500 feet from any other lot containing a bed and breakfast home, with only one such establishment permitted per block face.

6.

There shall be no more than one sign. Such sign shall not be self-illuminated and shall not exceed six square feet in area. Additional sign requirements described in Sections 4.156.02 through 4.156.10 of this Code shall be met.

7.

Each such use must obtain a Certificate of Occupancy from the Building Official before it commences.

8.

Bed and Breakfast facilities must comply with the off-street parking standards for commercial development found in Section 4.155.

9.

Bed and Breakfast facilities must comply with the landscaping standards for commercial development found in Section 4.176.

(.13)

The Planning Director and Development Review Board shall, in making their determination of compliance in attaching conditions, consider the effects of this action on the availability and cost of needed housing. The provisions of this section shall not be used in such a manner that additional conditions, either singularly or cumulatively, have the effect of unnecessarily increasing the cost of housing or effectively excluding a needed housing type. However, consideration of these factors shall not prevent the Board or Planning Director from imposing conditions of approval necessary to meet the minimum requirements of the Comprehensive Plan and Code.

(.14)

Design Standards for Detached Single-family and Middle Housing.

A.

The standards in this subsection apply in all zones, except as indicated in 1.— 3. below:

1.

The Façade Variety standards in Subsection C.1. do not apply in the Village Zone or the area regulated by the Frog Pond West Master Plan zoned Residential Neighborhood, as these zones/areas have their own variety standards, except that the variety standards do apply to middle housing development with multiple detached units on a single lot for which the variety standards of these zones/areas do not address.

2.

The entry orientation for triplexes, quadplexes, and townhouses in Subsections D.1-2. and E. 2-3. do not apply in the Village Zone or Residential Neighborhood Zone as these zones have their own related standards applicable to all single-family and middle housing.

3.

The window standards for triplexes, quadplexes, and townhouses in Subsection D. 2. And E. 3. do not apply in the Village Zone or the Frog Pond West neighborhood in the Residential Neighborhood Zone as these zones/areas have their own related standards applicable to all single-family and middle housing.

B.

For the purpose of this subsection the term "residential structure" is inclusive of a series of structures that are attached to one another such as a grouping of townhouses.

C.

Standards applicable to all residential structures except as noted in I. below.

1.

Façade Variety:

a.

Each public-facing façade of a residential structure shall differ from the public-facing façades of directly adjacent residential structures in at least one of the three ways listed in Subsection d. below.

b.

Where public-facing façades repeat on the same block, at least two residential structures with different public-facing façades shall intervene between residential structures with the same public-facing façades, with sameness defined by not differing in at least one of the three ways listed in Subsection d. below.

c.

For façades of residential structures facing a public street, the façade of any residential structures directly across the street shall differ in at least one of the three ways listed in Subsection d. below. Directly across means any residential structure façade intersected by imaginary lines extending the shortest distance across the street from the mid-point of a façade and from the edges of a façade. See Figure 1 below.

d.

A façade shall be considered different if it differs from another façade in at least one of the following ways:

i.

Variation in type, placement, or width of architectural projections (such as porches, dormers, or gables) or other features that are used to meet the Articulation standards in Subsection (.14)C.2.b or Subsection (.14)E.4. If adjacent or opposite façades feature the same projection type, the projections on adjacent/opposite façades must differ in at least one of the following ways:

•

At least 20 percent difference in width; or

•

Horizontally offset by at least five feet. For the purposes of this standard, "offset" means a measurable difference of at least five feet from the left edge of the projection to the left edge of the front façade or at least five feet from the right edge of the projection to the right edge of the front façade.

ii.

At least 20 percent of the façade (excluding glazing) is covered by different exterior finish materials. The use of the same material in different types of siding (e.g., cedar shingles vs. cedar lap siding) shall be considered different materials for the purpose of this standard.

iii.

Variation in primary paint color as determined by a LRVR (Light Reflectance Value) difference of at least 15 percent.

Figure 1. Determining If A Residential Structure is Directly Across the Street from Another

2.

Architectural Consistency and Interest.

a.

Architectural styles shall not be mixed within the same residential structure (a series of attached structures is one structure for the purpose of these standards). Architectural style consistency is defined by adherence to all of the following:

i.

Use of the same primary and supporting façade materials throughout the structure.

ii.

Use of no more than two roof pitch angles.

iii.

Use of the same door size for each primary entrance in the structure.

b.

Articulation. All public-facing façades of residential structures, other than townhouses, shall incorporate the following design elements at a minimum interval of every 30 feet, except as noted in 2.c. below. The minimum number of design elements is determined by dividing the façade length by 30 and rounding up to the nearest whole number. For townhouse articulation standards, see subsection (.14)E.4.

i.

varying rooflines.

ii.

offsets of at least 12 inches.

iii.

balconies.

iv.

projections of at least 12 inches and width of at least three feet.

v.

porches.

vi.

entrances that are recessed at least 24 inches or covered.

vii.

dormers at least three feet wide.

c.

For structures with two or more dwelling units, a single design element that spans at least 50 percent of the façade of two adjacent units can count as two articulation elements to meet the standard in subsection b. and can meet the standard for 60 feet of façade width (two adjacent 30 foot intervals). Such elements may overlap horizontally with other required design elements on the façade.

d.

Articulation Element Variety: Different articulation elements shall be used as provided below. For the purpose of this standard, a "different element" is defined as one of the following: a completely different element from the list in subsection 2.b above; the same type of element but at least 50 percent larger; or for varying rooflines, vertically offset by at least three feet.

i.

Where two to four elements are required on a façade, at least two different elements shall be used.

ii.

Where more than four elements are required on a façade, at least three different elements shall be used.

e.

Reductions to required windows percentage: The required percent of façade of a residential structure in the public-facing façade covered by windows or entry doors for single-family or middle housing in any zone may be reduced to the percentages that follows:

i.

For of 1.5 or 2-story façades facing the front or rear lot line:

•

12.5 percent if six of the design features in Subsection e.v. below are used.

•

Ten percent if seven or more of the design features in Subsection e.v. below are used.

ii.

For 1-story façades facing the front or rear lot line;

•

12.5 percent if less than six design features in Subsection e.v. are used

•

ten percent if six or more design features in Subsection e.v. are used

iii.

For façades facing a side lot line:

•

Five percent regardless of the number of design features

iv.

Glass block does not count towards meeting window and entry percentage

v.

Window reduction design features:

•

Dormers at least three feet wide.

•

Covered porch entry—minimum 48 square foot covered front porch, minimum six feet deep and minimum of a six foot deep cover. A covered front stoop with minimum 24 square foot area, four foot depth and hand rails meets this standard.

•

Front porch railing around at least two sides of the porch.

•

Second story balcony—projecting from the wall of the building a minimum of four feet and enclosed by a railing or parapet wall.

•

Roof overhang of eight inches or greater.

•

Columns, pillars or posts at least four inches wide and containing larger base materials.

•

Decorative gables—cross or diagonal bracing, shingles, trim, corbels, exposed rafter ends or brackets (does not include a garage gable if garage projects beyond dwelling unit portion of street façade).

•

Decorative molding above windows and doors.

•

Decorative pilaster or chimneys.

•

Bay or bow windows—extending a minimum of 12 inches outward from the main wall of a building and forming a bay or alcove in a room within the building.

•

Sidelight and/or transom windows associated with the front door or windows in the front door.

•

Window grids on all façade windows visible from behind fences (excluding any windows in the garage door or front door).

•

Maximum nine foot wide garage doors or a garage door designed to resemble two smaller garage doors and/or windows in the garage door (only applicable to street facing garages).

•

Decorative base materials such as natural stone, cultured stone or brick extending at least 36 inches above adjacent finished grade occupying a minimum of ten percent of the overall primary street facing façade. This design element does not count if behind a site-obscuring fence.

•

Entry courtyards which are visible from, and connected directly to, the street. Courtyards shall have a minimum depth of ten feet and minimum width of 80 percent of the non-garage/driveway building width to be counted as a design element.

D.

Standards applicable to Triplexes and Quadplexes except as noted in i. below.

1.

Entry Orientation.

a.

At least one main entrance for each triplex or quadplex must meet the standards in subsections b. and c. below.

b.

The entrance must be within eight feet of the longest street-facing exterior wall of the dwelling unit or if no exterior wall faces a street the front of the dwelling unit facing a common drive or open space as designated by the applicant; and

c.

The entrance must either:

i.

Face the street (see Figure 2. Main Entrance Facing the Street);

ii.

Be at an angle of up to 45 degrees from the street (see Figure 3. Main Entrance at 45 degree angle from the street); or

iii.

Open onto a porch (see Figure 4. Main Entrance Opening onto a Porch). The porch must:

•

Be at least 25 square feet in area; and

•

Have at least one entrance facing the street or have a roof.

Figure 2. Main Entrance Facing the Street

Figure 3. Main Entrance at 45° Angle from the Street

Figure 4. Main Entrance Opening onto a Porch

2.

Windows. A minimum of 15 percent of the area of all street-facing façades must include windows or entrance doors. Façades separated from the street property line by a dwelling are exempt from meeting this standard. See Figure 5. Window Coverage.

Figure 5. Window Coverage

3.

Garages and Off-Street Parking Areas. The combined width of all garages (measured from the interior of the garage door frame) and outdoor on-site parking and maneuvering areas shall not exceed a total of 50 percent of any street frontage (other than an alley) (see Figure 6. Width of Garages and Parking Areas).

Figure 6. Width of Garages and Parking Areas

4.

Driveway Approach. Driveway approaches must comply with all of the following:

a.

The total width of all driveway approaches must not exceed 32 feet per frontage, as measured at the property line (see Figure 7. Driveway Approach Width and Separation on Local Street). For lots or parcels with more than one frontage, see subsection c.

b.

Driveway approaches may be separated when located on a local street.

c.

In addition, lots or parcels with more than one frontage must comply with the following:

i.

Lots or parcels must access the street with the lowest transportation classification for vehicle traffic. For lots or parcels abutting an alley that is improved with a paved surface, access must be taken from the alley (see Figure 8. Alley Access).

ii.

Lots or parcels with frontages only on collectors and/or arterial streets must meet the access standards in the Wilsonville Public Works Standards.

iii.

Lots or parcels with frontages only on local streets may have either:

•

Two driveway approaches not exceeding 32 feet in total width on one frontage; or

•

One maximum 16-foot-wide driveway approach per frontage (see Figure 9. Driveway Approach Options for Multiple Local Street Frontages).

Figure 7. Driveway Approach Width and Separation on Local Street

Figure 8. Alley Access

Figure 9. Driveway Approach Options for Multiple Local Street Frontages

E.

Standards applicable to Townhouses.

1.

Number of Attached Dwelling Units.

a.

Minimum. A townhouse project must contain at least two attached units.

b.

Maximum. The maximum number of townhouse units that may be attached together to form a group is specified below.

•

R, OTR, PDR-1—PDR-3 Zones: maximum four attached units per group

•

RN, V, PDR-4—PDR-7 Zones: maximum eight attached units per group, except for initial development in Frog Pond West per Section 4.124.

2.

Entry Orientation. The main entrance of each townhouse unit must:

a.

Be within eight feet of the longest wall of the dwelling unit facing a street or private drive; and

b.

Either:

i.

Face the street or private drive (see Figure 2. Main Entrance Facing the Street);

ii.

Be at an angle of up to 45 degrees from the street or private drive (see Figure 3. Main Entrance at 45° Angle from the Street);

iii.

Face a common open space or private access or driveway that is abutted by dwellings on at least two sides; or

iv.

Open onto a porch (see Figure 4. Main Entrance Opening onto a Porch). The porch must:

A.

Be at least 25 square feet in area; and

B.

Have at least one entrance facing the street or private drive or have a roof.

3.

Windows. A minimum of 15 percent of the area of all public-facing façades on each individual unit must include windows or entrance doors. Half of the window area in the door of an attached garage may count toward meeting this standard. See Figure 5. Window Coverage.

4.

Unit definition. Each townhouse unit must include at least one of the items listed in a. through g. below on at least one public-facing façade (see Figure 10. Townhouse Unit Definition). Alternatively, if a single item from the list below spans across at least 50 percent of two adjacent townhouse units, it can meet the standard for two units.

a.

A roof dormer a minimum of four feet in width, or

b.

A balcony a minimum of two feet in depth and four feet in width and accessible from an interior room, or

c.

A bay window that extends from the façade a minimum of two feet, or

d.

An offset of the façade of a minimum of two feet in depth, either from the neighboring townhouse or within the façade of a single townhouse, or

e.

An entryway that is recessed a minimum of three feet, or

f.

A covered entryway with a minimum depth of four feet, or

g.

A porch meeting the standards of subsection (.14)E.2.b.iv.

Balconies and bay windows may encroach into a required setback area, pursuant to Section 4.180.

Figure 10. Townhouse Unit Definition

5.

Driveway Access and Parking. Townhouses with frontage on a street or private drive shall meet the following standards:

a.

Alley Access. Townhouse project sites abutting an alley that is improved with pavement shall take access to the rear of townhouse units from the alley rather than the public street.

b.

Front Access. Garages on the front façade of a townhouse, off-street parking areas in the front yard, and driveways in front of a townhouse are allowed if they meet the following standards (see Figure 11. Townhouses with Parking in Front Yard).

i.

Each townhouse lot has a street frontage of at least 20 feet on a local street.

ii.

A maximum of one driveway approach is allowed for every townhouse. Driveway approaches and/or driveways may be shared.

iii.

Outdoor on-site parking and maneuvering areas do not exceed 12 feet wide on any lot.

iv.

The garage width does not exceed 12 feet, as measured from the inside of the garage door frame.

Figure 11. Townhouses with Parking in Front Yard

c.

Shared Access. The following standards apply to driveways and parking areas for townhouse projects that do not meet all of the standards in subsections a. or b.

i.

Off-street parking areas shall be accessed on the back façade or located in the rear yard. No off-street parking shall be allowed in the front yard or side yard of a townhouse.

ii.

A townhouse project that includes a corner lot shall take access from a single driveway approach on the side of the corner lot. See Figure 12. Townhouses on Corner Lot with Shared Access.

Figure 12. Townhouses on Corner Lot with Shared Access

iii.

Townhouse projects that do not include a corner lot shall consolidate access for all lots into a single driveway. The driveway and approach are not allowed in the area directly between the front façade and front lot line of any of the townhouses. See Figure 13. Townhouses with Consolidated Access.

Figure 13. Townhouses with Consolidated Access

iv.

A townhouse project that includes consolidated access or shared driveways shall grant access easements to allow normal vehicular access and emergency access.

F.

Standards applicable to Cottage Clusters.

1.

Courtyard Required. All cottages within a single cottage cluster must share a common courtyard. A cottage cluster project may include more than one cluster and more than one common courtyard.

2.

Number of Dwellings.

a.

A single cottage cluster shall contain a minimum of four and a maximum of eight cottages.

3.

Setbacks.

a.

Building Separation. Cottages shall be separated by a minimum distance of six feet. The minimum distance between all other structures, including accessory structures, shall be in accordance with building code requirements.

b.

All other setbacks are provided in section (.02) or in the applicable base zone.

4.

Building Height. The maximum building height for all structures is 25 feet.

5.

Footprint. The maximum building footprint for each cottage is 900 square feet. Individual attached garages up to 200 square feet shall be exempted from the calculation of maximum building footprint.

6.

Maximum Habitable Floor Area. The maximum habitable floor area of each cottage is 1,400 square feet.

7.

Cottage Orientation. Cottages must be clustered around a common courtyard and must meet the following standards (see Figure 14. Cottage Cluster Orientation and Common Courtyard Standards:

a.

Each cottage within a cluster must either abut the common courtyard or must be directly connected to it by a pedestrian path.

b.

A minimum of 50 percent of cottages within a cluster must be oriented to the common courtyard and must:

i.

Have a main entrance facing the common courtyard;

ii.

Be within ten feet from the common courtyard, measured from the façade of the cottage to the nearest edge of the common courtyard; and

iii.

Be connected to the common courtyard by a pedestrian path.

c.

Cottages within 20 feet of a street property line may have their entrances facing the street.

d.

Cottages not facing the common courtyard or the street must have their main entrances facing a pedestrian path that is directly connected to the common courtyard.

8.

Common Courtyard Design Standards. Each cottage cluster must share a common courtyard in order to provide a sense of openness and community of residents. Common courtyards must meet the following standards (see Figure 14. Cottage Cluster Orientation and Common Courtyard Standards):

a.

The common courtyard must be a single, contiguous piece.

b.

Cottages must abut the common courtyard on at least two sides of the courtyard.

c.

The common courtyard must contain a minimum of 150 square feet per cottage within the associated cluster.

d.

The common courtyard must be a minimum of 15 feet wide at its narrowest dimension.

e.

The common courtyard shall be developed with a mix of landscaping, lawn area, pedestrian paths, and/or paved courtyard area, and may also include recreational amenities. Impervious elements of the common courtyard shall not exceed 75 percent of the total common courtyard area.

f.

Pedestrian paths must be included in a common courtyard. Paths that are contiguous to a courtyard shall count toward the courtyard's minimum dimension and area. Parking areas, required setbacks, and driveways do not qualify as part of a common courtyard.

Figure 14. Cottage Cluster Orientation and Common Courtyard Standards

9.

Community Buildings. Cottage cluster projects may include community buildings for the shared use of residents that provide space for accessory uses such as community meeting rooms, guest housing, exercise rooms, day care, or community eating areas. Community buildings must meet the following standards:

a.

Each cottage cluster is permitted one community building.

b.

The community building shall have a maximum floor area of 1,400 sf.

c.

A community building that meets the definition of a dwelling unit must meet the maximum 900 square foot footprint limitation that applies to cottages (pursuant to subsection (.14)(F.5.), unless a covenant is recorded against the property stating that the structure is not a legal dwelling unit and will not be used as a primary dwelling.

10.

Pedestrian Access.

a.

An accessible pedestrian path must be provided that connects the main entrance of each cottage to the following:

i.

The common courtyard;

ii.

Shared parking areas;

iii.

Community buildings; and

iv.

Sidewalks in public rights-of-way abutting the site or rights-of-way if there are no sidewalks.

b.

The pedestrian path must be hard-surfaced and a minimum of four feet wide.

11.

Windows. Cottages within 20 feet of a street property line must meet any window coverage requirements of the applicable base zone.

12.

Parking Design (see Figure 15. Cottage Cluster Parking Design Standards).

a.

Clustered parking. Off-street parking may be arranged in clusters, subject to the following standards:

i.

A parking cluster must not exceed five contiguous spaces.

ii.

Parking clusters must be separated from other spaces by at least four feet of landscaping.

iii.

Clustered parking areas may be covered.

iv.

Parking areas must also meet the standards in Subsections 4.155(.02)—(.03), except where they conflict with these standards.

b.

Parking location and access.

i.

Off-street parking spaces and vehicle maneuvering areas shall not be located between a street property line and the front façade of cottages located closest to the street property line. This standard does not apply to alleys.

ii.

Off-street parking spaces shall not be located within ten feet of any property line, except alley property lines.

iii.

Driveways and drive aisles are permitted within ten feet of property lines.

c.

Screening. Landscaping, fencing, or walls at least three feet tall shall separate clustered parking areas and parking structures from common courtyards and public streets.

d.

Garages and carports.

i.

Garages and carports (whether shared or individual) must not abut common courtyards.

ii.

Individual attached garages up to 200 square feet shall be exempted from the calculation of maximum building footprint for cottages.

iii.

Individual detached garages must not exceed 400 square feet in floor area.

iv.

Garage doors for attached and detached individual garages must not exceed 20 feet in width as measured from the interior of the garage door frame.

13.

Accessory Buildings. Accessory buildings must not exceed 400 square feet in floor area.

14.

Existing Structures. On a lot or parcel to be used for a cottage cluster project, an existing detached single-family detached dwelling on the same lot at the time of proposed development of the cottage cluster may remain within the cottage cluster project area under the following conditions:

a.

The existing dwelling may be nonconforming with respect to the requirements of this subsection (.14)F.

b.

The existing dwelling may be expanded up to a maximum height of 25 feet or a maximum building footprint of 900 square feet; however, existing dwellings that exceed these maximum height and/or footprint standards may not be expanded.

c.

The existing dwelling shall be excluded from the calculation of orientation toward the common courtyard, per subsection (.14)F.7.b.

Figure 15. Cottage Cluster Parking Design Standards

G.

Standards applicable to Cluster Housing besides Cottage Clusters.

1.

Architectural Consistency. Architecture shall be consistent within the same two-unit, three-unit, or four-unit cluster. However, facade variety standards in Subsection (.14)C.1. shall continue to apply. Architectural consistency is defined by adherence to all of the following:

a.

Use of the same primary and supporting façade materials throughout the cluster.

b.

Use of no more than two roof pitch angles.

c.

Use of the same door size for each primary entrance in the structures.

2.

Entry Orientation.

a.

The entry orientation standards apply as follows:

i.

At least one main entrance for each cluster home must meet the standards in subsections b and c below.

b.

The entrance must be within eight feet of the longest street-facing exterior wall of the dwelling unit or if no exterior wall faces a street the front of the dwelling unit, facing a common drive or open space as designated by the applicant; and

c.

The entrance must either:

i.

Face the street (see Figure 2. Main Entrance Facing the Street);

ii.

Be at an angle of up to 45 degrees from the street (see Figure 3. Main Entrance at 45° Angle from the Street); or

iii.

Open onto a porch (see Figure 4. Main Entrance Opening onto a Porch). The porch must:

•

Be at least 25 square feet in area; and

•

Have at least one entrance facing the street or have a roof.

3.

Windows. A minimum of 15 percent of the area of all street-facing facades must include windows or entrance doors. Facades separated from the street property line by a dwelling are exempt from meeting this standard. See Figure 5. Window Coverage.

4.

Garages and Off-Street Parking Areas. The combined width of all garages (measured from the interior of the garage door frame) and outdoor on-site parking and maneuvering areas shall not exceed a total of 50 percent of any street frontage (other than an alley). Garages and off-street parking areas that are separated from the street property line by a dwelling are not subject to this standard. (See Figure 6. Width of Garages and Parking Areas).

5.

Driveway Approach. Driveway approaches must comply with all of the following:

a.

The total width of all driveway approaches must not exceed 32 feet per frontage, as measured at the property line (see Figure 7. Driveway Approach Width and Separation on Local Street). For lots or parcels with more than one frontage, see subsection c.

b.

Driveway approaches may be separated when located on a local street.

c.

In addition, lots or parcels with more than one frontage must comply with the following:

i.

Lots or parcels must access the street with the lowest transportation classification for vehicle traffic. For lots or parcels abutting an alley that is improved with pavement access must be taken from the alley (see Figure 8. Alley Access).

ii.

Lots or parcels with frontages only on collectors and/or arterial streets must meet the access standards in the Wilsonville Public Works Standards.

iii.

Lots or parcels with frontages only on local streets may have either:

•

Two driveway approaches not exceeding 32 feet in total width on one frontage; or

•

One maximum 16-foot-wide driveway approach per frontage (see Figure 9. Driveway Approach Options for Multiple Local Street Frontages).

6.

Setbacks.

a.

Building Separation. Cluster housing structures shall be separated by a minimum distance of six feet. The minimum distance between all other structures, including accessory structures, shall be in accordance with building code requirements.

b.

All other setbacks are provided in the applicable base zone.

7.

Pedestrian Access.

a.

An accessible pedestrian path must be provided that connects the main entrance of each unit to the following:

i.

Shared open space;

ii.

Shared parking areas; and

iv.

Sidewalks in public rights-of-way abutting the site or rights-of-way if there are no sidewalks.

b.

The pedestrian path must be hard-surfaced and a minimum of four feet wide.

H.

Combining Unit Types in One Development.

1.

If a project proposes a mix of middle housing types which creates a conflict with various standards, the more restrictive standards shall apply.

I.

Existing Structures and Conversions:

1.

Where a residential structure is converted from one type of dwelling unit to another without any additions, the design standards in C.—H. do not apply.

2.

Where a residential structure is added on to, the design standards in C.—H. only apply if the footprint is expanded by 25 percent or more.

J.

Alternative Discretionary Review: As an alternative to meeting one or more design standards of this subsection an applicant may request a waiver as part of Site Design Review by the Development Review Board of a proposed design. In addition to the waiver criteria in Sections 4.118 and 4.140 and applicable Site Design Review Standards, affirmative findings shall be made that the following standards are met:

1.

The request is compatible with existing surrounding development in terms of placement of buildings, scale of buildings, and architectural design;

2.

The request is due to special conditions or circumstances that make it difficult to comply with the applicable Design Standards, or the request would achieve a design that is superior to the design that could be achieved by complying with the applicable Design Standards;

3.

The request continues to comply with and be consistent with State statute and rules related to Middle Housing, including being consistent with State definitions of different Middle Housing types; and

4.

The request remains substantially consistent with any legislative master plan the property is included within.

(.15)

Design Standards for Multi-Family Housing:

A.

Purpose and Intent. The purpose of the multi-family design standards is to create and maintain street frontages that are varied and attractive, create an environment that is conducive to walking, and provide natural surveillance of public spaces. The standards will also promote building details in multi-family development that provide visual interest, contribute to a high-quality living environment for residents, give a sense of quality and permanence, and enhance compatibility with the surrounding community. The design standards also aim to create consistency with design standards for other residential unit types that multi-family housing may be built adjacent to.

B.

Applicability. These standards apply to all multi-family development except for the following:

1.

Mixed-use buildings that include ground floor non-residential uses or live-work units and multi-family residential above.

2.

Multi-family buildings in the Village and Town Center Zones which are subject to zone-specific standards in Section 4.125 or 4.132, respectively.

C.

Entrance Orientation.

1.

At least one main entrance for each multi-family structure must either meet the standards in subsections a. and b. below, or must meet the alternative standard in subsection C.2.

a.

The entrance must be within eight feet of the longest street-facing exterior wall of the structure; and

b.

The entrance must either:

i.

Face the street;

ii.

Be at an angle of up to 45 degrees from the street; or

iii.

Open onto a porch. The porch must:

a.

Be at least 25 square feet in area; and

b.

Have at least one entrance facing the street or have a roof.

2.

Alternative standard. As an alternative to subsection 1., a main entrance to a multi-family structure may face a courtyard if the courtyard-facing entrance is located within 60 feet of a street and the courtyard meets the following standards:

a.

The courtyard must be at least 15 feet in width;

b.

The courtyard must abut a street; and

c.

The courtyard must be landscaped or hard-surfaced for use by pedestrians.

D.

Windows. A minimum of 15 percent of the area of all public-facing façades must consist of windows or entrance doors, including associated frames and trim. Façades separated from the street or public space by a dwelling are exempt from meeting this standard. Required windows shall be clear glass and not mirrored or frosted, except for bathrooms.

E.

Articulation.

1.

Minimum Articulation. All public-facing façades shall incorporate a selection of the following design elements at a minimum interval of every 30 feet. The minimum number of design elements from this list that will be required is determined by dividing the façade length (in feet) by 30 and rounding up to the nearest whole number.

a.

Varying rooflines.

b.

Offsets of at least 12 inches.

c.

Balconies.

d.

Projections of at least 12 inches and width of at least three feet.

e.

Porches.

f.

Entrances that are recessed at least 24 inches or covered.

g.

Dormers at least three feet wide.

2.

Articulation Element Variety. Different articulation design elements shall be used as provided below, based on the length of the facade. For the purpose of this standard, a "different element" is defined as one of the following: a completely different element from the list in subsection E.1. above; the same element but at least 50 percent larger; or varying rooflines that are vertically offset by at least three feet.

a.

Where two to four elements are required on a façade by E.1., at least two different elements shall be used.

b.

Where more than four elements are required on a façade by E.1., at least three different elements shall be used.

F.

Pedestrian Access and Circulation. The following standards are intended to ensure safe and efficient circulation for pedestrians within multi-family development.

1.

Each multi-family development shall contain an internal pedestrian circulation system that makes connections between individual units and parking areas, green focal points and other common open space areas, children's play areas, and public rights-of-way. All pedestrian connections (walkways) shall meet the following standards:

a.

Except as required for crosswalks, per subsection 3., where a walkway abuts a vehicle circulation area, it shall be physically separated by a curb that is raised at least six inches or by bollards.

b.

Walkways shall be constructed of concrete, asphalt, brick or masonry pavers, or other hard surface, and not less than five feet wide.

2.

All walkways shall comply with the requirements of the Americans with Disabilities Act.

3.

In order to provide safe crossings of driveways and parking areas, crossings shall be clearly marked with either contrasting paving materials (such as pavers, light-color concrete inlay between asphalt, or similar contrasting material) or reflective striping that emphasizes the crossing under low light and inclement weather conditions.

4.

Pedestrian connections shall be provided between buildings within the development, and between the development and adjacent rights-of-way, transit stops, parks, schools, and commercial developments. At least one connection shall be made to each adjacent street and sidewalk for every 200 linear feet of street frontage. Sites with less than 200 linear feet of street frontage shall provide at least one connection to the street and/or sidewalk.

G.

Off-Street Parking Location and Design. The following standards are intended to support a pedestrian-friendly street environment and to minimize the visual impacts of parking areas and garages.

1.

Off-street parking spaces and drive aisles shall not be located in the Front Yard.

2.

Off-street parking areas shall not occupy more than 50 percent of the total length of each street frontage as measured 20 feet from the street property line. Drive aisles are only counted as parking areas if:

a.

parking spaces adjacent to the drive aisle are provided; and

b.

the drive aisle is between a building and street.

3.

Off-street parking spaces shall not be located within ten feet of any property line, except alley property lines. Driveways and drive aisles necessary to connect to the street are permitted within ten feet of property lines.

4.

Landscaping, fencing, or walls at least three feet tall shall separate parking areas from useable open space, green focal points, and public streets (except alleys).

5.

If garages are attached to a street-facing facade, they may not be located closer to the street property line than the building facade.

6.

Driveways associated with attached garages that take direct individual access from a public or private street must meet the townhouse driveway and access standards in Subsection 4.113(.14)E.5. For the purpose of those standards, each individual multi-family garage shall meet the standards applicable to a townhouse or townhouse lot.

(Ord. No. 677, 3-1-2010; Ord. No. 682, 9-9-2010; Ord. No. 704, 6-18-2012; Ord. No. 806, 7-17-2017; Ord. No. 825, 10-15-2018; Ord. No. 841, eff. 6-4-2020; Ord. No. 892 meeting, § 2(Exh. A), 12-2-2024)

(Ord. No. 538, 2-21-2002)

Any commercial use shall be subject to the applicable provisions of this Code and to the following, unless otherwise provided for by a specific zone, overlay zone or a legislative master plan:

(.01)

Commercial developments shall be planned in the form of centers or complexes as provided in the City's Comprehensive Plan. As noted in the Comprehensive Plan, Wilsonville's focus on centers or complexes is intended to limit strip commercial development.(.02) Where the land use map of Wilsonville's Comprehensive Plan calls for "Office Commercial" development, not less than 60 percent of the total square footage of the ground floors of buildings within the development shall be in office use. Total floor area dedicated to retail use shall not exceed 30 percent. On-site parking may be limited in order to control traffic generation.

