29 - MUC MIXED-USE CORRIDOR DISTRICT13
Editor's note— Ord. No. 08-1014, adopted July 1, 2009, repealed Chapter 17.29 in its entirety and enacted new provisions to read as herein set out and subsequently amended. Prior to amendment, Chapter 17.29 pertained to similar subject matter. See Ordinance Disposition List for derivation.
The mixed-use corridor (MUC) district is designed to apply along selected sections of transportation corridors such as Molalla Avenue, 7th Street, Beavercreek Road, and along Warner-Milne Road. Land uses are characterized by high-volume establishments such as retail, service, office, multi-family residential, lodging, recreation and meeting facilities, or a similar use as defined by the community development director. A mix of high-density residential, office, and small-scale retail uses are encouraged in this district. Moderate density (MUC-1) and high density (MUC-2) options are available within the MUC zoning district. The area along 7th Street is an example of MUC-1, and the area along Warner-Milne Road is an example of MUC-2.
(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 18-1009, § 1(Exh. A), 7-3-2019; Ord. No. 19-1008, § 1(Exh. A), 12-18-2019)
A.
Banquet, conference facilities and meeting rooms.
B.
Bed and breakfast/boarding houses, hotels, motels, and other lodging facilities.
C.
Child care centers and/or nursery schools.
D.
Indoor entertainment centers and arcades.
E.
Health and fitness clubs.
F.
Medical and dental clinics, outpatient; infirmary services.
G.
Museums, libraries and cultural facilities.
H.
Offices, including finance, insurance, real estate and government.
I.
Outdoor markets, such as produce stands, craft markets and farmers markets that are operated on the weekends and after six p.m. during the weekday.
J.
Postal services.
K.
Parks, playgrounds, playfields and community or neighborhood centers.
L.
Repair shops, for radio and television, office equipment, bicycles, electronic equipment, shoes and small appliances and equipment.
M.
Multi-family residential, triplexes and quadplexes.
N.
One or two dwelling units in conjunction with a nonresidential use, provided that the residential use occupies no more than fifty percent of the total square footage of the development.
O.
Restaurants, eating and drinking establishments without a drive-through.
P.
Services, including personal, professional, educational and financial services; laundry and dry-cleaning.
Q.
Retail trade, including grocery, hardware and gift shops, bakeries, delicatessens, florists, pharmacies, specialty stores, marijuana, and similar, provided the maximum footprint for a stand-alone building with a single store or multiple buildings with the same business does not exceed sixty thousand square feet.
R.
Seasonal sales.
S.
Residential care facilities, assisted living facilities; nursing homes and group homes for over fifteen patients licensed by the state.
T.
Studios and galleries, including dance, art, photography, music and other arts.
U.
Utilities: Basic and linear facilities, such as water, sewer, power, telephone, cable, electrical and natural gas lines, not including major facilities such as sewage and water treatment plants, pump stations, water tanks, telephone exchanges and cell towers.
V.
Veterinary clinics or pet hospitals, pet day care.
W.
Home occupations.
X.
Research and development activities.
Y.
Temporary real estate offices in model dwellings located on and limited to sales of real estate on a single piece of platted property upon which new residential buildings are being constructed.
Z.
Transportation facilities.
AA.
Live/work dwellings.
BB.
Accessory dwelling unit in conjunction with a legally established non-conforming single-family dwelling.
CC.
Duplex.
DD.
After-hours public parking.
(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 13-1003, § 1(Exh. 1), 7-17-2013; Ord. No. 13-1017, § 1(Exh. 1), 4-16-2014; Ord. No. 16-1008, § 1(Exh. A), 10-19-2016, ballot 11-8-2016; Ord. No. 18-1005, § 1(Exh. A), 5-2-2018; Ord. No. 18-1009, § 1(Exh. A), 7-3-2019; Ord. No. 19-1008, § 1(Exh. A), 12-18-2019; Ord. No. 22-1001, 1(Exh. A), 6-1-2022)
The following uses are permitted in this district when authorized and in accordance with the process and standards contained in OCMC 17.56:
A.
