18.15.040 Moderate density residential (R-1), higher density residential (R-2), and planned residential development (R-3)

18.15.040 Moderate density residential (R-1), higher density residential (R-2), and planned residential development (R-3).

(a) The intent of the R-1 zone is to create, maintain, and promote residential neighborhoods, including:

(i) To provide for larger lot sizes; and

(ii) To allow a broad range of housing types while providing for essential development and design standards.

(b) The intent of the R-2 zone is to create, maintain, and promote residential neighborhoods with a mix of uses that serve as a buffer between commercial and residential zones, including:

(i) To provide multi-unit dwellings and middle housing in close proximity to existing commercial uses to provide for easier access to goods and services for residents; and

(ii) To allow a broad range of housing types while providing for essential development and design standards.

(i) To allow for flexibility in project design while providing for essential development standards;

(ii) To encourage development which is sensitive to the natural topography of the site, minimizes alterations to the land, and maintains and enhances significant natural resources;

(iii) To provide for projects which are compatible with surrounding developments; and

(iv) To facilitate circulation systems designed to be efficient and well-integrated with the City’s overall circulation system without dominating the project.

(a) Types of Uses. For the purposes of this section, there are three types of uses:

(i) A permitted use (P) is a use which is permitted outright subject to zoning review or site plan approval, as applicable, and to all of the applicable provisions of this code. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the provisions of MDC 18.80.320.

(ii) A conditional use (C) is a use which must be approved at the discretion of the Planning Commission and subject to site plan approval, and to all of the applicable provisions of this code. The conditional use specific approval process and criteria are set forth in Chapter 18.65 MDC. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of MDC 18.80.320.

(iii) A prohibited use (X) is one which is expressly prohibited in the zone. In addition, uses not specifically listed as permitted or conditional in MDC Table 18.15.040-1, or which are deemed to be similar uses pursuant to MDC 18.80.320, are also prohibited.

(b) Use Table. A list of permitted, conditional, and prohibited uses in residential zones is set forth in MDC Table 18.15.040-1.

Table 18.15.040-1. Uses in the R-1, R-2, and R-3 Zones
Uses	R-1	R-2	R-3	Limitations and qualifications
Residential living	P	P	P	See MDC Table 18.15.040-2 for permitted housing types.
Residential home facilities	P	P	P	In accordance with ORS 197.665 (e.g., adult foster care).
Residential care facilities	X	P	P	In accordance with ORS 197.665 (e.g., adult foster care).
Accessory structure	P/C	P/C	P/C	Accessory structures under 950 square feet are outright permitted; accessory structures 950 square feet or over require conditional use approval. Shipping containers, rail cars, semi-trailers and similar structures may not be used for temporary (or permanent) storage on parcels occupied by a dwelling unit.
Bed and breakfast	C	C	C	See MDC 18.30.080.
Churches	C	C	C
Day care	P	P	P
Home occupations	C	C	C	See MDC 18.30.090.
Lodges or civic organizations	C	C	X
Medical and dental clinics, hospitals, sanitariums, rest homes, homes for the aged, nursing homes, or convalescent homes	C	C	X	Medical and dental clinics, hospitals, sanitariums, rest homes, homes for the aged, nursing homes or convalescent homes are defined conditional uses.
Model homes	P	P	P	Allowed only after construction plans have been approved by the City Public Works Director; occupancy and use are prohibited until documentation has been received by the City Public Works Director that the utilities have been connected.
Public buildings	C	C	X	Such as libraries, fire stations, police stations, offices for governmental uses, museums, and schools. Libraries, fire stations, museums, and schools are the only conditional uses permitted in the R-1 zone. Schools are the only conditional use permitted in the R-3 zone.
Public parks, recreation areas, and community centers	P	P	P	Subject to site plan review.
Public utilities, except for communication towers	C	C	X	Necessary public utilities and public services with safeguards against harm to adjacent or abutting residential property as required by the Planning Commission.

(a) Types of Housing Units. For the purposes of this section, all types of permitted housing are listed in MDC Table 18.15.040-2 below. See MDC 18.05.030, Definitions, for specific descriptions of the housing types listed in the table. Minimum lot sizes noted for specific housing types apply only to new lots of record. Existing nonconforming lawfully established lots are permitted to develop housing types permitted in the applicable zone as long as all development standards in MDC Table 18.15.040-3 can be met.