(.03)

Where the land use map of Wilsonville's Comprehensive Plan calls for "Commercial/Industrial mixed use" development, not more than 50 percent of the total floor area of the development shall consist of retail space.

(.04)

Where the land use map of Wilsonville's Comprehensive Plan calls for "Residential/Commercial mixed use" development, not less than 50 percent of the total floor area of the development shall consist of residential units.

(.05)

All businesses, service or processing, shall be conducted wholly within a completely enclosed building; except for:

A.

The sale of automotive fuel, lubricants, and fluids at service stations.

B.

Car washes and car vacuum bays.

C.

Off-street parking for customers and employees and off-street loading.

D.

Outdoor seating areas associated with food and drink establishments on private property, or on public easements, provided the area and activities conform to ADA standards and do not interfere with public uses, safety, access or circulation.

E.

Temporary staging of inventory, as shall be authorized through a site development permit, complying with the following additional minimum development and performance standards:

1.

The staging area shall be screened by a fully sight obscuring fence or planting, high wall, high berm or high screen landscape standard as specified in Section 4.176—Landscaping Screening and Buffering;

2.

All parts of the staged inventory shall be completely concealed on all sides from public view at the right-of-way line; and

3.

The staged inventory shall be relocated into a completely enclosed structure of the primary retail operation within 48 hours of placement.

F.

Exterior sales that are specifically authorized through temporary use permit approval, subject to conditions of approval. Exterior sales that may be permitted are those that are limited in time duration, such as sidewalk sales, grand openings, or farmers' markets.

G.

Exterior sales areas, complying with the following minimum development and performance standards:

1.

The sales area shall be accessory to, and shall not exceed five percent of the floor area of the primary retail operation.

2.

The sales area shall be completely covered by a permanent structure of a design, construction and architecture compatible with that of the structure of the primary retail operation.

3.

All required ADA and pedestrian access ways and circulation aisles shall remain clear at all times.

4.

For new development, the Development Review Board may grant a waiver to allow exterior sales area of up to ten percent of the floor area of the primary retail operation, provided that findings can be made that:

a.

The expanded covered area has received approval through a Stage II/Site Design Review process.

b.

The expanded area does not detract from the overall character of the development or the surrounding neighborhood.

c.

Partial walls are required for screening large or bulky items.

5.

For Development existing on December 21, 2005, the Planning Director, pursuant to a Class II Administrative Review Process, may grant a waiver to allow exterior sales areas of up to ten percent of the floor area of the primary retail operation, provided that findings can be made that:

a.

The expanded area does not detract from the overall character of the area,

b.

Partial walls are required for screening large or bulky items.

(.06)

In any Commercial Development directly across the street from any Residential District, the loading facilities shall be at least 20 feet from the street, shall be sited whenever practicable at the rear or side, and if facing a residential area, shall be properly screened. Screening shall be provided in a manner that is compatible with the adjacent residential development in terms of quality of materials and design. Such screening shall effectively minimize light glare and noise levels to those of adjacent residential areas.

(.07)

Uses shall be limited to those which will meet the performance standards specified in Section 4.135(.05), with the exception of 4.135(.05)(M.)(3.).

(.08)

Corner lots shall conform to the vision clearance standards set forth in Section 4.177.

(.09)

Trailer, trailer houses, mobile coaches, or any altered variation thereof shall not be used for the purpose of conducting a trade or calling or for storage of material unless approved for such purpose as a temporary use.

(.10)

Commercial developments generally:

A.

[Right-of-way line.] No structure shall be erected closer than the right-of-way line then existing or the officially planned right-of-way of any public, county, or state road.

B.

Minimum Front Yard Setback. None required except when front yard abuts a more restrictive district. When front yard abuts a more restrictive district, setbacks shall be the same as the abutting district.

C.

Minimum Rear Yard Setback. None required except when rear yard abuts a more restrictive district. When rear yard abuts a more restrictive district, setbacks shall be the same as for the abutting district.

D.

Minimum Side Yard Setback. None required except when side yard abuts a more restrictive district. When side yard abuts a more restrictive district, setbacks shall be one and one-half times the setback required for the abutting district.

E.

Maximum Building Height. 35 feet, unless taller buildings are specifically allowed in the zone.

F.

Minimum Lot Size. No limitation, save and except as may otherwise be affected by other provisions of this Code.

G.

Maximum Lot Coverage. No limitation, save and except as may otherwise be affected by other provisions of this Code.

H.

Minimum Street Frontage. No limitation, save and except as may be necessary to provide minimum access requirements.

(.11)

Hotels or Motels:

A.

Minimum Lot Size. 1,000 square feet for each unit.

B.

Minimum Street Frontage. 100 feet.

C.

Front Yard Setback. 30 feet, unless located in the Old Town overlay zone, in which case the standards of the overlay zone shall apply. Structures on corner lots shall observe the minimum setback on both streets or tracts with a private drive.

D.

Minimum Rear Yard Setback. 30 feet.

E.

Minimum Side Yard Setback. 24 feet.

(.12)

Off-Street Parking is to be as specified in Section 4.155.

(.13)

Signs are subject to the standards of Sections 4.156.01 through 4.156.11.

(.14)

Prohibited Uses:

A.

The use of a trailer, trailer house, or mobile coach as a residence is prohibited except where approved within an RV park or approved as a temporary use during construction.

B.

Any use that violates the performance standards of Section 4.135(.05), other than 4.135(.05)(M.)(3.) is prohibited within commercial developments.

(Ord. No. 580, 4-4-2005; Ord. No. 601, 11-21-2005; Ord. No. 682, 9-9-2010; Ord. No. 704, 6-18-2012; Ord. No. 835, 6-5-2019)

(.01)

All industrial developments, uses, or activities are subject to performance standards. If not otherwise specified in the Planning and Development Code, industrial developments, uses, and activities shall be subject to the performance standards specified in Section 4. 135 (.05) (PDI Zone).

(.01)

Height Guidelines. In "S" overlay zones, the solar access provisions of Section 4.137 shall be used to determine maximum building heights. In cases that are subject to review by the Development Review Board, the Board may further regulate heights as follows:

A.

Restrict or regulate the height or building design consistent with adequate provision of fire protection and fire-fighting apparatus height limitations.

B.

To provide buffering of low density developments by requiring the placement of three or more story buildings away from the property lines abutting a low density zone.

C.

To regulate building height or design to protect scenic vistas of Mt. Hood or the Willamette River.

D.

In no case shall the height of duplexes, triplexes, fourplexes, or townhouses be limited to less than the maximum height allowed for detached single-family dwellings in the same zone. In addition, in no case shall the height of triplexes, fourplexes, or townhouses be limited to less than 25 feet.

(.02)

Underground Utilities shall be governed by Sections 4.300 to 4.320. All utilities above ground shall be located so as to minimize adverse impacts on the site and neighboring properties.

(.03)

Notwithstanding the provisions of Section 4.140 to the contrary, the Development Review Board, in order to implement the purposes and objectives of Section 4.140, and based on findings of fact supported by the record may:

A.

Waive the following typical development standards:

1.

Minimum lot area;

2.

Lot width and frontage;

3.

Height and yard requirements;

4.

Lot coverage;

5.

Lot depth;

6.

Street widths;

7.

Sidewalk requirements;

8.

Height of buildings other than signs;

9.

Parking space configuration and drive aisle design;

10.

Minimum number of parking or loading spaces;

11.

Shade tree islands in parking lots, provided that alternative shading is provided;

12.

Fence height;

13.

Architectural design standards, including residential design standards;

14.

Transit facilities;

15.

On-site pedestrian access and circulation standards;

16.

Solar access standards, as provided in section 4.137;

17.

Open space in the Frog Pond West Neighborhood in the Residential Neighborhood zone; and;

18.

Lot orientation.

B.

The following shall not be waived by the Board, unless there is substantial evidence in the whole record to support a finding that the intent and purpose of the standards will be met in alternative ways:

1.

Open space requirements in residential areas, except that the Board may waive or reduce open space requirements in the Frog Pond West Neighborhood in the Residential Neighborhood zone. Waivers in compliance with [Section] 4.127(.08)(B)(2)(d);

2.

Minimum density standards and housing variety standards in residential zones. The required minimum density may be reduced by the Board in the Residential Neighborhood zone in compliance with [Section] 4.127(.06) B; and

3.

Minimum landscape, buffering, and screening standards.

C.

The following shall not be waived by the Board, unless there is substantial evidence in the whole record to support a finding that the intent and purpose of the standards will be met in alternative ways, and the action taken will not violate any applicable federal, state, or regional standards:

1.

Maximum number of parking spaces;

2.

Standards for mitigation of trees that are removed;

3.

Standards for mitigation of wetlands that are filled or damaged; and

4.

Trails or pathways shown in the Parks and Recreation Master Plan.

D.

Locate individual building, accessory buildings, off-street parking and loading facilities, open space and landscaping and screening without reference to lot lines; and

E.

Adopt other requirements or restrictions, inclusive of, but not limited to, the following, except that no additional requirements or restrictions can conflict with established clear and objective standards for residential development or be grounds for denying a residential development proposal when the applicant has selected the clear and objective path for approval:

1.

Percent coverage of land by buildings and structures in relationship to property boundaries to provide stepped increases in densities away from low-density development.

2.

Parking ratios and areas expressed in relation to use of various portions of the property and/or building floor area.

3.

The locations, width and improvement of vehicular and pedestrian access to various portions of the property, including portions within abutting street or private drive.

4.

Arrangement and spacing of buildings and structures to provide appropriate open spaces around buildings.

5.

Location and size of off-street loading areas and docks.

6.

Uses of buildings and structures by general classification, and by specific designation when there are unusual requirements for parking, or when the use involves noise, dust, odor, fumes, smoke, vibration, glare or radiation incompatible with present or potential development of surrounding property. Such incompatible uses may be excluded in the amendment approving the zone change or the approval of requested permits.

7.

Measures designed to minimize or eliminate noise, dust, odor, fumes, smoke, vibration, glare, or radiation which would have an adverse effect on the present or potential development on surrounding properties.

8.

Schedule of time for construction of the proposed buildings and structures and any stage of development thereof to insure consistency with the City's adopted Capital Improvements Plan and other applicable regulations.

9.

A waiver of the right of remonstrance by the applicant to the formation of a Local Improvement District (LID) for streets, utilities and/or other public purposes.

10.

Modify the proposed development in order to prevent congestion of streets and/or to facilitate transportation.

11.

Condition the issuance of an occupancy permit upon the installation of landscaping or upon a reasonable scheduling for completion of the installation of landscaping. In the latter event, a posting of a bond or other security in an amount equal to 110 percent of the cost of the landscaping and installation may be required.

12.

A dedication of property for streets, pathways, and bicycle paths in accordance with adopted Facilities Master Plans or such other streets necessary to provide proper development of adjacent properties.

(.04)

The Planning Director and Development Review Board shall, in making their determination of compliance in attaching conditions, consider the effects of this action on availability and cost. The provisions of this section shall not be used in such a manner that additional conditions, either singularly or cumulatively, have the effect of unnecessarily increasing the cost of development. However, consideration of these factors shall not prevent the Board from imposing conditions of approval necessary to meet the minimum requirements of the Comprehensive Plan and Code.

(.05)

The Planning Director, Development Review Board, or on appeal, the City Council, may as a condition of approval for any development for which an application is submitted, require that portions of the tract or tracts under consideration be set aside, improved, conveyed or dedicated for the following uses:

A.

Recreational Facilities: The Director, Board, or Council, as the case may be, may require that suitable area for parks or playgrounds be set aside, improved or permanently reserved for the owners, residents, employees or patrons of the development consistent with adopted Park standards and Parks and Recreation Master Plan.

B.

Open Space Area: Whenever private and/or common open space area is provided, the City shall require that an association of owners or tenants be established which shall adopt such Articles of Incorporation, By-Laws or other appropriate agreement, and shall adopt and impose such Declaration of Covenants and Restrictions on such open space areas and/or common areas that are acceptable to the Development Review Board. Said association shall be formed and continued for the purpose of maintaining such open space area. Such an association, if required, may undertake other functions. It shall be created in such a manner that owners of property shall automatically be members and shall be subject to assessments levied to maintain said open space area for the purposes intended. The period of existence of such association shall be not less than 20 years and it shall continue thereafter and until a majority vote of the members shall terminate it, and the City Council formally votes to accept such termination.

C.

Easements: Easements necessary to the orderly extension of public utilities, and the protection of open space, may be required as a condition of approval. When required, such easements must meet the requirements of the City Attorney prior to recordation.

(.06)

Nothing in this Code shall prevent the owner of a site that is less than two acres in size from filing an application to rezone and develop the site as a Planned Development. Smaller properties may or may not be suitable for such development, depending upon their particular sizes, shapes, locations, and the nature of the proposed development, but Planned Developments shall be encouraged at any appropriate location.

(.07)

Density Transfers. In order to protect significant open space or resource areas, the Development Review Board may authorize the transfer of development densities from one portion of a proposed development to another. Such transfers may go to adjoining properties, provided that those properties are considered to be part of the total development under consideration as a unit.

(.08)

Wetland Mitigation and other mitigation for lost or damaged resources. The Development Review Board may, after considering the testimony of experts in the field, allow for the replacement of resource areas with newly created or enhanced resource areas. The Board may specify the ratio of lost to created and/or enhanced areas after making findings based on information in the record. As much as possible, mitigation areas shall replicate the beneficial values of the lost or damaged resource areas.

(.09)

Habitat-Friendly Development Practices. To the extent practicable, development and construction activities of any lot shall consider the use of habitat-friendly development practices, which include:

A.

Minimizing grading, removal of native vegetation, disturbance and removal of native soils, and impervious area;

B.

Minimizing adverse hydrological impacts on water resources, such as using the practices described in Part (a) of Table NR-2 in Section 4.139.03, unless their use is prohibited by an applicable and required state or federal permit, such as a permit required under the federal Clean Water Act, 33 U.S.C. §§ 1251 et seq., or the federal Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., and including conditions or plans required by such permit;

C.

Minimizing impacts on wildlife corridors and fish passage, such as by using the practices described in Part (b) of Table NR-2 in Section 4.139.03; and

D.

Using the practices described in Part (c) of Table NR-2 in Section 4.139.03.

(Ord. No. 674, 11-16-2009; Ord. No. 682, 9-9-2010; Ord. No. 719, 6-17-2013; Ord. No. 806, 7-17-2017; Ord. No. 892 meeting, § 2(Exh. A), 12-2-2024)

(.01)

Purpose. It is the purpose of this zone to serve as a holding zone to preserve the future urban level development potential as undeveloped or underdeveloped property designated for more intensive development. This zone has been applied to all urbanizable properties within the City which are planned for development and which have not previously received development approval in accordance with the Comprehensive Plan.

(.02)

Where zone can be applied. No land zoned one of the other zoning designations in Wilsonville's Development Code can be rezoned to FDA-H.

(.03)

Uses Permitted Outright:

A.

One single-family dwelling, per lot and accessory dwelling units subject to the standards of Section 4.113(.10). Where the Comprehensive Plan calls for future non-residential zoning of the site, the building permit for any proposed residential development shall not be granted until a statement has been recorded applying to the title of the subject property, notifying any potential buyer that future development in the area is expected to be non-residential.

B.

Except for existing lots of record of less than two acres, recorded prior to the effective date of this Code, partitioning or subdivision of properties designated for development shall only be considered in conjunction with or following a zone change in conformance with the Comprehensive Plan. Said zoning shall confirm the adequate provision of public facilities and the protection of future urban development potentials.

C.

If the proposed development is for a less intensive interim density consisting of large lots, a pre-plat and Site Plan review shall be required that provides for future development of the property in accordance with the uses and densities shown in the Comprehensive Plan. Said plat shall be filed on the City's Lien Docket as an obligation toward the property, together with an agreement of non-remonstrance towards the formation of any local improvement district which may serve the subject site.

D.

For properties designated in the City's Comprehensive Plan for nonresidential use, the intensity of use shall be restricted to activities which do not require construction of a permanent structure and which will not tend to restrict, obstruct, or adversely affect the future development of the property for its designated use. Except, however, that the development of a single-family dwelling shall be permitted as specified in subsection (.03)A., above.

E.

Temporary structures or uses, subject to the procedures for temporary uses set forth in Section 4.163.

F.

Agriculture, horticulture, greenhouses, nurseries (provided that any commercial sales of products shall require the approval of a conditional use permit), timber growing, grazing, and the small scale raising of livestock and animals.

G.

Public parks, playgrounds, recreational and community buildings and grounds, public golf courses, tennis courts, and similar recreational uses, all of a non-commercial nature. Any principal building or public swimming pool shall be located not less than 45 feet from any other lot in a residential or RA-H district.

H.

Accessory Uses Permitted:

1.

Accessory uses, buildings and structures customarily incidental to any of the aforesaid principal uses permitted located on the same lot therewith.

2.

Home occupations.

3.

Signs, subject to the provisions of Sections 4.156.01 through 4.156.11.

(.04)

Uses Permitted Subject to receiving approval of a Conditional Use Permit:

A.

Private parks, municipal and government buildings, public utilities, public information centers, semi-public buildings of a non-commercial nature, churches, public, private, and parochial schools as provided in Section 4.184 when approved by the Development Review Board at a Public Hearing as provided in Section 4.013.

B.

Roadside stands when located on the same property as the principal uses, selling only those products that are produced on the same property on which the stand is located, or on adjacent property.

(.05)

Dimensional Standards:

A.

Minimum Lot Size: 30,000 square feet.

B.

Minimum Front and Rear Yard Setbacks: 30 feet.

Minimum Side Yard Setback: Ten feet.

1.

Minimum setback for residential garage or carport: At least five feet behind the front of the nearest residential unit on the property. In no case shall the front of a garage or carport be located less than twenty (20) feet behind a sidewalk or a public right-of-way providing access to that garage or carport. Except, however, in the case of an alley where garages or carports are located within five feet of the property line adjoining the alley.

C.

Minimum Street Frontage: 75 feet. A reduced street frontage may be approved, based on a finding that the proposed lot frontage will not hinder the future development of the site to densities proposed in the Comprehensive Plan.

D.

Maximum Height: 35 feet.

E.

Accessory buildings and uses shall conform to front and side yard setback requirements. If the accessory buildings and uses do not exceed 120 square feet or ten feet in height, and they are detached and located behind the rear-most line of the main buildings, the side and rear yard setbacks may be reduced to three feet. Minimum front and rear setback for ADUs is ten feet. Where an ADU is adjacent to an alley, it may meet the same setback as a garage taking alley access in B.1. above. Garage setbacks in B.1. above continue to apply regardless of relationship to an ADU.

(.06)

Off-Street Parking Requirements. As provided in Section 4.155.

(.07)

Signs. As provided in Sections 4.156.01 through 4.156.11.

(.08)

Corner Vision. As provided in Section 4.177.

(.09)

Prohibited Uses:

A.

Uses of structures and land not specifically listed as permitted or conditionally permitted in the zone, or substantially similar to those uses, are prohibited in all FDA-H Zones.

B.

The use of a trailer, travel trailer, or mobile coach as a residence.

C.

Service stations for petroleum products.

(.10)

Block and access standards:

1.

Maximum block perimeter: 1,800 feet.

2.

Maximum spacing between streets or private drives for local access: 530 feet, unless waived by the Development Review Board upon finding that barriers such as railroads, freeways, existing buildings, topographic variations, or designated Significant Resource Overlay Zone areas will prevent street extensions meeting this standard.

3.

Maximum block length without pedestrian and bicycle crossing: 330 feet, unless waived by the Development Review Board upon finding that barriers such as railroads, freeways, existing buildings, topographic variations, or designated Significant Resource Overlay Zone areas will prevent pedestrian and bicycle facility extensions meeting this standard.

(Ord. No. 538, 2-21-2002; Ord. No. 682, 9-9-2010; Ord. No. 704, 6-18-2012; Ord. No. 825, 10-15-2018; Ord. No. 892 meeting, § 2(Exh. A), 12-2-2024)

(.01)

Purpose. The purpose of this zone is to provide for standards and a simplified review process for small-scale urban low and medium density residential development. Developments in the 'R' zone are not intended to be Planned Developments.

(.02)

Residential Densities. Residential densities shall be determined using Table 1 of this section based on the Comprehensive Plan Map Density Range District.

Table 1. R. Zone Density Calculations

a. Accessory Dwelling Units are not included in density calculations.

b. Middle housing units, except townhouses, are not included in calculating maximum density beyond 1 unit per lot or parcel.

c. For Townhouses, the maximum density is the less of: (1) four times the maximum net density listed in Table 1; or (2) net density of 25 units per acre. If applying a maximum density for townhouses of four times the density listed in Table 1, the minimum density remains 80 percent of the maximum density listed in Table 1.

d. For Cottage Clusters, the minimum net density shall be no less than four units per acre.

(.03)

Lot Size Qualifications:

A.

The owner or the owner's authorized agent shall not hold or cause to be held any interest in any adjacent property with the intent to avoid PDR regulations.

B.

The lot or any part thereof shall not be an identified area of special concern as defined in the Comprehensive Plan.

C.

The development area must be two acres or less in size. Development of larger properties shall be reviewed through planned development procedures.

(.04)

Principal Uses Permitted:

A.

Single-Family Dwelling Units.

B.

Middle Housing.

C.

Multiple-Family Dwelling Units.

D.

Public parks, playgrounds, recreational and community buildings and grounds, tennis courts, and similar recreational uses, all of a non-commercial nature. Any principal building or public swimming pool shall be located not less than 45 feet from any other lot in a residential or RA-H zone.

E.

Manufactured homes. [Note: Section 4.115 Standards Applying to Manufactured Housing in All Zones Where Manufactured Housing is Permitted deleted per by Ord. No. 538, 2-21-2002.]

(.05)

Accessory Uses Permitted:

A.

Accessory uses, buildings and structures customarily incidental to any of the aforesaid principal permitted uses, including accessory dwelling units allowed pursuant to Subsection 4.113(.10), located on the same lot therewith.

B.

Home occupations.

C.

A private garage or parking area.

D.

Temporary real estate signs, small announcement or professional signs, and subdivision signs, as provided in Sections 4.156.05, 4.156.07, 4.156.09, and 4.156.10.

E.

Temporary buildings for uses incidental to construction work, which buildings shall be removed immediately upon completion or abandonment of the construction work. In no case shall such buildings remain on the premises longer than ten days after the receipt of a Certificate of Occupancy or the expiration of construction permits.

F.

Accessory buildings and uses shall conform to front and side yard setback requirements. If the accessory buildings and uses are detached and located behind the rear most line of the main buildings, at least one-half of the side yard setback is required. In no case shall a setback less than three feet be permitted unless a Reduced Setback Agreement has been approved and properly recorded, as provided in Section 4.113.

G.

Livestock and farm animals shall be permitted subject to the provisions of Section 4.162.

(.06)

Other Standards:

A.

Minimum lot width at building line:

1.

For Townhouses: 20 feet.

2.

For all other housing types: 60 feet.

B.

Minimum street frontage of lot:

1.

For Townhouses: 20 feet, except as provided in 3. below.

2.

For all other housing types: 30 feet, except as provided in 3. below.

3.

No street frontage is required when the lot fronts on an approved, platted private drive.

C.

Minimum lot size:

1.

For single-family dwelling units, duplexes, and triplexes and two or three unit cluster housing: 5,000 square feet.

2.

For quadplexes, four-unit cluster housing, and cottage clusters: 7000 square feet.

3.

For development with multi-family dwelling units: 10,000 square feet.

4.

For townhouses: 1,250 square feet.

D.

Minimum lot depth: 70 feet.

E.

Maximum building or structure height: 35 feet.

F.

Maximum lot coverage:

A.

A building must be completely detached from the largest building to be considered a separate building for the purpose of lot coverage calculations.

B.

Cottage clusters are exempt from maximum lot coverage standards.

G.

Block and access standards:

1.

Maximum block perimeter in new land divisions: 1,800 feet.

2.

Maximum spacing between streets or private drives for local access: 530 feet, unless waived by the Development Review Board upon finding that barriers such as railroads, freeways, existing buildings, topographic variations, or designated Significant Resource Overlay Zone areas will prevent street extensions meeting this standard.

3.

Maximum block length without pedestrian and bicycle crossing: 330 feet, unless waived by the Development Review Board upon finding that barriers such as railroads, freeways, existing buildings, topographic variations, or designated Significant Resource Overlay Zone areas will prevent pedestrian and bicycle facility extensions meeting this standard.

(Ord. No. 538, 2-21-2002; Ord No. 682, 9-9-2010; Ord. No. 704, 6-18-2012; Ord. No. 825, 10-15-2018; Ord. No. 841, eff. 6-4-2020)

(.01)

Purpose: The purpose of this zone is to provide for standards and a simplified review process for small-scale residential development in the Old Town Neighborhood. Developments in the 'OTR' zone are not intended to be Planned Developments.

(.02)

Residential Densities: This zone falls within the six to seven units per acre Comprehensive Plan Density Range district thus allowing a maximum of 7.5 units per acre of Gross Development Area and requiring a minimum of six units per acre of Gross Development Area. Accessory Dwelling Units are not included in density calculations. Middle Housing, besides townhouses, is not included in maximum density calculation beyond one unit per lot. For Townhouses, the maximum net density is 25 units per acre.

(.03)

Principal Uses Permitted:

A.

Single-Family Dwelling Units.

B.

Middle Housing.

(.04)

Accessory Uses Permitted to Single-Family Dwelling Units and Middle Housing:

A.

Accessory uses, buildings and structures customarily incidental to any of the aforesaid principal permitted uses, including accessory dwelling units subject to the standards of Subsection 4.113(.10).

B.

Home occupations.

C.

A private garage or parking area.

D.

Accessory buildings and uses shall conform to front and side yard setback requirements. If a non-dwelling unit accessory building ais detached and located behind the rear most line of the main buildings, the side-yard setback may be reduced by half. In no case shall a setback less than three feet.

(.05)

Lot Standards:

A.

Minimum lot width at building line: 35 feet, except as provided in 1. below.

1.

There is no minimum lot width for individual townhouse lots. The total cumulative lot width for townhouses attached to each other must be at least 35 feet.

B.

Minimum street frontage of lot:

1.

For townhouses: 20 feet.

2.

For all other housing types: 35 feet.

C.

Minimum lot size:

1.

For single-family dwelling units, duplexes, and two-unit cluster housing: 3,000 square feet.

2.

For triplexes and three-unit cluster housing: 5,000 square feet.

3.

For quadplexes, four-unit cluster housing, and cottage clusters: 7,000 square feet.

4.

For individual townhouse lots: 1,500 square feet; however, the cumulative area of lots for all townhouses attached to each other shall be as follows:

a.

For two attached units: minimum 3,000 square feet

b.

For three attached units: minimum 5,000 square feet

c.

For four attached units: minimum 7,000 square feet.

(.06)

Design and Siting Standards:

A.

Development shall comply (except as noted in 1. and 2. below) with the standards of the Old Town Residential Design Standards Book including but not limited to architectural design, height, setbacks, and lot coverage.

1.

An applicant for a remodel of and/or addition to structures existing prior to December 1, 2017 may elect to match the existing design of the structure rather than comply with the architectural design standards of the Old Town Residential Design Standards Book if all of the following are met:

a.

The height of the structure remains the same and any additions do not exceed the height of the existing structure;

b.

The roof pitch on the existing portion of the structure remains the same and is matched for additions involving facades facing a street or public open space;

c.

All exterior materials are substantially similar in style and texture to the existing materials on the structure;

d.

For facades of the structure facing a street or public open space (does not include alleys) all architectural elements, such as windows, doors, porches, dormers, details, etc. are kept the same, or in the case of extending out a wall during an addition, reproduced; and

e.

Setbacks and lot coverage set in the Old Town Residential Design Standards are met or maintain current legal non-conforming status.

2.

Accessory structures less than 120 square feet and ten feet in height are not subject to the Old Town Residential Design Standards but rather the standards of the underlying zone.

B.

The following standards shall apply to Accessory Dwelling Units (ADU's) within the "OTR" Zone to ensure smaller bulk of residential buildings consistent with the historic character of the neighborhood. Where these standards differ from those of Subsection 4.113(.10), including size and design, these standards take precedence. All other standards of Subsection 4.113(.10), including but not limited to number of ADU's and review process, continue to apply.

1.

Size: ADU's shall not exceed 600 square feet of living space.

2.

Design: ADU's shall be substantially the same exterior design and architecture (i.e. siding, windows, color, roof pitch, doors and roofing materials) as the primary dwelling unit on the property. ADU's shall be either:

a.

Detached single-story structures; or

b.

Over a detached garage meeting the following requirements:

i.

The garage/ADU structure is a maximum one and one-half stories tall, not exceeding a height of 20 feet; and

ii.

The primary dwelling unit on the property is one and one-half or two stories tall.

C.

Rather than meet the standards prescribed above, applicants may elect to go through a Site Design review process before the Development Review Board for any housing type which include requirements to meet standards in Subsection 4.138(.05).

(.01)

Permitted Uses:

A.

Open Space.

B.

Single-Family Dwelling Units.

C.

Duplexes, triplexes, quadplexes, townhouses.

D.

Cluster housing, including cottage clusters.

E.

Multiple-Family Dwelling Units.

F.

Public parks, playgrounds, recreational and community buildings and grounds, tennis courts, and similar recreational uses, all of a non-commercial nature, provided that any principal building or public swimming pool shall be located not less than 45 feet from any other lot.

G.

Manufactured homes.

(.02)

Permitted accessory uses to single family and middle housing:

A.

Accessory uses, buildings and structures customarily incidental to any of the principal permitted uses listed above, and located on the same lot.

B.

Living quarters without kitchen facilities for persons employed on the premises or for guests. Such facilities shall not be rented or otherwise used as a separate dwelling unless approved as an accessory dwelling unit or duplex.

C.

Accessory dwelling units, subject to the standards of Section 4.113 (.10).

D.

Home occupations.

E.

A private garage or parking area.

G.

Temporary real estate signs, small announcement or professional signs, and subdivision signs, as provided in the provisions of Sections 4.156.05, 4.156.07, 4.156.09, and 4.156.10.

H.

Temporary buildings for uses incidental to construction work, which buildings shall be removed upon completion or abandonment of the construction work.

I.

Accessory buildings and uses shall conform to front and side yard setback requirements. If the accessory buildings and uses do not exceed 120 square feet or ten feet in height, and they are detached and located behind the rear-most line of the main buildings, the side and rear yard setbacks may be reduced to three feet.

J.

Livestock and farm animals, subject to the provisions of Section 4.162.

(.03)

Permitted accessory uses for multiple-family dwelling units:

A.

Accessory uses, buildings, and structures customarily incidental to any of the aforesaid principal permitted uses, located on the same lot therewith.

