HomeMy WebLinkAbout2021 10 19 AIS for Code Update
AGENDA ITEM SUMMARY Meeting Date: 10/19/2021
Meeting Type:Work Session
Staff Contact/Dept.:Mark Rust/DPW
Staff Phone No:541-726-3654
Estimated Time: 60 minutes
S P R I N G F I E L D
PLANNING COMMISSION
Council Goals: Encourage Economic
Development and
Revitalization through
Community Partnerships
ITEM TITLE: DEVELOPMENT CODE UPDATE PROJECT – DRAFT CODE SECTIONS
ACTION
REQUESTED:
Staff is asking the Planning Commission to provide input on the draft code sections
for Phase 1 of the Development Code Update Project.
ISSUE
STATEMENT:
The Purpose of the Development Code Update Project is to change the Springfield
Development Code to support efficient, timely, and clear development review. The
updated Development Code will support Springfield’s economic development
priorities and will honor Springfield’s hometown feel now and in the future.
At this meeting staff will be asking the Planning Commission to provide input and
direction on making changes to the code sections to prepare the final public hearing
drafts. Staff anticipates making changes to the code sections based on the Planning
Commission feedback and incorporating the changes into the draft code sections for
the next work session review.
ATTACHMENTS: Attachment 1: Memo on housing survey questions
Attachment 2: Draft of New Code 3.2.200 Residential Zones
Attachment 3: Draft of New Code 4.7.300 Special Standards for Certain Uses
Attachment 4: Draft of New Code 6.1.100 Definitions
Attachment 5: Senate Bill (SB) 458 Guidance Document
Attachment 6: Draft adoption timeline
Attachment 7: Climate Friendly and Equitable Communities memo
DISCUSSION:
Background
Staff last presented to the Planning Commission on October 5, 2021 when we
discussed Planning Commissioner views on minimum lot size for middle housing.
Discussion
The Phase 1, Housing, draft code sections need to be revised and finalized based on
the community engagement and Planning Commission input. Staff will be asking
for the Planning Commission’s recommendation as to any changes to the draft code
sections prior to releasing them for public hearing. There are areas of the code
sections that still have unresolved questions or options associated with them that
need input. Receiving the Planning Commission input and recommendation now for
the public hearing code sections will facilitate a smoother public hearings process.
Next Steps
Staff will continue to conduct work sessions with the Planning Commission as
necessary to finalize public hearing drafts of the code sections with the goal of
completing the public hearing drafts by the end of November, to facilitate starting
the formal public hearing process after the first of the year.
M E M O R A N D U M City of Springfield
Date: 10/5/2020
To: Planning Commission BRIEFING
From: Mark Rust, AICP, Interim Current Planning Supervisor
Arva Hussain, PSU Fellow
MEMORANDUM
Subject: Development Code Update Project–Phase 1, Middle
Housing
ISSUE
The Purpose of the Development Code Update Project is to change the Springfield
Development Code to support efficient, timely, and clear development review. The updated
Development Code will support Springfield’s economic development priorities and will honor
Springfield’s hometown feel now and in the future.
At this meeting staff will be asking the Planning Commission to provide input and direction on
making changes to the code sections to prepare the final public hearing drafts. Staff anticipates
making changes to the code sections based on the Planning Commission feedback and
incorporating the changes into the draft code sections for the next work session review.
BACKGROUND
Staff last presented to the Planning Commission on October 5, 2021 when we discussed Planning
Commissioner views on minimum lot size for middle housing
DISCUSSION
Staff is intending to work with the Planning Commission on the draft housing code sections in
an expedited way to meet the state mandated deadline of June 30, 2022 to adopt middle housing
code. The strategy from staff’s perspective for moving forward includes considering the City
Council direction, project goals and objectives, current state mandates, as well and future work
to be done.
The Council’s general direction is to change the Springfield Development Code to support
efficient, timely, and clear development review. More specifically, the project objectives
include:
1. Enable quick review of development applications.
2. Provide easy to understand code language presented in a clear and user-friendly format.
3. Provide a straight-forward processing path to development decisions.
4. Support/further economic development in all sectors.
5. Protect and enhance the beauty of our city to boost or stabilize property values,
encourage investment, and improve the image of the community.
6. Comply with mandatory regulatory requirements including implementation of HB 2001.
7. Implement the City’s adopted policies.
The current state mandated middle housing work is very prescribed by state law. Staff is
working to keep the implementation of the middle housing rules as straight forward as possible
at this stage of the project in order to meet the state mandated deadline. Recognizing that there
will be the opportunity to revisit and refine many of the new code provisions as we move
forward over the next two to three years with the required House Bill 2003, Housing Needs
Analysis and Housing Production Strategy. This work will likely require the city to make
additional code changes to the housing code. The draft housing code sections generally take the
“allow” approach as directed by the Technical Advisory Committee process.
Attachment 1, Page 1 of 6
Other new state regulations that is anticipated to require code changes is the forth coming
Climate Friendly and Equitable Communities State rulemaking process. Included as Attachment
7 of this packet is a briefing memo to the Springfield City Council on this topic. Additionally,
the State Department of Land Conservation and Development (DLCD) will be holding a
community conversation on this topic on October 27, 2021. Staff anticipates that additional
code changes will have to be make in the future to respond to these new rules as well.
Lastly, another consideration for the strategy for proceeding with the code updates at this point
are that due to Measure 491, which requires a city to provide compensation to a property owner
if new regulations limit residential uses of property. Due to this law, if we enacted the
“Maximize” options now, and then later wanted to pull back to the “allow” option, it could
create potential Measure 49 claims that the city would have to process and potentially
compensate property owners due to more restrictive regulation.
At the previous work session on October 5, 2021, the Planning Commission discussed the
survey results of the public outreach of Middle Housing Implementation for the residential code
section. At the work session commissioners began discussing the survey questions and
providing input to city staff to finalize the public hearing draft codes. The state mandated
timeline of June 30, 2022 for adopting middle housing code is approaching fast and the staff
wants to ensure that the Planning Commission has sufficient time to deliberate and make
recommendations to the city council.
1. Of the eight survey questions that were a part of the public outreach, the
planning commission discussed the second question in the survey pertaining to the
lot size requirements of the middle housing particularly for the triplex and fourplex
dwelling units.
2. The opinion of the planning commissioners around minimum lot size was
divided between allow and maximize option, while two commissioners did not
express a specific option from the survey.
3. Commission members agreed that the city needs to allow housing density
within its urban area, albeit some members were cautious of the minimum lot size as
required by the middle housing rules.
4. Planning commissioners are also cognizant that the city development codes,
particularly the residential codes, should be less prescriptive and more objective in
character to accomplish its purpose of efficient, timely, and clear development
review in the future.
5. The remaining seven questions pertaining to lot coverage, height restrictions,
parking requirements and design standards will be deliberated in the next planning
commission meeting, scheduled for October,19, 2021.
6. To better facilitate the discussion and in the interest of time each of the planning
commissioners will be requested to provide their input and thoughts for the survey
questions which were designed for the public outreach. This will help in
understanding as to what objectives and concerns the planning commission may
have about the Middle Housing Implementation for the City of Springfield. This
1 https://www.oregon.gov/lcd/Measure49/Documents/M49_FAQ_2018.pdf
Attachment 1, Page 2 of 6
survey has been sent to each of the Planning Commissioners and we ask that each
Planning Commissioner take the survey by Thursday, October 14th to allow staff
time to compile the results to present at the October 19th work session.
INCORPORATING MIDDLE HOUSING BY AMENDING THE SPRINGFIELD
DEVELOPMENT CODE:
One of the aspects of the Development Code update project is to incorporate the Middle
Housing Implementation code mandated by the State - House Bill 2001. City of Springfield is
required to adopt middle housing rules by June 30,2022. If Springfield is unable to adopt the
code amendments on-time, then the state adopted model codes will automatically apply. As
such, implementation of the Middle Housing codes will bring significant changes to the
residential code sections of the Development Code.
At the previous work session planning commission deliberated on one of the eight survey
questions, this section recaps the discussion and includes the remaining questions and analysis to
aid future discussions. Based on planning commissions direction, staff will prepare the public
hearing drafts of the development code.
Questions Previously Discussed by Planning Commission:
Question 2: Should the City allow triplex and fourplex dwelling on smaller lot sizes than
the 5,000 and 7,000 square foot sizes mandated by the State?
1. ALLOW: Require the largest minimum lot size permitted by state law. A triplex
would be allowed on at least a 5,000 square foot lot and a fourplex on a 7,000
square foot lot.
2. ENCOURAGE: Allow a smaller minimum lot size from the state standard. This
option would allow triplex and fourplex development on lots under the 5,000 and
7,000 square foot lots sizes and set a smaller minimum lot size.
3. MAXIMIZE: Don’t require any minimum lot size. This would allow a triplex
and fourplex on any size lot as long as the other siting standards were met.
Response: Three commission members indicated preliminary support for the ‘Allow’ option,
two members expressed preliminary support for the ‘Maximize’ option, while two members
were undecided among the 3 presented options. Thoughts that were gathered in the discussion
include recommendations for allowable density to be balanced with accessible green space,
allowing higher densities in new subdivisions but requiring larger lot sizes in existing
neighborhoods. Questions such as how the allowable lot size would affect the school zoning and
density were also raised. Some other considerations that were heard in the meeting include
development standards should be less prescriptive and more encouraging for diverse housing
types, housing situation be improved for the future generations of the City of Springfield while
maintaining similar standards of housing in the city.
Questions remaining to be discussed by the Planning Commission:
Question 1: Should the City allow duplexes, triplexes, and fourplexes by only meeting the
minimum state standards and require the units to be attached, or should the City
Attachment 1, Page 3 of 6
maximize more duplex, triplex, and fourplex units by allowing the units to be detached
units on a lot to provide more flexibility?
1. MAXIMIZE: Allow duplex, triplex, and fourplex units to be detached.
2. ALLOW: Require duplex, triplex, and fourplex units to be attached.
3. Other: (Please Specify)
Analysis: 80% of the survey respondents want the City to allow detached duplex, triplex and
fourplex; which is higher than the minimum state standard that require units to be attached.
Staff Comment: Detached units would give more flexibility for siting and orientation of the
units.
Question 3: What height limit should the City require for most middle housing types?
1. ALLOW: Require the lowest height limit allowed by state law.
2. ENCOURAGE: Allow the height limit to be higher than single family homes.
3. MAXIMIZE: No maximum height limit. The size of the structure would be
regulated by other standards.
4. Other (please specify)
Analysis: 36% of the survey respondents prefer the allow option which is the lowest height limit
as allowed by the state law. 28% want to encourage the height limit for middle housing to go
higher than the single-family homes and 36% responded to the maximize option which would
give more flexibility of height dependent on other standards such as the setbacks and siting of
the middle housing development.
Question 4: When building new middle housing, how much of the lot should be allowed to
be covered?
1. ALLOW: Require the lowest lot coverage allowed by state law, currently 45%.
2. ENCOURAGE: Allow for lots to develop with an increased lot coverage for
middle housing types.
3. MAXIMIZE: No maximum lot coverage standard. The lot coverage would be
regulated by other standards such as setbacks, parking, and the need for
stormwater treatment on site.
4. Other (please specify)
Analysis: 24% survey respondents agree with the “allow” option to require lowest lot coverage
as allowed by the state. However most respondents, a total of 76%, prefer the ‘encourage’ or
‘maximize’ option which allow either increased lot coverage or no maximum lot coverage
standard for the middle housing developments.
Attachment 1, Page 4 of 6
Question 5: When building new middle housing, how much space should be dedicated to
parking?
1. ALLOW: Require the most parking possible allowed by state law (generally one
space per home is the most the city can require).
2. ENCOURAGE: Require less parking (allow on street parking, and/or less
parking near places where it is easier to get around without a car).
3. MAXIMIZE: Require even less parking or no parking. Other (please specify)
Analysis: 57% survey respondents want the City to allow – most parking possible as allowed by
the state which is one space per dwelling unit. 40% of the total respondents chose the
‘encourage’ and ‘maximize’ option. Both these options would require the city to allow less
parking than the allow option. The City could however allow on-street parking for areas where it
is possible to safely park cars on the street or less parking if the development is near a transit
corridor.
Question 6: What level of design standards should the City use for middle housing?
1. ALLOW: Use the highest level of design standards allowed by state law.
Features may limit design flexibility and may add cost to providing housing.
2. ENCOURAGE: Develop design standards that are less restrictive than the
“allow” option. This option would encourage middle housing to use basic design
features but leave more options available for design flexibility and reducing cost.
3. MAXIMIZE: Require few or no design standards. This option would permit a
range of design standards and flexibility and could result in more efficient and
lower cost housing.
4. Other (please specify)
Analysis: 20% of the respondents agree with the ‘allow’ option to use highest design standards
allowed by the State in the Oregon Administrative Rule. This option would, however, limit
design flexibility and may add cost to providing housing. On the other side, 79% of the public
respondents chose ‘encourage’ or ‘maximize’ option that would either encourage less restrictive
or few design standards in the development codes. Both these options would give more flexibility
in the design standards with the potential to reduce the cost for the development.
Question 7: In general, what direction do you feel is the best for your Springfield
community?
1. ALLOW middle housing: Meet the minimum standards required by State law.
This option requires more regulations, less flexibility, and has less potential to
reduce the cost of future housing compared to the other two options.
2. ENCOURAGE more middle housing: Remove code barriers and increase
flexibility to providing housing. This option has less regulation, more design
flexibility, and reduces housing costs more than the “allow” option.
Attachment 1, Page 5 of 6
3. MAXIMIZE the amount of middle housing allowed: Minimize regulation and
apply code standard bonuses for providing more middle housing. This option has
the least regulation, most flexibility, and has the most potential to reduce cost to
provide future housing compared to the other two options.
4. Other (please specify)
Analysis: In this survey question, 26% respondents want the City to allow Middle housing by
meeting the minimum required state law that requires more regulations, less flexibility, and has
less potential to reduce the cost of future housing compared to the other two options. However,
69% want to ‘encourage’ or ‘maximize’ middle housing development, this will allow the City to
remove development code barriers, increase design flexibility and reduce housing cost for the
middle house development.
ADDITIONAL COMMENTS
The City received questions and recommendations from one of the planning commissioners
regarding design standards, setback and parking requirements. Recommendations were also
received for the definition sections of the draft residential code. The staff acknowledges and
appreciates the comments received and is working towards providing explanation towards these
comments.
Timeline
Staff has developed a draft adoption timeline (Attachment 6). This adoption timeline illustrates
the critical nature of moving through the steps of the process in an expedited way in order to
meet the state mandated deadline of June 30, 2022 for middle house code.
RECOMMENDED ACTION
This meeting is an opportunity for the Planning Commission to provide input and direction on
the draft housing code sections to inform the development of the public hearing drafts of the
code sections.
NEXT STEPS
Staff is scheduled for a work session with the Planning Commission on November 2, 2021. Staff
will continue to conduct work sessions with the Planning Commission as necessary to finalize
public hearing drafts of the code sections with the goal of completing the public hearing drafts
by the end of November, to facilitate starting the formal public hearing process after the first of
the year.
Attachment 1, Page 6 of 6
Section 3.2.200 – Residential Districts
(R-1, R-2, R-3)
Subsections:
3.2.205 Purpose, Applicability, and Location
3.2.210 Permitted Land Use
3.2.215 Lot Area and Dimensions
3.2.220 Setbacks
3.2.225 Impervious Surface Coverage Standards
3.2.230 Height
3.2.235 Density
3.2.240 Panhandle Lot or Parcel Development Standards
3.2.205 Purpose, Applicability, and Location
(A) Purpose. The purposes of the Residential Land Use Districts are to:
(1) Accommodate a full range of housing types.
(2) Implement the policies of the Springfield Comprehensive Plan and Metro Plan.
(3) Make efficient use of land and public services.
(4) Reduce reliance on the automobile for neighborhood travel and provide options for
walking and bicycling.
(5) Provide convenient access to Neighborhood Activity Centers.
(B) Applicability. The standards in this section apply to development in the R-1, R-2, and R-3
Land Use Districts. These districts are identified on the City’s official Zoning Map.
Where there is a conflict between the Special Use Standards SDC 4.7.300 - 4.7.400 and
the development standards in this SDC 3.3.200, the Special Use Standards prevail.
3.2.210 Permitted Land Uses
(A) Permitted Uses. The land uses listed in Table 3.2.210 are permitted in the Residential
Districts, subject to the provisions of this chapter. Only land uses that are specifically listed
in Table 3.2.210, land uses that are incidental and subordinate to a permitted use, and
land uses that are approved as “similar” to those in Table 3.2.210 are permitted.
(B) Determination of Similar Land Use. Similar use determinations must be made in
conformance with the procedures in SDC 5.11.100, Interpretations.
(C) Exceptions. Existing uses and buildings lawfully established under previously effective
land use regulations can continue subject to SDC 5.8.100, Non-Conforming Uses –
Determination, Continuance, Expansion and Modification, except as otherwise specified in
this section.
Attachment 2, Page 1 of 12
Table 3.2.210 Permitted Uses
Uses
Districts Special Use
Standards
R-1 R-2 R-3
Residential
Single-unit Dwelling; detached (SD-D) P N N
Duplex P* P* N SDC 4.7.310
Triplex/Fourplex P* P* P* SDC 4.7.315
and 4.7.320
Townhomes (Single Dwelling attached; e.g.,
row houses, etc.) P* P* P* SDC 4.7.315
and 4.7.330
Cottage Cluster Housing P* P* P* SDC 4.7.315
and 4.7.325
Recreational Vehicle for an Emergency
Medical Hardship P P P SDC 4.7.400
Accessory Dwelling Units (ADUs) P* P* P* SDC 4.7.340
Single Room Occupancy (SROs) P P P See def???
Boarding or Rooming House P* P* P* SDC 4.7.395
Manufactured Dwelling Park P, S* P, S* N SDC 4.7.350
Multiple Unit Housing on one lot or parcel, 5
units or more N P* P* SDC 4.7.380
thru 4.7.390
Registered or Certified Family Child Care Home P* P* P* SDC 4.7.405
Child care facility P P P
Residential Care Facility; 5 or fewer people P* P* P* SDC 4.7.355
Residential Care Facility; 6 or more people P, S* P, S* P, S* SDC 4.7.355
Public and Institutional* (Sec. 4.7.380)
Automobile Parking, Public Off-street Parking N D D
Club (see definition 6.1.110(F)) N N N
Community Service; includes Governmental
Offices N D D
Community Garden D D D
Educational facilities: elementary and middle
schools D* D* D* SDC 4.7-195
and 5.9.110
Emergency Services; Police, Fire, Ambulance D, S D, S D, S
Parks and Open Space, including
Playgrounds, Trails, Nature Preserves, Athletic
Fields, Courts, Swim Pools, and similar uses
P/D* P/D* P/D* SDC 4.7.200
Place of worship D, S* D, S* D, S* SDC 4.7.375
Commented [BS1]: I think adding RV to this would be helpful =
“RVs as emergency medical hardship” unless you’re wanting to
allow things other than RVs for this purpose.
Commented [BS2]: I’d be interested in the definition of this
and how it compares with Bed and Breakfast. I think of a Bed and
Breakfast as short term stays whereas a Boarding or Rooming
House could have people staying for more than a month.
Commented [RM3]: These need to be allowed as an outright
permitted use in all residential and commercial zones? Specified in
ORS 329A.440
Commented [BS4]: As I recall, typically we’ve allowed
elementary schools in residential zones, but the middle and high
schools are generally on public land. Are you intending to change
that?
Commented [BS5R4]: I had time to check, and the Metro Plan
calls out residential land as being available for elementary and
junior high schools. Education as a category of public and semi‐
public is for high schools and colleges. In order to maintain that
distinction in the policy, I think you need to be more specific in the
types of educational facilities (schools) that are allowed in
residential zones.
Attachment 2, Page 2 of 12
Table 3.2.210 Permitted Uses
Uses
Districts Special Use
Standards
R-1 R-2 R-3
Commercial
Bed and Breakfast S* S* S* SDC 4.7.360
Home Business P* P* P* SDC 4.7.370
Professional Office S* S* S* SDC 4.7.190
Mixed Use Buildings S* S* S* SDC 4.7.385
P = Permitted Use; S = Site Plan Review Required; D = Discretionary Use permit required; N = Not Allowed;
* = Permitted with Special Use Standards.
3.2.215 Lot Area and Dimensions
(A) In addition to applicable provisions contained elsewhere in this code, the development
standards listed in this section apply to all development in residential districts. In cases of
conflicts, standards specifically applicable in the residential land use district apply. In
cases of conflicts in this section between the general standards and the area-specific
standards, the area-specific standards apply.
Lot area and lot dimension standards for residential uses are listed in Table 3.2.215. For
other residential uses listed in Table 3.2.210, the lot area and dimensions are subject to
the type of residential structure being occupied. Lot development must be in conformance
with SDC 3.2.235, Density.
The following Table 3.2.215 sets forth residential land use district development standards,
subject to the special development standards in SDC 4.7.300-4.7.400.
Table 3.2.215-A: Residential District Density Standards
Density (see 3.2.235 below) R-1 R-2 R-3
Single unit dwelling,
detached
6 units per net
acre minimum
14 units per net
acre maximum
N/A
Duplex
6 units per net
acre minimum
No maximum
density
14 units per net
acre minimum
28 units per net
acre maximum
28 units per net
acre minimum
42 units per net
acre maximum
Triplex and fourplex
6 units per net
acre minimum
No maximum
density
14 units per net
acre minimum
28 units per net
acre maximum
28 units per net
acre minimum
42 units per net
acre maximum
Townhome
6 units per net
acre minimum
25 units per net
acre maximum
14 units per net
acre minimum
28 units per net
acre maximum
28 units per net
acre minimum
42 units per net
acre maximum
Commented [BS6]: Do we really require a site plan for all home
businesses? What if it’s entirely contained within the home – is
that a home occupation rather than a home business? Again, I’m
just speaking without having looked at the definitions or standards,
just my initial reactions.
Commented [BS7]: My understanding is that middle housing is
to be allowed similar to the single‐unit dwelling. If that’s true, why
are there special use standards for the middle housing types?
Instead of including this with an asterisk, maybe you just have the
column with the standards (no special use).
Commented [RM8R7]: We can have standards for middle
housing types, we just have to allow duplexes everywhere that
SFD’s are allowed. The duplex standard is just reflecting state
allowances/requirements. I would rather reference the special
standards section rather than add footnotes to this table.
Commented [BS9R7]: OK, makes sense.
Commented [RM10]:
Since we aren’t required to allow middle housing provisions here
since we aren’t allowing SFD’s in R‐2 and R‐3 any longer we can
have a max density. We could consider a higher density threshold
to incentivize affordable housing or for alley loaded development,
or along transit corridors, or???
Commented [BS11R10]: I think given the density policy in the
Metro Plan, we leave this as is now. When we update policies, we
can consider some “bonuses” or changes to the approach.
Attachment 2, Page 3 of 12
Table 3.2.215-A: Residential District Density Standards
Density (see 3.2.235 below) R-1 R-2 R-3
Cottage cluster
4 units per net
acre minimum
No maximum
density
14 units per net
acre minimum
28 units per net
acre maximum
28 units per net
acre minimum
42 units per net
acre maximum
Multiple unit housing N/A
14 units per net
acre minimum
28 units per net
acre maximum
28 units per net
acre minimum
42 units per net
acre maximum
Density fractions will be rounded up to the next whole number.
Table 3.2.215-B: Residential District Lot or Parcel Area Guidelines
Lot or Parcel Area
Minimum lot or parcel area for single unit dwellings, detached, is based on meeting the
maximum net density in the zoning district. Approximate example lot sizes are shown
below.
Maximum lot or parcel area is based on meeting the minimum net density in the zoning
district. Some approximate example lots sizes are shown below.
Lot or parcel areas for some uses/housing types are not reflective of the density range
above due to density not being applicable to certain middle housing types.
Where the density standards and these lot or parcel area examples conflict, the density
standards prevail.
Housing type R-1 R-2 R-3
Single unit dwelling,
detached
3,000 sq. ft.
minimum
7,260 sq. ft.
maximum
N/A
Duplex
3,000 sq. ft
minimum
7,260 sq. ft.
maximum
3,000 sq. ft
minimum
6,000 sq. ft.
maximum
2,000 sq. ft
minimum
4,000 sq. ft.
maximum
Triplex
5,000 sq. ft.
minimum
21,000 sq. ft.
maximum
4,500 sq. ft.
minimum
9,000 sq. ft.
maximum
3,000 sq. ft.
minimum
4,500 sq. ft.
maximum
Fourplex
7,000 sq. ft.
minimum
29,000 sq. ft.
maximum
6,000 sq. ft.
minimum
12,000 sq. ft.
maximum
4,000 sq. ft.
minimum
6,000 sq. ft.
maximum
Townhome 1,000 sq. ft. minimum
7,260 sq. ft. maximum
Cottage Cluster 5,000 sq. ft. minimum
Maximum based on number of units and density
Multiple Unit Housing N/A 1,500 sq. ft. per
unit minimum
3,000 sq. ft. per
unit maximum
1,000 sq. ft. per
unit minimum
1,500 sq. ft. per
unit maximum
Commented [RM12]:
Should we limit the minimum size of the lots that a cottage cluster
can be developed on?
Staff is recommending allowing cottages to be in individual lots
within a cottage cluster development. Staff is envisioning that the
individual lots for each unit could be as small as the footprint of the
cottage. The 7,000 square feet is from the OAR’s, should be limit
the overall size of the property for a Cottage Cluster development
to a minimum of 7,000?
Attachment 2, Page 4 of 12
3.2.220 Setbacks
(A) Setback Standards. The following table summarized the minimum setback standards.
The setback standards of this section apply to all structures, except as otherwise provided
by this section.
Table 3.2.220 Setbacks R-1 R-2 R-3
Front 10 feet, except for a garage or carport
Garage or carport 18 feet from any property line or back of sidewalk,
whichever is closer
Side
5 feet 10 feet when abutting an R-1
district
5 feet when not abutting an R-1
district
Rear
5 feet 10 feet when abutting an R-1
district
5 feet when not abutting an R-1
district
Notes: Setbacks for certain housing types or uses are reduced as specified in SDC
4.7.300-4.7.400. (Ex. Zero-foot side setback for property line where townhome
units attach.)
(B) Front Setbacks
(1) R-1, R-2, and R-3 Districts. The front setback requirement is a minimum of ten feet
from the property line abutting the street used for address purposes or the back of
sidewalk, whichever is closer, or for a panhandle lot, from the property line forming
the pan portion of the lot.
(2) Garage or carport. The front of a garage or carport must be set back a minimum of
18 feet from any property line or the back of sidewalk, whichever is closer.
(3) Special setbacks. The Special Street Setbacks apply in conformance with SDC
4.2.105(M).
(D) Side Setbacks
(1) R-1 District. The side setback requirement is a minimum of five feet.
(2) R-2 and R-3 Districts
(a) The side setback requirement is a minimum of ten feet from any property line
abutting the R-1 district.
(b) The side setback requirement is a minimum of five feet from any property line
not abutting the R-1 district, or the edge of sidewalk for a corner lot or parcel,
whichever is closer.
(3) For courtyard housing, side setbacks must be in conformance with SDC 4.7.335.
Commented [RM13]: Comment from Dan Hill from Arbor
South in regard to making set back in R‐2 next to R‐1 five feet since
heights are similar. Same for rear setback. Makes sense for R‐3
next to R‐1 since R‐3 has no height limit, but from a practical
standpoint, is it needed if there is no R‐3 adjacent to R‐1???
Commented [RM14]:
Setback for garage from any property line, not just front.
Attachment 2, Page 5 of 12
(E) Rear Setbacks
(1) R-1 District. The rear setback requirement is a minimum of five feet from any
property line.
(2) R-2 and R-3 Districts
(a) The rear setback requirement is a minimum of ten feet from any property line
abutting the R-1 district.
(b) The rear setback requirement is a minimum of five feet from any property line not
abutting the R-1 district.
(F) Special Setback Requirements
(1) Alley. Where an existing alley is less than 20 feet in width, the setback requirement
is 20 feet from the property line abutting the alley, notwithstanding any other setback
requirement that is less.
(2) Townhomes. Common wall setbacks where units are attached is zero feet from the
property line abutting the next attached unit, in conformance with SDC 4.7.330.
(3) Vision Clearance Areas. All structures must comply with SDC 4.2.130, Vision
Clearance, notwithstanding any other setback requirement that.
(4) Bridges. Bridges that form a driveway or pedestrian access from the abutting street
or alley are permitted within the setbacks.
(5) Setback Encroachments. An encroachment into a setback that meets the following
standards is permitted in the R-1, R-2, and R-3 Districts. No portion of the structures
and architectural features listed in this section can encroach closer than five feet to
the front property line or edge of sidewalk, whichever is closer. No other
encroachments into a setback are permitted unless approved through a variance.
(a) Architectural Features. Eaves, chimneys including fireplace enclosures and
chimney chases, bay windows up to eight feet in width, and window wells up to
eight feet in width are allowed to encroach into the front, side, and rear
setbacks by no more than two feet, provided there is a minimum setback of
three feet from the property line.
(b) Front Porches. An unenclosed covered or uncovered porch, patio, deck, or
stoop with a maximum floor height not exceeding 18 inches is allowed to be set
back a minimum of six feet from the front property line, as long as it does not
encroach into a public utility easement.
(c) An uncovered and unenclosed porch, patio, deck, or stoop located above
finished grade with a maximum floor height not exceeding 18 inches must be
set back a minimum of 18 inches from the side and rear property lines.
Additionally, it must not encroach into a public utility easement.
Commented [RM15]:
Still allow a variance?
Attachment 2, Page 6 of 12
(d) Uncovered patios at finished grade are exempt from setbacks as long as it
does not encroach into a public utility easement.
(e) Stairs, ramps, and landings that are uncovered may be in the front setback up
to the front property line.
(6) Garage and Carport Setback
(a) The 18-foot setback requirement for the front of a garage or carport is
measured along the centerline of the driveway from the property line or back of
sidewalk, whichever is closer, to either the garage door or to the support post
at the vehicle entry of a carport closest to the property line.
(b) For a garage on a corner lot or parcel that is accessed from an alley, or a
garage where the side or rear wall of the garage faces the street, the setback
for the garage side or rear wall is a minimum of ten feet from the property line.
In this case, the garage must have at least one window in the side or rear wall
facing the street that is a minimum of six square feet. As shown in Figure 3.2-A,
a side entry garage must have a driveway with a minimum length of 18 feet
from the front and side property lines.
Figure 3.2-A Garage or Carport Setback
Commented [RM16]:
Michael comment
Michael would like to see a figure showing setback from curb return
for driveways on corner lots.
Discuss with Kristina and Michael. Where is the standard for this?
Can we apply to middle housing?
Commented [RM17]: Need to change this diagram to show 18
feet rather than 20 feet.
Attachment 2, Page 7 of 12
(G) Prohibited in Setbacks. In addition to structures, the following are prohibited within the
following setbacks:
(1) Front Setbacks. Satellite dishes greater than 18 inches in diameter, heat pumps,
and other similar above ground objects.
(2) Side and Rear Setbacks. Satellite dishes greater than 18 inches in diameter, heat
pumps, and other similar objects, unless screened for visual and noise abatement by
a solid enclosure two feet higher than the object/use being screened.
(3) All Setbacks. Balconies.
3.2.225 Impervious Surface Coverage Standards
(A) The amount of impervious surface may not exceed the standards listed in this section
3.2.225. Stormwater treatment facilities required under SDC 4.3.110 or other development
standards may result in less impervious surface area than these maximums.
(B) The following Impervious Surface standards apply to all development in Residential
Districts.
(1) On lots or parcels with more than average 15 percent slope or above 670 feet in
elevation, as determined in SDC 3.3.500, the impervious surface area must not
exceed 35 percent.
(2) On lots or parcels of less than 4,500 square feet in size, the impervious surface
area must not exceed 60 percent of the lot or parcel area.
(3) On lots or parcels of 4,500 square feet or larger in size, the impervious surface
area must not exceed 65 percent of the lot or parcel area.
3.2.230 Height
(A) The following “building height” standards, as defined in SDC 6.1.100, are intended to
facilitate allowed residential densities while promoting land use compatibility.
Table 3.2.230 Height R-1 R-2 R-3
All Lots, except where
specifically addressed below 35 feet 50 feet none
Table 3.2.225 Impervious
Surface Coverage
R-1 R-2 R-3
Lots or parcels with more than
15% slope or above 670 feet in
elevation
35% maximum
Lots or parcels of less than
4,500 square feet in size 60% maximum
Lots or parcels of 4,500 square
feet or larger in size 65% maximum
Commented [RM18]:
Standards for this??? Refer screening and fencing section of code??
Commented [RM19]:
KSK comment. Is this an average slope across the lot/parcel or any
portion of the lot that has more than 15% slope?