Drive-through facilities;
B.
Emergency service facilities (police and fire), excluding correctional facilities;
C.
Gas stations;
D.
Outdoor markets that do not meet the criteria of OCMC 17.29.020.I;
E.
Public utilities and services, and utility facilities, including sub-stations (such as buildings, plants and other structures) and outdoor storage associated with the conditional use;
F.
Public and/or private educational or training facilities;
G.
Religious institutions;
H.
Retail trade, including gift shops, bakeries, delicatessens, florists, pharmacies, specialty stores and any other use permitted in the neighborhood, historic or limited commercial districts that have a footprint for a stand-alone building with a single store in excess of sixty thousand square feet in the MUC-1 or MUC-2 zone;
I.
Hospitals;
J.
Parking not in conjunction with a primary use on private property, excluding after-hours public parking;
K.
Passenger terminals, excluding bus stops;
L.
Shelters.
(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 18-1009, § 1(Exh. A), 7-3-2019; Ord. No. 19-1008, § 1(Exh. A), 12-18-2019; Ord. No. 23-1011, 1(Exh. A), 12-20-2023)
The following uses are prohibited in the MUC district:
A.
Distributing, wholesaling and warehousing;
B.
Outdoor storage unless permitted under OCMC 17.29.030.E;
C.
Outdoor sales that are not ancillary to a permitted use on the same or abutting property under the same ownership;
D.
Correctional facilities;
E.
Heavy equipment service, repair, sales, storage or rentals (including but not limited to construction equipment and machinery and farming equipment);
F.
Kennels;
G.
Motor vehicle and recreational vehicle sales and incidental service;
H.
Motor vehicle and recreational vehicle repair/service;
I.
Self-service storage facilities;
J.
Marijuana production, processing, wholesaling, research, testing, and laboratories;
K.
Mobile food units, except with a special event permit.
(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 13-1017, § 1(Exh. 1), 4-16-2014; Ord. No. 16-1008, § 1(Exh. A), 10-19-2016, ballot 11-8-2016; Ord. No. 18-1009, § 1(Exh. A), 7-3-2019; Ord. No. 19-1008, § 1(Exh. A), 12-18-2019; Ord. No. 23-1011, 1(Exh. A), 12-20-2023)
A.
Minimum lot areas: None.
B.
Maximum building height: Forty feet or three stories, whichever is less.
C.
Minimum required setbacks if not abutting a residential zone: None.
D.
Minimum required interior and rear yard setbacks if abutting a residential zone: Twenty feet, plus one foot additional yard setback for every one foot of building height over thirty-five feet.
E.
Maximum allowed setbacks.
1.
Front yard: Five feet.
2.
Interior side yard: None.
3.
Corner side setback abutting street: Thirty feet.
4.
Rear yard: None.
Public utility easements may supersede the minimum setback. Maximum setback may be increased per OCMC 17.62.055.D.
F.
Maximum lot coverage of the building and parking lot: Eighty percent.
G.
Minimum required landscaping (including landscaping within a parking lot): Twenty percent.
H.
Residential minimum net density of 17.4 units per acre, except that no minimum net density shall apply to residential uses proposed above nonresidential uses in a mixed-use configuration or to live/work dwellings.
I.
Standalone residential development of fewer than five units are exempt from maximum setbacks and minimum density requirements of the underlying zone.
(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 18-1009, § 1(Exh. A), 7-3-2019; Ord. No. 19-1008, § 1(Exh. A), 12-18-2019; Ord. No. 21-1007, § 1(Exh. A), 4-21-2021; Ord. No. 23-1001, § 1(Exh. A), 3-15-2023)
A.
Minimum lot area: None.
B.
Minimum floor area ratio: 0.25.
C.
Minimum building height: Twenty-five feet or two stories except for accessory structures or buildings under one thousand square feet.
D.
Maximum building height: Sixty feet.
E.
