Table Of Contents
4/8/2024
Site Data:
This shows various property characteristics such as assessed/market values, parcel and building size, land use, and improvement type.
Ownership:
The most recent vesting deed can be found here. If a parcel is owned by a commercial entity, there may be additional information identifying the principal.
Maps:
Aerial, Community, Assessor, Tax Lot, Zoning, Transit, Natural, Utilities*
Zoning Definition:
Full definition that will refer to the regulations describing how real property can be used within certain areas, and designating the type of operations allowed on a site.
Zonda*:
Up to date information and sales figures on new residential projects near your site.
Infographics
A brief visual overview based on Zip Code or Neighborhood. Includes demographic, lifestyle, and spending data.
*If available
Sale History
50 02 001 RESIDENTIAL DISTRICTS
1 RESIDENTIAL-LOW DENSITY ZONES
a. Districts
The residential-low density zone districts are R-15, R-10, and R-7 5
b. Purpose
To provide lands for single-family residential development with densities ranging from two to five dwelling units per gross acre, and to provide lands for middle housing development
(Ord 2892, Amended, 06/07/2022; Ord 2579, Repealed and Replaced, 03/20/2012)
2 RESIDENTIAL-MEDIUM DENSITY ZONES
a. Districts
The residential-medium density zone districts are R-6, R-5, and R-DD.
b. Purpose
i. R-5
To provide lands for single- and multi-family residential development with densities ranging from seven to eight dwelling units per gross acre, and to provide lands for middle housing development
ii R-DD Zone
(1) The purpose of the R-DD zone is to assure that both single-family homes and middle housing are protected from noise, light, glare and reduction in privacy to the maximum extent possible during the area’s transition to higher density residential use, to facilitate good architectural design and site planning which maintains residential choices of unit size, cost and other amenities and supports the economic feasibility of new construction and development, and to assure protection and compatibility of all land uses, including commercial, residential, park, open space and historic sites.
(2) The R-DD zone is intended for use in low density residential districts which are undergoing transition to increased densities, and which have scenic, historic, natural or residential features which should be preserved and integrated with new development
iii. R-6 Zone
The FAN R-6 zone is intended to implement the land use policies of the First Addition Neighborhood Plan. The purpose of this zone is to ensure the design quality of proposed development in the neighborhood by:
(1) Ensuring that proposed building designs are visually compatible with the character of
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
existing structures, maintain adequate light and air between structures, and complement the neighborhood’s architectural character.
(2) Minimizing the visual impact of garages from the street, and to continue established alley uses and functions such as access to garages, off-street parking and trash removal
(3) Encouraging compatible and sensitive remodeling and renovation of existing residences
(4) Preserving the small-town character of the existing streetscape by allowing singlefamily and middle housing development that is human scale and pedestrian oriented.
(5) Enhancing the natural environment of the neighborhood as one of the dominant characteristics
(6) Preserving FAN’s historical and architectural character by encouraging infill development that is compatible in design character to landmark structures on abutting lots
(Ord 2892, Amended, 06/07/2022; Ord 2612-A, Amended, 05/21/2013; Ord 2579, Repealed and Replaced, 03/20/2012)
3. RESIDENTIAL-HIGH DENSITY ZONES
a. Districts
The residential-high density zone districts are R-3, R-2, R-0, and R-W
b. Purpose
To provide lands for single- and multi-family residential development with densities of at least 12 dwelling units per gross acre, and to provide lands for middle housing development
(Ord 2892, Amended, 06/07/2022; Ord 2579, Repealed and Replaced, 03/20/2012)
50.03
USE REGULATIONS AND CONDITIONS
50 03 001 INTRODUCTION TO THE USE TABLE
50 03 002 USE TABLE
50 03 003 USE-SPECIFIC STANDARDS
50 03 004 ACCESSORY STRUCTURES AND USES
50 03 005 TEMPORARY STRUCTURES AND USES
50.03.001 INTRODUCTION TO THE USE TABLE
1. INTRODUCTION TO THE USE TABLE
Tables
50 03 002-1, Residential Districts Use Table, and 50 03 002-2, Commercial, Mixed Use, Industrial, and Special Purpose Districts Use Table, list land uses and indicate whether they are allowed by right or with a conditional use permit, or prohibited in each base zone district. The use table also includes references to any additional regulations applicable to that use
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
1 HOW TO USE
a Permitted Uses
A "P" in a cell of a use table indicates that the land use is allowed by right in that base or overlay zone, subject to compliance with the use-specific standards referenced in the final column of the use table. Permitted uses are subject to all other applicable requirements of this Code, including those set forth in LOC 50 06, Development Standards Uses accessory to a permitted use are allowed regardless of whether they are listed separately in the use table.
b. Conditional Uses
A "C" in a cell of a use table indicates that the land use is allowed in that base or overlay zone only upon approval of a conditional use permit as described in LOC 50.07.005, Conditional Use Permits, including the specific conditions listed in LOC 50 07 005 3, and compliance with any use-specific standards referenced in the use table. Uses subject to a conditional use permit are subject to all other applicable requirements of this Code, including those set forth in LOC 50 06, Development Standards Uses accessory to a conditional use are allowed regardless of whether they are listed separately in the use table
c. Accessory Uses
An "A" in a cell of a use table indicates that the land use is expressly allowed in that base or overlay zone as an accessory use to a permitted use or an approved conditional use In addition to those expressly listed, all uses that are secondary and subordinate to a permitted or approved conditional use, and are frequently found in connection with that permitted or approved conditional use, are allowed as accessory uses A use is "accessory," when the use is (i) generally accepted as accessory to a primary use based on state of the industry, (ii) the accessory use is secondary to the primary use, (iii) the impacts of the accessory use do not significantly alter the impacts of the primary use (e g , traffic volume), and (iv) the accessory use is not the same size or scale as would be found for a primary use elsewhere
d. Prohibited Uses
A blank cell in a use table indicates that the land use is prohibited in that base or overlay zone district
e. Overlay Districts Provisions Govern
When a property is located within the boundaries of an overlay district, the use table provisions for that overlay district prevail over those in the base zone district For example, if a use is prohibited in the base zone district where the property is located, but is a permitted use in an overlay district applicable to the same property, then the use is allowed on that property On the other hand, if a use is listed as a permitted use in the base zone district but is listed as a conditional use in an overlay zone district applicable to the same property, then the use is a conditional use for that property Where a property is located in more than one overlay district, then the most restrictive use provision
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
in those overlay zone districts shall apply to the property
f. Use-Specific Standards and Table Notes
There may be additional standards that apply to specific permitted or conditional uses Those additional standards are either identified in a note at the end of the table or cross-referenced under the “use specific standards” column in the use table The cross-referenced standards appear in LOC 50 03 003, Use-Specific Standards, immediately following the use table
g. Authorization for Similar Uses
The City Manager may authorize that a use not specifically named in the permitted, conditional or prohibited uses of a district be included among the allowed uses, if the use 1) is similar to and of the same general type as the uses specifically allowed; 2) is consistent with the Comprehensive Plan; and 3) has similar intensity, density, off-site impacts and impacts on community facilities as uses permitted in the zone However, the City Manager may not authorize a use already specifically permitted in any other zoning district A person disagreeing with the City Manager’s decision may appeal that decision to the Planning Commission pursuant to LOC 50 07 003 7 b, Appeal of Minor Development Decision
(Ord 2723, Amended, 10/18/2016; Ord 2579, Repealed and Replaced, 03/20/2012)
2 RESIDENTIAL USE TABLE
TABLE 50.03.002-1: RESIDENTIAL DISTRICTS USE TABLE
P
Notes:
[1] Erected on pilings over the water of Oswego Lake
[2] No commercial activity allowed
[3] If lot has multiple zones, e g , R-0/EC, see LOC 50 02 002 2 e
[4] Site-specific use limitations, see LOC 50 02 002 2 c
(Ord 2909, Amended, 02/07/2023; Ord 2892, Amended, 06/07/2022; Ord 2815, Amended, 07/16/2019; Ord. 2784, Amended, 07/03/2018; Ord. 2723, Amended, 10/18/2016; Ord. 2668, Amended, 12/01/2015; Ord 2667, Amended, 10/20/2015; Ord 2643, Amended, 11/04/2014; Ord 2526, Amended, 12/18/2012; Ord. 2579, Repealed and Replaced, 03/20/2012)
50.03.003 USE-SPECIFIC STANDARDS
1. RESIDENTIAL – PERMITTED USES
a. Attached, Residential Townhome Uses in West Lake Grove
i. Subject to the following conditions, in addition to the other provisions of this Code:
(1) The minimum net density area for attached townhome housing is 2,500 sq. ft./lot area per unit
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
(2) The minimum required lot width shall be 17 ft The maximum lot coverage shall be 60%, excluding parking.