Commented [RM20]:
These are existing standards in 3.2.215, footnote (3). Keep? Or
modify amounts? Should lot coverage in general be switched to a
total impervious surface area standard?
Attachment 2, Page 8 of 12
(B) Incidental equipment, as defined in SDC 6.1.110 may exceed the height standard.
(C) Within the Hillside Development Overlay District, the maximum Building Height, as defined
and calculated in SDC 6.1.110, is 45 feet.
3.2.235 Density
(A) The following net density standards apply to all new development in the R-1, R-2, and R-3
districts, except as specified in subsection (B) of this section. The net density standards
shown in Table 3.2.215 are intended to ensure efficient use of buildable lands and provide
for a range of needed housing, in conformance with the Springfield Comprehensive Plan.
Where the density standard apply, the net density must be within the density range for the
respective zoning district, except that density fractions 0.5 units per net acre or greater will
be rounded up to the next whole number, and less than 0.5 unit per net acre will be
rounded down to the preceding whole number.
The density standards may be averaged over more than one development phase (i.e., as
in a subdivision or Master Planned Development).
(B) The net density requirements specified in Table 3.2.215 do not apply as follows:
(1) Residential care homes/facilities.
(2) Accessory dwelling units (ADUs).
(3) Duplexes when developed on a lot or parcel that is in a residential land use district
and allows a detached single unit dwelling.
(4) Bed and breakfast inns.
(5) Nonresidential uses, including neighborhood commercial uses, public and
institutional uses, and miscellaneous uses that do not include a dwelling unit.
(6) Buildings that are listed in the Inventory of Historic Sites within the Springfield Area
Comprehensive Plan Exhibit “A” or buildings designated on the Historic National
Landmarks Register.
(7) Manufactured home parks within the R-1 district are exempt from the maximum
density standards of the district; as long as the standards of SDC 4.7.355 are met.
(8) Residential infill, as defined in SDC 6.1.100, is exempt from minimum density
standards.
(9) Partitions on properties that are large enough to be divided into five or more lots are
exempt from minimum density standards as long as the size of the resulting parcels
and siting of dwellings allow future development on these parcels at minimum
densities.
(C) Net density is defined in SDC 6.1.100 as the number of dwelling units for each acre of land
in residential use, excluding: dedicated streets; dedicated parks; dedicated sidewalks; and
other public facilities.
(D) For the purpose of calculating residential net density:
(1) Where a property is within multiple zoning districts, the minimum and maximum
number of units is calculated based on the acreage in each residential district that is
subject to the density standard as specified above multiplied by the applicable
minimum and maximum density standards. Areas with nonresidential districts are
excluded from the density calculation.
Commented [RM21]:
Redundant with (D)(3) below.
Attachment 2, Page 9 of 12
(2) Except as provided in subsection (D)(3) of this section, the following areas are
subtracted from the gross area of the property:
(a) Area not in residential use as provided in subsection (D)(4) of this section;
(b) Area for dedicated streets;
(c) Area for dedicated sidewalks;
(d) Area for dedicated parks;
(e) Area for other public facilities.
After subtracting these areas from the gross area, then the remaining area is the net area
used to calculate the net density.
(3) The following areas are not subtracted from the gross area to calculate net density:
(a) Area within a public easement less than ten feet in width;
(b) Area within a private street;
(c) Area within a private park; and
(d) Area for other private facilities.
(4) Residential use – Any area not in residential use is subtracted from the gross area. The
term “residential use” is considered to mean “of, relating to, or connected with a residence
or residences”. Examples of residential use include the following: off street parking and
vehicle circulation areas, maintenance or storage areas, and residential leasing offices, if
these uses are related to or connected with a residence or residences.
Examples of uses that would not be considered to be in residential use include the
following: any commercial uses, accessory uses that are not related to or connected with
a residence or residences, and unbuildable areas as described below.
(a) Unbuildable. This category includes land that is undevelopable. It includes tax lots
or areas within tax lots with one or more of the following attributes:
(i) Slopes greater than 25 percent as calculated in SDC 3.3.520(A);
(ii) Within the floodway, as designated by the FP Overlay District;
(iii) In areas with severe landslide potential as shown on an adopted City of
Springfield inventory or map;
(iv) Within locally significant wetlands and locally significant riparian areas and
their setbacks as specified in SDC 4.3.117;
(v) Within the riparian area boundary of a Water Quality Limited Watercourse as
specified in SDC 4.3.115;
(vi) Within the easement area of a 230 kV or greater transmission line;
(vii) Small irregularly shaped lots1; and
(viii) Publicly-owned land as described in (5), (6), (7), and (8) below.
(5) Streets - Any street or roadway dedicated as public right of way is subtracted from the
gross area to calculate net density. The area does not take into account to what degree
the street or roadway area is improved. This does not include private streets or
1 Only lots that were counted as unbuildable in an adopted Housing Needs Analysis, can be subtracted from the
gross density as “small irregularly shaped lots”.
Commented [RM22]:
Redundant with (C) above.
Attachment 2, Page 10 of 12
driveways. The area for any private street would remain in the net area considered to be
in residential use.
(6) Sidewalks – Any sidewalk dedicated as public right of way is subtracted from the gross
area to calculate net density. A public sidewalk located in an easement is not subtracted
from the gross area. Private sidewalks (e.g. for multifamily housing developments, etc.)
are not subtracted from the gross area.
(7) Parks – Any public park area including a publicly-owned Regional Park, Community
Park, Neighborhood Park, or Linear Park is subtracted from the gross area to calculate
the net density. Any Private Park, or private open space, if not dedicated would remain in
the net area.
(8) Other public facilities – Any area for a public facility dedicated to the City of Springfield
or other public agency is subtracted from the gross area to calculate net density. This
includes storm water tracts dedicated to the City; however, it does not include private
storm water facilities.
Additionally, any area, including easement areas, for a public facility that is adopted into
the Eugene-Springfield Metropolitan Area Public Facilities and Services Plan (PFSP) is
subtracted from the gross area. Any other public utility easement (PUE) that contains
public utilities that are not adopted into the PFSP are not subtracted from the gross area
(except as provided above under unbuildable land for 230 kV transmission lines).
“Public facility projects” adopted in the PFSP include:
(a) Water: Source, reservoirs, pump stations, and primary distribution systems.
Primary distribution systems are transmission lines 12 inches or larger for
Springfield Utility Board (SUB) and 24 inches or larger for Eugene Water & Electric
Board (EWEB).
(b) Wastewater: Pump stations and wastewater lines 24 inches or larger.
(c) Stormwater: Drainage/channel improvements and/or piping systems 36 inches or
larger; stormwater detention and/or treatment facilities; outfalls; water quality
projects; and waterways and open systems.
(d) Specific projects adopted as part of the Metro Plan are described in the project lists
and their general location is identified in the planned facilities maps in Chapter II of
the Eugene-Springfield Metropolitan Public Facilities and Services Plan (Public
Facilities and Services Plan).
3.2.240 Panhandle Lot or Parcel Development Standards
(A) Special provisions for lots/parcels with panhandle driveways:
(1) Panhandle driveways are permitted where dedication of public right-of-way is not
required to meet the Street Network Standards contained in SDC 4.2.105(D) or (E)
or to comply with the density standards in the applicable zoning district. Panhandle
driveways are not permitted in lieu of a public street required to meet the Street
Network Standards contained in SDC 4.2.105(D) or (E).
Commented [RM23]:
Michael and Emma both commented and have concern. Discuss
with Michael, Kristina, Emma, and possibly Jim D.
Commented [RM24]:
Michael comment.
Would this cover accessways and other transportation facilities not
specifically labeled as sidewalk?
Commented [RM25]:
Michael comment.
Would this cover a tract.
Commented [RM26]:
Dennis Covert on the Res. TAC asked about density related to storm
water retention areas. Does this answer the question? Or address
the concern?
Commented [RM27]: Michael comment
A diagram explaining showing the general dimensional elements of
panhandle for paving and area assumptions for easement and etc.
may be helpful.
Attachment 2, Page 11 of 12
(2) The area of the pan portion does not include the area in the “panhandle” driveway.
(3) The minimum paving standards for panhandle driveways are:
(a) Twelve feet wide for a single panhandle driveway from the front property line to a
distance of 18 feet, where there is an unimproved street; and from the front
property line to the pan of the rear lot or parcel, where there is an improved
street; and
(b) Eighteen feet wide for a multiple panhandle driveway from the front property line
to the pan of the last lot or parcel. This latter standard takes precedence over the
driveway width standard for multiple unit dwelling driveways specified in Table
4.2.2.
(B) Buildable lots/parcels do not need to have frontage on a public street when access has
been guaranteed via a private street or driveway with an irrevocable joint use/access
easement as specified in SDC 4.2.120(A). In the residential districts, when a proposed
land division includes single or multiple panhandle lots/parcels and the front lot or parcel
contains an existing primary or secondary structure, an irrevocable joint use/access
easement is allowed in lieu of the panhandles when the required areas to meet both the
applicable panhandle street frontage standard and the required five foot wide side yard
setback standard for the existing structure is available. In this case, the irrevocable access
easement width standard is as follows:
(1) Fourteen feet wide for a single panhandle lot or parcel in the R-1 District; or
(2) Twenty feet wide for a single panhandle in the R-2 and R-3 District, or where multiple
panhandles are proposed in any residential district.
Attachment 2, Page 12 of 12
Section 4.7.300 – 4.7.400 - Special Standards and Regulations for Certain Uses in
Residential Districts
Subsections:
4.7.310 Duplex
4.7.315 Middle Housing
4.7.320 Triplex or Fourplex
4.7.325 Cottage Cluster Housing
4.7.330 Townhomes
4.7.335 Courtyard Housing
4.7.340 Accessory Dwelling Units (ADU’s)
4.7.345 Manufactured Dwelling Parks
4.7.350 Residential Facility
4.7.355 Bed and Breakfast
4.7.360 Accessory Structures and Uses
4.7.365 Home Business
4.7.370 Place of Worship
4.7.375 Architectural Design Standards
4.7.380 Multiple unit housing (Clear and Objective Standards)
4.7.385 Multiple unit housing (Discretionary option)
4.7.390 Multiple unit housing Variances
4.7.395 Boarding and rooming houses
4.7.400 Emergency Medical Hardship
4,7,405 Registered or Certified Family Child Care Home
4.7.310 Duplex
(A) In instances where a development can meet the definition of a duplex and also meets the
definition of a primary single unit dwelling with an Accessory Dwelling Unit (ADU), the
applicant must specify at the time of application whether the development is a duplex or a
primary single unit dwelling with an ADU. The application will be reviewed according to the
standards and criteria applicable to the applicant’s election.
(B) Additions to or conversion of an existing detached single-unit dwelling to a duplex is
allowed provided that the conversion does not increase nonconformance with applicable
clear and objective standards.
(C) A duplex in the R-2 district must be within the minimum and maximum density range for
the applicable district.
4.7.315 Middle Housing
(A) Relationship to Other Code Standards
(1) Conflicts. In the event of a conflict between middle housing code provisions in this
section and other code standards applicable to middle housing, the standards in this
section prevail.
(2) Public Works Standards. Clear and objective exceptions to public works standards
granted to detached single-unit dwellings (SD-Ds) must also be granted to duplexes.
Attachment 3, Page 1 of 61
(B) Sufficient Infrastructure. For all middle housing types (except duplexes) in the R-1, R-2,
and R-3 districts applicants must demonstrate that Sufficient Infrastructure is provided or
will be provided. The applicant must provide the information to demonstrate that Sufficient
Infrastructure will be provided with the submittal of the development application for the
proposed middle housing. The sufficient infrastructure must be provided prior to
occupancy of the proposed middle housing. Sufficient Infrastructure must meet the
established service levels as specified below.
(1) Sanitary Sewer. The subject property and any existing and proposed dwellings must
be connected to sanitary sewer. The sanitary sewer must be designed and
constructed in conformance with SDC 4.3.105, and Chapter 2 of the Engineering
Design Standards and Procedures Manual (EDSPM).
(2) Stormwater. The subject property and any existing and proposed dwellings must
have a Stormwater management system that is sufficient to detain, on the lot or
parcel of origin, any increase in on-site surface water drainage , including roof
drainage or other impervious surface drainage, to not increase flows from the lot or
parcel above the flow levels that existed from the lot or parcel prior to the
development of new middle housing
(3) Water. The subject property as well as any existing and proposed dwellings must be
connected to a public water system. The public water system must be capable of
meeting established service levels as determined by the Springfield Utility Board
(SUB). Documentation must be submitted from SUB with the development
application demonstrating that the water system meets the established service levels
or what improvements must be completed by the applicant prior to occupancy of the
proposed middle housing to ensure established service levels are met.
(4) Streets. The subject property must have access via public or private streets that
meet the fire apparatus access road standards as required by and in compliance with
the Oregon Fire Code.
(C) Master Planned Areas. Middle housing may be regulated or limited within development
areas that are subject to an adopted Master Plan, as follows:
(1) If a Master Plan has been adopted by the city after January 1, 2021, all middle
housing types must be allowed as provided in this code.
(a) The City must plan to provide urban water, sanitary sewer, stormwater, and
transportation systems that accommodate at least 15 dwelling units per net
acre.
(b) If proposed middle housing development exceeds the planned public service
capacity of a master plan, the City may require the applicant to demonstrate,
through amended public plan or similar mechanism, the sufficient provision of
public services needed to serve the proposed development.
(c) The city may require a mix of two or more middle housing types within a master
plan or portions of a master plan.
Commented [RM1]: Are these all clear and objective standards
that can be approved through a type 1 process? Sufficient
infrastructure? What is the established service level?
Can we reference the EDSPM? Ask Kristina.
Commented [RM2]: Michael comment
Assuming private streets include access easements? Do we need to
better match similar language in the driveway section of the code?
SDC 4.2‐120 A
Attachment 3, Page 2 of 61
(d) The city may designate areas within the master plan exclusively for other types
of housing, such as multiple unit housing residential structures or manufactured
dwelling parks.
(2) If a master plan has been adopted by the city before January 1, 2021, it may limit the
development of middle housing other than duplexes provided that the Master Plan
authorizes in the entire master plan area a net residential density of at least eight
dwelling units per net acre and allows all dwelling units, at minimum, to be detached
single-unit dwellings or duplexes. This restriction applies to portions of the area not
developed as of January 1, 2021.
(D) Examples of Duplex, Triplex, and Fourplex configurations. The following figures
illustrate examples of possible configurations for duplexes, triplexes, and fourplexes. Other
configurations are also possible and acceptable, provided the development meets the
definitions and development standards for middle housing.
Stacked duplex
Side-by-side duplex
Duplex attached by breezeway
Detached duplex units side-by-side
Attachment 3, Page 3 of 61
Duplex attached by garage wall
Attached triplex front and back
Stacked fourplex
Detached duplex units front and back
Attached triplex side-by-side
Detached fourplex
4.7.320 Triplex and Fourplex
New triplexes and fourplexes, including those created by adding building square footage on a
site occupied by an existing dwelling, must comply with the standards listed below. These
standards do not apply to creation of a triplex or fourplex through conversion of a detached
single-unit dwelling. Commented [RM3]: OAR 660‐046‐0225(2)
Attachment 3, Page 4 of 61
(A) Entry Orientation. At least one main entrance for each triplex or fourplex structure must
meet the standards in subsections (1) and (2) below. Any detached structure for which
more than 50 percent of its street-facing façade is separated from the street property line
by a dwelling is exempt from meeting these standards.
(1) The main entrance must be within eight feet of the longest street-facing wall of the
dwelling unit; and
(2) The main entrance must either:
(a) Face the street. See Figure 4.7-A;
(b) Be at an angle of up to 45 degrees from the street. See Figure 4.7-B;
(c) Face a common open space that is adjacent to the street and is abutted by
dwellings on at least two sides. See Figure 4.7-C; or
(d) Open onto a porch (see Figure 4.7-D). The porch must:
(i) Be at least 25 square feet in area; and
(ii) Have at least one entrance facing the street or have a roof.
Figure 4.7-A. Main Entrance Facing the Street
Attachment 3, Page 5 of 61
Figure 4.7-B. Main Entrance at 45 Degree Angle from the Street
Figure 4.7-C. Main Entrance Facing Common Open Space
Attachment 3, Page 6 of 61
Figure 4.7-D. Main Entrance Opening onto a Porch
(B) Window and Door Coverage. A minimum of 15 percent of the area of all street-facing
elevations must include windows or entrance door. Elevations separated from the street
property line by a dwelling are exempt from meeting this standard. See Figure 4.7-E.
Figure 4.7-E. Window and Door Coverage
Attachment 3, Page 7 of 61
(C) Garages and Off-Street Parking Areas. Garages and off-street parking areas must not
be located between a building and a public street (other than an alley), except in
compliance with the standards in subsection (1) and (2) of this subsection.
(1) The garage of off-street parking area is separated from the street property line by a
dwelling; or
(2) The combined width of all garages and outdoor on-site parking and maneuvering
areas does not exceed a total of 50 percent of the street frontage. See Figure 4.7-F.
Figure 4.7-F. Width of Garages and Off-Street Parking Areas
Attachment 3, Page 8 of 61
(D) Driveway Approach. Driveway approaches must comply with the following standards.
(1) The total width of all driveway approaches must not exceed 32 feet per frontage, as
measured at the property line. See Figure 4.7-G. For lots or parcels with more than
one frontage, see (3) below of this subsection.
(2) Driveway approaches may be separated when located on a local street. See Figure
4.7-G. If approaches are separated, they must meet the driveway spacing standards
of SDC 4.2.120.
Figure 4.7-G. Driveway Approach Width and Separation on Local Street
Commented [RM4]: Comment from Michael L.
Let talk about how we go to this access density standard. I think
the figure that is implied would help.
Commented [RM5]: Ask Michael L. about this.
His comment.
Requiring combined driveways on collectors and arterials to
minimize conflicts is loosely covered in the code, but we also have
issues with these developments getting street trees, streetlights,
and other frontage amenities without combining driveways.
Commented [RM6R5]: My read is that we can’t require street
trees etc. for middle housing types. The emphasis on equity and
providing housing for all is overriding livability when it comes things
that are nice to have such as street trees, as mandated by the state.
Attachment 3, Page 9 of 61
(3) In addition, lots or parcels with more than one frontage must comply with the
following:
(a) Lots or parcels must access the street with the lowest transportation
classification for vehicle traffic.
(b) For lots or parcels abutting an improved alley as specified in SDC 4.2.105,
access must be taken from the alley. See Figure 4.7-H.
(c) Lots or parcels with frontage only on collector and/or arterial streets must meet
the Site Access and Driveway Standards in SDC 4.2.120 applicable to
collectors and/or arterials.
(d) Triplexes and fourplexes on lots or parcels with frontages only on local streets
may have either:
(i) Two driveway approaches not exceeding 32 feet in total width on one
frontage; or
(ii) One maximum 16-foot wide driveway approach per frontage. See Figure
4.7-I.
Figure 4.7-H. Alley Access
Commented [RM7]: Michael L comment
Let’s chat about issues with our existing alley width standard as it
relates to parking dimensions.
Commented [RM8]: Are there other standards that should be
sited here also?
Commented [RM9]: Cite the code section for this.
Commented [RM10]: Comment from Michael.
Code Section 4.2‐120 calls out minimizing conflicts when having to
take access from arterials or collectors, but we do not have specific
access density standards for arterials and collectors.
Commented [RM11]: Comment from Michael
Our current for Duplex is 24 with and Ove width application you can
go up to 30. Figure below essentially shows a duplex.
Attachment 3, Page 10 of 61
Figure 4.7-I. Driveway Approach Options for Multiple Local Street Frontages
Attachment 3, Page 11 of 61
(E) Conversions to Triplex and Fourplex. Internal conversion of an existing detached single
unit structure or duplex to a triplex or fourplex is allowed provided that the conversion does
not increase nonconformance with applicable clear and objective standards, unless
increasing nonconformance is otherwise permitted by the development code.
4.7.325 Cottage Cluster Housing
(A) Purpose and Title
Cottage Cluster Housing is a type of flexible site development or subdivision that allows
four or more small-scale dwelling units, either attached or detached, grouped together
around shared open space.
The Cottage Cluster provisions allow the use as an outright permitted use through a Type
1 ministerial process in all the residential land use districts if the development meets the
following standards in (B) below. However, if the cottage cluster proposes a land division,
the land division must also go through the land division process as specified in SDC
5.12.100.
(B) Density
(1) Minimum density of at least four units per net acre must be met.
(2) There is not maximum density for a cottage cluster housing project.
(C) Number of Dwelling Units
(1) A Cottage Cluster development must include a minimum of four dwelling units.
(D) Lot Size and Dimensions
(1) The minimum lot or parcel size for a cottage cluster housing development is 5,000
square feet for the entire project site.
(2) The minimum lot or parcel size for individual cottages in a cottage cluster housing
project, when a land division divides the cottages onto their own lots or parcels, may
be as small as the footprint of the cottage.
(3) There are no minimum dimensions for individual cottage lots or parcels.
(E) Dwelling Unit Size
(1) The maximum building footprint size for each dwelling unit is 900 square feet. For
each dwelling unit, 200 square feet for an attached garage or carport is exempt from
the 900 square foot maximum.
(2) Detached garages, carports, or other accessory structures are exempt from the 900
square foot maximum footprint.
Commented [RM12]: Could require up to 7,000 square feet.
Attachment 3, Page 12 of 61
(F) Accessory Structures. Accessory structures must not exceed 400 square feet in floor
area.
(G) Setbacks. The following perimeter setbacks apply to the perimeter of a Cottage Cluster
Project site.
(1) Front setbacks: Ten feet.
(2) Side setbacks: Five feet.
(3) Rear setbacks: Five feet.
(H) Building Separation. The minimum distance between structures must be in accordance
with the building code requirements.
(I) Building Height. The maximum height of structures in a Cottage Cluster Project is 35
feet.
(J) Orientation. Cottages must be clustered around a common courtyard, meaning they abut
the associated common courtyard or are directly connected to it by a pedestrian path, and
must meet the following standards. See Figure 4.7-J.
(1) Each cottage within a cluster must either abut the common courtyard or must be
directly connected to it by a pedestrian path.
(2) A minimum of 50 percent of cottages within a cluster must be oriented to the
common courtyard by meeting the following:
(a) Have a main entrance facing the common courtyard;
(b) Be within ten feet from the common courtyard, measured from the façade of
the cottage to the nearest edge of the common courtyard; and
(c) Be connected to the common courtyard by a pedestrian path.
(3) Cottages within 20 feet of a street property line may have their entrances facing the
street.
(4) 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.
(K) Common Courtyard Design Standards. Each cottage cluster must share a common
courtyard to provide a sense of openness and community of residents. Common
courtyards must meet the following standards. See Figure 4.7-J.
(1) The common courtyard must be a single, contiguous piece.
(2) Cottages must abut the common courtyard on at least two sides of the courtyard.
Commented [RM13]: Could be a max of 10 feet.
Commented [RM14]: Needed? Regulated by building code.
Not checked through planning?
Commented [RM15]: Could be lower. Rules are silent on this.
We have to allow at least 25 feet or two story (from model code).
Attachment 3, Page 13 of 61
(3) The common courtyard must contain a minimum of 150 square feet per cottage
within the associated cluster.
(4) The common courtyard must be a minimum of 15 feet wide at its narrowest
dimension.
(5) The common courtyard must 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 must not exceed 75
percent of the total common courtyard area.
(6) Pedestrian paths must be included in a common courtyard. Paths that are
contiguous to a courtyard count toward the courtyard’s minimum dimension and
area. Parking areas, and driveways do not qualify as part of a common courtyard.
(L) 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 cares, or community eating areas. If
community buildings are provided, they must meet the following standards.
(1) Each cottage cluster is permitted one community building.
(2) A community building that meets the development code’s definition of a dwelling unit
must meet the maximum 900 square foot footprint limitation that applies to cottages,
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 dwelling.
Attachment 3, Page 14 of 61
Figure 4.7-J. Cottage Cluster Orientation and Common Courtyard Standards
Attachment 3, Page 15 of 61
(M) Pedestrian Access
(1) An ADA accessible pedestrian path must be provided that connects the main
entrance of each cottage to the following:
(a) The common courtyard;
(b) Shared parking areas;
(c) Community buildings; and
(d) Sidewalks in public rights-of-way abutting the site or rights-of-way if there are
not sidewalks.
(2) The pedestrian path must be hard-surfaced and a minimum of four feet wide.
(N) Windows. Cottages within 20 feet of a street property line must meet any window
coverage requirement that applies to detached single-unit dwellings in the same
residential land use district.
(O) Parking
(1) The minimum number of required off-street parking spaces for a cottage cluster
project is one space per dwelling unit.
(2) Off street parking spaces may be provided in a garage or carport.
(3) Off street parking space credits are allowed in conformance with the standards of
SDC 4.6.110.
(P) Parking Design. See Figure 4.7-K.
(1) Clustered parking. Off-street parking may be arranged in clusters, subject to the
following standards.
(a) A cottage cluster project with fewer than 16 cottages is permitted to have
parking clusters of not more than five contiguous spaces in each parking
cluster.
(b) A cottage cluster projects with 16 cottages or more is permitted to have parking
clusters of not more than eight contiguous spaces in each parking cluster.
(c) Parking clusters must be separated from other spaces and other parking
clusters by at least four feet of landscaping.
(d) Clustered parking areas may be covered.
(2) Parking location and access.
(a) Off-street parking spaces and vehicle maneuvering areas must not be located:
Commented [RM16]: Question from Emma.
ADA accessible?
Commented [RM17]: ADA?
Commented [RM18]: Emma asked about editing this language.
To what? We can be more permissive but not more restrictive. We
can reword if the requirement stays the same.
Commented [RM19]:
Clayton comment
This can cause some difficulties with stormwater treatment since a
bunch of widely dispersed parking areas are much more expensive
to treat than a single larger area‐and more expensive to build also.
It can result in a much larger paved area as the driveways between
these dispersed parking areas also take up a lot of space.
Attachment 3, Page 16 of 61
(i) Within five feet from any street property line, except alley property lines;
or
(ii) 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.
(b) Off-street parking spaces must not be located within five feet of any other
property line, except alley property lines. Driveways and drive aisles are
permitted within ten feet of other property lines.
(3) Screening. Landscaping, fencing, or walls at least three feet tall must separate
clustered parking areas and parking structures from common courtyards and public
streets.
(4) Garages and carports
(a) Garages and carports (whether shared or individual) must not abut common
courtyards.
(b) Individual attached garages up to 200 square feet in size are exempt from the
calculation of maximum building footprint for cottages.
(c) Individual detached garages must not exceed 400 square feet in floor area.
(d) Garage doors for attached and detached individual garages must not exceed
20 feet in width.
(Q) Existing Structures. On a lot or parcel to be used for a cottage cluster project, an existing
detached single unit dwelling on the same lot or parcel at the time of proposed
development of the cottage cluster may remain within the cottage cluster project area
under the following conditions:
(1) The existing dwelling may be nonconforming with respect to the requirements of this
code.
(2) The existing dwelling may be expanded up to the maximum height in (I) above or the
maximum building footprint in (E) above; however, existing dwellings that exceed the
maximum height and/or footprint of this code cannot be expanded.
(3) The floor area of the existing dwelling does not count towards the maximum average
floor area of a cottage cluster.
(4) The existing dwelling is excluded from the calculation of orientation toward the
common courtyard.
Commented [RM20]:
This seems excessive. Parking in a driveway should be allowed
similar to a SFD??? We could reduce this dimension.
Comment from Michael
Is this driveway throat depth. Should it match our Table 4.2‐2
language and dimension?
Commented [RM21]:
Comment from Michael
Are we okay on corners having parking between the street and a
Side Façade? Looks like we account for that with the screening
requirement below?
Attachment 3, Page 17 of 61
Figure 4.7-K. Cottage Cluster Parking Design Standards
(R) Accessory Structures. Accessory Structures must not exceed 400 square feet in floor
area.
(S) Home Types
(1) Detached or attached dwelling unit types containing one to four dwelling units are
allowed.
Commented [RM22]: This is optional. Could limit size of
detached garage.
Attachment 3, Page 18 of 61
(2) Accessory dwelling units (ADUs) (either within, attached, or detached) are allowed
for any detached or attached dwelling in a cluster housing development.
4.7.330 Townhomes
(A) New townhome units must comply with the requirements in subsections (A)(1) through (4)
of this section.
For purpose of this section, a “Townhome” means (as defined in SDC 6.1.100) a dwelling
unit that is part of a row of two or more attached dwelling units, where each unit is located
on an individual Lot or Parcel and shares at least one common wall with an adjacent
dwelling unit. Single unit attached homes may have detached garages or ADUs that share
a common wall between the two lots or parcels.
(1) Areas Owned in Common. Common areas must be maintained by a
homeowner’s association or other legal entity. A homeowner’s association may
also be responsible for exterior building maintenance. A copy of any applicable
covenants, restrictions, and conditions must be recorded and provided to the
jurisdiction prior to issuance of building permits.
(2) Entry Orientation. The main entrance of each townhouse must:
(a) Be within eight feet of the longest street-facing wall of the dwelling unit, if
the lot has public street frontage; and
(b) Either:
(i) Face the street. See Figure 4.7-A;
(ii) Be at an angle of up to 45 degrees from the street. See Figure 4.7-
B;
(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 4.7-C. The porch must:
(aa) Be at least 25 square feet in area; and
(bb) Have at least one entrance facing the street or have a roof.
(3) Unit Definition. Each townhouse must include at least one of the following on
at least one street-facing façade. See Figure 4.7-L:
(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
Attachment 3, Page 19 of 61
(d) An offset of the façade that is 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 (1)(b)(iv) of this section (C).
Balconies and bay windows may encroach into a required setback area.
(4) Windows. A minimum of 15 percent of the area of all street-facing elevations
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 4.7-E.
Figure 4.7-L. Townhouse Unit Definition
Attachment 3, Page 20 of 61
(5) Driveway Access and Parking. Townhouses with frontage on a public street
must meet the following standards:
(a) Garage 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 4.7-M.
(i) Each townhouse lot has a street frontage of at least 15 feet on a
local street.
(ii) A maximum of one driveway approach is allowed for each
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 must not exceed 12 feet, as measured from the
inside of the garage door frame.
Figure 4.7-M. Townhouses with Parking in Front Yard
Commented [RM23]:
Michaels comment
Need to show on a corner for driveway setback from curb return.
Attachment 3, Page 21 of 61
(b) The following standards apply to driveways and parking areas for
townhouse projects that do not meet all the standards in subsection (a) in
this section.
(i) Off-street parking areas must be accessed on the back façade or
located in the rear yard. No off-street parking is allowed in the front
yard or side yard of a townhouse.
(ii) A townhouse project that includes a corner lot must take access
from a single driveway approach on the side of the corner lot. See
Figure 4.7-N.
Figure 4.7-N. Townhouses on Corner Lot with Shared Access
Attachment 3, Page 22 of 61
(iii) Townhouse projects that do not include a corner lot must
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 4.7-
O.
Figure 4.7-O. Townhouses with Consolidated Access
(iv) A townhouse project that includes consolidated access or shared
driveways must grant access easements to allow normal vehicular
access and emergency access.
(c) Townhouse projects in which all units take exclusive access from a rear
alley are exempt from compliance with subsection (b) of this section.
Attachment 3, Page 23 of 61
4.7.335 Courtyard Housing
(A) Detached courtyard houses on individual lots are subject to the same standards as single
unit detached housing, except that a three foot minimum side yard setback is allowed on
one side of a typical lot and a seven foot setback is required on the other side of the lot. As
shown in Figure 4.7-P, this type of housing is permitted to allow development on narrow
lots and still provide usable outdoor living area in side-oriented courtyards. The following
standards are intended to promote compatibility and privacy between adjacent buildings
and allow for building maintenance.
(1) Setbacks Adjacent to Non-Courtyard Housing Development. When a courtyard
house shares a side property line with a non-courtyard development (including
vacant lots), the courtyard building must be set back from the common property line
by a minimum of seven feet.
(2) Construction and Maintenance Easement. Prior to building permit approval, the
applicant must submit a copy of a recorded easement for every courtyard house that
guarantees rights for the purpose of construction and maintenance of structures and
yards. The easement must stipulate that no fence or other obstruction can be placed
in a manner that would prevent maintenance of structures on the subject lot.
(3) Buffering. The building placement and design of windows must provide a buffer for
the occupants of abutting courtyard lots. This standard is met by:
(a) Placing ground-floor windows along the courtyard side of the house where
views are directed into the yard(s) for the subject house;
(b) By directing views away from neighboring lots yards (e.g., bay window); or
(c) By using frosted glass or other permanent window covering that obscures any
view to the exterior but allows light into the interior.
These standards do not apply to adjoining non-zero lot line lots.
