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7-6 Mixed Use District

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7-6 Mixed Use District

?7-6 Mixed Use District

    Model Land Use Management Code

?7-6 MIXED USE DISTRICT

?7-6-1 APPLICABILITY

    ?7-6-2 PURPOSES

    ?7-6-3 DEFINITIONS

    ?7-6-4 PERMITTED USES

    ?7-6-5 ADDITIONAL USE PROVISIONS AND LIMITATIONS FOR STOREFRONT

    RETAIL AREAS

    ?7-6-6 REQUIRED MIXTURES AND RANGES OF MIXES

    ?7-6-7 DIMENSIONAL REQUIREMENTS

    ?7-6-8 BUILDING PLACEMENT AND ORIENTATION REQUIREMENTS

    ?7-6-9 REQUIREMENTS FOR PEDESTRIAN FRIENDLY INFRASTRUCTURE

    ?7-6-10 PARKING

    ?7-6-11 PERFORMANCE STANDARDS AND DEVELOPMENT GUIDELINES

    ?7-6-12 PROCESS AND APPLICATION REQUIREMENTS

[See Commentary]

?7-6-1 APPLICABILITY

Mixed use districts may only be developed within specific geographic areas or developed

    corridors as designated by the Board of Commissioners [Mayor and City Council].

?7-6-2 PURPOSES

The purposes of this Code Section are as follows:

    (a) Encourage, protect and enhance the pedestrian environment.

    (b) Encourage additional street level activity.

    (c) Reduce automobile trips.

    (d) Create a “sense of place.”

    (e) Provide for the efficient use of land and services.

    (f) Allow for a mix of land uses which strengthens opportunities for economic vitality and

    supports diversity of housing opportunities.

    (g) Provide for community gathering places and pedestrian/visitor amenities.

    (h) Establish a distinct storefront character associated with the district.

    (i) Provide transitions to adjacent neighborhoods and commercial areas.

    (j) Maintain and enhance the area’s character through design guidelines.

?7-6-3 DEFINITIONS

Block: An area of land bounded (surrounded on all sides) by streets, or by a combination of

    streets and public land, railroad rights-of-way, utility right-of-way, waterways, or any other

    barrier to the continuity of development.

    Block width: The distance as measured along rear property lines between intersecting streets.

    Connectivity: The level or extent to which one or more land uses and parcels within the development have direct accommodations for both vehicles and pedestrians to travel between

    or among those land uses, and direct vehicular and pedestrian connections with compatible

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land uses on abutting properties. Direct accommodations for vehicles means that there is one

    or more alley, road, or driveway connection between the uses on the development site and

    among compatible uses on abutting sites (parcels), so that a vehicle can exit one development

    and enter the other development (i.e., cross property lines) without exiting onto a public street

    that provides principal access to the developments. Direct accommodations for pedestrians

    means that there are one or more sidewalks or other approved paths that allow a pedestrian to

    go from one development or parcel to another without using the sidewalk along a public street

    that provides principal access to the developments.

    Building frontage: The length of any side of a building which fronts on a public street, measured in a straight line parallel with the abutting street.

    Display window: A window or opening in the exterior wall of any portion of a building used for business purposes, through which merchandise, services, or businesses are displayed or

    advertised and visible from the ground or sidewalk level.

    Floor-area ratio (FAR): The total floor area of the building or buildings on a lot or parcel divided by the gross area of the lot or parcel.

    Gross floor area: The total square footage of all floors of a building, including the exterior unfinished wall structure but excluding courtyards and other outdoor areas.

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    Mixed-use development: A single building containing

    more than one type of land

    use; or a single development

    of more than one building

    and use, where the different

    types of land uses are in

    close proximity, planned as a

    unified complementary,

    cohesive whole.

    Source: Abbey Deiss, Jerry Weitz & Associates, Inc.

    Mixed use, horizontal: Two or more different types of uses are placed next to each other (but not attached), planned as a unit, and connected together with pedestrian and vehicular access.

    For instance, a subdivision containing single-family dwellings that is adjacent to a neighborhood

    commercial development and office complex.

