The purpose of the Edgewater/Second Street Mixed-Use Corridor (ESMU) zone is to implement the mixed-use comprehensive plan map designation, identify allowed uses, and establish development standards that promote pedestrian-oriented mixed-use development in keeping with a "main street" character along Edgewater Street, Second Street, and Patterson Street NW.

(Ord. No. 3-18, § 4, 5-14-2018, eff. 6-13-2018; Ord. No. 11-22, § 1(Exh. A), 7-25-2022, eff. 8-24-2022)

Editor's note— See editor's note to Ch. 537.

(a)

Except as otherwise provided in this section, the permitted (P), special (S), conditional (C), and prohibited (N) uses in the ESMU zone are set forth in Table 537-1.

TABLE 537-1
USES

(b)

Prohibited uses. Notwithstanding Table 537-1, any permitted, special, or conditional use within the ESMU zone shall be a prohibited use if developed with a drive-through.

(c)

Continued uses. Land uses existing within the ESMU zone prior to June 13, 2018, 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:

(A)

Such alteration, enlargement, or rebuilding of a conforming development complies with the standards in this chapter; or

(B)

Such alteration, enlargement, or rebuilding of a continued development complies with the standards set forth in SRC 537.010(a).

(2)

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.

(3)

A determination by the Building Official that the building or structure housing a continued use is derelict or dangerous, as defined in SRC 50.600 and 56.230, shall terminate the continued use status conferred by this subsection and the property may thereafter only be used for uses allowed in the ESMU zone.

(Ord. No. 3-18, § 4, 5-14-2018, eff. 6-13-2018; Ord. No. 1-20, § 2(Exh. B), 2-24-2020; Ord. No. 13-21, § 1(Exh. A), 2-14-2022; 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)

Editor's note— See editor's note to Ch. 537.

Development within the ESMU zone must comply with the development standards set forth in this section.

(a)

Continued development. Buildings and structures existing within the ESMU zone on June 13, 2018, but which would otherwise be made non-conforming development by this chapter, are hereby deemed continued development.

(1)

Single family uses.

(A)

Buildings. Continued development housing a 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 single family use may be structurally altered or enlarged, or rebuilt following damage or destruction, and new accessory structures 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.

(C)

Option to rebuild in same location. Notwithstanding SRC 537.010(a)(1)(A) and (B), any continued development housing a 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 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 an existing building façade area facing a public street right-of-way by less than 20 percent are exempt from all of the development standards in this chapter. Such alterations and shall not increase the building façade's nonconformity to the design standards of SRC537.010(k).

(B)

Minor additions. Additions to buildings that expand or alter an existing building façade area facing a public street right-of-way by less than 20 percent are exempt from all of the development standards in this chapter except for street frontage, interior setbacks, parking for existing buildings, number of spaces required, landscaping, and maximum height standards. Such additions shall not increase the building façade's nonconformity to the design standards of SRC 537.010(k).

(C)

Major alterations. Exterior alterations to buildings that alter an existing building façade area facing a public street right-of-way by between 20 percent and 60 percent shall decrease that building façade's nonconformity to all design standards of SRC537.010(k). Such alterations are exempt from all other development standards in this chapter.

(D)

Major additions. Additions to buildings that enlarge an existing building façade area facing a public street right-of-way by between 20 percent and 60 percent shall comply with all applicable design standards of SRC537.010(k), including the alternative standards for existing buildings if applicable, and all applicable development standards in this chapter except for setback abutting a street, building frontage, and the location of parking standards.

(E)

Substantial alterations. Exterior alterations to buildings that alter an existing building façade area facing a public street right-of-way by more than 60 percent shall meet all applicable design standards of 537.010(k). Such alterations are exempt from all other development standards in this chapter.

(F)

Substantial additions or redevelopment. Additions to buildings that enlarge an existing building façade area facing a public street right-of-way 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 applicable development standards in this chapter.

(b)

Grade separated street frontage. Portions of property street frontage that are separated from the grade of the street with a road ramp above the grade of the property line abutting the street are exempt from setbacks abutting a street, building frontage standards, off-street parking location standards, and design standards for building location, orientation, and design.

(c)

Lot standards. Lots within the ESMU zone shall conform to the standards set forth in Table 537-2.

