Attachment 5 - Ordinance 3154 Exhibit D (Revised for 9/15 Council Meeting) Page 1 of 7 Port Townsend Municipal Code. Chapter 17.18

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1 Page 1 of 7 Page 1/7 Chapter MIXED USE ZONING DISTRICTS Sections: Purposes Permitted, conditional and prohibited uses Bulk, Purposes. A. Mixed Use Districts. The general purposes of the mixed use districts are as follows: 1. To foster a development pattern offering direct, convenient pedestrian, bicycle, and vehicular access between residences and businesses, in order to facilitate pedestrian and bicycle travel and reduce the number and length of automobile trips; 2. To encourage new development that supports the safe and efficient movement of goods and people; 3. To provide for a compatible mix of single-family, multifamily housing and neighborhood commercial businesses and services, with an emphasis on promoting multistory structures with commercial uses on the ground floor and multifamily housing on upper floors; 4. To promote a compact growth pattern to efficiently use the remaining developable land, and to enable the cost-effective extension of utilities, services, and streets; frequent transit service; and to help sustain neighborhood businesses; 5. To foster the development of mixed use areas that are arranged, scaled, and designed to be compatible with surrounding land uses and which provide sensitive transitions between significantly different land uses (e.g., commercial and residential uses); 6. To ensure that buildings and other development components are arranged, designed, and oriented to facilitate pedestrian access. B. The purposes of the specific mixed use districts are as follows: 1. C-I/MU Neighborhood Serving Mixed Use Center. This district provides for a compatible mix of small scale commercial uses and medium density multifamily housing in multistory buildings. Within this district, commercial uses should be located mainly on the ground of multistory structures, with multifamily residential units above, at a density of up to 16 units per 40,000-square-foot area. Over time, this district should promote neighborhood identity, by providing a range of commercial retail and service opportunities within walking distance, reducing reliance upon the automobile. This district occurs in three locations in the city: the southwest corner of the intersection of 49th Street and Jackman; the Hastings and Howard Street intersection; and the San Juan and F Street intersection. 2. C-II/MU Community ServingGeneral Commercial Mixed[JS1] Use Center. While very similar to the neighborhood mixed use district, this district accommodates a broader range of commercial uses which cater to a local or city-wide market[js2], and upper floor multifamily residential units at a density of up to 24 units per 40,000 square foot area. The C-II/MU district occurs in areas that are closer to the city s existing east/west commercial corridor (i.e., portions of both the east and west sides of Discovery Road, from 7th Street to 12th Street; and the east side of Kearney Street, from FranklinJefferson[JS3] to Garfield Street). Like the C-I/MU district, the C-II/MU district is intended to promote more focused and transit or pedestrian-oriented development patterns. (Ord , 1997) Permitted, conditional and prohibited uses. A. Table identifies land uses in the mixed use zoning districts that are permitted outright (P), subject to a conditional use permit (C), prohibited (X), or not applicable (N/A). However, notwithstanding the fact that a use

2 Page 2 of 7 Page 2/7 may be permitted outright, additional permits may be required for certain projects. Uses not specifically identified within Table are deemed to be contrary to the interests of the public health, safety and welfare of the citizens of Port Townsend and shall be prohibited. B. Requirements for the uses identified in Table which are contained within other provisions of this title are referenced under the heading applicable regulations/ notes, although this should not be construed as comprehensive listing of all provisions of this title which may apply to any given use. Specifically, the provisions of Chapter PTMC, Off-Street Parking and Loading, and Chapter PTMC, Signs, shall apply to all uses, even if not noted in Table C. Incidental uses which are identified in this title as prohibited or conditional uses within the applicable zoning district shall be considered conditional and processed in accordance with Chapter PTMC subject to the approval criteria codified in Chapter PTMC. Table Mixed Use Zoning Districts Permitted, Conditional and Prohibited Uses RESIDENTIAL USES (Mixed with other permitted nonresidential uses) Apartment houses P P PTMC , Bulk, requirements; and Ch PTMC, Multifamily Residential Development Standards. Attached single-family residences (i.e., duplexes, triplexes and fourplexes) Boarding houses (four or fewer roomers) and lodging and rooming houses (five or more roomers) P X PTMC , Bulk, Detached single-family residences X X Group homes for the disabled, attached (six or fewer residents) P X Group homes are considered an essential public facility under RCW 36.70A.200;...their siting cannot be precluded by development regulations... ; and PTMC , Bulk, Multifamily dwellings Residential treatment facilities including group homes for the disabled (seven or greater) C C Group homes are considered an essential public facility under RCW 36.70A.200;...their siting cannot be precluded by development regulations... ; and PTMC , Bulk, Residences above commercial uses P P The Port Townsend Comprehensive Plan identifies this as the preferred form of development within mixed use zoning districts.

