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Salem City Zoning Code

CHAPTER 536

MIXED USE-RIVERFRONT

Sec. 536.001.- Purpose.

The purpose of the Mixed Use-Riverfront (MU-R) zone is to identify allowed uses and establish development standards that promote a mixed-use, pedestrian-oriented district that takes advantage of its proximity to the Willamette River. The MU-R zone encourages a mix of uses in multi-story buildings and promotes pedestrian access to the Willamette River.

(Ord. No. 11-22, § 1(Exh. A), 7-25-2022, eff. 8-24-2022)

Sec. 536.005. - Definitions.

Unless the context otherwise specifically requires, as used in this chapter, the following mean:

Pedestrian amenities means areas and objects that are intended to serve as places for public use and are closed to motorized vehicles. Examples include plazas, sidewalk extensions, outdoor seating areas, and street furnishings.

Primary street means a street that is classified in the Salem Transportation System Plan (TSP) as an arterial or collector.

Secondary street means a street that is classified in the TSP as a local street.

(Ord. No. 11-22, § 1(Exh. A), 7-25-2022, eff. 8-24-2022)

Sec. 536.010. - Uses.

(a)

The permitted (P), special (S), conditional (C), and prohibited (N) uses in the MU-R zone are set forth in Table 536-1.

TABLE 536-1: USES
Status
Household Living
Single family P The following single family activities:
■ Townhouse.
■ Residential home, as defined under ORS 197.660.
N All other single family.
Two family N
Three family P
Four family P
Multiple family P
Group Living
Room and board P The following room and board activities
■ Single-room occupancy.
■ Other room and board serving 5 or fewer persons.
N All other room and board.
Residential care P The following residential care activities:
■ Residential facility, as defined under ORS 197.660.
■ Assisted living.
N All other residential care.
Nursing care N
Lodging
Short-term commercial lodging P
Long-term commercial lodging N
Non-profit shelters N
Retail Sales and Services
Eating and drinking establishments P
Retail sales P
Personal services P
Postal services and retail financial services P
Business and Professional Services
Office P
Audio/visual media production P
Laboratory research and testing P
Motor Vehicle, Trailer, and Manufactured Dwelling Sales and Service
Motor vehicle and manufactured dwelling and trailer sales N
Motor vehicle services N
Commercial parking N Standalone surface parking lots
P All other commercial parking
Park-and-ride facilities P Park-and-ride facilities, when converted from portions of existing off-street parking areas.
N All other park-and-ride facilities.
Taxicabs and car services N
Heavy vehicle and trailer sales N
Heavy vehicle and trailer service and storage N
Recreation, Entertainment, and Cultural Services and Facilities
Commercial entertainment—Indoor N Firing ranges
P All other commercial entertainment—Indoor.
Commercial entertainment—Outdoor N
Major event entertainment C
Recreational and cultural community services P
Parks and open space P
Non-profit membership assembly P
Religious assembly P
Health Services
Medical centers/hospitals N
Outpatient medical services and laboratories P
Educational Services
Day care P
Basic education P
Post-secondary and adult education P
Civic Services
Government services P
Social services P
Governmental maintenance services and construction N
Public Safety
Emergency services P
Detention facilities N
Military installations N
Funeral and Related Services
Cemeteries N
Funeral and cremation services N
Construction Contracting, Repair, Maintenance, and Industrial Services
General repair services P
Building and ground services and construction contracting N
Cleaning plants N
Industrial services N
Wholesale Sales, Storage, and Distribution
General wholesaling P General wholesaling, provided the following is met:
■ Wholesaling is in buildings and structures constructed prior to August 24, 2022, retail sales in the same line of goods is provided on-site, and the wholesaling does not exceed 50 percent of total floor area per development site or 10,000 square feet, whichever is more; or,
■ Wholesaling is in buildings and structures constructed after August 24, 2022, retail sales in the same line of goods is provided on-site, and wholesaling does not exceed 5,000 square feet of total floor area per development site.
N
Heavy wholesaling N
Warehousing and distribution N
Self-service storage N
Manufacturing
General manufacturing P General manufacturing, provided the following is met:
■ Manufacturing is in buildings and structures constructed prior to August 24, 2022, retail sales of the products manufactured is provided on-site, and the manufacturing does not exceed 50 percent of total floor area per development site or 10,000 square feet, whichever is more; or,
■ Manufacturing is in buildings and structures constructed after August 24, 2022, retail sales of the products manufactured is provided on-site, and manufacturing does not exceed 5,000 square feet of total floor area per development site.
N All other general manufacturing.
Heavy manufacturing N
Printing P
Transportation Facilities
Aviation facilities N
Passenger ground transportation facilities P
Marine facilities C
Utilities
Basic utilities N Reservoirs; water storage facilities; electric substation.
P All other basic utilities.
Wireless communication facilities Allowed Wireless communication facilities are allowed, subject to SRC chapter 703.
Drinking water treatment facilities N
Power generation facilities N
Data center facilities N
Fuel dealers N
Waste-related facilities N
Mining and natural resource extraction N
Petroleum and natural gas N
Surface mining N
Farming, Forestry, and Animal Services
Agriculture N
Forestry N
Agriculture and forestry services N
Keeping of livestock and other animals N
Animal services P
Other Uses
Temporary uses P The following temporary uses:
■ Construction modular, subject to SRC 701.016.
■ Emergency shelter, subject to SRC 701.025.
■ Managed temporary village, subject to SRC 701.030.
■ Safe parking shelter, subject to SRC 701.041.
Home occupations S Home occupations, subject to SRC 700.020.
Accessory dwelling units S Accessory dwelling units, subject to SRC 700.007.