(3) Each unit of attached townhome housing shall be constructed on a separate lot
ii. Within the WLG RMU zone:
(1) Attached townhomes are allowed solely or in conjunction with office uses in the same building
(2) When a combination of office-commercial and attached townhome residential uses are proposed together on the same site and in separate buildings, the commercial structure(s) shall front on Boones Ferry Road Residential buildings shall occupy the rear portion of the parcel which is most proximate to the surrounding residential zoning districts.
iii. Within the WLG R-2 5 zone:
(1) The use is "Attached for-sale residential townhomes "
(2) When subdivisions are proposed in the WLG R-2 5 zone, a minimum density of 80% of the maximum allowed by the zone is required. For purposes of this subsection, the number of lots required shall be determined by dividing the net developable area by the minimum lot size per unit required in the underlying zone, and multiplying this number by 0 8 The result shall be rounded up for any product with a fraction of 0 5 or greater and rounded down for any product with a fraction of less than 0.5. The requirements of this subsection are subject to the exceptions contained in LOC 50 04 003 10, Exceptions to the Minimum Density Requirement for All Zones.
b. Manufactured Homes
i. General Provisions
(1) Manufactured Homes Permitted on Individual Lots and Parcels
Manufactured homes are permitted on individual lots or parcels in all residential zones as permitted in Table 50 03 002-1: Residential Districts Use Table, in accordance with the placement standards below and all other provisions of this Code which apply to conventionally built dwellings
(2) Deed Covenants or Restrictions
Nothing in these provisions shall be interpreted as superseding deed covenants or restrictions
(3) Manufactured Housing Construction and Safety Standards (HUD Code)
Act by the Oregon Department of Commerce; all of which became effective for mobile/manufactured home construction on June 15, 1976, shall be utilized as the minimum construction standard of the City of Lake Oswego to which all manufactured home placements shall comply except as provided otherwise by this section
(4) State Standards
Where standards for manufactured home construction and placement are established by state law or Department of Commerce Administrative Rules, such requirements shall apply in addition to those of this section
(5) Terms and Definitions
For purposes of this section only, the definitions of terms used herein and not defined in this Code shall be as defined in ORS Chapter 446 or OAR Chapter 918, Div 500 as amended
ii. Manufactured Home Placement Standards (Individual Lots)
(1) The manufactured home shall be multi-sectional and enclose a space of not less than 1,000 sq ft
(2) Bear an insignia of compliance with the Manufactured Housing Construction and Safety Standards Code and be:
(a) A new or not previously occupied unit; or
(b) Be found upon inspection to be in excellent condition and free of structural, electrical, mechanical, and plumbing defects, any of which must be corrected prior to placement
(3) Transportation mechanisms including wheels, axles and hitch must be removed The manufactured home shall be placed on an excavated and back-filled foundation and enclosed at the perimeter such that the finished floor elevation of the manufactured home is located not more than 12 in. above grade. The perimeter enclosure shall be a nonreflective material and give the outward appearance of a concrete, stone or masonry foundation This material shall be of weather resistant, noncombustible or self extinguishing materials. The materials below grade and for a distance of six in above finish grade shall be resistant to decay or oxidation.
All load bearing foundations, supports, and enclosures shall be installed in conformance with the Oregon Department of Commerce regulations (OAR, Chapter 814, Division 23) and with the manufacturer’s installation specifications
(4) Have utilities connected in accordance with City of Lake Oswego and Oregon Department of Commerce requirements and manufacturer’s specifications.
(5) The manufactured home shall have a pitched roof at a minimum of three ft in height for each 12 ft in width Eaves must extend at least one ft from the intersection of the roof and the exterior walls.
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
(6) The manufactured home shall have exterior siding and roofing which is similar to the exterior siding and roofing material commonly used in the community or which is comparable to the predominant materials used on surrounding dwellings (greater than 50%) within 300 ft of the subject property
(7) The manufactured home shall have either an attached or detached garage constructed at the same time the manufactured home is placed on the site or prior to occupancy The garage shall be constructed of like materials as the manufactured home. An attached carport shall be allowed if more than 50% of homes within 300 ft of the subject do not have garages.
Garages and carports shall be constructed to the Oregon State Structural Specialty Code
(8) If new or previously unoccupied, the manufactured home shall be certified by the manufacturer to have an exterior thermal envelope meeting performance standards which reduce heat loss levels equivalent to the performance of single-family dwellings constructed under the State Building Code as defined by ORS 455.010.
iii. Placement Permit
(1) Requirements
Prior to the location, relocation, or establishment of any manufactured home, the homeowner or authorized representative shall secure from the Building Official a placement permit which states that the building and its location conform with these and other relevant standards of this Code. Each application for a placement permit shall be accompanied by:
(a) A plot plan as required for all dwelling units and elevations or photographs of all sides of the home; drawings showing exterior dimensions; information illustrating the type of roofing and siding materials, foundation support system; and foundation enclosure method and materials
(b) A copy of the manufacturer’s approved instructions to be used for installation purposes
(c) An agreement signed by the homeowner or authorized representative pledging compliance with the terms set by the Building Official in the placement permit and other information as may be required for enforcement of these standards
(2) Issuance of Permit
Following receipt of the required information, the placement permit shall be issued by the Building Official within ten days if all requirements have been met
(3) Denial and Revocation of Placement Permit
The Building Official shall deny a placement permit which does not provide the proper information or which proposes to site a manufactured home not in conformance with the requirements of this Code.
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
The Building Official shall revoke a placement permit when such permit was issued on the basis of incorrect or misleading information. In this case the applicant shall cease work on the placement and/or occupancy of the unit and reapply for a placement permit and pay the required fees within five days of written notification of revocation by the Building Official If the Building Official determines that it is not possible for placement of the manufactured home or the unit itself to meet the requirements of this Code, then it shall be removed from the site within 15 working days of written notice
iv. Occupancy Certificate
Occupancy Requirement: Prior to the occupancy of any manufactured home, the homeowner or authorized representative shall request from the Building Official a Certificate of Completion stating that all requirements of this Code have been complied with The Building Official shall inspect the property and if all requirements have been complied with, an occupancy certificate shall be issued
If the applicant has not met the required conditions and standards, the Building Official may issue a temporary occupancy certificate along with a written statement of requirements to be met. The temporary occupancy permit shall not exceed 30 days.
The Building Official may also elect not to issue the certificate of occupancy if there is a substantial degree of noncompliance with the standards of this Code The manufactured home shall not be occupied until these standards have been complied with.
c. Manufactured Home Park or Subdivision
i. Must be located in the R-0, R-3 or R-5 zones
ii. Maximum project size of ten acres; one-half acre minimum project size.
iii. Must be located on arterial or collector street.
iv. Public services must have the capacity to serve the proposed development
v. Must be separated from other manufactured home parks or subdivisions by either:
(1) A distance of one mile; or
(2) By a permanent topographic or vegetative buffer such as a hill or wooded area which completely screens one manufactured home park from another or from existing residential development. If newly planted, the screening must be of a size to form an effective screen in five years
d. Cottage Clusters
In addition to the standards above, the following design standards shall be applied to cottage cluster developments:
i. Individual cottage cluster dwellings must have a footprint of no more than 900 sq ft each
ii. Common Courtyard Design Standards
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
(1) Each cottage cluster shall include no more than one common courtyard per lot that meets the following standards:
(a) The common courtyard must be a single, contiguous piece on one lot;
(b) Cottages must abut the common courtyard on at least two sides of the common courtyard;
(c) The common courtyard must contain a minimum of 150 sq ft per cottage within
Figure 50.03.003-D: Cottage Cluster Orientation and Common Courtyard Standardsthe associated cluster;
(d) The common courtyard must be a minimum of 15 ft wide at its narrowest dimension;
(e) The common courtyard shall be developed with a mix of landscaping, lawn area, pedestrian paths, or paved area, and may also include recreational amenities Impervious elements shall not exceed 75% of the total common courtyard area;
(f) Pedestrian paths must be included in a common courtyard;
(g) Paths that abut a courtyard shall count toward the courtyard’s minimum dimension and area Parking areas, required setbacks, and driveways do not qualify as part of a common courtyard
(2) 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, ground cover, trees, shrubs, patios, benches, or gazebos.
iii. Cottage Orientation
(1) Each cottage within a cluster must either abut a common courtyard or must be connected to it by a pedestrian path.
(2) A minimum of 50% of cottages within a cluster must be oriented to the common courtyard by:
(a) Having a primary entrance into the living area of the cottage facing the common courtyard;
(b) Being within ten ft from the common courtyard, measured from the wall or front porch of the cottage to the nearest edge of the common courtyard; and
(c) Being connected to the common courtyard by a pedestrian path
(3) Cottages within 20 ft of a property line abutting a public street must have a primary entrance into the living area of the cottage facing the street, unless required otherwise by subsection 1 d iii(2) of this section
(4) Cottages not facing the common courtyard or the street must have their primary entrance into the living area of the cottage facing a pedestrian path that is connected to the common courtyard
See Figure 50.03.003-D: Cottage Cluster Orientation and Common Courtyard Standards.
iv. Community Buildings
(1) Cottage cluster developments may include community buildings for the shared use of residents that provide space for accessory amenities such as community meeting rooms, guest housing, exercise rooms, day care, or community eating areas Community buildings must meet the following standards:
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
(a) Each cottage cluster is permitted one community building, which shall count towards the maximum average floor area, pursuant to LOC 50 04 001 1 d iv, 2 d iv, and 3.c.iii; and
(b) A community building that meets this Code’s definition of a dwelling unit must meet the maximum 900 sq ft footprint limitation that applies to cottages, unless a covenant is recorded against the property stating that the structure is not a dwelling unit and will not be used as a primary dwelling
v. Pedestrian Access
(1) A pedestrian circulation plan is required that provides accessible paths connecting the main entrance of each cottage to the following:
(a) The common courtyard;
(b) Shared parking area(s);
(c) Community building(s); and
(d) Sidewalks or public pathways in public rights-of-way abutting the site or rights-ofway if there are no sidewalks.
(2) The pedestrian path must be hard-surfaced and a minimum of four ft wide
vi. Parking Design
(1) Clustered Parking
Off-street parking shall be arranged in clusters, subject to the following standards:
(a) Cottage cluster developments with fewer than 16 cottages are permitted parking clusters of not more than five abutting spaces
(b) Cottage cluster developments with 16 cottages or more are permitted parking clusters of not more than eight abutting spaces
(c) Parking clusters must be separated from other parking spaces by at least four ft of landscaping.
(d) Clustered parking areas may be covered.
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
(2) Parking Location and Access
(a) Off-street parking spaces and vehicle maneuvering areas shall not be located within 20 ft. of any front or side street lot line, except for lot lines abutting alleys.
(b) Off-street parking spaces and vehicle turnaround areas shall not be located between a front or side street lot line and the front facade of cottages located closest to the front or side street lot line
(c) Off-street parking spaces shall not be located within ten ft of any other lot line, except for lot lines abutting alleys. Driveways and drive aisles are permitted within ten ft of other property lines
(3) Screening
Landscaping screening that consists of a minimum of 50% evergreen shrubs or trees that can obtain a minimum height of three ft within two years of planting, fencing, or walls at least three ft. tall shall separate clustered parking areas and detached garages from common courtyards and public streets
(4) Garages
(a) Garages (whether shared or individual) shall not abut common courtyards.