B.

Home occupations.

C.

A private garage or parking area.

D.

Temporary buildings for uses incidental to construction work, which buildings shall be removed upon completion or abandonment of the construction work.

E.

Accessory buildings and uses shall conform to front and side yard setback requirements. If the accessory buildings and uses do not exceed 120 square feet or ten feet in height, and they are detached and located behind the rear-most line of the main buildings, the side and rear yard setbacks may be reduced to three feet.

F.

Livestock and farm animals, subject to the provisions of Section 4.162.

(.04)

Uses permitted subject to Conditional Use Permit requirements:

A.

Public and semi-public buildings and/or structures essential to the physical and economic welfare of an area, such as fire stations, sub-stations and pump stations.

B.

Public or private clubs, lodges or meeting halls. Public or private parks, playground, golf courses, driving ranges, tennis clubs, community centers and similar recreational uses.

C.

Churches, public, private and parochial schools, public libraries and public museums.

D.

Neighborhood Commercial Centers limited to the provisions of goods and services primarily for the convenience of and supported by local residents, and not requiring a zone change to a commercial designation:

1.

The site of a Neighborhood Commercial Center was proposed at the time of the original application.

2.

Such centers are of a scale compatible with the surrounding residential structures.

3.

Such centers shall be compatible with the surrounding residential uses.

4.

The site of a Neighborhood Commercial Center shall be at least one-quarter mile from any other sites zoned for commercial uses.

5.

The site of a Neighborhood Commercial Center shall not exceed five percent of the total area or one acre, whichever is less.

6.

The site of a Neighborhood Commercial Center shall have direct access to a street of a collector classification and shall have direct pedestrian access to the residential areas.

7.

The site of a Neighborhood Commercial Center shall not include more than one quadrant of an intersection and shall not result in traffic of a nature which causes a substantial adverse impact on the residential character of the planned development.

E.

Commercial Recreation which is compatible with the surrounding residential uses and promotes the creation of an attractive, healthful, efficient and stable environment for living, shopping or working. All such uses except golf courses and tennis courts shall conform to the requirements of subsection "D" (Neighborhood Commercial Centers), above.

F.

Home businesses.

(.05)

Appropriate PDR Zoning Designation and Maximum and Minimum Density based on Comprehensive Plan Density Range District:

Table 1: PDR Zoning Designation and Maximum and Minimum Density based on
Comprehensive Plan Density Range District

a. Accessory Dwelling Units are not included for calculating density.

b. Middle Housing, besides, townhouses, is not included in calculating maximum density beyond one unit per lot or parcel.

c. For townhouses, the maximum density is the less of: (1) four times the maximum net density listed in Table 1; or (2) net density of 25 units per acre. If applying a maximum density for townhouses of four times the density listed in Table 1, the minimum density remains 80 percent of the maximum density listed in Table 1.

d. For Cottage Clusters, the minimum net density shall be no less than four units per acre.

(.06)

Unit Count Limitations. Unit count limitations are calculated as follows:

A.

Maximum Unit Count. Maximum unit count at build out of Stage I Master Plan area: is calculated by taking the Gross Development Area multiplied by Maximum Density per Acre stated in Table 1 of this Code section, plus any density transferred from SROZ areas pursuant to Subsection 4.139.11(.02). For example, any number greater than four and less than five shall be rounded down to four.

B.

Minimum Unit Count. Minimum unit count at build out of Stage I Master Plan area: 80 percent of maximum unit count described in A. above.

C.

If the Stage I Master Plan area is subject to more than one Comprehensive Plan Map Density Range District and Zoning Designation, calculations for areas of differing densities shall be done separately and then summed together, and the final summed number rounded down to the nearest whole number.

(.07)

Lot Standards:

A. For townhouses the minimum lot size in PDR-1 through PDR-5 zones is 1,500 square feet.

B. For the PDR 3 through PDR 7 zones, the minimum lot size for triplexes and three-unit cluster housing is 5,000 square feet; the minimum lot size for quadplexes, four-unit cluster housing, and cottage clusters is 7,000 square feet.

C. A building must be completely detached from the largest building to be considered a separate building for the purpose of lot coverage calculations. Cottage clusters are exempt from maximum lot coverage standards.

D. Lot frontage may be on a public street or approved, platted private drive.

E. For townhouses the minimum lot width at building line and minimum street frontage is 20 feet in all PDR zones.

F. Lot frontage may be reduced to 24 feet when the lot fronts a cul-de-sac.

(.08)

Adjustments to Ensure Minimum Density is Met. In development not involving Multi-Family Dwelling Units, if demonstrated by the applicant that it is not physically possible to accommodate the minimum number of units at the required minimum lot size and the minimum open space, the following adjustments, A.—B., shall be made to the minimum extent necessary to enable minimum density to be met. To prioritize the provision of required open space, adjustments to minimum lot size, width, and depth shall be used to the extent allowed, as described in A. below, prior to any adjustment to open space requirements as described in B. below.

A.

Adjustments to Minimum Lot Size, Width, and Depth: Reduce minimum lot size of up to 20 percent of the residential lots, rounded consistent with Subsection (.06) above or one lot for a four-lot subdivision, by up to 20 percent. For example, the potential adjustment, if determined necessary, for a 100- lot subdivision in the PDR-4 zone would be to reduce 20 lots to as low as 2,400 square feet (a 20 percent reduction of the 3,000 square foot minimum lot size). Also reduce the minimum lot width and minimum lot depth by up to 20 percent as necessary to allow the reduction of lot size.

B.

Adjustment to Open Space Area. Reduce the amount of open space area required pursuant to Subsection 4.113(.01). Reduce non-usable open space to the extent possible prior to usable open space required by Subsection 4.113(.01)C.3. After any adjustment to open space, all subdivisions with ten or more units must still include a minimum of one usable, programmed open space of at least 2,000 square feet meeting the requirements of Subsection 4.113(.01)C.3. Subdivisions less than ten units shall require one usable open space of at least 1,000 square feet meeting the same requirements.

(.09)

Block and access standards:

1.

Maximum block perimeter in new land divisions: 1,800 feet.

2.

Maximum spacing between streets or private drives for local access: 530 feet, unless waived by the Development Review Board upon finding that barriers such as railroads, freeways, existing buildings, topographic variations, or designated Significant Resource Overlay Zone areas will prevent street extensions meeting this standard.

3.

Maximum block length without pedestrian and bicycle crossing: 330 feet, unless waived by the Development Review Board upon finding that barriers such as railroads, freeways, existing buildings, topographic variations, or designated Significant Resource Overlay Zone areas will prevent pedestrian and bicycle facility extensions meeting this standard.

(.10)

Signs. Per the requirements of Sections 4.156.01 through 4.156.11.

(.11)

Parking. Per the requirements of Section 4.155.

(.12)

Corner Vision Clearance. Per the requirements of Section 4.177.

(Ord. No. 538, 2-21-2002; Ord. No. 682, 9-9-2010; Ord. No. 704, 6-18-2012; Ord. No. 825, 10-15-2018; Ord. No. 841, eff. 6-4-2020)

(.01)

Purpose. The Village (V) zone is applied to lands within the Residential Village Comprehensive Plan Map designation. The Village zone is the principal implementing tool for the Residential Village Comprehensive Plan designation. It is applied in accordance with the Villebois Village Master Plan and the Residential Village Comprehensive Plan Map designation as described in the Comprehensive Plan.

A.

The Village zone provides for a range of intensive land uses and assures the most efficient use of land.

B.

The Village zone is intended to assure the development of bicycle and pedestrian-sensitive, yet auto-accommodating, communities containing a range of residential housing types and densities, mixed-use buildings, commercial uses in the Village Center and Neighborhood Centers, and employment opportunities.

C.

The Village zone, together with the Architectural Pattern Book and Community Elements Book, is intended to provide quantitative and objective review guidelines.

(.02)

Permitted Uses. Examples of principle uses that are typically permitted:

A.

Single Family Dwellings.

B.

Accessory Dwelling Units, subject to the standards of Section 4.113(.10)

C.

Duplexes, Triplexes, and Quadplexes.

D.

Row Houses.

E.

Multi-Family Dwellings.

F.

Cluster Housing, including Cottage Clusters.

G.

Residential Facilities, Residential Homes, and Community Housing developed to implement ORS 426.508.

H.

Non-commercial parks, plazas, playgrounds, recreational facilities, community buildings and grounds, tennis courts, and other similar recreational and community uses owned and operated either publicly or by an owners association.

I.

Commercial uses within the Village Center, subject to the standards of [Section 4.125](.06) Standards Applying to Commercial Uses and similar to the following:

1.

Sales and servicing of consumer goods:

Bicycle shop.

Bookstore.

Clothing store.

Electronics and appliances store.

Florist.

Furniture store.

Jeweler.

Pet shop.

2.

Food and sundries:

Bakery.

Butcher shop.

Convenience store.

Delicatessen.

Drugstore.

Gifts Store.

Hardware store.

3.

Lifestyle and recreation:

Art gallery.

Barbershop or hair salon.

Boutique shops and other specialty retail.

Coffee shops including outdoor eating areas.

Health club or gymnasium.

Restaurants and pubs including outdoor eating areas.

Dance or martial arts studio.

4.

Service Commercial:

Banking and investment services.

Child day care.

Custom tailoring.

Dry cleaners.

Photo processing.

Postal service.

Reproduction services.

Laundromat.

Locksmith.

Telecommunications services.

Upholstery shop.

5.

General Office:

Computer and technology companies.

Governmental services.

Health services.

Insurance agencies.

Nonprofit organizations.

Professional-type services.

Real estate offices.

Secretarial services.

Travel agencies.

J.

Commercial uses within a Neighborhood Center, subject to the standards of [Section 4.125](.06) Standards Applying to Commercial Uses, and similar to the following:

Bakery.

Barbershop and/or hair salon.

Bookstore.

Coffee shop including outdoor eating areas.

Convenience store.

Dry cleaners.

Florist.

Newsstand.

Postal services.

Service oriented offices.

Wine bar.

K.

Group Living Facility.

(.03)

Permitted Accessory Uses.

A.

Uses, buildings and structures customarily incidental to any of the principal permitted uses and located on the same lot.

B.

Home Occupations.

C.

Structured parking, garages, and parking areas.

D.

Temporary Uses per Section 4.163.

E.

Signs subject to the standards of [Section 4.125](.12) Signage and Wayfinding.

F.

Temporary buildings for uses incidental to construction work, which buildings shall be removed immediately upon completion or abandonment of the construction work. In no case shall such buildings remain on the premises longer than ten days after the receipt of a Certificate of Occupancy or the expiration of construction permits.

(.04)

Conditional Uses. Applications for the following conditional uses shall be processed in accordance with the procedures listed in Section 4.512:

A.

Public and semi-public buildings and/or structures essential to the physical and economic welfare of an area, such as fire stations, utility sub-stations and pump stations.

B.

Public or private clubs, lodges or meeting halls.

C.

Public or private libraries and museums.

D.

Religious institutions.

E.

Transit Stations.

F.

Community Centers.

G.

Conference Centers.

H.

Non-commercial community buildings and grounds, and other similar community uses, owned and operated either publicly or by an owners association.

I.

Commercial parks, plazas, playgrounds, recreational facilities, community buildings and grounds, tennis courts, and other similar recreational and community uses owned and operated privately.

J.

Schools (public, private, or commercial).

K.

Theaters.

L.

Home Business.

M.

Commercial Parking Facility.

N.

Light Manufacturing/Research and Development located within the Village Center.

O.

Overnight Lodging Facility.

P.

Grocery Store or Specialty Grocery Store.

(.05)

Development Standards Applying to All Developments in the Village Zone. In addition to other applicable provisions of the Wilsonville Planning and Land Development Ordinance, all development in the Village zone shall be subject to Tables V-1 through V-4, and to the following. If there is a conflict between the provisions of the Village zone and other portions of the Code, then the provisions of this section shall apply.

A.

Block, Alley, Pedestrian and Bicycle Standards:

1.

Maximum Block Perimeter: 1,800 feet, unless the Development Review Board makes a finding that barriers such as existing buildings, topographic variations, or designated Significant Resource Overlay Zone areas will prevent a block perimeter from meeting this standard.

2.

Maximum spacing between streets or private drive for local access: 530 feet, unless the Development Review Board makes a finding that barriers such as existing buildings, topographic variations, or designated Significant Resource Overlay Zone areas will prevent street extensions from meeting this standard. Under such circumstances, intervening pedestrian and bicycle access shall be provided, with a maximum spacing of 330 feet from those local streets or private drives, unless the Development Review Board makes a finding that barriers such as existing buildings, topographic variations, or designated Significant Resource Overlay Zone areas will prevent pedestrian and bicycle facility extensions from meeting this standard.

B.

Access: All lots with access to a public street, and an alley, shall take vehicular access from the alley to a garage or parking area, except as determined by the City Engineer.

C.

Trailers, travel trailers, mobile coaches, or any altered variation thereof shall not be used for the purpose of conducting a trade or calling, or for storage of material, unless approved for such purpose as a temporary use.

D.

Fences:

1.

General Provisions:

a.

Fencing in the Village Zone shall be in compliance with the Master Fencing Program in the adopted Architectural Pattern Book for the appropriate SAP.

b.

When two or more properties with different setbacks abut, the property with the largest front yard setback requirement shall be used to determine the length and height of the shared side yard fence, as required by Section 4.125(.05)(D)(1)(a), above.

Example: Building 'A' has 20' front yard setback and Building 'B' has zero front yard setback. Since Building 'A' has the larger front yard setback, it shall be used to determine the height and length of the shared side yard fence. It is six feet tall, but is reduced to three feet in front of Building 'A's building line.

c.

The Development Review Board may, in their discretion, require such fencing as deemed necessary to promote and provide traffic safety, noise mitigation, and nuisance abatement, and the compatibility of different uses permitted on adjacent lots of the same zone and on adjacent lots of different zones.

2.

Residential:

a.

The maximum height of any fence located in the required front yard of a residential development shall not exceed three feet.

b.

Fences on residential lots shall not include chain link, barbed wire, razor wire, electrically charged wire, or be constructed of sheathing material such as plywood or flake board. Fences in residential areas that protect wetlands, or other sensitive areas, may be chain link.

E.

Recreational Area in Multi-family Residential and Mixed Use Developments.

1.

The Recreational Area requirement is intended to provide adequate recreational amenities for occupants of multiple family developments and mixed use developments where the majority of the developed square footage is to be in residential use.

2.

Recreational Area is defined as the common area of all lawns, community gardens, play lots, plazas, court yards, interior and exterior swimming pools, ball courts, tennis courts, exercise rooms, health and exercise facilities, libraries, internet/electronic media rooms, decks and other similar areas for common recreational uses. Recreational Area may include Parks required under the Villebois Village Master Plan, and any usable park areas not shown in such plan. Private areas under this definition, defined as those areas that are accessible only by a single owner or tenant, or commercial or retail recreation facilities serving the general public, shall not constitute or contribute to the measurement of Recreational Area.

3.

A variety of age appropriate facilities shall be included in the mix of Recreational Area facilities.

4.

Recreational Area shall be calculated at the following ratios:

a.

At the SAP Level—195 square feet per residential unit.

b.

At the PDP level—an additional 30 square feet per residential unit

3.

Outdoor Living Area shall be considered to be part of the Open Space requirement in Section 4.125(.08).

F.

Fire Protection:

1.

All structures shall include a rated fire suppression system (i.e., sprinklers), as approved by the Fire Marshal.

(.06)

Standards Applying To Commercial Uses:

A.

All commercial uses shall be subject to the following:

1.

A Neighborhood Center shall only be located at a Neighborhood Commons.

2.

The total area of all commercial uses in a Neighborhood Center shall not exceed 3,500 sq. ft. (excluding residential uses, home occupations, or home businesses).

3.

Commercial use shall not include "drive-through" facilities.

4.

A commercial use shall be adjacent to a street.

5.

All businesses, service or processing, shall be conducted wholly within a completely enclosed building; except for off-street parking and off-street loading. Except, however, that exterior displays, outdoor dining areas, or exterior sales may be specifically authorized through temporary use permit or development permit approval, subject to conditions of approval. Exterior sales that may be permitted are those that are limited in time duration, such as sidewalk sales, grand openings, or farmers' markets. Said areas must maintain the minimum required clear space accessible to pedestrian movement on pathways and/or sidewalks. See the following figure:

Figure V-1: Exterior Displays/Outdoor Dining

6.

Except as may be approved through the processes noted in Section [4.125](.07)(A)(5), above, all commercial uses shall meet the performance standards specified in Section 4.135(.05).

(.07)

General Regulations—Off-Street Parking, Loading and Bicycle Parking. Except as required by Subsections (A) through (D), below, the requirements of Section 4.155 shall apply within the Village zone.

A.

General Provisions:

1.

The provision and maintenance of off-street parking spaces is a continuing obligation of the property owner. The standards set forth herein shall be considered by the Development Review Board as minimum criteria.

2.

The Board shall have the authority to grant variances or refinements to these standards in keeping with the purposes and objectives set forth in this zone.

B.

Minimum and Maximum Off-Street Parking Requirements:

1.

Table V-2, Off-Street Parking Requirements, below, shall be used to determine the minimum and maximum parking standards for noted land uses. The minimum number of required parking spaces shown in Table V-2 shall be determined by rounding to the nearest whole parking space. For example, a use containing 500 square feet, in an area where the standard is one space for each 400 square feet of floor area, is required to provide one off-street parking space. If the same use contained more than 600 square feet, a second parking space would be required.

2.

Minimum parking requirements may be met by dedicated off-site parking, including surfaced parking areas and parking structures.

3.

Except for detached single-family dwellings and middle housing, on-street parking spaces, directly adjoining and on the same side of the street as the subject property, may be counted towards meeting the minimum off-street parking requirements.

4.

Minimum parking requirements may be reduced under the following conditions:

a.

When complimentary, shared parking availability can be demonstrated, or;

b.

Bicycle parking may substitute for up to 25 percent of required Mixed-Use or Multi-Family Residential parking. For every five non-required bicycle parking spaces that meet the short or long-term bicycle parking standards, the motor vehicle parking requirement for compact spaces may be reduced by one space.

C.

Minimum Off-Street Loading Requirements:

1.

Loading facilities shall be sited at the rear or side whenever practicable, and if adjacent to a residential use, shall be screened. Screening shall match the adjacent residential development in terms of quality of materials and design. Such screening shall minimize light glare and noise levels affecting adjacent residential uses. See also Section 4.155(.03)(B).

D.

Bicycle Parking Requirements:

1.

Purpose: Bicycle parking is required for most use categories to encourage the use of bicycles by providing safe and convenient places to park bicycles for short and long stays.

a.

Short-term bicycle parking is intended to encourage shoppers, customers, messengers, and other visitors to use bicycles by providing a convenient and readily accessible place to park bicycles.

b.

Long-term bicycle parking is intended to provide employees, students, residents, commuters and others who generally stay at a site for several hours, a secure and weather-protected place to park bicycles. The intent of the long-term standards is to provide bicycle parking within a reasonable distance in order to encourage bicycle use.

2.

General Provisions:

a.

Required Bicycle Parking:

i.

The required minimum number of bicycle parking spaces for each use category is shown in Table V-2, Parking Requirements, below. Bicycle parking is not required for uses not listed.

ii.

Bicycle parking spaces are not required for accessory uses. If a primary use is listed in Table V-2, bicycle parking is not required for the accessory use.

iii.

When there are two or more primary uses on a site, the required bicycle parking for the site is the sum of the required bicycle parking for the individual primary uses.

3.

Bicycle Parking Standards:

a.

Short-term bicycle parking. Required short-term bicycle parking shall meet the following standards:

i.

Short-term bicycle parking shall be provided in lockers or racks that meet the standards of this section.

ii.

Short-term bicycle parking shall be located either within 30 feet of the main entrance to the building; or inside a building, in a location that is easily accessible for bicycles.

iii.

If 10 or more short-term bicycle spaces are required, then at least 50 percent of the required short-term bicycle spaces shall be covered and meet the standards of this section.

b.

Long-term bicycle parking. Required long-term bicycle parking shall meet the following standards:

i.

Long-term bicycle parking shall be provided in racks or lockers that meet the standards of this section.

ii.

Long-term bicycle parking shall be located on the site or in an area where the closest point is within 300 feet of the site.

iii.

At least 50 percent of required long-term bicycle parking shall be covered in compliance with the standards of this section.

iv.

To provide security, long-term bicycle parking shall be in at least one of the following locations;

•

In a locked room or locker

•

In an area that is enclosed by a fence with a locked gate. The fence shall be either eight feet high, or be floor-to-ceiling, subject to review and approval of a building permit;

•

In an area that is visible from employee work areas or within view of an attendant or security guard;

•

In a dwelling unit or dormitory unit. If long-term bicycle parking is provided in a dwelling unit or dormitory unit, neither racks nor lockers shall be required.

c.

Bicycle Lockers, Racks and Cover (Weather Protection):

i.

Where required bicycle parking is provided in lockers, the lockers shall be securely anchored.

ii.

Covered bicycle parking, as required by this section, shall be provided inside buildings, under roof overhangs or awnings, in bicycle lockers, or within or under other structures. Where required covered bicycle parking is not within a building or locker, the cover must be permanent, designed to protect the bicycle from rainfall and provide seven foot minimum overhead clearance.

Notes:

¹ 1/1,000 sf min. for court facilities

² No additional off-street parking is required for middle housing created through the addition to, or conversion of, an existing single-family detached dwelling.

NR No requirement

(.08)

Open Space. Open space shall be provided as follows:

A.

In all residential developments and in mixed-use developments where the majority of the developed square footage is to be in residential use, at least 25 percent of the area shall be open space, excluding street pavement and surface parking. In multi-phased developments, individual phases are not required to meet the 25 percent standard as long as an approved Specific Area Plan demonstrates that the overall development shall provide a minimum of 25 percent open space. Required yard areas shall not be counted towards the required open space area.

B.

Open space area required by this Section may, at the discretion of the Development Review Board, be protected by a conservation easement or dedicated to the City, either rights in fee or easement, without altering the density or other development standards of the proposed development. Provided that, if the dedication is for public park purposes, the size and amount of the proposed dedication shall meet the criteria of the City of Wilsonville standards. The square footage of any land, whether dedicated or not, which is used for open space shall be deemed a part of the development site for the purpose of computing density or allowable lot coverage. See SROZ provisions, Section 4.139.10.

C.

The Development Review Board may specify the method of assuring the long-term protection and maintenance of open space and/or recreational areas. Where such protection or maintenance are the responsibility of a private party or homeowners' association, the City Attorney shall review and approve any pertinent bylaws, covenants, or agreements prior to recordation.

(.09)

Street and Access Improvement Standards:

A.

Except as noted below, the provisions of Section 4.177 shall apply within the Village zone:

1.

General Provisions:

a.

All street alignment and access improvements shall conform to Figures 7, 8, 9A, and 9B of the Villebois Village Master Plan, or as refined in an approved Specific Area Plan, Preliminary Development Plan, or Final Development Plan, and the following standards:

i.

All street improvements shall conform to the Public Works Standards and the Transportation Systems Plan, and shall provide for the continuation of streets through proposed developments to adjoining properties or subdivisions, according to the Master Plan.

ii.

All streets shall be developed according to the Master Plan.

2.

Intersections of streets:

a.

Angles: Streets shall intersect one another at angles not less than 90 degrees, unless existing development or topography makes it impractical.

b.

Intersections: If the intersection cannot be designed to form a right angle, then the right-of-way and paving within the acute angle shall have a minimum of a 30 foot centerline radius and said angle shall not be less than 60 degrees. Any angle less than 90 degrees shall require approval by the City Engineer after consultation with the Fire District.

c.

Offsets: Opposing intersections shall be designed so that no offset dangerous to the traveling public is created. Intersections shall be separated by at least:

i.

1,000 ft. for major arterials

ii.

600 ft. for minor arterials

iii.

100 ft. for collectors

iv.

50 ft. for local streets

d.

Curb Extensions:

i.

Curb extensions at intersections shall be shown on the Specific Area Plans required in Subsection 4.125(.18)(C) through (F), below, and shall:

•

Not obstruct bicycle lanes on collector streets.

•

Provide a minimum 20 foot wide clear distance between curb extensions at all local residential street intersections, meet minimum turning radius requirements of the Public Works Standards, and shall facilitate fire truck turning movements as required by the Fire District.

3.

Street Grades: Street grades shall be a maximum of six percent on arterials and eight percent for collector and local streets. Where topographic conditions dictate, grades in excess of eight percent, but not more than 12 percent, may be permitted for short distances, as approved by the City Engineer, where topographic conditions or existing improvements warrant modification of these standards.

4.

Centerline Radius Street Curves: The minimum centerline radius street curves shall be as follows:

a.

Arterial streets: 600 feet, but may be reduced to 400 feet in commercial areas, as approved by the City Engineer.

b.

Collector streets: 600 feet, but may be reduced to conform with the Public Works Standards, as approved by the City Engineer.

c.

Local streets: 75 feet

5.

Rights-of-way:

a.

See Section 4.125(.09)(A), above.

6.

Access drives:

a.

See Section 4.125(.09)(A), above.

b.

16 feet for two-way traffic.

7.

Clear Vision Areas:

a.

See Section 4.125(.09)(A), above.

8.

Vertical Clearance:

a.

See Section 4.125(.09)(A), above.

9.

Interim Improvement Standard:

a.

See Section 4.125(.09)(A), above.

(.10)

Sidewalk and Pathway Improvement Standards:

A.

The provisions of Section 4.154 and 4.177(.03) shall apply within the Village zone.

(.11)

Landscaping, Screening and Buffering:

A.

Except as noted below, the provisions of Section 4.176 shall apply in the Village zone:

1.

Streets in the Village zone shall be developed with street trees as described in the Community Elements Book.

(.12)

Master Signage and Wayfinding:

A.

All signage and wayfinding elements within the Village Zone shall be in compliance with the adopted Signage and wayfinding Master Plan for the appropriate SAP.

B.

Provisions of Sections 4.156.01 through 4.156.11 shall apply in the Village Zone except Sections 4.156.07 and 4.156.08. Portions of Section 4.156.08 pertaining to Town Center may be used for comparison purposes to assess conceptually whether signage is allowed in an equitable manner throughout the City. Sections 4.156.01 through 4.156.11 are not to be used for direct comparison of sign standards.

C.

The Master Signage and Wayfinding Plan is the Master Sign Plan for the applicable SAP.

D.

In the event of conflict between the applicable standards of Sections 4.156.01 through 4.156.11 and this subsection or the applicable Master Signage and Wayfinding Plan, this subsection and the Master Signage and Wayfinding Plan shall take precedence.

E.

The following signs may be permitted in the Village Zone, subject to the conditions in this Section.

1.

Site Signs:

a.

Signs that capture attention establishing a sense of arrival to Villebois and to areas within Villebois.

2.

Site Directional:

a.

Permanent mounted signs informing and directing the public to major destinations within Villebois.

3.

Retail Signs:

a.

Signs which identify the retail uses, including bulkhead signs, blade signs, temporary window signs and permanent window signs designed to identify storefronts an provide information regarding the retail uses.

4.

Informational Signs:

a.

Permanent mounted signs located along and adjacent to travel ways providing information to residents and visitors traveling within Villebois.

5.

Flags and Banners:

a.

Permanent and temporary pole mounted signage intended to identify the graphic identity of Villebois and to identify seasonal events taking place within the Villebois Community.

F.

Dimensions and square footage of signs are defined in the Master Signage and Wayfinding Plan for the appropriate SAP.

G.

Signage locations are specified in the Master Signage and Wayfinding Plan for the appropriate SAP.

H.

The number of signs permitted is specified in the Master Signage and wayfinding Plan for the appropriate SAP.

(.13)

Design Principles Applying to the Village Zone:

A.

The following design principles reflect the fundamental concepts, and support the objectives of the Villebois Village Master Plan, and guide the fundamental qualities of the built environment within the Village zone.

1.

The design of landscape, streets, public places and buildings shall create a place of distinct character.

2.

The landscape, streets, public places and buildings within individual development projects shall be considered related and connected components of the Villebois Village Master Plan.

3.

The design of buildings shall functionally relate to adjacent open space, gateways, street orientation, and other features as shown in the Villebois Village Master Plan.

4.

The design of buildings and landscape shall functionally relate to sunlight, climate, and topography in a way that acknowledges these conditions as particular to the Willamette Valley.

5.

The design of buildings shall incorporate regional architectural character and regional building practices.

6.

The design of buildings shall include architectural diversity and variety in its built form.

7.

The design of buildings shall contribute to the vitality of the street environment through incorporation of storefronts, windows, and entrances facing the sidewalk.

8.

The design of streets and public spaces shall provide for and promote pedestrian safety, connectivity and activity.

9.

The design of buildings and landscape shall minimize the visual impact of, and screen views of off-street parking from streets.

10.

The design of exterior lighting shall minimize off-site impacts, yet enable functionality.

(.14)

Design Standards Applying to the Village Zone:

A.

The following Design Standards implement the Design Principles found in Section 4.125(.13), above, and enumerate the architectural details and design requirements applicable to buildings and other features within the Village (V) zone. The Design Standards are based primarily on the features, types, and details of the residential traditions in the Northwest, but are not intended to mandate a particular style or fashion. All development within the Village zone shall incorporate the following:.

1.

General Provisions:

a.

Flag lots are not permitted.

b.

The minimum lot depth for a single-family dwelling with an accessory dwelling unit shall be 70 feet.

c.

Village Center lots may have multiple front lot lines.

d.

For Village Center lots facing two or more streets, two of the facades shall be subject to the minimum building frontage width requirement. Where multiple buildings are located on one lot, the facades of all buildings shall be used to calculate the Minimum Building Frontage Width.

e.

Neighborhood Centers shall only be located within a Neighborhood Commons.

f.

Commercial Recreation facilities shall be compatible with surrounding residential uses.

g.

Convenience Stores within the Village zone shall not exceed 4,999 sq. ft., and shall provide pedestrian access.

h.

Specialty Grocery Stores within the Village zone shall not be more 19,999 square feet in size.

i.

A Grocery Store shall not be more than 40,000 square feet in size.

2.

Building and site design shall include:

a.

Proportions and massing of architectural elements consistent with those established in an approved Architectural Pattern Book or Village Center Architectural Standards.

b.

Materials, colors and architectural details executed in a manner consistent with the methods included in an approved Architectural Pattern Book, Community Elements Book or approved Village Center Architectural Standards.

c.

Protective overhangs or recesses at windows and doors.

d.

Raised stoops, terraces or porches at single-family dwellings.

e.

Exposed gutters, scuppers, and downspouts, or approved equivalent.

f.

The protection of existing significant trees as identified in an approved Community Elements Book.

g.

A landscape plan in compliance with Sections 4.125(.07) and (.11), above.

h.

Building elevations of block complexes shall not repeat an elevation found on an adjacent block.

i.

