Jefferson City Zoning Code
CHAPTER 12
30 MIXED USE MU DISTRICT
§ 12.30.010 Purpose.
Chapter 12.30 provides standards for land use and development in Jefferson's mixed use district. The district is envisioned as the heart of the community, with a mix of commercial, residential, civic and historic uses in a pedestrian-friendly setting. The district standards are intended to preserve and enhance the historic store-front and residential character of the area; support commercial revitalization; encourage walking to and within the mixed use district; and encourage complementary uses to locate close to one another.
(Ord. 642 § 1, 2003)
§ 12.30.020 Applicability.
Development and land use within the mixed use district, as shown on the zoning map, shall be in conformance with the provisions outlined in this chapter. In addition, the mixed use district is divided into sub zones, described below, with specific regulations applicable within each sub zone.
A.
The Main Street sub zone places primary emphasis on the pedestrian environment.
B.
The highway sub zone is intended to accommodate pedestrians while equally balancing the accommodation of automobiles.
(Ord. 642 § 1, 2003)
§ 12.30.030 Permitted uses.
The following uses are permitted in the mixed use district:
A.
Single-unit dwellings;
B.
Accessory dwelling unit, subject to the standards of Chapter 12.62;
C.
Two-, three-, and four-unit residential uses (duplex, triplex and fourplex) in addition to single room occupancies (SROs);
D.
Home occupations;
E.
Hotels, inns, bed and breakfast inns, and similar residential-lodging uses;
F.
Retail trade and services including manufacturing of goods to be sold on the premises, except for uses with drive-up facilities (allowed conditionally through Section 12.30.040 in highway sub zone, see Section 12.30.044);
G.
Food and beverage sales and services (e.g., catering/food services, restaurants, cafes, cocktail lounges, bars, taverns, brew pubs, and public houses), except for uses with drive-up facilities (allowed conditionally through Section 12.30.040 in highway sub zone, see Section 12.30.044);
H.
Personal and professional services (laundromats and dry cleaners; barber shops and salons; banks and financial institutions; professional offices; medical, dental and veterinary clinics; child care; and similar uses), except for uses with drive-up facilities (allowed conditionally through Section 12.30.040 in highway sub zone, see Section 12.30.044);
I.
Entertainment and performing arts uses (e.g., theaters, clubs, and amusement uses);
J.
Mixed use development (residential with another permitted use). Existing buildings may be redeveloped with a mix of uses (e.g., living space above artist studio, retail, office, or other permitted use);
K.
Multifamily housing (five or more dwelling units on same lot or abutting lots of the same ownership), provided that multiple-family residential uses do not occupy more than 50% of ground-floor space on an individual lot or abutting lots under the same ownership. The above includes siting and development of residential structures subject to an affordable housing covenant as provided in ORS 456.270 to 456.295;
L.
Public buildings, structures and uses that receive the public (e.g., post office, library, school, museum, churches, community center, government offices, public plazas and parks, and similar uses). Utilities, public parking facilities, and other public uses which are integral to Jefferson's Mixed Use District redevelopment and the purpose of this district, are also permitted;
M.
Uses that the development official finds to be similar to a use in this section;
N.
The use of an RV on private property for living/sleeping for up to 14 days. This use may re-occur only after a period of 60 days without such activity.
(Ord. 642 § 1, 2003; Ord. 649 § 1, 2004; Ord. 665 § 8, 2009; Ord. 709 § 2, 2018; Ord. 719 § 2, 2021; Ord. 728 § 1, 2023; Ord. 731, 5/23/2024)
§ 12.30.040 Conditional uses.
A.
Proposed uses or site designs listed below as conditionally permitted in this chapter may be approved under a conditional use permit as provided in Chapter 12.84 and subsection B of this section:
1.
Uses.
a.
Retail trade and services including manufacturing of goods to be sold on the premises with drive-up facilities in highway sub zone;
b.
Food and beverage sales and services with drive-up facilities in highway sub zone;
c.
Personal and professional services with drive-up facilities in highway sub zone;
d.
Vehicle related uses include, but are not limited to: vehicle sales, service, and repair, new gas stations, oil change facilities, car washes, vehicle and equipment rental, and similar uses in highway sub zone.
2.
Modification to Site Design Standards in the Highway Sub Zone.
a.
Setbacks as required in Section 12.30.090(C)(3);
b.
Building orientations standards as required in Section 12.30.100(A) and (B) for buildings;
c.
Design of commercial, public, and mixed-use buildings as required in Section 12.30.130 for buildings.
B.
