The purpose of the Portland/Fairgrounds Overlay Zone is to promote a variety of uses along the Portland Road/Fairgrounds Road corridor, including commercial, office, and industrial uses, in a manner consistent with the area's role as the northern gateway into Salem.

(Prior Code, § 603.001; Ord. No. 31-13)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Mixed-use development means a combination of uses in two or more of the following use categories within a single building, or within separate buildings on the same lot or contiguous lots:

(a)

Household living;

(b)

Lodging;

(c)

Retail sales and service;

(d)

Business and professional services;

(e)

Health services; or

(f)

Civic services.

(Prior Code, § 603.005; Ord. No. 31-13)

The boundaries of the Portland/Fairgrounds Road Overlay Zone are shown in Figure 603-3.

(Prior Code, § 603.010; Ord. No. 31-13)

Except as otherwise provided in this section, any use that is a permitted, special, conditional, or prohibited use in the underlying zone is a permitted, special, conditional, or prohibited use in the Portland/Fairgrounds Road Overlay Zone.

(a)

Continued uses. Uses existing within the Portland/Fairgrounds Road Overlay Zone that were allowed as permitted, special, or conditional uses on October 1, 2001, but which would otherwise be made nonconforming uses by this chapter, are hereby deemed continued uses. The owner shall have the burden to demonstrate continued use status under this subsection.

(1)

A continued use may be intensified, and buildings or structures housing a continued use may be enlarged, rebuilt, or the exterior altered, provided such intensification, enlargement, rebuilding, or exterior alteration complies with all applicable standards in the underlying zone.

(2)

A continued use may be extended onto any contiguous vacant land under the same ownership if such land was held under the same ownership on October 1, 2001, and has been maintained under the same ownership continuously thereafter. The extension of a continued use onto contiguous vacant land under the same ownership must comply with all applicable standards in the underlying zone.

(3)

A continued use may be changed to any use that is allowed in the Portland/Fairgrounds Road Overlay Zone. Such change of use shall terminate the continued use status conferred by this subsection and the property must thereafter only be used for uses allowed in the Portland/Fairgrounds Road Overlay Zone.

(4)

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 Portland/Fairgrounds Road Overlay Zone.

(b)

Additional conditional uses.

(1)

The uses set forth in Table 603-1, when allowed in the underlying zone, shall be additional conditional (C) uses in the Portland/Fairgrounds Road Overlay zone.

(2)

In addition to the uses set forth in Table 603-1, any permitted, special, or conditional use within the Portland/Fairgrounds Road Overlay Zone shall be a conditional use within the overlay zone if developed with any of the following:

(A)

Drive-through; or

(B)

Outside storage and parking for professional and commercial equipment.

(Prior Code, § 603.015; Ord. No. 31-13)

Development with the Portland/Fairgrounds Road Overlay Zone must comply with the development standards applicable in the underlying zone and the development standards set forth in this section. The development standards in this section are in addition to, and not in lieu of, all other applicable development standards in the underlying zone. Where the development standards in this section conflict with the development standards applicable in the underlying zone, the development standards in this section shall be the applicable development standard.

(a)

Continued development. Building and structures existing within the Portland/Fairgrounds Road Overlay Zone that conformed to the development standards existing on October 1, 2001, but which would otherwise be made nonconforming development by this chapter, are hereby deemed continued development. The owner shall have the burden to demonstrate continued development status under this subsection.

(1)

Continued development may be enlarged, rebuilt, or the exterior altered, provided such enlargement, rebuilding, or exterior alteration complies with all applicable standards in the underlying zone.

(2)

Continued development may be extended onto any contiguous vacant land under the same ownership if such land was held under the same ownership on October 1, 2001, and has been maintained under the same ownership continuously thereafter. The extension of continued development onto contiguous vacant land under the same ownership must comply with all applicable standards in the underlying zone.

(3)

A determination by the Building Official that a continued development is derelict or dangerous, as defined in SRC 50.600 and 56.230, shall terminate the continued development status conferred by this subsection and the building or structure shall thereafter be deemed a nonconforming development.

(b)

Lot standards. Lots for townhouses within the Portland/Fairgrounds Road Overlay Zone shall conform to the standards set forth in Table 603-2.

(c)

Dwelling unit density. Dwelling unit density within the Portland/Fairgrounds Overlay Zone shall conform to the standards set forth in Table 603-3.

(d)

Setbacks. Setbacks within the Portland/Fairgrounds Road Overlay Zone shall be provided as set forth in Table 603-4.

(e)

Landscaping. Berms, mounds, raised beds, and grade drops shall not be allowed as a landscaping treatment, unless a bioswale treatment system or approved landscaping exists to adequately collect water runoff and the berms, mounds, raised beds, and grade drops do not exceed a 3:1 slope.

(f)

Off-street parking and loading areas.

(1)

Planter bays or islands shall have a minimum planting area of 50 square feet.

(2)

A minimum of one tree per eight parking spaces is required, of which a maximum of 25 percent may be evergreen trees. Trees shall be planted within 20 feet of the parking lot perimeter. Trees within the public street right-of-way shall not count toward the tree planting requirements.