3 Page 3 of 7 Page 3/7 Townhouses or rowhouses (zero lot lines) OFFICE USES P P PTMC , Bulk, requirements; and Ch PTMC, Multifamily Residential Development Standards. Banks P P PTMC , Bulk, Business services Financial institutions X P Same as above. Offices, business and professional Offices, government C C Same as above. Offices, medical Veterinary hospitals C C Same as above. COMMERCIAL USES Adult entertainment facilities X X Amusement devices, up to five Amusement parks or centers X C Same as above. Antique and gift sales X P Same as above. Apparel and accessory stores X P Same as above. Arcade, amusement X P Same as above. Art galleries X P Same as above. Building materials, garden and farm supplies stores X P PTMC , Bulk, requirements; and Ch PTMC, Multifamily Residential Development Standards. Convenience stores X C Same as above. Confectioneries Custom, art and craft work Education and music studio X P Same as above. Food stores and grocery stores Formula retail establishments (including formula restaurants) X X See Chapter PTMC for applicable regulations and definitions. General merchandise stores Marijuana, retail sales C C PTMC , Bulk, Must also

4 Page 4 of 7 Page 4/7 Medical marijuana, commercial collective garden demonstrate compliance with the standards found in the definition set forth in Chapter PTMC. P P PTMC , Bulk, Must also demonstrate compliance with the standards found in the definition set forth in Chapter PTMC. Microbreweries C C PTMC , Bulk, The manufacturing component within any microbrewery located within a mixed use zoning district must be subordinate and accessory to a primary retail use. Office supplies and equipment X P PTMC , Bulk, Other food services X P Same as above. Pharmacies and medical supply stores Restaurants (excluding those with drive-in or drive-through service) Specialty stores COMMERCIAL SERVICE USES Catering establishments X P Same as above. Kitchen, commercial P P Such facilities may be permitted on the ground floor only if any associated primary street frontage meets the definition of pedestrian-oriented business. Massage clinic or center X P Same as above.ptmc , Bulk, Health clubs, dance studios, martial arts studios Laundromats and laundry services Personal services Printing, commercial Servicing of personal apparel and equipment Small appliance repair X P Same as above. ACCESSORY USES Accessory buildings and accessory structures

5 Page 5 of 7 Page 5/7 Battery charging station[js4] Rapid charging stations P P Same as above TEMPORARY USES Christmas tree sales P P Ch PTMC, Temporary Uses. Contractor offices and model homes Outdoor art and craft shows Retail or service activities conducted out of temporary structures and/or trailers Rummage or other outdoor sales Sidewalk and parking lot sales Yard or garage sales OTHER USES Bowling alleys X P Same as above. Child day care centers and stand alone preschools Churches X X P P Ch PTMC, Child Care Facilities; and PTMC , Bulk, Community clubhouses P P PTMC , Bulk, Family home child care and in-home preschools P P Ch PTMC, Child Care Facilities; and PTMC , Bulk, Home occupations P P Ch PTMC, Home Occupations. Personal wireless service facilities N/A N/A Refer to Ch PTMC, Personal Wireless Service Facilities, for list of permitted, conditional and prohibited uses and other substantive requirements Public facilities C C PTMC , Bulk, Radio and television towers C C Such facilities are allowed in all zoning districts subject to PTMC , Bulk, dimensional and density requirements, and the conditional use permit requirements of Chapter PTMC; however, such facilities are prohibited within the limits of the Port Townsend National Register Historic District, except as provided in applicable Federal

