19.304 DOWNTOWN ZONES

19.304.1  Purpose

The downtown zones are Downtown Mixed Use Zone DMU and Open Space Zone OS. The zones are shown on Figure 19.304-1. These zones implement the Town Center and Public land use designations in the Milwaukie Comprehensive Plan. The downtown zones implement the Downtown and Riverfront Land Use Framework Plan and Milwaukie Comprehensive Plan.

The downtown and riverfront area is envisioned as the focus of the community. Two zones are designated to distinguish between areas intended for public open space and those intended for downtown development. Specific use, development, and design standards are adopted for the downtown zones to assure an active, attractive, and accessible environment for shoppers, employees, and residents.

A.    Downtown Mixed Use (DMU)

The Downtown Mixed Use Zone provides for a wide range of uses—including retail, office, commercial, and residential—that will bring visitors to the downtown to live, work, shop, dine, and recreate. The desired character for this zone is a pedestrian-friendly and vibrant urban center, with a prominent main street and connections to the riverfront, and which includes buildings that are built to the right-of-way and oriented toward the pedestrian, with primary entries located along streets rather than parking lots.

B.    Open Space (OS)

The Open Space Zone provides a specific zone to accommodate open space, park, and riverfront uses. The Open Space Zone is generally applied to lands that are in public ownership along the Willamette River, Kellogg Creek, Spring Creek, and Johnson Creek in the downtown area. The desired character for the Open Space Zone includes parkland, open space, and riverfront amenities.

Figure 19.304-1

Downtown Zoning

19.304.2  Uses

A.    Permitted Uses

Uses allowed in the downtown zones are listed in Table 19.304.2 with a “P.” These uses are allowed if they comply with the development and design standards, any applicable design guidelines, and other regulations of this title.

B.    Conditional Uses

Uses listed in Table 19.304.2 as “CU” are permitted only as conditional uses in conformance with Section 19.905. Type III review is required to establish a new CU or for major modification of an existing CU. Type I review is required for a minor modification of an existing CU.

C.    Nonconforming Uses, Structures, and Development

Existing structures and uses that do not meet the standards for the downtown zones may continue in existence. Alteration or expansion of a nonconforming use, structure, or development that brings the use, structure, or development closer to compliance may be allowed through a Type II downtown design review pursuant to Section 19.907. Alteration or expansion of a nonconforming use or structure that does not bring the use or structure closer to compliance may be allowed through a Type III Variance pursuant to Section 19.911. Except where otherwise stated in this section, the provisions of Chapter 19.800 Nonconforming Uses and Development apply.

D.    Prohibited Uses

Uses listed in Table 19.304.2 with an “N,” or uses not listed below, are prohibited as new uses. In addition, drive-through facilities are prohibited in the downtown zones.

E.    Accessory Uses

Uses that are accessory to a primary use are allowed if they comply with all development standards. Accessory uses include but are not limited to restrooms in City parks and refreshment stands at the library.

F.    Similar Uses

Similar uses not listed in Table 19.304.2 may be allowed through a Director determination pursuant to Section 19.903.

P =          Permitted.

N =          Not permitted.

CSU =    Permitted with community service use approval subject to provisions of Section 19.904. Type III review required to establish a new CSU or for major modification of an existing CSU. Type I review required for a minor modification of an existing CSU.

CU =       Permitted with conditional use approval subject to the provisions of Section 19.905. Type III review required to establish a new CU or for major modification of an existing CU. Type I review required for a minor modification of an existing CU.

19.304.3  Use Limitations, Restrictions, and Provisions

A.    Use Limitations and Restrictions

The following provisions describe the limitations for uses listed in Table 19.304.2.

1.    Residential uses are permitted throughout downtown Milwaukie, subject to the following limitations and as shown in Figure 19.304-2.

a.    Along Main Street south of the intersection with Scott Street, residential dwellings are only allowed on the second floor or above; they are not permitted on the ground floor. Lobbies for upper-level dwellings are allowed on the ground floor only if a commercial use is located along a majority of the property’s street frontage.

b.    Along Main Street north of the intersection with Scott Street and on all other streets, residential dwellings and/or lobbies are permitted anywhere on the ground floor along Main Street.

c.    Live/work units and townhouses are not permitted on Main Street.

2.    Production-related office uses are not permitted on the ground floor along Main Street.

3.    Commercial uses are permitted throughout downtown, subject to the following limitations:

a.    In the DMU Zone, the following uses are limited to 20,000 sq ft in floor area per use on the ground floor.

(1)   Traditional office

(2)   Eating/drinking establishments

(3)   Indoor recreation

(4)   Retail-oriented sales

(5)   Personal-service-oriented

(6)   Repair-oriented

(7)   Day care and child care

b.    In the OS Zone, retail-oriented sales are limited to 20,000 sq ft in floor area per use on the ground floor.

c.    Uses listed in Subsections 19.304.3.A.3.a-b that are larger than 20,000 sq ft in floor area on the ground floor may be approved through a conditional use review pursuant to Section 19.905.

d.    In the DMU Zone, production-related office uses are limited to 20,000 sq ft in total area.

e.    Uses listed in Subsection 19.304.3.A.3.d that are larger than 20,000 sq ft in total area may be approved through conditional use review pursuant to Section 19.905.