TABLE 537-2
LOT STANDARDS

(d)

Setbacks. Setbacks within the ESMU zone shall be provided as set forth in Table 537-3.

TABLE 537-3
SETBACKS

TABLE 537-4
ZONE-TO-ZONE SETBACKS

(e)

Lot coverage; height. Buildings and accessory structures within the ESMU zone shall conform to the lot coverage, height, and building frontage standards set forth in Table 537-5.

TABLE 537-5
LOT COVERAGE; HEIGHT

(f)

Landscaping. Landscaping within the ESMU zone shall be provided as set forth in this subsection.

(1)

Setbacks. Required setbacks 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.

(3)

Development site. A minimum of 15 percent of the development site shall be landscaped. Landscaping shall meet the Type A standard set forth in SRC chapter 807. Other required landscaping under the UDC, such as landscaping required for setbacks or vehicle use areas, may count towards meeting this requirement.

(g)

Project enhancements. All development, other than development of single family and two family uses, shall include four or more of the following project enhancements:

(1)

Closure of one driveway approach on Edgewater Street;

(2)

Cast iron or wrought iron fencing adjacent to Edgewater Street, Second Street, or Patterson Street;

(3)

Pedestrian connections that are:

(A)

Constructed with pavers, scored or colored cement, and/or stamped asphalt;

(B)

Elevated above the parking area and driveway; or

(C)

Defined with landscaping or building features such as canopies, awnings, or arcades;

(4)

Replacement of existing surface parking areas with new development of buildings or structures;

(5)

Provision of one or more of the following pedestrian-oriented design features on property adjacent to Edgewater Street, Second Street, or Patterson Street:

(A)

Pedestrian scale lighting not more than 16 feet in height; or

(B)

Plazas or other outdoor spaces open to the public;

(6)

A minimum of seven percent interior landscaping within parking areas not more than 50,000 square feet in size; or a minimum of ten percent interior landscaping within parking areas greater than 50,000 square feet in size;

(7)

Installation of landscaping and irrigation using a plan designed by an Oregon landscape architect;

(8)

Development of a mixed-use building;

(9)

Construction of a building where at least 75 percent of the building frontage is constructed contiguous to the minimum building setback line;

(10)

Provision of underground, structured, or tuck-under parking. For purposes of this paragraph, "tuck-under parking" means parking placed at grade with a building constructed above it;

(11)

Construction of one or more buildings at least two stories in height;

(12)

Construction of planter bays, each a minimum of 50 square feet in size, to meet minimum interior parking area landscaping requirements;

(13)

Construction of planter bays below the surface grade of parking areas to accommodate surface water runoff; or

(14)

Use of native plant materials to meet minimum landscaping requirements.

(h)

Dwelling unit density. Dwelling unit density within the ESMU zone shall conform to the standards set forth in Table 537-6.

(i)

Off-street parking.

(1)

Locations of parking. 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.

(j)

Screening. Concertina or barbed wire fencing shall not be located within 60 feet of the street right-of-way, unless such fencing is obstructed by a building or structure.

(k)

Design. Development within the ESMU zone shall conform to the design standards set forth in this subsection; provided, however, 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. The design standards included in this subsection are not design review standards and are therefore not subject to design review under SRC Chapter 225.

(1)

Building orientation and design.

(A)

Primary building entrances shall be provided for each building façade facing a street as follows:

(i)

For non-residential uses on the ground floor, a primary building entrance shall be provided for each non-residential ground floor tenant space facing a street. If a non-residential ground floor tenant space within a building has frontage on more than one street, a single primary building entrance for the non-residential ground floor tenant space may be provided at the corner of the building where the streets intersect.

(ii)

For residential uses on the ground floor, a primary building entrance shall be provided for each building facade facing a street. If a building has frontage on more than one street, a single primary building entrance may be provided at the corner of the building where the streets intersect.

(iii)

Alternative standard for existing buildings. Notwithstanding subsection (k)(1)(A)(i) and (ii) of this section, where a building existing on June 13, 2018, has a primary building entrance facing a street, such entrance may be relocated but not eliminated. The relocated entrance must face a street.

(B)

Ground floor building facades facing Edgewater Street, Second Street, or Patterson Street shall include transparent windows on a minimum of 65 percent of the ground floor facade. 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.