    Mixed use, vertical: Where two or more different uses occupy the same building usually on different floors. For instance, retail on the ground floor and office and/or residential uses on the

    second and/or third floors (see figure).

[See Commentary]

    Residential Uses Mixed With Commercial Shops

     Source: Oregon Transportation and Growth Management Program 1999.

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Pedestrian-oriented development: Development designed with an emphasis primarily on the

    street sidewalk and on pedestrian access to the site and building, rather than on auto access

    and parking areas. The building is generally placed close to the street and the main entrance is

    oriented to the street sidewalk. There are generally windows or display cases along building

    facades which face the street.

Pod: A defined geographic portion of an overall development, designated on a conceptual site

    plan and/or development plan, used for a specific use or group of related uses.

Storefront: A business or retail or service use where the façade is aligned directly on the

    frontage line with the entrance at grade; typical of sidewalk retail. Store fronts often have

    awnings.

    Streetscape: An area that may either abut or be contained within a public or private street right-of-way or accessway that may contain sidewalks, street furniture, trees and landscaping, and

    similar features. Streetscape also includes the visual image of a street, including the

    combination of buildings, parking, signs, and hardscapes.

    Street furniture: Those features associated with a street that are intended to enhance the street’s physical character and use by pedestrians, such as benches, bus shelters, trash

    receptacles, planting containers, pedestrian lighting, kiosks, etc.

Use: The purpose for which a building, structure, or land is occupied, arranged, designed or

    intended, or for which building, structure, or land is or may be occupied or maintained.

?7-6-4 PERMITTED USES

    ?7-6-4.1 Development Concept. Uses within a mixed-use district shall be as approved by

    the Governing Body. The applicant for mixed-use development shall propose a mixed-use

    development concept and illustrate it with a site plan submitted as a part of the mixed-use

    development application. The site plan shall show the following areas as appropriate:

    (a) Residential neighborhoods

    (b) Commercial and office-professional areas

    (c) Civic and institutional areas

    (d) Vertical mixed use areas

The applicant may modify the name of these types of development to better represent the

    themes of the proposed mixed-use development. A mixed-use site plan is not required to

    include each of these types of development listed above; provided, however, that a mix of uses,

    either within a single building or on a development site, must be provided. Certain permitted

    uses are also specifically regulated by this Code Section.

[See Commentary]

    ?7-6-4.2 Comprehensive Plan. Uses within the mixed-use development shall be

    predominantly in accordance with the use recommendations and policies of the comprehensive

    plan. Substantial deviation from the recommendations of the comprehensive plan’s future development map or future land use plan map may serve as a basis for denying the mixed-use

    development application.

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[See Commentary]

    ?7-6-4.3 Permitted Uses. Unless specifically proposed by the mixed-use development

    applicant and approved by the Governing Body, uses permitted within a mixed use development

    shall be limited to those specified in Table 1:

    TABLE 1

    USES PERMITTED IN MIXED USE DEVELOPMENTS

    RETAIL/SERVICE USES: RESIDENTIAL USES:

    Bed and breakfast inns. Dwellings, single-family attached

    (townhouses). Business service establishments.

    Commercial recreational facilities, indoor.

    Cottage industries.

    Day care centers.

    Finance, insurance and real estate

    establishments.

    Health spas.

    Personal service establishments. Dwellings, occupying the second or third story,

    or both, of a building where the ground floor of Restaurants, including outside seating areas

    said building is occupied by office-institutional but not including drive-ins or drive-through

    or retail use, or both, and where each dwelling facilities.

    has its own separate entrance with access to Retail trade establishments, enclosed.

    street level. Special event facilities.

    OFFICE AND INSTITUTIONAL USES: OTHER USES:

    Churches, temples, synagogues, and places Accessory uses and structures normally of worship. incidental to one or more permitted principal

    uses. Offices, including conference centers and Parks, open spaces, and conservation areas.

    retreat centers.

    Clinics. Uses existing on the effective date of this

    ordinance and which are integrated into

    (connected with) the mixed use development.

    Clubs or lodges, nonprofit, sponsored by a Temporary uses and structures.

    civic or similar organization.

    Institutional residential living and care facilities. Parking decks. Schools of all types, including colleges and

    universities.