Minimum required setbacks if not abutting a residential zone: None.
F.
Minimum required interior and rear yard setbacks if abutting a residential zone: Twenty feet, plus one foot additional yard setback for every two feet of building height over thirty-five feet.
G.
Maximum Allowed Setbacks.
1.
Front yard: Five feet.
2.
Interior side yard: None.
3.
Corner side yard abutting street: Twenty feet.
4.
Rear yard: None.
H.
Maximum site coverage of building and parking lot: Ninety percent.
I.
Minimum landscaping requirement (including parking lot): Ten percent.
J.
Residential minimum net density of 17.4 units per acre, except that no minimum net density shall apply to residential uses proposed above nonresidential uses in a mixed-use configuration or to live/work dwellings.
(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 18-1009, § 1(Exh. A), 7-3-2019; Ord. No. 19-1008, § 1(Exh. A), 12-18-2019)
Floor area ratios are a tool for regulating the intensity of development. Minimum FARs help to achieve more intensive forms of building development in areas appropriate for larger-scale buildings and higher residential densities.
A.
The minimum floor area ratios contained in OCMC 17.29.050 and 17.29.060 apply to all nonresidential and mixed-use building development, except stand-alone commercial buildings less than ten thousand square feet in floor area.
B.
Required minimum FARs shall be calculated on a project-by-project basis and may include multiple contiguous blocks. In mixed-use developments, residential floor space will be included in the calculations of floor area ratio to determine conformance with minimum FARs.
C.
An individual phase of a project shall be permitted to develop below the required minimum floor area ratio provided the applicant demonstrates, through covenants applied to the remainder of the site or project or through other binding legal mechanism, that the required density for the project will be achieved at project build out.
(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 18-1009, § 1(Exh. A), 7-3-2019; Ord. No. 19-1008, § 1(Exh. A), 12-18-2019)
A.
Applicability. This section applies to all development in the MUC-2 district within the Thimble Creek Concept Plan Area.
B.
Relationship of Standards. These standards apply in addition to and supersede the standards of the MUC-2 zone within the Thimble Creek Concept Plan Area. In the event of a conflict, the standards of this section control.
C.
Uses.
1.
Light industrial uses limited to the design, light manufacturing, processing, assembly, packaging, fabrication and treatment of products made from previously prepared or semi-finished materials are permitted.
2.
The following permitted uses, alone or in combination, shall not exceed twenty percent of the total gross floor area of all of the other permitted and conditional uses within the development site. The total gross floor area of two or more buildings may be used, even if the buildings are not all on the same parcel or owned by the same property owner, as long as they are part of the net developable portion of contiguous mixed-use corridor zoned lands.
a.
Restaurants, eating and drinking establishments;
b.
Services, including personal, professional, educational and financial services; laundry and dry-cleaning;
c.
Retail trade, including grocery, hardware and gift shops, bakeries, delicatessens, florists, pharmacies, specialty stores, marijuana, and similar, provided the maximum footprint for a stand-alone building with a single store does not exceed twenty thousand square feet; and
d.
Grocery stores provided the maximum footprint for a stand-alone building does not exceed forty thousand square feet.
3.
Drive-throughs are prohibited.
4.
Gas stations are prohibited.
5.
Bed and breakfast and other lodging facilities for up to ten guests per night are a conditional use.
6.
Tax Lot 00800, located on Clackamas County Map #32E10C has a special provision to allow the multifamily residential use permitted as of July 31, 2020 as a permitted use. This property may only maintain and expand the current use.
D.
Dimensional Standards.
1.
Minimum floor area ratio (FAR) shall be 0.35.
2.
Maximum allowed setback for corner side yard abutting street shall be five feet.
E.
Residential Uses. All residential uses, except live/work units, are limited to upper stories only, and may only be proposed as part of a single development application incorporating nonresidential uses allowed in the MUC-2 district on the ground floor.