(b) Individual detached garages must not exceed 400 sq. ft. in floor area.
(c) Garage doors for attached and detached individual garages must not exceed 20 ft. in width.
(d) Garages with opening(s) that face the street must comply with LOC 50.06.001.4, Garage Appearance and Location
vii Accessory Structures
Accessory structures shall not exceed 400 sq. ft. in gross floor area.
viii. Existing Structures
On a lot or parcel to be used for a cottage cluster development, an existing detached singlefamily dwelling on the same lot at the time of proposed development of the cottage cluster may remain within the cottage cluster development area under the following standards:
(1) The existing dwelling may be nonconforming with respect to the requirements of this subsection 1 d
(2) An existing dwelling that is less than the maximum height of the underlying zone or the maximum building footprint of 900 sq. ft. may be expanded up to the maximum height or footprint
(3) The floor area of the existing dwelling shall not count towards the maximum average floor area of a cottage cluster.
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
(4) The existing dwelling shall be excluded from the calculation of orientation toward the common courtyard, per subsection 1.d.ii(1) of this section.
ix. Shared Facilities
All shared garbage and storage facilities and mechanical equipment shall be screened from view so that garbage containers and equipment are not visible from the street.
e. Townhouse Projects
In addition to the standards in subsections 1 a through 1 c of this section, no more than four units shall be allowed in an attached townhouse structure.
(Ord 2892, Amended, 06/07/2022; Ord 2853, Amended, 11/03/2020; Ord 2732, Amended, 02/21/2017; Ord 2723, Amended, 10/18/2016; Ord 2668, Amended, 12/01/2015; Ord 2643, Amended, 11/04/2014; Ord 2612-A, Amended, 05/21/2013; Ord 2526, Amended, 12/18/2012; Ord 2579, Repealed and Replaced, 03/20/2012)
2 RESIDENTIAL USES IN COMMERCIAL AND SPECIAL PURPOSE ZONES
a. GC and NC
Except as specifically allowed in LOC 50.02.002.2, Specific Standards for Commercial, Mixed Use, and Industrial Zones, a residential use may occupy the ground floor in the GC or NC zones only if a commercial use is located along the street frontage and the residential use is located behind the commercial use with the following exceptions:
(i) A residential use may occupy the ground floor in the GC zone at street frontage designated Park Lane, Crossroads Gateway or Campus Woods within the Lake Grove Village Center Overlay District (see Village Character Map, LOC Figure 50.05.007-D).
(ii) On a corner site, the residential use is behind the commercial use as viewed from the higher classification street
b EC Zone
With a maximum 3.0:1 FAR (four unit minimum) on parcels > 6,000 sq. ft. in size. For parcels ≤ 6,000 sq ft in size, there is no minimum unit requirement Use not allowed on ground floor within the area depicted on Figure 50.03.003-A: Area of Ground Floor Residential Use Prohibition in EC District.
Figure 50.03.003-A: Area of Ground Floor Residential Use Prohibition in EC District
c. CI Zone
Multifamily housing use is limited to Subarea I as shown on the Marylhurst Campus map in LOC 50.11.006: Appendix F, and shall consist of 20 or more units where at least 10% of the units are continuously rented, leased or made available for an amount of rent plus expenses associated with occupancy, such as utilities and fees, totaling not more than 30% of the income level that is 80% of area median income according to the Clackamas County Housing Authority’s income limits for affordable housing, adjusted for household size
d. WLG OC Zone
Residential uses are limited to multifamily residences in the vicinity of Boones Ferry Road and West Sunset Drive, as depicted on Figure 50 03 003-A 1, and shall consist of 20 or more units where at least ten percent of the units are continuously rented, leased or made available for an amount of rent plus expenses associated with occupancy, such as utilities and fees, totaling not more than 30% of the income level that is 80% of area median income according to the Clackamas County Housing Authority’s income limits for affordable housing, adjusted for household size
(Ord 2872, Amended, 10/05/2021; Ord 2855, Amended, 12/15/2020; Ord 2723, Amended, 10/18/2016)
3. CONDITIONAL USES IN THE R-2 AND R-6 ZONES
In addition to the criteria contained in LOC 50 07 005, Conditional Use Permits, an application to establish a new conditional use in the R-2 or R-6 zones must comply with the following criteria:
a. A new conditional use shall not be located on a street with a traffic level that exceeds the functional classification of the street as set forth in the Lake Oswego Comprehensive Plan connected community chapter.
b. If the street upon which the new use will be located is an arterial or collector and is currently operating within the parameters of its functional classification as set forth in the Lake Oswego Comprehensive Plan connected community chapter, the use shall not cause the street to exceed the allowable amount of traffic for its functional classification
c If the street upon which the new use will be located is a local street and is currently operating within the parameters of its functional classification as set forth in the Lake Oswego Comprehensive Plan connected community chapter, the use shall not have a traffic impact (TI) of greater than 10 Traffic impact is based on the increase in average daily trips (ADT) and is calculated as follows:
i. In the R-2 Zone: TI = ADT Increase/ (lot size/2,000);
ii In the R-6 Zone: TI = ADT Increase/ (lot size/6,000)
d. Where available, a conditional use shall take access from collector or arterial streets and not from local streets
Exception: A conditional use may take access from a local street if a traffic evaluation indicates that access to the local street would improve public safety or traffic management when compared to access from the available collector or arterial (Ord. 2725, Amended, 12/06/2016; Ord. 2723, Added, 10/18/2016)
50.03.004
ACCESSORY STRUCTURES AND USES
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
1. ACCESSORY USES
a. General Standards
i. Accessory uses are allowed in conjunction with the principal use and shall comply with the requirements of this section and all requirements for the principal use, except where specifically modified by this Code
ii A greenhouse or hothouse may be maintained accessory to a dwelling only if there are no sales
iii. A guesthouse
b Standards for Specific Uses
i. Farm Stand
As an accessory use, farm stands are limited to one per site with a maximum size of 800 sq ft floor area
ii. Home Occupation
A home occupation may be conducted where allowed by other provisions of this Code if the following conditions are continuously complied with:
(1) The use does not alter the residential character of the neighborhood nor infringe upon the right of residents in the vicinity to the peaceful enjoyment of the neighborhood
(2) A current and valid business license is maintained
(3) No persons other than family members who reside at the dwelling may be employed or otherwise work in the home occupation, except persons performing housekeeping, yard maintenance, or other domestic services for the dwelling where the business occurs
(4) No outside storage of goods or materials other than vegetation.
(5) No more than 25% of the aggregate floor area on the lot is devoted to nonresidential use, except that an entire dwelling unit or portion thereof may be used for short-term rental lodging; an accessory structure may be used, provided the provisions of this subsection are met
(6) Marijuana facilities are prohibited.
(7) Short-term rentals shall meet the following additional standards:
(a) A person who owns a lot containing a short-term rental (primary or secondary dwelling unit) must maintain their primary residence on the lot. The owner is not required to be on the lot when the dwelling is rented
(b) No other commercial uses are allowed in conjunction with or accessory to a short-term rental. The short-term rental shall not be marketed for group events such as
weddings, classes, or similar events, for example
iii. Large Animals Kept for Owner’s Personal Use
This use may be permitted with no commercial activity under the following conditions:
(1) The lot area shall be a minimum of one acre. The total number of large animals allowed on a specific property shall be determined by dividing the total area of the property by 15,000 sq. ft. per animal over the age of six months.
(2) Animal runs or barns shall not be closer than 70 ft from the front property line and not closer than 35 ft from a side or rear property line
(3) Animals shall be properly housed and proper sanitation shall be maintained with food, other than hay or fodder, stored in metal or other rodent-proof receptacles
iv. Restaurant
In the IP zone, this use shall not exceed 2,000 sq. ft. in gross floor area and shall be co-located within a building with another permitted use No drive-through service allowed
v. Retail
In the IP zone, this use is limited to 25% of gross floor area, not to exceed 5,000 sq. ft. per business
vi. Accessory Dwelling Unit
(1) Generally Applicable Standards
An accessory dwelling unit (ADU) may be allowed in conjunction with a single-family dwelling by conversion of existing floor area, by means of an addition, or as an accessory structure on the same lot with an existing dwelling, when the following conditions are met:
(a) Public services are to serve both dwelling units
(b) The maximum size of the ADU is limited to 800 sq ft of gross floor area, except where a portion of a dwelling existing as of August 2, 2018, is converted to an ADU up to 200 sq ft of floor area consisting of circulation areas (halls, stairs, etc ), chimneys, and heating and ventilation systems is excluded from the gross floor area calculation.
(c) No more than one additional unit is allowed
(d) The unit is in conformance with the site development requirements of the underlying zone, including any allowed adjustments and additions listed in the base zone, or is located within a lawful nonconforming structure, or the ADU is located in a structure that was previously granted a variance pursuant to LOC Article 50.08. Per LOC 50 08 002 2, a minor variance is allowed to the ADU design standards per subsection 1.b.vi(1)(e) of this section, to applicable zone dimensional standards, or to the Oswego Lake setback in order to locate an ADU on the site Major variances and design variances solely to locate an ADU on the site are not allowed.
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
(e) The following standards shall be met where a detached ADU is placed less than ten ft to a property line:
(i) The ADU entrance shall be placed no closer than ten ft to any property line;
(ii) A six-foot-tall sight-obscuring wood fence shall be provided along the subject property line(s), from the ADU back to the closest side/rear property corner; and
(iii) Where a wall that is less than ten ft from a property line contains window(s), the window panes on that wall shall be at least 72 inches above the finished floor of the ADU
(f) For an internal conversion ADU, the required separate entrance to the ADU shall not be placed on the front facade of the existing house No variance to this limitation is permitted.
(2) Standards for Specific Zones
(a) In the R-5, R-3, R-2, and R-0 zones this use shall be associated with a detached single-family unit only.
