Chapter MIXED USE ZONING DISTRICTS

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Page 1 of 12 Page 1/12 Chapter 17.18 MIXED USE ZONING DISTRICTS Sections: 17.18.010 Purposes. 17.18.020 Permitted, conditional and prohibited uses. 17.18.030 Bulk, 17.18.010 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 Serving Mixed Use Center. While very similar to the neighborhood mixed use district, this district accommodates a broader range of commercial The is current through Ordinance 3132, pa ed August 3, 2015.

Page 2 of 12 Page 2/12 uses which cater to a local or city-wide market, 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 Jefferson 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. 2571 2, 1997). 17.18.020 Permitted, conditional and prohibited uses. A. Table 17.18.020 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 (N/A). However, notwithstanding the fact that a use may be permitted outright, additional permits may be required for certain projects. Uses not specifically identified within Table 17.18.020 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 17.18.020 which are contained within other provisions of this title are referenced under the heading 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 17.72 PTMC, Off-Street Parking and Loading, and Chapter 17.76 PTMC, Signs, shall apply to all uses, even if not noted in Table 17.18.020. C. Incidental uses which are identified in this title as prohibited or conditional uses within the zoning district shall be considered conditional and processed in accordance with Chapter 20.01 PTMC subject to the approval criteria codified in Chapter 17.84 PTMC. Table 17.18.020 Mixed Use Zoning Districts Permitted, Conditional and Prohibited Uses RESIDENTIAL USES (Mixed with other permitted nonresidential uses) Apartment houses P P PTMC requirements; and Ch. 17.36 PTMC, Multifamily Residential Development Standards. Attached P X PTMC The is current through Ordinance 3132, pa ed August 3, 2015.

Page 3 of 12 Page 3/12 single-family residences (i.e., duplexes, triplexes and fourplexes) Boarding houses (four or fewer roomers) and lodging and rooming houses (five or more roomers) Detached single-family residences Group homes for the disabled, attached (six or fewer residents) X X 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 Multifamily dwellings Residential treatment facilities including group homes for the disabled (seven or greater) Residences above commercial uses 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 P P The Port Townsend Comprehensive Plan identifies this as the preferred form of development within mixed The is current through Ordinance 3132, pa ed August 3, 2015.

Page 4 of 12 Page 4/12 use zoning districts. Townhouses or rowhouses (zero lot lines) P P PTMC requirements; and Ch. 17.36 PTMC, Multifamily Residential Development Standards. OFFICE USES Banks P P PTMC 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 X X facilities Amusement devices, up to five Amusement parks or X C Same as above. centers Antique and gift sales X P Same as above. Apparel and accessory X P Same as above. stores Arcade, amusement X P Same as above. Art galleries X P Same as above. Building materials, garden and farm supplies stores X P PTMC requirements; and Ch. The is current through Ordinance 3132, pa ed August 3, 2015.

Page 5 of 12 Page 5/12 17.36 PTMC, Multifamily Residential Development Standards. Convenience stores X C Same as above. Confectioneries Custom, art and craft work Education and music X P Same as above. studio Food stores and grocery stores Formula retail establishments (including formula restaurants) General merchandise stores X X See Chapter 17.54 PTMC for regulations and definitions. Marijuana, retail sales C C PTMC Must also demonstrate compliance with the standards found in the definition set forth in Chapter 17.08 PTMC. Medical marijuana, commercial collective garden P P PTMC Must also demonstrate compliance with the standards found in the definition set forth in Chapter 17.08 PTMC. Microbreweries C C PTMC The manufacturing component within any microbrewery The is current through Ordinance 3132, pa ed August 3, 2015.

Page 6 of 12 Page 6/12 located within a mixed use zoning district must be subordinate and accessory to a primary retail use. Office supplies and equipment X P PTMC 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 X P Same as above. establishments 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 Health clubs, dance studios, martial arts studios Laundromats and laundry services X P Same as above.ptmc Personal services The is current through Ordinance 3132, pa ed August 3, 2015.