    Public and semi-public uses.

[See Commentary]

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     ?7-6-4.4 Uses on Storefront Streets. With some limitations specified in this Code Section, it is the intent that within buildings

    fronting along designated storefront or pedestrian retail streets, only commercial,

    office, civic, or institutional uses should

    occupy the ground-level floor. Floors above the ground level may be occupied by office or residential uses.

    ?7-6-4.5 Detached, Single-family Dwellings. No mixed-use development shall contain

    more than 70 percent of the dwelling units provided in the mixed-use development as detached,

    single-family dwellings on individual lots. Each detached dwelling unit on its own lot, where

    proposed and permitted, shall have a two-car garage which must be located to the rear of the

    dwelling on at least 60 percent of the units. Where garages are permitted to have their entrance

    in the front facing the street, the garage shall be recessed a minimum of four (4) feet from the

    building line.

[See Commentary]

?7-6-5 ADDITIONAL USE PROVISIONS AND LIMITATIONS FOR STOREFRONT

    RETAIL AREAS

[See Commentary]

    ?7-6-5.1 Accessory Uses Within Sidewalk and Streetscape Zones. Certain uses are

    permitted accessory uses and will be permitted to operate within sidewalk and streetscape

    zones, provided that they meet the following:

    (a) Minor entertainment. Minor entertainment is allowed, provided by groups of five (5)

    or fewer performers without electronic amplification; performances have a duration of

    no more than one hour in any one location within a fifty (50) foot radius, and the

    hours of minor entertainment fall between the hours of 9:00 AM to 9:00 PM.

    (b) Display and other accessory uses generally. All such outdoor displays, sales,

    service or minor entertainment takes place on private property with the written

    consent of the owner or agent of the property, or on public property if consistent with

    the requirements of this Section. No display, sales, service or minor entertainment

    shall be allowed to block entirely the required sidewalk and streetscape zone. A

    clear area with a minimum width of five (5) feet shall be left between the street curb

    and the building entry or exit.

    (c) Equipment and displays. All booths, stalls, carts, or other equipment for outdoor

    display, sales, service or minor entertainment at the close of business each day shall

    be removed or immobilized and secured so as to prevent it from becoming a public

    safety hazard, nuisance or security risk.

    (d) Outdoor dining areas. Outdoor dining areas shall be permitted on a public or private

    sidewalk area where adjacent to and directly abutting a restaurant located in a

    building. However, the outdoor dining area shall not reduce the streetscape zone and

    public sidewalk width, combined to a width of less than five feet. Tables, chairs,

    umbrellas, and similar items shall be stored in the interior of the restaurant or in

    similar enclosed area so that a minimum clear zone of ten feet is unobstructed when

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    the outdoor dining area is not in use, because of inclement weather or when the

    restaurant is closed.

    (e) Servicing and solid waste collection. In order to preserve the pedestrian orientation

    of the storefront or pedestrian retail area, all servicing, loading, and solid waste

    collection shall take place off-street away from pedestrian walkways, generally in

    bays provided in the alleys or in screened, internal, rear spaces if alleys are not

    available.

    (f) Signs. All signs shall be designed for visual communications to pedestrians and

    slow-moving vehicular traffic. Signs projecting from the building wall toward the

    sidewalk are emphasized, because they are typical of communities possessing a

    pedestrian orientation.

    ?7-6-5.2 Light Manufacturing. Light manufacturing, meaning production or manufacturing of small scale goods, such as crafts, electronic equipment, candy products,

    printing and binderies, custom furniture, and similar goods, shall be permitted in store front or

    pedestrian retail areas, subject to compliance with the following:

    (a) Light manufacturing is only allowed when done in conjunction with a permitted retail

    or service use which is in the storefront location.

    (b) Floor area devoted to light manufacturing is limited to 50 percent of the gross floor

    area of any individual establishment.

    (c) The light manufacturing operations shall be fully enclosed within a building.

    ?7-6-5.3 Retail and Service Components. Enclosed retail trade establishments and

    personal service establishments should be located in careful relation to other land uses within

    and outside of the mixed-use development. Such uses shall be scaled to the pedestrian and to

    the mixed-use development itself. Such uses should be designed and oriented to face the

    interior of the mixed-use development rather than to passerby traffic exterior to the mixed-use

    development.