(b) In the R-15, R-10, R-7.5, R-6, and R-DD zones this use is limited to one per lot.
(Ord 2909, Amended, 02/07/2023; Ord 2832, Amended, 01/07/2020; Ord 2815, Amended, 07/16/2019; Ord. 2784, Amended, 07/03/2018; Ord. 2732, Amended, 02/21/2017; Ord. 2723, Amended, 10/18/2016; Ord 2526, Amended, 12/18/2012; Ord 2579, Repealed and Replaced, 03/20/2012)
2. ACCESSORY STRUCTURES
a. Structure Specific Regulations
i. Pool Covers and Equipment
(1) Pool covers shall not exceed 15 ft in height
(2) Pool equipment shall be located within an enclosed structure
ii. Parabolic antennas that have a diameter greater than 40 in. may only be placed in rear yards, on the ground, and must be screened by landscaping
iii Except as provided in LOC 50 05 010, Sensitive Lands Overlay Districts, boathouses and docks along Oswego Lake and its canals may be placed on a property line
iv. Residential heat pumps, air conditioners or similar noise-producing mechanical equipment shall meet the required front setbacks of the zone. The equipment shall be set back from the side, street side and rear property lines as follows:
(1) Interior Side Yard: 5 ft
(2) Street Side Yard, Local Street: 10 ft.
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
[
(3) Street Side Yard, All Other: 15 ft
(4) Rear: 10 ft
Exception: if the minimum required side, street side, or rear setbacks of the zone are less than the setbacks listed above, then the less restrictive setback(s) shall apply
b. Reduction of Side or Rear Yard Setbacks for Accessory Structures
i Regular Lot On a nonflag lot, a rear yard setback may be reduced to three ft and a side yard setback may be reduced to five ft for an accessory structure in a residential zone if the structure complies with the following criteria:
(1) The accessory structure is erected more than 40 ft. from any street. For the purposes of this subsection, an alley shall not be considered a street The side and rear setbacks for a detached garage obtaining access from an alley may be reduced to three ft. or to the degree the garage maintains access that provides an outside front wheel turning radius of at least 25 ft., whichever is greater.
(2) For an accessory structure greater than four ft in height, the accessory structure is detached from other buildings by three ft or more
(3) The accessory structure does not exceed a height of ten ft. nor an area of 600 sq. ft. footprint
ii. Flag Lots. A side or rear yard setback may be reduced to six ft on a flag lot when the criteria in subsections 2.b.i(1) through (3) of this section are met.
iii. The setback exception authorized by subsection 2 b i or 2 b ii of this section does not apply to:
(1) Setbacks required by LOC 50.04.002, Special Street Setbacks;
(2) Noise-producing accessory structures such as heat pumps, air conditioners, swimming pool motors, etc ;
(3) Lot is zoned R-6;
(4) Accessory structures used as accessory dwelling units
Cross-Reference: LOC 50 04 001 2 e ii – R-6 Yard Setback Standards ]
(Ord. 2909, Amended, 02/07/2023; Ord. 2784, Amended, 07/03/2018; Ord. 2766, Amended, 02/06/2018; Ord 2732, Amended, 02/21/2017; Ord 2612-A, Amended, 05/21/2013; Ord 2526, Amended, 12/18/2012; Ord. 2579, Repealed and Replaced, 03/20/2012)
50.03.005 TEMPORARY STRUCTURES AND USES
Temporary structures and uses are permitted only as follows:
1 IN ANY ZONE
a. Temporary structures and use of recreational vehicles for temporary shelter for relief of victims
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
of a disaster or emergency
b. One temporary construction office not to exceed 1,000 sq ft located on the construction site This use does not include real estate sales or promotion.
c. Temporary structures and uses in conjunction with installation or maintenance of utilities
d. Upon property for which the primary existing use is other than residential, temporary uses and nonsubstantial structures* for public or nonprofit education, fund-raising, weekend fair, athletic events or jamborees/tournaments, artistic, musical/concert performances, or other similar uses, subject to obtaining a special event permit pursuant to LOC 20.06.500. Such use shall not exceed 15 days within any calendar year unless approval is granted by the City Manager, upon a determination that the public interest is not adversely affected and that the impact upon the surrounding neighborhood is minimal; in no event shall the use exceed 120 days Any weekend fair shall occur between Friday and the following Monday, provided the number shall not exceed one in any calendar quarter. Examples of weekend fairs include Festival of the Arts and classic car shows All produce and debris will be removed at the end of the business day. Temporary security facilities for the weekend fair, including overnight security by the occupancy of a caretaker or security personnel in trailers or recreational vehicles, is permitted.
e. In addition to LOC 50.03.005.5.a, below, a tent canopy of any nature may be placed in a setback yard or special street setback of any lot for not more than three days (any portion of a day, between 12:00 a.m. and ending at 11:59 p.m., shall be counted as a day) within any 30-day period. Tent canopies are typically composed of fabric or light metal roofs and sides, if any; they are also known as "cover-it garage," car or boat canopy, car shed, quick-up folding canopy, and/or portable carport. Examples of these canopies are illustrated in the pictures below
f. Portable Outdoor Storage Units (Portable On-Demand Storage) Portable outdoor storage units may be placed on a lot, including within the setback areas, for not more than 60 days (any portion of a day, between 12:00 a m and ending at 11:59 p m , shall be counted as a day) within any 12-month period
i. Six-Month Renewal with Building Permit Exception
A permit for a portable outdoor storage unit may be extended by the City Manager for up to six months upon written request by a building permit holder, demonstrating the storage unit is used
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
in conjunction with an active building permit on the site This extension may be renewed for successive six-month periods.
(Ord. 2579, Repealed and Replaced, 03/20/2012)
2. IN RESIDENTIAL ZONES
a. Overnight use of tent or similar structure, but not a trailer or recreational vehicle, for family use within the rear yard of a dwelling
b. The showing of model or "showcase" homes, and nonsubstantial structures* for uses related thereto, within a subdivision for a fee is allowed for a period not to exceed one month, subject to obtaining a special event permit. Only one showing is allowed per phase of a subdivision.
*Examples of nonsubstantial structures include: tents or three-sided booths, stages, and removable decks, secured to the ground by no more than stakes or pins, and that can be easily disassembled and removed from the site without significant damage to the site
(Ord 2579, Repealed and Replaced, 03/20/2012)
3 USE OF RECREATIONAL VEHICLE AS A DWELLING UNIT PROHIBITED
A recreational vehicle shall not be used as a dwelling unit This section prohibits any use of such facilities for dwelling purposes for more than 72 hours in any seven-day period.
(Ord 2579, Repealed and Replaced, 03/20/2012)
LOC 50.04: DIMENSIONAL STANDARDS
50 04 001 DIMENSIONAL TABLE
50.04.002 SPECIAL STREET SETBACKS
50 04 003 EXCEPTIONS, PROJECTIONS, AND ENCROACHMENTS
50.04.004 SOLAR ADJUSTMENTS
50.04.001 DIMENSIONAL TABLE
The following dimensional regulations apply to the base zones as identified in each table These dimensions may have exceptions or modifications as identified in LOC 50 04 003 1, Additional Dimensional Exceptions
1 RESIDENTIAL LOW DENSITY ZONES
a. Dimensional Standards
Development in the R-7 5, R-10, and R-15 zones shall conform to the dimensional standards in Table 50 04 001-1 except as modified below
TABLE 50.04.001-1: RESIDENTIAL LOW DENSITY ZONES DIMENSIONS
Accessory Structure
50.04.001.1.g
Additional Standards and Modifications
50 04 001 1 b – g
[1] When subdivisions are proposed, the number of lots required shall be determined by dividing the net developable area by the minimum lot size per unit required in the underlying zone, and multiplying this number by 0 8 The result shall be rounded up for any product with a fraction of 0 5 or greater and rounded down for any product with a fraction of less than 0 5 The requirements of this section are subject to the exceptions contained in LOC 50 04 003 10, Exceptions to the Minimum Density Requirement for All Zones
[2] Net developable area divided by the minimum lot area per unit and rounded down to the nearest whole number. The actual density allowed on a site will be determined at the time of development review Maximum density will be allowed to the extent that facts presented to the hearing body show that development at that density can occur within requirements set forth in the Development Standards Duplexes, triplexes, quadplexes, and cottage cluster developments are exempt from maximum density standards For townhouse projects, the maximum density is four dwelling units per equivalent minimum lot area required per single-family dwelling in that zone
[3] Up to a 25% reduction in minimum required lot area for each dwelling unit shall be allowed to permit the relocation of a designated historic landmark, when relocation has been approved by the designated hearing body.
[4] Base building height of single-family and middle housing dwellings may be increased by one ft. for every five additional ft. in yard setback on all sides.
[5] Maximum base height across the site shall be established by a flat plane measured at 28 ft. (R-7.5 zone) or 30 ft. (R-10 zone) above the highest point of the natural ground surface within the building envelope, unless the natural ground surface is lowered, in which case the height is measured from the lowered ground surface per the definition of "height of building" in LOC 50 10 003 2 In no case shall the base height exceed 32 ft. (R-7.5 zone) or 34 ft. (R-10 zone). See Figure 50 04 001-A: Height Adjustment for Sloping Topography
[6] Building height exceptions shall not exceed the building height of the primary structure
[7] Cottage cluster developments are exempt from maximum floor area standards, but maximum average floor area standards shall be applied to individual cottage cluster dwellings. See LOC 50.04.001.1.d.iv, Maximum Average Floor Area of Units in a Cottage Cluster, and LOC 50 03 003 1 d, use-specific standards for cottage clusters.
[8] Maximum floor area standards for townhouses shall be applied to a townhouse
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
project, and not to individual townhouse lots or dwellings See also LOC 50.04.001.1.d.v, Maximum Floor Area of Townhouses.
