The purpose of the mixed use/transitional zone is to provide for a transitional area between commercial and residential zones with a desirable mix of residential land uses with limited commercial land uses. The limited commercial uses allowed in this district are selected for their compatibility with residential uses and their ability to meet the needs of the neighborhood. Uses in this district are intended to be compatible with the design and aesthetic qualities of the adjacent neighborhood. This zone is intended to implement the Willamette neighborhood plan as authorized by the policies set forth in the Comprehensive Plan. (Ord. 1515, 2005; Ord. 1547, 2007; Ord. 1745 § 1 (Exh. A), 2023)

A.    A use permitted outright, CDC 59.030, is a use that requires no approval under the provisions of this code, except that all uses require design review pursuant to CDC 59.100(13). If a use is not listed as a use permitted outright, it may be held to be a similar unlisted use under the provisions of Chapter 80 CDC.

B.    A use permitted under prescribed conditions, CDC 59.050, is a use for which approval will be granted provided all conditions are satisfied, and:

1.    The Planning Director shall make the decision in the manner provided by CDC 99.060(A)(2), Administrative Procedures, except that no notice shall be required; and

2.    The decision may be appealed by the applicant to the Planning Commission as provided by CDC 99.240(A).

C.    The approval of a conditional use (CDC 59.060) is discretionary with the Planning Commission. The approval process and criteria for approval are set forth in Chapter 60 CDC, Conditional Uses. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 80 CDC.

D.    The following code provisions may be applicable in certain situations:

1.    Chapter 65 CDC, Non-conforming Uses Involving a Structure.

2.    Chapter 66 CDC, Non-conforming Structures.

3.    Chapter 67 CDC, Non-conforming Uses of Land.

4.    Chapter 68 CDC, Non-conforming Lots, Lots of Record.

5.    Chapter 75 CDC, Variance. (Ord. 1515, 2005; Ord. 1547, 2007; Ord. 1745 § 1 (Exh. A), 2023)

The following are uses permitted outright in this zone:

1.    Single-family attached or detached dwelling;

a.    Duplex residential units;

b.    Triplex residential units;

c.    Quadplex residential units;

2.    Manufactured home;

3.    Multifamily dwelling;

4.    Townhouse;

5.    Cottage cluster;

6.    Common-wall single-family dwellings above a permitted use;

7.    Residential use of the second floor or a portion of the ground floor of a permitted use;

8.    Residential home;

9.    Family day care;

10.    Bed and breakfast lodging;

11.    Animal sales and services, grooming;

12.    Business support services;

13.    Cultural exhibits and library services;

14.    General retail services;

15.    Medical and dental services;

16.    Personal service facilities;

17.    Professional and administrative services;

18.    Transportation facilities (Type I);

19.    Utility, minor. (Ord. 1515, 2005; Ord. 1547, 2007; Ord. 1604 § 60, 2011; Ord. 1686 § 3, 2018; Ord. 1736 § 1 (Exh. A), 2022; Ord. 1745 § 1 (Exh. A), 2023)

1.    Accessory uses are allowed in this zone as provided by Chapter 34 CDC.

2.    Manufacture or repackaging of goods for on-site sale. (Ord. 1515, 2005; Ord. 1547, 2007; Ord. 1686 § 4, 2018; Ord. 1745 § 1 (Exh. A), 2023)

The following uses are allowed in this zone under prescribed conditions:

1.    Signs, subject to the following provisions:

a.    Wall signs. Shall not exceed 10 percent of the square footage of the front elevation. The calculation of allowable signage is explained in CDC 52.300. The sign(s) shall be proportionate to buildings and signs on adjacent buildings. The 10 percent shall be broken up into multiple signs. The sign(s) shall be mounted or painted on the second floor, on the valance of the awning, on the windows at pedestrian level, or on four-by-four awning posts.

b.    Ground-mounted signs. One ground-mounted sign is permitted in the front yard with a maximum size of 16 square feet, a maximum height of four feet, and a minimum setback of five feet from the right-of-way.

c.    No signs shall be the internally lit “can” type. No backlit signs are permitted. Illumination by spotlight is permitted for either sign type. Neon signs are permitted only inside the windows. No flashing signs are allowed. By temporary sign permit only, neon colored lettering or designs painted on windows or on paper or banners in the windows are allowed, but discouraged. Small signs or plaques that describe the building in a historical sense are exempt from the allowable square footage restrictions. Signs cannot project from the building face.

d.    Temporary signs. Temporary sandwich board signs are permitted without the temporal restrictions of Chapter 52 CDC.

e.    All other provisions of Chapter 52 CDC. Signs are applicable unless they conflict with the provisions of this chapter.