4.    Automobile/motor vehicle repair (excluding body and fender repair and painting) is permitted in the DMU Zone only when conducted within a completely enclosed building.

5.    Parking facilities in the OS Zone are limited to surface lots that are intended primarily for the users of the related park or open space.

6.    Manufacturing and production uses are limited to 5,000 sq ft in floor area per use on the ground floor and are only permitted when associated with, and accessory to, a related retail-oriented sales or eating/drinking establishment use. For purposes of this subsection, manufacturing and production involve goods that are sold or distributed beyond or outside of the associated on-site eating or drinking establishment or retail trade use. For example, a brewing facility that distributes or sells its products elsewhere would be considered a manufacturing and production use, while a restaurant kitchen that prepares food that is purchased on-site would not be considered manufacturing or production. Marijuana production is prohibited.

B.    Use Provisions

1.    The limit of 4 consecutive townhouses established in Subsection 19.505.5.D does not apply in the DMU Zone. In the DMU Zone, there is no limit on the number of consecutive townhouses.

Figure 19.304-2

Downtown Residential Use Limitations-

19.304.4  Development Standards

In the downtown zones, the development standards in Table 19.304.4 apply. Notes and/or cross references to other applicable code sections are listed in the “Standards/Additional Provisions” column. Additional standards are provided in Subsection 19.304.5.

See Sections 19.201 Definitions and 19.202 Measurements for specific descriptions of standards and measurements listed in the table.

The development standards address several issues of particular importance to maintaining the appropriate character for the downtown. Table 19.304.4 summarizes some of the development standards that apply downtown. Development standards are presented in full in Subsection 19.304.5.

Figure 19.304-3

Minimum Floor Area Ratios

Figure 19.304-4

Base Maximum Building Heights

19.304.5  Detailed Development Standards

The following detailed development standards describe additional allowances, restrictions, and exemptions related to the development standards of Table 19.304.4.

A.    Floor Area Ratios

1.    Intent

The floor area ratio (FAR) is a tool for regulating the intensity of development. Minimum floor area ratios help to ensure that the intensity of development is controlled and that more intense forms are confined to appropriate areas of the downtown. In some cases, FAR densities are provided for provision of a public benefit or amenity to the community.

2.    Standards

a.    The minimum floor area ratios in Subsection 19.304.4.B.1 apply to all nonresidential building development. Stand-alone residential densities are controlled by minimum density requirements.

b.    Required minimum floor area ratios are calculated on a project-by-project basis and may include multiple contiguous parcels. In mixed-use developments, residential floor space will be included in the calculations of floor area ratio to determine conformance with minimum FARs.

c.    If a project is to be developed in phases, the required FAR must be met for the land area in the completed phase(s), without consideration of the land area devoted to future phases.

d.    FAR bonuses are available for provision of structured parking per Subsection 19.611.4.

3.    Exemptions

The following are exempt from the minimum floor area ratio requirement.

a.    Parking facilities.

b.    Public parks and plazas.

B.    Building Height

1.    Intent

Minimum and maximum building height standards serve several purposes. They promote a compatible building scale and relationship of one structure to another. A minimum building height is established to ensure that the traditional building scale for the downtown area is maintained.

2.    Standards

a.    The minimum building height standards apply to new commercial, office, residential, and mixed-use buildings.

b.    Minimum building heights are specified in Table 19.304.4. The minimum building height of 25 ft must be met along all street frontages for a depth of at least 25 ft from the front of the building.

c.    Base maximum building heights are specified in Figure 19.304-4. Height bonuses are available for buildings that meet the standards of Subsection 19.304.5.B.3.

3.    Height Bonuses

To incentivize the provision of additional public amenities or benefits beyond those required by the baseline standards, height bonuses are available for buildings that include desired public amenities or components; increase downtown vibrancy; and/or help meet sustainability goals.

A building can utilize up to 2 of the development incentive bonuses of this subsection, for a total of 24 ft of additional height above the height maximum specified in Figure 19.304-4.

Height bonuses cannot be applied within 50 ft of the moderate density residential (R-MD) zone.

a.    Residential

New buildings that devote at least one story or 25% of the gross floor area to residential uses are permitted an additional 12 ft of building height. The residential height bonus cannot be used in combination with the lodging height bonus.

b.    Lodging

New buildings that devote at least one story or 25% of the gross floor area to lodging uses are permitted an additional 12 ft of building height. The lodging height bonus cannot be used in combination with the residential height bonus.

c.    Green Building

Project proposals that receive approvals and certification as identified in Section 19.510 are permitted an additional 12 ft of building height.

d.    Building Height Variance

Additional building height may be approved through Type III variance review, per Subsection 19.911.6 Building Height Variance.