[Cross-References: Height Limitation: see Charter Section 46A for 50 ft Maximum Height of Structures in Residential Areas; Height Measure: see LOC 50 04 003 4, General Exception to Structure Height Limitations ]
b Density – Additional Standards
There are no additional standards for density in this section.
c. Lot Dimensions – Additional Standards
There are no additional standards for lot dimensions in this section
d. Floor Area – Additional Standards
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
Figure 50.04.001-A: Height Adjustment for Sloping Topographyi. Floor Area of Garages and Accessory Structures
(1) Garage and Accessory Structures Included in Calculation
For purposes of calculating maximum floor area for dwellings in the R-7 5, R-10, and R-15 zones, the floor area of garages and accessory structures shall be included in the total that is subject to the maximum floor area standard of this section
(2) Exceptions
Habitable areas of detached accessory structures that would normally be counted as floor area shall be exempt from floor area calculations:
(a) For lots less than or equal to 10,000 sq ft in area – up to 200 sq ft
(b) For lots greater than 10,000 sq ft in area – up to 400 sq ft
ii. Maximum Floor Area of Accessory Structures
An accessory structure ≤ 18 ft in height shall not exceed a total 800 sq ft in size, or the square footage of the footprint of the primary structure, whichever is less An accessory structure > 18 ft. in height shall not exceed a total 600 sq. ft. in size or the square footage of the footprint of the primary structure, whichever is less
iii. Maximum Floor Area of Nonresidential Structures
Maximum floor area for uses other than residential structures and their accessory structures shall be as follows:
(1) Conditional uses: Established as part of the conditional use process.
(2) Other nonresidential uses: No greater than 1:1.
iv. Maximum Average Floor Area of Units in a Cottage Cluster
Maximum average floor area for dwelling units within a cottage cluster development shall be as follows:
R-7 5: 1,000 sq ft
R-10 and R-15: 1,200 sq ft
v Maximum Floor Area of Townhouses
Maximum floor area standards for townhouses shall be applied to a townhouse project, and not to individual townhouse lots or dwellings
e. Yard Setback – Additional Standards
i. Zero Lot Line Units
Two lots that have zero lot line units are considered a unified site for the purposes of meeting all
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
required setbacks
ii. Planned Development
Setbacks for a planned development will be determined at the time of review The maximum setback that can be required is 35 ft
iii. Special Setbacks for Steeply Sloped Lots
On steeply sloped lots the minimum required front yard setback for detached dwellings and middle housing shall be 18 ft
iv. Corner Lots
Front lot lines on corner lots may face either street The City Manager shall determine the front lot line after taking into consideration the orientation of structures on the site and nearby lots, the ability to meet setbacks without variances, and physical site or solar access limitations Street access should be to local streets
v. Measurement of Side Yard Setback
For purposes of this section, the width of the side yard setback shall be measured from that portion of the side property line that is nearest to any portion of the structure to that portion of the structure
vi. Common Party Walls Prohibited – Accessory Structures
Except for boathouses within the Oswego Lake setback, accessory structures on abutting lots may not be built with common party walls
vii Cottage Cluster Building Separation
Cottages shall be separated from each other by a minimum distance of ten ft.
f. Lot Coverage – Standards
i. Maximum Lot Coverage
Maximum lot coverage for the R-7 5, R-10, and R-15 districts shall be based on the "height of building"as defined in LOC 50 10 003 2, as follows:
TABLE 50.04.001-2: RESIDENTIAL LOW DENSITY LOT COVERAGES
(1) Cottage clusters are exempt from maximum lot coverage standards
(2) Maximum lot coverage standards shall be applied to a townhouse project, and not to individual townhouse lots or dwellings
ii. Special Requirements for Schools
(1) Lot coverage shall not exceed 30% for a school built to accommodate at least 100 students and that has at least two grades within the range of K-12;
(2) Lot coverage shall not exceed 30% for a mixed use development that includes a school built to accommodate at least 100 students and that has at least two grades within the range of K-12;
iii. Garage Footprint Exemption
The garage footprint, including any area directly above or below the garage, shall be exempt from lot coverage as provided below:
(1) Up to a cumulative maximum of 200 sq ft shall be exempt for garages that are:
(a) Rear- or side-loading, or
(b) Located 20 ft. or more back from the closest point of the dwelling to the front lot line, or
(c) In the case of corner lots, 20 ft or more back from the closest point of the dwelling to the front and street side lot lines
(2) Up to a cumulative maximum of 400 sq ft shall be exempt for a detached garage that meets subsection 1.f.iii(1) of this section, and the lot is greater than 10,000 sq. ft. in area.
g. Height – Additional Standards
A greater height than otherwise permitted is allowed for:
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
i. Single-Family Dwellings and Middle Housing
Base building height may be increased by one ft. for every five additional ft. in yard setback on all sides, beyond the minimum code standards provided in Table 50 04 001-1 above
ii. Any Structure
Roof forms or architectural features (such as cupolas or dormers) of any structure provided that these roof forms or features:
(1) Do not extend more than six ft above the maximum specified base height;
(2) Do not, in total, exceed one-third of the width of the building or buildings as measured on any elevation drawing for an individual roof form or projection or do not exceed one-half of the width of the building for two or more separate roof forms or projections; and
(3) Do not, in total, cover more than 20% of the roof area on which they are located as viewed from directly above for an individual roof form or projection or 30% for multiple roof forms or projections. Examples of permitted exceptions are illustrated in Figure 50.04.001B: Height Exceptions
[Cross-References: Height Limitation: see Charter Section 46A for 50 ft Maximum Height of Structures in Residential Areas; Height Measure: see LOC 50 04 003 4, General Exception to Structure Height Limitations ]
(Ord 2909, Amended, 02/07/2023; Ord 2892, Amended, 06/07/2022; Ord 2732, Amended, 02/21/2017; Ord 2612-A, Amended, 05/21/2013; Ord 2526, Amended, 12/18/2012; Ord 2579, Repealed and Replaced, 03/20/2012)
2. RESIDENTIAL MEDIUM DENSITY ZONES
a. Dimensions
Development in the R-DD, R-5, and R-6 zones shall conform to the dimensional standards in Table 50 04 001-3 except as modified below:
TABLE 50.04.001-3: RESIDENTIAL MEDIUM DENSITY ZONES DIMENSIONS
[1] When subdivisions are proposed in the R-5 and R-6 zones or multi-family development is proposed in the R5 zone, the number of lots or dwelling units required shall be determined by dividing the net developable area by the minimum lot size per unit required in the underlying zone, and multiplying this number by 0 8 The result shall be rounded up for any product with a fraction of 0 5 or greater and rounded down for any product with a fraction of less than 0 5 The requirements of this section are subject to the exceptions contained in LOC 50 04 003 10, Exceptions to the Minimum Density Requirement for All Zones When subdivisions are proposed in the R-DD zone, the density is computed by multiplying the net developable area by either five, ten, or 14 per the applicable type of development The result shall be rounded up for any product with a fraction of 0 5 or greater and rounded down for any product with a fraction of less than 0 5
[2] Net developable area divided by the minimum lot area per unit and rounded down to the nearest whole number The actual density allowed on a site will be determined at the time of development review Maximum density will be allowed to the extent that facts presented to the hearing body show that development at that density can occur within requirements set forth in the Development Standards Duplexes, triplexes, quadplexes, and cottage clusters in residential zones are exempt from maximum density standards For townhouse projects in residential zones, the maximum density is four dwelling units per equivalent minimum lot area required per single-family dwelling in that zone.
[3] R-DD zone maximum density expressed in number of dwelling units per net The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
developable area is computed by dividing the net developable area by 2,000 sq ft and rounding down to the nearest whole number. Duplexes, triplexes, quadplexes, and cottage clusters in the R-DD zone are exempt from maximum density standards For townhouse projects in the R-DD zone, the maximum density is four dwelling units per equivalent minimum lot area required per single-family dwelling in that zone
[4] Except for structures that have been determined by the State or National Register of Historic Places as being of historic significance
[5] Lots with sloping topography – Maximum base height across the site shall be established by a flat plane measured at 28 ft above the highest point of the natural ground surface within the building envelope, unless the natural ground surface is lowered, in which case the height is measured from the lowered ground surface per the definition of "height of building" in LOC 50 10 003 2 In no case shall the base height exceed 32 ft See Figure 50 04 001-A: Height Adjustment for Sloping Topography
[6] Cottage cluster developments are exempt from maximum floor area standards, but maximum average floor area standards shall be applied to individual cottage cluster dwellings See LOC 50 04 001 2 d iv, Maximum Average Floor Area of Units in a Cottage Cluster, and LOC 50 03 003 1 d, use-specific standards for cottage clusters
[Cross-Reference: Height Limitation: see Charter Section 46A for 50 ft. Maximum Height of Structures in Residential Areas; LOC 50 04 003 4, General Exception to Structure Height Limitations; LOC 50.06.001.5.b.]
b. Density – Additional Standards
In the R-5 and R-DD zones, applicants may request up to a 25% density bonus for public agency rental housing projects In the R-5 zone this request is processed as a conditional use and may not include residential care housing or accessory dwelling units In the R-DD zone this may not include accessory dwelling units
c. Lot Dimensions – Additional Standards
i PD Designation
(1) R-5
For projects reviewed for approval as planned developments, pursuant to LOC 50 07 007 4, Planned Development Overlay, there is no required minimum lot area Units may be placed on any portion of the site as long as the project complies with other requirements of this Code
(2) R-6
(a) Lot sizes and dimensions may be reduced for projects reviewed as planned developments and as provided by subsection b, below However, the overall density allowed on the site may not be exceeded except as allowed by subsection 2.c.i(2)(b) of this section
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
(b) Up to a 25% reduction in minimum required lot area for each dwelling unit shall be allowed in the R-6 zone to permit the relocation of a designated historic landmark, when relocation has been approved by the designated hearing body in conformance with the provisions of LOC 50 07 004 4
ii. R-5, R-6, and R-DD with Sensitive Lands Designation
For projects on properties subject to a Sensitive Lands designation, lot areas may be modified as provided in LOC 50 05 010, Sensitive Lands Overlay Districts
d. Floor Area – Additional Standards
i. Both R-5 and R-6 Zones
(1) For purposes of calculating maximum floor area for dwellings, the floor area of garages and accessory structures shall be included in the total that is subject to the maximum floor area standard of this section
(2) Maximum FAR for uses other than residential uses and their accessory uses shall be as follows:
(a) Conditional uses: established as part of the conditional use process
(b) Other nonresidential uses: No greater than 1:1
ii. R-5 Zones
(1) Garages
Floor area of attached garage located at the rear of the primary structure or for side-loading garages – up to 200 sq. ft. is exempt from floor area.