2.    Temporary use, subject to the provisions of Chapter 35 CDC.

3.    Home occupations, subject to the provisions of Chapter 37 CDC.

4.    Consumer repair services, as prescribed with no exterior storage.

5.    Animal sales and services: veterinary (small animals), as prescribed with no exterior runs or storage.

6.    Financial and insurance, as prescribed with no drive-through service.

7.    Building maintenance services, as prescribed with no exterior storage.

8.    Wireless communication facilities, subject to the provisions of Chapter 57 CDC. (Ord. 1515, 2005; Ord. 1547, 2007; Ord. 1686 § 5, 2018; Ord. 1745 § 1 (Exh. A), 2023)

Only the following conditional uses are allowed in this zone subject to the provisions of Chapter 60 CDC, Conditional Uses:

1.    Certified child care center.

2.    Community building.

3.    Religious institution.

4.    Senior center.

5.    Public support and public safety facilities, including public parking lots.

6.    Nursery.

7.    Parks and open space.

8.    Eating and drinking establishments.

9.    Food and beverage retail sales.

10.    Hotel/motel.

11.    Construction sales and services.

12.    Parking facilities. (Ord. 1515, 2005; Ord. 1547, 2007; Ord. 1655 § 6, 2016; Ord. 1675 § 48, 2018; Ord. 1686 § 6, 2018; Ord. 1745 § 1 (Exh. A), 2023)

A.    Except as may be otherwise provided by the provisions of this code, the following are the requirements for uses within this zone:

B.    Design standards. All uses in the mixed-use zone shall comply with the provisions of Chapter 55 CDC, except for CDC 55.100(B)(7)(a), (b), (c), (h), (i), and (j); or CDC 55.105(F)(1), as applicable. Further, single-family residential uses, townhouses, manufactured homes, and cottage clusters shall also comply with the Class I design review standards. In addition, the design standards described below apply to all uses.

1.    Each building shall include a single-story porch on the front, and on the side where it abuts a street. The porch shall have a minimum area of 25 square feet, with a minimum depth of five feet.

2.    New sidewalk construction shall be allowed to match the historical sidewalk standards in this zone.

3.    Off-street parking shall not be located between the building and a public or private street, except alleys; parking areas shall be located behind, under, or on the side of the building.

4.    Garages shall not extend any closer to the street than the street-facing facade of the building.

5.    There shall be no illuminated outdoor advertising on accessory buildings, equipment, or vending machines

6.    These design standards, subsections (B)(1) through (5) of this section, shall not apply to public facilities such as reservoirs, water towers, treatment plants, fire stations, pump stations, power transmission facilities, etc. It is recognized that many of these facilities, due to their functional requirements, cannot readily be configured to meet these design standards. However, attempts shall be made to make the design sympathetic to surrounding properties through compatible architecture, enhanced landscaping, setbacks, buffers, and other reasonable means. (Ord. 1515, 2005; Ord. 1547, 2007; Ord. 1565, 2008; Ord. 1675 § 50, 2018; Ord. 1736 § 1 (Exh. A), 2022; Ord. 1745 § 1 (Exh. A), 2023)

In addition to all other provisions of this section, the following additional requirements may apply:

A.    Permitted commercial and other non-residential uses may only be open from 6:00 a.m. to 10:00 p.m. and are subject to the noise provisions of Chapter 55 CDC.

B.    Exterior business activity shall not take place beyond the rear wall of the building when the subject property abuts a residential district, except for parking and refuse storage. Refuse storage must be buffered or enclosed and may not abut a property line that adjoins a residential zone. (Ord. 1515, 2005; Ord. 1547, 2007; Ord. 1614 § 11, 2013; Ord. 1745 § 1 (Exh. A), 2023)

Except as may otherwise be established by this code, the appropriate lot or parcel size for a conditional use shall be determined by the approval authority at the time of consideration of the application based upon the criteria set forth in CDC 60.070(A) and (B). (Ord. 1515, 2005; Ord. 1547, 2007; Ord. 1636 § 42, 2014; Ord. 1745 § 1 (Exh. A), 2023)

The following standards apply to all development including permitted uses:

1.    Chapter 28 CDC, Willamette and Tualatin River Protection.

2.    Chapter 36 CDC, Manufactured Homes.

3.    Chapter 32 CDC, Water Resource Area Protection.

4.    Chapter 34 CDC, Accessory Structures, Accessory Dwelling Units, and Accessory Uses.

5.    Chapter 35 CDC, Temporary Structures and Uses.

6.    Chapter 37 CDC, Home Occupations.

7.    Chapter 38 CDC, Additional Yard Area Required; Exceptions to Yard Requirements; Storage in Yards; Projections into Yards.

8.    Chapter 41 CDC, Building Height, Structures on Steep Lots, Exceptions.

9.    Chapter 42 CDC, Clear Vision Areas.

10.    Chapter 44 CDC, Fences.

11.    Chapter 48 CDC, Access, Egress and Circulation.

12.    Chapter 46 CDC, Off-Street Parking, Loading and Reservoir Areas, except for the provisions of CDC 46.140, apply to all uses.

13.    Chapter 55 CDC, Design Review.

14.    Chapter 54 CDC, Landscaping.

15.    Chapter 53 CDC, Sidewalk Use. (Ord. 1547, 2007; Ord. 1614 § 12, 2013; Ord. 1675 § 49, 2018; Ord. 1745 § 1 (Exh. A), 2023)