(i)

Alternative standard for existing buildings. Notwithstanding subsection (k)(1)(B) of this section, where a building existing on June 13, 2018, does not include transparent windows on a minimum of 65 percent of the ground floor facade facing Edgewater Street, Second Street, or Patterson Street, the percentage of transparent windows existing on the ground floor facade shall not be reduced. Additional windows meeting the transparency requirements of subsection (k)(1)(B) may be added without meeting the minimum ground floor facade window percentage of 65 percent.

(C)

Building offsets shall be provided for building frontages greater than 75 feet in width. Building frontages two or more stories in height may be constructed without required building offsets on the first floor, but all additional floors shall incorporate building offsets. Building offsets shall be a minimum four feet in depth and shall be provided at intervals of not more than 40 feet along the building frontage. Building offsets may extend into required setbacks.

(D)

Weather protection, in the form of awnings or canopies, shall be provided along a minimum of 90 percent of the length of the ground floor building façade adjacent to sidewalks or pedestrian connections. Awnings or canopies shall have a minimum depth of six feet, shall have a minimum clearance height above the sidewalk of eight feet, and may encroach into the street right-of-way as provided in SRC 76.160.

(i)

Alternative standard for existing buildings. Notwithstanding subsection (k)(1)(D) of this section, where a building existing on June 13, 2018, does not include weather protection, in the form of awnings or canopies, along a minimum of 90 percent of the length of the ground floor facade adjacent to sidewalks or pedestrian connections, the percentage of weather protection along the ground floor facade shall not be reduced. Additional weather protection meeting the minimum depth and sidewalk clearance requirements in subsection (k)(1)(D) of this section may be added without meeting the minimum weather protection standard of 90 percent.

(2)

Landscaping for open sales areas.

(A)

Open sales areas for construction, communication, or recreational equipment, vehicles, boats, recreational vehicles, and building materials shall be screened from Edgewater Street, Second Street, and Patterson Street with a minimum three-foot tall sight-obscuring fence, masonry wall, or hedge, and a minimum six-foot wide landscape strip. The fence, masonry wall, or hedge shall not encroach into the vision clearance area.

(3)

Design and location of off-street parking.

(A)

Parking structures located adjacent to Edgewater Street shall include space for ground floor commercial uses along their entire Edgewater Street frontage.

(B)

Where access to parking is available from a local street or alley, no new driveway approaches onto Edgewater Street shall be provided.

(Ord. No. 3-18, § 4, 5-14-2018, eff. 6-13-2018; Ord. No. 1-20, § 2(Exh. B), 2-24-2020; Ord. No. 11-22, § 1(Exh. A), 7-25-2022, eff. 8-24-2022; Ord. No. 4-23, § 1(Exh. A), 4-24-2023; Ord. No. 7-23, § 1(Exh. A), 11-27-2023; Ord. No. 8-24, § 1(Exh. A), 9-23-2024)

Editor's note— See editor's note to Ch. 537.

Editor's note— Ord. No. 8-24, § 1(Exh. A), adopted Sept. 23, 2024, repealed § 537.015, which pertained to design review and derived from Ord. No. 3-18, § 4, adopted May 14, 2018, eff. 6-13-2018; Ord. No. 6-19, § 1(Exh. A), adopted June 24, 2019, eff. 7-24-2019; Ord. No. 1-20, § 2(Exh. B), adopted Feb. 24, 2020; Ord. No. 11-22, § 1(Exh. A), adopted July 25, 2022, eff. 8-24-2022.

Editor's note— Ord. No. 8-24, § 1(Exh. A), 9-23-2024, repealed § 537.020, which pertained to design review guidelines and design review standards, and combined it with 537.010. This section derived from Ord. No. 3-18, § 4, adopted May 14, 2018, eff. 6-13-2018 ; Ord. No. 11-22, § 1(Exh. A), adopted July 25, 2022, eff. 8-24-2022

In addition to the standards set forth in the chapter, development within the ESMU 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. 3-18, § 4, 5-14-2018, eff. 6-13-2018; Ord. No. 11-22, § 1(Exh. A), 7-25-2022, eff. 8-24-2022

Editor's note— See editor's note to Ch. 537.