[See Commentary]

    ?7-6-5.4. Storefront Churches. Store-front churches shall not be permitted to occupy the ground floor of buildings in pedestrian retail or storefront areas.

    ?7-6-5.5. Street-level Housing. No more than fifty (50) percent of a single street frontage at ground level may be occupied by residential uses. Every dwelling unit with a front

    façade facing the street in a pedestrian retail or storefront area, if provided, shall to the

    maximum extent possible have its primary entrance face the street. Every building containing

    four or more dwelling units shall have at least one building entry or doorway facing any adjacent

    street that has on-street parking.

?7-6-6 RECOMMENDATIONS FOR MIXTURES OF MIXES

[See Commentary]

    ?7-6-6.1 Minimum Vertical Mixed Use Requirement. When a mixed-use district is

    established, there shall be at least ten percent of the total land area within the mixed use

    development that meets the definition of vertical mixed use. In calculating compliance with this

    requirement, the street rights-of-ways, public or private, within and serving the vertical mixed-

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use development (i.e., with buildings fronting on both sides of the street) shall be counted as

    vertical mixed use.

[See Commentary]

    ?7-6-6.2 Minimum Mixes for Horizontal Mixed Use. For horizontal mixed use, as

    defined, a minimum of twenty-five percent of horizontal mixed use development’s total land area

    (or, if vertical mixed-use is included, only those areas that are horizontal mixed use) shall be

    devoted to residential uses, and a minimum of twenty-five percent shall be devoted to

    retail/service, office, and/or civic/institutional uses. In calculating compliance with this

    requirement, the street rights-of-ways, public or private, within and serving the development (i.e.,

    with lots and dwellings fronting on both sides of the street) shall be part of such use.

     7-6-6.3 Minimum Open Space. For horizontal mixed use developments, there shall be at least twenty percent (20%) of the total land area within the mixed use development that is

    passive or active recreation or open space.

[See Commentary]

    ?7-6-6.4 Change of Use. Once a mixed-use development is constructed and occupied, changes in tenants may be permitted, but the owner or owners of the mixed use development

    shall not violate or allow the violation of the land use mix provisions of this Section through

    subsequent leases. In order to enforce the provisions of this Section, the County [City] may

    require that a business registration applicant leasing or owning space within a mixed use

    development approved pursuant to this Section submit sufficient information to show it complies

    with this Section when considering other uses within the redevelopment. The County [City] shall

    not approve a business registration or certificate of occupancy for a use of building space that

    violates the provisions of this Section or any approval of development pursuant to this Section.

    ?7-6-7 DIMENSIONAL REQUIREMENTS

The following requirements shall be observed in all mixed-use developments, except where the

    requirement is more specifically attributed to horizontal mixed use, or vertical mixed use, as the

    case may be.

     ?7-6-7.1 Minimum Area Designated. The minimum acreage required for a mixed use development shall be ten (10) acres; provided, however, that a parcel of less than ten (10) acres

    may be added to a mixed-use development, subject to compliance with all provisions of this

    Code Section.

    ?7-6-7.2 Minimum Height. Within storefront areas (i.e., vertical mixed use), buildings shall be a minimum of two stories in height.

    ?7-6-7.3 Maximum Height. The height for a vertical mixed use building shall not exceed four (4) stories in height, or 50 feet, whichever is greater. No parking structure shall exceed a

    height of fifty (50) feet,

[See Commentary]

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?7-6-7.4 Height and Mass Transition or Step-

    Down Adjacent to Residential. In mixed use

    districts, building heights should be greatest

    near the center of the development and

    transition to lower heights outward toward the

    edge of the development. Buildings at the

    edge should be comparable in height and

    massing to the adjacent and nearby properties

    as well as the surrounding neighborhood.

The Governing Body may establish more restrictive height limitations as a condition of zoning in

    order to enforce this intent.