Building elevations of detached buildings shall not repeat an elevation found on buildings on adjacent lots.

j.

A porch shall have no more than three walls.

k.

A garage shall provide enclosure for the storage of no more than three motor vehicles, as described in the definition of Parking Space, except that a single garage for a quadplex may provide enclosure for up to four motor vehicles.

3.

Lighting and site furnishings shall be in compliance with the approved Architectural Pattern Book, Community Elements Book, or approved Village Center Architectural Standards.

4.

Building systems, as noted in Tables V-3 and V-4 (Permitted Materials and Configurations), below, shall comply with the materials, applications and configurations required therein. Design creativity is encouraged. The LEED Building Certification Program of the U.S. Green Building Council may be used as a guide in this regard.

*Note: See Figure 2 of the Villebois Village Master Plan for boundaries of Village Center

(.15)

Village Center Design Principles:

A.

In addition to the design principles found in Section 4.125(.13), above, the following principles reflect the fundamental concepts, support the objectives of the Villebois Village Master Plan, and guide the fundamental qualities within the Village Center:

1.

The buildings, streets and open spaces of the Village Center are intended to relate in such a way as to create an identifiable and related series of public and private spaces.

(.16)

Village Center Design Standards:

A.

In addition to the design standards found in Section 4.125(.14), above, the following Design Standards are applicable to the Village Center, exclusive of single-family detached dwellings and middle housing:

1.

Off-street parking areas shall not be located between buildings and the street.

2.

The design of off-street parking areas shall include pedestrian connections to the buildings they serve, sidewalks, and adjacent parking areas.

3.

The design of buildings and public spaces shall include interior (through-buildings) and exterior public pedestrian accessways, as required, to facilitate pedestrian connections.

4.

The design of buildings shall include rear and side entrances in addition to primary street front entrances when necessary to facilitate pedestrian connections.

5.

Building facades shall be broken into multiple vertical elements.

6.

Canopies and awnings should be provided as specified in the Village Center Architectural Standards.

7.

The design of buildings and landscapes shall provide opportunities for public art at a minimum of one location per block.

(.17)

Village Center Plaza Design Standards:

A.

In addition to the design standards found in Section 4.125(.16), above, the following Design Standards are specific to the design of the Village Center Plaza:

1.

The Village Center Plaza shall be measured as all space enclosed by the surrounding buildings.

2.

The Village Center Plaza landscape shall consist of textured paving differentiated from typical street pavement. Vehicular movement and on-street parking within the Village Center Plaza is encouraged to have similar paving treatments and occur at the same elevation as the sidewalk and the Village Center Plaza.

3.

The Village Center Plaza shall include the following:

a.

Incorporation of existing significant trees, street furniture, bollards or similar elements, and exterior lighting.

b.

One vertical tower element facing the Village Center Plaza with proportions, massing, and architectural elements consistent with the Village Center Architectural Standards.

(.18)

Village Zone Development Permit Process. Except as noted below, the provision of Sections 4.140(.02) through (.06) shall apply to development in the Village zone.

A.

Purpose and Intent. It is the purpose of this subsection to describe the process by which development plans are proposed, reviewed and adopted and to provide the procedures and criteria for development permit application, review and approval.

B.

Unique Features and Processes of the Village (V) Zone. To be developed, there are three phases of project approval. Some of these phases may be combined, but generally the approvals move from the conceptual stage through to detailed architectural, landscape and site plan review in stages. All development within the Village zone shall be subject to the following processes:

1.

Specific Area Plan (SAP) approval by the Development Review Board, as set forth in Sections 4.125(.18)(C) through (F), below (Stage I equivalent). To be developed, a site must be included in an approved SAP.

2.

Preliminary Development Plan (PDP) approval by the Development Review Board, as set forth in Sections 4.125(.18)(G) through (K) (Stage II equivalent), below. Following SAP approval, an applicant may file applications for Preliminary Development Plan approval (Stage II equivalent) for an approved phase in accordance with the approved SAP, and any conditions attached thereto. Land divisions may also be preliminarily approved at this stage. Except for land within the Central SAP or multi-family dwellings outside the Central SAP, application for a Zone Change and Final Development Plan (FDP) shall be made concurrently with an application for PDP approval. The SAP and PDP/FDP may be reviewed simultaneously when a common ownership exists.

Final Development Plan (FDP) approval by the Development Review Board or the Planning Director, as set forth in Sections 4.125(.18)(L) through (P) (Site Design Review equivalent), below, may occur as a separate phase for lands in the Central SAP or multi-family dwellings outside the Central SAP.

3.

Administrative Review approvals, by the Planning Director, as set forth in Section 4.030. Prior to commencement of development, final approval for land divisions, tree removal permits, grading permits, and compliance with prior approvals must be received. Development permit issuance follows completion of the foregoing stages.

C.

Specific Area Plan (SAP) Application Procedures:

1.

Purpose—A SAP is intended to advance the design of the Villebois Village Master Plan.

2.

If not initiated by the City Council, Planning Commission or Development Review Board, an application for SAP approval shall be submitted by the Master Planner, or by landowners pursuant to subsection C.3 below. The application shall be accompanied by payment of a fee established in accordance with the City's fee schedule.

3.

The owners of property representing at least 80 percent of a SAP area may request in writing that the Master Planner submit a SAP application. The Master Planner must provide a written response within thirty days. If the Master Planner agrees to submit a request, the Master Planner shall have 180 days to submit the SAP application. If the Master Planner denies the request, fails to respond within 30 days, or fails as determined by the Planning Director to diligently pursue the application after agreeing to submit it, by providing drafts of a pattern book and all other SAP elements within 60 days and thereafter pursuing approval in good faith, the property owners may submit a SAP application for review and approval. A copy of a SAP application submitted by property owners must be provided to the Master Planner. Once the application has been deemed complete by the City, the Master Planner shall have 30 days to review and comment in writing before the proposed SAP is scheduled for public hearing by the DRB.

D.

SAP Application Submittal Requirements:

1.

Existing Conditions—An application for SAP approval shall specifically and clearly show the following features and information on maps, drawings, application form or attachments. The SAP shall be drawn at a scale of 1" = 100' (unless otherwise indicated) and may include multiple sheets depicting the entire SAP area, as follows:

a.

Date, north arrow and scale of drawing.

b.

The boundaries of the Specific Area Plan as may be refined and in keeping with the intent of the Villebois Village Master Plan's conceptual location of SAPs. (See Figure 3 "Conceptual Specific Area Plan Boundaries" of the Villebois Village Master Plan.)

c.

A vicinity map showing the location of the SAP sufficient to define its location and boundaries and Clackamas County Tax Assessor's map numbers of the tract boundaries. The vicinity map shall clearly identify the nearest cross streets.

d.

An aerial photograph (at 1" = 500') of the proposed site and properties within 50 feet of the SAP boundary.

e.

The size, dimensions, and zoning of each lot or parcel tax lot and Tax Assessor's map designations for the SAP and properties within 50 feet of the SAP boundary.

f.

The location, dimensions and names, as appropriate, of existing and platted streets and alleys on and within 50 feet of the perimeter of the SAP, together with the location of existing and planned easements, sidewalks, bike routes and bikeways, trails and the location of other important features such as section lines, section corners, and City boundary lines. The plan shall also identify all trees 6 inches and greater d.b.h. on the project site only in that SAP.

g.

Contour lines shall relate to North American Vertical Datum of 1988 and be at minimum intervals as follows:

i.

One foot contours for slopes of up to five percent;

ii.

Two foot contours for slopes of from six percent to 12 percent;

iii.

Five foot contours for slopes of from 12 percent to 20 percent. These slopes shall be clearly identified, and

iv.

Ten foot contours for slopes exceeding 20 percent.

h.

The location of areas designated Significant Resource Overlay Zone (SROZ), and associated 25-foot Impact Areas, within the SAP and within 50 feet of the SAP boundary, as required by Section 4.139.

2.

SAP Development Information—The following information shall also be shown at a scale of 1" = 100' and may include multiple sheets depicting the entire SAP area:

a.

A site circulation plan showing the approximate location of proposed vehicular, bicycle and pedestrian access points and circulation patterns, and parking and loading areas.

b.

The approximate location of all proposed streets, alleys, other public ways, curb extensions, sidewalks, bicycle and pedestrian accessways, neighborhood commons, and easements. The map shall identify existing subdivisions and development and un-subdivided land ownerships adjacent to the proposed SAP site.

c.

The approximate project location, acreage, type, preliminary lot lines and density of the proposed development. For the residential portions of the SAP, the master planner shall identify: 1) the overall minimum and maximum number of housing units to be provided; and 2) the overall minimum and maximum number of housing units to be provided, by housing type.

d.

The approximate locations of proposed parks, playgrounds or other outdoor play areas, outdoor common areas, usable open spaces, and natural resource areas or features proposed for preservation. This information shall include identification of areas proposed to be dedicated or otherwise preserved for public use and those open areas to be maintained and controlled by the owners of the property and their successors in interest for private use. This information shall be provided in tabular form, and shall reconcile all such areas as may have been adjusted through prior approvals.

e.

A composite utility plan illustrating existing and proposed water, sanitary sewer, and storm drainage facilities necessary to serve the SAP.

f.

A grading plan illustrating existing and proposed contours as prescribed previously in this section.

g.

A development sequencing plan.

h.

A utilities sequencing plan.

i.

A bicycle and pedestrian circulation plan.

j.

A tree removal, preservation and protection plan.

k.

A property ownership list, as required by Section 4.035(.04)(A)(6)(j).

l.

At the applicant's expense, the City shall have a Traffic Impact Analysis prepared, as required by Section 4.030(.02)(B), to review the anticipated traffic impacts of the proposed development. This traffic report shall include an analysis of the impact of the SAP on the local street and road network, and shall specify the maximum projected average daily trips and maximum parking demand associated with buildout of the entire SAP, and it shall meet Subsection 4.140(.09)(J)(2).

m.

A master signage and wayfinding plan.

n.

A rainwater management program.

3.

Architectural Pattern Book—An Architectural Pattern Book shall be submitted with a SAP application. The Architectural Pattern Book shall apply to all development outside of the Village Center Boundary, as shown on Figure 1 of the currently adopted Villebois Village Master Plan. An Architectural Pattern Book shall address the following:

a.

Illustrate areas within the Specific Area Plan covered by the Architectural Pattern Book.

b.

An explanation of how the Architectural Pattern Book is organized, and how it is to be used.

c.

Define specific standards for architecture, color, texture, materials, and other design elements.

d.

Include a measurement or checklist system to facilitate review of development conformity with the Architectural Pattern Book.

e.

Include the following information for all middle housing, and single-family detached housing inside and outside of the Village Center, and for all other buildings outside of the Village Center, including Neighborhood Center(s) within the SAP:

i.

Illustrate and describe the Regional and Climatic conditions affecting the SAP, and the proposed building types including:

•

Relationship of indoor and outdoor spaces.

•

Design for rainwater paths including roof forms, gutters, scuppers and downspouts.

•

Design for natural day-lighting.

•

Massing and materials.

f.

Illustrate and describe examples of appropriate architectural styles and how they would be applied to specific land use types, including the definitions (i.e., specifications) of the elements, massing, and facade composition for each style including:

i.

Architectural precedent and/or historic relevance of each style.

ii.

Massing, proportions, and roof forms, including details.

iii.

Doors, windows and entrances showing trim types and details.

iv.

Porches, chimneys and unique features and details.

v.

Materials, colors, light fixtures and accents.

vi.

Downspouts and gutters.

g.

Illustrate and describe examples of appropriate exterior lighting types, and how their design:

i.

Minimizes glare.

ii.

Minimizes emission of light beyond the boundaries of a development site.

iii.

Conserves energy.

iv.

Maintains nighttime safety, utility, security, and productivity.

v.

Minimizes the unnatural brightening of the night sky.

h.

A Master Fencing Program illustrating and describing the specifications and materials for fencing within the SAP.

4.

Community Elements Book—A Community Elements Book shall be submitted, including the following:

a.

Lighting Master Plan and Specifications, which address the requirements of Section 4.125(.18)(D)(3)(g), above.

b.

Lighting Master Plan and Specifications.

c.

Site Furnishings Master Plan and Specifications.

d.

Curb Extensions Master Plan and Specifications.

e.

Street Tree Master Plan and Specifications.

f.

Post Box Specifications.

g.

Bollard Specifications.

h.

Trash Receptacle Specifications.

i.

Recycling Receptacle Specifications.

j.

Bench Specifications.

k.

Bicycle Rack and Locker Specifications.

l.

Playground Equipment Specifications.

m.

Master Plant List and Specifications.

n.

For SAP Central, provide additional information regarding the elements within the Address Overlay Areas.

5.

Rainwater Management Program—A Rainwater Management Program shall be submitted, addressing the following:

a.

Provision for opportunities to integrate water quality, detention, and infiltration into the SAP's natural features and proposed development areas;

b.

Provision of methods reducing the increase in runoff from the 90 ^th percentile of all rain events and meet pre-development hydrology to the greatest extent practicable;

c.

Identification of guidelines and standards for the design of all Rainwater Management Systems within the SAP, that:

i.

Manage the ¼-inch, 24-hour rainfall event at pre-development levels.

ii.

Mitigate 100 percent of impervious area from private areas within public areas and/or private areas (i.e., parks and open space areas, public street rights-of-way).

iii.

Mitigate 100 percent of impervious area from all public areas within public areas (i.e., parks and open space areas, public street rights-of-way).

iv.

Remove 70 percent of Total Suspended Solids (TSS) for ¼-inch, 24-hour storm event for all development areas.

v.

Remove 65 percent of Phosphorous for ¼-inch, 24-hour storm event for all development areas.

vi.

Integrate compost-amended topsoil in all areas to be landscaped to help detain runoff, reduce irrigation and fertilizer needs, and create a sustainable, low-maintenance landscape.

vii.

Treatment associated with stormwater runoff will be considered in meeting Total Suspended Solids (TSS) and Phosphorus removal requirements.

6.

Master Signage and Wayfinding—A Master Signage and Wayfinding Plan shall be submitted with an SAP application and shall address the following:

a.

Illustrate the boundaries of the SAP covered by the Master Signage and Wayfinding Plan.

b.

An explanation of how the Master Signage and Wayfinding Plan is organized and how it is to be used.

c.

Define specific standards for signage and wayfinding elements within the subject SAP.

d.

Define specifications for logo, typography, symbols and color palette.

e.

Narrative shall be submitted as part of the application to adopt the Master Signage and Wayfinding Plan showing how the proposed Master Signage and Wayfinding Plan meets the Purpose statement of W.C. Section 4.156.01 and how the proposed Plan is consistent with site signs, sited directional signs and information signs in other Villebois SAPs. Narrative shall also be provided describing how the proposed Master Signage and Wayfinding Plan compares conceptually with the signage allowed in the Wilsonville Town Center, as described in Section 4.156.08, to ensure that signage is allowed in a[n] equitable manner throughout the City. Section 4.156.08 is not to be used for a direct comparison of sign standards.

7.

Village Center Architectural Standards—Village Center Architectural Standards shall be submitted with an application for the Central SAP. The Village Center Architectural Standards shall apply to the portion of SAP Central within the Village Center boundary. This area is shown on Figure 1 of the currently adopted Master Plan. The Village Center Architectural Standards shall address the following:

a.

Provide an explanation of how the Village Center Architectural Standards is organized, and how it is to be used.

b.

Include a measurement or checklist system to facilitate review of development conformity with the Village Center Architectural Standards.

c.

The Village Center Architectural Standards shall address Village Center Design Standards required by Sections 4.125(.16) and (.17), above.

d.

Illustrate the boundaries of all Address Overlay Areas.

e.

For each Address Overlay Area, the Village Center Architectural Standards shall include a narrative describing the intended characteristics.

f.

The Village Center Architectural Standards shall include standards for all buildings regarding the following elements:

i.

Building massing and proportions.

ii.

Roof forms, including typical components.

iii.

Building components, including but not limited to:

•

Doors and primary entrances.

•

Canopies and awnings.

•

Windows.

•

Porches, balconies, bay windows.

iv.

Exterior materials and color palette

g.

The Village Center Architectural Standards shall work in coordination with the following SAP documents:

i.

The Parks and Open Space Plan.

ii.

The Site Circulation Plan.

iii.

Composite Utility Plan.

iv.

The Master Signage and Wayfinding Plan.

v.

The Community Elements Book.

vi.

The Rainwater Management Program.

8.

SAP Narrative Statement—A narrative statement shall be submitted, addressing the following:

a.

A description, approximate location and timing of each proposed phase of development within the SAP.

b.

An explanation of how the proposed development complies with the applicable standards of this section.

c.

A statement describing the impacts of the proposed development on natural resources within the SAP and how the proposed development complies with the applicable requirements of Chapter 4.

d.

Includes a description of the goals and objectives of the Villebois Village Master Plan and the Design Principles of the V-Zone, and how they will be met for the specified land use area.

e.

Includes information demonstrating how the Architectural Pattern Book satisfies the goals and concepts of the Villebois Village Master Plan, the Design Principles and Design Standards of the Village zone.

f.

Where applicable, a written description of the proposal's conformance with the Village Center Design Principles and Standards.

E.

SAP Approval Process and Review Criteria:

1.

An application for SAP approval shall be reviewed using the following procedures:

a.

Notice of a public hearing before the Development Review Board regarding a proposed SAP shall be made in accordance with the procedures contained in Section 4.012.

b.

The Development Review Board may approve an application for SAP approval only upon finding the following approval criteria are met:

i.

That the proposed SAP:

•

Is consistent with the standards identified in this section.

•

Complies with the applicable standards of the Planning and Land Development Ordinance, and

•

Is consistent with the Villebois Village Master Plan. Those elements of the Village Master Plan with which the SAP must be consistent are the Plan's Goals, Policies, and Implementation Measures, and, except as the text otherwise provides, Figures 1, 5, 6A, 7, 8, 9A, and 9B.

ii.

If the SAP is to be phased, as enabled by Sections 4.125(.18)(D)(2)(g) and (h), that the phasing sequence is reasonable.

iii.

The Development Review Board may require modifications to the SAP, or otherwise impose such conditions, as it may deem necessary to ensure conformance with the Villebois Village Master Plan, and compliance with applicable requirements and standards of the Planning and Land Development Ordinance, and the standards of this section.

F.

Refinements to Approved Villebois Village Master Plan:

1.

In the process of reviewing a SAP for consistency with the Villebois Village Master Plan, the Development Review Board may approve refinements, but not amendments, to the Master Plan. Refinements to the Villebois Village Master Plan may be approved by the Development Review Board, upon the applicant's detailed graphic demonstration of compliance with the criteria set forth in Section 4.125(.18)(F)(2), below. Amendments to the Villebois Village Master Plan may be approved by the Planning Commission as set forth in Section 4.032(.01)(B).

a.

Refinements to the Master Plan are defined as:

i.

Changes to the street network or functional classification of streets that do not significantly reduce circulation system function or connectivity for vehicles, bicycles or pedestrians.

ii.

Changes to the nature or location of park type, trails, or open space that do not significantly reduce function, usability, connectivity, or overall distribution or availability of these uses in the Specific Area Plan.

iii.

Changes to the nature or location of utilities or storm water facilities that do not significantly reduce the service or function of the utility or facility.

iv.

Changes to the location or mix of land uses that do not significantly alter the overall distribution or availability of uses in the affected SAP. For purposes of this subsection, "land uses" or "uses" are defined in the aggregate, with specialty condos, mixed use condos, urban apartments, condos, village apartments, neighborhood apartments, row houses and small detached uses comprising a land use group and medium detached, standard detached, large and estate uses comprising another.

v.

A change in density that does not exceed ten percent, provided such density change does not result in fewer than 2,300 dwelling units in the Village.

vi.

Changes that are significant under the above definitions, but necessary to protect an important community resource or substantially improve the function of collector or minor arterial streets.

b.

As used herein, "significant" means:

i.

More than ten percent of any quantifiable matter, requirement, or performance measure, as specified in [Section 4.125](.18)(F)(1)(a), above, or,

ii.

That which negatively affects an important, qualitative feature of the subject, as specified in [Section 4.125](.18)(F)(1)(a), above.

2.

Refinements meeting the above definition may be approved by the DRB upon the demonstration and finding that:

a.

The refinements will equally or better meet the Goals, Policies and Implementation Measures of the Villebois Village Master Plan.

b.

The refinement will not result in significant detrimental impacts to the environment or natural or scenic resources of the SAP and Village area, and

c.

The refinement will not preclude an adjoining or subsequent SAP area from development consistent with the Master Plan.

3.

Amendments are defined as changes to elements of the Master Plan not constituting a refinement. Amendments to the Master Plan must follow the same procedures applicable to adoption of the Master Plan itself.

G.

Preliminary Development Plan Approval Process (Equivalent to Stage II):

1.

An application for approval of a Preliminary Development Plan for a development in an approved SAP shall:

a.

Be filed with the City Planning Division for the entire SAP, or when submission of the SAP in phases has been authorized by the Development Review Board, for a phase in the approved sequence.

b.

Be made by the owner of all affected property or the owner's authorized agent; and

c.

Be filed on a form prescribed by the City Planning Division and filed with said division and accompanied by such fee as the City Council may prescribe by resolution; and

d.

Set forth the professional coordinator and professional design team for the project; and

e.

State whether the development will include mixed land uses, and if so, what uses and in what proportions and locations.

f.

Include a preliminary land division (concurrently) per Section 4.200, as applicable.

g.

Include a concurrent application for a Zone Map Amendment (i.e., Zone Change) for the subject phase.

2.

The application for Preliminary Development Plan approval shall include conceptual and quantitatively accurate representations of the entire development sufficient to demonstrate conformance with the approved SAP and to judge the scope, size and impact of the development on the community and shall be accompanied by the following information:

a.

A boundary survey or a certified boundary description by a surveyor licensed in the State of Oregon.

b.

Topographic information sufficient to determine direction and percentage of slopes, drainage patterns, and in environmentally sensitive areas, (e.g., flood plain, wetlands, forested areas, steep slopes or adjacent to stream banks). Contour lines shall relate to North American Vertical Datum of 1988 and be at minimum intervals as follows:

i.

One foot contours for slopes of up to five percent;

ii.

Two foot contours for slopes of from six percent to 12 percent;

iii.

Five foot contours for slopes of from 12 percent to 20 percent. These slopes shall be clearly identified, and

iv.

Ten foot contours for slopes exceeding 20 percent.

c.

The location of areas designated Significant Resource Overlay Zone (SROZ), and associated 25-foot Impact Areas, within the PDP and within 50 feet of the PDP boundary, as required by Section 4.139.

d.

A tabulation of the land area to be devoted to various uses, and a calculation of the average residential density per net acre.

e.

The location, dimensions and names, as appropriate, of existing and platted streets and alleys on and within 50 feet of the perimeter of the SAP, together with the location of existing and planned easements, sidewalks, bike routes and bikeways, trails, and the location of other important features such as section lines, section corners, and City boundary lines. The plan shall also identify all trees six inches and greater d.b.h. on the project site only.

f.

Conceptual drawings, illustrations and building elevations for each of the listed housing products and typical non-residential and mixed-use buildings to be constructed within the Preliminary Development Plan boundary, as identified in the approved SAP and where required, the approved Village Center Architectural Standards.

g.

A composite utility plan illustrating existing and proposed water, sanitary sewer, and storm drainage facilities necessary to serve the SAP.

h.

If it is proposed that the Preliminary Development Plan will be executed in phases, the sequence thereof shall be provided.

i.

A commitment by the applicant to provide a performance bond or other acceptable security for the capital improvements required by the project.

j.

At the applicant's expense, the City shall have a Traffic Impact Analysis prepared, as required by Section 4.030(.02)(B), to review the anticipated traffic impacts of the proposed development. This traffic report shall include an analysis of the impact of the SAP on the local street and road network, and shall specify the maximum projected average daily trips and maximum parking demand associated with buildout of the entire SAP, and it shall meet Subsection 4.140(.09)(J)(2).

H.

PDP Application Submittal Requirements:

1.

The Preliminary Development Plan shall conform with the approved Specific Area Plan, and shall include all information required by Sections 4.125(.18)(D)(1) and (2), plus the following:

a.

The location of water, sewerage and drainage facilities;

b.

Conceptual building and landscape plans and elevations, sufficient to indicate the general character of the development;

c.

The general type and location of signs;

d.

Topographic information as set forth in Section 4.035;

e.

A map indicating the types and locations of all proposed uses; and

f.

A grading and erosion control plan illustrating existing and proposed contours as prescribed previously in this section.

2.

In addition to this information, and unless waived by the City's Community Development Director as enabled by Section 4.008(.02)(B), at the applicant's expense, the City shall have a Traffic Impact Analysis prepared, as required by Section 4.030(.02)(B), to review the anticipated traffic impacts of the proposed development. This traffic report shall include an analysis of the impact of the PDP on the local street and road network, and shall specify the maximum projected average daily trips and maximum parking demand associated with buildout of the entire PDP, and it shall meet Subsection 4.140(.09)(J)(2) for the full development of all five SAPs.

3.

The Preliminary Development Plan shall be sufficiently detailed to indicate fully the ultimate operation and appearance of the phase of development. However, approval of a Final Development Plan is a separate and more detailed review of proposed design features, subject to the standards of Section 4.125(.18)(L) through (P), and Section 4.400 through Section 4.450.

4.

Copies of legal documents required by the Development Review Board for dedication or reservation of public facilities, or for the creation of a non-profit homeowner's association, shall also be submitted.

I.

PDP Approval Procedures:

1.

An application for PDP approval shall be reviewed using the following procedures:

a.

Notice of a public hearing before the Development Review Board regarding a proposed PDP shall be made in accordance with the procedures contained in Section 4.012.

b.

A public hearing shall be held on each such application as provided in Section 4.013.

c.

After such hearing, the Development Review Board shall determine whether the proposal conforms to the permit criteria set forth in this Code, and shall approve, conditionally approve, or disapprove the application.

J.

PDP Refinements to an Approved Specific Area Plan:

1.

In the process of reviewing a PDP for consistency with the approved Specific Area Plan, the DRB may approve refinements, but not amendments, to the SAP. Refinements to the SAP may be approved by the Development Review Board, upon the applicant's detailed graphic demonstration of compliance with the criteria set forth in Section [4.125](.18)(J)(2), below.

a.

Refinements to the SAP are defined as:

i.

Changes to the street network or functional classification of streets that do not significantly reduce circulation system function or connectivity for vehicles, bicycles or pedestrians.

ii.

Changes to the nature or location of park type, trails, or open space that do not significantly reduce function, usability, connectivity, or overall distribution or availability of these uses in the Preliminary Development Plan.

iii.

Changes to the nature or location of utilities or storm water facilities that do not significantly reduce the service or function of the utility or facility.

iv.

Changes to the location or mix of land uses that do not significantly alter the overall distribution or availability of uses in the Preliminary Development Plan. For purposes of this subsection, "land uses" or "uses" are defined in the aggregate, with specialty condos, mixed use condos, urban apartments, condos, village apartments, neighborhood apartments, row houses and small detached uses comprising a land use group and medium detached, standard detached, large and estate uses comprising another.

v.

A change in density that does not exceed ten percent, provided such density change has not already been approved as a refinement to the underlying SAP or PDP, and does not result in fewer than 2,300 dwelling units in the Village.

vi.

Changes that are significant under the above definitions, but necessary to protect an important community resource or substantially improve the functioning of collector or minor arterial streets.

b.

As used herein, "significant" means:

i.

More than ten percent of any quantifiable matter, requirement, or performance measure, as specified in [Section 4.125](.18)(J)(1)(a), above, or,

ii.

That which negatively affects an important, qualitative feature of the subject, as specified in [Section 4.125](.18)(J)(1)(a), above.

2.

Refinements meeting the above definition may be approved by the DRB upon the demonstration and finding that:

a.

The refinements will equally or better meet the conditions of the approved SAP, and the Goals, Policies and Implementation Measures of the Villebois Village Master Plan.

b.

The refinement will not result in significant detrimental impacts to the environment or natural or scenic resources of the PDP and Village area, and

c.

The refinement will not preclude an adjoining or subsequent PDP or SAP areas from development consistent with the approved SAP or the Master Plan.

3.

Amendments to the SAP, not including SAP amendments for phasing, must follow the same procedures applicable to adoption of the SAP itself. Amendments are defined as changes to elements of the SAP not constituting a refinement.

4.

Amendments to the SAP for phasing will be processed as a Class II administrative review proposal.

K.

PDP Approval Criteria. The Development Review Board may approve an application for a PDP only upon finding that the following approval criteria are met:

1.

That the proposed PDP:

a.

Is consistent with the standards identified in this section.

b.

Complies with the applicable standards of the Planning and Land Development Ordinance, including Sections 4.140(.09)(J)(1)—(3).

c.

Is consistent with the approved Specific Area Plan in which it is located.

d.

Is consistent with the approved Architectural Pattern Book and, where required, the approved Village Center Architectural Standards.

2.

If the PDP is to be phased, that the phasing schedule is reasonable and does not exceed two years between commencement of development of the first, and completion of the last phase, unless otherwise authorized by the Development Review Board.

3.

Parks within each PDP or PDP phase shall be constructed prior to occupancy of 50 percent of the dwelling units in the PDP or PDP phase, unless weather or other special circumstances prohibit completion, in which case bonding for the improvements shall be permitted.

4.

In the Central SAP, parks shall be constructed within each PDP as provided above, and that pro rata portion of the estimated cost of Central SAP parks not within the PDP, calculated on a dwelling unit basis, shall be bonded or otherwise secured to the satisfaction of the City.

5.

The Development Review Board may require modifications to the PDP, or otherwise impose such conditions as it may deem necessary to ensure conformance with the approved SAP, the Villebois Village Master Plan, and compliance with applicable requirements and standards of the Planning and Land Development Ordinance, and the standards of this section.

L.

Final Development Plan Approval Procedures (Equivalent to Site Design Review):

1.

Unless an extension has been granted by the Development Review Board as enabled by Section 4.023, an application for FDP approval on lands within the Central SAP or multi-family dwellings outside of the Central SAP shall be filed within two years after the approval of a PDP. All applications for approval of a FDP shall:

a.

Be filed with the City Planning Division for the entire FDP, or when submission of the PDP in phases has been authorized by the Development Review Board, for a phase in the approved sequence.

b.

Be made by the owner of all affected property or the owner's authorized agent.

c.

Be filed on a form prescribed by the City Planning Division and filed with said division and accompanied by such fee as the City Council may prescribe by resolution.

d.

Set forth the professional coordinator and professional design team for the project.

M.

FDP Application Submittal Requirements:

1.

An application for approval of a FDP shall be subject to the provisions of Section 4.034.

N.

FDP Approval Procedures:

1.

An application for approval of a FDP shall be subject to the provisions of Section 4.421

O.

FDP Refinements to an Approved Preliminary Development Plan:

1.