 

(b)

Prohibited uses. Notwithstanding Table 536-1, any permitted, special, or conditional use within the MU-R zone shall be a prohibited use if developed with a drive-through.

(c)

Continued uses. Existing uses within the MU-R zone established prior to August 24, 2022, but which would otherwise be made non-conforming by this chapter, are hereby deemed continued uses.

(1)

Buildings or structures housing a continued use may be structurally altered, enlarged, or rebuilt following damage or destruction, provided such alteration, enlargement, or rebuilding complies with the standards set forth in SRC 526.015(f).

(2)

Cease of occupancy of a building or structure for a continued use shall not preclude future use of the building or structure for that use; provided, however, conversion of the building or structure to a conforming use shall thereafter prevent conversion back to the former continued use or any other continued use.

(Ord. No. 11-22, § 1(Exh. A), 7-25-2022, eff. 8-24-2022; Ord. No. 7-23, § 1(Exh. A), 11-27-2023)

Sec. 536.015. - Development standards.

Development within the MU-R zone must comply with the development standards set forth in this section.

(a)

Lot standards. Lots within the MU-R zone shall conform to the standards set forth in Table 536-2.

TABLE 536-2
LOT STANDARDS

Table 536-2: Lot Standards
RequirementStandardLimitations and Qualifications
Lot Area
All uses None
Lot width
All uses None
Lot depth
All uses None
Street frontage
All uses 16 ft.

 

(b)

Dwelling unit density. Development within the MU-R zone that is exclusively residential or single-room occupancy shall have a minimum density of 15 dwelling units per acre.

(c)

Setbacks. Setbacks within the MU-R zone shall conform to the standards set forth in Tables 536-3 and 536-4.