Attachment 3, Page 24 of 61
Figure 4.7-P – Courtyard Housing
4.7.340 Accessory Dwelling Unit (ADU)
(A) Purpose. An accessory dwelling unit is intended to:
(a) Provide the opportunity to add accessible and affordable units to existing
neighborhoods and new residential areas;
Attachment 3, Page 25 of 61
(b) Provide flexibility to accommodate changes in household size or composition over
the course of time, allowing for intergenerational living and on-site caretakers or
assistants;
(c) Make efficient use of residential land; and
(d) Fit into the neighborhood while maintaining stability, property values.
(B) An accessory dwelling unit may be established by:
(1) Converting an attic, basement, or garage or any other portion of the primary dwelling;
(2) Adding floor area to the primary dwelling, including a second story;
(3) Constructing a detached accessory dwelling unit on a lot or parcel with a primary
single unit dwelling; or
(4) Converting an existing dwelling unit to the accessory dwelling unit (if it is less than
800 square feet) and building a primary dwelling unit.
(C) Applicability
(1) Accessory dwelling units are permitted on R-1 properties with a primary dwelling.
(a) In instances where a development can meet the definition of a duplex and also
meets the definition of a primary single unit dwelling with an Accessory
Dwelling Unit (ADU), the applicant must specify at the time of application
whether the development is a duplex or a primary single unit dwelling with an
ADU.
(2) Accessory dwelling units are permitted on R-2 properties with a primary dwelling,
according to the following standards.
(a) On a lot or parcel with area 6,650 square feet or less, one or two accessory
dwelling units are permitted.
(b) On a lot or parcel with area greater than 6,650 square feet but not greater than
10,000 square feet, a minimum of two accessory dwelling units must be
constructed..
(c) An accessory dwelling unit is not permitted on a lot or parcel with area greater
than 10,000 square feet.
(d) If two accessory dwellings are constructed, at least one must be detached from
the primary dwelling.
(3) Accessory dwelling units are permitted on R-3 properties with a primary dwelling,
according to the following standards.
(a) On a lot or parcel with area 3,200 square feet or less, one or two accessory
dwelling units are permitted.
Attachment 3, Page 26 of 61
(b) On a lot or parcel with area greater than 3,200 square feet but not greater than
4,800 square feet, a minimum of two accessory dwelling units are permitted.
(c) An accessory dwelling unit is not permitted on a lot or parcel with area greater
than 4,800 square feet.
(d) If two accessory dwellings units are constructed, at least one must be detached
from the primary dwelling.
(4) Accessory dwelling units are permitted within the Historic Overlay District subject to
the provisions of SDC 3.3.910 through SDC 3.3.945.
(D) Review
(1) An accessory dwelling unit is reviewed under Type 1 procedure except in the Historic
Overlay District or except as provided in SDC 4.7.340(F) and SDC 4.7.340(H)(3)
when the accessory dwelling unit is reviewed under a Type 2 procedure.
(E) Submittal Requirements
(1) A plan drawn to scale and dimensioned showing:
(a) The proposed accessory dwelling unit and its relation to the property lines;
(b) The primary dwelling and other structures on the lot or parcel including fences
and walls;
(c) Existing and proposed trees and landscaping;
(d) Lot or parcel area and dimensions, percent of lot or parcel coverage, building
height, entrance locations; location of utilities and meters, curb cuts, sidewalks
(public and private) and off-street parking area;
(e) Stormwater destination and/or facility;
(f) A detailed floor plan of the accessory dwelling unit, drawn to scale with labels
on rooms indicating uses or proposed uses; and
(g) A separate written response demonstrating how the required development
standards listed in SDC 4.7-340(G) can be met.
(F) Development Standards. An accessory dwelling unit must meet the following standards:
(1) The accessory dwelling unit must meet all applicable standards in this Code
including, but not limited to; setbacks, height, lot or parcel coverage, and building
codes in effect at the time of construction.
(2) The accessory dwelling unit must contain a kitchen, bathroom, living, and sleeping
area that are completely independent from the primary dwelling.
Commented [RM24]: See same comment above. Must be
provided/constructed????
Attachment 3, Page 27 of 61
(3) The accessory dwelling unit must not exceed 800 square feet or the square footage
of the primary dwelling (exclusive of the garage for the primary dwelling), whichever
is less.
(4) The accessory dwelling unit must have an outside entrance that is separate from the
entrance to the primary dwelling.
(5) A hard surface walkway, a minimum of three feet wide, must be provided from the
primary entrance of the accessory dwelling unit to the street or walkway serving the
primary dwelling.
(6) Each dwelling unit must have its own address.
(7) Outdoor storage and garbage areas must be screened from view from adjacent
properties and those across the street or alley with a minimum 42-inch tall 100-
percent sight obscuring fence or enclosure on at least three (3) sides.
(8) If a Type 2 manufactured home or a towable structure (that is permitted, inspected
and approved by the local authority having jurisdiction) is brought to the site as an
accessory dwelling unit, it must have its tongue and towing apparatus removed
(G) Design Standards. An accessory dwelling unit within or attached to the main dwelling
must either match the primary dwelling or meet the alternative standards. A newly
constructed detached accessory dwelling unit must match the primary dwelling, meet clear
and objective standards, or meet the alternative standards. Conversion of a structure
permitted under SDC 4.7.105(A) to an accessory dwelling unit is not required to meet the
design standards and may be approved under a Type 1 procedure; however, exterior
alterations such as those necessary to meet building codes must meet relevant design
standards below (match primary dwelling or meet clear and objective standards).
(1) Match Primary Dwelling. An accessory dwelling unit may be approved under Type
1 procedure if it meets the following design standards except that these standards
may be altered when necessary to meet current fire or building codes:
(a) Exterior finish materials must be the same as or visually match those of the
primary dwelling in terms of type, size, and placement.
(b) Roof pitch must be the same as the predominant roof pitch of the primary
dwelling.
(c) The trim around the doors and windows must be the same type and finish as
the primary dwelling.
(d) Windows must match those of the primary dwelling in terms of proportion
(height and width ratio) and orientation (vertical vs. horizontal).
(e) Eaves must project from the accessory dwelling unit addition the same
distance as the eaves on the primary dwelling.
(2) Meet Clear and Objective Standards. A detached accessory dwelling unit may be
approved under Type 1 procedure if it meets the following design standards:
Commented [RM25]:
This is an existing standard for ADU’s in 5.5.125(D).
What if there was one main shared entrance into a “lobby” and
then two internal entrances, one to each unit. Why prohibit that
flexibility.
Attachment 3, Page 28 of 61
(a) Only non-reflective siding and roofing materials are allowed.
(b) Minimum roof pitch is 3 in 12.
(c) Eaves must project from the accessory dwelling unit at least one foot on all
elevations.
(d) The primary entry must have a covered or roofed entrance with a minimum
depth and width of three feet.
(3) Meet Alternative Standards. An accessory dwelling may be approved under Type 2
procedure if it meets the following design standards:
(a) Siding, roofing materials, and windows must be similar to those used on
residential dwellings in the surrounding neighborhood.
(b) Entrances, windows, and balconies must be designed and located with
consideration of the privacy of residential neighbors.
(H) Non-Conforming Lot or Parcel Sizes
(1) Accessory dwelling units are not permitted on lots/parcels that do not meet the
applicable minimum lot or parcel size stated in SDC 3.2.215.
(I) Prohibited Use
(1) Mobile homes, recreational vehicles, motor vehicles, and travel trailers cannot be
used as an accessory dwelling unit. Type 2 Manufactured Homes and towable
structures that are permitted, inspected, and approved by the local authority having
jurisdiction are allowed.
Attachment 3, Page 29 of 61
4.7.345 Manufactured Dwelling Park
A manufactured dwelling park is subject to site plan review, and the following criteria:
(A) Minimum Area Required. A manufactured dwelling park must consist of a minimum area
of one acre.
(B) Space Size. The average area of a manufactured dwelling site must not be less than
4,000 square feet excluding roadway, recreation areas, and other accessory facilities. No
manufactured dwelling site can be less than 2,000 square feet in area.
(C) Access. A manufactured dwelling park access must be located on public streets improved
to meet minimum standards and which are improved to a point intersecting a collector or
arterial street.
(D) Permitted Uses. A manufactured dwelling park may contain manufactured homes and
accessory structures permitted in this chapter, community laundry and recreation facilities,
and other common buildings for use by park residents only, and one residence other than
a manufactured dwelling for the use of a caretaker or a manager responsible for
maintaining or operating the property.
(E) Access Improvement Standards
(1) Park Streets. The minimum paved surface width of the roadway within an access
way must be 24 feet if there is no parking allowed and 30 feet if parking is allowed on
both sides. The first 50 feet of the access way measured from the public street must
be surfaced to a minimum width of 30 feet and must be connected to the existing
public street according to plans approved by the City.
(2) Improvement Standards. The improvement of driveways, walkways, streets,
drainage, and other utilities must conform to adopted State standards for such or
must conform to the City’s Standards and Specifications manual, whichever is more
restrictive.
4.7.350 Residential Facility
A Residential Facility must comply with the following standards.
(A) Licensing. All residential care homes and facilities must be licensed by the State of
Oregon.
(B) Site Plan Review. Site Plan Review is required for new structures to be used as a
residential facility, to ensure compliance with the licensing, parking, and other
requirements of this code. A Residential Training Home is exempt from this requirement.
4.7.355 Bed and Breakfast
A bed and breakfast use is permitted in all Residential Districts within a structure used as a
residence and must comply with the following standards.
Commented [RM26]: Must be clear and objective
Commented [RM27]: Delete?
Commented [RM28]: See ORS 197.314(5)
Commented [RM29]: Not sure state law (ORS 197.314) allows
us to regulate space size.
Commented [RM30]: lot
Commented [RM31]: Should this number be changed? Seems
high. Lower to 3000 (or less) to match R‐1 lot size reduction.
Commented [RM32]: Review against TSP changes and street
standards.
Commented [RM33]: Comment from Melissa
What about parking on one side?
Commented [RM34]: Michael comment.
We allow 20 foot curb to curb streets and when we add parking it is
8 feet for each side. Fire code needs to be checked on this one!
Commented [RM35]: Michael comment
Should be paved throughout for emergency access and a host of
other reasons.
Commented [RM36]: Cant ref. this. These standards need
revised.
Commented [RM37]: Will this push us to requiring our urban
curb gutter and sidewalk standard?
Commented [RM38]: Defined and regulated by ORS 443.400‐
.455
Attachment 3, Page 30 of 61
(A) Maximum Size. The bed and breakfast use is limited to a maximum of four bedrooms for
guests and a maximum of eight guests per night.
(B) Employees. The bed and breakfast use may have up to one full time equivalent
nonresident employee for the facility.
(C) Food Service. Food services may be provided only to overnight guests of the bed and
breakfast use.
(D) Owner- or Operator-Occupied. The bed and breakfast inn must be owner- or operator-
occupied and must maintain the exterior physical characteristics of a single unit dwelling.
(E) Location. There must be at least 400 feet of separation along the same street between
bed and breakfast uses.
(F) Signs. Signs must meet the standards of City of Springfield Municipal Code 8.200, Signs.
(G) Monitoring. All bed and breakfast uses must register with the City of Springfield for
Transient Room Tax and must maintain a guest logbook. It must include the names and
home addresses of guests, guests’ license plate numbers if traveling by car, dates of stay
and the room number of each guest. The log must be available for inspection by City staff
upon request.
4.7.360 Accessory Uses and Structures
Accessory uses and structures are those of a nature customarily incidental and subordinate to
the primary use or structure on the same lot. Typical accessory structures include detached
garages, sheds, workshops, greenhouses, and similar structures. This section does not apply to
accessory dwelling units (ADUs). For standards applicable to ADUs, see SDC 4.7.340.
Accessory structures must comply with all the following standards and the applicable land use
district. Where conflicting or more permissive standards exist in this section, these standards
prevail.
(A) Primary Use Required. An accessory structure or use is only allowed on a lot or parcel
after the primary use is established. The accessory use must be a permitted use in the
land use district.
(B) Restrictions
(1) A kitchen is not allowed.
(2) A wet bar is not allowed to be installed within an accessory structure unless the
property owner signs a City of Springfield compliance form stating that the structure
will not be used as a dwelling unit.
(C) Floor Area. The maximum floor area of an accessory structure in a residential land use
district must not exceed 1,500 square feet.
(D) Building Height. The building height of a detached accessory structure must not exceed
25 feet. In order to consider the accessory structure to be attached to the primary dwelling
Commented [RM39]: Michaels comment
Maybe this is how we account for parking? If not should be have a
siting requirement for parking?
Commented [RM40]: Define?
Commented [RM41]: Define?
Attachment 3, Page 31 of 61
unit, it must be attached by one of the following options and there must be an opening that
allows for internal access through livable space to the primary portion of the dwelling unit:
(1) The accessory structure must share a common wall for at least 25 percent of the
length of the common wall of the primary dwelling unit; or
(2) The entire length of one elevation of the accessory structure must be attached to the
primary dwelling unit.
The shared or attached wall must be the wall of an enclosed interior space, and does not
include porches, patios, decks, or stoops.
4.7.365 Home Business
A home business is a lawful activity carried on within a dwelling or accessory structure by a
permanent occupant of the dwelling. A home business is permitted provided that meets all the
following standards.
(A) The primary use of the building is a dwelling.
(B) The business is a secondary use that does not significantly affect the residential character
of the dwelling or neighborhood.
(C) Compliance with the following standards must always be maintained.
(1) There must not be any display which would indicate from the exterior that the
building is being used for any purpose other than a residential dwelling.
(2) There must not be any outside storage of materials visible from public property or
adjacent private property.
(3) Mechanical equipment, unless compatible with residential purposes, is prohibited.
(4) There must not be any offensive noise, vibration, smoke, dust, odors, heat, or glare
noticeable at or beyond the property line resulting from the home business.
(5) The home business must not create hazardous traffic conditions or utilize on-street
parking of nearby properties.
(6) If the proposed home business requires any modification to the dwelling or
accessory structure of a nature that is not typically found in a residential district, the
proposed home business is considered inappropriate and prohibited.
(7) No merchandise, other than what is produced on-site, can be sold to the public from
premises.
(8) The use or storage of heavy equipment or heavy vehicles is not permitted. Heavy
equipment and heavy vehicles includes but is not limited to semi-truck, truck and
trailer, backhoe, tracked excavator, skid steer, refrigerator truck, livestock truck,
commercial bus, farm tractor, garbage truck, tow truck, and log truck.
Commented [RM42]: Check muni code? Can we ref. muni
code for noise standard?
Attachment 3, Page 32 of 61
(9) Any home business, which requires more than one vehicle for its operation is
prohibited. The one vehicle permitted is limited to a passenger vehicle, passenger
van, or light-duty pick-up truck.
(10) No residence is allowed to be used as a headquarters or dispatch center where
employees or subcontractors report to the residence to be dispatched elsewhere.
(11) Customers are not allowed to physically access a home business beyond the hours
of 7 a.m. to 6 p.m.
(12) The applicant must sign an agreement with the City acknowledging any applicable
standards listed in Subsections (1) through (11), above.
(D) The following uses are prohibited as a home business.
(1) Automobile repair, including, but not limited to tune-ups, alignments, body-fender
work, painting, detailing, and upholstering.
(2) Health salons, gyms, dance studios, aerobic exercise studios, karate, and judo
instruction.
(3) Medical or dental offices.
(4) Mortician, hearse services.
(5) Tow truck services.
(6) Veterinary uses (including care, grooming, and boarding).
(7) Wholesale distribution taking up more than the equivalent of 40 percent of the
primary residence.
(8) Gun dealers involving the storage of guns for sale or customers visiting the
residence.
(E) Any home business:
(1) Which has been approved by the Planning Commission is subject to revocation by
the Planning Commission if the home business is found to be in violation of the
approval standards. The revocation will be sent to the applicant in writing. The home
business must cease within 30 days of the receipt of the revocation notice. The
revocation decision may be appealed to the City Council as specified in SDC
5.3.100.
Commented [RM43]: Emma comment
Does this negatively impact carpooling capabilities? Currently my
neighbor meets up in the morning and one of their employees
leaves his car in on‐street parking during the work day.
Commented [RM44]: Emma Comment
Physical access? I assume virtual/online computer customer access
is OK 24/7? Maybe need to update for telecommuting?
Commented [RM45]: Check hours comparted to Washburn
overlay?? 8 to 6. Comment from TAC 4/8/21.
Commented [RM46]: Discussed with Emp TAC on 4/8/21.
Generally keep this list.
Commented [RM47]: One on one verses multiple “customers”
at once??? Comment from TAC 4/8/21.
Commented [RM48]: Emma comment.
Why? It seems as if some of these could fit well for home based
small businesses. Perhaps consider removing this?
ASK Jim D.
Commented [RM49]: Chemicals used for use? Check with Amy
C. from SUB????
Attachment 3, Page 33 of 61
4.7.370 Place of worship
(A) A place for people to gather for religious activity. Examples include church, synagogue,
mosque, chapel, or meeting house. Includes the following associated uses (ORS
227.500).
(1) Worship services.
(2) Religion classes.
(3) Weddings.
(4) Funerals.
(5) Meal programs.
(6) Childcare, but not including private or parochial school education for prekindergarten
through grade 12 or higher education.
(7) Providing housing or space for housing in a building or buildings that are detached
from the place of worship provided:
(a) At least 50 percent of the residential units provided under this paragraph are
affordable to households with incomes equal to or less than 60 percent of the
median family income for Lane County.
(b) The real property is in a residential land use district and is located within the
urban growth boundary.
(c) The housing or space for housing complies with applicable land use regulations
and meets the standards and criteria for residential development for the
underlying land use district; and
(d) The housing or space for housing is subject to a covenant appurtenant to the
property. The covenant must restrict the owner and each successive owner of
a building or any residential unit contained in a building from selling or renting
any residential unit that is required to be affordable, as defined below, to a
household with an income greater than the established affordability level for a
period of 60 years from the date of the certificate of occupancy. The
established affordability level is the household income is equal to or less than
60 percent of the median family income for Lane County.
(B) A place of worship must meet the following approval standards:
(1) Site Plan approval standards of SDC 5.17.100, including landscape requirements.
(2) Discretionary Use standards of SDC 5.9.100 – 5.9.125, as applicable.
(3) Must abut and take access from an arterial or collector street.
Attachment 3, Page 34 of 61
4.7.375 Architectural Design Standards
(A) Purpose. The architectural standards are intended to provide detailed, human-scale
design, while affording flexibility to use a variety of building styles for certain types of
development.
(B) Applicability. This section applies to the following.
(1) Multiple unit housing.
(2) Public and institutional building(s) in Residential Districts.
(3) Commercial building(s) in Neighborhood Commercial District.
(4) Mixed-use building(s) in Residential Districts; and
(5) All other types of permitted/conditional nonresidential use buildings listed in Table
3.2.210 when built in a Residential District.
(C) Standards (Clear and objective). All buildings that are subject to this section must
comply with all the following standards. The graphics provided with each standard are
intended to show examples of how to comply and are for illustrative purposes only. Other
building styles and designs can be used to comply, so long as they are consistent with the
text of this section. An architectural feature may be used to comply with more than one
standard.
(1) Building Form. All buildings must incorporate design features such as offsets,
balconies, projections, window reveals, or similar elements to preclude large
expanses of uninterrupted building surfaces, as shown in Figure 4.7-Q below. Along
the vertical face of a structure, such features must occur at a minimum of every 40
feet, on each floor, and must contain at least two of the following features.
(a) Recess (e.g., deck, patio, courtyard, entrance, or similar feature) that has a
minimum depth of six feet.
(b) Extension (e.g., floor area, deck, patio, entrance, or similar feature) that
projects a minimum of two feet and runs horizontally for a minimum length of
four feet; and/or
(c) Offsets or breaks in roof elevation of two feet or greater in height.
Deleted: types of buildings
Deleted: building
Attachment 3, Page 35 of 61
Figure 4.7-Q Building Form (Multiple unit housing example)
(2) Building Orientation. All building elevations adjacent to a street right-of-way must
provide doors, porches, balconies, and/or windows. A minimum of 40 percent of
street-facing elevations, and a minimum of 30 percent of side and rear building
elevations, must meet this standard. Percent of elevation is measured as the
horizontal plane (lineal feet) containing doors, porches, balconies, terraces and/or
windows. The standard applies to each full and partial building story.
(3) Detailed Design. All buildings must provide detailed design along all elevations
which are visible from the street(s) adjacent to the property (i.e., front, rear and
sides).
(a) Menu Option (Type 1). Detailed design must be provided by using at least six
of the following 12 architectural features on all applicable elevations, as
appropriate for the proposed building type and style (may vary features on
rear/side/front elevations).
(i) Dormers.
(ii) Gables.
(iii) Recessed entries.
(iv) Covered front porches.
(v) Pillars or posts.
(vi) Eaves (minimum 12-inch projection).
(vii) Window trim (minimum 3 1/2 inches wide).
(viii) Bay windows.
(ix) Balconies.
(x) Offsets in the building face by a minimum of 18 inches.
(xi) Offsets or breaks in roof elevation of two feet or greater in height.
(xii) Decorative patterns on the exterior finish using shingles, wainscoting,
and/or board and batten.
(xiii) Variation in façade building materials, including, but not limited to, tile,
brick, and wood.
Attachment 3, Page 36 of 61
Figure 4.7-R Examples of Architectural Details
(b) Design Review Option (Type 2). Detailed design may be provided by showing
compliance with the following design criteria through a Type 2 application
process in accordance with SDC 5.1.130.
(i) The general size, shape, and scale of the structure(s) are architecturally
compatible with the site and with the surrounding neighborhood, unless
such compatibility with existing structures does not reflect the long-term
purpose or intent of the underlying land use district of the subject site.
(ii) If the project includes a structure or structures greater than 20,000 square
feet in floor area, the design must incorporate changes in direction and
divide large masses into varying heights and sizes by breaking up
building sections, or by the use of such elements as variable planes,
projections, bays, dormers, setbacks, canopies, awnings, parapets,
changes in the roofline, materials, color, or textures.
(iii) Exterior finish on vertical surfaces must be primarily of materials such as
masonry/wood siding, shingles, or stucco. The use of sheet metal or
plywood must not exceed 50 percent of the wall area. No smooth-faced
cinder block construction is permitted on front elevations. Cinder block
construction for side and rear elevations is permitted by approval through
the review process.
4.7.380 Multiple Unit Housing (Clear and objective standards)
(A) Purpose. The purpose of the multiple unit housing standards is to provide for higher
density housing in locations that are convenient to commercial uses and future transit
opportunities.
(B) Review. Type 1 review process.
Attachment 3, Page 37 of 61
(C) Development Standards for Multiple Unit Housing Developments. The following
standards apply to multiple unit housing developments unless otherwise stated. These
standards do not apply to Cottage Cluster Housing development.
(1) Common Open Space
(a) Ten percent of the site area, for large scale (20 units or more) multiple unit
housing developments, must be designated and permanently reserved as
common open space. This standard is in addition to the required setback yard
areas and any stormwater facilities.
(b) Five percent of the site area, for multiple unit housing developments under 20
units in size, must be designated and permanently reserved as common open
space. This standard is in addition to the required setback yard areas and any
stormwater facilities.
(c) For multiple unit housing developments that are part of a mixed-use building,
there is no Common Open Space requirement.
(d) For multiple unit housing developments that have a net density of 20 dwellings
units per acre in the R-2 district, or 30 dwelling units per net acre in the R-3
district the Common Open Space standard does not apply.
(2) Site area. The site area is defined as the lot(s) or parcel(s) on which the
development is planned, after subtracting any required dedication of street right-of-
way and other land for public purposes (e.g., public park or school grounds, etc.).
Inventoried Natural Resources and historic buildings or landmarks open to the public
and designated by the Springfield Comprehensive Plan may be counted toward
meeting the Common Open Space requirements.
(3) Credit for Proximity to a Park. A common open space credit as specified below is
allowed when the development is located within walking distance of a public park.
There must be a direct, accessible, and maintained trail or sidewalk between the
development and the park, and the walking route must not cross an arterial street to
use this credit.
(a) A 100 percent credit is allowed when the development is located within one-
quarter mile walking distance.
(b) A 50 percent credit is allowed when the development is located within three-
quarters mile walking distance.
(4) Trash and Recycling Receptacle Storage. Trash and recycling receptacle storage
must not be located within setbacks for property lines shared with R-1 district
property and must be covered and screened on at least three sides with an
evergreen hedge or sight obscuring fence or wall. The screening must be at least
five feet in height. Receptacles must be located for access by trash pick-up vehicles.
(5) Landscaping, Fences, and Walls. Multiple unit housing developments must provide
landscaping as specified in the following standards and in compliance with SDC
4.4.105.
Deleted: in the R-2 and R-3 Districts
Commented [RM50]: ADA? What does this mean? Is this
clear?
Commented [RM51]: Improvement standard for “trail”? ADA?
Commented [RM52]: Reference other section where these
standards are contained. Solid waste disposal….
Attachment 3, Page 38 of 61
(a) A minimum of 15 percent of the site must be landscaped with a mix of
vegetative ground cover, shrubbery, and trees. Trees, a minimum two inches
(dbh – diameter at breast height) in caliper, and shrubbery, a minimum of 24
inches in height, must be planted. Bark mulch, rocks and similar non-plant
material may be used to compliment the cover requirement but is not
considered a sole substitute for the vegetative ground cover requirement.
(b) Street trees, a minimum two inches (dbh) caliper, must be placed within the
planter strips between the curb and the sidewalk. Street trees must be planted
a minimum of one per every 30 linear feet of street frontage, as specified in
SDC 4.2.140.
(c) Fences in front yards and along any frontage used to comply with the building
orientation standard are limited to three feet in height. Fences in other yards
must comply with the fence standards specified in SDC 4.4.115, and the vision
clearance standards specified in SDC 4.2.130; and
(d) The use of native and/or drought-tolerant landscaping is encouraged. All
landscaping must be irrigated with a permanent irrigation system unless a
licensed landscape architect submits written verification that the proposed plant
materials do not require irrigation. The property owner must maintain all
landscaping.
(6) Pedestrian Circulation. Multiple unit housing developments with more than 20 units
must provide pedestrian circulation as specified in the following standards.
(a) Continuous internal sidewalks must be provided throughout the site.
Discontinuous internal sidewalks are permitted only where stubbed to a future
internal sidewalk on abutting properties, future phases on the subject property,
or abutting recreation areas and pedestrian trails.
(b) Internal sidewalks must be separated a minimum of five feet from dwellings,
measured from the sidewalk edge closest to any dwelling unit.
(c) The internal sidewalk system must connect all abutting streets to primary
building entrances.
(d) The internal sidewalk system must connect all buildings on the site and must
connect the dwelling units to the parking areas, bicycle parking, storage areas,
all recreational facilities, common areas, and abutting public sidewalks and
pedestrian trails.
(e) Surface treatment of internal sidewalks must be concrete, asphalt, or masonry
pavers. The sidewalks must be at least five feet wide. Multi-use accessways
(e.g., for bicycles, pedestrians, and emergency vehicles) must be of the same
materials, and at least ten feet wide. Where emergency vehicle access is
required, there must be an additional five feet on either side of the accessway
to provide for a clear accessway of 20 feet in width. The additional five-foot
area may be turf-block, grass-crete, or similar permeable material on a base of
gravel capable of supporting fire equipment weighing 80,000 pounds.
Commented [RM53]: Add diagram from existing code
Figure 3.2-R.
Attachment 3, Page 39 of 61
(f) Where internal sidewalks cross a vehicular circulation area or parking aisle,
they must be clearly marked with contrasting paving materials, elevation
changes, speed humps, or striping. Speed humps are subject to review and
approval by the Fire Marshal. Internal sidewalk design must comply with
Americans with Disabilities Act (ADA) requirements.
(g) Where the internal sidewalks are parallel and abutting to a vehicular circulation
area, the sidewalk must be raised or be separated from the vehicular
circulation area by a raised curb, bollards, landscaping, or other physical
barrier. If a raised sidewalk is used, the ends of the raised portions must be
equipped with curb ramps.
(h) All on-site internal sidewalks must be lighted to a minimum of two foot-candles.
(7) Parking. Multiple unit housing developments must provide parking as specified in
SDC 4.6.100 – 4.6.155.
(8) Vehicular Circulation. Multiple unit housing developments must provide vehicular
circulation as specified in the following standards. See Figure 3.2-R.
(a) The on-site driveway, or private street, system must connect with public streets
abutting the site.
(b) Site access and driveways must conform to SDC 4.2.120.
4.7.385 Multiple Unit Housing (Discretionary option)
(A) Description. The Planning Commission may approve adjustments to the clear and
objective multiple unit housing design standards listed in SDC 4.7.380 that preclude
compliance under SDC 4.7.390. In addition, the applicant may choose this Type III
Discretionary Use procedure when proposing an innovative design that may preclude
compliance with one or more of the design standards under SDC 4.7.380. The multiple
unit housing design standards are: Building Orientation; Building Form; Storage; Transition
and Compatibility Between Multiple unit housing and R-1 Development; Open Space;
Landscaping; Pedestrian Circulation; Parking; and Vehicular Circulation. The Planning
Commission must find that the application complies with or exceeds the criteria for each
applicable design standard. Criteria for design standards not relevant to the application do
not require a finding by the Planning Commission, unless the guidelines in Subsections (B)
through (I) are implemented.
(B) Building Orientation. The Planning Commission must find that the proposed design
contributes positively to the neighborhood and overall streetscape by carefully relating
building mass, frontages, entries, and yards to streets and to adjacent properties. This
criterion may be met by complying with either (1) or (2) below, or by meeting SDC 4.7.390.
(1) Building Oriented to the street along a minimum of 50 percent of the site’s frontage
(See Figure 4.7-M). The “orientation” standard is met when all of the following criteria
are met:
(a) Primary building entrances must face the street.
Commented [RM54]: Emma comment
Do we mean speed humps or should this be changed to “raised
crosswalks”? Or both?
Discuss with Emma and Michael
Commented [RM55]: Still need to look over/revise this section.
Attachment 3, Page 40 of 61
(b) The front of the buildings must be within 25 feet of the front lot/parcel line,
However, open, courtyard space in excess of 25 feet may be placed in front of
building entrances. Open courtyard space is defined as usable, hard-surfaced
space with pedestrian amenities including benches, seating walls or similar
furnishings.
(c) Off-street parking or vehicular circulation must not be placed between buildings
and streets used to comply with this standard.
(d) Wetlands, slopes over 15 percent as specified in SDC 3.3.500, and wooded
areas protected by SDC 5.19.100, must not be counted as “frontage” for
determining required building orientation. For example, if jurisdictional wetlands
and/or wetland buffer occupy 100 feet out of a total of 400 feet, then only 300
feet is counted as “frontage” for determining required building orientation. In
this example, 150 feet (50 percent) is the required amount of frontage to meet
the building orientation requirement.
Building Orientation and Storage
Figure 4.7-M
(2) Considering the following guidelines:
(a) Orient buildings to an internal circulation system that mimics a public street in
appearance (including, but not limited to sidewalks, landscaping, cross-walks,
lighting, parallel parking), and does not diminish the appearance and safety of
abutting primary public streets. Examples of “diminished appearance” include a
fence along the sidewalk that isolates pedestrians between it and the street;
Attachment 3, Page 41 of 61
the location of trash receptacles, utility vaults, etc. in the “rear” yard (abutting a
public street); and similar impacts on the streetscape.
(b) Other design elements that provide exceptional design, and on balance, justify
approval of the development with less than full compliance with the building
orientation standard. Examples of such design elements include protection of
natural and cultural resources; minimization of slope and tree cutting impacts;
provision of pedestrian amenities along the public street; and similar public
benefits that effectively accomplish the intent of the standard.
(C) Building Form. The Planning Commission must find that the proposed design promotes
building forms that contribute positively to a sense of neighborhood and to the overall
streetscape. This criterion may be met by complying with either (1) or (2) below or by
meeting SDC 4.7.390.
(1) Option 1 (See Figure 4.7-N).
(a) Structures that have one or two stories must not have continuous horizontal
distance exceeding 160 feet (measured from end wall to end wall). However,
as specified in Subsection 3.d., below, structures that have three or greater
stories must not have a continuous horizontal distance exceeding 120 feet
(measured from end wall to end wall).
(b) A minimum of 15 percent of the front façade (area measurement) shall contain
windows or doors. All windows and doors shall provide four-inch trim or be
recessed (i.e., into the front façade) to provide shadowing.