6 Page 6 of 7 Page 6/7 Satellite dishes, noncommercial, and antennas Communications Commission rules and regulations. P P Satellite dishes and antennas shall meet the requirements of PTMC , Bulk, dimensional and density requirements, except as provided in applicable Federal Communications Commission rules and regulations. Schools C C Chapter PTMC, Binding Site Plans; and PTMC , Bulk, Sheltered transit stops P P Sheltered transit stops may be required as a condition of development approval for projects which exceed the SEPA categorical exemption thresholds of WAC (Amended by council motion, 9/2/14; Ord (Exh. C), 2014; Ord , 2008; Ord , 2006; Ord , 2005; Ord , 2003; Ord , 13, 1999; Ord , 3.4, 1998; Ord , 1997) Bulk, A. The standards contained in Table apply to all mixed use zoning districts, and shall be determined to be minimum requirements, unless stated as maximum by this title. B. Application of Building Frontage and Clear Ceiling Height Requirements. All structures located within the C-I(MU) zoning district shall comply with the building frontage requirements of Table However, in order to allow a horizontal as well as a vertical mixture of commercial and residential uses, only those structures or portions of structures constructed to satisfy the minimum commercial building frontage requirements of Table shall comply with the minimum clear ceiling height requirements set forth in the table. C. Open Space Requirement. Projects located within one-quarter mile, street distance, from any P/OS or P/OS(B) zoning district shall be exempt from the minimum open space requirements established in Table Additionally, the open space requirements in Table may take the form of urban open space, as defined in Chapter PTMC. D. Setbacks and Minimum Yard Requirements. Notwithstanding any other ordinance or provision of this title, all setbacks (yard requirements) shall be measured from the lot line to the building line, as defined in Chapter PTMC; provided, however, that the roof or eaves of a roof of a building may extend beyond the building line a maximum distance of two feet into the applicable minimum yard area. E. Construction and Permits. From and after the effective date of the ordinance codified in this section, no building permit shall be issued and no building shall be constructed on any tract, lot or site in the city unless the building is situated on such tract, lot or site in conformance with the requirements of this title and any other applicable provision of law. Table Mixed Use Zoning Districts Bulk, Dimensional and Density Requirements DISTRICT C-I/MU C-II/MU

7 Page 7 of 7 Page 7/7 DISTRICT C-I/MU C-II/MU MINIMUM LOT SIZE 5,000 sf 5,000 sf MINIMUM FRONT YARD SETBACKS No Requirement None MAXIMUM FRONT YARD SETBACKS No Requirement None MINIMUM REAR YARD SETBACKS MINIMUM SIDE YARD SETBACKS MINIMUM NUMBER OF STORIES (in any principal building) MAXIMUM BUILDING HEIGHT MINIMUM GROUND FLOOR CLEAR CEILING HEIGHT MINIMUM BUILDING FRONTAGE ALONG PRIMARY STREET FRONTAGE MAXIMUM FLOOR AREA RATIO MAXIMUM AMOUNT OF ANY INDIVIDUAL LEASABLE COMMERCIAL SPACE* MAXIMUM AMOUNT OF COMMERCIAL FLOOR SPACE (in any one structure) MAXIMUM HOUSING DENSITY (units per 40,000 square foot area) MINIMUM AVERAGE HOUSING DENSITY (units per 40,000 square foot area) MINIMUM OPEN SPACE AND TREE CONSERVATION No requirement except: 20 feet if abutting an R-I or R-II zoning district; 5 feet if abutting an R-III or R-IV zoning district No requirement except: 10 feet if abutting an R-I or R-II zoning district; 5 feet if abutting an R-III or R-IV zoning district 2 2 None except: 20 feet if abutting an R-I or R-II zoning district; 5 feet if abutting an R-III or R-IV zoning district None except: 10 feet if abutting an R-I or R-II zoning district; 5 feet if abutting an R-III or R-IV zoning district 40 feet and as specified by PTMC feet except: (a) 2 stories, up to 40 feet within 100 feet of an abutting R-I or R-II district; or (b) 40 feet if the development has no residential use component and as specified by PTMC feet 12 feet 40 feet or 70% of frontage width, whichever is greater None 2 sf of gross floor area per 1 sf of lot All-commercial developments (i.e., no residential component): 0.25 sf of gross floor area per 1 sf of lot area. Mixed-commercial/residential developments: A base floor area ratio of 0.25 sf of gross floor area per 1 sf of lot area, plus a bonus of 1 sf of gross floor area of nonresidential use for each 1 sf of residential use, up to a maximum floor area ratio of 3 sf of gross floor area per 1 sf of lot area for the project as a whole. 5,000 sf None 30,000 sf 60,000 sf 16 (2,500 sf of lot area per unit) No requirement; provided, that second story is constructed to meet Energy Code for residential occupancy Minimum open space shall not be less than 10% of total gross floor area; preservation of existing trees, and/or, new trees shall be provided consistent with Chapter PTMC, Article III, Standards for Tree Conservation 24 (1,666 sf of lot area per unit) None Minimum open space shall not be less than 10% of total gross floor area; preservation of existing trees, and/or, new trees shall be provided consistent with Chapter PTMC, Article III, Standards for Tree Conservation *Excluding storage areas which are incidental and subordinate to the commercial use. (Ord , 2008; Ord , 2005; Ord (Exh. B 11), 2003; Ord , 1999; Ord , 1999; Ord , 3.6, 1998; Ord , 1997).

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