(Ord. No. 21-1006, § 1(Exh. A), 7-1-2020)
29 - MUC MIXED-USE CORRIDOR DISTRICT13
Editor's note— Ord. No. 08-1014, adopted July 1, 2009, repealed Chapter 17.29 in its entirety and enacted new provisions to read as herein set out and subsequently amended. Prior to amendment, Chapter 17.29 pertained to similar subject matter. See Ordinance Disposition List for derivation.
The mixed-use corridor (MUC) district is designed to apply along selected sections of transportation corridors such as Molalla Avenue, 7th Street, Beavercreek Road, and along Warner-Milne Road. Land uses are characterized by high-volume establishments such as retail, service, office, multi-family residential, lodging, recreation and meeting facilities, or a similar use as defined by the community development director. A mix of high-density residential, office, and small-scale retail uses are encouraged in this district. Moderate density (MUC-1) and high density (MUC-2) options are available within the MUC zoning district. The area along 7th Street is an example of MUC-1, and the area along Warner-Milne Road is an example of MUC-2.
(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 18-1009, § 1(Exh. A), 7-3-2019; Ord. No. 19-1008, § 1(Exh. A), 12-18-2019)
A.
Banquet, conference facilities and meeting rooms.
B.
Bed and breakfast/boarding houses, hotels, motels, and other lodging facilities.
C.
Child care centers and/or nursery schools.
D.
Indoor entertainment centers and arcades.
E.
Health and fitness clubs.
F.
Medical and dental clinics, outpatient; infirmary services.
G.
Museums, libraries and cultural facilities.
H.
Offices, including finance, insurance, real estate and government.
I.
Outdoor markets, such as produce stands, craft markets and farmers markets that are operated on the weekends and after six p.m. during the weekday.
J.
Postal services.
K.
Parks, playgrounds, playfields and community or neighborhood centers.
L.
Repair shops, for radio and television, office equipment, bicycles, electronic equipment, shoes and small appliances and equipment.
M.
Multi-family residential, triplexes and quadplexes.
N.
One or two dwelling units in conjunction with a nonresidential use, provided that the residential use occupies no more than fifty percent of the total square footage of the development.
O.
Restaurants, eating and drinking establishments without a drive-through.
P.
Services, including personal, professional, educational and financial services; laundry and dry-cleaning.
Q.
Retail trade, including grocery, hardware and gift shops, bakeries, delicatessens, florists, pharmacies, specialty stores, marijuana, and similar, provided the maximum footprint for a stand-alone building with a single store or multiple buildings with the same business does not exceed sixty thousand square feet.
R.
Seasonal sales.
S.
Residential care facilities, assisted living facilities; nursing homes and group homes for over fifteen patients licensed by the state.
T.
Studios and galleries, including dance, art, photography, music and other arts.
U.
Utilities: Basic and linear facilities, such as water, sewer, power, telephone, cable, electrical and natural gas lines, not including major facilities such as sewage and water treatment plants, pump stations, water tanks, telephone exchanges and cell towers.
V.
Veterinary clinics or pet hospitals, pet day care.
W.
Home occupations.
X.
Research and development activities.
Y.
Temporary real estate offices in model dwellings located on and limited to sales of real estate on a single piece of platted property upon which new residential buildings are being constructed.
Z.
Transportation facilities.
AA.
Live/work dwellings.
BB.
Accessory dwelling unit in conjunction with a legally established non-conforming single-family dwelling.
CC.
Duplex.
DD.
After-hours public parking.
(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 13-1003, § 1(Exh. 1), 7-17-2013; Ord. No. 13-1017, § 1(Exh. 1), 4-16-2014; Ord. No. 16-1008, § 1(Exh. A), 10-19-2016, ballot 11-8-2016; Ord. No. 18-1005, § 1(Exh. A), 5-2-2018; Ord. No. 18-1009, § 1(Exh. A), 7-3-2019; Ord. No. 19-1008, § 1(Exh. A), 12-18-2019; Ord. No. 22-1001, 1(Exh. A), 6-1-2022)
The following uses are permitted in this district when authorized and in accordance with the process and standards contained in OCMC 17.56:
A.