Table 18.15.040-2. Housing Types in the R-1, R-2, and R-3 Zones
Residential Use Category	R-1	R-2	R-3	Limitations and qualifications
Accessory dwelling unit	P	P	P	(a) Permitted in conjunction with one single detached dwelling.
Townhouse	P	P	P	(a) See MDC 18.30.191, Townhouse design and development standards. (b) See MDC 18.30.190, Residential design standards.
One to three dwelling units, attached or detached	P	P	P	(a) Permitted on lots 5,000 square feet or greater, per MDC 18.50.030. (b) See MDC 18.30.190, Residential design standards.
One to four dwelling units, attached or detached	P	P	P	(a) Permitted on lots 7,500 square feet or greater. (b) See MDC 18.30.190, Residential design standards.
Cottage cluster	P	P	P	(a) See MDC 18.30.192, Cottage cluster design and development standards. (b) See MDC 18.30.190, Residential design standards.
Apartments	P	P	P	(a) Permitted on lots 7,500 square feet or greater (first four units), plus 1,000 square feet for each additional dwelling unit in R-1. (b) Permitted on lots 6,000 square feet or greater (first four units) plus 1,950 square feet for each additional dwelling unit in R-3. (c) Apartments in the R-1 zone are limited to no more than four units per structure, no more than 30 feet in height, no single façade on any single structure may exceed a width of 60 feet, and no more than 24 units in total. (d) See MDC 18.30.190, Residential design standards.

(4) Development Standards. In the R-1, R-2, and R-3 zones, the development standards in MDC Table 18.15.040-3 apply. The standards in MDC Table 18.15.040-3 are not applicable to cottage cluster development or townhouse development. See development standards for these housing types in MDC 18.30.191 and 18.30.192.

Table 18.15.040-3. Development Standards in the R-1, R-2, and R-3 Zones
Standard	Residential Zones			Limitations and Qualifications
Standard	R-1	R-2	R-3	Limitations and Qualifications
A. Lot Size Requirements
1. Minimum lot size (square feet)	7,500	7,500	6,000	Minimum lot size in this table applies to all new lots of record except for lots created as part of townhome or cottage cluster developments. For permitted housing types on this lot size see MDC Table 18.15.040-2 above. See MDC 18.50.030.
2. Maximum lot coverage (percent of total lot area)	50%	50%	50%	See definition of lot coverage in MDC 18.05.030, Definitions, for explanation of what portions of a building on a lot are included.
3. Minimum density (dwelling units per gross acre)	4	4	7	A land division with the residential zones may create a remainder development lot in excess of one-half (1/2) acre only if approved as part of a phased subdivision.
B. Development Standards
1. Minimum setbacks (feet)
a. Front	12
b. Side	5			In the R-3 zone, apartments must be set back 15 feet from side and rear property lines.
c. Rear	5
d. Garage loaded from a street	20
e. Garage loaded from an alley	0 or 20			If off-street parking spaces are provided in front of garage, they must be of adequate length to accommodate a full vehicle length to avoid overhang in the right-of-way.
2. Building height
a. Minimum building height (feet)	none
b. Maximum building height (feet)	35	45
3. Side yard height plane (feet)
a. Maximum height at minimum required side yard depth (feet)	20	25	20	For illustration of the side yard height plane development standard, see MDC 18.05.030, Definitions.
b. Slope of plane (degrees)	45	45	45

(5) Design Standards. All new one to four dwelling units, accessory dwelling units, townhouses, cottages, and apartments must comply with the design standards found in MDC 18.30.190. Townhomes, apartments, and cottages must also comply with design standards in MDC 18.40.020, Site plan review, and MDC 18.40.030(7), Standards for Approvals for Needed Housing. Additional design standards apply to townhouses and cottage clusters. See MDC 18.30.191 and 18.30.192. Expansions of structures that add area to any street-facing façade are subject to MDC 18.30.190(3)(b)(i). Remodels that convert an attached garage are subject to MDC 18.30.190(3)(b)(ii).

(a) See MDC Table 18.25.050-1, Required Vehicle Parking.

(7) Sanitation Regulations. Before any structure receives a certificate of occupancy, it must be connected to the City sewer system if the structure is within 300 feet of an existing public sewer line.

(8) Water Regulations. Before any structure receives a certificate of occupancy, it must be connected to the City water system unless authorized by the City for connection to an adjoining water system.

(9) Flood Hazard Areas. Any structure proposed to be located in the flood hazard area must meet the standards of the Federal Emergency Management Agency (FEMA) and Chapter 18.45 MDC.

(10) Lighting. All lighting must comply with the outdoor lighting standards. [Ord. 968 § 2.5 (Exh. E), 2022; Ord. 955 § 2.1 (Exh. B), 2021; Ord. 945 § 2 (Exh. B), 2020; Ord. 933 § 3.4, 2019.]