TABLE 536-3
SETBACKS

Table 536-3: Setbacks
RequirementStandardLimitations and Qualifications
Abutting Street
Buildings
All uses 0 ft. or Max. 10 ft. (1) Maximum 10-foot setback applies if the setback area is used for pedestrian amenities.
  a) The maximum setback does not apply to a new building if another building exists between a minimum of 50 percent of the street-facing façade of the new building and the street.
  b) For double frontage lots, the setback abutting a street shall only apply to the street with the highest street classification or, where both streets have the same classification, the street designated by the applicant. No minimum or maximum setback is required abutting the other street.
  c) For lots contiguous to the river and located between the river and a street, the maximum setback shall only apply along a minimum of 50 percent of the length of the lot line abutting a street.
Accessory Structures
All uses Min. 10 ft.
Vehicle Use Areas
All uses Per SRC chapter 806 The use of a berm under SRC 806.035(c)(2)(B) is prohibited.
Interior Front
Buildings
All uses None
Accessory Structures
All uses None
Vehicle Use Areas
All uses Per SRC chapter 806
Interior Side
Buildings
All uses Zone-to-zone setback
(Table 536-4)
Accessory Structures
All uses Zone-to-zone setback
(Table 536-4)
Vehicle Use Areas
All uses Zone-to-zone setback
(Table 536-4)
Interior Rear
Buildings
All uses Zone-to-zone setback
(Table 536-4)
Accessory Structures
All uses Zone-to-zone setback
(Table 536-4)
Vehicle Use Areas
All uses Zone-to-zone setback
(Table 536-4)

 

TABLE 536-4
ZONE-TO-ZONE SETBACKS

Table 536-4: Zone-to-Zone Setbacks
Abutting ZoneType of ImprovementSetbackLandscaping & Screening
EFU Buildings and accessory structures None N/A
Vehicle use areas Min. 5 ft. (1) Type A
Residential zone Buildings and accessory structures Min. 15 ft. Type C
Vehicle use areas Min. 5 ft. Type C
Mixed-use zone Buildings and accessory structures None N/A
Vehicle use areas Min. 5 ft. (1) Type A
Commercial zone Buildings and accessory structures None N/A
Vehicle use areas Min. 5 ft. (1) Type A
Public zone Buildings and accessory structures None N/A
Vehicle use areas Min. 5 ft. (1) Type A
Industrial and employment zone Buildings and accessory structures None N/A
Vehicle use areas Min. 5 ft. (1) Type A
Limitations & Qualifications
(1) Zone-to-zone setbacks are not required abutting an alley.

 

(d)

Lot coverage; height; building frontage. Buildings and accessory structures within the MU-R zone shall conform to the lot coverage, height, and building frontage standards set forth in Table 536-5.

TABLE 536-5
LOT COVERAGE; HEIGHT; BUILDING FRONTAGE

Table 536-5: Lot Coverage; Height; Building Frontage
RequirementStandardLimitations and Qualifications
Lot Coverage
Buildings and Accessory Structures
All uses No Max.
Rear Yard Coverage
Buildings
All uses NA
Accessory Structures
All uses No Max.
Height
Buildings
All uses Max. 70 ft.
Min. 20 ft. New buildings or additions shall satisfy the minimum height requirements through one of the following options:
a) Roof. Provide a roof that is 20 feet in height.
b) Prominent entry. Provide an attached entry that is 20 feet in height, extends for a minimum of 25 percent of the length of the front facade, and extends to the front lot line.
c) Cupola. Provide a 20-foot tall portion of the building for a minimum of 25 percent of the length of the front facade. It shall include the front facade wall and extend a minimum of 10 feet behind the front wall.
d) False front. Provide a front facade wall that is 20 feet in height along the entire length of the building.
e) Reverse shed. Provide a front facade wall that is 20 feet in height along the entire length of the building, and slope the roof down toward the rear of the building.
FIGURE 536-1
EXAMPLE OF OPTIONS TO MEET MINIMUM HEIGHT REQUIREMENT
Accessory Structures
All uses Max. 70 ft.
Building Frontage
Buildings
All uses Min. 50% (1) For corner lots, this standard must be met on the frontage of the street with the highest street classification. For the intersecting street, the building frontage standard is a minimum of 40%.
(2) For corner lots where both streets have the same classification, the applicant may choose on which street to meet the minimum 50% building frontage standard and on which street to meet the minimum 40% building frontage standard.
(3) For double frontage lots, this standard must only be met on the street with the highest classification. Where both streets have the same classification, the applicant may choose on which street the building frontage standard shall apply.
Accessory Structures
All uses Not applicable Accessory structures shall be located behind or beside buildings.