Drive-through facilities;
B.
Emergency service facilities (police and fire), excluding correctional facilities;
C.
Gas stations;
D.
Outdoor markets that do not meet the criteria of OCMC 17.29.020.I;
E.
Public utilities and services, and utility facilities, including sub-stations (such as buildings, plants and other structures) and outdoor storage associated with the conditional use;
F.
Public and/or private educational or training facilities;
G.
Religious institutions;
H.
Retail trade, including gift shops, bakeries, delicatessens, florists, pharmacies, specialty stores and any other use permitted in the neighborhood, historic or limited commercial districts that have a footprint for a stand-alone building with a single store in excess of sixty thousand square feet in the MUC-1 or MUC-2 zone;
I.
Hospitals;
J.
Parking not in conjunction with a primary use on private property, excluding after-hours public parking;
K.
Passenger terminals, excluding bus stops;
L.
Shelters.
(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 18-1009, § 1(Exh. A), 7-3-2019; Ord. No. 19-1008, § 1(Exh. A), 12-18-2019; Ord. No. 23-1011, 1(Exh. A), 12-20-2023)
The following uses are prohibited in the MUC district:
A.
Distributing, wholesaling and warehousing;
B.
Outdoor storage unless permitted under OCMC 17.29.030.E;
C.
Outdoor sales that are not ancillary to a permitted use on the same or abutting property under the same ownership;
D.
Correctional facilities;
E.
Heavy equipment service, repair, sales, storage or rentals (including but not limited to construction equipment and machinery and farming equipment);
F.
Kennels;
G.
Motor vehicle and recreational vehicle sales and incidental service;
H.
Motor vehicle and recreational vehicle repair/service;
I.
Self-service storage facilities;
J.
Marijuana production, processing, wholesaling, research, testing, and laboratories;
K.
Mobile food units, except with a special event permit.
(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 13-1017, § 1(Exh. 1), 4-16-2014; Ord. No. 16-1008, § 1(Exh. A), 10-19-2016, ballot 11-8-2016; Ord. No. 18-1009, § 1(Exh. A), 7-3-2019; Ord. No. 19-1008, § 1(Exh. A), 12-18-2019; Ord. No. 23-1011, 1(Exh. A), 12-20-2023)
A.
Minimum lot areas: None.
B.
Maximum building height: Forty feet or three stories, whichever is less.
C.
Minimum required setbacks if not abutting a residential zone: None.
D.
Minimum required interior and rear yard setbacks if abutting a residential zone: Twenty feet, plus one foot additional yard setback for every one foot of building height over thirty-five feet.
E.
Maximum allowed setbacks.
1.
Front yard: Five feet.
2.
Interior side yard: None.
3.
Corner side setback abutting street: Thirty feet.
4.
Rear yard: None.
Public utility easements may supersede the minimum setback. Maximum setback may be increased per OCMC 17.62.055.D.
F.
Maximum lot coverage of the building and parking lot: Eighty percent.
G.
Minimum required landscaping (including landscaping within a parking lot): Twenty percent.
H.
Residential minimum net density of 17.4 units per acre, except that no minimum net density shall apply to residential uses proposed above nonresidential uses in a mixed-use configuration or to live/work dwellings.
I.
Standalone residential development of fewer than five units are exempt from maximum setbacks and minimum density requirements of the underlying zone.
(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 18-1009, § 1(Exh. A), 7-3-2019; Ord. No. 19-1008, § 1(Exh. A), 12-18-2019; Ord. No. 21-1007, § 1(Exh. A), 4-21-2021; Ord. No. 23-1001, § 1(Exh. A), 3-15-2023)
A.
Minimum lot area: None.
B.
Minimum floor area ratio: 0.25.
C.
Minimum building height: Twenty-five feet or two stories except for accessory structures or buildings under one thousand square feet.
D.
Maximum building height: Sixty feet.
E.