All conditional use permits within the mixed-use zone may be approved under a conditional use permit as provided in Chapter 12.84 and meet additional criteria as follows:
1.
The overall impact of the development enhances, rather than detracts from, the pedestrian environment. Appropriate conditions may be placed upon a development to accomplish this requirement.
C.
All conditional use permits within the mixed use zone will include a condition to require a review one year after the new use is initiated to ensure that the special condition in subsection B is being met in the ongoing operations.
D.
The one-year review shall be conducted as a Type B hearing with notice.
E.
If the Planning Commission finds that the development is in compliance with the special condition in subsection B, no further reviews are mandated.
F.
If the Planning Commission finds that the development is not in compliance with the special condition in subsection B, then the Commission may modify existing conditions of approval or apply new conditions as needed for compliance. These modified or new conditions shall include a condition to require another review as specified in subsection C one year after they are implemented.
(Ord. 642 § 1, 2003; Ord. 649 § 2, 2004; Ord. 719 § 2, 2021; Ord. 728 § 1, 2023)
§ 12.30.044 Drive-up facilities.
A.
Drive-up facilities are prohibited within the Main Street sub zone.
B.
Drive-up facilities are conditionally permitted within the Highway sub zone under the provisions of Chapter 12.84.
C.
Drive-up facilities include, but are not limited to: restaurant and fast food drive-up windows, bank machines and teller windows, gas stations existing prior to September 13, 2003, and similar facilities.
D.
Drive-up facilities do not include vehicle sales, service, and repair, new gas stations, oil change facilities, car washes, and similar uses.
(Ord. 649 § 3, 2004)
§ 12.30.048 Vehicle related uses.
A.
Vehicle related uses are prohibited within the Main Street sub zone.
B.
Vehicle related uses are conditionally permitted within the Highway sub zone under the provisions of Chapter 12.84.
C.
Vehicle related uses include, but are not limited to: vehicle sales, service, and repair, new gas stations, oil change facilities, car washes, vehicle and equipment rental, and similar uses.
(Ord. 649 § 4, 2004)
§ 12.30.050 Prohibited uses.
The following uses are prohibited:
A.
Uses listed as prohibited in Section 12.30.044 or 12.30.048.
B.
Telecommunication towers, utility substations, and similar facilities.
C.
Marijuana producers, marijuana processing facilities, marijuana retail facilities, and marijuana wholesalers.
D.
Medical marijuana facilities.
E.
Other uses not expressly allowed under Sections 12.30.030, 12.30.040, 12.30.044 and 12.30.048.
(Ord. 642 § 1, 2003; Ord. 649 § 5, 2004; Ord. 686 § 4, 2015; Ord. 691 § 4, 2015)
§ 12.30.060 Change in use.
Prior to commencement of a new use that is a change from one subsection listed in Section 12.30.030 to a different subsection, approval must be obtained through the "written comment" procedure specified in Section 12.72.025 to ensure conformance with the provisions of this chapter and other applicable standards. Changes in use that are within the same subsection of Section 12.30.030 do not require review or approval, but a certificate of occupancy must be obtained for the new use.
(Ord. 642 § 1, 2003)
§ 12.30.070 Accessory uses.
Any uses, buildings, or structures customarily appurtenant to a permitted use, such as incidental storage facilities and the like, are permitted.
(Ord. 642 § 1, 2003)
§ 12.30.080 Lot requirements.
A.
Lot Coverage. No maximum lot coverage requirement, except that other standards may preclude full lot coverage 100% for some land uses.
B.
Lot Area. No new lot shall be created less than 3,500 square-feet. This shall not prevent development upon existing lots less than 3,500 square-feet provided that other requirements of this Code are met.
C.
Lot Width/Depth. No new lot shall be created with lot width or lot depth less than 30 feet. This shall not prevent development upon existing lots with width or depth less than 30 feet provided that other requirements of this Code are met.
(Ord. 642 § 1, 2003; Ord. 649 § 6, 2004)
§ 12.30.090 Building setbacks.
A.
In the Mixed Use District, the preferred location for commercial and mixed use buildings is close to the street to create a vibrant pedestrian environment, to slow traffic down, provide a storefront character to the street, and encourage walking. The setback standards are also flexible to encourage public spaces between the sidewalks and building entrances (e.g., extra-wide sidewalks, plazas, squares, outdoor dining areas, and pocket parks) and additional setbacks where ground-floor residences are built or remodeled.
B.
There is no required front yard.
C.
At least 60% of the front building elevation must be at the front property line (zero-foot front yard setback), except as provided below:
1.