 

(e)

Landscaping.

(1)

Setback areas. Setbacks, except setback areas abutting a street that provide pedestrian amenities, shall be landscaped. Landscaping shall conform to the standards set forth in SRC chapter 807.

(2)

Vehicle use areas. Vehicle use areas shall be landscaped as provided under SRC chapter 806 and SRC chapter 807.

(f)

Continued development. Buildings and structures existing on August 24, 2022, that would be made non-conforming development by this chapter are hereby deemed continued development. The owner shall have the burden to demonstrate continued development status under this subsection.

(1)

Single family uses.

(A)

Buildings. Continued development housing a continued single family use may be structurally altered or enlarged, or rebuilt following damage or destruction, provided such alteration, enlargement, or rebuilding conforms to development standards of the Single Family Residential (RS) zone set forth in SRC chapter 511 and to all other applicable provisions of the UDC, except for lot size and dimension standards in SRC chapter 511.

(B)

Accessory structures. Existing accessory structures on the same property as a continued single family use may be structurally altered or enlarged, or rebuilt following damage or destruction, and new accessory structures to a continued use may be constructed, provided such alteration, enlargement, rebuilding, or new accessory structure construction conforms to the development standards of the Single Family Residential (RS) zone set forth in SRC chapter 511, except the lot size and dimensions standards, and to all other applicable provisions of the UDC.

(C)

Option to rebuild in same location. Notwithstanding SRC 536.015(f)(1)(A) and (B), any continued development housing a continued single family use or associated accessory structure rebuilt following damage or destruction may either be located on the same location on the lot as the original building or structure, or in compliance with the setbacks of the Single Family Residential (RS) zone set forth in SRC 511.010(b).

(2)

All other uses. Continued development, housing a use other than a continued single family use, may be structurally altered, enlarged, or rebuilt following damage or destruction, provided such alteration, enlargement, or rebuilding conforms to the following standards:

(A)

Minor alterations. Exterior alterations to buildings that alter less than 20 percent of an existing building facade area facing a primary street are exempt from all of the development standards in this chapter. Such alterations shall not increase the building facade's nonconformity to the pedestrian-oriented design standards in Table 536-6.

(B)

Minor additions. Additions to buildings that enlarge or alter an existing building facade area facing a primary street by less than 20 percent are exempt from all of the development standards in this chapter except for interior setbacks, parking, landscaping, and maximum height standards. Such additions shall not increase the building facade's nonconformity to the pedestrian-oriented design standards in Table 536-6.

(C)

Major alterations. Exterior alterations to buildings that alter between 20 percent and 60 percent of an existing building facade area facing a primary street shall decrease that building facade's nonconformity to all pedestrian-oriented design standards in Table 536-6 that are applicable to that alteration. Such alterations are exempt from all other development standards in this chapter.

(D)

Major additions. Additions to buildings that enlarge or alter an existing building facade area facing a primary street by between 20 percent and 60 percent shall:

(i)

Comply with a minimum of three of the pedestrian-oriented design standards in Table 536-6; or

(ii)

Comply with a minimum of one of the pedestrian-oriented design standards in Table 536-6 and add perimeter landscaping in vehicle use areas if such landscaping is not already required under SRC 536.015(d).

For the purposes of SRC 536.015(f)(2)(D)(i) and (ii), the pedestrian-oriented design standards in Table 536-6 shall apply to the addition. Major additions must meet all other development standards in this chapter except for building frontage, maximum setback abutting a street, and minimum height.

(E)

Substantial alterations. Exterior alterations to buildings that alter more than 60 percent of an existing building facade area facing a primary street shall meet all applicable pedestrian-oriented design standards in Table 536-6. Such alterations are exempt from all other development standards in this chapter.

(F)

Substantial additions or redevelopment. Additions to buildings that enlarge or alter an existing building facade area facing a primary street by more than 60 percent shall meet all applicable development standards in this chapter. Continued development that is rebuilt following damage or destruction shall meet all development standards in this chapter.