[See Commentary]

    ?7-6-7.5 Floor-Area Ratios. The intensity of all vertical mixed use development, and all

    horizontal mixed-use development except detached, single-family dwellings each on their own

    lot, shall be regulated by this subsection and shall not exceed the specified maximums, as

    applicable. In calculating maximum floor-area ratios, open space shall be counted in the

    calculation of FAR compliance, but portions of the mixed-use development devoted to detached,

    single-family dwellings each on their own lot shall be excluded from the calculation of FAR

    compliance.

    (a) The maximum floor-area ratio of any mixed-use development, excluding detached,

    single-family dwellings, each on their own lot, shall not exceed 0.75, including any

    allowable combination of residential, commercial, office-professional, civic-

    institutional and retail/service uses.

    (b) Non-residential development in a vertical or horizontal mixed-use development shall

    not exceed a floor area of 0.5.

    (c) Residential development in a vertical mixed-use development shall not exceed a

    floor area of 0.5.

    (d) The minimum non-residential floor area in a vertical mixed-use development shall be

    0.25.

    (e) The Governing Body may establish more restrictive intensity and density limitations

    than established in this subsection, as a condition of zoning approval, in order to

    ensure compatibility with adjacent existing development.

[See Commentary]

    ?7-6-7.6 Floor Area Per Dwelling Unit Requirements for Vertical Mixed Use. Floor

    areas for dwelling units in vertical mixed-use developments shall comply with the following:

    (a) Minimum: 600 square feet, heated.

    (b) Maximum: 2,400 square feet, heated.

    (c) Average: 1,500 square feet, heated.

[See Commentary]

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    ?7-6-7.7 Detached, Single-family Dwellings. When detached, single-family residential

    dwellings each on their own lot, are provided in horizontal mixed use development, such uses

    shall conform to the following requirements (see also ?7-6-4.5).

    (a) Minimum lot size: 5,000 square feet.

    (b) Minimum lot width: 50 feet.

    (c) Minimum heated floor area per dwelling unit: 1,800 square feet.

    (d) The Governing Body may establish more restrictive density limitations than

    established in this subsection, as a condition of zoning approval, in order to ensure

    compatibility with adjacent existing development.

    ?7-6-7.8 Attached, Single-family Dwellings (Townhouses). When attached, single-family

    residential dwellings, each on their own lot, are provided in horizontal mixed-use development

    such uses shall conform to the following requirements.

    (a) Maximum density: 8 units per acre.

    (b) Minimum lot size (townhouse): 2,000 square feet

    (c) Minimum lot width: 20 feet

    (d) Minimum heated floor area per dwelling unit: 1,800 square feet.

    ?7-6-7.9 Freestanding Multi-family Dwellings. When apartments or condominiums are

    provided in a horizontal mixed-use development such uses shall conform to the following

    requirements.

    (a) Maximum density: 14 units per acre.

    (b) Minimum heated floor area per dwelling unit: 750 square feet.

    ?7-6-7.10 Building Setbacks. There shall be no required building setbacks for mixed-

    use development, except those that may be proposed by the mixed-use developer and/or made

    a condition of approval by the Governing Body.

?7-6-8 BUILDING PLACEMENT AND ORIENTATION REQUIREMENTS

    ?7-6-8.1 Street Face Requirement for Building Entrances. The purpose of this requirement

    is to ensure that buildings in the district complement pedestrian activity by providing direct

    access to the building and business activities from the sidewalk. If an entry is oriented to a

    parking lot, it diminishes activity from the street and implies that auto access takes precedence.

    Building presence is reinforced by observing the criteria in this Section. All properties with

    frontage on public and private streets shall upon development with a building have the building

    or buildings facing said streets in accordance with this Section:

    (a) The primary building entrance shall face onto (be oriented to) the sidewalk and street.

    Building entrances may include entrances to individual units, lobby entrances,

    entrances oriented to pedestrian plazas, or breezeway/courtyard entrances to a

    cluster of spaces.

    (b) On corner lots, buildings and their entrances shall be oriented to the street corner as

    feasible. Corner building entrances should be designed in cases where the building

    is located on a corner lot. Alternatively, a building entrance may be located away

    from the corner when the building corner is beveled or incorporates other detailing to

    reduce the angular appearance of the building at the street corner.

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