(c) Garages attached to living units and accessed from the street (front setback)
shall be recessed at least four feet behind the front façade of a dwelling
structure; and
(d) Exterior building elevations must incorporate design features including offsets,
balconies, projections, window reveals, or similar elements to preclude large
expansions of uninterrupted building surfaces. Along the vertical face of a
structure, the features must occur at a minimum of every 30 feet, and on each
floor shall contain a minimum of two of the following features:
(i) Recesses (e.g., deck, patio, courtyard, entrance, window reveals) that
have a minimum depth of 3 feet;
(ii) Extensions (e.g., floor area, deck, patio, entrance) that have a minimum
depth of 2 feet and minimum length of 4 feet; and/or
(iii) Offsets or breaks in roof elevation of 2 feet or greater in height.
Attachment 3, Page 42 of 61
Building Form
Figure 4.7-N
(2) Option 2
(a) Design exterior building elevations to avoid large expanses of uninterrupted
building surfaces.
(b) Depict building scale consistent with nearby buildings; “scale” relates to the
size of various features (including, but not limited to entries, roof surfaces,
façades, windows and materials) as compared to those features on nearby
buildings.
(c) Provide transitions to nearby buildings by massing; “mass” relates to the overall
size or bulk of a building or its principal parts.
(d) Provide porches, bays, and balconies that compliment nearby buildings.
(e) Provide roof variations through offsets, breaks and/or extensions.
(f) Provide transition between the multiple unit housing and R-1 districts.
(g) Protect on-site and off-site natural and designated historic features.
(h) Provide human-scaled architectural detail.
(i) Provide visual variety in elevations, architectural details, colors, and materials,
compatible with existing development
Attachment 3, Page 43 of 61
(D) Storage. The Planning Commission must find that unsightliness, noise and odor of exterior
utilities, trash receptacle storage, and roof-mounted mechanical equipment is minimized
by providing site facilities that are adequate and convenient for residents’ needs and
ensuring that site facilities are practical, attractive, and easily maintained. This criterion
may be met by complying with either (1) or (2) below or by meeting SDC 4.7.390.
(1) Option 1 (See Figure 4.7-M)
(a) Adequate, accessible, and secure storage space must be provided for each
dwelling. A minimum of 112 cubic feet of enclosed storage is required separate
from the living unit. Garages and storage units adjoining a dwelling (e.g.,
attached to decks and patios) qualify as storage space.
(b) Trash receptacles must be screened from view by placement of a solid wood
fence, masonry wall, or similar sight-obscuring, gated enclosure, from 5 to 6
feet in height, Obscuring landscaping must be planted a minimum 24 inches in
height at planting around all exposed sides of the wall or fence, unless breaks
are provided for gates. The required screening must meet the standards of
SDC 4.4.100.
(c) No trash receptacles are allowed in any front yard setback, or within 25 feet of
property lines abutting R-1 land use district or designated properties; and
(d) Ground-mounted equipment, including exterior transformers, utility pads, cable
television, telephone boxes, and similar utility services, must be placed
underground. Alternatively, equipment placed above ground, must be placed to
minimize visual impact; or screened with a wall or landscaping. When walls are
used they must be tall enough to completely screen the equipment at the time
of the equipment installation. Landscaping must be planted tall enough to attain
50 percent coverage after 2 years and 100 percent coverage within 4 years.
(2) Option 2
(a) Provide trash receptacle areas that are adequately signed, accessible to
residents and collection service, separated or buffered from living areas in
order to avoid noise and odor problems
(b) Provide mailboxes large enough to accommodate large envelopes, packages,
and newspapers.
(c) Keep the number and size of television and other receiving structures to a
minimum. Screen or locate these structures to minimize visibility to on-site
residents, residents of adjacent properties and the public, to the extent
practicable.
(d) Provide adequate, accessible, and secure storage space for each dwelling.
(e) Provide ground or interior mounted mechanical equipment with screening as an
alternative to roof-mounted equipment.
Attachment 3, Page 44 of 61
(f) Group together roof penetrations such as plumbing and exhaust vents, air
conditioner units and transformer boxes whenever practicable. Use ridge vents
on pitched roofs that are in public view.
(E) Transition and Compatibility Between Multiple unit housing and R-1 District development.
The Planning Commission must find that the development is located and designed in a
manner compatible with surrounding development by creating reasonable transitions
between multiple unit housing and sites and adjacent R-1 districts. This criterion may be
met by complying with either (1) or (2) below or by meeting SDC 4.7.390.
(1) Option 1: Multi-unit developments adjacent to properties designated R-1 district must
comply with the transition area and compatibility standards listed below, unless it can
be demonstrated that adjacent R-1 district property is committed to a non-residential
use e.g., church) that is unlikely to change. In evaluating the status of an adjacent
property, the Metro Plan designation shall take precedent over the current zone or
use.
(a) When a single unit dwelling is within 75 feet of the subject multiple unit housing
development site and the single unit dwelling is on the same side of the street
and same block as the multiple unit housing site, a setback similar to that of the
nearest single unit dwelling must be used for the front yard. “Similar” means the
multiple unit housing development setback is within 5 feet of the setback
provided by the nearest single unit dwelling. For example, of the single unit
dwelling setback is 20 feet, then the multiple unit housing building must be set
back by 15 to 25 feet. The minimum front yard setback is 10 feet, as specified
in SDC 3.2.220; and
(b) A 25-foot buffer area must be provided between multiple unit housing
development and property lines abutting an R-1 district property line, not
including those property lines abutting right-of-ways. Within the 25-foot buffer
area, the following standards apply:
(i) No vehicular circulation (i.e., driveways, drive lanes, maneuvering areas,
and private streets) is allowed within the buffer, unless driveway
placement within a buffer is required in order to comply with City, County
or ODOT access management standards;
(ii) Site obscuring landscaping is required and must meet the standards of
SDC 4.4.100;
(iii) Building encroachments are allowed, provided no building may encroach
more than 10 feet into the 25 foot buffer and no primary entrance can
face the abutting R-1 district property. Buildings must not exceed one
story or 21 feet within the buffer, and must comply with all other
applicable setbacks and transition areas specified elsewhere in this Code;
(iv) No active recreation areas (including, but not limited to: tot lots, swimming
pools) are allowed within the 25-foot buffer (garden spaces are not
considered active recreation areas);
(v) Lighting must meet the standards in SDC 4.5.100;
Attachment 3, Page 45 of 61
(vi) Mechanical equipment must be screened from view in conformance with
the standards of SDC 4.4.100, and must be buffered so that noise does
not typically exceed 45 to 50 decibels as measured at the R-1 property
line. The City may require a noise study certified by a licensed acoustical
engineer; and
(vii) All rooftop equipment must be hidden behind parapets or other structures
designed into the building.
(c) Buildings, or portions of buildings abutting an R-1 district property line or
designation (i.e., side or rear lot/parcel line) outside of the 25-foot buffer
described above, shall not exceed a building height greater than one foot for
each foot distance from the R-1 district property line. For example, a building or
portion of a building 30 feet in height shall be 30 feet from the R-1 district
property line. This standard applies up to a distance or 50 feet from the R-1
district property line.
(d) Structures within 50 feet of an R-1 district must not have a continuous
horizontal distance exceeding 120 feet (measured from end wall to end wall).
(2) Option 2
(a) Setbacks, building heights, and massing are similar to, and/or promote a visual
gradient between the multiple unit housing site and adjacent R-1 district.
(b) Screen with landscaping or place balconies and windows to maintain the
privacy of abutting R-1 districts and multiple unit housing residents on-site and
in abutting developments.
(c) Window treatments and other building components are similar in size, scale,
and placement to those in the adjacent R-1 districts, unless variation aids in
transition.
(d) On site vehicular circulation and parking guides traffic away from abutting R-1
districts.
(e) Orient buildings along street frontages shared by the R-1 district, particularly
when such orientation aids in transition.
(f) Use site obscuring landscaping, shade trees planted a minimum of six feet
from property lines, or a minimum six foot high fence, when such screening
aids in transition.
(g) Locate components of the multiple unit housing, which generate noise (such as
recreation areas, parking lots, trash receptacles, heating and cooling
equipment, etc.) where they will least disturb an abutting R-1 district.
(h) Locate and screen lights and mechanical equipment to minimize glare and
noise to an adjoining R-1 district.
Attachment 3, Page 46 of 61
(i) Allow enclosed garage structures (not carports) between multiple unit housing
buildings and abutting R-1 properties as a transition device when the width and
height of proposed garage structures are similar to (or subordinate to) the width
and height of adjacent R-1 garage structures.
(F) Open Space
(1) The Planning Commission must find that the open space component is located and
designed in a manner compatible with surrounding development when:
(a) On-site and abutting natural features are integrated into the open space system
of the multiple unit housing development.
(b) Amenities such as seating, children’s play areas, lighting, and recreation
facilities are provided within common open space areas and proportional to the
needs of the development.
(c) A range of usable open space types (general, common, and private) is
provided and they are integrated with abutting public open space, if it exists.
(d) Negative impacts to on-site or abutting wetlands, waterways, and natural areas
are negligible.
(2) This criterion may be met by complying with either (a) or (b) below or by meeting
SDC 4.7.390.
(a) Option 1. Multiple unit housing developments must provide both Common
Open Space and Private Open Space as specified in the following standards
(See Figure 4.7-Q).
(i) General. Inclusive of required yards, a minimum of 15 percent of the
gross site area must be designated and permanently reserved an open
space. The total required open space is the sum of setbacks, common
open space, and private open space. Inventoried natural features
(including regulated wetlands) and/or historic features on-site may be
counted toward up to 50 percent of common open space requirements.
See Chapter 6 for definitions of open space; open space, common; and
open space, private.
(aa) Multiple unit housing developments in mixed-use buildings are
exempt from these standards.
(ba) Multiple unit housing developments at densities exceeding 30 units
per gross acre must include a minimum of 10 percent of the gross
site as open space, which may be any combination of yards,
common open space and private open space.
(ca) Multiple unit housing developments at densities less than 30 units
per gross acre must provide open space as specified in the amounts
specified below.
Commented [RM56]: Add figure Q from existing code???
Attachment 3, Page 47 of 61
(ii) Common Open Space must be provided in all newly constructed multiple
unit housing development as specified in the following standards:
(aa) A minimum of 0.25 square feet of common open space must be
required for each square foot of gross residential floor area;
(ba) Common open space areas provided to comply with this standard
must be at least 500 square feet with no horizontal dimension less
than 15 feet;
(ca) A maximum of 15 percent of the required common open space can
be on slopes greater than 25 percent; and
(da) Multiple unit housing developments must designate within common
open space a minimum of 250 square feet of active recreation area
(including, but not limited to: children’s play areas, play fields,
swimming pools, sports courts) for every 20 units or increment
thereof. For example, a 60-unit development shall provide a
minimum area of 750 square feet for active recreation. No horizontal
dimension can be less than 15 feet. Alternatively, as determined by
the Director, qualified senior housing developments may be
excluded from this requirement; however, all other common open
space requirements apply;
(ea) Placement of children’s play areas must not be allowed in any
required yard setback or transition area;
(fa) Landscaping and/or natural vegetation must occupy a minimum of
50 percent of required common open space. On-site natural
resources and historic features which are accessible to residents
(including, but not limited to: by trails, boardwalks) may be used to
partially or fully satisfy this requirements; and
(ga) Indoor or covered recreational space (including, but not limited to:
swimming pools, sports courts, weight rooms) must not exceed 30
percent of the required common open space area.
(ha) Exemptions to the common open space standard may be granted
for multi-unit developments of up to 60 units (or for the first 60 units
of a larger project) when the developments are within 1/4 mile
(measured walking distance) to a public park; and there is a direct,
improved, permanent, public, Americans with Disabilities Act (ADA)-
accessible, lighted, maintained pedestrian trail or sidewalk between
the site and the park. An exemption will be granted only when the
nearby park provides active recreation area, as defined by
Subsection (da), above.
(ia) Phasing must not be used to circumvent common open space
standards.
Attachment 3, Page 48 of 61
(ja) Common Open Space does not include required yards or transition
areas unless authorized under SDC 4.7.385(F)(2)(b) or SDC
4.7.390.
(iii) Private Open Space must be provided in all newly constructed multiple
unit housing developments, to comply with the following standards:
(aa) All private open space must be directly accessible from the dwelling
unit through a doorway;
(ba) Dwelling units located at or below finished grade, or within five feet
of finished grade, must provide a minimum of 96 square feet of
private open space, with no dimension less than six feet; and
(ca) Private Open Space provided may be deducted from the required
amount of Common Open Space. For example, a project with
37,500 square feet of gross floor area requires 9,375 square feet of
Common Open Space under Subsection (ii)(aa), above. If 2,400
square feet of Private Open Space is provided, the minimum
Common Open Space requirement may be reduced to 6,975 square
feet (9,375 — 2,300)
(b) Option 2. Alternatively, this criterion may be found to be met by complying with
the following guidelines:
(i) Locate buildings, parking, and circulation to minimize adverse impacts on
natural features.
(ii) The amount of common recreation area is equal to the SDC
4.7.380(F)(2)(a) standard unless adjacent public recreation facilities,
unique on-site facilities, or other similar open space/recreation facilities
will be available to all residents of the site.
(iii) Provide linkages between on-site common open space and abutting
public open spaces when open space uses are compatible.
(iv) The amount of private open space is equal to the SDC 3.2.240(D)(5)(c)
standard unless equivalent opportunities for common open space are
demonstrated (e.g., individual units enjoy common open space).
(G) Landscaping. The Planning Commission must find that landscaping, fences, and walls
contribute to a quality living environment for all residents, improve the appearance of
multiple unit housing developments, and promote transition between multiple unit housing
development and surrounding land uses. This criterion may be met by complying with
either (1) or (2) below or by meeting SDC 4.7.390.
(1) Option 1. This criterion may be met by meeting the following standards.
(See Figure 4.7-Q)
(a) A minimum of 15 percent of the site shall be landscaped with a mix of
vegetative ground cover, shrubbery and trees. Trees, a minimum two inches
Commented [RM57]: doublc check this code section/ SHould
be 4.7????
Commented [RM58]: Add figure 3.2‐Q from existing code???
Attachment 3, Page 49 of 61
(dbh) in caliper, and shrubbery, a minimum of 24 inches in height, must be
planted. Bark mulch, rocks and similar non-plant material may be used to
compliment the cover requirement, but must not be considered a sole
substitute for the vegetative ground cover requirement;
(b) Street trees, a minimum two inches (dbh) caliper, must be placed within the
planter strips between the curb and the sidewalk. Street trees must be planted
one per every 30 linear feet (minimum) of street frontage, as specified in SDC
4.2.140;
(c) Fences in front yards and along any frontage used to comply with the building
orientation standard shall be limited to three feet in height. Fences in other
yards shall comply with the fence standards specified in SDC 4.4.115, and the
vision clearance standards specified in SDC 4.2.130; and
(d) The use of native and/or drought-tolerant landscaping is encouraged. All
landscaping must be irrigated with a permanent irrigation system unless a
licensed landscape architect submits written verification that the proposed plant
materials do not require irrigation. The property owner must maintain all
landscaping.
(2) Option 2. Alternatively, this criterion may be found to be met by complying with the
following guidelines:
(a) Plant outdoor spaces around multiple unit housing developments with a mix of
ground cover, shrubbery and trees. Also incorporate hard landscaping
elements (e.g., paved sidewalks, courtyards) into the development.
(b) Use plants to provide visual relief along blank exterior walls, reduce building
mass and bulk, define and shelter open space, provide privacy, break up and
shade parking areas and help define building entries and sidewalks.
(c) Include enhancements, such as plazas, galleries, courtyards, widened
sidewalks, benches, shelters, street furniture, artwork or kiosks for pedestrian
amenities.
(d) Use vegetation, grade changes and low fences to define open space areas.
Plant transition areas between multiple unit housing dwellings and surrounding
R-1 and less intensive uses to minimize the visual impact of the development.
(e) Incorporate a planting design that emphasizes:
(i) Visual surveillance by residents of common open space, parking areas,
internal sidewalks, dwelling unit entries, abutting streets and public open
spaces (i.e., mature plants do not block views of these areas);
(ii) Climate controls for summer shading and solar access during winter,
and/or shielding from winter winds. Balance this guideline with visual
surveillance objectives, above.
Attachment 3, Page 50 of 61
(f) Preserve significant trees and shrubbery on the site as reasonable. Significant
trees mean trees which measure 5 inches DBE or greater. Significant
shrubbery means shrubbery that is greater than 40 inches in height and is a
native, noninvasive species. Trees and shrubs preserved to meet this standard
must be identified on a Tree Protection Plan, in conformance with SDC
5.19.100.
(g) Provide small ornamental plants or other landscape features in coordination
with the building’s architecture to define the primary entry of a dwelling unit.
(h) Avoid high solid fences and walls along streets (e.g., fences greater than 3 feet
in height), unless required for noise abatement or retaining walls.
(i) Incorporate landscaping, fences and walls that clearly delineate the public,
communal and private areas of a development.
(j) Provide street tree planting, as required by SDC 3.2.240(D)(6) standards.
(k) Incorporate landscaping, fences and walls that do not conflict with sight lines
for vehicles and pedestrians, and comply with the vision clearance standards
specified in SDC 4.2.130.
(l) Choose landscape species for efficient maintenance. Incorporate native,
drought-resistant species.
(m) Use noise-reducing, ornamental walls (e.g., masonry), as necessary, to
minimize the transmission of noise.
(n) Incorporate landscaping, fencing and/or walls with dwellings that are close to
high noise sources such as active recreation, busy streets, railway lines, or
industry.
(o) Obscure or screen outlooks from windows, balconies, stairs, landings, terraces
and decks or other private, communal or public areas within a multiple unit
housing development. This can be accomplished with landscaping, fences or
walls, where a direct view is available into the private open space of an existing
adjacent single-family or multiple unit housing.
(p) Screen private open space and balconies by solid translucent screens or
perforated panels or trellises which have a maximum of 25 percent openings
and are permanent, of durable materials and designed, painted or colored to
blend with the development.
(H) Pedestrian Circulation. The Planning Commission must find that pedestrian circulation
systems are designed to provide separation between vehicles and pedestrians and
provide clear, direct, safe, and identifiable connections within the multiple unit housing
development and to other neighborhood uses. This criterion may be met by complying with
either (1) or (2) below or by meeting SDC 4.7.390.
(1) Option 1. Multiple unit housing developments with more than 20 units must provide
pedestrian circulation as specified in the following standards (See Figure 3.2-R).
Attachment 3, Page 51 of 61
(a) Continuous internal sidewalks shall be provided throughout the site.
Discontinuous internal sidewalks shall be permitted only where stubbed to a
future internal sidewalk on abutting properties, future phases on the subject
property, or abutting recreation areas and pedestrian trails;
(b) Internal sidewalks shall be separated a minimum of five feet from dwellings,
measured from the sidewalk edge closest to any dwelling unit;
(c) The internal sidewalk system shall connect all abutting streets to primary
building entrances;
(d) The internal sidewalk system shall connect all buildings on the site and shall
connect the dwelling units to the parking areas, bicycle parking, storage areas,
all recreational facilities and common areas, and abutting public sidewalks and
pedestrian trails;
(e) Surface treatment of internal sidewalks shall be concrete, asphalt or masonry
pavers, at least 5 feet wide. Multi-use accessways (e.g., for bicycles,
pedestrians and emergency vehicles) shall be of the same materials, at least
10 feet wide. Where emergency vehicle access is required, there shall be an
additional 5 feet on either side of the accessway. The additional five foot area
may be turf-block, grass-crete or similar permeable material on a base of gravel
capable of supporting fire equipment weighing 80,000 pounds.
(f) Where internal sidewalks cross a vehicular circulation area or parking aisle,
they shall be clearly marked with contrasting paving materials, elevation
changes, speed humps, or striping. Speed humps shall be subject to review
and approval by the Fire Marshal. Internal sidewalk design shall comply with
Americans with Disabilities (ADA) requirements;
(g) Where the internal sidewalks are parallel and abutting to a vehicular circulation
area, the sidewalk shall be raised or be separated from the vehicular circulation
area by a raised curb, bollards, landscaping or other physical barrier. If a raised
sidewalk is used, the ends of the raised portions shall be equipped with curb
ramps; and
(h) All on-site internal sidewalks shall be lighted to a minimum of two foot-candles.
(2) Option 2. Alternatively, this criterion may be met by considering the following
guidelines.
(a) Design each multiple unit housing development to contain an internal
pedestrian circulation system that makes clear, easily identifiable and safe
connections between individual units, parking, storage, common open spaces
areas, and public sidewalks. Design of internal sidewalks to comply with the
American with Disabilities Act (ADA) requirements.
(b) Design the pedestrian circulation system to provide safe crossings of streets,
driveways, and parking areas, where crossings are necessary. Consider design
Attachment 3, Page 52 of 61
elements such as textured pavers, patterned concrete and raised surfaces to
emphasize crossings.
(c) Design internal walkways and other pedestrian links to provide privacy for
ground floor residents.
(d) Link the multiple unit housing development internal sidewalks to neighborhood
uses that may be used by residents.
(e) Minimize vehicle and pedestrian conflicts.
(f) Integrate the design of the internal sidewalks with natural contours, topography,
trees, other vegetation, waterways, wetlands, and other natural resources and
features.
(g) Provide a convenient, accessible, direct, barrier-free route design.
(I) Parking. The Planning Commission must find that the placement of parking contributes to
attractive street frontages and visual compatibility with surrounding areas and is located
with consideration for the safety of residents. This criterion may be met by complying with
either (1) or (2) below or by meeting SDC 4.7.390.
(1) Option 1. Multi-unit developments must provide parking design as specified in the
following standards.
(a) Parking lots shall be placed to the side or rear of buildings as specified in the
Building Orientation Standards. Parking shall not be placed along that portion
of the street where building frontages are used to comply with the building
orientation standard;
(b) Lighting shall be provided for safety purposes, and focused/shielded to avoid
glare on adjacent properties or dwellings as specified in Section 4.5.100;
(c) There shall be 1 planter island for every 8 parking spaces. Planter islands shall
be a minimum of 6 feet wide, exclusive of the curb, the full length of a parking
space containing 1 shade tree (a minimum 2 inches (dbh) in caliper at planting)
and vegetative ground cover. Trees shall be specimens capable of attaining 35
feet or more in height at maturity and shall not produce excessive fruit, nuts, or
sap (i.e., die to pest damage). Bark mulch is not an acceptable substitute for
vegetative ground cover in the planter island. Water quality features may be
incorporated into planter islands. Landscape areas shall be evenly distributed
throughout the perimeter of interior parking areas, where practicable. See
Section 4.4.105(F). for recommended shade trees;
(d) A minimum 6-foot wide planter area shall separate and visually screen parking
from living area windows. The planter area shall include a mix of ground cover,
shrubbery, and trees with appropriate growth habit (i.e., for narrow planters and
any height limitations including balconies, overhangs, and eaves). Shrubbery in
this planter area shall be at least 24 inches in height at the time of planting, and
trees a minimum of 2 inches (dbh) in caliper at the time of planting. See
Section 4.4.110;
Attachment 3, Page 53 of 61
(e) Parking lots shall be connected to all building entrances by means of internal
sidewalks;
(f) All parking stalls fronting a sidewalk, or landscaped area shall be provided with
a secure wheel bumper not less than 6 inches in height and set back from the
front a minimum of 2 feet to allow for vehicle encroachment. Wheel bumpers, if
used, shall be a minimum of 6 feet in length. As an option , the sidewalk or
planter may be widened 2 feet beyond the minimum dimension required to
allow for vehicle encroachment. The sidewalks and planters shall be protected
by a curb not less than 6 inches in height. See also, Section 4.6.120(C);
(g) On corner lots/parcels, parking areas shall not be located within 30 feet of an
intersection, as measured from the center of the curb return to the edge of the
parking area (curb or wheel stop);
(h) All parking, maneuvering and loading areas abutting a property line or right-of-
way shall provide perimeter lot/parcel landscaping. A minimum 5-foot wide
planting strip shall be planted with shade trees, a minimum 2 inches (dbh) in
caliper, and a low level (e.g., 30 to 40 inches) evergreen hedge. See also
Section 4.4-105;
(i) Decorative walls may be used in place of the hedge in Subsection h., above,
and shall be placed no closer than 4 feet from the property line. The decorative
wall shall be a minimum of 30 inches in height and no more than 40 inches in
height, and shall comply with the vision clearance standards specified in
Section 4.2-130. Decorative walls shall be constructed of textured concrete
masonry (CMU) or similar quality material, and include a cap. The wall may be
partially see-through (up to 40 percent) as appropriate for security purposes.
The area between the wall and property line shall be landscaped with shade
trees;
(j) Parking area landscaping shall be designed to reduce storm water runoff (e.g.,
through infiltration swales and other measures), as practicable; and
(k) Bicycle parking shall be provided as specified in Section 4.6-140-155 and may
be incorporated into the landscaping design.
(2) Option 2. Alternatively, this criterion may be met by considering the following
guidelines.
(a) Avoid placing parking lots, carports, garages, and driveways between the
buildings and the street. To minimize the visual impacts, locate parking to a
portion of the site least visible from the street.
(b) Provide rear and below grade parking where practicable.
(c) Use alley access for parking areas where practicable.
(d) Use low, dense hedges or landscape berms at the edges of parking lots to
screen autos and direct pedestrians to entry and exit points.
Attachment 3, Page 54 of 61
(e) Provide no more parking than the “minimum” parking requirement, where
practicable.
(f) Avoid placing parking lots, garages, and carports that abut and/or are visible
from R-1 areas. As an alternative, locate parking next to arterial and collector
streets with landscape buffering, when possible.
(g) Design garages and free standing carports to be visually compatible with, or
screened from, adjacent R-1 uses and dwellings on-site (e.g., similar siding,
trim, roof line and materials, detailing, and color, as applicable).
(J) Vehicular Circulation
(1) The Planning Commission must find that on-site vehicular circulation systems are:
(a) Designed to be clearly identifiable, safe, pedestrian-friendly, and
interconnected.
(b) Designed to provide connectivity to the surrounding neighborhood streets while
minimizing impacts on the arterial street system.
(2) This criterion may be met by complying with either (a) or (b) below or by meeting
SDC 4.7.390.
(a) Option 1. Multiple unit housing developments must provide vehicular circulation
as specified in the following standards (See Figure 3.2-R).
(i) The on-site driveway (or private street) system shall connect with public
streets abutting the site;
(ii) Shared driveways shall be provided whenever practicable to minimize
cross turning movements on adjacent streets. On-site driveways and
private streets shall be stubbed to abutting MDR/HDR properties, at
locations determined during Site Plan Review process to facilitate
development of shared driveways; and
(iii) Parking areas shall be accessed from alleys when properties abut an
alley, or an alley can reasonably be extended to serve the development.
(b) Option 2. Alternatively, this criterion may be met by considering the following
guidelines.
(i) Design driveways and private streets to enhance connectivity to abutting
streets.
(ii) Design internal site circulation to provide accessibility to and from the site.
(iii) Design the vehicular circulation system, together with other design
elements, to reduce the apparent scale of large developments by
organizing the site into smaller land units.
Attachment 3, Page 55 of 61
(iv) Where practicable, consolidate or share driveways and internal streets
with driveways or internal streets serving abutting sites.
(v) Incorporate aesthetic and functional site design as it relates to vehicular
circulation.
(vi) Provide vehicular circulation linkages that will integrate multiple family
development with the surrounding area.
(vii) Provide the separation of pedestrian, bicycle, and vehicular traffic.
(viii) Avoid out-of-direction travel between buildings and other facilities on the
site (e.g., for delivery, service, etc.).
(ix) Locate service areas for ease of use and minimal conflict with circulation
systems.
(x) Provide circulation systems that respond to site topography, natural
contours, and natural resources, to minimize grading and resource
impacts.
(xi) Provide shared parking with abutting sites where practicable.
(xii) Provide the use of alleys for vehicular access.
(xiii) Provide lighting for the safety of pedestrians and drivers.
4.7.390 Multiple Unit Housing Variances
(A) Description. The Director may approve an adjustment of up to 20 percent to the multiple
unit housing design standards listed in SDC 4.7.390. The multiple unit housing design
standards are: Building Orientation; Building Form; Storage; Open Space; Landscaping;
Pedestrian Circulation; Parking; and Vehicular Circulation. There is one general criterion in
Subsection (B), below that applies to all the design standards. In addition, each design
standard has applicable criteria as specified in Subsections (C) through (G), below.
The Director must find that the application complies with the criteria for each applicable
design standard; i.e., design standards modifications that the applicant does not
specifically request in the application do not require a finding by the Director, and is not
subject to review under this Section. Requests to modify the standards of SDC 4.7.390 by
more than 20 percent require review under SDC 5.21.130.
(B) General Criterion. The adjustment is necessary due to topography, natural features,
easements, and similar physical or legal constraints preclude full compliance. Self-
imposed conditions do not satisfy this criterion.
(C) Building Orientation. The adjustment results in a better overall streetscape. For example,
design elements include: protecting and preserving vegetation and trees five inches (dbh)
in caliper or greater; providing pedestrian amenities (i.e., between buildings and the
street); providing building mass and architectural detailing that compliment adjacent uses
Commented [RM59]: Do we need/should we keep this
section?
Attachment 3, Page 56 of 61
and landscaping; and similar elements that effectively accomplish the intent of the
standard.
(D) Building Form
(1) The adjustment provides equivalent neighborhood compatibility either by providing
similar building mass and architecture, or through protection of vegetation and trees
greater than five inches (dbh) in caliper (i.e., screening allows for contrasting building
form).
(E) Open Space
(1) The adjustment results in protecting vegetation and preserving trees five inches
(dbh) in caliper or greater; providing pedestrian amenities; or providing locations for
common open space which enhances safety and visibility.
(2) The Director may approve an adjustment in the common open space requirements
for developments with 61 units or more if up to 50 percent if the site is within 1/4 mile
(measured walking distance) of a public park with active recreation facilities [as
defined by SDC 3.2.240(D)(5)]; and there is a direct, improved, permanent, public,
ADA - accessible, lighted, maintained pedestrian trail or sidewalk between the site
and the park.
(3) The Director may approve a reduction in either the required private open space or
required common open space areas if the proposal includes a proportional increase
in the other type of required open space. This adjustment does not apply to required
active recreation areas.
(F) Landscaping
(1) The adjustment results in a better overall transition from neighboring R-1 designated
property, such as: protecting and preserving trees five inches (dbh) in caliper or
greater; and
(2) The adjustment provides an equivalent degree of privacy, visual separation, and
visual enhancement for residents and adjacent R-1 designated property.
(G) Pedestrian Circulation
(1) The adjustment provides an equivalent degree of pedestrian circulation, safety, and
comfort, as provided by the pedestrian circulation standards.
(2) The Director may approve an adjustment in the pedestrian circulation standard,
notwithstanding Subsection (B), above and SDC 3.2.240(D)(7) if the residents do not
require an internal sidewalk system in full compliance with the pedestrian circulation
standards.
4.7.395 Boarding and rooming houses
(A) Rooming and boarding house facilities in an R-1 District must be located on collector or
arterial streets.
Attachment 3, Page 57 of 61
(B) One-half of an additional parking space must be provided for each boarding room. No
additional required parking spaces must be located within the front yard setback.
(C) For structures on the Springfield Historic Inventory, any external modification must be fully
compatible with the original design and may be subject to a Type 1 or Type 2 Historic
District review in accordance with SDC 3.3.915.
(D) A minimum of 25 percent of the lot or parcel must be landscaped.
4.7.400 Emergency Medical Hardship
(A) Purpose
(1) The Emergency Medical Hardship allows the placement of temporary living quarters,
on a property with a habitable primary dwelling, for a person who is determined by a
licensed physician, as specified in Subsection (D)(2)(a), below to be either:
(a) Terminally ill; or
(b) Recuperating from an illness, surgery, or injury; and
(c) The person is not physically or mentally capable of self-maintenance and is
dependent upon a care provider being on site for assistance.
(2) Temporary means a period of 24 months, unless otherwise permitted in Subsection
(G), below. The 24-month period includes an approval timeline of 12 months with an
opportunity to obtain up to two six-month time line extensions at the staff level.
(3) Temporary living quarters means a road worthy, licensed, and insured recreational
vehicle (RV) as defined in Chapter 6. Tent trailers are not be permitted as a
temporary living quarters.
(4) The temporary living quarters must be occupied only by the person requiring medical
assistance, or the care provider.
(5) The care provider must be a person who lives on-site, either in the primary dwelling,
or the temporary living quarters, and provides necessary medical procedures,
monitoring, and attention to the person requiring that care on a 24-hour basis.
(B) Applicability. The Emergency Medical Hardship process is permitted only on property
designated Low Density Residential (LDR) on the Eugene Springfield Metropolitan Area
General Plan diagram (Metro Plan) and zoned R-1 within the city limits or R-1/UF-10
within the City’s urban service area.
(C) Review. The initial application and any timeline extensions are reviewed under Type II
procedure.
(D) Submittal Requirements.