(2) Garages and Other Accessory Structures
Habitable areas of detached accessory structures that would normally be counted as floor area shall be exempt from floor area calculations as follows:
(a) For lot sizes up to 10,000 sq. ft. – up to a cumulative maximum of 200 sq. ft.
(b) For lot sizes greater than 10,000 sq ft – up to a cumulative maximum of 400 sq ft
iii. R-6 Zones
(1) Habitable Areas of Accessory Structures
Provided only one garage is located on the site, habitable areas of detached accessory structures that would normally be counted as floor area for purposes of floor area calculations shall be exempt as follows in the floor area calculations, as follows:
(a) For lots less than or equal to 10,000 sq ft in area – up to 200 sq ft
(b) For lots greater than 10,000 sq ft in area – up to 400 sq ft
(2) Size of Accessory Structures
An accessory structure ≤ 18 ft in height shall not exceed a total of 800 sq ft in size or the square footage of the footprint of the primary structure, whichever is less An accessory structure > 18 ft in height shall not exceed a total of 600 sq ft or the square footage of the footprint of the primary structure, whichever is less
iv. R-6, R-5, and R-DD Zones
(1) Maximum Average Floor Area of Units in a Cottage Cluster
Maximum average floor area for dwelling units within a cottage cluster development shall be 1,000 sq ft
e. Yard Setback – Additional Standards
i. R-5 Yard Setback Standards
(1) Required Setbacks
TABLE 50.04.001-4: YARD SETBACK REQUIREMENTS
(2) Additional Setback Standards and Modifications
(a) Where a lot zoned R-5 abuts a lot zoned R-6, 7 5, 10, or 15, the building on the R5 lot shall be set back from the common line a distance equal to the required R-5 yard setback or the height of the primary building on the R-5 lot, whichever is greater
(b) Special Setbacks for Steeply Sloped Lots
On steeply sloped lots, the minimum required front yard setback for detached dwellings and middle housing shall be 18 ft.
ii. R-6 Yard Setback Standards
(1) Required Setbacks
TABLE 50.04.001-5:
Notes:
[1] < 600 sq ft and with walls < 10 ft in height below the eave [2] Behind the front building line of the house (excluding a porch).
[3] On corner lots, the front setback shall be measured on the narrow street frontage
(2) Additional Setback Standards and Modifications
(a) A projecting covered front porch may extend into the front yard setback up to six ft
(b) Additions to primary and accessory structures built before July 1, 2010, are subject to the following minimum side yard setbacks:
TABLE 50.04.001-6: MINIMUM SIDE YARD SETBACKS
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
side
iii. R-DD Yard Setback Standards
(1) Required Setbacks
(a) Except as otherwise provided in this section, the required setback in the R-DD zone is ten ft.
(b) Structures shall be set back from a street right-of-way line a minimum of ten ft , or such greater distance required to accommodate off-street parking
(i) Exception
On lots abutting Durham Street, front yard setbacks for new structures may be reduced to three ft for up to 50% of the building facade along Durham Street The remaining 50% of the building may be between five ft and ten ft from the front property line
(2) Additional Standards and Modifications
(a) Zero Lot Line Unit Setbacks
(i) Zero lot line units must comply with all required setbacks except for the area of the common wall or walls.
(b) Landscape Buffer Required
Where a lot zoned R-DD abuts a lot zoned EC or R-0/EC, a landscaped buffer a minimum of five ft. in width is required on the lot zoned R-DD in the setback area abutting the EC or R-0/EC zone The purpose of the landscaped area is to provide a vegetative screen Plant material used for screening and buffering shall be of a size that will achieve sufficient height within three years of the date of planting to provide adequate screening
(3) Multi-Family Dwelling Development in R-DD
(a) When a new multi-family development or the expansion or reconstruction of an existing multi-family development occurs in an R-DD zone subject to minor development review which abuts an existing less intensive residential use, the proposed multi-family structure shall be set back from the boundary of the less intensive use by at least the amount of feet equal to the height of the multi-family structure
(b) Developments subject to subsection 2.e.iii(3)(a) of this section shall provide a landscaped area at least five ft wide within the setback area abutting the less intensive use. The purpose of the landscaped area is to provide a vegetative screen. Plant material used for screening and buffering shall be of a size that will achieve sufficient height within three years of the date of planting to provide adequate screening.
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
(4) Corner Lots
Front lot lines on corner lots may face either street The City Manager shall determine the front lot line after taking into consideration the orientation of structures on the site and nearby lots, the ability to meet setbacks without variances, and physical site or solar access limitations. Street access should be to local streets.
iv. Cottage Cluster Building Separation in the R-6, R-5 and R-DD Zones
Cottages shall be separated by a minimum distance of ten ft
f Lot Coverage/Impervious Surfaces – Additional Standards
i. R-5 Lot Coverage
(1) Maximum Lot Coverage
(a) The following maximum lot coverage percentages are applicable to townhouse projects and single-family detached, duplex, triplex, and quadplex structures in the R-5 zone and shall be based on the "height of building" as defined in LOC 50 10 003 2, as follows:
(b) Cottage clusters and individual townhouse lots are exempt from maximum lot coverage standards.
(c) The maximum lot coverage for all other structures in the R-5 zone is 50%
(2) Garage Footprint Exemption
The garage footprint, including any habitable area directly above or below the garage, shall be exempt from lot coverage as provided below:
(a) Up to a cumulative maximum of 200 sq ft shall be exempt for garages that are:
(i) Rear- or side-loading; or
(ii) Located 20 ft. or more back from the closest point of the dwelling to the front lot line; or
(iii) In case of corner lots, 20 ft or more back from the closest point of the
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
(iii) In case of corner lots, 20 ft or more back from the closest point of the dwelling to the front and street side lot lines.
(b) Up to a cumulative maximum of 400 sq ft shall be exempt for a detached garage that meets subsection 2 f i(2)(a) of this section, and the lot is greater than 10,000 sq ft in area
(3) Detached Accessory Structures
Habitable areas of detached accessory structures that would normally be counted as floor area shall be exempt from lot coverage calculations as follows:
(a) For lots less than or equal to 10,000 sq ft in area – up to 200 sq ft
(b) For lots greater than 10,000 sq ft in area – up to 400 sq ft
ii. R-6 Lot Coverage/Impervious Surfaces
(1) Lot coverage in the R-6 zone shall be based on the "height of building" as defined in LOC 50 10 003 2, and shall not exceed the following:
(2) No more than 60% of the lot may be covered with impervious surfaces.
(3) Provided it is the only garage on the site, the garage footprint, including any habitable area above or below the garage, of a detached garage area shall be exempt from lot coverage calculations as follows:
(a) Up to a cumulative maximum of 200 sq ft for lots less than or equal to 10,000 sq. ft. in area.
(b) Up to a cumulative maximum of 400 sq ft for lots greater than 10,000 sq ft in area
(4) Cottage clusters are exempt from maximum lot coverage standards.
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
(5) Maximum lot coverage standards shall be applied to a townhouse project, and not to individual townhouse lots or dwellings.
iii. R-DD Lot Coverage
(1) The following maximum lot coverage shall be permitted in the R-DD zone:
(2) Impervious surface coverage shall be limited to a maximum of 60% in the R-DD zone for all structures other than cottage clusters See LOC 50 03 003 1 d ii(1) for maximum impervious surface coverage standards applicable to cottage clusters.
(3) Cottage clusters are exempt from maximum lot coverage requirements of the zone.
(4) Maximum lot coverage standards shall be applied to a townhouse project, and not to individual townhouse lots or dwellings.
g. Height – Additional Standards
i. R-5 Height Restrictions for Primary Structures
(1) Projects Greater Than One-Half Acre
For attached development in the R-5 zone, the primary structure height shall not exceed:
(2) Base Height
Except as provided in subsections 2 g i(1), 2 g i(4) and 2 g ii of this section, the base height of a structure in the R-5 zone shall not exceed:
(a) Flat Lots – 28 ft.
(b) Lots with Sloping Topography – See subsection 2.g.iii of this section.
(c) Sloped Lots – 35 ft
(3) In the R-5 zone, a structure shall not exceed the base height standards set forth in subsection 2.g.i(2) of this section if the structure is closer than 60 ft. to a lot carrying a residential designation other than R-0, R-3, or R-5
(4) Exceptions to Base Building Height
A greater height than otherwise permitted is allowed for single-family and middle housing dwellings – building height may be increased by one ft for every five additional ft in yard setback on all sides, beyond the underlying zone code standards provided in subsections 2 g i(1) and (2) of this section
ii Exceptions to the Base Building Height Applicable to All Zones and to Projects Greater Than One-Half Acre in R-5 Zone
A greater height than otherwise permitted is allowed for roof forms, or architectural features, such as cupolas or dormers; provided, that these roof forms or features:
(1) Do not extend more than six ft above the maximum specified base height;
(2) Do not, in total, exceed one-third of the width of the building for an individual roof form or projection or do not exceed one-half of the width of the building for two or more separate roof forms or projections, as measured on any elevation drawing; and
(3) Do not, in total, cover more than 20% of the roof area on which they are located, as viewed from directly above for an individual roof form or projection or 30% for multiple roof forms or projections
Examples of permitted exceptions are illustrated in Figure 50 04 001-B
iii. R-5 and R-6 Height Exceptions and Adjustments
(1) Height Adjustment for Sloping Topography
Base building height across the site shall be established by a flat plane measured at 28 ft above the highest point of the natural ground surface within the building envelope, unless the natural ground surface is lowered, in which case the height is measured from the lowered ground surface per the definition of "height of building" in LOC 50.10.003.2. In no case shall the base height exceed 32 ft See Figure 50 04 001-A: Height Adjustment for Sloping Topography.
iv. R-DD Additional Height Standards
(1) Primary Structures
Average height may increase to 40 ft over the entire site, with no individual structure exceeding 50 ft., in the following circumstances:
(a) The lot or lots developed are one-half acre or greater in area; and
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
(b) 25% or more of the gross site area is constrained by steep slopes, floodplain, or mapped Sensitive Lands; and
(c) Any portion of structures taller than 35 ft. is set back at least 50 ft. from a public street
(2) Detached Single-Family Dwelling and Middle Housing/Greater Height Due to Greater Setback
In addition to the building base height exceptions in this section, the building base height for detached single-family dwellings and middle housing may be increased by one ft. for every five additional ft in yard setback on all sides, beyond the minimum code standards for the zone.