Additional setback distance is allowed to place a public plaza, extra-wide sidewalk, outdoor seating area, patio with benches, landscaping, etc. between the street sidewalk and building.
2.
There is no maximum front setback for residential and live/work structures.
3.
Within the Highway sub zone, the maximum setback may be waived through a conditional use permit.
D.
There are no required side yard or rear yard setbacks, except for the buffering and screening requirements in Section 12.42.100.
E.
There is no maximum side yard or rear yard.
(Ord. 642 § 1, 2003; Ord. 649 § 7, 2004)
§ 12.30.100 Building orientation.
All new buildings and major remodels or additions (equal to 50% or more of existing floor area) shall meet all of the following building orientation standards to ensure storefront character and pedestrian-oriented design:
A.
Every building elevation fronting a street or alley shall have an entrance oriented to (i.e., facing) the respective street and alley, as generally shown in Diagram 12.30.100. Building entrances may include doorways to individual building spaces, lobby entrances, or courtyard and plaza entrances (i.e., passages to a cluster of spaces). Within the highway subzone, this standard may be modified through a conditional use permit in Section 12.30.040.
B.
Off-street parking, driveways, or other vehicular circulation shall not be located between a building and the street right-of-way. Parking areas shall be on the side or rear of the building, and when adjacent to a public right-of-way, shall be screened with landscaping, as provided under Section 12.40.120(D). This subsection does not apply to alleys. Within the highway subzone, this standard may be modified through a conditional use permit in Section 12.30.040.
C.
Maintain accessible sidewalk clearance of not less than four feet, as provided under Section 12.48.200.
D.
Residential garages with entrances facing the street shall be recessed behind the front building elevation by least four feet.
Diagram 12.30.100—Building Orientation (Typical)  |
(Ord. 642 § 1, 2003; Ord. 649 § 8, 2004; Ord. 719 § 3, 2021; Ord. 723 § 4, 2023)
§ 12.30.110 Building height.
The building height standard is intended to allow for the development of appropriately scaled buildings with a storefront character, and encourage mixed use. Buildings shall be no more than three stories or 45 feet in height, whichever is less. The maximum height may be increased by one story or 12 feet to provide for residential use above a permitted commercial ground floor use.
(Ord. 642 § 1, 2003; Ord. 719 § 4, 2021)
§ 12.30.120 [Repealed].
(Ord. 642 § 1, 2003; Ord. 649 §§ 10-11, 2004; Ord. 723 § 5, 2023)
§ 12.30.130 Design of commercial, public, and mixed use buildings.
A.
Purpose. These standards are intended to provide storefront character, pedestrian-scale, and visual relatedness of mixed uses and buildings.
B.
Applicability.
1.
All new commercial, public, or mixed use buildings shall conform to all of the building design standards within this section.
2.
These standards shall also apply when an expansion of a building is subject to site plan review because the expansion exceeds 25% of the floor area of the building or 400 square-feet.
3.
These standards shall also apply when an exterior remodel affects more than 25% of the surface area of the exterior walls. Maintenance, repairs, or replacement using the same material does not constitute remodeling. These standards do not apply to remodeling that is entirely within the interior of the building.
4.
When these standards are applied to an expansion or remodel, and when full compliance with the standards is not feasible due to the limited scope of the project, then at least 10% of the monetary expenditure on the project shall be devoted to bringing the building closer to compliance with these standards.
C.
Provide corner building entrances on corner lots. Alternatively, a building entrance may be located away from the corner (more than 10 feet) when the building corner is beveled or incorporates other architectural detailing to reduce the angular appearance of the building corner at the street corner. Within the highway subzone, this standard may be modified through a conditional use permit in Section 12.30.040.
D.
Provide regularly spaced and similar-shaped windows with window hoods or trim on the street-facing building elevation(s) of every building story. Window size and dimension shall be proportional to the building scale (i.e., larger walls shall have larger windows; smaller walls shall have smaller windows).
E.
Provide large display windows covering at least 60% of the ground floor elevation facing the street. Display windows shall be framed by bulkheads, piers, awnings, canopies, and a storefront cornice, or similar architectural detailing that visually separates the ground floor from upper stories.
F.
Decorative cornice or parapet at top of building (flat roof); or eaves (at least twelve inches) provided with pitched roof.
G.
Pedestrian-scale design. This criterion is met by providing at least four of the following on the streetfacing elevation(s) of every building:
1.
Building offset (at least two-feet);
2.
Recessed entry (at least four-feet);
3.
Projections (at least two-feet);
4.