(G)

Accessory structure. Alterations to and additions to accessory structures shall meet all applicable development standards in this chapter.

(g)

Pedestrian-oriented design. Development within the MU-R zone, excluding development requiring historic design review, shall conform to the pedestrian-oriented design standards set forth in Table 536-6. Any development requiring historic design review shall only be subject to design review according to the historic design review standards or the historic design review guidelines set forth in SRC chapter 230.

TABLE 536-6
PEDESTRIAN-ORIENTED DESIGN

Table 536-6: Pedestrian-Oriented Design
RequirementStandardLimitations and Qualifications
Ground Floor Height
This standard applies to building ground floors on primary streets. Min. 10 ft. For the purposes of this standard, ground floor height is measured from the floor to the ceiling of the first floor.
FIGURE 536-2
GROUND FLOOR HEIGHT
Public Pedestrian Access
This standard applies between the Willamette River and Front Street. Public pedestrian access shall be provided at least every 400 feet (1) For the purposes of this standard, public pedestrian access shall be in the form of a sidewalk, street, or alley that is a minimum of 12 feet wide and that meets at least three of the following standards:
(a) Incorporate visual contrast or tactile finish texture.
(b) Be constructed with pavers, scored or colored concrete, and/or stamped asphalt.
(c) Be elevated above parking areas and driveways by a height of 3 to 3.5 inches.
(d) Be defined with landscaping or building features such as canopies, awnings, or arcades.
(e) Provide active use frontages and/or entrances with overlooking windows, stoops, or terraces.
(f) Provide pedestrian-level lighting.
FIGURE 536-3
PEDESTRIAN CONNECTIONS
Building Facade Articulation
This standard applies to building facades facing primary streets. Required (1) For buildings on corner lots, where the primary street intersects with a secondary street, these standards shall apply to the full length of the front facade and the portion of the side facade that extends a minimum of 50 feet from the corner where the primary street meets the secondary street, or to the edge of the building or the lot, whichever is shorter.
(2) Buildings shall incorporate vertical and horizontal articulation and shall divide vertical mass into a base, middle, and top.
a) Base: Ground floor facades shall be distinguished from middle facades by at least one of the following standards:
1. Change in materials.
2. Change in color.
3. Molding or other horizontally-articulated transition piece.
b) Middle: Middle facades shall provide visual interest by incorporating at a minimum of every 50 feet at least one of the following standards:
1. Recesses of a minimum depth of two feet.
2. Extensions of a minimum depth of two feet.
3. Vertically-oriented windows.
4. Pilasters that project away from the building.
c) Top: Building tops shall be defined by at least one of the following standards:
1. Cornice that is a minimum of eight inches tall and a minimum of three inches beyond the face of the facade.
2. Change in material from the upper floors, with that material being a minimum of eight inches tall.
3. Offsets or breaks in roof elevation that are a minimum of three feet in height.
4. A roof overhang that is a minimum of eight inches beyond the face of the facade.
(3) The repainting of a facade of an existing building is exempt from this standard.
FIGURE 536-4
ARTICULATION
Ground Floor Windows
This standard applies to building ground floors on primary streets and building ground floors along the riverfront. Min. 65% (1) For the purposes of this standard, ground floor building facades shall include the minimum percentage of transparent windows. The windows shall not be mirrored or treated in such a way as to block visibility into the building. The windows shall have a minimum visible transmittance (VT) of 37 percent.
(2) For buildings on corner sites, where the primary street intersects with a secondary street, this standard shall apply to the full length of the front facade and the portion of the side facade that extends a minimum of 50 feet from the corner where the primary street meets the secondary street, or to the edge of the building or the lot, whichever is shorter.
FIGURE 536-5
GROUND FLOOR WINDOWS
Building Entrances
This standard applies to building ground floors on primary streets and building ground floors along the riverfront. Required (1) For non-residential uses on the ground floor, a primary building entrance for each tenant space facing a primary street shall be located on the primary street. If a building has frontage on a primary street and any other street, a single primary building entrance for a non-residential tenant space at the corner of the building where the streets intersect may be provided at that corner.
(2) For residential uses on the ground floor, a primary building entrance for each building facade facing a primary street shall be located on the primary street. If a building has frontage on a primary street and any other street, a single primary building entrance for a residential use on the ground floor may be provided at the corner of the building where the streets intersect.
(3) For all uses on the ground floor of a building along the riverfront, at least one primary building entrance shall face the Willamette River.
(4) Building entrances shall include weather protection.
FIGURE 536-6
ENTRANCE AT BUILDING CORNER
Weather Protection
This standard applies to building ground floors adjacent to a street and along the riverfront. Residential uses Min. 50%
Non-residential uses Min. 75%
(1) For the purposes of this standard, weather protection in the form of awnings or canopies shall be provided along the ground floor building facade for the minimum length required.
(2) Awnings or canopies shall have a minimum depth of 6 feet, shall have a minimum clearance height above the sidewalk or ground surface of 8 feet, and may encroach into the street right-of-way as provided in SRC 76.160.
FIGURE 536-7
WEATHER PROTECTION
Parking Location
This standard applies to off-street parking areas and vehicle maneuvering areas. Required (1) Off-street surface parking areas and vehicle maneuvering areas shall be located behind or beside buildings and structures. Off-street surface parking areas and vehicle maneuvering areas shall not be located between a building or structure and a street.
a) When a building is located on property contigious to the river and is located between the river and a street, off-street surface parking areas and vehicle maneuvering areas may be located between a building and the street along a maximum of 50 percent of the length of the lot line abutting a street, provided a three-foot tall, decorative, sight-obscuring wall is provided between those areas and the street.
FIGURE 536-8
OFF-STREET PARKING
Mechanical and Service Equipment
This standard applies to mechanical and service equipment. Required (1) Ground level mechanical and service equipment shall be screened with landscaping or a site-obscuring fence or wall. Ground level mechanical and service equipment shall be located behind or beside buildings.
(2) Rooftop mechanical equipment, with the exception of solar panels and wind generators, shall be set back or screened so as to not be visible to a person standing at ground level 60 feet from the building.
FIGURE 536-9
GROUND-LEVEL MECHANICAL EQUIPMENT
FIGURE 536-10
ROOFTOP MECHANICAL EQUIPMENT