(Ord 2909, Amended, 02/07/2023; Ord 2892, Amended, 06/07/2022; Ord 2853, Amended, 11/03/2020; Ord 2784, Amended, 07/03/2018; Ord 2732, Amended, 02/21/2017; Ord 2687, Amended, 12/15/2015; Ord 2668, Amended, 12/01/2015; Ord 2648, Amended, 02/17/2015; Ord 2643, Amended, 11/04/2014; Ord 2612-A, Amended, 05/21/2013; Ord 2526, Amended, 12/18/2012; Ord 2579, Repealed and Replaced, 03/20/2012)
3. RESIDENTIAL HIGH DENSITY ZONES
a. Dimensions
Development in the R-W, R-3, R-2, and R-0 zones shall conform to the development standards in Table 50.04.001-11 except as modified below:
TABLE 50.04.001-11: RESIDENTIAL HIGH DENSITY ZONES DIMENSIONS
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
[1] When subdivisions are proposed in the R-W and R-3 zones or multi-family development is proposed in the R-3 zone, the number of lots or dwelling units required shall be determined by dividing the net developable area by the minimum lot size or units required in the underlying zone, and multiplying this number by 0.8. The result shall be rounded up for any product with a fraction of 0 5 or greater and
rounded down for any product with a fraction of less than 0 5 The requirements of this subsection are subject to the exceptions contained in LOC 50.04.003, Exceptions, Projections, and Encroachments
[2] When subdivisions are proposed in the R-2 or R-0 zones or multi-family development is proposed in the R-0 zone, minimum density is computed by multiplying the net developable area by either 20 or 12 per the applicable zone The result shall be rounded up for any product with a fraction of 0 5 or greater and rounded down for any product with a fraction of less than 0 5 The requirements of this subsection are subject to the exceptions contained in LOC 50 04 003, Exceptions, Projections and Encroachments
[3] Computed by dividing the net developable area by the minimum lot area per unit and rounding down to the nearest whole number Duplexes, triplexes, quadplexes, and cottage clusters are exempt from maximum density standards For townhouse projects, the maximum density is four dwelling units per equivalent minimum lot area required per single-family dwelling in that zone
[4] Maximum base height across the site shall be established by a flat plane measured at 28 ft above the highest point of the natural ground surface within the building envelope, unless the natural ground surface is lowered, in which case the height is measured from the lowered ground surface per the definition of "height of building" in LOC 50 10 003 2 In no case shall the base height exceed 32 ft See Figure 50.04.001-A: Height Adjustment for Sloping Topography.
[5] For any portion of the lot above the Oswego Lake surface elevation, maximum building height shall not exceed 25 ft. For any portion of the lot at or below the Oswego Lake surface elevation, maximum building height shall not exceed 27 ft above the Oswego Lake surface elevation. The maximum building height of 27 ft. above the Oswego Lake surface elevation shall extend landward until it meets the 25 ft. height limit for the portion of the lot above the Oswego Lake surface elevation See Figure 50 04 001-11[5]
[6] Site-specific dimensional standards, see LOC 50.02.002.2.c.
[7] Cottage cluster developments are exempt from maximum floor area standards, but maximum average floor area standards shall be applied to individual cottage cluster dwellings See LOC 50 04 001 2 d iv, Maximum Average Floor Area of Units in a Cottage Cluster, and LOC 50.03.003.1.d, use-specific standards for cottage clusters
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
Figure 50.04.001-11[5]: Height Measurement for R-W Zoned Lots
[Cross-References: Maximum Density: See LOC 50 03 003 1 b – Conditional Uses in the R-2 and R6 Zones; LOC 50.03.003.2, Conditional Use Standards for Residential Uses – Group and Institutional Housing Height Limitation: See Charter Section 46A for 50 ft Maximum Height of Structures in Residential Areas; LOC 50.04.003.4, General Exception to Structure Height Limitations; LOC 50 06 001 5 b ]
b. Density – Additional Standards
In the R-0, R-2, and R-3 zones, applicants may request up to a 25% density bonus for public agency rental housing projects This request is processed as a conditional use and may not include residential care housing or accessory dwelling units.
c. Lot Area and Floor Area – Additional Standards
i. For projects on properties with a Sensitive Lands overlay designation, lot areas and floor areas may be modified as provided in LOC 50.05.010, Sensitive Lands Overlay Districts.
ii. Habitable areas of detached accessory structures that would normally be counted as floor area shall be exempt from floor area calculations up to a maximum of:
(1) For lot sizes up to 10,000 sq. ft. – up to a cumulative maximum of 200 sq. ft.
(2) For lot sizes greater than 10,000 sq ft – up to a cumulative maximum of 400 sq ft
iii. Maximum average floor area for dwelling units within a cottage cluster shall be 1,000 sq ft
iv Maximum floor area standards for townhouses shall be applied to a townhouse project, and not to individual townhouse lots or dwellings
d. Lot Coverage – Additional Standards
i. R-2 Lot Coverage
ii. R-0, R-2, and R-3 Exemptions
(1) Garage Footprint Exemption
The garage footprint, including any habitable area directly above or below the garage, shall be exempt from lot coverage as provided below:
(a) Up to a cumulative maximum of 200 sq ft shall be exempt for garages that are:
(i) Rear- or side-loading, or
(ii)
(iii)
or
(b) Up to a cumulative maximum of 400 sq. ft. shall be exempt for a detached garage that meets subsection 3 d ii(1)(a) of this section, and the lot is greater than 10,000 sq ft. in area.
(2) Habitable areas of detached accessory structures that would normally be counted as floor area shall be exempt from lot coverage calculations as follows:
(a) For lots less than or equal to 10,000 sq. ft. in area – up to 200 sq. ft.
(b) For lots greater than 10,000 sq ft in area – up to 400 sq ft
(3) Cottage clusters are exempt from maximum lot coverage requirements
(4) Maximum lot coverage standards for townhouses shall be applied to a townhouse project, and not to individual townhouse lots or dwellings
e. Yard Setback – Additional Standards
i. Corner Lots
Front lot lines on corner lots may face either street. The City Manager shall determine the front lot line after taking into consideration the orientation of structures on the site and nearby lots, the ability to meet setbacks without variances, and physical site or solar access limitations. Street access should be to local streets
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
ii. R-2 Yard Setbacks
Development in the R-2 districts shall meet the following setbacks:
TABLE 50.04.001-13: R-2 YARD SETBACKS
Notes:
[1] Multi-story dwelling: Cumulative yard may be reduced where ground floor is set back minimum of 5 ft and the remainder of the dwelling is set back a minimum of 9 ft from the side lot line
iii. Abutting Low Density Residential
Where a lot zoned R-0, 2, or 3 abuts a lot zoned R-6, 7 5, 10, or 15 or abuts a lot that would be zoned R-7.5, 10 or 15 upon annexation into the City per LOC 50.01.004.5, the building on the R0, 2, or 3 lot shall be set back from the common line a distance equal to the required yard setback for the zone in Table 50.04.001-13 or the height of the primary building on the R-0, 2, or 3 lot, whichever is greater
iv. Special Setbacks for Steeply Sloped Lots
On steeply sloped lots, the minimum required front yard setback for detached dwellings and middle housing shall be 18 ft
v. Cottage Cluster Building Separation
Cottages shall be separated by a minimum distance of ten ft
f. Height – Additional Standards
i. Projects Greater Than One-Half Acre
(1) On a lot or lots developed as one project of one-half acre or greater in total area for the R-0 and R-3 zones, the primary structure height shall not exceed:
(2) On a lot or lots being developed as one project of one-half acre or greater in total area for the
exceed:
ii Base Height
Except as provided in subsections 3.f.i and 3.f.v of this section, the base height of a structure in the R-0, R-2, and R-3 zone shall not exceed:
(1) Flat lots – 28 ft
(2) Lots with sloping topography – Maximum base height across the site shall be established by a flat plane measured at 28 ft above the highest point on the natural ground surface within the building envelope, unless the natural ground surface is lowered, in which case the height is measured from the lowered ground surface per the definition of "height of building" in LOC 50.10.003.2. In no case shall the base height exceed 32 ft.
(3) Sloped lots – 35 ft
iii. In the R-0 or R-3, a structure shall not exceed the base height standards set forth in subsection 3.f.ii of this section if the structure is closer than 60 ft. to a lot carrying a residential designation other than R-0, R-3 or R-5
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
iv. Exceptions to Base Building Height
In addition to the maximum structure height determined by subsections 3.f.i through 3.f.iii of this section, a greater height than otherwise permitted is allowed as follows:
(1) Single-family and middle housing dwellings – Building height, inclusive of projections permitted by the building height exceptions under subsection 3 f iv(2) of this section, may be increased by one ft for every five additional ft in yard setback on all sides, beyond the underlying zone code standards provided in subsections 3 f i and 3 f ii of this section; or
(2) Any primary structure – For roof forms, or architectural features, such as cupolas or dormers; provided, that these roof forms or features:
(a) Do not extend more than six ft above the maximum specified base height;
(b) Do not, in total, exceed one-third of the width of the building or buildings as measured on any elevation drawing for an individual roof form or projection or do not exceed one-half of the width of the building for two or more separate roof forms or projections; and
(c) Do not, in total, cover more than 20% of the roof area on which they are located as viewed from directly above for an individual roof form or projection or 30% for multiple roof forms or projections.