In the process of reviewing a FDP for consistency with the underlying Preliminary Development Plan, the DRB may approve refinements, but not amendments, to the PDP. Refinements to the PDP may be approved by the Development Review Board, upon the applicant's detailed graphic demonstration of compliance with the criteria set forth in Section 4.125(.18)(O)(2), below.

a.

Refinements to the PDP are defined as:

i.

Changes to the street network or functional classification of streets that do not significantly reduce circulation system function or connectivity for vehicles, bicycles or pedestrians.

ii.

Changes to the nature or location of park type, trails, or open space that do not significantly reduce function, usability, connectivity, or overall distribution or availability of these uses in the PDP.

iii.

Changes to the nature or location of utilities or storm water facilities that do not significantly reduce the service or function of the utility or facility.

iv.

Changes to the location or mix of land uses that do not significantly alter the overall distribution or availability of uses in the affected PDP. For purposes of this subsection, "land uses" or "uses" are defined in the aggregate, with specialty condos, mixed use condos, urban apartments, condos, village apartments, neighborhood apartments, row houses and small detached uses comprising a land use group and medium detached, standard detached, large and estate uses comprising another.

v.

Changes that are significant under the above definitions, but necessary to protect an important community resource or substantially improve the functioning of collector or minor arterial streets.

b.

As used herein, "significant" means:

i.

More than ten percent of any quantifiable matter, requirement, or performance measure, as specified in [Section 4.125](.18)(O)(1)(a), above, or,

ii.

That which negatively affects an important, qualitative feature of the subject, as specified in [Section 4.125](.18)(F)(1)(a), above.

2.

Refinements meeting the above definition may be approved by the DRB upon the demonstration and finding that:

a.

The refinements will equally or better meet the approved conditions of approval of the PDP.

b.

The refinement will not result in significant detrimental impacts to the environment or natural or scenic resources of the PDP, the associated SAP, and

c.

The refinement will not preclude adjoining or subsequent PDPs, associated or adjoining SAPs from development consistent with an approved SAP or the Villebois Village Master Plan.

3.

Amendments to the PDP must follow the same procedures applicable to adoption of the PDP itself. Amendments are defined as changes to elements of the PDP not constituting a refinement.

P.

FDP Approval Criteria:

1.

An application for approval of a FDP shall be subject to the provisions of Section 4.421.

2.

An application for an FDP shall demonstrate that the proposal conforms to the applicable Architectural Pattern Book, Community Elements Book, Village Center Architectural Standards and any conditions of a previously approved PDP.

(.19)

Expiration of SAP, PDP and FDP Approvals. A SAP approval shall not expire. A PDP or FDP approval shall expire two years after its approval date, if substantial development has not occurred on the property prior to that time. Provided, however, that the Development Review Board may extend these expiration times for up to three additional periods of not more than one year each. Applicants seeking time extensions shall make their requests in writing at least 30 days in advance of the expiration date. Requests for time extensions shall only be granted upon a showing that the applicant has in good faith attempted to develop or market the property in the preceding year or that development can be expected to occur within the next year. For purposes of this section, "substantial development" is deemed to have occurred if the subsequently-required development approval, building permit or public works permit has been submitted for the development, and the development has been diligently pursued, including the completion of all conditions of approval established for the permit.

(.20)

Adherence to Approved Plan and Modification Thereof: The applicant shall agree in writing to be bound, for her/himself and her/his successors in interest, by the conditions prescribed for approval of a FDP. The approved FDP and phase development sequence shall control the issuance of all building permits and shall restrict the nature, location and design of all uses. Minor changes in an approved FDP may be approved by the Planning Director if such changes are consistent with the purposes and general character of the approved development plan. All other modifications, excluding revision of the phase development sequence, shall be processed in the same manner as the original application and shall be subject to the same procedural requirements.

(.21)

In the event of a failure to comply with the approved FDP, or any prescribed condition of approval, including failure to comply with the phase development schedule, the Development Review Board may, after notice and hearing, revoke a FDP. General economic conditions that affect all in a similar manner may be considered as a basis for an extension of a development schedule.

(.22)

In the Village Zone approved SAPs, PDPs, and FDPs, are considered "approved plans" and are the basis of legal conforming status of development consistent with Subsection 4.140(.10)C. SAPs, PDPs, and FDPs can become legal non-conforming in the same manner as other planned developments in the City as described in Subsection 4.140(.10)C.

(.23)

Redevelopment to Add Middle Housing Units: For lots previously developed with at least one residential unit in the Village Zone, the following standards apply for adding additional residential units. This includes replacement of residential structures, adding new residential structures, expanding existing residential structures, or adding units within a residential structure without expanding the structure.

A.

Residential Density Calculation:

1.

Middle housing units other than townhouses shall be exempt from maximum density requirements beyond one unit per lot. The maximum density for townhouses shall be the less of: (1) four times the density permitted for single-family detached dwellings, or (2) 25 dwelling units per net acre.

B.

Lot and Development Standards: The standards of Table V-1 for single-family dwellings apply with the following exceptions:

1.

The minimum lot size for duplexes and two-unit cluster housing is the same as single-family homes.

2.

The minimum lot size for triplexes and three-unit cluster housing is 5,000 square feet.

3.

The minimum lot size for quadplexes, four-unit cluster housing, and cottage clusters is 7,000 square feet

4.

If front, rear, or side setbacks would otherwise exceed ten feet for cottage clusters they shall be reduced to ten feet.

5.

Cottage clusters are exempt from maximum lot coverage standards.

6.

Cottage clusters must be developed at a minimum density of four units per acre.

C.

Compliance with Architectural Pattern Book: Where the size of the residential structure and lot is the same as shown for one of the unit types in the Architectural Pattern Book for the PDP, all standards for that unit type shall be adhered to. If the residential structure or lot size does not match at least one of the unit types in the Architectural Pattern Book, only the Architectural Styles, Architectural Patterns (can comply with the unit type of choice but must follow variety rules such as rules of adjacency), and Fencing must be complied with.

D.

Parking: Parking shall be provided consistent with Table V-2 and other related provisions of Section 4.125.

(.24)

The Village Zone zoning designation shall not be applied to any land not within the boundaries of the Villebois Village Master Plan as of December 31, 2021.

(Ord. No. 557, 9-5-2003; Ord. No. 565, 6-21-2004; Ord. No. 579, 3-7-2005; Ord. No. 587, 5-16-2005; Ord. No. 595, 9-19-2005; Ord. No. 596, 10-3-2005; Ord. No. 595, 12-5-2005; Ord. No. 607, 4-3-2006; Ord. No. 667, 8-17-2009; Ord. No. 677, 3-1-2010; Ord. No. 682, 9-9-2010; Ord. No. 704, 6-18-2012; Ord. No. 719, 6-17-2013)

(.01)

Purpose. The Residential Neighborhood (RN) zone applies to lands within Residential Neighborhood Comprehensive Plan Map designation. The RN zone is a Planned Development zone, subject to applicable Planned Development regulations, except as superseded by this section or in legislative master plans. The purposes of the RN Zone are to:

A.

Implement the Residential Neighborhood policies and implementation measures of the Comprehensive Plan.

B.

Implement legislative master plans for areas within the Residential Neighborhood Comprehensive Plan Map designation.

C.

Create attractive and connected neighborhoods in Wilsonville.

D.

Regulate and coordinate development to result in cohesive neighborhoods that include: walkable and active streets; a variety of housing appropriate to each neighborhood; connected paths and open spaces; parks and other non-residential uses that are focal points for the community; and, connections to and integration with the larger Wilsonville community.

E.

Encourage and require quality architectural and community design as defined by the Comprehensive Plan and applicable legislative master plans.

F.

Provide transportation choices, including active transportation options.

G.

Preserve and enhance natural resources so that they are an asset to the neighborhoods, and there is visual and physical access to nature.

H.

Create housing opportunities for a variety of households, including housing types that implement the Wilsonville Equitable Housing Strategic Plan and housing affordability provisions of legislative master plans.

(.02)

Permitted uses:

A.

Open Space.

B.

Residential dwelling units with the following limitations:

1.

Frog Pond West Neighborhood:

a.

During initial development:

i.

a maximum of two townhouses may be attached, except on corner lots, a maximum of three townhouses may be attached.

ii.

triplexes are permitted only on corner lots, and quadplexes are not permitted.

iii.

only two-unit cluster housing is permitted except on corner lots where three-unit cluster housing is permitted.

b.

Multi-family dwelling units are not permitted within the Frog Pond West Neighborhood, consistent with the Frog Pond West Master Plan.

2.

In the Frog Pond East and South Neighborhoods, the extent and mix of different types of dwelling units is limited and controlled by the variety standards in Subsection (.06) C.—E. and related standards.

3.

Multi-family dwelling units are only allowed in the Commercial Main Street Area in the Frog Pond East Neighborhood if contained within a mixed-use development. The Commercial Main Street Area is as described in Subsection (.07) A. 1. and shown in Figure A-7.

C.

Public or private parks, playgrounds, recreational and community buildings and grounds, tennis courts, and similar recreational uses, all of a non-commercial nature, provided that any principal building or public swimming pool shall be located not less than 45 feet from any other lot.

D.

For the Commercial Main Street area described in Subsection (.07) A. 1. and shown in Figure A-7, the ground floor allows commercial uses listed under 1.—9. below. Drive-through commercial uses are prohibited. A minimum of 50 percent of the building frontage along SW Brisband Street must be occupied by these uses with the remainder of the frontage allowed to be Live-Work Dwelling Units.

1.

Retail sales and service of retail products, under a footprint of 30,000 square feet per tenant.

2.

Office, including medical facilities.

3.

Personal and professional services.

4.

Child and/or day care.

5.

Food or Beverage service (e.g., restaurants, cafes, brewpubs, bars).

6.

Community services and community centers.

7.

Commercial recreation.

8.

Religious institutions.

9.

Business-Integrated Dwelling Units accessory to uses listed 1.—9. above.

(.03)

Permitted accessory uses:

A.

Accessory uses, buildings and structures customarily incidental to any of the principal permitted uses listed above, and located on the same lot.

B.

Living quarters without kitchen facilities for persons employed on the premises or for guests. Such facilities shall not be rented or otherwise used as a separate dwelling unless approved as an accessory dwelling unit or duplex.

C.

Accessory Dwelling Units, subject to the standards of Section 4.113 (.10).

D.

Home occupations.

E.

A private garage or parking area.

F.

Keeping of not more than two roomers or boarders by a resident household.

G.

Temporary buildings for uses incidental to construction work, which buildings shall be removed upon completion or abandonment of the construction work.

H.

Accessory buildings and uses shall conform to front and side yard setback requirements. If the accessory buildings and uses do not exceed 120 square feet or ten feet in height, and they are detached and located behind the rear-most line of the main buildings, the side and rear yard setbacks may be reduced to three feet.

I.

Livestock and farm animals, subject to the provisions of Section 4.162.

(.04)

Uses permitted subject to Conditional Use Permit requirements:

A.

Public and semi-public buildings and/or structures essential to the physical and economic welfare of an area, such as fire stations, sub-stations and pump stations.

B.

Commercial Recreation, including public or private clubs, lodges or meeting halls, golf courses, driving ranges, tennis clubs, community centers and similar commercial recreational uses. Commercial Recreation will be permitted upon a finding that it is compatible with the surrounding residential uses and promotes the creation of an attractive, healthful, efficient and stable environment for living, shopping or working. All such uses except golf courses and tennis courts shall conform to the requirements of Section 4.124(.04)(D) (Neighborhood Commercial Centers).

C.

Churches; public, private and parochial schools; public libraries and public museums.

D.

Neighborhood Commercial Centers limited to the provisions of goods and services primarily for the convenience of and supported by local residents. Neighborhood Commercial Centers are only permitted where designated on an approved legislative master plan.

(.05)

Residential Neighborhood Zone Sub-districts:

A.

RN Zone sub-districts may be established to provide area-specific regulations that implement legislative master plans.

1.

For the Frog Pond West Neighborhood, the sub-districts are listed in Table 1 of this Code and mapped on Figure 6 of the Frog Pond West Master Plan. The Frog Pond West Master Plan Sub-District Map serves as the official sub-district map for the Frog Pond West Neighborhood.

2.

The area of the Frog Pond East and South Master Plan is divided into subdistricts described below, as shown for reference in Figure A-5:

a. Subdistrict E1. The area south of SW Kahle Road and the BPA Easement, east of SW Stafford Road, and north of an existing east-west property line approximately 1,232 feet north of SW Advance Road and 1,315 south of SW Kahle Road.

b. Sudistrict E2. The area outside the SROZ south of SW Kahle Road, north of the BPA Easement, and west of a creek intersecting SW Kahle Road approximately 1,580 feet east of SW Stafford Road.

c. Subdistrict E3. The area outside the SROZ south of SW Kahle Road, north of the BPA Easement, east of Subdistrict E2, and west of and abutting the eastern edge of the Master Plan area.

d. Subdistrict E4. The area south of Subdistrict E1, east of SW Stafford Road, north of SW Advance Road, and west of future 63 ^rd Avenue extension from the intersection of SW Advance Road and SW 63 ^rd Avenue north to Subdistrict 1.

e. Subdistrict E5. The area south of Subdistrict E1 and the BPA Easement, east of Subdistrict E4, north of SW Advance Road, and west of future 60 ^th Avenue extension from the intersection of SW Advance Road and SW 60 ^th Avenue north to the BPA Easement.

f. Subdistrict E6. The area south of the BPA Easement, east of Subdistrict E5, north of SW Advance Road, and west of and abutting the eastern edge of the Master Plan area.

g. Subdistrict S1. The area south of SW Advance Road, east of and abutting the western edge of the Master Plan area, north of the Meridian Creek Middle School property, and west of SW 63 ^rd Avenue.

h. Subdistrict S2. The area south of SW Advance Road, east of SW 60 ^th Avenue, and north of an existing property line approximately 956 feet south of SW Advance Road, and west of and abutting the eastern edge of the Master Plan area.

i. Subdistrict S3. The area south of Subdistrict S2, east of SW 60 ^th Avenue, north of SW Kruse Road, and west of and abutting the eastern edge of the Master Plan area.

j. Subdistrict S4. The area south of the Meridian Creek Middle School property, east of and abutting the western edge of the Master Plan area, north of and abutting the southern edge of the Master Plan area, and west of SW 60 ^th Avenue.

Figure A-5. Frog Pond East and South Land Uses and Subdistrict Boundaries

(.06)

Development Allowances:

A.

The minimum and maximum number of residential lots approved shall be consistent with this Code and applicable provisions of an approved legislative master plan.

1.

For initial development of the Frog Pond West Neighborhood, Table 6A in this Code and Frog Pond West Master Plan Table 1 establish the minimum and maximum number of residential lots for the sub-districts.

2.

For areas that are a portion of a sub-district in the Frog Pond West Neighborhood, the minimum and maximum number of residential lots are established by determining the proportional gross acreage outside of the SROZ and applying that proportion to the minimums and maximums listed in Table 1. The maximum density of the area may be increased, up to a maximum of ten percent of what would otherwise be permitted, based on an adjustment to an SROZ boundary that is consistent with 4.139.06.

B.

The City may allow a reduction in the minimum density for a sub-district in the Frog Pond West Neighborhood when it is demonstrated that the reduction is necessary due to topography, protection of trees, wetlands and other natural resources, constraints posed by existing development, infrastructure needs, provision of non-residential uses and similar physical conditions.

^a. Each lot must contain at least one dwelling unit but may contain additional units consistent with the allowance for ADUs and middle housing.

^b. For townhouses, the combined lots of the townhouse project shall be considered a single lot for the purposes of the minimum and maximum of this table. In no case shall the density of a townhouse project exceed 25 dwelling units per net acre.

^c. These metrics apply to infill housing within the Community of Hope Church property, should they choose to develop housing on the site. Housing in the Civic sub-district is subject to the R-7 Medium Lot Single Family regulations.

C.

Table 6B establishes the minimum number of housing units that must be developed within each subdistrict and tax lot in the Frog Pond East and South neighborhoods. This includes the minimum number of units of various housing types needed to ensure a variety of housing options throughout the neighborhoods consistent with the Frog Pond East and South Master Plan. Housing unit types are defined in Section 4.001 and the footnotes to Table 6B.

Notes:

A. Cluster Housing is among the housing types defined as Middle Housing in Section 4.001, but only Cluster Housing meeting at least one of the criteria in this footnote shall be counted as Middle Housing for the purpose of meeting the minimum number of Middle Housing units in Table 6B. The purpose of this requirement is to prevent Cluster Housing that is substantially the same as Single-family Dwelling Units from being counted.

Criteria to Determine if Cluster Housing can be counted towards the minimum number of Middle Housing units in Table 6B:

Criterion 1: No Middle Housing Land Division is dividing the lot on which the Cluster Housing is placed. A future land division is not considered if it occurs at least three years after occupancy is granted for the last dwelling unit on the lot.

Criterion 2: A Middle Housing Land Division is proposed but at least half of the resulting Middle Housing Land Division Units do not front on a street, tract with a private drive, or open space tract.

Criterion 3: A Middle Housing Land Division is proposed, but more than half of the dwelling units on the lot on which the Cluster Housing unit or units are placed are attached Middle Housing units or Cottage Cluster units.

B. A single dwelling unit may be counted to meet the minimum requirement in multiple categories. For example, a 900 square foot cottage in a cottage cluster could be counted as a middle housing unit, a small unit, and a mobility-ready unit.

C. Small dwelling units must be 1,200 square feet or less of Habitable Floor Area, as defined in Section 4.001.

D. Only required if the Net Development Area for the Stage I Master Plan area is greater than two acres.

E. Only required if the Net Development Area for the Stage I Master Plan area is greater than five acres.

F. Up to 33 percent of the minimum number of mobility-ready units, or up to one unit where only one or two units are required, may have portions of the habitable floor area accessible by stairs so long as the dwelling unit would still otherwise meet the definition of mobility-ready unit without the habitable floor area accessed by stairs.

G. Where a Stage I Master Plan area covers portions of multiple subdistricts, one of either the middle housing OR small dwelling unit requirement for a subdistrict may be partially or fully met by excess dwelling units meeting the requirement[s] from a neighboring subdistrict within the same Stage I Master Plan so long as the following eligibility requirements are met:

1. the dwelling unit category variety in Subsection (.06)E. will continue to be met for each Subdistrict or portion thereof.

2. the minimum for the requirement in the subdistrict from which the excess is credited is exceeded by at least the same amount as is being counted in the receiving subdistrict so as to ensure no dwelling unit is counted towards meeting the minimum in both subdistricts.

3. the number and type of dwelling units equal to the amount credited are adjacent to the receiving subdistrict determined by being across a proposed shared property line at a subdistrict boundary or across and fronting the street where a street forms the subdistrict boundary.

H. Where a Stage I Master Plan area covers portions of multiple subdistricts, the mobility-ready requirement for a subdistrict may be partially or fully met by counting excess mobility-ready dwelling units from a neighboring subdistrict within the same Stage I Master Plan so long as the following eligibility requirements are met:

1. the minimum for the requirement in the subdistrict from which the excess is credited is exceeded by at least the same amount as is being counted in the receiving subdistrict so as to ensure no dwelling unit is counted towards meeting the minimum in both subdistricts.

2. the number of mobility-ready dwelling units equal to the amount credited are near the receiving subdistrict determined by being within a block of the subdistrict boundary.

I. Where an application includes two or more adjacent tax lots within the same subdistrict, the minimum does not need to be met on each individual tax lot so long as the total number of units proposed for all the included tax lots within the same subdistrict is equal to or greater than the sum of the minimums in this table for the included tax lots.

J. Only required if a tax lot is combined with another tax lot in a Stage I Master Plan. Multiple Stage I Master Plans for adjacent tax lots with the same owner or related owners (i.e. LLCs with the same ownership interest) shall not be allowed concurrently or within 12 months.

1.

As an alternative to Table 6B when the Net Development Area is less than 70 percent of the Gross Development Area, the applicant may adjust the minimum requirements in Table 6B using the following steps:

Step 1. Determine the Reduction Ratio. Divide the Net Development Area by a number equal to 70 percent of the Gross Development Area, round to the nearest 100 ^th . This is the Reduction Ratio.

Step 2. Multiply each applicable minimum in Table 6B by the Reduction Ratio determined in Step 1. Round each result up to the nearest whole number. These are the new alternative minimum requirements.

D.

Housing Unit Types for Frog Pond East and South Neighborhoods

1.

Purpose: As further expressed in the Frog Pond East and South Master Plan, the variety requirements create opportunities for a variety of housing choices in each neighborhood and subdistrict focusing on mixing and integrating different housing choices throughout the Frog Pond East and South Neighborhoods rather than having separate areas for separate housing unit categories.

2.

Housing Unit Types and Categories for Housing Variety Standards are in Table 6C.

Table 6C Housing Unit Categories and Types

Notes:

^A  For the purpose of this table and related variety requirements, when a lot with cluster housing is divided using a Middle Housing Land Division and a resulting Land Division Unit has frontage on a street, tract with a private drive, or open space tract, the housing unit on the resulting land division unit shall be classified the same as a detached dwelling unit on its own lot. To qualify as a Middle Housing Unit, there must not be a Middle Housing Land Division or the resulting land division unit is a configuration dissimilar to a lot for a detached single-family home, determined by the resulting land division unit not having frontage on a street, tract with a private drive, or open space tract. A future middle housing land division would not alter the housing unit type as long as such middle housing land division is applied for at least 24 months after occupancy is granted for the dwelling unit.

E.

Unit Type Variety for East and South Neighborhoods:

1.

Required Number of Unit Types in a Development. To ensure variety throughout the Master Plan area, while accommodating efficient site planning for smaller developments, the following is the number of Unit Types, listed in Table 6C, required based on the Net Development Area in the smaller of a Stage I Master Plan Area or Subdistrict. To be counted towards the minimum Unit Type requirement, the applicable dwelling units must represent, at a minimum, either five percent of the Net Development Area or ten percent of the planned units within the development.

Two acres or less—One Unit Type Required

More than two acres up to five acres—Two Unit Types Required

More than five acres—Three Unit Types Required

2.

Maximum Net Area for A Single Unit Type. These standards help ensure no single housing unit type dominates any Subdistrict or large portion thereof. Except for small developments requiring only one Unit Type under E.1. above, no more than 60 percent of the Net Development Area of the smaller of a Stage I Master Plan Area or Subdistrict shall be planned for the development a single Unit Type listed in Table 6C.

a.

Where an individual lot in a development has multiple unit types (e.g. ADU on same lot as Detached Unit Type), the Net Development Area shall be assigned by dividing the net area of the lot and adjacent area (i.e. alleys) proportionally based on number of each unit type. For example, for an ADU on a detached home lot, 50 percent of the net area would be assigned to the ADU and 50 percent of the net area would be assigned to the detached home regardless of the relative percent of the lot they each occupy.

3.

In Subdistrict E4, Net Development Area (parking, drive aisles, landscaping) associated with the Commercial Main Street does not count towards Net Development Area for the purpose of these standards, but the building footprint of the mixed-use buildings does.

F.

Pursuant to State of Oregon middle housing statute and administrative rules, any lot identified for single-family development in the Stage I or II Master Plan can also be developed or redeveloped as middle housing even if the maximum percentage of a Middle Housing Unit Type, as listed in Table 6C, is exceeded. However, this does not allow the maximum for a single Middle Housing Unit Type to be exceeded in initial planning or compliance verification. This would only apply at the time of future building permit issuance or replat of individual lots.

(.07)

Frog Pond East and South Urban Form Types:

A.

The Frog Pond East and South Neighborhoods are divided into different Urban Form Type designations whose boundaries are described by Subdistrict in B. below and illustrated for reference in Figure A-7 below. Applicability of development standards are based on these designations. The designations and their purpose are as follows:

1.

Commercial Main Street: This urban form is for a limited area along SW Brisband Street between SW Stafford Road and the extension of SW 63 ^rd Avenue. Its purpose is to create a pedestrian-oriented, mixed-use commercial street feel.

2.

Urban Form Type 1: The purpose of this Urban Form Type is to create the most compact and urban of the three residential forms. This is primarily represented by larger buildings, including full block width, with less setbacks than other residential Urban Form Types.

3.

Urban Form Type 2: The purpose of this Urban Form Type is to create a moderately compact and urban look and feel between Urban Form Type 1 and Type 3. This is primarily represented by allowing moderate building widths, including not allowing buildings to be block length as allowed in Urban Form Type 1, and requiring moderate setbacks.

4.

Urban Form Type 3: The purpose of this Urban Form is to create a less compact and urban look and feel. This is primarily represented by limiting the width of buildings, encouraging shorter building height, and providing for larger setbacks.

B.

Urban Form area boundary descriptions:

1.

Subdistrict E1:

a.

Urban Form Type 1: The area of the Subdistrict east of the framework street that is an extension of SW 63 ^rd Avenue and connecting to the framework street crossing the BPA easement.

b.

Urban Form Type 2: The area of the Subdistrict west and south of the framework street(s) that are an extension of SW 63 ^rd Avenue and SW Frog Pond Lane.

c.

Urban Form Type 3: The area of the Subdistrict west of the framework street connecting across the BPA easement and north of the framework street that is an extension of SW Frog Pond Lane, except for the Frog Pond Grange area described in Subsection (.24) A. below.

2.

Subdistrict E2:

a.

Urban Form Type 2: A contiguous area of between 6 and 6.5 gross development acres, as proposed by the developer based on the location of non-framework local streets, extending the south to north extent of the Subdistrict from the BPA easement to SW Kahle Road, and located immediately to the east of and adjacent to the framework street connecting across the BPA easement.

b.

Urban Form Type 3: The far west and east area of the Subdistrict that is not Urban Form Type 2.

3.

Subdistrict E3:

a.

Urban Form Type 2: A contiguous area of between 8 and 8.5 gross development acres, as proposed by the developer based on the location of non-framework local streets, centered in the Subdistrict immediately south of and adjacent to SW Kahle Road, and not being within 125 feet of the eastern edge of the Subdistrict or the SROZ.

b.

Urban Form Type 3: The surrounding area of the Subdistrict that is not Urban Form Type 2.

4.

Subdistrict E4:

a.

Commercial Main Street: The area of existing Tax Lot 1101 centered on SW Brisband Street extending east to west across the Subdistrict and extending between 125 feet and 160 feet both north and south of SW Brisband Street. The exact boundary north and south of SW Brisband Street will be proposed by the developer.

b.

Urban Form Type 1:

i.

The eastern half of the Subdistrict area north of the Commercial Main Street area.

ii.

The eastern half of the Subdistrict area (east of the SROZ) south of the Commercial Main Street area extending south to within approximately 250 feet of SW Advance Road. The exact southern limit will be proposed by the developer based on the location of any local streets, and if no local street, based on proposed property lines. The southern limits must be between 235 feet and 265 feet north of SW Advance Road. If at time of development of this area a local street is established in Subdistrict E5 serving as a boundary between Urban Form Type 1 and Urban Form Type 2 in that Subdistrict, then the boundary for this area shall be the closest street or property line to the centerline of that street measured at the intersection of SW 63 ^rd Avenue.

c.

Urban Form Type 2:

i.

The western half of the Subdistrict area north of the Commercial Main Street area.

ii.

The western half of the Subdistrict area south of the Commercial Main Street area and west of the SROZ.

iii.

The eastern half of the Subdistrict area south of the Commercial Main Street area, east of the SROZ, and south of the Urban Form Type 1 area that is south of the Commercial Main Street area.

5.

Subdistrict E5:

a.

Urban Form Type 1: the northern portion of the Subdistrict extending south to within approximately 250 feet of SW Advance Road and extending east to west across the entire Subdistrict. The exact southern limit will be proposed by the developer based on the location of an east-west local street which would be the boundary between Urban Form Type Areas. The centerline of this boundary street must be between 230 feet and 270 feet north of SW Advance Road and is encouraged to be as close as possible to 250 feet north.

b.

Urban Form Type 2: The southern portion of the Subdistrict south of the Urban Form Type 1 area and north of SW Advance Road.

6.

Subdistrict E6:

a.

Urban Form Type 2: the western portion of the Subdistrict extending east approximately 680 feet east from SW 60 ^th Avenue. The exact eastern limit will be proposed by the developer based on the location of a local street or property lines which would be the boundary between Urban Form Type Areas. The boundary must be between 660 feet and 700 [feet] east of SW 60 ^th Avenue and is encouraged to be a[as] close as possible to 680 feet.

b.

Urban Form Type 3: The eastern portion of the Subdistrict east of the Urban Form Type 2 area, north of SW Advance Road and south of the BPA Easement.

7.

Subdistrict S1:

a.

Urban Form Type 2: The entire Subdistrict is Urban Form Type 2.

8.

Subdistrict S2:

a.

Urban Form Type 2: The western portion of the Subdistrict, extending east of SW 60 ^th Avenue approximately 360 feet east from the northern boundary of SW Advance Road to a point 340 feet south of SW Advance Road and approximately 500 feet east of SW 60 ^th Avenue from that point to the southern boundary of the Subdistrict. The exact limits will be proposed by the developer based on the location of a local streets or property lines which would be the boundary between Urban Form Type areas. The east boundary must be, respectively, between 480 feet and 520 feet east of SW 60 ^th Avenue and is encouraged to be as close as possible to 500 feet in the southern portion, and between 320 and 360 feet east of SW 60 ^th Avenue and is encouraged to be as close as possible to 340 feet in the northern portion of the Subdistrict.

b.

Urban Form Type 3: The eastern portion of the Subdistrict, east of the Urban Form Type 2 area.

9.

Subdistrict S3:

a.

Urban Form Type 1: a west central portion of the Subdistrict extending approximately 220 feet east of SW 60 ^th Avenue between a point directly east of the northern boundary of Subdistrict S4 (the southern property line of the Meridian Creek Middle School property) and a point approximately 320 feet north of SW Kruse Road. The exact limits will be proposed by the developer based on the location of local streets or property lines which would be the boundary between Urban Form Type areas. The east boundary must be between 200 feet and 240 feet east of SW 60 ^th Avenue and is encouraged to be as close as possible to 220 feet. The north boundary must be within 20 feet of the northern boundary of Subdistrict S4 and is encourage to be as close as possible to that boundary. The south boundary must be between 300 feet and 340 feet north of SW Kruse Road and is encouraged to be as close as possible to 320 feet.

b.

Urban Form Type 2: The description is broken into a northern and southern area, with the boundary between northern and southern area being a line extending east from the northern boundary of Subdistrict S4 (the southern property line of the Meridian Creek Middle School property).

i.

For the northern area of the Subdistrict: The western portion of the Subdistrict extending from SW 60 ^th Avenue to the east approximately 500 feet. The exact limits will be proposed by the developer based on the location of a local streets or property lines which would be the boundary between Urban Form Type areas. The east boundary must be, respectively, between 480 feet and 520 [feet] east of SW 60 ^th Avenue and is encouraged to be a[s] close as possible to 500 feet.

ii.