(3)

Off-street parking may be provided no more than 800 feet from the edge of the lot, or contiguous lots, upon which the main building is located.

(4)

Employee off-street parking may be provided no more than 2,000 feet from the edge of the lot, or contiguous lots, upon which the main building is located.

(5)

Parking lot light structures shall not exceed 25 feet in height.

(g)

Screening.

(1)

Trash receptacles shall be screened from adjacent household living uses and streets by a sight-obscuring fence, wall, or hedge.

(2)

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.

(3)

Concertina or barbed wire fencing shall be screened from public view and adjacent property by sight-obscuring landscaping.

(h)

Outdoor storage.

(1)

Outdoor storage areas shall not be located within required setbacks.

(2)

Outdoor storage areas shall be enclosed by a minimum six-foot-high sight-obscuring fence, wall, hedge, or berm; provided, however, items more than six feet in height above grade shall be screened by sight-obscuring landscaping.

(3)

Items stored within outdoor storage areas shall not exceed a maximum height of 14 feet above grade.

(i)

Project enhancements. Development within the Portland/Fairgrounds Road Overlay Zone shall include four or more of the following project enhancements:

(1)

Closure of one driveway approach on Portland/Fairgrounds Road;

(2)

Freestanding sign not more than five feet in height and placed upon a foundation;

(3)

Weather protection, in the form of awnings or canopies, along more than 50 percent of the length of the ground floor building facade adjacent to sidewalks or pedestrian connections;

(4)

Cast iron or wrought iron fencing adjacent to Portland/Fairgrounds Road;

(5)

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;

(6)

Development on surface parking lots existing on October 1, 2001;

(7)

Provision of one or more of the following pedestrian-oriented design features on private property adjacent to Portland/Fairgrounds Road:

(A)

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

(B)

Plazas or other outdoor spaces open to the public;

(8)

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;

(9)

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

(10)

Development of a mixed-use building; or

(11)

Construction of a building where at least 50 percent of the building frontage is constructed contiguous to the minimum building setback line.

(j)

Design. Development within the Portland/Fairgrounds Road Overlay 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 location.

(A)

Building setbacks abutting street. Buildings shall have the following setbacks abutting a street:

(i)

Minimum: zero feet.

(ii)

Maximum: 60 feet.

(B)

Accessory structures shall be located no closer to the street than the primary building.

(2)

Building orientation and design.

(A)

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 (see Figure 603-1).

(i)

Alternative standard for existing buildings. Notwithstanding subsection (j)(2)(A) of this section, where a building existing on October 1, 2001, 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 Portland/Fairgrounds Road 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 (j)(2)(B) of this section, where a building existing on October 1, 2001, does not include transparent windows on a minimum of 65 percent of the ground floor facade facing Portland/Fairgrounds Road, the percentage of transparent windows existing on the ground floor facade shall not be reduced. Additional windows meeting the transparency requirements of subsection (j)(2)(B) of this section 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 50 percent of the length of the ground floor building facade 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 (j)(2)(D) of this section, where a building existing on October 1, 2001, does not include weather protection, in the form of awnings or canopies, along a minimum of 50 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 (j)(2)(D) of this section may be added without meeting the minimum weather protection standard of 50 percent.

FIGURE 603-1. BUILDING CORNER ENTRY

(3)

Landscaping.

(A)

Landscaping for open sales and off-street parking.

(i)

Open sales areas for items such as vehicles, boats, recreational vehicles, satellites, hot tubs, and other similar items shall be screened from the public right-of-way with a minimum three-foot tall sight-obscuring fence, masonry wall, or hedge, and a minimum three-foot wide landscape strip. The fence, masonry wall, or hedge shall not encroach into the vision clearance area.

(ii)

A minimum ten-foot-wide landscape strip shall be provided between surface parking lots and the street right-of-way. The landscape strip shall be planted with a minimum of one plant unit per 20 square feet of planting area. Berms, mounds, raised beds, and grade drops are allowed if they meet the standards in SRC 603.020(e).

(4)

Off-street parking and loading.

(A)

Off-street parking.

(i)

Parking structures located adjacent to Portland/Fairgrounds Road shall include space for ground floor commercial uses along their entire Portland/Fairgrounds Road frontage.

FIGURE 603-2. PORTLAND/FAIRGROUNDS ROAD OVERLAY ZONE

(Prior Code, § 603.020; Ord. No. 31-13; Ord. No. 1-20, § 2(Exh. B), 2-24-2020; Ord. No. 4-23, § 1(Exh. A), 4-24-2023; Ord. No. 8-24, § 1(Exh. A), 9-23-2024)

Editor's note— Ord. No. 8-24, § 1(Exh. A), adopted Sept 23, 2024, repealed § 603.025, which pertained to design review and derived from Prior Code, § 603.025; Ord. No. 31-13; 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.

Editor's note— Ord. No. 8-24, § 1(Exh. A), adopted Sept 23, 2024, repealed § 603.030, which pertained to design review, and combined it with 603.020. This section derived from Prior Code, § 603.030; Ord. No. 31-13.