Changes in roof elevation (at least two-feet);
5.
Sheltering roof, canopy, or awning (extending four-feet. out from the building facade and having a minimum vertical clearance of eight-feet (e.g., from the bottom of a canopy or awning);
6.
Distinct pattern of divisions in surface materials (e.g., brick, masonry, siding, similar finishing);
7.
Windows have architectural detailing (e.g., four-inch trim, four-inch hood, four-inch reveal, etc.);
8.
Ornamental lighting (e.g., uplighting on architectural feature, artwork, signs, etc.) not greater than two foot-candles.
Diagram 12.30.130—Mixed Use District Building Design Elements (Typical)  |
(Ord. 642 § 1, 2003; Ord. 649 § 12, 2004; Ord. 719 §§ 5, 6, 2021)
§ 12.30.140 Design of multi-unit residential.
All new residential development with more than one dwelling unit per lot shall meet the standards below:
A.
The maximum number of units permitted on a lot shall be the same as would be permitted in a highdensity residential zone as specified in Section 12.20.020.
B.
Detailed design must be provided along all elevations (i.e., front, rear and sides). Detailed design means using at least three of the architectural features listed below on all elevations, as appropriate for the proposed building type and style. Features may vary on front, rear, and side elevations:
1.
Dormers;
2.
Gables;
3.
Bay or bow windows;
4.
Off-sets in building face of at least 16 inches in depth and six feet in length;
5.
Window shutters or decorative trim a minimum of four inches wide;
6.
Balconies;
7.
Roof pitch greater than or equal to nominal 6:12;
8.
Architectural grade laminated shingles, cedar shakes or shingles, tile, slate, or copper (not including standard three-tab asphalt shingles);
9.
Flat roofs with decorative cornices or roof lines;
10.
Horizontal lap siding;
11.
Brickwork or masonry;
12.
Decorative patterns on exterior finish (e.g., shingles, scales, wainscoting, or other ornamentation);
13.
Architectural or decorative pillars (not including simple 4x4 posts).
C.
A covered porch or a recessed (minimum sixteen inches) entry roof must be provided at all entrances.
D.
The requirements for street-facing facades and main entrances found in Sections 12.20.070 and 12.20.080 must be met.
E.
Any garage or carport fronting a street (other than an alley) shall be recessed at least four feet from the front facade.
F.
Up to one-third of the parking spaces required in Chapter 12.44 may be provided on-street or off-site. One space may be counted for every twenty feet of frontage where parking is permitted. Permanently reserved spaces on private property within 300 feet of a main entrance may be counted if a satisfactory easement is recorded.
Diagram 12.30.140—Examples of Residential Architectural Details  |
(Ord. 642 § 1, 2003; Ord. 731, 5/23/2024)
§ 12.30.150 Design of single-unit dwellings, manufactured homes on individual lots and duplex dwellings.
All new single-unit dwellings, manufactured homes on individual lots and duplex dwellings shall meet the standards below:
A.
The applicant must show how the proposed building could be readily converted to a commercial or mixed use. This may be accomplished with any of the following, but is not limited to the listed methods.
1.
A front room that would accommodate a business by its size, layout, direct access from a front entrance, and visibility through storefront windows.
2.
Vacant land between the proposed building and the street that would accommodate a commercial use through an expansion or new building.
3.
Oversized cooking and dining facilities that could be converted for use in a restaurant or bed-and-breakfast.
4.
Being accessible to persons with disabilities, or being capable of being remodeled for accessibility in conformance with the Americans with Disabilities Act.
B.
The dwelling must meet all standards that would apply to single-unit dwellings in a residential zone except as provided in this section. These standards include, but are not limited to, Sections 12.20.055 through 12.20.080, and Section 12.60.070.
C.
There is no minimum lot size.
D.
There are no minimum lot dimensions.
E.
There are no required setbacks.
F.
A garage or carport is not required. If a garage or carport is included it must meet the following standards:
1.
If the lot has frontage onto an alley, vehicle access to any garage, carport, or on-site parking area must be through the alley.
2.
If access from an alley is not possible, then a garage or carport fronting the street shall be recessed at least four feet from the front facade.
G.
Two parking spaces must be accounted for, but not necessarily off-street or on-site. If parking is permitted along the street frontage, one space may be counted for every 20 feet of frontage. Spaces within a garage or carport may be counted. Permanently reserved spaces on private property within 300 feet of the main entrance may be counted if a satisfactory easement is recorded.
(Ord. 642 § 1, 2003; Ord. 731, 5/23/2024)