For the southern area of the Subdistrict: The western portion of the Subdistrict, excluding the Urban Form Type 1 area, extending from SW 60 ^th Avenue to the east approximately 340 feet. The exact limits will be proposed by the developer based on the location of a local streets or property lines which would be the boundary between Urban Form Type areas. The east boundary must be between 320 [feet] and 360 feet east of SW 60 ^th Avenue and is encouraged to be as close as possible to 340 feet.

c.

Urban Form Type 3: The eastern portion of the Subdistrict, east of the Urban Form Type 2 areas.

10.

Subdistrict S4:

a.

Urban Form Type 1: The northeastern portion of the Subdistrict extending west of SW 60 ^th Avenue approximately 380 feet and south to approximately 320 feet north of SW Kruse Road. The exact western and southern limit will be proposed by the developer based on the location of local streets or property lines which would be the boundary between Urban Form Type areas. The west boundary must be between 360 feet and 400 feet west of SW 60 ^th Avenue and is encouraged to be as close as possible to 380 feet. The south boundary must be between 300 feet and 340 feet north of SW Kruse Road and is encouraged to be as close as possible to 320 feet.

b.

Urban Form Type 2: The northeastern portion of the Subdistrict west and south of the Urban Form Type 1 area, extending west from the Urban Form Type 1 boundary to approximately 570 feet west of SW 60 ^th Avenue and south to a future local street extension of SW Kruse Road. The exact western limit will be proposed by the developer based on the location of a local streets or property lines which would be the boundary between Urban Form Type areas. The west boundary must be between 550 feet and 590 feet west of SW 60 ^th Avenue and is encouraged to be as close as possible to 570 feet.

c.

Urban Form Type 3: The western and southern portions of the Subdistrict, west and south of the Urban Form Type 2 area.

Figure A-7 Urban Form Type Land Use Designation Boundaries

(.08)

Development Standards:

A.

Unless otherwise specified by the regulations in this Residential Neighborhood (RN) Zone section, all development must comply with Section 4.113, Standards Applying to Residential Development in Any Zone.

B.

Development shall be consistent with this Code and applicable provisions of an approved legislative master plan.

C.

Unless superseded or supplemented by other provisions of the Development Code the lot and development standards for the Frog Pond West Neighborhood are established by Table 8A and lot and development standards for the Frog Pond East and South Neighborhoods are established by Table 8B.

D.

Lot Standards for Small Lot Sub-districts in the Frog Pond West Neighborhood. The purpose of these standards is to ensure that development in the Small Lot Sub-districts includes varied design that avoids homogenous street frontages, creates active pedestrian street frontages and has open space that is integrated into the development pattern.

Standards. Planned developments in the Small Lot Sub-districts shall include one or more of the following elements on each block:

1.

Alleys.

2.

Residential main entries grouped around a common green or entry courtyard (e.g. cluster housing).

3.

Four or more residential main entries facing a pedestrian connection allowed by an applicable legislative master plan.

4.

Garages recessed at least four feet from the front façade or six feet from the front of a front porch.

Notes:

A. Minimum lot size may be reduced to 80% of minimum lot size for any of the following three reasons: (1) where necessary to preserve natural resources (e.g. trees, wetlands) and/or provide active open space, (2) lots designated for cluster housing (Frog Pond West Master Plan), (3) to increase the number of lots up to the maximum number allowed so long as for each lot reduced in size a lot meeting the minimum lot size is designated for development of a duplex or triplex.

B. For townhouses the minimum lot size in all sub-districts is 1,500 square feet.

C. In R-5 and R-7 sub-districts the minimum lot size for quadplexes and cottage clusters is 7,000 square feet.

D. In R-5 sub-districts the minimum lot size for triplexes is 5,000 square feet.

E. On lots where multiple buildings are built, maximum lot coverage may be increased by 10%. Cottage clusters are exempt from maximum lot coverage standards.

F. Front porches may extend 5 feet into the front setback.

G. The garage setback from alley shall be minimum of 18 feet to a garage door facing the alley in order to provide a parking apron. Otherwise, the rear or side setback shall be between 3 and 5 feet.

H. Vertical encroachments are allowed up to ten additional feet, for up to 10% of the building footprint; vertical encroachments shall not be habitable space.

I. For townhouses in all sub-districts minimum lot width is 20 feet.

J. May be reduced to 24' when the lot fronts a cul-de-sac. No street frontage is required when the lot fronts on an approved, platted private drive or a public pedestrian access in a cluster housing (Frog Pond West Master Plan) development.

K. Front Setback is measured as the offset of the front lot line or a vehicular or pedestrian access easement line. On lots with alleys, Rear Setback shall be measured from the rear lot line abutting the alley.

L. For cottage clusters and ADUs all setbacks otherwise greater than 10 feet for other housing types are reduced to 10 feet

M. On lots greater than 10,000 SF with frontage 70 ft. or wider, the minimum combined side yard setbacks shall total 20 ft. with a minimum of 10 ft. On other lots, minimum side setback shall be 5 ft. On a corner lot, minimum side setbacks are 10 feet.

N. For cluster housing (Frog Pond West Master Plan) with lots arranged on a courtyard, frontage shall be measured at the front door face of the building adjacent to a public right-of-way or a public pedestrian access easement linking the courtyard with the Public Way.

O. All lots with front-loaded garages are limited to one shared standard-sized driveway/apron per street regardless of the number of units on the lot.

P. The garage shall be setback a minimum of 18 feet from any sidewalk easements that parallels the street.

Notes:

A.

On corner lots, minimum side setbacks facing the street are the same as minimum front setback. Maximum setbacks equivalent to front maximums also apply. See Table 8C.

B.

Side setbacks do not apply to shared walls at property lines between townhouse units.

C.

Cottage clusters and ADUs are exempt from maximum lot coverage standards.

D.

For townhouses maximum lot coverage is calculated for the combined lots on which a single townhouse building sits rather than for each townhouse lot.

E.

Setbacks for residential garages are as follows:

1.

Front (street loaded): minimum 20 feet.

2.

Alley loaded with exterior driveway: minimum 18 feet or as necessary to create a[an] 18 foot deep parking space not including alley curb.

3.

Alley loaded without exterior driveway: minimum 3 feet and maximum 5 feet.

F.

For Urban Form Type 1 and 2, side setbacks may be reduced to either: (1) down to a minimum of 3.5 feet for residential structures less than 70 feet wide, or (2) down to a minimum of five percent of the building width at the front building line for buildings greater than 70 feet and less than 100 feet wide.

G.

For Urban Form Type 2, in lieu of meeting the maximum building width, an applicant may elect to articulate the facade and roof in a manner to create architectural separation of building masses. Such articulation shall include a minimum 2-foot setback of the wall from the primary façade as well as interruption of the roof plane. The setback articulation shall, at a minimum, be equal in width to the building separation required. The depth and width of articulation is not adjustable or subject to waiver or administrative relief under local or state law as it is an optional compliance method in lieu of meeting the standard maximum building width and separation standards. For the purpose of applying other articulation standards in Section 4.113, the portions of a building on either side of the articulation in lieu of building separation shall be considered separate buildings.

H.

The minimum rear setback for a cottage cluster and Accessory Dwelling Unit (ADU) is 10 feet.

I.

For lots 4,000 square feet in area or more with only units classified as "Other Detached Units" in Table 6C, the following lot coverage standards from Table 8A shall apply: 4,000 square feet or more but less than 6,000 square feet: standards of R-5 Small Lot; 6,000 square feet or more but less than 8,000 square feet: standards for R-7 Medium Lot; 8,000 square feet or more, standards for R-10 Large Lot.

Notes:

A.

Where a front (street) loaded garage exists, the minimum garage setback in Table 8B takes precedence over the minimums in this table.

B.

Where the minimum front setback is 6 feet it is intended to accommodate a public utility easement (PUE) for franchise utilities. If the City requires a wider PUE the minimum setback shall increase to accommodate the PUE. If a finding can be made that no PUE is necessary and access stairs or ramps can be accommodated without impeding on the public right of way, no setback is required.

C.

Where a maximum setback exists, and the property line it is measured from is either curvilinear or intersects with a connecting property line at anything besides a right angle, the maximum setback need only be met at one point along the property line.

D.

This maximum assumes no front (street loaded) garage, which is anticipated to be the typical condition in Urban Form Type 1. However, if a front facing garage is proposed, the front maximum may be exceeded to accommodate the minimum garage setback of 20 feet from Table 8B.

E.

In Urban Form 3, buildings or portions thereof greater than either 2 stories or 25 feet in height shall have a minimum front setback of 20 feet.

E.

Development Standards Specific to Relationships with Collectors and Arterial Streets.

1.

Frog Pond West Neighborhood:

a.

Lots adjacent to SW Boeckman Road and SW Stafford Road shall meet the following standards:

i.

Rear or side yards adjacent to SW Boeckman Road and SW Stafford Road shall provide a wall and landscaping consistent with the standards in Figure 10 of the Frog Pond West Master Plan.

b.

Lots adjacent to the collector-designated portions of SW Willow Creek Drive and SW Frog Pond Lane shall not have driveways accessing lots from these streets, unless no practical alternative exists for access. Lots in Large Lot Sub-districts are exempt from this standard.

2.

Frog Pond East and South Neighborhoods:

a.

Special Design Standards for east side of SW Stafford Road as well as the north side of SW Advance Road from SW Stafford Road to the wetland approximately 250 feet east of SW Stafford Road:

i.

Courtyard Walls and Pedestrian Access Points:

1.

Except for pedestrian access points, the frontage of each lot or tract (not counting any landscape tract running parallel with the road) shall have a wall/fence matching Figure A-8. below.

Figure A-8. Wall/Fence Along SW Stafford Road

2.

Except for corner lots at the intersection of SW Stafford Road and SW Brisband Street, each lot shall have at least one paved walkway extending from the lot to the Stafford Road sidewalk providing a pedestrian access point. Any gates at pedestrian access points shall have a black "iron style" gate matching the style shown in Figure B-8. below.

Figure B-8. Gate for Pedestrian Access Points along SW Stafford Road

ii.

Structure and Entry Orientation: Except for corner lots at the intersection of SW Stafford Road and SW Brisband Street, the facades of structures facing SW Stafford Road shall meet all design standards for front facades. Generally this will be the front façade of the structure, but if it is the side or rear façade, the façade must still meet front façade standards including having at least one building entrance oriented towards SW Stafford Road.

b.

Special Design Standards for SW Advance Road, except for the portion on the north side included in the SW Stafford Road special design standards in a. above:

i.

Only front yards shall be oriented towards SW Advance Road with front entrances facing the street, except for corner lots at intersecting streets where side yards and side facades may front SW Advance Road, as necessary.

ii.

Lots shall have courtyard fencing matching Figure C-8. including any side yards for lots oriented on intersecting streets.

Figure C-8.

iii.

No motor vehicle access is allowed directly to a lot or tract from SW Advance Road except for emergency access requested by the Fire District and approved by the City Engineer.

iv.

Lots directly adjacent to SW Advance Road shall be considered to front SW Advance Road even if a landscape tract exists between the lot and the SW Advance Road right-of-way.

F.

Public Realm Requirements for Frog Pond East and South Master Plan area

1.

Development in Frog Pond East and South shall conform with the public realm element in Chapter 7 of the Frog Pond East and South Master Plan in the following ways with the referenced figures, tables, and text from the Frog Pond East and South Master Plan incorporated into this Subsection by reference as if fully stated herein:

a.

Active transportation connections shall be provided as shown in Figure 20.

b.

Street trees shall be provided consistent with Figure 26 and the text on pages 91 through 94.

c.

Public lighting shall be provided consistent with Figure 27 and the text on pages 95 through 99.

d.

Gateway treatment and monument signs shall be provided consistent with and limited to what is shown and described in Figure 28, Table 6, and the text on page 102.

e.

Sign toppers or "sign caps" shall be provided on street signs as described on page 102 and shown in Figure D-8 below consistent with the City's Public Works Standards.

Figure D-8. Frog Pond Street Sign Topper

f.

Consistent with Figure 18 and the text on page 77, the East Neighborhood Park shall be a minimum of three acres in size, not including the BPA easement area, and located directly adjacent to the BPA easement in Subdistricts E5 and/or E6. The park shall also have frontage on SW Brisband Street. Park location shall provide a terminal vista on the north end of SW 60 ^th Avenue and may provide a terminal vista on the east end of SW Brisband Street. Park features and amenities shall be consistent with the description on Page 78.

g.

A "Main Street Gateway" feature shall be provided on SW Brisband Street at SW Stafford Road. The feature shall:

i.

be at least 20 feet in height so as to be visible from a distance, the Development Review Board may approve height shorter than 20 feet upon the finding that the gateway feature remains clearly and prominently visible from 1,000 feet away;

ii.

be at least three feet in width and length, on average;

iii.

incorporate both sides of SW Brisband Street or be centered within the round-a-bout;

iv.

include materials and other design elements representative of Frog Pond East and South as outlined and depicted in the Frog Pond East and South Master Plan; and

v.

be professionally designed by a professional(s) with experience designing such gateway features. An affidavit of such professional's credentials shall be included in the development application material.

vi.

The "Main Street Gateway" design is subject to Site Design Review. Additionally, the design is encouraged, but not required, to be coordinated with and reviewed by the Arts, Cultural, and Heritage Commission. Any review comments by the Arts, Cultural, and Heritage Commission shall be forwarded to the Development Review Board as part of the record for Site Design Review.

(.09)

Open Space:

A.

Purpose. The purposes of these standards for the Residential Neighborhood Zone are to:

1.

Provide light, air, open space, and useable recreation facilities to occupants of each residential development.

2.

Retain and incorporate natural resources and trees as part of developments.

3.

Provide access and connections to trails and adjacent open space areas.

For Neighborhood Zones which are subject to adopted legislative master plans, the standards work in combination with, and as a supplement to, the park and open space recommendations of those legislative master plans. These standards supersede the Open Space requirements in WC Section 4.113(.01).

B.

Within the Frog Pond West Neighborhood, the following standards apply:

1.

Properties within the R-10 Large Lot sub-districts and R-7 Medium Lot sub-districts are exempt from the requirements of this section. If the Development Review Board finds, based upon substantial evidence in the record, that there is a need for open space, they may waive this exemption and require open space proportional to the need.

2.

For properties within the R-5 Small Lot sub-districts, Open Space Area shall be provided in the following manner:

a.

Ten percent of the net developable area shall be in open space. Net developable area does not include land for non-residential uses, SROZ-regulated lands, streets and private drives, alleys and pedestrian connections. Open space must include at least 50 percent usable open space as defined by this Code and other like space that the Development Review Board finds will meet the purpose of this section.

b.

Natural resource areas such as tree groves and/or wetlands, and unfenced low impact development storm water management facilities, may be counted toward the ten percent requirement at the discretion of the Development Review Board. Fenced storm water detention facilities do not count toward the open space requirement. Pedestrian connections may also be counted toward the ten percent requirement.

c.

The minimum land area for an individual open space is 2,000 square feet, unless the Development Review Board finds, based on substantial evidence in the record, that a smaller minimum area adequately fulfills the purpose of this Open Space standard.

d.

The Development Review Board may reduce or waive the usable open space requirement in accordance with Section 4.118(.03). The Board shall consider substantial evidence regarding the following factors: the walking distance to usable open space adjacent to the subject property or within 500 feet of it; the amount and type of open space available adjacent or within 500 feet of the subject property, including facilities which support creative play.

e.

The Development Review Board may specify the method of assuring the long-term protection and maintenance of open space and/or recreational areas. Where such protection or maintenance are the responsibility of a private party or homeowners' association, the City Attorney shall review any pertinent bylaws, covenants or agreements prior to recordation.

C.

Within the Frog Pond East and South Master Plans open space shall be provided consistent with the requirements in Subsection 4.113(.01)C.—F., and designed and located according to the following criteria:

1.

Green Focal Points. For the East and South Neighborhoods, Green Focal Points are intended to serve as central neighborhood destinations or gathering places that contribute to neighborhood character and identity. Green Focal Points can take a variety of forms, including community garden plots, small playgrounds or splash pads, nature play areas, pocket parks or plazas, and central green courtyards within housing developments. As part of meeting the open space requirements in Subsection 4.113(.01)C.—F. for a Stage I Master Plan Area, each Subdistrict in Frog Pond East and South shall have at least one Green Focal Point meeting the 2,000 square foot size requirement in Subsection 4.113(.01)D.1. Even if the usable open space requirement is otherwise met, each subdistrict shall still have the minimum 2,000 square foot Green Focal Point. In addition to the standards in Subsection 4.113(.01)C.—F., the following requirements apply:

a.

Location requirements by Subdistrict:

• ;hg;Subdistrict

E1: Green Focal Point to be located north of the Frog Pond Grange building or in the tree grove near the existing home at 27480 SW Stafford Road.

•

 ;hg;Subdistrict E3: A Green Focal Point to be located at trailhead adjacent to SROZ leading to the south.

•

 ;hg;Subdistrict E4: A plaza space to be integrated with the Brisband Street Main Street mixed-use development.

•

 ;hg;Subdistrict S2: A Green Focal Point to be located and aligned with terminus of future extension of SW Hazel Street.

•

 ;hg;Subdistrict S3: A Green Focal Point to be located near northern end of Kruse Creek.

•

 ;hg;If Subdistrict is not listed above, a Green Focal Point is still required, but there is no special locational requirement.

b.

Direct access to one or more Green Focal Points shall be provided from each residential lot in the neighborhood. Direct access, for the purpose of this requirement, means: a pedestrian would need to travel on no more than two different streets to reach a green focal point from the lot frontage of the home to an open space frontage.

2.

East Neighborhood Park. See Subsection 4.127(.08)F.1.f. above.

(.10)

Block, access and connectivity standards:

A.

Purpose. These standards are intended to regulate and guide development to create: a cohesive and connected pattern of streets, pedestrian connections and bicycle routes; safe, direct and convenient routes to schools and other community destinations; and, neighborhoods that support active transportation and Safe Routes to Schools.

B.

Blocks, access and connectivity shall comply with adopted legislative master plans:

1.

Within the Frog Pond West Neighborhood, streets shall be consistent with Figure 18, Street Demonstration Plan, in the Frog Pond West Master Plan. The Street Demonstration Plan is intended to be guiding, not binding. Variations from the Street Demonstration Plan may be approved by the Development Review Board, upon finding that one or more of the following justify the variation: barriers such as existing buildings and topography; designated Significant Resource Overlay Zone areas; tree groves, wetlands or other natural resources; existing or planned parks and other active open space that will serve as pedestrian connections for the public; alignment with property lines and ownerships that result in efficient use of land while providing substantially equivalent connectivity for the public; and/or site design that provides substantially equivalent connectivity for the public.

2.

In the Frog Pond East and South Neighborhoods, or if a legislative master plan does not provide sufficient guidance for a specific development or situation, the block and access standards in Section 4.124(.09) apply.

(.11)

Signs. Per the requirements of Sections 4.156.01 through 4.156.11 and applicable provisions from adopted legislative master plans.

(.12)

Parking. Per the requirements of Section 4.155 and applicable provisions from adopted legislative master plans.

(.13)

Corner Vision Clearance. Per the requirements of Section 4.177.

(.14)

Main Entrance Standards:

A.

Purpose. These standards:

1.

Support a physical and visual connection between the living area of the residence and the street;

2.

Enhance public safety for residents and visitors and provide opportunities for community interaction;

3.

Ensure that the pedestrian entrance is visible or clearly identifiable from the street by its orientation or articulation; and

4.

Ensure a connection to the public realm for development on lots fronting both private and public streets by making the pedestrian entrance visible or clearly identifiable from the public street.

B.

Location. At least one main entrance for each structure must:

1.

Be within 12 feet of the longest street-facing front wall of the dwelling unit; and

2.

Either;

a.

Face the street;

b.

Be at an angle of up to 45 degrees from the street; or

c.

Open onto a porch. The porch must:

(i)

Be at least six feet deep;

(ii)

Have at least one entrance facing the street; and

(iii)

Be covered with a roof or trellis.

(.15)

Garage Standards:

A.

Purpose. These standards:

1.

Ensure that there is a physical and visual connection between the living area of the residences and the street;

2.

Ensure that the location and amount of the living area of the residence, as seen from the street, is more prominent than garages;

3.

Prevent garages from obscuring the main entrance from the street and ensure that the main entrance for pedestrians, rather than automobiles, is the prominent entrance;

4.

Provide for a pleasant pedestrian environment by preventing garages and vehicle areas from dominating the views of the neighborhood from the sidewalk; and

5.

Enhance public safety by preventing garages from blocking views of the street from inside the residence.

B.

Street-Facing Garage Walls:

1.

Where these regulations apply. Unless exempted, the regulations of this subsection apply to garages accessory to residential units.

2.

Exemptions:

a.

Garages on flag lots.

b.

Development on lots which slope up or down from the street with an average slope of 20 percent or more.

3.

Standards:

a.

The width of the garage door may be up to 50 percent of the length of the street-facing façade as measured from the interior of the frame surrounding the garage door.

b.

The garage door must be recessed at least four feet from the front façade or six feet from the front of a front porch.

c.

The maximum driveway width is 18 feet.

d.

Where a dwelling abuts a rear or side alley or a shared driveway, the garage shall orient to the alley or shared drive.

e.

Where three or more contiguous garage parking bays are proposed facing the same street, the garage opening closest to a side property line shall be recessed at least two feet behind the adjacent opening(s) to break up the street facing elevation and diminish the appearance of the garage from the street. Side-loaded garages, i.e., where the garage openings are turned away from the street, are exempt from this requirement.

f.

A garage entry that faces a street may be no closer to the street than the longest street facing wall of the dwelling unit. There must be at least 20 feet between the garage door and the sidewalk. This standard does not apply to garage entries that do not face the street.

(.16)

Residential Design Standards:

A.

Purpose. These standards:

1.

Support consistent quality standards so that each home contributes to the quality and cohesion of the larger neighborhood and community.

2.

Support the creation of architecturally varied structures, blocks and neighborhoods, whether a neighborhood develops all at once or one lot at a time, avoiding homogeneous street frontages that detract from the community's appearance.

B.

Applicability. In the Frog Pond West Neighborhood standards C. through G. apply to all façades facing streets, pedestrian connections, parks, open space tracts, the Boeckman Trail, or elsewhere as required by this Code or the Development Review Board. Exemptions from these standards include: (1) Additions or alterations adding less than 50 percent to the existing floor area of the structure; and, (2) Additions or alterations not facing a street, pedestrian connection, park, or open space tract. In the Frog Pond East and South Neighborhoods, the standards in C. through G. do not apply. Rather, design standards in 4.113(.14) apply to all public-facing facades in the Frog Pond East and South Neighborhoods.

C.

Windows. The standards for minimum percentage of façade surface area in windows are below. These standards apply only to facades facing streets, pedestrian connections, parks, and open space tracts.

1.

For two-story structures:

a.

15 percent front facades.

b.

12.5 percent—front facades if a minimum of six design elements are provided per Section 4.127(0.15)E., Design Menu.

c.

Ten percent—front facades facing streets if a minimum of seven design elements are provided per Section 4.127(0.15)E., Design Menu.

2.

For one-story structures:

a.

12.5 percent—front facades.

b.

Ten percent—front facades if a minimum of six design elements are provided per Section 4.127(0.15)E., Design Menu.

3.

For all structures: Five percent for street-side facades.

4.

Windows used to meet this standard must provide views from the building to the street. Glass block does not meet this standard. Windows in garage doors and other doors count toward this standard.

5.

Street-facing facades along Boeckman Road and Stafford Road must meet the standards for front facades.

D.

Articulation. Plans for residential buildings shall incorporate design features such as varying rooflines, offsets, balconies, projections (e.g., overhangs, porches, or similar features), recessed or covered entrances, window reveals, or similar elements that break up otherwise long, uninterrupted elevations. Such elements shall occur at a minimum interval of 30 feet on façades facing streets, pedestrian connections, parks, open space tracts, or elsewhere as required by this Code or the Development Review Board. Where a façade governed by this standard is less than 30 feet in length, at least one of the above-cited features shall be provided.

E.

Residential Design Menu. Residential structures shall provide a minimum of five of the design elements listed below for front façades and façades facing Boeckman Road and Stafford Road, unless otherwise specified by the code. For side façades facing streets, pedestrian connections, parks, open space tracts, a minimum of three of the design elements must be provided. Where a design feature includes more than one element, it is counted as only one of the five required elements.

1.

Dormers at least three feet wide.

2.

Covered porch entry—minimum 48 square foot covered front porch, minimum six feet deep and minimum of a six foot deep cover. A covered front stoop with minimum 24 square foot area, four foot depth and hand rails meets this standard.

3.

Front porch railing around at least two sides of the porch.

4.

Front facing second story balcony - projecting from the wall of the building a minimum of four feet and enclosed by a railing or parapet wall.

5.

Roof overhang of 16 inches or greater.

6.

Columns, pillars or posts at least four inches wide and containing larger base materials.

7.

Decorative gables - cross or diagonal bracing, shingles, trim, corbels, exposed rafter ends or brackets (does not include a garage gable if garage projects beyond dwelling unit portion of street façade).

8.

Decorative molding above windows and doors.

9.

Decorative pilaster or chimneys.

10.

Shakes, shingles, brick, stone or other similar decorative materials occupying at least 60 square feet of the street façade.

11.

Bay or bow windows - extending a minimum of 12 inches outward from the main wall of a building and forming a bay or alcove in a room within the building.

12.

Sidelight and/or transom windows associated with the front door or windows in the front door.

13.

Window grids on all façade windows (excluding any windows in the garage door or front door).

14.

Maximum nine foot wide garage doors or a garage door designed to resemble two smaller garage doors and/or windows in the garage door (only applicable to street facing garages).

15.

Decorative base materials such as natural stone, cultured stone or brick extending at least 36 inches above adjacent finished grade occupying a minimum of ten percent of the overall primary street facing façade.

16.

Entry courtyards which are visible from, and connected directly to, the street. Courtyards shall have a minimum depth of ten feet and minimum width of 80 percent of the non-garage/driveway building width to be counted as a design element.

F.

House Plan Variety. No two directly adjacent or opposite residential structures may possess the same front or street-facing elevation. A structure containing multiple middle housing units shall be considered a single residential structure for the purpose of house plan variety. This standard is met when front or street-facing elevations differ from one another due to different materials, articulation, roof type, inclusion of a porch, fenestration, and/or number of stories. Where façades repeat on the same block face, they must have at least three intervening residential structures between them that meet the above standard. Small Lot developments over ten acres shall include duplexes and/or two-unit townhouses comprising ten percent of the homes—corner locations are preferred.

G.

Prohibited Building Materials. The following construction materials may not be used as an exterior finish:

1.

Vinyl siding.

2.

Wood fiber hardboard siding.

3.

Oriented strand board siding.

4.

Corrugated or ribbed metal.

5.

Fiberglass panels.

(.17)

Fences:

A.

Fences shall comply with standards in 4.113(.07) except as follows:

1.

Columns for the brick wall along Boeckman Road and Stafford Road shall be placed at lot corners where possible.

2.

A solid fence taller than four feet in height is not permitted within eight feet of the brick wall along Boeckman Road and Stafford Road, except for fences placed on the side lot line that are perpendicular to the brick wall and end at a column of the brick wall.

3.

Height transitions for fences shall occur at fence posts.

(.18)

Residential Structures Adjacent to Schools, Parks and Public Open Spaces.

A.

Purpose. The purpose of these standards is to ensure that development adjacent to schools and parks is designed to enhance those public spaces with quality design that emphasizes active and safe use by people and is not dominated by driveways, fences, garages, and parking.

B.

Applicability. These standards apply to development that is adjacent to or faces schools and parks. As used here, the term adjacent includes development that is across a street or pedestrian connection from a school or park.

C.

Development must utilize one or more of the following design elements:

1.

Alley loaded garage access.

2.

On corner lots, placement of the garage and driveway on the side street that does not face the school, park, or public open space.

3.

Recess of the garage a minimum of four feet from the front façade of the home. A second story above the garage, with windows, is encouraged for this option.

D.

Development must be oriented so that the fronts or sides of residential structures face adjacent schools or parks. Rear yards and rear fences may generally not face the schools or parks, unless approved through the waiver process of 4.118 upon a finding that there is no practicable alternative due to the size, shape or other physical constraint of the subject property.

(.19)—(.21)

Reserved.

(.22)

Consideration of Waivers in the Frog Pond East and South Neighborhoods.

A.

Applicants for development in the Frog Pond East and South Neighborhoods may request waivers to applicable development and design standards in Section 4.127 pursuant to Section 4.118(.03), provided the criteria in subsection B. are met. Waivers are typically applied for with a Stage II final plan. However, when a Stage I approval is requested prior to submission of a Stage II final plan in the Frog Pond East and South Neighborhoods, the applicant may elect to request a waiver or waivers related to standards impacting lot size or dimension, housing variety, the size or location of parks or open space, or the location of streets or pathways in conjunction with the Stage I approval, if the applicant can demonstrate each requested waiver would directly impact site layout. In such case, a Stage II final plan for the same development area may not be applied for until there is a final decision on the Stage I and associated waivers. Each approved Stage I waiver shall expire unless a Stage II final plan consistent with the approved Stage I waiver is submitted within two years.

B.

In addition to the waiver criteria in Sections 4.118 and 4.140 and applicable Site Design Review standards, when reviewing a waiver for development within the Frog Pond East and South Neighborhoods the Development Review Board's decision shall be based on the following criteria, which reflects guidance in the Frog Pond East and South Master Plan:

1.

The development enabled by the waiver is complementary and compatible with development that would typically be built within the subject Urban Form Type as described in Chapter 6 of the Frog Pond East and South Master Plan including structures that match the relevant urban form descriptions on pages 57-59 of the Master Plan and maintaining the transect of urban form shown in Figure 15. Land Use and Urban Form Plan.

a.

In making findings regarding the waiver criteria in Section 4.140, further direction from Chapter 6 of the Master Plan to be considered includes, but is not limited to, increasing opportunities for affordable housing choices with a focus on exceeding minimum requirements for middle housing, mobility-ready units, and small units as established in Table 6B; improving transitions between different urban forms; and maximizing amenities available to residents and visitors (e.g., additional plazas, active recreation spaces, green focal points, and other gathering opportunities).

2.

The waiver continues to support a wide variety of housing throughout the Frog Pond East and South Neighborhoods including not reducing the Minimum Number of Units of any requirement in Table 6B by the greater of five units or 20 percent.

a.

Except as indicated in b. and c. below, the number on which the greater of five units or 20 percent is calculated shall be the number as written in Table 6B and shall not include any modification, combination, or summation of the number.

b.

Where an application includes two or more adjacent tax lots within the same subdistrict, the number on which the greater of five units or 20 percent is calculated shall be the sum of the requirements for those tax lots, as allowed in Footnote I. of Table 6B.

c.

Where a requirement in Table 6B is adjusted pursuant to Subsection, 4.127 (.06) C. 1., the number on which the greater of five units or 20 percent is calculated shall be the adjusted number.