Page 7 of 12 Page 7/12 Printing, commercial Servicing of personal apparel and equipment Small appliance repair X P Same as above. ACCESSORY USES Accessory buildings and accessory structures Battery charging station Rapid charging P P Same as above stations TEMPORARY USES Christmas tree sales P P Ch. 17.60 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 P P Ch. 17.52 PTMC, Child Care Facilities; and PTMC Comment [JS1]: Revised 2/11/16 The is current through Ordinance 3132, pa ed August 3, 2015.

Page 8 of 12 Page 8/12 preschools Churches X X Community clubhouses Family home child care and in-home preschools P P PTMC P P Ch. 17.52 PTMC, Child Care Facilities; and PTMC Home occupations P P Ch. 17.56 PTMC, Home Occupations. Personal wireless service facilities N/A N/A Refer to Ch. 17.78 PTMC, Personal Wireless Service Facilities, for list of permitted, conditional and prohibited uses and other substantive requirements Public facilities C C PTMC Radio and television towers C C Such facilities are allowed in all zoning districts subject to PTMC requirements, and the conditional use permit requirements of Chapter 17.84 PTMC; however, such facilities are prohibited within the limits of the Port Townsend National Register Historic District, except as provided The is current through Ordinance 3132, pa ed August 3, 2015.

Page 9 of 12 Page 9/12 in Federal Communications Commission rules and regulations. Satellite dishes, noncommercial, and antennas P P Satellite dishes and antennas shall meet the requirements of PTMC requirements, except as provided in Federal Communications Commission rules and regulations. Schools C C Chapter 18.20 PTMC, Binding Site Plans; and PTMC 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 197-11-305. (Amended by council motion, 9/2/14; Ord. 3112 1 (Exh. C), 2014; Ord. 2977 1, 2008; Ord. 2916 5, 2006; Ord. 2912 2, 2005; Ord. 2825 4, 2003; Ord. 2700 12, 13, 1999; Ord. 2670 3.3, 3.4, 1998; Ord. 2571 2, 1997). 17.18.030 Bulk, A. The standards contained in Table 17.18.030 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 17.18.030. However, in order to allow a horizontal as well as a vertical mixture of The is current through Ordinance 3132, pa ed August 3, 2015.

Page 10 of 12 Page 10/12 commercial and residential uses, only those structures or portions of structures constructed to satisfy the minimum commercial building frontage requirements of Table 17.18.030 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 17.18.030. Additionally, the open space requirements in Table 17.18.030 may take the form of urban open space, as defined in Chapter 17.08 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 17.08 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 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 provision of law. Table 17.18.030 Mixed Use Zoning Districts Bulk, Dimensional and Density Requirements DISTRICT C-I/MU C-II/MU MINIMUM LOT SIZE 5,000 sf 5,000 sf MINIMUM FRONT YARD No Requirement None SETBACKS MAXIMUM FRONT YARD SETBACKS No Requirement None MINIMUM REAR YARD SETBACKS MINIMUM SIDE YARD SETBACKS MINIMUM NUMBER OF STORIES (in any principal building) 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 The is current through Ordinance 3132, pa ed August 3, 2015.

Page 11 of 12 Page 11/12 DISTRICT C-I/MU C-II/MU 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 40 feet and as specified by PTMC 17.46.080 12 feet 12 feet 40 feet or 70% of frontage width, whichever is greater 2 sf of gross floor area per 1 sf of lot 50 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 17.46.080 None 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 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. 24 (1,666 sf of lot area per unit) None The is current through Ordinance 3132, pa ed August 3, 2015.

Page 12 of 12 Page 12/12 DISTRICT C-I/MU C-II/MU (units per 40,000 square foot area) MINIMUM OPEN SPACE AND TREE CONSERVATION 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 19.06 PTMC, Article III, Standards for Tree Conservation 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 19.06 PTMC, Article III, Standards for Tree Conservation *Excluding storage areas which are incidental and subordinate to the commercial use. (Ord. 2982 3, 2008; Ord. 2920 15, 2005; Ord. 2837 2(Exh. B 11), 2003; Ord. 2716 4.4, 1999; Ord. 2700 14, 1999; Ord. 2670 3.5, 3.6, 1998; Ord. 2571 2, 1997). The is current through Ordinance 3132, pa ed August 3, 2015.