(Ord 2909, Amended, 02/07/2023; Ord 2892, Amended, 06/07/2022; Ord 2797, Amended, 11/06/2018; Ord. 2784, Amended, 07/03/2018; Ord. 2732, Amended, 02/21/2017; Ord. 2687, Amended, 12/15/2015; Ord 2668, Amended, 12/01/2015; Ord 2612-A, Amended, 05/21/2013; Ord 2526, Amended, 12/18/2012; Ord. 2579, Repealed and Replaced, 03/20/2012)
50.04.004 SOLAR ADJUSTMENTS
1. EXEMPTIONS FROM SOLAR DESIGN STANDARD
A development is exempt from the requirements of LOC 50 06 007 1 c, Solar Design Standard, if the reviewing authority finds the applicant has shown that one or more of the following conditions apply to the site A development is partially exempt from LOC 50 06 007 1 c to the extent the reviewing authority finds the applicant has shown that one or more of the following conditions apply to a corresponding portion of the site If a partial exemption is granted for a given development, the remainder of the development shall comply with the solar access requirements
a. Slopes
The site, or a portion of the site for which the exemption is sought, is sloped 20% or more in a direction greater than 45° east or west of true south, based on a topographic survey by a licensed professional land surveyor
b. Off-Site Shade
The site, or a portion of the site for which the exemption is sought, is within the shadow pattern of offsite features, such as but not limited to structures, topography, or solar-unfriendly vegetation, which
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
will remain after development occurs on the site from which the shade is originating
i. Shade from an existing or approved off-site dwelling in a residential zone and from topographic features is assumed to remain after development of the site.
ii. Shade from an off-site structure in a zone other than a residential zone is assumed to be the shadow pattern of the existing or approved development thereon or the shadow pattern that would result from the largest structure allowed at the closest setback on adjoining land, whether or not that structure now exists
iii. Shade from off-site vegetation is assumed to remain after development of the site if: the trees that cause it are situated in a required setback; or they are part of a developed area, public park, or legally reserved open space; or they are in or separated from the developable remainder of a parcel by an undevelopable area or feature; or they are part of landscaping required pursuant to a development permit issued pursuant to this Code.
iv. Shade from other off-site sources is assumed to be shade that exists or that will be cast by development for which applicable development permits have been approved on the date a complete application for the development is filed
c. On-Site Shade
The site, or a portion of the site for which the exemption is requested, is:
i. Within the shadow pattern of on-site features such as, but not limited to, structures and topography which will remain after the development occurs; or
ii. Contains solar-unfriendly trees at least 30 ft tall and more than six in in diameter measured four ft. above the ground which have a crown cover over at least 80% of the site or relevant portion The applicant can show such crown cover exists using a scaled survey or an aerial photograph. If granted, the exemption shall be approved subject to the condition that the applicant preserve at least 50% of the trees that cause the shade that warrants the exemption The applicant shall file a note on the plat or other documents in the office of the County Recorder binding the applicant to comply with this requirement The City shall be made a party of any covenant or restriction created to enforce any provision of this section. The covenant or restriction shall not be amended without written City approval
(Ord 2892, Amended, 06/07/2022; Ord 2797, Amended, 11/06/2018; Ord 2612-A, Amended, 05/21/2013; Ord 2579, Repealed and Replaced, 03/20/2012)
2. ADJUSTMENTS TO SOLAR DESIGN STANDARD
The reviewing authority shall reduce the percentage of lots that must comply with LOC 50 06 007 1 c, Solar Design Standard, to the minimum extent necessary if it finds the applicant has shown one or more of the following site characteristics apply:
a. Density and Cost
If the solar design standard in LOC 50.06.007.1.c is applied, either the resulting density is less than that proposed, or on-site development costs (e g grading, water, storm drainage and sanitary systems and roads) and solar related off-site development costs are at least 5% more per lot than if
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
the standard is not applied The following conditions, among others, could constrain the design of a development in such a way that compliance with LOC 50.06.007.1.c would reduce density or increase per lot costs in this matter The applicant shall show which if any of these or other similar site characteristics apply in an application for a development
i. The portion of the site for which the adjustment is sought has a natural grade that is sloped 10% or more and is oriented greater than 45° east or west of true south based on a topographic survey of the site by a professional land surveyor.
ii. There is a significant natural feature on the site, identified as such in the Comprehensive Plan or development standard, that prevents given streets or lots from being oriented for solar access, and it will exist after the site is developed
iii. Existing road patterns must be continued through the site or must terminate on site to comply with applicable road standards, future street plans, or public road plans in a way that prevents given streets or lots in the development from being oriented for solar access
iv. An existing public easement or right-of-way prevents given streets or lots in the development from being oriented for solar access
b. Development Amenities
If the solar design standard in LOC 50 06 007 1 c applies to a given lot or lots, significant development amenities that would otherwise benefit the lot(s) will be lost or impaired. Evidence that a significant diminution in the market value of the lot(s) would result from having the lot(s) comply with the solar access requirement is relevant to whether a significant development amenity is lost or impaired
c. Existing Shade
Solar-unfriendly trees at least 30 ft. tall and more than six in. in diameter measured four ft. above the ground have a crown cover over at least 80% of the lot and at least 50% of the crown cover will remain after development of the lot. The applicant can show such crown cover exists using a scaled survey of solar-unfriendly trees on the site or using an aerial photograph
i Shade from solar-unfriendly trees is assumed to remain if: the trees are situated in a required setback; or they are part of an existing or proposed park, open space, or recreational amenity; or they are separated from the developable remainder of their parcel by an undevelopable area or feature; or they are part of landscaping required pursuant to LOC 50 06 004, Site Design; and they do not need to be removed for a driveway or other development
ii. Also, to the extent the shade is caused by on-site trees or off-site trees on land owned by the applicant, it is assumed to remain if the applicant files in the office of the County Recorder a covenant binding the applicant to retain the trees causing the shade on the affected lots
(Ord 2797, Amended, 11/06/2018; Ord 2612-A, Amended, 05/21/2013; Ord 2579, Repealed and Replaced, 03/20/2012)
3. EXEMPTION FROM THE MAXIMUM SHADE POINT HEIGHT STANDARD
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
The City Manager shall exempt a proposed structure or solar-unfriendly vegetation from LOC 50.06.007.2.c, Maximum Shade Point Height Standard, if the applicant shows that one or more of the conditions in this section exist, based on plot plans or plats, corner elevations or other topographical data, shadow patterns, suncharts or photographs, or other substantial evidence submitted by the applicant
a. Exempt Lots
When created, the lot was subject to LOC 50 04 004 1 and 50 04 004 2, LOC 50 06 007 1 a through 1 d, and was not subject to the provisions of LOC 50 06 007 1 d, Protection from Future Shade
b. Pre-Existing Shade
The structure or applicable solar-unfriendly vegetation will shade an area that is shaded by one or more of the following:
i. An existing or approved building or structure;
ii. A topographic feature;
iii. A solar-unfriendly tree that will remain after development of the site. It is assumed a tree will remain after development if it:
(1) Is situated in a required building setback;
(2) Is part of a developed area or landscaping required by this Code, a public park or landscape strip, or legally reserved open space;
(3) Is in or separated from the developable remainder of a parcel by an undevelopable area or feature; or
(4) Is on the applicant’s property and not affected by the development
A duly executed covenant also can be used to preserve trees causing such shade
c Slope
The site has an average slope that exceeds 20% in a direction greater than 45° east or west of true south based on a topographic survey by a licensed professional land surveyor
d Insignificant Benefit
The proposed structure or solar-unfriendly vegetation shades one or more of the following:
i. An undevelopable area; or
ii. The wall of an unheated space, such as a typical garage; or
iii. Less than 20 sq ft of south-facing glazing
e. Public Improvement
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
The proposed structure is a publicly owned improvement
(Ord 2797, Amended, 11/06/2018; Ord 2579, Repealed and Replaced, 03/20/2012)
4 ADJUSTMENTS TO THE MAXIMUM SHADE POINT HEIGHT STANDARD
The City Manager shall increase the maximum permitted height of the shade point determined using LOC 50 06 007 2 c, Maximum Shade Point Height Standard, to the extent it is found that applicant has shown one or more of the following conditions exist, based on plot plans or plats, corner elevations or other topographical data, shadow patterns, suncharts or photographs, or other substantial evidence submitted to the applicant
a. Physical Conditions
Physical conditions preclude development of the site in a manner that complies with LOC 50 06 007 2 c due to such things as a lot size less than 3,000 sq ft , unstable or wet soils, or a drainage way, public or private easement, or right-of-way
b. Conflict between the Maximum Shade Point Height and Allowed Shade on the Solar Feature Standards
A proposed structure may be sited to meet the solar balance point standard described in LOC 50 06 007 2 e if:
i. When the proposed structure is sited to meet the maximum shade point height standard, its solar feature will potentially be shaded as determined using LOC 50 06 007 2 c; and
ii. The application includes a form provided by the City that:
(1) Releases the applicant from complying with the maximum shade point height standard and agrees that the proposed structure may shade an area otherwise protected by that section; and
(2) Releases the City from liability for damages resulting from the adjustment; and
(3) Is signed by the owner(s) of the properties that would be shaded by the proposed structure more than allowed by the provisions of LOC 50 06 007 2 c, Maximum Shade Point Height Standard;
iii. Before the City issues a permit for a proposed structure for which an adjustment has been granted pursuant to this subsection 4.b, the applicant shall file the form provided for in subsection 4 b ii of this section in the office of the County Recorder with the deeds to the affected properties.
(Ord 2579, Repealed and Replaced, 03/20/2012)
The Lake Oswego Municipal Code is current through Ordinance 2922, and legislation passed through June 6, 2023.
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