(.23)

Residential Neighborhood Zone—Commercial Main Street Development.

A.

Applicability. These standards apply to the Commercial Main Street area described in Subsection (.07)A.1. and shown in Figure A-7.

B.

Allowed Uses. See Subsection (.02) above.

C.

Development Standards. The following development standards apply to all development within the Commercial Main Street area of Frog Pond East.

^A

Second stories or higher in buildings must be usable. No false front buildings are permitted.

^B

To meet the minimum building frontage requirement, the ground level street-facing façade must meet the maximum setback standard for a minimum of 70% of the lot length on SW Brisband Street.

D.

Design Standards:

1.

Purpose and Intent. The purpose of the design standards is to provide high quality design within the Commercial Main Street area that creates a place of distinct character. The design of buildings and other site features shall functionally relate to adjacent streets and open spaces; shall include architectural diversity and variety in their built form; shall contribute to the vitality of the street environment through incorporation of storefronts, windows, and entrances facing the sidewalk; and shall minimize the visual impact of off-street parking from streets.

2.

Building and Entry Placement. Buildings shall meet the following standards:

a.

Development shall meet the minimum building frontage standards in Table 23A.

b.

At least one entrance door is required for each business, including live-work units, with a ground floor frontage.

c.

All primary ground-floor common entrances shall be oriented to the street or a public space directly facing the street, or placed at an angle up to 45 degrees from an adjacent street. Primary ground-floor common entrances shall not be oriented to the interior or to a parking lot.

d.

The primary entrance shall orient to SW Brisband Street or SW Stafford Road.

f.

Each entrance shall be covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided.

3.

Building Setbacks. Development shall meet the minimum and maximum setback standards in subsection Table 23A. No off-street vehicle parking, loading, delivery, or collection service is permitted within the setback. Bicycle parking is permitted within the setback.

4.

Front Yard Setback Design. If front yard setbacks are provided, they shall be designed to encourage pedestrian activity and active ground floor uses. Landscaping, water quality treatment, seating areas, an arcade, or a hard-surfaced expansion of the pedestrian path must be provided between a structure and a public street or accessway. If a building abuts more than one street, the required improvements shall be provided on all streets. Hard-surfaced areas shall be constructed with scored concrete or modular paving materials. Benches and other street furnishings are encouraged.

5.

Walkway Connection to Building Entrances. A walkway connection is required between a building's primary entrance and a public street or accessway. This walkway must be at least six feet wide and be paved with concrete or modular paving materials.

6.

Parking Location and Landscape Design:

a.

Parking must be located to the rear of buildings.

7.

Building Design Standards:

a.

General Provisions:

i.

The first-floor façade of all buildings shall be designed to encourage and complement pedestrian-scale interest and activity through the use of elements such as windows, awnings, and other similar features.

ii.

Building entrances shall be clearly marked, provide weather covering, and incorporate architectural features of the building.

iii.

Architectural features and treatments shall not be limited to a single façade. All public-facing facades shall display a similar level of quality and architectural interest, with elements such as windows, awnings, murals, a variety of exterior materials, reveals, and other similar features.

b.

Design Standards. All buildings shall comply with the following design standards:

i.

Windows:

• Building facade windows are required on all facades facing SW Brisband Street or SW Stafford Road (see Figure A-23), as follows:

• Window area is the aggregate area of the glass within each window, including any interior grids, mullions, or transoms. Facade area is the aggregate area of each street-facing vertical wall plane.

• Required windows shall be clear glass and not mirrored or frosted, except for bathrooms. Clear glass within doors may be counted toward meeting the window coverage standard.

• Ground floor windows. For facades facing SW Brisband Street, SW Stafford Road, and SW 63rd Avenue elevations within the building setback shall include a minimum percentage of the ground floor wall area with windows, display areas or doorway openings. The ground floor wall area shall be measured from two feet above grade to ten feet above grade for the entire width of the street-facing elevation. The ground floor window requirement shall be met within the ground floor wall area; glass doorway openings to ground level may be counted toward meeting the requirement.

Figure A-23. Window Placement and Percentage of Facade

ii.

Building Facades: Public-facing facades shall extend no more than 50 feet without providing at least one of the following features: (a) a variation in building materials; (b) a building off-set of at least one foot; (c) a wall area that is entirely separated from other wall areas by a projection, such as an arcade; or (d) by other design features that reflect the building's structural system (See Figure B-23). No building façade shall extend for more than 300 feet without a pedestrian connection between or through the building.

Figure B-23. Building Facade Articulation

iii.

Weather Protection: Building facades facing SW Brisband Street shall provide weather protection as follows:

• A projecting facade element (awning, canopy, arcade, or marquee) must be provided along at least 50 percent of the façade.

• All weather protection must comply with the Oregon Structural Specialty Code in effect at the time of application for projections or encroachments into the public right-of-way.

• Weather protection shall be maintained and in good condition.

• Weather protection features shall project at least five feet from the building façade.

• Marquees shall have a minimum ten-foot clearance from the bottom of the marquee to the sidewalk. Canopies and awnings shall have a minimum eight-foot clearance from the bottom of the awning or canopy to the sidewalk.

• The projecting façade element shall not conflict with street lights. If the projecting façade element blocks light shed from adjacent street lights, exterior lighting shall be located on the building.

• Awnings shall match the width of storefronts or window openings.

• Internally lit awnings are not permitted.

• Awnings shall be made of glass, metal, or a combination of these materials. Fabric awnings are not permitted.

iv.

Building Materials. Plain concrete block, plain concrete, T-111 or similar sheet materials, corrugated metal, plywood, sheet press board or vinyl siding may not be used as exterior finish materials. Foundation material may be plain concrete or plain concrete block where the foundation material is not revealed for more than two feet. Use of brick and natural materials (wood) is encouraged.

v.

Roofs and roof lines. Except in the case of a building entrance feature, roofs shall be designed as an extension of the primary materials used for the building and should respect the building's structural system and architectural style. False fronts and false roofs are not permitted.

vi.

Rooftop features/equipment screening:

• The following rooftop equipment does not require screening:

• Solar panels, wind generators, and green roof features;

• Equipment under two feet in height.

• Elevator mechanical equipment may extend above the height limit a maximum of 16 feet provided that the mechanical shaft is designed to match or be complementary to the architecture of the building.

• Satellite dishes and other communications equipment shall be limited to ten feet in height from the roof, shall be set back a minimum of five feet from the roof edge and screened from public view to the extent possible.

• All other roof-mounted mechanical equipment shall be limited to ten feet in height, shall be set back a minimum of five feet from the roof edge and screened from ground-level public view and from views from adjacent buildings.

• On all structures exceeding 35 feet in height, roofs shall have drainage systems that are designed to match or be complementary to the architecture of the building.

• Any external stairwells, corridors and circulation components of a building shall be architecturally compatible with the overall structure, through the use of similar materials, colors, and other building elements.

• Required screening shall not be included in the building's maximum height calculation.

vii.

General Screening. Utility meters shall be located on the back or side of a building, screened from view from a public street to the greatest extent possible, and shall be painted a color to blend with the building façade.

viii.

Building projections. Building projections are allowed as follows (see Figure C-23):

• Architectural elements such as eaves and cornices may project up to one foot from the face of the building.

• Bay windows and balconies may project up to four feet from the face of the building. Balconies that project into the right-of-way shall have a minimum vertical clearance of ten feet from sidewalk grade or be mounted at the floor elevation, whichever is greater.

Figure C-23. Building Projections

(.24)

Special, Specific Land Use Considerations.

A.

Frog Pond Grange Property. This special consideration pertains to an area described as: the western half of the area of Subdistrict E1 north of the framework street that is an extension of SW Frog Pond Lane and west of the framework street extending across the BPA easement. See Figure A-24 for locational reference. The community supports preservation, reuse, and adjacent uses supportive of the current Frog Pond Grange building. The Frog Pond East and South Master Plan identifies the long-term use of the subject area as maintaining the existing civic/meeting/event space use or substantially similar use with surrounding open space. Any substantial change of use shall require an amendment to the Frog Pond East and South Master Plan. Preservation of the existing building, substantially similar in design to that existing as of the 2022 adoption of the Frog Pond East and South Master Plan, is required on the site unless approved by the Development Review Board with findings providing substantial evidence that preservation is not feasible due to structural issues with the building that are not feasible, either economically or technically, to repair.

Figure A-24

B.

Treed area on south side of SW Kahle Road. This special consideration pertains to an area described as a treed area south of SW Kahle Road between Subdistricts E2 and E3 and bounded on both side by creeks. See Figure B-24 for locational reference. An applicant may request the subject area not be included in the SROZ based on findings made, as part of a SROZ Map Verification pursuant to Section 4.139.05, that the area does not meet the standard to be included in the SROZ. If it is found the area is not to be in the SROZ the Urban Form Type 3 shall apply. There is no minimum unit count and the area would not be considered part of a subdistrict. There would be no housing variety requirement applied.

Figure B-24

(Ord. No. 806, 7-17-2017; Ord. No. 892 meeting, § 2(Exhs. A, B), 12-2-2024)

The requirements of a PDC Zone shall be governed by Section 4.140, Planned Development Regulations, and as otherwise set forth in this Code.

(.01)

The following shall apply to any PDC zone:

A.

Uses that are typically permitted:

1.

Retail business, goods and sales.

2.

Wholesale showrooms.

3.

Offices and clinics.

4.

Service establishments.

5.

Any use allowed in a PDR Zone or PDI Zone, provided the majority of the total ground floor area is commercial, or any other commercial uses provided that any such use is compatible with the surrounding uses and is planned and developed in a manner consistent with the purposes and objectives of Section 4.140. However, the uses listed as prohibited below shall not be permitted.

6.

Accessory uses, buildings, and structures customarily incidental to any of the aforesaid principal permitted uses.

7.

Temporary buildings or structures for uses incidental to construction work, which buildings or structures shall be removed upon completion or abandonment of the construction work.

8.

Churches.

9.

Those uses that are listed as typically permitted in Section 4.131.05(.03), as well as the following additional uses when conducted entirely within enclosed buildings:

a.

Automotive machine shops

b.

Automotive detail shops

c.

Repair shops for:

i.

electronics;

ii.

boats;

iii.

appliances;

iv.

light equipment;

v.

yard equipment;

vi.

other related types of repair shops.

d.

Fabrication shops including:

i.

cabinets;

ii.

sheet metal;

iii.

counter tops;

iv.

closet systems;

v.

other related types of work.

e.

Marine equipment—supply and repair

(.02)

Prohibited uses:

A.

No body/fender repair shops shall be permitted unless all operations are conducted entirely within enclosed buildings and meet the performance standards of Section 4.135(.05). The storage and parking of damaged vehicles shall be screened to assure that they are not visible off-site.

B.

No used car sales shall be permitted, except in conjunction with new car dealerships within enclosed buildings.

C.

No wrecking yards shall be permitted.

D.

Retail operations south of Boeckman Road and having more than 50,000 square feet of ground floor building area shall only be permitted where it is demonstrated to the satisfaction of the Development Review Board that the following standards will be met. For purposes of these standards, service activities, offices, and other non-retail commercial ventures shall not be considered to be "retail operations."

1.

That the majority of the customers for the proposed use can reasonably be expected to come from no further than five miles from the proposed development site; and

2.

That the site design, architecture, landscaping, and pedestrian amenities are compatible with the surrounding neighborhood.

E.

Any use that violates the performance standards of Section 4.135(.05), other than 4.135(.05)(M.)(3.).

(.03)

Block and access standards:

1.

The Development Review Board shall determine appropriate conditions of approval to assure that adequate connectivity results for pedestrians, bicyclists, and motor vehicle drivers. Consideration shall be given to the use of public transit as a means of meeting access needs.

2.

Where a residential development, or mixed-use development including residential development, is proposed in a PDC zone, the Development Review Board shall assure that adequate connectivity is provided meeting the standards of Metro's Urban Growth Management Functional Plan.

3.

Where a residential development, or mixed-use development including residential development, is proposed in a PDC zone, and the application includes a land division, the following standards shall be applied:

a.

Maximum spacing between streets for local access: 530 feet, unless waived by the Development Review Board upon finding that barriers such as railroads, freeways, existing buildings, topographic variations, or designated Significant Resource Overlay Zone areas will prevent street extensions meeting this standard.

b.

Maximum block length without pedestrian and bicycle crossing: 330 feet, unless waived by the Development Review Board upon finding that barriers such as railroads, freeways, existing buildings, topographic variations, or designated Significant Resource Overlay Zone areas will prevent pedestrian and bicycle facility extensions meeting this standard.

(Ord. No. 538, 2-21-2002; Ord. No. 835, 5-6-2019)

(.01)

The Town Center (TC) Zone applies to lands within the Town Center Comprehensive Plan Map designation. The TC Zone is a Planned Development Zone, subject to applicable Planned Development regulations (see Section 4.140 and 4.118). Where conflicts occur between these standards and other Development Code regulations or other ordinances, the provisions of this Chapter shall apply.

The purposes of the TC Zone are to:

A.

Implement the Town Center policies and implementation measures of the Comprehensive Plan.

B.

Implement the Wilsonville Town Center Plan recommendations for the Town Center Comprehensive Plan Map designation.

C.

Create a vibrant, walkable destination that inspires people to socialize, shop, live, and work.

D.

Support future development that transforms Town Center into the heart of Wilsonville.

E.

Foster active parks, civic spaces, and amenities that provide year-round, compelling experiences.

F.

Create a development pattern where Wilsonville residents and visitors come for shopping, dining, culture, and entertainment.

Sub-districts. The TC Zone includes four sub-districts (Figure 1):

a.

Main Street. A walkable and lively main street with a mix of active uses and three- to four-story buildings through the heart of Town Center along Parkway Avenue, which would extend south past Town Center Park to Wilsonville Road.

b.

Neighborhood-Mixed Use. Development would be primarily small-scale mixed-use, two- to three-story development, with neighborhood-serving commercial businesses or townhomes adjacent to Town Center Loop East and the existing residential neighborhoods. Neighborhood-mixed use provides a transition from single-family neighborhoods east of Town Center Loop East to the central portions of Town Center.

c.

Mixed Use. A variety of two- to four-story buildings throughout Town Center would provide the mix of residential, commercial and office uses the community is looking to have in Town Center. Moderate activity near Wilsonville Road would be commercially focused while the areas near Town Center Park would include more residential and mixed-use buildings.

d.

Commercial-Mixed Use. Allowing taller buildings, up to five stories, along I-5 and near the future bike/pedestrian bridge landing, would improve Town Center's visibility, help create a sense of place, and support the increased level of activity and economic vibrancy desired by community members, including additional employment opportunities, entertainment, and hospitality services. As proposed, residential uses in this area would be required to be buffered from I-5 by non-residential buildings.

If a development site includes more than one sub-district, and the development of different portions of the parcel under different sub-districts is not feasible due to site size or other site constraints not related to proposed uses, the applicant may follow the standards for either sub-district within 50 feet of the sub-district boundary. The selection and application of the sub-district standards must provide for compatibility with any existing or approved development designed pursuant to the TC Zone standards and result in building orientation consistent with the building and street frontage requirements in Subsection 4.132(.06)B.

(.02)

Uses permitted anywhere in the TC Zone:

A.

Open space.

B.

Multiple-family Dwelling Units, except in areas immediately adjacent to I-5 as noted in Subsection [4.132](.03)A. below within the Commercial-Mixed Use District.

C.

Public or private parks, playgrounds, recreational and community buildings and uses.

D.

Commercial recreation.

E.

Religious institutions.

F.

Retail sales and service of retail products, under a footprint of 30,000 square feet per use.

G.

Office, including medical facilities.

H.

Personal and professional services.

I.

Child and/or day care.

J.

Food service (e.g. restaurants, food carts, food cart pods).

K.

Beverage service (e.g. cafes, brewpubs, bars).

L.

Any of the above in mixed-use buildings.

Figure 1. Town Center Sub-Districts

(.03)

Permitted and Prohibited uses in specific sub-districts. Figure 1, Land Use Sub-Districts, illustrates subareas of the Town Center where certain regulations apply. Below are use-related regulations for the sub-districts.

A.

Commercial-Mixed Use (C-MU):

1.

Additional permitted uses—Commercial recreation with outdoor facilities (e.g. cart track); single-user commercial or retail (e.g. grocery store or retail establishment) may exceed 30,000 square feet if located on more than one story of a multi-story building; cinemas.

2.

Multiple-family dwelling units are prohibited immediately adjacent to I-5. Multiple-family development must be buffered from I-5 by non-residential building(s).

3.

Uses with drive-through facilities—New uses with drive-through facilities (e.g. fast food, banks, car wash) are permitted in the C-MU sub-district, provided that they meet design and development standards for the TC Zone. Existing drive-through uses and facilities may be continued consistent with Section 4.189.

B.

Main Street (MS):

1.

Uses with drive-through facilities - New uses with drive-through facilities (e.g. fast food, banks, car wash) are prohibited. Existing drive-through uses and facilities may be continued consistent with Section 4.189. In the MS sub-district, a change in use is prohibited for new drive-through uses.

C.

Mixed Use (MU):

1.

Additional permitted uses—Single-user commercial or retail (e.g. grocery store or retail establishment) may exceed 30,000 square feet if located on more than one story of a multi-story building.

2.

Uses with drive-through facilities—New uses with drive-through facilities (e.g. fast food, banks, car wash) are permitted in the MU sub-district, provided that they meet design and development standards for the TC Zone. Existing drive-through uses and facilities may be continued consistent with Section 4.189.

D.

Neighborhood Mixed Use (N-MU):

1.

Uses with drive-through facilities—New uses with drive-through facilities (e.g. fast food, banks, car wash), are prohibited. Existing drive-through uses and facilities may be continued consistent with Section 4.189. In the N-MU sub-district, a change in use is permitted if redeveloping an existing drive-through use with another drive-through use, consistent with the other standards of Section 4.189.

(.04)

Consistency with Street Network and Multi-modal Network:

A.

All development will be consistent with the Street Network and Multi-modal Network, shown in Figures 2 and 3. Street and multi-modal facility locations are approximate and will be finalized as part of the development review process. The purpose of these plans are to support the creation of a highly connected and walkable Town Center where there are options for travel. The Development Review Board (DRB) may approve variations from Figures 2 and/or 3, if:

1.

Existing development restricts the connection from being developed;

2.

Existing natural resources and/or open space would be adversely affected by construction of the facility and mitigation of those impacts is not feasible.

B.

If a street or other multimodal connection varies from Figures 2 and/or 3, equivalent connectivity and multi-modal travel options shall be provided as determined in a Transportation Impact Analysis prepared per Section 4.140 and approved by the City Engineer.

C.

All development shall provide transportation facilities consistent with the cross-sections in the Wilsonville Town Center Plan and applicable provisions of the Wilsonville Transportation System Plan subject to variations approved by the City Engineer.

D.

All franchise utilities shall be located underground within the public sidewalk.

Figure 2. Street Network

Figure 3. Multimodal Network

(.05)

Consistency with Open Space Network:

A.

All development will be consistent with the Open Space Network, shown in Figure 4. The open space sizes and locations on Figure 4 are approximate and will be finalized as part of the development review process. The purpose of the plan is to create open spaces that are linked and serve as attractive amenities for Town Center. The Development Review Board may approve variations from Figure 4 if needed to accommodate existing development or physical constraints, and/or, preserve natural resources and open space. If an open space is varied, equivalent open space and open space linkage shall be provided.

B.

The Development Review Board may specify the method of assuring the long-term protection and maintenance of open space and/or recreational areas. Where such protection or maintenance are the responsibility of a private party or homeowners' association, the City Attorney shall review any pertinent bylaws, covenants or agreements prior to recordation.

Figure 4. Open Space Network

(.06)

Design and Development Standards:

A.

Purpose and Intent. The purpose of the design standards is to:

1.

Provide high quality design in new development and redevelopment that promotes a sense of community identity and implements the Wilsonville Town Center Vision.

2.

Provide a well-defined pedestrian, bicycle and vehicular network, good connections to adjacent land uses and direct connections to transit stops.

3.

Provide quality and usable open space, increase street tree canopy, and create transitions between land uses.

4.

Provide sustainable development through the adaptive reuse of existing buildings and increase the use of low-impact development best practices.

5.

All development shall follow these standards except as permitted in Subsection 4.132(.06) D.

B.

Building/Street Frontage Requirements. Building and street frontage requirements in this section are intended to create an active pedestrian environment through sidewalk-facing ground floors and entryways with protection from the elements for pedestrians.

[1]

Sidewalk width includes landscaping area. Tree wells shall include root barriers, the use of structural soils, soil cells, or other means to minimize impacts to sidewalks or roadway from root intrusion.

[2]

A maximum of two parklets are permitted per block, per side of street.

Figure 5.A. Building Placement and Location of Parking, Main Street Intersection (typical)

Figure 5.B. Building Placement and Location of Parking, Main Street/Local Street Intersection (typical)

Figure 5.C. Building Placement and Location of Parking, Local Street/Local Street Intersection (typical)

Figure 5.D. Building Placement and Location of Parking, Arterial/Collector/Local Street frontage (typical)

C.

Development Standards. Development standards apply to all new development within the Town Center boundary.

[1]

This table does not apply to existing development. All new buildings in the district must meet these development standards.

[2]

For commercial development, the maximum front and street side yard setback is ten feet. For mixed-use and residential only development, the maximum front setback is 20 feet. Front setbacks are permitted provided they are used for seating or other uses that encourage pedestrian activity and active ground floor uses. A variety of building setbacks are encouraged.

[3]

Second stories or higher in buildings must be useable. No false front buildings are permitted.

[4]

Within the MSD, MU and C-MU sub-districts, the maximum number of building stories may be increased by one story if a minimum of 25 percent of the units of the bonus floor area are affordable, with rental rates /mortgage restrictions for a minimum of ten years, to households earning at or below 80 percent of median family income of Wilsonville.

[5]

This standard does not apply to residential only buildings.

[6]

Minimum residential density applies to residential-only development. There is no minimum residential density for mixed-use development.

D.

Waivers to Development Standards. Development standards apply to all new development within the Town Center boundary.

The Development Review Board (DRB) may approve waivers to the size of the ground floor of a building floorplate and/or the number of stories of a building within the MU and C-MU sub-districts, consistent with the provisions of Section 4.118 (.03) if one item from each of the two following menus are met in a manner to clearly go substantially above and beyond Code requirements and typical building and site design to create a sense of place and mitigate negative impacts of the project related to the reason for the waiver. Items chosen from the menus shall account for need based on adjacent sites or the surrounding area:

Menu One:

1.

Public amenities, such as a plaza or other community gathering space, incorporated into the building design. Public plaza or other gathering spaces located in a prominent, visible location adjacent to a public street and include movable furniture that is functional and visually interesting.

2.

Public community meeting space provided within the building.

3.

Provision of ground floor facades that include additional supporting storefronts. The primary entrance of all businesses shall be located on the primary street frontage.

4.

Provision of incubator space on site, either within or adjacent to the development that provides below market lease rates for small businesses.

5.

Provision of affordable housing on the development site, consistent with the provisions of Table 2, footnote 4.

Menu Two:

1.

Innovative building techniques, such as rainwater harvesting, graywater systems, green roofs, or other environmental systems, shall be incorporated into the building design to significantly reduce impact to the environment.

2.

Building architecture that creates a distinctive community landmark exemplifying the preferred materials and form for Town Center described in Subsection 4.132(.06)M. and discussed in the Town Center Plan.

3.

Pedestrian-oriented and creative lighting incorporated into landscape features and plazas and/or interior window retail displays that are lit at night.

4.

Achievement of LEED certification, Earth Advantage, or another recognized environmental certification.

5.

Installation of public art, consistent with the provisions of Subsection 4.132(.06)K. for art within plaza areas.

E.

Building Placement. Buildings shall meet the following standards:

1.

Main Streets and Local Streets. Where parcels are bounded by a main street and perpendicular street, buildings shall be located at the street intersection. For parcels with frontage only on one street or if a building is already located at the street intersection, the new building shall be located immediately adjacent to existing building to create a continuous building façade with adjacent buildings. Street frontage requirements for main street are a minimum of 70 percent of the lot frontage. Off-street parking shall be located behind buildings fronting main street, either on surface or tuck under lot, parking structure, or at a central off-site parking facility located within the TC boundary.

2.

If a parcel fronts two or more different street design classifications, the primary building entrance shall front the following in order of priority: main street, local street, collector street.

3.

Minimum building frontage requirements for a local street shall be 25 percent if the development also fronts main street.

4.

Minimum building frontage requirements for a local street shall be 50 percent if the development fronts another local street.

5.

For parcels that do not front a main street or a local street, the minimum building frontage shall occupy a minimum 50 percent of the lot frontage.

6.

The Development Review Board may approve variations from building placement standards if existing development, physical constraints, or site circulation and access are infeasible. If the Development Review Board determines that a variation from building placement standards is required, building placement should be prioritized as follows:

a.

If the development is adjacent to main street, the primary frontage of the building shall remain on main street with variation from this standard occurring on a side street.

b.

If the development is adjacent to the main streets (e.g. Park Place and Courtside Drive) the primary frontage shall be on Park Place with the variation occurring on Courtside Drive.

c.

If the development is adjacent to two local streets, the primary frontage shall be on the north/south local street with the variation occurring on east/west local street.

F.

Building Setbacks. The minimum building setback from public street rights-of-way shall be zero feet; the maximum building setback shall be 20 feet for MSD and N-MU districts. The maximum setback shall be ten feet for all other districts. No off-street vehicle parking or loading is permitted within the setback. Bicycle parking is permitted with in the setback.

G.

Front Yard Setback Design. Landscaping, water quality treatment, seating areas, an arcade, or a hard-surfaced expansion of the pedestrian path must be provided between a structure and a public street or accessway. If a building abuts more than one street, the required improvements shall be provided on all streets. Hard-surfaced areas shall be constructed with scored concrete or modular paving materials. Benches and other street furnishings are encouraged.

H.

Walkway Connection to Building Entrances. A walkway connection is required between a building's entrance and a public street or accessway. This walkway must be at least six feet wide and be paved with concrete or modular paving materials. Building entrances at a corner adjacent to a public street intersection are encouraged.

I.

Parking Location and Landscape Design:

1.

Parking for buildings adjacent to public street rights-of-way must be located to the side or rear of newly constructed buildings, except for buildings fronting main street, where parking must be located behind the building, either surface, tuck under or structured (above or below grade). For locations where parking may be located to the side of the building, parking is limited to 50 percent of the street frontage and must be behind a landscaped area per Section 4.176.

2.

Within off-street parking lots, all parking spaces, except for those designated for ADA accessible space or deliveries, shall be shared spaces. Designation for individual uses is not permitted.

3.

Within off-street parking lots, time limitations may be placed on parking spaces to encourage parking turnover. This includes time limitations to pickup and drop off of goods from area businesses (e.g. drycleaner, bank ATM etc.).

J.

Parking Garages and Off-street Parking Access. Parking garages must meet all building standards identified within this section. Off street access to a parking lot or garage should be located to minimize conflicts with pedestrians and must be provided from an alley or local street.

K.

Plaza Areas. The following plaza design standards are intended to enhance the overall site layout and ensure that plaza areas are designed as an accessible amenity.

1.

Plaza space shall be required when a mixed-use or commercial development or redevelopment involves a gross site area greater than two acres. When a plaza is required as a percentage of the overall required open space the plaza space shall incorporate at least three of the following elements:

a.

One seating space is provided for every 250 square feet of plaza area and/or public space. The seating space requirement may be met by providing benches, chairs, and/or seat-walls. Areas actively used for public outdoor cafes are exempted from the calculation in the seating area requirement. Remaining plaza areas must meet the seating requirement.

b.

Structures such as pergolas, canopies, awnings, arcades, or other similar elements to provide shade and rain coverage. Structures should provide coverage for year-round use of the plaza.

c.

Notwithstanding trees required to satisfy the open space requirement, additional trees are provided at a rate of one tree per 800 square feet of plaza or public space area.

d.

Water features.

e.

Public art. Public art that is proposed or provided must satisfy all of the following requirements:

i.

The art must be designed and produced by a professional artist;

ii.

The art must relate in terms of scale, material, form and content to immediate and adjacent buildings and architecture, landscaping or other settings so as to complement the site and its surroundings;

iii.

The art must demonstrate excellence in craftsmanship, originality in conception, and integrity of materials. Interactive art is encouraged;

iv.

Minimal maintenance must be adequate for preserving the long-term integrity and enjoyment of the art, as evidenced by a maintenance plan submitted with the public art proposal;

v.

Art in private construction projects must be maintained by the property owner in a manner acceptable to the City in accordance with a maintenance plan submitted with the art proposal;

vi.

The art must meet all applicable building code requirements.

vii.

The art must be accompanied by an identifying plaque that features the artist's name, artwork title and date of completion. This plaque must be made of a durable material and be installed permanently near the art.

f.

Activity areas including but not limited to outdoor cafes, retail spaces, and/or programmed spaces that accommodate entertainment, meetings, educational activities, and play areas.

g.

Pedestrian-scale wayfinding.

2.

Plaza areas shall be visible and accessible from adjacent streets or pedestrian areas. A minimum of 75 percent of the plaza frontage shall provide direct unobstructed access from adjacent streets.

3.

Stormwater management facilities shall be integrated into the plaza design and used as an amenity to the greatest extent possible.

4.

No less than 20 percent or more than 60 percent of the plaza area shall be utilized for planted landscaping, including stormwater detention areas. All other areas shall be composed of hardscaping.

5.

The minimum size of a plaza shall be 2,000 square feet.

6.

Litter receptacles shall be provided at a minimum of four cubic feet of capacity per 800 square feet of open plaza space.

L.

Drive Through Facilities. A drive-through facility shall be subject to the following standards:

1.

Shall only be permitted if the building also includes indoor seating.

2.

Shall not be permitted on parcels with frontage on a main street.

3.

All traffic queuing using the drive through facilities shall be accommodated on site and shall not conflict with bicycle and pedestrian mobility adjacent to the site.

4.

A drive-through lane shall not be located in the area between a building and a public street and the drive-through windows shall not face a public street.

5.

In addition to standards for drive throughs, buildings with drive-through facilities shall also meet standards for primary building access (Subsection 4.132(.06)M.2.h.).

6.

Drive-through facilities shall be clearly marked with signage to avoid conflict with on site and adjacent pedestrian and bicycle facilities.

Figure 6. Drive Through Facilities in Town Center, if not enclosed in a structure (typical)

M.

Building Design Standards:

1.

General Provisions:

a.

The first-floor façade of all buildings, including structured parking facilities, shall be designed to encourage and complement pedestrian-scale interest and activity through the use of elements such as windows, awnings, and other similar features.

b.

Building entrances shall be clearly marked, provide weather covering, and incorporate architectural features of the building.

c.

Architectural features and treatments shall not be limited to a single façade. All visible sides of a building from the street, whether viewed from public or private property, shall display a similar level of quality and architectural interest, with elements such as windows, awnings, murals, a variety of exterior materials, reveals, and other similar features.

d.