4.    Exemptions

The following are exempt from the minimum building height standards.

a.    Additions to existing buildings.

b.    Accessory structures.

c.    Buildings with less than 1,000 sq ft of floor area.

C.    Street Setbacks

1.    Intent

Buildings are allowed and encouraged to build up to the street right-of-way in the DMU Zone to ensure that the ground floors of buildings engage the street right-of-way.

2.    Standards

a.    No minimum street setbacks are required.

b.    Minimum setbacks are used in combination with the Site Frontage design element in Subsection 19.508.4.A.

3.    Exemption

The DMU Zone is exempt from the clear vision area requirements of Chapter 12.24 of the Milwaukie Municipal Code, with the exception of driveway and street intersections with McLoughlin Boulevard.

D.    Off-Street Parking

1.    Intent

The desired character for the DMU Zone, particularly along Main Street, is defined by a continuous façade of buildings close to the street, with adjacent on-street parking.

2.    Standards

a.    Off-street parking for residential uses is required at the ratios established in Table 19.605.1. All other applicable standards of Chapter 19.600 apply.

b.    No off-street parking is required for nonresidential uses. If off-street parking is provided for nonresidential uses, the parking maximums in Table 19.605.1 will apply. All other applicable standards of Chapter 19.600 will also apply.

c.    Off-street surface parking lots (including curb cuts) must not be located within 50 ft of the Main Street right-of-way. Off-street surface parking lots approved prior to October 31, 2015, the effective date of Ordinance #2106, are exempt from this prohibition. This exemption applies only to the property owner on file with the Clackamas County Assessor as of October 31, 2015, the effective date of Ordinance #2106, and is dissolved upon transfer of ownership.

The Planning Commission may permit off-street parking lots and curb cuts within 50 ft of the Main Street right-of-way only upon finding, through Type III Variance review pursuant to Section 19.911, that:

(1)   The overall project meets the intent of providing a continuous façade of buildings close to Main Street.

(2)   The off-street parking area or curb cut is visually screened from view from Main Street.

(3)   The community need for the off-street parking area or curb cut within 50 ft of Main Street outweighs the need to provide a continuous façade of buildings in that area.

d.    Off-street parking must not be located between a building and the street-facing lot line.

Figure 19.304.5.D.2

Off-Street Parking Standards

E.    Residential Density

1.    Intent

There is a minimal amount of land available for new housing development within the downtown zones. Minimum densities are applied to residential development in the DMU Zone to assure efficient use of land at densities that support transit use and nearby downtown businesses.

2.    Standards

a.    Minimum densities for townhouses and live/work units are 25 units per acre. There is no maximum residential density for townhouses or live/work units.

b.    Minimum densities for stand-alone multifamily dwellings and senior/retirement housing in the DMU Zone are 30 units per acre. Maximum residential densities are effectively controlled by height limits.

3.    Exemption

There are no minimum density requirements when residential units are developed as part of a mixed-use building.

19.304.6  Public Area Requirements

A.    Purpose

The Public Area Requirements (PAR) implement the Downtown and Riverfront Land Use Framework Plan. The purpose of the PAR is to ensure that, as revitalization occurs in downtown, there will be a consistent and high-quality public right-of-way that establishes a safe, comfortable, contiguous pedestrian-oriented environment. Public area requirements are defined as improvements within the public right-of-way and include, but are not limited to, sidewalks, bicycle lanes, on-street parking, curb extensions, lighting, street furniture, and landscaping. The PAR is implemented through Chapter 19.700 and the Milwaukie Public Works Standards.

B.    Applicability, Review Process, and Standards

Development in downtown zones is subject to the review process and standards of Chapter 19.700 as specified in the chapter’s applicability provisions. Required public improvements along rights-of-way included in the PAR must be consistent with the PAR as implemented in the Milwaukie Public Works Standards.

19.304.7  Additional Standards

Depending upon the type of use and development proposed, the following sections of Chapter 19.500 Supplementary Development Regulations may apply. These sections are referenced for convenience and do not limit or determine the applicability of other sections within the Milwaukie Municipal Code.

A.    Section 19.504 Site Design Standards

B.    Section 19.505 Building Design Standards

C.    Section 19.508 Downtown Site and Building Design Standards and Guidelines

19.304.8  Variances

The Planning Manager or Planning Commission may authorize variances to the development standards under Subsection 19.304.4 in accordance with procedures of Section 19.911. (Ord. 2226 § 2, 2023; Ord. 2224 § 2, 2022; Ord. 2218 § 2 (Exh. B), 2022; Ord. 2170 § 2, 2019; Ord. 2168 § 2, 2019; Ord. 2134 § 2, 2016; Ord. 2120 § 2, 2016; Ord. 2110 § 2 (Exh. G), 2015; Ord. 2106 § 2 (Exh. F), 2015; Ord. 2094 § 2, 2015; Ord. 2059 § 2, 2013; Ord. 2051 § 2, 2012; Ord. 2025 § 2, 2011)