Minimum required setbacks if not abutting a residential zone: None.
F.
Minimum required interior and rear yard setbacks if abutting a residential zone: Twenty feet, plus one foot additional yard setback for every two feet of building height over thirty-five feet.
G.
Maximum Allowed Setbacks.
1.
Front yard: Five feet.
2.
Interior side yard: None.
3.
Corner side yard abutting street: Twenty feet.
4.
Rear yard: None.
H.
Maximum site coverage of building and parking lot: Ninety percent.
I.
Minimum landscaping requirement (including parking lot): Ten percent.
J.
Residential minimum net density of 17.4 units per acre, except that no minimum net density shall apply to residential uses proposed above nonresidential uses in a mixed-use configuration or to live/work dwellings.
(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 18-1009, § 1(Exh. A), 7-3-2019; Ord. No. 19-1008, § 1(Exh. A), 12-18-2019)
Floor area ratios are a tool for regulating the intensity of development. Minimum FARs help to achieve more intensive forms of building development in areas appropriate for larger-scale buildings and higher residential densities.
A.
The minimum floor area ratios contained in OCMC 17.29.050 and 17.29.060 apply to all nonresidential and mixed-use building development, except stand-alone commercial buildings less than ten thousand square feet in floor area.
B.
Required minimum FARs shall be calculated on a project-by-project basis and may include multiple contiguous blocks. In mixed-use developments, residential floor space will be included in the calculations of floor area ratio to determine conformance with minimum FARs.
C.
An individual phase of a project shall be permitted to develop below the required minimum floor area ratio provided the applicant demonstrates, through covenants applied to the remainder of the site or project or through other binding legal mechanism, that the required density for the project will be achieved at project build out.
(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009; Ord. No. 18-1009, § 1(Exh. A), 7-3-2019; Ord. No. 19-1008, § 1(Exh. A), 12-18-2019)
A.
Applicability. This section applies to all development in the MUC-2 district within the Thimble Creek Concept Plan Area.
B.
Relationship of Standards. These standards apply in addition to and supersede the standards of the MUC-2 zone within the Thimble Creek Concept Plan Area. In the event of a conflict, the standards of this section control.
C.
Uses.
1.
Light industrial uses limited to the design, light manufacturing, processing, assembly, packaging, fabrication and treatment of products made from previously prepared or semi-finished materials are permitted.
2.
The following permitted uses, alone or in combination, shall not exceed twenty percent of the total gross floor area of all of the other permitted and conditional uses within the development site. The total gross floor area of two or more buildings may be used, even if the buildings are not all on the same parcel or owned by the same property owner, as long as they are part of the net developable portion of contiguous mixed-use corridor zoned lands.
a.
Restaurants, eating and drinking establishments;
b.
Services, including personal, professional, educational and financial services; laundry and dry-cleaning;
c.
Retail trade, including grocery, hardware and gift shops, bakeries, delicatessens, florists, pharmacies, specialty stores, marijuana, and similar, provided the maximum footprint for a stand-alone building with a single store does not exceed twenty thousand square feet; and
d.
Grocery stores provided the maximum footprint for a stand-alone building does not exceed forty thousand square feet.
3.
Drive-throughs are prohibited.
4.
Gas stations are prohibited.
5.
Bed and breakfast and other lodging facilities for up to ten guests per night are a conditional use.
6.
Tax Lot 00800, located on Clackamas County Map #32E10C has a special provision to allow the multifamily residential use permitted as of July 31, 2020 as a permitted use. This property may only maintain and expand the current use.
D.
Dimensional Standards.
1.
Minimum floor area ratio (FAR) shall be 0.35.
2.
Maximum allowed setback for corner side yard abutting street shall be five feet.
E.
Residential Uses. All residential uses, except live/work units, are limited to upper stories only, and may only be proposed as part of a single development application incorporating nonresidential uses allowed in the MUC-2 district on the ground floor.
(Ord. No. 21-1006, § 1(Exh. A), 7-1-2020)