(1) The application must include a plot plan, drawn to scale, showing:
Commented [RM60]: Copy provisions from existing
5.10-100. Refer also to other codes, look at Lane County,
Bend, Eugene, etc.
Deleted: .
Commented [RM61]: What is this referring to?
Commented [RM62]: What is this refering to?
Commented [RM63]:
Commented [RM64R63]: Rely on overall submittal
requirements???? Reference to other section?
Attachment 3, Page 58 of 61
(a) Existing structures on the property and their setbacks from property lines;
(b) The proposed location of the temporary living quarters and its setbacks from
property lines and other structures on the property; and
(c) The required utility connections for the temporary living quarters.
(d) For those applications within the City’s urban service area, the plot plan must
also show the location of any wells, septic tanks, and drain fields.
(2) The application must also include:
(a) A written report from a licensed physician, therapist, or professional counselor
on official letterhead that indicates that the patient has a medical or physical
hardship that requires care and attention in such a manner that the caretaker
must reside on the same property.
(b) A statement from the applicant addressing:
(i) Whether the person requiring medical assistance or the care provider will
reside in the temporary living quarters;
(ii) The type of temporary living quarters proposed, either: a motor home,
residential trailer, a travel trailer, truck camper, or other RV as defined in
Chapter 6 unless exempted in this Section;
(iii) Proof that the temporary living quarters is licensed and insured; and
(iv) A statement explaining why the circumstances are temporary in nature
(estimated at 12 months or less) and what steps are being undertaken to
address the circumstances prior to the elapsing of 12 months, or any
extension thereof.
(E) Criteria. The Director must grant approval of the emergency medical hardship application if
all the following criteria are met, including any conditions imposed in accordance with
Subsection (F), below.
(1) A written report is provided from a licensed physician, therapist, or professional
counselor on official letterhead that indicates that the patient has a medical or
physical hardship that requires care and attention in such a manner that the
caretaker must reside on the same property..
(2) The temporary living quarters must house either the person requiring medical
assistance or the care provider.
(3) The temporary living quarters must be located on the same legal parcel as the
primary dwelling. Only one temporary living structure is allowed on a property.
(4) The temporary living quarters is not be permitted within the front yard or street side
yard setback.
Commented [RM65]: This does not relate to an approval
criteria.
Commented [RM66]: Concerns with HIPAA?
Attachment 3, Page 59 of 61
(5) All residential trailers and other similar units used as temporary living quarters must
be connected to sewer, water, and electrical services as proscribed by the Oregon
State Building Code as adopted by the City.
(6) All travel trailers and other similar units used as temporary living quarters must have
utility connections consistent with State law requirements for these units as in RV
parks.
(F) Conditions
(1) The following conditions of approval are applied to all medical hardship approvals:
(a) No change in occupancy of the temporary living quarters is allowed under the
permit; either the person requiring care or the care provider must reside within
the temporary living quarters.
(b) The temporary living quarters use is limited to the use permitted in this Section
and is not transferable to other persons or property. Under no circumstance
can the temporary living quarters be used as a rental unit.
(c) The temporary living quarters use must cease upon the occurrence of the first
of the following events:
(i) The medical hardship no longer exists; in this case, the temporary living
quarters must be removed within 30 calendar days of cessation of the
provision of care; or
(ii) Within 12 months of the date of application approval, unless there is an
approved extension as specified in Subsection (G), below.
(2) Additional conditions of approval may be imposed to the extent necessary to satisfy
the standards of Subsection (E), above, to comply with all applicable standards of
this Code.
(G) Time Line Extensions. A request for an extension will not require a new application;
however, a written request must be submitted to the Director 30 days prior to the
expiration of the initial 12-month approval timeline. The request must include written
verification from a licensed physician stating that the person requiring care as specified in
Subsection (D)(2)(a)., above continues to need care. Staff must review the request to
ensure that the applicant remains compliant with the approval criteria specified in
Subsection (E), above and any conditions of approval required under Subsection (F),
above. Upon expiration of the initial 12-month approval timeline, the temporary living unit
may be extended as follows:
(1) Staff Approved Timeline Extensions. The applicant may obtain no more than two six-
month timeline extensions from staff.
(2) Criteria of Approval for Timeline Extensions. Staff approval of any timeline extension
request is based upon:
Commented [RM67]: Can these be combined?
Commented [RM68]: This is not an approval criteria.
Attachment 3, Page 60 of 61
(a) The physician’s verification of condition that the patient still requires care; and
(b) Staff’s verification that the temporary living quarters is still in compliance with
the initial conditions of approval.
(H) Compliance. The temporary living quarters must maintain compliance with all conditions of
approval. Violation of the provisions of this Section, or determination that the need can no
longer be verified, is the basis for termination of approval.
4.7.405 Registered or Certified Family Child Care Home
(A) The registered or certified family child care home must be the same address as the
residence of the provider.
(B) The child care must be provided in the providers family living quarter’s of the provider’s
home.
(C) The provider may care for not more than 16 children, including provider’s own children, and
without regard to full-time or part-time status.
Attachment 3, Page 61 of 61
Section 6.1.100 – Definitions
Subsections:
6.1.105 Meaning of Common Words
6.1.110 Meaning of Specific Words and Terms
6.1.105 Meaning of Common Words
(A) All words used in the present tense include the future tense.
(B) All words in the plural include the singular, and all words used in the singular include the
plural unless the context clearly indicates to the contrary.
(C) The word “shall” directly and clearly imposes a duty upon someone or something; the
subject of the sentence is obligated to do something. The term means “is required to” or
“has a duty to”. This term is mandatory.
(D) The word “must” is mandatory.
(E) The word “may” is permissive.
(F) Words defined in this Section may also be defined in Springfield Development Code
(SDC) 6.1.100.
(G) Where words are not defined in this Section, the following sources are consulted: the
Springfield Development Code, including specifically SDC 6.1.100; the Metro Plan; State
of Oregon Revised Statutes (ORS), State of Oregon Administrative Rules (OAR’s); and
any dictionary of common usage, all of which will be interpreted by context.
6.1.110 Meaning of Specific Words and Terms
A
AASHTO. American Association of State Highway and Transportation Officials.
Abutting (or Abut). Adjoining with a common boundary line. However, where two or
more lots or parcels adjoin only at a corner or corners, they are not be considered
abutting unless the common property line between the two lots or parcels measures
eight feet or more in a single direction.
Access. The approved means by which vehicles have ingress and/or egress to an
approved lot/parcel or development area.
Accessory Dwelling Units (ADU’s). A secondary, self-contained dwelling that may be
allowed only in conjunction with a detached single-unit dwelling. An accessory dwelling
unit is subordinate in size to the primary detached single-unit dwelling. An accessory
dwelling unit has its own outside entrance and a separate kitchen, bathroom, and
sleeping area. An accessory dwelling may be located within, attached to, or detached
from the primary single unit dwelling.
Accessory Structure. A structure of secondary importance or function on a site. In
general, the primary use of the site is not carried on in an accessory structure.
Accessory structures are generally detached from the primary structure. If accessory
structures are attached to the primary structure, their structural framework is
independent or semi-independent from the primary structure. For example, a porch,
deck, or stairs that have their own footings or foundation are accessory structures even
though they may be attached to the primary structure. A balcony that is supported totally
Commented [RM1]: Delete? Not yet until the entire code is
revised and the word is removed from everywhere.
Commented [MR2]: Leave existing def. in existing code or
replace?
Commented [MR3]: Same definition contained in SDC 6.1‐100.
Also see section 4.7‐105.
Attachment 4, Page 1 of 47
by the framework of the primary structure is not considered an accessory structure.
Agricultural structures, including, but not limited to, barns, silos, hay sheds, drying
sheds, and greenhouses are exempt from the Specific Development Standards of the
underlying zoning district when located on land two acres or larger or on any lot/parcel
with a valid farm deferral tax classification from the Oregon State Department of
Revenue. Notwithstanding this exemption, land use activities conducted on land with
agricultural structures must otherwise conform to the list of permitted uses within the
underlying zoning district. (See also Primary Structure; Extension, Architectural; and
Incidental Equipment; in SDC 6.1.100)
Accessway. A dedicated easement or right-of-way intended to allow pedestrians and
bicyclists convenient linkages, where no public street access exists, to streets,
residential areas, neighborhood activity centers, industrial or commercial centers, transit
facilities, parks, schools, open space, or trails and paths.
Adaptive Reuse. A permitted use of a building that is different from its original or
previous use, often involving conversion work involving substantial modifications.
Adjacent. Abutting or located directly across a right-of-way.
Administrative Office. A building or portion of a building, in which persons are
employed in the day-to-day management or direction of a single business or division of
that business.
Agriculture. The cultivation of tree crops, plants, orchards, pasture, flower, berry and
bush crops or the keeping, raising or breeding of livestock or poultry where permitted by
the Springfield Municipal Code, 1997, and on any lot/parcel with a valid farm deferral tax
classification from the Oregon State Department of Revenue. Agricultural structures, as
defined elsewhere in this Code, also is defined as “Agriculture.”
Alley. A service way providing means of public access to abutting property and not
intended for general traffic circulation.
Alter, Alteration. A modification in use of a structure that may or may not involve
construction. As used in SDC 3.3.900, any construction, erection, remodeling,
restoration, reconstruction, removal or exterior painting affecting the appearance or
position of an Historic Landmark Site or Structure within or outside of a designated
Historic District.
Animal Clinic. A business establishment in which veterinary services are provided to
small domestic pets on an out-patient basis with no overnight boarding allowed.
Animal Hospital. A place where animals are given medical or surgical treatment and
the boarding of animals is limited to short-term care incidental to the hospital use.
Appeal. A request for a review of a final decision by the Director, Planning Commission,
or City Council in accordance with applicable procedures, based on the standards of this
Code.
Applicant. A person submitting an application; the owner of affected property, or the
owner's duly authorized representative. The City Attorney may require proof of the
Attachment 4, Page 2 of 47
sufficiency of the representative's authorization by the owner to act as applicant on the
owner's behalf.
Approval Authority. The individual or public body which has jurisdiction for making a
decision on an application under the provisions of this Code.
Aquifer. A geologic formation, group of formations, or part of a formation that is capable
of storing and transmitting water in sufficient quantity to supply wells or springs.
Automobile-dependent. A use where automobiles and/or other motor vehicles are
served by the use and the use would not exist without them, such as vehicle repair, gas
station, car wash, or auto and truck sales. Automobile-dependent also includes a drive-
up or drive-through that does not have any indoor customer seating.
Automobile-oriented use. A use where automobiles and/or other motor vehicles are an
integral part of the use, such as drive-up, drive-in, and drive-through facilities.
Automobile-oriented drive-up and drive-throughs must have indoor seating. Without
indoor customer seating the use is classified as automobile-dependent as defined
above.
Automobile wrecking. The dismantling or disassembling of motor vehicles, including
large truck or heavy machinery, or trailers, or the storage, sale salvage, or dumping of
dismantled, partially dismantled, obsolete, or wrecked vehicles, or their parts. An
automobile wrecking use includes a wrecking yard. More than two dismantled, obsolete,
or inoperable motor vehicles or parts thereof on one lot constitutes a wrecking yard.
B
Backhaul Network. The land lines that connect a WTS provider’s radio signals to one or
more cellular telephone switching offices and/or local or long distance providers, or the
public switched telephone network.
Base Flow. The portion of a stream flow that is not run-off and results from seepage of
water from the ground into a channel. The primary source of running water in a stream
during dry weather.
Bed and Breakfast Facility. A structure designed for and occupied as a single-family
dwelling, in which travelers are lodged for sleeping purposes for two weeks or less and a
morning meal provided, and for which compensation is paid. A Bed and Breakfast
Facility is not a hotel, motel, boarding house or rooming house.
Berm. A mound of earth used to deflect sound or used as a buffer in landscaping
provisions to separate incompatible areas or to provide aesthetic enhancement in site
design.
Bicycle or Bike Lane. A portion of a street that has been designated, by striping,
signage and pavement markings, for the exclusive use of bicycles.
Bicycle Parking Space. A space for one standard bicycle within a lighted and secure
bicycle rack, placed in a paved area.
Commented [RM4]: Check procedures code section
Commented [RM5]: Check against procedures
Removed from procedures. What replaced? Hearings Authority???
Check the rest of the code for this term.
Commented [RM6]: Comment from Michael
Should we distinguish between drive thru uses with out seating
would be classified as Auto dependant? How does this work with
drive up and drive in?
Attachment 4, Page 3 of 47
Bikeway. Any street, path or way which in some manner is specifically designated for
bicycle travel, regardless of whether the facilities are designated for the exclusive use of
bicycles or are to be shared with other transportation modes.
Block. An area of land containing one or more lots/parcels surrounded by public or
private streets.
Block Length. The distance along a public or private street between the centerline of
two intersecting streets, including “T” intersections but excluding cul-de-sacs.
Block Perimeter. The sum of all block lengths for a given block, also measured as the
distance to travel once completely around the block, ending at the starting point as
measured from the centerline of the street.
Boarding House. A building where lodging and meals are provided for more than two
weeks for compensation. This definition excludes bed and breakfast facilities.
Bond, Performance or Security. Collateral security for the performance of a specific
action or duty imposed by the City.
Buildable Area of a Lot/Parcel. The area of a lot/parcel enclosed within the setback
boundaries, exclusive of easements.
Building. Any structure used or intended for sheltering any use or occupancy. As used
in SDC 3.3.400 Floodplain Overlay District, the terms “building” and “structure” are
synonymous, and are framed, erected, constructed or placed to stand temporarily or
permanently on a tract of land. This definition specifically includes a mobile home,
manufactured home and any accessories, and gas or liquid storage tanks principally
above ground.
Building Board of Appeals. A board appointed in accordance with Section 2.500 to
2.574 of the Springfield Municipal Code, 1997, to hear requests for alternate building
methods/materials.
Building Envelope. That portion of a lot/parcel that has no development restrictions
where the placement of driveways and structures can be established. The building
envelope does not include the area of any required setbacks, tree protection plans,
conservation zones or other protected areas as authorized by a limited land use
decision.
Building footprint. As applicable to Cottage Cluster Housing development specified in
SDC 4.7.325(E)(1), The horizontal area as seen in plan, measured from outside of all
exterior walls and supporting columns. It includes dwellings and any area of attached
garage that exceeds 200 square feet. It does not include detached garages or carports;
accessory structures; trellises; patios; areas of porch, deck, and balcony less than 30
inches from finished grade; cantilevered covers, porches or projections; or ramps and
stairways required for access.
Building Height. The vertical distance above a reference datum measured to the
highest point of the coping of a flat roof, to the deckline of a mansard roof, or to the
average height of the gables of a pitched or hipped roof. The maximum height of a
Commented [MR7]: This is from Model Code for HB 2001 for
Cottage Clusters. Needed? Does this cause problems elsewhere?
Should it just be included and applicable in Cottage Cluster section?
Is there an equiv. def. in BP?
Attachment 4, Page 4 of 47
stepped or terraced building is the maximum height of all segments of that building. The
reference datum is, which either of the following of the 2 measurements that results in
the greater building height.
(1) The reference datum is the lowest grade when the highest ground surface within a 5-
foot horizontal distance of the exterior wall is not more than 10 feet above the lowest
grade.
(2) The reference datum is 10 feet higher than the lowest grade when the ground
surface described in A, above is 10 feet above the lowest grade.
Building Official. The person responsible for the administration and enforcement of the
Building Safety Codes; the duly authorized representative of the Director responsible, in
consultation with the City Engineer, for the interpretation of SDC 3.3.400 Floodplain
Overlay District.
Building Permit. Written permission issued by the Building Official that construction
may commence in accordance with this Code and the Building Safety Codes.
Building Safety Codes. A book of codes including the Springfield Building Code
Administrative Code, the Structural Specialty Code, the Mechanical Specialty Code, the
Electrical Specialty Safety Code and the Plumbing Specialty Code.
Build-To Line. A line parallel to the property line that prescribes a consistent plane of
building façades along a public street and in certain circumstances, alley frontages. The
build-to line provides predictable results in the urban form by requiring a set location for
the buildings as opposed to the range of possible locations that a minimum setback
allows. The build-to line can be adjusted by utilizing maximum building setbacks.
Burden of Proof. The duty of producing evidence or establishing a given proposition in
order to establish that the party seeking affirmative relief or action is entitled to relief or
action by the applicable ordinances and statutes.
Business Park. A development on one or more lots/parcels under common ownership
with 2 or more separate buildings to accommodate light industrial uses, including, but
not limited to, office research and development, manufacturing, assembly, warehousing
and distribution, large administrative headquarters, and other professional and
administrative uses. Light industrial uses permitted within the business park have no
significant potential for major pollution, adverse visual impacts, or nuisance or hazard
factors; and are planned, designed, constructed and managed on an integrated and
coordinated basis with special attention given to on-site vehicular circulation, off-street
parking, utility needs, building design and orientation and open space, landscaping,
noise control, outdoor storage and other site improvements as may be required by this
Code.
C
Calendar Day. Any day of the year, including official City holidays and weekends. If any
effective date or deadline falls on a weekend or holiday, the date or deadline will be
effective on the next City working day.
Attachment 4, Page 5 of 47
Cannabinoid. Any of the chemical compounds that are the active constituents of
marijuana.
Cannabinoid Concentrate. A substance obtained by separating cannabinoids from
marijuana by:
(1) A mechanical extraction process; or
(2) A chemical extraction process using a nonhydrocarbon-based or other solvent, such
as water, vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol.
Cannabinoid Edible. Food or potable liquid into which a cannabinoid concentrate,
cannabinoid extract or dried marijuana leaves or flowers have been incorporated.
Cannabinoid Extract. A substance obtained by separating cannabinoids from
marijuana by:
(1) A chemical extraction process using a hydrocarbon-based solvent, such as butane,
hexane or propane;
(2) A chemical extraction process using the hydrocarbon-based solvent carbon dioxide,
if the process uses heat or pressure; or
(3) Any other process identified by the commission, in consultation with the authority, by
rule.
Cannabinoid Product. A cannabinoid edible and any other product intended for human
consumption or use, including a product intended to be applied to the skin or hair that
contains cannabinoids or dried marijuana leaves or flowers.
Carport. A roofed accessory structure providing parking space which is open on two or
more sides.
Cell. A geographic area where a single radio transmission sending/receiving station (per
provider) and the equipment necessary to connect these radio calls to land lines or other
cells are located.
Certificate of Occupancy. A document issued by the Building Official allowing the
occupancy or use of a structure and demonstrating that the structure or use has been
constructed in compliance with all applicable City codes and ordinances.
Change of Use. A change from one existing permitted use to another permitted use in
the applicable zoning district. Change of use includes changes that require construction
or alteration to land or water outside of existing buildings, structures, or open storage
areas; and that substantially alters or affects land or water—also, as used in SDC
3.4.280C., making a different use of the land or water. Change of use does not include a
change of use of a building or other structure that does not substantially alter or affect
the land or water upon which it is located, the sale of property, or modifications of
existing structures, as may be permitted by this Section.
Commented [RM8]: Review this definition to make sure it
matches up with new use categories, site plan process, and MDS,
etc.
Attachment 4, Page 6 of 47
Childcare Facility. Any facility that provides child care to children, including a day
nursery, nursery school, child care center, certified or registered family child care home,
or similar unit operating under any name. Also see ORS 329A.
For the purpose of a “Registered or Certified Child Care Facility” as allowed by ORS
239A.440, the following terms apply:
“Certified” means the certification that is issued under ORS 329A.280 by the Office of
Child Care to a family child care home, child care center, or other child care facility.
“Registered” means the registration that is issued under ORS 329A.330 by the Office of
Child Care to a family child care home where care is provided in the family living
quarters of the provider’s home.
ORS 329(A).250
(5)“Child care facility” means any facility that provides child care to children, including a
day nursery, nursery school, child care center, certified or registered family child care
home or similar unit operating under any name, but not including any:
(a) Preschool recorded program.
(b) Facility providing care for school-age children that is primarily a single
enrichment activity, for eight hours or less a week.
(c) Facility providing care that is primarily group athletic or social activities
sponsored by or under the supervision of an organized club or hobby group.
(d) Facility operated by:
(A) A school district as defined in ORS 332.002;
(B) A political subdivision of this state; or
(C) A governmental agency.
(e) Residential facility licensed under ORS 443.400 to 443.455.
(f) Babysitters.
(g) Facility operated as a parent cooperative for no more than four hours a day.
(h) Facility providing care while the child’s parent remains on the premises and is
engaged in an activity offered by the facility or in other nonwork activity.
(i) Facility operated as a school-age recorded program.
Church. See “Place of worship”.
City. The City of Springfield.
City Council. The Springfield Common Council.
City Engineer. An Oregon Registered Professional Engineer who is an officer of the
City and is charged with the supervision and construction of public improvements and
the enforcement of City ordinances as they relate to public improvements, or a duly
authorized representative.
City Recorder. The Springfield Finance Director, or a duly authorized representative.
City Surveyor. An Oregon Registered Professional Land Surveyor who is charged with
conducting surveys of City facilities and with the enforcement of certain City ordinances
and State statutes as they relate to subdivision and partitioning of land.
Commented [RM9]: Can we cite to ORS?
Commented [RM10]: Should we include all of the ORS def?
Attachment 4, Page 7 of 47
Clean Water Act (CWA). A federal law established in 1972 to restore and maintain the
chemical, and physical and biological integrity of water, including lakes, river aquifers
and coastal areas.
Clinic. A facility consisting of single or multiple offices where a group of medical, allied
health professions and alternative caregivers provide diagnosis, care and treatment of
persons primarily on an outpatient basis.
Club. An association of persons (whether or not incorporated), religious or otherwise, for
a common purpose, but not including groups which are organized primarily to render a
service carried on as a business for profit.
Cluster Subdivision. A form of subdivision development that permits flexibility in
dimensional requirements by reducing lot/parcel size, setback, street width and other
developmental standards to allow a more flexible design than is permissible under the
conventional subdivision process. This form of subdivision preserves open space and
creates innovative residential designs that emphasize affordability and home ownership.
Commercial Use – the use of land involving buying or selling of goods and services as
the primary activity.
Common Courtyard. A common area for use by residents of a cottage cluster. A
common courtyard may function as a community yard. Hard and soft landscape features
may be included in a common courtyard, such as pedestrian paths, lawn, groundcover,
trees, shrubs, patios, benches, or gazebos.
Common Wall. A wall or set of walls in a single structure shared by two or more
dwelling units. The common wall must be shared for at least 25 percent of the length of
the side of the building of the dwelling units. The common wall may be any wall of the
building, including the walls of attached garages.
Community Park. A park, normally between 15 and 100 acres in size, which provides a
variety of moderate density use recreation and/or cultural opportunities and is centrally
located for citizens of the community and immediate outlying areas.
Conceptual Street Map. A map adopted into the Transportation System Plan depicting
existing and future multi-use path and arterial and collector street alignments.
Condominium. A form of ownership that is regulated in part by ORS 100.005 et seq.
that may be applied to any dwelling type. Existing and new dwellings may be converted
to condominium ownership; however, new dwellings must comply with the development
standards specified in this Code for the particular type of dwelling.
Congregate Care Facility. A building serving more than 15 elderly or infirm persons
where daily meals are provided outside of each individual dwelling unit, on-site nursing
facilities are available and the majority of residents do not own automobiles.
Construction Activity. Includes, but is not limited to, clearing, grading, excavation, and
other site preparation work related to the construction of buildings, and heavy
Commented [RM11]: Keep? Still a use listed?
Commented [RM12]: See SDC 3.2.315(A). Needed there? Or
just here? Or both?
Attachment 4, Page 8 of 47
construction (for example, highways, streets, bridges, tunnels, pipelines, transmission
lines and industrial non-building structures)
Convenience Store. A small grocery typically open extended hours.
Corporate Headquarters. A building or portion of a building in which persons are
employed in the management or direction of a business consisting of one or more
divisions or groups of companies. To be considered a corporate headquarters, the
business must meet the applicable employee threshold specified elsewhere in this Code.
Businesses that do not meet the applicable employee threshold are considered an
administrative office.
Cottage. An individual dwelling unit that is part of a cottage cluster.
Cottage Cluster. A grouping of no fewer than four dwelling units per gross acre, each
with a footprint of less than 900 square feet that includes a common courtyard. Cottage
Cluster units may be located on a single Lot or Parcel, or on individual Lots or Parcels.
Cottage cluster may also be known as “cluster housing,” “cottage housing,” “bungalow
court,” “cottage court,” or “pocket neighborhood”. See SDC 4.7.325 Cottage Cluster.
Cottage Cluster Project. A development area with one or more cottage clusters. Each
cottage cluster that is part of the cottage cluster project must have its own common
courtyard.
Courtyard. An open, unoccupied space other than a required exterior yard, which
usually provides amenities such as gardens, planters, seating, or art.
Courtyard housing. Detached “zero lot line” dwellings on individual lots subject to the
same standards as detached single unit dwellings, except that a three-foot minimum
side yard setback is required on one side of a typical lot. This type of housing allows
development on smaller (i.e., narrower) lots and provides usable outdoor living area in
side-oriented yards. See SDC 4.7.335, Courtyard Housing.
Commented [RM13]: Def from MS4 permit. Keep? Move to
section on stormwater? Limited to just residential development….
Commented [RM14]: Should we allow clusters to be 3 units?
Rules allow minimum number of units to be 3, 4, 5, or no min.
Commented [MR15]: HB 2001
Deleted: site
Commented [RM16]: Delete and replace with “Common
Courtyard” above? Where else is this term used? Search.
Comment from Molly, check Glenwood code.
Commented [RM17R16]: No.
Attachment 4, Page 9 of 47
Figure 6.1-A. Courtyard housing
Cul-de-Sac. A short local street which has one end open to traffic and is terminated by a
vehicle turn around, the cul-de-sac bulb.
Cultivation or Cultivate. All phases of growth of marijuana from seed to harvest.
Curb. The raised concrete border along the edge of a street or paved area.
Curb Cut. The opening along the curb line at which point vehicles may enter and/or
leave the public street.
Cut. A portion of land surface from which earth is removed by excavation; the depth
below the original ground surface or excavated surface.
D
Dance Hall. Any place of business whose primary function is dancing.
Attachment 4, Page 10 of 47
Dbh. The diameter of a tree measured 4-1/2 feet above the ground at the base of the
tree.
Dedication. The transfer of property interests from private to public ownership for a
public purpose.
Delineation. (From Oregon Health Department rules): The determination of the extent,
orientation, and boundaries of a wellhead protection area using factors, for example:
geology, aquifer characteristics, well pumping rates and time of travel.
Demolition. Razing, destroying, dismantling, defacing, or in any other manner causing
partial or total ruin of an Historic Landmark Site or Structure within or outside of a
designated Historic Landmark District.
De Novo. A hearing where new evidence may be provided, distinguished from a hearing
based solely on an existing record.
Density, net. The number of dwelling units for each acre of land in residential use,
excluding: dedicated streets; dedicated parks; dedicated sidewalks; and other public
facilities.
Density, gross. The number of dwelling units for each acre of land including, but not
limited to, areas devoted to streets, parks, sidewalks, and other public facilities.
Design Standard. A standard related to the arrangement, orientation, materials,
appearance, articulation, or aesthetic of features on a dwelling unit or accessory
elements on a site. Design standards include, but are not limited to, standards that
regulate entry and dwelling orientation, façade materials and appearance, window
coverage, driveways, parking configuration, pedestrian access, screening, landscaping,
and private, open, shared, community, or courtyard spaces.
Designated Beneficial Use. The purpose or benefit to be derived from a watercourse.
For the Willamette and McKenzie Rivers and all other streams and tributaries, the
following beneficial uses apply: Public domestic water supply, private domestic water
supply, industrial water supply, irrigation, live stock watering, anadromous fish passage,
salmonid fish rearing, salmonid fish spawning, resident fish and aquatic life, wildlife,
fishing, boating, water contact recreation aesthetic quality and hydro power (excluding
the Willamette River).
Developable Acre. 43,560 square feet of land that can be developed that includes
common open space or recreational facilities reserved for the use of residents in a
development, but excludes public property, including, but not limited to, parks and
dedicated streets. At the request of the developer, the Director may exclude portions of
the site that cannot be developed due to physical constraints, including, but not limited
to, natural resources that are listed within a local inventory.
Development. Any human-made change to improved or unimproved real estate,
including, but not limited to, a change in use; construction, installation or change of a
structure; subdivision and partition; establishment or termination of a right of access;
storage of materials, equipment or vehicles on the land; drilling and site alteration due to
land surface mining, filling, grading, dredging, paving, excavation or clearing of trees and
Attachment 4, Page 11 of 47
vegetation. Agricultural uses (including agricultural structures), when otherwise permitted
by the base zoning district, are exempt from this definition unless agricultural structures
are placed within adopted special flood hazard zones. As used in SDC 3.3.400,
Floodplain Overlay District, any human-made change to improved or unimproved real
estate located within the area of special flood hazard, including, but not limited to,
buildings and other structures, mining, dredging, filling, grading, paving, excavation, or
drilling operations. As used in SDC 3.4.280(C), any activity within the Glenwood
Riverfront portion of the WG Overlay District that would alter the elevation of the land;
remove or destroy plant life; cause structures of any kind to be installed, erected, or
removed; or result in a measurable change of any kind.
Development and Public Works Department. The department responsible for the
administration of this Code and the implementation of the Metro Plan within Springfield’s
Urban Growth Boundary.
Development Approval. Approval granted by the Director for a development which is in
compliance with this Code and the Metro Plan and precedes the issuance of a Building
Permit.
Development Area. The area subject to any application required by this Code.
Development, Phased. A project that is developed incrementally, with each phase
capable of functioning independently of the others.
Development Review Committee. City staff, representing each affected division and
department of the City, and affected agencies and utility providers that meet on a regular
basis to review land use requests and development proposals.
Direct Tributary to a Water Quality Limited Watercourse. A direct tributary to a Water
Quality Limited Watercourse (WQLW) is one that flows directly into a WQLW, excluding
those watercourses that flow into the WQLW as a piped connection, where the pipe
system extends more than 200 feet upstream of the connection point or is one that is a
diversion from a WQLW and that discharges into either a WQLW or other direct tributary
to a WQLW and where the water quality if the diverted flow at the discharge point has
been degraded when compared with the water quality at the diversion point.
Director. The Community Development Division Director or their designee.
Discretionary Use. Any use not permitted outright in a particular zoning district because
of its potentially incompatible characteristics requiring review by the Planning
Commission or Hearings Official to determine whether that use should be permitted, and
if so, adding any conditions of approval necessary to ensure compatibility with adjacent
uses.
DNAPL, Dense Non-Aqueous Phase Liquids. A group of hazardous materials that are
denser-than-water (specific gravity greater than one), have low solubility rate, and
degrade slowly to other compounds that are even more of a health hazard. For the
purpose of Springfield’s drinking water protection, DNAPL chemicals are defined as “all
chemicals displaying the characteristics of a DNAPL chemical or a material containing a
substance considered a DNAPL chemical.” A list of DNAPLs regulated within the
Deleted: Development and Public Works Director
Deleted: duly authorized representative who is responsible for the administration and interpretation of this Code…
Attachment 4, Page 12 of 47
Drinking Water Protection Overlay District must be as adopted by SUB on November 10,
1999.
Door area. The area of the portion of a door other than a garage door that moves and
does not include the frame.
Downtown Exception Area. An area defined by the Willamette River on the west, 8th
Street on the east, the alley between north B and north C Streets on the north, and a line
north of the Southern Pacific Railroad tracks on the south.
Downtown Planning Area. The area under the jurisdiction of the Springfield Downtown
Refinement Plan that includes Springfield’s traditional Downtown area and the Booth-
Kelly redevelopment area.
Drainage Way. A natural or constructed watercourse which has the specific function of
transmitting stream water or storm run-off water from a point of high elevation to a point
of low elevation which convey significant seasonal concentrations of water over the
surface of the land.
Dripline. A roughly circular land area measured beneath a tree. The approximate center
of the area is the trunk of the tree, and the radii are equal to the horizontal measures of
the longest branches.
Drive-Through Business. An establishment that sells products or provides services to
occupants in vehicles where payment is made and the product or service is picked up at
a drive-up window. This use includes, but is not limited to, the operation of drive-up or a
drive-through service at a restaurant, bank or financial institution, personal services, and
retail sales (e.g., pharmacy).
Driveway. A vehicular access that provides connection between a structure or parking
area on private property and the public street system. “Driveway” may include a private
easement to provide vehicular access to more than two or more properties.
Driveway approach. The edge of a driveway where the driveway abuts a public right of
way.
Attachment 4, Page 13 of 47
Figure 6.1-B. Driveway approach
Driveway, Curb Return. A driveway defined on both sides by a full height curb.
Driveway, Joint Use. A driveway serving two or more properties.
Driveway, Standard Driveway. A driveway created by depression of the street curb at
its approach.