Green building techniques are encouraged, which could include the use of green roofs, gray water and water harvesting, and/or LEED certification of buildings.

2.

Design Standards:

[a.]

All buildings, including parking garages, shall comply with the following design standards. Building facade windows are required on all street-facing facades (see Figure 7), as follows:

i.

Window area is the aggregate area of the glass within each window, including any interior grids, mullions, or transoms. Facade area is the aggregate area of each street-facing vertical wall plane.

ii.

Required windows shall be clear glass and not mirrored or frosted, except for bathrooms. Clear glass within doors may be counted toward meeting the window coverage standard.

iii.

Ground floor windows. All street-facing elevations within the building setback (zero to 20 feet) along public streets shall include a minimum of 60 percent of the ground floor wall area with windows, display areas or doorway openings. The ground floor wall area shall be measured from two feet above grade to ten feet above grade for the entire width of the street-facing elevation. The ground floor window requirement shall be met within the ground floor wall area and for glass doorway openings to ground level. Up to 50 percent of the ground floor window requirement may be met on an adjoining elevation as long as the entire requirement is located at a building corner.

iv.

Street-facing facades that contain vehicle parking, such as a parking structure, do not have to provide windows but shall provide facade openings that meet the minimum required window area. If required facade openings do not contain glass, they may contain architectural elements that are no more than 30 percent sight-obscuring.

b.

Building Facades:

i.

Facades that face a public street shall extend no more than 50 feet without providing at least one of the following features: (a) a variation in building materials; (b) a building off-set of at least one foot; (c) a wall area that is entirely separated from other wall areas by a projection, such as an arcade; or (d) by other design features that reflect the building's structural system (See Figure 8). No building façade shall extend for more than 250 feet without a pedestrian connection between or through the building (see Figure 11).

ii.

Buildings more than three stories are required to step back six feet from the building facade at the beginning of the fourth story.

Figure 7. Window Placement and Percentage of Facade

Figure 8. Building Facade Articulation and Stepbacks

c.

Weather Protection (for non-residential and mixed-use buildings):

i.

A projecting facade element (awning, canopy, arcade, or marquee) is required on the street-facing façade. Within the MSD sub-district, weather protection shall be provided across the entire length of the building frontage.

ii.

All weather protection must comply with the Oregon Structural Specialty Code in effect at the time of application for projections or encroachments into the public right-of-way.

iii.

Weather protection shall be maintained and in good condition.

iv.

Marquees shall have a minimum ten-foot clearance from the bottom of the marquee to the sidewalk. Canopies and awnings shall have a minimum eight-foot clearance from the bottom of the awning or canopy to the sidewalk.

v.

The projecting façade element shall not extend into amenity zone or conflict with street lights. If the projecting façade element blocks light shed from adjacent street lights, exterior lighting shall be located on the building.

vi.

Awnings shall match the width of storefronts or window openings.

vii.

Internally lit awnings are not permitted.

viii.

Awnings shall be made of glass, metal, or a combination of these materials. Fabric awnings are not permitted.

d.

Building Materials. Plane concrete block, plain concrete, T-111 or similar sheet materials, corrugated metal, plywood, sheet press board or vinyl siding may not be used as exterior finish materials. Foundation material may be plain concrete or plain concrete block where the foundation material is not revealed for more than two feet. Use of brick and natural materials (wood) is encouraged.

e.

Roofs and roof lines. Except in the case of a building entrance feature, roofs shall be designed as an extension of the primary materials used for the building and should respect the building's structural system and architectural style. False fronts and false roofs are not permitted.

f.

Rooftop features/equipment screening:

i.

The following rooftop equipment does not require screening:

•

Solar panels, wind generators, and green roof features;

•

Equipment under two feet in height.

ii.

Elevator mechanical equipment may extend above the height limit a maximum of 16 feet provided that the mechanical shaft is incorporated into the architecture of the building.

iii.

Satellite dishes and other communications equipment shall be limited to ten feet in height from the roof, shall be set back a minimum of five feet from the roof edge and screened from public view to the extent possible.

iv.

All other roof-mounted mechanical equipment shall be limited to ten feet in height, shall be set back a minimum of five feet from the roof edge and screened from public view and from views from adjacent buildings.

v.

On all structures exceeding 35 feet in height, roofs shall have drainage systems that are architecturally integrated into the building design.

vi.

Any external stairwells, corridors and circulation components of a building shall be architecturally compatible with the overall structure, through the use of similar materials, colors, and other building elements.

vii.

Required screening shall not be included in the building's maximum height calculation.

g.

General Screening. Utility meters shall be located on the back or side of a building, screened from view from a public street to the greatest extent possible, and shall be painted a color to blend with the building façade.

h.

Primary Entry.

i.

For commercial/institutional/mixed-use buildings:

•

At least one entry door is required for each business with a ground floor frontage.

•

Each entrance shall be covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided.

•

All primary ground-floor common entries shall be oriented to the street or a public space directly facing the street, or placed at an angle up to 45 degrees from an adjacent street. Primary ground-floor common entries shall not be oriented to the interior or to a parking lot.

•

Courtyards, plazas and similar entry features may be utilized to satisfy the building entrance requirement when these features are designed to connect the adjacent street edge to the main building entrance.

ii.

For residential buildings:

•

Entry door. The primary public entrance to each building unit shall be covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided.

•

All primary ground-floor common entries of multifamily buildings or individual unit entries of attached residential units that front the street shall be oriented to the street or public right-of-way, not to the interior or to a parking lot.

i.

Building projections. Building projections are allowed as follows (see Figure 9):

i.

Architectural elements such as eaves, cornices and cornices may project up to one foot from the face of the building.

ii.

Bay windows and balconies may project up to four feet from the face of the building. Balconies that project into the right-of-way shall have a minimum vertical clearance of 12 feet from sidewalk grade or be mounted at the floor elevation, whichever is greater.

iii.

See also Subsection 4.132(.06)M.2.C. for standards related to weather protection.

Figure 9. Building Projections

N.

Off Street Parking and Loading. Parking standards are identified in Section 4.155.

O.

Parking within a Building or Structure:

1.

Parking structures shall be designed to allow reuse of the building for non-parking uses, such as office or residential uses.

2.

The ground floor façade of a structured parking facility that abuts a public sidewalk, street, or open space and that is not occupied by entrances, exits, or waiting areas shall be designed and constructed with a minimum unfinished floor to ceiling height of 15 feet in order to allow occupancy by uses other than parking that are permitted in the underlying district (see Figure 10).

3.

Parking structures located in the MSD and adjacent to a public street shall contain retail or office uses on the first floor fronting the street or be wrapped with development of equal or greater height than the parking structure. At least 50 percent of a street-level floor facing a public sidewalk, street, or open space area shall contain retail or office uses to a minimum depth of 60 feet.

4.

Facade openings that face a public street or open space shall be vertically and horizontally aligned and all floors fronting on those facades shall be level, not inclined.

5.

The first floor facade of a parking structure located adjacent to a public street shall include at least three architectural elements such as arcades, windows, awnings, overhangs, screens, grills, louvers or other similar non-opaque features.

6.

Parking structures shall be designed so that motorized vehicles parked on all levels of the structure are screened to a minimum height of 42 inches.

7.

Where the upper floors of above-ground parking structures are visible from a public street, such surfaces shall include architectural or vegetative finishes.

8.

Within a surface parking lot or structure, the bicycle spaces, carpool, vanpool, shared car, or electric vehicle charging spaces should be placed in preferred locations relative to the street, the building entrances, and the primary pedestrian routes within and around the project site.

Figure 10. Parking Structure-Ground Floor Design

P.

Street Connectivity:

1.

Purpose. The purpose of these standards and procedures is to create safe, comfortable, and attractive streetscapes for pedestrians, improve connectivity for all modes of travel, and remove barriers for small-scale incremental development.

2.

General Provisions. This section contains the standards and procedures for improvements to public transportation facilities for all property located in the Wilsonville Town Center Boundary, including specific standards for vehicle, pedestrian, bicycle, and transit facilities. The terms "transportation facilities" and "transportation improvements" generally include those facilities, or improvements to those facilities, that accommodate all modes of travel that are usually located in public rights-of-way, also commonly referred to as streets. "Frontage improvements" are transportation improvements immediately adjacent to a proposed development's street frontage. "Off-site improvements" are transportation improvements not adjacent to a proposed development's street frontage.

3.

Transportation Facility Standards:

a.

Intersection design and spacing:

i.

Transportation facilities shall be designed and constructed in conformance to the applicable section of the City Development Code and to the City's Public Works Standards.

ii.

Street intersections shall have curb extensions to reduce pedestrian crossing distances unless there are other standards that apply, such as areas with flush curbs.

iii.

New street intersections, including alleys, are subject to approval by the City Engineer.

b.

Transportation network connectivity:

i.

Minimum required transportation improvements are identified in the Wilsonville Town Center Plan. Alleys are encouraged but not required. Private streets are prohibited.

ii.

Bicycle and pedestrian connections are required where the addition of a connection would link the end of a permanent turnaround to an adjacent street or provide a midblock connection through a long block. A mid-block connection is required where at least one block face is 400 feet or more in length (see Figure 11). A required connection must go through the interior of the block and connect the block face to its opposite block face. The mid-block crossing shall be demarcated with paving, signage, or design that clearly demarcates the crossing is designated for pedestrian and bicycle crossings.

Figure 11. Mid-Block Pedestrian and Bicycle Connections

iii.

Streets shall be extended to the boundary lines of the proposed development where necessary to give access to or allow for future development of adjoining properties.

•

Any required or proposed new streets through or along the boundary of the proposed development shall be accompanied by a future street plan. The future street plan shall show that it is feasible to extend all required or proposed new streets onto adjoining properties to the satisfaction of the City Engineer.

•

Temporary turnarounds shall be constructed for street stubs in excess of 150 feet in length. Drainage facilities shall be constructed to properly manage stormwater runoff from temporary turnarounds.

•

Street stubs to adjoining properties shall not be considered permanent turnarounds, unless required and designed as permanent turnarounds, since they are intended to continue as through streets when adjoining properties develop.

•

Reserve strips may be required in order to ensure the eventual continuation or completion of a street.

iv.

Permanent dead end streets are not allowed except where no opportunity exists for creating a through street connection. Dead end streets shall meet all fire code access requirements and shall only be used where topographical constraints, protected natural resource areas, existing development patterns, or strict adherence to other City requirements precludes a future street connection. The lack of present ownership or control over abutting property shall not be grounds for a dead end street.

v.

Street design. All streets are subject to the standards illustrated in the Wilsonville Town Center Plan.

vi.

Street trees shall be required along all street frontages. The minimum number of required street trees shall be determined by dividing the length (in feet) of the proposed development's street frontage by 30 feet. When the result is a fraction, the number of street trees required shall be the nearest whole number.

x.

Sidewalks shall have a minimum unobstructed width of six feet for pedestrian through travel. Permanent structures or utilities within the required pedestrian through-travel area are restricted unless approved by the City Engineer. Sidewalk area outside of the required through-travel area may be used for landscaping, pedestrian amenities such as permanent street furniture, bicycle parking, trash cans, and drinking fountains.

xi.

Temporary placement of customer seating, merchandise display, temporary A-frame signs or other uses by businesses adjacent to the street shall be placed within the amenity or building zone in front of the business (see Figure 12). The building zone may be extended into the pedestrian zone in front of the building if a minimum of four feet is provided for the pedestrian through area. Placement of any temporary uses requires a temporary right-of-way use permit and approval by the City Engineer.

xii.

Temporary signs, such as A-Frames, are permitted within Town Center provided the temporary sign meets the following standards:

•

One temporary sign is allowed per public entrance to buildings.

•

Temporary signs may be up to 12 square feet in area. Only one side of a portable sign will be counted. The vertical dimension of the sign including support structure may be no greater than 42 inches.

•

Signs may be placed in front of the building only during business hours.

•

Electrical signs and changing image sign features are prohibited.

xi.

Off street paths shall meet the City's path standards identified in the Transportation system plan, unless noted otherwise in the Wilsonville Town Center Plan. The location and type of facility shall be consistent the trail and open space, and street cross section illustrated in the Wilsonville Town Center Plan. Trail widths may be reduced where constrained by existing development, protected natural resource areas, or topography as determined by the City Engineer.

Figure 12. Sidewalk Furnishing and Pedestrian Through Zones

(Ord. No. 835, 6-5-2019)

The purpose of the IAMP Overlay Zone is the long-range preservation of operational efficiency and safety of the Wilsonville Road Interchange, which provides access from and to Interstate 5 for residents and businesses in south Wilsonville. The Wilsonville Road Interchange is a vital transportation link for regional travel and freight movement and provides connectivity between the east and west side of the community. Preserving capacity and ensuring safety of this interchange and the transportation system in its vicinity is essential to existing businesses and residents in the southern parts of the City and to the continued economic and community growth and development in the vicinity of Wilsonville Road and the interchange.

The provisions of this Section shall apply to land use applications subject to Section 4.004, Development Permit Required, for parcels wholly or partially within the IAMP Overlay Zone, as shown on Figure I-1. Any conflict between the standards of the IAMP Overlay Zone and those contained within other chapters of the Development Code shall be resolved in favor of the Overlay Zone.

Figure I-1: Wilsonville Road Interchange Area Management Plan (IAMP) Overlay District Map

Uses allowed in the underlying zoning districts are allowed subject to other applicable provisions in the Code and this Section.

In addition to the standards and requirements of Section 4.237 for land divisions and Street Improvement Standards in Section 4.177, parcels wholly or partially within the IAMP Overlay Zone are governed by the Access Management Plan in the Wilsonville Road Interchange Area Management Plan. The following applies to land use and development applications subject to Sections 4.133.02 Applicability. The provisions of Section 4.133.04 apply to:

(.01)

Development or redevelopment proposals for parcels two acres or less that are subject to the requirements of Section 4.004 Development Permit.

(.02)

Planned Development applications, pursuant to Section 4.140, as part of Preliminary Approval (Stage One).

(.03)

Final Approval (Stage Two) Planned Development applications, pursuant to Section 4.140, to the extent that subsequent phases of development differ from the approved preliminary development plan, or where one or more of the following elements are not identified for subsequent phases:

A.

Land uses.

B.

Building location.

C.

Building size.

D.

Internal circulation.

(.04)

Access Approval:

A.

Access to public streets within the IAMP Overlay Zone shall be reviewed for consistency with the IAMP Access Management Plan.

B.

Approval of access to City streets within the IAMP Overlay Zone shall be granted only after joint review by the City and the Oregon Department of Transportation (ODOT). Coordination of this review will occur pursuant to Section 4.133.05(.02).

C.

Access approval is a Class II decision, pursuant to Section 4.030, and is based on the standards contained in this Section, the provisions in Section 4.177 and Section 4.237 of this Code, and the Access Management Plan in the Wilsonville Road Interchange Area Management Plan.

1.

Where the recommendations of the Access Management Plan conflict with other access and spacing requirements in Section 4.177 of this Code, the IAMP Access Management Plan shall govern.

2.

Where development proposals are inconsistent with the Access Management Plan, modifications to the Access Management Plan are required pursuant to (.03) in this Section.

(.05)

Cross-access easements:

A.

Prior to approving access for tax lots that are identified in the Access Management Plan (see Table 3 and Figure 5 in the Wilsonville Road Interchange Area Management Plan), the City shall require that:

1.

The applicant demonstrate how cross access can be accomplished for sites contiguous to the subject property or properties, consistent with the circulation and planned local street network shown in the Interchange Area Management Plan;

2.

If access across an adjacent parcel or parcels is necessary for the development of the subject site, a signed cross-access agreement is submitted with the application; and,

3.

For applications reviewed as part of a subdivision approval process, necessary cross-access easements are shown and recorded on the final plat. Access widths shall consistent with City Public Works standards unless based on a Transportation Impact Analysis, developed pursuant to Section 4.133.05(.01) and approved by the City Engineer.

(.06)

Access Management Plan Modifications:

A.

Recommended actions in the Access Management Plan are based on property configurations development application approvals and ownership existing at the time of the Wilsonville Road Interchange Area Management Plan's adoption. Lot consolidation and other land use actions may necessitate an amendment to the Access Management Plan. Modifications to the Access Management Plan:

1.

May occur through agreement by the City of Wilsonville and ODOT and require an amendment to the Wilsonville Road Interchange Area Management Plan; and

2.

Will only be allowed if the proposed modifications meet, or move in the direction of meeting, the adopted access management spacing requirements in the Wilsonville Road Interchange Area Management Plan.

Section 4.133.05 delineates the responsibilities of the City, in coordination with ODOT, to monitor and evaluate vehicle trip generation impacts on the Wilsonville Road Interchange from development approved under this Section.

(.01)

Traffic Impact Analysis:

A.

Purpose. The purpose of this section of the Code is to implement Section 660-012-0045 (2) (e) of the State Transportation Planning Rule that requires the City to adopt a process to apply conditions to development proposals in order to minimize adverse impacts to and protect transportation facilities. This section establishes the standards for when a proposal in the IAMP Overlay Zone must be reviewed for potential traffic impacts; when a Traffic Impact Analysis must be submitted with a development application in order to determine whether conditions are needed to minimize impacts to and protect transportation facilities; what must be in a Traffic Impact Study; and who is qualified to prepare the Study.

B.

Typical Average Daily Trips. The latest edition of the Trip Generation Manual, published by the Institute of Transportation Engineers (ITE) shall be used as standards by which to gauge average daily vehicle trips, unless a specific trip generation study is approved by the City Engineer. A trip generation study could be used to determine trip generation for a specific land use which is not well represented in the ITE Trip Generation Manual and for which a similar facility is available to count.

C.

When required, a Traffic Impact Analysis shall be required to be submitted to the City with a land use application, when the following conditions apply:

1.

The development application involves one or more of the following actions:

a.

A change in zoning or a plan amendment designation; or

b.

The development requires a Development Permit pursuant to Section 4.004; or

c.

The development may cause one or more of the following effects to access or circulation, which can be determined by site observation, traffic impact analysis or study, field measurements, and information and studies provided by the local reviewing jurisdiction and/or ODOT:

i.

The location of the access driveway does not meet minimum intersection sight distance requirements, or is located where vehicles entering or leaving the property are restricted, or such vehicles queue or hesitate, creating a safety hazard; or

ii.

The location of the access driveway does not meet the access spacing standard of the roadway on which the driveway is located; or

iii.

The location of the access driveway is inconsistent with the Wilsonville Road Interchange Area Management Plan Access Management Plan.

iv.

A change in internal traffic patterns that may cause safety problems, such as back up onto the highway or traffic crashes in the approach area.

D.

Traffic Impact Analysis Requirements:

1.

Preparation. A Traffic Impact Analysis shall be prepared by a professional engineer under retainer to the City. The traffic analysis will be paid for by the applicant.

2.

Transportation Planning Rule Compliance. The traffic impact analysis shall be sufficient in detail to determine compliance with Oregon Administrative Rule (OAR) 660-012-0060.

3.

Traffic Impact Analysis Scoping. The applicant will coordinate with the Wilsonville City Engineer prior to submitting an application that requires a Traffic Impact Analysis. The City has the discretion to determine the required elements of the TIA and the level of analysis expected. Coordination with ODOT is advisable and is at the City's discretion.

E.

Approval Criteria:

1.

Criteria. When a Traffic Impact Analysis is required, approval of the development proposal requires satisfaction of the following criteria:

a.

The Traffic Impact Analysis was prepared by a professional engineer selected by the City; and

b.

If the proposed development meets the criteria in Section C, above, or other traffic hazard or negative impact to a transportation facility, the Traffic Impact Analysis shall include mitigation measures that meet the City's performance standards (i.e. Level-of-Service and/or Volume/Capacity ratio) and are satisfactory to the City Engineer and ODOT; and

c.

The proposed site design and traffic and circulation design and facilities, for all transportation modes, including any mitigation measures, are designed to:

i.

Have the least negative impact on all applicable transportation facilities; and

ii.

Accommodate and encourage non-motor vehicular modes of transportation to the extent practicable; and

iii.

Make the most efficient use of land and public facilities as practicable; and

iv.

Provide the most direct, safe and convenient routes practicable between on-site destinations, and between on-site and off-site destinations; and

v.

Otherwise comply with applicable requirements of the City of Wilsonville's Development Code.

F.

Conditions of Approval. The City may deny, approve, or approve a development proposal with appropriate conditions.

1.

Where the existing transportation system will be impacted by the proposed development, dedication of land for streets, transit facilities, sidewalks, bikeways, paths, or access ways may be required to ensure that the transportation system is adequate to handle the additional burden caused by the proposed use.

2.

Where the existing transportation system is shown to be burdened by the proposed use, improvements such as paving, curbing, installation or contribution to traffic signals, construction of sidewalks, bikeways, access ways, paths, or streets that serve the proposed use may be required.

3.

Where planned local street connectivity is required to improve local circulation for the betterment of interchange function, local street system improvements will be required.

(.02)

Land Use Review Coordination:

A.

The City shall not deem the land use application complete unless it includes a Traffic Impact Analysis prepared in accordance with the requirements of this Section.

B.

The City shall provide written notification to ODOT when the application within ten calendar days of receiving a complete Class II Permit application.

C.

ODOT shall have at least 20 calendar days, measured from the date completion notice was mailed, to provide written comments to the City. If ODOT does not provide written comments during this 20-day period, the City staff report will be issued without consideration of ODOT comments.

This Section applies to all Comprehensive Plan Map and Zoning Map amendments to parcels wholly or partially within the IAMP Overlay Zone.

(.01)

IAMP Amendment. If the proposed land use is inconsistent with the current Comprehensive Plan Map or Zoning Map land use designation the applicant will be required to undertake a legislative process to amend and update the Wilsonville Road Interchange Area Management Plan in order to demonstrate that the proposed amendment will be consistent with the planned improvements in the Overlay Zone.

(.02)

Transportation Planning Rule Requirements:

A.

Review of Applications for Effect on Transportation Facilities. A proposed comprehensive plan amendment, zone change or land use regulation change pertaining development within the IAMP Overlay Zone, whether initiated by the City or by a private interest, shall be reviewed to determine whether it significantly affects a transportation facility, in accordance with Oregon Administrative Rule (OAR) 660-012-0060 (the Transportation Planning Rule—"TPR"). "Significant" means the proposal would:

1.

Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan);

2.

Change standards implementing a functional classification system; or

3.

As measured at the end of the planning period identified in the adopted transportation system plan:

a.

Allow land uses or levels of development that would result in types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility;

b.

Reduce the performance of an existing or planned transportation facility below the minimum acceptable performance standard identified in the TSP; or

c.

Worsen the performance of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standard identified in the TSP or comprehensive plan.

B.

Amendments That Affect Transportation Facilities. Amendments to the comprehensive plan and land use regulations that significantly affect a transportation facility shall ensure that allowed land uses are consistent with the function, capacity, and level of service of the facility identified in the TSP. This shall be accomplished by one or a combination of the following:

1.

Adopting measures that demonstrate allowed land uses are consistent with the planned function, capacity, and performance standards of the transportation facility.

2.

Amending the TSP or comprehensive plan to provide transportation facilities, improvements or services adequate to support the proposed land uses consistent with the requirements of Section -0060 of the TPR.

3.

Altering land use designations, densities, or design requirements to reduce demand for vehicle travel and meet travel needs through other modes of transportation.

4.

Amending the TSP to modify the planned function, capacity or performance standards of the transportation facility.

C.

Traffic Impact Analysis. A Traffic Impact Analysis shall be submitted with a plan amendment or zone change application. [See Section 4.133.05(.01) Traffic Impact Analysis].

(Ord. No. 672, 11-16-2009)

(.01)

Purpose. The Coffee Creek Industrial Design Overlay District (Coffee Creek DOD) is an overlay district within the Planned Development Industrial - Regionally Significant Industrial Area (RSIA) Zone Section 4.135.5. The purpose of this Coffee Creek DOD is to implement the Coffee Creek Industrial Area Master Plan (2007) by establishing standards for street design and connectivity, site design and circulation, building form, and building architecture and landscape for all development located within the master plan area. These standards are intended to result in:

A.

An industrial district featuring cohesive and high-quality site, landscape, and building design that is well integrated with adjacent streetscapes and other public spaces.

B.

A multi-modal transportation network accommodating pedestrians, bicyclists, transit riders, motorists, and freight in the context of a modern light industrial district.

C.

Preservation of trees and natural features.

D.

Minimization of adverse impacts to adjacent properties from development that detracts from the character and appearance of the area.

E.

Minimization of the off-site visibility of vehicular parking, circulation and loading areas.

F.

Creation of a pleasant and functional industrial district for employees and visitors.

G.

A predictable and timely process for reviewing light industrial development applications.

(.02)

Applicability. The Coffee Creek DOD shall apply to all properties within the Coffee Creek Industrial Area Master Plan as shown in the Regulating Plan (Figure CC-1). The provisions of this section shall apply to:

A.

All new building construction.

B.

Any exterior modifications to existing, non-residential buildings, subject to Section 4.134(.03).

C.

All development of site improvements including but not limited to new paved parking lots, outdoor storage, display areas, signs, and landscaping.

D.

All building expansions greater than 1,250 square feet.

(.03)

Exceptions. This section does not apply to the following:

A.

Maintenance of the exterior of an existing industrial/employment structure, such as painting to the approved color palette, reroofing, or residing with the same or similar materials.

B.

Interior remodeling.

C.

Maintenance of existing dwellings and accessory buildings.

D.

Maintenance of agricultural buildings.

(.04)

Uses that Are Typically Permitted. The uses permitted shall be governed by Section 4.135.5(.03).

(.05)

Prohibited Uses: The uses prohibited shall be governed by Section 4.135.5(.04).

(.06)

Overview of Coffee Creek DOD Standards:

A.

Section 4.134(.09) Regulating Plan. The Regulating Plan organizes all existing and future streets, drives, and shared-use paths within the Coffee Creek Industrial Area into a hierarchy of Addressing Streets, Supporting Streets and Through Connections.

B.

Section 4.134(.10) Connectivity Standards:

1.

New Supporting Streets and Through Connections are required within the Coffee Creek DOD to meet Connectivity Requirements as shown on Figure CC-4.

2.

The Street Types specify the cross sections for each of the street and shared-use path types within the Regulating Plan. These cross section specifications apply to both existing and proposed new streets. A range of cross sections for Supporting Streets and Through Connections is permitted and detailed in Figures CC-2 and CC-3.

C.

Section 4.134(.11) Development Standards Table:

1.

The Development Standards Table provides an overview of all applicable development standards. The development standards for any given parcel are determined by the existing or future street or shared-use path type on which the parcel fronts, as detailed in Table CC-1.

2.

Areas bounded by new Supporting Streets and Through Connections are designated as Parcels and are required to comply with Development Standards governing site design, building orientation and frontage. The development standards for site design, building façade and landscape design are intended to work in tandem with the street types to create a cohesive and unified public realm.

3.

Adjustments to Development Standards may be granted by the Planning Director for quantifiable provisions, as noted in Tables CC-1 though CC-4, if the Planning Director finds that the adjusted Development Standard will perform as well as the Development Standard.

D.

Coffee Creek DOD Pattern Book. The Coffee Creek DOD Pattern Book provides supplemental design guidelines, which are intended to allow more flexibility in design than the Development Standards while satisfying the purpose of the Coffee Creek DOD.

(.07)

Review Process. Development applications shall follow the application review process described in:

A.

Section 4.197 Zone Changes and Amendments.

B.

Section 4.198 Comprehensive Plan Changes.

C.

Section 4.700 Annexation and Urban Growth Boundary Amendments.

D.

Section 4.140 Planned Development Regulations.

(.08)

Waivers. The Development Review Board may waive standards as listed in Section 4.134(.11), consistent with the provisions of Section 4.118(.03).

A.

The following standards shall not be waived, unless there is substantial evidence in the whole record to support a finding that the intent and purpose of the standards will be met in alternative ways:

1.

Required minimum building height as provided in Section 4.134(.11) Table CC-4;

2.

Parking location and design along addressing streets in Section 4.134(.11) Table CC-3; and

3.

Parcel pedestrian access as listed in Section 4.134(.11) Table CC-3.

B.

In addition to meeting the purposes and objectives of Section 4.140, any waivers granted in the Coffee Creek DOD must be found to be consistent with the intent of the Coffee Creek DOD Pattern Book.

(.09)

Coffee Creek DOD Regulating Plan, Figure CC-1:

A.

Components of the Regulating Plan Map:

1.

Addressing Streets. Existing and planned streets within the Regulating Plan Area are called Addressing Streets and include Cahalin Road, Day Road, Clutter Street, Grahams Ferry Road, Garden Acres Road, and "Future" Street.

2.

Overlay District. Land area identified within the Coffee Creek DOD on Figure CC-1 is subject to additional Connectivity Standards as detailed in Figure CC-4 and Table CC-1.

(.10)

Coffee Creek Connectivity Standards:

A.

Street Types, Figure CC-1. Within the land area bounded by Addressing Streets, connectivity shall be provided through new streets or private drives and shared use paths. The location, alignment, and cross-section of required streets or private drives and shared-use paths is flexible, as long as they comply with spacing and minimum cross section standards. New connections may be one of the following types:

1.

Supporting Streets. Supporting Streets are new public streets or public easements. They shall meet the development standards set out in Figure CC-2.

a.

A Required Supporting Street is one that intersects with an Addressing Street as shown on Figure CC-1. The exact location and design of these connections will be determined at the time of development review.

b.

Planned Intersections are locations where Existing and Planned Addressing Streets intersect with required Supporting Streets, and Planned Pathways, as generally shown in Figure CC-1.

2.

Through Connections. Through Connections are new public streets or public easements with multi-use paths, or streets or public easements that combine characteristics of streets and multi-use paths. They shall meet the Development Standards set out in Figure CC-3.

B.

Planned Pathways are multi-use paths or pedestrian connections that are planned in the Transportation Systems Plan to occur in the location generally shown in Figure CC-1. A Planned Pathway may be employed to meet required connectivity, if it complies with Through Connection Standards for Connection Spacing and Connection Type, see Figure CC-6.

C.

Maximum Connection Spacing:

1.

Addressing Streets. When intersecting with an Addressing Street, new Supporting Streets and Through Connections shall meet maximum spacing standards as set out in Table CC-1.

2.

Internal Supporting Streets and Through Connections. See Figure CC-4 and Table CC-1.

D.

Required Connectivity Master Plan. Connectivity Master Plans are required for all development within the Coffee Creek DOD. Development proposals shall show conceptually how the Connectivity Requirements will be met. In addition, the Connectivity Master Plan should generally indicate how parking, driveways, walkways, waysides, etc., will relate or connect to adjacent parcels.

(.11)

Development Standards Table. Areas bounded by Addressing Streets, Supporting Streets and Through Connections shall be designated as a Parcel and subject to the Development Standards in Tables CC-1 through CC-4.