Chapter 17.73
MIXED USE OVERLAY (MX) ZONE

(Zoning Ordinance Amendment 96-1 adopted by City Council April 10, 1996.)

17.73.010 Intent and Purpose

A.    The Mixed Use (MX) Overlay Zone is established to facilitate the coexistence of residential and commercial land uses for the establishment and maintenance of dual use properties in appropriate areas. The designation is intended as a modifier to an underlying commercial zone, which would permit construction and operation of mixed residential/commercial projects within a common area. Where applied, the Mixed Use Overlay (MX) Zone is intended to enliven the business district in which it is applied by bringing additional residents into the business area during the evenings and weekends, and to provide an opportunity for downtown merchants, artisans and craftsmen to live where they work.

17.73.020 Locational Criteria

The MX overlay zone is appropriately located based upon the following criteria.

A.    The area is substantially occupied by a mixture of single family or multiple family dwellings, commercial retail storefront shops, or general or professional office space.

B.    The nature of the existing and planned commercial uses are such that they are likely to be compatible with future residential uses.

C.    The area can physically accommodate all permitted uses and the required parking, loading, circulation and landscape requirements, and is supported by adequate infrastructure.

D.    The location shall be consistent with the General Plan commercial siting criteria and other applicable policies, and the land use designations of DC (Downtown Commercial), CC (Community Commercial) or OC (Office Commercial).

17.73.030 Uses Permitted Without Planning Approval

Any uses listed as permitted without Planning Department approval within the zone(s) to which this overlay is attached shall also be permitted within the MX Overlay Zone without Planning Department approval.

17.73.040 Uses Permitted Subject to Administrative Approval by the Planning Director

A.    Any uses listed as permitted subject to administrative approval within the zone(s) to which this overlay is attached shall also be permitted within the MX Overlay Zone subject to administrative approval. (Zoning Ordinance Amendment 97-2 adopted by City Council June 11, 1997.)

B.    Commercial uses which were converted from single-family residential structures may be reverted back to single-family residential uses provided they meet building code requirements for single-family residential use and that any additions or alterations to the structure comply with the appropriate provisions of the Zoning Ordinance. No new single-family residential units shall be permitted within the mixed use (MX) overlay zone. (Zoning Ordinance Amendment 97-2 adopted by City Council June 11, 1997.)

17.73.050 Uses Permitted Subject to Site Plan Review Approval

A.    All uses permitted subject to Site Plan Review approval within the underlying zone(s) to which this overlay is attached shall also be permitted within the MX Overlay Zone subject to Site Plan Review approval.

B.    The MX Overlay Zone shall allow attached or detached Single Family Residential uses when located on the same lot or parcel as commercial or office uses permitted by the base zone designation, subject to the standards of development listed in PMC 17.73.090 and Site Plan Review approval, unless otherwise approved in conjunction with a mixed use development plan.

17.73.060 Uses Permitted Subject to Approval of a Conditional Use Permit or Comprehensive Development Plan

A.    All uses permitted pursuant to the provisions of Chapter 17.22 PMC, Conditional Use Permits, within the underlying zone shall continue to be conditionally permitted within the MX Overlay, subject to approval of a Conditional Use Permit.

B.    Large Residential Care Facilities (Assisted living facilities), pursuant to PMC 17.91.110. (Zoning Ordinance Amendment 98-1, adopted by City Council March 10, 1999.) (Zoning Ordinance Amendment 08-01, adopted by City Council March 3, 2010.)

C.    Multiple family uses and mixed use projects containing no more than four dwelling units shall be permitted in the MX Overlay Zone subject to approval of a Conditional Use Permit and the standards listed in PMC 17.73.090 for mixed use projects consisting of four (4) dwelling units or less.

D.    Multiple family uses and mixed use projects containing five (5) or more dwelling units shall be permitted within the MX Overlay subject to approval of a Comprehensive Development Plan (Chapter 17.28 PMC) and the standards listed in PMC 17.73.090.

17.73.070 Accessory Uses and Structures Permitted

The following accessory uses are permitted in the MX overlay zone.

A.    Any accessory use or structure permitted within a single family residence in the R-1 Zone shall be permitted for a single family residence within the MX Overlay Zone, subject to the applicable requirements specified in Chapter 17.41 PMC, Zone R-1.

B.    Any accessory use or structure permitted within the R-2 Zone shall be permitted for a multiple unit within the MX Overlay Zone, subject to the applicable requirements specified in Chapter 17.42 PMC, Zone R-2.

C.    Any accessory use or structure permitted by the base zoning designations shall be permitted within the MX Overlay Zone, subject to the requirements specified in the base zone district.

17.73.080 Similar Uses Permitted by Planning Director Determination

The Planning Director may determine that an unlisted use is similar to and not more objectionable to the general welfare than those uses specifically listed in the MX Overlay Zone, pursuant to PMC 17.24.120.

17.73.090 Standards of Development

Any projects in the MX Overlay Zone shall be subject to the development standards prescribed in this Section and those standards contained in Division 8, General Standards of Development.

A.    Except as specified in this Section or as may be approved in accordance with a Comprehensive Development Plan (Chapter 17.28 PMC), any commercial office or retail use, or any public, quasi-public or institutional use, shall be developed in conformance with the applicable standards contained in base commercial zone.

B.    Any alteration to an existing single family residential use shall conform to the applicable requirements of this Section.

C.    Any alteration to an existing multiple family use shall conform to the applicable requirements of this Section.

D.    The following standards shall apply to construction of any new residential structures within the MX Overlay Zone or to alterations of existing units as deemed applicable by the reviewing authority.

1.    Construction of new residential units or conversion of existing structures to residential units shall only be approved in conjunction with a mixed use project.

2.    The proportion of residential to commercial floor area within a mixed use project shall not exceed a ratio of 2:1.

3.    Maximum residential density within any mixed use project shall not exceed 10 dwelling units per acre, with the exception of qualifying projects for which a density bonus agreement is approved.

4.    For those areas with base zoning designations primarily characterized by retail sales and service activities (i.e. C-3, C-D), residential units should be located above or behind the principle commercial use, as viewed from an abutting street or pedestrian paseo.

5.    For those areas with base zoning designations primarily characterized by general or professional office uses (C-2), no vertical or horizontal separation between residential uses and office uses is required.

6.    Development standards for residential uses within the Mixed Use Overlay Zone shall be as follows:

a.    Required lot area, lot width and lot depth shall be that listed for the underlying commercial zone.

b.    Maximum building height and minimum building setbacks shall be that listed for the underlying commercial zone.

c.    Minimum building separation between commercial and residential structures shall be ten (10) feet unless attached.

d.    A minimum of 200 sq. ft. of usable private open space, consisting of a private yard, patio, deck, balcony or a combination of the above, shall be provided for each single family unit. Within multi-family residential projects, a minimum of 100 sq. ft. of usable private open space shall be provided.

e.    For projects consisting of more than ten (10) residential units, an area not less than the equivalent of 20 percent of the residential building area shall consist of areas devolted to common recreational or social amenities, including, but not limited to recreation rooms, day care facilities, weight rooms, barbecue areas, etc.

f.    A minimum of one (1) dedicated enclosed parking space shall be required per residential unit. Residential garages shall not be counted towards meeting minimum commercial parking requirements For purposes of this Section, dedicated parking spaces within a parking structure will meet this requirement.

g.    Except where preempted by the development standards contained in this Section, single family residential units within the MX Overlay Zone shall conform with the standards listed in PMC 17.41.090(G), and multiple family housing within the MX Overlay Zone shall conform with the standards provided in PMC 17.42.090(G)(2).