Drop-Off Space. A paved, clearly marked short-term (less than 20 minutes) parking
space, generally within 50 feet of a main building entrance, separated from required
parking for staff and long-term visitors.
DSL. The Oregon Department of State Lands.
Duplex. Two dwelling units on one lot or parcel in any configuration. Units may be
attached vertically or horizontally or detached.
Dwelling Unit (Dwelling or unit). A single unit providing complete independent living
facilities for one or more persons, including permanent provisions for living, sleeping,
eating cooking and sanitation.
E Easement. An interest in property owned by another that entitles its holder to a specific
limited use or enjoyment of that property.
Elevation. The term is based on context and is either: a vertical distance above or below
a fixed reference level; or a particular side of a building.
Commented [RM18]: Added to 4.7.310 for duplex.
Also add to ADU section???
Commented [RM19]: As used in the middle housing code and
confirmed by dictionary definition, an "elevation" is the side of the
building, not a drawing of the side of the building. If the code
requires an "elevation plan" or "elevation drawing," for example, it
would be redundant to define "elevation" as the drawing. (I also
note that you have used "elevation" in place of the model code's
"facade" for the middle housing standards ‐ I think that's a good
swap)
Deleted: flat scale drawing of the front, rear or side
Attachment 4, Page 14 of 47
Emergency Shelter. The use of a church, school, motel, hotel, or other structure for
housing the homeless on a short term basis due to a natural disaster or other reason.
Endangered Species Act (ESA). A Federal law established in 1973 that provides
significant protection for various species of fish, wildlife and plants facing extinction that
are listed as needing protection.
Engineer. A Registered Professional Engineer, licensed by the State of Oregon to
practice in a specific branch of engineering.
Engineering Design Standards and Procedures Manual (EDSPM). A document
containing design standards and procedures prepared by the Public Works Department
and adopted by resolution of the City Council. These standards and procedures are
applicable to public and private improvements and allow City staff to provide certainty to
developers and consultants to ensure safe, efficient, and cost effective transportation,
sanitary sewer, and stormwater management system projects within the City and its
Urban Growth Boundary.
Excavation. The mechanical removal of earth material.
Exempt Tree or Vegetation. The full height and breadth of vegetation that the Director
has identified as “solar friendly” as specified in this Code; and any vegetation listed on a
plat map, a document recorded with the plat, or a solar access guarantee as exempt.
Ex Parte, Communication. A communication made at the instance of, or for the benefit
of one party without notice to, contest by, or at least without an opportunity to be heard
being given to other parties who will be bound or directly affected by the communication.
Ex Parte, Proceeding. An action taken at the instance or benefit of one side only
without notice to, contest by, or without the opportunity to be heard by other parties who
will be bound or directly affected by the proceeding.
Extension, Floor Area. An increase in the amount of floor area within an existing
building.
Extension, Architectural. Architectural appendages, including, but not limited to,
cornices, eave overhangs, porches and balconies extending beyond an exterior wall of a
building. (See also Accessory Structure.)
Exterior. Any portion of the outside of an Historic Landmark Site or Structure or any
addition thereto which can be seen from a public place.
F
FCC. The Federal Communications Commission; the Federal agency that regulates
interstate and international communications by radio, television, wire, satellite and cable.
Fell. To remove or cut a tree or the intentional use of any procedure, the natural result of
which is to cause the death or substantial destruction of the tree. Fell does not include
normal trimming, pruning or topping of trees.
Deleted: Family
Deleted: . Two or more persons related by blood, legal
adoption, guardianship or marriage living together; or
unless modified by the Federal Fair Housing Law as it
relates to people with disabilities, a group of not more than
5 persons who need not be related (as above) living together in a dwelling unit.¶
Attachment 4, Page 15 of 47
Fence. A structure which serves as an enclosure, barrier or screen that is not part of a
building.
Fence, Sight Obscuring. A fence which screens an area or object, including, but not
limited to, solid wood or metal fences or slatted cyclone fences.
Fill. Sand, gravel, earth or other approved materials of any composition placed or
deposited on the earth's surface by humans.
Final Map. The finished drawing of the survey of a property line adjustment containing
information necessary to comply with this Code and requirements resulting from review
of the Preliminary Plan.
Final Site Plan. The plan containing information necessary to comply with this Code and
requirements resulting from review of the Preliminary Site Plan to which all construction
improvements must conform.
Final Survey. The recorded survey of a property line adjustment containing information
necessary to comply with this Code and any conditions of approval resulting from review
of the Preliminary Survey.
Finance Department. The Springfield Finance Department.
Finding. A written statement of facts, reasoning in support of conclusions, and
determinations based on the evidence presented in relation to adopted criteria that are
accepted by the Approval Authority in support of a decision.
Flood/Flooding. A general and temporary condition of partial or complete inundation of
normally dry land areas from the overflow of inland or tidal waters and/or the unusual
and rapid accumulation of run-off of surface waters from any source.
Flood, Base. The flood having a one percent chance of being equaled or exceeded in
any given year. Also referred to as the “100 year flood.” Designation on maps always
includes the letters A or V.
Flood Hazard, Area of Special. The land in the floodplain subject to a one percent or
greater chance of flooding in any given year. Designation on maps always includes the
letters A or V.
Flood Insurance Rate Map (FIRM). The official map on which the Federal Insurance
Administration has delineated both the areas of special flood hazards and the applicable
risk premium zones.
Flood Insurance Study. The official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the
water surface elevation of the base flood.
Flooding, Area of Shallow. A designated AO or AH Zone on the Flood Insurance Rate
Map (FIRM). The base flood depths range from one to three feet; a clearly defined
channel does not exist; the path of flooding is unpredictable and intermediate; and,
Attachment 4, Page 16 of 47
velocity flow may be evident. AO is characterized as sheet flow and AH indicates
ponding.
Floodway. The channel of a river or other watercourse and the adjacent land areas that
is reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than one foot.
Floor Area. The enclosed area of each full floor area a building measured to the
external face of the external walls.
Floor Area Ratio (FAR). The amount of floor area of a building or structure in relation to
the amount of site area, expressed in square feet. For example, a floor area ratio of 0.7
to 1 means 0.7 square feet of floor area for every one square foot of site area. FAR is
calculated by dividing the total floor area of building by the total site area. See Figure
6.1-C
Figure 6.1-C. Floor Area Ratio
Foster Home. Any dwelling or facility maintained and operated for the boarding and
housing of more than 5 children who are not related by blood or marriage to the
owner/operator of the dwelling or facility.
Fourplex. Four dwelling units on one lot or parcel. Units may be attached vertically or
horizontally or detached.
Commented [RM21]: HB 2583 makes this regulation
inapplicable. We likely cannot regulate foster homes differently
than single dwellings.
Attachment 4, Page 17 of 47
Fraternal Organization. A group of people formally organized for a common interest,
usually cultural, religious or entertainment, with regular meetings, rituals and formal
written membership requirements.
Frequent Transit Corridor. Arterial and collector roadways forming a Frequent Transit
Network, as identified in the adopted Springfield Transportation System Plan,
representing the highest order of transit service along major thoroughfares within the
City. Characteristics of Frequent Transit Network corridors include, but are not limited to:
10-15 minute transit frequency during peak travel times, a well-connected street and
transit network providing circulation integrated with pedestrian and bicycle connections,
support and compatibility with urban design goals for development along the corridors,
geographically equitable coverage serving populations protected by Title VI of the 1964
Civil Rights Act, and high-quality transit station amenities.
Front Façade. The façade with the main entry door and front porch or recessed entry.
Frontage. That portion of a lot or parcel that abuts a dedicated public alley, street, or
highway or an approved private alley, street, or shared court private access drive.
Future Development Plan. A line drawing (required for some land division proposals, or
building permits in the City’s urbanizable area) that includes the following information:
the location of future right-of-way dedications based on the Springfield Transportation
System Plan (including the Conceptual Street Map); block length and lot/parcel size
standards of the SDC; a re-division plan at a minimum urban density established in this
Code based on the existing Metro Plan designation of the property for any lot/parcel that
is large enough to further divide; and the location of hillsides, riparian areas, drainage
ways, jurisdictional wetlands and wooded areas showing how future development will
address preservation, protection or removal.
G
Garage. A completely enclosed accessory building or portion of a main building intended
for the parking of motor vehicles.
Garage, Repair. A building used for the repair of motor vehicles, including body and
fender work, painting, or engine and transmission overhaul.
Grade. The degree of rise or descent of a sloping surface.
Grade, Average Finished. The average finished ground level at the midpoint of all walls
of a building. Where walls are parallel to and within five feet of a sidewalk, alley or public
way, the ground level is measured at the elevation of the sidewalk, alley or public way.
Grade, Finished. The elevation of the surface of excavation or fill placement.
Grading. Any stripping, cutting, filling, stockpiling of earth or land, including the land in
its cut or filled condition.
Gross Acre/Gross Acreage. A measurement of land that occurs before public streets
or other areas reserved for public use are deducted from that land.
Commented [RM22]: Still use??? Search for term
Commented [RM23]: Kyle suggests or asks about adding alley
to this def?
Attachment 4, Page 18 of 47
Gross Density. See “Density, gross”.
Gross Floor Area. The total floor area of a building including areas used exclusively for
the service of a building; for example: mechanical equipment spaces and shafts;
elevators; stairways; escalators and ramps; public restrooms; and enclosed loading
docks or ramps.
Ground Cover. Grasses or nursery plants cultivated to keep soil from being blown or
washed away.
Group Care Home. Any dwelling or facility maintained and operated exclusively for the
care, boarding, housing and rehabilitation of more than 15 persons who are ill, physically
or mentally disabled, and/or elderly, the majority of whom generally do not drive an
automobile. This definition includes but is not limited to homes for the aged, nursing
homes and congregate care facilities.
H
Halfway House. Any dwelling or facility for the care, boarding and housing of more than
5 persons who have been released from institutional care or who are placed in lieu of
institutional care, i.e., work release programs.
Hazardous Materials. Those chemicals or substances which are physical or health
hazards as defined and classified in the most recently adopted or amended Fire Code by
the City, whether the materials are in usable or waste condition.
Hazardous Waste. Consistent with the Federal Resource Conservation and Recovery
Act, a waste or a combination of wastes, which because of its quantity, concentration, or
physical, chemical or infectious characteristics may cause or significantly contribute to
an increase in serious irreversible illness or pose a substantial present or potential
hazard to human health, safety, welfare or to the environment when improperly treated,
stored, transported, used or disposed of, or otherwise managed; however, not to include
solid or dissolved materials in irrigation return flows or industrial discharges which are
point sources subject to permits under the Federal Water Pollution Control Act of 1967
as amended, or source, special nuclear, or by product material as defined by the Atomic
Energy Act of 1954.
Hearings Authority. An individual or group designated to hear Type 3 applications for
land use decision.
Height. See “Building Height”.
Heliport. An area, either at ground level or elevated on a structure, licensed or approved
for the loading and takeoff of helicopters, and including auxiliary facilities, for example:
parking, waiting room, fueling and maintenance equipment.
Helistop. A heliport, but without auxiliary facilities, for example: parking, waiting room,
fueling and maintenance equipment.
High Impact Facility. A public or semi-public facility which serves development and
which requires pre-planning or discretionary approval and special design features to
Commented [RM24]: It appears that group care homes are
subject to HB 2583 so definition needs to remove "unrelated" or
"related" references and just stick to overall number of occupants.
Deleted: unrelated
Deleted: unrelated
Formatted: Font: Not Bold
Attachment 4, Page 19 of 47
mitigate land use conflicts, including, but not limited to, visual, olfactory, or auditory
impacts.
Highway Ready. Reference to a recreational vehicle that is on wheels or a jacking
system, is attached to the site only by quick disconnect type utilities and security
devices, and has no permanently attached additions.
Hillside Area. Any area in which the average slope exceeds 15 percent.
Historical Commission. The Springfield Historical Commission.
Historic Site. A structure or place of historic and cultural significance and designated
accordingly by the City, State or Federal Government.
Historic Landmark District. A geographic area designated in accordance with this
Code which includes Historic Landmark Sites or Structures.
Historic Landmark Inventory. A list of sites or structures which have been designated
“Historic Landmark” in accordance with this Code.
Historic Landmark Site or Structure. A building, structure, object, site or geographic
area, within the city limits and the City’s urbanizable areas, within or outside of a
designated Historic Landmark District, which has been listed on the Historic Landmark
Inventory.
Homeowner’s Association. A non-profit association governed by a declaration of
protective restrictions, conditions, covenants, and charges made by the developer
through which each lot/parcel owner or other described land area owner of a
development is automatically subject. The purpose of the homeowner's association is to
provide reasonable rules and regulations to enforce the covenants and restrictions and
to keep, control, and maintain the common properties within the development. The
association also provides for the assessment procedure to assure necessary funds. If
the property is to be developed in phases, all phases must belong to the same
association. The City Attorney must review drafts of the declaration prior to Final Plat
approval.
Hospital. A facility consisting of one or more buildings where health practitioners, allied
health professions and alternative caregivers provide diagnosis, care and treatment of
persons including convalescence and care during and after pregnancy, or for any other
reason, where patients may be admitted for short-stay, day surgery, emergency service
or overnight stay, or for a longer period.
Hotel. A building in which lodging is provided to guests for compensation, consisting of a
lobby and individual sleeping quarters, typically without cooking facilities, with separate
entrances opening directly to an internal hallway. Parking may be on-site or in a
separate parking structure.
Hybrid Multi-Way Boulevard. A street design that accomplishes the fundamental goal
of vehicular through traffic movement including transit facilities and also creates a
pedestrian-friendly environment by providing slip lanes for local traffic, on-street parking,
Attachment 4, Page 20 of 47
safe pedestrian and bicycle facilities, and by locating buildings closer to or at the right-of-
way line.
I
Impervious Surface. Any surface that either prevents or delays the infiltration of water
into the soil as it entered under natural conditions preexistent to development, and/or a
surface area that causes water to run off the surface in greater quantities or at an
increased rate of flow than prior to development. Common impervious surfaces include:
building roofs; traditional concrete or asphalt paving on walkways, driveways, parking
lots, gravel lots and roads; and heavily compacted earthen materials.
Improvement Agreement. A written agreement, executed by the property owner in
consideration for the City deferring the construction of public improvements required for
the development.
Incidental Equipment. Rooftop or pole mounted structures that cast insubstantial
shadows or have minimal visual impact, including, but not limited to: antennas,
chimneys, solar collectors, small satellite dishes and flagpoles, but excluding large
satellite dishes. (See also Accessory Structure.)
Increase in Impact/Increased Impact. This definition includes, but is not limited to,
additional traffic or noise generation, additional run-off or increase in impervious surface,
additional shadow casting or diminished views, additional air or water borne pollution,
additional hours of operation, or an increase in the risk of fire or structural hazard as the
result of development.
Incubator Development. Facilities that accommodate new business establishments
spun-off from the research, development, and testing laboratories of a major institution,
a related institution, or larger high- or bio-technology industry. If on-site manufacturing or
production capabilities are included within an incubator development, the establishment
will be classified as an industrial use.
Industrial Park. A development on one or more lots/parcels under common ownership
with two or more separate buildings that are designed, constructed and managed on an
integrated and coordinated basis. Industrial parks are intended to accommodate heavy
industrial uses as primary uses and office research and development, light
manufacturing, light assembly, warehousing and distribution, large administrative
headquarters, and other professional and administrative uses as secondary uses.
Infill. The development of vacant, bypassed lands located in an area that is mainly
developed.
Infill, residential:
(1) The development of up to four dwellings on land that is designated for residential
use where at least 75 percent of the abutting properties have a structure, but not
counting any abutting property that is large enough that it can be divided into five
or more lots, or is currently developed with multiple unit housing.
(2) A situation in which a single unit dwelling is removed to make way for up to four
new dwellings (e.g., a single unit dwelling, duplex, triplex, or fourplex).
Commented [RM25]: Def from MS4 permit. Track change
edits show potential changes to the MS4 def for the SDC.
Attachment 4, Page 21 of 47
(3) “Residential infill” does not apply to land that is large enough that it can be divided
into five or more lots consistent with the minimum lot size of the zoning district.
Invasive Plants. Non-native plants that spread quickly, are highly competitive and
difficult to control or eliminate. Introduced intentionally or accidentally through human
actions and spread by seed, by birds, by wind, or vegetatively, these exotic plants can
destroy native plants, choke waterways, degrade recreational areas and necessitate
costly maintenance. The Invasive Plants List is a listing of plants that the City considers
undesirable for use in landscaping within its jurisdiction.
Inventoried Natural Resource. Any scenic areas, water areas, vegetation, wildlife and
wildlife habitat that appears in an adopted Metro Plan Inventory.
J
Joint Use Access Agreement. A legally binding agreement between two or more
property owners describing the rights and responsibilities of each owner regarding the
use of a shared access to a public street.
K
Kennel. Any premises on which three or more dogs over the age of 6 months are
housed, groomed, boarded, trained or sold for compensation.
L
Land and Drainage Alteration Permit (LDAP). A City permit for any fill, grading and
excavation that is required before any site preparation work can begin.
Landscape Architect. A person registered with the State of Oregon to practice
Landscape Architecture.
Landscaping. The term “landscaping” includes, but is not limited to, vegetative ground
cover, grass, shrubs, trees, flowers and garden areas, ornamental concrete or
stonework areas, permanent outdoor furniture and permanent irrigation. “Landscaping”
also includes retention or reintroduction of native vegetation.
Land Use Decision. A final decision or determination made by the Planning
Commission, Hearings Official or City Council that concerns the adoption, amendment or
application of the Statewide Planning Goals; a Metro Plan or refinement plan provision; a
land use regulation; or new land use regulation. This definition does not include a
decision which does not require interpretation or the exercise of factual, policy, or legal
judgment; approves, approves with conditions or denies a subdivision or partition; or
approves or denies a building permit.
LEED (Leadership in Energy and Environmental Design). A nationally accepted
benchmark for the design, construction and operation of high-performance, energy-
efficient buildings.
Light Industrial Manufacturing. The secondary processing of previously prepared
materials into components or the assembly of components into finished products. In the
Campus Industrial District this use is divided into categories as follows based upon the
number of employees at occupancy: large-scale means 50 or more employees; medium-
Attachment 4, Page 22 of 47
scale means 20—49 employees; small-scale means fewer than 20 employees per
business. These thresholds are applicable at the time of new development. In the case
of redevelopment, the Director may reduce these thresholds if the applicant submits a
business plan stating that the threshold can be met by a date certain.
Linear Park. A public or private park that provides public access to trail-oriented
activities, which may include walking, running, biking, or skating, and preserves open
space. A linear park consists of a multi-use path, pedestrian trail, or bikeway, and related
facilities.
Listed Species. The Endangered Species Act provides for listing plant and animal
species into the following categories: Listed Endangered Species and Listed Threatened
Species. An endangered species is an animal or plant listed by regulation as being in
danger of extinction. A threatened species is any animal or plant that is likely to become
endangered within the foreseeable future.
Live/Work Unit. An integrated dwelling unit and working space that is occupied and
utilized by a single housekeeping unit in a structure that has been modified or designed
to accommodate joint residential occupancy and work activity. The live/work unit must
include complete kitchen and sanitary facilities in compliance with applicable building
standards. The working space must be reserved for and regularly used by one or more
occupants of the unit (e.g., professionals, entrepreneurs, and artists), in addition to any
other employees. The commercial/employment use must be allowed only as permitted
by the applicable zoning district.
Loading Space. An off-street space or berth serving a business for the temporary
parking of commercial vehicles while loading or unloading, while not block driveway
aisles and having an appropriate means of ingress and egress.
Lot. A portion of land shown as part of a recorded subdivision or any area of land
described by metes and bounds in a recorded deed, record of survey or other
appropriate document, recorded in the office of the County Recorder that complies with
the provisions of the State of Oregon and this Code. Unless specifically exempted, land
that is divided or reconfigured without having been approved in accordance with this
Code cannot be deemed a buildable lot.
Lot Coverage. The area of a lot, parcel, property, or development area covered with
structure.
Lot/Parcel, Corner. A lot/parcel abutting two or more streets at their intersection, in
which the interior angle formed by the extensions of the street lines is 135 degrees or
less. In the event that any street line is a curve at its point of intersection with a lot/parcel
line other than a street line, the tangent of the curve at the point is considered the
direction of the street line.
Lot/Parcel Depth. The distance from the midpoint of the front lot/parcel line to the
midpoint of the rear lot/parcel line.
Lot/Parcel Dimension, North-South. The length of a line beginning at the midpoint of
the northern lot/parcel line and extending in a southerly direction perpendicular to the
northern lot/parcel line until it reaches a property boundary.
Attachment 4, Page 23 of 47
Lot/Parcel Frontage. That portion of a lot/parcel which abuts a street. For the purpose
of determining yard requirements, all sides of a lot/parcel abutting a street is considered
frontage.
Lot/Parcel, Interior. A lot/parcel other than a corner lot/parcel and having frontage on
only one street.
Lot/Parcel Line. A line of record bounding a lot/parcel which divides one lot/parcel from
another or from a public or private street or any other public space.
Lot/Parcel Line, Front. The lot/parcel line abutting a street right-of-way. Where more
than one lot/parcel line abuts street right-of-way, the property address determines the
front lot/parcel line. For purposes of the solar access standards, it is the lot/parcel line
abutting a street. For corner lots/parcels, the front lot/parcel line is that with the
narrowest frontage. When the lot/parcel line abutting a street is curved, the front
lot/parcel line is the chord or straight line connecting the ends of the curve. For a
panhandle lot/parcel, the front lot/parcel line is the lot/parcel line that is most parallel to
and closest to the street, excluding the handle portion of the lot/parcel.
Lot/Parcel Line, Northern. The lot/parcel line that is the smallest angle from a line
drawn true east-west and intersecting the northernmost point of the lot/parcel, excluding
the handle portion of a panhandle lot/parcel. If the north line adjoins an un-developable
area other than a required yard area, the northern lot/parcel line is at the north edge of
the un-developable area. If two lot/parcel lines have an identical angle relative to a line
drawn true east-west, then the northern lot/parcel line is a line 10 feet in length within the
lot/parcel parallel with and at a maximum distance from the front lot/parcel line.
Lot/Parcel Line, Rear. The lot/parcel line which is opposite and most distant from the
front lot/parcel line. For a triangular shaped lot/parcel, the “rear lot/parcel line” is a line
10 feet in length entirely within the lot/parcel, connecting the side lot/parcel lines, which
is parallel to the front lot/parcel line or parallel to the chord of a curved front lot/parcel
line.
Lot/Parcel Line, Side. Any lot/parcel line other than a front or rear lot/parcel line.
Lot/Parcel, Minimum Area of. The smallest lot/parcel area established by this Code on
which a use or structure may be located in a particular district.
Lot/Parcel, Panhandle. A lot/parcel which has access to a public right-of-way by means
of a narrow strip of land, commonly known as the “panhandle” or “handle.”
Lot/Parcel, Pan Portion. The portion of a panhandle lot/parcel, exclusive of the handle,
on which a structure may be placed.
Lot/Parcel, Through. A lot/parcel which fronts upon two streets which do not intersect
at the boundaries of the lot/parcel.
Lot/Parcel Width. The horizontal distance between the midpoints of the side lot/parcel
lines. The handle of a panhandle lot/parcel is not included when computing lot/parcel
width.
Attachment 4, Page 24 of 47
Lowest Floor. The lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building
access or storage, in an area other than a basement area, is not considered a building's
lowest floor, provided that the enclosure is not built to render the structure in violation of
the applicable non-elevation design requirements.
Low Impact Facility. Any public or semi-public facility that has minimal olfactory, visual
or auditory impacts which is permitted subject to the design standards of this Code.
M
Maintain. To continue in existence; to preserve and care for a development area so that
it remains attractive and functional in accordance with the provisions of this Code.
Maintenance Inspection. A site inspection that identifies precisely what must be done
to a development previously approved by the City in order to comply with standards and
conditions in effect when the development was originally approved.
Major Electrical Transmission Line. An electrical transmission line which carries 115
KV or more of electricity.
Mall. A shopping center where stores front on both sides of a pedestrian way which may
be enclosed or open.
Manufactured Dwelling. A residential trailer, mobile home, or manufactured home.
(1) Residential Trailer. A structure constructed for movement on the public highways
that has sleeping, cooking, and plumbing facilities, that is intended for human
occupancy that is being used for residential purposes and was constructed before
January 1, 1962.
(2) Mobile Home. A structure constructed for movement on the public highways that
has sleeping, cooking, and plumbing facilities, that is intended for human
occupancy, that is being used for residential purposes and that was constructed
between January 1, 1962 and June 15, 1976, and met the construction
requirements of Oregon mobile home law in effect at the time of construction.
(3) Manufactured Home. A structure constructed for movement on the public
highways that has sleeping, cooking, and plumbing facilities, that is intended for
human occupancy, and was constructed on or after June 15, 1976 in accordance
with federal manufactured housing construction and safety standards in effect at
the time of construction.
Manufactured Dwelling Park. Any place where 4 or more manufactured dwellings are
located within 500 feet of one another on a lot/parcel or tract under the same ownership,
the primary purpose of which is to rent space to any person for a charge or fee paid or to
be paid for the rental use of facilities or to offer space free in connection with securing
the trade or patronage of the person. Manufactured dwelling park does not include a lot
located within an approved subdivision being rented or leased for occupancy by no more
Commented [RM26]: Is the term modular home defined by
state? Kyle askes if the term modular home should be included.
Attachment 4, Page 25 of 47
than one mobile home per lot if the subdivision was approved by local government unit
having jurisdiction under an ordinance adopted pursuant to ORS 92.010 to 92.190.
Manufactured Dwelling Pad. A paved space in a manufactured dwelling park for the
placement of a manufactured dwelling that includes utility connections.
Manufactured Dwelling Space. Any portion of a manufactured dwelling park which is
designated or used for occupancy of one manufactured dwelling, including its accessory
structures and its outdoor living areas, but exclusive of space provided for the common
use of tenants for example, roadways and guest parking.
Manufactured Dwelling Space Line. A line within a manufactured dwelling park which
establishes setback distances from streets, accessory buildings or structures and other
manufactured dwellings.
Marijuana. The plant Cannabis family Cannabaceae, any part of the plant of the
Cannabis family Cannabaceae and the seeds of the plant Cannabis family
Cannabaceae. “Marijuana” does not include industrial hemp, as defined in ORS
571.300.
Marijuana Business. Any person or entity appropriately licensed by the Oregon Health
Authority or the Oregon Liquor Control Commission that sells, produces, cultivates,
grows, wholesales, processes, researches, develops or tests medical marijuana or
recreational adult use marijuana within the City of Springfield.
Marijuana Grow Sites. A specific location registered by the Oregon Health Authority
and used by the grower to produce marijuana for medical use by a specific patient.
Marijuana Items. Marijuana, cannabinoid products, cannabinoid concentrates and
cannabinoid extracts.
Marijuana Processing. The preparing, compounding, testing or conversion of marijuana
into cannabinoid products, cannabinoid concentrates, and cannabinoid extracts for
medical or recreational purposes.
Marijuana Production. The manufacture, planting, cultivation, growing, or harvesting of
marijuana as licensed by the Oregon Liquor Control Commission or Oregon Health
Authority.
Marijuana Retailer. A person or entity licensed by the Oregon Liquor Control
Commission or Oregon Health Authority to sell marijuana items to a consumer in this
state.
Marijuana Retail Outlet. A business location that sells marijuana items to a consumer
or patient.
Marijuana Testing Laboratory. A laboratory that tests marijuana items for producer,
processor, wholesaler or retail outlets.
Marijuana Wholesaler. A person or entity that purchases marijuana items in this state
for resale to a person other than a consumer.
Attachment 4, Page 26 of 47
Market Area. The geographic area from which a particular use can reasonably expect to
attract customers.
Master Planned Community. Add the def. from OAR 660-046-0020(10)?
Medical Marijuana Dispensary. A medical marijuana facility or entity registered with the
Oregon Health Authority under ORS 475.300.
Metro Plan/Eugene-Springfield Metropolitan Area General Plan. The general land
use plan and policies for the Eugene/Springfield metropolitan area including any
subordinate refinement plan or functional plan. The controlling land use document for
urban, urbanizable and rural land under the jurisdiction of the Metro Plan.
Mid-Block Connector. A narrow street and/or a bicycle/pedestrian corridor not less than
20 feet in width that reduces larger blocks to more walkable dimensions (250 to 350 feet
maximum). A mid-block connector may be a public right-of-way or privately owned and
may include active use frontages with overlooking windows and pedestrian-level lighting.
Limited service or parking access to the interior of a block is encouraged. On-street
public parking may be provided, where feasible. Sidewalks may be located on each side
of a two-way street or on one side for a one-way street. A non-vehicular connector must
be designed as a “24-7” publicly accessible bicycle/pedestrian way.
Middle Housing. Duplexes, triplexes, fourplexes, cottage cluster housing, and
townhomes.
Minerals. Includes soil, coal, stone, crushed hard rock quarry products, metallic ore and
any other solid material or substance excavated for commercial, industrial or
construction use from natural deposits. “Minerals” do not include loam, sand, gravel or
other aggregate materials created and/or deposited by water movement.
Minimum Level of Key Urban Services. The minimum level of facilities and services
that are provided to an area in an orderly and efficient manner to allow urban
development to occur. They consist of sanitary sewers, solid waste management, water
service, fire protection, police protection, parks and recreation programs, electric service,
land use controls, communications facilities, public schools on a district-wide basis, and
paved streets with adequate provision for storm-water run-off and pedestrian travel.
Mining Spoils. All waste materials, solid, rock, mineral, liquid, vegetation and other
materials resulting from or displaced by quarry and mining extraction operations within
the operating permit area, including all waste materials deposited in or upon lands within
the operating permit area.
Mini-Warehouse. A building or group of buildings in a controlled-access and fenced
compound that contains varying sizes of individual, compartmentalized, and controlled-
access stalls or lockers for the storage of a customer's goods or wares. No sales,
service, or repair activities other than the rental of storage units are permitted on the
premises.
Mixed-Use Building or Development. A building or development characterized by
either a vertical or horizontal physical integration of uses. A mixed-use building is a
Commented [RM27]: See also new def for Sufficient
Infrastructure from HB 2001.
Attachment 4, Page 27 of 47
structure at least two stories in height that includes a mix of uses such as retail and
office uses, residential and commercial uses, or commercial and light industrial uses. A
mixed-use development includes multiple buildings, usually of multiple stories, designed
to assure a diversity of compatible land uses that may include a mixture of residential,
office, retail, services, recreational, live/work units, flex space uses, and other
miscellaneous uses allowed in a zoning district.
Modification. A request submitted to change a final approval of any development
proposal or a modification as may be permitted to a Plan District development or building
standards.
Modification of application. The applicant’s submittal of new information after an
application has been deemed complete and prior to the close of the record on a pending
application that would modify a development proposal by changing one or more of the
following described components: proposed uses, operating characteristics, intensity,
scale, site layout (including but not limited to changes in setbacks, access points,
building design, size or orientation, parking, traffic or pedestrian circulation plans), or
landscaping in a manner that requires the application of new criteria to the proposal or
that would require the findings of fact to be changed. It does not mean an applicant’s
submission of new evidence that merely clarifies or supports the pending application.
Motel. A building or group of buildings in which lodging is provided to guests for
compensation, consisting of individual sleeping quarters, with or without cooking
facilities, with separate entrances opening directly on a parking area.
Multi-Use Path. A paved facility intended to be used by pedestrians, skaters (inline or
roller), and bicyclists that has no or minimal cross-flow by motor vehicles. The multi-use
path is generally designed for two-way travel. The multi-use path may be separated from
and aligned with the public right-of-way within an easement or located within the public
right-of-way.
Multiple Unit Housing. Five or more dwelling units on an individual lot or parcel, except
for Cottage Cluster housing, and not counting Accessory Dwelling Units (ADUs).
N
National Register of Historic Places. The official list, established by the National
Historic Preservation Act, of sites, districts, buildings, structures and objects significant in
the nation's history or whose artistic or architectural value is recognized.
Native Plants, Native Vegetation. Plant species that are indigenous to a local area and
adaptable to the local climate, soils and hydrology as distinguished from plant species
that have been deliberately or accidentally imported or introduced from other areas by
humans or human activities.
Natural Resources. These include, but are not limited to, water and geologic features,
significant natural vegetation, wildlife habitats and archaeological and scenic resources
as inventoried in the working papers of the Metro Plan.
Neighborhood Activity Center. Any public park or recreation facility, public or private
school, government service, commercially zoned property, or mixed-use zoned property.
Commented [RM28]: Still needed? Where is this term used?
Search for it.
Comment from Molly. This term might be referenced in the Main
Street Vision Plan.
Attachment 4, Page 28 of 47
Neighborhood Park. A park, traditionally from 5 acres to 15 acres in size, which
provides easily accessible recreation areas serving neighborhood citizens and providing
high density active or passive use.