 

(Ord. No. 11-22, § 1(Exh. A), 7-25-2022, eff. 8-24-2022; Ord. No. 22-22, § 1(Exh. A), 11-28-2022; Ord. No. 7-23, § 1(Exh. A), 11-27-2023; Ord. No. 8-24, § 1(Exh. A), 9-23-2024)

Sec. 536.020. - Design review.

Design review under SRC chapter 225 is not required for development within the MU-R zone. Multifamily development within the MU-R zone is not subject to design review according to the multiple family design review standards set forth in SRC chapter 702.

(Ord. No. 11-22, § 1(Exh. A), 7-25-2022, eff. 8-24-2022)

Sec. 536.025. - Other provisions.

In addition to the standards set forth in the chapter, development within the MU-R zone must comply with all other applicable development standards of the UDC, including, but not limited to, the following chapters:

(a)

Floodplain Overlay Zone SRC chapter 601.

(b)

General Development Standards SRC chapter 800.

(c)

Public Improvements SRC chapter 802.

(d)

Streets and Right-of-Way Improvements SRC chapter 803.

(e)

Driveway Approaches SRC chapter 804.

(f)

Vision Clearance SRC chapter 805.

(g)

Off-Street Parking, Loading, and Driveways SRC chapter 806.

(h)

Landscaping and Screening SRC chapter 807.

(i)

Preservation of Trees and Vegetation SRC chapter 808.

(j)

Wetlands SRC chapter 809.

(k)

Landslide Hazards SRC chapter 810.

(l)

Sign Code SRC chapter 900.

(Ord. No. 11-22, § 1(Exh. A), 7-25-2022, eff. 8-24-2022)