Neighboring. The area in the immediate vicinity of a proposed development that would
be materially affected by a proposal.
Net Density. See “Density, net”.
Noise Attenuating Barrier. A structural barrier designed and constructed with the
primary function of containing sound within a specific use area.
Noise Sensitive Property. Real property normally used for sleeping, or normally used
for schools, churches, hospitals or public libraries, excluding industrially related
residential uses, i.e., night watchman quarters.
Non-Commercial Agricultural Uses. The raising of crops, plants or farm animals on
property where allowed by this Code for the sole use of the owners or tenants of that
property and not for wholesale or retail sale.
Non-Exempt Tree or Vegetation. Vegetation that is not exempt from the solar access
regulations.
Notice. The announcement of a decision of the Director by mail to adjacent property
owners/occupants within 300 feet of the subject property indicating the nature of the
decision and the method of appeal; the announcement of a public hearing by mail to
property owners/occupants within 300 feet of the subject property and advertisement in
a newspaper of general circulation in the area, indicating the time, place and nature of
the public hearing in compliance with ORS 197.762.
NPDES. National Pollutant Discharge Elimination System.
O
OAR. Oregon Administrative Rule.
Official Zoning Maps. Maps delineating the boundaries of the various zoning districts
within the city limits and the City’s urbanizable area that are adopted by ordinance and
maintained by the Development Services Department.
Occupancy, Certificate of. A required certificate allowing occupancy of a structure or
development area after it has been determined that the requirements of this Code and
other applicable Codes have been met. No structure or development area may be
occupied without having first received a Certificate of Occupancy.
Open Space. Land or water essentially unimproved and set aside, dedicated, designed
or reserved for public use or enjoyment, or for the use and enjoyment of owners and
occupants of land abutting or neighboring the open space.
Open Space, Common. Land normally within or related to a development, not
individually owned or dedicated for public use, which is designed and intended for the
common use or enjoyment of the residents of the development and may include
Attachment 4, Page 29 of 47
recreational and other accessory structures and improvements in accordance with this
Code.
Open Space, Private. Areas intended for the private use of an individual dwelling unit,
normally including patios and landscaped areas; not to include off-street parking,
maneuvering, loading or delivery areas, and designed for outdoor living and recreation.
Open Space, Public. Areas intended for public use, either privately owned and
maintained or dedicated to the City, normally including swimming pools, recreation
courts, patios, open landscaped areas, and greenbelts with pedestrian, equestrian, and
bicycle trails, not to include off-street parking or loading areas or driveways, and
designed for outdoor living and recreation or the retention of an area in its natural state.
ORS. Oregon Revised Statutes.
Outdoor Storage. The keeping in an unroofed area of any goods, junk, material,
merchandise or vehicles for more than 24 hours.
Outdoor Storage Area. A primary use that occurs on property for the purpose of
outdoor storage of vehicles, equipment or materials, including, but not limited to, vehicle,
equipment and boat sales or rental lots; commercial storage lots; mobile/manufactured
home, camper and RV sales lots; fleet parking lots; and lumber, gardening, fuel and
other similar building material yards.
Outdoor Storage Yard. A secondary use that occurs on any property for the purpose of
the outdoor storage of associated materials and equipment, other than wrecking yards.
Outfall. The point of discharge from a river, pipe, drain or other device to a receiving
watercourse.
Overburden. The soil, rock and similar materials that lie above natural deposits or
minerals.
Owner. An individual, firm, association, syndicate, partnership or corporation having
proprietary interest to seek development of land.
P
Parcel. This term includes a unit of land created by partitioning land as defined in ORS
92.010 that is in compliance with this Code and in the case of Property Line
Adjustments, properties created by deed or land sales contract, if there were no
applicable planning, zoning, or partitioning ordinances or regulations. A Parcel does not
include a unit of land created solely to establish a separate tax account.
Parking. The temporary storage of operational motor vehicles that are not for sale, lease
or rent and which are intended to be used for customers and employees of a business
and industry or residents and visitors in a residential development.
Parking Bay. An extension of the width of a street that allows for the parking of motor
vehicles, usually associated with hillside development.
Attachment 4, Page 30 of 47
Parking Lot. An off-street area with a permanently maintained paved surface, for the
parking of motor vehicles.
Parking Space. A permanently maintained paved surface with proper access for one
standard size or compact automobile.
Parking Space, Disabled. A parking space that is reserved for use by disabled persons
who hold the appropriate permit issued by the Oregon Department of Motor Vehicles
and/or the Springfield Police Department.
Parking Space, Off-Street. An approved space for the parking of a motor vehicle which
is not located on a dedicated street right-of-way.
Partition Land. The division of land into two or three parcels within a calendar year, but
does not include:
(1) A division of land resulting from a lien foreclosure, foreclosure of a recorded contract
for the sale of real property or the creation of cemetery lots;
(2) An adjustment of a property line by the relocation of boundaries where an additional
unit of land is not created and where the existing unit of land reduced in size by the
adjustment is not in conflict with any applicable Ordinance;
(3) A sale or grant by a person to a public agency or public body for State highway,
county road, city street or other right-of-way purposes provided that the road or right-
of-way complies with the applicable comprehensive plan and ORS 215.213(2)(q) to
(s) and 215.283(2)(q) to (s). However, any property divided by the sale or grant of
property for State highway, county road, city street or other right-of-way purposes
continue to be considered a single unit of land until the property is further subdivided
or partitioned;
(4) The division of land resulting from the recording of a subdivision or condominium
plat; or
(5) A sale or grant by a public agency or public body of excess property resulting from
the acquisition of land by the State, a political subdivision or special district for
highways, county roads, city streets or other right-of-way purposes when the sale or
grant is part of a property line adjustment incorporating the excess right-of-way into
adjacent property. The property line adjustment must be approved or disapproved by
the applicable local government. If the property line adjustment is approved, it must
be recorded in the deed records of the county where the property is located.
Partition Plat. A final map and other writing containing all the descriptions, locations,
specifications, provisions and information concerning a partition.
Party. The following persons or entities are defined as parties:
(1) The applicant and all owners or contract purchasers of record, as shown in the files
in the Lane County Department of Assessment and Taxation, of the property which is
the subject of the application.
Commented [RM29]: Check procedures
Attachment 4, Page 31 of 47
(2) Any person who makes an appearance and/or submits testimony to the Approval
Authority.
Pedestrian Trail. A surfaced path that is designed and reserved for the exclusive use of
pedestrian travel.
Pedestrian Way. A paved right-of-way through a block to facilitate pedestrian access to
adjacent streets and properties.
Permanent Irrigation System. An approved water piping system installed underground
for the purpose of irrigating all portions of landscaped areas.
Permit. Discretionary approval of a proposed development of land. “Permit” does not
include:
(1) A limited land use decision;
(2) A decision which determines the appropriate zoning classification for a particular use
by applying criteria or performance standards defining the uses permitted within the
zone, and the determination applies only to land within an urban growth boundary;
(3) A decision which determines final engineering design, construction, operation,
maintenance, repair, or preservation of a transportation facility which is otherwise
authorized by and consistent with the comprehensive plan and land use regulations;
or
(4) An expedited land division.
Person. An individual, corporation, governmental agency, business trust, estate,
partnership, association, or any other legal entity.
Petition for Improvement. A petition submitted for construction and improvements as
required by this Code.
Physical Features. These features include, but are not limited to, significant clusters of
trees and shrubs, watercourses shown on the Water Quality Limited Watercourse Map
and their riparian areas, wetlands and rock outcroppings.
Pipeline. A line of pipe with pumps, valves and control devices for conveying liquid,
gasses or finely divided solids.
Place of worship. A place for people to gather for religious activity. Examples include
church, synagogue, mosque, chapel, or meeting house. Includes associated uses as
described in SDC 4.7.370. (ORS 227.500)
Plan District. A planning tool that addresses concerns unique to an area when other
zoning tools cannot achieve the desired results. An area may be unique based on
natural, economic or historic attributes; be subject to problems from rapid transition in
land use; or contain public facilities that require specific land use regulations for their
efficient operation. Plan Districts provide a means to modify zoning regulations for
specific areas defined in special plans or studies. Each Plan District has its own
Commented [RM30]: From ORS 227.160(2)
Attachment 4, Page 32 of 47
nontransferable regulations. This contrasts with base zone and overlay zone provisions,
which are intended to be applicable in more than one area. However, Plan Districts are
not intended for small areas or individual properties.
Planning Commission. The Springfield Planning Commission.
Planted. Landscaping with living plant materials consistent with SDC 4.4.100.
Plat. A map, containing all the descriptions, locations, specifications, dedications,
provisions or other information concerning a subdivision, partition or replat of either.
Plot Plan. A rough sketch map of a site plan or land division of sufficient accuracy to be
used for the purpose of the identification of issues and development impacts.
Prefabricated Dwelling. A building or structural unit that has been in whole or
substantial part manufactured at an off-site location to be wholly or partially assembled
on-site, but does not include a mobile home, trailer or recreational vehicle. Prefabricated
structures are regulated under the State of Oregon Structural Specialty Code.
Preliminary Approval. The approval prior to Final Approval, after specific elements of a
development or Site Plan have been approved by the Approval Authority and agreed to
by the applicant.
Preliminary Plan. A clearly legible drawing of the proposed lay out of the lots/parcels
involved in a property line adjustment which provides a basis for the Approval Authority
to approve or disapprove the application.
Primary Structure. A structure of chief importance or function on a site. In general, the
primary use is carried out in a primary structure. However, in the R-1 District (unless
specified elsewhere in this Code), a site may have more than one primary structure. The
difference between primary and accessory structure is determined by comparing the
size, placement, similarity of design, use of common building materials and the
orientation of the structures on the site (See also Accessory Structure and Accessory
Dwelling Unit).
Private Elementary/Middle Schools. A facility operated by a person or private agency
offering education in kindergarten and/or grades 1-8 or any part thereof not as defined in
ORS 345.505 et. seq.
Private Park. A park available for public use owned by a non-public agency or private
individual.
Properly Functioning Condition. The state of the physical, chemical, and biological
aspects of watershed ecosystems that will sustain healthy salmonid populations.
Properly functioning condition generally defines a range of values for several
measurable criteria rather than specific, absolute values, including, but not limited to,
hydraulic run-off, transport, channel migration, native vegetation succession.
Property line. A line which divides one property from another or from a public or private
street or any other public space.
Deleted: Low Density Residential
Deleted:
Attachment 4, Page 33 of 47
Property Line Adjustment. The relocation of a common property line between two
abutting properties.
Public Facilities Plan. A Refinement Plan of the Metro Plan addressing sanitary and
storm sewers, water distribution systems and transportation. The transportation element
is addressed through the TransPlan.
Public Hearing. A meeting announced and advertised in advance that is open to the
public, with the public given an opportunity to provide testimony.
Public Utility Facility. Structures, facilities and equipment necessary to serve
development by a government, public utility, utility cooperative, or private company.
(1) Low Impact. Telephone and cable telephone lines, poles, junction boxes,
exchanges and repeater stations; electric power distribution lines (less than 69 KV)
and poles; sanitary sewer pipe lines, pumps or lift stations; storm sewer pipe lines,
ditches and other storm-water management or water quality ponds, wetland, or
swales; gas distribution pipe lines; water pipe lines, valves, well fields, pump stations
and attendant facilities; water reservoirs and water storage tanks less than 300,000
gallons or 30 feet in height, and water treatment facilities, including filtration plants,
less than 2.5 million gallon capacity per day.
(2) High Impact. Electric power transmission lines (greater than 69 KV), poles and
substations; gas pipe line valve stations; sanitary sewer treatment plants or effluent
ponds; water reservoirs and water storage tanks greater than 300,000 gallons or 30
feet in height; water treatment facilities, including filtration plants greater than 2.5
million gallon capacity per day; fire/ambulance stations.
Q
Quarry and Mining Extraction Operation. All or any part of the process of removing
mineral deposits exposed by any method, including open-pit mining operations, auger
mining operations, shaft mining, the construction of borrow pits, processing of extracted
minerals and exploration activities. Expansion of a quarry and mining extraction
operation is the enlargement of the operation requiring the modification of the
Reclamation Permit specified under ORS 517.790. Quarry mining and extraction
operation does not include normal road maintenance and stabilization of hillsides.
Quarry and Mining Operator. Any individual, public or private corporation, political
subdivision, agency, board or department of this State, any municipality, partnership,
association, firm, trust, estate or any other legal entity whatsoever that is engaged in
quarry and extraction operations.
Quarry and Mining Owner. The person possessing legal rights to the mineral deposit
being mined.
R
Reclamation. The employment of procedures in a quarry and mining extraction
operation designed to minimize as much as practicable the impact the operations have
on the environment, and to provide for the rehabilitation of land effected by the
operations. Reclamation includes the rehabilitation of plant cover, soil stabilization, water
Attachment 4, Page 34 of 47
resource protection and other measures appropriate to the subsequent beneficial use of
the mined and reclaimed lands.
Reclamation Permit. Permission to operate a quarry and mining extraction operation (to
include a plan for reclamation) granted to an operator by the State Department of
Geology and Mineral Industries under the requirements of ORS 517.790, upon referral,
review and approval by the Director.
Recreation Center, Community. A public, indoor facility providing for a variety of
recreation/leisure-related activities, for example: swimming, meetings, court sports, arts
and crafts, dancing, banquets, parties, games, day-care, classes/instruction,
performances, fitness/exercise, and social referral services.
Recreational Marijuana. Any marijuana intended for recreational use which meets all
requirements for recreational marijuana contained in this Chapter, Oregon state law, and
any other applicable law.
Recreational Vehicle (RV). A vacation trailer or other unit, with or without motive power,
which is designed for human occupancy and to be used temporarily for recreational,
seasonal or emergency purposes and has a gross floor space of less than 400 square
feet. The term includes camping trailers, camping vehicles, motor homes, park trailers,
bus conversions, van conversions, tent trailers, travel trailers, truck campers and any
vehicle converted for use or partial use as a recreational vehicle. The unit must be
identified as a recreational vehicle by the manufacturer or converter.
Redevelopment. A project that entails construction activities, occurs on a previously
developed site and results in the addition or replacement of impervious surface.
Redevelopment does not include: Maintenance activities; Construction Activities
conducted to ameliorate a public health or safety emergency or natural disaster; and/or
Construction Activities within an existing footprint to repair or replace a site or a structure
damaged by a public health or safety emergency or natural disaster.
Refinement Plan Diagram. A map contained in a Refinement Plan showing plan
designations that are more specific than shown on the Metro Plan Diagram.
Regional Headquarters. A building or portion of a building in which persons are
employed in the regional management or direction of a business consisting of a number
of divisions or a regional subsidiary of a corporate headquarters. The divisions can be
either geographical or located within one building. To be considered a regional
headquarters, the business must meet the applicable employee threshold specified
elsewhere in this Code. Businesses that do not meet the applicable employee threshold
is considered an administrative office.
Regional Park. A large area of natural quality for outdoor recreation for example,
swimming, boating, camping and picnicking, and for wildlife habitat and natural resource
conservation. Generally comprising 100 acres or more, where 80 percent of the land is
reserved for natural open space and 20 percent is used for recreation development.
Registered or Certified Family Child Care Home. See Definition for Childcare Facility.
Also see ORS 329A.
Commented [RM31]: Def from MS4 permit.
Commented [RM32]: Ok to cite to ORS?
Attachment 4, Page 35 of 47
Registered Geologist. A person who is registered as a geologist by the State of
Oregon.
Replat, Major. The elimination and/or relocation of more than two exterior and/or interior
common boundary lines or property lines within a recorded Subdivision; or an increase
in the number of lots; or decrease of two or more lots within a recorded Subdivision.
Replat, Minor. The elimination and/or relocation of no more than two exterior and/or
interior common boundary lines or property lines within a recorded Subdivision or
Partition; or a decrease of one lot/parcel within a recorded Subdivision or Partition.
Relocation. A shift or rotation of a common boundary between two abutting lots or
parcels.
Research and Development. The study, testing, analysis, and development of
products, processes, or services, including the manufacturing of products. This use is
divided into categories as follows based upon the number of employees at occupancy:
large-scale means 50 or more employees; medium-scale means 20-49 employees;
small scale means fewer than 20 employees per business. These thresholds are
applicable at the time of new development. In the case of redevelopment, the Director
may reduce the at occupancy threshold if the applicant submits a business plan stating
that the threshold can be met by a date certain.
Reserve Strip. A strip of property, usually one foot wide, controlling access to a street.
Residential Care Facility. A facility licensed under ORS 443.400 to 443.455 that
provides residential care in one or more buildings on contiguous properties:
(1) For six or more socially dependent individuals or individuals with physical disabilities;
or
(2) For fewer than six socially dependent individuals or individuals with physical
disabilities if the purpose of the facility is to serve individuals with co-occurring
behavioral health needs who are more appropriately served in smaller settings.
Residential Home. A home licensed by or under the authority of the Department of
Human Resources under ORS 443.400 to 443.825 which provides residential care alone
or in conjunction with treatment or training or a combination thereof for five or fewer
individuals who need not be related. Staff persons required to meet Department of
Human Resources licensing requirements must not be counted in the number of facility
residents, and need not be related to each other or to any other resident of the
residential home. This definition includes residential treatment homes, residential
training homes and adult foster homes.
Residential infill. See “Infill, residential”.
Residential use. Of, relating to, or connected with a residence or residences.
Retail Sales. Establishments engaged in selling goods or services to the general public
for personal or household consumption. Retail trade may include wholesale trade, but
only as a secondary use.
Commented [RM33]: See ORS 443.400(7)
Commented [RM34]: This language can stay under HB 2583
because we are not regulating based on related or unrelated status
‐ this "need not be related" language just clarifies no relationship is
considered.
Commented [MR35]: See new code section 3.2.235(D)(4).
Attachment 4, Page 36 of 47
Retaining Wall. An engineered structure constructed to hold back or support an earthen
bank.
Review Authority. The Director, Planning Commission, Hearings Official, or City
Council of the City of Springfield.
Right-of-Way. Land acquired by purchase, reservation, dedication, forced dedication,
prescription or condemnation intended to be occupied by a street, crosswalk, railroad,
electric transmission lines, oil or gas pipeline, water line, sanitary/storm sewer and other
similar facilities.
Riparian Area. Riparian areas are vegetated areas (generally consisting of trees,
shrubs, and grasses) located along both sides of water bodies and are transitional
boundaries between land and water environments. Riparian zones act as buffers to
protect surface waters from contamination and are habitats for a large variety of animals
and birds.
Riparian Area Functions. These functions include, but are not limited to, maintaining
temperature; maintaining channel stability; providing flood storage; providing
groundwater recharge; removing sediments; reducing contaminants, for example,
excess nutrients, oils and grease, metals, and fecal coliform; moderating stormwater
flows; and providing fish and wildlife habitat. Degraded riparian function means that one
or more of the functions listed above are at risk.
Roadway. The portion of a street right-of-way used for vehicular traffic.
Rooming House. A building or portion thereof where lodging, but not meals, is provided
for more than two weeks for compensation. This definition excludes bed and breakfast
facilities.
Run-Off. Water that flows across the land surface rather than being absorbed.
S
Safe Drinking Water Act (SDWA). A federal law established in 1974, to protect drinking
water and its sources (rivers, lakes, reservoirs, springs, and ground water) and sets
standards for drinking water quality and oversees the states, localities, and water
suppliers who implement those standards.
School. A building where individuals gather to receive educational instruction, either
public or private, except as otherwise specifically defined in this Code. School does not
include a childcare facility as defined in this Chapter.
Screen. A visual barrier obscuring an abutting or neighboring structure or use by
fencing, walls, berms, or densely planted vegetation.
Service Station. An establishment selling fuel and oil for vehicles which may include the
following additional services: selling, servicing and installing tires, batteries, accessories
and related products; furnishing minor repair and service when conducted entirely within
an enclosed building, and at which incidental services are conducted. “Minor repair and
Attachment 4, Page 37 of 47
service,” as used in this definition, is understood to exclude activities such as painting,
bodywork, steam cleaning, tire recapping, and engine overhaul.
Setback. An area where buildings and certain structures cannot be constructed,
measured from the property line. A setback may be referred to as “yard”, as defined in
this section, including “yard, front”, “yard, rear”, and “yard, side”. This definition does not
include solar setback.
Shade Point. The part of a building or non-exempt tree that casts the longest shadow
onto the adjacent northern lots/parcels when the sun is at an altitude of 22.6 degrees
and an azimuth ranging from 30 degrees east and west of true south; excluding a
shadow caused by a narrow object, including, but not limited to, a mast or whip antenna;
a dish antenna with a diameter of three feet or less; a chimney, utility pole, or wire. The
height of the shade point is measured from the shade point to either the average
elevation at the front lot/parcel line or the elevation at the midpoint of the front lot/parcel
line. If the shade point is located at the north end of the ridgeline of a building oriented
within 45 degrees of the true north-south line, the shade point computed according to the
previous sentence may be reduced by 3 feet. If a structure has a roof oriented within 45
degrees of the true east-west line with a pitch that is flatter than 5 feet (vertical) in 12
feet (horizontal), the shade point will be the eave of the roof. If a roof has a pitch that is 5
feet in 12 feet or steeper, the shade point will be the peak of the roof.
Shadow Pattern. A graphic representation of an area that would be shaded by the
shade point of a building or vegetation when the sun is at an altitude of 22.6 degrees
and an azimuth ranging between 30 degrees east and west of true south.
Shared Use Path. A bikeway physically separated from motorized vehicular traffic by an
open space or barrier and either within the highway right-of-way or within an
independent right-of-way. Shared use paths may also be used by pedestrians, skaters,
wheelchair users, joggers, and other non-motorized users.
Shelter Home. Any dwelling or facility maintained and operated for the boarding and
housing of more than five abused or battered persons who are not related by blood or
marriage to the owner/operator of the dwelling or facility.
Shopping Center. A group of commercial establishments planned, developed, and
managed as a unit with off-street parking and circulation provided on the property.
Sidewalk. The portion of a street or highway right-of-way designated for preferential or
exclusive use by pedestrians.
Single Dwelling, Attached. See Townhome
Single-unit Dwelling, Detached (SD-D). One dwelling unit on its own lot or parcel that
does not share a wall with any other dwelling unit, other than an accessory dwelling unit.
Single Room Occupancy (SRO’s). A building or buildings that provides living units that
have separate sleeping areas. The building may or may not have separate or shared
cooking facilities for the residents. For the purposes of determining residential density,
four SRO rooms equal one dwelling. Fractional dwellings will be rounded to the next
higher number, e.g., five SRO rooms equal two dwellings. SROs can be located in any
Commented [RM36]: Delete if removing solar setback
standards?
Commented [RM37]: This is a problem under HB 2583, likely
just need to regulate as a single dwelling unit.
Commented [RM38]: Move to special standards or leave here
in def’s?
Attachment 4, Page 38 of 47
residential building [occupancy] including single unit homes, multiplexes, multi-unit
housing, etc.
Site Plan. The development plan for a development area that meets the standards of
this Code.
Siting Standard. A standard related to the position, bulk, scale, or form of a structure or
a standard that makes land suitable for development. Siting standards include, but are
not limited to, standards that regulate setbacks, dimensions, bulk, scale coverage,
minimum and maximum parking requirements, utilities, and public facilities.
Slope. An inclined ground surface, the inclination of which is expressed as percent of
horizontal distance to vertical distance.
Small Engine Repair. Maintenance and repair of household and non-automotive
engines less than 100 cubic centimeters (cc’s) in displacement.
Solar Access. Unobstructed exposure to direct sunlight, excluding limited obstruction as
expressly permitted by this Code.
Solar Access Height Limit. A series of contour lines establishing the maximum
permitted height for non-exempt vegetation on lots/parcels affected by a Solar Access
Guarantee.
Solar Access Guarantee. A document issued by the city that describes the maximum
height that non-exempt vegetation is allowed to grow on lots/parcels to which a solar
access permit applies.
Solar Feature. A device or combination of devices or elements that does or will use
direct sunlight as a source of energy for heating or cooling of a building, heating or
pumping of water, and generating electricity. Examples of a solar feature include a
window oriented to within 45 degrees east and west of true south, a solar greenhouse,
or a solar hot water heater. A solar feature may be used for purposes in addition to
collecting solar energy, including, but not limited to, serving as a structural member or
part of a roof, wall or window. A south-facing wall enclosing an unheated area, and
without windows and without other features that use solar energy is not a solar feature
for the purposes of this ordinance (for example, an unheated garage).
Solar Setback. The distance from the northern lot/parcel line to the shade point,
measured from the mid-point of the northern lot/parcel line and extending in a southerly
direction.
South or South-facing. True south or 20 degrees east of magnetic south.
Springfield Municipal Code. Springfield Municipal Code, 1997 and any amendment
thereto.
Standard. A measure of physical attributes and/or policy conformance which must be
satisfied in order to allow a proposed land use or development to be established or
modified.
Commented [RM39]: Needed if solar setback standard
removed?
Attachment 4, Page 39 of 47
Standard Construction Specifications. Standards governing the construction of all
public improvements within the City, adopted by the Council, dated 1981, and as may be
amended.
Start of Construction. Includes substantial improvement, and means the date the
building permit was issued, provided the actual start of construction, repair,
reconstruction, placement, or other improvement was within 180 days of the permit date.
The actual start means either the first placement of permanent construction of a
structure on a site, for example, the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation; or the
placement of a manufactured home on a foundation. Permanent construction does not
include land preparation, including clearing, grading and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a basement,
footing, piers, or foundation, or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, for example garages or sheds not
occupied as dwelling units or not part of the main structure.
State. The State of Oregon.
Stormwater. Water derived from a storm event or conveyed through a storm sewer
water management system.
Stormwater Best Management Practices (BMPs).
(1) Nonstructural. Strategies implemented to control stormwater run-off that focus on
pollution prevention, including, but not limited to, alternative site design, zoning and
ordinances, education, and good housekeeping measures.
(2) Structural. Engineered devices implemented to control, treat or prevent stormwater
run-off pollution.
Stormwater Management Plan. A policy document adopted and, as modified from time
to time, approved by resolution of the City Council setting forth the policies and
procedures to be used in reviewing development proposals that alter or affect the
natural, pre-development flow of stormwater. These policies and procedures are to be
applied to public and private improvements and allow City staff to provide certainty to
developers and consultants to permit them to design and submit for approval safe,
efficient, and cost effective stormwater management system projects within the City and
its Urban Growth Boundary.
Stormwater Management System. The structures, facilities, and practices utilized by
the City and/or a development to control and manage the quantity and quality of
groundwater discharges and surface water run-off, including stormwater run-off, non-
storm generated run-off and floodwaters.
Street. Any roadway and associated right-of-way that provides access to one or more
lots/parcels and that is a part of the city-wide street system.
Street, Improved. A street that includes a fully paved surface, curb, gutter, storm
drainage, sidewalk, street trees (where applicable) and street lighting, all constructed to
City standards.
Attachment 4, Page 40 of 47
Street, Private. Any roadway and associated land that is functionally similar to a public
street, constructed to City standards, but not dedicated to the City.
Street, Unimproved. A street that lacks any of the features of an improved street.
Strip Commercial. Commercial development set in a linear pattern along one or both
sides of a street.
Structure. Anything constructed or built, any edifice or building or any kind or any piece
of work artificially built up or composed of parts joined together in some definite manner.
As used in SDC 3.3.400, Floodplain Overlay District, a walled or roofed building
including a gas or liquid storage tank that is principally above ground.
Structure, Parking. A parking garage located aboveground or underground consisting
of two or more levels.
Structure, Primary. A structure, or combination of structures, of chief importance or
function on a site. In general, the primary use is carried out in a primary structure. A site
may have more than one primary structure. The difference between primary and
accessory structure is determined by comparing the size, placement, similarity of design,
use of common building materials, and the orientation of the structures on the site. (See
also Accessory Structure and Accessory Dwelling Unit.)
Subdivide Land. To divide an area or tract of land into four or more lots when the area
or tract of land exists as a unit or contiguous units of land under single ownership at the
time of subdivision.
Subdivision. Either an act of subdividing land, or an area or tract of land subdivided as
defined in this Section.
Subdivision Plat. A final map and other writing containing all the descriptions, locations,
dedications, provisions and information concerning a subdivision.
Sufficient Infrastructure. The following level of public services to serve new Triplexes,
Fourplexes, Townhouses, or Cottage Cluster Housing development:
(1) Connection to a public sanitary sewer system capable of meeting established
service levels.
(2) Connection to a public water system capable of meeting established service levels.
(3) Access via public or private streets meeting adopted emergency vehicle access
standards to a city’s public street system.
(4) Storm drainage facilities capable of meeting established service levels for storm
drainage.
Sunchart. A photograph, or a scaled drawing prepared or certified by a licensed or
certified architect, landscape architect, engineer, planner or utility solar technician,
Commented [RM40]: Michael comment
Need to talk about matching code language with Section 4.2‐120.
Attachment 4, Page 41 of 47
showing the positions of the sun during different hours of the day and months of the
year, and the southern skyline. A sunchart uses as coordinates a grid of the sun's
altitudes in 10 degree increments and solar azimuths in 15 degree increments.
Survey. The location of the legal boundaries of an area and the division of that area into
lots or parcels, streets and other features with all necessary corners or dividing lines
marked or monumented, prepared by a surveyor in accordance with State law.
Surveyor. A registered professional land surveyor in the State of Oregon.
T
Tentative Plan. A clearly legible drawing of the lots or parcels and other elements of a
partition or subdivision which provides a basis for the approval authority to approve or
disapprove the general layout of the development.
Time of Travel Zone (TOTZ). The area mapped pursuant to Oregon Health Division
Delineation Certification #002R which identifies the time it takes groundwater to flow to a
given well or wellhead.
Top of Bank. For a given watercourse, the top of bank is the same as the “bankfull
stage.” The “bankfull stage” is defined as the stage or elevation at which water overflows
the natural banks of streams or other waters of the State and begins to inundate the
upland. The ground elevations on both sides of the watercourse are examined and the
lower grade break elevation; the elevation where water would leave the channel in a
particular reach is used. The elevation of the lower bank controls the bank full elevation
for a watercourse reach. The edge of the bankfull watercourse typically corresponds to
the start of the floodplain. The start of the floodplain is often characterized by:
(1) A berm or other break in slope from the watercourse bank to a flat valley bottom,
terrace or bench;
(2) A change in vegetation from bare surfaces or annual water-tolerant species to
perennial water-tolerant or upland species; and
(3) A change in the size distribution of surface sediments (e.g., gravel to fine sand)
(Figure 6.1-D).
Attachment 4, Page 42 of 47
Figure 6.1-D.
Indicators for Determining Bankfull Width
In the absence of physical evidence, the 2-year recurrence interval flood elevation may
be used to approximate the bankfull stage.
Townhouse (Townhome). A dwelling unit constructed in a row of two or more attached
units, where each dwelling unit is located on an individual lot or parcel and shares at
least one common wall with an adjacent unit. A townhouse is also commonly called a
rowhouse, attached house, or common wall house.
Townhouse Project. One or more townhouse structures constructed, or proposed to be
constructed, together with the development area where the land has been divided, or is
proposed to be divided, to reflect the Townhouse property lines and any commonly
owned property.
Traffic Impact Study. An analysis of the effects of a proposed development on the
transportation system, and of traffic impacts on neighboring properties.
Traffic Study. A limited analysis of the operational aspects and traffic safety issues of a
particular development area, including, but not limited to, on-site traffic circulation and
access design and operation.
Triplex. Three dwelling units on one lot or parcel. Units may be attached vertically or
horizontally or detached.
U
Urban Growth Boundary. A site-specific line that separates urban or urbanizable land
from rural land and which appears on the Metro Plan Diagram.
Urban Land. Land which is located within an incorporated City.
Urbanizable Land. All land outside the city limits but inside the Urban Growth boundary.
Use. The purpose for which land and structures are arranged, designed, intended,
occupied or maintained. Any activity taking place on land or in or on structures.
Deleted: site
Attachment 4, Page 43 of 47
Use, Accessory. A use or uses within a primary commercial, office and/or employment
building that is for the employees’ benefit and that does not generally serve the public,
including, but not limited to, building maintenance facilities, central mail rooms, child
care, conference rooms, employee restaurants and cafeterias, indoor recreation areas,
and indoor recycling collection centers. The accessory use is not considered a
secondary use and does not have to meet any percentage standard; however, the
accessory use must be part of a primary use building.
Use/Activity, Water-Dependent. A use or activity that requires access to the Willamette
River for water-borne transportation, recreation, energy production, or source of water.
Use/Activity, Water-Oriented. A use or activity whose attraction to the public is
enhanced by a view of or access to the Willamette River.
Use/Activity, Water-Related. A use or activity that is not directly dependent upon
access to the Willamette River, but which provides goods or services that are directly
associated with water-dependent land or waterway use, and which, if not located
adjacent to the river, would result in a public loss of quality in the goods or services
offered. Except as necessary for water-dependent or water-related uses or activities,
residences, parking lots, spoil and dump sites, roads and highways, restaurants,
businesses, factories, and mobile home parks are not generally considered dependent
on or related to water location needs.
Use Category. A grouping of land uses which have similar operating characteristics and
land use impacts.
Use, Nonconforming. The use of land or structures, or the size, height, location or
number of structure, formerly permitted or otherwise lawful, but which currently does not
comply with existing standards or provisions of this Code.
Use, Permitted. Any use allowed in a zoning district and subject to the restrictions
applicable to that zoning district.
Use, Primary. An activity or combination of activities of chief importance on the site.
One of the main purposes for which the land or structures are intended, designed, or
ordinarily used. A site may have more than one primary use. The primary use usually
occupies more than 50 percent of the gross floor area of a building or more than 50
percent of a development area. Tree removal and timber harvesting are not primary
uses within the Urban Growth Boundary.
Use, Re-Use. Any change in use, tenancy or occupancy of a building.
Use, Secondary. Any approved use of land or a structure that is incidental and
subordinate to the primary use, and located in the same building or in the same
development area as the primary use. No secondary use can occupy more than 50
percent of the gross floor area of a building or more than 50 percent of a development
area occupied by the primary use. Secondary uses must not occur in the absence of
primary uses. Secondary uses are not accessory uses.
Use, Special. Any use of land or a structure which due to its operating characteristics or
land use impact is permitted under prescribed conditions in the applicable zoning district.
Attachment 4, Page 44 of 47
Use, Temporary. A use established for a fixed period of time that does not involve the
construction or alteration of any permanent structure.
Use, Water Dependent. A use that requires access to the Willamette River for water-
borne transportation, recreation, energy production, or source of water.
Use, Water Related. A use that is not directly dependent upon access to the Willamette
River, but which clearly benefits from the access.
Utility Provider. Any agency or private company which provides the public with
electricity, gas, heat, steam, communications, rail transportation, water, sewage
collection, or other similar service.
V
Variance. An exception to a requirement of this Code. This definition does not include
use variances; a variance cannot be used in lieu of a zone change.
Vision Clearance Area. A portion of land established at street, alley, or driveway
intersections in which nothing may obstruct the sight distance of motorists entering or
leaving the intersection, unless specifically exempted by this Code.
W
Warehousing. The storage of finished and unfinished products and materials within an
entirely enclosed building. This use may include facilities for regional wholesale
distribution, if permitted by the applicable land use district.
Waste Storage. A place where waste containers, including compactors, dumpsters, and
garbage cans, are collectively stored. Waste storage includes, areas used to collect and
store refuse or recyclable materials. Exempt from this subsection are waste storage
areas for detached Single-unit Dwellings, middle housing types, and areas used for the
temporary storage of wood pallets or cardboard.
Watercourse. Rivers, streams, sloughs, drainages including intermittent stream and
seeps, ponds, lakes, aquifers, wetlands and other waters of the State. This definition
also includes any channel in which a flow of water occurs, either continuously or
intermittently, and if the latter with some degree of regularity. Watercourses may be
either natural or artificial. Specific watercourses that are protected by this Code are
those shown on the water quality Limited Watercourse Map.
Water Quality Limited Watercourses (WQLW). Those watercourses within the City
and its urbanizing area that are specified on the WQLW Map.
Waters of the State. These waters include lakes, bays, ponds, impounding reservoirs,
springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Pacific
Ocean within the territorial limits of the State of Oregon, and all other bodies of surface
or underground waters, natural or artificial, inland or coastal, fresh or salt, public or
private (excluding those private waters which do not combine or effect a junction with
natural surface or underground waters), which are wholly or potentially within or
bordering the State or within its jurisdiction.
Commented [RM41]: Existing definition in 6.1. Also see new
draft code section 3.2.415(E).
Attachment 4, Page 45 of 47
Wellhead Protection. Implementation of strategies within a wellhead protection area to
minimize the potential impact of containment sources on the quality of groundwater used
as a drinking water source by a public water system.
Wellhead Protection Area. A Drinking Water Protection Area for a groundwater-
supplied drinking water source.
Wellness Center. A facility, owned by a public agency, operated by a public or non-
public agency or private individual or firm, offering wellness-related health services
and/or treatment to the public, including, but not limited to, diabetes and health
education classes, physical, speech and occupational therapy, and fitness and nutrition
services, but excluding alcohol and drug rehabilitation facilities other than prevention
education.
Wetlands. Areas inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances to support, a
prevalence of hydophitic vegetation typically adapted for life in saturated soil conditions.
Wetlands include swamps, marches, bogs, and similar areas excluding those
constructed as water quality or quantity control facilities.
Wheel Stop. A permanent and secured device in each parking stall which blocks the
front wheels of a vehicle.
Wholesale Trade. Establishments or places of business primarily engaged in selling
merchandise to retailers; to industrial, commercial, institutional, or professional business
users, or to other wholesalers; or acting as agents or brokers and buying merchandise
for, or selling merchandise to, the individuals or companies. Wholesale trade may
include retail trade as a secondary use when wholesale trade is the primary use.
Wholesale trade does not include storage and sale of bulk fuel oil, bulk fuel, explosives
or other hazardous material, or live animal sales other than small domestic pets when
the sales are made from the premises. Wholesale trade by brokerage only, with no
display or storage of merchandise on the premises, is considered a Business Office use.
Windthrow. Trees felled by wind.
Wireless Telecommunications Systems (WTS). The sending and receiving of radio
frequency transmissions and the connection and/or relaying of these signals to land lines
and other sending and receiving stations (cell sites), and including cellular
radiotelephone, personal communications services, enhanced/specialized mobile radio,
and commercial paging services. Terms and definitions associated with WTS facilities,
and the standards that regulate their siting and design are found in SDC 4.3.145(E).
Wooded Lot/Parcel. A lot/parcel or parcel 10,000 square feet or larger, above 670 feet
in elevation, which contains more than 5 trees 8 inches or greater dbh.
Working Day. Monday through Friday, exclusive of official City holidays.
Wrecking Yard/Salvage Yard. Any lot/parcel or structure used for the storage,
dismantling or sale of inoperable motor vehicles, trailers, machinery and/or building
materials or parts.
Attachment 4, Page 46 of 47
Y
Yard. For the purpose of establishing setbacks, yard is an open space on a lot which is
unobstructed from the ground upward except as otherwise provided in this code.
Yard, front. An open space extending the full width of the lot between the front facade of
a building or the front of an unenclosed porch and the front lot line, unoccupied and
unobstructed from the ground upward except as specified elsewhere in this code.
Yard, rear. An open space extending the full width of the lot between the rear facade of
a building and the rear lot line, unoccupied and unobstructed from the ground upward
except as specified elsewhere in this code.
Yard, side. An open space extending from the front yard to the rear yard between the
side facade of a building and the nearest side lot line, unoccupied and unobstructed from
the ground upward except as specified elsewhere in this code.
Yard, through-Lot/Parcel Rear Yard: The first 10 feet of land paralleling street right-of-
way this is parallel to and most distant from the front yard property boundary used for
address purposes.
Yard, Street Side Yard: The first 10 feet of land paralleling street right-of-way, which
intersects the front yard property boundary.
Youth Hostel. Any building designed or intended to provide temporary accommodations
for traveling young people.
Z
Zoning District. A specifically delineated area or district within the Urban Growth
Boundary that implements the Metro Plan within which the use of land is regulated and
development standards are applied.
Attachment 4, Page 47 of 47
7/8/2021 Department of Land Conservation and Development www.oregon.gov/lcd
Senate Bill 458 Guidance
(Updated July 8, 2021)
Background
Senate Bill 458 was adopted by the Oregon Legislature in 2021. The bill is a follow-up to House
Bill 2001 - the bill that legalizes middle housing in many cities throughout the state - and allows lot divisions for middle housing that enable them to be sold or owned individually.
Senate Bill 458 Summary
For any city or county subject to the requirements of House Bill 2001, Senate Bill 458 requires
those jurisdictions to allow middle housing lot divisions for any HB 2001 middle housing type
(duplexes, triplexes, quadplexes, townhouses, and cottage clusters) built in accordance with
ORS 197.758. Senate Bill 458 only applies to middle housing land divisions permitted on or
after June 30, 2022.
The bill sets forth a series of parameters on how a city must process middle housing lot division
applications. The city must apply an “expedited land division” process defined in ORS 197.360
through 197.380, and the applicant must submit a tentative plan for the division including the
following:
- A proposal for development of middle housing in compliance with the Oregon residential
specialty code and applicable middle housing land use regulations,
- Separate utilities for each dwelling unit,
- Easements necessary for utilities, pedestrian access, common use areas or shared
building elements, dedicated driveways/parking, and dedicated common area,
- One dwelling unit per each resulting lot or parcel (except common areas), and
- Demonstration that the buildings will meet the Oregon residential specialty code.
Additionally, cities retain the ability to require or condition certain things, including further
division limitations, street frontage improvements, and right-of-way dedication if the original
parcel did not make such dedications. They may not subject applications to approval criteria
outside of what is provided in the bill, including that a lot or parcel require driveways, vehicle
access, parking, or min/max street frontage, or requirements inconsistent with House Bill 2001,
including OAR Chapter 660, Division 046.
Guidance
DLCD staff have received a significant number of questions regarding Senate Bill 458 and how
cities or counties can best prepare to comply with the law. Below are answers to commonly
asked questions. If you find that you have a question that has not been addressed in this
document, please reach out to the Housing Team at housing.dlcd@dlcd.oregon.gov.
SB 458 Deadline
Question: This bill applies to middle housing lot divisions permitted on or after June 30, 2022.
Will cities or counties need to incorporate these standards before this deadline?
Attachment 5, Page 1 of 5
7/8/2021 Department of Land Conservation and Development www.oregon.gov/lcd
Answer: It is highly advisable, but not required, for cities or counties to incorporate
middle housing lot division standards into their development codes. On the June 30,
2022 deadline, a city or county that has not incorporated lot division standards within
their development codes would utilize the bill language directly to process middle
housing lot divisions under SB 458.
Question: Medium cities need to allow duplexes on lots/parcels that allow single-family
detached dwellings by June 30, 2021 (i.e. this year). Are duplexes built between this deadline
and the SB 458 deadline eligible for a middle housing lot division?
Answer: A duplex built pursuant to ORS 197.758 (i.e. House Bill 2001) during this time
period would be eligible to apply for a middle housing land division under SB 458 on
June 30, 2022, provided it met the applicable requirements outlined in the bill.
Question: Do cities or counties need to allow lot divisions for middle housing built prior to
House Bill 2001?
Answer: SB 458 requires a middle housing lot division application submit: “A proposal
for development of middle housing in compliance with the Oregon residential specialty
code and land use regulations applicable to the original lot or parcel allowed under ORS
197.758 (5)”. This means that any lot division proposal will need to demonstrate
compliance with both applicable building code and HB 2001 middle housing code in
order to be eligible for a lot division under SB 458.
There is a potential hypothetical scenario in which a pre-HB 2001 middle-housing type
could make this demonstration, but 1.) this is an unlikely scenario and 2.) a jurisdiction
retains the ability to require the applicant demonstrate the middle housing type complies
with applicable building code and middle housing code before approving a middle
housing lot division proposal.
Applicability, Application Process, and Submittal Requirements
Question: What middle housing types are eligible for division under SB 458?
Answer: The bill specifies any lot or parcel that allows middle housing under ORS
197.758 (2) or (3) qualifies for a middle housing land division under SB 458. This
includes duplexes, triplexes, quadplexes, townhouses, and cottage clusters in applicable
cities and unincorporated, urban portions of Metro counties. Accessory dwelling units are
not eligible for lot division under SB 458.
Question: SB 458 requires cities or counties to apply the expedited land division process. What is this?
Answer: The expedited land division process is outlined in ORS 197.360 to 197.380. It
is an alternative procedure application intended to streamline the review of land divisions
under state law. While typical land use applications must be completed within 120 days
(ORS 227.178), an expedited land division must be processed within 63 days or
extended by the governing body of a local jurisdiction (not to exceed 120 days).
Question: The expedited land division process under ORS 197.360(1)(b) seems to only include
divisions of three or fewer parcels. Does this mean that a middle housing land division is limited
to three total parcels?
Attachment 5, Page 2 of 5
7/8/2021 Department of Land Conservation and Development www.oregon.gov/lcd
Answer: No. First, ORS 197.360(1)(a) allows an expedited land division to be any size,
while ORS 197.360(1)(b) clarifies that the expedited land division process is also
extended to divisions of three or fewer parcels.
Additionally, SB 458 requires that local jurisdictions apply the expedited land division
procedure outlined in ORS 197.360 to 197.380, a “middle housing land division” is
distinct from an “expedited land division” and may contain more than three parcels,
provided that each resultant lot or parcel contains one unit.
Question: Can a city or county apply a typical land division process to a middle housing land
division application?
Answer: SB 458 specifies that a city or county “shall apply the procedures under ORS
197.360 to 197.380”. This means that a city or county cannot require a middle housing
land division to undergo a standard land division pathway.
Question: This bill seems to suggest that the jurisdiction must approve an application for middle
housing land division after or concurrent with the issuance of a building permit, which is backwards in comparison to typical subdivisions. Can you clarify when an applicant may submit
an application for a middle housing lot division?
Answer: Senate Bill 458 does not state that a middle housing land division must occur
either before or after the issuance of a building permit. We anticipate that most middle
housing land divisions will occur before the application for a building permit, similar to
other housing land division processes. However, we also anticipate that there may be
circumstances in which an applicant submits a land division application after developing
a middle housing type. In both scenarios, the applicant must demonstrate that the
proposal meets applicable building code and middle housing code as well as the
requirements outlined in SB 458.
Additionally, the bill specifies that a city or county may allow the submission of a middle
housing land division at the same time as submission of an application for a building
permit, but they are not required to.
Lot Division Standards and Conditions for Approval
Question: SB 458 sets out several requirements that applicants must demonstrate outlined in
the summary above. What else are jurisdictions allowed to require or condition?
Answer: The bill allows jurisdictions to require or condition the following:
- Prohibition of further division of the resulting lots or parcels - Require notation in the final plat indicating approval was provided under SB 458
(later on, this will be the resultant ORS reference)
- Require street frontage improvements where a lot or parcel abuts a street
(consistent with House Bill 2001)
- Require right-of-way dedication if the original parcel did not previously provide a
dedication
Question: Will jurisdictions be able to require applicants to submit tentative and final plats
consistent with local platting standards?
Attachment 5, Page 3 of 5
7/8/2021 Department of Land Conservation and Development www.oregon.gov/lcd
Answer: Yes, jurisdictions may require that the applicant submit tentative and final plats
in a manner consistent with their applicable platting standards.
Question: Can jurisdictions require that easements be submitted in a form approved by the City
Attorney and address specific issues like maintenance and repair, cost-sharing, access, notice,
damage, disputes, etc.?
Answer: Yes, cities are permitted to specify the format and issues an easement
addresses, provided that they are specific to the types of easements specified in Section
2(2)(c) of the bill, including:
A. Locating, accessing, replacing and servicing all utilities;
B. Pedestrian access from each dwelling unit to a private or public road;
C. Any common use areas or shared building elements;
D. Any dedicated driveways or parking; and
E. Any dedicated common area;
Question: What requirements are jurisdictions limited in requiring for a middle housing lot
division?
Answer: The bill specifies that a jurisdiction may not subject a middle housing lot
division application to approval criteria except as provided in Section 2 of the bill. The bill
specifies that this includes the following:
- Require that a lot or parcel provide driveways, vehicle access, parking or
minimum or maximum street frontage
- Subject an application to procedures, ordinances or regulations adopted under
ORS 92.044 or 92.046 that are inconsistent with Section 2 of the bill or ORS
197.360 to 197.380.
Question: Does that mean jurisdictions cannot require off-street parking for middle housing?
Answer: Jurisdictions are still permitted to require off-street parking and all other land
use regulations in accordance with the parameters set forth in administrative rule, OAR
Chapter 660, Division 046, but they may not require that each resultant lot or parcel
have off-street parking. Such a lot or parcel would be provided access to off-street
parking via easement.
Question: Cities or counties cannot require street frontage under SB 458, but can they limit
how many lots within a land division do not have street frontage? For example, could a city limit
the number of cottages in a cottage cluster development that only have street access from an access easement?
Answer: The bill states that a city or county “may not subject an application to approval
criteria except as provided in this section”. The restriction on minimum or maximum
frontage is an explicit example of this prohibition. Because there is nothing in this section
specifying the number of units that may only have street access from an access
easement, a local jurisdiction would not be able to include such a limitation as a
standard or condition of approval.
Attachment 5, Page 4 of 5
7/8/2021 Department of Land Conservation and Development www.oregon.gov/lcd
Question: Section 2 (4)(b) allows cities or counties to require street frontage improvements. Would this enable them to require frontage improvements that might otherwise be exempted for
single-family detached dwellings, which is prohibited in OAR Chapter 660, Division 046?
Answer: Yes. This provision would enable a city to require street frontage improvements
in situations where it might not otherwise be permitted under administrative rule. We also
think this can be a compelling incentive to better address the street frontage deficiencies
that persist today in older single-family neighborhoods.
Question: Does SB 458 require local jurisdictions to approve vertical divisions (i.e. divisions in
which one or more units of middle housing is not on the ground floor) of middle housing in
addition to horizontal divisions?
Answer: Senate Bill 458 does not speak to vertical divisions of middle housing and
requires that each resultant lot or parcel contain exactly one unit. Therefore, cities are
not required to allow vertical divisions of middle housing.
Townhouses
Question: Does SB 458 apply to lot divisions for townhouses allowed under HB 2001?
Answer: The bill applies to any lot or parcel that allows middle housing under ORS
197.758, including townhouses. Local jurisdictions must allow townhouse proposals to
undergo the lot division process outlined in SB 458, including the application of the
procedures outlined in ORS 197.360 through 197.380.
Question: The bill restricts cities or counties from applying minimum or maximum frontage
requirements to lots or parcels created under SB 458. This seems to conflict with OAR 660-046-
0220(3)(b) regarding minimum street frontages applied to townhouses. Are jurisdictions
permitted to apply minimum street frontages to townhouses?
Answer: Yes, SB 458 specifies that in order for a middle housing proposal to be eligible
for a land division, it must comply with all of the land use regulations applicable to the
original lot or parcel allowed under ORS 197.758 (5), which includes the full scope of
administrative rules outlined in OAR Chapter 660, Division 046. Therefore, local
governments are able to, but are not required to, apply minimum street frontages to
townhouses as permitted in OAR 660-046-0220(3)(b).
Local governments will not be able to apply minimum street frontage requirements for
individual units for plexes and cottage clusters. However, they may apply lot dimensional
standards to the parent lot as provided in OAR 660-046-0220. We recommend that local
jurisdictions carefully consider the incentives and resulting form for each middle housing
type when developing middle housing land use regulations.
Attachment 5, Page 5 of 5
Planning Commission (PC) Work Session (WS) on Residential CodeSeptember 11, 2021 - 30 min.
PC WS on Residential Code October 5, 2021 - 1 hour
PC WS on Residential Code October 19, 2021 - 1 hour
PC WS on Residential Code November 2, 2021 1 hour WS during reg.
sessionPC WS Final Rec on code November 16, 2021 (2 hour WS)
Measure 56 Notice mailed 20-40 days prior to
PC hearing
November 25, 2021
Dept of Land Conservation and Development
Notice emailed 35 days prior to hearing
November 30, 2021
PC Hearing (joint with Lane County PC)January 4, 2022
First City only PC deliberation OR Second PC
hearing date
January 18, 2022
City only PC deliberations (or joint PC delib?)February 1, 2022
City only PC deliberation (or joint PC delib?)February 15, 2022 Optimistic for final
recommendation from city PC
City only PC final rec. (or joint PC decision)February 22, 2022 Back up date for City PC
final recommendation
LCPC delib and final recommenation March 15, 2022
City Council (CC) WS - Quarterly Check-in
January 3, 2022
SPRING BREAK March 21-25
Newspaper notice 14 days April 11, 2022
Board of County Commissioners (BCC) WS April 12, 2022
BCC 1st reading (13 days before PH)April 12, 2022
JOINT CC/BCC WS (same ngt as hearing)April 25, 2022
CC/BCC public hearing and BCC 2nd reading April 25, 2022
Continued public hearnig? potential
deliberation / decision BCC 3rd reading
May 2, 2022
CC/BCC deliberation and decision May 9, 2022
Continued CC/BCC deliberation and decision May 16, 2022
CC decision*May 23, 2022
BCC packet done (3 weeks before BCC mtg)May 23, 2022
BCC decision June 13, 2022
DLCD notice (w/in 7 days of decision)June 20, 2022
30 day effective date of city ordinance June 22, 2022
21 day appeal period/DLCD acknowledged July 5, 2022
DEADLINE FOR ADOPTION (HB 2001)*June 30, 2022
DRAFT - Development Code Amendments Adoption Schedule
Attachment 6, Page 1 of 1
M E M O R A N D U M City of Springfield
Date: 10/11/2021
To: Nancy Newton, City Manager COMMUNICATION
From: Emma Newman, Senior Transportation Planner
Tom Boyatt, Community Development Director
PACKET
Subject: Climate Friendly and Equitable Communities
State Rulemaking Update MEMORANDUM
INFORMATION SHARE:
This memorandum provides an update on the Oregon Department of Land Conservation and
Development’s (DLCD) Climate Friendly and Equitable Communities rulemaking process.
For prior Council communication on this topic, see materials from the October 12, 2020 Council
work session and the March 29, 2021 Council communication packet memo. Staff continue to
participate in the rulemaking advisory committee and meet with Mayor VanGordon and
Councilor Moe, who serve as the lead City Council representatives for this topic. Staff
involvement on the rulemaking committee has become time intensive given the breadth and
depth of the proposed rules. However, it seems as if the City of Springfield’s engagement in the
rulemaking is influencing the process and some of the outcomes.
Rulemaking Status and Timeline
The rulemaking process was scheduled to start the official Land Conservation and Development
Commission (LCDC) public hearings in January 2022 with adoption anticipated in March 2022.
However, in September the LCDC extended the rulemaking to end in May 2022 in response to
Mayor VanGordon’s comments along with testimony from other jurisdictions and advocates.
The extended rulemaking timeline is still very ambitious given the volume and detail of the
proposed rules. As one Commissioner stated, these rules are poised to be the most significant
change to Oregon land use rules since their creation about fifty years ago. This rulemaking and
the outcomes of the process will be significant.
Concerns Regarding Rulemaking Process and Approach
There is increasing pressure for the State to take bold and swift actions given the lived
experiences of Oregonians and ever increasing impacts of climate change across Oregon. What
has been tried before has not achieved the greenhouse gas emissions reduction targets. The State
is looking for new requirements to impose on local jurisdictions to reach climate pollution
reduction (especially from vehicles) and equitable outcomes. Staff and Council leadership have
concerns regarding the process and rulemaking content and are actively working to provide
feedback to adjust the rules in the coming months.
Process Concerns
The rulemaking timeline, although extended until May 2022, is still very ambitious and
quick moving given the volume and detail of the proposed rules. City staff are hoping
that adjustments will be made to allow for enough time to review and seek input from
colleagues with relevant topic specific expertise. There are also likely to be topic
specific work group meetings to discuss details of the proposed rules and develop
alternatives to address concerns and better achieve the desired outcomes.
Attachment 7, Page 1 of 6
MEMORANDUM 10/12/2021 Page 2
The proposed implementation timelines presented in the rules are unrealistic given the
required public processes and desire for increased, meaningful community engagement
that focuses on those most impacted. It is also unclear if or how some of the proposed
rules integrate with or conflict with existing state mandated requirements, such as the
implementation of HB 2003 (housing needs analysis and housing production strategy
comprehensive plan amendments). As DLCD staff are starting to create a master
implementation timeline, they are starting to realize how much state mandated local
planning work is scheduled for 2023 or sooner.
There is limited funding and resource available to support the significant increase in
workload described in these rules as well as on-going reporting requirements. The City
is advocating for funding and resources to support implementation of the rule
requirements as well as for additional funding to build the necessary planned
infrastructure projects and programs.
Rule Content Concerns
The proposed rules are very prescriptive and detailed. In some situations, they propose
stripping local control of regulations such as block length maximums, building heights,
setbacks, and the authority to manage the public right-of-way or require traffic impact
analyses.
Many of the rules lack flexibility for context sensitive design and scalability to meet the
different needs of cities in metropolitan areas across Oregon. Staff and Mayor
VanGordon, in alignment with prior Council direction, continue to emphasize that the
State should focus on desired outcomes and the why while allowing jurisdictions the
flexibility and financial support to determine and implement the how. A one size fits all
approach removes City Council’s local decision making control and may not address the
key drivers of climate change in a particular community. It seemed as if this message
resonated with LCDC at the September meeting, but how much the prescriptive nature
of the proposed rules change in the coming months is yet unknown.
The rulemaking committee has requested and is still awaiting a master timeline that
shows how the various different existing state mandated rules requirements sequence
and integrate with one another. It is also unclear if or to what extent the rules could build
upon existing plans and programs, or if unnecessary additional work would be required
to start fresh.
The rules do not seem to be grounded in empirical evidence or include market studies to
confirm or deny whether the rules will actually produce the desired outcomes or not. For
instance, do Springfield’s land values support the level of development required by the
rules? Could they instead further exacerbate the housing crisis and displace people who
have limited housing choices?
The rulemaking is evolving and end results as yet unknown. What is known is that DLCD is
taking an ambitious, broad reaching approach to implementing the Governor’s Executive Order
and direction from the LCDC. The rules will challenge cities and community members across
Oregon to think and operate differently. Given the breadth, depth, and speed of the rulemaking
there will likely be unintended consequences as local jurisdictions embark on rule
implementation in the months and years to come. Hopefully the State will provide the flexibility
and resources necessary to actively and quickly pursue greenhouse gas emission reductions and
equitable outcomes, while being able to pivot and adjust if certain rules are causing more harm
than good or are not achieving the desired greenhouse gas emissions and equitable outcomes.
Attachment 7, Page 2 of 6
MEMORANDUM 10/12/2021 Page 3
Register for the October Community Conversation
DLCD has scheduled the second round of community conversations across the state. The
Springfield, Eugene, Salem, and Keizer area focused virtual “Community Conversation” will be
on October 27, 6:30 – 8:30PM. City Councilors, Planning Commissioners, and community
members can register for the virtual event by clicking the registration link posted on the
rulemaking website: https://www.oregon.gov/lcd/LAR/Pages/CFEC.aspx
Comments Submitted to LCDC
Two letters are attached that were submitted to LCDC in September. One is from City of
Springfield and one is from a number of local jurisdictions, League of Oregon Cities, and
Association of Oregon Counties.
Attachment 1: City of Springfield Letter to LCDC
Attachment 2: Local Government Letter to LCDC
Attachment 7, Page 3 of 6
COURT OFFICE OF THE MAYOR 225 FIFTH STREET
SPRINGFIELD, OR 97477
541.726.3700
FAX 541.726.2363
www.springfield-or.gov
September 23, 2021
Land Conservation and Development Commissioners,
The City of Springfield wants to see this rulemaking be successful and produce outcomes that reduce greenhouse
gas emissions and increase equity throughout Oregon. We are concerned that the current rulemaking process will not
accomplish these goals due to its rushed timeline and overly detailed and prescriptive approach.
In order to make this rulemaking a success, we request that:
1) The Commission extend the rulemaking timeline by two to three months and direct staff to establish smaller,
topic specific workgroups. The meeting packets should be shortened to focus on one to two topics and the RAC
members should have at least two weeks to review, circulate, and collect feedback from colleagues to provide input
based on their areas of expertise. These changes will allow our staff to effectively engage and ensure that the adopted
rules are effective and can realistically be implemented. Many of the draft proposed timelines are simply not feasible
and a master timeline has not been provided that shows how different planning requirements sequence with one
another.
2) The rules acknowledge, build upon, and coordinate with existing local planning efforts, programs, and required
timelines, such as the housing needs analysis and housing production strategies from HB 2003. Local jurisdictions
should be able to focus the upcoming rule implementation work on filling in the missing gaps instead of re-doing
similar planning work that has already been completed.
3) LCDC set statewide rules that emphasize the why and the desired outcomes while allowing cities across Oregon
the flexibility to determine the how of implementation actions that reflect the values and unique characteristics
of individual communities. We would like to see the structure and approach shift to focus on outcomes and
performance while allowing local governments the flexibility to align with existing efforts and respond to local values
and context. For instance, Climate Friendly Areas could be designated through the upcoming housing needs analysis
and production strategy work, but the details should be left up to the local jurisdictions to decide. A one size fits all
approach will not work given the diversity of communities across Oregon.
4) The state identify resources to help local jurisdictions overcome the barriers we face in trying to reduce
greenhouse gas emissions and achieve equitable outcomes. So far, the proposed rules have been overly prescriptive
and have not focused on helping local jurisdictions overcome the barriers to implementation that we face. Some cities
have been able to fund robust bicycle network analysis and planning work, multimodal level of service analysis, and
sustainability planning. Others, including Springfield, have not had the resources and staff capacity to do so. The state
should focus on identifying resources to support implementation efforts. Funding for implementation continues to be a
key barrier that needs to be addressed to produce meaningful results in reality.
We sincerely hope that the Commission will take action today to make these adjustments to the rulemaking to set it up
for success. Oregonians are counting on the State to find implementable and strategic solutions that will reduce
greenhouse gas emissions and increase equitable outcomes.
Sincerely,
Sean VanGordon
Mayor of Springfield, Oregon
Attachment 1, Page 1 of 1
Attachment 7, Page 4 of 6
September 21, 2021
Land Conservation and Development Commission Attn: Esther Johnson, Commission Assistant Oregon Department of Land Conservation and Development 635 Capitol Street NE, Ste. 150 Salem, OR 97301
Dear Land Conservation and Development Commission Members,
The League of Oregon Cities (LOC) and Association of Oregon Counties (AOC) appreciate the opportunity to provide input on the Climate Friendly and Equitable Communities rulemaking process and the proposed draft rules. The LOC and AOC and our local government members appreciate the goals of Executive Order 20-04 and are committed to supporting the RAC process. As your local government partners doing this work on the ground, we are particularly focused on ensuring that the resulting rules are equitable and implementable.
First, the current rulemaking process and timeline is too aggressive. It is proving very difficult to compile sufficient solutions-oriented technical feedback from the multiple impacted city and county planning departments and Metropolitan Planning Organizations. As we begin to fully understand the scope and statewide impact of these proposed rules, LOC and AOC are also concerned that the RAC does not include sufficient regional technical representation.
Compounding the issues around the rulemaking process, the current proposed rules are too complex and prescriptive, both in terms of local implementation requirements and timelines.
Hyper-specific requirements for block length, building heights, parking, and setbacks -- for
example -- create significant unintended consequences and concerns around safety and right of way management, and will undo existing and anticipated local plans. AOC and LOC respectfully request that DLCD shift its approach and structure the rules to a more outcomes or performance-based approach to allow local governments flexibility to align with existing efforts and create community-driven action plans to meet our shared climate goals.
Lastly, the proposed local implementation deadlines are far too short for cities to meet given existing state and local resources and local staff capacity that is stretched thin. Many communities around the state have spent years and made considerable investments to develop and implement climate friendly and equitable community planning including Transportation System Plan updates and HB 2003 implementation. Any new local implementation and reporting requirements should build on and align as much as possible with existing local efforts, processes, and cycles.
We are committed to working with our fellow RAC members to identify bold priority outcomes in rule that can be measurable, impactful, equitable, and implementable – in a quick timeframe. We request that the rulemaking timeline be extended by two months and that the process be amended to include small workgroup meetings to allow adequate technical analysis, vetting, and critical participation from affected jurisdictions.
Again, the LOC and AOC fully support the Commission’s goal of promoting climate friendly and equitable communities. We remain committed to supporting this rulemaking effort and look
forward to discussing next steps.
Sincerely,
Attachment 2, Page 1 of 2
Attachment 7, Page 5 of 6
Ariel Nelson, Lobbyist League of Oregon Counties
Climate Friendly & Equitable Communities RAC Member
Mallorie Roberts, Legislative Affairs Manager Association of Oregon Counties Climate Friendly & Equitable Communities RAC Member
Metro City of Albany City of Beaverton City of Bend City of Eugene City of Happy Valley
City of Hillsboro City of Medford City of McMinnville
City of Portland City of Salem
City of Springfield
City of Tigard
Cc: DLCD Director Jim Rue, DLCD Deputy Director Kirsten Greene
Attachment 2, Page 2 of 2
Attachment 7, Page 6 of 6